HomeMy WebLinkAbout11-2560' f
Pa.R.C.P.2962
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.: - os(a ?l? T'?'?^
*
Plaintiff, CONFESSION
* OF JUDGMENT OF MONEY
V.
*
HI HOTEL GROUP, LLC
1904 Christopher Place
Harrisburg, Pennsylvania 17110 -- --y
m
? ? -a
And * '
u,> C
SHAILESH PATEL * n'
22 Arverne Court :zo
a c`
Timonium, Maryland 21093 * _
3;c=
• • -`? ''
And
BHAVNABEN S. PATEL
22 Arverne Court
Timonium, Maryland 21093
And
ASHISH RANA
5 Morris Drive
Glen Mills, Pennsylvania 19342
And
RACHANA PATEL
5 Morris Drive
Glen Mills, Pennsylvania 19342
Defendants.
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A
* * * * * * * * * * * * *
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, HI Hotel
Group, LLC and confess judgment in favor of the Plaintiff and against the Defendant as of
February 11, 2011 under Count I as follows:
Principal $2,986,498.23
Interest $ 50,202.21
Late Charges $ 2,408.98
Per Diem $551.67
Total $3,039,109.42
C,,,A
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
SUSQUEHANNA BANK
Successor-in-Interest to
SUSQUEHANNA BANK, PA.
307 International Drive CIVIL DIVISION ,t
Hunt Valley, Maryland 21030 * Case No.: I(,,? 5(015 ei fil
*
Plaintiff, CONFESSION
* OF JUDGMENT OF MONEY
V.
*
HI HOTEL GROUP, LLC
1904 Christopher Place ?.
Harrisburg, Pennsylvania 17110 * - =? --§
rn
And * ;a
SHAILESH PATEL * v"
22 Arverne Court z c:) C) ?'.
Timonium, Maryland 21093 * 5;c--
Z
Ln :e
And
BHAVNABEN S. PATEL
22 Arverne Court
Timonium, Maryland 21093
And
ASHISH RANA
5 Morris Drive
Glen Mills, Pennsylvania 19342
And
RACHANAPATEL
5 Morris Drive
Glen Mills, Pennsylvania 19342
Defendants.
Kassa sv
a 4
T T T T T T T T T T T T T
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, Shailesh Patel
and Bhavnaben S. Patel and confess judgment in favor of the Plaintiff and against the
Defendants, jointly and severally as of February 11, 2011 under Count 11 as follows:
Principal $2,750,000.00
Interest $ 50,202.21
Per Diem $551.67
Total $2,800,202.21
/\,_^ J) ti c-?
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
0, .
Pa.R.C.P.2962
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.: f -a5la vi 'l
*
Plaintiff, CONFESSION
* OF JUDGMENT OF MONEY
V.
*
HI HOTEL GROUP, LLC
1904 Christopher Place
Harrisburg, Pennsylvania 17110
And
SHAILESH PATEL
22 Arverne Court
Timonium, Maryland 21093
And
BHAVNABEN S. PATEL
22 Arverne Court
Timonium, Maryland 21093
And
ASHISH RANA
5 Morris Drive
Glen Mills, Pennsylvania 19342
And
RACHANA PATEL
5 Morris Drive
Glen Mills, Pennsylvania 19342
Defendants.
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C7 "rt
D
cn
?l 1(4. c? pd a/F
Ct- 0- 1) LO rk
t",551 30
IND h'ce ACVIled
J ?
* * * * * * * * * * * * *
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, Ashish Rana
and Rachna 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 $ 675,000.00
Interest $ 50,202.21
Per Diem $551.67
Total $ 725,202.21
d? o ? C.'?
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.: < <- a $ (QD C:t I (T-en4ol,
*
Plaintiff, COMPLAINT FOR CONFESSION
* OF JUDGMENT OF MONEY
V.
*
HI HOTEL GROUP, LLC
1904 Christopher Place
Harrisburg, Pennsylvania 17110
And
SHAILESH PATEL
22 Arverne Court
Timonium, Maryland 21093
And
BHAVNABEN S. PATEL
22 Arverne Court
Timonium, Maryland 21093
And
ASHISH RANA
5 Morris Drive
Glen Mills, Pennsylvania 19342
And
RACHANA PATEL
5 Morris Drive
Glen Mills, Pennsylvania 19342
Defendants.
Nq
?c c? m
_
* * * * * * * * * * * * * *
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: HI Hotel Group, LLC, 1904
Christopher Place, Harrisburg, Pennsylvania 17110, Shailesh Patel, 22 Arverne Court, Timonium,
Maryland 21093, Bhavnaben S. Patel, 22 Arverne Court, Timonium, Maryland 21093, Ashish Rana,
5 Morris Drive, Glen Mills, Pennsylvania 19342 and Rachana Patel, 5 Morris Drive, Glen Mills,
Pennsylvania 19342.
COUNTI
3. The Defendant, HI Hotel Group, LLC ("HI") is presently indebted to Plaintiff
pursuant to a $3,168,750.00 Commercial Loan evidenced by a $3,168,750.00 Five Year Fixed Rate
Note dated August 12, 2008 ("Note") executed by the HI 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, HI, which is a true and accurate
reproduction of the original, is attached hereto as Exhibit "A" and in incorporated herein by
reference.
4. HI 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, HI 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, HI 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 $2,986,498.23
Interest $ 50,202.21
Late Charges $ 2,408.98
Per Diem $551.67
Total $3,039,109.42
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, HI authorized and
empowered any attorney of any court of record to appear on behalf of HI and to confess judgment
against HI 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, HI, and requests
that judgment be entered against the Defendant, HI Hotel Group, LLC in the total amount of
$3,039,109.42 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, Shailesh Patel and Bhavnaben S. Patel (collectively "S&B Patel"),
absolutely and unconditionally guaranteed payment of the obligations owed to the Plaintiff by HI
under the Note in an amount not to exceed $2,750,000.00 for principal, plus interest and costs
pursuant to the execution by S&B Patel 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, S&B Patel, which is a true and accurate reproduction of the original, is attached hereto
as Exhibit "C" and in incorporated herein by reference.
14. S&B Patel 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, S&B Patel 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, S&B Patel set forth herein has not been entered against a natural person in
connection with a consumer credit transaction.
18. Judgment has not been entered on Guaranty 1 in any other jurisdiction.
19. The itemization of the amounts owed under Guaranty 1 as of February 11, 2011 is as
follows:
Principal $2,750,000.00
Interest $ 50,202.21
Per Diem $551.67
Total $2,800,202.21
20. Guaranty 1 with the Confession of Judgment and Warrant of Attorney was executed
by S&B Patel on August 12, 2008.
21. Under the Confession of Judgment set forth in Guaranty 1, S&B Patel authorized and
empowered any attorney of any court of record to appear on behalf of S&B Patel and to confess
judgment against S&B Patel 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, S&B Patel,
5
and requests that judgment be entered against the Defendants, Shailesh Patel and Bhavnaben S.
Patel, jointly and severally, in the total amount of $2,800,202.21 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, Ashish Rana and Rachna Patel (collectively "A&R"), absolutely and
unconditionally guaranteed payment of the obligations owed to the Plaintiff by HI under the Note in
an amount not to exceed $675,000.00 for principal, plus interest and costs pursuant to the execution
by A&R 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, A&R, which is a
true and accurate reproduction of the original, is attached hereto as Exhibit "D" and in incorporated
herein by reference.
24. A&R 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, A&R 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, A&R 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 $ 675,000.00
Interest $ 50,202.21
Per Diem $551.67
Total $ 725,202.21
30. Guaranty 2 with the Confession of Judgment and Warrant of Attorney was executed
by A&R on August 12, 2008.
31. Under the Confession of Judgment set forth in Guaranty 2, A&R authorized and
empowered any attorney of any court of record to appear on behalf of A&R and to confess judgment
against A&R 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, A&R, and
requests that judgment be entered against the Defendants, Ashish Rana and Rachna Patel, jointly and
7
severally, in the total amount of $725,202.21 and brings the attached Guaranty 2 into Court to
recover the said sum.
Date: February 28, 2011
0 AJ
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 unworn 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. e Fleury V, istant Vice President
Susquehanna B
FIVE ?ARMJDRATE NOTE
$3,168,750.00
.August 12, 2008
FOR VALUF 1 HOTEL G-110esP, LLC^ a Pennsylvania Limited _,iability Company,
1904 Christopher Place, Harrisburg, PA 17110 (hereinafter rcfenvd to as 1r4.aker) promises to
pay to the order of S S?QUERA NNA BANK PA, a Pennsylvania banking irstit-rdon,1060
Main Street, P.O Box 580, Blue Ball, Pennsylvania 17506 (hereinafter -referred :c. as Obligee) at
1060 Man Sect, Bl a Pall, Pennsylvania 17506, the sum of Three MiLi= One Hundred Sixty-
eight Thousand S•eren Hundred Fifty and 00/100 ($3,168,750.00) Dollars, together with interest
and costs as more particularly hereinafter set forth The term of this Note sh-d) } ,we hundred
forty ± 240) months. From the date hereof until August 12, 2013, to outs as ing principal
balan? of this oblir-ation shall bear interest at the rate of Six and Sixty-five ll: ml:redths Parcent
(6.6501c) per aaac aL Theseaf ter, the outstanding principal balance of this Note sl`sil bear interest
at the Wall Street Prime hate, as hereinafier-defined, to be adjusted annually or, *o anniversary
date hereof Principal andfid6rest sW' be due and payable is equal montIly i ullments in the
amount of Twrunt-/-four Thousand Eghty-none and 73/100 ($24,089.73) DoUars, due and payable
on the 12* day of each month, commencing September 12, 2008, mail Au&rust 12, 2013.
Then%aftcr, the.amoiint o eaca installment shall be an amount which,.if paid rnoff?hly over the
remainder V, the ?,-== of the Note, will be sufficient to pay in-f-S ail principal, together will
interest a=ued at the then-cumvirt contract rate. 7"ne entf.-e principal balance, together with
accrued interest aad costs. shall be due end payable in full, if not sooner pa:b?L on August 12.
2028. The forejokig notwithstanding, on the fifth anniversary hereof, Obligee slwU have the
right to demand MT.ient of the then' remaining outstanding principal baits.,- due. toget wr with
all interest accrued and costs.
This Obligation is be made under and subject to the following Urms ar.:.d conditions.
1. Note is executed pursuant to the terms of a certain Loan Agrw nt bearing even
date herewith Cn rein referred to as the Loan Agreement), this note being refer.-,et to is the Loan
Agreement as Mortgage Note No. 1. The definitions of all proper nouns ut liziecl un the Loan
Agreement are bicvo .orated herein and are made a part hereof, except to ;hr, ext nt that any such
doMtion is clev.ly inconsistent with a definition as contained in this Obliption, and all proper
nouns utilized hr;eiL shall have the meanings attributed to them in the Loan Agretment unleLss
the conwa hereof clearly indicates the contrary. This Note is secured by the c6liattral described
in the Loan Agreement, to which reference is made for a full description thereat and includes,
but is not limited to, a first lien mortgage of even date, executed and dehvcrA by Maker to
Obligee,. granting to Oblipe a mortgage interest in certain prcmiises located at 14-50 Harrisburg
Pike, Carlisle, FA (hereinafter called the Mortgaged Property).
2. in planning for the advancing of the proceeds of this Note, and k planning its
investment perffelic, the obligee is relying upon this Note and the interest to he d yed #=from,
and some ass.nrd period of interest accrual is a bargained-for consideration in the: transaction.
Accordingly, from the dare hereof until August 12, 2013, the Obligee shell, 1't r? ,-iizcd to accept no
partial prepaynmis of pzincipal from any third party source, other than those: ruw1 t ig from
regularly scheduled amortization payments, from excess cash f low to the Maker, or from sale of the
EXHIBIT A
premises securing this Note. In the event that the entire principal balance of the Natti is paid Dior
to August 12, 2013, from the sources refeard to in the F iing sentence, such payerent
shalt be sccorupaniad by all acaued interest and all costs anti, in addition, a -t cMay rent premium
equal to. Two (2.(r..,') percent of the iben-outstanding principal balance of the';ote. This
pMxy,l=t premium is a bargained-for consideration and not a liquidated dames Vmvisim T -ais
payment p vmi --n mision shall not be applicable in the evert that the Offigzc's accoicration
of the payment temi of Note triggers the prepayment, unless tie def tuft resuleing :a such
acceleiat€on is reas+ .pabry deemed by the Obligee to be a purposeful default- No partial prepayment
shall postpone or istrerrtrpt payments of future installments of principal and 41'7 = t- A ich shall
continue to be dur ;mod pwable at the time and in the amounts set forth above ',-mt;d payment in fill.
Y'rom and after August 12, 2011:Maker-shall'have the privilege, without prerniw-i o: pity: at any
time and frorc time ,j time, of prepaying this Note, in whole or in part:, provWx chat each
prepayment shall be accompanied by accruied interest on the amount prepaid.
3. All of the rams, covenants, and conditions in the Mortgage, the Loan Aptement,
both of even date herewith, and any other documents executed as part of th;: I.= (such other
Agreements or doc-mect3 bcing 1aeinafter collectively called Collaterel , C-M i ncorporated
hcreir, by ref=we and are hereby made a part of this Note to the sars*e extirm ar-A with the same
force and effect as they were .fully set forth herein. If Maker fails to keep, A;jvte, and
perform any of the teinn3, covenants, and conditions contained in this Note, or the Collateral in
accordance with t tarots and provisions Thereof, Obligee may, in its discm ior., bra widwr.- any
obligation or duty to so 63 and without waiving any, default, perform any of sudc t. is,
covenants, and avw, itiow, in part or in whole, and any money advanced. or. eacpeaded by Obligee
in or toward the %WJbx 3t of such terms, covenants, and conditions shall be due: or demand and
become a part of arm' added to the indebtedness due under this Note and secxared by the
Collateral, with interest thereon at the interest rate on the principal of this Norte, fs :m the slate of
the respective advzrw or expenditure.
4. in tare event the the Maker fails to make: any required payment; wi`ahm ten (10)
days Otter the due date taemt as set forth in this Note, the Obligee may hulvae u late fee in the
amount of Five (5%) Pe=nt of the unpaid scheduled payment, or Fifty (SSO.00) Dollars,
whichever is greater. it such event the Obligee may deem the Makcr to be in d: &tilt under the
terms of this NowR the Mortgage, or the Assigns ent of Leases and Rents, rr.,3 f--r• so long as any
such default shall eondme, at the election of Obligee, without notice, the i3ZtertSt rate applicable
to the outstanding: principal balance of any obligation or obligations of Ma c::r IL-Teunder snail
u=xxiiateiy be irmveased to an annual rate Two (2.0%) percent above the then ciurently-
applicabie interest rat.-, Tad the interest rate shall remain at an annual rate eruel :o Two (2.0%)
percent above the &,.- w ich would otherwise be applicable to the ou standinng pi:zlcipal balance
until all principal. interest, and costs are paid in full, or until any such dof m, it has 'kxen carrel,
including payment of all accrued interest at the rate as set forth in this paragmph. Upon cure of
any swh default, the tie of interest on any Note shall be reduced to the rate of =L-te, est as
herelabefore set forth.
