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Home My WebLink About00-04934 ,_. ."0,,,,,,___ 'C"-, , ..~'i. <'~,'J~""',.-, ;" -""~,-_~",_t,,,',,,,,';j,~_,,,,~"'8:",,-~j;c,"",,~.--.,- '::"'-""'''g DICKINSON COLLEGE Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 00 - 4934 CIVIL TERM HARRY J. WOLFINGTON and SEAN J. WOLFINGTON, Defendants CIVIL ACTION - LAW ORDER OF COURT AND NOW, this day of , upon consideration of Defendant Sean J. Wolfmgton's Preliminary Objection by way of demurrer to Plaintiffs Complaint, it is hereby ORDERED that said objection is sustained and Plaintiffs Complaint is dismissed with prejudice. BY THE COURT, J. - .-~ ";,-.. _, ,,- " ' 'be".>"-,,.. '-,,". '"' ,^,,-, _ ,.,' ,< ,0, ~<_o- _ C,,~.,'_ n."'~''''''i,:"-'""",''''',k~c',,-' " DICKINSON COLLEGE Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA v. NO. 00 - 4934 CIVIL TERM HARRY J. WOLFINGTON and SEAN J. WOLFINGTON, Defendants CIVIL ACTION - LAW PRELIMINARY OBJECTIONS OF DEFENDANT SEAN J. WOLFINGTON TO PLAINTIFF'S COMPLAINT AND NOW this 25th day of October, 2000, comes Defendant SEAN J. WOLFINGTON, by and through his attorneys, Irwin, McKnight & Hughes, and makes the following Preliminary Objections to Plaintiff s Complaint, and in support thereof avers the following: I. Preliminary Objection in the Nature of a Demurrer Pursuant to Pa. R. Civ. P. 1028(a)(4). 1. Plaintiff, Dickinson College, initially filed a civil complaint on or about October 14, 1993 solely against Defendant Harry J. Wolfmgton in the Court of Common Pleas of Cmnberland County, Pennsylvania at Docket No. 1993 - 3270, alleging breach of contract for payment of educational services dated October 3, 1989. 2. On or about September 6, 1996, Plaintiff filed an amended complaint at Docket No. 1993 - 3270, adding Sean J. Wolfmgton as a Defendant and including an additional count against him alleging breach ofthe same contract dated October 3,1989. 1 , ~'- ~,__,- ,'-J~".- ' ~ -,~,'." _-l'-'.""",",' _ '"" _< _,' ,_'''__"'. _." "~",,. ,~-,!~;~", _:\,-","" 3. Proper service of the amended complaint at Docket No. 1993 - 3270 was never made upon Defendant Sean J. Wolfington. 4. The initial civil complaint at Docket No. 1993 - 3270 was dismissed pursuant to Pac R. J. A. No. 1901 for Plaintiffs inactivity. A true and correct copy of the Docket for action No. 1993 - 3270, indicating that the action was dismissed is attached hereto and incorporated herein by reference as Exhibit "A." 5. On or about July 12, 2000, Plaintiff filed the instant action by complaint docketed at No. 2000 - 4934 against Defendants Harry J. Wolfington and Sean J. Wolfmgton alleging breach of the same contract for educational services dated October 3, 1989, as well as unjust enrichment. 6. Plaintiff did not attempt to reinstate the original action following its termination in accordance with Pac R. J. A. No. 1901. 7. Plaintiff is therefore barred from filing a second action alleging the same breach of contract claims against the same parties following dismissal ofthe original action. 8. Defendant Sean J. Wolfmgton preliminarily objects to Plaintiffs Complaint on the grounds that Plaintiff Dickinson College cannot file a subsequent action alleging the same breach of contract claims against the same parties as in the original action when the original action was dismissed pursuant to Pac R. J. A. No. 1901. '__~,' Fo',_ ,~,' . - -~,-",";,"",,,,,,,,, " _'_,.b:.,"._~'_ .i., "..,,- ~"--';';';'-,;,i'w;'"";'-:;:'~,,~'-,,,"">' ~~i WHEREFORE, Defendant Sean 1. Wolfington respectfully requests this Honorable Court to grant its Preliminary Objection in the nature of a demurrer and dismiss the claims in Plaintiffs Complaint for failure to state causes of action upon which relief may be granted. Respectfully Submitted, IRWIN, McKNIGHT & HUGHES Dated: October 25, 2000 By: :D~ Xi nt;ffb. Doug~er, Esquire Supreme Court ID # 83776 West Pomfret Professional Building 60 West Pomfret Street Carlisle, Pennsylvania 17013 (717) 249-2353 Attorney for Defendant, Sean J. Wolfington , , ~"-'" -' '. <- ~' '".."'i "<,' , ,;':c;,. :-, ,,-, ';_ ". " DICKINSON COLLEGE Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 00 - 4934 CIVIL TERM HARRY J. WOLFINGTON and SEAN J. WOLFINGTON, Defendants CIVIL ACTION - LAW CERTIFICATE OF SERVICE I, Douglas G, Miller, Esquire, do hereby certify that I have served a true and correct copy of the foregoing document upon the persons indicated below by first class United States mail, postage paid in Carlisle, Pennsylvania 17013, on the date set forth below: Charles T. Young, Jr. Esquire McNees, Wallace & Nurick 100 Pine Street lIarrisburg,Pi\ 17108-1166 Date: October 25, 2000 IRWIN, McKNIGHT & HUGHES ~i1~ Douglas . Miller, EsqUIre Supreme Court LD. No. 83776 West Pomfret Professional Building 60 West Pomfret Street Carlisle, Pennsylvania 17013-3222 (717) 249-2353 Attorney for Defendant, Sean J. Wolfington ;..,,'"' <:,1- "";,,'" "':J: ~' ~--,,' '.:........... - tl: ~ 'li.i. ~~ O'~'" - " ~" .~ , "'" C) C~~ () C C) 1'( :::J- ',.i , --''', 1'1-: --I ~ r'c) (.,-/ \,'J ~::: l...,,_ e, X , - r',j ') ...~> ( _:...! ,- "~ -'''/ - =:1 -< I V -< ... 1_ "! O~ . ... SUITS, 1993 Case # -S 3270 Date of Entry: Octaber 14, M. Appearances: Plaintiff: Dickinsan Cal1ege Defendant: Harry\J. Walfingtan : _;1 i iil 1 9 93 at Entry by Summons Complaint Petition Appeal Revival civil Actian - Law ~"""-, 1864 ) ( X ( ( ( ( X NOvember 17, 1993, Praecipe, filed. Caunsel moves the Court ta reinstate the camplaint in the abave-captioned !Patter which was filed an or about CCtaber 14, 1993, ta be able to .obtain service of the camplaint upon defendant. By: Brett D. Davis, Esq. January 19, 1994, Praecipe, filed. Counsel moves the court ta reinstate the camplaint in the above-captioned matter which was filed an .or abaut Octaber 14, 1993, to be able ta obtain service .of the complaint upon defendant. By: Brett D. Davis, Esq. SepteniJer 6. 1996. Amended Canplaint, filed. NovaIt>er 27. 1996. Answer ta Arrended Complaint, filed. Dec. 20. 1996. Plaintiff's Answer ta Defendants' New Matter, filed. D1SMISilltu _ ._---"" i Action in Assumpsit ) Trespass ( Habeas Corpus ( Divorce ( Grounds Equity Mortgage Foreclosure ( Ejectment ( Quiet Title ( Replevin ( Condemnation ( ../.1-'i'/-~.d(d.t~,c,2) ( /C_.2< 9,3 tlc S~ . _~~rvice by SHF: . ..-, "-.,,'>".' ',- ',e.[;-,__ _" ->-" ,-~- . , , iei I': ii , I"~ DICKINSON COLLEGE, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA [: I: I': i:' I ~; v. : No. 00-4934 !,c ,.i HARRY J. WOLFINGTON and SEAN J. WOLFINGTON Defendants : CIVIL ACTION LAW :;i ORDER AND NOW, this _ day of , upon consideration of the " ':[, I," I" !i~ i;j hr i,r I;'~ I;~ Preliminary Objections of Defendant Sean J. Wolfington, and the Response of Plaintiff Dickinson College, I': I: it is hereby ORDERED that the Defendant's Preliminary Objections are DENIED ", I,': :;i and DISMISSED as untimely and without merit. \[ [\ ,> BY THE COURT, :~ I' ,c " if " J. " l~ it Ii " , 11' 'r . " ,- .~~. =, .-, " "":.-~,' . " ',., "~ , .', -'- '.,"~ - . >L< , , !:~ i ;': I' I.; I:: DICKINSON COLLEGE, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA j;! v. : No. 00-4934 :~j '1 j :! HARRY J. WOLFINGTON and SEAN J. WOLFINGTON Defendants : CIVIL ACTION LAW i-' r, !~ 'i [j iI e~ The Plaintiff, Dickinson College, by its attorneys, McNees, Wallace & Nurick, !;1 I' ,j n " l; U W [.1 ~J ii " i! RESPONSE OF PLAINTIFF DICKINSON COLLEGE TO DEFENDANT SEAN J. WOLFINGTON'S PRELIMINARY OBJECTIONS hereby files this Response to the Preliminary Objections of Defendant, Sean J. 1. Admitted. !J ~ h i'i :J , ., 11 j: Ie i: I:': [1 11 Wolfington. 2. Admitted. 3. Denied. This Paragraph states a legal conclusion to which no response is required. Therefore, it is denied. By way of further answer, in the Answer to Amended Complaint, the Verification signed by Harry J. Wolfington states that, "I, HARRY J. WOLFINGTON, Defendant, and on behalf of my son. SEAN J. WOLFINGTON. Co- Defendant in the within matter, being duly sworn according to law, hereby deposes and says that the facts set forth in the within ANSWER TO AMENDED COMPLAINT AND NEW MATTER are true and correct to the best of my knowledge, information and belief." (See Attached Exhibit nA ~ emphasis added). 4. Admitted. - " _' , '_"c.~"_,,, ~ U_,"U _. "' ,~ " ~", 5. Admitted. On July 12, 2000, Plaintiff filed the instant action. On October 9, 2000, Dickinson provided Sean Wolfington with the required 10-day notice of default. On October 25, 2000, Dickinson mailed to the court a praecipe to enter default judgment. Defendant's Preliminary Objections are untimely and waived. i~ 6. Denied. This Paragraph states a legal conclusion to which no response is I:; " , I: i"i required. Therefore, it is denied. By way of further answer, Defendant alleges that he 't was never served with the Amended Complaint. Hence, a cause of action was never initiated against him. Accordingly, Dickinson was not required to file an application to '" ~, reinstate an action that was allegedly never commenced against Defendant. 7. Denied. Dickinson hereby incorporates its response to paragraph 6. By way :;; ~, ,{. I'j' of further answer, Cumberland County Local Rule 228 provides as follows: r;. w' The Prothonotary shall list, for general call on the last Tuesday of October of each year, all civil matters which are not at issue, and in which no proceedings of record have occurred during the two years or more immediately prior thereto. The Prothonotary shall, in the manner provided by Pac R.JA 1901 (c), notify counsel of record and any parties for whom no appearance has been entered, that the matter has been so listed. If no action is taken, and no written objection is filed in a listed matter prior to the time set for the general call, the Prothonotary shall strike the matter from the list, and enter an order as of course dismissing the matter for failure to orosecute. If, at the call of the list, no good cause is shown why a matter should be continued, the court shall enter an order dismissing the matter with preiudice. "(-' ~ =). )l- l ~' (emphasis added). Because Dickinson did not realize that the action had been listed to iF [;0 ~ ~, j; f I i !.' 1- Ii , I; , If i r t be purged, took no action, and filed no written objection, the Prothonotary entered "an order as of course dismissing the matter for failure to orosecute." (emphasis added). As such, the case was not dismissed with prejudice, and Dickinson was not barred from filing the instant action. -2- -,_ .",'" '.7 ~'. c, _ '. ",--{--- , I , 8. Denied. Dickinson hereby incorporates its responses to paragraphs 6 and 7 ! I " , i i- above. WHEREFORE, the Plaintiff, Dickinson College, respectfully requests that this j. I , Honorable Court deny the Defendant's Preliminary Objections as untimely and without merit. Respectfully submitted, McNEES, WALLACE & NURICK Charles T. Young, J Attorney 1.0. No.8 i 80 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108 (717) 237-5397 ~1 By ~ j r1 ~: i~ ~j Attorney for Plaintiff Dickinson College ~ 1 f; " Dated: October J.7 , 2000 [,' I: l' H ! f; N I, I, I: I Ii " Ii -3- 1'''~' ~..._~ -.. -". ---<~ < 0"- , ""'~~~""jo.;:;i o o VERIFICATION 1, HARRY J. WOLFINGTON, Defendant, and on behalf of my son, SEAN J. WOLFINGTON, Co-Defendant in the within matter, being duly sworn according to law, hereby deposes and says that the facts set forth in the within ANSWER Tb AMENDED COMPLAINT AND NEW MATTER are true and correct to the best of my knowledge, information and belief. I also understand that statements herein are made subject to the penalties of 18 Pa.C.S.A. Subsection 4904 relating to unsworn falsification to authorities. .' ,>tth ) / / DATED: ! /.. ),0:;- '7 V IRA , Defendant . .-~'"" r. ;'. '" ""'-'-'. '<'I. !i! [;: . - i~' r: I':. i:'i 1--' !J !:~ Li' i, 1:, I;, CERTIFICATE OF SERVICE ~1 I hereby certify that on this date a true and correct copy of the foregoing -;,f .e t, Douglas G. Miller, Esq. IRWIN, McKNIGHT & HUGHES West Pomfret Professional Building 60 West Pomfret Street Carlisle, Pennsylvania 17013 a!:J i~ !! '! " M ~l ~,i L ~. b ,tt r i; document was served by U.S. first-class mail, postage prepaid, upon the following: ,~.i ,: -F y " ,i g j' ;, ", F' " e"" ~: Dated: October;},"), 2000 " fJ ,. I:~ f' [,' I: 1: ,. I: I: I ii I I ,. ~ ~" "'\'- DICKINSON COLLEGE Plaintiff, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 00 - 4934 CML TERM HARRY J. WOLFINGTON and SEAN J. WOLFINGTON, Defendants. CML ACTION - LAW BRIEF IN SUPPORT OF DEFENDANT SEAN J. WOLFINGTON'S PRELIMINARY OBJECTIONS TO PLAINTIFF'S COMPLAINT Defendant, SEAN J. WOLFINGTON, by and through his attorneys, Irwin, McKnight & Hughes, respectfully submits this Brief in Support of the Preliminary Objections demurring to Plaintiff's second Complaint filed in this matter. I. FACTS ['I ~ 1 >' ri Plaintiff, Dickinson College, initially filed a civil complaint on or about October 14, ;1 ~ i P ,I !'1 I'i i,j I tl u 1993, solely against Defendant Harry J. Wolfington in the Court of Common Pleas of Cumberland County, Pennsylvania at Docket No. 1993 - 3270. The initial complaint alleged breach of contract for nonpayment of educational services with regard to contracts allegedly signed by Defendants on or about October 3, 1989 and October 4, 1990. The initial complaint was filed on behalf of Dickinson College by Brett D. Davis, Esquire, of the law fIrm of McNees, Wallace & Nurick. On or about September 6, 1996, Dickinson College filed an amended complaint at Docket No. 1993 - 3270, adding Sean J. Wolfington as a Defendant and including an additional -'". e _. ^' 'i_. 1990. Proper service of the amended complaint was never made upon Defendant Sean J. ,1 ji ;J ;'i 1,1 I I'] i;1 'II count against him alleging breach of the same contracts dated October 3, 1989 and October 4, Wolfmgton, nor in accordance with Pa.R.C.P. No. 1033 was leave of court or consent of the !"j adverse party secured and docketed by Plaintiff or its counsel. Nevertheless, on or about ,f1 'll November 27, 1996, an Answer with New Matter was filed on behalf of both Defendants by '" :;;'1 WJ i:~ 'r:i e' Patrick C. Campbell, Esquire. (p1.'s Resp. to Def.'s Prelim. Obj. Ex. "A".) On or about College by F. Stephenson Matthes, Esquire, also of the law firm of McNees, Wallace & Nurick. i1 e" M ti ~i I "I Ii ee II December 20, 1996, Plaintiff filed an Answer to Defendants' New Matter. The amended complaint and subsequent Answer to Defendants' New Matter were filed on behalf of Dickinson No further docket activity was made upon the initial action after December 20, 1996. l~~ 1': (Def.'s Prelim. Obj. Ex. "A".) The initial complaint, as amended, was dismissed pursuant to Pac r,1 Ii j: 1'1 R.J.A. No. 1901 for Plaintiffs docket inactivity. Pursuant to Pa RJ.A. No. 1901 (c), notice of 1"! i; ~ i e the proposed dismissal of the initial action was provided to Plaintiffs counsel, McNees, Wallace & Nurick, as docketed at No. 1999 - 6513. :'1 @ I:, On or about July 12, 2000, Plaintiff filed the instant action by complaint docketed at No. 2000 - 4934 against Defendants Harry J. Wolfington and Sean J. Wolfington alleging breach of the same contracts for educational services dated October 3, 1989 and October 4, 1990. (PI. Compl. ~~ 5-8, 18-19.) Plaintiff did not petition this Court or otherwise attempt to reinstate the original action following its dismissal in accordance with Pac R.J.A. No. 1901. Plaintiff is therefore barred from filing a second action alleging the same breach of contract claims against the same parties following dismissal of the original action. 2 - e - . l~, I II. QUESTION PRESENTED Whether Pennsylvania law permits a second action to be filed beyond the statute of limitations alleging the same breach of contract claims against the same parties as in a prior action that was dismissed pursuant to Rule of Judicial Administration No. 1901 for Plaintiff s docket inactivity? i:j 1,1 1" I Suggested Response: NO III. ARGUMENT : '," Pennsylvania law places the burden of reinstating a complaint dismissed pursuant to Pa. R.J.A. 1901 for docket inactivity upon Plaintiff, and does not permit the filing of a second actiou beyond the statute of limitations that alleges the same claims against the same parties as in the prior dismissed action. ! ii! !;! i ~~ '; 'I ~'~ , It is a well-established rule in Pennsylvania law that it is the Plaintiff s responsibility to I'; i~0 i;~ " I,:; ,;] move a case forward and the Plaintiff who bears the risk of dismissal if he fails to act within a :-,1 reasonable time to pursue his case. Humes v. Fink. Fink & Assoc., 718 A.2d 316, 320 (Pa. " I "1i Super. 