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HomeMy WebLinkAbout14-0800 AMERICHOICE FEDERAL, IN THE COURT OF COMMON PLEAS CREDIT UNION CUMBERLAND COUNTY Plaintiff, (= � - T, V. L - cr a .,:- -:� rn M -T-1 SUITE DREAMS, LLC, and No.: OAKDALE SUITES, LLC Confession of Judgment r te - = cs Defendants Complaint pursuant to Pa.R.C. "52 NOTICE OF DEFENDANT'S RIGHTS :4 = ;. TO: Suite Dreams, LLC: A judgment in the amount of $3,764,698.97 with interest from February 10, 2014 on the unpaid principal balance of ($ 3,365,732.42 ), at the rate of 5% per annum, which computes to a current per diem of $ 467.4628 and a late charge of 5.000% of the unpaid monthly payment past due, which computes to a minimum monthly late charge per-diem of $44.29, has been entered against you and in favor of the Plaintiff 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 sheriff may take your money or other property to pay the judgment at anytime after thirty (30) days after the date on which this notice is served on you. You may have legal rights to defeat the judgment or to prevent your money or property from being taken. YOU MUST FILE A PETITION SEEKING RELIEF 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 OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP: LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE PA 170 (717) 321 -4696 , BY: Darrel ethlefs, Esquire DETHLEFS - PYKOSH LAW GROUP, LLC Attorney Id. No.: 58805 2132 Market Street Camp Hill, PA 17011 (717) 975 -9446 1SlO �f/ Ddethlefs @aol.com AMERICHOICE FEDERAL, IN THE COURT OF COMMON PLEAS CREDIT UNION CUMBERLAND COUNTY Plaintiff, V. p SUITE DREAMS, LLC, and No.: 8 LM o v' ( 4eou- OAKDALE SUITES, LLC Confession of Judgment Defendants Complaint pursuant to Pa.R.C.P. 2952 NOTICE OF DEFENDANT'S RIGHTS TO: Oakdale Suites, LLC: A judgment in the amount of $3,764,698.97 with interest from February 10, 2014 on the unpaid principal balance of ( $3,365,732.42 ), at the rate of 5% per annum, which computes to a current per diem of $ 467.4628 and a late charge of 5.000% of the unpaid monthly payment past due, which computes to a minimum monthly late charge per diem of $44.29, has been entered against you and in favor of the Plaintiff 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 sheriff may take your money or other property to pay the judgment at any time after thirty (30) days after the date on which this notice is served on you. You may have legal rights to defeat the judgment or to prevent your money or property from being taken. YOU MUST FILE A PETITION SEEKING RELIEF 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 OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP: LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STRE CARLISLE PA 17013 (717) 321 -4696 BY: Darrell . ethlefs, Esquire DETHLEFS - PYKOSH LAW GROUP, LLC Attorney Id. No.: 58805 2132 Market Street Camp Hill, PA 17011 (717) 975 -9446 Ddethlefs @aol.com Page 1 Darrell C. Dethlefs, Esquire ID # 58805 Dethlefs - Pykosh Law Group, LLC 2132 Market Street Camp Hill, Pennsylvania 17011 Telephone — (717) 975 -9446 Fax — (717) 975 -2309 DDethlefs(a AMERICHOICE FEDERAL, IN THE COURT OF COMMON PLEAS CREDIT UNION CUMBERLAND COUNTY Plaintiff, V . ' Jac/ SUITE DREAMS, LLC, and No.: / `1 V OAKDALE SUITES, LLC Confession of Judgment Defendants Complaint pursuant to Pa.R.C.P. 2952 CONFESSION OF JUDGMENT Pursuant to the Confession of Judgment paragraph/warrant contained in the Promissory Note dated August 20, 2008; the Assumption Agreement, dated July 29, 2009; the Assignment, Assumption, Consent and Release Agreement, dated July 29, 2009; the Disclosure for Confession of Judgment by Declarant, Suite Dreams, LLC, dated July 29, 2009; and the Disclosure for Confession of Judgment for Declarant Oakdale Suites, LLC, dated July 29, 2009; the originals or copies of which are attached to the Complaint filed in this action, I appear for the Defendant and confess judgment in favor of the Plaintiff and against Defendant(s), Suite Dreams, LLC, and Oakdale Suites, LLC, as follows: Unpaid Principal through 02/10/2014 $3,365,732.42 Accrued Interest through 02/10/2014 $52,823.30 Late Fees pursuant to Note $4,041.68 Costs - ($46.00 filing fee) ($200 service) $246.00 Attorneys' Commission (10% as set forth on Page 2 of the Promissory Note) $341,855.57 TOTAL $3,764,698.97 Page 2 + x with interest from February 10, 2014 on the unpaid principal balance at the rate of 5% per annum, which computes to a current interest per diem of $467.4628 and a late charge of 5.000% of the unpaid monthly payment past due, which computes to a monthly late charge per diem at $44.29. Respectfully Submitted, Dated: Darrell C. Dethlefs, Esquire DETHLEFS - PYKOSH LAW GROUP, LLC Attorney Id. No.: 58805 2132 Market Street Camp Hill, PA 17011 (717)97 5-9446 DDethlefs @aol.com Page 3 Darrell C. Dethlefs, Esquire ID # 58805 Dethlefs - Pykosh Law Group, LLC 2132 Market Street Camp Hill, Pennsylvania 17011 Telephone — (717) 975 -9446 Fax — (717) 975 -2309 DDethlefsriaol.com AMERICHOICE FEDERAL, IN THE COURT OF COMMON PLEAS CREDIT UNION CUMBERLAND COUNTY Plaintiff, V. / (�/ SUITE DREAMS, LLC, and No.: i ` - OAKDALE SUITES, LLC Confession of Judgment Defendants Complaint pursuant to Pa.R.C.P. 2952 COMPLAINT CIVIL ACTION — COMPLAINT IN CONFESSION OF JUDGMENT Plaintiff, AmeriChoice Federal Credit Union, by its attorneys, Dethlefs- Pykosh Law Group, LLC, by Darrell C. Dethlefs, Esquire, files this Complaint in Confession of Judgment for Money and in support thereof avers as follows: 1. Plaintiff, AmeriChoice Federal Credit Union, is a business existing under the laws of the Commonwealth of Pennsylvania, with its principal office located at 2175 Bumble Bee Hollow Road, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. Defendant, Suite Dreams, LLC, is a Pennsylvania Limited Liability Company with a principal place of business at 1700 Harrisburg Pike, Carlisle, Pennsylvania, 17015. 3. Defendant, Oakdale Suites, LLC, is a Pennsylvania Limited Liability Company with a registered address of 1700 Harrisburg Pike, Carlisle, Pennsylvania, 17015. 4. On or about August 20, 2008, Dineshchandra G. Patel, member of True Green Homes, LLC, executed a Promissory Note for the loan sought by True Green Homes, LLC, to purchase property located at and known as 1700 Harrisburg Pike, Middlesex Township, Cumberland County, Pennsylvania. The Note executed by Dineshchandra G. Patel, member of True Green Homes, LLC Page 1 authorized the confession of judgment. A true and correct reproduction of the signed, original documents referenced above are attached hereto, made part of and incorporated by reference as if fully set forth herein. The documents are marked as follows: a. The Promissory Note is marked as Exhibit "A ". 5. On July 29, 2009, True Green, LLC, sold the subject property to Defendants, Suite Dreams, LLC and Oakdale Suites, LLC. As part of the purchase, Farouk Hegazi, authorized member of Defendant(s), Suite Dreams, LLC and Oakdale Suites, LLC, executed in conjunction with an Assumption Agreement dated July 29, 2009, an Assignment, Assumption, Consent and Release Agreement, also dated July 29, 2009, and Disclosures for Confession of Judgment, dated July 29, 2009. The above referenced documents authorize the confession of judgment against the Defendant(s). A true and correct reproduction of the signed, original documents referenced above are attached hereto, made part of and incorporated by reference as if fully set forth herein. The documents are marked as follows: a. Assumption Agreement is marked as Exhibit `B "; b. Assignment, Assumption, Consent and Release Agreement is marked as Exhibit « c. The Disclosure for Confession of Judgment for Suite Dreams, LLC is marked as Exhibit "D "; and d. The Disclosure for Confession of Judgment for Oakdale Suites, LLC is marked as Exhibit `B ". 6. The originals of the aforementioned documents are available, for inspection and production, upon request to Plaintiff. (Account numbers have been redacted from the copies attached hereto. Undredacted copies are available for inspection by the Plaintiff and /or Court). 7. The Promissory Note authorizes the confession of judgment. Page 2 8. The obligation of Defendants, Suite Dreams, LLC and Oakdale Suites, LLC, to Plaintiff, AmeriChoice Federal Credit Union, is in default. The Note is past due for the November 20, 2013; December 20, 2013; and January 20, 2014 payments. This past due status is a "payment default" under the loan documents attached hereto as exhibits. 9. Judgment is not being entered by confession against a natural person in connection with a consumer credit transaction. 10. Judgment has not been entered on the instrument(s) in any other jurisdiction. 11. There have been no assignments made of the instruments permitting confession by plaintiff. 