HomeMy WebLinkAbout01-1316 FX
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ALL FIRST BANK,
successor-in-interest to
Dauphin Deposit and Trust Company,
Plaintiff,
Court of Common Pleas
of Cumberland County
Civil Action Law
Term, 2001
No, 01-1316 Civil
v.
THE MARK J. CRISPEN TRUST,
Defendant.
NOTICE OF CONFESSION OF JUDGMENT
TO THE DEFENDANT, The Mark J. Crispen Trust:
You are hereby notified that, on March 8, 2001, judgment by
confession was entered against you in the sum of $529,044,22 in the
above-captioned case.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE, IF YOU DO
NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, Pennsylvania 17013
Telephone: 717-249-3166
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I hereby certify that the following is the address of the
Defenda.nt:
210 Walnut Street
Harrisburg, Pennsylvania 17108-1963
~ I) t\J (')L,)
Michael D. Nord
Pennsylvania Bar No, 52486
Gebhardt & Smith LLP
The World Trade Center
401 E. Pratt Street, 9th Floor
Baltimore" Maryland 21202
(410) 385-5072
Counsel for Plaintiff, Allfirst Bank
CERTIFICATE OF SERVICE
-\L,
I HEREBY CERTIFY that, on this ~ day of March, 2001, a copy
of the foregoing Notice of Confession of Judgment was mailed,
postage prepaid, to:
The Mark J. Crispen Trust
c/o Keefer, Wood, Allen & Rahal
210 Walnut Street
Harrisburg, pennsylvania 17108-1963
Attention:
Heath L. Allen, Co-Trustee and
Henry F, McKonly, Co-Trustee
Markian R. Slobodian, Esquire
801 North 2nd Street
Post Office 11967
Harrisburg, pennsylvania 17108-1967
~ D. Ai ()"lJ.
Michael D. Nord
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ALL FIRST BANK,
successor-in-interest to
Dauphin Deposit and Trust Company
213 Market Street
Harrisburg, Pennsylvania 17105
Plaintiff,
Court of Common Pleas
of Cumberland County
Civil Action Law
Term, 2001;' /
No. _(JfJ- 13/~ ~
v.
THE MARK J, CRISPEN TRUST
c/o Keefer, Wood, Allen & Rahal
210 Walnut Street
Harrisburg, Pennsylvania 17108-1963
Attention:
Heath L. Allen, Co-Trustee and
Henry F. McKonly, Co-Trustee
Defendant.
COMPLAINT FOR CONFESSION OF JUDGMENT FOR MONEY
1, (a) The Plaintiff and the last known address thereof is:
Allfirst Bank,
successor-in-interest to
Dauphin Deposit and Trust Company
213 Market Street
Harrisburg, Pennsylvania 17105
(b) The Defendant and the last known address thereof is:
The Mark J. Crispen Trust
c/o Keefer, Wood, Allen & Rahal
2'10 Walnut Street
Harrisburg, Pennsylvania 17108-1963
COUNT I
2. The Mark J. Crispen Trust (the "Defendant") is presently
indebted to Allfirst Bank, successor-in-interest to Dauphin Deposit
and Trust Company (the "Plaintiff") with respect to a $450,000,00
Commercial Note dated October 7, 1998 (the "Note") executed by the
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Defendant to the order of the Plaintiff.
The original instrument
evidencing the obligations on which the judgment is herein
confessed or a photostatic copy or like reproduction showing the
signature of the Defendant, which is a true and accurate
reproduction of the original, is attached hereto as Exhibit ~A" and
incorporated by reference herein.
3. The Defendant defaulted under the terms and conditions of
the Note by failing to make the payments called for thereunder when
and as due. Consequently, the Plaintiff, in accordance with the
terms and conditions of the Note, accelerated payment of the
obligations owed by the Defendant to the Plaintiff under the Note
and demanded payment of all indebtedness owed thereunder, A true
and accurate copy of the demand letter is attached hereto as
Exhibi t ~B" and incorporated by reference herein. Despite such
demand, the Defendant has failed to pay the indebtedness owed to
the Plaintiff under the Note.
4. There has been no assignment or transfer of the Note.
5, Judgment has not been entered under the Note in any
jurisdiction.
6. Pursuant to Rule 2951 of the Pennsylvania Rules of Civil
Procedure, the judgment entered in connection with this Complaint
for Confession of Judgment for Money against the Defendant, The
Mark J. Crispen Trust, set forth herein, has not been entered in
connection with a consumer credit transaction.
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7. The itemization of the amount due is as follows:
Principal:
Interest (as of 3/8/01)
(per diem = $81.25)
Late charges:
Attorneys' fees:
(15% of $460,038.45)
TOTAL DUE AS OF 3/8/01:
$450,000,00
$9,668.75
$369.70
$69.005.77
$529.044,22
8. The Note with confession of judgment and warrant of
attorney was executed by the Defendant on October 7, 1998, under
and pursuant to the terms of the Note attached hereto as
Exhibit "A."
9, Under the confession of judgment set forth in the Note,
the Defendant authorized and empowered any prothonotary or clerk of
any court of record of Pennsylvania or elsewhere to appear for and
to confess judgment against the Defendant in favor of the Plaintiff
for the indebtedness owed under the Note, with or without
declaration, with costs of suit including reasonable attorneys'
fees and fees in bankruptcy proceedings, if any, release of heirs,
without stay of execution and with fifteen percent (15%) added for
collection fees, and the Defendant further agreed that real,
personal or mixed property may be sold or garnished upon any writ
of execution or writ of garnishment as now or hereafter provided by
law or the Pennsylvania Rules of Civil Procedure governing the
enforcement of judgment; and the Defendant waived any releases or
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relief from any appraisement, stay or exemption laws of any state
now in force or hereafter enacted.
WHEREFORE, the Plaintiff, as authorized by the warrant of
attorney contained in the Note, demands judgment against the
Defendant, The Mark J, Crispen Trust, in the total sum of
$529,044.22, plus interest after March 8, 2001 at the rate of
$81,25 per day and brings the attached Note into Court to recover
the said sum.
Date: March ~, 2001
~ D NrJ-
Michael D, Nord
Pennsylvania Bar No. 52486
Gebhardt & Smith LLP
The World Trade Center
401 E, Pratt Street, 9th Floor
Baltimore, Maryland 21202
(410) 385-5072
Counsel for Plaintiff, Allfirst Bank
Pursuant to the authorization contained in the warrant of
attorney in the Note, a photostatic copy of the original of which
is attached to the Complaint for Confession of Judgment for Money
filed in this action, I appear for the Defendant and confess
judgment in favor of the Plaintiff and against the Defendant as
follows:
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COUNT I
Principal:
Interest (as of 3/8/01)
(per diem = $81.25)
Late charges:
Attorneys' fees:
(15% of $460,038.45)
TOTAL DUE AS OF 3/8/01:
$450,000.00
$9,668.75
$369,70
$69.005.77
$529.044.22
Dated: March l, 2001
~-1,,~
Eric S, Schuster
Pennsylvania Bar No. 85362
The World Trade Center
401 E. Pratt Street, 9th Floor
Baltimore, Maryland 21202
(410) 752-5830
Counsel for the Defendant,
Jack F. Keiser
AFFIDAVIT
COMMONWEALTH OF~IA'
CITY/COUNTY OF I "
SS:
Personally, before me, the undersigned authority, appeared
JAMES S. GATES, who, being duly sworn according to law, was deposed
and said that the attached Note with a warrant of attorney is a
true and correct copy of the original with warrant of attorney and
that the averments contained in the foregoing Complaint for
Confession of Judgment for Money are true and correct upon the
affiant's personal knowledge, and certifies that the addresses set
forth in paragraph 1 hereof are the respective principal address of
the Plaintiff and the last known address of the Defendant.
Sworn and subscribed before me
~ ,w~2001
~ommission expires:
CUd. /1/ c2tJoy
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Notarial Seal .
Edie I. Lingle. Notary PubliC
Lebanon, l.eb~nOnoC~u~~ 2004
MY Commission Expires C . , ,
lVama' ASSOCialion of Nota"""
Mejn\)ilI, nOsy
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VERIFICATION
Understanding that false statements made in this verification
are subject to the penalties of 18 Pa,C.S.A., ~ 4904 relating to
unsworn falsification of authorities, I verify that I am a Vice
President of Allfirst Bank, successor-in-interest to Dauphin
Deposit and Trust Company, the Plaintiff in the above-captioned
matter, and that I am authorized to make this verification on the
Plaintiff's behalf.
