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Home My WebLink About94-01779 GREG S. HALL, I IN THB COURT OF COMMON PLEAS Plaintiff . . I CUMBERLAND COUNTY, PENNSYLVANIA VS. I I CIVIL ACTION - LAW EASTERN SAVINGS BANK, I 14- 1779 (!~L Ju. Defendant . NO. .YI'-' . NOTICE YOU HAVE BEEN SUBD IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (201 days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYBR AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONB, GGOT TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY COURTHOUSE COURT ADMINISTRATOR 1 COURTHOUSE SQUARE CARLISLE, PA l70l3 (717) 240- DATE I 4/'ir/9f. R BARD E. FREEBURN SQ. WILT, MAGDULE & FREEBURN I.D.#: 30965 600 NORTH SECOND STREET HARRISBURG, PA l7l0l-l062 (717) 233-6200 Attorney for Plaintiff . GREG S. HALL, : IN THE COURT OF COMMON PLEAS plaintiff . . : CUMBERLAND COUNTY, PENNSYLVANIA VB. . . : CIVIL ACTION - LAW EASTERN SAVINGS BANK, Defendant . . : NO. NOTICE Le han demand ado a usted en 1a corle. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y la notification. Usted debe presentar ua apariencia esrita 0 en persona 0 por abogado y archivar en la corte en forma escrita SUB defensas 0 SUB objeciones alas demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede entrar una orden contra usted sin previo aviso 0 notificacion y por cualquier queja 0 alivio que es pedido en la peticion de demanda. Usted puede perder dinero 0 sus propiedades 0 otros derechos importantes para usted. LLBVB ESTA DEMANDA A UN ABODAGO INMEDIATAMEHTE. SI NO TIENE ABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERV!CIO, VAYA EN PERSONA OR LLAME POR TBLEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBBRLAND COUNTY COURTHOUSE COURT ADMINISTRATOR 1 COURTHOUSE SQUARE CARLISLE, PA l70l3 (717) 240- 200 DATE: 4/f?'/91 RI BAR . F EBURN, ESQ. WILT, MAGDULE & FREEBURN I.D.#: 39065 600 NORTH SECOND STREET HARRISBURG, PA 1710l-1062 (717) 233-6200 Attorney for Plaintiff ,. '.~'ho,"_, :\"rlr/!.~-~'-'~: GREG S. BALL, Plaintiff I IN THE COURT OF COMMON PLEAS . . vs. I CUMBERLAND COUNTY, PENNSYLVANIA I : CIVIL ACTION - LAW EASTERN SAVINGS BANK, Defendant I I NO. COMPLAINT AND NOW, COMES PLAINTIFF, GREGG BALL, BY HIS ATTORNEYS, WILT, MAGDULE & FREEBURN, AND FILES THE FOLLOWING COMPLAINT: 1. Plaintiff, Gregg Hall, at 126 South West Street, Pennsylvania. 2. Defendant, Eastern Savings Bank (ESB I, is a federal savings bank with offices at Executive Plaza 2, 11350 McCormick Road, Suite 200, Hunt Valley, Maryland 2103l. is an adult individual who resides Carlisle, Cumberland County, 3. At all times relevant hereto, ESB was acting through its authorized employees, agents and representatives. 4. At all times relevant hereto, Gregg Hall was employed by ESB as a loan originator in the central Pennsylvania area, including Cumberland County. During his employment with ESB, Mr. Hall worked principally out of an office in his home in Carlisle, Cumberland County, Pennsylvania. 5. Pursuant to the terms of his employment, ESB was required to pay to Mr. Hall a commission for each loan he originated in an amount equal to One Half of One (.05%1 Percent of the principal amount of the loan at the time of the loan closing, plus a commission overage equal to lOOt of the interest rate and points over and above the Bank's published rates and points as of the day that the loan is locked in with the Bank multiplied by the principal amount of the loan at the time of the loan closing. 6. Pursuant to his employment with ESB, Mr. Hall originated the following loans and earned the following commissions: , , i " 'i,,';'<'~~;,,~~{y: 'L:"'~N .. . ':~H)"'P , ", .!II" ':I<';""'""",~"",-' ......