12. An itemization of the amount due under the Note, including interest, attorneys' commission is as follows: Unpaid Principal through 02/10/2014 $3,365,732.42 Accrued Interest through 02/10/2014 $52,823.30 Late Fees pursuant to Note $4,041.68 Costs - ($46.00 filing fee) ($200 service) $246.00 Attorneys' Commission (10% as set forth on Page 2 of the Promissory Note.) $341,855.57 TOTAL $3,764,698.97 A true and correct reproduction of the most recent account statement, dated February 10, 2014, is attached hereto, made part hereof and incorporated by reference as if set forth fully herein. The document is marked as Exhibit "F ". Page 3 } 1 WHEREFORE, the Plaintiff, as authorized by the Confession of Judgment warrant contained in the aforementioned documents, confesses judgment against the Defendants Suite Dreams, LLC and Oakdale Suites, LLC, in the total sum of $3,764,698.97 with interest from February 10, 2014 on the unpaid principal balance at the rate of 5% per annum, which computes to a current interest per diem of $467.4628 and a late charge of 5.000% of the unpaid monthly payment past due, which computes to a minimum monthly late charge per diem of $44.29. Respectfully Submitted, Dated: Darrell . Dethlefs, Esquire DETHLEFS - PYKOSH LAW GROUP, LLC Attorney Id. No.: 58805 2132 Market Street Camp Hill, PA 17011 Telephone (717) 975 -9446 Ddethlefs @aol.com Page 4 PROMISSORY NOTE Priii�ipal :` ran: MotuTity, LcS�:rk:(tl CBtI:lCitll' AGCburtt OfffCet itiitial5 $ 4,OO.Q,000 :00 References in the boxes above are for Lender's use only and do not limit the applicability of this document to any particular loan or i' - Any item above containing "" " has been omitted due to text length limitations. EXHIBIT Borrower: True Green Homes, LLC Lender AmeriChoice Federal Credit Union 1005 Azlan Lane 2175 Bumble Bee Hollow Road Chalfont, PA 18914 Mechanicsburg, PA 17055 Principal Amount: $4,000,000,00 -Date of August 20, 2008 PROMISE TO PAY. True Green Homes, LLC ( "Borrower ") promises to pay to AmeriChoice Federal Credit Union ( "Lender "), or order, in lawful money of the United States of America, the principal amount of Four Million & 001100 Dollars (54,000,000.00), together with interest on the unpaid principal balance from August 20, 2008, until paid in full. PAYMENT. Subject to any payment changes resulting from changes in the Index, Borrower will pay this loan in accordance with the following payment schedule: 60 monthly consecutive principal and interest payments in the initial amount of $30,285.48 each, beginning September 20, 2008, with interest calculated on the unpaid principal balances at an interest rate of 6.600% per annum; 59 monthly consecutive principal and interest payments in the initial amount of $29,140.58 each, beginning September 20, 2013, with interest calculated on the unpaid principal balances at an interest rate based on the highest US Prime Rate ea published in the Money Rates Section of the Wall Street Journal, Eastern Edition (currently 5.000 %), plus a margin of 1.000 percentage points, resulting in an initial interest rate of 6.000 %; and one principal and interest payment of $2,643,480.42 on August 20, 2018, with interest calculated on the unpaid principal balances at an interest rate based on the highest US Prime Rate as published in the Money Rates Section of the Wall Street Journal, Eastern Edition (currently 5.000 %), plus a margin of 1.000 percentage points, resulting in an initial interest rate of 6.000 %. This estimated final payment is based on the assumption that all payments will be made exactly as scheduled and that the Index does not change; the actual final payment will be for all principal and accrued interest not yet paid, together with any other unpaid amounts under this Note. Unless otherwise agreed or required by applicable law, payments will be applied first to any late charges; then to any accrued unpaid interest; then to principal; and then to any unpaid collection costs. The annual - interest rate for this Note is computed on a 365!360. basis; that is, by applying the ratio. of the annual interest rate over a year of 360 days, multiplied by the outstanding principal balance, multiplied by the actual number of days the principal balance is outstanding. Borrower will pay Lender at Lender's address shown above or at such other place as Lender may designate in writing. VARIABLE INTEREST RATE. The interest rate on this Note is subject to change from time to time based on changes in an independent index which is the highest US Prime Rate as published in the Money Rates Section of the Well Street Journal, Eastern Edition (the "Index "i. The Index is not necessarily the lowest rate charged by Lender on its loans. If the Index becomes unavailable during the term of this loan, Lender may designate a substitute index after notifying Borrower. Lender will tell Borrower the current Index rate upon Borrower's request. The interest rate change will not occur more often than each month. Borrower understands that Lender may make loans based on other rates as well. The Index currently is 5.000% per annum. The interest rate or rates to be applied to the unpaid principal balance during this Note will be the rate or rates set forth herein in the "Payment" section. Notwithstanding any other provision of this Note, after the first payment stream, the interest rate for each subsequent payment stream will be effective as of the last payment date of the just ending payment stream. NOTICE: Under no circumstances will the interest rate on this Note be more than the maximum rate allowed by applicable law. Whenever increases occur in the interest rate, Lender, at its option, may do one or more of the following: (A) increase Borrower's payments to ensure Borrower's loan will pay off by its original final maturity date, (B) increase Borrower's payments to cover accruing interest, (C) increase the number of Borrower's payments, and (D) continue Borrower's payments at the same amount and increase Borrower's final payment. PREPAYMENT. Borrower may pay without penalty all or a portion of the amount owed earlier than it is due. Early payments will not, unless agreed to by Lender in writing, relieve Borrower of Borrower's obligation to continue to make payments under the payment schedule. Rather, early payments will reduce the principal balance due and may result in Borrower's making fewer payments. Borrower agrees not to send Lender payments marked "paid in full ", "without recourse ", or similar language. If Borrower sends such a payment, Lender may accept it without losing any of Lender's rights under this Note, and Borrower will remain• obligated to. pay .any Jurther amount owed ; to - Lender. All written­ communications concerning disputed amounts, including any check or other payment instrument that indicates that the payment constitutes "payment in full" of the amount owed or that is tendered with other conditions or limitations or as full satisfaction of a disputed amount must be mailed or delivered to: AmeriChoice Federal Credit Union, 2175 Bumble Bee Hollow Road, Mechanicsburg, PA 17055. LATE CHARGE. If a payment is 15 days or more late, Borrower will be charged 5.000% of the unpaid portion of the regularly scheduled payment or $25.00, whichever is greater. INTEREST AFTER DEFAULT. Upon default, including failure to pay upon final maturity, the total sum due under this Note will continue to accrue interest at the interest rate under this Note, with the final interest rate described in this Note applying after maturity, or after maturity would have occurred had there been no default. If jucginem is entered in connection with this Note, interest i ntinue to accrue after the date of judgment at the rate in effect at'the time judgment is entered. However, in no event will the interesi exceed the maximum interest rote limitations under applicable law. DEFAULT. Each of the following shall constitute an event of default ( "Event of Default ") under this Note: Payment Default. Borrower fails to make any payment when due under this Note. Other Defaults. Borrower fails to comply with or to perform any other term, obligation, covenant or condition contained 'in this Note or in any of the related documents, or to comply with or to perform any term, obligation, covenant or condition contained in any other agreement between.Lender and Borrower. Default in Favor of Third Parties. Borrower or any Grantor defaults under any loan, extension of credit, security agreement, purchase or sales agreement, or any other agreement, in favor of any other creditor or person that may materially effect any of Borrower's property or Borrower's ability to repay this Note or perform Borrower's obligations under this Note or any of the related documents. Environmental Default. Failure of any party to comply with or perform when due any term, obligation, covenant or condition contained in any environmental agreement executed in connection with any loan. False Statements. Any warranty, representation or statement made or furnished to Lender by Borrower or on Borrower's behalf under this Note or the related documents is false or misleading in any material respect, either now or at the time made or furnished or becomes false or misleading at any.time thereafter. Death or Insolvency. The dissolution of Borrower (regardless of whether election to continue is model, any member withdraws from Borrower, or any other termination of Borrower's existence as a going business or the death of any member, the insolvency of Borrower, the appointment of a receiver for any part of Borrower's property, any assignment for the benefit of creditors, any type of creditor workout, PROMISSORY NOTE Loan No: (Continued) Page 2 or the commencement of any proceeding under any bankruptcy or insolvency laws by or against Borrower. Creditor or Forfeiture Proceedings. Commencement of foreclosure or forfeiture proceedings, whether by judicial proceeding, self -help, repossession or any other ,method, by any creditor of Borrower or by any governmental agency against any collateral securing the loan. This includes a garnishment of any of Borrower's accounts, including deposit accounts, with Lender. However, this