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HomeMy WebLinkAbout02-5119 F:\FlLES\DATAFILE\Gendoc_cur\7619c2J_com_l/drglcny Created: 09/0J/0201:23:44PM Revised: IO/22/0209:38:15AM 7619,23 DICKINSON COLLEGE, Plaintiff v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO, OJ. - 5Wl c,v7 ( CIVIL ACTION-LAW EDWARD J. McDEVITT, JR. & JOHN H. McDEVITT, Defendants JURY TRIAL OF TWELVE DEMANDED NOTICE You have been sued in court, If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) 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 Plaintiffs, You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LA WYER 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 A venue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 , By , " 1 . allowa I.D, No, 87326 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff Date: /0 ):;p.jo?r.., DICKINSON COLLEGE, Plaintiff v, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO, (JJ.. ~5/lq CIVIL ACTION-LAW EDWARD J. McDEVITT, JR. & JOHN H. McDEVITT, Defendants JURY TRIAL OF TWELVE DEMANDED COMPLAINT AND NOW, comes Plaintiff, Dickinson College, by and through its attorneys, Martson Deardorff Williams & Otto, and hereby avers as follows: I. Plaintiff is Dickinson College, a Pennsylvania educational institution and nonprofit corporation with its principle place of business at West Street, Post Office Box 1773, Carlisle, Cumberland County, Pennsylvania 17013, 2, Defendant Edward J, McDevitt, Jr. is an adult individual with a last known residence at 2979 West Schoolhouse Lane, Apt. l104K, Philadelphia, PA 19144-5307, 3. Defendant John H. McDevitt is an adult individual with a last known residence at 21 West Sunset Avenue, Philadelphia, P A 19118. 4. On or about December 29, 2000, Defendants entered into a Judgment Note with Defendants, (hereinafter the "Note"), for the repayment for educational services and benefits Defendant John H. McDevitt received at Plaintiffs institution, A copy of the Judgment Note is attached as Exhibit "A," 5, The Note required Defendants to pay $12,446.45, plus interest at the rate of8,75% per annum, beginning February 1, 2001. 6. The Note requires Defendants to pay all Plaintiff s attorneys' fees and costs associated with this collection action, 7, Although Defendants made several payments, the last payment Plaintiff received was August 31, 2001. 8, As of September 23, 2002, the outstanding balance due and payable by Defendants to Plaintiff is $17,808,25 with interest accruing at 8,75% per annum and costs and attorneys' fees accruing thereafter. COUNT I BREACH OF CONTRACT 9, Plaintiff hereby incorporates by reference the averments contained in Paragraphs I through 8 of this Complaint. 10, Plaintiff has fulfilled, performed and complied with all obligations and conditions of the Note, II, Defendants have breached the expressed and implied obligations, conditions and terms of the Note to pay the amounts therein, WHEREFORE, Plaintiff demands judgment against Defendants in the amount of$17 ,808.25 with interest accruing at 8,75% per annum with costs and attorneys' fees accruing thereafter. COUNT II OUANTUM MERUIT 12. Plaintiff hereby incorporates by reference the averments contained in Paragraphs I through II of this Complaint. 