HomeMy WebLinkAbout07-0721F:\FD.EMATAFII.E\DickinsonCollege7619\Collections\Curtent\ 164\164.com
Created: 3/5/03 2:23:29 PM
Revised: 2/6/07 11:55:21 AM
Christopher E. Rice, Esquire
MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER
MARTSON LAW OFFICES
Ten East High Street
Carlisle, PA 17013
(717) 243-3341
Attorneys for Plaintiff
DICKINSON COLLEGE, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
v.
FRANCES M. MANNINO, f/k/a
FRANCES M. HERGAN,
Defendant
NO.
CIVIL ACTION-LAW
JURY TRIAL OF TWELVE DEMANDED
NOTICE
You have been sued in court. If you wish to defend against the claims set forth in the
following pages, you must take action within twenty (20) days after this Complaint and Notice are
served, by entering a written appearance personally or by attorney and filing in writing with the court
your defenses or objections to the claims set forth against you. You are warned that if you fail to do
so, the case may proceed. without you and a judgment may be entered against you by the court
without further notice for any money claimed in the Complaint or for any other claim or relief
requested by the Plaintiffs. You may lose money or property or other rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS
OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO
PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL
SERVICES TO ELIGIBLE PERSONS AT A REDUCE FEE OR NO FEE:
Cumberland County Bar Association
32 South Bedford Street
Carlisle, Pennsylvania 17013
Telephone (717) 249-3166
Christopher E. Rice
MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER
MARTSON LAW OFFICES
Ten East High Street
Carlisle, PA 17013
(717) 243-3341
Attorneys for Plaintiff
DICKINSON COLLEGE, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. NO. 679-
CIVIL ACTION-LAW
FRANCES MANNINO, f/k/a
FRANCES M. HERGAN,
Defendant JURY TRIAL OF TWELVE DEMANDED
COMPLAINT
AND NOW, comes Plaintiff Dickinson College by and through its attorneys, MARTSON
DEARDORFF WILLIAMS & OTTO, and hereby avers as follows:
1. Plaintiff, Dickinson College, is a Pennsylvania educational institution and nonprofit
corporation with its principal place of business at West Street, Post Office Box 1773, Carlisle,
Cumberland County, Pennsylvania 17013.
2. Defendant, Frances Mannino, f/k/a Frances M. Hergan, is an adult individual with
a last known address of 201 Jay Street, Apt. A-8, Stowe, Montgomery County, Pennsylvania.
3. On or about November 15, 1996, Defendant entered into a Promissory Note - Federal
Perkins Loan Program (Note #1) with Plaintiff for the financing of $2,000.00 plus interest and costs
by Defendant on her own behalf, for educational services and benefits at Plaintiff's institution. A
copy of Note #1 is attached hereto as Exhibit "A."
4. On or about December 12, 1997, Defendant entered into an additional Promissory
Note - Federal Perkins Loan Program (Note #2) with Plaintiff for the financing of $2,000.00 plus
interest and costs by Defendant on her own behalf, for educational services and benefits at Plaintiff's
institution. A copy of Note #2 is attached hereto as Exhibit "B."
5. On or about September 4, 1998, Defendant entered into an additional Promissory
Note - Federal Perkins Loan Program (Note #3) with Plaintiff for the financing of $1,500.00 plus
interest and costs by Defendant on her own behalf, for educational services and benefits at Plaintiff's
institution. A copy of Note #3 is attached hereto as Exhibit "C."
6. Note #1, Note #2 and Note #3 are funds created under Part E of Title IV of the Higher
Education Act of 1965 as amended (hereinafter the "Act") and are subject to the Act and the Federal
Regulations issued under the Act.
7. As provided in the Act, Plaintiff acts in a fiduciary capacity in the handling,
disbursing and collecting of funds associated with the programs under the Act.
8. The collective principal for Note #1, Note #2 and Note #3 was $5,500.00.
9. Note # 1, Note #2 and Note #3 grant Plaintiff reasonable collection and attorneys' fees
which Plaintiff has calculated to be $825.00.
10. As of January 11, 2007, the principal and interest due and payable by Defendant to
Plaintiff was $6,231.16, with interest accruing at $.708 per day from January 12, 2007.
11. As of January 11, 2007, the outstanding balance of $7,056.16 represents the total and
actual overdue value of the financing provided to Defendant under Note #1, Note #2 and Note #3
for which Defendant has yet to pay.
12. Plaintiff has fulfilled, performed and complied with all obligations and conditions of
Note #1, Note #2 and Note #3.
13. Further, Defendant signed a Re-affirmation Agreement dated January 15, 2004,
attached hereto as Exhibit "D."
COUNTI
BREACH OF CONTRACT
14. Plaintiff hereby incorporates by reference the averments contained in Paragraphs 1
through 13 of this Complaint.
15. Defendant breached the expressed and implied obligations, conditions and terms of
agreement of Note #l, Note #2 and Note #3 and the Re-affirmation Agreement by failing to pay the
amounts financed therein.
WHEREFORE, Plaintiff demands judgment against Defendant in the amount of $7,056.16,
plus interest accruing at $.708 per day from January 11, 2007, and costs of suit.
COUNT II
IN QUANTUMMERUIT
16. Plaintiff hereby incorporates by reference the averments contained in Paragraphs 1
through 15 of this Complaint.
17. Having requested Plaintiff to loan money, and doing so to the benefit of Defendant,
Defendant became liable to Plaintiff for said money.
18. Defendant has been unjustly enriched by accepting said money without paying
Plaintiff reasonable compensation therefor.
19. As of January 11, 2007, the total amount by which Defendant has become enriched
is $7,056.16, with interest accruing at $308 per day from January 12, 2007.
WHEREFORE, Plaintiff demands judgment against Defendant in the amount of $7,056.16,
plus interest accruing at $308 per day from January 11, 2007, and costs of suit.
MARTSON LAW OFFICES
Christopher E. Rice
I.D. Number 90916
Ten East High Street
Carlisle, PA 17013-3093
(717) 243-3341
Date: Attorneys for Plaintiff
/
This a debt collecting firm. Any information obtained will be used for that purpose.
EXHIBIT "A"
FEDERAL PERKINS LOAN
PROMISSORY NOTE
Section A: Borrower Section
1. Name (last, first, middle initial) and 2. Social Security Number
Permanent Address (street, city, state, zip code)
Hergan, Frances M. 3. Date of Birth
/I ll 4. Area Code/Telephone Number
Loci
5. Driver's license Number (List state abbreviation first)
(WIN
6. School Name & Address (street, city, state, zip code) 7. Borrower Status 8. Interest Rate
Dicks scrt College :0 Half-tlme or greater O less than he-Ums 5%
P.O. Banc 1773 9. Loan Amount: 10. Loan Period
Carlisle, PA 17013-2896
$2000.00 1996-97
TERMS AND CONDITIONS:
[Any bracketed dam or paragraph may be included at option of imUtutionl
APPLICABLE LAW - The terms of this note and any disbursements made under this note shall be interpreted in accordance with Part E of Title IV of the Higher
Education Act of 1965, as amended (hereinafter called the Act), as well as Federal regulations issued under the Act. All sums advanced under this note are subject to the
Act and Federal regulations issued under the Act.