1998). The Superior Court in Hu!!hes stated that "if plaintiffs counsel finds [himself] ;~I J faced with delays created by others, [he] must take action to move the case forward, such as filing praecipes for argument on undecided motions, moving to compel [his] opponent to file a certificate of readiness, or requesting a conference with the judge. . . to have the case put on the trial list." Id. at 320-321, citin!! Pilon v. Ballv EDlrineerin!! Structures, 435 Pa. Super. 227, 233, 645 A.2d 282, 285 (1994). In the instant case, Plaintiff did not take action to move the initial 1993 case forward, such as listing the case for trial. In fact, following Plaintiff s Answer to Defendants' New Matter filed on December 20, 1996, no docket activity took place. 3 ---.JO.;;"!.', (3) years later, and it was accordingly dismissed pursuant to Pa. RJ.A. 1901. I) it I " ". I; Furthermore, Plaintiff did not respond to the action being placed on the inactivity list some three Plaintiff, in its brief, states that its fIrst complaint was not dismissed with prejudice. For 'I' that proposition, Plaintiff perceives a distinction in Cumberland County Local Rule 228 as to i whether an objection is f1!ed to a matter listed for inactivity and no good cause is shown, or ii, whether an action is stricken with no objection or other action being taken by Plaintiff. Regardless, Pac R.Civ.P. No. 1901 (c)(2) and subsequent case law require that "once a case has I' I: I( t Ii been terminated pursuant to local rule enacted pursuant to Pa. R.J.A. 1901, the burden rests upon the former plaintiff to demonstrate that there is 'good cause' for reactivating the case." Setty v. KneDQ, 722 A.2d 1099, 1101 (pa. Super. 1998). After an action has been dismissed, the burden is no longer upon the Defendant to show prejudice as suggested by Plaintiff in its brief, even , I" " ,. I' . I i i though Defendant is prejudiced in this matter as argued below. Instead, the burden is upon the Plaintiff to show good cause and meet all of the following three elements: "(1) the petition for reactivation was timely f1!ed; (2) a reasonable explanation exists for the docket inactivity; and (3) facts exist supporting a meritorious cause of action." Id. at 1101. See also Clin2er v. Tillev, 423 Pa. Super. 121, 123-125, 620 A.2d 529, 532 (1993). Plaintiff has not met any of these elements. First, Plaintiff did not file a petition for reactivation. Instead, Plaintiff simply a filed a second suit alleging the same causes of action against the same parties. The Pennsylvania Superior Court has already held that Plaintiff is not entitled to such unilateral action. Instead, Plaintiff had to f1!e a petition setting forth all of the three necessary elements in excuse of the delay that resulted in the dismissal of the original action. Bon Homme Richard Restaurants, 4 Inc. v. Three Rivers Bank and Trust Co., 298 Pa. Super. 454, 444 A.2d 1272 (1982). In I' ," I [ , strong language, the Bon Homme Court therefore affirmed the trial court's grant of the defendant's preliminary objections and resulting dismissal of the second action. i i,; For a plaintiff to simply have the option of re-filing under a new number at will after the statute of limitations has run would make a mockery of the judicial policy Pa. R.lA. 1901, supra, was designed to serve: to bring each pending matter to a fmal conclusion promptly and to remove from the docket the cases cluttering it for an unreasonable length of time. Plaintiff in this case had a remedy to pursue, but simply chose to make an "end run". around the Rules. The court below was proper in refusing to permit this action. Id. at 1273. I; 1:- ~':j Furthermore, Plaintiffs second complaint was not timely filed following the dismissal of :" .,,1 ,,' 1:1 I ,j '.[ [:1 I:J e ~ I'i !,I 1,1 Ii] H :" 1"1 I" "'I' 11 11 ;'.1 I "I t1 1 il :1 Plaintiff Dickinson College in the instant matter has attempted exactly what the Bon Homme Court did not permit. Plaintiff should not therefore be permitted to use the liberal construction protection language of Pa. R.Civ.P. No. 126 to preserve this second action that was clearly instituted beyond the four year statute of limitations applicable in this contractual matter. the fIrst actioh. The second complaint was filed months after the fIrst action was dismissed, with no explanation provided by the Plaintiff for that delay. With regard to the second element, Plaintiff has also failed to provide a reasonable explanation for the docket inactivity. As stated above, following Plaintiffs Answer to Defendants' New Matter filed on December 20, 1996, no docket activity took place. The pleadings apparently having been closed, it was the responsibility of Plaintiff to move the action forward, which it did not do until July 12, 2000, when Plaintiff fIled a second complaint alleging the same causes of action against the same parties. The Supreme Court has held that non-docket activity can be examined in deciding whether a compelling reason exists. Marion v. Hackma~ 5 " "' ~ 551 Pa. 1369, 710 A.2d 1108, 1111 (1998). However, the present case does not present the unusual amount of non-docket activity that occurred in Marino. Plaintiff Dickinson College has attached to its brief some correspondence indicating limited settlement negotiations. That is all the non-docket activity to which Plaintiff points, however. The Marino Court held that settlement negotiations alone would be insufficient to "salvage" a case from dismissal for inactivity. Id. at 1111. Unlike in Marino, Plaintiff has been represented by the same law firm since the initial complaint was fIled. Furthermore, no depositions or other discovery have occurred, nor were motions fIled to compel such discovery. The unusual combination of activities present in Marino simply do not exist in this case. :':,1 ["j With regard to the third and fmal element, Plaintiff has also failed to show the existence !'i !1i I I 1993. Plaintiffs impermissible second complaint, filed on or about July 12,2000, is therefore -J 1 ij ,I ,I el I :1 'j ~] ~I ;,,1 ,I rl :1 ,I ;1 n I] II ;1 'I " 'I ~ I I I of facts supporting a meritorious cause of action. Plaintiff did attach to both its complaints copies of contracts allegedly signed by both the Defendants. These contracts for educational services are dated October 3, 1989 and October 4, 1990. The alleged breach of these contracts had to occur at some point prior to the filing of Plaintiff's first complaint on or about October 14, well beyond the four year statute of limitations applicable in this alleged breach of contract matter. It would therefore prejudice the Defendant to permit this second complaint to proceed long after the statute of limitations has expired, despite Plaintiff's failure to timely prosecute its own case and despite Plaintiffs attempt to make an "end run" around the rules, The Bon Homme Court clearly denied such a result. Accordingly, under both the Pennsylvania and Cumberland County Rules of Civil Procedure governing actions dismissed for lack of docket activity, and the recent Pennsylvania 6 .~~ llil~_ r Appellate Court decisions interpreting said rules, Plaintiff Dickinson College impennissibly filed , Ie :! 1;'1 a second complaint alleging the same claims against the same parties as in the first complaint ::;! that was dismissed pursuant to Pa. R.J.A. 1901. I::' i:J 1''' I:, 1,_, 1':1 IV. CONCLUSION j:, For the reasons set forth above, Defendant Sean J. Wolfmgton respectfully requests this >>~ 4. ~ Dou~as Mil1er,Esqhke Supreme Court I.D. No. 83776 60 West Pomfret Street Carlisle, Pennsylvania 17013 (717) 249-2353 Attorney for Defendant, Sean J. Wolfmgton :'1 <I j:: 'I' j'l r I, Iii I~ [': :1 ;.1 1'" ~: ,', Honorable Court to grant his Preliminary Objections in the nature of a demurrer and dismiss the Plaintiffs Complaint for failure to state causes of action upon which relief may be granted. Respectfully Submitted, IRWIN, McKNIGHT & HUGHES Date: December 26, 2000 7 _.c" -'-,-" DICKINSON COLLEGE Plaintiff, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 00 - 4934 CIVIL TERM HARRY J. WOLFINGTON and SEAN J. WOLFINGTON, Defendants. CIVIL ACTION - LAW I,' CERTIFICATE OF SERVICE , :-1 r, Douglas G. Miller, Esquire, do hereby certify that I have served a true and correct copy of the foregoing document upon the persons indicated below by fIrst class United States mail, postage paid in Carlisle, Pennsylvania 17013, on the date set forth below: i-I ',:j 'H ,,{~ ",,1 H 1-:1 ':j i'l ~:j Ii t" Charles T. Young, Jr., Esquire McNees, Wallace & Nurick 100 Pine Street lIarrisburg,P1\ 17108-1166 '-1 ;:j :'1 11 U h r;, l'i ~1 \i 1'] I: I, H Date: December 26, 2000 IRWIN, McKNIGHT & HUGHES :; i'J I ~j " t! '1 ~~~.~ Douglas . Miller, Esquire Supreme Court I.D_ No. 83776 West Pomfret Professional Building 60 West Pomfret Street Carlisle, Pennsylvania 17013-3222 (717) 249-2353 Attorney for Defendant, Sean J. Wolfmgton 8 r t L ! ,e :I: DICKINSON COLLEGE, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA f~ i~, i I i t: v. : No. 00-4934 HARRY J. WOLFINGTON and SEAN J. WOLFINGTON Defendants : CIVIL ACTION LAW ii' r ,. , I k r I~ I" I' PLAINTIFF'S MEMORANDUM OF LAW IN OPPOSITION TO PRELIMINARY OBJECTIONS OF DEFENDANT SEAN J. WOLFINGTON I. STATEMENT OF FACTS AND PROCEDURAL HISTORY The Defendants, Harry J. and Sean J. Wolfington, entered into two Educational Goods and Services Retail Installment Contracts with Plaintiff, Dickinson College. They , r f, subsequently defaulted and refused to make the required payments under the Contracts. The case then proceeded along what can only be described as a long and tortured path. On October 11,1993, Dickinson filed suit against Harry J. Wolfington. (Dickinson College v. Wolfington, Cumberland C.C.P., No. 3270 Civil 1993). Dickinson had great difficulty in locating Harry Wolfington, and did not serve him until February 7, 1994. After a long delay, Harry Wolfington was finally served with a 10-day Notice of Default on April 10, 1996. Soon thereafter, the Complaint was amended to include counts against both Harry Wolfington and his son, Sean Wolfington. On or about November 25, 1996, an Answer and New Matter to Dickinson's Amended Complaint was filed. (See Attached Exhibit ':4. " The Answer and New Matter was verified by "HARRY J. WOLFINGTON, Defendant, and on behalf of my son, SEAN J. WOlFINGTON, Co-Defendant." In the Answer and New Matter, it was acknowledged that settlement discussions had taken place between Dickinson and Attorney Patrick C. Campbell. (Exhibit "A," at ~26-27 & Correspondence Attached). In fact, Attorney Campbell claimed there had been a settlement reached. {)!tJ After the close of the pleadings, Dickinson and Attorney Campbell continued to engage in settlement discussions. In one letter, Attorney Campbell stated, "Young Sean Wolfington happens to be in town for a couple weeks from San Francisco and I talked to him personally." (Attached Exhibit "B. ') The action was thereafter dismissed for inactivity pursuant to Pa.R.JA 1901. Dickinson's attorney, however, was apparently unaware of the case's dismissal because settlement discussions continued until at least January, 1999. (Attached Exhibits "C" & "D. ') On July 12, 2000, Dickinson College filed the Complaint in the instant action. Dickinson again had tremendous difficulty locating and serving the Defendants. Sean Wolfington was finally served on or about August 11, 2000. Harry Wolfington has not been located. On October 9,2000, a 10-day notice of default was served on Sean Wolfington. On October 25, 2000, Sean Wolfington filed Preliminary Objections to Dickinson's Complaint. On October 30, 2000, Dickinson College filed a Response. This Memorandum of Law is submitted in opposition to the Preliminary Objections of Defendant Sean Wolfington. -2- . ~" ,j :J ii .i !: l -,: ij !i [:1 ii t! ,i r: I, Ii I'; i I' e Ii I" I I r< II. STATEMENT OF QUESTION PRESENTED Whether Plaintiff Dickinson College is barred from filing a second action based on the same cause of action as an earlier case, when the earlier case was dismissed pursuant to Pa.R.JA 1901 and Local Rule 228? Suggested Answer: No. III. ARGUMENT A. Dickinson College is not barred from bringing the instant action. While Dickinson admittedly failed to file an application for reinstatement following the prior case's dismissal for inactivity, Dickinson is not thereby barred from bringing the instant action. With respect to this issue, Cumberland County Local Rule 228 provides as follows: The Prothonotary shall list, for general call on the last Tuesday of October of each year, all civil matters which are not at issue, and in which no proceedings of record have occurred during the two years or more immediately prior thereto. The Prothonotary shall, in the manner provided by Pac R.J.A. 1901 (c), notify counsel of record and any parties for whom no appearance has been entered, that the matter has been so listed. If no action is taken, and no written objection is filed in a listed matter prior to the time set for the general call, the Prothonotary shall strike the matter from the list, and enter an order as of course dismissing the matter for failure to prosecute. If, at the call of the list, no good cause is shown why a matter should be continued, the court shall enter an order dismissing the matter with prejudice. (emphasis added). In this case, Dickinson took no action when the case was put on the purge list and filed no written objection. As a result, the court did not dismiss the matter with prejudice. Rather, the prothonotary dismissed the matter for failure to prosecute. Because the case was not dismissed with prejudice, Dickinson is not barred from re- filing it. -3- , , ~"J~~ Dickinson's failure to file an application for reinstatement of the prior matter is a procedural error, which this court has the authority to overlook. Sean Wolfington has not suggested any prejudice that befell him as a result of Dickinson's failure to file the application. See Shope v. Eagle, 710 A.2d 1104, 1105 (Pa. 1998) (holding that prejudice to the defendant must be found before a case is dismissed pursuant to local rules implementing Rule of Judicial Administration 1901). Moreover, Pennsylvania Rule of Judicial Administration 1901 (c)(2) specifically states that a matter may be reinstated "for good cause shown," and it is axiomatic that the Rules of Civil Procedure should be liberally construed, and a court "may disregard any error or defect of procedure which does not affect the substantial rights of the parties." Pa.R.C.P. 126. B. The failure of Dickinson College to file an application for reinstatement should be overlooked. In this case, Sean Wolfington denies that he was ever served with the Amended Complaint in the prior action.1 (Preliminary Objections, at ,-r3). Assuming that Wolfington's assertion is correct, he cannot claim the protection of Pa.R.J.A. 1901. In order for the principles of res judicata to apply, there must be a prior final judgment on the merits, and an identity of the parties. Taylor v. Shiley Incorp., 714 A.2d 1064, 1066 (Pa. Super. 1998). Even assuming Wolfington could be considered a party because his name was on the caption of the prior action, there could not have been a decision on the merits if Wolfington was never served (as he claims). Wolfington cannot 1 The Plaintiff, Dickinson College, does not concede that this assertion is true. However, for the purposes of Wolfington's Preliminary Objections only, Dickinson will assume that it is true. -4- " " i:,j legitimately argue that an action commenced against him was dismissed with prejudice i ~ if he was never made a party to that action. Wolfington would not have been subject to ;'1 Ie c ,-" any judgment entered in the prior case. He cannot now seek protection from the H 1-1 11 ,:, dismissal of that matter. It defies common sense to require that Dickinson College file an application to "I reinstate an action that Sean Wolfington himself claims was never initiated against him. i' ~ " 11 ;-1 Any application would have had to have been served on Wolfington. How was Dickinson supposed to accomplish this if it could not locate Sean Wolfington in the first :' ~ I :':1 place? Sean Wolfington has never denied the existence of his debt, and he has hidden 'i " tj from Dickinson and its attorneys. Now, he is attempting to rely on procedural rules and 'i 'j !l [1 his avoidance of process in order to block Dickinson's collections efforts once again. :1 This court should not allow him to do so. i" " Cc III. CONCLUSION ',I f:i :' :'1 For the foregoing reasons, the Preliminary Objections of Defendant, Sean c' 1-1 I, 'e I ,i :,j I u -5- . ~" , Wolfington, should be denied, and the Defendant should be required to file an Answer to the Plaintiffs Complaint. Respectfully submitted, McNEES, WALLACE & NURICK By I (' ~ ( {'~ 1,,/ I' -J- ~ /7_ '~'l /} tharles T. Young! Jr. {_ ~ c../ j Attorney I.D. No. 80680 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108 (717) 237-5397 Attorney for Plaintiff Dickinson College Dated: December l.2..., 2000 -6- ~ ' PATRICK C. CAMPBELL, ESQUIRE 50 Haymarket Lane Bryn Mawr, Penna. 