_ ., MORTGAGBB I&AH AMOUNT COMMISSION KOLB/IMLER $ 80,500.00 $ 402.50 SHBRMAN 109,l55.00 545.78 FREBLBN 276,000.00 1380.00 SCHLEIG 66,000.00 416.25 HARTLAUB 51,900.00 389.25 VIGNA 87,000.00 435.00 BRACE 135,700.00 678.50 KING 52,750.00 263.75 BLOYER 84,550.00 422.75 KEYS 88,800.00 444.00 BELL 68,300.00 341.50 MCCLEARY 72,500.00 362.50 JONES 61,750.00 308.75 WEST 85,600.00 428.00 SMITH 85,000.00 425.00 CIMINO 165,000.00 825.00 MARTIN 60,000.00 450.00 MAHONEY 300,000.00 l500.00 TOTAL: $1,930,505.00 $10018.53 7. EBB has paid to Mr. Hall the following amounts toward the above referenced commissions and expense reimbursements due: 1993 salary exceeding commissions at the end of October $ 646.50 Salary in November 1993 1250.00 Payments for commissions in December 1993, January 1994, and February 1994 2299.08 TOTAL: $4195.58 Balance due and payable to Mr. Hall for unpaid commissions $5822.95 8. Despite repeated demands, EBB has failed to pay to Mr. Hall the commissions due to him. - 2 - "":"'i:,.",:~~~':Wf;j:':.:,;'t.:f..-'.;,.,<,.".' , p:-'''':'' ':lfl"..~""..' .-" ,.:",,,...;:.:; oUtr:,...._~_ rDt'...,{' " 9. Mr. Hall has satisfied any and all conditions prscedent to payment of his commissions and expense reimbursement. WHEREFORE, Plaintiff, Gregg Hall, demands judgment in his favor and against Defendant, Eastern Savings Bank, in the Sum of $5822.95, together with interest, costs of suit and attorney fees. Respectfully Submitted, ~L.~a Richard E. Freeburn, Esquire WILT, MAGDULE & FREEBURN I.D. II: 30965 600 North Second Street Harrisburg, PA 17101 717-233-6200 DATE: "1/7J,h1 Attorney for Plaintiff - 3 - "'~"~' ~'~t.'\-'"",., _,_~__.,~,_..,..~ .~- "a VERIFICATION I hereby verify that the statements in the foregoing COMPLAINT are true and correct" I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. 54904, relating to unsworn falsification to authorities. GRE ~ . .J ., .;. - U,.,J ........ "::2'" en . >-,.. ~... ..."" wn:':'t'" ~zC;'% .....0(.)<. b.'XO:'- ,.,~~..J ..';.,.~>- "~; ',-: ;;~~ .' qlHI;;c. r;U'I'U j.. :t'o... =' ::;<> ::c -"" en .-f CO co a: .... - (.~ ~ __ .::l\ ~ .... ~I ,to. ~-.. '0 \ ~ . ~~ ~~ ..., ..:...-. ----:J -~ ~ ~ ~ .....s. ~ ~ ~ '\i~ ~ .... ~ r.....',.,"""'~,,-.."!'. -:":",-,,,,,'~q,,,,,,~'~',, ... '~,' " \" -..'. - ...... . . ~ .;.-.. . SENDER: Complete Iteml 1 Ind 2 when addltlanl' ,,,vice. .r. dlllred. Ind campletl Itaml 3 Ind 4. Put ~ur Iddr,.. In tho "RETURN TO" SpacI on lhe ,eve,1I lido. Failure 10 do thlSlo wl11 prevanl thl. card f,am b,lng ratumld to you. h urn I 111 r Id au h ".m f h r on II r d n the dl.1 of delivery. For ad .1 ana all lea ow ng lerVlces all .va. III I, onsu I pOllm..ler or 81' anacneci 60..1111 for addillanall8rvlce(ll requlltett. . 1. [J Show to whom dallv,red, dat.. and .ddr....... addra". 2. [J Rllulcted Delivery '. (urrrJ dra",) {urra eh"",) ,_ E;;t;;~r.Is;,'~,,;~ ;1Q"k. 4}rt~.7"ib~(() , , AA I. II 21 U Sl.(.r4en !yp. of S.rvlc.: AfI",. "'''c.I1M~/' "\ (J . U R.glstll.d Oln.ured &lo' C -11 ile r /4 u.... ~ l& C.nlll.d 0 COD ~ Lt /1_ . L /J . S/-& . 0 bprell M.i1 0 R"um R.c.1 ,., if1 '&.gYM 1t;J"- ~. ,. ;A..(I7) for Mllch.n . 13 '(). l I J .AA '),. /\" Alw.y. obl.ln "gn.iure of .dd'..... flaIl, "IV d)./{)sl oreg.ntendDA .DELIVERED. 6.- Slgn.,ur. - A dr..... A 8. Add.. ._'~.Md'll. ONLY If X <fA ~ rtqu .",: . ~r ^ 6.~lgnll ./ .'," Z; /~/? ~ X l~ 0 "'.( :::: 7.0ItloI0.lIV.,v/" II' II' II" /'1' II'/!/ '1'/' j ~1..:~ " .'" I I III I I I I I I I I! t. "',rPS ~ ' PS Form 3811.-Apr. 1989 DO IC RETURN RECEut ..""... -~-~. '.' ,," ..~.'.... s>, ~;~ - .;.:> '~"'J ,.:) ., ':r- sr> :::e oq C) ':;) ~' co - IE oq ...... "'... ;:!'" 41(~ :::J'" ~:eO.-- '-.;;It.)~ :~~Q;. .', :1':;1 '<',;~V'J L 1l,:;Je .',.,Ul;': .......o;fULIJ ....