Free Affidavit - District Court of Delaware - Delaware

Case 1 :07-cv-00273-JJF Document 14 Filed 10/O9/2007 Page 1 of 4
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
Pamela Carvel, as Citizen, as Delaware Ancillary Case No, O7~CV-00273-***
Administrator for Agnes Carvel Estate, as Member
for Thomas and Agnes Carvei Foundation,
Plaintiffs,
William Griflin, Marie Abplanalp, Salvatore
Molella, Robert Davis and Iohnflane Doe l~2O Doe
Corp,. i—20,
Defendants,
AFFIDAVIT OF WILLIAM E. GRIFFIN
STATE OF NEW YORK )
COUNTY OF WESTCHESTER l iss
William E. Griffin, being duly sworn, deposes and says:
1. I am tire President, a Member and a Director of The Thomas and Agnes Carvei
Foundation (the "Foundation"), I submit this affidavit in support of my motion to dismiss the
Amended Complaint for Continuing Conspiracy to Violate Constitutional Rights & Commit
Frauds and Demand for Jury Trial (the "Amended Complaint") filed by Plaintiff Pamela Carvel
(“Ms. Carvel” or “Plaintiff”) on or about September 17, 2007.
2. I became a Member and Director of the Foundation in l992.
3. The Foundation is a not—for—profit corporation organized pursuant to New York’s
Not—for—Profit Corporation Law and recognized as exempt from federai income tax as a private
foundation tmder the Internal Revenue Coder The Foundation primarily provides grants to
charitable organizations providing health and education services for children and adolescents in
RLFI-32] :122-r

Case 1:07-cv-00273-JJF Document 14 Filed 10/O9/2007 Page 2 of 4
Westchester County, New York. The Foundations ofiices are located at 35 East Grassy Sprain
Road, Yonkers, New York.
4. I live and work in Westchester County, New York. I am an attorney and am
President of the law firm Griftin, Coogan & Veneruso PC, whiclr has its offices in Bronxville,
New York. I am also Chairman of Hudson Valley Bank ("I—IVB"), a New York chartered bank
tlrat is a wlrolly—owned subsidiary of Hudson Valley Holding Corp., a New York corporation
headquartered in the State of New York.
5. I received a copy of Ms. Carvel’s summons and original Complaint, tiled May 21,
2007, by mail, together with a Notice of`Lawsuit and Request for Waiver of Service of Summons
dated May 28, 2007. I did not receive personal service of the Complaint, nor, to the best of my
knowledge, was a copy of the Complaint served upon a person of suitable age at my business,
dwelling, or usual place of abode. I did not execute tlie Waiver of Service of Summons or
otherwise agree to waive service of the Complaint.
6. On September 13, 2007, Ms Carvel sent to me, by certiiied mail, a copy of iter
Amended Complaint, together with a summons.
7. I did not receive personal service of the Amended Complaint or the summons,
nor, to the best of 1Tly knowledge, was a copy ofthe Amended Complaint or summons served
upon a person of suitable age and discretion at my business, dwelling, or usual place ofabode.
8. l did not, and do not, agree to waive the defects in service ofthe Amended
Complaint-
9. I am advised by counsel that in September l995, Pamela and Agnes Carvel
brought a proceeding in the Delaware Chancery Court in which they claimed that Agnes Carvel
owned 100% ofthe common stock of a Delaware corporation named Andreas Holdings Corp.
(the “Andreas Proceeding") and that Lawrence Fay submitted an affidavit in that proceeding. I
2

Case 1:07-cv-00273-JJF Document 14 Filed 10/O9/2007 Page 3 of 4
was not and ain not a party to the Andreas Proceeding. I never appeared in Delaware in
connection with the Andreas Proceeding. Mr. Fay was outside General Counsel to the
Foundation in the 1994-1995 period. i understand that he also represented Robert Davis at the
time in Mr. Davis’s capacity as an Executor of Thomas Caiyel’s Estate. (Mr. Davis was also a
Member, Officer and Director of the Foundation at the time.) I have no recollection of knowing
that Mr. Fay tiled an affidavit in that proceeding.
I0. On August 27, 2007 the Foundation commenced a proceeding in the Delaware
Chancery Court seeking an order removing Ms. Carvel as Delaware ancillary administrator of
the Estate of Agnes Carvel (the "Delaware Removal Proceeding”). I verified the Foundations
Petition submitted in the Delaware Removal Proceeding. l am not a party to the Delaware
Removal Proceeding. l have not traveled to Delaware in connection with the Delaware Removal
Proceeding.
I In I do not regularly do or solicit business, or engage in any other persistent course
of conduct in Delaware. I do not derive substantial revenue from services, or things used or
consumed in Delaware.
l2. I do not have an interest in, use, or possess real property in Delaware
I3. The Foundation does not regularly do or solicit business, or engage in any other
persistent course of conduct in Delaware. The Foundation does not derive substantial revenue
from services, or things used or consumed in Delaware.
I4. The Foundation does not have an interest in, use, or possess r 1 property in
Delaware. A
Sworn to before me this é
Q] day of October, 2007 illiam E. Griffin
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Case 1:07-cv-00273-JJF Document 14 Filed 10/O9/2007 Page 4 of 4
CERTIFICATE OF SERVICE
I hereby certify that on October 9, 2007, a copy of the foregoing was electronically filed
and was also caused to be served on the following as indicated:
VIA FEDERAL EXPRESS
Pamela Carvel
28 Old Brompton Road, Suite 15 8
London SW7 BSS
England
United Kingdom
5%::son All,. Tweedie (#4927)
tweedie@rl£com
RL.Fl-3210865-I