~"
JMES S. GATES
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COMMERCIAL LOAN NOTE
CP34~d~ .9OJ\
DAUPHIN DEPOSIT BANK AND TRUST COMPANY
BANK OF PENNSYLVANIA . FARMERS BANK . VALLEYBANK
(Bank of Pennsylvania. Farmers Bank ilnd Va//eybank ara divisions of Dauphlh Deposit Bank and Trust Company)
$
450,000.00
Date C:Cfoc;e, '7, /99~
FOR VALUE RECEIVED, the Und9l"$igne-d. T'" W.n J.... trIa,.. Trut ,
a (co~poration/partnership/limited liability company/mdlVldual) (the -Borrower"). Jointly and severally (if more than one),
promise to pay to the order of DAUPHIN DEPOSIT BANK AND TRUST COMPANY (the WBank-) or its assigns, the principal
amount of FOUR HUNDRED F1FTY THOUSAND it NO/100 DOLLARS
to be paid as follows:
$450,000.00 principal i. due and payable 36 months from date of not.. Intere.t is payable
monthly, accrued to date of Bank's notice therefore, with all accrued and upald interest, and
unpaid fee. and charge" due with the principal payment.
Intere.t shall accrue at the rate of 06.5000% per annum,
Interest shall be calculated on the basis of the actual number of days elapsed and a year of 360 days. Both principal and
interest are payable in lawful money of the United States of America at any office of Bank in immediately available funds. If
any payment due hereunder is received by the Bank more than fiheen (15) calendar days aher its due date, the Borrower
shall pay a late payment charge equal to five percent (6%) of 'the amount then due or $10,00, whichever is greater.
APPL/CA nON OF PA YMENTS. All payments made hereunder shall be applied first to late payment charges or other
sums owed to the Bank. next to accrued interest and then to principal. or in such other order or proportion as the Bank, in
its sole and absolute discretion, may elect from time to time.
SECURITY. The payment of this note and any renewals, extensions and modifications thereof. and the payment,
performance and discharge of all other present or future indebtedness, obligations and undertakings (individual. joint,
several, direct contingent or otherWise) of the Borrower to or for the benefit of the Bank, whether arising directly to the
Bank under this note or under any other agreement promissory note or undertakings now existing or hereinafter entered
by the Borrower to the Bank (collectively, the -Liabilities-) is secured by the propertY described in. and under and pursuant
to the terms and conditions of that certain: '"
r~e ..lftdersigned', interest in securities, as set rorth in a Pledge dated 10 1t21-,~.
As additional security for the Liabilities, Borrower grants the Bank a lien upon and a security interest in any securities,
instruments or other personal property of Borrower now or hereafter In Bank's possession and in any depOSit balances now
or hereafter held by Bank for Borrower's account and in all proceeds of any such personal property or depOSit balances
Such liens and security interests shall be independent of Bank's right of setoff.
PAYMENTOF COSTS. In addition to the principal and interest payments specified above, the Borrower shall pay to the
Bank or any other holder of this nate, upon demand, all casts and expenses (including reasonable attorneys' fees, whether
or not litigation is commenced) which may be Incurred by the Bank or such holder in the collection or enforcement of this
note. Said costs shall include reasonable attorneys' fees and costs in bankruptcy proceedings and any costs and attorneys
iees incurred far any actian o.r proceeding In relation to the loan transaction, including but not limited to the jOinder of
Bank in any action between the Borrower and a third party,
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DEFAULTS. The Borrower shat. .. default hereunder upon the occurren... ~ny of the iollowing i:!vents: la) tni:!
nonpayment when due of any amount payable on any of the Liabilities, or the iailure of any Obligor to observe or perform
any agreement of any nature whatsoever with the Bank (the term .Obligor" as used herein being meant to include the
Borrower and all persons liable on the note or any renewals, extensions. or modiiication thereof. such as endorsers.
sureties. or guarantors); (b) if any Obligor becomes insolvent or makes an assignment for the beni:!fit of creditors, or if any
petition is filed by Or against any Obligor under any provisions of any law or statute alleging that such Obligor is insolvent
or unable to pay debts as they mature; (c) the entry of any judgment against any Obligor or the issuing of any attachment
or garnishment against any property of any Obligor or the occurrence of any change in the financial condition of any
Obligor which in the sole judgment of the Bank is materially adverse; (d) the dissolution. merger, consolidation or
reorganization of any Obligor, which is an entity such as a corporation. limited partner$nip. partnership or limited liability
company: (e) the death of any Obligor who is a n'atural person; (f) any information heretofore Or hereinafter furnished to the
Bank by any Obligor in connection with the roan evidenced hereby Or any suretyship or guaranty should be materially false;
and (g) the failure of any Obligor to furnish such financial and other information as the Bank may reasonably request. If
this Note is payable on demand. Bank's right to demand payment hereof shall not be restricted or impaired by the
absence. non-occurrence or waiver of a default hereunder. and it is understood that Bank may demand payment at any
time.
ACCELERA nON AND ENFORCEMENT RIGHTS. Whenever the Borrower shall be in default as aforesaid. (1) unless the
Bank elects otherwise. the entire unpaid amount of such of the Liabilities as are not then due and pavable shall become
immediately due and payable without notice to or demand on any Obligor, and (2) the Bank may at its option exercise from
time to time any or all rights and remedies available to it at law or in equity. The Borrower waives all right to stay of
execution or garnishment and exemption of propltrty in any action to enforce any of the Liabilities.
JUDGMENT. The Borrower does hereby authorize and empower any attorney of any court of record of Pennsylvania or
elsewhere to appear for and enter judgment against Borrower for the above sum, with or without declaration. with costs of
suit. including reasonable attorneys' fees and fees in bankruptcy proceedings. if any. release of errors. without stay of
execution, and with fifteen (15%) percent added for collection fees. and the Borrower further agrees that real, personal or
mixed property may be sold or garnished upon any writ of execution or writ of garnishment as now or hereafter provided
by law or the Pennsylvania Aules of Civil Procedure governing the enforcement of judgments: and Borrower hereby waives
and releases all relief from any appraisement. stay or exemption laws of any state now in force or hereafter enacted. If a
copy hereof, verified by affidavit. shall have been filed in such proceeding, it shall not be necessary to file the anginal as a
warrant of attorney. The Borrower (and each of them. if more than one) hereby waives the right to any stay of execution
and the benei\t of all exemption laws now or hereafter in effect. No single exercise of this warrant and power to confess
judgment shall be deemed to exhaust this power. whether or not any such exercise shall be held by any court to be Invalid.
voidable or void. but this power shall continue undiminished and may be exercised from time to time as often as Bank shall
elect until all sums due hereunder shall have been paid in full.
WAIVERS. The Borrower hereby waives presentment. notice of dishonor and protest The Borrower hereby further
waives and releases all errors. defects and imperfections of a procedural nature in any proceedings instituted by the Bank
hereunder. as well as all benefit that might accrue to the Borrower by virtue of any present or future laws exempting any
property, real or personal. or any part of the proceeds arising from any sale of such property, from garnishment.
attachment. levy or sale under execution, or providing ~or any stay of execution, exemption ~rom civil process. or ex.tenSlon
of time for payment. The Borrower agrees that any property. real or personal. that may be levied upon pursuant to any writ
of execution or writ of garnishment issued on any judgment by virtue of this note. may be sold, in whole or in part, in any
order desired by the Bank.
HOLDERS IN DUE COURSE. This note may be assigned by the Bank or any subsequent holder of this note at any time or
from time to time. The Borrower hereby agrees that no subsequent holder of this note to whom the note was transferred
for value shall be subject to any claims or defeMes which the Borrower may have against a prior holder, all of whIch are
waived as to such subsequent holder. and that all such subsequent holders shaH have aU of the rights of a holder i,n due
course even though the subsequent holder may not qualify, under applicable law. absent this paragraph. as a holder In due
course.
