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HomeMy WebLinkAbout03-0556F. TILES/DATAFILE/Dick,mon Co11ectdo6105.pral/tde G'ea[ed- 2/5/03 1033.13 AM Revised 2/5/03 11:2455 AM 7619c 105 DICKINSON COLLEGE, Plaintiff V. VINCENZO CARDI, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03- 5.5-6 &-'a 7-e,, CIVIL ACTION - LAW JURY TRIAL DEMANDED TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please issue a writ of summons against Vincenzo Cardi, 625 Pontiac Avenue, Cranston, RI 02910 as Defendant in the above captioned action and return same for service. MARTSON DEARD Date: February 5, 2003 David R. Gallowa E I.D. No. 87326 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff WILLIAMS & OTTO kAl C7 A s d CfJ -xi i?, Commonwealth of Pennsylvania County of Cumberland WRIT OF SUMMONS DICKINSON COLLEGE Plaintiff Vs. VINCENZO CARDI 625 PONTIAC AVENUE CRANSTON, RI 02910 Court of Common Pleas No. 03-556 In CivilAction-Law Defendant To VINCENZO CARDI You are hereby notified that DICKINSON COLLEGE the Plaintiff has / have commenced an action in Civil Action-Law against you which you are required to defend or a default judgment may be entered against you. (SEAL) Date FEBRUARY 6, 2003 CURTIS R. LONG Prothonotary By LI) Deputy Attorney: Name: DAVID R GALLOWAY ESQUIRE Address: TEN EAST HIGH STREET CARLISLE PA 17013 Attorney for: Plaintiff Telephone: (717)243-3341 Supreme Court ID No. 87326 F:\FILES\DATAFILE\Dickinson Collect.doc\105.pral/tde Created: 2/5/03 103313 AM Revised: 2/7/03 1:43.16 PM 7619c. 105 DICKINSON COLLEGE, Plaintiff V. VINCENZO CARDI and CHRISTINE M. CARDI, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-556 CIVIL ACTION-LAW : JURY TRIAL OF TWELVE DEMANDED AMENDED PRAECIPE TO RE-ISSUE WRIT' OF SUMMONS TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please amend the Writ of Summons in the above action to include Christine M. Cardi, 3423 Executive Avenue, Falls Church, Virginia 22042-3348, as a Defendant and return same for service. Date: February 7, 2003 MARTSON DEARD Rr By David R. Galloway, I.D. Number 87326 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff WILLIAMS & OTTO C C t7 C ca -n M rT _ y..t t s - -- r n T Commonwealth of Pennsylvania County of Cumberland WRIT OF SUMMONS DICKINSON COLLEGE Plaintiff Vs. VINCENZO CARDI AND 625 PONTIAC AVENUE CRANSTON, RI 02910 Court of Common Pleas No. 03-556 CIVIL TERM In CivilAction-Law CHRISTINE M. CARDI 3423 EXECUTIVE AVENUE FALLS CHURCH, VA 22042-3348 Defendant To VINCENZO CARDI AND CHRISTINE M. CARDI You are hereby notified that DICKINSON COLLEGE, the Plaintiff has / have commenced an action in Civil Action-Law against you which you are required to defend or a default judgment may be entered against you. (SEAL) CURTIS R. LONG Prothonotary Date FEBRUARY 7, 2003 B Deputy Attorney: Name: DAVID R. GALLOWAY, ESQUIRE Address: MARTSON DEARDORFF WILLIAMS & OTTO TEN EAST HIGH STREET CARLISLE, PA 17013 Attorney for: Plaintiff Telephone: 717-243-3341 Supreme Court ID No. 87326 F:\FILES\DATAFILEUckinson Collect.doc\105.pra2/cny Created: 2/20103 4:8:13 PM Revised: 2/21/03 0:4345 PM 7619C.105 DICKINSON COLLEGE, Plaintiff V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-556 CIVIL ACTION-LAW VINCENZO CARDI AND CHRISTINE M. CARDI, Defendant JURY TRIAL OF TWELVE DEMANDED PRAECIPE TO DOCUMENT SERVICE PUA;SUANT TO THE PENNSYLVANIA LONG ARM STATUTE I hereby certify that a copy of the Writ of Summons was mailed to Christine M. Cardi on February 11, 2003, by certified mail, restricted delivery, return receipt requested. Attached is the Post Office return receipt signed and dated February 15, 2003. MARTSON DEARDORFF WILLIAMS & OTTO By, HaV -0 R. Galloway; qui I.D. No. 87326 Ten East High Street Carlisle, PA 17013-3093 (717) 243-3341 Date: February 21, 2003 Attorneys for Plaintiff ?' f -_. ¦ Complete items 1; 2, and 3. Also complete item 4 if Restricted Delivery is desired. ¦ Print your name and address on the reverse so that we can return the card to you. ¦ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: /l 7G14t. 10, A. Received b,V (Please Print Cleady) I B. Date of DWWWY CC. ure X D. Is delivery If YES, en . "fY 1? ? `m ? No 3. Type p Certified mail ? Express Mail ? Registered ? Return Receipt for MerctwKb* ? Insured Mail ? C.O.D. 4. Restricted Delivery? (Extra Fee) Yes 2. Article Number !W & %O ROW of /73 /-f b? (Transfer from service label) PS Form 3811, March 2001 Domestic Return Receipt 102695-01-M-1424 m M M Postage $ -97 Ir r- CO Certified Fee Postm 1-1 Return Receipt Fee (Endorsement Required) , Z ° C3 Restricted Delivery Fee t R i E d d 1 Z C3 n orsemen re ( equ ) C3 Total Postage & Fees VA / r%- $ ? /9C. ...o se t To 7n 6-ib -- -=----------------------------------`--- O St ''t//, Apt. N 11 Box No. M O City State, Zt +4 ? (/' 42aa? -.334 1 t/, Direct Query - Intranet Page 1 of 1 Track/Confirm - Intranet Item Inquiry Item Number: 7000 1670 0001 879; t 1363 This item was delivered on 02/15/2003 at 12:35. Signature: capz(?