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BINGAMAN, HESS, COBLENTZ & BELL, P.C.
By: Karen Feryo Longenecker, Esquire
Identification No. 47093
660 Penn Square Center
601 Penn Street
P.O. Box 61
Reading, PA 19603-0061
(610) 374-8377
Attorney for Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CORESTATES BANK, N.A.,
successor by merger to
MERIDIAN BANK,
Plaintiff
No.
VS.
STEVEN A. FAILOR and
CYNTHIA L. FAILOR,
Defendants
CIVIL ACTION - LAW
CONFESSION OF JUDGMENT
COMPLAINT IN CONFESSION OF JUDGMENT
1. The Plaintiff is CoreStates Bank, N.A., successor by
merger to Meridian Bank, a national banking association with a
principal office at 1345 Chestnut Street, Philadelphia,
Pennsylvania 19101 (hereinafter the "Bank").
2. The Defendants, Steven A. Failor and Cynthia L. Failor
are adult individuals residing at 525 Mt. Rock Road, Newville,
Cumberland County, Pennsylvania 17241.
3. On May 18, 1994, Steven A. Failor and Cynthia L. Failor
executed and delivered to Meridian Bank now by merger CoreStates
Bank, N.A., a Promissory Note in the original principal amount of
$60,000.00 (the "Note") under which the Defendants have
authorized confession of judgment. A true and correct copy of
the Note is attached hereto as Exhibit A and incorporated herein
by reference.
4. The Bank has not assigned the Note and is the holder
J
.
,
1.
thereof.
5. Judgment has not been entered on the Note in any
jurisdiction.
6. Judgment is not being entered against a natural person
in a consumer transation.
7. The Defendants are in default of the obligations under
the terms of the Note by reason of their failure to make the
payments when due, despite demand, thereby constituting an event
of default under the Note.
B. The Defendants are liable to the Bank on the Note as
follows:
Unpaid principal:
Interest as of 1/2/96 at
Meridian Bank's National Commercial
Rate plus 1.75% per annum
($16.67 per diem):
Late Charges:
Attorneys' fees of 5%:
$60,000.00
4,100.00
105.00
3.000.00
$67,205.00
TOTAL AMOUNT DUE:
together with interest from January 2, 1997 forward at CoreStates
Bank's National Commercial Rate plus 1.75% ($16.67 per dieml,late
charges and costs of this action.
WHEREFORE, the Plaintiff demands judgment against the
Defendants, Steven A. Failor and Cynthia L. Failor, jointly and
severally, in the total amount of $67,205.00 together with
~
$ 60,000.00
Mav LB. L994
FOR VAlUE RECENED, Und..vgnecl, inl.ndlng 10 b, 1~1l'V bound, pfQI'I'II&ft
h""'ng an oIft<, It 3~ North ShrtPl SltHt. RtIdII'l9. Ptf'l~'''lh' pMtlp""um of
10 paY'. 10 the Old., of M~'an 8&rI1l ('Ban"', .. P'''''syt.tMi, b.&tllOng l;Orpol'l!lOn
Sixty Thousand and 00/100
OoIlanl pay~' U ~"' rMlcM', M'" It'IIet'nt acctUtt1g ..
ItI.,all. H,rldl8n Bank'. Nltlonal CotrrnerclIl Rate . 1./)~
pel annum W1UI pua.lnl'rnc IIWI be c.ompullCl an b DUll of tn. adl.lAl nurn~ of a.ys 1111"1 c.&l.nclaty.., CIMclI'd t3y 380.
'IN INIItI'It rll' Nt toM.oow. it,..,tNMed 10 eAA., Banlt'. NaiIonat Convnerd.aI All., lac&I eomm.rc~ fW. ot ,t.g11W1I1MIl ComtMtCaeI Rall, UN:IeBigned~" and 19'"'''* (l) ""'"
tef.~,.. II. fIo.ang MtlUaI fill of V1l1fn1 thalli d.-gnall'd from tlmt to tIIM by e... UIM 'National Commercial Rei,' ~ CommerdaI Rat,' or '~nwaur.. ComlMfaal Ru.: U"'I c.&M
rMf Nt and" uucI by laM... ~ ,..1IlIU'l Mped to d".....InI.,.. nil" chIIpdto ~ ~Q IM,.a, clint".. p~ ~...1haI cflangl awnulanllOUl'f and aaAomabC&Iy upon
8n'f CI\ItlgtIIn aoICtl ~ ralr, ItId PI) aICI'I rI'fMnced tIII'lN'Y' not be the ~,... wNcft BIt\ll mMn loam to athef bclmJwen.
REPAYMENT TERMS
1. (SItIvtt ~ PIl)'M"I L.lMnJ Inl.,.. on Itllun9tJd pMClp-'II dWand P-r-**
clth'Ul'IpMi~and 1rUMiI1I....1nd ~on
2. p.c.n...nm.Nole) Th. U un lldutand ~ in_ depon
3. (Demand LoanJ Ire.... on IN Ul'IPfId pMd~" eM and ~.
pMdP..and....If'IlII....Md~on dMNnd.
4. p.dI ~ ."...... on the ~ pMl:ip<aIlI dul and payaDle monthlv ~1nnIng Julv ,. 1994 . Thl Iui un 01 tt1,
""paW ~ 1M '"'...... due and ~ond.m.nd .1Mll rM/ft\Utl ~ and ~ 10 Uncllft9'll'd.. Und..-gned!Nt l'I'QUeIlln acconIanc.Mlh,
and "'~ Io,!he ~ oIth11 Nell. and eI't 0lMt' ~ docur'IlMtaot ~ ..eaAed WI ~ '*""-h and ~ 1f'Ienoto, and IIf'f nttnltoM, II'IOGIftc.atIonI OfJ'tMlldlt
th..-eoI and ~ 1MnIfot, ptCMded~, tNI!he ctIdIC to .Illended"'" NIl naM the pMCI~ -.Mn..,teI &blM11nd tl.ICh cornnWn.... rnrt 11IfmlNI. tlBanlI't ~
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5.(InIIaImenI ~ Pr\nCI~ and Int.... ItI en.. and ~ In
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...,:l4>...:\.~ InIU.IIMta of
. OM Iln&I pcymtfC cllIf'i rerrwrung I.Wlpaid princllMI and 6nI..... II eM and ~ on
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1tI__ t..oMl PTIndpa,I II dUll and ~
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~JICIlM ItltIaIIrrItnII of
. tnt...... on Iht unp&W ~ II due and peyllble
tog'" WIth II'f r.manng ptIndpIl and ecautd InttrwI . ~ and~'
Und~ II..IChOfttI'I Bank 10 chaIV' .. d.poIlI accowc' ~ 123-8009 kit fit ~ 01 pMcIe* and/Of Itlt""' IMf'tundtt. UnOetI6gntellNll GWe . 1&1. paymtt'Il: chargo
equaltalhe ral" 01 5"'01 the unpa6d aInClUnI 01." IdMduItd paymenI 0I11ll.ClQ,""""'" ~ allM tnCIrt r.moIolnl due on II'f lSG.1I notl'tOtfwd by Ben.on IUCtl da..
UABIUTlES
The I"," ~ mMI'II the ~ and Inl... ewMnc:.ed by thiI Nell. .,.. .. oaw lJ.ablIIUtrI 01 ~ntellO a.n.. """'* htNundtt Of ~" 'IJlhtU'Itf rlOlIr .utdng 0I1\tt'e-'\"
Incund, JNNrtd Of urvNtUftd, dIrec:I at~"'" jcMnI at"""" IiINtMf ct..led,..", 01 KqYNd by aaagnrnenI 01 ClCherMM, Indud1ng all,.. and rucw. MMnCtI 01 ~ and """
.Ill""'" ~ at,.,..,...lJWwcI and ~ thtmClt; II a.rnountI ~ by Bani. ~"on bth&i' oIUncstt-'lIMd: dIU chuV'" penalIIM,"" and CilhelJUCft aunadu.
undtt' IhII Ncn 01 ClCIWMM;.......... (inducing f",..Jlr..A..loIt F... and eo...".,.,.... dtftMd11newNd by IM\lI ~ frDm Of rwtud 10"" hUudouI mIIttIM OI~ odMQ\lf.~
~ III 11ft rwal Pf'OP"IYOfiIIIIINd otooc:ucMd b'fUl~~...d. and aloIBan"IU*llIIdnPtt'IMIIna.ft"td In~WlthtN..."....':"'L",,"and COlItcdon 0It:he~ 1&blIlItts.'llhWW0f
noli .. IIlntatuled, and YiINCMf Of no! benlrNJltCY 01 ~ ~ Jl ... ~ been htUtuted by ot IIG-- Uncl~. 1nduesln9, fIlIthol.A 1rnItdon, rwUONb6t ,... and COItII 01 ~
~.cc:ountantI. ~ Md ocrw prQInIionalI ('V....\._...'", and ea.'.M"""'" ~ by a.n. Mfwnd"on behai'ofUnd~ned and dothtt'I-,coaa. and npenut
Incumld by ...,. and IncludtcIIn 1M U&biIIDta thaIl be due and peyabIt lIpcII1 dtmInl&.1IlIItl1nl.... III an .,.,.".. nt. ...nICtl .".. be fWa pwcent ~ ~ the ,.. 0I1nttftt1 Q1h~ peyatll.
htrIundw, tram fit dIIIt 01 ~ by IW\III.W'd paid In u.
COUJ.TERAI.
AI eoa.teral ~ del'1MG) it ncunly lot:I'M UablIIUn. The l.nn "CoIIaI:.rarlnclud. II tInglbIt and ItItM;tbIt CWOPM;' tII deecntMd In IIf'f mott;8g' Of oU'Mt MCUtIly ctocum.... MOIndef)' ...cuItd by
Undttl6gMd In connecdon....n the u.biIIIItII in r.wot 01 BanlI rsecurwv Oocwn.,.." .-.d \III In \IlIt1Ich Undfl'll9Md "_lIt1t'1llC1 . MCUnty Int.,.. la BMlI pUt'IU&t'4 ta this Hal.. Undfl'll9ned i,antt
SantI atltCl.lf1ty 1nI,,", In" tl'lONtI., ~ ancIalhtt'praperf'fatUnd.,wgMdandltleprDCHdlllettal, fttMOf Mttttter In II. ~atCVltOCtyol, orlntranMfO, Banlil, at lIf'fof..llMaI.. Of
w~ tot ...u.ping, ~ PM'dg. Of IIfV att'lW'lMPaM Indl.IdIng. ~ IImltIdon, all deeaa ('wMd'Ief III1Mf111 or soeoal) and ~ nowGf ".,..C\"rnMUIMd rrt UndM:>>gMG.,.-u,
ElMI!, Of 1If'f0l"""'. ot~ and IrII1fV daimI 01 Unclemgned 8g&lntl BanI!, Gl'lIfVofbatlllal.OftutllilSlaltM.and BarulrMf," booclonand'MChcMAnack:e,'" afltowatdthe 0ayrMtIC
0111"( UabiWM, In tuUl ardtl _ ~"..., cSM.nnIM,lht ~ cI Mdt SUCh fC!ClGUf'lI..... and MCh d..m 8g1lntl ElMlil, Of IIfV 01.. alftllIII.. OI.,bIidiaMt. Ban... dMfMd to n-.. 'letOMd tuUl
right 01... aIf and la ~ rMdf1 . chotI9- ~ IIfV wert ~ ImmIClIIIItIy upon" 0CCUI"lWIC' oIa 0ttI&III1_ herW\alltf de&Mdl ""'" lhaugh tuCh cI'l.w;t it mad. ot WIt"" on 1M baa.
~ by 8M'" Banlt ha, but is noIlUN1ed la, the ~ at ~ Urn. and fI'om tIIfW1a 11m., \fIIIlVQA na!ke 10: (al p1edg., uugn Of trMIttf lhis Ncu or the ColIaI'" at tIfV pomon UWeoI::b1
lranlhtinta Is CI'M'I name Of IhIII 01.. l"IGnWMe all Of at'I'f PtIt 01 the ColI.aI:eral; (cl.I~'lClIlIng ngNI an VTV ColICIfat; (d) taM contra6 afln_ DtDCHCIt af IIf'I Codateral.
OEFAULT
The acannce alllf'fant or mate altht faIaiMng IN.II canttlb.A. aOelaul by IhtUnO..-.gMd: lal non peymMl of Infolttl. UaDlWft. orllf'f DOItian IhtteOl,1lIften and In tt1. tNMtf ctu...,..,etfl.,
by ~ or aIhtt'Witr, (bI'''''' by UndfnlONd 10 obIfI'vieot perlofm II"( ~~ c:ondIltOn Of I"," 01"", ~ dacl.wntnI Of SecuIIly Oacumenc ntaMd and d.w.ncs by
Ul.4...~...d In connecItor1Wlth."" oIu.UabiIIIec: (q btHch by.", oIUndIfI6gned ",..,~1Ilatl Of d\IIflO s..n..1dI11"(~ or.."..",., In erryt'Inatw:WOfOU'ltt_emenl, KMGuIe,
~ ar CXhtf doCUmenlI d...... to SanlI by 01 an btr\IIl at Unclerwgned INIII Pf'lM'" be ,.., ~ at incal'fIp!et. 1ft IIf'f maletW ~ I" a mmMI ~ cnang. acan In the
ftnandaI COndtian 01 Underwgned \fIItl1ctl it ~ to Ban. In .. IGIt c!IacrtOOl'llrofl'llht concWon mall recenIty dItcloIed la Ben. in IIfV rMtIMf'; tI) UnclM6gned .,. ~ iIqI.nd....
m.,.., NOfVWlilte. chang." MIM,.... otathtrMtt ~ 01 ~ all "'.. __ 01,,_10 candUd ~ ar PfWOIt" Of alIemptllO do "'" cI the ~ 19Ia tlWI.. 01
rKtMr II: appointed fOt\IndtNIVMd ot lor a.,bI&anclaI part 0111 Pf'OPtt'fY, Of~ _..._....... M'f '*'1Ir\IcIIq' OI01tWtwnlIat~.... UnAr V"f~ 1M. -. <<fedlrll, Of tIfV
IUCtl procMdIng Ie ~ AlIIIintt UndefllllnM or Undtfl9"d ~ ....... 01 It'''''Vf latla to fWt at '- 1I~ unab6t to pcy a deOtl, 01 ,.,... an --e""*' faf 1M '*""" 01
ctec1lIOtI 01 adlNCIln wrWIng Itt intaMnCy 01' InaOay 01''''''''' fWi ltIlIhbC8,.".,.,....,. bta:lfnt due. Of"'" WIthIn:JO"'1O rwv Of bond OIotf'1efWlM d~ V"f ~ 'IIIlNcn II umteyed
~ &PPMI: \hi ~..~." 1nIen1 ..,..."........... Of ct\aIengt""""""far 1/t'f\JUllllMt 01 "'" mlllMalI.nn al8nfctocurMntnKUlMIn COl'\MCIan\llllUl ""~ fa
found OId...Jattd to be irMoId by aCOUl1 01 CGnI..... ~ III "",prDptl1yal~ btCOmtIlM ..,bjtaaf 1If'ftAKfVntnt, Q~ Iwfathn ~.~Pf""CllCllnwntltlg
U;ned bot 6anJla: lD q..~"'" cI the prapetl'V of Und.,.;gMd IIIPtn Of CIJl'ldMlMd by VPf gowmmtt'tIM &LManIy, (14 Und"llllMd.-gM Of CIIhenIItu trannn, at .nempca ta UIIlI" or
.,.,.,." IIf'f 0111 ~ tlIIe ancIlniI.,.1n 8nfolIMColIal"" ~the pnarwntlWlClClNWCaI BanfC (11 UnctMtgMd 1M 10 ""'""" l\nanclal Of....1tIlormadon ....".rN'f~l'IIQUMt; "'"
'Ihtt't "1I'f~ InUndtrl6gMd'I CIftDfw, ~ 0M1tt'I at paMtt'S. ..the(.-e"" be, """" II ~ 10 BanIlIn ltI.... dlecnClCn; 1nI a.",..1n lM~and lIoac1fMh..ttCH
01 b.... dIIcreltan, d..",.1tMIl w..a.n kit II"( rt.." ~ Of 101 Undfn9W'd cMfIaIltI WId" 1Ift/.... tIlJ'""*" or nuu~ ~ 10 It .......--..lIolQ. mill.,... OOIIg:CIOtt 1M ""'"
deftull..nal:rwmecll<ld....,.,IMgr.c:epe.nadptVWldtdlntud'l~Oflntlrumtr'lClt.....s.
REMEOIES
Upot\ IJ'te 0CCUl'l'enc:t af. 0efauIl ~ BanIlINll ~ no I\.w1tlef oblI9ctonIlO tdWnce "--ta UncterwgMd ~er: tbl alii UabIIlIlM INil, .IM oDCiOn GII ~ be~"'" due and ~...:
and (q IM\II rN'f htt'Ne altgl'lC 01_-011_ Nt 10M ".,.... "'" and 11II ~ ......Ia Bani und" tNt HoI. and 1M s.cunty' ~ and .. ""'" and twNdlft ~ to "under.,.",
~ _. ~,1IIiIdhoulllmltdan, 1M ngMI and rtltMdIRaI. MO.nd PMt~""Urvfrarm ~Codt. Uncl.....-r",.,..,""""" nocIQot ~__..b. _II fat oeym...... demMd.
1'lOl'loPaf"*'l 01 dlahonot, prottCl, ____I IDOl. a/'Id "'luMer~.oI VPf IInd lnCOMeCl:lOrl 'Mlhlh. d~, accevIanc., d-... 0I_Io.C4f1'1lnt alIt\leNat.. aNI""'bV'flIIUWe"'nottceornll""GII
~af..,eMtGM,~~otlortle...anc:n",,"lCJ'lm"ibe~.
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Upon... """"'....... "" 001........ "" ........"".Ih...... ..... ..... _ ~m.n .....,. U................, "".......... oceno... on....... .... -......... two .......l2"l_
... ,.......- -...- ..........,..... 'plOoo ......, ~l..... ....,. not pod .............. _.. to """'Pol.. "" oflh. u...uu.... "" _Ih..... -. to...... not
pekt In Il.IlI w.nen du., Ban.mev. 11I11. option and ~ nolle" 'MthdlN "om any 1C,?Un' of lJnlltll'gned Mth BaN an amovnt .-qual 10 'uch OWfdue ImOWII and 10 appfy aIC.h amour.: 10 \h.
p.ymtnc olIN awf'dlle Uawl.t.
AlIllgMl 01 r.m.... oIBMIf... tOllh 01 0IhftMI. '111tlng It. Cl.lmulallW. NeM" IIr'/ cltlay 01 lAllurt by o.n"'ln '11tC11l"V In'f clift O9lJon.. P'OWIf1 Of nghtl I'l1lfM. not ar.t PMi&I Of ling" 'Ief'(llc
IMNCM Ih&II COtlIlIue . ...,.... oIlht' Itghl 10 '.ema. !h. NIn. 01 any OCh.r "Vht ., &If'( Ottlll 11m, 01 "om tim.to 111M lit.,.."." 8M. II not 'ltqulted 10 teIOft 10 any jMIUc\Nr MCUtIIy 01 ~ 10
tnIotc. p.yrMnl, Md Ianlll '* IUt:Ift'cIIO.,.", m&tSh&lllng ~.m.ntI Of Itqu"" amounv Undtnrvned," mote II\an on" And among.. or Ihem.
