HomeMy WebLinkAbout01-1316ALLFIRST BANK,
successor-in-interest to
Dauphin Deposit and Trust
Plaintiff,
THE MARK J. CRISPEN TRUST,
Defendant.
Company,
Court of Common Pleas
of Cumberland County
Civil Action Law
Term, 2001
No. 01-1316 Civil
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
NOT HAVE A LAWYER OR CANNOT AFFORD ONE,
OFFICE SET FORTH BELOW TO FIND OUT WHERE
DO
GO TO OR TELEPHONE THE
YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, Pennsylvania 17013
Telephone: 717-249-3166
I hereby certify that the following is the address of the
Defendant:
210 Walnut Street
Harrisburg, Pennsylvania 17108-1963
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
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
Michael D. Nord
ALLFIRST BANK,
successor-in-interest to
Dauphin Deposit and Trust Company
213 Market Street
Harrisburg, Pennsylvania 17105
Plaintiff,
Vo
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.
Court of Common Pleas
of Cumberland County
Civil Action Law
Term, 2001 ~,
No.
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
210 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
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,
obligations owed by the Defendant to the
and demanded payment of all indebtedness
accelerated payment of the
Plaintiff under the Note
owed thereunder. A true
and accurate copy of the demand letter is attached hereto as
Exhibit "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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The itemization of the amount
Principal:
Interest (as of 3/8/01):
(per diem = $81.25)
Late charges:
Attorneys' fees:
{15% of $460,038.45}
due is as follows:
$450,000.00
$9,668.75
$369.70
$69,005.77
attorney
and pursuant to
Exhibit "A."
9. Under the
TOTAL DUE AS OF 3/8/01: $529,044.22
The Note with confession of judgment and warrant of
was executed by the Defendant on October 7, 1998, under
the terms of the Note attached hereto as
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
declaration,
fees and fees
owed under the Note, with or without
with costs of suit including reasonable attorneys'
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
U: ~MDN~ 19 ~ 19380 ComConPA. w~d
relief from any appraisement,
stay or exemption laws of any state
now in force or hereafter enacted.
WHEREFORE, the Plaintiff, as
attorney contained in the Note,
authorized by the warrant of
demands judgment against the
Trust, in the total sum of
March 8, 2001 at the rate of
into Court to recover
Defendant, The Mark J. Crispen
$529,044.22, plus interest after
$81.25 per day and brings the attached Note
the said sum.
Date: March ~, 2001
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:
U: ~MDN~ 19 ~ 19380 ComConPA. %rpd
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~__, 2001
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~F~N SYL~N IA,
CITY/COUNTY OF ~ , 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.
me this /~daylof Marc,h, 2001.
Sworn and subscribed before
Notary Public ~/
~ommission expires:
U: \MDN \ 19 \ 19 3 8 0 ComConPA.
Edie I. Lin§le, Nora%' public
tebano~n.Lebanon County
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.
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COMMERCIAL LOAN NOTE
DAUPHIN DEPOSIT BANK AND TRUST COMPANY
BANKOF PENNSYLVANIA * FARMERS BANK · VALLEYBANK
$ CS0,000.00
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 immedlatety available funds If
any payment due hereunder is received by the Bank more than fif/ee~l (15) calendar days after its due date, the Borrower
shali pay a late payment charge equal to five percent (5%) of the amount then due or $10.O0, wh[chever is greater
APPLICATION OF PAYMENTCJ. All payments made hereunder shall be applied first to late payment charges or other
sums owed to the Bank, next to accrued interest, and then to principal, or in such other order or proportion as the Bank, in
its so{e and absolute discretion, may erect from time to time.
SECURI~/. The payment of this note and any renewals, extensions and modifications thereof, and the payment.
performance and discharge of all other present or future indebtedness, obligations and undertakings (individual joint,
several, direct, contingent, or otherwise) of the Borrower to or for the benefit of the Bank. whether arisidg d~rectly to the
Bank under this note or under any other agreement, promisso~ note or undertakings now ex.stag or hereinafter entered
by the Borrower to the Bank (collectively. the 'Liabilities') is secured by the properW described in, and under and pursuant
to the terms and conditions of that certain:
The undecsigned'$ imterest in securities, as set forth in a Pledge dated /~ /~)'~ / ~g~.