MISCELLANEOUS. Any failure of the Bank to exercise any right hereunder shall not be construed as a waiver of the rrght
to exercise the same or any other right at any other time. If the Borrower consists of more than one person. such persons
shall be jointly and severally liable hereunder. The Borrower intends this to be a sealed instrument and to be legally bound
hereby. This note shall inure to the benefit of and be enforceable by the Bank and its success.ors and assigns and be
binding and enforceable against the Borrower, its legal representatives, successors and permitted assigns. All Issues
arising hereunder shall be governed by the laws of Pennsylvania without giving effect to choice of law rules.
Crispen Tr~t
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Name and 11tle
By, (Seal)
Name and Title
By: (Seal)
Name and litle
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Name and I itle
(S..I)
Name and Title
Na!"n~ and Title
Name and Title
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(Seal)
Name and Title
210 Walnut Street PO Box 11963 Harrisbura. PA 17108
Address
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JamesS.Gates; VICePresitl......
900-03-05
.Al1first Bank
3607DenyStreet
Harrisburg Pa. 17111
February 9,2001
Attn: Heath LAllen. Co-Trustee
Attn: Hemy F, McKonly; Co-Trustee
The MarkJames Crispen Trust:
Cia Keefer; Wood,.Allen&:Rahal
210 Walnut Street:
P.O, Box 11963
Harrisburg Pa. 17108-1963
Re: MarkJames Crispen.Trustco=ercial.loan number 0034924-9001
Dear Messers Allen. &McK.only:
This letter is to inform youthat the referenced commercial loan has been transferred to the
undersigned of Allfust's Pennsylvania Special Credits Depamnem for servicing. This letter is
to further inform you that the referenced commercial loan is in default for the following
reasons.
1. Failure to pay interest when. due: The account is past due for monthly interest payment
as follows.
A. December 7, 2000: $2,55938
B. January 7, 2oo1~ $2,644.69
C. February 7, 2001:c $2,51875
2. Violation of Specific COvenant as follows: '
A. Borrower is to main1"'Iin a minimum collateral margin of 130% of the outStanding
balance and acaued. interest at all times. As of the date of this letter, the pledged
stock has a value of $102,712.50, with the principal balance being $450,000.00,
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MarkJames CriSpen T~
Februaqr7,200t .
Page Two'. "
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As a result of this cM;I11~ the bankhas dected accelerate the balance of the loan. The
following amoums are now immediately due and payable in full
/ L Principal: $450,000.00
2. Interest: 7,475.00
3".- I.ateChgs:: , 369JO
4-. Total: $457,8#JO
Failure to tenderthe referenced sum may result in the Bank's undertaking of any and all
measures to which it may be entitled by the commercial loan documentation, and the law in
orderto collectthe referenced sum.
Contact the undersigned on any date subsequent to the date of this letter for an updated
payoff, If you have any questions, fed free to contaCt the undersigned at (717) 565-2691.
Sincerely,
tjj/
James S. Gates
Vice President
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ALL FIRST BANK,
successor-in-interest to
Dauphin Deposit and Trust Company
213 Market Street
Harrisburg, Pennsylvania 17105
Plaintiff,
Court of Common Pleas
of Cumberland County
Civil Action Law
Term, 2001
v.
No.
THE MARK J. CRISPEN TRUST
c/o Keefer, Wood, Allen & Rahal
210 Walnut Street
Harrisburg, Pennsylvania 17108-1963
Attention:
Heath L, Allen, Co-Trustee and
Henry F. McKonly, Co-Trustee
Defendant.
AFFIDAVIT OF BUSINESS TRANSACTION
COMMONWEALTH O~~IA,
CITY/COUNTY OF( .,
SS:
I, James S. Gates, being duly sworn according to law, depose
and say that:
1. I am a Vice President of Allfirst Bank, successorooin-
interest to Dauphin Deposit and Trust Company, which is the
Plaintiff in this action, and am authorized to make this Affidavit
on its behalf.
2. The transaction upon which the judgment is being entered
is a business transaction.
J~V
JAMES S. GATES
_rl ,.
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Sworn and subscribed before
My commission
O~
expires:
II, ;?O(}if
,
Notanal Seal
Edle I. Lingle, Notary Public
Lebanon, Lebanon County
My Commission Expires Oct. II, 2004
Memller, Pennsylvania Assc>Clalion 01 Notan9.$,
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me this 1:.. day
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Notary Public
2
of March, 2001.
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ALL FIRST BANK,
successor-in-interest to
Dauphin Deposit and Trust Company
213 Market Street
Harrisburg, Pennsylvania 17105
Court of Common Pleas
of Cumberland County
Civil Action Law
Term, 2001
plaintiff,
v.
No.
THE MARK J. CRISPEN TRUST
c/o Keefer, Wood, Allen & Rahal
210 Walnut Street
Harrisburg, Pennsylvania 17108-1963
Attention:
Heath L. Allen, Co-Trustee and
Henry F. McKonly, Co-Trustee
Defendant,
CERTIFICATE OF RESIDENCE
I certify that the Plaintiff, Allfirst Bank, successor-in-
interest to Dauphin Deposit and Trust Company (the "plaintiff"), is
located at 213 Market Street, Harrisburg, Pennsylvania 17105.
I understand that false statements made in this Certificate
are subject to the penalties of 18 Fa, Cons. Stat. Ann. S 4904
relating to unsworn falsification to authorities.
Date:
March
I:
~w
James S. Gates,
Vice President
Allfirst Bank
Mail Code 001-14-02
Special Credits Department
213 Market Street
Harrisburg, Pennsylvania 17105
2001
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SHERIFF'S RETURN - OUT OF COUNTY
L ~ ,....
, CASE NO: 2001-01316 P
COMMONWEALTH OF PENNSYLVANIA:
. COUNTY OF CUMBERLAND
ALLFIRST BANK
VS
CRISPEN MARK J TRUST THE
R. Thomas Kline , Sheriff or Deputy Sheriff who being
duly sworn according to law, says, that he made a diligent search and
and inquiry for the within named DEFENDANT
, to wit:
CRISPEN MARK J TRUST THE
but was unable to locate Him
in his bailiwick, He therefore
deputized the sheriff of DAUPHIN
serve the within CONFESSION OF JUDGEMENT
County, Pennsylvania, to
On March
26th , 2001 , this office was in receipt of the
attached return from DAUPHIN
Sheriff's Costs:
Docketing
Out of County
Surcharge
Dep. Dauphin Co
18,00
9.00
10,00
25,50
,00
62,50
03/26/2001
GEBHARDT &
so~~
R, Thomas Kline
Sheriff of Cumberland County
SMITH LLP
Sworn and subscribed to before me
this .t~ @ day of hA _u.J,.../
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011.'
A.D.
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Prothonotary
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@iiite of tqr ~4rriff
Mary Jane Snyder
Real Estate Deputy
William T. Tully
Solicitor
Ralph G. McAllister
Chief Deputy
Michael W. Rinehart
Assistant Chief Deputy
Dauphin County
Harrisburg, Pennsytvania 1710 1
ph: (717) 255.2660 tax: (717) 255.2889
Jack Lotwick
Sheriff
Commonwealth of Pennsylvania
ALLFIRST BANK
vs
County of Dauphin
THE MARK J CRISPEN TRUST
Sheriff's Return
No.0767--T - -2001
OTHER COUNTY NO. 01--1316
AND NOW: March 21, 2001
at 1:25PM served the within
NOTICE & COMPLAINT FOR CONF OF JUDqEMENT
upon
THE MARK J CRISPEN TRUST
C/O KEEFER, WOOD
to CONNIE HINSON, SECRETARY
by personally handing
1 true attested copy(ies)
of the original NOTICE & COMPLAINT FOR CONF OF JUDGEMENT and making known
to him/her the contents thereof ~t
ATTN; HEATH L ALLEN & HENRY F MCKONLY
ALLEN & RAHAL 210 WALNUT ST,
HARRISBURG, PA 17108-0000
Sworn and subscribed to
So Answers,
JR~
before me this 22.ND ,.day of RCH, 2001
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,
PROTHONOTARY
By
Sheriff's Costs: $25.50 PD 03/16/2001
RCPT NO 147636
TORO
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In The Court of Common Pleas of Cumberland County, Pennsylvania
',-
Allfirst Bank, et. al.
VS.