/r Address: V6 Enter Request Type and Item Nurnber: Quick Search r Extensive Search r x a t t,of Qtk* and Extensity 5eictle Item Number: Submit Inquire on multIple_items. Go to the Product Tracking System Home-Page. http://pts.usps.gov/netdata-cgi/db2www/cbd-242.d2w/IMG 2/21/2003 Direct Query - Intranet - "Quick" Search Page 1 of 1 Track/Confirm - Intranet Item Inquiry - Domestic Item: 70001670 0001 8793 1363 Destination ZIP Code: 22042 City: FALLS CHURCH State: VA Ori in ZIP Code: City: 1 1state: Event Date Time Location DELIVERED 02/15/2003 12:35 FALLS CHURCH VA 22042 let p6irey Record j NOTICE LEFT 02/13/2003 11:28 FALLS CHURCH VA 22042 Enter Request Type and Item Number: Quick Search f» Extensive Search (` Examen of Quick and Extertsiw 5e Item Number: _5ubrrut Inquire on multiple items. Go to the Product Tracking System Home Page. http://pts.usps.gov/netdata-cgi/db2www/cbd-242.d2w/OUTPUT 2/21/2003 i1 13 F:\FILES\DATAFILE\Dickinson Collect.doc\105.pra3/cny Created: 2/28103 3:20:54 PM Revised: 2/28/03 3:21:50 PM 7619C. 105 DICKINSON COLLEGE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 03-556 CIVIL ACTION-LAW VINCENZO CARDI AND CHRISTINE M. CARDI, Defendant JURY TRIAL OF TWELVE DEMANDED PRAECIPE TO DOCUMENT SERVICE PURSUANT TO THE PENNSYLVANIA LONG ARM STATUTE I hereby certify that a copy of the Writ of Summons was mailed to Vincenzo Cardi on February 11, 2003, by certified mail, restricted delivery, return receipt requested. Attached is the Post Office return receipt signed and dated February 15, 2003. MARTSON D By Da`v R. Galloway, E3'4i I.D. No. 87326 Ten East High Street Carlisle, PA 17013-3093 (717) 243-3341. WILLIAMS & OTTO Date: February 28, 2003 Attorneys for Plaintiff ¦ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ¦ Print your name and address on the reverse so that we can return the cans to you. ¦ Attach this card to the back of the mailpiece or on the front if space permits. 1. Article Addressed to: 6.2s ??z??i ??e> ??i?.e,? ?r Gbz9 iv y?i9?• /05 2. Article Number l6 IQ &01 J-7, (Transfer from service labs!) A. Received by (P("W Print Clearly) I B. Date of Delivery C. Sign X _ ? Agent _ ? Addm D. Is delivery address different from item 1? ? Yes If YES, enteF?eAvery address below: ? No 3. Type Nf' Mail ? Regh"., etum Receipt for Merchandise ? Insured Mail ? C.O.D. 4. Restricted Delivery? F-vtm Fee) es /3570 PS Form 3811, march2oo1 Domestic Return Receipt Ln m m Postage $ 117 3' Certified Fee CA -A Ica J r Post V Return Receipt Fee y ?' r rl (Endorsement Required) C3 p ? 1? a Restricted Delivery Fee O Q '.Endorsement Required) ' `J O rj O Total Postage & Fees Is -7, -•0 Sent To a - z?rr ---- ealpl'e - ---------- - ' =---------------------- C3 Sire , Apt No , or PO BNo °'?` rQ?a?_,-----rcceJ------------------------------------------- O Cit tate, ZIP+4 PS ?o, for Instrucfions 102595-01-M-1424 cw3 {? 15 F.\FILFS\DATAFILB\Dickinson College 7619\DickimmCallegeCollectious9619C\Docu=c is\105.com1/c' Created 5/7/03 10 10,16 AM ReAlcd. 7/1/03 11 4.12 AM 76190 105 DICKINSON COLLEGE, Plaintiff V. VINCENZO CARDI and CHRISTINE M. CARDI, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 7g - s s-G . (.. IV ? l I 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 OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP: Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 MARTSON Dftyid-fCGalloway, Esquire I.D. No. 87326 Ten East High Street Carlisle, PA 17013 (717) 243-3341 & OTTO Date: *711103 Attorneys for Plaintiff DICKINSON COLLEGE, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 03- 55F CIVIL ACTION-LAW VINCENZO CARDI and CHRISTINE M. CARDI, Defendants JURY TRIAL OF TWELVE DEMANDED COMPLAINT AND NOW, comes Plaintiff Dickinson College by and through its attorneys, MARTSON DEARDORFF WILLIAMS & OTTO, and hereby avers as follows: Plaintiff Dickinson College is a Pennsylvania educational institution and nonprofit corporation with its principle place of business at West Street, Post Office Box 1773, Carlisle, Cumberland County, Pennsylvania 17013. 