Such liens and security mterests 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 note, upon demand, all costs and expenses (including reasonable attorneys fees, whether
or not ~itigatlon 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 a~crneys
fees incurred for any action or proceeding m relation to the loan transaction, including but not lie*tag to the joyrider of
Bank in any action be'0~veen the Borrower and a third party
DE?AULT$. The Borrower shal. , default hereunder upon the occurren, any of the following events: (a) the
nonpayment when due of any amount payable on any of the Liabilities, or the failure 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 modification thereof, suoh as endorsers,
sureties, or guarantors); (b) if any Obligor become~ insolvent or makes an assignment for the benefit 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 aa a corporation, limited partnership, partnership or limited liability
companv; (e) the death of any Obligor who is a natural person; (f) any information heretofore or hereinafter furnished to the
Bank by any Obligor in connection with the loan 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 peyeb{e 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
ACCEI. ERATION AND ENFORCEMENT RIGHTS. Whenever the Borrower shall be in default as aforesaid, (1) unless the
BORROWER:
Par~nership~i' Limi'~ed Liability ¢~rf'~anyI~
(Seal) By: (Sea[)
Name and Title Name and Title
(Seal) By: {Seal)
Nam~ and T~tie Name and T~tle
(Seal) By: iSeal)
Name and Title Name and Title
(Seal) By: __(Seell
Name and T~tle Name and Title
Address
CE-110-2 3196
allfirst
~mes $. G-~es; Vice President
900-03-05
3607Den~ Street
February 9, 2001
An~ Hear. h k gll~ Co-Trustee
Amz Henry F. McKo~y, Co--Tr,J~
The Mark lam~s C, fispm T.n~
C/O Keefer, Wood, Allen &
210 Wahaut Street
P.O. Box 1.1963
Hat~btug Pa. 17108-1963
Re: Mark J~-~es CHspe~Tmst comrner~i~ IO~U m, mh~r 0034924-9001
Dear Messers Allen ~ McKonly:
This letter is to inform you thor the referenced comm~ial loan has been tra~erred to the
undersigned of gll~,~t's P---~vuai~ Special C_aedits Departme~ for servicing. This letter is
to M-r. her inform you th~ the referenced com,-m:ial loan is in de~uk for the following
rL"~ons.
Failure to pay inmrest when du~ The aa:om is past due for monthly interest payment
as follows.
A. Dec~mher 7, 2000:. $2,55938
B. January7'2001: $2,644.69
C. FebruaryT, 2001r $2,51835
2. Violation ofSpeciicCov~:-ras follow~
A. Borrower is to m:;,r~;, ~ m;ni~-lm c~llar~ ~ of 130% of &e o~di-5
b~ ~ ~~ ~ ~ fim~ ~ of &e ~ of ~ 1~, ~ pl~
~o~ ~ a ~ of $10~71~0, ~ &e p~ ~ ~g ~50,~.~.
IVfr. I-Yem3r F. ~ Co-Trustee
Marklames Cagtm Tr~
Febrtmry 7, 2001Z
Page Two
As a result of this de~,lr the b~nlc has etecr__~ acceler~ the balance of the loan. The
following ~moums are now ;-~liatety &,~ and payable in full
1. Principal: $450,000.00
2. Interest.- 7,475.00
3. Late Ch~: 36930
4-. Total: $457,84430
Failure to tender the referenced sum may result in the Bank's,,-a-,~k4-~ of any and all
measures to which k may be entitled by the ¢Ornmea'q::ial lOall doolme, n~ql:iOl~ and the law in
order to coll~m~ m~i mn,-
Contact the un~ed on any date subsequent to the date of ~ letter for an updated
payoff. If you have any questions, fed free to contact the undersigned at (717) 565-2691.
James s. Gates
Vice President
ALLFIRST BANK,
successor-in-interest to
Dauphin Deposit and Trust Company
213 Market Street
Harrisburg, Pennsylvania 17105
Plaintiff,
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.
Court of Common Pleas
of Cumberland County
Civil Action Law
Term, 2001
No.
AFFIDAVIT OF BUSINESS TRANSACTION
COMMONWEALTH 05~NNSYL~ANIA,
CITY/COUNTY OFq../~
I, James S. Gates, being
and say that:
1. I am a Vice
interest to Dauphin
Plaintiff in this action,
on its behalf.
SS:
duly sworn according to law, depose
President of Allfirst Bank, successor-in-
Deposit and Trust Company, which is the
and am authorized to make this Affidavit
2. The transaction upon which the judgment is being entered
is a business transaction.
JAMES S. GATES
Sworn and
subscribed before me thiscT~day of March,
Notary Public
My commission expires:
Notarial Seat
Edte L Lingle, Notary Public
Lebanon, Lebenon County
My Commission Expires Oct. 11, 2004
Member, Pennsylvania Associ~ o~ NotarY%,
2001.