~Q.. ...'" QU adt!J!i..,re Executive Plaza 2, Suite 200 11350 McCormick Road Hunt Valley, MD 21031 . . IN TIlE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION-LAW GREGG S. HALL, Plalntlrr '5. . . EASTERN SAVINGS BANK, Defendant : NO. 94-1779 CIVIL TERM NOTICE TO PLEAD TO: PLAINTIFF GREGG S. HALL You are hereby notified to file a written response to the attached New Matter within twenty (20) days of service hereof or a judgment may be entered against you. ~~~ ohn B. Consevag . Esquire Buchanan Ingersoll, P.C. 30 North Third Street Harrisburg, PA 17101-2023 :>!I<< GREGG S. HALL, . IN TilE COURT OF COMMON PLEAS . Plaintiff . CUMBERLAND COUNTY, PENNSYLVANIA . . . V5. . CIVIL ACTION-LAW . . . EASTERN SAVINGS BANK, . NO. 94-1779 CIVIL TERM . Defendant . . DEFENDANT'S ANSWER AND NEW MATTER Now comes Defendant, Eastern Savings Bank ("ESB"), by its attorneys, Richard C. Zeskind, Esquire (in house Maryland counsel) and Buchanan Ingersoll, P.C. (Pennsylvania counsel), and in answer to the Complaint, says: I. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. S. Admitted in part and denied in part. Admitted, with the qualification that no commission was to be paid on any loan which settled more than 30 days after Plaintifrs termination, and Plaintifrs commissions would be reduced by the amount of any loss sustained by ESB if said loss resulted from Plaintifrs negligence. 6. Denied, ESB denies that commissions were earned on the Bell, McCleary and West loans. These loans settled on 12/14/93, 12/10/93 and 12/16/93, respectively. Each of these loans settled more that 30 days after Plaintiff resigned from ESB on 11/9/93. It is ESB's policy to pay loan officers commissions only on loans which settle within 30 days of the loan officer's termination. This policy was explained to the Plaintiff prior to and at the time of his resignation, and was understood and agreed to by the Plaintiff. ESB further denies that commissions are owed to Plaintiff on the Cimino, Martin and Mahoney loans because none of these loans were closed. When the commission schedule is corrected by deleting commissions for the six loans referenced above, the total commissions claimed by Plaintiff is reduced from $10,018.53 10 $6,111.53. In addition, regarding the Smith loan, the Plaintiff failed to follow repeated instructions from his superior to advise the borrower or the borrower's agent that the interest rate would have to be increased. As a result, ESB was compelled to honor the lower interest rate, and incurred a loss of $1,687.50 upon resale of the loan. This loss was solely attributable to Plaintiff's negligence. In accordance with ESB policy, as understood and agreed to by Plaintiff, Plaintiff's commissions were reduced by $1,687.50. When this amount is deducted from $6,111.53, the total commissions claimed by Plaintiff are reduced to $4,424.03. 7. Admitted in part and denied in part. ESB admits that $4,195.58 has been paid to the Plaintiff. In addition, on May 10, 1994, ESB remitted a check payable to Plaintiff in the amount of $287.67, which check was mailed to Plaintiff's counsel. The gross payment was $311.50 and represents a commission paid on the King loan, which settled on November 30, 1993. ESB has now paid Plaintiff a total of $4,507.08, which more than satisfies Plaintiff's reduced claim of $4,424.03, as calculated in paragraph number 6 above. "', ".~ I,~""",.,>.>,, ~,!'y~~,:'>"; ",,' :.\\!:J~;i.~", ';".;,. 8. Denied. No amounts are due and owing to Plaintiff for the reasons stated herein. 