19010 Attorney lD. No. 09647 (610) 525-3860 ,,: ;! Attorney for Defendants DICKINSON COLLEGE Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNA. VS. : NO. 3270 CIVIL 1993 HARRY J. WOLFINGTON and SEAN J, WOLFINGTON Defendants CIVIL ACTION - LAW NOTICE TO DEFEND I , I t I 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. bv entering a written appearance personally or by an Attorney. and filing in writing with the Court your defenses or obiections 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 iudgment mav be entered against you by the Court without further notice for any monev claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights imoortant to you. " i: (0- I F t ~;. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. COURT ADMINISTRATOR Cumberland County Courthouse Fourth Floor Carlisle, Penna. 17013 (717) 232-8000 - PATRICK C. CAMPBELL, ESQUIRE 50 Haymarket Lane Bryn Mawr, Penna. 19010 Attorney LD. No. 09647 (610) 525-3860 Attorney for Defendants DICKINSON COLLEGE Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNA. VS. : NO. 3270 CIVIL 1993 HARRY 1. WOLFINGTON and SEAN J. WOLFINGTON Defendants : CIVIL ACTION - LAW ANSWER TO AMENDED COMPLAINT 1.) Admitted. 2.) Admitted. .1 II l: 3.) Admitted. !J \1, lj .c ~1 I'i ij Ii " 4.) Denied. After reasonable investigation, Defendants are without knowledge or information sufficient to form a belief as to the truth or accuracy of these allegations, and therefore, said allegations are Denied. 5.) Denied. After reasonable investigation, Defendants are without knowledge or information sufficient to form a belief as to the truth or accuracy of these allegations, and therefore, said allegations are Denied. "., 6.) Denied. After reasonable investigation, Defendants are without knowledge or information sufficient to form a belief as to the truth or accuracy of these allegations, and therefore, said allegations are Denied. 7.) Denied. After reasonable investigation, Defendants are without knowledge or information sufficient to form a belief as to the truth or accuracy of these allegations, and therefore, said allegations are Denied. i': COUNT I 8.) Paragraphs I through 7 are incorporated herein by reference as if set forth fully herein. 9.) Denied. After reasonable investigation, Defendants are without knowledge or information sufficient to form a belief as to the truth or accuracy of these allegations, and therefore, said allegations are Denied. 10.) Denied. After reasonable investigation, Defendants are without knowledge or information sufficient to form a belief as to the truth or accuracy of these allegations, and therefore, said allegations are Denied. II.) Denied. After reasonable investigation, Defendants are without knowledge or information sufficient to form a belief as to the truth or accuracy of these allegations, and therefore, said allegations are Denied. 12.) Denied. After reasonable investigation, Defendants are without knowledge or information sufficient to form a belief as to the truth or accuracy of these allegations, and therefore, said allegations are Denied. < '-'-'~ d L 13.) Denied. After reasonable investigation, Defendants are without knowledge or information sufficient to form a belief as to the truth or accuracy of these allegations, and therefore, said allegations are Denied. 14.) Denied. After reasonable investigation, Defendants are without knowledge or Ii' 'cC information sufficient to form a belief as to the truth or accuracy of these allegations, and ,~ therefore, said allegations are Denied. 15.) Denied. After reasonable investigation, Defendants are without knowledge or information sufficient to form a belief as to the truth or accuracy of these allegations, and :" j', 1'; therefore, said allegations are Denied. ~, 16.) Denied. After reasonable investigation, Defendants are without knowledge or " , 1'; ": I"~ c information sufficient to form a belief as to the truth or accuracy of these allegations, and therefore, said allegations are Denied. 17.) Denied. After reasonable investigation, Defendants are without knowledge or information sufficient to form a belief as to the truth or accuracy of these allegations, and therefore, said allegations are Denied. COUNT II 18.) Paragraphs I through 17 are incorporated herein by reference as if set forth fully herein. 19.) Denied. After reasonable investigation, Defendants are without knowledge or information sufficient to form a belief as to the truth or accuracy of these allegations, and therefore, said allegations are Denied. ...-., tL 20.) Denied. After reasonable investigation, Defendants are without knowledge or information sufficient to form a belief as to the truth or accuracy of these allegations, and therefore, said allegations are Denied. 21.) Denied. After reasonable investigation, Defendants are without knowledge or information sufficient to form a belief as to the truth or accuracy of these allegations, and therefore, said allegations are Denied. WHEREFORE, Defendants demand judgment against the Plaintiff. t', NEW MATTER 23.) Paragraphs 1 through 22 are incorporated herein by reference as if set forth fully herein. 24.) Plaintiff filed a Complaint on October 14th, 1993, a copy of which is attached hereto and marked Exhibit "A" and said Complaint is against Defendant, HARRY J. WOLFINGTON. 25.) The same Exhibits attached to the original Complaint are also attached to the Amended Complaint. 26.) Plaintiff's Attorney and Defendants' Attorney negotiated a settlement in the amount of Three Thousand Dollars ($3,000.00), and said settlement was accepted by Plaintiff's Attorney, with only the details of the paperwork and releases remaining to conclude the matter. , . '-1, (' ="~ 27.) Attached and marked Exhibits "B" and "c" are letters to Plaintiff's lawfinn dated May 14th, 1996, and June 25th, 1996, respectively. 28.) Plaintiff's Attorney subsequently left Plaintiff's lawfinn, and second Attorney and a third Attorney became involved in the case. 29.) The third Attorney filed an Amended Complaint in September of 1996, asking for almost four (4) times in damages. WHEREFORE, Defendants, HARRY 1. WOLFINGTON and SEAN 1. WOLFINGTON, demand judgment against the Plaintiff, DICKINSON COLLEGE, in favor of said Defendants. ~-- RICK C. CAMPBELL, ESQUIRE Attorney for Defendants h'l:i(j;tt:{) - '~ VERIFICATION I, HARRY J. WOLFINGTON, Defendant, and on behalf of my son, SEAN J. WOLFINGTON, Co-Defendant in the within matter, being duly sworn according to law, hereby deposes and says that the facts set forth in the within ANSWER Tn AMENDED COMPLAINT AND NEW MATTER are true and COrrect to the best of my knowledge, information and belief. I also understand that statements herein are made subject to the' penalties of 18 Pa.C.S.A. Subsection 4904 relating to unsworn falsification to authorities. DATED: ij-'J,C;- 'lv /) / / , Defendant ;"1 " DICKINSON COLLEGE, Plaintitf . . IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. -'J"J...70 ~ /'1~3 : v. HARRY J. WOLFINGTON, Defendant . . : ; NOTIClj ~;u ha~9tbee~t~u~~ ~~QC~~~i~Wi~~ ~~~e:~S~~O~~:{Q~~k:q:~~~ :~:e!~ ~=~"t~.':~l d.;~ ~:~ :~~ ~~:~!:~ ~~~ ~:~~; ;~: ~e~v:~. bI ~n'oerinq a wri - h:a~~..~e ~~~~ al b ttor- nay andfll~nq i~ :ri;~n~ ~t~h ~~i ~ou~~ ~OU~ de;;~se: ~~ obj~9- f~O~B to the clQlm 8th .o;;~ ~;;~~s~ ;~~. ~~~ ~r~ wa~~:d that t~ ~~~ fail to dQ 80 e c ta~ ~r~~6~~ w~;e~~t I~~ ~nd ~ ~~~1~:n;0~a~n~em~~;;r~fa!i:!~~~ f~~ ~~m~~:i~~U~~ ~~;h~~~ ~~~;~er ~r;i~ 0: ~e{~~f r~guested bY.~~~ ~~at~~~f~~ y~~ ~~y i~;e ~~~:y or property or other riQhts ~m r n y. ~~ ~HOU!.D TARE THIS PAPER TO YOtJR ~W~~R ~T ON;~. ~ i~~ g~ ~gi ~~~E A LAWYER OR gA~~~~ ~t~o: o:"y ~v T~ g~T~~~~~O:~ ~H~ OFFICE SET FORTH BELOW T ER OU CA . L . ~ ... ~,)o.,. ~ ;-":'......; Cl... !....,~~....t co ~. ::...~';; "i C'\J ;~~~:;; r....'r') ,~~ -;~ :;:" .', "'::,.; COURT ADMINl6TRATOR Cumberland County Court House Fourth Floor Carlisle, PA 17013 (717) 240-6200 (""') .~o (,.) .0 '.'1 " 1'"0 I'.) "'::r .,. .'.., ~ McNEES, WALLACE & NURICK: '. Y.) ,~ ,.., '::..:;" r,) "." .c- .... w = .'" .....r.. By %~~ft\j\\~ Bre t O. Davis I.D. No. 62668 100 Pine Street P. O. Box 1166 Harrisburg, PA 17108-1166 (717) 232-8000 t~':':. Attorneys for Plaintiff Dickinson College Dated: In ~ 1\ , 1993 TRUE COPY FROM RECORD In Testimony whereof, I here unto set my lland ~. thf ~. of, 9id SOU~, qarllsle, Pa. II .-..... DICKINSON COLLEGE, : IN THE COURT OF COMMON PLEAS Plaintiff . CUMBERLAND COUNTY, PENNSYLVANIA . : v. : CIVIL ACTION - LAW . . HARRY J. WOLFINGTON, . NO. . Defendant . . COMPLAlij~ NOW COMES, Plaintiff, DicRinson College (hereinafter "Oickinson"), by its attorneys, McNees, Wallace & Nurick, and files the within Complaint against Harry J. Walfington. In support of its Complaint, Dickinson $tates as follows: 1. Plaintiff, Diokinson, is an educational institution of higher learning whioh maintains an address at P.o. Box 2896, Carlisle, Pennsylvania 17013. 2. Defendant, Harry J. Wolfington, is an adult individual whose last known address is 1939 County Line, Villanova, Pennsylvania 19085. 3. On or about October 3, 1989, Harry J. Wolfington (hereinafter "wolfington") entered into an Eduoational Goods <l.nd services-Retail Installment Contract (hereinafter "Contract #1") for expenses incurred tor goods and services to be provided and rendered to his son, SeanWolfington, by Dickinson during the 1989-1990 academic year. A true and correct copy of Contract #1 is attached hereto and made a part hereof as Exhibit A. 4. On or about October 4, 1990, Wolfin9ton entered into a Educational Goods and Services Retail Installment Contract ~ " \"-T '. (hereinafter "Contract #2") for expenses inourred for goodlil ",nd services to be provided and rendered to his son, Sean Woltington, by Dickinson during the 1990-1991 academic year. A true and correct oopy of Contract #2 is attached hereto and made a part hereof as Exhibit B. COUNT I . 5. Paragraphs 1 through 4 are incorporated herein by reference thereto. 6. Under the terms of contraot #1, Wolfington agreed to pay DiCkinson College Seven Thousand Dollars ($7,000.00) with a variable interest rate in one hundred fifty-two (lS2) equal monthly installments of Eighty-Eight Dollars and Eighty-Nine Cents ($Sa.89) commencing on October 30, 1989. 7. Under the termaof Contract 12, WOlfington agreed to pay Dickinson College Seven Thousand Dollars ($7,000.00) with a variZlble interlil'>': rate in one hundred fort.y (140) equal monthlY installments of Eighty-Eight Dollars and Fifteen Cents ($88.15) commencing on October 28, 1990. S. The Contracts further provide that n(i]t a payment is more than 15 days late, a sum equivalent to 5\ of the late payment (but no more than $250.00 and not less than $1.00) may be charged. II - 2 " \.'1 / ,,/"- 9. The Contrac~s further provide that it an event of default of the Contracts occu~s, and is not cured by the borrower, Dickinson has lithe right to declare all Bums due on the Contract to be iltllnediately due and payable. II 10. WOlfington defaulted on biB obligation under the Contracts by failing to make the required monthly payments when due. Despite being advised ot the default on his oblfgaticn, WOlfington has failed to cure such default. 11. In accordance with the terms ot the Contracts, Dickinson has declared the Contraots to be in default. The total ,amount which became due and owing to Dickinson by WOltington pursuant to the Contracts is Five Thousand Seven Hundred Eighty- Five Dollars and NinetY-Five Cents ($5,785.95), which includes interest through March 28, 1~93. 12. Dickinson has demanded payment of the obligation owed to it by WOlfington, but Wolfington has failed and refused to do ::",1 " "I ':: :', 1;',1 :" 'i' !~ ,: 1,,1 ::-1 ,~ i ,:j r: I'" C' ',': :::j ',! U 1"1 t) I Ii II " Ii " i'! c ~ ,.. ~j, r,! 1',1 I' ti 1j i_I '" " so, WHEREFORE, Plaintiff demands jUdqment against Defendant in the sum of Five Thousand Seven Hundred EightY-FivG Dollars and Ninety-Five Cents ($5,785.95), plus interest at $1.348 per diem - 3 - ~ I' . ' \... , ; I . , ;j McNEES, WALLACE & NURIC~ " 1 'I ':1 'i Ii !i II I'! ii r~ i ,e Ii I' f] Ii 1'1 !i c from March 28, 1993 until Wolfington's oblig~tion is paid in full CQsts of suit, and reasonable attorney's fees, which sum does not exceed the juriSdictional limit for compulsory arbitration. By ~ NJk() \) ~'" Brett D. Davis I.D. No. 62668 100 Pine Street P. O. Box 1166 Harrisburg, PA 17108-1166 (717) 232-8000 Attorneys for Plaintiff Dic~inson College , '11 ;1 i !I f'l I-I ': :i " :j ! ~ ;1 H " Dated: IQ' \ \- fi , 1993 ij ;! ,c Ii " c II ~ i ;: [J c: Ii Ii 'I 'I c II :i 'I :1 - 4 - ", 'I . . VEI3IFICATIQll SUbject to the penalti$s of 16 Pa. C.S. 54904 relating to unsworn falsification to authorities, I hereby certify that I am Thomas a. Meyer of Dickinson COllege, and I am autnorizect to Verify this Complaint on its behalf, and further, that the facts set forth in the foregoing Complaint are true ana qorrect to the best of my information and belief. ThO~ft-. May 14, 1996 Ms. Marilyn Katherman c/o McNees, Wallace & Nurick 100 Pine Street P.O. Box 1166 Harrisburg, Penna. 17108-1166 Re: Dickinson College v. Harry Wo1fington ::j Dear Marilyn: As I explained to you on the telephone, my clients will pay $2,500.00 now, or $3,000.00 in ninety (90) days to resolve the above matter, and I would ask that Dickinson College sign a Release to release both Harry J. Wolfington and his son, Sean. I will assume that Dickinson also will cooperate, in that, if there are any inquiries from a credit bureau, that they will report that the debt has been paid. ;j -'j (1 u I " H Thank you, and please call me if you should have any questions. ~:! I,'; Cordially, Patrick C. Campbell PCC:dh cc: Mr. Harry 1. Wolfington ~ ,'--' ~,. , June 25, 1996 Ms. Marilyn Katherman c/o McNees, Wallace & Nurick 100 Pine Street P.O. Box 1166 I!ancisburg, Peuna. 17108-1166 Re: Dickinson College v. Harry Wollin/non Dear Marilyn: Per my letter to you dated May 14th, 1996, we have settled the above matter, and I would appreciate it if you would advise me if your client would prefer to have $2,500.00 now, or $3,000.00 in ninety (90) days. Thank you, and I will wait to hear from you. Cordially, Patrick C. Campbell PCC:dh cc: Mr. Harry J. Wolfington L"-', PATRICK C. CAMPBELL ATTORNEY AT LAW 50 HAY MARKET LANE BRYN MAWR, PA 19010 (610) 525-3860 FAX (610) 525-7909 April 9, 1997 F. Stephenson Matthes, Esquire c/o McNees, Wallace & Nurick 100 Pine Street P.O. Box 1166 IIanisburg,P1\.17108-1166 Re: Dickinson College v. IIarrv Wolfington Dear Steve: Young Sean W olfington happens to be in town for a couple of weeks from San Francisco and I talked to him personally. IIe said that he is paying off two loans himself, one payable to the SSLSC and that loan has about $3,500,00 to go on it and his payments are around $70.00 a month. The second loan that he is paying offis through the Wachovia Bank but the check is payable to Dickinson College and there is approximately $3,400.00 left in that loan and he is paying that off at about the rate of $3 O. 00 per month. Please get back to me with regard to possibly settling the situation. PCC:ah cc: IIarry J. Wolfington PATRICK C. CAMPBELL ATTORNEY AT LAW 50 HA YMARKEI LANE BRYN MAWR PA 19010 1610) 525-3860 fAX (61 OJ 525-7909 December 28, 1998 , i I f: 1 I Ii fi I, I: (1 " l.i I ~ ;,{ " " F. Stephenson Matthes, Esquire c/o McNees, Wallace & Nurick 100 Pine Street PO Box 1166 Harrisburg P A 17108-1166 :1 Re: Dickinson vs. Wolfington I 'I II I,; :! Dear Steve: .. " :i , ;,1 n Enclosed is a copy of my last letter to you in March. Can we do anything to close this matter out? c ,j ;" ;j PCC:kdh Enc. . McNEES. WALLACE & NURICK ATTORNEYS AT LAW r ~Li. iO.JJ( ~ 100 PINE STREET P. O. BOX 1166 HARR1SBURG. PA 17108-1166 TELEPHONE: 17171232-8000 FAX 17171237.5300 http://www.mwn.com F. STEPHENSON MATTHES DIREct DIAL: (717) 237-5251 E-MAIL ADDRESS:FMATI1IES@MWN.COM January 27, 1999 Patrick C. Campbell, Esquire 50 Haymarket Lane Bryn Mawr, PA 19010 Re: Dickinson v. Wolfington Our File No. 00765-0085 Dear Attorney Campbell: I am in receipt of your last correspondence regarding the above-captioned matter. With respect to your inquiry as to whether there is a possibility of resolving this matter, Dickinson College is more than willing to work with your client to resolve this accpunt, however there can be no productive settlement discussions which require a release of both Mr. WOlfington and his son for the amount proposed for settlement. As I am sure you are aware, Mr. WQlfington's settlement proposal is approximately 15% of the outstanding debt, which continues to accrue interest daily. Not only is it impossible for Dickinson to accept this small percentage of the balance due, but it also gives them no reason whatsoever to release Sean from this obligation. I would ask that you discuss a more reasonable payment proposal with your clients or we will be forced to collect this account by whatever meanS necessary. Thank you for your cooperation with this matter to date. Very truly yours, McNees, Wallace & Nurick CL~oo"..