5. if A4alcer shall fail to make any payment of principal or irate :-t w, J:is Note for a
period of ten (i( ;) Jays after it shall fall due, or fail to perform or observe any of the terms,
covenants, and renditions contained in this Note or in the Mortgage or in any other Collateral, or
if any certificatier.. warranty, or representation made or hereafter made by Maw t - Obligee
should prove to be materially false, dmm the entire unpaid principel balance c n :his Note, together
with interest accrnued thereon, together with all other sums due or owed by T aker 1",?ereunder or
under the trims of the Mortgage or wW other Collateral, shall, at the option of Obll6ve and
without nova: to Maker, become due and payable irswmhaiely, together with an attorney's fee
for collection of five Mo) percent of the total indebtedness owed by Maker ,o Obligee hereon,
but in no event Ics s than 57,500.00; and payment of the same may be enfoz ed ar'_,d recoverod by
the entry of jud at on this Note and the issuance of execution thereon.
6. UPON T HE O^.Ci_rRRENCE OF /:NY EvV A OF DEFAULT L, DER 'I HE TERMS OF THIS
NOTE, INCLI:DUjG ANY E'1'EN'1' OF DEFAULT LINMER TOE TERMS OF ANY ,aOC11-112 rr
DiCOIR3tORAT'EI! III.. ',E4, AND !INTER THE EXPIIRATION OF A NY APPLICARL CI RE P€RIOD$ AS
SET FORTH HEM N OR Iii ANY OF ` LOAN DOCLWENTS, MAKER HEREBY 11RE11 'OCABLV
AUTHORIZES ANN PRt11T,HONOTARV OR ANY ATTOSOMY OF ANY COURT OF RECORD ` lJ IN THE
EH=-g To APPEAR FOR IT AND TO CONFESS 3UDML AGAINST I I',
UNTiM STATES I1R rl S W
MAY RE OR BECOME LIABLE UM1 R THS "T$ILMS OF I Is[S
POR ANY 4-,40t1 N"T'W# Cf$ IT
AC!L'1.E1mN., OR I.wOER'w7Z TERMS OF ANY DOCUMENT INCORPORATED HERFIN7 UPON THE
FILING OF AN Ai, FjnAV?T SETTING FORTH THE EVENT OR EVENTS OF 9j-E3FALU1, TOGETMR
WTT1i nMREST AS gEM-zN OR 5i'fiERW- PROVIDED, AND ATTORNEY FEES AS HEREIN OR
TMREIR' SET I<OYtTp A COSTS T'S OF SUIT, R= ASE OF EIi.ROiES, AND WAIVER O F APPEALS , AND
.E,-IJTIO\. FURTHER, MAKER EACH REM-BY W UVU AM' AND AM
WTFi;OU STAY OF Ey
fUGITTS OF INQ1jZrr1OK ON ANY REAL ESTATE Tarr MANY BE LEVIED UPON TO LVIALECf THE
AMOUNT OR AP? OUN TS I?ITE UNDER A.IUDGM NT OBTAINER BY VIRTUE IIRREO?; AND IT DOES
HEREBY j0LUHT. jL y CONDINN TIM SA:1s"$ ANtD AUTHORIZE THE PROTTiO:+F43'.:ARY TO ENiT..-ER
UPON A WEXT OF E:„EO{.!'I' ON SAID VOLIJK i ARY CONDEMN A:T IONi, AND DOFS 11? r NY Ft;XTH R
A(;RILS THAT SAM READ. TATE MAY BE SOLD ON A WRIT OF EX£CUTIONI A}4"D' IT .RZBY
WAIVES AND RE _VES ALL RELIEF FRMM ANY A NI) ALL APPRAMMENT9 Sit AY9 A- D
EXEMPTION LA'Qn OF MNY S'T'ATE NOW IN FORCE OR HEREAFTER KNACTE? AND ,t O RIGHT TO
]SXCM TO, STRUM OFy, OI"EN, OA APPEAL r' Rcj&J TMt JUDGMENT SO W fI M IF A TRUZZ COPY
OF T3i1S i8?7RUFrtfB?:"t' SETALL BE FUM LN SUCH AC s'ION, IT SHALL NOT BE N.9CFSSARY TOR"
THE ORIGINAL AS A WARRANT OF ATTORNEY, ANY RULE OF COURT TO 'ICES C% IMARY
NOT WIT11SttANDING. M S NGI:E EXERCISE OF THE FOREGOING WARRANT AND POWER TO
COi TM, jVDt-,ham ,"4T SILtLL BE'DREMED TO EMAUST TEX POWER, Wazism OR VOT SUCH
EURCISS SHALL BF, IIXLD BY COURT TO BE INVAIM, VOTDABLI14 OR L 010, BL'T THE POINE'iR
SHA L, CONTI?+ bt M1 1MMISM0 AND MAYBE EX RCISED FROM TMIF TO TIME AS OT EN AS
MAY BE NECE M4RY 'L%-M ALL SUMS PAYABLE UNDER THE TERMS OF THIS AGREEMENT HAVE
'BEVY Y'AID IN ntt, - ANY jUDGMEOT ENTERED PL;RSUANT PTO SI'I U L kM%R `+N-MRM AT
THE CON T. RACi' 'IRATE OR PkTES UNTIL PA® IN FULL, THE COM- RR4CT RA'I'L TO RE APPUED TC
TTY JUDGKIM-l" M LIEU OF TILE L$GAL IRATE Of V ERZST Pita OVIDEED By APPUCABLE LAW'
FIDE POWER OTT 4LTTOFL'+iEV SHALL NOT BE AFFECTED BY ANY SUBSEQUEA7 DISABI1.Ti rY OF ANY
F RIN(LIPAL.
7. Tee remedies of Obligee provided herein and in the Collateral and the warrants of
attorney herein or f q^n;if'f contained shall be cumulative and concurrent a&-ul may be pursued
singly, sueemsit vy, and together at the sole discretion of Obligee, and ma;y be ewarcised as often
as occasion them' c:' shat' occur; and the failure to exercise any such right or rcr.:cdy shall in no
event be cor"acd as a waiver of release of the sane.
8. Make: barebyrelcam Obligee and said aftm-my or attor^eys frora all errors,
defects, and imprfee om whatsoever in entering judgment by confession hereon as afor and or
m issuing acy proc,= or instituting any proceedings mating thereto and 1Wr*Y waives all
benefit that rnio axrie to Mekec by virtue of any present of future laws exempting the
Mortgaged Proper,4,,', or any other property, real or personal, or any part of the proceeds arising
from any sale of any such property, from attachment. levy, or sale under exec t:on, or providing
Cution, exemption from civil process, or extension of time, and agrees fast
for any stay or e-
such property ma.)° he sold upon any writ of execution issued up<m any jazdgirart recorded herein
in whole or in part and in any order as may be desired by Obligee.
9. i A-ar shell pay the cost of any revenue, tax, or other stamps novi crr hereafter
required by law at any time to be affixed to this Note or the Coliateml; and if any taxes be
imposed with respect to debts so secured, with the exception of any applicable fide al, state. or
local income taxc% or any county personal property taut which may be asses. -d against Obligee,
Maker agrees to pay to or rejmburse the Obligee upon demand the amount of su?.h taxes and
hereby waives aw c ontrery provisions of any laws or rules of court now or hermf`.cr in effort.
Maker shall beat- al costs of collection of fil•.is obligation, including all court x s% incidental
expenses, and Obligds counsel fees, all of which shall bear interest at the c ont -act
rate herein specified until paid in full and all of which shall be dun without &-mand from time to
time as mcruod.
10. As urlizei herein, all references to the Wall Street Prime Rate 6dl be deemed to
refer to the Wall Street Journal Prime Rate as published ki the Wall Street jou #=act from time to
time as a reference base. The Wall Street Prime Ratc may vary from day-to-day, wj-,hout notic.,
and any interest mite chs ged any loan customer utilizing the Wall Street Prince Rate as a
reference shall change si= ltaneously wit and automatically. The interest :ate applicable to gels
Obligation shall be calculated based upon the actual days over a 360-day year. If the index
becomes unava table during the term of the Note, then Bank may designaLe a sa=w-titute index
after notice.
11. Tte words "Obligee" and "Maker", whenever occurring herein, s% al be deemed
aid construed to iDlude the respective successors and assigns of Obligee m-e-miaker. This
instrument shall he construed according to and governed by the laws of the Cowmrwnwealth of
Pennsylvania.
12. ?his is a contract under seal and may be enforced under 42 P&C.S. §5529(B).
LLC
'sue"
' avritlal B. Zaver, Operating Mensger
oo,
> 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:
(410) 385-5072
WRITER'S E-MAIL ADDRESS:
MNORD(ftebsmith.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: (302) 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,
?/ AJ 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: (4101752-5830
FACSIMILE: (410) 385-5119
WRITER'S DIRECT DIAL NUMBER:
(410) 385-5072
WRITER'S E-MAIL ADDRESS:
MN0RDftaebsm1th.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
WILMINGTON OFFICE:
SUITE 451
904 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
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
VV- -
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, I 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 thereunder 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.
W- -
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,
A
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- -
1. C! Mr 1 ONS - As used herein fire following terms shall ZaAm tba meanings
indicated:
(a) "Undersigned" means Sl^lr ANSI J. PAT EL ANRfA?IAB 1
PATEL.
(b) "Obligee" means SUSQUMA NA BANK PA., a Pennsylvania
financial fiLitiattion, with offices at 1060 Main Street, Blue Ball, PA 1; 506.
(c) *Principal Debtors" means W1 HOM GROUP, LLC, EL HOTEL
GROUP, LLC, MD E12 HOTEL GROUP, ILLC, 1904 Chrimphz r P lace,
Harrisburg, PA 7110 (also sometimes collectively referred to as Prircips Debtor).
(d "Principal Debtors' Liabilities to Obligee" means tail i Asnbtedness of
Principal Debtors 'a Obligee, evidenced by? certain promissory notes, a x-msin Loan
Agreetr t, and other loan docmnentation dated August 12, 2008, in the aggregate
principal seism, of Six 'Million and 00/100 Dollars ($6,000,000.00) D.-Ala=i, together with
interest and costs as therein provided.
2. rQ, CMG 9-MA - The Undersigned hereby r, ncoriditionally
guarantees to the Obligee the due performance, including, but not being HinhretJ to, -the prompt
payment when due, of the Principal Debtors' Liabilities to Obligoc. This A,gier mex t shalt $e a
Guaran. ty and Suretyship Agreement; and the liability of time Undersigned herewder shall be
unconditional. T h z o-,u,arty is a continuing one and shall be effective and btenig on the
Undersigned un i al i seams due Obligee under the provisions of the Prinz psi D&,tors' Liabilities
to Obligee are paid L- full.
3. &MtOUy?I'1' OF LIABILITY - The amount of the Undersigrr4Ss liability
her rider shall be limited to the principal sum of Two Million Seven l4undmd Fifty Thousand
and 00/100 (S2,'.50,W)•00) Dollars, together with interest and costs as d ein pr-wvided in the
Principal Debtors' Liabilides to Obligee. The Undersigned agrees that the amoo;et of the
Principal Debtors' Liabilities to Obligee may from time to tirae exceed the mid iirait of the
Undersigned`s liabil: ° hc*eunder without in any way affecting the liability of the Undersigned
haeunder, and the Obligee may apply any payment with respect to Principal Debtors' Liabilities
to Obligee to or on aomunt of such of Principal Debtors' Liabilities to Obligee a;rid in such order
as the ObI ligee ma) elect,
4. UlCOND-MONAL LIABILITY - The liability of the Undersigned hereunder
is absolute and ua onditional and shall not be affected in any way by rcason of tu) any failure to
mtain or preserve. or time lack of prior enforcernent of any rights against any ptzra1(including
the Principal Debtor and any of the Undersigned) or in any property, (b) the invaMity of any
such rights which may be attempted to be obtained, (c) any delay in enforcing or iklure :o
EXHIBIT C
enforce any stitch rights even if such rights are thereby lost, or (d) any delay in msidrg demand on
the Undersigned for performance or payment of the Undersigned's obligatiora hereunder.
Urdersigned hereby, -at nts and agrees that Obligoc may at any time and from titre to time in
its discretion, aII vAtf -out notice to or further consent of the Undersigned except tLS exp.*esAy
herein provided, (i` ?modify, supplement, waive, or replace the terms of the Prlrnill a] Debtors'
Liabilities to Obligee, (ni extend, waive, or change any payment due date, t 001 waiver,
subordinate, settle, cwnpaemise, or release any claim against Principal Daebtrr or any Wier
Principal Debtr, Clfl l exchange, release, sell, or compromise any collateral smving any of the
obligations guaranteed hereunder. Undersigned further agrees that its obligatio.-.s hmunder shall
be absolute, unconditional, and imvocahlc, irrespective of any circt: mstancc, cot, claim or
defense which might othe wise constitute a defuse available to or a discharge of Principal
Debtor, Undersigned, or any other obligor.
5. F? - i he Undersigned hereby wavvos all notices of &V can actor
whatsoever with r»Trort o this Guaranty and the Principal Debtors' Liabilities to Obligee, except
as expressly herein provided, including, but not being limited to, notice: of tit- acceptance hereof
and rolim= hereon; of the present existence or future incurring of any of*.hc'?r::-.,,-.ipal Debtors'
Liabilities to Obiigce; of the amount, terms, and conditions thereof; of any ac,?iiona taken by
Ob4ce or Prig cipt-d Debtor under the Principal Debtors' Obligations to Obligee, or any of them;
of demand for p mtord and notice of dishonor or nonpayment under the Pri-wipai Debtors'
Obligations to O!?ligm or any of thcm; and of default, accoleration, and aDy enforcement action
taken or which may be orlon by Obligee under the Principal Debtors' Obligallo ,, to Obligee, or
any of them. Fhe Undersigned hereby consents to the taking of, or failure to take; i±-om time to
time %ithout notice to the Undersigned, any action of any nature wbatsocvcr with respect to the
Principal Debtors' Liabilities to Obligee and with respect to any rights agaiwt miy.person or
parsons (trending to Principal Debtor and any of the Undersigned) or in wi; pru7 rty,
including, but not wing limited to, any renewals, extensions, modifications , pc s.;xaemezrts,
compromises, induigcncm, waivers, surrenders, exchanges, and reicases, and the Undersigned
wil! remain fis'sly liable hereon notwithstanding any of the foregoing; provid4 however, the the
granting of a release of the liability hereunder of less than all of the Underiipwd shall be
effective with respect to the liability hereunder of the one or more who are spc dhcally so
released but shall in no way affect the liability her Oder of any not so released. Trio death or
incapacity of any of rite Undersigned shall in no way affect the liability howetmder of any other of
the Undersigned. I'm Undersigned hereby wavvex the benefit of all laves 3a,,,1? rrr havafter in
effect in-any way liming or restricting the liability of the Undersigned hereum:rr, including
without limitation, (a) all defenses whatsoever to the Undersigned's Hability hewaAer except the
defense of payments made on account of the Principa! Debtors' Liabilities to Obligee and the
Undersigned's liability hereunder, including, but not limited to, any defense w 1lich, exists or
which may exist as a result of any waiver by Obligee at any time of its rights under the Principal
Debtors' Liabilities :r= Obligee or any delay or omission of enforcement of any stccl± rights, (b)
all right to stay of execution and exemption of property in any action t0 e*tforce the liability of
the Undersigned hereunder, (c) any requirement that Obligee protect, secure, perfect, insure, or
realize upon any security interest, lien, or claim or exhaust am right or -eke any action against the
Principal Debtor, any collateral or security of Principal Debtor or any othcT obligor, guarantor, or
sm-ety before proceeding against the Undersigned, (d) any and all s'aretyship or endorser defenses
whlcb miglg otherwise he aveuble, including, but not limiter to, release or d,!3zI=.=c of
Principal Debtor by Obligee, nnodification of tbz obligation of Principal Deer w. Obligee,
extension of. time fir performance to Principal Debtor, impairmwt of collate impairment of
any right of recTurs;: or subrogation, failure by Obligee to comply mith any applicable law, or
failure by Oblige-z to disclose to the Undersigned any facts or cirmunstances not ot "se known
by the Undersigned: the Undersigned's sole defense hereunder to be the defense of payment or
pa *nriance by Undersigned of the obligations hereunder or performance by Principal Debtor of
Principal Debtors' obligations to Obligee under the terms of the Principal DcMorJ' Liabilities to
obligee. The Un&,-rqpwd expressly waives any right to discharge of the Un3crsigried's
obligations to Obligor which might otherwise result from an action by Obliges wbicb nigh:
adversely affect the, t.Tndersigned`s A& to compel perfmawce by Principal Debtor under the
terms of the Principal Debtors' Liabilities to Obligee, including.. but not linuted to, any right
under 13 Pa.C.S.A. §36tt5. In addition, all waivers of Principal Debtor contsi, i-N! In P:irtcipal
Debtors' Liabilhic? is Obligee are incorporated herein and are made a par. la-r• of.