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2
ALLFIRST BANK,
successor-in-interest to
Dauphin Deposit and Trust Company
213 Market Street
Harrisburg, Pennsylvania 17105
Plaintiff,
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.
Court of Common Pleas
of Cumberland County
Civil Action Law
Term, 2001
No.
CERTIFICATE OF RESIDENCE
I
interest to Dauphin Deposit and Trust Company (the "Plaintiff") ,
certify that the Plaintiff, Allfirst Bank, successor-in-
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 Pa. Cons. Stat. Ann. § 4904
relating to unsworn falsification to authorities.
Date: March __~, 2001
U: \MDN~ 19 \ 19380CerResPA. wpd
James S. Gates,
Vice President
Allfirst Bank
Mail Code 001-14-02
Special Credits Department
213 Market Street
Harrisburg, Pennsylvania 17105
SHERIFF'S RETURN -
CASE NO: 2001-01316 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
ALLFIRST BANK
VS
CRISPEN MARK J TRUST THE
OUT OF COUNTY
R. Thomas Kline
duly sworn according to law,
and inquiry for the within named DEFENDANT
CRISPEN MARK J TRUST THE
but was unable to locate Him
deputized the sheriff of DAUPHIN
, Sheriff or Deputy Sheriff who being
says, that he made a diligent search and
, to wit:
in his bailiwick.
County,
serve the within CONFESSION OF JUDGEMENT
He therefore
Pennsylvania, to
On March
26th , 2001 , this office was in receipt of the
attached return from DAUPHIN
Sheriff's Costs:
Docketing 18.00
Out of County 9.00
Surcharge 10.00
Dep. Dauphin Co 25.50
.00
62.50
03/26/2001
Sheriff of Cumberland County
GEBHARDT & SMITH LLP
Sworn and subscribed to before me
this 2~ day of ~
A.D.
Prothonotary
~,ALLFIRST BANK, :
Successor-in-interest to :
Dauphin Deposit and Trust Company:
213 Market Street
Harrisburg, Pennsylvania 17105
Plaintiff
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
I 11¥
COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
Civil Action Law
No. 01-1316 Civil
RULE TO SHOW CAUSE
AND NOW this ~ ~"~ day of ~ 2001, upon consideration of the Petition of
Defendant, The Mark 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.
ALLFIRST BANK, :
Successor-in-interest to :
Dauphin Deposit and Trust Company:
213 Market Street
Harrisburg, Pennsylvania 17105
Plaintiff
THE MARK J. CRISPEN TRUST
c/o Keefer, Wood, Allen & Rahal
210 Walnut Street
Hamsburg, Pennsylvania 17108-1963:
Attention: :
Heath L. Allen, Co-Trustee and :
Henry F. McKonly, Co-Trustee :
:
Defendant :
COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
Civil Action Law
No. 01-1316 Civil
PETITION TO STR1KE AND/OR OPEN CONFESSED JUDGMENT
NOW COMES, Defendant, the Mark J. Crispen Trust, by its counsel, The Law Offices of
Markian 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 follows:
1. On or about October 2, 1998, The Mark J. Crispen Trust (hereinafter "Trust")
received from Plaintiff's predecessor, Dauphin Deposit Bank and Trust Company, a commitment
letter (the "Commitment Letter") for a loan in the principal amount of $450,000.00, to be
collaterized by the pledge of 24,750 shares of 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".
2. The commitment letter specified that "[al minimum margin of collateral in excess
of the outstanding Loan balance and accrued interest (the collateral margin) shall be maintained at
a minimum of 130% at all times, Should the collateral margin fall below 130% then the Loan
obligation including the principal balance and accrued interest shall he callable under the terms of
the Pledge Agreement."
3. On or about October 7, 1998, the Trustees for the Mark J. Crispin Trust signed a
Pronfissory Note obligating the Trust to repay the principal sum of $450,000.00 with interest as
more fully set forth in the Promissory Note.
4. By letter dated October 27, 1998, addressed to Susan L. Davies, Vice President of
Dauphin Deposit Bank and Trust Company, Mr. Heath L. Allen, co-trustee of the Trust,
instructed the Bank to wire the $450,000.00 loan proceeds directly to counsel for the Trust's
beneficiary's attorneys, Berrocal & Wilkins, P.A., in Jupiter, Florida. A true and correct copy of
the letter of October 27, 1998 and the request for funds transfer enclosed with that letter are
attached hereto and made a part hereof as Exhibit "B".
5. Pursuant to the terms of Mr. Allen's letter of October 27, 1998, Plaintiff wired the
Loan proceeds directly to counsel for the Trust's beneficiary, Mark J. Crispen.