REPAYMENT - I am obligated to repay the principal and the interest that accrues on it to the above-named institution (hereinafter called the school) over a period
beginning 9 months (or sooner If I am a less than a half-time borrower) after the date I cease to be at least a half-time student at an Institution of higher education or a
comparable school outside the United States approved by the United States Secretary of Education (hereinafter called the
request in writin that Secretary) and ending 10 wean later, unless I
g my repayment period begin sooner. I understand that the school will report the amount of my installment payments, along with the amount of this
loan to a national credit bureau. Interest on this loan shall accrue from the beginning of the repayment period. My repayment period may be shorter than 10 years if l am
required by my school to make minimum monthly payments. Upon my written request my repayment period may be extended during periods of deferment, hardship, or
forbearance and I may make graduated Installments in accordance with a schedule approved by the Secretary. I will make
bimonthly or quarterly installments as determined by the school. The school round installment equal
my my payments in will monthly,
may installment payment to the next highest ighest mu multipleof S5. [i w will make a
minimum monthly repayment of $40 (or $30 if I have outstanding Federal Perkins loans made before October 1, 1992 that included the $30 minimum payment option)
in accordance with the Minimum Monthly Payment Section of the Terms and Conditions contained on the reverse side of this document.)
LATE CHARGES - The school will impose late charges If I do not make a scheduled payment when due or if I fad to submit to the school on or before the due date of
the payment, a properly documented written request that I qualify for any of the forbearance, deferment or cancellation benefits as described below. No late charges may
exceed 20% of my monthly, bimonthly or quarterly payment. The school may add the late charges to principal the day after the scheduled repayment was dux or Include
it with the next scheduled repayment after I have received notice of the charge, and such notice its sent before the next installment is due.
REQUESTS FOR DEFERMENT. CANCELLATION OR FORBEARANCE - To receive deferment, cancellation, or forbearance benefits, I must make a written request
to the school and must submit to the school any documentation the school requires to prove my eligibility for these benefits. I am responsible for submitting the
appropriate requests on time, and I may lose my benefits if I fail to file my request on time.
DEFAULT - If I fail to make a scheduled payment when due; if I fail to submit to the school, on or before the due date of a scheduled payment, documentation that I
qualify for a deferment, cancellation, or forbearance; or if I fall to comply with the tears and conditions of this promissory mote or written repayment agreement the
school may, at its option, declare my loan to be in default and may accelerate my loan (demand hnmediate payment of the entire unpaid balance of the loan, including
principal, Interest, late charges, and collection costs). The school, and the Secretary, if rrty loan is assigned to the Secretary for collection, shall disclose to credit bureau
organizations that I have defaulted and all other relevant loan information. I will lose my right to defer payments and my right to forbearance if I default on my loan. I
will lose my right to receive cancellation benefits for service that is performed after the date the school accelerated the loan. I will be ineligible for any further federal
student financial assistance authorized under the Act until I make arrangements that are satisfactory to the school or the Secretary to repay my loan.
CHANGE OF STATUS - I will inform the school of any change in my name, address, telephone number. Social Security number, or driver's license number.
ASSIGNMENT - This note may be assigned by the school only to the United States. The provisions of this note that relate to the school shall where appropriate relate to
the assignee.
PROMISE TO PAY. I promise to pay the school, or a subsequent holder of the Promissory Note, the sum of amount(s) advanced to me under the terns of this Note, plus
interest and other fees which may become due as provided in this Note. I promise to pay all reasonable collection costs, including attorney fees and other charges,
necessary for the collection of any amount not paid when due. I will riot sign this Note before reading it, including the provisions on the reverse side. This loan has been
made to me without security or endorsement. My signature certifies I have read, understand, and agree to the terms and conditions of this Promissory Note. THIS IS A
LOAN(S) THAT MUST BE REPAID
M/0 9.1Z Q?" a // 1J51 qx
Signature' f Date-
Terms and Conditions (cont.)
HARDSHIP REPAYMENT OPTIONS - Upon my written request, if I
qualify as a low-income individual during the repayment period, the school
may extend the repayment period for up to an additional ten (10) years and
may adjust any repayment schedule to reflect my income. Upon my written
request, the school may extend the repayment period if, in its opinion,
prolonged illness or unemplovment prevent me from making the scheduled
repayments during which time interest will continue to accrue. The school
may permit me to pay less than the minimum monthly repayment rate for a
penod of not more than one yearat a tune if I experience a period of
prolonged illness or unemplovment except such action may not extend the
repayment penod beyond 10 years.
GRACE PERIODS -My initial grace period before beginning repayment is
months. If I am a Less-Than-Half-Time Borrower with outstanding Federal
Perkins Loans. my repayment begins when the next scheduled installment of
my outstanding loan is due. If I am a Less-Than-Half-Time Borrower with n
outstanding Federal Perkins Loans, my repayment begins the earlier of: 9
months from the date my loan was made. or 9 months from the date I becam
less than a half-time student, even if I received the loan after I became a less
than half-time student. My payments will resume after a post-deferment grace
period of 6 months that follows deferments that apply to Federal Perkins
loans.
PREPAYMENT - I may prepay all or any part of my unpaid loan balance,
plus any accrued interest, at any time without penalty. Amounts I repay in the
academic year in which the loan was made and before the initial grace period
has ended will be used to reduce the amount of the loan and will not be
considered a prepayment. If I repay amounts during the academic year in
which the loan was made and the initial grace period ended, only those
amounts in excess of the amount due for anv repayment period shall be
considered a prepayment. If, in an academic vear other than the award year in
which the loan was made. I repay more than the amount due for an install-
ment. the excess will be used to repay principal unless I designate it as an
advance payment of the next regular installment.
MINIMUM MONTHLY PAYMENT - I will make a minimum monthly
repayment of $40 (or $30 if I have outstanding Federal Perkins loans made
before October 1, 1992 that included the $30 minimum payment option) if
required by the school. If the total monthly repayment rate on this loan and
any outstanding Federal Perkins loans I may have is less than the minimum
monthly repayment rate established by the school, the school may still require
a minimum monthly repayment rate. A minimum monthly repayment
amount will combine my obligation on this and all my outstanding Federal
Perkins loans, including those made at other schools. The portion of the
minimum monthly payment that will be applied to this loan will be the
difference between the minimum monthly payment and the total amounts
owed at a monthly rate on my other Federal Perkins loans. If each school
holding my outstanding Federal Perkins loans exercises the minimum monthly
payment option, the minimum monthly repayment will be divided among the
schools in proportion to the amount of principal advanced by each school.