- FSM/djp cc: Thomas Meyer, Dickinson College . COLUMBUS. OH . WASHINGTON. D.C. . ~ -- f , I I' f, I': ~1 I, I, f Ii Ii " l , , I. I:: U if. (e - ",,-- ,.'.. '---- CERTIFICATE OF SERVICE 1'1/ I hereby certify that on this IT day of December, 2000, a true and correct copy of the foregoing document was served by U.S. first-class mail, postage prepaid, upon the following: Douglas G. Miller, Esq. IRWIN, McKNIGHT & HUGHES West Pomfret Professional Building 60 West Pomfret Street Carlisle, Pennsylvania 17013 (. / I ji . L j ,/ I ~ \/:' X~ lAc "J (_/1./1/-\ .; it Charles T. Young, Jr'., Esq. K v i .I c .- ~ ~ j",^ .';',- ,-' .i'" .-, 0" ,"', ,."- ,-,"-',~~",---/,"--.;~,-, ',~- '~-">""",<,, ','."F', --",.."'.,,,~ '''~"\",.-"-,--,, -.0;-' ;;;0-.." ,-' , Ji~j ~~ Ii,! ;"1 Ti .', it! :,1 ~J il ~I c DICKINSON COLLEGE Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 00 - 4934 CIVIL TERM ~~i ~'I l' HARRY J. WOLFINGTON and SEAN J. WOLFINGTON, Defendants CIVIL ACTION - LAW PRAECIPE TO ENTER APPEARANCE i I I) I' "I ':1 ~ il :,1 u 'II ; ~. I' I' , ~! ! i, I II 'I Ii " !I II To Curtis R. Long, Prothonotary: Please enter my appearance on behalf of the Defendant, Sean J. W olfmgton, in the above captioned case. Respectfully Submitted, IRWIN, McKNIGHT & HUGHES Date: October 25, 2000 ~IJ NJJk Douglas . Miller, Esquire Supreme Court LD. No. 83776 West Pomfret Professional Building 60 West Pomfret Street Carlisle, Pennsylvania 17013-3222 (717) 249-2353 Attorney for Defendant, Sean J. Wolfmgton --,-,- ~",'~ _f""';'''"~~~ !$ltf~- ","- ,." -, .~' 'e' "" '" ~'c~'c,"," " .. . "" c' '" \:~! (_":J '--::' o~ Ie ') 5:; "'"; c, c', - :;} (,,; ~ C , _..l ;::::: " '-;'< ;~~' r\J '";." ~':f ;.. -, f " ,.>-~. ~~ ,. , ~ ,,-.. -- """"'''''''''J PRAECIPE FOR LISTING CASE FOR ARGUMENT (MuSt be typewritten and sul:rnitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please list the within rratter for the next Argunent Court. ------------------------------------------------------------------------------------.--- CAPTION OF CASE (entire caption must be stated in full) DICKINSON COLLEGE (Plaintiff) vs. HARRY J. WOLFINGTON and SEAN J. WOLFINGT0N (Defendant) l'b. 00-4934 Civil ~x 1. State rratter to be argued (Le., plaintiff's rrotion for new trial. defendant's danurrer to canplaint, etc.): Defendant Sean J. Wolfington's Preliminary Objections to Complaint 2. Identify counsel who will argue case: ( a ) for plaintiff: ~s: Charles T. Young Jr. of McNees, Wallace & Nurick P.O. Box 1166, Harrisburg, PA 17108 (b) for defendant: Douglas G. Miller of Irwin, McKnight & Hughes ~s: 60 West Pomfret Street, Carlisle, PA 17013 3. I will notify all parties in writing within tw:l days that this case has been listed for argurent. 4. ArguIent Court Date: January 3, 2001 Dated: December II, 2000 (jj! f : , tv Attorney for ! / ! i (!~ v/ __ ~iiainti t_U:"'~'~~'Oj","'~,:Oii",i,*,-~~g-\!;Yi;"~~ill:hi1i#ft:.O'i"~h~""1!lb'~'ii't,.>\..<i':'_W;~.,;*,oi'&')~" ,- ,_",tc""~,,,,,,,,'W.'a.~~"""'t>'~'Ji(i~'''''''' ,!JiiJr, "~~ <~ ~ .. ..,.> '"" " !iIDlliLi ~, .il:dilli..1U "- I~~-I ~~.~ .. '", 0 Cl 0 C 0 -0 ~ Cl ,--l -00) Pl ~- mn"l C") :"-!l:r:! Z'X'l ,- 65C ..:::::;:=q -<2' ''0 ;:~;S k:\.,,) """ -"11 ~o :x f~"'\ ~4tS -0 ~ 6fn :>c ..-j :z ~,. =<! (J1 ::0 -< t~_._.,.-,~-~", '= ~c..~ - ~"J ~,~ ' _~ .1.,- ~" ....,AIL" SHERIFF'S RETURN - OUT OF COUNTY CAJE NO: 2000-04934 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND .? - , DICKINSON COLLEGE VS WOLFINGTON HARRY J ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: WOLFINGTON SEAN J but was unable to locate Him in his bailiwick. He therefore deputized the sheriff of DELEWARE County, Pennsylvania, to serve the within COMPLAINT & NOTICE 6th , 2000 , this office was in receipt of the On October attached return from DELEWARE Sheriff's Costs: Docketing Out of County Surcharge Dep. Deleware Co 6.00 9.00 10.00 34.25 .00 59.25 10/06/2000 MCNEES, WALLACE ~~ R. Thomas Kline Sheriff of Cumberland County & NURICK Sworn and subscribed to before me this t:P 4. day of (O~ ;;Mrov A.D. 0,. 'f'L-- () fu.J i; ..,,~ Prothonotary iill "' -<><-- - . ~ ...~""~ " . , SHERIFF'S RETURN - OUT OF COUNTY . " , . CASE NO: 2000-04934 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DICKINSON COLLEGE VS WOLFINGTON HARRY J ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: WOLFINGTON HARRY J but was unable to locate Him in his bailiwick. He therefore deputized the sheriff of CHESTER County, Pennsylvania, to serve the within COMPLAINT & NOTICE 6th , 2000 , this office was in receipt of the ~. On October attached return from CHESTER Sheriff's Costs: Docketing Out of County Surcharge Dep. Chester Co 18.00 10.00 9.00 150.00 .00 187.00 10/06/2000 MCNEES, WALLACE ,- ~ . Thomas ~lJ.ne ' Sheriff of Cumberland County & NURICK Sworn and subscribed to before me this .p;; (q- day of (P~ ,}rroi) A.D. Or-,-"g~.~ Prothonotary ".~ .. ,Ii' ~'l'HI . " '"''llo.-'_ SHERIFF'S RETURN - OUT OF COUNTY ," ,'. CASE NO: 2000-04934 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DICKINSON COLLEGE VS WOLFINGTON HARRY J ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: WOLFINGTON SEAN J but was unable to locate Him in his bailiwick. He therefore deputized the sheriff of MONTGOMERY County, Pennsylvania, to serve the within COMPLAINT & NOTICE 6th , 2000 , this office was in receipt of the :;j j,-' 1,:1 c :01 On October attached return from MONTGOMERY .00 9.00 .00 33.00 .00 42.00 10/06/2000 MCNEES, WALLACE So ans~ ~~as Kii - - / Sheriff of Cumberland County ,1 :.:i Sheriff's Costs: Docketing Out of County Surcharge Dep. Montgomery ',1 , J :'1 'I; :~ & NURICK L(, this 6 ~ day of (!)~ I~ ;':1 ::1 I';! ,:1 I ~ " ~I Sworn and subscribed to before me 026-lrD A.D. qy, (J n."I;-'..J~ Prothonota .' .' ~/ldr ~w 'ot llCUtnbi'l't ~~v. '''~qQ @CtI C/131) . RONNY R. ANDERSoN Chief Deputy PATRICIA A, SHAnO Real Estate Deputy One Courthouse Square Carlisle, Pennsylvania 17013 ,;,', co .t:- f',;, Dear Sir: RE: Dickinson College vs Harry J. WOlfington, et. al. Serve: Harry J. Wolfington 20-4934 Civil/ Notice & Complaint Enclosedpleap:4nd Notice & Complaint tobeserveduPo~Harry J. knlfinqrnJ. 'iOl WAi'lrhAr"ton~ Drive 719 Paoli, PA 19301 in your County. Enclosed is the advance payment which you requested. SWorn and SubsCribed to befOr8ij J/dI dayof ,200~ ~tm;1a~ very12s,. ,'. tr. ". rtl'lC ~:., R. Thomas Kline, sle~ Cumberland County, Pennsylvania - Kindly make service thereof and send us your retnrn of service. P / 7-;J.. (. r7ooc) e I' () /l/ (;4J /1- ~<-{.~c)(;) t!--ID3~pJJJ!1 '7 ' "2../7. J..-pOt/ tt. "- )...S-fiJm Enclosures: .-/ I ttJ 13 /. J \1 ~~"~ rJo1-- 7v LUl d - ~ifT.Q.of - ~~-~ . , . .In ,Tbe Court of Common PI~as ol Cumberland Cqunty, PennsYlvania Dickinson College VS. Harry J. Wolfingtoni et. al Serve: Harry J. Wolfington No. 20-4934 Civil Now, 7/13/00 ,20 () () , I, SHERIFF OF CUMBERLAND COUNTY, P A, do hereby deputize the Sheriff of Chester County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. , r~~# Sheriff of Cumberland County, P A Affidavit ()If Service Now, , 20_, at o'clock M. served the within upon at by handing to a copy ofthe original and made Imown to the contents thereof. So answers, Sheriff of County, PA Sworn and subscribed before me this _ day of 20 '- COSTS SERVICE lvITLEAGE AFFIDAVIT $ $ . ." -"; 0291472 R E C E I P T SHE R IFF I S D E PAR T MEN T WEST CHESTER CHESTER COL~Y, PENNSYLVANIA NO. .oOCU4934 'TIffiU DATE 07/28/00 PLAI}""'TIFF DICKINSON COLLEGE DEFENDANT HARRY J WOLFINGTON ET AI, FILED BY CHARLES T YOL~G 01 TYPE OF TRANSACTION ESCROW REMlLJ<KS 2C C/CA 250.00 0.00 SALES T1LX TOTAL CHECK #: 29169 CASH CF.ll.l~GE POA ~~RIA.~IE SCF~RFF ~ , , 150.00 0.00 150.00 CLERK ~"~ ~-~" ~0l~ll<J;;;1il~1'!:'~ r"lr""""rr1~~_" _ "~- Jiilf-W COSTS CALL (215) 344-6850 SERVICE CALL (215) 344.6862 SHERIFF OF CHESTER COUNTY 8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEOmNG SERVICE: NOlE ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN-Any deputy shen" levying or attaching any property under within wnt may leave same without a watchman. in custody of whomever is found in possession, after notifying person of levy or attachment, without liability on the part of such deputy or the sheriff to any plaintiff herein for any loss, destructioJ:! or removal of any such property before sheriffs sale thereof. 9. PRlNTITYPE NAME AND ADDRESS OF ATTORNEY/ORIGINATOR ATTY ID# Chtl)'1lS /. VbWlj I t~u.ite r 0 & ~ D 100 PUlL st. (J.O. 6()Xllltlt HarrtrlJurg. p~ 1710<;- LI /..p (p !o I' i~' , 16. I hereby CERTIFY and RETURN that I 0 have personally S81V8d, 0 have legal evidence of service as shown In "Remarks", 0 have executed as shown in "Remarks". the writ or complaint described on the IndMdual, company, corporation, etc., at the address shown above or on the individual. company, corporation, etc., at the address inserted below by handing a mUE and ATTESTED COPY the...!. 17. 0 I hereby certify and return a NO SERVICE because I am unable to locate the individual. company, corporation, etc., named above. (See remarks below) 18. Name and title of individual served (if not shown above). 19. A person of suitable age and discretion then residing, in the defendant's usual place of abode 0 20. Address of where served (complete only if different than shown above) (Street or RFO, Apartment No,. City, Boro, Twp., Stale and ZIP Coda) 21. Date of Service 22. Time AM PM EST EDST 30. REMARKS: 23. ATTEMPTS Da1a 24. Advance Costs SHERIFPS SALE SCHEDULED FOR: DAM DATE: TIME:_ D PM . {IF YOU WISH TO PROCEED WITH SALE-ADVISE THIS OFFICE 24 HOURS PRIOR TO SALE DATE. NOT AFFIDAVIT OF SERVICE SO ANSWER 31. AFFIRMED and subscribed to before ma this 34. day of 19 32. Signature of Dep. Shariff 35. Signature of Sheriff 33. Date 37. 36. Date ProthonotarylDeputylNotary Public MY COMMISSION EXPIRES 38. I ACKNOWLEDGE RECEIPT OF THE SHERIFF'S RETURN SIGNATURE } OF AUTHORIZED ISSUING AUTHORITY AND TITLE. 1. ISSUING AUTHORI:rv 2. ATTORNEY 3. SHERIFF'S DEPARTMENT SHERIFF OF CHESlER COUNTY 39. Date Received 4. SHERIFF'S DEPARTMENT "', "", '. .,' '~',~ ~ In The Court of Commolll Pleas of Cumberland COUlIlty. Pennfvl)V$Hllia ., ~ 'l Dickinson College '\;" VS. Harry J. Wolfington, et. Serve: s~an J.Wolfinqton 7QO Ardmore Ave, "Apt 206 Ardmore PA 19003 ' al. r f/ vdb i LIlt I <'6'6' Now, 8/1/00 hereby deputize the Sheriff of Deleware County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. ,SfiCIALSEftWCE ~~~i! Sheriff of Cumberland County, PA Now , Affidavit of Service ,20tlt?at /:jVo'clock ;:! M. served the upon at by handing to a copy ofthe original and made lmown to the contents thereof. SEP 0 6 2000 County, P A Sworn and subscribed before methiS~dayof~ ,2oH ~tl fr:7Ju~~ NOTAflIAL SEAl KATHLEEN E. Mc:CUEN, Notary Publlc Media Borougll. Delawwe Coun1y M Commission s A rIt 7, 2002 COSTS SERVICE MILEAGE AFFIDA VIr $ $ iIlIIllIIi- -~' AttorQy No.' Plaintiff , , Defendant" '0'_' " CUSTOMER COpy SHERIFF'S OFFICE MEDIA, Delaware Co., Pa. 19063 246188 :iy , DCde Cltttib ~hW11 Cj .'. (./, '-/ f d II . .:? ji/ffl " '.. 7 Term Vlj ..,~U;1 LWLe~ w~-:4;FJ1. I);f/: Jt!f t/ II :3t/:?~ '(j) .' .t1'U'7tt1f dtl.-t 4-d.1! 0 , ~17/2()t!<() . c ~ ~nwR1la,?l- . (jO. ~ ~lZ . o/t~ ., ~~~ ;;550 . .(;,75 J ,v{) 31. :2~ - ",..-J " "_,lll~.,; . . ~ "" -J" -..w: " .,~ , . NUMBER W-4166 July 28, 2000 COMMONWEALTH OF PENNSYL VANIA COUNTY OF MONTGOMERY , Dickinson College Vs. Harry J. Wolfington 700 Ardmore Ave. Ardmore, P A NO SERVICE SO ANSWERS......................Johwp. Vw-MIt"e-- SHERWFOFMONTGOMERYCOUNTY Deputy Sheriff Galluzzo This location is in Delaware County. July 26, 2000 @10:50. SDForm032-1 May 86 - ......."'"w.. '~~IiIllIl;liT': ~In The Court of Common Pleas of Cumberland County, Pe~m,sylvania ~,' Dickinson College VS. ; Harry J. Wolfingtoo, Serve: Sean J. Wolfingtoo . et. al. No. 20-4934 Civl Now, 7/13/00 , 20 0 (j , I, SHERIFF OF CUJ'v.IBERLAND COUNTY, P A, do hereby deputize the Sheriff of Mon t gomery County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. " r~~' Sheriff of Cumberland County, PA Affidavit of Service Now , ,20 , at 0' clock M. served the within upon;" , at by handing to a copy oHhe original and made lrnown to the contents thereof. So answers, Sheriff of County, PA 20 '- COSTS SERVICE MILEAGE AFFIDAVIT $ Sworn and subscribed before me this day of $ ~t.l..U~ i-.J~""~ I Type of T ransa~ti~ 6()f! Docketing and Service Additional Defendant Surcharge Writ of Execution Garnishment Interogatory Affidavit-Notary Pistol Permit No. Property Claim Poundage Notarial Certificate Sheriff's Acknowledgment Prothonotary Acknowledgment Mileage Additional Mileage 80205 " ~~ -~,,-~- ,~ SHERIFF'S OFFICE COUNTY of MONTGOMERY CDURT HDUSE AIRY AND SWEDE STREETS NORRISTOWN, PEf~N,$YLV A 194 TELEPHONE (610) 8.3 31 CUSTOMER'S COpy , 3002.21 c.33 FIVE TIlOUSAND FORMS ,J '..-"'..... ~~ 0- ,-.. . , ~ " ' DICKINSON COLLEGE, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW HARRY J. WOLFINGTON and SEAN J. WOLFINGTON, Defendants : NO. 00 - .l.{93'l (}oll t-~ NOTICE TO DEFEND 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 objec- tions to the claims set forth against you. You are wamed 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 LAWYER AT ONCE. IF YOU DO NOT HA VB A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE TIIE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 Telephone: (717) 249-3166 ~"- '-0 -,""'" 25 ". -," .. .r;;- I\J TRUE COpy FROM RECOJlfO In TestimOny whereof, I here.unto!>llt my hand and '"tile".,' . ersa,i,d, .,:;OO,coor. atcilf,',lisle. Pa. ThW~~'",'~, "-,~, ~) , ~ _~~"~'IJ-~_~~~ ,", ' e_ , . A V1S0 USTED HA smo DEMANDADO/A en corte. Si usted desea defenderse de las demandas que se presentan mas adelante en las siguientes paginas, debe tomar accion dentro de los proximos veinte (20) dias despues de la notificacion de esta Demanda y A visa radicando personalmente 0 por medio de un abogado una comparecencia escrita y radicando en la Corte por escrito sus defensas de, y objecciones a, las demandas presentadas aqui en contra suya. Se Ie advierte de que si usted falla de tomar accion como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda 0 cualquier otra reclamacion 0 remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Usted puede perder dinero 0 propiedad u otros derechos importantes para usted. USTED DEBE LLEV AR ESTE DOCUMENTO A SU ABODAGO IMMEDIATAMENTE. S1 USTED NO TIENE UN ABOGADO 0 NO PUEDE PAGARLE A UNO, LLAME 0 VAYA A LA S1GUlENTE OFIClNA PARA A VERlGUAR DONDE PUEDE ENCONTRAR ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 Telephone: (717) 249-3166 McNEES, WALLACE & NURlCK ( ., Pc)' II ~. 1.)1\ \ ., I \ '/1 J(/I/ ~ ' . ---v/ Charles T. Young, J., Esquir I Attorney I.D. No.8." 680 100 Pine Street P. O. Box 1166 Harrisburg, PA 17108-1166 (717) 232-8000 , IJ 1/ ~ ' //1.,/ /j By Attorneys for Plaintiff Dickinson College ~.