,
Mark J. Crispen Trust (The)
No. 01-1316 Civil
Now,
3/13/01
, 20 0 () , I, SHERIFF OF CUMBERLAND COUNTY, PA, do
hereby deputize the Sheriff of Dauphin
County to execute this Writ, this
deputation being made at the request and risk of the Plaintiff. ,';-11
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Sheriff of Cumberland County, PA
,
,
,
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Affidavit of Service
Now,
,20_,at
o'clock
M. served the
within
upon
at
by handing to
copy ofthe original
a
and made known to
the contents thereof.
So answers,
Sheriff of
County, PA
, 70
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COSTS
SERVICE
MILEAGE
il.FFIDA VIT
$
Sworn. and subscribed before
me this day of
$
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'-ALLFIRST BANK,
Successor-in-interest to
Dauphin Deposit and Trust Company:
213 M&ket Street
Harrisburg, Pennsylvania 17105
MAy 0 82DDIft)
COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
Civil Action Law
No. 01-1316 Civil
Plaintiff
v.
THE MARK J. CRISPEN TRUST
c/o Keefer, Wood, Allen & Rahal
210 Walnut Street
Harrisburg, Pennsylvania 17108-1963:
Attention:
Heath L. Allen, Co-Trustee and
Henry F. McKonly, Co-Trustee
Defendant
RULE TO SHOW CAUSE
AND NOW this
I }~ day of J~~~tt:~~deration of the Petition of
Defendant, The M&k J. Crispin Trust, to open judgment, Rule is issued upon Plaintiff to show
cause within twenty (20) days from the date of service of this Rule as to why the subject Petition
should not be granted. Execution on the Judgment shall be and is hereby stayed pending further
Order of this Court.
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ALLFIRST BANK,
Successor-in-interest to
Dauphin Deposit and Trust Company:
213 M&ket Street
Hmisburg, Pennsylvania 17105
COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
Civil Action Law
No. 01-1316 Civil
Plaintiff
v.
THE MARK J. CRISPEN TRUST
c/o Keefer, Wood, Allen & Rahal
210 Walnut Street
Hmisburg, Pennsylvania 17108-1963:
Attention:
Heath L. Allen, Co-Trustee and
Henry F. McKonly, Co-Trustee
Defendant
PETITION TO STRIKE AND/OR OPEN CONFESSED JUDGMENT
NOW COMES, Defendant, the M&k 1. Crispen Trust, by its counsel, The Law Offices of
M&kian R. Slobodian, and pursuant to Pa.R.Civ.P. 2959, respectfully petitions this Honorable
Court to Strike and/or Open the Judgment which Plaintiff has entered against it by Confession. In
support of this Petition, Defendant states as fbllows:
1. On or about October 2, 1998, The M&k J. Crispen Trust (hereinafter "Trust")
received from Plaintiffs predecessor, Dauphin Deposit Bank and Trust Company, a commitment
letter (the "Commitment Letter") for a loan iIi the principal amount of $450,000.00, to be
collaterized by the pledge of 24,750 sh&es o~ Rite-Aid Corporation stock. A true and correct
copy of the Commitment Letter of October 2, 1998 is attached hereto and made a part hereof as
Exhibit "A".
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2. The commitment letter specifled that "[a] minimum m&gin of collateral in excess
!
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of the outstanding Loan balance and accrued ~nterest (the collateral m&gin) shall be maintained at
,
,
a minimum of 130% at all times. Should thelcollateral m&gin fall below 130% then the Loan
obligation including the principal balance an~ accrued interest shall be callable under the terms of
the Pledge Agreement."
3. On or about October 7, 1998, the Trustees for the M&k J. Crispin Trust signed a
!
Promissory Note obligating the Trust to repar the principal sum of $450,000.00 with interest as
more fully set forth in the Promissory Note. I
!
4. By letter dated October 27, 19P8, addressed to Susan L. Davies, Vice President of
,
Dauphin Deposit Bank and Trust Company, ~. Heath L. Allen, co-trustee of the Trust,
instructed the Bank to wire the $450,000.00 Iban proceeds directly to counsel for the Trust's
,
benefici&y's attorneys, Berrocal & Wilkins, ~.A., in Jupiter, Florida. A true and correct copy of
the letter of October 27, 1998 and the requesti for funds transfer enclosed with that letter &e
I
attached hereto and made a part hereof as Exfuibit "B".
5. Pursuant to the terms of Mr. Afllen's letter of October 27, 1998, Plaintiff wired the
Loan proceeds directly to counsel for the Trujt's benefici&y, M&k J. Crispen.
6. Since the Loan at issue in this case was extended, payments have been made
directly to the Bank by Mr. Crispen.
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MOTION TO DISMISS OR STRIKE
Imnroner Venue
7. Defendant incorporates by reference P&agraphs 1 through 6 of this Petition.
8. The Complaint cle&ly sets forth that both Plaintiff and Defendant reside in
H&risburg, Dauphin County, Pennsylvania.
9. Plaintiff has failed to allege any action as having occurred in Cumberland County,
Pennsylvania.
10. Venue is improper in Cumberland County, Pennsylvania.
WHEREFORE, the M&k J. Crispen Trust requests that this Court dismiss or strike the
Confessed Judgment as having been entered in a county where venue cle&ly does not lie.
MOTION TO OPEN
Estonnel
11. Defendant incorporates by reference P&agraphs 1 through 10 of this Motion.
12. At the time the Loan at issue was extended, the value of collateral pledged by the
Trust substantially exceeded the loan amount.
13. After the Loan was made, the value of the pledged stock fell below the 130%
minimum set forth in the Commitment Letter.
14. Despite the continuing decline and the value of the pledged Rite-Aid stock,
Plaintiff failed to take any action to liquidate the stock and payoff the Loan.
15. On or about January 23,2001, Mr. Allen received a telephone call from Nora
Habig, an employee of Plaintiff, advising Mr. Allen that M&k J. Crispen had failed to make
monthly interest payments, and that the loan would be dec&ed in default if payment of October
3
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interest was not made by the end of January.
16. Material faxed to Mr. Allen by Ms. Habig indicated that, although the November
payment was made by M&k J. Crispen, the October payment was not made, nor were the
December and Janu&y payments.
17. Ms. Habig's call and subsequent fax were the first contracts by Plaintiff to Mr.
Allen and Mr. McKonly since October, 1998, the month in which the loan was originated and
funds disbursed by Plaintiff to M&k J. Crispen's Florida attorney.
18. By the time the Trust was notified of M&k J. Crispin's failure to make payments
the value of the stock, as set forth in Plaintiffs letter of February 9, 2001, was $102,712.50.
19. The trustees of the M&k J. Crispin Trust relied on the bank's stated policy that it
would take action to protect its interest when the value of the collateral fell below 130% of the
outstanding loan balance.
20. Plaintiffs failure to abide by its stated policy has caused the bank to become
substantially undersecured and to look to other assets of the Trust for payment of this obligation.
21. Plaintiffs failure to abide by its own stated policies has caused the Trust to incur
substantial hm.
22. Plaintiff is estopped from seeking to collect from the Trust any portion of its
unsecured claim.
WHEREFORE, the M&k J. Crispen Trust requests that this Court open the Judgment
entered by Allfirst Bank to allow the amount of any indebtedness owed by the Trust to the Bank
to be determined at trial.
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BREACH OF CONTRACT
23. Defendant incorporates by reference P&agraphs 1 through 22 of this Motion.
24. Pursuant to the terms of the commitment letter, Plaintiff was contractually
obligated to dec1&e a breach and take action with reg&d to the collateral upon the collateral
m&gin falling below 130% of the Loan obligation balance.
25. Plaintiff has breached its contractual obligation to the Trust.
26. As a result of Plaintiffs breach of contract, the Trust has incurred substantial
damages, including but not limited to possible exposure of other Trust assets to Plaintiffs
unsecured claim.
27. Plaintiffs breach of contract substantially reduces any obligation which the Trust
may have to the Plaintiff.
WHEREFORE, the M&k J. Crispen Trust requests that this Court open the Judgment
entered by Allfirst Bank to allow the amount of any indebtedness owed by the Trust to the Bank
to be determined at trial.