6. Since the Loan at issue in this case was extended, payments have been made
directly to the Bank by Mr. Crispen.
MOTION TO DISMISS OR STRIKE
Improper Venue
7. Defendant incorporates by reference Paragraphs 1 through 6 of this Petition.
8. The Complaint clearly sets forth that both Plaintiff and Defendant reside in
Harrisburg, Dauphin County, Pennsylvania.
Plaintiff has failed to allege any action as having occurred in Cumberland County,
Pennsylvania.
i0.
Venue is improper in Cumberland County, Pennsylvania.
WHEREFORE, the Mark J. Crispen Trust requests that this Court dismiss or strike the
Confessed Judgment as having been entered in a county where venue clearly does not lie.
MOTION TO OPEN
Estoppel
11. Defendant incorporates by reference Paragraphs 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 pay off 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 Mark J. Crispen had failed to make
monthly interest payments, and that the loan would be decared in default if payment of October
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 Mark J. Crispen, the October payment was not made, nor were the
December and January payments.
17. Ms. Habig's call and subsequent fax were the first contracts by Plaintiff to Mr.
Alien and Mr. McKonly since October, 1998, the month in which the loan was originated and
funds disbursed by Plaintiff to Mark J. Crispen's Florida attorney.
18. By the time the Trust was notified of Mark 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 Mark 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. Plaintiff's failure to abide by its stated policy has caused the bank to become
substantially undersecumd and to look to other assets of the Trust for payment of this obligation.
21. Plaintiff's failure to abide by its own stated policies has caused the Trust to incur
substantial harm.
22. Plaintiff is estopped from seeking to collect from the Trust any portion of its
unsecured claim.
WHEREFORE, the Mark 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 CONTRACT
23. Defendant incorporates by reference Paragraphs 1 through 22 of this Motion.
24. Pursuant to the terms of the commitment letter, Plaintiff was contractually
obligated to declare a breach and take action with regard to the collateral upon the collateral
margin falling below 130% of the Loan obligation balance.
25. Plaintiff has breached its contractual obligation to the Trust.
26. As a rest~lt of Plaintiff's breach of contract, the Trust has incurred substantial
damages, il~cluding but not limited to possible exposure of other Trust assets to Plaintiff's
unsecured claim.
27. Plaintiff's breach of contract substantially reduces any obligation which the Trust
may have to the Plaintiff.
WHEREFORE, the Mark 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 Paragraphs 1 through 27 of this Motion.
29. Plaintiff had a fiduciary duty to the Trust to take appropriate action with regard to
the pledged assets should the value of those assets fall below the agreed margin rate.
30. Plaintiff has breached its fiduciary duty to the Trust.
31. As a result of Plaintiff's breach of fiduciary duty, the Trust has no obligation to
Plaintiff with regard to Plaintiff's unsecured claim.
WHEREFORE, the Mark 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 reference Paragraphs 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 attorney's fees is excessive, unreasonable, unconscionable,
and unenforceable under applicable law.
36. Plaintiff's 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 Plaintiffs 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 Mark 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 Paragraphs 1 through 37 of this Motion.
6
39. The Promissory Note signed by the Trustees contains no express waiver of the
Trust's right to hearing prior to entry of Judgment.
40. The Trust has not voluntarily, intelligently, and knowingly waived its right to
notice and hearing prior to the entry of Judgment.
WHEREFORE, the Mark 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 hearing and final
adjudication of Plaintiff's claim.
REOUEST FOR STAY OF EXECUTION
41. Defendant incorporates by reference Paragraphs 1 through 40 of this Motion.
42. Plaintiff has failed to provide the Trust with the notice required by Pa R. Civ. P.
Rule 2958.1 regarding 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 hearing prior to commencing
execution proceedings.
44. Plaintiff's ability to proceed with execution on its confessed judgment should be
stayed pending final adjudication of Plaintiff's claim.
WHEREFORE, The Mark J. Crispin Trust requests that this Court enter an Order staying
execution pending final adjudication of Plaintiff's claim or further Order of this Court.
Respectfully submitted,
Dated:
By
MARK/AN R. SLOBODIAN, ESQ.
ID No. 41075
G. EDWARD SCHWEIKERT IV, ESQ.
ID No. 81976
801 North Second Street
P. O. Box 11967
Harrisburg, PA 17108-1967
(717) 232-5180
Attorneys for Defendant
The Mark J. Crispin Trust
Dauphin Deposit Bank and Trust Company
HOPPER SOLIDAY & Co., /NC.
EASTERN ~IORTGAGE SERVICES, IN(.