6, ?,YI4iI:riT OF COSTS - In addition to all other liability v °-lie Undersigned
hereunder and nor-M thstanding the limit, if any set forth in paragraph 3 hemf, th,- Undersigned
also agrces to pay to the Obligee on demand all costs and expenses (includiin$ s--*sonable
attorney's fees aad kcal e:,,pensm) which may be incurred in the enforcement of dw Principal
Debtors' Liabilities to Obligee or the liability of the Undersigned Hereunder.
7..nt I ERATION OF UABII 1M -1f any of the Princirud Debtors'
Liabilities to Obligee is not dully performed, including the prompt payment whm :rue of any
amount payable tt -ean, W1 Principal Debtors' Liabilities to'Obligee shall zt 1a Obligee's option
be deemed to be ford-.with due and payable for the purposes of tars Guamaty and tl-.e liability of
the Undersigned 1hemandem
g, N,, OTK_R TO L*'?JDERSIGNH - Subject to the lien-tion h; x: inaiier set forth,
upon the ocermence of any Curable Defaull (as hereinafter defined) under th prvisions of
Principal Debtor' Liabilities to Obligee, Obligee shall provide the Underign d with written
notice thereof, sacs by certified mail with return receipt requested, 'die date of swch notice to be
deemod the date on whie'rr such notice is deposited with the United Stag Natal S Vrvice by
Oblib'ee, and the Ur cosigned shall have a period of ten (10) days from the elate of such notice
(the cure Period) to cure such Curable Default. In the event that such Cum is Default is not
cured within the Cum Period, Obligee shall be free to proceed with all availab Ee remedies against
Principal Debtor andlor the Undersigned. The time of the Cure Period shall be of the essence of
this Agreern.eut No notice shall be required from Obligee to the Undersigncd for any default
under the provisio-as of Principal Debtors' Liabilities to Obligee if such default is nut a Curable
Default. An event of default under the provisions of the Principal Debtors' Liabilities to Obligee
shell be deemed a Cwahle Default unless:
(a) Obligee determines that the delay in exerew-ug its fights resulting
from the giving of notice to the Undersigned as provided herein will ma wally adversely
affect Obligee's interest in any collatcral;
(b) The default is the result of the filing of any action im?olving
Principal Debtor or the Undersigned as a debtor under the Banlouptcy Codo (11 U.S.C.
§ 141 et seq.), whezl; such proceeding is voluntary or involuntiLy; o
{c} Obligee determines that the default is a nan monzt.m default
which csrr at be cared within the Cure Period.
9. CONFESSIO OF JUDO1KEN 1 - IN THE EVENT OF AIW D FAULT-BY 1 E
UNDERSIGN-= 0 R Tm Tmm HBIiwF, TFm UNDzrMGNzDMRnV iRRFYOCABLY
AEI's S0WM,S. #,qD F.l4TrOW'ERS ANY XI T ORNEV OF ANY COURT OF RZCOPD :O ..*'%'J rAR FOR AND
;:OnimB TDG: 'E!rr TWMM AGAMST TM UNMW1GNmj OR ANY OF `i slEM, R TfiZ
AMO IN t Fort vmf. H THE UxDRRSIGNED.NAY BE OR BEC("r1Y1 I.lAsLE'ro OBI.PGEE uIN _R *rAls
GVA-jjA'd'i'Y, AS (I#' ANY TZILM AND AT ANY TIME, WHETI€F R OR NO: AN EVENT OF DEFAULT
Ems" L'NDzjt TEL TERMS Ov P=czPAL DwroRs' Lusnj'f IES TO OBLIGrz., ..46 EVIDENCED
BY AN A.'MDAVIT MGNED BY AN OFFICER OF THE OBLIGIM SETTING FORT'F TIRE AMOUNT T?IEY
DUF, PLUS 5% THEREOF, BUT NO LESS T'SAN $2400.€0, AS &N AnowNsy's C°7mmisSI£l\, VI% i
COSTS OF SUIT, RELZAS£ OF ERRORS, AND W OUI' RIGHT OIL APPEAL, IF A COPY HEREOF,
V,SRIMD BY AN AFFIDAVIT, SHALL HAVE BEEN FILED IN SAID t ROCE uDI':NG, I's SHALL NOs BE
iNCImARY TO FILE THE ORYmINAL As A wARRANT OF ATTowny. THE UNl?''ItmGNED %Arm
THE RIGHT TO ANY STAY OF EXECUTION AJND TIlE BENEFIT OF ALL KXEM7n0 *4 XmVWS NOW OR
NO SINGLE ; CISE OF THE FOREGOING WARRANT ANB7 POWER TO
RF.AMR IN EFFECT.
CONFESS JUDGllOt N-17 SHALL BE DF.E+MED TOLMIAUST THE POWER, WHETHER aft NOT ANY SUCH
LXKRC=$1IAU BE HELD BY ANY COURT TO RR, INVALID, VOIDABLE, OR VOM,.BL°I° T POTVER
SHALL CONTINUE t'V rv. VGSHF.D AND MAY BE EXERCISED FROM I'ME, TO TIME AS OFTEN AS
TM OBLI ;E$ SHALL ELECT L'N'ITI. ALL SUMS PAYABLE OR THAT NVAY BECOME ? VABLE BY
THE UNDERSIGNED HAVE SEEN PAID IN FL;I.L.
lU. No SUSROGAT10hT -Undersigned absolute iy waiver. any s- nd all r: ight of
subrogadon to the rights of Obligoo upon partial payment or perfcrmance under the provisions of
this Agreement, sic/ Undersigned shall.have.no right to, not shall Undersigned demand,
assignment of any of Obligee's rights against Principal Debtor in the event of pa-mil payment or
performance by Undersigned• under the provisions hereof, until such time, as al rf Principal
Debtors' Obligations to Obligee are paid and/or performed in full.
11. OTI & QUAP Ai S - A subsequent guaranty by the C ndersigned or any
other guarantor of be Principal Debtors' Liabilities to Obligee shall not be doxned to be in lieu
of or to supersede or ten-minatc ibis guaranty, but shall be constcved as an-additiOnal or
supplementary guaranty unless otherwise expressly provided therein. and in; 9x :vent the
Undersigned or May other guarantor has given to the Obligee a previous guarar,+.y or guaranties,
this Guaranty shall be coastrued to be an additional or supplementary guarant;,, and not to be in
lieu thereof or to to urinate such previous guaranty or guaranties unless exp -wsly so p.-mided
>;erei"L
12.. WS-OBL:IAANF,OUS - If the Undersigned consists Of more than out person,
such .persons shall be iai_7rtlyand severally liable hereunder, This Guaranty 4.41-i i we to the
benefit of the Oblige:, its successors, awigas, endorsees, and any persen or penoas, including
any bank;ng hwti ion or institutions, to whom the Obligee may grant-any irrwer, in the
Principal Debtors' i iWlities to Obligee or any of them, and a udl be binding upon, the
Undcraigned and the Undersigned's exocutors, administrators, successors, assign, azzw other legal
representatives. I'm Lndersignod intends this to be a walad instn mt and to bw Isgatly bound
hereby. All issues m i ft hereunder shall be governed by the law of Pennsyv -ia, and the
p rforazance of all act hereunder shall be deemed to occur in Pennsylvania..
13. DOGUMEN-7 UNDER SE, AL - This is a contract :under s:a? and may be
enforcad under 42 P&C.S. §5529(B)
IN WITNFJS TWEERROF, the undersigned have executed this Agm-e-mant this day
of Augjsr., 2008, fir valuable consideration and intending to be legaiiy bozs;a.l rerecy.
?_?,.•sEAI.)
SHAMESH L PATS
(SEAL)
BHAVNA13l PATEL
GUARS J AGREEMENT
1. mzmnoNs - As used herein the following terms shall hive the meanings
indicated:
(a) "Undersigned" means ASHISR ZANA AND I~tACINA PATE-
(b) "Obligee" means SUSQUEMhNA BANK PA, a Peimsylvenia
finmeial ires"itj6on, with offices at 1060 Main St wt, Blue Ball. PA 17506.
(c) "Principal Debtor" means M TEL GROUP, L LC, FL .HOB
GROUP, LLC, and EU HOTEL GROUP, LLC,1904 Ohr%oplx-r FI wtj Harrisburg,
PA 17110 (also sormhmes collectively referred to as Principal Dcbvtor).
(d) "Principal Debtors' Liabilities to Obligee" means all itdebtedness of
Principal Debtors to Obligee, evidenced by certain promissory notes, a csttiin Loan
Agreement, and other loan documentation dated Augpst 12, 2008, is tho negate
prina* sure of Six Million and 00/100 Dollars ($6,040,000.00) I}oll irs, together with
interest ana costs as thwvin provided.
2. QNTINUIr1C# C}GARAN?3'Y - The Undersigned hereby ui vondationally
guarantees to the Obligee the due. parfonuance, including, but not being htrivd to, the prompt
payment when data, of the Principal Debtors' Liabilities to Obligee. This Agn-mrent shall be a
Guaranty and &,=,.ship Agreement, and the liability of the Undersigned hor<under shall be
unconditional. This Guaranty is a continuing one and shall be effective and h t rig on the
Undersigned ant1l ail surss due Obligee under the provisions of the Principal Debtors' Liabilities
to Obligee are page in fill.
M''rM OF LIABIIA t Y - The amount of the Under- g ms's liability
3. ; )i
hereunder shall be hunted to the principal sum of Six Hundred Seventy-fivc'i h,,a:-3M and
00,'100 ($6''5,00.0 ;) Dollars, together with interest and cos.s as therein prrjv dtd n the
Principal Debtors' UabiEties to Obligee. The Undersigned agrees that th-c amour, of the
principal Dcbtars' Liabilities to Obligee may km time to tune exceed the said liraiit of the
Undcrsigw&s liability hereunder without in any way af%cting the liability c.: thu Undersigned
hereunder, arch the Obligee may apply any payment. with respect. to Principal D btrirs' Liabilities
to Obligee to cr of account of such of Principal Debtors' Liabilities to Obtigte and in such order
as the Obligee may elect.
4. UN ML LIARTLTTY = The liability of the Undo-migned hereunder
is absolute and unconditional and shall not be affected in any way by rewon of ;s) any fail,ne to
retain or parse e, or the lack of prior enforcement of, any rights again., any Tea (including
the Principal Debtor and any of the Undersigned) or in any property, (b) the hi vtulidity of any
such rights which may be attempted to be obtained, (c) any delay in enforc.iut or faiiure to
enforce any suph rights even if such rights are thereby lost, or (d) any delay in. urai.•ing demand on
EXHIBIT D
the Undersigned for performance or payment of the Undersigned's obligation heier-ander.
Undersigned hereby consents and agrees that Wipe may at any time and *um time to time in
its discretion, all without notice to or further consent of the Undersigned exc;:m as expressly
licrein provided, (i) modify, supplement, waive, or replace the terms of the Principal Debtors'
Liabilities to Obagee, (ii) extend, waive, or change any payment due date, (iii 'l. waiver,
subordinate, settle, vompromise, or release any claim against Principal Debtor (v tay other
Principal Debtor, (ii) exchange, release, sell, or compromise any collateral s !u gig any of the
obligations gaareraeed eunder. Undersigned further agrees that its obligati. inis hereunder shall
be cbsolute,.uncond tionaL and != vocable, irrespective of any circum-stanr. azt claim or
defense which might otherwise constitute a defense available to of a disehar& of Principal
Debtor, Undersigrit-J, or my other obligor.
5. EWr M - The Undersigned hereby waives all notices of liar abuactcr
wl-=atsaever ,%ith respect to this Guaranty and the Principal Debtors' L,iab lit! ?s to Obligee, except
as expressly I-,miR provided, including, but not being limited to, notice: of ibi! acceptance hereof
and reliance havx-n; of the present existence or future incurring of any of the 14r` dpai Debtors'
Liabilities to Obligec; of the an. oum, terms, and conditions thereof oL any act ion is taken by
Obligee or Principal. Debtor under the Principal Debtors' Obligations iv Obligee. or any of them;
of dernar d for pw-mrnt and notice of dishonor or nonpgrnte tt under the Pranch*l Debtors'
Obligations to Obligee, or, any of than, and of default, acceleration, and -,n-y taf-ur:cment action
taken or which may be taken by Obligee under the Principal Debtors' Ofligat ens to Obligce, or
any of than. na-Undue hereby consents to the taking of, or failure is ;sire, from *m. to
time wig notice to the Undersigned, sc±y action of ary, nature whatsoever ,t2t:? :respect to !he
Principal Debtors' Liabilities to Obligee and with respect to any rights again-, t uy person or
persons (including the Principal Debtor and any of the Undersigned) or in any pr% ty,
including, but not being limited to, airy renewals, extensions, modifications, rostponements..
compromises, ir-dulgenebs, waivers, surrenders, exchanges, and releases, and t e Undersigned
will retrain My liable hinton notwithstanding any of the fomgoing; provided, however, :hat tite
granting of a rel ese .f. liability hereunder of less than all of the Undcrsigmed shall be
effectiv-e with respea to the liability hereunder of the one or more who art spe.m.1ir fly so
released but shall in noway affect the liability hereunder ox any not so relescetd. The death or
incapacity of any of the Undersigned shall in no way affect the liability hereatu;er of any other of
the Undersigned. 711te Undersigned hereby waives the benefit of all laws nova or hereafter in
effect in any war limiting or restricting the liability of the Undersigned herwandcr, Including
without I mutation . (a) all defenses Whatsoever to the Uudasignorl's liability leer-ander except the
defense of payer made on account of the Principal Debtors' Liabilities to Obligee and the
Undersigned's liaaifiLy hereunder, including, but not limited to, any defense y=. s ich exists or
which may exist as a result of any waiver by Obligee at airy,, of its rights under the Principal
Debtors' Liabilities to Obligee or any delay or omission of enforcement of v :rsch rights, (b)
all right to stay of execution and exemption of property in any action to enfnr c the liability of
the Undersigned hereunder. (c) any requirement that Obligee protect, secure, r enact, insure, or
realize upon any scouriry interest, lien, or claim or exhaust any right or take arrr action against the.