BREACH OF ,FIDUCIARY DUTY
28. Defendant incorporates by reference P&agraphs 1 through 27 of this Motion.
29. Plaintiff had a fiduciary duty to the Trust to take appropriate action with reg&d to
the pledged assets should the value of those assets fall below the agreed m&gin rate.
30. Plaintiff has breached its fiduciary duty to the Trust.
31. As a result of Plaintiffs breach of fiduci&y duty, the Trust has no obligation to
Plaintiff with reg&d to Plaintiffs unsecured claim.
5
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WHEREFORE, the M&k J. Crispen Trust requests that this Court open the Judgment
entered by Allfirst Bank to allow the amount 'of any indebtedness owed by the Trust to the Bank
to be determined at trial.
EXCESSIVE ATTORNEY'S FEES
32. Defendant incorporates by refllrence P&agraphs 1 through 31 of this Motion.
33. In its Confessed Judgment, Plaintiff seeks to recover attorney's fees in the amount
of $69,005.77 calculated as 15% of the alleged loan balance of $460,038.45.
34. The actual amount of attorney:s fees which Plaintiff has incurred in this matter is
substantially less than the amount set forth in the Confessed Judgment.
35. The claimed amount of attorn~y's fees is excessive, unreasonable, unconscionable,
and unenforceable under applicable law.
36. Plaintiffs claim for attorney's fees as liquidated damages is neither intended nor in
fact related to the amount of damages which Plaintiff has incurred or which it can reasonably
expect to incur and is, instead, intended to and does, in fact, act as a penalty.
,
37. This Court should disallow Plilintiffs claim for attorney's fees and, to the extent
necessary and proper, allow only those attorney's fees which the Court deems reasonable and
necessary.
WHEREFORE, the M&k J. Crispen Trust requests that this Court open the Judgment
entered by Allfirst Bank to allow the amount of any indebtedness owed by the Trust to the Bank
to be determined at trial.
LACK OF VOLUNTARY WAIVER OF PRE-JUDGMENT HEARING
38. Defendant incorporates by reference P&agraphs 1 through 37 of this Motion.
6
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39. The Promissory Note signed by the Trustees contains no express waiver of the
Trust's right to he&ing prior to entry of Judgment.
40. The Trust has not volunt&ily, intelligently, and knowingly waived its right to
notice and he&ing prior to the entry of Judgment.
WHEREFORE, the M&k J. Crispen Trust requests that this Court open the Judgment
entered by Allfirst Bank to allow the amount of any indebtedness owed by the Trust to the Bank
to be determined at trial and, further, that this Court stay execution pending he&ing and final
adjudication of Plaintiffs claim.
REQUEST FOR STAY OF EXECUTION
41. Defendant incorporates by reference P&agraphs 1 through 40 of tbis Motion.
42. Plaintiff has failed to provide the Trust with the notice required by Pa R. Civ. P.
Rule 2958.1 reg&ding intention to proceed with execution thirty (30) days after service of the
notice.
43. Applicable law, including the Pennsylvania and Federal constitution, require
Plaintiff to provide prior notice and reasonable opportunity for he&ing prior to commencing
execution proceedings.
44. Plaintiffs ability to proceed with execution on its confessed judgment should be
stayed pending final adjudication of Plaintiffs claim.
7
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WHEREFORE, The M&k J. Crispin Trust requests that this Court enter an Order staying
execution pending final adjudication of Plaintiffs claim or further Order of this Court.
Respectfully submitted,
By
~~
MARKIAN R. SLOBODIAN, ESQ.
ID No. 41075
G. EDWARD SCHWEIKERT IV, ESQ.
ID No. 81976
801 North Second Street
P. O. Box 11967
H=isburg, PA 17108-1967
(717) 232-5180
Dated:
/1 ~ " ~OO.
(/If I
Attorneys for Defendant
The M&k J. Crispin Trust
8
---'11
Dauphin Deposit Bank and Trust Company
iii
F.-\R.\tERS B.-\~K . V.-\LLEYB.-\:--<K
B.-\NK OF PE:--<:-;SYLV.-\:-<IA
HOPPER SOLIDAY & Co., INC.
E.-\STERN MORTGAGE SERVICES, I~c.
October 2, 1998
Mr, Heath L. Allen, Co-Trustee
Mr. Henry F. McKonly, Co-Trustee
The M&k James Crispen Trust
210 Walnut Street
PO Box 11963
H&risburg,PA 17108-1963
De& Messrs, Allen & McKonly:
I am pleased to advise you that Dauphin Deposit Bank and Trust Company (hereafter "Bank")
has approved a secured term loan (hereafter "Loan") to The M&k James Crispen Trust (hereafter
"Borrower") as follows:
Principal Amount of Loan: $450,000.00
Term: Three (3) ye&s
Interest Rate: 6,75% fixed
~
Repayment Schedule:
Interest payable monthly, principal due at maturity
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Use of Proceeds:
Business investments
The Loan shall be& interest at an annual rate of 6.75% per annum for the term of the Loan,
Interest will be calculated on the basis of the actual number of days in the current calend& ye&
divided by 360. Interest will be payable monthly upon submission of the Bank's statement
therefor.
The Loan will require the monthly payment of interest only on the outstanding principal balance.
All outstanding principal, together with all accrued and unpaid interest, shall be due and payable
in full three (3) ye&s from the Note date.
P.O. Box 2961 . HARRISBURG, PA 17105-2961
TELEPHO:-JE 717 255~2121 . http://www.anytimebank.com
n__I. _, n__
Dauphin Deposit Bank and Trust Company an~ Happe!" Soliday & Co., inc. are subsidiaries of First ~ary!ana ~ancorp..
_,_ e_.___ Q~~'" ~_... \/~1I_,.h~"'" ...~.. rli",,,,innC! "f n..."...ki... "'............ala.",.."" l\.4om....",r l;l"llr.- j;;~!llt...m Mnrin::lno ~"'n/lr.Al:! Inr. JPo:l !>;[JbsldlaN of Dauohln Deooslt Bank.
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M&k James Crispen Trust
October 2, 1998
Page Two
The Loan will be collateralized by the pledge of24,750 sh&es of Rite Aid Corporation stock,
The stock certificates shall be held by the Bank for the term of the Loan. A minimum m&gin of
collateral in excess of the outstanding Loan balance and accrued interest (the collateral m&gin)
shall be maintained at a minimum of 130% at all times. Should the collateral m&gin fall below
130% then the Loan obligation including the principal balance and accrued interest shall be
callable under the terms of the Pledge Agreement.
On an &mual basis, the Borrower shall furnish the Bank with tax returns in form and substance
satisfactory to the Bank.
Availability of the Loan is contingent upon the Borrower and the Bank entering into mutually
acceptable loan documentation setting forth terms and conditions stated herein and such other
terms and conditions, covenants, warranties and representations as may be required by the Bank
and be mutually acceptable to the Borrower and the Bank. All terms and conditions contained
herein shall survive the execution of such loan documentation.
Please acknowledge your concurrence with these terms and conditions by signing, dating and
returning the enclosed copy of this letter to the Bank on or before September 30,1998, at which
time this commitment shall otherwise expire.
Very truly yours,
lu~t.iffi~~
sLv~. Davies
Vice President
ACKNOWLEDGED AND ACCEPTED THIS ~ DAY OF O~
,1998.
BORROWER:
MARK JAMES CRISPEN TRUST
By: )~~~ L.~
( Heath L. Allen, Co-Trustee
By.~:r~
:.-- He . McKonly, Co- stee
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October 27, 1998
255-8011
Susan L. Davies, Vice President
Dauphin Deposit Bank and Trust Company
P. O. Box 2961
Harrisburg, PA 17105-2961
Re: Mark James CrisDen Trust
Dear Susan:
I am delivering to you with this letter the documentation
relative to Dauphin Deposit's $450,000 loan to the Co-Trustees of
the Mark J. Crispen Trust, including the revised Note and the
wiring instructions which involve the trust account of
Mr. Crispen's attorneys, Berrocal & Wilkins, P.A., Jupiter,
Florida. The documentation includes two stock certificates for
24,750 shares of Rite Aid Corporation, for which you will be
providing to the Co-Trustees a Collateral Receipt form.
On behalf of the Co-Trustees, I request you to activate this
loan Friday morning, October 30, by carrying out the wiring
instructions as early in the day as is convenient to you or one
of your associates.