13, Defendants are liable to Plaintiff and/or have been unjustly enriched in the amount of $17,808,25 with interest accruing at 8.75% per annum and costs and attorneys' fees thereafter, WHEREFORE, Plaintiff demands judgment against Defendants in the amount of$17,595,99 with interest accruing at 8,75% per annum with costs and attorneys' fees accruing thereafter. MARTSONDEARDORFFWI AMS&OTTO c:-- Date: /O/d.~/o.>, By Da ,alloway LD. No. 87326 Ten East High Street Carlisle, PA 17013-3093 (717) 243-3341 Attorneys for Plaintiff VERIFICATION I, THOMAS MEYER, Assistant Treasurer of Dickinson College, acknowledge that I have the authority to execute this Verification on behalf of Dickinson College and certify that the foregoing Complaint is based upon information which has been gathered by my counsel in the preparation of this lawsuit. The language of this Complaint is that of counsel and not my own, I have read the document and to the extent that this Complaint is based upon information which I have given to my counsel, it is true and con-ect and to the best of my knowledge, information and belief. To the extent that the content of this Complaint is that of counsel, I have relied upon counsel in making this Verification. This statement and Verification are made subject to the penalties of 18 Pa, c.s, S 4904 relating to unsworn falsification to authorities, which provides that if I knowingly make false averments, I may be subj ect to criminal penalties, Dickinson College T~~ Assistant Treasurer of Dickinson College Dated: 10/;:)3-/0 ~ F:\FILES\DA TAFILE\Gendoc,curl761923-com.l Exhibit A D 11 0,0001: 4:53PM'172'JOSEPH J. DOUGHERTY & ASSOCIATES 1: ec. . No 4441 P. 3/8 82/e7 ~t~- . Nt7Q'u-....1 $12,446.45 Dated: J z../ 2.J:7 .2009 Carlisle, Pennsylvania JUDGMENT NOTE 1. PROMISE TO .PAY: FOR VALUERECEIVlID, withoutdefil1cation, and intending to be legally bOUlld hereby, EDWARD J. Md>EVITT, JR., and JOHN H. McDEVITT, his son, adult individuals with a residence at 21 West Sunset Aveuue, Philadelphia. Pennsylvania 19118 ("MaJca"), jointly and sevmilly, herdJy UIICOnditionaDy promise, covenant and agree to pay to DICKINSON COLLEGE, a Pennsylvania edllMl1:iOnal institution and nonprofit corporation with a business address of West High Street, Post Office Box 1773, Carlisle, Pennsylvania 170 1~ ("Holdet"), its successors ~ n';gJ1~, or to the order thereof: in Iaw.fW. money of the United States of America, the principal amount of TWELVE THOUSAND FOURHUNDRED FORTY-SIX AND 45/100 DOllARS ($ 12,446.45), plus interest from the date hereof at tltc rate of EIGHT AND SEVENTY-FIVE HUNDREDTHS percent (8.75%) per annum on the unpaid balance, payable in thirty-six (36) successive monthly paymcms ofTHREBHUNDREDNlNEIY-FOURAND 2611 00 DOllARS (S394,26) each, the first to become due February 1, 2001, and each successive payment being due on the first day of each suocessive month until the total prinQpal and accumulated interest shall be paid intull. 1. 'pAYMENT: Maker will pay this loan in ac:cordanoe with the attached payment and amonlzatlon schedule Wbic:h is incorpoI1lted herein by re{"''''lce, Maker will pay HaIder at&lder's address shown above or at such other place as Holder may demgy>:ote in writing. UnIe$s otherwise agreccI or required by applicable law, payrnems will be applied first to accrued unpaid inmrest, then to principal, and any remaining amount to any unpaid costs and late charges, 3. PREPAYMENT: Maka may pay, without penalty, aD or a portion of the amoUllt owed earlier than it is due. Early payments will not, unIess agreed to by Holder in writing, relieve Maker of Maker's obligation to continue to make