FORBEARANCE - Upon making a properly documented written request to
the school, I am entitled to forbearance of principal and interest or principal
only. renewable at intervals up to 12 months for periods that collectively do
not exceed three years, under the following conditions: If my monthly Title IV
loan debt burden equals or exceeds 20°'b of my total monthly gross income: if
the Secretary authorizes a period of forbearance due to a national military
mobilization or other national emerpency: or if the school determines that I
qualify due to poor health or for other reasons, including service in
AmenCorps. interest accrues during any period of forbearance.
DEFERMENTS - Upon making a properly documented written request to
the school. I inav defer making scheduled installment payments and will not
he liable for anv interest that might other-wise accrue I) dunng am, period that
I am: envc.11m and attending :s a regular student in at least a half-rime course
of study at an eligible school: enrolled and attending as a regular student a
graduate fedcwship program approved by the Secretary. engaged in graduate
or post-graduate fellowship-supported study outside the US. enrolled and
attending a mhabiliucion training program for disabled individuals approved
by the Secretary: engaged to public service that dualities me to have part or all
of my loan canceled; 2) fur a penod not to exceed three vears dunng which I
am uTking but unahie to find full time employment, 3) for a penod not to
exceed rl:rr t :ear ,luring,.%hieh i im oxpericr.Cing Lin economic hardship as
deterruned by the uhrntl i Lion riot eligible fcr a deferment while Robing in a
medical internship or rostdcn.c% prrgrain. I may -ortinue to defer making
scheduled .nstallment payments and will not tx• liable !fir any interest that
might oihrrvise accrue. for i six-month period ommediateiv following the
e.xpiratior of .try pie tcrmt•rt period described in thn paragr.iph.
CANCELLATIONS Upon making a properly documented written request
to the school. I am entided to have up to 1009ii of the original principal loan
amount of this loan canceled if I perform qualifying service in the areas listed
in paragraphs A. B. C. D and E below. Qualifying Service must be performed
after I receive the loan.
A. Teaching • a full-time teacher in a public or other nonprofit elementary or
secondary school, that has been designated by the Secretary in accordance with
the provisions of section 465 (a) (2) of the Act as a school with a high
concentration of students from low-income families. An official Directory of
designated low-income schools is published annually by the Secretary. • a full-
time special education teacher in a public or nonprofit elementary or
secondary school system. • a full-time teacher, to a public or other nonprofit
elementary or secondary school system, who teaches mathematics, science,
9 foreign languages, bilingual education, or any other field of expertise that is
determined by the State Department of Education to have a shortage of
qualified teachers in that State.
o B. Early Intervention Services • a full-time qualified professional provider of
early intervention services in a public or other nonprofit program under public
e supervision by a lead agency as authorized by section 672(2) of the Individuals
with Disabilities Education Act. Early Intervention Services are provided to
infants and toddlers with disabilities.
C. Law Enforcement or Corrections Officer • a full-time law enforcement
officer for an eligible local, State, or Federal law enforcement agency, or • a
full-time corrections officer for an eligible local, State, or Federal corrections
agency.
D. Nurse or Medical Technician • a full-time nurse providing health care
services: or • a full-time medical technician providing health care services.
E. Child or Family Service Agency • a full-time employee of an eligible public
or private, non-profit child or family service agency who is providing or
supervising the provision of services to high-risk children who are from low-
income cummunities and the families of such children.
Cancellation Rates - For each completed year of service under paragraphs A,
B. C. D and E a portion of this loan will be canceled at the following rates:
• 15% of the original principal loan amount for each of the first and second
years: • 20% of the original principal loan amount for each of the third year
and fourth years: and • 30% of the original principal loan amount for the fifth
year.
F. Head Start Cancellation - Upon making a properly documented written
request to the school, I am entitled to have up to 100% of the original
principal loan amount canceled for qualifying service performed after I receive
the loan as: • a full-time staff member in the educational component of a
Head Start program which is operated for a period comparable to a full school
year and which pays a salary comparable to an employee of the local educa-
tional agency.
Cancellation Rate - For each completed year of service under the Head Start
Cancellation provision, this loan will be canceled at the rate of 15% of the
original principal loan amount.
G. Military Cancellation - Upon making a properly documented written
request to the school, I am entitled to have up to 50'0" of the principal amount
of this loan canceled for qualifying service performed after I receive the loan
as: • a member of the Armed Forces of the United States in an area of
hostilities that qualifies for special pay under section 310 of Title 37 of the
United States Code.
Cancellation Rate For each completed year of service under the Military
Cancellation provision, this loan will be canceled at the rate of 12 U2`13 of the
original principal loan amount.
H. Volunteer Service Cancellation - Upon making a properly documented
written request to the school. I am entitled to have up to 70''0 of the original
principal loan amount of this loan canceled for lualifyrng service performed
after I received the loan is. • a coluntet-r under the Peace Corps :act; • a
volunteer under the Domestic Volunteer Ser ice Act of 1973 iACTION
programs)
Cancellation Rate - For each completed vav of wr ice under the volunteer
Senice Cancellation provision, a portion of this loan y% ill he canceled at the
following rates:
• 15`r) of the onginal principal loan amnunt for each of the first and second
12-month periods of a wive. and • ",0'? it thc, or virml principal loan amount
for each of the rhird aril fourth : 2 month prnnds oC :er u,•
I. Death and Disabilitv Cancellation In the event A env de:uh, the school
%%ill cancel the total amount owed on 'his Dian if i hrcorne• pennanenth and
totalh' disabled after I receive this !ran. the school •,%ill cancel the total amount
owed on this loan.
EXHIBIT "B"
FEDERAL PERKINS LOAN
PROMISSORY NOTE
Section A: Borrower Section
1. Name past, first, middle initial) and 2. Social Security Number
Permanent Address (street, city, state, zip code)
?L 3. Date of Birth
Hergan, Frances M. 4. Area Coderrelephone Number
5. Dmvw% License Number (List state abbreviation first)
?
G School Name & Address (street. c ft state. zip code) Z Borrower Status 8 Merest Rate
Diddi m College 10 Nor-rue Q 9"Mw D ies utm ha -bm 5%
P.O. Boat 1773 1 Loan Amolxtt: 10. Loan Period
Carlisle. PA 17013-2896
$2,000.00 1997-98
TMW AM
COfWWTXXM-
1AM brecicrted clatne or paagaph tray be =leaded at option d:tsuta,c on. )
APPLICABLE LAW - The teats of this wrote sad any did suave onas trade under tlaa loofa shay be irmepttted in aocwdance wads part E of Tide IV of the Higbw
Edtatat"n Ait of 1%5. ac arra+tnded called floe abet), as wel as Federal regaobvionts awed wader the Acs.. An .purrs adi a iced under this now ate stAWa to the
Act mW feeltral r'egsalottom i mood under tlae gild.