Event of Default shall not apply if there is a good faith dispute by Borrower as to the validity or reasonableness of the claim which is the basis of the creditor or forfeiture proceeding and if Borrower gives Lender written notice of the creditor or forfeiture proceeding and deposits with Lender monies or e surety bond for the creditor or forfeiture proceeding, in an amount determined by Lender, in its sole discretion, as being an adequate reserve or bond for the dispute. Events Affecting Guarantor. Any of the preceding events occurs with respect to any Guarantor of any of the indebtedness or any Guarantor dies or becomes incompetent, or revokes or disputes the validity of, or liability under, any guaranty of the indebtedness evidenced by this Note. In the event of a death, Lender, at its option, may, but shall not be required to, permit the Guarantor's estate to assume unconditionally the obligations arising under the guaranty in a manner satisfactory to Lender, and, in doing so, cure any Event of Default. Adverse Change. A material adverse change occurs in Borrower's financial condition, or Lender believes the prospect of payment or performance of this Note is impaired. LENDER'S RIGHTS. Upon default, Lender may, after giving such notices as required by applicable law, declare the entire unpaid principal balance under this Note and all accrued unpaid interest immediately due, and then Borrower will pay that amount. ATTORNEYS' FEES; EXPENSES. Lender may hire or pay someone else to help collect this Note if Borrower does not pay. Borrower will pay Lender that amount. This includes, subject to any limits under applicable law, Lender's reasonable attorneys' fees and Lender's legal expenses, whether or not there is a lawsuit, including reasonable attorneys' fees, expenses for bankruptcy proceedings (including efforts to modify or vacate any automatic stay or injunction), and appeals. If not prohibited by applicable law, Borrower also will pay any court costs, in addition to all other sums provided by law. JURY WAIVER. Lender and Borrower hereby waive the right to any jury trial in any action, proceeding, or counterclaim brought by either Lender or Borrower against the other. GOVERNING LAW. This Note will be governed by federal law applicable to Lender and, to the extent not preempted by federal law, the laws of the Commonwealth of Pennsylvania without regard to its conflicts of law provisions. This Note has been accepted by Lender in the Commonwealth of Pennsylvania. CHOICE OF VENUE. If there is B lawsuit, Borrower agrees upon Lender's request to submit to the jurisdiction of the courts of Cumberland County, Commonwealth of Pennsylvania. DISHONORED ITEM FEE. Borrower will pay a fee to Lender of $30.00 if Borrower makes a payment on Borrower's loan and the check or preauthorized charge with which'Borrower pays is later dishonored. STATUTORY LIEN. Borrower agrees that all loan advances under this Note are secured by all shares and deposits in all joint and individual accounts Borrower has with Lender now and in the future. Borrower authorizes Lender, to the extent permitted by applicable law, to apply the balance in these accounts to pay any amounts due under this Note when Borrower is in default under this Note. Shares and deposits in an Individual Retirement Account and any other account that would lose special tax treatment under state or federal low if given as security are not subject to the security interest Borrower has given in Borrower's shares and deposits, SUCCESSOR INTERESTS. The ',terms of this Note shall be binding upon Borrower, and upon Borrower's heirs, personal representatives, successors and assigns, and shall inure to the benefit of Lender and its successors and assigns. NOTIFY US OF INACCURATE INFORMATION WE REPORT TO CONSUMER REPORTING AGENCIES. Please notify us if we report any inaccurate information about your account(s) to a consumer reporting agency. Your written notice describing the specific inaccuracy(ies) should be sent to us at the following address: AmeriChoice Federal Credit Union,.2175 Bumble Bee Hollow Road, Mechanicsburg, PA 17055. GENERAL PROVISIONS. If any part of this Note cannot be enforced, this fact will not affect the rest of the Note. Lender may delay or forgo enforcing any of its rights or remedies under this Note without losing them. Borrower and any other person who signs, guarantees or endorses this Note, to the extent allowed by law, waive presentment, demand for payment, and notice of dishonor. Upon any change in the terms of this Note, and unless otherwise expressly stated in writing, no party who signs this Note, whether as maker, guarantor, accommodation maker or endorser, shall be released from liability. All such parties agree that Lender may renew or extend (repeatedly and for any length of time) this loan or release any party or guarantor or collateral; or impair, fail to realize upon or perfect Lender's security interest in the collateral; and take any other action deemed necessary by Lender without the consent of or notice to anyone. All such parties also agree that Lender may modify this loan without the consent of or notice to anyone other than the party with whom the modification is made. The obligations under this Note are joint and several. If any portion of this Note is for any reason determined to be unenforceable, it will not affect the enforceability of any other provisions of this Note. CONFESSION OF JUDGMENT. BORROWER HEREBY IRREVOCABLY AUTHORIZES AND EMPOWERS ANY ATTORNEY OR THE PROTHONOTARY OR CLERK OF.ANY COURT IN THE COMMONWEALTH OF PENNSYLVANIA, OR ELSEWHERE, TO APPEAR AT ANY TIME FOR BORROWER AFTER A DEFAULT UNDER THIS NOTE AND WITH OR WITHOUT COMPLAINT FILED, CONFESS OR ENTER JUDGMENT AGAINST BORROWER FOR THE ENTIRE PRINCIPAL BALANCE OF THIS NOTE AND ALL ACCRUED INTEREST, LATE CHARGES AND ANY AND ALL AMOUNTS EXPENDED OR ADVANCED BY LENDER RELATING TO ANY COLLATERAL SECURING THIS NOTE, TOGETHER WITH COSTS OF SUIT, AND AN ATTORNEY'S COMMISSION OF TEN PERCENT (10 %) OF THE UNPAID PRINCIPAL BALANCE AND ACCRUED INTEREST FOR COLLECTION, BUT IN ANY EVENT NOT LESS THAN FIVE HUNDRED DOLLARS ($500) ON WHICH JUDGMENT OR JUDGMENTS ONE OR MORE EXECUTIONS MAY ISSUE IMMEDIATELY; AND FOR SO DOING, THIS NOTE OR A COPY OF THIS NOTE VERIFIED BY AFFIDAVIT SHALL BE SUFFICIENT WARRANT. THE AUTHORITY GRANTED IN THIS NOTE TO CONFESS JUDGMENT AGAINST BORROWER SHALL NOT BE EXHAUSTED BY ANY EXERCISE.OF THAT AUTHORITY, BUT SHALL CONTINUE FROM TIME TO TIME AND AT ALL TIMES UNTIL PAYMENT IN FULL OF ALL AMOUNTS DUE UNDER THIS NOTE. BORROWER HEREBY WAIVES ANY RIGHT BORROWER MAY HAVE TO NOTICE OR TO A HEARING IN CONNECTION WITH ANY SUCH CONFESSION OF JUDGMENT AND STATES THAT EITHER A REPRESENTATIVE OF LENDER SPECIFICALLY CALLED THIS CONFESSION OF JUDGMENT PROVISION TO BORROWER'S ATTENTION OR BORROWER HAS BEEN REPRESENTED BY INDEPENDENT LEGAL COUNSEL. 1 6 6 PROMISSORY NOTE Loan No: .vv (Continued) Page 3 PRIOR TO SIGNING THIS NOTE, BORROWER READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS NOTE, INCLUDING THE VARIABLE INTEREST RATE PROVISIONS. BORROWER AGREES TO THE TERMS OF THE NOTE. BORROWER ACKNOWLEDGES RECEIPT OF A COMPLETED COPY OF THIS PROMISSORY NOTE. THIS NOTE IS GIVEN UNDER SEAL AND IT IS INTENDED THAT THIS NOTE IS AND SHALL CONSTITUTE AND HAVE THE EFFECT OF A SEALED INSTRUMENT ACCORDING TO LAW. BORROWER; :I I TRUE GREEN HOM �, �L By. r - r, (Seal) Dineshchandr ,iteb -i Member of True Green Homes, LLC 1 1e 1A no vwn6. 1. 6]6 low 1 cow 1- -5-111 me lnr. ]066 wa N.I.vm P. W1CMLK'C76.1C rn» N6 ASSUMPTION AGREEMENT THIS AGREEMENT is made as of this )q of 2009, by and between AmeriChoice Federal Credit Union, 2175 Bumble Bee Hollow Road, Mechanicsburg, PA 17055 (hereinafter "Lender "), True Green Homes, LLC, a Pennsylvania limited liability company, with an address of 1005 Azlen'Lane, Chalfont, PA 18914 (hereinafter "Original Borrower") and Suite Dreams, LLC, a Pennsylvania limited liability company, with an address of 1700 Harrisburg Pike, Carlisle, PA 17015 and Oakdale Suites, LLC, a Pennsylvania limited liability company, with an address of 4700 Harrisburg Pike, Carlisle, PA 17015 (hereinafter collectively "Assuming Borrowers "). Recitals 1. Lender is the holder of a Promissory Note dated August 20, 2008 (hereinafter "Note "), executed and delivered by Original Borrower to Lender to evidence a commercial mortgage loan in the original principal amount of $4,000,000.00 (.hereinafter "Loan "). The Loan is further evidenced by a Business Loan Agreement dated August 20, 2008 (hereinafter "Loan Agreement "). 2. The Loan is secured by a mortgage dated August 20, 2008, recorded August 22, 2008 to Instrument No. 200828593 (hereinafter "Mortgage ") executed and delivered by Original Borrower to Lender and recorded as a first lien against 1700 Harrisburg Pike, Middlesex Township, ,Cumberland County, Pennsylvania 17015, as more particularly described therein (hereinafter• "Mortgaged Property"). 3. Dineshchandra G. Patel (hereinafter "Guarantor ") has guaranteed the Loan pursuant to a Commercial Guaranty dated August 20, 2008 (hereinafter "Guaranty "). 