p&yments under tho above payment sr.l:u'"I.!lc, Rather, thcywill reduce the principal balance due and may result in Malcer malril18 fewer payments, 4. ACKNOWUDGMENT BY MAKER: Maker hereby acla10wlcdgcs and agrees that this NOlt: and loan by Holdee Is made for the educatioual bendit of Maker as part ofHoldcr's provision of educational services and benefits to John H, McDevitt, and Maker is obligated to repay these func1s received as an educational benefit, scholarship or stipend from Holder, Therefi:Ill:, Maker hereby acknowledges and agrees that this Note and Joan shall not be discharged or dismissed in anyinsolvency, reccivers.hip or ban!auptcyproceeding conuncncerl or instituted by or against Maker under any bankruptcy ot' insolvency laws, 1 EXHIBIT "A" n~r ?! ,~~ 1<::):<=;Y, PAGE,003 1,Oecll. 1000: 1:53PM'172<JOSEPH J. DOUGHERTY & ASSOCIATES No.4441 P. 4/8 03/07 5. :DEFAULT: Maker will be in default ifany ofthefuI1owingoccwund eachofthefol1owing shall constitute an Event ofDef.mlt hereunder: (a) Maker fails to make any payment when due; (b) Maker breaks any promise Maker has made to HoId<<, or Maker WLs to perform promptly at the time and strictly in the manner provided in thisNofe, or any &greem.ent related to this Note; (c) Maker defiJuJ:ts unda any 10811, extension of credit. security agreement, purchase. Of sales agreement. or any other agreeJuent, in favor of:ulf other creditor or person that may JlllIteriaUy afFect any of the Maker's property or Malcer's ability to repay this Note or perfurm Maker's obligations under this Note or any related agreement; (d) any repr--ntation or statement made or furnished to Holder by Maker or on Makers behalf is false or misleading in any materW respect; (e) Mehr' becomes insolvent, a receiver is appointed for IIJIY pan ofMaker's property, Maker makes an assignment for the benefit of creditors, or any eroceediog is coJlUMDCed el.tber by Mabr or against Maker under any bankruptcy or insolvency laws; 00 anycredltortries:totalce any ofMaker's property on which the Holder has a lien or security interest; (g) any of the events dcsmDed in this default section OGCW'S with respect to any gtlamttor or co-sigrw of this Note; or (h) Holder, in good f8itb, deems Maker inseam:. 6. HOLDER'S :RIGHTS: Upon the happeoing or oa:urrence of any :Event of I>e&mt as described in Paragraph 5, Holder may declare the entireunpald prlnclpal balance on this Note and allllCCTUcd unpaid interest inlmHli"tdy due, witbolJtno~ and then Maker will pay that amount. Furthermore, all accrued interest existing on MaJcer 5 accaunt with Holder from October 2000 to February I, 2001, shan become immediately due and payable, without notice, IIlId Maker shall be responsible for said amount in additian to any and all sums due under this Note, Holder may hire orpay someone else to help collect this Note ifMaker does not pay, and Maker will also pay Holder that collection amnlJnt. This includea, subject to any applicable law, Holder's attorney's fees and legal and court l'Xpenses whether or not there is a lawsuit, including attorney's fees and Holder's legal expeD8es for bankruptcy proceedings (including effons to modify or vacate any lIUtomatic stay or injunction), appeals, and any other post~judgment collection costs and sc:Mces. Maker will also pay any coUrt costs, in addition to all other sums provided by law. If judgment is entered in connection with this Note, interest will continue to accrue on this Note aftca' judgment at the rate applicable to this Note at the time judjpnent 1& entered. The remedies provided to the Holder in this document in the event of a de1iwlt or a br=:h of the conditions herein, shall not be construed to be exclusive of any other remedy available to the Holder and the Holder may exercise any remedy nailable to Holder. 