REPAYMENT - I am obbpated ro repay the pro ctpol and the iritemst fiat arcriaes 4an a to the abinime-mimed kintpettiaa (bee mFtc called the school) over a period
beginnirig 9 run offs (of sooner of I .stmt a less thate a half-agree bonew H atiter the rinse i oese so be at Janet a half-tinge itiadeat at am Insmatinais of higher ediararmo or a
conapata tie sdvoei ci acrid a the Lk* t d Sweet apl taved lay time Um ed Sta es Secretary at Eaw atian Oniv onsfear raced she
Sacietatgi) exatililing 10 }ens Carer. ,aralless 1
rtgwrest as VAHtttMt;"ray petvad be gn matter. t endetstaod dot ache sitstool antic tepmt the aMMUM ai gay ANMMbMnK paiOmec alone V/M& the aeamrsa of aunts
loam ft 'a Tunotaal credix buaeaa. Ivitraest %M tun lash What awnae hoot due hegsastg of the atpaya imtt period I14 meepayaamt prrimd may be 11 than 10 years d I an
regwWttrd try tunny st %ool to avala wtwmasaaw -ably pay moos. Lipton any wwtitees twgaeaa any e*rayaaes[ ptstacd any be easesdeed " perstick of ded'e?a hand. or
iml47rearance and I twary .'make grardemsfd AUtWbWXM uw actsatAtroe' WI* a S&M*uk aptptoaeed by tihe'SeCOMy. I gall awake My itmY®¢ POYMMM a egWW mortar' t
AatmotettDeiy ? W fly ArswA.aacns as AWetoaaiaied by One sthta01. The sdlaal may taamd ray vainitillina t panjonav et to dire gait limit mulmpie aaf S5. (H will r®lte a
eninriviown moratto ftPW ae M of $40 '(ar $X* 1 Prove atiamw4aft metal 3!, **= ioaoa seams fseimoe Ot rmilper 1. 19E iin t i rise S30 mma;naton payaeaa ra m)
in accordance w o% tyre Tt3brnmm mt Morml,tly Pi ri mera Seemin mf rite Tetma and CAmdonot; (tag floe Warne side td dhns daoit®t.)
LAXF CHA S - The school WWI impost !hare du%w cif I do mot analte a aohsdWhdl pay mm at aakm ,doe w dif I fail am jubaas so doe scha w ® or mdicia tdite,due dose of
The payrrrent, a property docuraterttrd watt' request Um I'gtnhffy dad asey cif de Imilirmaooe..dttfetm®t OF , lid as M,dm=lked below. NO lac ? mwi'
ewceed 20% of my :momahtiy, bimmitililty or quafetty ;psy nwint. 7?he utsoroll mrty jltll Wle lttae rdhaga m poi air dtay.tiaa the mepnyamemt rta Age ar
it 'wftMe The V%-A sckw6uktd :rise ymeea Slicer I 'hove 'twriiartdl WAWt daf ?dlte dhm®e, amdl walk mmtiioe of am tt befime *a stew i 15 date.
R£OUEM FOR DEME &N'T.. CANCTUAT ION OR :FOMEA9 WAVE -& :re vskue' • cancell-o t, or *wbresrance beatefits, I moot make a wr'rttfln request:
U the school and must submit to the school any doctunerinsu mn die sdhead mquaes m piimtte my •alilobiiigy Tea tie beadier. I am.responaibk for submitting the
appropriate requests on time, and 1 snay'low -my beneiira iff 1 Tali vo Idle any mquest mn miwe.
DEFAULT - If I fail to make a scheduled patwitint when due. ffIU9t osailmtttft"vesehmmL.,mnaaribafm the-due ,date,op:¦scbmdedsd P • dmcumentrnian that l
guahify for •a dvilermeent, cancellation. or forberazanee: or if I tail me,aengpiby'wch *& mica wand atandhicam e this gitmoimmry mme,mr •wttiaen.Weganem agneearasi¢• the
school may, at its oprion, declare my town to be in i ds4i t and may acodFetat myi}mass ( rtand:iematedise ps ,trdyhe emm? uapmid behatitie,af he logo, including
principal. Interest, late charges. and collection eaattl. The adhodl, wdl'dhe Semeatry If my.tm> is,=sigaed am dhe'S?y tav:cm0eccime..tiball dtrolme to.medlt hs-u
onganizaniorts that I have defaulted and all ocher relevaslt'lesm:hd rnmimu. 1'w( !hw my,ntght: -to defbr;pspatesm and:w ay right to.foabeasance if 1 default tin my ?aan. I
will iktae my right're retxivt oamrceiBoalmri bereeifts Pmr?twtax dart stpenibmr0tlatiarrmhre dash oohtrdl,atsedterared dhe'leaan. 1'wIDbe hWigtkie for anyfsrcther federal
stu dentiflrtanetal assiatarioe suohorioed,unditirThe rlatt'uittfldmtdke attmitgenaraatdm insubIEatimryin dleschmeti,mr lie selcreaaytssepay, -W tman.
CHANTGE OF STATUS -1 will inform dhe whocil sit any ettarrge,in;my:rrertc. addttess. vdbgdun a number. Sociall:Seeuriny;number, or dniver's:liceme:wmber.
ASSIGNIMENT - This note "be awlgtred by the school,emlyaottthe Untmd. nun. Th;pom minto(efthn immeshat:aehaaeUTim sehonl-shall wheeeappa rpniaterohm-M
the assignee.
PROMISE TO PAY: I promise tin pay the school, or a subsequem 'hm?der ufshe Pammiasory Nr7ote, 'the sum of amount(s) advanced -to -me under-the terms of this Note, plus
interest and other fees which may become due as provided in chisNmte. I Twmise rw pay all Teasmnatll collection costs, including attorney fees and other charges,
necessarv for the collection of any amount not paid when due. I will not sign rata Note before reading tt, including the'provisiors on the reverse side. This loan has been
made to me without security or endorsement. My signature certifies I have read. understand, and agree to the terms and conditions of this Promissory Note. THIS I5 A
LOWS) THAT MUST 9E REP it
ft mower's skinsu" ?' DW L_
PERKINS (NDSL) TRUTH-IN-LENDING STATEMENT
DICRINSCN COLLEGE
Account Number
Name of Borrower Frances M. Hergan
Address VZ ( D r7 4i'
t+?tl) n C N'-_643
i
ANNUAL PERCENTAGE
RATE
The cost of your
credit as a yearly
rate.