4. The documents set forth in Exhibit "A" are referred to collectively in this Agreement as the "Loan Documents ". EXH {BIT ASSM P- 7- 29- 09 -V.3 1 i 5. ; , ; The Original Borrower, the Guarantor and the Assuming Borrowers,have requested Lender to agree to the assumption of all the obligations imposed by the Loan Documents by the Assuming Borrowers. AGREEMENT NOW THEREFORE, in consideration of the foregoing Recitals, which are.an integral part of this Agreement, and intending to be legally bound, the parties hereto agree as follows: I. Assuming Borrowers hereby assume and agree (a) to pay, discharge and take over as their own, the Loan, including without being limited to all principal, interest and all other amounts payable under or in connection with the Loan and the Loan Documents, and (b) to pay, observe, perform, comply with and take over as their own, all of the other indebtedness, obligations, duties, liabilities and agreements of Original Borrower under or in connection with the Loan and the Loan Documents, and (c) to be bound by and subject to, and to comply with, all of the representations and warranties, covenants and agreements, terms, conditions and provisions of the Loan and the Loan .Documents, all in substitution for the Original Borrower as if Assuming Borrowers, had been the Original Borrower of the Loan and had originally executed the Loan Documents. 2. Assuming Borrowers represent and warrant to Lender that: a. Assuming Borrowers are duly formed and validly existing as a limited liability company under the laws of the Commonwealth of Pennsylvania. b. Assuming Borrowers have the power and authority to execute and deliver this Agreement., to assume the indebtedness, obligations, duties, liabilities and agreements of the Original Borrower as provided for in this Agreement, to execute and deliver such other agreements and documents as have been requested by the Lender in connection with execution of this Agreement, and all such action has been duly and validly authorized. ASSM Y -7 - 29 -09 -V .3 2 c.. This Agreement has been duly and validly executed and delivered by Assunung Borrowers and constitutes the legal, valid and binding obligations of Assuming Borrowers, enforceable in accordance with the terms hereof, except as the enforceability thereof may be limited by bankruptcy, insolvency or other similar laws of general application affecting the enforcement of creditors' rights, d. No authorization, consent, approval, license, exemption or other action by, and no registration, qualification, designation, declaration or filing with, any Official Body that has not been obtained is or will be necessary or advisable in connection with the execution and delivery of this Agreement, and the other agreements and documents executed in connection herewith, the consummation of the transactions herein or therein contemplated or the performance of or compliance with the terms and conditions hereof or thereof. e. Neither the execution and delivery of this Agreement or the other agreements and documents executed in connection herewith, nor consummation of the transactions herein or therein contemplated nor performance of or compliance with the terms and conditions hereof or thereof will (1) violate any Law, (2) con-flict with or result in a breach or a default under any agreement or instrument ;to which Assuming Borrowers or any Guarantor is a party or by which any of them or any of their r.espective,properties (now owned or may be subject or bound; or (3) ' result in the creation or imposition of any lien, charge, security interest or encumbrance upon the Mortgaged Property, other than liens, charges, security interests or encumbrances in favor of the Lender. f. As of the date hereof, Assuring Borrowers have no defense whatsoever to any action or proceeding that may be brought to enforce this Assumption Agreement. ASSMP- 7- 29- 09 -V.3 3 g. The Guarantor's Consent and Reaffirmation shall be duly and validly executed and delivered by the Guarantor and constitutes the legal, valid and binding obligations of the Guarantor, enforceable in accordance with the terms thereof, except as the enforceability thereof may be limited by bankruptcy, insolvency or other similar laws of general application affecting the enforcement of creditors' rights. 3. Nothing herein to the contrary, the Guaranty of Dineshchandra G. Patel shall continue in full force and effect in accordance with the terms and conditions set forth therein. The Guarantor's Consent and Reaffirmation shall be duly and validly executed and delivered by the Guarantor and constitutes the legal, valid and binding obligations of the Guarantor, except as the enforceability thereof may be limited by bankruptcy, insolvency or other similar laws of general application affecting the enforcement of creditors' rights. 4. Original Borrower represents and warrants to Lender that: a. Simultaneously, with the execution of this Agreement, Original Borrower has conveyed and transferred the assets to Assuming Borrowers. b. The unpaid principal balance of the Loan as of the date of this Agreement is $ 3,876,552,50. c. There are no material defaults by , Originat Borrower under the provisions of the Loan Documents, of which Lender is not aware. d. There are no defenses, set -offs or rights of defense, set -off or counterclaim whether legal, equitable or otherwise to the obligations evidenced by or set forth in the Loan Documents. e. All provisions of the Loan Documents are in full force and effect. 5, This Agreement does not evidence or represent in any way new indebtedness or satisfaction of the Loan. All provisions of the Loan Documents remain in full force and effect, ASSM P- 7- 29 -09 -V .3 4 except to the extent expressly provided in this Agreement for purposes of the assumption provided for herein, enforceable by the Lender against Assuming Borrowers. A default by Assuming Borrowers under any of the Loan Documents, or under this Agreement, is a default under all of them. Neither this Agreement nor anything contained herein is or should be construed to waive, limit or otherwise adversely affect any of the Lender's rights and;remedies under any of the Loan Documents, or otherwise at law or in equity, as to Assuming Borrowers or otherwise, as heretofore existing or as assumed in this Agreement, all of which are reserved by the Lender, and which are supplemented by any rights and remedies provided in this Agreement. 6. Assuming Borrowers hereby expressly agree that the Note, Mortgage and the ^tifity inter and any other collateral and security for the Loan granted in any of the Loan Documents are and will remain as collateral and security for the Loan, under and subject to the lien, operation and effect of the Loan Documents. 7. : Assuming Borrowers and Lender agree that the Note is hereby amended to provide that nothing therein to the contrary withstanding shall authorize interest on the unpaid principal balance at less than five (5 %) percent. In all other respects, the Note is hereby ratified, confirmed and approved by the Assuming Borrowers and Lender. 8... Except-as provided in the Loan Documents, Assuming Borrowers hereby unconditionally waive: (a) notice of acceptance of this Agreement by the Lender and any notice of the assumption of the Loan and all related obligations, agreements and liabilities; (b) presentment for payment, notice of non - payment, demand, protest, notice of protest and notice of dishonor or default to any party including Assuming Borrowers; (c) all other notice to which Assuming Borrowers may be entitled but which may legally be waived; (d) demand for payments as a condition of liability under this Agreement; (e) any disability of Original Borrower or defense (except the of payment) available to Original Borrower, including absence or cessation of ASSM P- 7- ?9- 09 -v.3 5 Original Borrower's liability for any reason whatsoever; (f) any defense or circumstance which might otherwise constitute a legal or equitable discharge of Original Borrower; (g) all rights under any state or federal statute dealing with or affecting the rights of creditors; (h) until the entire unpaid principal balance of the Loan, together with accrued interest thereon, late charges, and any and all other sums due or payable under or in connection with the Loan and'the Loan Documenfs', is paid in full, any right to subrogation or realization on any of the Mortgaged Property, and the security interests and any other collateral and security for the Loan, including participation in the marshalling of any such collateral and security. 9. This Agreement shall continue in force so long as any portion of the Loan or any sum due under or in connection with the Loan remains unpaid. 10.; Assuming Borrowers will execute such additional documents or instruments or take such further action as the Lender may reasonably request at any time to give effect to the purposes or provisions of this Agreement, including, but not limited to the documents set forth on Exhibit "B ", executed by the Assuming Borrowers and their guarantors hereinafter ( "Assuming Borrowers Loan Documents "). 