~ ". ~ - . DICKINSON COLLEGE, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW HARRY 1. WOLFlNGTON and SEAN J. WOLFlNGTON, Defendants : NO. COMPLAINT 1. Plaintiff Dickinson College ("Dickinson") is a Pennsylvania educational institution with its principal offices located in Carlisle, Cumberland County, Pennsylvania 17013. 2. Defendant Harry J. W olfington ("Parent") is an adult individual whose last known address is 501 Weatherstone Drive, Paoli, Pennsylvania 19301. 3. Defendant Sean 1. W olfington ("Student") is an adult individual whose last known address is 700 Ardmore Avenue, Apartment 206, Ardmore, Pennsylvania 19003. COUNT I DICKINSON COLLEGE V. HARRY J. WOLFINGTON BREACH OF CONTRACT 4. Paragraphs 1 through 3 are incorporated herein by reference as if set forth in full below. 5. On or about October 3,1989, Parent entered into an Educational Goods and Services Retaillnstallment Contract ("Contract 1 ") for expenses incurred for goods and services to be provided and rendered to his son Sean Wolfington, by Dickinson during the 1989-90 academic year. A true and correct copy of the contract is incorporated by reference and attached as Exhibit "A. " 6. Under the terms of Contract 1, Parent as "Buyer" agreed to pay Dickinson Seven Thousand Dollars ($7,000.00) with a variable interest rate, ,in one hundred fifty-two (152) equal monthly installments of Eighty Eight Dollars and Eighty-Nine Cents ($88.89) commencing on October 30, 1989. -1- . ~ , I 7. On or about October 4, 1990, Parent entered into an Educational Goods and Services Retail Installment Contract ("Contract 2") for expenses incurred for goods and services to be provided and rendered to his son Sean W olfington, by Dickinson during the 1990-91 academic year. A true and correct copy of the contract is incorporated by reference and attached as Exhibit "B." 8. Under the terms of Contract 2, Parent as "Buyer" agreed to pay Dickinson Seven Thousand Dollars ($7,000.00) with a variable interest rate, in one hundred forty (140) equal monthly installments of Eighty Eight Dollars and Fifteen Cents ($88.15) commencing on October 28, 1990. 9. Section II of the Contracts provides that, "If a payment is more than 15 days late, a sum equivalent to 5% of the late payment (but no more than $2.50 and not less than $1.00) may be charged." 10. Section VI, Paragraph 3(a) of the Contracts provides that, "Buyer shall be deemed to have committed an 'Event of Default' of the Contract upon the occurrence of any of the following: (a) failure to make any payment on or before the date it is due,..." 11. Section VI, Paragraph 4 of the Contracts provides that if an Event of Default of the Contract occurs, and is not cured by the Buyer pursuant to the Notice of Default, Dickinson has "the right to declare all sums due on the Contract to be immediately due and payable." 12. Parent defaulted on the Contract by failing to make the required monthly payments on t!Ie Contract when due. 13. Counsel for Dickinson notified Hany Wolfmgton of his default under the loan and demanded payment thereunder, but Defendant Harry W olfmgton has failed and refused to make such payment. 14. Parent has failed to cure suchdefa!llts. -2- h_ .',,, 15. Therefore Dickinson has exercised its right to declare all sums due on the Contracts to be immediately due and payable. 16. The total amount which has become immediately due and payable to Dickinson by Parent pursuant to the Contracts is Twenty Five Thousand Five Hundred Twenty Two Dollars and Twenty-five Cents ($25,522.25), which includes principal in the amount of Thirteen Thousand Five Hundred Three Dollars and Thirty-three Cents ($13,503.33), interest in the amount ofTen Thousand 1 "I :,<t ~:i Nine Hundred Five Dollars and Twenty-one Cents ($10,905.21), late fees in the amount of One Thousand One Hundred Thirteen Dollars and Seventy-One Cents ($1,113.71), plus reasonable attorney's fees and collection costs. WHEREFORE, Plaintiff Dickinson College demands judgment against Parent Harry J. Wolfington in the sum of Twenty Five Thousand Five Hundred Twenty-Two Dollars and Twenty-five Cents ($25,522.25), plus interest from June 26, 2000 at the rate of One Dollar and Fifty-seven Cents ($1.57) per day, late fees, costs of suit, attorneys' fees and collection costs. COUNT n DICKINSON COLLEGE V. SEAN J. WOLFINGTON BREACH OF CONTRACT 17. Paragraphs 1 through 16.are incorporated herein by reference as if set forth in full. 18. Sean Wolfmgton, by signing as a co-signor of Contract 1 and Contract 2, agreed to repay all amounts due on the loans if Harry Wo1fington failed to do so in accordance with the terms of the respective notes. -3- ~ ~ 0' - 19. Because Parent has failed to make payments due causing the Contract to be in default, Student is obligated to repay all amounts due under the Contract. 20. Counsel for Dickinson notified Sean Wolfington of his default under the loan and demanded payment thereunder, but Defendant Sean Wolfington has failed and refused to make such payment. 21. The total amount which has become immediately due and payable to Dickinson by Student pursuant to the Contracts is Twenty Five Thousand Five Hundred Twenty Two Dollars and Twenty-five Cents ($25,522.25), which includes principal in the amount of Thirteen Thousand Five Hundred Three Dollars and Thirty-three Cents ($13,503.33), interest in the amount ofTen Thousand Nine Hundred Five Dollars and Twenty-one Cents ($10,905.21), late fees in the amount of One Thousand One Hundred Thirteen Dollars and Seventy-One Cents ($ 1,113.71), plus reasonable attorney's fees and collection costs. WHEREFORE, Plaintiff Dickinson College demands judgment against Student Sean J. Wolfington in the sum of Twenty Five Thousand Five Hundred Twenty-Two Dollars and Twenty-five Cents ($25,522.25), plus interest from June 26, 2000 at the rate of One Dollar and Fifty-seven Cents ($ I .57) per day, late fees, costs of suit, attorneys' fees and collection costs. -4- COUNT ill DICKINSON COLLEGE V. SEAN J. WOLFlNGTON IN QUANTUM MERUIT In the alternative, if this Honorable Court should determine that an express contract between Dickinson and Sean J. W olfmgton does not exist, which is denied, Dickinson pleads the following Count In Quantum Meruit. 22. Paragraphs 1 through 21 are incorporated herein by reference as if set forth in full. 23. Having requested Dickinson to loan money, and doing so to the benefit of Sean J. W olfington, Student became liable to Dickinson for said money. 24. Sean J. Wolfington has been unjustly enriched by accepting said money without paying Dickinson reasonable compensation therefor. 25. The total amount by which Sean J. Wolfington has become enriched on account of the money loaned is Twenty Five Thousand Five Hundred Twenty Two Dollars and Twenty-five Cents ($25,522.25). 26. Dickinson has demanded payment of the above sums but Sean J. W olfmgton has failed and refused to do so. WHEREFORE, Plaintiff Dickinson College demands judgment against Student Sean J. W olfington in the sum of Twenty Five Thousand Five Hundred Twenty-Two Dollars and Twenty-five -5- "'. -',. Cents ($25,522.25), plus interest from June 26, 2000 at the rate of One Dollar and Fifty-seven Cents ($1.57) per day, late fees, costs of suit, attorneys' fees and collection costs. McNEES, WALLACE & NURlCK (///J J /'. {I By "J/1Jl1./1/ \!' ",(j/\./\ Charles T. Young, Jr., Es~uiIe /) , I.' Attorney LD. No.80680' i/ 100 Pine Street P.O.Boxl166 Harrisburg, PA 17108-1166 (717) 232-8000 Attorneys for Plaintiff Dickinson College Dated: Jv i_ 'f IV, 2000 -6- .",,\ /J \1 , , i/ '../ ,~~. '_.,-, E h"b."t "A" XI.'I >- -" lo",,- .t.. ~ !\. ~'~ . " c \. DIQGNSON COLLB3E FLEXIBLE FINANCING SYSIDI - 7000 PLAN EDUCATIONAL GOODS AND SERVICES RETAIL IN5'TAI1.MENT CONTRACT Date October 3, 1989 1. Seller: Dickinson College, Carlisle. Pennsylvania 17013 Harry J. Wolfington 1939 County Line Road Villanova, PA 19085 Buyer(s) : If there is more than one Buyer, each of you will be obligated, jointly and severally, for all sums due and for the performance of all agreements as provided in this Contract. Under the terms of this Educational Goods and Services Retai 1 Installment Contract, you have agreed. to pay the expenses incurred. for goods and services to be provided. and rendered. as the case may be, to Span Wnlfingtnn (hereinafter "Student") during hislher enrollment at Dickinson College during the1989-90 academic year. including tuition, room and board. books and supplies as herein stated. (hereinafter the "Goods and Services") , The Goods and Services shall include only tuition, room and board. II. TERMS OF PAYMENT AND PAYMENT SCHEDULE Disclosures Required. by Federal Law ANNUAL PERCENTAGE FINANCE CHARGE: AMOIJN1' FINANCED: TOTAL OF PAYMENTS: TOTAL SALE RATE: * Dollar amount Amount of credit Amount paid by . PRICE: Cost of cred.i t as cred.i t wi 11 provided by , Buyer as total of Total cost of yearly rate cost Buyer Dickinson College all scheduled purchase on payments cred.i t . in- - cluding down payment of ,. I $ 10,300.00 11.79.1 % $ 6,511.28 I $ 7 ,000.00 $ 13,511.28 $ 17,300.00 ',' Rev 9/89 - , . - " ,. ,'.". ,- , . , Buyer's payment schedule wilt be as follows: Number of Payments Amount of Payments When Payments are Due . 152 $88.89 Monthly commencing 10/30/89 unti 1 6(30/02 *Variable Rate: Late Charge: Prepayment: The ANNUAL PERCENTAGE RATE disclosed above is a variable rate and may change. The ANNUAL PERCENTAGE RATE may increase during the tem of this transaction if the 'prime rate.of interest announced in the Wall Street Journal as of the close of business on June 30 of each calendar year increases. and will be increased to the prime rate plus 1%. The ANNUAL PERCENTAGE RATE wi 11 not increase more than once a year. and the new interest rate will become effective on July 1 following the increase. if any. in the prime rate of interest. Any increase will be in the fom of higher payment amounts. If your cost of the Goods and. Services sold hereunder were $ 7000.00 at 12.00 % per annum. for ~ months. and. the prime rate plus 1% were increased to 13.00 %, your regular monthly payments would increase to $ 93.12 Further, the ANNUAL PERCENTAGE RATE will not increase to more than 18% or such other rate as may be permitted under the Pennsylvania Goods and Services Installment Sales Act. If a payment is more than 15 days late. a sum equivalent to 5% of the late payment (but no more than $2.50 and. not less than $1.00) may be charged. Buyer may prepay the unpaid balance of the Amount Financed and. any FINANCE CHl\RGE due through the date of early payment. in full or in part. without penalty. SEE SECI'ION VI OF TIlE CONTRACT BEWW FOR ANY ADDITIONAL INFORMATION AIDUT NON-PAYMENT, DEFAULT AND RmUIRED REPAYMENT =ORE TIlE SCHEDULED DATE FOR REPAYMENT OF TIlE AMOUNT FINANCED . III _ ITEMIZATION OF AMOUNI' FINANCED 1. Cash price of Goods and Sarvices: $ 17, 100 nn 2. Total down payment: 10,1nn nn 3. Unpaid balance of cash price (1 - 2) : 7 nOl) 00 , 4. Amount paid to others on Buyer's behalf: $ 7,000.00 5. Amount Financed (3 + 4): " 2 .' - \. IV. CREDIT INSURANCE \ Credit life insurance for the term of this Contract is not required. V. NO WARRANTIES VI. ADDITIONAL PROVISIONS I: Ii ! I, I I' I; 'mERE ARE NO WARRANTIES, ETIHER EXPRESSED OR IMPLIID, GIVEN BY SELLER IN CONNEX:TION WI1H SALE OF 1HE GOODS AND SERVICES COVERED BY 1HIS CONTRACT UNLESS BUYER HAS BEEN GIVEN A SEPARATE WRITIEN WARRANTY. 3.. Buyer agrees to pay Seller the Total Sale Price by making the total down payment and paying Seller the Total of Payments in the number and amount of monthly payments shown in the Payment Schedule. Payments are due on or before the same date of each month as the first payment date. Payments must be made to First Wachovia, Inc. at the following address: First Wachovia, Inc. P.O. fux 70095 Charlotte, NC 28272-0095 , I !i " I , [ I 2. Buyer's legal rights include the right to pay all or part of the amounts due on this Contract in advance of their due dates, to obtain a refund or credit of unearned Finance Charge whenever the amount is paid in full in advance, and (with Seller's consent) to reinstate the Contract if Buyer timely cures any default. 3. Buyer shall be deemed to have committed an "Event of Default" of the Contract upon the occurrenCe of any of the following: (a) failure to make any payment on or before the date it is due, (b) failure to make a payment on any other Contract outstanding with Seller, (c) failure to perform any other provision of the Contract, ' (d) providing Seller with false information or signatures, (e) death, incompetence, or conviction of any Buyer of crime involving fraud or dishonesty, (f) insolvency or bankruptcy of any Buyer_ 4. Upon or after the occurrence of any Event of Default, Seller will provide Buyer with notice, by certified mail as required by law, addressed to Buyer's last known address as shown on Seller's records, advising Buyer of the default and of Buyer's right to cure the default. The notice will provide the time, amount and performance necessary to cure the default. If Buyer does not cure the default as provided in the notice, Seller's rights shall include the right to declare all SUlIlS due on the Contract to be immediately due and payable. The Buyer agrees to pay all attorney's fees and other reasonable collection costs and charges necessary for the collection of any amount not paid when due. 5. Waiver by Seller of any Event of Default shall not be binding upon Seller if Seller should thereafter choose to exercise that or any other right ora similar Event of Default occurs later. All Seller's rights and remedies shall be cumulative. Seller's exercise of one or more rights shall not cause Seller to lose any other rights. 6. This Contract is freely assignable by Seller. Buyer agrees that upon receiving notice of ,the assignment Buyer shall be obligated to the Assignee of this Contract, which Assignee shall have all of Seller's right and remedies. 3 "~-' IIiIhI"" , " ~~ ~ - ., " 7: If any part of this Contract is held to ~ illegal. void or unenforceable, that provision shall be deemed not to have been a part of this Contract, which shall otherwise remain fully effective. 8. APPLICABLE LAW: This Agreement, whenever called upon to be construed, shall be governed by the domestic internal laws of the Commonwealth of Pennsylvania except to the extent supplemented. superseded or preempted by federal law. 9. CONSENT TO JURISDICITON. VENUE AND SERVICE: The parties to this Agreement consent and agree that all legal proceedings relating to the subject matter hereof shall be maintained in the Court of Common Pleas of CUmberland County. Pennsylvania. or. if applicable. the United States District Court of the Middle District of Pennsylvania, and all parties hereto consent and agree that jurisdiction and venue for such proceedings shall lie exclusively within said court. Service of process in any such proceeding may be made by certified mail, return receipt requested. directed to the respective party at the address set forth above. 10. This Contract shall be binding upon the parties hereto. their heirs. successors, assigns and legal representatives. 