CONFEUION OF JUDGMENT
UNOERSIGNED HERE8Y IRREVOCAIILY AUTHORIZES ANO EMPOWERS BANK, 8Y ANY AUTHORIZED OFFICER, EMPLOYEE OR AGENT, OR 8Y ITS ATTORNEY. OR 8Y THE
PROTHONOTARY OR ClERK OF N(y COURT OF RECORD IN THE COMMONWEALTH OF PENNSYl.VAlNA OR ELSE'MiERE WHERE PERMlTTI:D 8Y u..W. UPON THE
OCCURRENCE OF A DEFAULT. TO N'PEAA FOR AND CONFESS JUDGMENT AGAINST UNOERSIGNED IN FAVOR OF BANK IN ANY JURlSCtCTlON IN WHICH UNDERSIGNED
OR N(y OF ITS PROPERTY IS LOCATED FOR THE I\MOUNT OF N(y OR AU OF THE UAIlIUTlES. TOGETHER I\ITH THE COSTS OF SUIT AND I\ITH ACTUAl. COllECTION
COSTS.INCLUOlNO REASONABLE ATTORNEYS' FEES.I\ITH OR I\ITHOUT DEClARATION, I\ITH RElEASE OF AU ERRORS.I\ITHOUT STAY OF EXECUTION AND THE RIGHT
TO ISSUE EXECUTION FORTHWITH. AND FOR DOING SO THIS NOTE OR A COPY VERlAED 8Y AFFIDAVIT SHAlL 8E A SUFACIENT WARRANT. UNDERSlONEO HERE8Y
WAIVES AND RELEASES AU REUEF FROM Nr'I AND AUN'PRAlSEMENT. STAY OR EXEMPTION u..WOF ANY STATE NOW IN FORCE OR HEREINAFTER ENACTED,
UNOERSIGNED ACl<NO\\UDGES THAT BY AGREEING THAT BANK MAY CONFESS JUDGMENT HEREUNDER, IT WAIVES THE RIGHT TO NOTICE IN A PRIOR JUOlClAL
PROCEEDING TO DETENMINE ITS RIGHTS AND IJABlUTIES, AND UNOERSIGNED FlJRTHER ACllNOv.tEOOES THAT BANK MAY OBTAIN A JUDGMENT AGAINST
UNOERSlClNED IVITHOuT UNDERSIGNED'S PRIOR 1<N0v.tEDGE OR CONSENT AND I\ITHOUT THE OPPORT\JNITY TO RAISE ANY DEFENSe, SET OFF. COUNTERClAIM OR
OTHER ~M UNOERSlONED MAY HAve. AND UNDERSIGNED EXPRESSLY WAIVES SUCH RIGHTS AS AN ElCPUCIT AND MATERIAL PNrr OF THE CONalOERATION. THE
FOREGOING POWER TO CONFESS JUDGMENT MAY 8E EXERCISED AGAINST UNDERSIGNED AT ONE TIME OR AT DIFFERENT TIMES A3 BANK ElECTS UNTIL THE
lJABlunes AIlE AJlLYOtSCHARaED.
MISCELlANEOUS
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Not.lnl.ntoandWlblncllnguponlNhtWw....K&.COtw.~~ft~~trwt...and~oI.".ltId~
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~loftOefU'lflHouOfundtt'IIPfOChef~hIfttofoteOf,..lflltnKUled.
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---I<Iwv-_..."'Icfocopy"-.........--.-_toyony..__.._R.IlI..."'...._...
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.... andlllltlGon oIlht.... offtcet MMdng!hl accourw 01 UndtrslgMd.
IN WITNESS 'M1EREoF.l..IllCk.~..cI ha ..KUled thII Nolelhe day and y.., fttIIlbOw MIa""
1IOfWlWER",-..... -."'4
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Cynthl allor
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BINGAMAN, HESS, COBLENTZ & BELL, P.C.
By: Karen Feryo Longenecker, Esquire
Identification No. 47093 Attorney for Plaintiff
660 Penn Square Center
601 Penn Street
P.O. Box 61
Reading, PA 19603-0061
(610) 374-8377
CORESTATES BANK, N.A.,
successor by merger to
MERIDIAN BANK,
Plaintiff
IN THE COURT OJ' COHMON PLEAS OJ'
CUHBERLAND COUNTY, PENNSYLVANIA
.
.
No.
VS.
STEVEN A. FAILOR and
CYNTHIA L. FAILORr
Defendants
CIVIL ACTION - LAW
CONFESSION OF JUDGMENT
AFFIDAVIT OF COMMERCIAL TRANSACTION
I hereby certify that I am counsel for CoreStates Bank,
N.A., SUccessor by merger to Meridian Bank, and hereby certify
that jUdgment is not being entered against a natural person in a
consumer transaction.
BINGAMAN, HESS, COBLENTZ & BELL, P.C.
A ~ r III ( I~
By L r~ .'6L..J.J " y rw...
~ ,., Karen Feryo L genecker, Esquire
BINGAMAN, HESS, COBLENTZ' BELL, P.C.
By: Karen Feryo Longenecker, Esquire
Identification No. 47093
660 Penn Square Center
601 Penn Street
P.O. Box 61
Reading, PA 19603-0061
(610) 374-8377
Attorney for Plaintiff
CORESTATES BANK, N.A.,
successor by merger to
MERIDIAN BANK,
Plaintiff
IN TBB COURT OF COMMON PLBAS OF
CUKBBRLAND COUllTY, PBNJISYLVANIA
vs.
.
.
.
.
No.
.
.
STEVEN A. FAILOR and
CYNTHIA L. FAILOR,
Defendants
.
.
CIVIL ACTION - LAW
CONFESSION OF JUDGMENT
CERTIFICATION OF ADDRESSES
COMMONWEALTH OF PENNSYLVANIA :
ss.
COUNTY OF BERKS
Karen Feryo Longenecker, Esquire, being duly sworn according
to law, deposes and says that to the best of her knowledge,
information and belief, the addresses of the judgment creditor
and the judgment debtor in the above-captioned case are as
follows:
Plaintiff:
Corestates Bank, N.A.
1345 Chestnut street
Philadelphiar PA 19101
Defendants:
steven A. Failor
Cynthia L. Failor
525 Mt. Rock Road
Newville, PA 17241
Oa,(!- 1;1 ~ Ii.... I.
Karen Feryo Longlnecker, Esquire
I
~ c'
Sworn to, and subs~ibed before me
this n~1: \ day of -+9"'" I n ( If r 1997.
cl- '
(~Ail:.\{r/)l \i 1\ ~t \ Ii \,~. IliC" ~li~~lllli
,.' Notary
IlOIMIIl SIAl
~A1lMA11OlIllItMtllOlMYlIIU
IItIlIINlJ,IIIJIKSCOlIIlY.~
I/YClIIlIl1SSJONII"R13MY7,1197
~;i:~-:
4s'a_
" "!j
'a,
~1-'l.;'
':W>l-
,d;,
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~~\:5~
j~.~~
'.C ,.
, ;."'~
BINGAMAN, HESS, COBLENTZ & BELL, P.C.
By: Karen Feryo Longenecker, Esquire
Identification No. 47093
660 Penn Square Center
601 Penn Street
P.O. Box 61 J
Reading, PA 19 03-0061
(610) 374-8377
Attorney for Plaintiff
~
\
CORESTATES BANK, N.A.,
successor by merger to
MERIDIAN BANK,
Plaintiff
IN THB COURT OW CONKON PLBAS OW
CCKBBRLAND COUNTY, PBNNSYLVANIA
No.
vs.
,
STEVEN A. FAILOR and
CYNTHIA L. FAlLORr
Defendants
.
.
CIVIL ACTION - LAW
CONFESSION OF JUDGMENT
AFFIDAVIT OF NON-MILITARY SERVICE
COMMONWEALTH OF PENNSYLVANIA
ss.
COUNTY OF BERKS
Tammy O'Neill Reiterr being duly sworn according to law,
deposes and says that she is an officer of the Plaintiff herein,
and as such states the following:
1. The Defendants, Steven A. Failor and Cynthia L. Failor,
are not in the military or naval service of the United States or
its allies, or otherwise within the provisions of the Soldiers'
and Sailors' Civil Relief Act of 1940r as amended.
2. The Defendants, Steven A. Failor and Cynthia L. Failor,
are more than 21 years of age and reside at 525 Mt. Rock Road,
Newville, Cumberland CountYr Pennsylvania 17241.
3. She makes this
personal investigation.
affidavit with due authority based upon
/),,- / / T) j
lt1i, /,~~ f. ( /1 :/ i (, jF-i'--\,1' I
Tammy O'Neill REli'ter
Sworn to and subscriped before me
this II't~\day of .J, ,ill f\ ,I' r 1997.
(\ c'- . /' l' ,) 1 I -4,
0.1 I f MI," ii, "J' Ii ':r., f1 II r, :, i/1CtJ
, Notary
_Wl
~_\IIIHMl1llllll'l1UllllC
...._ llIUIIlY....
1I'I__lJPII[SlIlY7.It9J
BINGAMAN, HESS, COBLENTZ & BELL, P.C.
By: Karen Feryo Longeneckerr Esquire
Identification No. 47093
660 Penn Square Center
601 Penn Street
P.O. Box 61
Reading, PA 19603-0061
(610) 374-8377
Attorney for Plaintiff
IN THE COURT OF COMMON PLEAS OP
CUMBERLAND COUNTY, PENNSYLVANIA
CORESTATES BANK, N.A.,
successor by merger to
MERIDIAN BANK r
Plaintiff
No.
vs.
STEVEN A. FAILOR and
CYNTHIA L. FAILOR,
Defendants
.
.
CIVIL ACTION - LAW
.
.
CONFESSION OF JUDGMENT
COMMONWEALTH OF PENNSYLVANIA
ss.
COUNTY OF BERKS
Tammy O'Neill Reiter, being duly sworn according to law,
deposes and says that she is a duly authorized officer of
CoreStates Bank, N.A., successor by merger to Meridian Bank,
Plaintiff herein, that she is authorized to execute Affidavits on
Plaintiff's behalf, and that the facts set forth on the foregoing
Complaint in Confession of Judgment are true and correct to the
best of her knowledge, information and belief.
,,---I'
, 1 h
..,l/j ,
Tammy fl 'Neill Reiter
Loan Administration Officer
Sworn to and subscribed before me
this _t i4h day of\...'1<jfll~d , 1997.
f lJ
'\' I
(u,,';f]J.. --'llh ,I (I (\L pl'.I,'l.{'H. 'If I~~
,I '
_101.
CUIII"_~1llIIII'I1IlU
__ClIlII1Y.N.
III_WlmJUlI7.1t!l7
SHERIFF'S RETURN - REGULAR
CAS~ NOI 1~97-00337 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMB~:RLAND
cq~~?TAT~S. BANK N A
VS.
FA [J,_OR . !:>n:."-ENuA ET .AI.
KATHY._J ,_CA!WF:R ._.J Shariff or Deputy Shertff of
ClIMDERLAND County, Pennsylvania, IIho being duly sllorn ao::cording
to lall, says, the IIi thin CUNFF:SSION OF JUDGMENT lias served
upon.!:':A.H.9B.,,,Sn:Y.F:I:LA_ _. the
defendant, at 1814100 HOURS, on the 27th day of Januarv
192Z. at __.5~. J1T_!_RO~_K IWAD
N~WVILLE.. PA 17241
. CUMBERLAND
ADULT IN
County, Pennsylvania, by handi.ng to CYNTHIA FAILOR.
CHARGE
a true and attested copy of the CONFF:SSION OF JUDGMENT
together with NOTICF: OF DF:FENDANT'S RIGHTS, NOTICE OF
JUDGF:MENT AND F:KECUTION
and at the same time directing Her attention to the contents therlPof.
Sheriff's COStSI
Docketing
Service
Affidavit
Surcharge
18.00
5.58
.00
2.00
So anawersl r~~~....<~
H. Thomas K~1nlP, Sher1%%
$7.0.08 BINGAMAN HESS
01/28/1997
by
COBLENTZ & 8ell
~~rt.~-
Sworn and ,:ubacrtbe/~o bafore me
thts . ...l_~ ::-. day of ~M'" "7 .. .
c...,
19 I, A. D.
L1,.~,n _)11t:~QPl - . ~'l'
1 I pro't'nono ary I
t
r
I
,
,:.
J
2.
Said Complaint was filed by Plaintiff, CoreStates Bank, N .A. (CoreStates),
.
l
successor by merger to Meridian Bank, whose principal office is located at 1345 Chestnut Street,
Philadelphia, PA 19101.
3. CoreStates alleges that the Failors are in default on a Note with an initial principal
amount of $60,000, a copy of which is attached to the Complaint in Confession of Judgment as
Exhibit "A".
4. The loan number for the instrument allached to the Complaint as Exhibit" A" is
0000619825.
5. The loan was made on May 18, 1994.
6. The Failors made periodic payments on the Note from their checking account
number 5123-6009 at CoreStates Bank, as exemplified by the bank statements attached hereto as
Exhibit "A".
7. On January 31, 1995, the Failors made a payment of $56, 137.91 by check number
287, which said payment they believe paid off the outstanding loan. A copy of check 287 is
allached hereto as Exhibit "B".
-2-
14. Due to the Plaintifrs assertion of entitlement to an improper amount, they are
precluded from recovering any additional interest, penalties or allorneys fees, and any amount of
principal still determined to be outstanding.
WHEREFORE, Defendants Steven and Cynthia Failor, demand that the judgment entered
by confession be stricken or opened and that all proceedings on the confession of judgment be
stayed.
GOLDBERG, KATZMAN & SHIPMAN, P.C
By:
4?-:.{ // ./7
I ~ /::/. '/
, . /'. ." /. . '/
///,r/, /' "~,, I
Thomas J. Weber, Esquire
Steven E. Grubb, Esquire
320 Market Street
P.O. Box 1268
Harrisburg, PA 17108-1268
(717) 234.4161
Allorneys for Defendants
DATE: II 5U/C/7
ksd:SEG:D0C2:PAILOR:I'TOI.337
-4-
""'.,.,. ".;<.'....-.;."';If....~'..--~....
. .
. .
./
I
I
,
exhibit A
MERIDIAN BAliK
STEVEN A FAILOR OR
CYNTHIA L FAILOR D/B/A FINE LINE RSTR7NS
203 SMITH ROAD
SHIPPENSBURG PA 17257
CHECKING SUMMARY
REGULAR CHECKING
5123-6009
TAX 10
BEGINNING BALANCE
5 DEPOSITS, CREDITS
27 CHECKS, DEBITS
ENDING BALANCE
194503936
2,200.00-
17,600.00
14,804.06
595.94
CHECKS PAID
NUMBER DATE AMOUNT NUMBER DATE
0 06/22 ,1,740.00 125 07/08
120 07/08 1,862.88 126 07/12
121 07/05 700.00 127 07/11
122 07/11 458.94 128 07/11
123 07/08 962.48 129 07/13
124 07/12 490.92 130 07/11
DAILY TRANSACTIONS
DATE TRANSACTION
1,862.88
275.61
1,417.64
98.28
95.69
PAGE 2
STATEMENT PERIOD
ENDING 07/14/94
17 ENCLOSURES
REFERENCE NUMBER 10005025222
... DUPLICATE ...
AMOUNT NUMBER DATE AMOUNT
400.00 131 07/08 500.00
1,417.64 132 07/12 4,022.70
275.61 134 . 07/14 2~8.95
214.84 136 . 07/14 5.69
98.28 137 07/13 452.25
162.13
. GAP IN SEQUENCE
962.48
214.84
490.92
CHECKS
DEBITS
DEPOSITS
CREDITS
06/15 BEGINNING BALANCE
06/15 OVERDRAFT CHARGE
06/15 OVERDRAFT PROTECTION SERVICE CHARGE
06/15 OVERDRAFT PROTECTION FROM SAVINGS 8289247905
06/22 CHECK 1,740.00
06/23 OVERDRAFT CHARGE
06/23 OVERDRAFT PROTECTION SERVICE CHARGE
06/23 OVERDRAFT PROTECTION FROM SAVINGS 8289247905
07/01 MERIDIAN BANK 06198250001 NOTE PAYMT 070194
07/05 CHECK 700.00
07/05 OVERDRAFT CHARGE
07/05 OVERDRAFT PROTECTION SERVICE CHARGE
07/05 OVERDRAFT PROTECTION FROM SAVINGS 8289247905
07/06 OVERDRAFT CHARGE
07/06 OVERDRAFT PROTECTION SERVICE CHARGE
07/06 OVERDRAFT PROTECTION FROM SAVINGS 8289247905
07/07 DEPOSIT
07/08 CHECKS 500.00
07/08 CHECK 400.00
07/11 CHECKS 458.94
07/11 CHECK 162.13
07/12 CHECKS 4,022.70
07/13 CHECKS 452.25
07/14 CHECKS 298.95
07/14 MONTHLY SERVICE CHARGE
07/14 ENDING BALANCE
20.00
5.00
25.00
1,740.00
20.00
5.00
543.75
700.00
20.00
5.00
25.00
25.00
20.00
5.00
25.00
17,500.00
3,325.36
400.00
949.39
162.13
5,931.26
550.53
394.64
7.00
CONTINllIlll
BALANCE
2,200.00-
2,220.00-
2,225.00-
2,200.00-
3,940.00-
3,960.00-
3,965.00-
3,940.00-
4,483.75-
5,183.75-
5,203.75-
5,208.75-
5,183.75-
5,203.75-
5,208.75-
5,183.75-
12,316.25
8,990.89
8,590.89
7,641.50
7,479.37
1,548.11
997.58
602.94
595.94
595.94
MER:~IAN BANK
... DUPLICATE ...