Hincipal Debtor, any collateral or security, of Principal Debtor or any other obligor, guarantor, or
surety before proceeding against the Undersigued, (d) any and all surcvtyship or cridorser defenses
which might otherwise bs available, including, but not limited to, release or .discharge of
Prmcipal Debtor by ON-igae, modification of the obligation of Principal De gzsr )s goligee,
extei Sion oftime for perfomaance to Principal Debtor, impairment of coHaterid, impairment of
any right of recoi^: or subrogation, failure by Obligee tQ comply with any applicable law, or
failure by Obligee to disclose to the Undersigned airy facts or circumstances apt otf:erwise known
by the Undersigned, the Undersigned's sole defuse hereunder to be the doferze .:qaaytnent or
performance by Undersigned of the obligations hereunder or pmfonnance by l icipal Dcb:or of
Principal Debtors' obligations to Obligee under the terms of the Principal Dectors' Liabilities to
Obligee. The Undo-signed expressly waives any right to discharge of the 7Jncers:gued's
obligations to Oblfgae which miglit otherwise result from an action by Obligra which might
adversely r.<1'ect the Undersigned's right to compel performance by Principal z?ebim under the
tams of the Principal D: btors' Liabilities to Obliged, including, but to, any right
under 13 Pa.C.S. A. §3605. In addition, all waive s of Principal Dobtor contuiaed 'en Principal
Debtors' Liabilities to Obligee are incorporated br.T in and are made a p. Iii-treo E
6. PA)D_4 ' OF COSTS - In addition to all other liability ct thw Undersigned
hereunder and notwithstanding the limit, if any set forth in paragraph 3 hawl, th-- Ondersiped
also agrees to pay w Obligee on demand all costs and expenses ('including reasonable
attorney's fees and legal expenses) which may be incurred in the enforcement of 4he Prffic a,
Debtors' Liabilitiex to Obligee or the liability of the Undersigned hereunder,
.7. ACM, Z,RAMN OF LIABILM - LO any of the Principal Debtors'
Liabilities to Obligee is not duly performed, including the prompt payment von due of any
amount payable thm-mri, all Principal Debtors' Liabilities to Obliged shall at Vic Obligee's option
be deemed to be foa-thwith due and payable for the purposes of this Guarwn J aced the liability of
the Undersigned hereunder.
S. NOT. &M TO jMMMI9NF.J7 - Subject to the limitatior .la yr in%O= set forth,
upon the occurr?cc of any Curable Default (as hereinafter defined) :order the pa-Eztisions of
Principal Debtors' Liabilities to Obliged. Obligee shall provide the Undersigned with written
notice thereof; smo by coed mail with return receipt requested, the date of such notice to be
deemed the date on which such noticc is deposited with the United Star Postal Service by
Obligee, and the Undersigned shall have a period of ten (10) days from the cis to of such notice
(the Cure Period i to cure such Curable Default. In the event that such Curatd07 I`''efault is not
cured within the Cure Period, Obligee shall be fro., to proceed with All avail-al-IL remedies against
Principal Debtor Candid the Undersigned. The time of the Curd Period sh33i be -.•f the essereo of
this Agreeanent. 'No notice shall be required from Obligee to the Undersign for any default
under the provisions of Principal Debtors' Liabilities to Obligee if such de ult is not a Curable
Default. An event of default under the provisions of the Principal Debtors' ' ab lities to Obligee
shall be decrrxd a Owable Default unless:
(a) Obligee determines that the delay irv exercising it'`s rights resulting
from the givhag of notice to ffie Undersigned as provided herein will materially advomely
affect Obligee's interest in any collateral;
(b) The da-fault is the result of the filing of any azi m involving
Principal Debtor or the Undersigned as a debtor under the Bankruptcy - oda (l I U.S.C.
§ 101 et seq.), whether suchproceeding is voluntary or invol mtar ,, or
(e) Obligee determines that the defm't is a non-r om-tay default
which canrrrjt be cured within the Cure Period.
9. C FSSj?FEj jM}lyjrlll'1' _ IN TEE EviNT OF ANY DF.FA:t,'• r BY tvE
UNv ERSion D u,.o a Tu E TBRM mRFAF, T = ILN- mz BIG.NED igEREBY taaEly0CA3LY
AVMORMES A" 1?.'?iJ'i %ZRS ANY ATTORNEY OF ANY CO1JRT OF RECORD TO APP R. FOR AND
CONFESS JVDG1B?%'T T RMI AGAINST THE UNDE.MGNZD, OR ANY OF ME M. FOR THE
AMOL+A" J' FOR' MCff THE UNDERSIGNED MAY BE OR BECOME L LE TO OBLIGEE UNDER TWIS
GuAsR.&YN, As flr wy Tmv AND AT ANY TIME, WHETHER oft NOT AN Ev$NT OF DEFAULT
MISTS UNMIt nu rt:€ais OF FIt aPALDEBTOBS' LiABILI T ES TO 02LIcEr, AS EVIDENCED
BY AN AmwAvrr :s1 „ BY AN O ICLR OF TIi&' OwGzz 5m"m, r, PO1tT'Ii TIf E &AwuNT T mN
DUE, PLUS 5% TMREOF, BUT NO LESS i'IIAN S2,%&0% AS AN ArTO "Y'S CC;VYMISSION, Vr 1'H
COSTS (W SL-T;, REIAME OF EiRROR% AND WITHOUT RIGHT OF APPEAL. IF A COPY HRREOF,
VEIIJMD BY AN AMDAV t'I , SMALL HAVE BAN FILED IN SAID PROCREDYNG, T SHALL NOT BE
NECESSARY TO MIX THE ORIGINAL AS A WARRANT OF ATTORNEY. T IIE X11kIDERSIGNED wAivzs
TTY RIGHT TO ANY STA'B' GAF EXECUTION AND TIM BENEFIT OF ALL EX MPTION LAWS NOSY OR
.iIiEAFTER D UTW'R No SINGLE EXERCISE OF 'THE FOREGOING WARRANT iND POWER TO
CONFESS.'FUDGb M f MALL BE 318&:1tM TO EXHAUST THE POWER WRET3TZER OR NOT ANY SUCH
EXERCISE SMALL HE BEz.D BY ANY COUIrr TO BE INVALID, VOLDABLZ„ OR VO ru, BUT 71M POWER
S-¢IALL CONTINUE U10 U41 NISEW AND MAY BE E.TBRCISED FROM T12W, TO'T'EM:; jhS OFTEN AS
THE OBLIGEE SHALL RJAE(T UNTIL ALL SUMS PAYABLE OR THAT'r9AY BECOME FA`l.ABLE BY
TRZ UNDERI SIGN (ED HAIM SEEN PAM IN FUI.I..
10. _ O 3L BROOAT10-N - Undersigned absolutely waives &n. anc all right of
subrogation to the tirigits of Obligee upon partial payrment or performance urdr- the provisions of
this Agrewnent, and Undersigned small have no right to, nor shall Undersigned demand,
assignment of any f& Obligee's rights against Principal Debtor in the event of partial payment or
pmformance by l: c t' migned under the provisions hcre*t until such time as all of zrincipal
Debtors' Obligations to Obligee are paid and/or performed in full.
12. 01 ? GIT &tTt> 8 - A subsequent guaranty by *,c ljn& ,mgnod or any
other guarantor of the, e Principal Debtors' Liabilities to Obligee shall not be dce med to be in lien
of or to supersede or terminate ths Guaranty, but shall be construed as an addi ?i• nal. or
supplementary guaranty unless otherwise expressly provided therein, and in the e`,,mt the
Undersigned or any othe- guarantor has given to the Obligee a previous gueIty o guaranties,
this Guaranty shall be construed to be an additional or supplementary guarenr a;w: not to be in
lieu thereof or to mon, iaste such previous guaranty or guaranties unless expr estly so provided
herein.
12. kfiSCELLA'NLOUb - If the Undersigned consists of more diEn one perrso-.4
such persons shall be jointly and severally liable hereunder. This Guaranty sWl rrjre to the
benefit of the Obii;w, its successors, assigns, endorsees, and any parson or persons, including
any banking insdfunon or institutior% to whom the Obligee may grant any interer. in the
Princival Debtors, t,iab=Lines to Obligee or any of them, and shall be binding upon Ow
undersigned emd. the Undersipe&s executors, admiais?trators, successors, asxa and other legal
representatives. .rhc undersiped intends this to be a sealed instutnent and to be legally bound
hereby. All issues'xising hereunder shall be governed by the law of Pennsy#vaiim. and the
performance ofall !t? Irmmder shall be demned to occur in Pennsylvania.
13. DWIMM MFR SEAL - Tbis is a contract under.,%ml and may be
enforced under 42 Pa.C.S. §551-9(B)
IN WI SS WX-P,!OF, the undersigned have executed this Agrecm r . this ! " day
of August, 2008, for ve!aable consideration and intending to be legally brand lle-mby.
1 ",
1-4?, (SEAL)
ASHISH RANA P
(SEAL)
RAC'HNA PAT-E-1,
mMed General Tide I siffancz Co d.
COMMt ent
SCHEDULE C
Legal Description
ALL THAT CKRTA.A174 tract of land situate in Middlesex Township, Omberland
County, Pennsylvania, more fully bounded and described as follows, to .pit:
RRGHMNG at a point in the southern dedicated right-of-way lire of 'rovirn&hip Route
T-519; thence along thu dividing line between Lot No. I and Lot No. 2on the hereinafter
mentioned Subdivision Plan South 05 degrees 41 minutes 01 second Easix, 278.29 feet to a
point; thence by a curve to the right with a radius of 100.00 feet, a disc-cc e of 12631 feet
to a point; thence ;;x3tinuing along said dividing line between Lot No. 1 and Lot No. 2 on
Wd. Subdivision Plan the following courses and distances: 1) South 66 do ees 41
minutes 12 seconds Wcst, 94.92 foot to a point; 2) by a curve to the left with a radius of
90.00 feel; a distance of 15.71 feet to a point; 3) South 72 degrees 49 nal=es 52 seconds
East, 560.10 feet to a point; thence along land now or formerly of D04,1A Corporation
South 05 degrees 56 6inutes 30 seconds East, 370.55 fact to a point" trance along land
now as formerly of 1An W. and Mnnie M. Otto North 68 degrees 18 n-Arutes 47 seconds
Watt, 1782.16 I t to a point; thence along U.S. Interstate Route 81 the aol lowing courses
and distances: 1) North 75 degrees 23 minutes 49 seconds East, 48.01 fcet to a point 2)
North 78 degm- .s 52 .:rinutes 59 seconds Fast, 47.09 feet to a point 3 Nor h (erroneously
identified as South on the Plan) 86 degrees 18 minutes 01 second as-c. 360.59 feet to a
point; 4)'oy a curve to the left with a radius of 32035 feet, a distances of'436.91 feet to a
point; 5) North 1j dogmas 33 minutes 28 seconds East, 15.43 -feet to a point; thence along
land now o: forma ly of Carlisle Poultry and Fgg Association the foI S Y:rg courses and
distances: 1) Swath 05 degrees 23 minutes 0 seconds East, 179.50 feet :o a point; 2) South
79 degrees 59 minutes 31 seconds Hast, 300.08 feet to a point; 3) Nc, h 05 degrees 39
minutes 31 second West, 303.38 feet to a point; thence. along the southern dedicated
right-of-way of Township Rome T-519 South 79 degrees 42 minutes 31 seconds East;
112.66 feet to 8 p=art; thence along same by a curve to the left with a r thus of 82.00 feet
a distance of 37.06 foct to a point, the Place of BEGINNWG.
COINA ING l 1.7683 aces and being improved with a two story -motcI.
BEING further dwcriboed as Lot No. 1 in the Final Subdivision Plan for Eagle
Development Corp. p. dared by Robert G. Hartman, R.S. dated Fear, w-trY 15, 1985 and
recorded in Cum bland County Plan Book 47, Page, 106.
BEi IlfG ME SAME premises which Glendale Lodging L.P. IV, a 'r''entm;ylvania Limited
Partnership, by it_s deed dated the :rte day of August, 2008 and to be recorded
simultaneously hevnvith, granted and conveyed unto III Hotel group., LC, a
Pennsylvania Linaite i 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.: ??-a1 S (Qp vi I (-erg
*
Plaintiff,
*
V.
*
HI HOTEL GROUP, LLC
1904 Christopher Place
Harrisburg, Pennsylvania 17110
And
SHAILESH PATEL
22 Arverne Court
Timonium, Maryland 21093
And
BHAVNABEN S. PATEL
22 Arverne Court
Timonium, Maryland 21093
And
ASHISH RANA
5 Morris Drive
Glen Mills, Pennsylvania 19342
And
RACHANA PATEL
5 Morris Drive
Glen Mills, Pennsylvania 19342
Defendants.
* * * * *
*
*
*
*
*
*
*
*
*
*
*
*
*
*
C7 t-.) (711
cx3
Cn
n --4 c.?
--? to b
* * * *
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. HI Hotel Group, LLC, 1904 Christopher Place, Harrisburg, Pennsylvania 17110,
Shailesh Patel, 22 Arverne Court, Timonium, Maryland 21093, Bhavnaben S. Patel, 22 Arverne
Court, Timonium, Maryland 21093, Ashish Rana, 5 Morris Drive, Glen Mills, Pennsylvania 19342
and Rachana Patel, 5 Morris Drive, Glen Mills, Pennsylvania 19342 (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: February" ; 2011
C. e Fleury, V
.- a
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.: _
of t CrINk
*
Plaintiff,
*
V.
*
HI HOTEL GROUP, LLC
1904 Christopher Place
Harrisburg, Pennsylvania 17110
And * u-= - .. .
FTJ
Fri
SHAILESH PATEL * cnr ?C
,
22 Arverne Court
r
Timonium, Maryland 21093
* > o
-n
-ri
CO
mac,
c
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-- ?_c>
°M
And * ' Cn
BHAVNABEN S.PATEL
22 Arverne Court
Timonium, Maryland 21093
And
ASHISH RANA
5 Morris Drive
Glen Mills, Pennsylvania 19342
And
RACHANA PATEL
5 Morris Drive
Glen Mills, Pennsylvania 19342
Defendants.
* * * * * * * * * * * * *
NOTICE UNDER RULE 2958.2
OF JUDGMENT AND EXECUTION THEREON
To: HI Hotel Group, LLC
A judgment in the amount of $3,039,109.42, 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
1450 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.