11, The Lender may assign this Agreement, or any rights or interests hereunder, with any assignment of the.,,Loan, or the Loan Documents or any rights or interests thereunder: In the"-'' event of any such assignment, the assignee shall have the same rights and remedies as if originally named herein. This Agreement shall be governed by and construed according to the laws of the Commonwealth of Pennsylvania. This Agreement and Assuming Borrowers' obligations hereunder may not be partially or entirely assigned or transferred by Assuming Borrowers, without the prior written consent of the Lender, which shall not be unreasonably withheld, conditioned or delayed, so long as such assignment or transfer complies, at a minimum, with the following conditions: (a) Assuming Borrowers are not then in default of its obligations under or in ASSMP- 7- 29 -09 -V.3 6 ' connection with the Loan and the Loan Documents, and (b) so long as Assuming Borrowers remain in existence, Assuming Borrowers will remain liable to the Lender for the Loan, and (c) any such assignee or transferee assumes and agrees to pay the Loan and all other Obligations arising under or in connection with the Note and the other Loan Documents, and (d) any such assignee or transferee assumes and agrees to be bound byand to observe or perform the-provisions' of the Loan Documents, and (e) each Guaranty remains in force and effect, and (0 any such assignee or transferee is acceptable to the Lender in its sole discretion, financially and otherwise, and (g) Assuming Borrowers, and such assignee or transferee, and Guarantor, comply with such other requirements as Lender may reasonably impose to give effect to these provisions, and to protect the Lender's interests in repayment of the Loan and in the covenants, agreements, collateral and security therefor, and otherwise and respect to such transaction, and execute any and all agreements and documents which may reasonably require to give effect to these provisions and otherwise with respect to such transaction. 12. This Agreement and Assuming Borrowers' obligations hereunder are binding upon the successors and assigns of Assuming Borrowers. 13. This Agreement is delivered to and inures to the benefit of the .Lender, its successors .and ..assigns:. 14. If any provision of this Agreement shall for any reason be held invalid or unenforceable, no other provision shall be affected thereby, and this Agreement shalt be construed as if the invalid or unenforceable provision had never been a part of this Agreement. 15. Any capitalized teen used in this Agreement which is not otherwise defined in this Agreement shall have the meaning ascribed to such term in the Loan Documents or Assuming Borrowers Loan Documents. 16. This Agreement embodies the entire Agreement of the parties with regard to the ASSMP- 7- 29- 09 -V.3 7 subject matter hereof and cannot be changed except in writing signed by all parties. 17. The Lender hereby consents to the assumption by Assuming Borrowers, subject to the terms and conditions of the commitment letter dated July 29, 2009, execution of the Assuming Borrowers Loan Documents, and the following terms and conditions; a. .,Within forty- five'(45 ) days after the date of this Agreement, the'title insurance policy shall be issued, insuring the Lender that the assumed Mortgage is a first Mortgage against the mortgaged property. b. Simultaneously with execution of this Agreement, an opinion of Assuming Borrowers' counsel shall be delivered to Lender. C. Immediately following execution of this Agreement, the Assignment, Assumption, Consent and Release Agreement shall be recorded, at Assuming Borrowers' expense, with the Office of the Recorder of Deeds of Cumberland County, Pennsylvania. d. Simultaneously with execution of this Agreement, endorsements to the insurance policies required by the Mortgage shall be provided to the Lender reflecting the Assuming Borrowers. e. Simultaneously with execution of this Agreement, Assuming Borrowers shall pay or reimburse the Lender for, all costs, expenses and fees paid or incurred by'the Lender in the negotiation, preparation and implementation of this Agreement, including without limitation the Lender's reasonable attorneys' fees. f. Assuming Borrowers shall otherwise be in compliance with the provisions of this Agreement and the Loan Documents. nSShff' - All such items shall be in form and content. satisfactory to the Lender in its discretion: Failure by Assuming Borrowers to timely observe and perform each of these terms and conditions will be an immediate and automatic default under this Agreement and the Loan Documents, notwithstanding any provision contained in this Agreement or in any of the Loan Documents to the contrary. 18. The Lender will execute and deliver to Original Borrower's counsel UCC -3 termination statements for the Uniform Commercial Code financing statements identifying Original Borrower as debtor which are currently of record. t9. UPON THE OCCURRENCE OF A DEFAULT, UNDER THIS AGREEMENT OR THE LOAN DOCUMENTS ASSUMING BORROWERS HEREBY VOLUNTARILY, INTELLIGENTLY AND KNOWINGLY EMPOWERS THE PROTHONOTARY OR ANY ATTORNEY OF ANY COURT OF RECORD TO APPEAR FOR ASSUMING BORROWERS AND TO CONFESS JUDGMENT AS OFTEN AS NECESSARY AGAINST ASSUMING BORROWERS IN FAVOR OF LENDER OR THE HOLDER HEREOF, AT ANY TIME AND AS OF ANY TERM, FOR THE OUTSTANDING PRINCIPAL BALANCE OF THE LOAN PLUS INTEREST DUE THERRON, TOGETI-IER WITH COSTS OF LEGAL PROCEEDINGS AND AN ATTORNEYS' COMMISSION, WITH RELEASE OF ALL ERRORS. ASSUMING BORROWERS WAIVE ALL LAWS EXEMPTING REAL OR PERSONAL PROPERTY FROM EXECUTION. 20. Original Borrower hereby covenants and agrees that from and after the date hereof, Lender may deal with the Assuming Borrowers in all matters relating to the Loan and the Loan Documents and has no further duty or obligation to Original Borrower of any nature relating to the Loan or Loan Documents, other than the Guaranty ofDineshchandra G. Patel. ASSh1P- 1- 29 -09 -V.3 9 21. To induce the. Lender to enter into this Agreement, Original Borrower dnd" releases and forever discharges Lender and its officers, directors, attorneys, agents, and employees from any liability, damage, claim, loss or expense of any kind that it may have against Lender or any of them arising out of or relating to the Loan. Original Borrower further agrees to indemnify and hold Lender and its officers, directors, attorneys, agents and employees harmlessfrom ahy loss, damage, judgment, liability or expense (including attorneys' fees) suffered by or rendered against Lender or any of them on account of any claims arising out of or relating to the Loan. Original Borrower further states that it has carefully read the foregoing release and indemnity, knows the _contents thereof and grants the same as its own free act and deed, 22.: Original Borrower understands and intends that Lender and Assuming Borrowers shall rely on the representations, warranties and covenants contained herein. IN WITNESS WHEREOF, the undersigned have executed this Agreement as of the date first written above. True Green .}nes, LLC itne s Dines�a G. Patel, Authorized Member / Suite Dreams ,.LLC i s Farouk HcSA zi-. thorized Member Oakdale Suites, C Witness _ Farouk Heg�>, Authorized Member Attest: A eriC�'oicJE -al Cre dit Union Gary olan Officer ASWP- 7- 29.09-v.3 10 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND On this 29th day of July, 2009, before me, the undersigned, personally appeared Dineshchandra G. Patel whose name is subscribed to the within instrument, and acknowledged that he, executed the same for the purposes therein contained and capacity therein stated. IN WITNESS WHEREOF, I hereunto set my hand and officinal. , t l IAk(1l.SIi.�L TI F � 1 rl I. .,n �hl,nY. r.`orary Puhlic Notary Public :u U1111 hcrl;tnd conniy, 1'A ti.... f t.h ('um:ni.;uin t viu's Dec, 13.2- COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND On this 29 day of July, 2009, before me, the undersigned, personalty appeared Gary L. Holman whose name is subscribed to the within instrument, and acknowledged that he is the Loan Officer of AmeriChoice Federal Credit Union and executed the same for the purposes therein contained and the capacity therein stated. IN WITNESS WHEREOF, I hereunto set my hand and offici l seal. Nt I I \10 %L SFAI. Nota Public) KL•NFE L. NIURRAY. Notary Public Carlisle 13oro. cumhcrlrutd County, PA Ate ('onunrs: ion F\pir�• Dec. 13. 2009 t.� COMMONWEALTH OF PENNSYLVANIA • COUNTY OF CUMBERLAND On this 29th day of July, 2009, before me, the undersigned, personally appeared Dineschchandra G. Patel whose name is subscribed to the within instrument, and acknowledged that he is a Member of True Green Homes, LLC and executed the same for the purposes therein contained and the capacity therein stated. IN WITNESS WHEREOF, I hereunto set my hand and official ?13 1. � i - -- Notary Public kS IF.F l,. \41IRRAY. t~:nr;rrn Public I Carlisle 13nro, C:rnttl',.rlantl c orml.N•. P'. I `i t) Commi-inn [,pucs Sloe. 13. ASSMP-7-29-09-V.3 I 1 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND On this 29th day of July, 2009, before me, the undersigned, personally appeared Farouk Hegazi whose name is subscribed to the within instrument, and acknowledged that he is the Authorized Member of Suite Dreams, LLC and executed the same for the purposes therein contained and the capacity therein stated. IN WITNESS WHEREOF, I hereunto set my hand and officia4eal. } { RI \rI' i \ {Uit;\ t Y.,'tit ;tn S'uhliC � I ('a:liJc Rc•tn, ( "unihctl;ual (boon. I' \ ` Ai\ i'n;ntnt±,r, n I.� llc I i. ;i (t) Not 1 llc COMMONWEAL] T- — 0T'T NPQSVT_VANTA - - _ j ' COUNTY OF CUMBERLAND On this 29th day of July, 2009, before me, the undersigned, personally appeared Farouk Hegazi whose name is subscribed to the within instrument, and acknowledged that he is the Authorized Member of Oakdale Suites, LLC and executed the same for the purposes therein contained and the capacity therein stated. IN WITNESS WHEREOF, I hereunto set my hand and official seal. ( otary Public r RF',tr'1.1. W, X mar) I'uhliC Catli >k limn. ('unihalim -1 (lnntl}. I'.^ M (onnnis.nnr 1',�puc 1>ci: i 1. 