.-
STEVEN A FAILOR OR
CYNTHIA L FAILOR D/B/A FINE LINE RSTRTNS
203 SMITH ROAD
SHIPPENSBURG PA 17257
CHECKING SUMMARY
REGULAR CHECKING
5123-6009
TAX 10
BEGINNING BALANCE
4 DBPOSITS, CREDITS
12 CHECKS, DEBITS
ENDING BALANCE
CHECKS PAI~
NUMBER DATR
135 07/19
138 . 07/18
,
AMOUNT
615.63
316.14
DAILY TRANSACTIONS
DATE
TRANSAC':'ION
194503936
595.94
7,137.50
1,922.90
5,810.54
NUMBER DATE
139 07/18
140 07/18
07/15 BEGINNING BALANCE
07/18 CHECKS 316.14 192.59 67.58
07/19 CHECK 615.63
07/20 OVERDRAFT CHARGE
07/20 OVERDRAFT PROTECTION SERVICE CHARGE
07/20 OVERDRAFT PROTECTION FROM SAVINGS 8289247905
08/01 MERIDIAN BANK 06198;50001 NOTE PAYMT 080194
08/02 DEPOSIT
08/02 OVERDRAFT CHARGE
08/05 CHECK 24.00
08/05 OVERDRAFT PROTECTION SERVICE CHARGE
08/05 OVERDRAFT PROTECTION FROM SAVINGS 8289247905
08/10 DEPOSIT
08/11 CHECK 182.46
08/12 MONTHLY SERVICE CHARGE
08/14 ENDING BALANCE
SAVINGS SUMMARY
STATEMENT SAVINGS
82-a92478-08
TAX ID
BEGINNING BALANCE
o DEPOSITS, CREDITS
o WITHDRAWALS, DEBITS
ENDING BALANCE
PAGE 2
STATEMENT PERIOD
ENDING 08/12/94
6 ENCLOSURES
REFERENCE NL~ER 10005025222
r
i
,
,
I
I
I
I
AMOUNT
NUMBER DATE
AMOUNT
67.58 142 . 08/05
192.59 143 08/11
. GAP IN SEQUENCE
24.00
182.46
CHECKS
DEBITS
DEPOSITS
CREDITS
BALANCE
595.94
19.63
596.00-
616.00-
621.00-
596.00-
1,063.50-
24.36
4.36
19.64-
24.64-
0.00
6,000.00
5,817.54
5,810.54
5,810.54
576.31
615.63
20.00
5.00
25.00
467.50
20.00
24.00
5.00
1,087.86
24.64
6,000.00
182.46
7.00
199682744
251.46
0.00
0.00
251.46
NUMBER OF DAYS IN STATEMENT PERIOD
INT PAID TIllS PERIOD
CURRENT INTEREST RATE
AVERAGE COLLECTED BALANCE
ANNUAL PERCENTAGB YIELD BARNBD
INT EARNED TIllS PERIOD
31
0.00
2.37t
251.46
2.40_
0.50
MERIDIAN BANK
... DUPLICATE ...
PAGE 2
STATEMENT PERIOD
ENDING 09/15/94
3 ENCLOSURES
REFERENCE NUMBER 10005025222
STEVEN A FAILOR OR
CYNTHIA L FAILOR D/B/A FINE LINE RSTRTNS
203 SMITH ROAD
SHIPPENSBURG FA 17257
CHECKING SUMMARY
REGULAR CHECKING
5123-6009
TAX 10
BEGINNING BALANCE
1 DEPOSITS, CREDITS
6 CHECKS, DEBITS
ENDING BALANCE
CHECKS PAID
NUMBER DATE
141 08/18
AMOUNT
4,070.00
,
DAILY TRANSACTIONS
DATE
TRANSACTION
08/15 BEGINNING BALANCE
08/17 CHECK 56.85
08/18 CHECKS 4,070.00
09/01 MERIDIAN BANK 06198250001
09/01 MERIDIAN BANK 06198250100
09/12 DEPOSIT
09/15 MONTHLY SERVICE CHARGE
09/15 ENDING BALANCE
SAVINGS SUMMARY
STATEMENT SAVINGS
82-892478-08
TAX 10
BEGINNING BALANCE
1 DEPOSITS, CREDtTS
o WITHDRAWALS, DEBITS
ENDING BALANCE
DAILY TRANSACTIONS
DATE
TRANSACTION
08/15 BEGINNING BALANCE
09/14 INTEREST
09/15 ENDING BALANCE
194503936
5,810.54
284.52
5,651.62
443.44
NUMBER DATE
144 . 08/18
NUMBER DATE
AMOUNT
56.85
lIMOUNT
750.00 145 08/17
. GAP IN SEQUENCE
,
,
CHECKS
DEBITS
DEPOSITS
CREDITS
BALANCE
750.00
NOTE PAYMT 090194
NOTE PAYMT 090194
56.85
4,820.00
478.33
289.44
7.00
5,810.54
5,753.69
933.69
455.36
165.92
450.44
443.44
443.44
284.52
199682744
251.46
1.50
0.00
252.96
32
1.50
2.3"
251.55
2.4U
0.52
NUMBER OF DAYS IN STATEMENT PERIOD
INT PAID THIS PERIOD
CURRENT INTEREST RATE
AVERAGE COLLECTED BALANCE
ANNUAL PERCENTAGE YIELD EARNED
INT EARNED THIS PERIOD
WITHDRAWALS
DEBITS
DEPOSITS
CREDITS
BALANCE
1.50
251.46
252.96
252.96
PAGE 3
STATEMENT PERIOO
ENDING 12/14/94
66 ENCLOSURES
REFERENCE NUMBER 10005025222
MERIDIAN BANK
... DUPLICATE ...
STEVEN A FAILOR OR
CYNTHIA L FAILOR D/B/A FINE LINE RSTRTNS
595 MT ROCK RD
CARLISLE PA 17013
DAILY TRANSACTIONS
DATE
TRANSACTION
PREVIOUS
126.00
646.34
PAGE
11/22 BALANCE FROM
11/22 CHECK
11 /2 3 CHECKS
11/25 DEBIT MEMO
11/25 DEBIT MEMO
11/25 DEBIT MEMO
11/25 DEBIT MEMO
11/25 CHECKS
11/25 CHECK
11/28 CHECKS
11/29 CHECKS
11/29 CHECK
11/30 DEPOSIT
11/30 CHECKS 434.36
12/01 MERIDIAN BANK 06198250001
12/01 MERIDIAN BANK 06198250100
12/01 CHECKS 270.50
12/05 CHECKS 1,117.98
12/05 CHECKS 618.58
12/06 CHECK 38.98
12/06 OVERDRAFT CHARGE
12/06 OVERDRAFT CHARGE
12/06 OVERDRAFT CHARGE
12/06 OVERDRAFT CHARGE
12/07 CHECKS 116.52
12/07 OVERDRAFT CHARGE
12/08 DEPOSIT
12/08 CHECKS 155.00
12/08 OVERDRAFT CHARGE
12/08 OVERDRAFT CHARGE
12/08 OVERDRAFT CHARGE
12/09 DEPOSIT
12/09 OEPOSIT
12/09 CHECKS 434.36
12/09 OVERDRAFT CHARGE
12/09 OVERDRAFT CHARGE
12/12 OVERDRAFT CHARGE
12/12 OVERDRAFT CHARGE
12/12 OVERDRAFT CHARGE
12/13 CHECKS 700.00
12/13 CHECK 108.00
12/14 OEPOSIT
12/14 CHECKS 50.00
12/14 OVERDRAFT CHARGE
12/14 OVERDRAFT CHARGE
12/14 OVERDRAFT CHARGE
12/14 OVERDRAFT CHARGE
12/14 12 CHECKS PROCESSED a $.25 EACH
12/14 OVERDRAFT PROTECTION SERVICE CHARGE
12/14 OVERDRAFT PROTECTION FROM SAVINGS 8289247905
12/14 ENDING BALANCE
398.87
489.21
102.84
490.92
5,850.12
62.78
160.23
138.47
294.26
500.00
60.00
239.90
309.73
NOTE PAYMT 120194
NOTE PAYMT 120194
188.00
203.00
537.25
1,000.00
147.65
113.47
94.20
113.34
60.03
755.00
308.88
144.29
22.57
CHECKS
DEBITS
126.00
1,045.21
20,471.39
6,014.92
2,477.66
1,490.84
787.91
102.84
845.18
6,590.02
62.78
744.09
1,460.84
486.95
458.50
2,320.98
l,303.4B
38.98
20.00
20.00
20.00
20.00
324.19
20.00
268.34
20.00
20.00
20.00
l,249.B
20.00
20.00
20.00
20.00
20.00
1,153.17
108.00
72.57
20.00
20.00
20.00
20.00
3.00
5.00
DEPOSITS
CREDITS
60.42
486.95
1,460.84
1,000.00
625.00
3.00
CONTIIlUEIl . . .
BALANCE
44,572.90
44,446.90
43,401.69
22,930.30
16,915.38
14,437.72
12,946.88
12,158.97
12,056.13
11,210.95
4,620.93
4,558.15
",618.57
3,874.48
2,413.64
1,926.69
1,468.19
852.79-
2,156.27-
2,195.25-
2,215.25-
2,235.25-
2,255.25-
2,275.25-
2,599.44-
2,619.44-
2.,132.49-
2,400.83-
2,420.83-
2,440.83-
2,460.83-
999.99-
0.01
1,249.38-
1,269.38-
1,289.38-
1,309.38-
1,329.38-
1,349.38-
2,502.55-
2,610.55-
1,985.55-
2,058.12-
2,078.12-
2,098.12-
2,118.12-
2,138.12-
2,141.12-
2,146.12-
2,143.12-
2,143.12-
r
MERIDIAN BANK
STEVEN A FAILOR OR
CYNTHIA L FAILOR O/B/A FINE LINE RSTRTNS
595 MT ROCK RD
CARLISLE PA 17013
CHECKING SUMMARY
REGULAR CHECKING
5123-6009
TAX 10
BEGINNING BALANCE
10 DEPOSITS, CREDITS
52 CHECKS, DEBITS
ENDING BALANCE
194503936
12,595.39
32,379.28
41,915.50
3,059.17
CHECKS PAID
NUMBER DATE AMOUNT NUMBER DATE
0 01/23 954.00 273 01/24
246 01/18 , 115.15 274 01/26
247 01/18 369.52 275 02/03
250 . 01/20 1,500.00 276 01/26
254 . 01/18 434.36 277 01/27
255 01/30 :20.00 278 01/30
256 01/20 11.82 279 01/27
259 . 01/18 250.00 280 01/31
261 . 01/18 3,242.00 281 01/31
262 01/18 6a .19 282 01/31
263 01/18 :40.24 283 02/01
264 01/18 59.71 284 02/07
265 01/18 26.50 285 02/01
255 01/20 1:6.49 292 . 02/03
270 . 01/19 2:J.00 294 . 02/07
271 01/24 1:4.58 295 02/07
272 01/24 6,5JO.00
DA:LY TRANSACTIONS
... DUPLICATE ...
PAGE :
STATEMENT PERIOD
ENDING 02/H/95
49 ENCLOSURES
REFERENCE NUMBER 10005025222
AMOUNT NUMBER DATE AMOUNT
200.00 296 02/07 1,500.00
150.00 297 02/07 390.08
35.00 298 02/08 451.50
856.39 299 02/07 587.61
5,000.00 301 . 02/09 453.68
201.46 303 . 02/07 1,266.18
1,000.00 304 02/08 215.71
129.59 305 02/09 735.00
250.00 306 02/14 40.00
21. 94 307 02/13 100.00
402.96 308 02/13 :.506.70
500.00 309 02/14 175.71
538.25 310 02/14 250.00
1,049.08 3" 02/13 2,263.57
507.42 3"" 02/14 250.00
-.
250.00 313 02/14 160.00
. GAP IN SEQUENCE
CHECKS DEPOSITS
DATE TRANSACTION DEBITS CREDITS BAUNCE
01/18 BEGINNING BALANCE 12,595.39
01/18 CHECKS 434.36 3,242.00 369.52 4,045.88 8,549.51
01/18 CHECKS 250.BO 140.24 115.15 505.39 8,044 .12
01/18 CHECKS 68.19 59.71 26.50 154.40 7,889.72
01/19 CHECK 250.00 250.00 7,639.72
01/20 CHECKS 1,500.00 116.48 11.82 1,628.30 6,011.42
01/23 CHECK 954.00 954. 00 5,057.42
01/24 DEPOSIT 600.80 5,658.22
01/24 CHECKS 200.00 114 . 58 6,500.00 6,814.58 1,156.36-
01/25 DEPOSIT 5,000.00 3,843.64
01/26 CHECKS 856.39 150.00 1,006.39 2,837.25
01/27 CHECKS 1,000.00 5,000.00 6,000.00 3,162.75-
01/30 CHECKS 201.46 120.00 321.46 3,484.21-
01/31 DEPOSIT 4,289.53 805.32
01/31 DEPOSIT 450.00 1,255.32
01/31 CHECKS 250.00 129.59 21.94 401.53 853.79
02/01 MERIDIAN BANK 06198250200 NOTE PAYMT 020195 1,138.96 285.17-
02/01 MERIDIAN BANK 06198250001 NOTE PAYMT 020195 1,059.16 1,344.33-
02/01 CHECKS 538.25 402.96 941.21 2,285.54-
02/02 DEPOSIT 5,000.00 2,71'.46
02/03 CHECKS 1.049.08 ~5.00 1,084.0& l,630.Ji
02/07 DEPOSIT 1,138.95 2,769.33
02/07 CHECKS 1,500.00 1,266.18 587.61 3,353.79 584.46-
02/07 CHECKS 507.42 500.00 390.08 1,397.50 1,981.96-
CONT1NllIltl
MER:DIAN BANK
*.* DUPLICATE ...
PAGE 2
STEVEN A FAILOR OR
CYNTHIA L FAILOR D/B/A FINE LINE RSTRTNS
595 MT ROCK RD
CARLISLE PA 17013
CHECKING SUMMARY
REGULAR CHECKING
5123-6009
TAX 10
BEGINNING BALANCE
5 DEPOSITS, CREDITS
33 CHECKS, DEBITS
ENDING BALANCE
194503936
3,059.17
9,128.14
12,398.88
211.57-
CHECKS PAID
NUMBER DATE AMOUNT NUMBER DATE
293 02/17 686.88 324 02/27
314 . 02/15 , 167.00 325 02/27
315 02/17 563.94 326 02/28
316 02/27 578.08 327 03/01
317 02/23 100.00 328 03/01
318 02/23 3~.51 329 03/07
319 02/22 397.50 330 03/02
320 02/22 250.00 331 03/03
321 03/06 500.00 332 03/06
323 . 03/01 222.60 333 03/03
DAILY TRANSACTIONS
DATE TRANSACTION
02/15 BEGINNING BALANCE
02/15 CHECK 167.00
02/17 DEPOSIT
02/17 CHECKS 686.88 563.94
02/22 CHECKS 397.50 250.00
02/23 CHECKS 100.00 31.51
02/27 DEPOSIT
02/27 CHECKS 578.08 350.00 250.00
02/27 CHECK 122.45
02/28 CHECK 250.~0
03/01 DEPOSIT
03/01 MERDIAN BANK 06198250001 NOTE PAYMT 030195
03/01 CHECKS 222.60 172.67 77 .12
03/02 CHECK 1,075.00
03/03 DEPOSIT
03/03 CHECKS 222.04 4,400.08
03/06 DEPOSIT
03/06 CHECKS 500.00 300.00 113.95
03/06 CHECKS 75.00 18.00
03/07 CHECKS 300.00 250.00 139.00
03/07 CHECK 50.00
03/10 DELUXE CHECK CHECK BK ORDER CHECK/ACC. 950303
03/13 CHECKS 90.00 62.54
03/13 OVERDRAFT CHARGE
03/14 MONTllLY SERVICE CHARGE
03/14 ENDING BALANCE
STATEMENT PERIOD
ENDING 03/14/95
29 ENCLOSURES
REFERENCE NUMBER 10005025222
AMOUNT NUMBER DATE AMOUNT
122.45 334 03/07 139.00
250.00 335 03/06 75.00
250.00 336 03/06 .113.95
172.67 337 03/13 '62 . 54
77.12 338 03/13 90.00
300.00 339 03/07 50.00
1,075.00 341 . 03/07 250.00
4,400.08 342 03/06 300.00
18.00 348 . 02/27 350 .00
222.04
. GAP IN SEQUENCE
CHECKS DEPOS:::S
DEBITS CREDI::S BALANCE
3,059.17
167.00 2,892.17
425.00 3,317.17
1,250.82 2,066.35
647.50 1,418.85
131.51 1,287.34
964.84 2,252.18
1,178.08 1,074.10
122.45 951.65
250.00 701.65
1,507.08 2,208.73
516.67 1,692.06
472.39 1,219.67
1,075.00 144.67
1,83:'.22 1,975.89
4,622.12 2,646.23-
4,400.00 1,753.77
913.95 839.82
93.00 746.82
689.00 57.82
50.00 7.82
34.85 27.03-
152.54 179.57-
25.00 204.57-
7.00 211.57-
211.57-
CONTINllIlll
MERIOIAN BANK
PAGE 2
STATEMENT PERIOD
ENDING 04/13/95
o ENCLOSURES
REFERENCE NUMBER 10005025222
... DUPLICATE ...
STEVEN A FAILOR OR
CYNTHIA L FAILOR D/B/A FINE LINE RSTRTNS
535 MT ROCK RD
NEWVILLE PA 17241
CHECKING SUMMARY
REGULAR CHECKING
5123-6009
TAX 10
BEGINNING BALANCE
7 DEPOSITS, CREDITS
51 CHECKS, DEBITS
ENDING BALANCE
194503936
211.57-
12,302.72
14,440.92
2,349.77-
CHECKS PAID
NUMBER DATE AMOUNT NUMBER DATE
343 03/21 730.50 361 03/23
344 03/21 '. 31.60 362 03/27
345 03/20 785.82 363 03/27
346 04/03 600.00 364 03/28
350 . 03/21 245.15 365 03/27
351 03/22 141. 56 366 03/31
353 . 03/17 217.70 367 04/04
354 03/23 140.00 368 03/31
355 03/22 379.64 369 03/30
356 03/29 32.90 370 04/04
357 03/21 232.39 371 04/03
358 03/21 250.00 372 04/04
359 03/21 300.00 373 04/03
360 03/22 34.68 374 04/04
DAILY TRANSACTIONS
DATE TRANSACTION
03/15 BEGINNING BALANCE
03/17 CHECK 217.70
03/20 DEPOSIT
03/20 CHECK
03/21 CHECKS
03/21 CHECKS
03/22 DEPOSIT
03/22 CHECKS
03/23 DEPOSIT
03/23 CHECKS
03/27 CHECKS
03/28 CHECK
03/29 DEPOSIT
03/29 CHECK
03/30 CHECK
03/31 CHECKS
04/03 OEPOSIT
04/03 MERDIAN BANK 06198250001
04/03 MERDIAN BANK 06198250100
04/03 CHECKS 995.00
04/04 CHECKS 257.30
04/04 CHECKS 165.30
04/05 CHECKS 450.00
04/05 CHECKS 129.18
04/06 CHECKS 1,500.00
04/07 CHECK 775.00
04/07 OVERDRAFT CHARGE
785.82
730.50
245.15
379.64
500.00
995.00
257.30
32.90
36.52
75.00
300.00
232.39
141.56
140.00
250.00
250.00
31.60
34.68
157.35
42.90
NOTE PAYMT 040195
NOTE PAYMT 040195
600.00 190.00
225.00 200.00
152.26
664.31 369.64
36.57
123.H
AMOUNT NUMBER DATE AMOUNT
500.00 375 04/05 129.18
157.35 376 04/05 36.57
995.00 378 . 04/05 664.31
257.30 379 04/06 .123.39
250.00 380 04/04 1'&5.30
42.90 381 04/05 369.64
152.26 382 04/05 450.00
75.00 383 04/06 1,500.00
36.52 384 04/07 775.00
200.00 385 04/10 25.00
190.00 386 04/11 401.01
225.00 387 04/10 187.00
995.00 388 04/11 250.00
257.30
. GAP IN SEQUENCE
CHECKS DEPOSITS
DEBI':'S CREDITS BALANCE
211.57-
217.70 429.27-
364 . 62 64.65-
785.82 850.47-
1,280.50 2,130.97-
509.14 2,640.11-
4,500.00 1,859.89
555.88 1,304.01
1,930.79 3,234.80
640.00 2,594.80
1,402.35 1,192.45
257.30 935.15
2,527.92 3,463.07
32.90 3,430.17
36.52 3,393.65
117.90 3,275.75
1,739.43 5,015.18
555.42 4,459.76
171. 53 4,288.23
1,785.00 2,503.23
682.30 1,820.93
317.56 1,503.37
1,483.95 19.42
165.75 ~46.33-
1,G:~.j:: 1,76;,;;'-
775.00 2,544.72-
25.00 2,569.72-
CONTINUED
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VERIFICATION
I, STEVEN A. FAILOR, hereby authorize that I am the Dcfendant in this action; that I
have read the foregoing Petition to Open Judgment; and that the facts stated therein are true and
correct to the best of my knowledge, information, and belief.