By copy of this letter, I am alerting both Mr. Crispen and
Mr. Berrocal that the wired fu~ds should be reaching Mr. Berro-
cal's firm's trust account Friday morning.
I would be remiss if I failed to express to you my appre-
ciation for the professional competence that you at all times
extended to Mr. McKonly and me. I am quite sure that the
Co-Trustees will pay interest promptly; however, for administra-
tive convenience, interest payments may be made directly by or
on behalf of Mr. Crispen. If I have not provided alternate
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Susan L. Davies, vice President
Page 2
October 27, 1998
instructions to you well before the end of the month, please send
the December 1 interest bill to my attention.
Very truly yours,
Heath L. Allen
Co-Trustee
HLA/kch
, Enclosures
cc: Henry F. McKonly, Jr., Co-Trustee
Mark J. Crispen
Carlos J. Berrocal, Esquire
Amount
of
Transfer
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REQUEST FOR FUNPS TRANSFER
U.S. $ ',59,999.99
or
Type of Currency
Amount
or
U.5.$
Converted to:
Type of Currency
Receiving
Bank
Information
ABA Number ()n70()Rh47
Bank Name Palm Beach National Bank & Trust Co.
Bank Address 1001 N. U, S, Highway One. Suite 100
Tnr; t-o~, li'T '),~/r77
Beneficiary
Information
Please Note:
Name Berroc'al & Wilkins. P .A. -,
Account Number 'l'rnc:lf" A,..("t' Nn 11 n()h7~n?
A Name and, Account Number are Required for International Transfers. For Domestic Transfers, ~ an Account Number is not
available, the Name and Title of an Officer of the receiving bank Must be provided:
Officer Name
Title
Specia'
Instructions
Tn .,..},~ ::It't'p"r;n'n n-r Uo;~j n'r' [...tje THpiter 13!3'nki"'B ('0......+-0.,..
Method
of
Payment
o Cash 0 Check Drawn on Bank
(Note to Branch: Cash and Checks Drawn on Us Must be Credited to the Wire Clearing Account)
o Charge Checking Account
Account Number
o Charge Savings Account
Account Number
Name and
Address
Information
Name M.ark T Cribpea. Trust - Hp,Q,..11 T A 11,:on ~ Hpnry 1='
M,..l(nnly~ 11'"
rn_'l'.,..l1C!t'e:>QC!
Address r;:/g l{pp-fpr Wood AllPTl & 'R;:In;:l1, T.T''?1 ?10 W::Ilnnr
P.O, Box 11963. Harri~l"'r!?, l'A 171()R-19h1
Home Phone 1I Business Phone 1I
~trppf"
.
717-? 'i'i-Rn11
It is understood and agreed thst Banks routinely rely on Account Numbers In executing payment orders, rather than Names. If the
Name and Account Number set forth above Identify different beneficiaries, the Bank and all subsequent parties to the Funds Transfer
may rely solely upon the Account N umber as the proP\lr designation of the beneficiary and customer will be obligated to pay the Bank
for the payment order, and will be responsible for dompensatlng the Bank for any loss and expense Incurred as a result of such
reliance on such number In executing or atlempilng to execute this payment order. The Bank(s) will be under no duty to
independentiy determine whether the Name and Account Number above refer to the same person or entity.
The undersigned hereby requests that 0 Dauphin Deposil Bank or OBank of Pennsylvania or OFarmers Bank and Trust Company (the "Bank")
initiate the above transfer. The undersigned acknowledges receipt of a copy ofthe "Terms and Conditions forthe Wire Transfer of Funds" which
are incorporated herein by reference. and Customer agrees to be bound by said Terms and Conditions.
0, -(~ MARK J, CRISPEN TRUST
Customer Nam L - -
Signature Date ] 0.' 2 7 /9 S
Phoned to
By
BANK USE ONLY
Time
Office
Ref #
Ext
Canary. Customer
Pink. Branch Offce Copy
White. Wire Transfer Dept
SEE REVERSE FOR "T"RM~ A~I',~ONDfTJ~,N~ F9R WIRE TRANSFER OF FUNDS"
00-055-322
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Terms and ConditIons For Wire Transfer Of Funds
The following terms and conditions are applicable to Requests for Wire Transfer of F=unds and are incorporated by reference therein.
1. EXECUTION
Bank will use its best efforts to execute eacn property authorized funds
:transfer instruction on the day of receipt if (a} Bank receives the instruction
iand is able to authenticate it before Bank's cutoff time. and (b) the day of
receipt is a funds transfer business day for Bank and the transmission
:taciltty selected. Bank may change its cutoff time without prior notice to
Customer.
2., ,REJECTION OF FUNDS TRANSFER INSTRUCTIONS'
:Bank may at its sole discretion reject any funds transfer instruction which
(a) exceeds the collected and available funds on deposit in Customer's
designated account(s); (b) is not authenticated to Bank's satisf?ction or
which Bank believes may not be authorized by Customer, (cl contains
incorrect inconsistent, ambiguous, or missing information: (d) involves
funds which are subject to a lien, security interest, claim, hold, dispute, or
legal process prohibiting withdrawal. Bank shall incur no liability to Cus.
tamer for any loss occasioned by Bank's refusal, with or without notice to
Customer, to honor any funds transfer instruction.
3. TRANSFER REQUESTS IN EXCESS OF ACCO UNT BALANCES
In the. event that there are insufficient available funds in Customer's
account(s) to cover Customer's obligations under this Agreement, Bank
may at its sole discretion choose to complete funds transfers initiated by
Customer, and Customer agrees to immediately repay Bank the amount
of any overdraft created thereby plus any overdraft charges imposed in
connection therewith, without notice or demand to Customer.
4. AMENDMENT AND CANCELLATION
Customer shall have no rightto cancel or amend a funds transfer instruc.
tion after its receipt by Bank. However, Bank shall use reasonable efforts
to act on a request by Customer to cancel or amend an instruction prior to
executing it, but shall have no liability if cancellation or amendment is not
effected.
5. CONFIRMATION
Customer agrees to exar1!ine confirmations and monthly account state.
ments promptly upon receipt Customer shall notify Bank immediately,
and in no event later than thirty (30) days after receipt of the confirmation
advice or accountstatement, whichever is earlier, of the existence of any
errors, unauthorized transactions, or irregularities reflected on an advice
or account statement
6. FEES AND CHARGES
Customer agrees to pay Bank's fees and charges as in effect at the time of
the transfer. Bank reserves the right to change fees and charges for its
services from time to time. Bank is authorized to debit Customer's
account{s) for fees and charges incurred in connection with Bank's funds
transfer services. This authorization includes the right to charge any
investments which are linked to any such account(s).
, 7. FOREIGN CURRENCY TRANSACTIONS
If Customer requests a funds transfer in United States Dollars to a foreign
country, Bank may transfer payment in the currency of the beneficiary's
bank's country at Bank's, or Bank's paying correspondent's or agent's or
sub-agent's. buying rate of exchange for United States Oollartransfers. If
for any reason the transfer is returned, Customer agrees to accept the
refund in United States Dollars in the amount of the foreign money credit.
based on the current buying rate of the bank converting the currency to
Unhed State. Dollar. on the date of refund. less any charges and
expenses incurred by Bank. When remittance is made by Bank by telex,
telegraphic cable, wireless, foreign govemment telegraphic service, tele.
phone or mall, Bank is acting as agent of Customer in transmitting the
same.
8. RELIANCE ON IDENTIFYING NUMBERS
If Customer'a funds transfer instruction Identifies the beneficiary,
the beneficiary's bank, or an Intermediary bank by name and IIn
account or other Identifying number, Bank and subsequent parties
to the funds transfer may act solely on the basis of such number,
even If the name and number clo not agree. Bank will be under no
duty to Independently determine whether the name and account or
other identifying number refer to the same person or entity.
9. DESIGNATION OF FUNDS TRANSFER SYSTEM AND/OR INTER-
MEDIARY BANK
In the event Customer does not specify a funds transfer payment system,
communication system or intermediary bank when initiating a particular
funds transfer order, Customer hereby instructs Bank to use the following:
FedWire System, Clearing House Interbank Payments System, Society
for World-Wide Interbank Financial Telecommunications, any interme-
diary bank identified by the foregoing systems as a correspondent bank of
the beneficiary's bank, or any payment system or intermediary bank
which Bank deems reasonable under the circumstances. Customer
agrees to be bound by the rules of the funds transfer payment system
utilized.