Prior to
repayment
0 r During
repayment
5 7
AMOUNT FINANCED
The amount of
credit provided
to you.
$ 2,000.00
Itemization of the Amount Financed: $ 2,000.00 Amount given directly to you.
Late Charge: If a payment is late, you may be charged: $1.00 for the first
late payment, and $2.00 for each subsequent late payment if
this loan is payable monthly, $3.00 for each late payment if
this loan is payable bimonthly, $6.00 for each late payment
if this loan is payable quarterly.
Prepayment: If you pay off early, you will not have to pay a penalty.
See your promissory note for any additional information about nonpayment, de-
fault, any required repayment in full before the scheduled date, and pre-
payment.
T::E BORROWER AC.ZVCWLEDGES RECEIPT OF AN EXACT COPY OF THIS STATE.'ENT.
STUDENT I STITUTIONAL
BOR.ROW'ER . j.,"__::?REPRESENTATIVE
DATE) , f I j DATE
EXHIBIT "C"
FEDERAL PERKINS LOAN -e rn djid 9/5/IS
PROMISSORY NOTE 00273-000-00-3254-09
'd
'
ma*
KI
9S
J , a
Section A: Borrower section
1. Name (last, first, middle initial) and 2. Social Security Number
Permanent Address (street, city, state, zip code)
Hergan, Frances M. 209-586736
-
RR 1, Box 278
Birth
Date o . Date of
3.
Birth
Pittston, PA 18643
4. Area Code/Telephone Number
333-? a7
5. Driver's License Nu ber (List state abbreviation first)
Section B: School Section FT 3 4 -,1
6. School Name & Address (street, city, state, zip code) 7 Borrower Status
B. Interest Rate
Dickinson College U Half-tittle or greater ? Less mart haf-time 5%
P.O. Box 1773
Carlisle, PA 17013-2896 9. Loan Amount: 10. Loan Period
$1,500.00 1998-1999
TERMS AND CONDITIONS:
Any bracketed clause or paragraph may be included at option of institution.I
APPLICABLE LAW -The terms of this note and any disbursements made under this note shall be interpreted in accordance with Part E of Title IV of the Higher
Education Act of 1965, as amended (hereinafter called the Act), as well as Federal regulations issued under the Act. All sums advanced under this note are subject to the
Act and Federal regulations issued under the Act.
REPAYMENT - I am obligated to repay the principal and the interest that accrues on it to the above-named institution (hereinafter called the school) over a period
beginning 9 months (or sooner if I am a less than a half-time borrower) after the date I cease to be at least a half-time student at an Institution of higher education or a
comparable school outside the United States approved by the United States Secretary of Education (hereinafter called the Secretary) and ending 10 years later, unless I
request in writing that my repayment period begin sooner. I understand that the school will report the amount of my installment payments, along with the amount of this
loan to a national credit bureau. Interest on this loan shall accrue from the beginning of the repayment period. My repayment period may be shorter than 10 years if I am
required by my school to make minimum monthly payments. Upon my written request my repayment period may be extended during periods of deferment, hardship, or
forbearance and I may make graduated installments in accordance with a schedule approved by the Secretary. I will make my installment payments in equal monthly,
bimonthly or quarterly installments as determined by the school. The school may round my installment payment to the next highest multiple of $5. [1 will make a
minimum monthly repayment of $40 (or $30 if I have outstanding Federal Perkins loans made before October 1, 1992 that included the $30 minimum payment option)
in accordance with the Minimum Monthly Payment Section of the Terns and Conditions contained on the reverse side of this document.]
LATE CHARGES - The school will impose late charges if I do not make a scheduled payment when due or if I fail to submit to the school on or before the due date of
the payment, a properly documented written request that I qualify for any of the forbearance, deferment or cancellation benefits as described below. No late charges may
exceed 20% of my monthly, bimonthly or quarterly payment. The school may add the late charges to principal the day after the scheduled repayment was due or include
it with the next scheduled repayment after I have received notice of the charge, and such notice is sent before the next installment is due.
REQUESTS FOR DEFERMENT, CANCELLATION OR FORBEARANCE -To receive deferment, cancellation, or forbearance benefits. I must make a written request
to the school and must submit to the school any documentation the school requires to prove my eligibility for these benefits. I am responsible for submitting the
appropriate requests on time, and I may lose my benefits if I fail to file my request on time.
DEFAULT - If I fail to make a scheduled payment when due: if I fail to submit to the school, on or before the due date of a scheduled payment, documentation that I
qualify for a deferment, cancellation, or forbearance: or if I fail to comply with the terms and conditions of this promissory note or written repayment agreement, the
school may, at its option, declare my loan to be in default and may accelerate my loan (demand immediate payment of the entire unpaid balance of the loan, including
principal, interest, late charges, and collection costs). The school, and the Secretary, if my loan is assigned to the Secretary for collection, shall disclose to credit bureau
organizations that I have defaulted and all other relevant loan information. I will lose my right to defer payments and my right to forbearance if I default on my loan. I
will lose my right to receive cancellation benefits for service that is performed after the date the school accelerated the loan. I will be ineligible for any further federal
student financial assistance authorized under the Act until I make arrangements that are satisfactory to the school or the Secretary to repay my loan.
CHANGE OF STATUS - I will inform the school of any change in my name, address, telephone number, Social Security number, or driver's license number.
ASSIGNMENT - This note may be assigned by the school only to the United States. The provisions of this note that relate to the school shall where appropriate relate to
the assignee.
PROMISE TO PAY: I promise to pay the school, or a subsequent holder of the Promissory Note, the sum of amount(s) advanced to me under the terms of this Note, plus
interest and other fees which may become due as provided in this Note. I promise to pay all reasonable collection costs, including attorney fees and other charges,
necessary for the collection of any amount not paid when due. I will not sign this Note before reading it, including the provisions on the reverse side. This loan has been
made to me without security or endorsement. My signature certifies I have read, understand, and agree to the terms and conditions of this Promissory Note. THIS IS A
LOAN(S) THAT MUST BE REPAID
Signature
9-4-9p
Date:
Terms and Conditions (cont.)
HARDSHIP REPAYMENT OPTIONS - upon my written request, if I
qualify as a low-income individual during the repayment period, the school
may extend the repayment period for up to an additional ten (10) years and
may adjust any repayment schedule to reflect my income. Upon my written
request, the school may extend the repayment penod if, in its opinion,
prolonged illness or unemployment prevent me from making the scheduled
repayments during which ume interest will continue to accrue. The school
may permit me to pay less than the minimum monthly repayment rate for a
period of not more than one year at a time if I experience a period of
prolonged illness or unemplovment except such action may not extend the
repayment period beyond 10 years.