I understand that any falsc statemcnts madc hercin are subject to penalties of 18 Pa. C.S.
Section 4904 relating to unsworn falsification to authorities.
L #-4''/
. STEVEN A. FAILOR
DATE: 1-21-j7
t
,
I
,
CERTIFICATE OF SERVICE
I hereby certify that I am this day serving a copy of the forcgoing documcnt upon the
person(s) and in the manner indicated below, which service satisfics the rcquirements of thc
Pennsylvania Rulcs of Civil Proccdure, by depositing a copy of same in thc Unitcd Statcs mail,
Harrisburg, Pennsylvania, with first-class postage prepaid as follows:
Karen Feryo Longenecker, Esquire
Bingaman, Hess, Coblentz & Bell, P.C.
660 Penn Square Center
601 Pcnn Street
P.O. Box 61
Rc.1ding, PA 19603-0061
GOLDBERG, KATZMAN & SIIIPMAN, P.C.
By:
~
Sleven E. Grubb, Esquirc
J.D. #75897
320 Market Strcct
P.O. Box 1268
Harrisburg, PA 17108-1268
(717) 234-4161
Allomeys for Defendants
DATE: 1/:10/'17
BINGAMAN, HESS, COBLENTZ & BELL, P.C.
By: Charles N. Shurr, Jr., Esquire
Identification No. 74813
660 Penn Square Center
601 Penn Street
P.O. Box 61
Reading, PA 19603-0001
(610) 374-8377
Attorney for Plaintiff
t
~.~
CORESTATES BANK, N.A.,
successor by merger to
MERIDIAN BANK,
IN THB COURT or COHMON PLBAS or
CUKBBRLAlfDCOUlfTY, PBNNSYLVANIA
No. 97-337 civil
Plaintiff
VS.
.
.
CIVIL ACTION - LAW
STEVEN A. FAILOR and
CYNTHIA L. FAILOR,
Defendants
CONFESSION OF JUDGMENT
ORDER
AND NOW, this day of , 1997, after
considering Plaintiff's Answer to Defendants' Petition to strike
and/or Open Judgment, it is hereby
ORDERED, that said Petition is denied.
~
BY THE COURT:
J.
108763.1
BINGAMAN, HESS, COBLENTZ & BELL, P.C.
By: Charles N. Shurr, Jr., Esquire
Identification No. 74813
660 Penn Square Center
601 Penn Street
P.O. Box 61
Reading, PA 19603-0061
(610) 374-8377
Attorney for Plaintiff
CORESTATES BANK, N.A.,
successor by merger to
MERIDIAN BANK,
IN THB COURT OF COHMON PLEAS OF
CONBBRLJUm COUNTY, PBNNSYLVANIA
No. 97-337 Civil
Plaintiff
vs.
CIVIL ACTION - LAW
STEVEN A. FAILOR and
CYNTHIA L. FAILOR,
Defendants
.
.
CONFESSION OF JUDGMENT
ANSWBR TO DBFENDANTS'
PETITION TO STRIKE AND/OR OPBN JUDGMBNT
Plaintiff, Corestates Bank, N.A. SUccessor by merger to
Meridian Bank, by and through its attorneys, Bingaman, Hess,
Coblentz & Bell, P. C., answer the following in response to the
Petition to Strike and/or Open JUdgment ("Petition") filed by
Defendants, Steven A. Failor and Cynthia L. Failor:
1. Admitted.
2. Admitted.
3 . Admi tted.
4. Denied. It is specifically denied that the loan number
for the promissory note ("Note") attached to the Complaint in
Confession of JUdgment ("Complaint") as Exhibit A is "0000619825."
108763.1
Rather, this number is an account number assigned to the Defendants
under which the Bank extended several loans to the Defendants with
each loan identified by separate and distinct loan numbers. The
loan number for the outstanding Note attached to the Complaint as
Exhibit A is 0001.
5. Admitted.
6. Admitted in part and denied in part. It is specifically
admitted that the Defendants made periodic payments on the Note,
but it is specifically denied that the Defendants are current on
these payments, as payments on this Note stopped in June, 1996, and
the Defendants are due for the July, 1996 payment and all
subsequent payments. By way of further response, the bank
statements attached to the Petition are only for the period of
JUly, 1994 through April, 1995, during which time the Bank is not
disputing that the Defendants made payments on behalf of the Note.
7. Admitted in part and denied in part. It is specifically
admitted that the Defendants made a payment of $56,137.91 by check
number 287 on account of their outstanding indebtedness. However,
it is specifically denied that the Defendants tendered this money
to the Bank on behalf of the outstanding loan in question, which is
Note 0001. Rather, these funds were applied to former Note 0200 in
the original principal amount of $55,000.00, which the Bank had
extended to the Defendants on November 22, 1994. This money paid-
off the outstanding principal and interest on Note number 0200 and
not the Note which is the subject of the within action.
108763.1
8. Denied. The payment of January 31, 1995 was used to pay-
off Note 0200 and not the presently outstanding Note 0001. The
Defendants remain obligated to the Bank under Note 0001 in the
pr incipal amount of $60,000.00 plus interest, late charges and
costs and fees, as detailed in the Complaint.
9. Denied. It is specifically denied that the Bank ever
indicated to the Defendants that Note 0001 was paid in full, as the
payment of January 31, 1995 was applied to Note 0200. Defendants
remain indebted on Note 0001 to the Bank in the principal amount of
$60,000.00 plus interest, late charges and other costs and
expenses, as detailed in the Complaint.
10. Denied. The Complaint takes into account all payments
made on behalf of the outstanding indebtedness of Note 0001 taken
directly out of the Defendants' checking account, which payments
were applied to interest owing on the outstanding loan obligation.
11. Denied. Defendants are still obligated to the Bank for
the outstanding amount of Note 0001 in the principal amount of
$60,000.00 plus interest, late charges and costs and expenses as
detailed in the Complaint in Confession of Judgment, as the
payments taken directly out of the Defendants' checking account on
behalf of this Note were applied to interest owing on this
obligation, and the other payments the Defendants referenced in
their Petition were applied to outstanding principal and interest
of Note 0200.
12. Denied. It is specifically denied that the Defendants
108763.1
conveyed to the Bank the existence of a misunderstanding regarding
the status of loan "0000619825," as there was no loan "0000619825."
.
,
\
By way of further response, the Defendants have an account number
:"
"0000619825,"
and Defendants have advised the Bank of the
existence of a misunderstanding. However, the Bank has supplied
all requested information to the Defendants regarding this account,
and the Defendants' alleged misunderstandings with respect to their
outstanding loan obligations to the Bank are not reasonable or
grounded in logic.
13. Admitted in part and denied in part. It is specifically
admitted that the Bank has refused to acknowledge the satisfaction
of this loan or the payment of any principal of this loan, but it
is specifically denied that the Plaintiff is under any obligation
to do so, as the Defendants have not satisfied this loan or made
any payment of principal on behalf of this loan.
14. Denied. Plaintiff has not asserted an improper amount
owing on the outstanding obligations, as the Plaintiff has properly
applied all payments made on behalf of this loan. The Defendants
have not made any payments on behalf of principal, and all payments
received on behalf of interest have been properly applied by the
Bank. After application of all of these payments, the Defendants
remain obligated on this loan in the amount of $60,000.00 of
outstanding principal, accrued interest, late charges, and other
costs, as further detailed in the complaint.
108763.1
WHEREFORE, Plaintiff, CoreStates Bank, N .A., successor by
merger to Meridian Bank, respectfully requests that the Petition to
Strike and/or open JUdgment be denied.
BINGAMAN, HESS, COBLENTZ & BELL, PC
BY:~.! ~12J-.g'
Charles N. Shurr, r., Esquire
Attorney I.D. No. 74813
660 Penn Square Center
601 Penn street
P.O. Box 61
Reading, PA 19603-0061
Attorneys for Plaintiff
108763. I
VERIFICATION
TAMMY REITER, an adult individual, verifies that she is a duly
authorized Banking Officer of CoreStates Bank, N .A., Plaintiff
herein, that she is authorized to make this verification on
,
I
L
Plaintiff's behalf, and that the facts set forth in the foregoing
complaint are true and correct to the best of her knowledge,
information and belief.
She makes this verification with a full understanding of 18
Pa. C.S. Section 4904, which relates to penalties for unsworn
falsifications to authorities.
Dated: fe fnLfi-l-1
d C;" j"JtJ?
I
, ,
'- / . /\"
Ta~~ ~e;t:~/ '
, .
108763.1
BINGAMAN, HESS, COBLENTZ & BELL, P.C.
By: Charles N. Shurr, Jr., Esquire
Identification No. 74813
660 Penn Square Center
601 Penn Street
P.O. Box 61
Reading, PA 19603-0061
(610) 374-8377
Attorney for Plaintiff
CORESTATES BANK, N.A.,
successor by merger to
MERIDIAN BANK,
IN TBB COURT 01' COHMON PLUS 01'
CUHBDLAHD COUNTY, PENNSYLVANIA
No. 97-337 civil
.
.
Plaintiff
vs.
CIVIL ACTION - LAW
STEVEN A. FAILOR and
CYNTHIA L. FAILOR,
Defendants
CONFESSION OF JUDGMENT
CERTIFICATION 01' SDVICB
I, Charles N. Shurr, Jr., Esquire, of Bingaman, Hess, Coblentz
& Bell, P.c., Counsel for Plaintiff, Core States Bank, N.A.,
successor by merger to Meridian Bank, do hereby certify that a true
and correct copy of the Answer to Defendants',Lpetition to Strike
and/or Open JUdgment has been served this ,:;2-;,/J day of February,
1997, by first-class mail, postage pre-paid, upon the following:
Steven E. Grubb, Esquire
GOldberg, Katzman & Shipman, P.C.
320 Market Street
Strawberry Square
P.O. Box 1268
Harrisburg, PA 17108-1268
BINGAMAN, HESS, COBLENTZ & BELL, P.C.
BY:~. ;';N-- j,
Charles N. Shurr, Jr., Esquire
108763.1
IB~~
DAVID L: TUHNL:U
CLeMSON N PAGe. JH
'-W~K Q YOOCR
CAUL 0 cnONHA nt. JU
KURT ALTHouse
twmv 0 McMUN1(,"1AL
PAmlCK T MUlleTT
KAH(N rCAVO LONG[N[CK['~
SHAWN J LAU.
LYNNt K. O(:u~r
E1I1AUI:nW'lNt 0 Mc;MUNKlAi..
su~ N DENARO
K~N W. ReTHORE.
OWtu:s N SHURR. JR
BINGAMAN. HESS. COBLENTZ & BELL
A PROFESSIONAL CORPORATION
AITORNEYS AT LAW
660 PENN SQUARE CENTER. 601 PENN STREET
P.O. E30X 61
READING, PENNSYLVANIA 19603.006'
TELEPHONE (610) 374.6377
FAX # (610) 376.3105
HAYMOND K 11I:SS
J WlNUHL COOl(Nfl
DAVIn P OUCK5ON"
Of COUNseL
HAU>t. J ALHtoUSt. JU
fU::TlIH:O
UCWCU. YN n 91NGAMM.!
l'JOfl9'KI
JAMES r IlHL
1~21,1968
........,..."''''...,.,''--....
".....",..."..1"" r........... O,,'y
February 25, 1997
SHAWN J LAU, J' C.
nUll-DING Q. sum: 140
1910 C MARlTON PIKE
CHtRRV HILL. NJ 0600)
\(,()911SI415tt
rl\X 1(>091424"12
Prothonotary of Cumberland County
Cumberland County Courthouse
1 Courthouse Square
Carlisle, PA 17013-3387
Re: Core States Bank, N.A., successor by merger to Meridian
Bank vs. Steven A. Failor and Cynthia L. Failor
Cumberland County C.C.P. No. 97-337 civil
Our File No. 1011-536
Dear Sir or Madam:
Enclosed please find an original and one copy of Answer to
Defendants' Petition to Strike and/or Open Judgment along with a
proposed Order in regard to the above-referenced matter. Kindly
file the original, time-stamp the extra copy and return the extra
copy to me in the enclosed postage-paid return envelope. After the
Judge has signed the Order, please send a copy to me in the other
enclosed postage-paid return envelope.
If you have any questions, please contact me.
Very truly yours,
BINGAMAN, HESS, COBLENTZ & BELL, P.C.
~ I~J 1;1 )I/;~ /
Charles N. Shurr, Jr.
CNS/afs
Enclosures
cc: Tammy Reiter - Core States Bank, N.A. - 6-94-3-138 (w/encl.)
'n1anas J. Weber, Esquire
Steven E. Grubb, Esquire
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BINGAMAN, HESS, COBLENTZ & BELL, P.C.
By: Charles N. Shurr, Jr., Esquire
Identification No. 74813
660 Penn Square Center
601 Penn Street
P.O. Box 61
Reading, PA 19603-0061
(610) 374-8377
Attorney tor Plaintiff
CORESTATES BANK, H.A., .
.
SUccessor by merger to .
.
MERIDIAN BANK, .
.
Plaintiff :
vs. .
.
.
.
STEVEN A. FAILOR and .
.
CYNTHIA L. FAILOR, .
.
Defendants .
.
IIf 'l'BB COURT 01' COHKOIf PLBAS 01'
CUXBBRLAIfJ) COlJlf'l'y, PBlflf8YLVUIA
No. 97-337 Civil
CIVIL ACTION - LAW
CONFESSION OF JUDGMENT
ORDER
AND NOW, this day of , 1997, after
considering Plaintiff's Answer to Defendants' Petition to Strike
and/or Open Judgment, it is hereby
ORDERED, that said Petition is denied.
BY THE COURT:
J.
108763.1
BINGAMAN, HESS, COBLENTZ' BELL, P.C.
By: Charles N. Shurr, Jr., Esquire
Identification No. 74813
660 Penn Square Center
601 Penn street
P.O. Box 61
Reading, PA 19603-0061
(610) 374-8377
Attorney for Plaintiff
CORESTATES BANK, N.A.,
successor by m~rger to
MERIDIAN BANI<,
III TJIJI COURT 01' COHMON PLBAS 01'
CUHBBRLAlID COUIITY, PENNSYLVANIA
No. 97-337 Civil
:
.
.
Plaintiff
o
.
n
!:
CIVIL ACTION - LAW;;):"
~" .
STEVEN A. FAILOR and
CYNTHIA L. FAILOR,
Defendants
.
.
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CONFESSION OF JUDG~T
.
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ANSWER TO DBJ'DlDA!l'1'S' -<
PETITIOII TO STRIKE AND/OR OPEN JUDGMENT
Plaintiff, Core States Bank, N.Ao successor by merger to
Meridian Bank, by and through its attorneys, Bingaman, Hess,
Coblentz , Bell, PoC., answer the following in response to the
Petition to Strike and/or Open Judgment ("Petition") filed by
Defendants, steven A. Failor and Cynthia L. Failor:
1. Admi tted .
2. Admitted.
30 Admitted.
4. Denied. It is specifically denied that the loan number
for the promissory note ("Note") attached to the Complaint in
Confession of Judgment ("Complaint") as Exhibit A is "0000619825."
108763.1
Rather, this number is an account number assigned to the Defendants
under which the Bank extended several loans to the Defendants with
each loan identified by separate and distinct loan numbers. The
loan number for the outstanding Note attached to the Complaint as
Exhibit A is 0001.
5. Admitted.
6. Admitted in part and denied in part. It is specifically
admitted that the Defendants made periodic payments on the Note,
but it is specifically denied that the Defendants are current on
these payments, as payments on this Note stopped in June, 1996, and
the Defendants are due for the July, 1996 payment and all
subsequent payments. By way of further response, the bank
statements attached to the Petition are only for the period of
July, 1994 through April, 1995, during which time the Bank is not
disputing that the Defendants made payments on behalf of the Note.
7. Admitted in part and denied in part. It is specifically
admitted that the Defendants made a payment of $56,137.91 by check
number 287 on account of their outstanding indebtedness. However,
it is specifically denied that the Defendants tendered this money
to the Bank on behalf of the outstanding loan in question, which is
Note 0001. Rather, these funds were applied to former Note 0200 in
the original principal amount of $55,000.00, which the Bank had
extended to the Defendants on November 22, 1994. This money paid-
off the outstanding principal and interest on Note number 0200 and
not the Note which is the subject of the within action.
108763.1
8. Denied. The payment of January 31, 1995 was used to pay-
off Note 0200 and not the presently outstanding Note 0001. The
Defendants remain obligated to the Bank under Note 0001 in the
principal amount of $60,000.00 plus interest, late charges and
costs and fees, as detailed in the Complaint.
9. Denied. It is specifically denied that the Bank ever
indicated to the Defendants that Note 0001 was paid in full, as the
payment of January 31, 1995 was applied to Note 0200. Defendants
remain indebted on Note 0001 to the Bank in the principal amount of
$60,000.00 plus interest, late charges and other costs and
expenses, as detailed in the Complaint.
10. Denied. The Complaint takes into account all payments
made on behalf of the outstanding indebtedness of Note 0001 taken
directly out of the Defendants' checking account, which payments
were applied to interest owing on the outstanding loan obligation.
11. Denied. Defendants are still obligated to the Bank for
the outstanding amount of Note 0001 in the principal amount of
$60,000.00 plus interest, late charges and costs and expenses as
detailed in the Complaint in Confession of Judgment, as the
payments taken directly out of the Defendants' checking account on
behalf of this Note were applied to interest owing on this
obligation, and the other payments the Defendants referenced in
their Petition were applied to outstanding principal and interest
of Note 0200.
12. Denied. It is specifically denied that the Defendants
108763.1
conveyed to the Bank the existence of a misunderstanding regarding
the status of loan "0000619825," as there was no loan "0000619825."
By way of further response, the Defendants have an account number
"0000619825," and Defendants have advised the Bank of the
existence of a misunderstanding. However, the Bank has supplied
all requested information to the Defendants regarding this account,
and the Defendants' alleged misunderstandings with respect to their
outstanding loan obligations to the Bank are not reasonable or
grounded in logic.
13. Admitted in part and denied in part. It is specifically
admitted that the Bank has refused to acknowledge the satisfaction
of this loan or the payment of any principal of this loan, but it
is specifically denied that the Plaintiff is under any obligation
to do so, as the Defendants have not satisfied this loan or made
any payment of principal on behalf of this loan.
14. Denied. Plaintiff has not asserted an improper amount
owing on the outstanding obligations, as the Plaintiff has properly
applied all payments made on behalf of this loan. The Defendants
have not made any payments on behalf of principal, and all payments
received on behalf of interest have been properly applied by the
Bank. After application of all of these payments, the Defendants
remain obligated on this loan in the amount of $60,000.00 of
outstanding principal, accrued interest, late charges, and other
costs, as further detailed in the Complaint.