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
P-,-,A J) AJ c-,^
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
United Genes T hie Insiff cc Cow tit
cow era
SCHEDULE C
Legal Description
ALL THAT C1' RTA tract of land situate in Middlesex Township, O?mberiand
County, Pennsylvania, more fully bounded and described as follows, to wi :
BEGIN NC at a point in the southern dedicated right-of-way lire o 'rov lip Route
T-519; thence alcrq the dividing tine between Lot No, 1 and Lot No. ton the hereinafter
menaored Subdivision Plan South 05 degrees 41 minutes 01 second Ewsx, 278.29 feet to a
point; thence by a curve to the right with a radius of 100.00 feet, a discance of 12631 feet
to a point; thence rant hnuing along said dividing line between Lot No. 1 mac. Lot No. 2 on
said.Subdivision ?1an the following courses and distances: 1) South 66 do- ees 41
minutes 12 seconds West, 94.92 fret to a point' 2) by a curve to the left with a radius of
90.00 feet; a distance of 15.71 feet to a point; 3) South 72 degrees 48 --,?u€es 52 seconds
East, 560. to feet to a paint; thence along ,land now or formctly of DO-tAA Corporation
South 05 degrees 56 minutes 30 seconds East, 370.55 fact to a point; thence along land
now o= formerly` off] alm W. and Minnie M. Otte North 68 degrees IS r irutes 47 seconds
WcA, 1782.16 fit to a point; thence along U.S. Interstate Route 81 the fol lowing courses
and distances: 1) ,46rth 75 degrees 23 minutes 49 seconds East, 48.01 feat * a point 2)
Norhh 78 degrres 5 m. ,inutes 59 seconds Fmt, 47.09 feet to apoint ?) NO n (N erroneously
identified as Sotto on the Plan) 86 degrees 18 minutes 01 second as-E. 36:.59 feet to a
point; 4) by a clm,c to the left with a radius of 320.35 feet, a distance oF436.91 feet to a
point; 5) North 15 degrms 33 minutes 28 seconds East, 15.43 eet to a point, thence along
land now or for-me:_iy efCarlisle Poultry and Egg Association the follo tiirg courses and
distances: 1) So:Ah 05 degrees 23 minutes 0 seconds East, 179.50 feet .o a point; 2) South
79 degrees 59 mimics 31 seconds Fast, 300.08 The to a point; 3) Nmm ? 05 degrees 39
minutes 31 second West, 303.38 feet to a point; thence along the southern dedicaied
right-of-way of owns'•up Route T-519 South 79 degrees 42 minutes 31 swonds cast,
112.66 feet to a poln?t; thence along same by a curve to the left with a radius of 82.00 feet
a distance of 3 7.05 feet to a point, the Place of BEGINNING.
CONTAINING 11.7683 acres and being improved with a two story Zt49wl,
BEING further described as Lot No. 1 in the Final Subdivision Plan fci Beagle
Development Co . 7,cpwed by Robert G. Hartman, R.S. dated Fels wtry 15, 1485 and
recorded in Cur"""land County Plan Book 47, Page 106.
REING ME SAME premises which Glendale Lodging L.P. IV, s PffirV. lvaniz Limited
Partnership, by its deed dated the : 0-11 day of August, 2008 and to be recorded
simultaneously heath, granted and conveyed unto h Hotel Group., ,Lc, a
Pennsylvania Lirnitod, Liability Company, MORTGAGOR herein.
'- ? 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 (- 5 u 15 C 1 H ( Term
*
Plaintiff,
*
V.
HI HOTEL GROUP, LLC
1904 Christopher Place
Harrisburg, Pennsylvania 17110
And
SHAILESH PATEL
22 Arverne Court
Timonium, Maryland 21093
And
BHAVNABEN S. PATEL
22 Arverne Court
Timonium, Maryland 21093
And
ASHISH RANA
5 Morris Drive
Glen Mills, Pennsylvania 19342
And
RACHANA PATEL
5 Morris Drive
Glen Mills, Pennsylvania 19342
Defendants.
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=M
;
-
s
r rte:
W I 3 L;
Y- y
T T T T T T T T T T T T T T
NOTICE PURSUANT TO RULE 236
To: Ashish Rana and Rachna 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.
"Ia4z ? .k t
Prothonotary, Cumberland County County
2
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.: U 455 0 eio % T-&PA
*
Plaintiff,
*
V.
*
HI HOTEL GROUP, LLC
1904 Christopher Place
Harrisburg, Pennsylvania 17110
And
SHAILESH PATEL
22 Arverne Court
Timonium, Maryland 21093
And
BHAVNABEN S. PATEL
22 Arverne Court
Timonium, Maryland 21093
And
ASHISH RANA
5 Morris Drive
Glen Mills, Pennsylvania 19342
And
RACHANA PATEL
5 Morris Drive
Glen Mills, Pennsylvania 19342
Defendants.
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4? ha9
C:)
O C-)
MC
U11
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NOTICE PURSUANT TO RULE 236
To: Shailesh Patel and Bhavnaben S. 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.
7 U -
Prothonotary, Cumberland County County
2
A
% 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.: 6(h'
*
Plaintiff,
*
V.
HI HOTEL GROUP, LLC
1904 Christopher Place
Harrisburg, Pennsylvania 17110
And
SHAILESH PATEL
22 Arverne Court
Timonium, Maryland 21093
And
BHAVNABEN S. PATEL
22 Arverne Court
Timonium, Maryland 21093
And
ASHISH RANA
5 Morris Drive
Glen Mills, Pennsylvania 19342
And
RACHANAPATEL
5 Morris Drive
Glen Mills, Pennsylvania 19342
Defendants.
*
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s i
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NOTICE PURSUANT TO RULE 236
To: HI 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.
1
Prothonotary, Cumberland County County
2
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NOII-2560 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 HI HOTEL GROUP, LLC, SHAILESH PATEL, BHAVNABEN S. PATEL, ASHISH
RANA, AND RACHANA 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$ a, 98(0, yq9.S1 3 L.L.
Interest $50,202.21
Atty's Comm % Due Prothy $2.00
Atty Paid $82.00 Other Costs LATE CHARGES - $2,408.98
Plaintiff Paid PER DIEM - $551.67
Date: 311111
]a'Wy?
David D. Bu 1, Prothonotary
(Seal)
Deputy
REQUESTING 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
MANNA BANK
-r-in-Interest to
1EHANNA BANK, PA.
V.
ernational Drive CIVIL DIVISION
Valley, Maryland 21030 Case No.: -TeoK
*
Plaintiff,
*
*
HI HOTEL GROUP, LLC
1904 Christopher Place
Harrisburg, Pennsylvania 17110 - -- u
? am
L7 P--
7J :?
And * ?
r
f c?
SHAILESH PATEL * ° e°
22 Arverne Court =C:)
Timonium, Maryland 21093 * crt
And
BHAVNABEN S. PATEL * a
22 Arverne Court IdLl.00 ?d
Timonium, Maryland 21093 * 1 So C13P
0?•
* 1 t.? • op " "
And 1 y. 001 if
ASHISH RANA
5 Morris Drive
Glen Mills, Pennsylvania 19342
And
RACHANA PATEL
5 Morris Drive
Glen Mills, Pennsylvania 19342 * ?r
? a•b Off ue
Defendants. * . SO4L?
* * * * * * * * * * * * * *
Wn c4 ?? TSSt(egl
PRAECIPE FOR WRIT OF EXECUTION
To the Prothonotary of Cumberland County, Pennsylvania:
Issue Writ of Execution in the above matter on the follow'
mg described real
property:
The Real Property owned by HI Hotel Group, LLC and en
known as 1450 Harrisburg Pike, Carlisle, Pennsylvania 17015 as i g erally
particularly described on Exhibit A attached hereto and inco por e
reference herein. r ated by
AMOUNT DUE AS OF FEBRUARY 11, 2011:
Principal
Interest
Late Charges
Per Diem
Total
Dated: February, 28, 2011
$551.67
$2,986,498.23
$ 50,202.21
$ 2,408.98
$3,039,109.42
cl?
Michael D. Nord, Esqu
ire
Pennsylvania Bar No. 52486
Gebhardt & Smith LLP
One South Street, Suite 2200
Baltimore, Maryland 21202-3281
(410) 385-5072
Counsel for Susquehanna Bank
2
I rr ted G Brat Tale Ins 'tee ConTany
comn€ ent
SCIIEDULE C
Legal Description
ALL THAT CERTAIN tract of land situate in Middlesex Township, C arberiand
County, Pcnnsylvxda, 7aore fully bounded and described as follows, to wit:
BEGMM at a point in the southern dedicated right-of-way lire of'fo-w tip Route
T-519; thence along the dividing line between Lot No.1 and Lot No. ton the hereinafter
mentioned Subdivision Plan South 05 degrees 41 minutes 01 second Ea,€., 278.29 feet to a
point; thence by a cur%A-. to the right with a radius of 100.00 feet, a disraece of 126.31 feet
to a point; thence cmiti?uing along said dividing line between Lot No. 1 and Lot No. 2 on
said. Subdivision ?lan The following courses and distances: l) South 66 degees 41
minutes 12 second, West, 94.92 fbct to a point; 2) by a curve to the left with a radius of
90.00 feet; a distance of 15.71 feet to a point; 3) South 72 degrees 48. mutes 52 seconds
East, 560.10 feet to a point; thence along land now or formerly of DO-NIA Corporation
South 05 degrees 56 minutes 30 seconds East, 370.55 feet to a point; thence along land
now or formerly of3-aim W. and Nfinnie M. Otto North 68 degrees 18 mir:utes 47 seeds
Walt, 1782.16 feet to a point; thence along U.S. Interstate Route 81 the aol lowing courses
and distancos; 1) ?-46rth 75 degrees 23 minutes 49 seconds East, 48.01 feet to a point 2)
Norte 78 degrees 52.arinutes 59 seconds nest, 47.09 feet to apoint 3; N ort (erroneously
identified as South on the Plan) 86 degrees 18 minutes 01 second lase. 369.59 feet to a
point; 4) by a c.1m c to the left with a radius of 32035 feet; a distance or4365.91 feet to a
point; 5) North 13 degrees 33 minutes 28 seconds East, 15.43 feet to a poirt; thence along
land now or fo mtzly of Carlisle Poultry and Egg Association the fol o.wing courses and
distances: 1) Soul-} 05 degrees 23 minutes 0 seconds East, 179.50 feet to a point; 2) South
79 degrees 59 minutes 31 seconds bast, 300.08 feet to a point; 3) Nev?, 05 dcgrees 39
minutes 31 second: West, 303.38 feet to a point; thence along the south ern dedicated
right-of-way of Towns!up Route T-519 South 79 degrees 42 minutes 3 ? swonnds East
112.66 fed to a ptaln:; themec along same by a curve to the left with a radius of 82.00 feet
a distance of 37.061 feet to a point, the Place of 13EGINNMG.
CONTAINING x 1.7683 acres and being improved with a two story zmvtcl.
BEING further described as Lot No. 1 in the Final Subdivision Plan fcY Eagle
Development Con p: Bred by Robert G. Hartman, R.S. dated Fete tau.-rY 15, 1985 and
recorded in Cum'; eland County Plan Book 47, Pagc 106.
BEING TIDE SAME premises which Glendale Lodging L.P. TV, s 'erin?:ylvaniz Limited
Partnership, by its-. steed dated the day of August, 2008 and to be recorded
simultaneously hwrmvtth, granted an conveyed unto H1 Hotel Group., ,LC, a
Pennsylvania Lirnite.di Liability Company, MOR"fC1AGOR 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.:
*
Plaintiff,
*
V.
*
HI HOTEL GROUP, LLC
1904 Christopher Place
Harrisburg, Pennsylvania 17110
And
SHAILESH PATEL
22 Arverne Court
Timonium, Maryland 21093
And
BHAVNABEN S. PATEL
22 Arverne Court
Timonium, Maryland 21093
And
ASHISH RANA
5 Morris Drive
Glen Mills, Pennsylvania 19342
And
RACHANA PATEL
5 Morris Drive
Glen Mills, Pennsylvania 19342
Defendants.
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1 9 ^'
r M
70
c7
T? CD
Zp
c?.D M
„? cra D
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I- -A
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 1450
Harrisburg Pike, Carlisle, Pennsylvania 17015.
Property is more particularly described in Exhibit "A" attached hereto.
Name and address of owner(s) or reputed owner(s):
HI HOTEL GROUP, LLC
1904 Christopher Place
Harrisburg, Pennsylvania 17110
2. Names and address of the Defendant in the judgment:
HI HOTEL GROUP, LLC
1904 Christopher Place
Harrisburg, Pennsylvania 17110
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:
Name: C e Fleury
Title: Assistant Vic resident
3
United Gensler T hie Insiffance CaMpy
COMNit
SCHEDULE C
Legal Description
ALL 'HAT CERTA 4 tract of land situate in Middlesex Township, t: mm uerland
County, Pennsylvania, more fully bounded and described as follows, to wit:
BEGIIWEqG at a point in the southern dedicatcd right-of-way line of Tawn iip Route
T-519; thence aids she dividing tine between Lot No. I and Lot No. ,'on the hereinafter
mentioned Subdivision Plan South 05 degrees 41 minutes 01 second EmT, 278.29 feet to a
point; thence by a curve to the right with a radius o€100.00 feet, a dfsracce of 12631 feet
to a point; thence ronti*nuing along said dividing line between Lot No. 1 and Lot No. 2 on
said.Subdivision flan -&e following courses and distances: 1) South 66 do?.:ees 41
minutes 12 seconds West, 94.92 ket to a point; 2) by a cwve to the left with a radius of
90.00 feel; a distance of 15.71 feet to a point; 3) South 72 degrees 48. nai=es 52 seconds
East, 560.10 feet to a point; thence along land now or formerly of DO-NIA Corporation
South 05 degrees 56 niinutes 30 seconds East, 370.55 fact to a point; tlcance along land
now ar formerly of IAn W. and Nfinnie M. Otto North 68 degrees 18 r irtites 47 seconds
West, 1782.16 f=t to a point; thence along. U.S. Interstate Route 81 the aol lowing courscs
and distances.; 1) North 75 degrees 23 minutes 49 seconds East, 48.01 feet to, a point 2)
Norte 78 degrr?,s 52 minutes 59 seconds 1?.ast, 47.09 feet to apoint 3) Nor:. (erroneously
identified as SGUW on the flan) 86 degrees 18 minutes 01 second ;rase 36:.59 tent to a
point; 4) by a cwvc to the left with a radius of 32035 feet, a distance, oF436.91 feet to a
point; 5) North 13 degrees 33 minutes 28 seconds East, 15.43 _eet to a tint; thence along
land now a fount ly of Carlisle Poultry and Egg Association the folloiY:rg courses and
distances: 1) Soatl 05 degrees 23 minutes 0 seconds East, 179.50 feet :o a point; 2) South
79 degrees 59 mhiu:tes 31 seconds Fast, 300.08 feet to a point; 3) Nlwth 05 degrees, 39
minutes 31 seconds West, 303.38 feet to a point; thence along the souf.h ern dedicated
right-of-way of Township Rout's T-519 South 79 degrees 42 minutes 3 ? seconds Taste
112.66 fret to 8 point- thence along same by a curve to the ic#t with a radim of 82.00 feet
a distance of 37.06 feet to a point, the Place of BEGINNWG.
C OWAINI1'+ G 11.7683 aces and being improved with a two story motel.
B:EMI G further aworf'oed as Lot No. 1 in the Final Subdivision Plar, fce Eagle
Development Corp. ympared by Robert G. Hartman, R.S. dated Fetrw ??-y -15,1985 and
recorded in Cumb6-land County Plan Book 47, Page, 106.