October 2, 1998
Mr. Heath L. Allen, Co-Trustee
Mr. Henry F. McKonly, Co-Trustee
The Mark James Crispen Trust
210 Walnut Street
PO Box 11963
Harrisburg, PA 17108-1963
Dear 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 Mark James Crispen Trust (hereafter
"Borrower") as follows:
Principal Amount of Loan: $450,000.00
Term: Three (3) years
Interest Rate:
6.75% fixed
Repayment Schedule:
Use of Proceeds:
Interest payable monthly, principal due at maturity
Business investments
The Loan shall bear 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 calendar year
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) years from the Note date.
P.O. Bo.',: 2961 "HARRISBURG, PA 17105-2961
TELEPHONE 717 255-2121 ° http://xwwv, anytimebank.com
Dauphin Deposit Bank and Trust Company and Hopper Seliday & Co., Inc. are subsidiaries of First Maryland Bancorp.
Mark James Crispen Trust
October 2, 1998
Page Two
The Loan will be collateralized by the pledge of 24,750 shares of Rite Aid Corporation stock.
The stock certificates shall be held by the Bank for the term of the Loan. A minimum margin of
collateral in excess of the outstanding Loan balance and accrued interest (the collateral margin)
shall be maintained at a minimum of 130% at all times. Should the collateral margin 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 annual 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,
85tsan L. Davies
Vice President
ACKNOWLEDGED AND ACCEPTED THIS ~ DAY OF
,1998.
BORROWER:
MARK JAMES CRISPEN TRUST
By: /~.&~t~ ~. ~
Heath L. Allen, Co-Trustee
By~~ ~. ~~
/ Henry(/:. McKonly, Co-Td, fistee
EXHIBIT "B"
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 Crispen Trust
Dear Susan:
I am delivering to you with this letter the documentation
relative to Dauphin Deposit's $450,000 loan to the Co-Trustees of
the Mark J. Crispen Trust, including the revised Note and the
wiring instructions which involve the trust account of
Mr. Crispen's attorneys, Berrocal & Wilkins, P.A., Jupiter,
Florida. The documentation includes two stock certificates for
24,750 shares of Rite Aid Corporation, for which you will be
providing to the Co-Trustees a Collateral Receipt form.
On behalf of the Co-Trustees, I request you to activate this
loan Friday morning, October 30, by carrying out the wiring
instructions as early in the day as is convenient to you or one
of your associates.
By copy of this letter, I am alerting both Mr. Crispen and
Mr. Berrocal that the wired funds should be reaching Mr. Berro-
cal's firm's trust account Friday morning.
I would be remiss if I failed to express to you my appre-
ciation for the professional competence that you at all times
extended to Mr. McKonly and me. I am quite sure that the
Co-Trustees will pay interest promptly; however, for administra-
tive convenience, interest payments may be made directly by or
on behalf of Mr. Crispen. If I have not provided alternate
Susan L. Davies,
Page 2
October 27, 1998
Vice President
instructions to you well before the end of the month,
the December 1 interest bill to my attention.
Very truly yours,
please send
Heath L. Allen
Co-Trustee
HLA/kch
'Enclosures
cc: Henry F. McKonly, Jr., Co-Trustee
Mark J. crispen
Carlos J. Berrocal, Esquire
Amount
of
Transfer
Receiving
Bank
Information
U.S.$ 450,000.00
or
Type of Currency
Amount
or
U.S.$
Converted to:
Type of Currency
ABA Number
Bank Name
Bank Address
REQUEST FOR FUNDS TRANSFER
Palm Beach National Bank & Trust Co.
100t N. U.S. Highway One, Suite 100
7upi~er, ~T I~^77
Beneficiary Name Berroc'al & Wilkins, P.A.
Information Account Number
Please Note: A Name and Account Number are Required for International Transfers. For Domestic Transfers, if an Account Number is not
available, the Name and Title of an Officer of the receiving bank Must be provided:
Officer Name
Title
Special
Instructions
Tn ~h> =~e~n~n~ of w~i~i or FHie -Tuplt*r Ban~ing c~nter
Method
of
Payment
[] Cash [] Check Drawn on Bank
{Note to Branch: Cash and Checks Drawn on Us Must be Credited to the Wire Clearing Account)
n Charge Checking Account Account Number
[] Charge Savings Account Account Number
Name and
Address
Information
Name Mark $. Crigpen Tr,~t - M~,nrh T.. Allm'n A W~nry ~ HcMmnly. Tr
Address c/o Koofor Wo~H Allen & Rmh~], T.T.P, ?10 Wmln,r grro~,
P.O. Box 11963, Harr{~burg~ PA 171~R-1963
Home Phone ~ Busine~ Phone ~ 71 7-? ~ ~-~O~ I
It I$ understood end agreed that 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 A~count N umber as the proper dseig nation of the beneficiary a nd customer will be obtigated to pay the Bank
for the payment order, and will be responsible for dompensetlng the Bank for any lose and expense Incurred as a result of such
reliance on such number In executing or attempting to execute thie payment order. The Bank(s) will be under no duty to
independently determine whether the Name and Account Number above refer to the same person or entity.