108763.1
VERIFICATION
TAMMY REITEn, an adult individual, verifies that she is a duly
authorized Banking Officer of Core States Bank, N .A., Plaintiff
herein, that she is authorized to make this verification on
Plaintiff's behalf, and that the facts set forth in the foregoing
complaint are true and correct to the best of her knowledge,
information and belief.
She makes this verification with a full understanding of 18
Pa. C.S. Section 4904, which relates to penalties for unsworn
falsifications to authorities.
Dated: jJf-.?-s' /1t11
~ /)
0J" I 4;) .L., '..:
TammY)Rei61lr .
108763.1
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OFFICE OF THE COURT ADMINISTRATOR
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
1 Coullhouse Square' Carlisle. PA 17013
Thorn.. E. Chelllna, Esq. Phone
Coull Administralor (717) 240.6200
(717) 697-0371
Rlchlrd J. Plera. (717) 532.7286
Asslstanl Coull Adminlstralor (717) 240-6462 FAX
Dorll J. March
Slall Assistanl
Deborah L Rombargll
Legal Secrelary
January 23, 1995
MEMO TO: All Counsel
FROM: Tho~effins, Esq., Court Administrator
IN RE: Change in Local Practice. . r-
Jet \. 30 /q1J
Effective immediately, t~e court has adopted the following
policy to comply with Pa. R.C.P. 236a:
RULE 206-6. Where notice of entry of any judgement,
decree or order is required under Pa. R.C.P. 236a, the
petitioner or moving party shall include in the proposed
order, judgement or decree, the name of the persons
and/or attorneys who are required to be notified and
shall provide duplicate copies of the proposed order and
stamped envelopes addressed to the said persons and/or
attorneys.
please Dotel This DotificatioD is Dot a substitute for
service of process as required by Pa. R.C.P. 400 st..eq.
This procedure will become a local rule when the local rules
are updated. Your cooperation in implementing this procedure will
be greatly appreciated.
TEC:djm
cc: Hon. Harold E. Sheely, P.J.
Prothonotary
J
,
-
,
,
,
BINGAMAN, HESS, COBLENTZ , BELL, P.C.
By: Charles N. Shurr, Jr., Esquire
Identification No. 74813
660 Penn Square Center
601 Penn Street
P.O. Box 61
Reading, PA 19603-0061
(610) 374-8377
Attorney for Plaintiff
CORESTATES BANK, N.A.,
successor by merger to
MERIDIAN BANK,
Dr TJIB COUJl~ 01' COHKOH l'LBAS 01'
ctJHJIBRLUD comrn, l'BIlH8YLVUTIA
No. 97-337 Civil
.
.
.
.
Plaintiff
.
.
vs.
CIVIL ACTION - LAW
STEVEN A. FAILOR and
CYNTHIA L. FAILOR,
Defendants
.
.
.
.
.
.
CONFESSION OF JUDGMENT
:
ORDER
AND NOW, this day of , 1997, after
considering Plaintiff's Answer to Defendants' Petition to Strike
and/or Open Judgment, it is hereby
ORDERED, that said Petition is denied.
BY THE COURT:
J.
108763.1
BINGAMAN, HESS, COBLENTZ' BELL, P.C.
By: Charles N. Shurr, Jr., Esquire
Identification No. 74813
660 Penn Square Center
601 Penn Street
P.O. Box 61
Readinq, PA 19603-0061
(610) 374-8377
Attorney for Plaintiff
I
CORESTATES BANK, N.A.,
successor by merger to
MERIDIAN BANK,
IM TEl COUR'r 01' COHHOM PLUS 01'
CUHBBRLlUID COUHTY, PDlHSYLVAHYA
No. 97-337 Civil
.
.
.
.
Plaintiff
:
vs.
CIVIL ACTION - LAW
.
.
STEVEN A. FAILOR and
CYNTHIA L. FAILOR,
Defendants
:
.
.
CONFESSION OF JUDGMENT
ORDER
AND NOW, this day of , 1997, after
considerinq Plaintiff's Answer to Defendants' Petition to Strike
and/or Open Judgment, it is hereby
ORDERED, that said Petition is denied.
BY THE COURT:
J.
108763.1
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BINGAMAN, HESS, COBLENTZ & BELL, P.C.
By: Charles N. Shurr, Jr., Esquire
Identification No. 74813
660 Penn Square Center
601 Penn street
P.O. Box 61
Reading, PA 19603-0061
(610) 374-8377
Attorney for Plaintiff
IN THB COURT OF COKMON PLBAS OF
CUMB~ COUNTY, PBNNSYLVANIA
CORESTATES BANK, N.A.,
successor by merger to
MERIDIAN BANK,
No. 97-336 civil
.
.
plaintiff
CIVIL ACTION - LAW
vs.
STEVEN A. FAILOR and
CYNTHIA L. FAILOR,
Defendants
.
.
CONFESSION OF JUDGMENT
ANSWBR TO DBFBNDANTS'
PBTITION TO STRIKB AND/OR OPBN JUDGMBNT
plaintiff, CoreStates Bank, N .A. successor by merger to
Meridian Bank, by and through their attorneys, Bingaman, Hess,
Coblentz & Bell, P.c., answer the following in response to the
Petition to Strike and/or open Judgment ("Petition") filed by
Defendants, Steven A. Failor and cynthia L. Failor:
1. Admitted.
2. Admi tted.
3. Admitted.
4. Admitted in part and denied in part. It is specifically
admitted that the Defendants had made periodic monthly payments on
behalf of the promissory note ("Note") referenced in the complaint
108763. I
in Confession of Judgment ("Complaint"). However, it is
specifically denied that the Complaint does not accurately reflect
the amount due on the Note, as these payments stopped in May, 1996,
and the Defendants are due for the June, 1996 payment and all
subsequent payments. By way of further response, the Bank
statements attached to the Petition are only for the period July,
1994 through April, 1995.
5. Admitted in part and denied in part. It is specifically
admitted that the Defendants had been making periodic payments on
the Note by allowing the Bank to make direct withdrawals from their
checking account. However, it is specifically denied that they are
not in default under the Note, as these payments stopped in May,
1996, and the Defendants are due for the June, 1996 payment and all
subsequent payments.
6. Denied. In addition to the bank statements sent to the
Defendants every month, the Bank has provided the Defendants with
all documentation that they have requested, and the Defendants'
alleged misunderstandings regarding their outstanding loan
obligations to the Bank are not reasonable or grounded in logic.
7. Denied. The Plaintiff has not asserted the entitlement
to an improper amount under this loan obligation, as it has
properly applied all payments received on behalf of this loan
obligation, which payments stopped in May, 1996. The Defendants
are due for the June, 1996 payment and all subsequent payments due
on this loan.
108763.1
WHEREFORE, Plaintiff, Corestates Bank, N.A., successor by
merger to Meridian Bank, respectfully requests that the Petition to
strike and/or Open JUdgment be denied.
BINGAMAN, HESS, COBLENTZ & BELL, PC
, .} II
BY:~\. 'U,A(~ t,
Charles N. Shurr, dr., Esquire
Attorney 1.0. No. 74813
660 Penn Square Center
601 Penn Street
P.O. Box 61
Reading, PA 19603-0061
Attorneys for Plaintiff
108763.1
VBRII'ICATION
~
TAMMY REITER, an adult individual, verifies that she is a duly
authorized Banking Officer of CoreStates Bank, N .A., Plaintiff
herein, that she is authorized to make this verification on
Plaintiff's behalf, and that the facts set forth in the foregoing
complaint are true and correct to the best of her knowledge,
information and belief.
She makes this verification with a full understanding of 18
Pa. C.S. Section 4904, which relates to penalties for unsworn
falsifications to authorities.
Dated: jpt'-', /-~ ,11'117
.1", I IV-..: /,
Tammy/ Reiter
108763.1
BINGAMAN, HESS, COBLENTZ & BELL, P.C.
By: Charles N. Shurr, Jr., Esquire
Identification No. 74813
660 Penn Square Center
601 Penn Street
P.O. Box 61
Reading, PA 19603-0061
(610) 374-8377
Attorney for Plaintiff
CORESTATES BANK, N.A.,
successor by merger to
MERIDIAN BANK,
IN TUB COURT 01' COMMON PLUS 01'
CUHBBRLMlD COUNTY, PBNNSYLVANIA
No. 97-336 civil
Plaintiff
vs.
CIVIL ACTION - LAW
STEVEN A. FAILOR and
CYNTHIA L. FAILOR,
Defendants
CONFESSION OF JUDGMENT
CERTII'ICATION 01' SERVICB
I, Charles N. Shurr, Jr., Esquire, of Bingaman, Hess, Coblentz
& Bell, P.C., Counsel for Plaintiff, CoreStates Bank, N.A.,
successor by merger to Meridian Bank, do hereby certify that a true
and correct copy of the Answer to Defendantsl~petition to Strike
and/or Open Judgment has been served this _1t;th day of February,
1997, by first-class mail, postage pre-paia-,-upon the following:
Steven E. Grubb, Esquire
GOldberg, Katzman & Shipman, P.C.
320 Market Street
Strawberry Square
P.O. Box 1268
Harrisburg, PA 17108-1268
BINGAMAN, HESS, COBLENTZ & BELL, P.C.
tI,J l . ~
By: Cf~J; k Nh...,. ,
Charles N. Shu r, Jr., Esquire
108763.1
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in Confession of Judgment ("Complaint"). However, it is
specifically denied that the Complaint does not accurately reflect
the amount due on the Note, as these payments stopped in May, 1996,
and the Defendants are due for the June, 1996 payment and all
subsequent payments. By way of further response, the Bank
statements attached to the Petition are only for the period July,
1994 through April, 1995.
5. Admitted in part and denied in part. It is specifically
admitted that the Defendants had been making periodic payments on
the Note by allowing the Bank to make direct withdrawals from their
checking account. However, it is specifically denied that they are
not in default under the Note, as theBe payments stopped in May,
1996, and the Defendants are due for the June, 1996 payment and all
subsequent payments.
6. Denied. In addition to the bank statements sent to the
Defendants every month, the Bank has provided the Defendants with
all documentation that they have requested, and the Defendants'
alleged misunderstandings regarding their outstanding loan
obligations to the Bank are not reasonable or grounded in logic.
7. Denied. The Plaintiff has not asserted the entitlement
to an improper amount under this loan obligation, as it has
properly applied all payments received on behalf of this loan
obligation, which payments stopped in May, 1996. The Defendants
are due for the June, 1996 payment anti all subsequent payments due
on this loan.
108763.1
VBRII'ICATIOH
TAMMY REITER, an adult individual, verities that she is a duly
authorized Banking Ofticer of CoreStates Bank, N.A., Plaintiff
herein, that she is authorized to make this veritication on
Plaintiff's behalf, and that the facts set forth in the foregoing
complaint are true and correct to the best of her knowledge,
information and belief.
She makes this verification with a full understanding of 18
Pa. C.S. Section 4904, which relates to penalties for unsworn
falsifications to authorities.
Dated: jffi......?~ ,/117
--i,,,,/ f~ L ~,
TalDID~ Reiter
11l176S.1
BINGAMAN, HESS, COBLENTZ' BELL, P.C.
By: Charles N. Shurr, Jr., Esquire
Identification No. 74813 Attorney for plaintiff
660 Penn square Center
601 Penn street
P.O. Box 61
Readinq, PA 19603-0061
(610) 374-8377
IN TBJI COURT 01' COMHOH l'LBAS 01'
COHJIBPT.lt.BJ) COOH'l'Y, l'BIlHSYLDHIA
CORESTATES BANK, N .A. ,
successor by merqer to
MERIDIAN BANK,
No. 97-336 civil
:
Plaintiff
.
.
CIVIL ACTION - LAW
vs.
.
.
STEVEN A. FAILOR and
CYNTHIA L. FAILOR,
Defendants
:
.
.
CONFESSION OF JUDGMENT
.
.
ORDER
AND NOW, this day of , 1997, after
considerinq plaintiff'S Answer to Defendants' Petition to strike
and/or Open Judgment, it is hereby
ORDERED, that said Petition is denied.
BY THE COURT:
tllll161.\
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BINGAMAN, HESS, COBLENTZ & BELL, P.C.
By: David E. Turner, Esquire
Identification No. 19380
660 Penn Square Center
601 Penn Street
P.O. Box 61
Reading, PA 19603-0061
(610) 374-8377
Attorney for Plaintiff
CORESTATES BANK, N.A.,
successor by merger to
MERIDIAN BANK,
IN TBB COURT OP COMMON PLEAS OF
CUMBIRLAND COUNTY, PENNSYLVANIA
No. 97-333 Civil
97-334 Civil
97-336 Civil
97-337 r.ivil ./
plaintiff
vs.
STEVEN A. FAILOR and
CYNTHIA L. FAILOR,
Defendants
CIVIL ACTION - LAW
PROOP OP SIRVICI
COUNTY OF BERKS
COMMONWEALTH OF PENNA.
18.
I, Malissa N. Young, do depose and say that I served true
and correct of Plaintiff's First Set of Interrogatories and
Request for Production of Documents Addressed to Defendants in
each of the above actions were served on June ~, 1997, via
U.S. First class mail addressed as follows:
Thomas J. Weber, Esquire
Goldberg, Katzman & Shipman, P.C.
320 Market Street, Strawberry Square
P.O. Box 1268
Harrisburg, PA 17108-1268
lNt;, Cu,'.. 17
Mallssa N. Young
Sworn to and subscribed before me
I.l.".l t..' '7
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this I,{J, day of
('1 f1 'f' (
199.1..
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O{UG 2 8 1997
BINGAMAN, HESS, COBLENTZ & BELL, P.C.
By: David E. Turner, Esquire
Identification No. 19380
660 Penn Square Center
601 Penn Street
P.O. Box 61
Reading, PA 19603-0061
(610) 374-8377
Attorney for Plaintiff
CoreStates Bank, N.A.
CORESTATES BANK, N.A.,
successor by merger to
MERIDIAN BANK,
IN THE COURT OF COKMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
No. 97-337 Civil
Plaintiff
vs.
STEVEN A. FAILOR and
CYNTHIA L. FAILOR,
Defendants
CIVIL ACTION - LAW
CERTIFICATE OF SERVICE
I, David E. Turner, Esquire, hereby certify that a true and
correct copy of the foregoing Motion of Plaintiff to Compel
Defendants' Answers to Plaintiff's First Set of Interrogatories
and Request for Production of Documents was mailed on
A l), J II iI'i'\ 'j by United States first class mail, postage prepaid
upon the following party:
Thomas J. Weber, Esquire
GOldberg, Katzman & Shipman, P.C.
320 Market Street, Strawberry square
P.O. Box 1268
Harrisburg, PA 17108-1268
'I J. 1'1 i 1 ~ .
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David E. Tur er, Esquire
DATED: )'}'," 'I
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CORESTATES BANK, N.A..
succcssor by mcrger to
MERIDIAN BANK,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
97-337 CIVIL TERM
vs.
STEVEN A. FAILOR and
CYNTHIA L. FAILOR.
Dcfcndants
CIVIL ACTION - LAW
IN RE: PLAINTIFF'S MOTION TO COMPEL ANSWERS
ORDER
AND NOW, this Z 'I ~ day of August. 1997, a rulc is issucd on thc dcfendants to
show cause why the relief requested in the within motion ought not to be grantcd. This rule
returnable twenty (20) days after scrvicc.
BY TI-IE COURT.
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Production of Documents Directed to Defendant, Cynthia L. Failor
upon counsel for the Defendants. A true and correct copy of the
June 13, 1997 letter serving discovery, a copy of the Proof of
Service, and a copy of Plaintiff's discovery requests are
attached hereto as Exhibit A and incorporated herein by
reference.
2. Pursuant to Pa.R.C.P. 4006(a) (2) and 4009, Defendants'
answers and objections, if any, to said discovery requests were
due on or about July 13, 1997.
3. Counsel for the Plaintiff subsequently contacted
counsel for the Defendants by telephone to request a response to
the Plaintiff's discovery requests.
4. To date, Defendants have failed to respond to
Plaintiff's discovery requests by way of substantive responses or
objections, although more than thirty (30) days have elapsed
since Defendants were served with Plaintiff's discovery request.
5. Defendants' failure to answer Plaintiff's discovery
requests is delaying the captioned matter and has caused
Plaintiff undue hardship in preparing its case for trial.
6. Plaintiff's case may be prejudiced by not receiving
Defendants' discovery answers.
7. Plaintiff respectfully requests that this Honorable
Court grant its Motion to compel Defendants' answers to
Plaintiff's discovery requests and respectfully requests that
this Court enter the attached Order.
WHEREFORE, Plaintiff, CoreStates Bank, N.A., successor by
merger to Meridian Bank, respectfully requests that this
I BeBI
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DAVI) II. 'NfVCfII
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CAN. D. CMlNUoTH..m.
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KA,IIqN ~ LONO&NI:~
SHAWN J. LAUe
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KCVlH W. R&'TtiOft&.
CHARI.U N. !HUM. JR.
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BINGAMAN, HESS, COBLENTZ & BELL
A PROFESSIONAL CORPORATION
ATTORNEYS AT 'J.W
660 PENN SQUARE CENTER . eo. PENN SmEET
P,O. BOX 51
READING. PENNSYLVANIA 1!HlO3.()()l11
TELEPHONE (510) 374-8377
FAX /I (510) 375.3105
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DAVID.. ~..
Of' COUNSI1.
MlJIW J. ALn<<:lUSL JIIC.
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June 13, 1997
SHAWN J. LAU. P C.
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1'10 II. MMLTON PIKE
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PAX (101') 42""'12
Thomas J. Weber, Esquire
Goldberg, Katzman & Shipman, P.C.
320 Market Street, Strawberry Square
P.O. Box 1268
Harrisburg, PA 17108-1268
Re: Steven A. Failor and Cynthia L. Failor
Our File No. 1011-536
Dear Mr. Weber:
I am enclosing Plaintiff's First Set of Interrogatories
Addressed to each Defendant in each of the CUmberland County Civil
Actions docketed to numbers 97-333, 97-334, 97-336 and 97-337. I
am also enclosing two Notices of Depositions for your clients,
scheduling their depositions for Monday, July 28, 1997 at my
office.
If I do not receive responses to the enclosed discovery within
the thirty day period allotted by the Pennsylvania Rules of Civil
Procedure, I reserve the right to reschedule the said depositions
for a later date.
Very truly yours,
BINGAMAN, HESS, COBLENTZ & BELL, P.C.
~AJrr nj~llrl"
David E. Turner, Esquire
DET:mny
Enclosures
cc: James T. Grady - CoreStates Bank, N.A. - 6-94-3-130 (whenc.)
BINGAMAN, HESS, COBLENTZ (, BELL, P. C.
By: David E. Turner, Esquire
Identification No. 19380
660 Penn Square Center
601 Penn Street
P.O. Box 61
Reading, PA 19603-0061
(610) 374-8377
Attorney for Plaintiff
Plaintiff
IH TBB COtmT 01' COIdMOH llLBAB or
CtlJIBBRLAND COtDI'1'Y, llmorsnVAmA
No. 97-333 Civil
97-334 Civil
97-336 Civil
97-337 Civil
CORESTATES BANK, N.A.,
successor by merger to
MERIDIAN BANK,
vs.