BEWG ME SAME premises which Glendale Lodging L.P. IV, a llummylvanfa Limited
Partnership, by it_-, deed dated the , V161 day of August, 2008 and to be recorded
simultaneously herewith, granted conveyed unto H1 Hotel Group., ,LC, a
Pennsylvania Limited Liability Company, MOR'MAGOR herein.
9. w
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.
*
HI HOTEL GROUP, LLC
1904 Christopher Place
Harrisburg, Pennsylvania 17110
rn
.
r"__
rn
And * t o `;'
ca
°
SHAILESH PATEL * o =F3
II Arverne Court
-- c
--
°
Timonium, Maryland 21093 cn
w
And
BHAVNABEN S. PATEL
11 Arverne Court
Timonium, Maryland 21093
And
ASHISH RANA
5 Morris Drive
Glen Mills, Pennsylvania 19342
And
RACHANA PATEL
5 Morris Drive
Glen Mills, Pennsylvania 19342
Defendants.
* * * * * * * * * * * * *
* w
NOTICE UNDER RULE 3129.2
OF SALE OF REAL PROPERTY
To: HI Hotel Group, LLC
The Real Property generally known as 1450 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
$3,039,109.42.
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.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THESE
OFFICES MAY BE ABLE TO PROVIDE YOU WITH
INFORMATION ABOUT AGENCIES THAT MAY OFFER
2
AN,
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 /\-) C/A
ichael 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
..
L i ted Genes Title Ins ce Ca is
cammi nt
SCIIEDULE C
Legal Description
ALL THAT CKRTA.M fact of land situate in Middlesex Township, 0.w-oeriand
County, Pennsytlv3nia, more fully bounded and described as follows, to :vit:
BEG MG at a point in the southern dedicated right-of-way line o "'1 awn& ip Rouse
T-519; thence along the dividing tine between Lot No.1 and Lot No. ton the, hereinafter
mentioned Subdivision Plan South 05 degrees 41 minutes 01 second Emir, 278.29 feel to a
point; thence by a curve to the right with a radius of 100.00 feet, a distacce of 126.31 feet
to a point; thence continuing along said dividing line between Lot No. 1 and Lot No. ? on
said. Subdivision Plan The following courses and distances: 1) South 66 do-gees 41
minutes 12 seconds West, 94.92 feet to a point; 2) by a curve to the left w rh a radius of
90.00 feet, a distance or 15.71 feet to a point; 3) South 72 degrees 48. a wes 52 seconds
East, 560.10 feet to a point; thence along ,land now or formerly of DO-NIA Corporation
South 05 degrees 56 minutes 30 seconds East, 370.55 feet to a point, thence along land
now o= formerly of Ialm W. and Mnnie M. Otto North 68 degrees 18 minutes 47 seconds
West, 1782.16 feri to a point; thence along U.S. Interstate Route 81 the ;ollowi tg courses
and distancos: 1) firth 75 degrees 23 minutes 49 seconds East, 48.01 feat to a point 2)
Northh 78 degrr:cs 52 minutes 59 seconds 133ast, 47.09 feet to a point 3) 'No h (erroneously
identified as South on the Plan) 86 degrees 18 minutes 01 second lane. 361:.59 fevt to a
point; 4) by a can c w the fell with a radius of 32035 feet, a distances of"43:.91 feet to a
point; 5) North 13 degrees 33 minutes 28 seconds East, 15.43 feet to a point; thence along
land now or fo:mc_ly of Carlisle Poultry and Egg Association the foI`kn'- ing courses and
distances: 1) So th 05 degrees 23 minutes 0 seconds East, 179.50 feet o a point; 2) South
79 degrees 59 minus es 31 seconds East, 300.08 feet to a point; 3) Nc-,-J? Vv dcgmes 39
minutes 31 seconds West, 303.38 feet to a point; thence. along the southern dedicated
right-of-way of'I' hip Route T-519 South 79 degrees 42 minutes 3 ? swords Tas
112.66 foot to a palm; thence along same by a curve to the left with a radius of 82.00 feet
a distance of 37.06 foet to a point, the Place of BEG1NNM.
CONTA G 11.7683 acres and being improved with a two story -riotc.1.
BRIG further dusori'oed as Lot No. 1 in the Final Subdivision Plan fu Eagle
Development Corp. prepared by Robert G. Hartman, R.S. dated Feb;w:sy 15, 1985 and
recorded in Cumtvrland County Plan Book 47, Page 106.
BEING THE SAME premises which Glendale Lodging L.P. IV, u RCIAM:ylvania Limited
Partnership, by its deev;I dated the V I V day of August, 2008 and to be recorded
simultaneously hemvn th, grauWd an conveyed unto 1 Hotel Group, LLC, a
Pennsylvania Limited Lia 6itity Company, MORTGAGOR herein.
a
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
O THE PROTHONOTARY
Attorney for Defendants,
HI Hotel Group, LLC 2011 APR -4 AM 11: 05
Shailesh Patel
tdTl'
Bhavnaben S. Patel PENNSYLVANIA
Ashish Rana
Rachana Patel
SUSQUEHANNA BANK, PA
Plaintiff,
V.
HI HOTEL GROUP, LLC and
SHAILESH PATEL and
BHAVNABEN S. PATEL, and
ASHISH RANA, and
RACHNA PATEL
: IN THE COURT OF COMMON
: PLEAS OF CUMBERLAND COUNTY,
: PENNSYLVANIA
: NO.: 11-2560
Defendants
DEFENDANTS' PETITION TO OPEN AND/OR STRIKE CONFESSED JUDGMENT
Defendants, HI Hotel Group, LLC, Shailesh Patel, Bhavnaben S. Patel, Ashish Rana, and
Rachana 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:
On or about March 1, 2011, Susquehanna Bank filed a Complaint in Confession
of Judgment against HI Hotel Group, LLC in the principal amount of $2,986,498.23 plus interest
at the per diem Interest Rate of $551.67 to February 28, 2011 in the amount of $50,202.21 plus
late charges in the amount of $2,408.98 for a total amount of $3,039,109.42; against Shailesh
Patel and Bhavnaben S. Patel ("S&B Patel") in the principal amount of $2,750,000.00 plus
interest at the per diem Interest Rate of $551.67 to February 28, 2011 in the amount of
$50,202.21 for a total amount of $2,800,202.21; against Ashish Rana and Rachana Patel
("A&R") in the principal amount of $675,000.00 plus interest at the per diem Interest Rate of
$551.67 to February 28, 2011 in the amount of $50,202.21 for a total amount of $725,202.21.
See Susquehanna's Complaint at Paragraphs 9, 19 and 29 respectively.
2. On or about March 8, 2011, a Notice Under Rule 2958.1 of Judgment and
Execution Thereon (the "Notice"), was served upon S&B Patel. On or about March 7, 2011, a
Notice Under Rule 2958.1 of Judgment and Execution Thereon (the "Notice"), was served upon
A&R.
3. Susquehanna contends that an Event of Default has occurred under the terms of
that certain Commercial Loan, Guaranty and Suretyship Agreement 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 4, 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 Mme, 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 u-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 9 in Count I against HI Hotel Group, LLC,
Paragraph 19 in Count II against S&B, Paragraph 29 in Count III against A&R of its Complaint,
the approximate amounts respectively 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.
17. Defendant Rachana Patel further avers that the Judgment against her be stricken
because she did not sign the confession of judgment. She did not give explicit or implicit
authority to anyone to sign on her behalf.
18. 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,
236.47.
b. Plaintiff breached its obligation of good faith and fair dealing by
failing to release the Escrow Funds.
4
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.
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.
19. 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.
20. 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.
21. 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.
5
22. 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.
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
6
Respectfully submitted:
Rachana M. P tel, Esquire P.C.
r
Rachana M. Patel, Esquire
950 Haverford Rd, Suite 200
Bryn Mawr, PA 19010
484-919-1752
610-527-5884 (fax)
Attorney for Defendants
4 r
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
01F THE PROTHONOTARY
Attorney for Defendants
HI Hotel Group, LLC 7011 APR -4 AM 11: OS
Shailesh Patel CUMBERLAND COUNTY
Bhavnaben S. Patel PENNSYLVANIA
Ashish Rana
Rachana Patel
SUSQUEHANNA BANK, PA
: IN THE COURT OF COMMON
: PLEAS OF CUMBERLAND COUNTY,
: PENNSYLVANIA
Plaintiff,
V.
: NO.: 11-2560
HI HOTEL GROUP, LLC and
SHAILESH PATEL and
BHAVNABEN S. PATEL, and
ASHISH RANA, and
RACHANA 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 for Plaintiff
17
Dated: RACHAN . PATEL, ESQUIRE, P.C.
BY: C//
'I P
Rachana atel, Esquire
950 Haverford Rd., Suite 200
Bryn Mawr, PA 19010
(484) 919 - 1752
(610) 527-5884
Attorney for Defendants
18
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
OF T14E P OTHONOTARY
Attorney for Defendants,
HI Hotel Group, LLC 2011 APR -4 AM 11: 05
Shailesh Patel
Bhavnaben S. Patel CUMBERLAND COUNTY Ashish Rana PENNSYLVANIA
Rachana Patel
SUSQUEHANNA BANK, PA
: IN THE COURT OF COMMON
: PLEAS OF CUMBERLAND COUNTY,
: PENNSYLVANIA
Plaintiff,
V.
: NO.: 11-2560
HI HOTEL GROUP, LLC and
SHAILESH PATEL and
BHAVNABEN S. PATEL, and
ASHISH RANA, and
RACHANA PATEL
Defendants
CERTIFICATE OF SERVICE
I, Rachana Patel, hereby certify that on this 4th 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 Plaintiff
19
Dated: ?,+f (r RACH 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
20
SUSQUEHANNA BANK, PA
PLAINTIFF
V.
HI HOTEL GROUP, LLC, AND
SHAILESH PATEL AND
BHAVNABEN S. PATEL
AND ASHISH RANA, AND
RACHANA PATEL,
DEFENDANTS
IN THE COURT OF COMMON PLEAS Qi ,`,,
CUMBERLAND COUNTY, PENNSYLIA°
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NO. 11-265a9 CIVIL
IN RE: DEFENDANTS' PETITION TO OPEN AND/OR STRIKE CONFESSED
JUDGMENT
ORDER OF COURT
AND NOW, this 27th day of April, 2011, upon consideration of the Defendants
Petition to Open and/or Strike Confessed Judgment,
IT IS HEREBY ORDERED AND DIRECTED that:
1. A Rule is issued upon the Plaintiff to show cause why the Petitioner is not
entitled to the relief requested;
2. The Plaintiff shall file an Answer to the Petition within 20 days of service upon
the Plaintiff;
3. The Petition shall be decided under Pa.R.C.P. No. 206.7;
4. Depositions shall be completed within forty-five (45) days of the service upon
Petitioner of the Answer to the Petition;
5. Notice of the entry of this Order shall be provided to all parties by the
Petitioner;
A
6. Oral Argument in this matter, if requested by either party, shall be held on
Friday, August 5, 2011, at 9:00 a.m. in Courtroom No. 2 of the Cumberland County
Courthouse, Carlisle, Pennsylvania.
By the Court,
Michael Nord, Esquire
Attorney for Plaintiff
Rachana M. Patel, Esquire
Attorney for Defendants
M. L. Ebert, Jr., J.
eDpies M
41,21)11
ub
bas
r
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.: 11-2560
*
Plaintiff,
*
V.
HI HOTEL GROUP, LLC
1904 Christopher Place
Harrisburg, Pennsylvania 17110
And
SHAILESH PATEL
11 Arverne Court
Timonium, Maryland 21093
And
BHAVNABEN S. PATEL
11 Arverne Court
Timonium, Maryland 21093
And
ASHISH RANA
5 Morris Drive
Glen Mills, Pennsylvania 19342
And
RACHANA PATEL
5 Morris Drive
Glen Mills, Pennsylvania 19342
Defendants.
* * * * *
*
*
*
*
*
*
*
*
*
*
*
*
*
*
* * * * *
c ?
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c:u --
* * *
AFFIDAVIT OF SERVICE OF
NOTICE REQUIRED UNDER RULE 3129.2
I, Michael D. Nord, declare under the penalties of perjury, that the following statements are
true, accurate and correct.
I. In accordance with P.R.C., Rule 3129.2, on June 3, 2011, I 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.
/?nA)O"-?
Michael D. Nord
ACKNOWLEDGEMENT
STATE OF MARYLAND )
TO WIT:
CITY OF BALTIMORE )
I HEREBY CERTIFY that, on this L,_, 1, slay 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
declared and acknowledged under oath, subject to the penalties of perjury, that the matters set forth
herein are true, accurate and complete.
2
IN WITNESS, my hand and Notarial seal.
??'.•,?P,R Y • •'?,s
,?'•0
V,
np1111W My commission exj
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.: 11-2560
*
Plaintiff,
*
V.
*
HI HOTEL GROUP, LLC
1904 Christopher Place
Harrisburg, Pennsylvania 17110
And
SHAILESH PATEL
11 Arverne Court
Timonium, Maryland 21093
And
BHAVNABEN S. PATEL
11 Arverne Court
Timonium, Maryland 21093
And
ASHISH RANA
5 Morris Drive
Glen Mills, Pennsylvania 19342
And
RACHANA PATEL
5 Morris Drive
Glen Mills, Pennsylvania 19342
Defendants.
* * * * * * * * * * * * *
EXHIBIT A
NOTICE UNDER RULE 3129.2
OF SALE OF REAL PROPERTY
To: HI Hotel Group, LLC
The Real Property generally known as 1450 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 HI Hotel
Group, LLC entered in the Court of Common Pleas for Cumberland County in the amount of
$3,039,109.42.
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.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THESE
OFFICES MAY BE ABLE TO PROVIDE YOU WITH
INFORMATION ABOUT AGENCIES THAT MAY OFFER
2
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
EXHIBIT A
UnUpd Gemvat Ti< a Insura a Cd y
COMMUMI-Int
SCHEDULEC
LegatDetctiption
ALL TW_T CERTA tract of land situate in Middlesex Township, Cumberland
County, Pennsy wsnia, Snore fully bounded and described as follows, to yvitr.