7. WAIVER.. No f8.iIure or delay on the part of the Holder in exercisin& any right, power or privilege h~der shaI1 opeme IS a waiver thereof; DOr shan any single or partial exen:ise of any right, power or privileae hereunder preclude any other or further ~rcise thereof or the ~se of any other right, power or privilege, The Holder shall not be deemed, by any act of omission or rrltnmission, to have waived any ofns rights or remedies hereunder unless such waiver is in writing and signed by the Holder, 2 n~r ?'1 'nVl I c::; : ~ 1 PAGE.004 l:Dec 21. 20001: 453PM'I72,JOSEPH J DOUGHERTY & ASSOCIATES No.4441 P. 5/8 84/87 8. OBLIGATIONS OF PERSONS UNDER TBIS NOTE. Ifmorethan one penon signs this Note, each person is fu1Iy and personally obligated to keep aU of the promises made in this Note, including the promise to pay the full amount owed. Any person who is I glIarantor, surety or endorser of this Note is also obl~ed to do these thinis. Any person who takes over theM: obligations, including the obliptions of' & JUltantol'. 811rety or eadorser of this Note, is also obligated to keep all of the promises ma4e in this Note. The Note Holder may enforce iU rights ~ tbb Note 8pinst each perJOn ~ or jointly. 9. GENERAL PROVISIONS: The interpretation and con5tIuction of this Note alongwi,th the ris'hta and remedies available to the parties hereto shall be governed by and construed in accordallce with the laws of the Connnonweal.th of Pennsylvania. Maker's obligations hereunder $ball be)indins UP'lJl Maker's htirs. successors and assigns. If any provision of this aareement sbaUbeheld invalid oruncnfOreeeble, suchshallllOta1fectllIlyother provision oCtile Note. This Note repn5el1tS the entire asrecm.eat b..L.."""n the Maker and Holder, No waiver or modi.fi.c:etion ofthetenns of this Note shall be valid unless in writing, signed by the Maker and Holder. This Note shaD inure to the benefit ofHoldel', its successors and assigns and aU Holders of this Note. PRIOR TO SIGNING TBIS NOTE, MAKER ACKNOWLEDGES THAT THEY RAVE BEEN REPRESENTED BY LEGAL COUNSEL IN CONNlCCTIoN wrm THE EXECUTION AND DELIVERY OF THIS NOTE, 1'RA.T THEY RAVE lUtAD AND UNDERSTOOD ALL 11IE PROVISIONS OF TBIS NOTE. M.UCER. AGREES TO TBE TERMS OF THE NOTE AND ACKNOWLEDGES RECEIPT OF A COMl>LETED COPY OF THIS NOTE. 3 nc::r ?! '~c:l lS:C:;l PAGE.005 1,Dec 21. 20001: 4 :54PM'172,JOSEPH J. DOUGHERTY & ASSOCIATES No.4441 p. 6/8 BS/B7 .t.N WITNESS WHEREoF, Maker has caused this Note to be executed undec seal this~? i"'t.- day or ~.200~ WITNESS: --:-- ---- ,c:? ~ ~ ~;L~~ ~,?(' ~2:)~ . ward J, ~ Ir, SS#: 159-2g-8675 ~~~ I ~JJ~....' ,/",pl"1"~~181 ( 0.=. ~l::ll'lfl'lt$aillJ~ ~C')- '1,",1~ '. ~!llI!l SSIi. 191-70-9188 4 ....CCf"" ? I . C\~ , c:::. c:::: I PAGE, "WE; (') a C f",) <, ;'~ ~ ~ "U [" ' "~"} ~ mrr- ....... ~ Z:T 6;5::~-, .