9. Denied. The averments contained in Paragraph 9 of the Complaint constitute conclusions of law to which no responsive averments are required. NEW MATTER 10. Plaintiff fails to state a claim as a mailer of law. 11. ESB incorporates by reference the answers set forth in paragraphs 6 and 7 above as if said answers were set forth verbatim in this section as new matter. 12. Full payment of all sums rightfully due to Plaintiff has been made. 13. Regarding the Smith loan, Plaintiff failed to perform the most basic tasks of his job by failing to follow his supervisor's instructions, and failing to advise a loan applicant of an increase in interest rates. Plaintifrs conduct was in violation of the terms of his employment, negligent and caused ESB to incur a substantial loss in the amount of $1,687.50. . ,',. - WHEREFORE, Defendant, Eastern Savings Bank prays that judgment be entered in its favor and against Plantiff, and that Defendent be awarded its costs. .~~M RIchard C. Zeskind, Esquire Executive Plaza 2, Suite 200 11350 McCormick Road Hunt Vailey, MD 21031 (410) 785-2225 JOh~!~ Buchanan Ingersoll, P.C. 30 North Third Street Harrisburg, PA 17101-2023 Pa. 1.0. #36593 (717) 237-4854 Attorneys for Defendant t!':-".-~,...:, '-.-;':"'<~"."~ VERIFICATION I hereby verify that the statements in the foregoing ANSWER TO COMPLAINT are true and correct. I understand that false statements herein are made subject to the penalties of 18 Fa. C.S. Section 4904, relating to unsworn falsification to authorities. ::z~ Assistant Vice President Eastern Savings Bank, fsb RC7J1llCj c:\r...\IlIlI.... IllCj 't'#:~j:;' ' ,~ {#" Richard C. Zeskind CERTIFICATE OF SERVICE I, Richard C. Zeskind do hereby certify that on May 11, 1994, I served copies of the foregoing Defendent's Answer and New Matter by depositing said copies in the first-class mall addressed to: Richard E. Freeburn, Esquire Wilt, Magdule & Freeburn 600 North Second Street Harrisburg, PA 17101 :c: "- en N :::.! "-J >- ~ .",. en - ,. ," ~ :~i. ~; - .. .,..! \41 \:~~. ~~ ."rl': , .t- , ~; ~~ ; I; If n , , i i ! i I~ t '~ GREG S. HALL , : IN THE COURT OF COMMON PLEAS Plaintiff . . I CUMBERLAND COUNTY, PENNSYLVANIA vs. . . . CIVIL ACTION - LAW . EASTERN SAVINGS BANK, . . Defendant . NO. 94-1779 CIVIL TERM . REPLY TO NEW MATTER 1. This paragraph contains no averments of fact, only conclusions of law to which no response is required. To the extent that the Court determines that this paragraph contains any averments of fact, the same are hereby specifically denied. 11. Plaintiff hereby incorporates by reference thereto the allegations contained in paragraphs 6 and 7 of his Complaint. By way of further reply, after reasonable investigation, Plaintiff is without knowledge or information sufficient to form a belief as to the averment that the Bell, McCleary and West Loans settled on 12/14/93, 12/10/93, and 12/16/93, respectively. thereof is demanded at the time of trial. Strict proof After reasonable investigation, Plaintiff is also without knowledge or information sufficient to form a belief as the averment that it is ESB's policy to pay loan officers commissions only on loans which settle within thirty (30) days of the loan officer's termination. Strict proof thereof is demanded at the time of trial. Plaintiff specifically denies that any such policy was explained to him prior to and/or at the time of his resignation, and/or that it was understood and agreed to by him. After reasonable investigation, Plaintiff is without knowledge or information sufficient to form a belief as to the averment that the Cimino loan did not close. Strict proof thereof is demanded at the time of trial. Plaintiff specifically denies that the Martin and Mahoney loans did not close. To the contrary, said loans did close. Any implication that the total commissions claimed by Plaintiff is or should be reduced to $6,111. 