011U AS5�14' -'1 -29 09 -V .3 12 EXHIBIT "A" Loan Documents The following documents between AmeriCboice Federal Credit Union ( "Lender ") and True Green Homes, LLC ( "Original Borrower ") are the Loan Documents: 1. Promissory Note dated August 20, 2008, in the original, principal amount of $4,000,000. 2.. - Mortgage dated August 20,.2008,:recorded August 22, 2008 to Instrument,No: . 200828593. 3. Hazardous Substance Certificate and Indemnity Agreement. 4. Business Loan Agreement. 5. Disbursement Request and Authorization. 6. Limited Liability Company Resolution to Borrow /Grant Collateral. 7. Notice of Final Agreement. ASS M P -7 -2 9- 09 -v.3 13 EXHIBIT "B" Assuming Borrowers' Loan Documents The following documents between AmeriChoice Federal Credit Union and Suite Dreams, LLC and others are the Assuming Borrowers' Loan Documents: 1.. Commercial Guaranty and Disclosure for Confession of Judgment of Farouk Hegazi,_, 2. Commercial Guaranty and Disclosure for Confession of Judgment of Wafaa Hegazi. 3. Commercial Security Agreement of Suite Dreams, LLC, together with Uniform Commercial Financing Statements to be filed with Department of State and Recorder of Deeds. 4. Commercial Security Agreement of Oakdale Suites, LLC, together with Uniform Commercial Financing Statements to be filed with Department of State and Recorder of Deeds. 5. Assignment of Rents of Oakdale Suites, LLC. 6. Limited Liability Company Resolution of Suite Dreams, LLC and Oakdale Suites, LLC. 7. Business Loan Agreement of Suite Dreams, LLC and Oakdale Suites, LLC. 8. Disbursement Request and Authorization of Suite Dreams, LLC and Oakdale Suites, LLC. 9. Agreement to Provide Insurance and Notice of Insurance Requirements of Suite Dreams, LLC and Oakdale Suites, LLC 10. As Agreement with AmeriChoice Federal Credit Union, et al. 11. Assignment, Assumption, Consent and Release Agreement with AmeriChoice Federal Credit Union, et al. ASSMI' -7 -29- 139 -V.3 14 After Recording, Return to: I 99 1,�� � Robert C. Saidis, Esq. n 26 West High Street Carlisle, PA 17013 001JK5 �` -'Or( - ��Cs - M�0 ASSIGNMENT, ASSUMPTION, CONSENT AND RELEASE AGREEMENT THIS AGREEMENT, is made'as of July 29, 2009, by and between True Green Homes, LLC, a Pennsylvania limited liability company, with a principal place of business at 1005 Azlen Lane, Chalfont, PA 18914 (hereinafter "Original Borrower ") and Suite Dreams, LLC, a Pennsylvania limited liability company, with a principal place of business at 1700 Harrisburg Pike, Carlisle, PA 17015 and Oakdale Suites, LLC, a Pennsylvania limited liability company, with an address of 1700 Harrisburg Pike,,Carlisle, PA 17015 ( hereinafter collectively "Assuming Borrowers ") and AmeriChoice Federal Credit Union, with a principal place of business at 2175 Bumble Bee Hollow Road, Mechanicsburg, PA 17055 (hereinafter "Lender "). RECITALS R.1. Lender is the holder of a Promissory Note dated August 20, 2008, executed and delivered by Original Borrower to Lender (hereinafter "Note ") to evidence a Commercial Mortgage Loan in the original principal amount of four million ($4,000,000.00) dollars (hereinafter "Loan ") ; R.2. The Loan is secured by a mortgage executed and delivered by the Original Borrower to the Lender dated August 20, 2008, recorded August 22, 2008 to Instrument No. 200828593 (hereinafter "Mortgage "). The Mortgage is a first lien on 1700 Harrisburg Pike, Middlesex Township, Cumberland County, PA 17015, as more particularly described therein (hereinafter "Mortgaged Property "); R.3. The Loan is evidenced and secured by the documents set forth in Exhibit "A ", referred to collectively in this Agreement as the "Loan Documents ". EXHIBIT ASGN.:ISSNIP,CON &REL- 7- 29 -09 -V.3 R.4. The Mortgaged Property has been sold to Assuming Borrowers by reason of an Asset Purchase Agreement; R.5. The Original Borrower and Assuming Borrowers have requested Lender to release Original Borrower from its obligation for and in connection with the Loan; R.6. The Lender has agreed to release Original Borrower from such obligations; subject to the provisions of this Agreement, the Assumption Agreement of even date herewith, which is incorporated herein by reference, and the documents set forth on Exhibit "B" executed by the Assuming Borrowers of even date herewith (hereinafter "Assuming .Borrowers Loan Documents ") AGREEMENT NOW THEREFORE, in consideration of the Recitals, which are an integral part of this Agreement, and of the agreements hereinafter set forth, and intending to be legally bound, the parties agree as follows: 1. The recitals above set forth are hereby incorporated by reference. 2. Assignment and Assumption by Original Borrower and Assuming Borrowers. Original Borrower hereby assigns and transfers to Assuming Borrowers, and Assuming Borrowers hereby:accept and assume from Original Borrower;: "as =is "_, without,. recourse and without representation or warranty of any kind, all of Original Borrower's rights, title, interests, indebtedness, duties, obligations and liabilities of any kind in, to, under and .for the Loan and the Loan Documents. 3. Assumption and Agreement of Assuming Borrowers with Lender. Assuming Borrowers hereby assume and agree to pay, observe, perform and discharge in full all of Original Borrower's indebtedness, obligations, liabilities, promises, covenants and'agreements for, under or in connection with the Loan and the Loan Documents to or for the benefit of Lender, as if Assuming Borrowers had themselves originally obtained the Loan and executed the Loan Documents. The Assuming Borrowers hereby assume and agree to pay the ASCN.ASSMP,CONRRLL- 7- 29- 09 -V.3 2 indebtedness evidence by the Loan Documents and to perform all obligations provided therein. It being agreed and understood that as of this date, the indebtedness is $ 3,876,552.50. 4. Release of Original Borrower by Lender. In consideration of Assuming Borrowers' agreements provided in Section 2, Lender hereby remises, releases and forever discharges Original Borrower fr s om�all of Original Borrower' ndebtedness, obligations, liabilities, promises, covenants and agreements for, under or in connection with the Loan and the Loan Documents effective on and after the date of this Agreement, and consents to the assignment and assumption thereof by Assuming Borrower. 5. Continuation of Obligations and Rights. Assuming Borrowers hereby acknowledge, affirm and confirm Assuming Borrowers' absolute and unconditional liability to make all payments and to observe and perform all of the duties, obligations and other agreements of Original Borrower under or in connection with the Loan and the Loan Documents, subject only to any express modification contained in this Agreement, the Assumption Agreement, and the Assuming Borrowers' Loan Documents. Assuming Borrowers hereby acknowledge and agree that Assuming Borrowers are primarily and directly liable for the Loan and related obligations without claim, counterclaim, right of recoupment, defense, setoff or deduction of any mature. This Agreement•does not..evidence:or represent in anyway new indebtedness or . satisfaction of the..Loan. All provisions of the Loan Documents remain in frill force and effect, enforceable by the Lender in accordance with the provisions of each of them, except as expressly modified hereby, including without limitation any provisions for confession of judgment, waiver of the right to trial by jury or venue or forum selection contained in any of the Loan Documents. Nothing contained in this Agreement waives or should be construed as a waiver of any of the Lender's rights and remedies under the Loan Documents, or at law or in= equity. 6. Incorporation of Loan Documents. All of the provisions of the Loan Documents, as modified hereby, are incorporated herein by reference and made a part hereof as if ASGN ASSMP.00N &R[1, 7.29- ()9 -V.3 3 set forth in full herein, and all of the provisions of this Agreement are incorporated into the Loan Documents and made a part thereof as if set forth in full therein. The provisions of this Agreement are and will be deemed to be supplemental to, and not in derogation of, the provisions of the Loan Documents, whenever possible. However, if there is any conflict or inconsistency between or among the provisions of the Loan Documents and this Agreement, the provision(s) detennined by " Lender to be applicable will govern and control. 7, Further Assurances. Original Borrower and Assuming Borrowers will execute and /or deliver to Lender such additional documents, agreements, information and materials, and will take such further action, as Lender may reasonably request at any time and from time to time to give effect to the purposes or provisions of this Agreement and the Loan Documents. 8. Amendment. No modification or amendment of any provision of this Agreement shall be effective unless in writing and signed by Original Borrower, Assuming Borrowers and Lender. 9. Governing Law; Jurisdiction. This Agreement has been delivered to and accepted by the Lender and will be deemed to be made in the Commonwealth of Pennsylvania. This Agreement will be interpreted in accordance with the laws of the Commonwealth of Pennsylvania excluding its conflict-of laws rules,,. OIRIGINAL BORROWER,AND ASSUMING BORROWERS EACH HEREBY IRREVOCABLY CONSENTS TO THE EXCLUSIVE JURISDICTION OF THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA, OR THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA, and Original Borrower and Assuming Borrowers each acknowledges and agrees that the venue provided above is the most convenient forum for the Lender, Original Borrower and Assuming Borrowers. Original Borrower and Assuming Borrowers each waives any objection to venue and any objection based on a more convenient forum in any action instituted under this Agreement. ASGN.ASSMP,C0N &REL- 7- 29- 09 -V.3 4 10. Benefit of Agreement. This Agreement shall inure to the benefit of Original Borrower, Assuming Borrowers and Lender, and their respective successors and assigns, and shall be binding upon Original Borrower, Assuming. Borrowers and Lender and their respective successors and assigns. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and year first above written. AME ICE FEDERAL CREDIT UNION . By; Gary , Holman, Loan Officer TRUE GREE� O ES, L By. _. �' Dinesficha dra G. Patel, Authorized Member SUITE DREAMS, LLC Farouk i, Authorized Member OAKDALE SUITES, LLC �BY Farou. azi, Authorized Member ASGN.ASSMP,CON &RE - 29- 09 -V.3 5 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND On this 29th day of July, 2009, before me, the undersigned, personally appeared Dineshchandra G. Patel whose name is subscribed to the within instrument, and acknowledged that he executed the same for the purposes therein contained and capacity therein stated. IN WITNESS WHEREOF, I hereunto set my hand and official seAI). Notary Public NU7'AR1AL SEAL RENEE: L. HURRAY, Notary Public ` C:utlis►C Nnro, Cumberland County, PA ,vly Commission f ?spires Dec, F1, 2009 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND _ On this 29` day of July, 2009, before me, the undersigned, personally appeared Gary L. Holman whose name is subscribed to the within instrument, and acknowledged that he is the Loan Officer of AmeriChoice Federal Credit Union and executed the same for the purposes therein contained and the capacity therein stated. IN WITNESS WHEREOF, I hereunto set my hand and official 1. N tart' Public l ,vLir -�RLAL SI AL ,.. RF.NFF 1., NII Nntan Publi Cailisic Rrnn. ('mnhcrland COIInj� 1' %1 W COmmissiun Expires Dcc. COMMONWEALTH OF PENNSYLVANIA - - - - -- COUNTY OF CUMBERLAND On this 29th day of July, 2009, before me, the undersigned, personally appeared Dineschchandra G. Patel whose name is subscribed to the within instrument, and acknowledged that he is a Member of True Green Homes, LLC and executed the same for the purposes therein contained and the capacity therein stated. IN WITNESS WHEREOF, I hereunto set my hand and official�&e l. N ary Public 1 N IIARIALSFiAL MI'RRAY, Notan Puhh, c'arlisk 11mo. ComhcrL•md C'oma,. � \I. ('mm�uai =m } \pins Ucc. l.; .'un• i ASGN.ASSMP,CON &RFG7- 29- (39 -v.3 6 ` -- -- -- COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND On this 29th day of July, 2009, before me, the undersigned, personally appeared Farouk Hegazi whose name is subscribed to the within instrument, and acknowledged that he is the Authorized Member of Suite Dreams, LLC and executed the same for the purposes therein contained and the capacity therein stated. IN WITNESS WHEREOF, I hereunto set my hand and official ?� N ary Public COMMONWEALTH OF PENNSYLVANIA F R . 1 1 r N 'JL Horo, iti: (nnnnistinn k:�.. it•., COUNTY OF CUMBERLAND On this 29th day of July, 2009, before me, the undersigned, personally appeared Farouk Hegazi whose name is subscribed to the within instrument, and acknowledged that he is the Authorized Member of Oakdale Suites, LLC and executed the same for the purposes therein contained and the capacity therein stated. IN WITNESS WHEREOF, .I hereunto set my hand and officM seal. i -G41.% ��.-t J1 . otary Public 1 / J RENT'r . .. earl :. ,i : !':1 N1l +r, lire I.t, X11 ±ICJ ASON.ASSMP ,COT' &Rrl-- 7- 29 -09 -\ 7 EXHIBIT "A" Loan Documents The following documents between AmeriChoice Federal Credit Union ( "Lender ") and True Green Homes, LLC ( "Original Borrower ") are the Loan Documents: I . Promissory Note dated August 20, 2008, in the original, principal amount of $4,000,000. 2. ' Mortgage dated August 20, 2008, recorded August 22, 2008 to Instrument No. 200828593. 3. Hazardous Substance Certificate and Indemnity Agreement. 4. Business Loan Agreement. 5. Disbursement Request and Authorization. 6. Limited Liability Company Resolution to Borrow /Grant Collateral. 7. Notice of Final Agreement. Asc�.ASSMP,c0N 294)9-v3 2 EXHIBIT "B" Assuming Borrowers' Loan Documents The following documents between AmeriChoice Federal Credit Union and Suite Dreams, LLC and others are the Assuming Borrowers' Loan Documents: 1: Commercial Guaranty and for Confession of Judgment of Farouk Hcga'zi.` 2. Commercial Guaranty and Disclosure for Confession of Judgment of Wafaa Hegazi. 3. Commercial Security Agreement of Suite Dreams, LLC, together with Uniform Commercial Financing Statements to be filed with Department of State and Recorder of Deeds. 4. Commercial Security Agreement of Oakdale Suites, LLC, together with Uniform Commercial Financing Statements to be filed with Department of State and Recorder of Deeds. 5. Assignment of Rents of Oakdale Suites, LLC. 6. Limited Liability Company Resolution of Suite Dreams, LLC and Oakdale Suites, LLC. 7. Business Loan Agreement of Suite Dreams, LLC and Oakdale Suites, LLC. .8. Disbursement Request and Authorization of Suite Dreams, LLC and Oakdale Suites, LLC. 9. Agreement to Provide Insurance and Notice of Insurance Requirements of Suite Dreams, LLC and Oakdale Suites, LLC 10. Assumption Agreement with AmeriChoice Federal Credit Union, et al. 11. Assignment, Assumption, Consent and Release Agreement with AmeriChoice Federal Credit Union, et al. ASGN ASSMUON &RF1- 7•:9.09 -V.3 9 ROBERT P. ZIEGLER RECORDER OF DEEDS CUMBERLAND COUNTY 1 COURTHOUSE SQUARE _ - ----- i CARLISLE, PA 17013 -_ a 717- 240 -6370 Instrument Number 200929987 Recorded On 8/27/20 09 At 10:00:22 AM * Total Pages -10 * Instrument Type - ASSIGNMENT OF MORTGAGE Invoice Number - 51187 User ED - RAK * Mortgagor - OAKDALE SUITES LLC * Mortgagee - AMERICHOICE FEDERAL CREDIT UNION * Customer - SANS * FEES STATE— WRIT..,TAX $0.50 C ertification Page - STATE JCS /ACCESS TO $10.00 JUSTICE DO NOT DETACH RECORDING FEES.— $22.00 RECORDER OF DEEDS PARCEL CERTIFICATION $10.00 This page is now part FEES of this legal document. COUNTY ARCHIVES FEE $2.00 ROD ARCHIVES FEE $3.00 TOTAL PAID $47.50 I Certify this to be recorded in Cumberland County PA ya p CU,NAQ ,o O �-EDS . / ° RECORDER 1730 - Information denoted by an asterisk may change during the verification process and may not be reflected on this page. 001JK ��I IIIIIIIII II iIII Itl l l DISCLOSURE FOR CONFESSION OF JUDGMENT Pfinclpal loan, Date' Maturity t;oah No Call ICc11 A:�count Uffitc'er tn(tlals $3i876,5 .5'0 07 -29- 009 ..... GLIi References in the boxes above are for Lender's use only and do not limit the applicability of this document to any particular loan or item. Ariy item above containing " " "" has been emitted due to text length limitations. Borrower: Suite Dreams, LLC Lender: AmeriChoice Federal Credit Union Oakdale Suites, LLC 2175 Bumble Bee Hollow Road 1700 Harrisburg Pike Mechanicsburg, PA 17055 Carlisle, PA 170 15- Declarant: Suite Dreams, LLC 1700 Harrisburg Pike Carllsle, PA 17015 DISCLOSURE FOR CONFESSION OF JUDGMENT THE UNDERSIGNED IS EXECUTING ON BEHALF OF DECLARANT, THIS DAY OF V ✓��� 200, A PROMISSORY NOTE FOR $3,875,552.50 OBLIGATING DECLARANNT TO REPAY THAT AMOUNT. A. THE UNDERSIGNED UNDERSTANDS THAT THE NOTE CONTAINS A LION OF JUDGMENT PROVISION THAT WOULD PERMIT LENDER TO ENTER JUDGMENT AGAINST DECLARANT IN COURT, AFTER A DEFAULT ON THE NOTE, WITHOUT ADVANCE NOTICE TO DECLARANT AND WITHOUT OFFERING DECLARANT AN OPPORTUNITY TO DEFEND AGAINST THE ENTRY OF JUDGMENT. IN EXECUTING THE NOTE, BEING FULLY AWARE OF DECLARANTS RIGHTS TO ADVANCE NOTICE AND TO A HEARING TO CONTEST THE VALIDITY OF ANY JUDGMENT OR' OTHER" CLAIMS THAT 'LENDER , MAY ASSERT'AGAINST DECLARANT. UNDER - .THE'.NOTE, THE UNDERSIGNED; ON BEHALF OF THE DECLARANT, IS KNOWINGLY, INTELLIGENTLY, AND VOLUNTARILY WAIVING THESE RIGHTS, INCLUDING ANY RIGHT TO ADVANCE NOTICE OF THE ENTRY OF JUDGMENT, AND THE UNDERSIGNED EXPRESSLY AGREES AND CONSENTS TO LENDER'S ENTERING JUDGMENT AGAINST BY CONFESSION AS PROVIDED FOR IN THE CONFESSION OF JUDGMENT PROVISION. INITIALS: - ✓''' B. THE UNDERSIGNED FURTHER UNDERSTANDS THAT IN ADDITION TO GIVING LENDER THE RIGHT TO ENTER JUDGMENT AGAINST DECLARANT WITHOUT ADVANCE NOTICE OR A HEARING, THE CONFESSION OF JUDGMENT PROVISION IN THE NOTE ALSO CONTAINS LANGUAGE THAT WOULD PERMIT LENDER, AFTER ENTRY OF JUDGMENT, AGAIN WITHOUT EITHER ADVANCE NOTICE OR A HEARING, TO EXECUTE ON THE JUDGMENTsBY FORECLOSING UPON, ATTACHING, LEVYING ON, TAKING POSSESSION OF OR OTHERWISE SEIZING DECLARANTS PROPERTY, IN FULL OR PARTIAL PAYMENT OF THE JUDGMENT. IN EXECUTING THE NOTE, BEING FULLY AWARE OF DECLARANTS RIGHTS TO ADVANCE NOTICE AND A HEARING AFTER JUDGMENT IS ENTERED AND BEFORE EXECUTION ON THE JUDGMENT, THE UNDERSIGNED, ON BEHALF OF THE DECLARANT, IS KNOWINGLY, INTELLIGENTLY AND VOLUNTARILY WAIVING THESE RIGHTS, AND THE UNDERSIGNED EXPRESSLY AGREES AND CONSENTS TO LENDER'S IMMEDIATELY EXECUTING ON THE JUDGMENT IN ANY MANNERPED BY APPLICABLE STATE AND FEDERAL LAW, WITHOUT GIVING DECLARANT ANY ADVANCE NOTICE. INITIALS: r C. AFTER -HAVING READ AND DETERMINED' WHICH OF THE" FOLLOWING STATEMENTS` ARE APPLICABLE; BY INITIALING EACH - STATEMENT THAT APPLIES, THE UNDERSIGNED REPRESENTS THAT: INITIAL 1. DECLARANT WAS REPRESENTED BY DECLARANT'S OWN INDEPENDENT LEGAL COUNSEL IN CONNECTION WITH THE NOTE. 1 f6l/ 2. A REPRESENTATIVE OF LENDER SPECIFICALLY CALLED THE CONFESSION OF JUDGMENT PROVISION