~,) "*'" ",.,' " 'C ~(; , "" ~C) :'1;: ~ C:l ~ 5:;'2 -- c_ .. ~ ~ Z <=" <>\I 11'1 :::.;!, ,'-' ~ '\ ~ 'R <.. i- 0 ~ -TT ~r,," _..."J -< C',' n 2002 :;t, 1 ,J F:\FILES\DA TAFILE\Dickinson ColIect.doc\23-pra.l/nlm Created: 12104/0209:42:41 AM Revised: 12/04/0210:02:56 AM 7619C.23 DICKINSON COLLEGE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLA]\fD COUNTY, PENNSYLVANIA v. NO.02-5119 CIVIL ACTION-LAW EDWARD J, McDEVITT, JR. & JOHNH. McDEVITT, Defendants JURY TRIAL OF TWELVE DEMANDED PRAECIPE TO THE CUMBERLAND COUNTY PROTHONOTARY: You are hereby directed to reinstate the attached Complaint with regard to the above matter. Date: December 4, 2002 Attorneys for Plaintiff ~ g 0 0 N '.,-1 ~ c:::l -0 OJ rt1 *-C', mrri n \~. Z:r: I "11,J :25: ,,;-\t:::! ~;? .~ ,:'3 t-; <:::::0 ~ .-.... -,'\ ;_-:--n Jg -- J;:"5 - ~~:.: 1 1 1 - :::( ~ => ~ C,., :...:: ------ -~...~ ~-:-:..,,-_. --~.--.";:~-=:-~.~- .,*~)"'t~ - ' , RETURN OF SERVICE ;,-f;" l/~.-' DENNIS RICHMAN'S SERVICES FOR THE PROFESSIONAL INC~', ~,~ 1617 J.F.K. BOULEVARD. SUITE 820. PHILADELPHIA,PA 19103 · (215) 977-9393 I i I I I I I " TO BE CpMPLETED BY A TIORNEY COURT TERM AND NUMBER (PLEASE ONE FORM FOR EACH DEFENDANT.) PLAINTIFFISI Cumberland Co. Oickin:3on Colle9~ No. 02-5119 DEFENDANTISI Ed~.]ard ,} . r1c')evi t t * ,Jr. Pl Jbhn ~1cDevitt SERVE { NAME OF INDIVIDUAL, COMPANY, CORPORATION.,ETC;;. t John H.' t'1cDevitt ADDRESS (Street or RFD. Apartment No., City, Boro, Twp., State and ZIP Code) AT 21 1t1 est sunset Ave., Phila. , PA 191 HI INDICATE TYPE OF PLEADING o SUMMONS [)(COMPLAINT 0 INDICATE UNUSUAL SERVICE: 0 REG. MAIL 0 DEPUTIZE 0 POST 0 OTHER SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE I \ \1;, . " '. Now, 20 I, do hereby deputize the Sheriff of County to execute this Writ and make return thereof according to law. The deputation being made at the request and risk of the plaintiff, Process Server TO BE COMPLETED BY PROCESS SERVER Served and made known to ' Defendant(s) on the day of 20 , at o'clock, _M., at ' County of Phila. Commonwealth of Pennsylvania, in the manner described below: o Defendant(s) personally served. o Adult family member with whom said Defendant(s) reside(s). Relationship is o Adult in charge of Defendant's residence who refused to give name or relationship. o Manager/Clerk of place of lodging in which Defendant(s) reside(s). . " o Agent or person in charge of Defendant's office or usual place of business. " " ; 0 an officer of said Defendant company. o Other On the 17th day of Decetnl)8r 20 02 3:10 o 'clock, ~M. , at Defendant not found because: o Moved ~ Unknown o No Answer o Vacant o Other Comments 'Satu I.n~rl t z lives 1"1 ~ r 0 , above is '...mknowo. NAME OF S~FLV~ar<l 8hrlich I .'. ~,- hereby affirms that the information contained in the Retum of Service is , true and correct. This affirmation is made subject to the penalties of 18 PA C.S. 4904 relating to unswor~falsification to authorities. Swom to and subscribed before me I /. I this 17th day of Dac. 2021... /1 /Vi Jj/','\ \, ./ Ui c, \"" " ../ ,'''';}y (Signature) , 1'0 BE CoMPLETED BY ATIORNEY TO BE COMPLETED BY PROTHONOTARY Name David R. Galloway, 8squir.';;! Address 1 0 ~ast iU'lh q'- C,:u'li31e, P1\ 17013 '_~ t-. , Telephone Number 717-243-3141 ATTEST ;,,1';' IdentifiM@tion Number PRO PROTHY Represents: o Plaintiff(s) DATE o Defendant(s) o Other . ' ,~:' ,1 ~ _ _ _.__.__._~__~___~_________. _. '';~~i'",::::~._______~_~___________,___.__~__._~__.