11. TIME IS OF TIlE ESSENCE OF 1HIS CONTRACT. NOTICE: ANY HOLDER OF THIS CONSUMER CREDIT CONTRACT IS SUBJECT TO AlL CLAIMS AND DEFENSES WIfICH TIlE DEBTOR COULD ASSERT AGAINsr TIlE SELLER OF GCODS OR SERVICES OBTAINED PURSUANT Iil:iililO OR WITH TIlE PROCEEDS HERIDF. RECOVERY HEREUNDER BY TIlE DEBTOR SHALL Nar EXCEED AMOUNTS PAID BY TIlE DEBTOR HEREllNDER_ NCil'ICE TO BUYER: (1) ro NCil' SIGN 1HIS AGREEMENT BEFORE YOU READ IT OR IF IT CONTAINS ANY BLANK SPACE. (2) YOU ARE ENTITLED TO A COMPLErELY FIILED--IN COpy OF THIS A~. (3) UNDER TIlE LAW. YOU HAVE TIlE RIGHT TO PAY OFF IN ADVANCE TIlE FULL AMOUNT DUE AND UNDER CERTAIN CONDITIONS TO OBTAIN A PARTIAL REi:1JND OF TIlE FINANCE CHARG'E. F THIS CONTRACf AND INIEND(S) TO BUYER(S) : I AGREE TO REPAY AIL AMOUNTS DUE ON 1HIS WAN IF TIlE IDRROWER(S)!BUYER(S) FAILS TO ro SO IN ACCORDANCE wrrn OF NOTE: sruDENT COSIGNER , { DATE: DICKINSON COI..LIDE 10)03/ fJ'i , BY ~e- 4 -':'llIli Exhibit nBn , l-,< ~"1':: " ~ .1 ~~ ~ ek' (. .L " \. DICKINSON COu..:Er3E FlEXIBLE FINANCING SYSTEM - 7000 PLAN EDUCATIONAL GOODS AND SERVICES RErAIL INSI'ALUlENT COl>ITRAcr Date October 4, 1990 1. Seller: Dickinson College, Carlisle, Pennsylvania 17013 Harry J. Wolfington 1939 County Line Road Villanova, PA 19085 Buyer(s) : If there is more than one Buyer, each of you will be obligated, jointly and severally, for all sums due and for the performance of all agreements as provided in this Contract. Under the tenns of this lliucational Goods and Services Retail Installment Contract. YOll have agreed to pay the expenses incurred for goods and services to be provided and rendered, as the case may be, to Sean (hereinafter "Student") during his/her enrollment at Dickinson College during the 1990-91 academic year, including tuition, room and board, books and supplies as herein stated (hereinafter the "Goods and Services"). The Goods and Services shall include only tuition, room and board. II. TERMS OF PAYMENT AND PAYMENT SCHEDULE Disclosures Required by Federal Law ANNUAL PERCENTAGE FINANCE CHARGE: AMOUNT FINANCED: TOTAL OF PAYMENTS: TOTAL SALE RATE: * Dollar amount Amount of credit Amount paid by PRICE: Cost of credit as credi t wi 11 provided by Buyer as total of Total cost of yearly rate cost Buyer Dickinson College all scheduled purchase on payments credi t . in- ,- eluding down payment of ~ i1,630.00 10.802 % $ 5.341.00 $ 7.000.00 $ 12.341.00 $ 18,630_00 Rev 9/89 .. \ \, " Buyer's payment schedtil41 will. be as follows: -, ~~r of Payments Amount of Payments When Payments are Due :-., , Monthly commencing 10/28/90 140 $88.15 until 5/28/02 _ *Variable Rate: L:tte Charge: The ANNUAL PERCENTAGE RATE disclosed above is a variable rate and may change. The ANNUAL PERCENTAGE RATE may increase during the term of this transaction if the prime rate of interest announced in the Wall Street Journal as of the close of business on June 30 of each colendar year increases, and will be increased to the prime rote plus 1%. The ANNUAL PERCEIITAGE RATE will not increase more than once a year, and the new interest rate will become effective on July 1 follOWing the increase. if any. in the prime rate of interest. Any increase will be in the form of higher payment aJIlounts. If your cost of the Goods and Services sold hereunder were $ 7,000.00 ot 11.00 % per onnum for -1A!L months, and the prime rate plus 1% were increased to 12.00 %, your regular monthly payments would increase to $ 92.20 Further, the ANNUAL PERCENTAGE RATE will not increase to more than 18% or such other rate as may be permitted under the Pennsylvania Goods and Services Installment Sales Act. If a payment is more than 15 days late, a sum equivalent to 5% of the late payment (but no more than $2.50 and not less than $1.00) may be charged, Buyer may prepay the unpaid balance of the Amount Financed and any FINANCE 0iARGE due through the date of early payment. in full or in part, without penalty. SEE SECTION VI OF THE CONTRAcr BELOW FOR ANY ADDITIONAL INFORMATION AIDJf NON-PAYMENT, DEFAULT AND RroUIRED REPAYMENT BEFDRE THE SCHEDULED DATE FOR REPAYMENT OF 1HE AMOUNT FINANCED. Prepayment: III. 11D1IZATION OF AMOUNT FINANCED 1. Cash price of Goods and Services: $ 18,630.00 11,630.00 7,000.00 .., y. Total down payment: 3. Unpaid balance of cash price (1 - 2) : -D- '" .n.mount paid to oth'?Y'S 0n Buyer' s t~~a! f: 7,000.00 5. Amount Financed (3 + 4): $ 2 - ." . . "' -, IV. CREDIT INSURANCE CrBdit life insl~ance for the term of this Contract is not required. V. NO WARHANIIES TIlERE AHE NO WARRANTIES, EI1HER EXPRESSED OR IMPLIED, GIVEN BY SELLER IN CONNECTION WTTI-l SAlE OF 'TI-lE GOODS AND SERVICES COVERED BY 'THIS CONTRACT UNLESS BUYER HAS BEEN GIVEN A SEPARATE WRITTEN WARRANTY. VI _ ADDITIONAL PROVISIONS 1. Buyer agrees to pay Saller the Total Sale Price by making the total down payment and paying Seller the Total of Payments in the number' and amount of monthly payments shown in the Payment Schedule. Payments are due on or before the same date of each month as the first payment date. Payments must be made to First Wachovia, Inc. at the following address: First Wachovia, Inc. P.O. Box 70095 Charlotte, NC 28272-0095 2. Buyer's legal rights include the right to pay all or part of the amounts due on this Contract in advance of their due dates, to obtain a refund or credit of unearned Finance Charge whenever the amount is paid in full in advance, and (with Seller's . consent) to reinstate the Contract if Buyer timely cures any default. 3. Buyer shall be deemed to have committed an "Event of r.efault" of the Contract upon the occurrence of any of the following: (a) failure to make any payment on or before the date it is due, (b) failure to make a payment on any other Contract outstanding with Seller, (c) failure to perform any other proviSion of the Contract, (d) providing Saller with false information or signatures, (e) death, incompetence. or conviction of any Buyer of crime involving fraud or dishonesty, (f) insolvency or bankruptcy of any Buyer. 4. Upon or after the occurrence of any Event of Default, Seller will provide Buyer with notice, by certified. mail as required. by law, addressed to Buyer's last known address as shown on Saller's records, advising Buyer of the default and of Buyer's right to cure the default. The notice will provide the time, amount and performance necessary to cure the default. If fuyer does not cure the default as provided in the notice, Seller's rights shall include the right to declare all sums due on the Contract to be immediately due and payable. The fuyer agrees to pay all attorney's fees and other reasonable collection costs and charges necessary for the collection of any amount not paid when due. ,. 5. Waiver by Seller of any Event of Default shall ootbe binding upon Saller if Seller should thereafter choose to exercise that or any other right, or a similar Event of Default occurs later. All Seller's rights and remedies shall be cumulative. Seller's exercise of one or mere rights shall not Ci~.u.se Selle:r t.o lese ,::r.y ':'~:-:el- l-:~~"'::5. 6. This Contract is freely assignable by Seller. Buyer agrees that upon receiving notice of the assignment Buyer shall be obligated to the Assignee of this Contract, which Assignee shall have all of Seller's right and remedies. 3 ,~.~ ~" .b_= . < . ~'~"\ T.' If 'a~;'Part'-of this contra~~:! is held to be illegal. void oJ: unenforceable, that pro~ision shall be deemed not to have been'a par.:t of this Contract, which shall otherwise remain fully effective. .8. APPLICABLE LAW: This Agreement, whenever called upon to be construed, shall be governed by the domestic internal laws of the Commonwealth of Pennsylvania except to the extent supplemented, superseded or preempted by federal law. 9. CONSENT TO JURISDICITON, VENUE AND SERVICE: The parties to this Agreement consent and agree that all legal proceedings relating to the subject matter hereof shall be maintained in the Court of Common Pleas of Cumberland County, Pennsylvania, or, if applicable, the United States District Court of the Middle District of Pennsylvania, and all parties hereto consent and agree that jurisdiction and venue for such proceedings shall lie exclusively within said court. Service of process in any such proceeding may be made by certified mail, return receipt requested. directed to the respective party at the address set forth above. 10. This Contract shall be binding upon the parties hereto, their heirs, successors, assigns and. 1 egal representatives. 11. TIME IS OF TIlE ESSENCE OF '!HIS CONTRACT. NOTICE: ANY OOLDER OF THIS CONSUMER CREDIT CONrnACT IS SUBJECT TO AU. CLAIMS AND DEFENSES WHICH 1HE DEBTOR COULD ASSERT AGAINST THE SELLER OF GOODS OR SERVICES OBTAINED PURSUANT HERE:rO OR WITH 'lHE PROCEI::DS HERIDF. RECOVERY HEREXlNDER BY THE DEBTOR SHALL NOT EXCEED AMOUNI'S PAID BY THE DEBTOR HEREXJNDER. NOTICE TO BUYER: (1) 00 NOT SIGN THIS AGREEMENT BEFORE YOU READ IT OR IF IT CONI'AINS ANY BLANK SPACE. (2) YOU ARE ENTITI.EDro A COMPLEIELY FIILED-IN COPY OF THIS AGREEMENr. (3) UNDER TIlE LAW, YOU HAVE THE RIGHT TO PAY OFF IN ADVANCE TIlE FUl.L AMOUNI' DUE AND UNDER CERTAIN CONDITIONS ro OBTAIN A PARTIAL REl:'UND OF TIlE FINANCE CHARGE. BUYER(S) ACKNOWI..E:OOE(S) RECEIVING A COMPLETED. . L 1l!IS <XlNrnACr '"" !Nlm)(S) ro BE LillAILY IDUND B~Y, TERMS. .' / BUYER(S): I~ ,. , I AGREE ro REPAY l\lL AMOUNI'S DUE ON nus WAN IF TIlE IDRROWER(S)!BUYER(S) FAIlB ro 00 so IN ACCORDANCE WTI. ~ ~~. : . SJ1JID<r o:>lI""bl A f ;J. .;Dr;.. DArE: DICKINSON COUB3E lo/Y(10. I BY ~:J~ 4 " ~~- ,~ . . . VERIFICATION Subject to the penalties of 18 Pac C.S. ~4904 relating to unsworn falsification to authorities, I hereby certifY that I am Thomas B. Meyer, Assistant Treasurer of Dickinson College, and I am authorized to verifY this Complaint on behalf of Dickinson College, and further, that the facts set forth in the foregoing Complaint are true and correct to the best of my knowledge, infonnation and belief. . .-.. '),>,~~) . . ./ F 7." ( , _.~__. -' v' ,....,"-/ -'e.._.,.. Thomas B. Meyer Dated: 7/10100 .~ -.---- ~ "--, ~ OFi=I:',;f i ~ I .. :',HEHifF .!!!!t Cl''''''- :": :,\,,'NTY ~ ca JUL IZ 4 ~ ~ ~ ( ~ ~ f' 1.- ; ~ .;;\ , ~" JITlJ~II IIllI!II ;' " ~ " 'f' ' , f~~~~~~~_ltO\Jj!i}m~~~_Ir!jI:'1 '0 f~~I.~J, ,~ '. ,~,")ln ...-1 -' " "",'> --~. - " '.. -, ,"' ~__, ___-" _h. - H< " - ," -,'," '~"'---.' '.~.,-"~.<"..--,,,",,~.~. C,,__,.' ~": .'""". 0__ .. -, DICKINSON COLLEGE, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL V ANlA v. ClVlL ACTION - LAW HARRY J. WOLFINGTON and SEAN J. WOLFINGTON, Defendants : NO. 00-4934 PRAECIPE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Counsel moves the Court to reinstate the Complaint in the above-captioned matter which was filed on July 12,2000, to be able to obtain service of the Complaint upon Sean J. Wolfington, Defendant. McNEES, WALLACE & NURICK By ~1 Charles T. Young, Jr., Esq e Attorney I.D. No. 80680 100 Pine Street P. O. Box 1166 Harrisburg, PA 17108-1166 (717) 232-8000 ~ Attorneys for Plaintiff Dickinson College , " . j- , " I: I': , ,-' I'; lj ,,\ 1 " I I <~ ~~,'< . '. - ''''~" ,-T"'"" <:~-J" "<-7, ::",~__;"."^,, ,:-,. .'" ~. lii'-~' ..",~;...- -,. '-", .'.r""" ",-",]. .~" ,< '. ",.. . .,.-,- o c -~ "'- -oce mrr, ZT :z: t:;.:. ~::'::: !;2CJ ~q ):>~ ~ -< C":) C.. ~ ~ --.J 1 ~~ (-:JrT ::-.; s:; -< ~u ::c: ~ (J1 Iv Il!1 --~~,_ '" ,,', ;' - -,,_'.- u', _~", _ '."';-' - ", ;"'-,r.-' ";,'. '-.; ,c-' ; ,;,', ,','-''"-' '_ :,;:,,' ,,~"," '. '. DICKINSON COLLEGE, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA 'c i.' !i I: Ii v. : CML ACTION - LAW HARRY J. WOLFINGTON and SEAN J. WOLFINGTON, Defendants : NO. 00 - ~9J'l NOTICE TO DEFEND C,u~L y~ ] C \r ,.~ 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 objec- tions 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. 1$ i~ :1 i~; Ii;; ce :~- !~ I? I~- '. YOU SHOULD TAKE TIllS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. I F ~ Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 Telephone: (717) 249-3166 I 1 j; , r , /, I. [: I I ._" ~_" ~,,,.o .='. ' ~~., . ,.:. ~ "",.-""', ,,<,.;.,-"::, ,-,,-,._,'-;' -.-, "",.'~;;.G.-,,; :--,.',,;_, "... "; ''^ ' V' AV1SO I ~': Ie [,! l' '! H fj l,j ~i n USTED HA SIDO DEMANDADO/A en corte. Si usted desea defenderse de las demandas que se presentan mas adelante en las siguientes paginas, debe tomar accion dentro de los proximos veinte (20) dias despues de la notificacion de esta Demanda y A viso radicando personalmente 0 por medio de un abogado una comparecencia escrita y radicando en la Corte por escrito sus defensas de, y objecciones a, las demandas presentadas aqui en contra suya. Se Ie advierte de que si usted falla de tomar accion como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda 0 cualquier otra reclamacion 0 remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Usted puede perder dinero 0 propiedad u otros derechos importantes para usted. t: t:' .' ~j " ~': USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABODAGO IMMEDIATAMENTE. S1 USTED NO TIENE UN ABOGADO 0 NO PUEDE P AGARLE A UNO, LLAME 0 VA Y A A LA SIGillENTE OFICINA PARA A VERIGUAR DONDE PUEDE ENCONTRAR AS1STENCIA LEGAL. i' i: ! u [~. ti f; Ii Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 Telephone: (717) 249-3166 I:' \1 ~i' J: :i' McNEES, WALLACE & NURICK By 1 .~ f , i I r I I r , Charles T. Young, 1., Esquir Attorney I.D. No.8 80 100 Pine Street P. O. Box 1166 Harrisburg, P A 17108-1166 (717) 232-8000 Attorneys for Plaintiff Dickinson College ~.' ~ .1 "," -----'.<:;:--;-; "-", ,-", "" . ''', . ',' y" '~'~""'.'" '~'P c' !:' .. DICKINSON COLLEGE, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL V ANlA , h v. CIVIL ACTION - LAW I:' I,: HARRY J. WOLFINGTON and SEAN J. WOLFINGTON, Defendants i'; 1>0- ,/-pY ~/~ : NO. I I:,: I: ! ~~ " I"~ rj F C [; ~! n- f1, "' L' {; ~ i~'; i~: ~ COMPLAINT 1. Plaintiff Dickinson College ("Dickinson") is a Pennsylvania educational institution with its principal offices located in Carlisle, Cumberland County, Pennsylvania 17013. 2. Defendant Harry J. W olfington ("Parent") is an adult individual whose last known address is 501 Weatherstone Drive, Paoli, Pennsylvania 19301. 3. Defendant Sean J. Wolfington ("Student") is an adult individual whose last known COUNT I DICKINSON COLLEGE V. HARRY J. WOLFINGTON BREACH OF CONTRACT ~ \ I, r , f , , ;, f I I t I j, I I ! i I address is 700 Ardmore Avenue, Apartment 206, Ardmore, Pennsylvania 19003. 4. Paragraphs 1 through 3 are incorporated herein by reference as if set forth in full below. 5. On or about October 3, 1989, Parent entered into an Educational Goods and Services Retail Installment Contract ("Contract I ") for expenses incurred for goods and services to be provided and rendered to his son Sean W olfington, by Dickinson during the 1989-90 academic year. A true and correct copy of the contract is incorporated by reference and attached as Exhibit "A. " 6. Under the tenns of Contract I, Parent as "Buyer" agreed to pay Dickinson Seven Thousand Dollars ($7,000.00) with a variable interest rate, in one hundred fifty-two (152) equal monthly installments of Eighty Eight Dollars and Eighty-Nine Cents ($88.89) commencing on October 30, 1989. -1- '0_ .."- 0,,-,,',""_",'-'-''-'''- "" ..."-' , ,",;,,~7_" ' '!' It 7. On or about October 4, 1990, Parent entered into an Educational Goods and Services Retail fustallment Contract ("Contract 2") for expenses incurred for goods and services to be provided and rendered to his son Sean Wolfington, by Dickinson during the 1990-91 academic year. A true and correct copy of the contract is incorporated by reference and attached as Exhibit "B. " 8. Under the terms of Contract 2, Parent as "Buyer" agreed to pay Dickinson Seven if I' ii Thousand Dollars ($7,000.00) with a variable interest rate, in one hundred forty (140) equal monthly installments of Eighty Eight Dollars and Fifteen Cents ($88.15) commencing on October 28, 1990. 9. Section II of the Contracts provides that, "If a payment is more than 15 days late, a sum " li Ii E' t] Ii 10. Section VI, Paragraph 3(a) of the Contracts provides that, "Buyer shall be deemed to i'1 Ii ,1 II ~ 11 Ii 11 I: Ii ~ !i 1j !i equivalent to 5% of the late payment (but no more than $2.50 and not less than $1.00) may be charged." have committed an 'Event of Default' of the Contract upon the occurrence of any of the following: (a) failure to make any payment on or before the date it is due,..." 11. Section VI, Paragraph 4 of the Contracts provides that if an Event of Default of the Contract occurs, and is not cured by the Buyer pursuant to the Notice of Default, Dickinson has "the right to declare all sums due on the Contract to be immediately due and payable." 12. Parent defaulted on the Contract by failing to make the required monthly payments on the Contract when due. 13. Counsel for Dickinson notified Harry Wo1fington of his default under the loan and demanded payment thereunder, but Defendant Harry W olfington has failed and refused to make such payment. 14. Parent has failed to cure such defaults. -2- 'v. ~' " I I 1 [: 15. Therefore Dickinson has exercised its right to declare all sums due on the Contracts to be I immediately due and payable. 