The undersigned hereby requests that [] Dauphin Deposit Bank or ~Bank of Pennsylvania or {DFarmers Bank and Trust Company (the "Bank")
initiate the above transfer. The undersig ned acknowledges receipt of a copy of the "Terms and Conditions for the Wire Transfer of Funds" which
are incorporated herein by reference, and Customer agrees to be bound by said Terms and Conditions.
Customer Name.{Printed)~"~'~ ~"'"~ ~.3~ ~
CRIS
PEN
TRUST
Signature By//~,/].,, ~i~. F~ '~z~ Date
BANK USE ONLY
Phoned to
By
· ¢ttlte. Wire Transfer Dept.
Time Ref
Office Ext
Canary - Customer
SEE REVERSE FOR "TERMS AND CONDmONS FOR WIRE TRANSFER OF FUNDS"
Pink - Branch Office Copy
00-055-322
Terms and Conditions For Wire Transfer Of Funds
The following terms and conditions are applicable to Requests for Wire Transfer of Funds and are incorporated Dy reference therein.
t. EXECUTION
Bank witl use its best efforts to execute each propedy authorized funds
transfer instruction on the day of receipt if (al Bank rec eives fi~e instruction
and is able to authenticate it before Sank*s cutoff time, and '~bl :he day of
receipt is a funds transfer 0usiness day for Bank and the transmission
facility selected. Bank may change its cutoff time without prior notice to
Customer.
2. REJECTION OF FUNDS TRANSFER INSTRUCTIONS
Sank may at its sole discretion reject any funds transfer instruction which
(al exceeds the collected and available funds on deposit in Customer's
designated account{s); (b) is not authenticated to Bank's satisfaction or
which Bank believes may not be authorized by Customer;, {c) contains
incorrect, inconsistent, ambiguous, or missing information; (d) involves
funds which are sublect to a lien, security interesL claim, hold, dispute, or
legal process prohibiting withdrawal. Bank shall incur no liabiiify to Cus-
tomer 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 ACCOUNT BALANCES
In the event that there are insufficient available funds in Customer's
account, s) to cover Customer's obligations under this AgreemenL Bank
may at its sole discretion choose to complete funds transfers initiated by
Customer, and Custorrter agrees to immediately repay Sank the amount
of any overdraft created thereby plus any overdraft charges imposed in
connection therewith, without notice or demand to Customer.
4. AMENDMENTAND CANCELLATION ' r :
Customer shall have no right to cancel or amend a funds transfer instruc-
tion after its receipt by Sank. However, Sank 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 liabilify if cancellation or amendment is not
effected.
5. CONFIRMATION
Customer agrees to examine confirmations and monthly account state-
ments promptly upon receipt. Customer shall notify Sank immediately,
and in no event later than thirty (30) days after receipt of the confirmation
advice or account statament, whichever is earlier, of th e existence of any
errors, unauthorized transactions, or irregularities reflected on an advice
or account statemenL
6. FEES AND CHARGES
Customer agrees to gay Bank's fees and charges as in effect at the time of
the transfer. Bank reserves the right to chang~ 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 authodzafion 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 Sank's, or Bank's paying correspondent's or agent's or
sub-agent's, buying rate of exchange for United States Dollar transfers. 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 conve~ng the currency to
United States Dollars on the date of refund, less any charges and
expenses incurred by Sank. When remittance is made by Bank by telex,
telegraphic cable, wireless, foreign govern meat telegraphic service, tele-
phone or mail, Bank is acting as agent of Customer in transmitting the
same.
8, RELIANCE ON IDENTIFYING NUMBERS
If Customer's funds transfer Inetrucflon Identifies the beneficiary,
the bensflctary'e bank, or an Intermediary bank by name and an
account or other idantifylng number, Bank end eub~m:luant parties
to the funde transfer may act aolely on the heels of such number,
even if the name and number do not agree. Bank will be under no
duty to independently da ten'~lne whether the name and account or
other identifying number refer to the same pemon or entity.