__~~_ o c ;:; \:J rj~l rnr' ~(~- ~~ -::, . i c (,.,) C~ -1'1 I c".) ::"'J (..,) :i; -< F: IFILES\DA T AFlLE\Dickinson Collecl.doc\23 .pra3/cny Crealed: 3/5/03 0:2:45 PM Revised: 315103 0:3:27 PM 7619C23 DICKINSON COLLEGE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 02-5119 CNIL ACTION-LAW EDWARD J. McDEVITT, JR. & JOHNH. McDEVITT, Defendants JURY TRIAL OF TWELVE DEMANDED PRAECIPE TO THE CUMBERLAND COUNTY PROTHONOTARY: You are hereby directed to reinstate the attached Complaint with regard to the above matter. By, David R. Galloway, J.D. Number 87326 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Date: March 5, 2003 Attorneys for Plaintiff (") c::' ,-, '-.F C L.) '1 \:..6"': -- ~ ,rillb mn .:0 Z::( " ZC r--, C/) _c <:;1 ) C~) -<L_ ~C V '. -,-; C' ---~2 ~:"IJ Z, C) j>Cl J).? :-~~ l-n C :z: );; ~ :n (X) -< F: IFlLESIDA T AFILEIDickinson Collect.doc\23. pra2/cny Created: 3/5/03 8:32:41 AM Revised: 3/5/03 II :30:02 AM 7619C23 DICKINSON COLLEGE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 02-5119 CIVIL ACTION-LAW EDWARD J. McDEVITT, JR. & JOHN H. McDEVITT, Defendants JURY TRIAL OF TWELVE DEMANDED PRAECIPE TO THE PROTHONOTARY: Enter default judgment in the above-captioned action in favor of Plaintiff and against Defendant Edward J. McDevitt, Jr. in the amount of$17,808.25 plus interest through March 5, 2003 in the amount of$485.74 for a total of$18,293.99 plus costs of suit, attorney's fees and interest of $2.98 accruing per day from March 5, 2003, for Defendant's failure to file an Answer to the Complaint. I do hereby certify that a written notice of intention to file this Praecipe (in the form attached hereto) was mailed to the Defendant at the address indicated thereon, on February 19, 2003, which date was subsequent to the date default occurred and at least ten (10) days prior to the date of the Praecipe. By David R. Galloway, Esquire 1. D. Number 87326 Ten East High Street Carlisle, P A 17013 (717) 243-3341 Attorneys for Plaintiff Dated: March 5, 2003 ~ ~ ~~ ~ F:\FlLES\DA T AFlLE\Dickinson ColJecl.doc\2J.not lieny Created, 2114103 9A5,37 AM Revised, 2119103 I L4054 AM 7619C23 DICKINSON COLLEGE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 02-5119 CIVIL ACTION-LAW EDWARD J. McDEVITT, JR. & JOHN H. McDEVITT, Defendants JURY TRIAL OF TWELVE DEMANDED TO: EDWARD J. McDEVITT, JR. NOTICE OF INTENTION TO FILE PRAECIPE FOR ENTRY OF DEFAULT JUDGMENT YOU ARE IN DEF AUL T BECAUSE YOU HAVE FAILED TO TAKE ACTION REQUIRED OF YOU IN THIS CASE. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOUMA Y LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP: Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 MARTSON DEARDORFF W By David R. Ga ay, Esquire 1. D. Number 87326 Ten East High Street Carlisle, P A 17013 (717) 243-3341 Dated: February 19,2003 Attorneys for Plaintiff DICKINSON COLLEGE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 02-5119 CIVIL ACTION-LAW EDWARD J. McDEVITT, JR. & JOHN H. McDEVITT, Defendants JURY TRIAL OF TWELVE DEMANDED TO: EDWARD J. McDEVITT, JR. NOTICE OF ENTRY OF DEFAULT JUDGMENT You are hereby notified that on March 5, 2003, the following Judgment was entered against you in the above-captioned case. I; Date: Ifr; .9.JL. ~1, pCJ03 /SIC ~tJ{ /dYlj Prothonotary I hereby certify that the name and address of the proper person to receive this notice under Pa. R. Civ. P. 236 is: Mr. Edward J. McDevitt, Jr. Fahnestock & Co. Inc. 4800 North Federal Highway Tower A, Suite 100 Boca Raton, FL 33431 CERTIFICATE OF SERVICE I, Christina N. Yost, an authorized agent of Martson Deardorff Williams & Otto, hereby certify that a copy of the foregoing document was served this date by depositing same in the Post Office at Carlisle, P A, first class mail, postage prepaid, addressed as follows: Mr. Edward J. McDevitt, Jr. Fahnestock & Co. Inc. 4800 North Federal Highway Tower A, Suite 100 Boca Raton, FL 33431 MARTSON DEARDORFF WILLIAMS & OTTO By ~A--7!'