16. The total amount which has become immediately due and payable to Dickinson by I I Ii I" I I 1'< it I " Parent pursuant to the Contracts is Twenty Five Thousand Five Hundred Twenty Two Dollars and Twenty-five Cents ($25,522.25), which includes principal in the amount of Thirteen Thousand Five Hundred Three Dollars and Thirty-three Cents ($13,503.33), interest in the amount ofTen Thousand Nine Hundred Five Dollars and Twenty-one Cents ($10,905.21), late fees in the amount of One ? It; Thousand One Hundred Thirteen Dollars and Seventy-One Cents ($1,113.71), plus reasonable attorney's t 'I I,' ii, fees and collection costs. WHEREFORE, Plaintiff Dickinson College demands judgment against Parent Harry J. , [i" ~ Wolfington in the sum of Twenty Five Thousand Five Hundred Twenty-Two Dollars and Twenty-five r ~. ,:" , Cents ($25,522.25), plus interest from June 26,2000 at the rate of One Dollar and Fifty-seven Cents ($1.57) per day, late fees, costs of suit, attorneys' fees and collection costs. COUNT IT DICKINSON COLLEGE V. SEAN J. WOLFINGTON BREACH OF CONTRACT ,> j;' 18. Sean W olfmgton, by signing as a co-signor of Contract 1 and Contract 2, agreed to repay h C' ~' r l I' r, I I I I, 17. Paragraphs 1 through 16 are incorporated herein by reference as if set forth in full. all amounts due on the loans if Harry Wolfmgton failed to do so in accordance with the terms of the respective notes. -3- 19. Because Parent has failed to make payments due causing the Contract to be in default, Student is obligated to repay all amounts due under the Contract. 20. Counsel for Dickinson notified Sean Wolfmgton of his default under the loan and demanded payment thereunder, but Defendant Sean W olfington has failed and refused to make such payment. 21. The total amount which has become immediately due and payable to Dickinson by Student pursuant to the Contracts is Twenty Five Thousand Five Hundred Twenty Two Dollars and Twenty-five Cents ($25,522.25), which includes principal in the amount of Thirteen Thousand Five Hundred Three Dollars and Thirty-three Cents ($13,503.33), interest in the amount ofTen Thousand Nine Hundred Five Dollars and Twenty-one Cents ($10,905.21), late fees in the amount of One Thousand One Hundred Thirteen Dollars and Seventy-One Cents ($1,113.71), plus reasonable attorney's fees and collection costs. WHEREFORE, Plaintiff Dickinson College demands judgment against Student Sean 1. Wolfmgton in the sum of Twenty Five Thousand Five Hundred Twenty-Two Dollars and Twenty-five Cents ($25,522.25), plus interest from June 26, 2000 at the rate of One Dollar and Fifty-seven Cents ($1.57) per day, late fees, costs of suit, attorneys' fees and collection costs. -4- '<;1 "" l~ i' Ii Ii I: Ii Ii I' I.: ji I i\ :J' !, :1 r j; i " I" I' Il [) f f: ~ \; i: ~ ?:' \; ~' i , Ii I I: ~,.,"O .',",,,.- --;-"," "- '~',~ ~-, ="-, , COUNT ill DICKINSON COLLEGE V. SEAN J. WOLFINGTON IN OUANTUM MERUIT ili t '~ :\ ,I if c! :1 II il l II: I~' i~ In the alternative, if this Honorable Court should determine that an express contract between Dickinson and Sean J. Wolfmgton does not exist, which is denied, Dickinson pleads the following Count In Quantum Meruit. 22. Paragraphs 1 through 21 are incorporated herein by reference as if set forth in full. WHEREFORE, Plaintiff Dickinson College demands judgment against Student Sean J. :!; P:j I! ill lj i~ I! " Ii Ii I' Ii II i Ii i I !l !! j1 i' il II 11 Ii II ,I II jl I' Ii 23. Having requested Dickinson to loan money, and doing so to the benefit of Sean J. Wolfington, Student became liable to Dickinson for said money. 24. Sean J. W olfington has been unjustly enriched by accepting said money without paying Dickinson reasonable compensation therefor. 25. The total amount by which Sean J. Wolfington has become enriched on account of the money loaned is Twenty Five Thousand Five Hundred Twenty Two Dollars and Twenty-five Cents ($25,522.25). 26. Dickinson has demanded payment of the above sums but Sean J. Wolfington has failed and refused to do so. Wolfington in the sum of Twenty Five Thousand Five Hundred Twenty-Two Dollars and Twenty-five -5- " lr Cents ($25,522.25), plus interest from June 26, 2000 at the rate of One Dollar and Fifty-seven Cents " ;' Ie ($1.57) per day, late fees, costs of suit, attorneys' fees and collection costs. McNEES, WALLACE & NURICK By ciJZvJ Lh () Charles T. Young, Jr., E~4uir~ l/ Attorney J.D. No.80680 L (/ 100 Pine Street P. O. Box 1166 Harrisburg, PA 17108-1166 (717) 232-8000 I': i If ii 1\ Attorneys for Plaintiff Dickinson College f ti t! i! I: Dated: J \) ~ 'f I(), 2000 ~ \; -6- - , ~' ~'~ %' Exhibit" A" -- ,.1 ----. ...."".,. " -'.. ( \ DIQ(INOON COlLEl3E FLEXIBLE FINANCING SYSTEM - 7000 PLAN EDUCATIONAL GOODS AND SERVICES RETAIL INSTALilIENT CONTRACI ", ....- ""\ ~\\ ~'~ Date October 3, 1989 1. Seller: Dickinson College, Carlisle, Pennsylvania 17013 Harry J. Wolfington 1939 County Line Road Villanova, PA 19085 Buyer(s) : If there is more than one Buyer, each of you will be obligated, jointly and severally, for all sums due and for the performance of all agreements as provided in this Contract. Under the terms of this lliucational Goods and Services Retail Installment Contract, you have agreed to pay the expenses incurred for goods and services to be provided and rendered, as the case may be, to Span Wnlfingtnn (hereinafter "Student") during his/her enrollment at Dickinson College during the1989-90 academic year, including tuition, room and board, books and supplies as herein stated (hereinafter the "Goods and Services"). The Goods and Services shall include only tuition, room and l:oard. II . TERMS OF PAYMENT AND PAYMENT SCHEDULE Disclosures Required by Federal Law,... ANNUAL PERCENTAGE FINANCE CHARGE: AMOUNl' FINANCED: TOTAL OF PAYMEl'ITS: TOTAL SALE RATE: * Dollar amount Amount of credit Amount paid by PRICE: Cost of credit as credit wi 11 provided by Buyer as total of Total cost of yearly rate cost Buyer Dickinson College all scheduled purchase on payments credi t, in- '"- eluding down payment of $ 10,300.00 . 11.79.1 % $ 6,511.28 $ 7,000.00 $ 13,511.28 $ 17,300.00 Rev 9/89 ~~ .~ oih ~." Buyer's payment schedule will' be as follows: Number of Payments Amount of Payments When Payments are Due 152 $88.89 Monthly commencing 10/30/89 until 6/30/02 *Variable Rate: Late Charge: The ANNUAL PERCENTAGE RATE disclosed a.l:ove is a variable rate and may change. The ANNUAL PERCENTAGE RATE may increase during the term of this transaction if the prime rate of interest announced in the Wall Street Journal as of the close of business on June 30 of each calendar year increases, and will be increased to the prime rate plus 1%. The ANNUAL PERCENTAGE RATE will not increase more than once a year, and the new interest rate will become effective on July 1 following the increase, if any, in the prime rate of interest. Any increase will be in the form of higher payment amounts. If your cost of the Goods and Services sold hereunder were $ 7000.00 at 12.00 % per annum for ~ months, and the prime rate plus 1% were increased to n 00 %, your regular monthly payments would increase to $ 93.1? Further, the ANNUAL PERCENTAGE RATE wi 11 not increase to more than 18% or such other rate as may be permitted under the Pennsylvania Goods and Services Installment Sales Act. If a payment is more than 15 days late, a sum equivalent to 5% of the late payment (but no more than $2.50 and not less than $1.00) may be charged. Buyer may prepay the unpaid balance of the Amount Financed and any FINANCE CHARGE due through the date of early payment, in full or in part. without penalty. SEE SECTION VI OF TI-lE CONTRACT BEWW roR ANY ADDITIONAL INFORMATION AIDlJI' NON-PAYMENT, DEFAULT AND RmUIRED REPAYMENI' BEFORE 1HE SCHEDULED DATE roR REPAYMENt OF TIlE AMOUNl' FINANCED . Prepayment: III . ITEMIZATION OF AMOUNT FINANCED $ 17,100 00 1. Cash price of Goods and Services: 2. Total down payment: 10 100 on - 3. Unpaid balance of cash price (1 - 2): 7 nnn no . 4, Amount paid to others on Buyer's behalf: $ 7,000.00 5. Amount Financed (3 + 4) : 2 tl<' ... \'0 IV. CREDIT INSURANCE " Credi t 1 He insurance for the term of this Contract is not required. V. NO WARRANTIES 1HERE ARE NO WARRANTIES. EI1HER EXPRESSED OR IMPLIED, GIVEN BY SELLER IN CONNECTION WIlli SALE OF TIlE GOODS AND SERVICES COVERED BY lliIS CONTRACT UNLESS BlNER HAS BEEN GIVEN A SEPARATE WRITTEN WARRAINIY. VI . ADDITIONAL PROVISIONS 1. Buyer agrees to pay Seller the Total Sale Price by making the total down payment and paying Seller the Total of Payments in the number and amount of monthly payments shown in the Payment Schedule. Payments are due on or before the same date of each month as the first payment date. Payments must be made to First Wachovia, Inc. at the following address: First Wachovia. Inc. P.O. fux 70095 Charlotte, NC 28272-0095 2. Buyer's legal rights include the right to pay all or part of the amounts due on this Contract in advance of their due dates, to obtain a refund or credit of unearned Finance Charge whenever the amount is paid in full in advance, and (with Seller's consent) to reinstate the Contract if Buyer timely cures any default. 3. Buyer shall be deemed to have committed an "Event of Default" of the Contract upon the occurrence of any of the following: (a) failure to make any payment on or before the date it is due, (b) failure to make a payment on any other Contract outstanding with Seller, (c) failure. to perform any other provision of the Contract, (d) providing Seller with false information or signatures, (e) death. incompetence, or conviction of any Buyer of crime involving fraud or dishonesty, (f) insolvency or bankruptcy of any Buyer. 4. Upon or after the occurrence of any Event of Default. Seller will provide Buyer with notice, by certified mail as required by law, addressed to Buyer's last known address as shown on Seller's records, advising Buyer of the default and of Buyer's right to cure the default. The notice will provide' the time, amount and performance necessary to cure the default. If Buyer does not cure the default as provided in the notice, Seller's rights shall include the right to declare all sums due on the Contract to be immediately due and payable. The Buyer agrees to pay all attorney's fees and other reasonable collection costs and charges necessary for the collection of any amount not paid when due. 5. Waiver by Seller of any Event of Default shall not be binding upon Seller if Seller should thereafter choose to exercise that or any other right or a similar Event of Default occurs later. All Seller's rights and remedies shall be cumulative. Seller's exercise of one or more rights shall not cause Seller to lose any other rights. 6. This Contract is freely assignable by Seller. Buyer agrees that upon receiving notice of .the assignment Buyer shall be obligated to the Assignee of this Contract, which Assignee shall have .all of Seller's right and remedies. 3 ,,'" ~ ~ "~ ~- ^ ~"'. -""'..i......~"li>;i, . . ~ \ 7: If:'any part of this Contract is held to be ~llegal, void or unenforceable, that provision shall be deemed not to have been a part of this Contract. which shall otherwise remain fully effective. 8. APPLICABLE LAW: This Agreement, whenever called upon to be construed, shall be governed by the domestic internal laws of the Commonwealth of Pennsylvania except to the extent supplemented. superseded or preempted by federal law. 9. CONSENT TO JURISDICTION, VENUE AND SERVICE: The parties to this Agreement consent and agree that all legal proceedings relating to the subject matter hereof shall be maintained in the Court of Common Pleas of Cumberland County, Pennsylvania, or, if applicable, the United States District Court of the Middle District of Pennsylvania, and all parties hereto consent and agree that jurisdiction and venue for such proceedings shall lie eXClusively within said court. Service of process in any such proceeding may be made by certified mail, return receipt requested, directed to the respective party at the address set forth a.l:ove. 10. This Contract shall be binding upon the parties hereto, their heirs, successors, assigns and legal representatives. 11. TIME IS OF 1HE ESSENCE OF TIllS CONTRACT. NOTICE: ANY HOLDER OF TIllS CONSUMER CREDIT CONTRACT IS SUBJECT TO AlL CLAIMS AND DEFENSES WHICH TIlE DEBTOR COULD ASSERT AGAINST TIlE SELLER OF GCODS OR SERVICES OBTAINED PURSUANT Itt;Rc;lu OR WITIl 1HE PROCEEDS HEREOF. RECOVERY HEREUNDER BY TIlE DEBTOR SHAlL Nor EXCEED AMO\JNI'S PAID BY TIlE DEBTOR HERElJNDER. NOTICE TO BUYER: (1) ]X) NOT SIGN TIlIS AGRmIDlT BEFORE YOU READ IT OR IF .IT CONTAINS ANY BLANK SPACE. (2) YOU ARE ENTITI.ED TO A COMPLEI'ELY FIllED-IN COpy OF nns AGREEMENT. (3) UNDER TIlE LAW, YOU HAVE TIlE RIGHT TO PAY OFF IN ADVANCE TIlE FUll AMOUNT DUE AND UNDER CERTAIN CONDITIONS TO OBTAIN A PARTIAL IDlJND OF TIlE FINANCE CHARGE. BUYER(S) ACKNOWLEOOE(S) RECEIVING A COMPLETED COt:8 F nus CONTRACT AND INTEND(S) TO BE LEl3AlLY :roUND BY I TERMS. " _ ~ _ . .. BUYER(S) : . I AG'REE TO REPAY AlL AMOUNTS DUE ON TIllS WAN IF 1HE roRROWER(S)/BUYER(S) FAILS TO IX) so IN ACCORDANCE WITIl OF N<1I'E: STUDENT COSIGNER DAlE: DICKINOON COlLEl3E jDJ03/8<=J , BY ~~ 4 - . , Exhibit "B" ~"- ~.~ ~ , t. ~: \, DIQ(INOON COlill3E F1.EXIBLE FINANCING SYSTEM - 7000 PLAN EDUCATIONAL GOODS AND SERVICES RETAIL INSTALIMENT CONTRACT Date October 4, 1990 Buyer(s) : Dickinson College, Carlisle. Pennsylvania 17013 Harry J. Wolfington 1939 County Line Road Villanova. PA 19085 1. Seller: If there is more than one Buyer.. each of you will be obligated, jointly and severally. for all SUlllS due and for the performance of all agreements as provided in this Contract. Under the terms of this Educational Goods and Services Retail Installment Contract. you have agreed to pay the expenses incurred for goods and services to te provided and rendered, as the case may be, to Sean (hereinafter "Student") during his/her enrollment at Dickinson College durirq the 1990-91 academic year. including tuition, room and board, books and supplies as herein stated (hereinafter the "Goods and Services") . The Goods and Services shall include only tuition, room and l:oard. II. TERMS OF PAYMENT AND PAYMENT SCHEDULE DiscloSures Required by Federal Law ANNUAL PERCENI'AGE FINANCE CHARGE: AMOUNT FINANCED: TOTAL OF PAYMEl'ITS: TOTAL SALE RATE: * Dollar amount Amount of credit Amount paid by PRICE: Cost of credit as credit will provided by Buyer as total of Total cost of yearly rate cost Buyer Dickinson College all scheduled purchase on ~- payments credi t, in- cluding down payment of .j; 11 ,630.00 10.802 % $ 5,341.00 $ 7.000.00 $ 12,341.00 $ 18,630.00 Rev 9/89 " ~- ,,' I ~ ~ Buyer's payment schedule will . be. as follows: '. Number of Payments Amount of Payments When Payments are Due ~. Monthly commencing 10/28/90 140 $88.15 unti 1 5/28/02 *Variable Rate: Late Charge: The ANNUAL PERCENTAGE RATE disclosed a.l:ove is a variable rate and may change. The ANNUAL PERCENTAGE RATE may increase during the term of this transaction if the prime rate of interest announced in the Wall Street Journal as of the close of business on June 30 of each calendar year increases, and will be increased to the prime rate plus 1%. The ANNUAL PERCENTAGE RATE wi 11 not increase more than once a year, and the new interest rate will become effective on July 1 following the increase, if any, in the prime rate of interest. Any increase will be in the form of higher payment amounts. If your cost of the Goods and Services sold hereunder were $ 7,000.00 at 11.00 % per annum for --HlL months, and the prime rate plus 1% were increased to 12.00 %, your regular monthly payments would increase to $ 92.70 Further, the ANNUAL PERCENTAGE RATE will not increase to more than 18% or such other rate as may be permitted under the Pennsylvania Goods and Services Installment Sales Act. If a payment is more than 15 days late, a sum equivalent to 5% of the late payment (but no more than $2.50 and not less than $1.00) may be charged. fuyer may prepay the unpaid balance of the Amount Financed and any FINANCE CHARGE due through the date of early payment. in full or in part. wi thout penal ty . SEE SECTION VI OF TI-lE CONTRACT BEWW roR ANY ADDITIONAL INroRMATION AB::lUI' NON-f'AYMENT.. DEFAULT' AND REQUIRED REPAYMENT BEFORE TIlE SCHEDULED DATE roR REPAYMENT OF TtJE AMOUNT FINANCED . Prepayment: III. ITEMIZATION OF AMOUNT FINANCED 1. Cash price of Goods and Services: $ 18,630.00 11,630.00 7,000.00 2. Total down payment: 3. Unpaid balance of cash price (1 - 2) : -(1- d ~~~lnt paid to oth~rs on R~~er's t~half: $ 7,000.00 5. Amount Financed (3 + 4) : 2 - ~, ,~. .. ~, '. IV , CREDIT INSURANCE . . Credit life insurance for the term of this Contract is not required. V. NO WARRANTIES THERE ARE NO WARRANTIES. EITIlER EXPRESSED OR IMPLIED, GIVEN BY SEILER IN CONNECTION WITH SALE OF TIlE GOODS AND SERVICES COVERED BY TIiIS CONTRACT UNLESS BUYER HAS BEEN GIVEN A SEPARATE WRITIEN WARRANIY. VI. ADDITIONAL PROVISIONS 1. Buyer agrees to pay Seller the Total Sale Price by making the total down payment and paying Seller the Total of Payments in the number and amount of monthly payments shown in the Payment Schedule. Payments are due on or before the same date of each month as the first payment date. Payments must be made to First Wachovia. Inc. at the following address: First Wachovia. Inc. P.O. fux 70095 Charlotte, NC 28272-0095 2, Buyer's legal rights include the right to pay all or part of the amounts due on this Contract in advance of their due dates, to obtain a refund or credit of lmearned Finance Charge whenever the amount is paid in full in advance, and (with Seller's consent) to reinstate the Contract if Buyer timely cures any default. 