DEGIT4MG at a.paiztt in the southern dedicated right-of-way lire of '€ vv tip Rout,
T-519; thence along: u dividing tine between Lot No.1 and Lot No. ton the hereinafter
mentioned Subddi-visiodn -Plan South 05 degrees 41 minutes 01 second Eaat, 278.29 feet to a
point; thence by a curve. to the right with a radius of 100.00 feet, a disWce of 12631 feet
to a point; thence oxitbOng along said dividing line between Lot No. 1 and Lot No. 2 on
said.Subdivision'Plan. the following courses and distances: l) South 66 de8,;ees 41
minutes 12 seconds West, 94.92 fret to a point; 2) by a curve to the left with a radius of
96,60 feet, a distnce of 15.71 feet to a point; 3) South 72 degrees 48 rniautes 52 seconds
East, 560.10 feet to a paint; thence along :land now or formerly of D£!-b A Corporation
South 05 dctrees 56 riinu'res 30 seconds Last, 370.55 fact to a point; thence along land
now or formtr1ro" zohn W. and Minnie K Otto North 68 degrees 18 mfrtltcs 47 'seeds
West, 178Z.161e, to a point; thence along U.S. Interstate Route 81 the foiicF.wing courses
and distancos:1) North 73. degrees 23 minutes 49 seconds East, 48.01 fmt to a point 2)
North 78 degr m 52 minutes 59 seconds Eas# 47.09 feet to a point 3) North (erroneously
Identified as Suu on the flan) 86 degrees 18 minutes 01 second East 360.59 feet iv a
point; 4) by a cone to the loft with a radius of 320.35 feet, a distance oF"436.91 feet to a
point; 5) North 13 degrees 33 minutes 28 seconds East, 15.43 feet to a point; thence along
land now or fcn-m :rly of Carlisle Poultry and Egg: Association the foll?rxing courses and
distasrim: 1) Sc,*h 05 degrees 23 minutes 0 seconds East, 179.50 feet to a point; 2) South
79 degrees 59 mirivies 31 seconds Fast, 300.08 feet to a point; 3) N th 35 drgroes 39
minutes 31 secondl3 West, 303.38 fort to a point; thence along the southern dedicated
right-of-way ofI own hip Route T-519 South 79 degrees 42 mintates 31 seconds East;
112.66 feet to a Pnzst*; thence along same by a curve to the left with a radius of 82.00 feet
a distance of 37.176 fleet to a point, the Place of BEGINNING.
CONTA1NIN r 1.1.7683 acres and being improved with a two storyzmtcl.
BEING further described as Lot No. 1 in the Final Subdivision Plan fcc Eagle
Development Corp. eared by Robert G. Hartman, RS, dated Februmry 15, 1985 and
recorded in Cum.and County Plan Book 47, Page. 106.
.,EWG' M+ SAME remises which Wendaie Lodging L.P. 1V, 3Fearsylva is Limited
Partnership, by iLs deed dated the day of August, 2008 and to be recorded
simultaneously heire vith, granted an conveyed unto I'Hotel Group, I LC, a
Pennsylvania Lirnited Liability Company, MORTGAGOR herein.
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1*
F /
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.: 11-2560
k
Plaintiff,
*
V.
*
HI HOTEL GROUP, LLC
1904 Christopher Place
Harrisburg, Pennsylvania 17110
And
SHAILESH PATEL
22 Arverne Court
Timonium, Maryland 21093
And
BHAVNABEN S. PATEL
22 Arverne Court
Timonium, Maryland 21093
And
ASHISH RANA
5 Morris Drive
Glen Mills, Pennsylvania 19342
And
RACHANA PATEL
5 Morris Drive
Glen Mills, Pennsylvania 19342
Defendants.
* * * * *
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
* * * * *
c ? -n
cv
rr,
' c
r- rn
* * *
%k I%
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 1450
Harrisburg Pike, Carlisle, Pennsylvania 17015.
Property is more particularly described in Exhibit "A" attached hereto.
Name and address of owner(s) or reputed owner(s):
HI HOTEL GROUP, LLC
1904 Christopher Place
Harrisburg, Pennsylvania 17110
2. Names and address of the Defendant in the judgment:
HI 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
% 0
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 Arverne Court
Timonium, Maryland 21093
And
ASHISH RANA
5 Morris Drive
Glen Mills, Pennsylvania 19342
And
RACHANA PATEL
5 Morris Drive
Glen Mills, Pennsylvania 19342
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
3
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: lss;istant Nameleu
Title: V' resident
4
EXHIBIT A
United neat his-man" CoMp y
comewhftnt
SCI4EDULE- C
LegaMescription
ALL TAT c.ERTA .fract of land situate in NEddicsex Township, Cumberland
County, Pcnns)gvania, more fully bounded and described as follows, to wit:
BEGJT4i f Gi at a.poim in the southern dedicated right-of-way lino of Township Rouge
T-519; thence along:thc dividing fume between Lot No. I and Lot No. Zen the hereinafter
mentioned Subdr'iiaidn flan South 05 degrees 41 minutes 01 second Ea:4 278.29 feet to a
point; thence by a curve to the right with a radius of 100.00 feet, a dismace df 12631 feet
to a point; thence mutbuing along said dividing line b"teen Lot No. 1 and Lot'No. 2 on
said.Subdivision'PIV+t the following courses and distances: l} South 66 degrees 41
minute 12 seconds West, 94.92 fcot to a point; 2) by a curve to the lefft with a radius of
900 feet, a disiahce of 15.71 feet to a point; 3) South 72 degrees 48 mutes 52 seconds
East, 560. W fct to a paint; thence along :land now or formerly of DO-MA Corporation
South 05 degrees Sit rninutes 38 seconds Last, 370.55 feet to a point; i.#iance along land
now Or Ib mer1rof3obn W. and IvIinnis lvl. Otto North 68 degrees I9-rz utes 47 seconds
Wens 1782.16 Dhut to a point; thence along U.S. Interstate Route 81 the following eotuscs
and distances: 1) North 75. degrees 23 ,minutes 49 seconds East, 48.01 P,=t If to it point 2)
North 78 degr os 51minutes 59 seconds East, 47.09 feet to apoint 3; Nw.h (erroneously
identified as South on the Plan) 86 degrees 18 minutes 01 second East. 394.59 feet to a
point; 4) by a cizve to the left with a radius of 320.35 feet, a distance 4af"436.91 feet to a
point; 5) North 15 degrees 33 minutes 28 seconds East, 15.43 feet to a point; thence along
land now or fc>-.-vu :ly of Ca2lisle Poultry and Egg Association the follaw1r4 courses and
distances: 1).SovAt 05 degrees 23 minutes 0 seconds East, 179.50 feet to a point; 2) South
79 degrees 59 ins lkcs 31 seconds Bast, 300.08'fect to a paint; 3) Ncch 05 dices 39
minutes 31 seconda' West, 30338 feet to a point; thence along the soutbem dedicated
right-of-way of Tawit: hip Roiito. T-519 South 79 degrees 42 minutes 31 saoonds Last,
112.66 foot to a'poi :? thence along same by a curve to the left with a rub-as of 82.00 feet
a distance of 3 7.06 fret to a point, the Place of B EGMNLNG.
CON rAIN- Iq 1:1..7683 acres and being improved with a two story -tiotc1.
BEING further deco beed as Lot No. 1 in the Final Subdivision Plan fcc 1 agle
Development Co_rl. :v aced by Robert G. Hartman, RS, dated F61t tm?i-y 15, 1485 and
recorded in Cum .an County Plan Book 47, Page, 106.
H ,mri SAME premises which Crlenda e Lodging L.P. IV, a Pear=.ylvania Limited
Partnership, b3, its,deed date,dthe day of August, 2008 and to be re'sorded
simultaneously he.ire vith, granted an conveyed unto HI'flotel Group, L A a
Pennsylvania 7.irnitod Liability Company, MORTGAGOR horein.
F-o?.
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.: 11-2560
*
Plaintiff,
*
V.
HI HOTEL GROUP, LLC
1904 Christopher Place
Harrisburg, Pennsylvania 17110
And
SHAILESH PATEL
11 Arverne Court
Timonium, Maryland 21093
And
BHAVNABEN S. PATEL
11 Arverne Court
Timonium, Maryland 21093
And
ASHISH RANA
5 Morris Drive
Glen Mills, Pennsylvania 19342
And
RACHANA PATEL
5 Morris Drive
Glen Mills, Pennsylvania 19342
Defendants.
* * * * *
*
*
*
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*
*
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*
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* * * * *
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* * *
NOTICE UNDER RULE 3129.2
OF SALE OF REAL PROPERTY
To: HI Hotel Group, LLC
The Real Property generally known as 1450 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 HI Hotel
Group, LLC entered in the Court of Common Pleas for Cumberland County in the amount of
$3,039,109.42.
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.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THESE
OFFICES MAY BE ABLE TO PROVIDE YOU WITH
INFORMATION ABOUT AGENCIES THAT MAY OFFER
2
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
EXHIBIT A
Uythe ? e at 1 hk In araa 0?Y
Comment
SCHEDULEC
tegd Description
ALL THAT CZ.RRTA fiwt of land situate in Middlesex Township, Ctn.-.beriand
County, Pcnnsy lima, ;pore fully bounded and described as follows, to wic
BEGj','ri f}NG at a.point in the sou?hem dedicatod right-of-way lire of Tovrnsliip Route
T-519; thence along,=the dividing -line between Lot No. I and Lor No. eon tha hereinafter
mendoned Subdiyisi6b Flan South 05 degrees 41 minutes 01 second Ew , 278.29 feet to a
point; thence by a cuzVo to the right with a radius o€100.00 foot, a distance of 126.31 feet
to a point; thence corltiuuing along said dividing line between Lot No. I and Lot No, 2 on
said. Subdivision" Plan the following courses and distances: 1) South 6 degrees 41
minutes 12 seconds West, 94.92 fbet to a point; 2) by a cw-ve to the left with a radius of
90,00 feet, a distance of 15.71 feet to a paint; 3) South 72 dcgtecs 48 Duties 52 seconds
least, 560.10 feet to a point; thence along :land now or formerly of DO-MA Corporation
South 05 degrees 56 niirnYtes 30 seconds East, 370.55 fact to a point; t#ience along land
now or fcnmcrly;of John W. and Minnie M. Otto North 68 degrees 18 minutes 47 seconds
West, 1782.16 Dx% t.to a point; thence along U.S. Intestate Route 81 the soilowing courses
and distancos:1) ?Mirth 75 degrees 23 minutes 49 seconds East, 48.01 to it point 2)
North 78 degrcts 52.minutes 59 seconds Fast, 47.09 feet to a point?; 'Nwth (erroneously
identified as Soutb on the plan) 86 dcgrm 18 minutes 01 second East. 360.59 feet to a
point; 4) by a ctm c to the left with a radius of 320.35 feet, a distance (J.'436.91 feet to a
point; 5) North 15 degrees 33 minutes 28 seconds East,15.43 fleet to a poirM thence along
land now or fo:mc:riy of Carlisle Poultry and Egg Association the fohawirg courses and
distances: 1).Sotath 05 degrees 23 minutes 0 seconds East, 179.50 feet to a point; 2) South
79 degrees 59 tni iuies 31 seconds SUL 300.08 feet to apoint; 3) Ivt?',h 05 dcg*mes 39
minuses 31 seconcla West, 30338 feet to a point; thence along the southem dedicated
right-of-way of Taw. rship Route. T-519 South 79 degrees 42 minutes 31 seconds East
I 12.66 fact to a paint thence along same by a curve to the left with a midi as of 82.00 feet
a distance of 37.66 f6ct to a point, the Place of BEGINNING.
COWA TG 1.1.7683 acres and being improved with a two story -cotcl.
BEINrG further described as Lot No. I in the Final Subdivision Plan for Eagle
Development Corp. .y^ ared by Robert G. Hartman, KS, dated Feb; twry 15, 1985 and
recorded in Cumand County Plan Book 47, Page 106.
R NG TBB SAME ses which Glendale Lodging L.P. IV, a Penr i:ylvania Limited
Partnership, by it`s dee r dated the 1' day of August 2008 and to be recorded
simultaneously herewith, granted an conveyed unto l'fiotel Group., Li.C, a
Pcnnsylvaria Limited Liability Company, MORTGAGOR harem.
V R ,
r iLED-OFFICE
IN THE COURT OF COMMON PLEAS i; t HE PROTHONOTARY
OF CUMBERLAND COUNTY , PENNSYLVANIA 2011 JUN 24 AM 10: 15
SUSQUEHANNA BANK * CUMBERLAND COUNTY
Successor-in-Interest to PENNSYLVANIA
SUSQUEHANNA BANK, PA.
307 International Drive CIVIL DIVISION
Hunt Valley, Maryland 21030 * Case No.: 11-2560
Plaintiff,
ANSWER TO PETITION TO OPEN AND/
V. * OR STRIKE CONFESSED JUDGMENT
HI HOTEL GROUP, LLC
1904 Christopher Place
Harrisburg, Pennsylvania 17110 * COUNSEL OF RECORD FOR PLAINTIFF
MICHAEL D. NORD
And * PENNSYLVANIA BAR NO. 52486
GEBHARDT & SMITH, LLP
SHAILESH PATEL * ONE SOUTH STREET, SUITE 2200
11 Arverne Court BALTIMORE, MARYLAND 21202
Timonium, Maryland 21093
And
BHAVNABEN S. PATEL
11 Arverne Court
Timonium, Maryland 21093
And
ASHISH RANA
5 Morris Drive
Glen Mills, Pennsylvania 19342
And
RACHANA PATEL
5 Morris Drive
Glen Mills, Pennsylvania 19342
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.
2
17.
18.
19.
required.
20.
21.
22.
Denied
Denied as to all parts of the allegations in paragraph 18.
Paragraph 19 contains no information to which a response of Admit or Denied is
Denied.
Denied.
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 Plaintiff's
behalf and that the foregoing statements set forth herein are true and correct.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on this 23rd 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
r
IN THE COURT OF COMMON PLEAS_ ---i
OF CUMBERLAND COUNT Y, PENNSYLVANIA
SUSQUEHANNA BANK
Successor-in-Interest to
SUSQUEHANNA BANK, PA.
307 International Drive CIVIL DIVISION G `'
P r
Hunt Valley, Maryland 21030
* t?
Case No.: 11-2560 ems: -^
?.
Plaintiff,
V. * STIPULATION TO DISMISS
CONFESSED JUDGMENT WITHOUT
HI HOTEL GROUP, LLC * PREJUDICE AND TO DISMISS CASE
1904 Christopher Place WITHOUT PREJUDICE
Harrisburg, Pennsylvania 17110
And
SHAILESH PATEL
11 Arverne Court
Timonium, Maryland 21093
And
BHAVNABEN S. PATEL
11 Arverne Court
Timonium, Maryland 21093
And
ASHISH RANA
5 Morris Drive
Glen Mills, Pennsylvania 19342
And
RACHANA PATEL
5 Morris Drive
Glen Mills, Pennsylvania 19342
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.
Rachana M. Patel
Pennsylvania Bar No.79276
950 Haverford Road, Suite 200
Bryn Mawr, Pennsylvania 19010
484-919-1752
Counsel for the Defendants
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
SUSQUEHANNA BANK '
Successor-in-Interest to -n
SUSQUEHANNA BANK, PA.
MCD rnn
* =
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307 International Drive CIVIL DIVISION cnr ?
M=
Hunt Valley, Maryland 21030 * Case No.: 11-2560 4
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Plaintiff, * N +
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
v.
HI HOTEL GROUP, LLC
1904 Christopher Place
Harrisburg, Pennsylvania 17110
And
SHAILESH PATEL
11 Arverne Court
Timonium, Maryland 21093
And
BHAVNABEN S. PATEL
I 1 Arverne Court
Timonium, Maryland 21093
And
ASHISH RANA
5 Morris Drive
Glen Mills, Pennsylvania 19342
And
RACHANA PATEL
5 Morris Drive
Glen Mills, Pennsylvania 19342
Defendants.
* * * * *
*. ORDER TO VAC
CONFESSED JU
* PREJUDICE AN
WITHOUT PREJU
*
*
*
*
*
*
*
*
*
*
*
*
*
*
* * * *
ATE -?:
DGMENT WITHOUT
D TO DISMISS CASE
DICE
* * *
r `
ORDER TO DISMISS 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:
?I'a's
A. 9CA-- . aw4b 0
RI.-a? ?.