53 is specifically denied. Plaintiff denies that he failed to follow instructions from his superior to advise Smith or Smith's agent that the interest rate would have to be increased, and/or that said instructions, the existence of which being specifically denied, were repeated. The allegation that ESB was compelled to honor the lower interest rate and incurred a loss of $1,687.50 due to Plaintiff's failure to advise the borrower or the borrower's agent that the interest rate would have to be increased constitutes a conclusion of law to which no response is required. To the extent that the Court determines the said allegation constitutes an averment of fact, the same is hereby specifically denied. In addition, the allegation that any loss by ESB is attributable to Plaintiff's negligence, the existence of any such negligence being specifically denied, constitutes a conclusion of law to which no response is required. To the extent that the Court determines the said allegation constitutes an averment of fact, the same is hereby specifically denied. After reasonable investigation, Plaintiff is without knowledge or information as to the truth of the averment that it was ESB's - 2 - policy to reduce Plaintiff's commission by $1,687.50, and strict proof thereof is demanded at the time of trial. Plaintiff specifically denies that he understood and agreed to any such policy. Plaintiff specifically denies that the amount of $1,687.50 should be deducted from the amount of his claim. Plaintiff specifically denies that ESB has satisfied Plaintiff's claim. 12. Plaintiff specifically denies that full payment of all sums rightly due to him has been made by ESB. 13. Plaintiff incorporates herein by reference thereto his reply to paragraph 11. Plaintiff specifically denies that he failed to follow his supervisor's instructions. The allegation that his conduct was in violation of the terms of his employment, negligent and caused ESB to incur a loss in the amount of $1,687.50 constitutes a conclusion of law to which no response is required. To the extent that the court determines that said allegations constitute averments of fact, the same are specifically denied. - 3 - WHEREFORE, Plaintiff demands that Defendant's New Matter be dismissed and that judgment be entered in favor of Plaintiff and against Defendant as set forth in Plaintiff's Complaint. Respectfully Submitted, WILT, MAGDULE & FREEBURN BY: DATE: ~/7t';?1 IC D E. FREE I.D.II: 30965 600 NORTH SECOND STREET HARRISBURG, PA 17108 (717) 233-6200 ATTORNEYS FOR PLAINTIFF - 4 - VERIFICATION I hereby veritY that the statement in the foregoing PLEADING are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa, C.S. Section 4904, relating to unsworn falsification to authorities, "! GREG S. HALL, : IN THE COURT OF COMMON PLEAS Plaintiff : . . CUMBERLAND COUNTY, PENNSYLVANIA vs. : : CIVIL ACTION - LAW EASTERN SAVINGS BANK, Defendant : NO. 94-1779 CIVIL TERM CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing REPLY TO HB1f MATTER has been duly served on the following by depositing the same on 26th day of May, 1994 by United States Mail, postage prepaid, from Harrisburg, Pennsylvania to the following: John B. Consevage, Esquire BUCHANAN INGERSOLL, P.C. 30 North Third Street Harrisburg, PA 17101-2023 ~~k~;,('ge WILT, MAGDULE & FREEBURN I.D..: 30965 600 North Second Street Harrisburg, PA 17101 717-233-6200 Attorney for Plaintiff "a;;:'~ , , j . f F i' . I. i, ~ ".......'-~ ."... en - r-- '" - ... = >->- "'.- <';:: UJ~. '.,-! ,._..gc.-.:# i:: ClU:_~ ;,::'~B;~.: .., , -:' ~~ ;I~;"'-: ,,' III ," ~" ~ r',' .1:.~- ~.) C;Q :c e>- m '=' N