9. DESIGNATION OF FUNDS TRANSFER SYSTEM AND/OR INTER.
MEDIARY BANK
tn 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 Inlerbank 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 Sank deems reasonable under the circumstances. Customer
agrees to be bound Dy the rules of the funds transfer payment system
10. LIMITATIONS OF LIABILITY
Except as otherwise required by the Pennsylvania Uniform Commercial
Code, Bank shall not be responsible for any loss or liability arising from (a)
a~y inac6uracy, act or failure to act on,he part of any person not within
Sank's reasonable control, including, but not limited to,the failure of other
financial institutions to provide accurate or timely information to Bank or
Customer; {b} the failure of other financial institutions to accept payment
orders; (c) 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 Ban k by Customer, or (e} fr om any error, failure or
delay in execution ct 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 Sank has complied with this Agreement.
Customer agrees to indemnify and hold Bank and ~ts 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 Sank 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,
without [i'mitation, 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
fiabie for any loss, expense, failure to perform or delay caused by acci-
dents, strikes, tire, flood, war, riot. electrical or mac hanical or communica-
tion line failures, acts of third parses (including without limitation any
messenger, telephone or delivery service), acts of GOd, or any other
cause or causes which are beyond Sank'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 AgreemenL
B. Choice of Law. This Agreement shall be governed by and construed
in accordance with the laws of the Commonwealth of Pennsylvania~
C. Cooperation. Customer acknowledges that Sank may have certain
legal recordkeeping and. reporting requirements with respect lo the
services provided under' this Agreement. Customer consents to
San k's disc ost~re to gdvenn mien authorities of i~for'mstion concermng
transactions hereunder which Sank believes to be aporobriate or
necessary to fuffill such legal requirements. Customer agrees to
cooperate fully with Bank Io enable Bank to fulfill such requirements
as may exist from time to time.
VERIFICATION
Subject to the penalties of 18 Pa.C.S.A. § 4904, relating to unswom falsification to
authorities, I declare that I am a co-trustee of the Mark 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.
HEATH L. ALLEN, Co-Trustee
9
ALLFIRST BANK,
successor-in-interest to
Dauphin Deposit and T~ust Company,
Plaintiff,
THE MARK J. CRISPEN T~UST,
Defendant:.
Court of Cor~raon Pleas
of Cuafoerland County
Civil Action Law
No. 01-1316 Civil
STZ~ULI%TZON FOR EXTENSION OF TIME
TO R~_~I~)ND TO RULE TO SHOW CAUSE
Allfirst Ban,;, successor-in-interest to Daughin Deposit
and Trust Company, by ~nd through its undersigned counsel, and The
Mark J. Crispen Trust by and through its undersigned counsel,
hereby stipulate and llgree that the time for Allfirst Bank to
answer the Rule to Sho~ Cause issued by the Court of Common Pleas
of Cumberland County, w'~ich answer is due on October 2, 2001, shall
be extended to and including October 16, 2001.
The parties Save agreed to this Stipulation in order to
attempt to resolve this matter.
Michael D. Nord
Pennsylvania Bar no. 52,~86
Gebhardt & Smith LLP
The World Trade Center
401 ~. Pratt Street, 9t.~ Floor
Baltimore, Maryland 212')2
(410) 385-5072
Counsel for Allfirst
Dated: October __;, 200]
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
L~'8-~ EOO/EOO'~ Lt'~-I 81[9-98~'-0Lk
HJ. lflS ~NV
ALLFIRST BANK,
successor-in-interest to
Dauphin Deposit and Trust Company,
Plaintiff,
THE MARK J. CRISPEN TRUST,
Defendant.
Court of Con%mon Pleas
of Cumberland County
Civil Action Law
No. 01-1316 Civil
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 Cor0raon Pleas
of Cumberland County, which answer is due on October 16, 2001,
shall be extended to and including Noveraber 9, 2001.
The parties have agreed to this Stipulation in order to
attempt to resolve this matter.
Pennsylvania Bar no. 52486
Gebhardt & Smith LLP
The World Trade Center
401E. Pratt Street, 9th Floor
Baltimore, Maryland 21202
(410) 385-5072
Counsel for Allfirst Bank
Dated: October IS~ 2001
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
d'YI H,.LIYIS T' .L~;dVH6~g-ma~-~
ALLFIRST BANK,
successor-in-interest to
Dauphin Deposit and Trust Company,
THE MARK J.
Plaintiff,
CRISPEN TRUST,
Defendant.
Court of Common Pleas
of Cumberland County
Civil Action Law
No. 01-1316 Civil
STIPULATION FOR EXTENSION OF TIME
TO RESPOND TO RULE TO SHOW CAUSE
Allfirst Bank, successor-in-interest to Dauphin
and Trust Company, by and through its undersigned counsel,
Mark J. Crispen Trust, by and through its undersigned
hereby stipulate and agree that the time for Allfirst
answer the Rule to Show Cause issued by the Court of Common
of Cumberland County, which answer is due on November 9,
shall be
extended to and including November 30, 2001.