GRACE PERIODS - My initial grace period before beginning repayment is 9
months. If I am a Less-Than-Half-Time Borrower with outstanding Federal
Perkins Loans, my repayment begins when the next scheduled installment of
my outstanding loan is due. If I am a Less-Than-Half-Time Borrower with no
outstanding Federal Perkins Loans, my repayment begins the earlier of: 9
months from the date my loan was made. or 9 months from the date I became
less than a half-time student, even if I received the loan after I became a less
than half-time student. My payments will resume after a post-deferment grace
period of 6 months that follows deferments that apply to Federal Perkins
loans.
PREPAYMENT - I may prepay all or any part of my unpaid loan balance,
plus any accrued interest, at any time without penalty. Amounts I repay in the
academic year in which the loan was made and before the initial grace period
has ended will be used to reduce the amount of the loan and will not be
considered a prepayment. If I repay amounts during the academic year in
which the loan was made and the initial grace period ended, only those
amounts in excess of the amount due for any repayment period shall be
considered a prepayment. If, in an academic year other than the award Year in
which the loan was made. I repay more than the amount due for an install-
ment, the excess will be used to repay principal unless I designate it as an
advance pavment of the next regular installment.
MINIMUM MONTHLY PAYMENT - I will make a minimum monthly
repayment of $40 (or $30 if I have outstanding Federal Perkins loans made
before October 1, 1992 that included the $30 minimum payment option) if
required by the school. If the total monthly repayment rate on this loan and
any outstanding Federal Perkins loans I may have is less than the minimum
monthly repayment rate established by the school, the school may still require
a minimum monthly repayment rate. A minimum monthly repayment
amount will combine my obligation on this and all my outstanding Federal
Perkins loans, including those made at other schools. The portion of the
minimum monthly payment that will be applied to this loan will be the
difference between the minimum monthly payment and the total amounts
owed at a monthly rate on my other Federal Perkins loans. If each school
holding my outstanding Federal Perkins loans exercises the minimum monthly
payment option, the minimum monthly repayment will be divided among the
schools in proportion to the amount of principal advanced by each school.
FORBEARANCE - Upon making a properly documented written request to
the school. I am entitled to forharance of principal and interest or principal
only, renewable at intervals up to 12 months for periods that collectively do
not exceed three years, under the following conditions: If my monthly Title IV
loan debt burden equals or exceeds 20% of my total monthly gross income; if
the Secretary authorizes a period of forbearance due to a national military
mobilization or other national emergency: or if the school determines that I
qualify due to poor health or for other reasons, including service in
AmenCorps. Interest accrues during any period of forbearance.
DEFERMENTS - Upon making a properly documented written request to
the school. I may defer making scheduled installment payments and will not
be liable for any interest that might otherwise accrue 1) during anv period that
I am. enrolled and attending as a regular student in at least a half-time course
of study at an eligible school, enrolled and attending as a regular student a
graduate fellowship program approved by the Secretarv; engaged in graduate
or post-graduate fellowship supported study outside the US, enrolled and
attending a rehabilitation training program for disabled individuals approved
by the Secretary: engaged in public service that qualifies me to have part or all
of my loan canceled: 2) for a period riot to exceed three Years during which I
am sc-eking but urahiv io find full-nine employment, 3) for a period riot to
exceed three years dur111K'.chrch 1 im experiencing an economic hardship as
deternuned by the x howl. I am nor eligihle for d deferment while serving ina
medical :rater nship ,ir residency program. I may continue to defer making
scheduled inst.illrnent payments and will nut be liable for any interest that
might other-wise accrue for a six-month period immediately Hollowing the
expirarn)u .,f am. ,ieti-rnwnt period described in this paragraph.
CANCELLATIONS - Upon making a properly documented written request
to the school, I am entitled to have up to 1009/h of the original principal loan
amount of this loan canceled if I perform qualifying service in the areas listed
in paragraphs A, B. C. D and E below. Qualifying Service must be performed
after I receive the loan.
A. Teaching • a full-time teacher in a public or other nonprofit elementary or
secondary school, that has been designated by the Secretary in accordance with
the provisions of section 465(a)(2) of the Act as a school with a high
concentration of students from low-income families. An official Directory of
designated low-income schools is published annually by the Secretary. • a full-
time special education teacher in a public or nonprofit elementary or
secondary school system. • a full-time teacher, in a public or other nonprofit
elementary or secondary school svstem, who teaches mathematics, science,
foreign languages, bilingual education, or any other field of expertise that is
determined by the State Department of Education to have a shortage of
qualified teachers in that State.
B. Early Intervention Services • a full-time qualified professional provider of
early intervention services in a public or other nonprofit program under public
supervision by a lead agency as authorized by section 672(2) of the Individuals
with Disabilities Education Act. Early Intervention Services are provided to
infants and toddlers with disabilities.
C. Law Enforcement or Corrections Officer • a full-time law enforcement
officer for an eligible local. State, or Federal law enforcement agency: or • a
full-Lime corrections officer for an eligible local, State, or Federal corrections
agency.
D. Nurse or Medical Technician • a full-tune nurse providing health care
services: or • a full-time medical technician providing health care services.
E. Child or Family Service Agency • a full-time employee of an eligible public
or private non-profit child or family service agency who is providing or
supervising the provision of services to high-rtsk children who are from low-
income communities and the families of such children.
Cancellation Rates - For each completed year of service under paragraphs A,
B. C. D and E a portion of this loan will be canceled at the following rates:
• 15% of the original principal loan amount for each of the fast and second
years; • 20% of the original principal loan amount for each of the third year
and fourth years; and • 300/a of the original principal loan amount for the fifth
year.
F. Head Start Cancellation - Upon making a properly documented written
request to the school, I am entitled to have up to 100% of the original
principal loan amount canceled for qualifying service performed after I receive
the loan as: • a full-time staff member in the educational component of a
Head Start program which is operated for a period comparable to a full school
year and which pays a salary comparable to an employee of the local educa-
tional agency.
Cancellation Rate - For each completed year of service under the Head Start
Cancellation provision, this loan will be canceled at the rate of 15% of the
original principal loan amount.
G. Military Cancellation - Upon making a properly documented written
request to the school, I am entitled to have up to 50% of the principal amount
of this loan canceled for qualifying service performed after I receive the loan
as: • a member of the Armed Forces of the United States in an area of
hostilities that qualifies for special pay under section 310 of Title 37 of the
United States Code.
Cancellation Rate - For each completed'Year of service under the Military
Cancellation provision, this loan will be canceled at the rate of 12 1/2% of the
original principal loan amount.