STEVEN A. FAILOR and
CYNTHIA L. FAILOR,
Defendants
CIVIL ACTION -
LAWn \0 ~
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llROOP 01' SDVICE
COUNTY' OF BERKS
COMMONWEALTH OF PENNA.
ss.
I, Malissa N. Young, do depose and say that I served true
and correct of Plaintiff's First Set of Interrogatories and
Request for Production of Documents Addressed to Defendants in
each of the above actions were served on June ~, 1997, via
O.S. First class mail addressed as follows:
Thomas J. Weber, Esquire
Goldberg, Katzman' Shipman, P.C.
320 Market Street, Strawberry Square
P.O. Box 1268
Harrisburg, PA 17108-1268
771/} i..!~l'-_ 11 11:0:'.'7-
MaiIssa N. Young / Ii
Sworn to and subscribed before me
this I'NJ, day of f\~J Y\ C , 199 'i.
v
C" 0:;1/1' -Ir.,( ;,. {'';;~';r. ,\11 flr..' '/;J,,~
:J Notary PUblic
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Any Interrogatories which directly require an answer showing
the mental impressions of the party's attorney or his conclusions,
opinions, memoranda, notes or summaries, legal research or legal
theories need not be answered. Further, any Interrogatory which
requests an answer which would require the representative of a
party, other than the party I s attorney, to disclose his mental
impre.sions, conclusions or opinions respecting the value or merit
of a claim or defense or respecting strategy or tactics need not be
answered. All other information concerning statements, reports,
memoranda, correspondence and other writings, even though made or
secured in anticipation of litigation or in preparation for trial,
must be furnished.
All answers should be set forth in the space following each
nWDbered Interrogatory. If that space is inadequate for this
purpose, the answer may be set forth on a supplemental sheet
attached to the answer, clearly marked to indicate the number of
the Interrogatory whose answer is being supplemented.
DEFINITIONS AND INSTRUCTIONS.
Unless negated by the context of the interrogatory, the
following definitions are to be considered to be applicable to all
interrogatories contained herein:
1. The term "document" lIeans and refers to all original
writings of any nature whatsoever and all drafts and all nonidenti-
cal copies thereof and includes, but is not limited to, correspon-
dence, telegrams, other written communications, data processing
storage units, tapes, contracts, agreements, notes, schedules,
facsimiles, prints, drawings, specifications, summaries,
compilations, analyses, memoranda, indexes, work papers, studies,
surveys, internal and external reports, charts, diaries, logs,
calendars, film, photographs, minutes of meetings, invoices,
receipts, bills, purchase orders, orders, confirmations, bills of
lading, delivery receipts and any and all other documents as
defined in Rule 4009 in the Pennsylvania Rules of Civil Procedure.
In all cases where originals and non-identical copies are
available, "document" also means copies thereof.
2. The terms "Plaintiff" means and refers to CoreStates Bank,
N.A., successor by merger to Meridian Bank, the Plaintiff herein.
3. The term "Defendant" means and refers to Steven A. Failor
and Cynthia L. Failor, individually, jointly and/or trading as Fine
Line Restorations, Defendants herein.
4. The term "person" means and refers to a natural person,
governmental agency, department or body, corporation, company,
trust, sole proprietorship, 'estate, partnership, joint adventure,
or any other entity, including any officer, director, employee,
112574.1
owner, partner, executor, trustee, agent, representative or
successor or assignee thereof.
5. The terms "relating to" , "connected with" and "in
connection with" mean constituting, comprising, containing, setting
forth, showing, disclosing, describing, explaining, summarizing,
concerning or referring to, directly or indirectly.
. 6. The conjunctions "and" and "or" shall be individually
interpreted in every instance as meaning "and/or" and shall not be
interpreted disjunctively to exclude any document otherwise within
the scope of any request.
.
7 . As used herein, all words used in their singular form
shall be deemed to include the words in their plural form.
8. Where an identification of,a person is requested herein,
give his or her name, present or last known address (and if last
known address, the last known date thereof), present and past
positions, the name of each company which employed each person and
each position, the inclusive dates of such employment during the
time period applicable to these interrogatories, and the person
whom he or she was representing or acting for, if any.
9. When identification of a document is requested herein,
give the type of document, (e.g., memorandum, telegram, agreement),
title of file and identifying number and symbol, subject matter and
name and address of the custodian. If any such document was, but
is no longer, in Defendant's possession or subject to its custody
or control, state what disposition was made of it, the date
thereof, identify the person or persons responsible for such
disposition, and the policy, rule, order or other authority by
which such disposition was made. For documents to which Defendant
had access but which were and are not in the possession, custody,
or control of Defendant, set forth in addition to the information
indicated above, the circumstances under which Defendant had access
to the documents. In addition to identification of a document,
Defendant shall furnish simultaneously with the filing of his
answers to these Interrogatories, and the related Request for
Production of Documents, such document for inspection and copying
by Plaintiff, at the offices of its counsel, Bingaman, Hess,
Coblentz & Bell, P.C., 660 Penn Square Center, 601 Penn Street,
P.O. Box 61, Reading, Pennsylvania 19603, provided that such
document is segregated and identified to each particular interroga-
tory.
10. When identification of an oral statement, discussion,
conversation or conference (use herein of anyone of which shall be
deemed to include all others) is requested, identify the person
making such statement, the person to whom such statement was made,
and all other persons present at the time of such statement; state
112574.1
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the date of such statement; state the place where such statement
was made; or, if by telephone, the persons participatinq in the
telephone call and the person makinq the telephone call, and the
places where the person participatinq in the call was located; and
state the substance of such statement.
, 11. When identification of place or location is requested
state the street, house or apartment number, political subdivision
(e.q., township, borouqh, city, etc.), county and state or foreiqn
. country of such place or location.
"
12. The term "colDlllunication" means and refers to any oral
statement, diacussion, conversation or conference (whether face to
face or by telephone or in any document) by, for, between or amonq
one or more persons.
13. "Describe" and/or "state" mean to set forth fully and
unambiquously every fact relevant to the answer called for by the
interroqatory or by the Defendant, their employees, aqents or
representatives have knowledqe.
14. Identify separately with each answer to each interroqato-
ry all sources of information provided in such answer with a
description sufficient to use in a subpoena.
15. Each document produced should be separately marked or
identified as relatinq to the specific request.
16. If you claim that the attorney-client, attorney work
product, or any other privilege is applicable to any document which
is souqht by this request, you shall, with respect to that
document:
a. state the date of the document;
b. Identify each and every author of the documents;
c. Identify each and every other person who prepared or
participated in the preparation of the document;
d. Identify each and every person who received the document;
e. Identify each and every person from whom the document was
received;
f. State the present location of the document and all copies
thereof;
g. Identify each and every person who has ever had posses-
sion, custody or control of ' the document or any copy thereof; and
112574.1
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2. Identify all receipts and records of any payments, which
the Defendants paid to the Plaintiff on behalf of the outstanding
Note. Include the type and source of the record; all information
contained on any checks or other payment receipts; and the
account(s) from which these payments were made, including account
number(s), type of account(s), and with whom the account(s) were
maintained.
t
3. Identify any witnesses to any payments the Defendants
made to the Plaintiff on behalf of the outstanding Note.
4. Describe in detail how the Note was allegedly satisfied.
Include the exact amount of consideration paid to the Plaintiff to
satisfy this debt; who tendered this satisfaction; the method of
satisfaction; date of satisfaction; the place and time of
satisfaction; all information contained on any checks or other
payment receipts, which allegedly satisfied this debt; and the
account(s) from which this satisfaction was tendered, including
account number(s), type of account(s), and with whom the account(s)
were maintained.
112174.1
9. Stllte the nllmes llnd llddresses ot llll persons known to you
or your llttorneys who know llny relevllnt tact pertllininq to the
subject matter ot this litiqlltion.
10. Stllte the nllme and address ot any and all individuals
whom you expect to a cllll llS witnesses llt trilll.
11. With reference to pllrllqraph 10, stllte the content ot the
testimony ot each witness includinq the relevllnt tllctualllsS8rtions
to which that witness will testity.
12. With respect to pllraqraph 11 ot these Interroqatorie.,
stllte the tactual bllSis tor each llnd every tactual assertion which
will be testit1ed to by each llnd every witness set forth in
paraqraph 10 above.
112574.1
,'::' _:~',)tj~-: ~.~~~~
REOUEST ~OR PRODUCTION OF DOCUMENTS
INSTRUCTIONS:
1. The requests listed below shall be deemed to be continu-
ing and require prompt supplemental production of documents in the
event that Defendant or their counsel learns of additional
documents not produced on the scheduled production date.
Supplemental production shall be made from time to tiae, but in no
.event later than three (3) business days after such further
documents are discovered.
I.
I
2. Each. request should be responded to separately and as
completely as possible. The fact that an investigation is
continuing or that discovery is not complete shall not constitute
cause for failure to response to each request. The omission of any
document from the response shall ~ deemed a representation that
the document was not in the possession, custody or control of
Plaintiff or his attorney at the time of production of documents.
3. In the event that any Document sought by these requests
has been destroyed or is discarded, that Document is to be
identified by stating:
(a) Any address or addressee;
(b) Any indicated or blind copy;
(c) The Document's date, subject matter, number of pages
and attachments or appendices;
(d) All persons to whom the Document was distributed,
shown or explained;
(e) Its date of destruction or discard, manner of
destruction or discard and the reason for destruction or discard;
and
(f) The persons authorizing and carrying out such
destruction or discard.
4. The term "document" means and refers to all original
writings of any nature whatsoever and all drafts and all nonidenti-
cal copies thereof and includes, but is not limited to, correspon-
dence, telegrams, other written communications, data processing
storage units, tapes, contracts, agreements, notes, schedules,
facsimiles, prints, drawings, specifications, summaries,
compilations, analyses, memoranda, indexes, work papers, studies,
surveys, internal and external reports, charts, diaries, loqs,
calendars, film, photographs, minutes of meetings, invoices,
receipts, bills, purchase orders, orders, confirmations, bills of
lading, delivery receipts and any and all other documents as
defined in Rule 4009 in the Pennsylvania Rules of Civil Procedure.
In all cases where originals and non-identical copies are
available, "document" also means copies thereof.
112574.1
5. The term "Plaintiff" means and refers to CoreStates Bank,
N.A., successor by merger to Meridian Bank.
6. The term "Defendant" means and refers to steven A. Failor
and cynthia L. Failor, individually, jointly and/or trading as Fine
Line Restorations, Defendants herein.
7. The term "person" means and refers to a natural person,
governmental agency, department or body, corporation, company,
trust,.sole proprietorship, estate, partnership, joint adventure,
or any other entity, including any officer, directory, employee,
owner, partner, executor, trustee, agent, representative or
successor or a~sign thereof.
8. The terms "relating to", "connected with" and "in
connection with" mean constituting, comprising, containing, setting
forth, showing, disclosing, describing, explaining, summarizing,
concerning or referring to, directly or indirectly.
9. The conjunctions "and" and "or" shall be individually
interpreted in every instance as meaning "and/or" and shall not be
interpreted disjunctively to exclude any document otherwise within
the scope of any request.
10. As used herein, all words used in their sinqular form
shall be deemed to include the words in their plural form.
11. Where an identification of a person is requested herein,
give his or her name, present or last known address (and if last
known address, the last known date thereof), present and past
positions, the name of each company which employed each person and
each position, the inclusive dates of such employment during the
time period applicable to these interrogatories, and the person
whom he or she was representing or acting for, if any.
12. When identification of a document is requested herein,
give the type of document, (e.g., memorandum, telegram, agreement),
title of file and identifying number and symbol, subject matter and
name and address of the custodian.
If any such document was, but is no longer, in Defendant's
possession or subject to its custody or control, state what
disposition was made of it, the date thereof, identify the person
or persons responsible for such disposition, and the policy, rule,
order or other authority by which such disposition was made. For
documents which Defendant had access to but which were and are not
in the possession, custody, or control of Defendant, set forth in
addi tion to the information indicated above, the circumstances
under which Defendant had access to the documents. In addition to
identification of a document, Defendant shall furnish simultaneous-
ly with the filing of its answers to these Interrogatories, and the
related Request .tor Production of Documents, such document for
112574.1
.. ....... ~.. . ..." ...... .. -,
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inspection and copying by Plaintiff, at the oftices of their
counsel, Bingaman, Hess, Coblentz & Bell, 660 Penn Square Center,
601 Penn street, P.O. Box 61, Reading, Pennsylvania 19603, provided
that such document is segregated and identified to each particular
interrogatory.
.13. When identification of an oral statement, discussion,
conversation or conference (use herein of anyone of which shall be
deemed to include all others) is requested, identify the person
making such statement, the person to whom such statement was made,
and all other persons present at the time of such statement; state
the date of such statement; state the place where such statement
was made; or, ,if by telephone, the persons participating in the
telephone call and the person making the telephone call, and the
places where the person participating in the call was located; and
state the substance of such statement.
14. When identification of place or location is requested
state the street, house or apartment number, political subdivision
(e.g., township, borough, city, etc.), county and state or foreign
country of such place or location.
lS. The term "colll1llunication" ..ans and refers to any oral
statement, discussion, conversation or conference (whether face to
face or by telephone or in any document) by, for, between or among
one or more persons.
16. "Describe" andlor "state" lIean to set forth fully and
unambiguously every fact relevant to the answer called for by the
interrogatory or by the defendant, his employees agents or
representatives have knowledge.
17. Identify separately with each answer to each interrogato-
ry all sources of information provided in such answer with the
description sufficient to use in a subpoena.
18. Each document produced should be separately marked or
identified as relating to the specific request.
19. If you claim that the attorney-client, attorney work
product, or any other privilege is applicable to any document which
is sought by this request, you shall, with respect to that
document:
a. state the date of the document;
b. Identify each and every author of the documents;
c. Identify each and every other person who prepared or
participated in the preparation of the document;
d. Identify each and every person who received the document;
e. Identify each and every person from whom the document was
received;
f. State the present location of the document and all copies
thereof;
112574.1
,C>^'".-,.....,,'....-.....
g. Identify each and every person who has ever had posses-
sion, custody or control ot the document or any copy thereot; and
h. Provide sufficient turther intormation concerning the
docUlllent and the circ:wutances thereot to explain the claim of
privilege and to permit the adjudication ot the propriety.
i. Any addressor or addressee;
j. Any indicated or blind copy;
k. The DOCUlllent' s date, subject matter, nUlll!:ler of pages and
attachments or appendices;
1. All persons to whom the DOCUlllent vas dist=ibuted, shown
or explained;
m. Its present custodian; and
n. The.nature ot the privilege asserted.
DOCUHEKTS RBQUBSTEDI
1. Provide copies ot any and all DOCUlllents and documentary
exhibits in the above-captioned proceeding which you intend to use
at trial, whether or not you intend to offer them into evidence.
2. Copies ot any and all documentary material in the
possession of Detendant which supports or relates to the claims or
defenses asserted in this action by Plaintift, including, but not
limited to, bank loan and deposit account statements, check
register(s), checks, deposit and withdrawal slips tor the period
1994 to the present.
3. All dOCUlllents related to any allegations contained in the
Defendant's Answer and New Hatter.
4.
experts
whether
All opinions or reports prepared for Defendant by any
with respect to the subject matter of this litigation,
or not you intend to offer them into evidence.
5. All resumes, curriculum vitaes or qualification
briefs/summaries of any experts engaged by Defendant to provide
expert testimony in this matter.
6. Copies of all docUlllents identified, described, or
otherwise referred to in the foregoing answers to Interrogatories.
Dated: C (I t.{9. .,
BINGAMAN, HESS, COBLENTZ , BELL, P.C.
B~'jj)v.,OfX~ .
David E. Turner, Esquire
Attorneys for Plaintiff
112574.1
BINGAMAN, HESS, COBLENTZ & BELL, P.C.
By: David E. Turner, Esquire
Identification No. 19380
660 Penn Square Center
601 Penn Street
P.O. BOle 61
Reading, PA 19603-0061
(610) 374-8377
Attorney for Plaintiff
..' ...
Dr THE COUllT 01' COIOlO. 'LEAS 01'
CUHBERLUD COmrrY, 'DlHSYLVAHIA
CORESTATES BANK, N.A., .
.
successor by merger to .
.
MERIDIAN BANK, .
.
Plaintiff .
.
vs. .
.
:
STEVEN A. FAILOR and :
CYNTHIA L. FAILOR, :
Defendants .
.
No. 97-337 civil
CIVIL ACTION - LAW
PLAJ:HTIFF' S FIRST SET OF IHTElUlOGATOUBS
AND REQUEST FOR PRODUCTION OF DOCUHB&fS
DIRECTED TO DEFENDANT. CYNTHIA L. PAlLOR
TO: Cynthia L. Failor
You are hereby requested to answer the following Interrogato-
ries in writing and under oath, and to respond to the following
Request for Production of Documents, within thirty (30) days after
service of the Interrogatories upon you in accordance with
Pennsylvania Rules of Civil Procedure 4001 n~. These Interrog-
atories and Requests are deemed to be continuing in nature and any
information obtained by you subsequent to the filing of your
answers to these Interrogatories and Requests is to be supplied by
the tiling of supplemental answers. Furt~er, both the party to
whom these Interrogatories and Requests are addressed and any
expert who answers such Interrogatories has a duty to supplement
the response if he or she knows that the response was incorrect
when made or if he or she knows that the response although correct
when made is no longer true.
.
112574.1
Any Interrogatories which directly require an answer showing
the mental impressions ot the party's attorney or his conclusions,
opinions, memoranda, notes or summaries, legal research or legal
theories need not be answered. Further, any Interrogatory which
requests an answer which would require the representative ot a
party, other than the party's attorney, to disclose his mental
impressions, conclusions or opinions respecting the value or merit
ot a claim or de tense or respecting strategy or tactics need not be
answered. All other intormation concerning statements, reports,
memoranda, correspondence and other writings, even though made or
.ecured in anticipation ot litigation or in preparation tor trial,
must be turnished.
All answers should be set torth in the space tollowing each
numbered Interrogatory. It that space is inadequate tor this
purpose, the answer may be set torth on a supplemental sheet
attached to the answer, clearly marked to indicate the number ot
the Interrogatory whose answer is being supplemented.
DEFINITIONS AND INSTRUCTIONS.
Unless negated by the context ot the interrogatory, the
tollowing detinitions are to be considered to be applicable to all
interrogatories contained herein:
1. The term "document" means and reters to all original
writings of any nature whatsoever and all dratts and all nonidenti-
cal copies thereof and includes, but is not limited to, correspon-
dence, telegrams, other written communications, data processing
storage units, tapes, contracts, agreements, notes, schedules,
facsimiles, prints, drawings, specifications, summaries,
compilations, analyses, memoranda, indexes, work papers, studies,
surveys, internal and external reports, charts, diaries, logs,
calendars, film, photographs, minutes of meetings, invoices,
receipts, bills, purchase orders, orders, confirmations, bills ot
lading, deli very receipts and any and all other documents as
defined in Rule 4009 in the Pennsylvania Rules of Civil Procedure.
In all cases where originals and non-identical copies are
available, "document" also means copies thereof.
2. The terms "Plaintiff" means and refers to Corestates Bank,
N.A., successor by merger to Meridian Bank, the Plaintift herein.