10. LIMIT A TIOllS OF LIABILITY
Exc.ept as otherwise required by the Pennsylvania Uniform Commercial
Code. Bank shall not be responsible for any loss or liability arising from (a)
any inaccuracy, act or failure to act on .the part of any person not within
Bank's reasonable control, including, but not limited to, the failure of other
financial institutions to provide accurate or timely information to Bank or
Customer; (bj the failure of other financial institutions to accept payment
orders; Ic) Customer's negligence or breach of this Agreement: (d) any
ambiguity or inaccuracy in any instruction or in the information set forth in
this Agreement given to Bank by Customer; or (e} from any error, failure or
delay in execution of any funds transfer instruction, or cancellation or
amendment, including, without limitation, any inoperability of computer or
communication facilities, or other circumstances beyond Bank's reason.
able control. Provided that Bank has complied with this Agreement,
Customer agrees to indemnity and hold Bank and its directors, officers,
employees, agents and attorneys harmless against any claim of a third
party arising from or in connection with this Agreement or Bank's perfor-
mance of funds transfer services for Customer. Customer agrees to take
any and all reasonable action to mitigate any potential or actual Bank loss
or liability hereunder. In all cases, Bank's liability for any act or failure to
act under this Agreement shall be limited to the resulting direct loss, if any,
of Customer and payment of interest to the extent reQuired by the Penn-
sylvania Uniform Commercial Code. UNDER NO CIRCUMSTANCES
, " SHALL BANK BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT,
PUNITIVE. OR SPECIAL DAMAGE WHICH CUSTOMER MAY INCUR
OR SUFFER IN CONNECTION WITH THIS AGREEMENT, including.
witho.ut Ifmitation, loss or damage from subseQuent wrongful dishonor
resulting from Bank's acts or omissions under this Agreement, unless the
Pennsylvania Uniform Commercial Code otherwise requires.
11. FORCE MAJEURE
Notwithstanding any other provision of this Agreement, Bank shall not be
liable for any loss, expense. failure to perform or delay caused b.y acci.
dents, strikes, fire. flood, war, riot, electrical or mechanical or communi ca.
tion line failures, acts of third parties (including without limitation any
messenger, telephone or delivery service), acts of God. or any other
cause or causes which are beyond Bank's reasonable control.
12. ADDITIONAL TERMS AND CONDITIONS
A. Headings. Headings are included for convenience and reference only
and are not to be construed as part of the Agreement
B. Choice of Law. This Agreement shall be govemed by and construed
in accordance with the laws of the Commonweatth of Pennsylvania
C. Cooperation. Customer acknowledges that Bank may have certain
legal recordkeeping and reporting requirements with respect to the
services provided under this Agreem~.nt Customer consents to
..-. .:j , Bank~s disclosure"to gCiVEimment authorities of information concerning
transactions hereunder which Bank believes to be appropriate or
necessary to fulfill such legal reQuirements. Customer agrees to
cooperate fully with Bank to enable Bank to fulfill such reQuirements
as may exist from time to time.
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VERIFICATION
Subject to the penalties of 18 Pa.C.S.A. S 4904, relating to unsworn falsification to
authorities, I dec1&e that I am a co-trustee of the M&k J. Crispen Trust and hereby certify that I
am authorized to verify the foregoing Petition on Defendant's behalf and, further, that the facts
set forth in the Petition are true and correct to the best of my information and belief.
!~L. ~-M
HEATH L. ALLEN, Co-Trustee
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CERTIFICATE OF SERVICE
I hereby certify that I served a true and correct copy of the foregoing document on the
Defendant by United States mail, first class, postage prepaid and addressed to the following
individual(s):
Michael D. Nord, Esquire
Gebh&dt & Smith, LLP
The World Trade Center
40 I E. Pratt Street, 9th Floor
Baltimore, MD 21202
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M&kian R. Slobodian, Esquire
/i 'h' J " ;l.o'"
Dated: ~ J
8
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ALLFIRST BANK,
successor-in-interest to
Dauphin Deposit and Tl'ust Company,
Plaintiff,
Court of Common Pleas
of Cumberland County
Civil Action Law
No. 01-1316 Civil
v.
THE MARK J. CRISPEN TBUST,
Defendant;,
STIPULI\TI:ON Ii'OR EXTENSION OF TIME
TO REf I,POND TO RULE TO SHOW CAUSE
Allfirst Ban~, successor-in-interest to Dauphin Deposit
and Trust Company, by end through its undersigned counsel, and The
Mark J. Crispen Trust. by and through its undersigned counsel,
hereby stipulate al1d~l~lree that the time for Allfirst Bank to
answe,; the Rule to Shml' Cause issued by the Court of Common Pleas
of Cumberland County, w'lich answer is due on October 2, 2001. shall
be extended to and including October 16, 2001.
The parties tave agreed to this Stipulation in order to
attempt to resolve this matter.
1n/~ (}./II~{m~1
Michael D. Nord
Pennsylvania Bar no. 52G86
Gebhardt & Smith LLP
The World Trade Center
401 E. Pratt Street, 9tl Floor
Baltimore, Maryland 212':l2
(410) 385-5072
Counsel for Allfirst Ba.:tk
~.*~.
Markian R. Slobodian
Pennsylvania Bar no. 41075
801 North 2nd Street
Post Office 11967
HarriSburg. Pennsylvania 17108
(717-232-5180
Counsel for
The Mark J. Crispen Trust
Dated: October~, 2001
Dated: October~, 2001
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ALLFIRST BANK,
succes5or-in--interest to
Dauphin Deposit and Trust ComparlY,
Plaintiff,
v,
THE MARK J. CRISPEN TRUST,
Defendant.
Court of Common Pleas
of Cumberland County
Civil Action Law
No. 01-1316 Civil
STIPULATION FOR EXTENSION OJ!' TIME
TO RESPOND TO RULE TO SHOW CAUSE
Allfirst Bank, successor-in-interest to Dauphin Deposit
and Trust Company, by and through its undersigned counsel, and The
Marl< J, Crispen Trust, by and through its undersigned counsel,
hereby stipulate and agree that the time for Allfirst Bank to
answer the Rule to Show Cause issued by the Court of Common Pleas
of Cumberland County, which answer is due on October 16, 2001,
shall be extended to and including November 9, 2001.
The parties have agreed to this Stipulation in order to
attempt to resolve this matter.
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$vJJI n. C::!-dY
Michael D. Nord
Pennsylvania Bar no. 52486
Gebhardt & Smith LLP
The World Trade Center
401 E, Pratt Street, 9th Floor
Baltimore, Maryland 21202
(410) 385-5072
Counsel for Allfirst Bank
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Dated: October~, 2001
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Markian R. Slobodian
Pennsylvania Bar no, 41075
801 North 2nd Street
Post Office 11967
Harrisburg, Pennsylvania 17108
(717-232-5180
Counsel for
The Mark J. Crispen Trust
Dated: October I', 2001
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ALLFIRST BANK,
successor-in-interest to
Dauphin Deposit and Trust Company,
Plaintiff,
Court of Common Pleas
of Cumberland County
Civil Action Law
No. 01-1316 Civil
v.
THE MARK J. CRISPEN TRUST,
Defendant.
STIPULATION FOR EXTENSION OF TIME
TO RESPOND TO RULE TO SHOW CAUSE
Allfirst Bank, successor-in-interest to Dauphin Deposit
and Trust Company, by and through its undersigned counsel, and The
Mark J. Crispen Trust, by and through its undersigned counsel,
hereby stipulate and agree that the time for Allfirst Bank to
answer the Rule to Show Cause issued by the Court of Common Pleas
of Cumberland County, which answer is due on November 9, 2001,
shall be extended to and including November 30, 2001.
The parties have agreed to this Stipulation in order to
attempt to resolve this matter.
~ 0 AJfI\.J'
Michael D. Nord
Pennsylvania Bar no. 52486
Gebhardt & Smith LLP
The World Trade Center
401 E, Pratt Street, 9th Floor
Baltimore, Maryland 21202
(410) 385-5072
Counsel for Allfirst Bank
"..