H. Volunteer Service Cancellation - Upon making a properly documented
written request to the school. I am entitled to have up to 70`% of the original
principal loan amount of this loan canceled for qualifying service performed
after I received the loan as: • a volunteer under the Peace Corps Act; • a
volunteer under the Domestic Volunteer Service Act of 1973 (ACTION
programs)
Cancellation Rate - For each completed Year of service under the Volunteer
Service Cancellation provision, a portion of this loan will be canceled at the
following rates:
• 15"x, of the original principal loan amount for each of the first and second
12-nionth periods of ,ervice. and • 20"> of the original principal loan amount
for each of the third and fourth 12 month penod.s of sery,te.
1. Death and Disability Cancellation In the event of my death, :he uhnol
will cancel the total amount owed on this loan If i hecorne permanently and
totally disabled after I receive this loan. the school will cancel the total amotmt
owed on this loan
PERKINS (NDSL) TRUTH-IN-LENDING STATEMENT
DIC{INSCN COLLZGE
Account Number 00273-000-00-3254-09
Name of Borrower Francps M_ Hprgan
Address RR 1, Box 278
Pittston, PA 18643
ANNUAL PERCENTAGE
RATE
The cost of your
credit as a yearly
rate.
Prior to
repayment
0 9.
During
repayment
5 %
AMOUNT FINANCED
The amount of
credit provided
to you.
$1.-S00-00
I Itemization of the Amount Financed: $1}500.00 Amount given directly to you.
Late Charge: If a payment is late, you may be charged: $1.00 for the first
late payment, and $2.00 for each subsequent late payment if
this loan is payable monthly, $3.00 for each late payment if
this loan is payable bimonthly, $6.00 for each late payment
if this loan is payable quarterly.
Prepayment: If you pay off early, you will not have to pay a penalty.
See your promissory note for any additional information about nonpayment, de-
fault, any, required repayment in full before the scheduled date, and pre-
payment.
THE BORROWER ACKNOWLEDGES RECEIPT OF AN EXACT COPY OF THIS STATEMENT.
STUDENT INSTITUTIONAL
BORROWER Yet- 0JREPRESENTATIVE Y X
DATE I4. ?ci ?'? DATE --_,
EXHIBIT "D"
MARTSON DEARDORFF WILLIAMS & OTTO
M
INFORNIATION -ADVICE -ADVOCACY
TPS F.As-L HIGI1 STREET
CARLISLE. PENNSYLVANIA 1=013
Tiui,IIoNE (7171 2-0-3341
FAcsnuLE (71,) 243-180
INTERNET vvwx.niC1woxom
ATTORNEYS & COUNSELLORS AT L;?w
WILLIAM F. MAIMON
JOHN B. FOWLER III
EL)WARD L. SCHORPP
DANIEI. K. DE.ARDORH
THONIAS J. WILLIAMIS'
IVO V. OTTo III
GI-ORGF. B. FALLER JR.'
CARL. C. RISCIi
DAVID A. FITZSIMIONS
DAVID R. GAL.L.ONVAY
ANTHONY T. Lucmo
January 15, 2004 CHRISTOPHER E. R1cE
STEVEN J. SHANAHAN
'BOARD CFRFIFIFD CIVII. TRIM- SNH'LMSI
Ms. Frances Hergan
780 Main St., Apt. C
Royersford, PA 19648
RE: Dickinson College v. Frances M. Hergan
No. 03-2325-Cumberland County C.C.P.
Our File Number: 7619C.164
Dear Ms. Hergan:
As you know, we represent Dickinson College, (hereinafter "Dickinson"), to whom, as of the
date of this letter, you are indebted the sum of $6,070.35. As you know, that payoff is related to the
attached Perkins Loan Notes. We thank you for contacting our office on January 2, 2004, with your
proposed payment plan. We write to memorialize more specific payment terms.
Commencing January 25, 2004, you agree to pay Dickinson $50.00 per month until the debt
is satisfied. All payments shall be made on or before the twenty-fifth day of each month and will
be credited to the unpaid balance of the debt. Each payment should be mailed to MDW&O, Attn:
David R. Galloway, Ten East High Street, Carlisle, PA 17013 and checks should be made payable
to "MDW&O." If you move or change your address at any time before the debt is paid in full, you
must notify Dickinson with the mailing address where you can be reached. As time passes, interest
will accrue and will increase the amount of the debt owed to Dickinson.
If you agree to the re-payment terms and to re-affirm your obligation to Dickinson, please
sign this letter where indicated and return it to us in the envelope we enclose for your convenience.
We enclose a marked copy of this letter for your file. We must receive an executed copy of this
letter along with your first payment by January 25, 2004. Additionally, because you satisfied your
INFORMATION - ADVICE - ADVOCACY s"'
Ms. Hergan
January 15, 2004
Page 2
Student Account balance, we have withdrawn the action against you in the Cumberland County
Courthouse. For your reference, we enclose a copy of the Praecipe to Settle Discontinue and End.
Again, we thank you for satisfying that obligation.
In making this communication, we are advising you this firm is attempting to collect a debt
for Dickinson College. Any information gained from this communication will be used for that
purpose.
Very truly yours,
MARTSON DEARP(KFF WILLIAMS & OTTO
David R. Galloway
Enclosure
cc: Ms. Sally Heckendom (via e-mail)
F:\FILES\DATAFILE\Dickinson College 7619\DickinsonCollegeCollections7619C\Cur ent\164.th6
I, Frances Hergan, intending to be legally bound hereby, re-affirm the debt, under seal, owed
to Dickinson College and agree to the terms and conditions of this payment agreement.
Q
Fr ces Hergan
INFORMATION • ADVICE • ADVOCACY"'
VERIFICATION
I, THOMAS MEYER, Bursar of Dickinson College, acknowledge that I have the authority
to execute this Verification on behalf of Dickinson College and certify that the foregoing Complaint
is based upon information which has been gathered by my counsel in the preparation of this lawsuit.
The language of this Complaint is that of counsel and not my own. I have read the document and
to the extent that this Complaint is based upon information which I have given to my counsel, it is
true and correct and to the best of my knowledge, information and belief. To the extent that the
content of this Complaint is that of counsel, I have relied upon counsel in making this Verification.
This statement and Verification are made subject to the penalties of 18 Pa. C.S. § 4904
relating to unsworn falsification to authorities, which provides that if I knowingly make false
averments, I may be subject to criminal penalties.
Dickinson College
?c
Thomas Meyer
Bursar
Dated: 0 5)0
F: \FI LES\DATAFILE\DickinsonC ollege 7619\Collections\C mrent\ 164\ 164. com
C,_}
--rj }
N Al
cy,
Christopher E. Rice, Esquire
MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER
MARTSON LAW OFFICES
Ten East High Street
Carlisle, PA 17013
(717) 243-3341
Attorneys for Plaintiff
DICKINSON COLLEGE, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V.