3. Buyer shall be deemed to have committed an "Event of ~fault" of the Contract upon the occurrence of any of the following: (a) failure to make any payment on or before the date it is due, (b) failure to make a payment on any other Contract outstanding with Seller, (c) failure to perform any other provision of the Contract, (d) providing Seller with false information or signatures, (e) death. incompetence. or conviction of any Buyer of crime involving fraud or dishonesty, (f) insolvency or bankruptcy of any Buyer. 4. Upon or after the occurrence .of any Event of Default, Seller will prOVide Buyer with notice. by certified mail as required by. law. addressed to Buyer's last known address as shown on Seller's records. advising Buyer of the default and of Buyer's right to cure the default. The notice will provide the time, amount and performance necessary to cure the default. If fuyer does not cure the default as provided in the notice. Seller's rights shall include the right to declare all sums due on the Contract to be immediately due and payable. The Buyer agrees to pay all attorney's fees and other reasonable collection costs and charges necessary for the collection of any amount l'lot paid when due. 5. Waiver by Seller of any Event of Default shall not be binding upon Seller if Seller should thereafter choose to exercise that or any other right or a similar Event of Default occurs later. All Seller's rights and remedies shall be cumulative. Seller's exercise of one or more rights shall not cause Seller to lose~~y ~~~er ri7~t3. 6. This Contract is freely assignable by Seller. fuyer agrees that upon receiving notice of the assignment fuyer shall be obligated to the Assignee of this Contract, which Assignee shall have all of Seller's right and remedies. 3 "~- I~~ , " wI 7:: I-f 'an; . part 'Of this Contra~~; is held to be illegal. void o~ unenforceable, that pro~ision shall be deemed not to have been' a part of this Contract, which shall o~herwise remain fully effective. .8. APPLICABLE LAW: This Agreement, whenever called upon to be construed, shall be governed by the domestic internal laws of the Commonwealth of Pennsylvania except to the extent supplemented, superseded or preempted by federal law. 9. CONSENT TO JURISDICTION, VENUE AND SERVICE: The parties to this Agreement consent and agree that all legal proceedings relating to the subject matter hereof shall be maintained in the Court of Common Pleas of Cumberland County, Pennsylvania, or, if applicable, the United States District Court of the Middle District of Pennsylvania, and all parties hereto consent and agree that jurisdiction and venue for such proceedings shall lie exclusively within said court. Service of process in any such proceeding may be made by certified mai 1, return receipt requested. directed to the respective party at the address set forth a.l:ove. 10. This Contract shall be binding upon the parties hereto. their heirs, successors, assigns and legal representatives. 11. TIME IS OF TIlE :ESSENCE OF nns CONTRACT. NOTICE: ANY HOWER OF TIlIS CONSUMER CREDIT CONTRACT IS SUBJECT TO AU. CLAIMS AND DEFENSES WHICH THE DEBTOR COULD l\SSEEIT AGAINST TIlE SELLER OF GOODS OR SERVICES OBTAINED PURSUANT ~lU OR WIlli TIlE PROCEEDS HEREDF. RECOVERY HEIIDlNDER BY TIlE DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY TIlE DElITOR HElIDJNDER. NOTICE TO BUYER: (1) OJ NOT SIGN lliIS AGREEMENT BEEORE YOU READ IT OR IF IT CONTAINS ANY BLANK SPACE. (2) YOO ARE ENTITLED TO A COMPLETELY FIILID-IN COFYOF TIllS AGREEMENT. (3) UNDER THE LAW, YOO HAVE TIlE RIGFIT TO PAY OFF IN ADV1INCE THE FUlL l\MOUNT DUE AND UNDER CERTAIN CONDmONS ro OBTAIN A PARTIAL REfUND OF THE FINANCE CHARGE. BUYER(S) ACKNOWLEOOE(S) RECEIVING. A ~ 4-.cor TIiIS CONTRACT AND INTEND(S) TO BE LB3ALLY IDUND~ BY TERMS. . / BUYER(S): !: W- , I AGREE TO REPAY AU. AMO\JNI'S DUE ON TIiIS WAN IF TIlE OOROOWER(S)!BJYER(S) FAILS TO 00 SO IN ACCORDANCE w~. 'I ~ OF m~~. ~=~~..~ DA1E: DIQ(INOON COLLEl3E {o/y('lO BY ~:J~ 4 ,~-'-, ; ,~'_:,- ,,. '- ~~-.,;,_- . -h i;,j i:'i I' 1'1 k " VERIFICATION Subject to the penalties of18 Pa. C.S. ~4904 relating to unsworn falsification to authorities, I hereby certify that I am Thomas B. Meyer, Assistant Treasurer of Dickinson College, and I am authorized to verify ;,) this Complaint on behalf of Dickinson College, and further, that the facts set forth in the foregoing "I hi w Complaint are true and correct to the best of my knowledge, information and belief. 7!IO/OU Dated: /'~~ /~~ fZ ~omas B. Meyer 7' ~- / ~-- i/ " ,,, r e' r ,.) \:' r, I, H I"~ t.1 ;: )", ~; t (, t: ~, n I' ~; ,; r ,. 1--: ~; I' !; j>~ ,,~ )][(L,' <' , -I" 0 , -" ,\",,'p, "'_,",,,_,_''''',~~'''e' . _,~_ ,~~~ ill" -~ .',;"~ .";t,-.",,;; - '~;-~-'~''''~'-.-''I.'- - .._. "', ',. II ~ . . 0 r ~ ~ ~.~ ~ .~ ~ 2 ~ -0 ...a "\) <- ~ I 6"- 1f!? () .::::! J -'^- .'. -~' -'~'.'.. ., . ,. ;,.;,.,,"~, ." ";",, o ~ J],fn ~~~ ::~-:' 2"("" Co -<( ..:'~ ~~,~~ ~:::_ :0 ,;: S;'~~.! '- ;:7 ~ ~-- C:J C':'~J- :~~.'.~.'..'''.8 ", '. ~,., ,-::< (-~] :";.:i~: ; .-_~ (~~;~\? i.:! ')J -< i~~ f-'J :;~ ,);) :Jl ~ J,~ "~,,' "0"' ,'.~ '" "'h '~'N "_'j~;, DICKINSON COLLEGE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v. CIVIL ACTION - LAW HARRY J. WOLFINGTON and SEAN J. WOLFINGTON, : Defendants NO. 00-4934 CIVIL TERM IN RE: PRELIMINARY OBJECTIONS OF DEFENDANT SEAN J. WOLFINGTON TO PLAINTIFF'S COMPLAINT BEFORE HESS. OLER and GUIDO. JI. * ORDER OF COURT AND NOW, this3,!day of April, 2001, upon consideration of Defendant Sean J. Wolfington's preliminary objections to Plaintiffs complaint, and for the reasons stated in the accompanying opinion, the preliminary objections are sustained and Plaintiffs complaint is dismissed as to Defendant Sean J. Wolfington. BY THE COURT, ~~ O{~~.O / Rt?) Charles T. Young, Jr., Esq. 100 Pine Street Harrisburg, PA 17108-1166 Attorney for Plaintiff \/!r,]\;:.'\,;j),S!\::-\'::id AIN("'. t~;() G':J :ur :-~~ ;~ - :.;\.:~' '~ X:J'-/lC'\'-'" ~;.'."'; 1'-' . ,) - - ~ J'_ ~r. - - ~<~. ~~', Douglas G. Miller, Esq. West Pomfret Professional Building 60 West Pomfret Street Carlisle, PA 17013 Attorney for Defendant Sean J. Wolfington Harry J. Wolfmgton 501 Weatherstone Drive Paoli, PA 19301 Defendant, Pro Se :rc * GUIDO, J., did not participate in the consideration or disposition ofthis case. , ~, " ""'""8" DICKINSON COLLEGE, Plaintiff v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA CIVIL ACTION - LAW HARRY J. WOLFINGTON and SEAN 1. WOLFINGTON, : Defendants NO. 00-4934 CIVIL TERM IN RE: PRELIMINARY OBJECTIONS OF DEFENDANT SEAN 1. WOLFINGTON TO PLAINTIFF'S COMPLAINT BEFORE HESS. OLER and GUIDO. JJ.l OPINION and ORDER OF COURT Oler, J., April 3, 2001. In this contract case, a college has filed a complaint against a student and his father for failure to pay for certain educational services allegedly provided to the son. For disposition at this time are preliminary objections filed by the son to the complaint. Plaintiffs complaint consists of three counts. One count asserts that Defendant Harry J. Wolfington (the father) entered into an "Educational Goods and Services Retail Installment Contract" with Plaintiff, and subsequently defaulted on the terms of that contract. In this count, Plaintiff requests relief in the form of an award of $25,522.25, plus interest, late fees, costs of suit, attorneys' fees and collection costs. The second count asserts that Defendant Sean J. Wolfington (the son) executed the contract as a co-signer, and thereby assumed liability for payment in the event the co- Defendant failed to abide by the terms of the contract. In this count, Plaintiff requests ., , " " -",',i relief in the form of an award of $25,522.25, plus interest, late fees, costs of suit, attorneys' fees and collection costs. The third count asserts an alternative claim against Defendant Sean J. Wolfington for unjust emichment. In this count, Plaintiff requests relief in the form of an award of $25,522.25, plus interest, late fees, costs of suit, attorneys' fees and collection costs. i: " The preliminary objections of Defendant Sean J. Wolfington seek dismissal of the j,: I I, i: Ii complaint by reason of a dismissal of a prior action for collection of the same obligation by Plaintiff against Defendants; the prior dismissal resulted from docket inactivity.2 1;: Argument was held on the preliminary objections on January 3, 2001. For the reasons stated in this opinion, Defendant's preliminary objections will be sustained, and the complaint will be dismissed as to Sean J. Wolfington. STATEMENT OF FACTS: PROCEDURAL HISTORY , i: ! I I' , I I' I, " r~ f On October 14, 1993, Plaintiff filed a complaint against Defendant Harry J. Wolfington (the father) in this court, docketed at No. 3270 Civil Term 1993.3 This complaint consisted of a count for breach of contract for payment of educational 1 GUIDO, J., did not participate in the consideration or disposition of this case. 2 Preliminary Objections of Defendant Sean J. W olfington to Plaintiff's Complaint. 3 Preliminary Objections of Defendant Sean J. Wolfington to Plaintiffs Complaint, paragraph 1; Response of Plaintiff Dickinson College to Defendant Sean J. Wolfmgton's Preliminary Objections, paragraph 1. 2 \,,':!' services.4 On September 6, 1996, Plaintiff filed an amended complaint, adding Sean J. Wolfmgton (the son) as a Defendant in a count for breach of contract as a co-signer.5 In October 1999, this amended complaint was dismissed pursuant to Pennsylvania Rule of Judicial Administration 1901, and Cumberland County Rule of Procedure 228, due to lack of docket activity.6 Thereafter, without leave of court, the Plaintiff filed the instant complaint, docketed at 00-4934, on July 12,2000, involving the same parties and contractual obligations. On October 25, 2000, Defendant Sean J. Wolfmgton filed preliminary objections to Plaintiffs complaint. The preliminary objections aver that Plaintiff did not petition "to reinstate the original action following its termination in accordance with Pa. R.J.A. No. 1901.,,7 Defendant contends that the present action should therefore be dismissed.s Plaintiff does not specifically deny that it failed to petition for reinstatement. 9 It notes, however, inter alia, that under Pennsylvania Rule of Civil Procedure 126 a court 4 Id. S See Preliminary Objections of Defendant Sean 1. W olfmgton to Plaintiff s Complaint, paragraph 2; Response of Dickinson College to Defendant Sean 1. Wolfington's Preliminary Objections, paragraph 2. 6 See Preliminary Objections of Defendant Sean 1. W olfington to Plaintiff s Complaint, paragraph 4; Response of Plaintiff Dickinson College to Defendant Sean J. Wolfington's Preliminary Objections, paragraph 4. 7 Preliminary Objections of Defendant Sean J. Wolfmgton to Plaintiffs Complaint, paragraphs 6-8. 8 Brief in Support of Defendant Sean J. Wolfington's Preliminary Objections to Plaintiffs Complaint, at 7. 9 Response of Plaintiff Dickinson College to Defendant Sean 1. W olfington' s Preliminary Objections, paragraph 6. 3 ." ,~ -'<,-j. 'L ,. I" , , !- "may disregard any error or defect of procedure which does not affect the substantial rights of the parties."1O I DISCUSSION In Bon Homme Richard Restaurants, Inc. v. Three Rivers Bank and Trust Co., 298 Pa. Super. 454, 444 A.2d 1272 (1982), the Pennsylvania Superior Court affirmed the dismissal of a complaint in equity on preliminary objections where an earlier action had been dismissed for lack of docket activity under a local rule adopted pursuant to Pennsylvania Rule of Judicial Administration 1901 and where the new action had been filed without securing leave of court. In its opinion, the Court stated as follows: [We have] recognized that Pa. R.IA. No. 1901 sets forth a judicial policy to resolve pending cases as promptly as possible and, if a plaintiff's stale claim is dismissed, he may still petition the court to (1) take off the non pros or (2) bring a second action. Clearly, the alternatives do not permit unilateral action by the party seeking reinstatement of its action. A petition setting forth ... three necessary allegations in excuse of delay must be submitted to the court. Whether the party requests that the original case be reinstated or requests permission to start the same cause of action under a new term and number is ... not material. What is important is that he shall give cogent reasons for his inactivity, and that the court shall determine whether permission to proceed will be forthcoming. * * * * Plaintiff in this case had a remedy to pursue, but simply chose to make an "end run" around the Rules. The court below was proper in refusing to permit this action. Id. at 457,444 A.2d at 1273 (1982). 10 Plaintiff's Memorandum of Law in Oppositiou to Preliminary Objections of Defendant Sean J. W olfington, at 4. 4 The three allegations referred to by the Court in Bon Homme to support a petition for reinstatement or a new complaint are that: "(1) the petition was timely filed; (2) the reason for the default was reasonably excused; [and] (3) facts constituting a meritorious cause of action were alleged." Id at 456, 444 A.2d at 1273. It may be noted that Plaintiff herein has recently filed a petition to reinstate the earlier action, which petition remains pending. I I The court being of the view that the decision in Bon Homme is controlling with respect to Defendant's preliminary objections in the present case, the following order will be entered: ORDER OF COURT AND NOW, this 3rd day of April, 2001, upon consideration of Defendant Sean J. Wolfington's preliminary objections to Plaintiffs complaint, and for the reasons stated in the accompanying opinion, the preliminary objections are sustained and Plaintiffs complaint is dismissed as to Defendant Sean J. Wolfington. BY THE COURT, sf J. Weslev Oler. Jr.. J. J. Wesley 0ler, Jr., J. Charles T. Young, Jr., Esq. 100 Pine Street Harrisburg, PA 17108-1166 Attorney for Plaintiff 11 See Plaintiff's Petition for Reinstatement of Case Dismissed for Lack of Docket Activity, filed January 3,2001, Dickinson College v. Harry J. Wolfington and Sean J. Wolfington, No. 3270 Civil Term 1993. The court issued a rule upon Defendants in response to the petition on January 22, 2001. The matter remains pending. 5 Douglas G. Miller, Esq. West Pomfret Professional Building 60 West Pomfret Street Carlisle, PA 17013 Attorney for Defendant Sean J. Wolfington Harry J. Wolfington 501 Weatherstone Drive Paoli, PA 19301 Defendant, Pro Se :rc ""', (~L; i r , , 6 ,1_.."'.;,' .------'-, . , '_~_^ -.' "0<"; ;'. " "" ,",.", "'''''''~''''""". < c'".:"'~i-cE';;':'l -. '> DICKINSON COLLEGE, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW HARRY J. WOLFINGTON and SEAN J. WOLFlNGTON, Defendants : NO. 00-4934 CIVIL TERM PRAECIPE TO DISCONTINUE WITH PREJUDICE TO THE PROTHONOTARY: The Plaintiff, Dickinson College, requests that the above-captioned matter be discontinued with prejudice as to Defendant Harry 1. Wolfington. Defendant Sean 1. Wolfington has already been dismissed from the case, and the parties have now entered into a settlement agreement. Respectfully submitted, McNEES WALLACE & NURICK LLC By Attorney J.D. No. 100 Pine Street P. O. Box 1166 Harrisburg, P A 17108-1166 (717) 237-5397 Attorneys for Plaintiff Dickinson College Dated: June \ 5 , 2001 . ~ '0'-",. ~ '",'" ,,' ~.' C, ~"';,;,:,,~,J; , ,', . '",,' - ,:'" . .,-,.'", ~"';,," "",,,,",;"'''<' - ~"." ~--, .. CERTIFICATE OF SERVICE The undersigned hereby certifies that on this date a true and correct copy ofthe foregoing document was served by U.S. first-class mail, postage prepaid, upon the following: Douglas G. Miller, Esq. Irwin, McKnight & Hughes West Pomfret Professional Building 60 West Pomfret Street Carlisle, PA 17013-3222 Patrick C. Campbell, Esq. 60 Haymark Lane Bryn Mawr, PA 19010 (fiLl hlv Charles T. Youn Jr. Of Counsel for the Plaintiff Dickinson College Dated: June 1$,2001