3. The term "Defendant" means and refers to steven A. Failor
and Cynthia L. Failor, individually, jointly andlor trading as Fine
Line Restorations, Defendants herein.
4. The term "person" means and refers to a natural person,
governmental agency, department or body, corporation, company,
trust, sole proprietorship,' estate, partnership, joint adventure,
or any other entity, including any officer, director, employ..,
.'
11251&.1
owner, partner, executor, trustee, agent, representative or
SUccessor or assignee thereot.
5. The terms "relating to", "connected with" and n in
cOMection with" mean constituting, comprising, containing, setting
torth, showing, disclosing, describing, explaining, summarizing,
concerning or reterring to, directly or indirectly.
6. The conjunctions "and" and "or" shall be individually
interpreted: in every instance liS meaning "and/or" and shall not be
interpreted disjunctively to exclude any document otherwise within
the scope ot any request.
.
7. As used herein, all words used in their singular torm
shall be deemed to include the words in their plural torm.
8. Where an identitication ot a person is requested herein,
give his or her name, present or last known address (and it last
known address, the last known date thereot), present and past
positions, the name of each company which employed each person and
each position, the inclusive dates of such employment during the
time period applicable to these interrogatories, and the person
whom he or she was representing or acting tor, if any.
9. When identitication ot a document is requested herein,
give the type of document, (e.g., memorandum, telegram, agreement),
title of tile and identitying number and symbol, subject matter and
name and address ot the custodian. If any such document was, but
is no longer, in Defendant's possession or subject. to its custody
or control, state what disposition was made of it, the date
thereof, identify the person or persons responsible for such
disposition, and the policy, rule, order or other authority by
which ~uch disposition was made. For documents to which Defendant
had access but which were and are not in the possession, custody,
or control of Defendant, set forth in addition to the information
indicated above, the circumstances under which Defendant had access
to the documents. In addition to identification of a document,
Defendant shall furnish simultaneously with the filing of his
answers to these Interrogatories, and the related Request for
Production of Documents, such document for inspection and copying
by Plaintiff, at the offices of its counsel, Bingaman, Hess,
Coblentz & Bell, P.C., 660 Penn Square Center, 601 PeM Street,
P.O. Box 61, Reading, Pennsylvania 19603, provided that such
document is segregated and identified to each particular interroga-
tory.
10. When identification ot an oral statement, discussion,
conversation or conference (use herein of anyone of which shall be
deemed to include all others) is requested, identity the person
making such statement, the person to whom such stat8lllent waG lIIade,
and all other persons present at the time of such stat...nt; stat.
112574.1
-. -... . .... ...........~.
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the date of such statement; state the place where such statement
was made; or, if by telephone, the persons participating in the
telephone call and the person making the telephone call, and the
places where the person participating in the call was located; and
state the substance of such statement.
11. .When identitication of place or location is requested
state the street, house or apartment number, political Subdivision
(e.g., township, borough, city, etc.), county and state or foreign
country of such place or location.
12. The term "coDllllunication" means and refers to any oral
stattiment, discussion, conversation or conference (whether face to
face or by telephone or in any document) by, for, between or among
one or more persons.
13. "Describe" andlor "state" mean to set forth fully and
unambiguously every fact relevant to the answer called for by the
interrogatory or by the Defendant, their employees, agents or
representatives have knowledge.
14. Identify separately with each answer to each interrogato-
ry all sources of information provided in such answer with a
description sufficient to use in a subpoena.
15. Each document produced should be separately marked or
identified as relating to the specific request.
16. If you claim that the attorney-client, attorney work
product, or any other privilege is applicable to any document which
is sought by this request, you shall, with respect to that
document:
a. State the date of the document;
b. Identify each and every author of the documents;
c. Identify each and every other person who prepared or
participated in the preparation of the document;
d. Identify each and every person who received the document;
e. Identify each and every person from whom the document was
received;
f. state the present location of the document and all copies
thereof;
g. Identify each and every person who has ever had posses-
sion, custody or control of'the document or any copy thereof; and
112574.1
5. Explain the payment the Defendants allegedly made by
check 287 in the amount of $56,137.91. Include the source of this
money, how this payment was tendered to the Plaintiff, the exact
content of any discussions between the Plaintiff and Defendants
regarding this payment, and the identity of any witnesses to this
transaction or any documents related to this transaction.
t
"
,
,
,
6. Identity any witnesses to the allll9'ed assurances made by
the Plaintiff that the Note was sa~isfied.
7. Identify any documents that are related to the allll9'ed
assurances made by the Plaintiff that the Note was satisfied.
8. Explain how the Defendants allegedly conveyed to the
Plaintiff the existence of a misunderstanding regarding the status
of the Note. Include dates, times, places, and the identity of any
witnesses and documents related to this assertion.
112574.1
(c) For each expert identified above, please attach his
reports signed by him.
15. Have you or anyone acting on your behalt obtained trom
any person(s) any statement(s) (as detined by the Rules ot civil
Procedure) concerning this action or its subject matter?
It so, identity:
(a) each such person;
(b) when, where, by whom and to whom each statement was
made, and whether it was reduced to writing or otherwise recorded;
(c) any person(s) who has custody ot any such stat8lll8nt
that were reduced in writing or otherwise recorded; and
ment.
(d) the exact nature and content ot every such state-
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REOUEST FOR PRODUCTION OF DOCUMENTS
INSTRUCTIONS I
1. The requests listed below shall be deemed to be continu-
ing and require prompt supplemental production ot documents in the
event that Detendant or their counsel learns ot additional
documents not produced on the scheduled production date.
Supplemental production shall be made trom time to time, but in no
event later than three.. (3) business days atter such turther
documents are discovered.
2. Eac~ request should be responded to separately and as
completely as possible. The tact that an investigation is
continuing or that discovery is not complete shall not constitute
cause tor tailure to response to each request. The omission ot any
document trom the response shall b~ deemed a representation that
the document was not in the possession, custody or control ot
Plaintitf or his attorney at the time ot production ot documents.
3. In the event that any Document sought by these requests
has been destroyed or is discarded, that Document is to be
identified by stating:
(a) Any address or addressee;
(b) Any indicated or blind copy;
(c) The Document's date, subject matter, number of pages
and attachments or appendices;
(d) All persons to whom the Document was distributed,
shown or explained;
(e) Its date of destruction or discard, manner of
destruction or discard and the reason for destruction or discard;
and
(f) The persons authorizing and carrying out such
destruction or discard.
4. The term "document" means and reters to all original
writings of any nature whatsoever and all dratts and all nonidenti-
cal copies thereof and includes, but is not limited to, correspon-
dence, telegrams, other written communications, data processing
storage units, tapes, contracts, agreements, notes, schedules,
facsimiles, prints, drawings, specifications, summaries,
compilations, analyses, memoranda, indexes, work papers, studies,
surveys, internal and external reports, charts, diaries, logs,
calendars, tilm, photographs, minutes ot meetings, invoices,
receipts, bills, purchase orders, orders, confirmations, bills of
lading, delivery receipts and any and all other documents as
defined in Rule 4009 in the Pennsylvania Rules ot Civil Procedure.
In all cases where originals and non-identical copies are
available, "document" also lIIeans copies thereot.
112574.1
5. The term "plaintitt" means and reters to CoreStates Bank,
N.A., successor by merger to Meridian Bank.
6. The term "Defendant" means and reters to steven A. Failor
and Cynthia L. Failor, individually, jointly and/or trading as Fine
Line Restorations, Defendants herein.
7. The term "person" means and reters to a natural person,
governmental agency, department or body, corporation, company,
trust, sole proprietorship, estate, partnership, joint adventure,
or any other entity, including any officer, directory, employee,
owner, partner, executor, trustee, agent, representative or
successor or assign thereot.
.
8. The terms "relating to" , "coMected with" and "in
connection with" mean constituting, comprising, containing, setting
forth, showing, disclosing, describing, explaining, summarizing,
concerning or reterring to, directly or indirectly.
9. The conjunctions "and" and, "or" shall be individually
interpreted in every instance as meaning "and/or" and shall not be
interpreted disjunctively to exclude any document otherwise within
the scope ot any request.
10. As used herein, all words used in their singular form
shall be deemed to include the words in their plural form.
11. Where an identitication ot a person is requested herein,
give his or her name, present or last known address (and if last
known address, the last known date thereot), present and past
positions, the name of each company which employed each person and
each position, the inclusive dates of such employment during the
time period applicable to these interrogatories, and the person
whom he or she was representing or acting tor, it any.
12. When identification of a document is requested herein,
give the type of document, (e.g., memorandum, telegram, agreement),
title of file and identifying number and symbol, subject matter and
name and address of the custodian.
If any such document was, but is no longer, in Defendant's
possession or subject to its custody or control, state what
disposition was made ot it, the date thereof, identity the person
or persons responsible for such disposition, and the policy, rule,
order or other authority by which such disposition was made. For
documents which Defendant had access to but which were and are not
in the possession, custody, or control of Defendant, set torth in
addition to the information indicated above, the circumstances
under which Detendant had access to the documents. In addition to
identification of a document, Detendant shall turnish simUltaneous-
ly with the tiling of its answers to these Interrogatories, and the
related Request ,tor Production of Documents, such document tor
112574.1
inspection and copying by Plaintitt, at the otfices ot their
counsel, Bingaman, Hess, Coblentz' Bell, 660 Penn Square Center,
601 Penn street, P.O. Box 61, Reading, Pennsylvania 19603, provided
that such document is segregated and identitied to each particular
interrogatory.
13. When identification ot an oral statement, discussion,
conversation or conterence (use herein ot anyone ot which shall be
deemed to include all others) is requested, identity the person
making such statement, the person to whom such statement was made,
and all other persons present at the time ot such statement; state
the date ot such statement; state the place where such statement
was made; or, it by telephone, the persons participating in the
telephone call and the person making the telephone call, and the
places where the person participating in the call was located; and
state the substance ot such statement.
14. ~fuen identification ot place or location is requested
state the street, house or apartment number, political subdivision
(e.g., township, borough, city, etc.), county and state or toreign
country of such place or location.
15. The term "communication" means and reters to any oral
statement, discussion, conversation or conterence (whether tac. to
tace or by telephone or in any document) by, tor, betwe.n or amon9
one or more persons.
16. "Describe" and/or "state" mean to set torth tully and
unambiguously every fact relevant to the answer called tor by the
interrogatory or by the detendant, his employees agents or
representatives have knowledge.
17. Identify separately with each answer to each interrogato-
ry all sources ot information provided in such answer with the
description sufficient to use in a subpoena.
18. Each document produced should be separately marked or
identified as relating to the specitic request.
19. If you claim that the attorney-client, attorney work
product, or any other privilege is applicable to any docuaent which
is sought by this request, you shall, with respect to. that
document:
a. state the date of the document; ,
b. Identity each and every author ot the dClCUll8lltS; ...... .... .
. c: Identify each and. every other person who ~or
partlclpated in the preparatlon ot the document;...;;,..>"",:;". 'd
d. Identify each and every person who receivedthe'40_~t
e. Identify each and every person trom whom the.4~~:~~.'
racei ved; , . . - ;,:~ };,s:;\~~{{'SJ~:5~:;,~:~};i:'<
f. State the present location ot the document an4 all':~~~:,);;(, .' "."
thereo f;' '."" '~<~\~0::~~,~:-.:~r{Tf:;;/:;:,;~:";:-i:~;};:':i('\
tJisT~.i,i" "'~~}:ii&
-;'," ,
g. Identity each and every person who has ever had posses- "1."
sion, custody or control ot the document or any copy thereof; and
h. Provide sutticient turther information concerning the
document and the circumstances thereot to explain the claim ot
privilege and to permit the adjudication of the propriety.
i. Any addressor or addressee;
j. Any indicated or blind copy;
k. The Document's date, subject matter, number ot pages and
attachments or appendices;
l. All persons to whom the Document was distributed, shown
or explained;
m. Its present custodian; and
n. The nature ot the privilege asserted.
DOCtJMDITS RBQUES'1'BDI
1. Provide copies ot any and all Documents and documentary
exhibits in the above-captioned proceeding which you intend to use
at trial, whether or not you intend to otter them into evidence.
2. Copies of any and all documentary material in the
possession of Detendant which supports or relates to the claims or
de tenses asserted in this action by Plaintitf, including, but not
limited to, bank loan and deposit account statements, check
register(s), checks, deposit and withdrawal slips tor the period
1994 to the present.
3. All documents related to any allegations contained in the
Defendant's Answer and New Matter.
4.
experts
whether
All opinions or reports prepared for Oetendant by any
with respect to the subject matter of this litigation,
or not you intend to otfer them into evidence.
5. All resumes, curriculum vitaes or qualitication
briefs/summaries of any experts engaged by Detendant to provide
expert testimony in this matter.
6. Copies of all documents identified, described, or
otherwise referred to in the toregoing answers to Interrogatories.
Dated: Gfi4~l
BINGAMAN, HESS, COBLENTZ , BELL, P.C.
B;~F C-^r--
David E. Turner, Esquire
Attorneys for Plaintiff
-
112574.1
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4. Admitted.
5. Denied. The current matter has not suffered any delay as a result of the discovery
issues present at this time,
6. Denied. It is denied that at this stature of the case any prejudice has been, or will be,
caused to the plaintiff as a result of the discovery issue.
7, Defendant are willing to provide responses to plaintilr s discovery requests,
WHEREFORE, Defendants will serve responses to plaintiffs' discovery requests within the
ten (10) days requested by the plaintilrs proposed order, or on or before September 29, 1997,
Respectfully submitted,
GOLDBERG, KATZMAN & SHIPMAN, P,C.
/CC
By:
c J
Th m s . Weber. ,D. #58853
Steve E, Grubb - I.D, # 75897
320 Market Street I Strawberry Square
Harrisburg, PA 17108-1268
Attorneys for Defendants
(717) 234-4161
Dated: September 18, 1997
2
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LAW OPFICES
GOLDBERG. KATZMAN & SHIPMAN, p,c.
RONALD /rl4. KAUMAN
HARRY. GlX.OICRG
,. La SHll'IolAN
PAUL J [SPOSITO
Hell. HCNOtAlHOT
J JAY ceOPtR
THO"'''S I: "UNNC"
.JOHN A SfATL[A
APRIL L STRANG. KUlA'
auy H IROOKS
JCf"CRSON J SM1PMAN
KARCN S 'CUCHT[N8CROtR
JtRRY J RUSSO
MICHAEL .J (ROCCHZI
ARNOLD B ICOGAN
THOMAS J WtBtR
[VAN J MLlNt.11l
.JOt+! DCl.OAtHZO
5 reV[N t. GRUBB
DlAHA WOODSot
J~ A NINOSKY
ORO MABaET STREET
STRAWBERRY SQUABE
P.O. BOX IROB
HARRISBURG. PENNSYLVANIA l710B.uaae
TBLEPBONE: (7171 gD4'41ftl
PAX: (7171 RQ""OBOO
PIBM a'M.AIL: OKSOOaSL.\W.COK
HeRSHty O,,'C[
eZ3 weST CHOCOLAT[ AVeNue
P O. BOX 555
HCASliCY, P/II.. 17033
17171'33."'04&
ARTHUR L. GOLDBCRQ
0' COUNseL
CARliSle O"IC[
'3 wtsT PO""AtT STRtU
CARLISLe, PA 17013
17171 Z4'.0!5G7
August I, 1997
TOAK O"IC[.
Z weST MARKeT STRtET
YORK. PA 1'''01
17I7I8"3.'DIZ
ICORRUPOND TO
HARRISBURG O,FICCI
VIA FACSIMILE (610.376.3105)
David E. Turner. Esquire
Bingaman, Hess, Coblentz &. Bell
660 Penn Square Center
60 I Penn Street
P. O. Box 61
Reading. PA 19603.0061
Re:
CoreStates Bank v. Stellen A. and Cynthia L. Failor
Potential Sale of 595 Mt. Rock Road, Carlisle, PA
Dear Dave:
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4. Admitted.
5. Denied. The current matter has not sutTered any delay as a result of the discovery
issues present at this time,
6. Denied. It is denied that at this stature of the case any prejudice has been, or will be,
caused to the plaintitT as a result of the discovery issue.
7, Defendant are willing to provide responses to plaintill's discovery requests.
WHEREFORE, Defendants will serve responses to plaintitTs' discovery requests within the
ten (10) days requested by the plaintill's proposed order, or on or before September 29,1997,
Respectfully submitted,
By:
Thom!! 1. Weber - 1. ,#58853
Steven E. Grubb. 1.0, # 75897
320 Market Street! Strawberry Square
Harrisburg, P A 17108-1268
Attorneys for Defendants
(717) 234-4161
Dated: September 18, 1997
2
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LAW OPPICES
GOLDBERQ, KATZMAN & SHIPMAN, Fe.
AQNALQ lot ll,ATZ/OlA,.
MARRY' aOLOltRQ
, LEt $MII'NAN
PAUL ~ [SPOSITO
NCIL HCNDERSHOT
J JAY COOPtR
THOMAS t IRCNNCA
JOHN A STATLeR
APRil. L STA"NO.ItUTAT
aUT H IAOOI(!
J["(RSOH J SHIP"''''''
KARCN S 'CUCIolTtNltROtA
JVlAT J RUSSO
MICHAeL. J CROCtN:1
ARNOLD I lCoaAN
THOMAS J WtltA
tVAN J ICLINt. III
JO..,. oeLOR0410
STEV[N t QAUIIJ
ClANA WOQOSlOt
JOHN ill NINOSKT
0130 NASSET 5TDEET
STRAWBEnBY SQUABE
P.O. BOX 11308
BABBISBUBO. PENNSYLVANIA 17108'u~e8
TI!l:LEPBONI!:: 11171 a04....IfU
PAX: (7171 130"'0808
PIRM a'KAlL: OKsooa5UW.COH
H[RSHey O"IC[
'5Z) wtsT CHOCOLATE AVENut
II 0 80;( 5'5
HERSHeY, P..... 11033
1'171533.40.8
.AFITHUA L GOLDBERQ
0' COI,,:N5[l,.
CARLlSLI: O'''CI:
'53 WCST 110"""1:1 STRUT
CARLISLe, P... .701)
17171 2'" .0587
August I, 1997
TORI( O"IC[
Z W[ST """'RIl:[T STR[[T
YORIl:...... 1'401
17171843. 'cuz
ICOAR[$PONO Yo
HARRISBURG orrlC[1
VIA FACSIMILE (610-376-3105)
David E. Turner, Esquire
Bingaman, Hess, Coblentz & Bell
660 Penn Square Center
601 Penn Street
P. O. Box61
Reading, PA 19603-0061
Re:
CoreStates Bank v. Steven A. and Cynthia L. Failor
Potential Sale of 595 Mt. Rock Road, Carlisle, PA
Dear Dave:
Kindly advise me as to any qu~tions or concerns you may have. Additionally, while
this matter is being addressed and we await the results of the propeny inspection. I would
ask that all discovel)' be stayed so that the panies can devote their attention towards
resolving this matter. In the event you feel that negotiations are not proceeding
appropriately we could have the written discovel)' responses to you within a week of your
request.
Thank you for your counesy and attention in this matter. I look forward to hearing
from you shonly.