Dated: November~, 2001
1A~
Markian R. Slobodian
Pennsylvania Bar no. 41075
801 North 2nd Street
Post Office 11967
Harrisburg, Pennsylvania 17108
(717-232-5180
Counsel for
The Mark J. Crispen Trust
Dated: November ~, 2001
U:\MDN\19\19380StiExt.wpd
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ALLFIRST BANK,
successor-in--interest to
Dauphin Deposit and Trust Company,
Plaintiff,
Court of Common Pleas
of Cumberland County
Civil Action Law
No, 01-1316 Civil
v,
THE MARK J. CRISPEN TRUST,
Defendant.
STIPULATION FOR EXTENSION OF TIME
TO RESPOND TO RULE TO SHOW CAUSE
Allfirst Bank, successor--in-interest to Dauphin Deposit
and Trust Company, by and through its undersigned counsel, and The
Mark J. Crispen Trust, by and through its undersigned counsel,
hereby stipulate and agree that the time for Allfirst Bank to
answer the Rule to Show Cause issued by the Court of Common Pleas
of Cumberland County, which answer is due on December 31, 2001,
shall be extended to and including January 21, 2002.
The parties have agreed to this Stipulation in order to
attempt to resolve this matter,
f\'~""4~\ O. 11."..;. (1.,.$(
Michael D. Nord
Pennsylvania Bar no, 52486
Gebhardt & Smith LLP
The World Trade Center
401 E, Pratt Street, 9th Floor
Baltimore, Maryland 21202
(410) 385--5072
Counsel for Allfirst Bank
~~
Markian R. Slobodian
Pennsylvania Bar no. 41075
801 North 2nd Street
Post Office 11967
Harrisburg, Pennsylvania 17108
(717-232--5180
Counsel for
The Mark J, Crispen Trust
Dated: December 30, 2001
Dated: December 30, 2001
H:\docs\Allen, Heath\Crispin Trust\Pleadings\stip for extension.wpd
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ALLFIRST BANK,
successor-in-interest to
Dauphin Deposit and Trust Company,
Plaintiff,
Court of Common Pleas
of Cumberland County
Civil Action Law
No. 01-1316 Civil
v.
THE MARK J, CRISPEN TRUST,
Defendant.
STIPULATION FOR EXTENSION OF TIME
TO RESPOND TO RULE TO SHOW CAUSE
Allfirst Bank, successor-in-interest to Dauphin Deposit
and Trust Company, by and through its undersigned counsel, and The
Mark J. Crispen Trust, by and through its undersigned counsel,
hereby stipulate and agree that the time for Allfirst Bank to
answer the Rule to Show Cause issued by the Court of Common Pleas
of Cumberland County, which answer is due on January 21, 2002,
shall be extended to and including March 15, 2002.
The parties have agreed to this Stipulation in order to
attempt to resolve this matter,
1hlc-k~ D. ).JOof'cf, (I'l/($ I
Michael D, Nord
Pennsylvania Bar no, 52486
Gebhardt & Smith LLP
The World Trade Center
401 E. Pratt Street, 9th Floor
Baltimore, Maryland 21202
(410) 385-5072
Counsel for Allfirst Bank
~1..A-
Markian R, Slobodian
Pennsylvania Bar no. 41075
801 North 2nd Street
Post Office 11967
Harrisburg, Pennsylvania 17108
(717-232-5180
Counsel for
The Mark J, Crispen Trust
Dated: .2 }.J."{t>__
Dated: J. b.(./bL...
H:\docS\Allen, Heath\Crispin Trust\Pleadings\stip for extension.wpd
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ALLFIRST BANK,
Successor-in-interest to
Dauphin Deposit and Trust Company
213 Market Street
Harrisburg, Pennsylvania 17105
Plaintiff
COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
Civil Action Law
No. 01-1316 Civil
v.
THE MARK J. CRISPEN TRUST
Defendant
PRAECIPE TO DISMISS COMPLA.lNT FOR
CONFESSION OF JUDGMENT FOR MONEY
To: The Prothonotary of Cumberland County:
Allfirst Bank, successor-in-interest to Dauphin Deposit and Trust Cornpany, by
and through its undersigned counsel. and The Mark J. Crispen Trust, by and through its
undersigned counsel, hereby respectfully request that the Complaint for Confession of
Judgment for Money initiated in the above-captioned case be marked as DISMISSED
WITHOUT PREJUDICE.
~ D - tJ r:/\.-.J
Michael D. Nord, Esq.
LD. No. 52486
Gebhardt & Smith, LLP
The World Trade Center
401 E. Pratt St., 9th Floor
Baltimore, MD 21202
410/385-5072
Counsel for Allfirst Bank
1A~
Markian R. Slobodian, Esq.
LD. No. 41075
The Law Offices of Markian R. Slobodian
801 North Second Street
Harrisburg, PA 17102
717/232-5180
Counsel for the Mark S. Crispen Trust
Dated: 7b.~1 O'l.
Dated: -1I;l. '1./0 l-
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CERTIFICATE OF SERVICE
L hereby certify that I have, this date, served a true and correct copy of the
foregoing Praecipe by U.S. Mail, first class, postage prepaid, addressed to the following
individual(s):
Michael D. Nord, Esq,
Gebhardt & Smith, LLP
The World Tade Center
401 E. Pratt St., 9th Floor
Baltirnore, MD 21202
~;{.-
MARKIAN R. SLOBODIAN, ESQ.
Dated:
7/),,'1101--
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Cumberland County Prothonotary's Office
Civil Case Inquiry
2001-01316 ALLFIRST BANK (VS) CRISPEN MARK J TRUST THE
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Page
1
Reference No. . :
Case Type,....: CONFESSION OF JUDGMENT
Judgment...", 529044.22
Judge Assigned:
Disposed Desc. :
------------ Case Comments -------------
Filed, . . , , , , . :
Time..".".. :
Execution Date
Jury Trial, , , .
Disposed Date,
Higher Crt 1.:
Higher Crt 2,:
3/08/2001
12:53
0/00/0000
0/00/0000
********************************************************************************
General Index Attorney Info
ALLFIRST BANK ETC PLAINITFF SCHUSTER ERIC S
213 MARKET ST NORD MICHAEL D
HARRISBURG PA 17105
CRISPEN MARK J TRUST THE DEFENDANT
C/O KEEFER WOOD ALLEN & RAHAL
210 WALNUT ST
HARRISBURG PA 17105
Judgment Index
CRISPEN MARK J TRUST THE
Amount
529,044,22
Date Desc
3/08/2001 CONFESSION OF JUDG
********************************************************************************
* Date Entries *
*****************************************************************,***************
3/08/2001
3/08/20 OJ.
3/08/2001
3/08/2001
3/26/2001
4/06/2001
- - - - - - - - - - - - -- FIRST ENTRY - - - - - - - - - - - - - -
CONFESSION OF JUDGMENT AND COMPLAINT ENTERED
-------------------------------------------------------------------
NOTICE MAILED TO DEFENDANT
-------------------------------------------------------------------
AFFIDAVIT OF BUSINESS TRANSACTION
CERTIFICATE OF RESIDENCE
SHERIFF'S RETURN FILED
Litigant.: CRISPEN MARK J TRUST THE
: 3/21/01 COMPLAINT FOR CONF OF JUDGEMENT HBG PA
: DAUPHIN CO HANDED TO CONNIE HINSON SECRETARY
Costs,.,,: $62,50 Pd By: GEBHARDT & SMITH 03/26/2001
-------------------------------------------------------------------
PETITION TO STRIKE AND/OR OPEN CONFESSED JUDGMENT - BY MARKIAN R
SLOBODIAN ESQ FOR DEFT
- - - - - - - - - - - - - - LAST ENTRY - - - - - - - - - - - - - -
********************************************************************************
* Escrow Information *
* Fees & Debits Beo Bal Pvmts/Adi End Bal *
*****************************************~**************************************
JDMT/CONFESSION
TAX ON CONFESS
SATISFACTION
9,00 9.00
.50 .50
5,00 5.00
------------------------
14,50 14.50
,00
.00
,00
------------
,00
**************************,******************************************************
* End of Case Information *
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