NO.07 - 721 CIVIL TERM
CIVIL ACTION-LAW
FRANCES M. MANNINO, f/k/a
FRANCES M. HERGAN,
Defendant JURY TRIAL OF TWELVE DEMANDED
TO: FRANCES M. MANNINO, f/k/a FRANCES M. HERGAN
NOTICE OF ENTRY OF DEFAULT JUDGMENT
You are hereby notified that on j L, 9 E_ I. , 2007, the following Judgment was
entered against you in the above-captioned case: Judgment in the amount of $7,056.16, plus costs
of suit and interest from date of judgment as per the Notes attached to the Complaint for Defendant's
failure to file an answer to the Complaint.
Date: (e i (, 167
r honotary 1 ,
I hereby certify that the name and address of the proper person to receive this notice under
Pa. R. Civ. P. 236 is:
Frances M. Mannino f/k/a
Frances M. Hergan
RR #1, Box 278
Pittston, PA 18643
Christopher E. Rice, Esquire
MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER
MARTSON LAW OFFICES
Ten East High Street
Carlisle, PA 17013
(717) 243-3341
Attorneys for Plaintiff
DICKINSON COLLEGE, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V.
FRANCES M. MANNINO, f/k/a
FRANCES M. HERGAN,
Defendant
TO THE PROTHONOTARY:
NO.07 - 721 CIVIL TERM
CIVIL ACTION-LAW
: JURY TRIAL OF TWELVE DEMANDED
PRAECIPE
Enter default judgment in the above-captioned action in favor of Plaintiff and against
Defendant Frances M. Mannino, f/k/a Frances M. Hergan, in the amount of $7,056.16, plus late fees
costs of suit and interest from date of judgment as per the Notes attached to the Complaint for
Defendant's failure to file an answer to the Complaint.
I do hereby certify that a written notice of intention to file this Praecipe was mailed to the
Defendant at the address indicated thereon, on March 13, 2007, which date was subsequent to the
date default occurred and at least ten (10) days prior to the date of the Praecipe.
MARTSON LAW OFFICES
By
0,o44 ?,?
Christopher E. Rice, Esquire
I.D. Number 90916
Ten East High Street
Carlisle, PA 17013
(717) 243-3341
Attorneys for Plaintiff
Dated: (/?/ Q7
Christopher E. Rice, Esquire
MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER
MARTSON LAW OFFICES
Ten East High Street
Carlisle, PA 17013
(717) 243-3341
Attorneys for Plaintiff
DICKINSON COLLEGE, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V.
NO.07 - 721 CIVIL TERM
CIVIL ACTION-LAW
FRANCES M. MANNINO, f/k/a
FRANCES M. HERGAN,
Defendant JURY TRIAL OF TWELVE DEMANDED
IMPORTANT NOTICE
TO: Ms. Frances Hergan Date: March 13, 2007
RR #l, Box 278, Pittston, PA 18643
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN
APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITTEN WITH THE COURT
YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU
ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE
ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR
OTHER IMPORTANT RIGHTS.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE
A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN
PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO
PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES
TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
This a debt collecting firm attempting to collect a debt. Any information obtained will be used for
that purpose.
Cumberland County Lawyer Referral Service
Cumberland County Bar Association
32 South Bedford Street
Carlisle, PA 17013
Telephone:(717) 249-3166
MARTSON DEARDORFF WILLIAMS & OTTO
By(:: -6.4 r'V?
Christopher E. Rice, Esquire
CERTIFICATE OF SERVICE
I, Mary M. Price, an authorized agent of MARTSON DEARDORFF WILLIAMS OTTO
GILROY 7 FALLER, hereby certify that a copy of the foregoing Praecipe was served this date by
depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as
follows:
Ms. Frances Hergan
RR #1, Box 278
Pittston, PA 18643
MARTSON LAW OFFICES
By / Qt4,c-cl
Mary rice
Ten Eas High Street
Carlisle, PA 17013
(717) 243-3341
Dated:
/?/
THIS IS A DEBT COLLECTING FIRM ATTEMPTING TO COLLECT A DEBT. ANY
INFORMATION.OBTAINED WILL BE USED FOR THAT PURPOSE.
r ra
(?.I 2z
t ;
SHERIFF'S RETURN - OUT OF COUNTY
CASE NO: 2007-00721 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
DICKINSON COLLEGE
VS
MANNINO FRANCES M FKA FRANCES
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
,.e-w wTwTrwT? --IXT/IT?(I T/f =LrA VDTTT('VC! M WWT?('!ZT\T
to wit:
but was unable to locate Her in his bailiwick. He therefore
deputized the sheriff of MONTGOMERY
serve the within COMPLAINT & NOTICE
On February 21st , 2007 , this office was in receipt of the
attached return from MONTGOMERY
Sheriff's Costs: So answers: _-
Docketing 18.00
Out of County 9.00
Surcharge 10.00 R. Thomas Kline
Dep Montgomery Co 33.00 Sheriff of Cumberland County
Postage 1.50
71.50 ? 310pl o, ?-
02/21/2007
MDW&O
Sworn and subscribe to before me
this day of
County, Pennsylvania, to
A. D.
. 114 The Court of Common Pleas of Cumberland County, Pennsylvania
Dickinson College
% vs.
Frances M. Manning f/k/a
Frances M. Hergan
No. 07-721 civil
County to execute this Writ, this
Sheriff of Cumberland County, PA
Affidavit of Service
Now, Febniary 8, 2007 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do
hereby deputize the Sheriff of Montgomery
deputation being made at the request and risk of the Plaintiff.
Now, T-CbC-", 20u7 , at OtSS- o'clock .4 M. served the
within Mn 1 C.J
upon Asr, A C-O-C,- -,,.>
at Cdr ?S ;?rzv1 LA-L
by handing to M r-A -,v 1C
a ? nue- c..Z, copy of the original Co tn,n I
and made known to Ay-? MCAA Inv the contents thereof.
So answers,
Sheriff of
Sworn and subscribed before
me this day of , 20
COSTS
SERVICE $
MILEAGE
AFFIDAVIT
County, (?A
SHERIFF'S RETURN
PROTHONOTARY D- 665
DEFENDANT: Frances M. Manning
DOCUMENT SERVED: Civil
INDIVIDUAL SERVED: Andrea Mannino
RELATIONSHIP TO DEFENDANT: Person In Charge
DATE AND PREVAILING TIME: 02-15-07 @ 08:55
LOCATION: 201 Jay Street, Apt. A-8, Stowe, PA
The above document was served on the defendant as per information listed above in
the County of Montgomery, Commonwealth of Pennsylvania.
Affirmed and subscribed before me on this day so answers.
02-16-07 John P. Durante
Notary Pu 1'ic Sheriff of Montgomery County
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Deputy Sheriff
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es ®ec. 18.2