~ Christina N. Yost Ten East High Street Carlisle, P A 17013 (717) 243-3341 Dated: March 5, 2003 <==- G> T- (' r' 7\::) ~ ~ ~ % ts= :tt:. ............ "'---- ~ ~ "-..... '.AJ c.,.j ~ ~ -L:. -0 --- --- ~ "{ ~ C). ~ ~ o c- ..,:,., --';\'. r!;\: ~>: (.j. c.; ',- ?i~ :Y~ o 0) - '. CJ "":-n .-~ -;0 \ 0'. -:: ~) ., '" .{:" F: \FILES\DA T AFlLE\Dickinson College 7619\Collectioru;\Current\23_pra4/jmt Created: 10120/048:30AM Revised: 10/20/04 8:36AM 7619C23 David R. Galloway, Esquire MARTS ON DEARDORFF WILLIAMS & OTTO 10 E, High Street Carlisle, P A 17013 (717) 243-3341 Attorneys for Plaintiff DICKINSON COLLEGE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v. NO. 02-5119 CIVIL ACTION-LAW EDWARD J, McDEVITT, JR. & JOHN H. McDEVITT, Defendants JURY TRIAL OF TWELVE DEMANDED PRAECIPE TO THE CUMBERLAND COUNTY PROTHONOTARY: You are hereby directed to reinstate the attached Complaint with regard to the above matter and return to the undersigned for service on Defendant, John H, McDevitt. By David R. Galloway, I.D. Number 87326 10 E, High Street Carlisle, P A 17013 (717) 243-3341 F WILLIAMS & OTTO Date: October 20, 2004 Attorneys for Plaintiff C) ...''') _i ~, J"" G.C ... F. \F1LES\DA T AFlLE\DickinsonCollege7619IColleclionsICurrenl\23.pra5/nlm Crealed. 1/6/05 !0:55AM Revised: 1/6/05 2 56PM 7619C.23 David R. Galloway, Esquire J.D. Number 87326 MARTS ON DEARDORFF WILLIAMS & OTTO 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff DICKINSON COLLEGE, Plaintiff IN THE COURT OF COMMON PLEAS OF CU]JBERL~)COUNTY,PENNSYLV~ v. NO. 02-5119 CIVIL ACTION-LAW EDWARD J. McDEVITT, JR., & JOHN H. McDEVITT, Defendant JURY TRIAL OF TWELVE DEMANDED PRAECIPE TO DOCUMENT SERVICE AND COST OF SERVICE PURSUANT TO THE PENNSYLVANIA LONG ARM STATUTE I hereby certify that a copy of the Complaint was served on John H. McDevitt via Deputy Sheriff of the City of New York on December 27,2004, at approximately 4:30 p.m. at 321 6th Avenue #2, New York, NY 10014. The cost of Service was $42.00. By David R. Gallowa , Esq J.D. No. 87326 10 E. High Stre(:t Carlisle, PA 17013-3093 (717) 243-3341 Date: January 6,2005 Attorneys for Plaintiff ~lATE OF r6;?l/J/SYLJ//l#JA.. rM4IO/V 41<> COUl1~T. COUNTY OFr~~If2'~f) ., / .' J>..I.C.KI!.V$Pd..\Q'~9'~"'" ...,. Vs ~~ AFF][DA YIT OF SERV1CE &/)t(/,h{D J: l"1e DCYIT1J ~,e . .~....TQ.H/.1!...fI.<:./H.c..t?6.Ylrr,. .. ... Index No ~ii.~ Sherifrs C~ No #1tJ}/ - 0(/ Y / STATE O~ N1:W YORK COUNTY OF N'lW YORK 55: yJ 0.'1 t\e {>r", c. e t bemg duly sworn. afiirms tlut be u ~ iDeputY Sbenff of the CRy of New YorX. being over the age of etghtecc year.i. IS oot a party to rlus aaJCXl or p~g. aDd ~ the 11'l1J~ed (5 'f?t,,lJ-I/1I lO the ~boYe t:Ucd .acDa1 or pl"OCeedmg 00 the :27 day of lh:t:etLot.ver-. .?o:c..... at approXlITUtety :;;0 A..M ~ a~ ~.S3 [J("cc.dWClCf f-rr pi t ~L/ I 10 the borough of ~tUn, Cou:m:y of ~~ \0 oril. Serv1ce. \lnS nude llpCXl j"' 0 Cvvt.. If. Jt1 c iJ.ef// -#- , the dden.ctmtlre:s:pQJdcm. m the foUowmg mmncr PERSONAL tv+- By deuvermg to wd 1e3~g wub.