Vel)' truly yours,
4uOJJ9~Utt~,,-
~l~~s J. Weber. Esq.
TJW/kdm
Attachment
.-
.-
cc: Roger Irwin (via facsimile [717-249-6354])
CERTIFICATE OF SERVICE
I hereby certifY that I am this day serving a copy of the foregoing document upon the persons
and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules
of Civil Procedure, by depositing a copy of same in the United States mail, Harrisburg, Pennsylvania,
with first-class postage prepaid as follows:
David E. Turner, Esquire
Charles N. Schurr, Jr., Esquire
Bingaman, Hess, Coblentr. & Bell, P.C
660 Penn Square Center
601 Penn Street
P.O. Box 61
Reading, PA 19603-0061
~
, i\A.:V
T ci as J. Weber, Esquire
320 Market Street
P.O, Box 1268
Harrisburg, PA 17108-1268
Attorneys for Defendants
Date: September 18, 1997
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GOLDBERG, KATZMAN" SIIIPMAN, P,C.
ThomuJ. Weber. 1.0, N58853
Slcven E. Orubb . (,D, # 75897
320 Mllket Street I Strawberry Square
Harrisburg. PA 1710g.1268
Attorney. ror DcrendanlJ
(717) 234-416(
,
CORESTATES BANK, N.A.,
Successor by merger to
MERIDIAN BANK,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
Docket No, 97-336 CIVIL
v.
CIVIL ACTION - LAW
STEVEN A, AND CYNTHIA L.
FAILOR,
Defendants
JURY TRIAL DEMANDED
DEFENDANT'S RESPONSE TO PlAINTIFF'S
MOTION TO COMPEl_ AND COURT'S
ORDER TO SHOW CA USE
I. Admilled,
2. Admilled,
3. Denied as slated. It is ad milled that counsel for the parties had a telephone
conversation during which counsel for defendants requested an extension for discovery responses so
that the parties could focus on other issues, On two separate occasions, August I, 1997 and August
26, 1997, counsel for defendant wrote to counsel for the plaintiff and sought clarification as to their
position regarding the discovery. Sl:l: copies of redacted correspondence allached hereto as Exhibit
"A". It is admiued, despite counsel's efforts to c1ariry the discovery issue, the correspondence went
unanswered and counsel for defendant did not obtain a specific extension for the discovery responses.
4, Admilled.
5. Denied. The current mailer has not suffered any delay as a result of the discovery
issues present at this time.
6. Denied. It is denied that at this stature of the case any prejudice has been, or will be,
caused to the plaintiff as a result of the discovery issue.
7, Defendant are willing to provide responses to plaintilrs discovery requests.
WHEREFORE, Defendants will serve responses to plaintiffs' discovery requests within the
ten (10) daysrequested by the plaintilrs proposed order, or on or before September 29, 1997,
Respectfully submilled,
By:
GOLDBERG, KATZMAN & SHIPMAN, P,C,
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~ Weber -~ #58853 '
Steven E. Grubb - 1.0, # 75897
320 Market Street I Strawberry Square
Harrisburg, PA 17108-1268
Attorneys for Defendants
(717) 234-4161
Dated: September 18,1997
2
Exhibit A
~~~
LAW OFFICES
GOLDBERG. KATZMAN & SHIPMAN. p,c.
RO"'''\''O .... KATZ"""N
HAARY eo GOt.DlCAG
, _ La SHIP"'AN
P"'UL J ESPOSITO
NEil. H[NDERSHOT
J. JAY CDOPtA
THOM"S t. IRtNNtA
JOI1N A STAfL[A
APAII. L. ST'UNQ.ll:UTA'
auY H I"DeftS
JC"CASOH J !HIP MAN
KAA[N 5 'CUCHTCNICRotA
JeRRY J RUSSO
MICHACL. J. CROCCNZI
ARNOLD I MOOAN
THOMAS .J WUCA
[VAN J KLINt, IU
JOHN OELORCHZO
STeveN C. GAUlIS
DIANA WOOQ5JOC
JOHN A NINOSI< Y
oao MARKET STREET
STRAWBERRY SQUAB!:
P.O. BOX Ige8
HARRISBURO. PENNSYLVANIA 1710e-ages
TELEPHONE: (1171 Q04....'OI
PAX: (7171 g04.d80e
PIDK a-K.l.u.: oasooaSUW.COK
..."THUA I.. GOl.DBCRQ
or COUNstl.
H[RSHEY O"'ICC.
523 weST CHOCOLATe AVENUE
II 0 lOX 55!
MCRSNn. PA. 17033
17171 '533..0.8
CARLISLt O"IC[
!U WCS T PDtol'AtT S fA ttT
C""LlSLE, PA. 17013
1"71245.0587
August 1, 1997
TOAK O"IC[.
l WEST "'AAKer STAEtT
YOAK. -A ".01
1'11718.3.7QII
lCOARUPONO TO
Io4AARl58UAQ orrlCtl
VIA FACSIMILE (610-376-3105)
David E. Turner, Esquire
Bingaman. Hess. Coblentz &. Bell
660 Penn Square Center
601 Penn Street
P. O. Box61
Reading. PA 19603-0061
Re:
CoreStates Bank v. Steven A. and Cynthia L. Failor
Potential Sale of 595 Mt. Rock Road, Carlisle, PA
Dear Dave:
Kindly advise me as to any questions or concerns you may have. Additionally, while
this matter is being addressed and we await the results of the property inspection, I would
ask that all discovery be stayed so that the parties can devote their attention towards
resolving this matter. In the event you feel that negotiations are not proceeding
appropriately we could have the Wlitten discovery responses to you within a week of your
request.
. Thank you for your coUrtesy and attention in this matter. I look forward to hearing
from you shortly.
Very truly yours.
/kJiOJ~[U1/~'~
-inl~~s J. Weber, Esq.
TJW/kdm
Attachment
cc: Roger Irwin (via facsimile [717-249-6354])
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CERTIFICATE OF SERVICE
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I hereby certify that I am this day serving a copy ofthe foregoing document upon the persons
and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules
of Civil Procedure, by depositing a copy of same in the United States mail, Harrisburg, Pennsylvania,
with first-class postage prepaid as follows:
David E, Turner, Esquire
Charles N. Schurr, Jr., Esquire
Bingaman, Hess, Coblentz & Bell, P.C
660 Penn Square Center
60 I Penn Street
P,O. Box61
Reading, PA 19603-0061
~if;)d--
Th mas J. Weber, Esquire
320 Market Street
P.O, Box 1268
Harrisburg, PA 17108-1268
Attorneys for Defendants
Date: September 18, 1997
GOLDBERG, KATZMAN lit. SIIIPMAN, P.e.
ThDmuJ, W.bcr.l.O. NS8HS3
Slcv.n E, Grubb. 1.0, N 7S897
320 Mark.1 SIlccII Stnwbcny Square
Ilam,bulg. PA 17108.1268
Attorneys rDr Der.ndanta
(717)2344161
CORESTATES BANK, N.A.,
Successor by merger to
MERIDIAN BANK,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
Docket No. 97-337 CIVIL
v.
CIVIL ACTION - LAW
STEVEN A, AND CYNTHIA L,
FAILOR,
JURY TRIAL DEMANDED
Defendants
DEFENDANT'S RESPONSE TO PlAINTIFF'S
MOTION TO COMPEl. AND COURT'S
ORDER TO SHOW CAUSE
I. Admitted.
2. Admitted.
3. Denied as stated. It is admitted that counsel for the parties had a telephone
conversation during which counsel for defendants requested an extension for discovery responses so
that the parties could focus on other issues, On two separate occasions, August I, 1997 and August
26, 1997, counsel for defendant wrote to counsel for the plaintiff and sought clarification as to their
position regarding the discovery, ~ copies of redacted correspondence attached hereto as Exhibit
"A", It is admitted, despite counsel's efforts to clarifY the discovery issue, the correspondence went
unanswered and counsel for defendant did not obtain a specific extension for the discovery responses,
t
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4.
Admitted.
S. Denied. The current matter has not suffered any delay as a result of the discovery
issues present at this time.
6. Denied. It is denied that at this stature of the case any prejudice has been, or will be,
caused to the plaintiff as a result of the discovery issue.
7. Defendant are willing to provide responses to plaintiffs discovery requests,
WHEREFORE, Defendants will serve responses to plaintiffs' discovery requests within the
ten (10) days requested by the plaintiffs proposed order, or on or before September 29, 1997,
Respectfully submitted,
By:
GOLDBERG, KATZMAN & SHIPMAN, P,C.
~; !J'Lvi)U.>>~
Tho a J. Weber - .D, #S88S3
Steven E. Grubb - I.D, # 7S897
320 Market Street I Strawberry Square
Harrisburg, PA 17108-1268
Attorneys for Defendants
(717) 234-4161
Dated: September 18, 1997
2
Kindly advise me as to any questions or concerns you may have. Additionally, while
this matter is being addressed and we await the results of the propeny inspection, I would
ask that all discovel)' be stayed so that the panies can devote their attention towards
resolving this matter. In the event you feel that negotiations are not proceeding
appropriately we could have the written discovel)' responses to you within a week of your
request.
Thankyou foryourcounesy and attention in this matter. I look forward to hearing
from you shonly.
Very truly yours,
/iJi[J9(U1t~,~
~l~~s J, Weber, Esq.
T]W/kdm
Attachment
cc: Roger Irwin (via facsimile [717-249-6354])
,~
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CERTIFICATE OF SERVICE
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I hereby certifY that 1 am this day serving a copy of the foregoing document upon the persons
and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules
of Civil Procedure, by depositing a copy of same in the United States mail, Harrisburg, Pennsylvania,
with first-class postage prepaid as follows:
David E. Turner, Esquire
Charles N. Schurr, Jr" Esquire
Bingaman, Hess, Coblentz & Be/1, P.C
660 Penn Square Center
60 I Penn Street
P.O, Box 61
Reading, PA 19603-0061
~
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asJ, Web ,
320 arket Street
P.O. Box 1268
Harrisburg, PA 17108-1268
Attorneys for Defendants
Date: September 18, 1997
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AGREEMENT
CoreStates Bank, N.A., successor by merger to Meridian Bank,
intending to be legally bound, hereby agrees and represents:
1. CoreStates Bank, N.A., hereby releases the Released
Premises from the lien of the Judgment and represents that it will
not, after the execution of this Release, attach, levy upon, sell,
dispose of, claim, or demand the Released Premises or any part
thereof or appurtenances thereto, or as a result of the Judgment,
assert or claim any estate in the Released Premises.
2. Steven A. Failor and Cynthia L. Failor, their heirs,
executors, administrators, successors and assigns, shall and may
hereafter hold, own and possess the Released Premises free and
clear of the Judgment.
3. Nothing contained in this Release shall inval idate or
impair the lien or security of the Judgment upon any other asset
of Steven A. Failor and Cynthia L, Failor.
4. Nothing contained in this Release shall in any way
affect, or impair the obligation of Steven A. Failor and Cynthia
L. Failor on the indebtedness represented by the Judgment.
5.
parties,
assigns.
This Release shall bind and inure to the benefit of the
their heirs, executors, administrators, successors and
BINGAMAN, HESS, COBLENTZ & BELL, P.C.
By~~~a~~. Shurr, Jr., Esquire
Identification No. 74813
Attorneys for CoreStates Bank, N.n.
1242:;1],1
EXHIBIT A
ALL that certain tract of land situate in West pennsboro
Township, Cumberland County, Pennsylvania, bounded and described
in accordance with a Plan prepared by Larry V. Neidlinger,
R.P.L.S., dated April 13, 1995 and recorded in the Office of the
Recorder of Deeds for Cumberland County in Plan Book 71, Page
84.
BEGINNING at a P.K. Nail in centerline of Mt. Rock Road, T-
325 at corner of other lands of Steven A. Failor; thence along
other lands of Steven A. Failor; thence along other lands of
Steven A. Failor, North 31 degrees 30 minutes West 432.97 feet
to an iron pin set; thence along lands now or formerly of Galen
Motter, North 65 degrees 00 minutes East 297.00 feet to a point;
thence still along lands of Motter, South 49 degrees 00 minutes
West 445.90 feet, passing through an iron pin set in concrete,
to a P.K. Nail set in road north of centerline of Hill Road T-
441; thence crossing Hill Road T-441 South 26 degrees 00 minutes
West 196.35 feet to an iron pin thence crossing back over Hill
Road T 441 and along the intersections of Short Road T-635 and
Mt. Rock Road T-325, South 85 degrees 00 minutes West 294.52
feet to a nail in centerline of Mt. Rock Road T-325, the Place
of BEGINNING.
CONTAINING 4.0906 acres and designated as Lot No.3 on Plan
of Steven A. and Cynthia L. Failor.
BEING part of the same premises which, Steven A. Failor,
granted and conveyed unto Steven A. Failor and cynthia L.
Failor, his wife, Grantors herein, by Deed dated July 15, 1994
and recorded in the office of the Recorder of Deeds for
cumberland County in Deed Book, 108, Page 558.
g!'>'.'
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BINGAMAN, HESS, COBLENTZ & BELL, P.C.
By: Charles N. Shurr, Jr., Esquire
Identification No. 74813 Attorney for plaintiff
660 Penn Square Center
601 Penn Street
P.O. Box 61
Reading, PA 19603-0061
610- 374-8377
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
FIRST UNION NATIONAL BANK,
successor by merger to
MERIDIAN BANK,
CIVIL ACTION - LAW
plaintiff
vs.
No. 97-337 Civil
STEVEN A. FAILOR and
CYNTHIA L. FAILOR,
Defendants
PARTIAL RELEASE OF JUDGMENT LIEN
PARTIAL RELEASE OF JUDGMENT LIEN dated September 3, 1998,
from First Union National Bank, successor by merger to CoreStates
Bank, N.A. and Meridian Bank, by and through its counsel,
Bingaman, Hess, Coblentz & Bell, P.C., to Steven A. Failor and
cynthia L. Failor.
BACKGROUND
On January 21, 1997, CoreStates Bank, N.A., successor by
merger to Meridian Bank, entered judgment by confession against
the Defendants, Steven A. Failor and Cynthia L. Failor, in the
Court of Common Pleas of Cumberland County, Pennsylvania to No.97-
337, Cumberland County Records (the "Judgment"). The Judgment is
in the amount of $67,205.00. CoreStates Bank, N.A. subsequently
merged into First Union National Bank.
The Judgment is a lien upon all real estate of which the
Defendants were seized and possessed in Cumberland County,
Pennsylvania, at the time the Judgment was obtained, including,
without limitation, the real estate known as Lot 2, Mt. Rock Road,
West pennsboro Township, Cumberland County, pennsylvania, as more
fully described in Exhibit A attached hereto and incorporated
herein by reference (the "Released premises") .
136613
EXHIBIT A
ALL THAT CERTAIN tract of land situate in West pennsboro
Township, Cumberland County, Pennsylvania, bounded and described
in accordance with a Plan prepared by Larry V. Neidlinger,
R.P.L.S., dated April 13, 1995 and recorded in the Office of the
Recorder of Deeds for cumberland County in plan Book 71, Page 84.
BEGINNING at a P.K. Nail in centerline of Mt. Rock Road, T-325 at
corner of other lands of Steven A. Failor, thence along other
lands of Steven A. Failor, passing through an iron pin set in
concrete, North 53 degrees East 566.51 feet to an iron pin;
thence along lands of Failor, South 64 degrees 50 minutes East
109.16 feet to a point; thence still along lands of Failor, South
25 degrees 10 minutes West 454.71 feet, passing through an iron
pin set in concrete, to a point in centerline of Mt. Rock Road,
T-325; thence along centerline of Mt. Rock Road, the following
three courses and distances: 1) North 72 degrees 42 minutes 46
seconds West 173.05 feet; 2) North 71 degrees 34 minutes 08
seconds West 98.96 feet; 3) North 70 degrees 50 minutes West
104.55 feet to a P.K. Nail, the place of BEGINNING.
CONTAINING 2.5904 acres and designated as Lot No. 2 on Plan of
Steven A. and Cynthia L. Failor.
~
136613
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GOLDBERG. KATZMAN" SHIPMAN. P.C.
Thoma. J, Weber, E.quire.I,D, '58853
Attorney' lor Delendonl'
320 Markel5ueel
P. 0, 8001268
Harri.burg, PA 17108-1268
(717) 234-4161
IN THE COURT OF COMMON PLEAS
CUMBERlAND COUNn'. PENNSYLVANIA
CORESTATES BANK. N,A.,
successor by merger to
MERIDIAN BANK,
Plaintiff
NO. 97-337 CIVIL
v.
CIVIL ACTION - lAW
STEVEN A, FAILOR and CYNTHIA
L. FAILOR,
CONFESSION OF JUDGMENT
Defendants
PRAECIPE TO WITHDRAW PETITION TO STRIKE
AND/OR OPEN JUDGMENT
TO THE PROTHONOTARY:
Please withdraw Defendants' Petition to Strike and/or Open Judgment previously
filed in this matter with prejudice,
Respectfully submitted,
GOLDBERG, KATZMAN & SHIPMAN, P.c.
By:
Tho s J. Web r, Esquire
Supr. I.D. #58853
320 Market Street
P. O. Box 1268
Harrisburg. PA 17108-1268
(717) 234-4161
Attorneys fOf Defendants
-:{
Date: September I , 1998
CERTIFICATE OF SERVICE
,
I hereby certify that I am this date serving a copy of the foregoing document upon
the person(s) and in the manner indicated below. which service satisfies the requirements
of the Pennsylvania Rules of Civil Procedure, by depositing a copy of same in the United
States Mail, Harrisburg, Pennsylvania, with first-class postage, prepaid, as follows:
Charles N. Schurr, Jr., Esquire
Bingaman, Hess, Coblentz & Bell, P.C.
660 Penn Square Center
601 Penn Street
p, O. Box 61
Reading, PA 19603-0061
GOLDBERG. KATZMAN & SHIPMAN. P.c.
By Ai"/U4 C)w;].-
' ~~. Weber, Esquire
Attorney 1.0. #58853
320 Market Street
P. O. Box 1268
Harrisburg, PA 17108-1268
(717) 234-4161
Attorneys for Defendants
Dated: September'f; 1998
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BINGAMAN, HESS, COBLENTZ & BELL, P.C.
By: Lynne K. Beust, Esquire
Attorney I.D. No. 33759
660 Berks County Bank Building
601 Penn Street
P.O. Box 61
Reading, PA 19603
Telephone: (610) 374-8377
Attorneys for Plaintiff
FIRST UNION NATIONAL BANK,
Successor by merger to
CORESTATES BANK, N.A.,
successor by merger to
Meridian Bank,
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
Plaintiff
No. 97-337 civil
vs.
CIVIL ACTION - LAW
STEVEN A. FAILOR and
CYNTHIA L. FAILOR
Defendants
CONFESSION OF JUDGMENT
PRAECIPE TO SETTLE, DISCONTINUE, AND SATISFY JUDGMENT
Please mark the above civil action complaint as settled,
discontinued and ended, with costs paid and judgment satisfied.
BINGAMAN, HESS, COBLENTZ & BELL, P.C.
BY: '-1 \ ( ,', ,( V. fe:, .' I .\ 'L
Lynne K. Beust, Esqu1re
Attorneys for Plaintiff
Dated: ,j.Ji {'; ~
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