IN THE NOTE TO DECLARANTS ATTENTION. THIS DISCLOSURE IS GIVEN UNDER SEAL AND IT IS INTENDED THAT THIS DISCLOSURE IS AND SHALL CONSTITUTE AND HAVE THE EFFECT OF A SEALED INSTRUMENT ACCORDING TO LAW. DECLARANT: i SUITE DREAMS, LLC By: (Seal) Farouk Hegazi, McMb o6ite Dreams, LLC 1A101 t.ap ,,..n:.v I., ..f 11.1 Cep - EXHIBIT DISCLOSURE FOR CONFESSION OF JUDGMENT Pr netpal l:oa�i Date T041u�lty 'Loan No Calt` 611 Account Officer Initials $3 876 °07 -29 -2009 D8 -20- 20'18. °A GL}{ References in the boxes above are for Lender's use only and do not limit the applicability of this document to any particular loan or item. Ariy item above containing "' ""' has been omitted due to text length limitations. Borrower: Suite Dreams, LLC Lender: AmeriCholce Federal Credit Union Oakdale Suites, LLC 2175 Bumble Bee Hollow Road 1700 Harrisburg Pike Mechanicsburg, PA 17055 Carilsle, PA 17015 Declarant: Oakdale Suites, LLC 1700 Harrisburg Pike Cadlsle, PA 17015 DISCLOSURE FOR CONFESSION OF JUDGMENT THE UNDERSIGNED IS EXECUTING ON BEHALF OF DECLARANT, THI DAY OF _� 1/L t 1 20 v A PROMISSORY NOTE FOR $3,876,552.50 OBLIGATING DECLARANT TO REPAY THAT AMOUNT. A. TI UNDETLSIGNED UNDE7STANDS THAT THE NOTE / CONTAINS A CONFESSION OF JUDGMENT PROVISION THAT WOULD PERMIT LENDER TO ENTER JUDGMENT AGAINST DECLARANT IN COURT, AFTER A DEFAULT ON THE NOTE, WITHOUT ADVANCE NOTICE TO DECLARANT AND WITHOUT OFFERING DECLARANT AN OPPORTUNITY TO DEFEND AGAINST THE ENTRY OF JUDGMENT. IN EXECUTING THE NOTE, BEING FULLY AWARE OF DECLARANTS RIGHTS TO ADVANCE NOTICE AND TO A HEARING TO CONTEST THE VALIDITY OF ANY JUDGMENT-OR OTHER CLAIMS THAT; LENDER MAY ASSERT• AGAINST DECLARANT UNDER THE• NOTE, •THE UNDERSIGNED, ON—- BEHALF OF THE DECLARANT, IS KNOWINGLY, INTELLIGENTLY, AND VOLUNTARILY WAIVING THESE RIGHTS, INCLUDING ANY RIGHT TO ADVANCE NOTICE OF THE ENTRY OF JUDGMENT, AND THE UNDERSIGNED EXPRESSLY AGREES AND CONSENTS TO LENDER'S ENTERING JUDGMENT AGAINST. CLARANT BY CONFESSION AS PROVIDED FOR IN THE CONFESSION OF JUDGMENT PROVISION. a. INITIALS: B. THE UNDERSIGNED FURTHER UNDERSTANDS THAT IN ADDITION TO GIVING LENDER THE RIGHT TO ENTER JUDGMENT AGAINST DECLARANT WITHOUT ADVANCE NOTICE OR A HEARING, THE CONFESSION OF JUDGMENT PROVISION IN THE NOTE ALSO CONTAINS LANGUAGE THAT WOULD PERMIT LENDER, AFTER ENTRY OF JUDGMENT, AGAIN WITHOUT EITHER ADVANCE NOTICE OR A HEARING, TO EXECUTE ON THE JUDGMENT BY FORECLOSING UPON, ATTACHING, LEVYING ON, TAKING POSSESSION OF OR OTHERWISE SEIZING DECLARANT'S PROPERTY, IN .FULL OR PARTIAL PAYMENT OF THE JUDGMENT. IN EXECUTING THE NOTE, BEING FULLY AWARE OF DECLARANTS RIGHTS TO Ab..VANCE NOTICE AND A HEARING AFTER JUDGMENT IS ENTERED AND BEFORE EXECUTION ON THE JUDGMENT, THE UNDERSIGNED, ON BEHALF OF THE DECLARANT; IS KNOWINGLY, INTELLIGENTLY AND VOLUNTARILY WAIVING THESE RIGHTS, AND THE UNDERSIGNED EXPRESSLY AGREES AND CONSENTS TO LENDER'S IMMEDIATELY EXECUTING ON THE JUDGMENT IN ANY MANNER PERM ED BY APPLICABLE STATE AND FEDERAL LAW, WITHOUT GIVING DECLARANT ANY ADVANCE NOTICE. INITIALS: C. AFTER HAVING READ AND DETERMINED WHICH OF THE FOLLOWING STATEMENTS ARE APPLICABLE, BY INITIALING EACH. STATEMENT THAT APPLIES, THE UNDERSIGNED REPRESENTS THAT: INMAL$ K JJ' 1. DECLARANT WAS REPRESENTED BY DECLARANT'S OWN INDEPENDENT LEGAL COUNSEL IN CONNECTION WITH THE NOTE. i 2. A REPRESENTATIVE OF LENDER SPECIFICALLY CALLED THE CONFESSION OF JUDGMENT PROVISION IN THE NOTE TO DECLARANTS ATTENTION. I THIS DISCLOSURE IS GIVEN UNDER SEAL AND IT IS INTENDED THAT THIS DISCLOSURE IS AND SHALL CONSTITUTE AND HAVE THE EFFECT OF A SEALED INSTRUMENT ACCORDING TO LAW. DECLARANT: OAKDALE SUITES, LC _� By:"-- -- Z Z Seal) Farouk Hegazi'_b1e7r of Oakdale Suites, LLC EXHIBIT i_LLZ OAKDALE SUITES REDACTED BUSINESS LOAN Payo f f 02/10/2014 Principal Balance: 3,365,732..42 Interest Type- Actual /360 Payoff on 02/10/2014 vs. 08/20/2018 Interest Rate: 5.000 Interest Due: 52,823.30`' One Days Interest: 467.4628 52,8233 Due Date: 11/20/2013 3,422,597.4 ;— Amount Past Due by Payoff Date: 80,833.83 02/10/2014 0 0 } ' Past Due Payment Count: 3 i Late Charge Due: 4,041.68 729,082.84 1 4,098,856.94 08120/201 0 i ! 1 e z i 0 2,000,000 4,000,000 6,000,000 C? Total Interest RM, Total Amount ® Total Sales Tax 11�. Tota I nsurance Page 1 AMERICHOICE FEDERAL, IN THE COURT OF COMMON PLEAS CREDIT UNION CUMBERLAND COUNTY Plaintiff, V. p- SUITE DREAMS, LLC, and No.: q— r d c KPI �G! OAKDALE SUITES, LLC, Confession of Judgment Defendants Complaint pursuant to Pa.R.C.P. 2952 VERIFICATION I hereby verify that the statements of fact made in the foregoing documents are true and correct to the best of my knowledge, information and belief. I understand that any false statements therein are subject to the criminal penalties contained in 18 Pa C. S. § 4904, relating to unsworn falsification to authorities. Date: ohn Needs Executive Vice Pres. of Mortgage and Business Lending AmeriChoice Federal Credit Union C-) c -,„ =M U) = % >�. CJ ~r 1 � t' L"E' J Darrell C. Dethlefs, Esquire 9 } t �' ID # 58805 Dethlefs- Pykosh Law Group, LLC 20 FEB I I FM 2' El' 1 2132 Market Street Camp Hill, Pennsylvania 17011 CUMBERLAND COUN Telephone — (717) 975 -9446 P E NNS Y LVAN I A Fax — (717) 975 -2309 DDethlefs(a;aol.com AMERICHOICE FEDERAL, IN THE COURT OF COMMON PLEAS CREDIT UNION CUMBERLAND COUNTY Plaintiff, V . SUITE DREAMS, LLC, and No.. OAKDALE SUITES, LLC, Confession of Judgment Defendants Complaint pursuant to Pa.R.C.P. 2952 Certificate of Residence pursuant to Pa. R.C.P. 2951(a)(2) I, Darrell C. Dethlefs, Esquire, hereby certify, based upon research conducted by me and a review of documents provided to me that the addresses of the parties are as follows: 1. Plaintiff, AmeriChoice Federal Credit Union, is a business existing under the laws of the Commonwealth of Pennsylvania, with its principal office located at 2175 Bumble Bee Hollow Road, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. Defendant, Suite Dreams, LLC, is a Pennsylvania limited liability company with a principal place of business at 1700 Harrisburg Pike, Carlisle, Pennsylvania, 17015. 3. Defendant, Oakdale Suites, LLC, is a Pennsylvania limited liability company with a registered address of 1700 Harrisburg Pike, Carlisle, Pennsylvania, 17015. Dated: Darrell . ethlefs, Esquire DETHLEFS- PYKOSH LAW GROUP, LLC Attorney Id. No.: 58805 2132 Market Street Camp Hill, PA 17011 Telephone (717) 975 -9446 Ddethlefs @aol.com Page 1 AMERICHOICE FEDERAL IN THE COURT OF COMMON PLEAS CREDIT UNION CUMBERLAND COUNTY Plaintiff, V. SUITE DREAMS, LLC, and No.: OAKDALE SUITES, LLC Confession of Judgment Defendants Complaint pursuant to Pa.R.C.P. 2952 AFFIDAVIT OF NON - MILITARY SERVICE John Needs verifies that he is a representative of the plaintiff in the above matter; that he personally knows that the defendant, Suite Dreams, LLC is a Pennsylvania Limited Liability Company, which presently has an address of 1700 Harrisburg Pike, Carlisle, Pennsylvania, 17055. John Needs further verifies that defendant is not in the military or naval service of the United States or its allies or otherwise within the provisions of the Service Members' Civil Relief Act of 2003. John Needs understands that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date: � � l � _ l "� -11 6 " hn Needs Executive Vice Pres. of Mortgage and Business Lending AmeriChoice Federal Credit Union R M rTi -< c v r CD CD {' ";7 Xr- r AME.RICHOICE FEDERAL IN THE COURT OF COMMON PLEAS CREDIT UNION CUMBERLAND COUNTY Plaintiff, v. SUITE DREAMS, LLC, and No.: rid n , ! OAKDALE SUITES, LLC Confession of Judgment Defendants Complaint pursuant to Pa.R.C.P. 2952 AFFIDAVIT OF NON - MILITARY SERVICE John Needs verifies that he is a representative of the plaintiff in the above matter; that he personally knows that the defendant, Oakdale Suites, LLC is a Pennsylvania Limited Liability Company, which presently has an address of 1700 Harrisburg Pike, Carlisle, Pennsylvania, 17055. John Needs further verifies that defendant is not in the military or naval service of the United States or its allies or otherwise within the provisions of the Service Members' Civil Relief Act of 2003. John Needs understands that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to uthorities. Date: 1 � < < John Needs Executive Vice Pres. of Mortgage and Business Lending AmeriChoice Federal Credit Union C - -i Z7;' — Q C �7 C a b p -r SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson w ; 1 Sheriff .., �„vo l rahtr ' Jody S Smith f�} ' IL r � 25 Pt (F Chief Deputy Richard W Stewart CUMBER'B ,nt° 'r Solicitor PENN$Y t l.VANI Americhoice Federal Credit Union vs. Case Number Suite Dreams, LLC (et al.) 2014-800 SHERIFF'S RETURN OF SERVICE 02/18/2014 03:05 PM - Deputy William Cline, being duly sworn according to law, served the requested Complaint in Confession of Judgment by handing a true copy to a person representing themselves to be Farouk Hegazi, owner,who accepted as"Adult Person in Charge"for Oakdale Suites, LLC t 1700 Harrisburg Pike, Middlesex Township, Carlisle, PA 17015. ILLIAM CLINE, DEPUTY 02/18/2014 03:05 PM - Deputy William Cline, being duly sworn according to law, served the requested Complaint in Confession of Judgment by handing a true copy to a person representing themselves to be Farouk Hegazi, owner, who accepted as"Adult Person in Charge"for Suite Dreams, LLC at 1700 Harrisburg Pike, Middlesex Township, Carlisle, PA 17015. (0, CLINE, DEPUTY SHERIFF COST: $51.24 SO ANSWERS, February 19, 2014 RONNY R ANDERSON, SHERIFF ny_,u ,°•Jnfi )S,`t '..,.