-:k ItM. 6f ~ 14(. l)el/ III- pcnauJJv 3 SERVICE crue copy thereof. S3Jd penal bemg IQ')O'\Iw11 ~s Ule ~ mcnoOOC(1 :&nd dc:scnbed hm:m ALTERNATE PERSON [J By dels-.umg to and lenmg W1th. . a persoo of sunble age and di.scnoal. wbo LS to the deft:cd.zmlrespcodo:rt. a true copy thC1"eOf. Satd add..res.s u the dwdiq pUcetbusmess pla<::e of the pany served AFFIXED TO PREMISES [] By a..ffixm g a true copy thereof to ~ door of the a ~ rnc:tJDODed add:rts.s. UId address bemg the dweUmg pLacelbussoes:s pUla of the defcadmtJre:spoodcm MAILED [] By m.aJ.l.wg a true copy thereof lO a pLuc 'MUU eo Yeiope m.ark.ed up ERSON Ai & CONFIDENTIAL t. to the ~ IrespcDia::t to Ius last Icnowo address as ~eda~. CORPORA nON [] By dc1NenDg to and avms we. thtnof. Said pena1 St2Uld belshe is the_ aumonz.ed to ~c::c:cpt senK:C of ~ prooc:ss . a 0"Ue Cl:l'Y . an agaIt ST A TUfa R Y FEE [] At the time of setV1ce. a stUUtOf)' fee of S penal ~ and described bemD wu also Ldl WIth the DESCRIPTION ~ The ~ served is a (<('Male ( ) Fema1,c aDd appl~rw.e1Y. AGE 2 7 ~ HT: 3( II . wr, I ~ 0 . SKIN eavc.. t HAIR fJL 6 ~ NOTARY Sworn to (affirmed) before me this t...f ;q <layof D-f"~ ;:7//; = ~ OEPutY SHERIFF l\}\~ ft. nUClANO .-.. _\ary P\dllIc. State of New ~ HI'. 02fE6037555 . ~ied In, Br~...: ~ Ot' ~6mm1sSlOll ~~ CERTIFICATE OF SERVICE I, Nichole L. Myers, an authorized agent of Martson Deardorff Williams & Otto, hereby certify that a copy of the foregoing Praecipe was served this date by depositing same in the Post Office at Carlisle, P A, first class mail, postage prepaid, addressed as follows: Mr. Edward J. McDevitt, Jr. 4475 N. Ocean Blvd., Apt. 31H Delray Beach, FL 33483 Mr. John H. McDevitt 321 6th Avenue #2 New York, NY 10014 MARTSON DEARDORFF WILLIAMS & OTTO BYN(~~~ Ten East High Street Carlisle, P A 17013 (717) 243-3341 Dated: January 6,2005 --r- I- '. r (~~! ';",- ~i:~, ).:.~C -";1<' ~ o ~:: ...:: .~ ~ ..... ......, = = c..M <- :;p", :2:: o .. -l ::ell rnF :Qt9 --") i (:,0 =-r:~~l ~ -~~ (') """'~- rn , -j ~J <-, "'-' :-< I 0"'\ -0 --.r -'" 0.' .. U1 .- - F. \F! LES\DATAFI L E\Dicki,lSOllCollege 76 I 9\Collect ions\CU]Tel1t\~_, \23 _ pm 7 Created: 3/21\)5 4:'>'}I'M Revised 3/3/05729AJ\-1 76]9(13 David R. Galloway, Esquire I.O. Number 87326 MARTSON DEARDORFF WILLIAMS & OTTO 10 East High Street Carlisle, P A 17013 (717) 243-3341 Attomeys for Plaintiff DICKINSON COLLEGE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 02-5119 CIVIL ACTION-LA W EDWARD J. McDEVITT, JR., & JOHN H. McDEVITT, Defendant JURY TRIAL OF TWELVE DEMANDED PRAECIPE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Kindly mark the judgment against EDWARD J. McDEVITT, JR., satisfied and issue a certificate reflecting the same. Kindly mark the above-captioned case settled, discontinued and ended against JOHN H. McDEVITT, By David R. Galloway, Esquire J.D. No. 87326 10 E. High Street Carlisle, PA 17013-3093 (717) 243-3341 Date: March 3, 2005 Attomeys for Plaintiff , CERTIFICATE OF SERVICE I, Ami J. Thumma, an authorized agent of Martson Deardorff Williams & Otto, hereby certify that a copy of the foregoing Praecipe was served this date by depositing same in the Post Office at Carlisle, P A, first class mail, postage prepaid, addressed as follows: Joseph J. Dougherty, Esquire LYONS, DOUGHERTY, SHAFFER & FERVER, LLC 6 Ponds Edge Dr., Ste. I Chadds Ford, P A 19317 (Counsel Not of Record) Mr. Edward 1. McDevitt, Jr. 4475 N. Ocean Blvd., Apt. 31H Delray Beach, FL 33483 Mr. John H. McDevitt 321 6th Avenue #2 New York, NY 10014 MARTS ON DEARDORFF WILLIAMS & OTTO ,vVtG~ Dated: March 3, 2005 , ' :<1 , () 1'1 ..;J' ..."" ~r.:."" ';.J I C.) r'.) y,,)