The parties
Deposit
and The
counsel,
Bank to
Pleas
2001,
have agreed to this Stipulation in order to
attempt to resolve this matter.
Michael D. N
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: Novert~er ~_, 2001
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
ALLFIRST BANK,
successor-in-interest to
Dauphin Deposit and Trust Company,
Plaintiff,
Vo
THE MARK J. CRISPEN TRUST,
Defendant.
Court of Common Pleas
of Cumberland County
Civil Action Law
No. 01-1316 Civil
Mark J. Crispen
hereby stipulate
STIPULATION FOR EXTENSION OF TIME
TO P~ESPOND TO RULE TO SHOW CAUSE
Allfirst Bank, successor-in-interest to Dauphin Deposit
and Trust Company, by and through its undersigned counsel, and The
Trust, by and through its undersigned counsel,
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
shall be extended to and including January 21,
attempt
December 31, 2001,
2002.
The parties have agreed to this Stipulation in order to
to resolve this matter.
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: December 30, 2001
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
H:\docs\Allen, Heath\Crispin TrustkPleadingskstip for extension.%rpd
ALLFIRST BANK,
successor-in-interest to
Dauphin Deposit and Trust Company,
Plaintiff,
THE MARK J. CRISPEN TRUST,
Defendant.
Court of Common Pleas
of Cumberland County
Civil Action Law
No. 01-1316 Civil
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
shall
on January 21, 2002,
be extended to and including March 15, 2002.
The parties have agreed to this Stipulation in order to
attempt to resolve this matter.
Michael D. Nord
Pennsylvania Bar no. S2486
Gebhardt & Smith LLP
The World Trade Center
401 E. Pratt Street, 9~h Floor
Baltimore, Maryland 21202
(410) 385-5072
Counsel for Allfirst Bank
Dated:
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: ~ ]~; . ~
H:kdocs~Allen, Heath\Crispin Trust\Pleadings\stip for extension.wpd
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
THE MARK J. CRISPEN TRUST
Defendant
PRAECIPE TO DISMISS COMPLAINT FOR
CONFESSION OF JUDGMENT FOR MONEY
To: The Prothonotary of Cumberland County:
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 respectfully request that the Complaint for Confession of
Judgment for Money initiated in the above-captioned case be marked as DISMISSED
WITHOUT PREJUDICE.
Michael D. Nord, Esq.
I.D. 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
Dated: '7 1 ~,~ I o 2.
Markian R. Slobodian, Esq.
I.D. 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: 7[~. ~[o ~--
CERTIFICATE OF SERVICE
I, 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
Baltimore, MD 21202
/'~ -O.-~
MARKIAN R. SLOBODIAN, ESQ.
Dated:
PYS510 Page 1
2001-01316
Cumberland County Prothonotary's Office
Civil Case Inquiry
ALLFIRST BANK (rs) CRISPEN MARK J TRUST THE
Reference No..:
Case Type ..... : CONFESSION OF JUDGMENT
Ju~gmen% ..... ~ 529044.22
Juage Assigne~:
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
o/0o/0oo0
PLAINITFF
DEFENDANT
Attorney Info
SCHUSTER ERIC S
NORD MICHAEL D
General Index
ALLFIRST BANK ETC
213 MARKET ST
HARRISBURG PA 17105
CRISPEN MARK J TRUST THE
C/O KEEFER WOOD ALLEN & P3L~AL
210 WALNUT ST
HARRISBURG PA 17105
Judgment Index Amount Date Desc
CRISPEN MARK J TRUST THE 529,044.22 3/08/2001 CONFESSION OF JUDG
* Date Entries *
............. FIRST ENTRY
3/08/2001. CONFESSION OF JUDGMENT AND COMPLAINT ENTERED
3/08/200~ NOTICE MAILED TO DEFENDANT
3/08/2001 AFFIDAVIT OF BUSINESS TRANSACTION
3/08/2001 CERTIFICATE OF RESIDENCE
3/26/2001 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
SLOBODIAN ESQ FOR DEFT
.............. LAST ENTRY
* Escrow Information *
* Fees & Debits Beq Bal Pymts/Adj End Bal *
********************************************************************************
JDMT/CONFESSION 9.00 9.00 .00
TAX ON CONFESS .50 .50 .00
SATISFACTION 5.00 5.00 .00
14.50 14.50 .00
* End of Case Information *