2
? %3 11 kb ) U11
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
i
Ronny R Anderson
Sheriff
Jody S Smith
Chief Deputy
Richard W Stewart
Solicitor
Cr
_j. o';1f
t:?; l AEI -S t,,
F'f i 2: t
L U14BERLA 1'ri 3=
PEP1NS y1-,v"` F o t ? "j
Susquehanna Bank
vs. Case Number
HI Hotel Group LLC (et al.) 2011-2560
SHERIFF'S RETURN OF SERVICE
03/09/2011 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: Ashish Rana, but was unable to locate the Defendant in his
bailiwick. He therefore deputized the Sheriff of Deleware County to serve the within Real Estate Writ,
Notice and Description, in the above titled action, according to law.
03/09/2011 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: Rachana Patel, but was unable to locate the Defendant in
his bailiwick. He therefore deputized the Sheriff of Deleware County to serve the within Real Estate Writ,
Notice and Description, in the above titled action, according to law.
03/11/2011 08:26 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 1450 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: Hi Hotel Group, LLC, , 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 HI Hotel Group, at 1904 Christopher Place,
Harrisburg, PA 17110. So Answers: G. Miller, Deputy, Sheriff.
04/25/2011 The requested Real Estate Writ, Notice and Description, in the above titled action, returned by the Sheriff
of Deleware County, the within named Defendant Rachana Patel, not found. So Answers: Robert C. Sider.
Deputy Sheriff, defendant could not be located at address provided, no response to repeated attempts at
service.
04/25/2011 The requested Real Estate Writ, Notice and Description, in the above titled action, returned by the Sheriff
of Deleware County, the within named Defendant Rachana Patel, not found. So Answers: Robert C. Sider.
Deputy Sheriff, defendant could not be located at address provided, no response to repeated attempts at
service.
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, Sheriff's 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: $1,173.73 SO A
NSWER'S,
(h
6 -?-7a -
August 03, 2011 RON R ANDERSON, SHERIFF
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.
*
HI HOTEL GROUP, LLC
1904 Christopher Place
Harrisburg, Pennsylvania 17110 * Q c=
-LIZ
=
-
And * CO
z rn
;rw
-?
SHAILESH PATEL * "<
22 Arverne Court >n
Timonium, Maryland 21093 *
® ZC
F3
And * -< rv ry
BHAVNABEN S. PATEL
22 Arverne Court
Timonium, Maryland 21093
And
ASHISH RANA
5 Morris Drive
Glen Mills, Pennsylvania 19342
And
RACHANA PATEL
5 Morris Drive
Glen Mills, Pennsylvania 19342
Defendants.
* * * * * * * * * * * * *
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 1450
Harrisburg Pike, Carlisle, Pennsylvania 17015.
Property is more particularly described in Exhibit "A" attached hereto.
Name and address of owner(s) or reputed owner(s):
HI HOTEL GROUP, LLC
1904 Christopher Place
Harrisburg, Pennsylvania 17110
2. Names and address of the Defendant in the judgment:
HI 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
IF
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.: / f
*
Plaintiff,
*
V.
*
HI HOTEL GROUP, LLC
1904 Christopher Place -'
Harrisburg, Pennsylvania 17110
And * in° t
SHAILESH PATEL za
II Arverne Court
Timonium, Maryland 21093
C'n
And
BHAVNABEN S. PATEL
11 Arverne Court
Timonium, Maryland 21093
And
ASHISH RANA
5 Morris Drive
Glen Mills, Pennsylvania 19342
And
RACHANA PATEL
5 Morris Drive
Glen Mills, Pennsylvania 19342
Defendants.
* * * * * * * * * * * * *
II
NOTICE UNDER RULE 3129.2
OF SALE OF REAL PROPERTY
To: HI Hotel Group, LI.C
The Real Property generally known as 1450 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 Sheriffs 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
$3,039,109.42.
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 sheriffs sale.
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.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THESE
OFFICES MAY BE ABLE TO PROVIDE YOU WITH
INFORMATION ABOUT AGENCIES THAT MAY OFFER
2
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
%Ired enerat Tithe h sivan e CanWa ?
SCITEDULE C
Legal Description
ALL TFIA-T C R t -AX-4 tract of land situate in Middlesex Township, =; =-:beriand
county, Pcnnsy v'-:mia, snore fully bounded and described as follows, to sY :
?tBEGITCNIN at a point in the southern dedicated right-of-way lire of-' Tovva &I :p 1kou`_e
T-519; thence alcri-; she dividing line between Lot No. 1 and Lot No. s;:n the. hereinafter
mentioned Subdi is ian .Plan South 05 degrees 41 minutes 01 second, Eai-, 278.29 fee. to t
point; thence by c curve to the right with a radius of 100.00 feet, a distant: e of 126.31 feet
to a point; thence -mfouing along said dividing line between Lot No. 1 mid -ot No, 2 on
said. Subdivision flan the following courses and distances: 1) South 65 do zees 4:
minutes 12 seconds West, 94.92 fret to a point' 2) by a cw-ve to the lef i. wdl a radius of
90.00 feet, a distance of 15.71 feet to a point; 3) South 72 degrees 49 Laul ales 52 seconds
East, 560.10 tent to a point; thence along land now or formerly of DO-h1A ^orporation
South 05 degrees 56 mintrzes 30 seconds East, 370.55 feet to a point; thence along 'sand
now or formerly` of 14m W. and Minnie M. Otto North 68 degrees 18 it ltes 47 seconds
West, 1782.16 fc:?i to a point; thence along U.S. Interstate Route 81 tht foliow ng courses
and distances: 1) Wm-th 75 degrees 23 minutes 49 seconds East, 48.01 T-et to a point 2)
North 78 degrr}.s 5:'.:rinutes 59 seconds East, 47.09 feet to apoint 3 'Norrl erroneously
identified as South! on the Plan) 86 degrees 18 minutes 01 second as•E-, 3050.59 feet to a
point; 4) by a cun. c z the left with a radius of 320.35 feet, a distance.. CJ'435.91 feet to a
point; 5) Nortil .5 sdegr •es 33 minutes 28 seconds East, 15.43 feet to a mirk; thence along
land now or fonrt:. y of Ca lisle Poultry and Egg Association the fel is .ti:r:.? courses and
distances: i) So:.Iffi 0-5 degrees 23 minutes 0 seconds East, 179.50 feet :o F. faint; 2) South
79 degrees 59 ninu°tes =1 seconds last, 300.0811ect to a point; 3) Nlmi h 05 degrees 39
minutes 31 secorct;: West, 303.38 feet to a point; thence along the south, rr dedicated
right-of-way of'fown~hip Route T-519 South 79 degrees 42 minutes 3 ? seconds East;
112.66 fect to a polo t thence along same by a curve to the left with a !' .d!U3 of 82.00 feet
a distance of 37.06 feet to a point, the Place of BEGINNING.
-OONTAD-i- l.NG A 1.7683 acres and being improved with a two story , aotcl:
BEIING further described as Lot No. 1 in the Final Subdivisimi Plan fb Eagle
Development Comp. rzcpared by Robert G. Hartman, R.S. dated Feirw :v 15, 1985 and
recorded in CumbM •?azid County Plan Book 47, Page 106. +
t: G 'M- E S t lt, premises which Crlena a e Lodging L.P. ICI, a e cry: lvrniz Limited
Partnership, by ip deed dated the VII! day of August, 2008 and to be mcorded
simultaneously herow3th, granted and conveyed unto HI Hotel croup., f,LC, a
Pennsylvania LirF it-M, Liability Company, MOR rGAGOR herein.
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA) N011-2560 Civil
COUNTY OF CUMBERLAND) 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 HI HOTEL GROUP, LLC, SHAILESH PATEL, BHAVNABEN S. PATEL, ASHISH
RANA, AND RACHANA 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 $-VSg 413 a3 L.L.
Interest $50,202.21
Atty's Comm % Due Prothy $2.00
Atty Paid $82.00 Other Costs LATE CHARGES - $2,408.98
Plaintiff Paid PER DIEM - $551.67
Date: 3/1.11
David D. B ell, Prothon ary
(Seal) By:
Deputy
REQUESTING 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
T17im COPY F,ROIIq :CCORD
In fi'>s: nnony v hgre,,{. I he-e unto at rn,? hand
+A,?d t+-'e seG1 of said Court at Ca,-iisle, Fa.
nos d6 of
t f n Prothonotary
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, 1450 Harrisburg Pike, Carlisle
more fully described on Exhibit "A" filed with this writ
and by this reference incorporated herein.
Date: March 3, 2011
By:
0 ? -
Real Estate Coordinator
CUMBERLAND LAW JOURNAL
Writ No. 2011-2560 Civil
Susquehanna Bank
VS.
HI Hotel Group LLC, Ashish Rana,
Rachana Patel, Shailesh Patel,
Bhavnaben S. Patel
Atty.: Michael Nord
ALL THAT CERTAIN Tract of
land situate in Middlesex Township,
Cumberland County, Pcnnsylvania,
more fully bounded and described
as follows, to wit:
BEGINNING at a point in the
southern dedicated right-of-way line
of Township Route T-519; thence
along the dividing line between Lot
No. 1 and Lot No. 2 on the hereinafter
mentioned Subdivision Plan South
05 degrees 41 minutes 01 second
East, 278.29 feet to a point; thence
by a curve to the right with a radius
of 100.00 feet, a distance of 126.31
feet to a point; thence continuing
along said dividing line between Lot
No. I and Lot No. 2 on said Subdivi-
sion Plan the following courses and
distances: 1) South 66 degrees 41
minutes 12 seconds West, 94.92 feet
to a point; 2) by a curve to the left
with a radius of 90.00 feet, a distance
of 15.71 feet to a point; 3) South
72 degrees 48.minutes 52 seconds
East, 560.10 feet to a point; thence
along land now or formerly of DO-MA
Corporation South 05 degrees 56
minutes 30 seconds East, 370.55 feet
to a point; thence along land now or
formerly of John W. and Minnie M.
Otto North 68 degrees 18 minutes
47 seconds West, 1782.16 feet to a
point; thence along U.S. Interstate
Route 81 the following courses and
distances: 1) North 75 degrees 23
minutes 49 seconds East, 48.01
feet to a point 2) North 78 degrees
52 minutes 59 seconds East, 47.09
feet to a point 3) North (erroneously
identified as South on the Plan) 86
degrees 18 minutes 01 second East,
360.59 feet to a point; 4) by a curve to
the left with a radius of 320.35 feet,
a distance of 436.91 feet to a point;
5) North 15 degrees 33 minutes 28
seconds East, 15.43 feet to a point;
thence along land now or formerly of
Carlisle Poultry and Egg Association
the following courses and distances:
1) South 05 degrees 23 minutes 0
seconds East, 179.50 feet to a point;
2) South 79 degrees 59 minutes 31
seconds East, 300.08 feet to a point;
3) North 05 degrees 39 minutes 31
seconds West, 303.38 feet to a point;
thence along the southern dedi-
cated right-of-way of Township Route
T-519 South 79 degrees 42 minutes
31 seconds East, 112.66 feet to a
point; thence along same by a curve
to the left with a radius of 82.00 feet
a distance of 37.06 feet to a point,
the Place of BEGINNING.
CONTAINING 11.7683 acres and
being improved with a two story
motel.
BEING further described as Lot
No. 1 in the Final Subdivision Plan for
Eagle Development Corp. prepared
by Robert G. Hartman, 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. IV, a
Pennsylvania Limited Partnership,
by its deed dated the 12th day of
August, 2008 and to be recorded
simultaneously herewith, granted
and conveyed unto HI Hotel Group,
LLC, a Pennsylvania Limited Liability
Company, MORTGAGOR herein.
34
16
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.
Lisa Marie Coyne, E itor
SWORN TO AND SUBSCRIBED before me this
da 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 Patti* ot News
Now you know
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:
04/22/11
04/29/11
05/06/11
Sworn to s scribed before me t is 2? of ay, 2011 A.D.
c Notary Public C0MM0NW 7.H? OF PM LVANL4
Note" saw
Sherrie L Klener, Not" PuWk
Lower Paxton TWP•, Dauphin County
Me?rtber NOV. 26, 2011
Sylvania 4ssodation of Notaries
2011-2500 CNN 1%M
Vs
HI Hotel Group LLC
Ashish Rana
Rachana Patel
shallesh Patel
Shavnaben S. Patel
Atty: Michael Nord
ALL THAT CERTALN Tract of land
situate in Middlesex Township,,Gumberland
County, Pcnkisylvania, more fully
bounded and described as follows, to wit:
BEGINNING at a point in the southern
dedicated r0t-of-way line of Township
Route T-519; thence along the dividing line
between Lot No. 1 and Lot No. 2 on the
hereinafter mentioned Subdivision Plan
South 05 degrees 41 minutes 01 second
East, 278.29 feet to a point; thence by a
curve to the right with a radius of 100.00
feet, a distance of 126.31 feel to a point;
thence continuing along said dividing line,
between l of No. I and Lot No. 2 en said
Subdivision Plan the following courses and
distances: 1) South 66 degrees 41 minutes 12
seconds West, 94.92 feet to a point; 2) by a
curve to the left with a radius of 90.00 feet, a
distance of 15.71 feet to a point; 3) South 72
degrees 48.minutes 52 seconds East, 560.10
feet to a point; thence along land now or
formerly of DO-MA Corporation South 05
degrees 56 minutes 30 seconds East, 370.55
feet to a point; thence along land now or
formerly of John W. and Minnie M. Otto
North .68 degrees 18 minutes 47 seconds
West, 1782.16 feet to a point; thence along
U.S. Interstate Route 81 the--following
courses and distances: 1) North 75 degrees
23 minutes 49 seconds East, 48.01 feet to
a point 2) North 78 degrees 52 minutes 59
seconds East, 47.09 feet to a point 3) North
(erroneously identified as South on the
Plan) 86 degrees 18 minutes 01 second East,
360.59 feet to a point; 4) by a curve to the
left with a radius of 320.35 feet, a distance of
436.91 feet to a point; 5) North 15 degrees
33 minutes 28 seconds: East, 15.43 feet to a
point; thence along land now or formerly
of Carlisle Poultry and Egg Association the
following courses d distances; 1) South
05 degrees 23 minutes 0 seconds East,
179.50 feet to a point; 2) South 79 degrees
59 minutes 31 seconds East, 300.08 feet to
a point; 3) North 05 degrees 39 minutes 31
seconds West, 303.38 feet to a point; thence.
along the southern dedicated right-of-way
of Township Route T-519 South 79 degrees
42 minutes 31 seconds East, 112.66 feet to a
point; thence along swine bya curve to the left
with a radius of 82.00 feeta distanced 37.06
feet to a point, the Place of BEGINNING.
CONTAINING 11.7683 acres and
being improved with a two story motel.
BEING further described as Lot No. 1
in the Final Subdivision Plan for Eagle
Development Corp. prepared; by Robert
G. Hartman, 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. IV, a Pennsylvania
Limited Partnership, by its deed dated
the 12th day of August, 2008 and to be
recorded simultaneously herewith, granted
and conveyed unto HI-Hotel Group, LLC,
a Pennsylvania Limited Liability Company,
MOMAGOR herein.