2. Defendant, Vincenzo Cardi, (hereinafter "Parent"), is an adult individual with a last known address of 625 Pontiac Avenue, Cranston, Providence County, Rhode Island 02910 3. Defendant, Christine M. Cardi, (hereinafter "Student") is an adult individual with a last known address of 3423 Executive Avenue, Falls Church, Fairfax County, Virginia 22042-3348. 4. On or about February 15, 1996, Parent and Student entered into a Promissory Note (Note 41) with Plaintiff for the financing of $5,400.00, plus interest, for educational services and benefits to Student at Plaintiff s institution. A copy of Note #1 is attached hereto as Exhibit "A." 5. On or about January 2, 1997, Parent and Student entered into an additional Promissory Note (Note 42) with Plaintiff for the financing of $9,365.00, plus interest, for educational services and benefits to Student at Plaintiff's institution. A copy of Note 42 is attached hereto as Exhibit "B." 6. The total collective principle balance for Note #1 and Note #2 is $14,765.00. 7. Note#1 and Note #2 grant Plaintiffreasonable collection and attorneys' fees which Plaintiff has calculated to be $2,214.75. 8. As of May 28, 2003, the principal and interest due and payable by Parent and Student to Plaintiff was $22,000.11, plus interest in the amount of $2.33 per day accruing thereafter. 9. Parent and Student stopped making monthly payments on Note #1 and Note#2 on or about February 14, 2000. 10. As of May 28, 2003, the outstanding balance of $22,000.11 represents the total and actual overdue value of the financing provided to Parent and Student under Note #I and Note #2 for which they have yet to pay. 11. Plaintiff fulfilled, performed and complied with all obligations and conditions of Note #1 and Note #2. COUNTI BREACH OF CONTRACT Dickinson College v Vincenzo Cardi & Christine M. Cardi 12. Plaintiffhereby incorporates by reference the averments contained in Paragraphs 1 through 11 of this Complaint. 13. Parent and Student breached the expressed and implied obligations, conditions and terms of agreement of Note #1 and Note #2 by failing to pay the amounts financed therein. WHEREFORE, Plaintiffdemands judgment against Defendants, Vincenzo Cardi and Christine M. Cardi, in the amount of $22,000.11, plus interest in the amount of $2.33 per day from May 28, 2003, collection and attorneys' fees in the amount of $2,214.75 and costs of suit. COUNT H INQUANTUMMERUIT Dickinson College v. Christine M. Cardi 14. Plaintiffhereby incorporates by reference the averments contained in Paragraphs I through 13 of this Complaint. 15. Having requested Plaintiffto loan money, and doing so to the benefit of Student, Student became liable to Plaintiff for said money. 16. Student has been unjustly enriched by accepting said money without paying Plaintiff reasonable compensation therefor. 17. As of May 28, 2003, the total amount by which Student has become enriched is $22,000.11, with interest in the amount of $2.33 per day accruing thereafter. WHEREFORE, Plaintiff demands judgment against Defendant, Christine M. Cardi, in the amount of $22,000.11, plus interest in the amount of $2.33 per day from May 28, 2003, collection and attorneys' fees in the amount of $2,214.75 and costs of suit. Date: 7/,/03 MARTSON DEARDORI(F WILLIAMS & OTTO David R. Galloway I.D. No. 87326 Ten East High Street Carlisle, PA 17013-3093 (717) 243-3341 Attorneys for Plaintiff i.1:.,. ??,?r y5?-o-\ DICKINSON COLLEGE FLEXIBLE FINANCING SYSTEM - PLAN B EDUCATIONAL GOODS AND SERVICES RETAIL INSTALLMENT CONTRACT February 15, 1996 I. Seller: Dickinson College, Carlisle, Pennsylvania 17013-2896 Buyer(s): Vincenzo Cardi 149 Greenwood Rd. N. Kingston, RI 02852 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 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 Christine Cardi (hereinafter "Student") during his/her enrollment at Dickinson College during the 1995-1996 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 TOTAL SALE RATE:* Dollar amount Amount of credit PAYMENTS: PRICE: Cost of credit as credit will provided by Amount paid by Total cost of yearly rate cost buyer Dickinson College Buyer as total of purchase on all scheduled credit, including payments down payment of $ 19,470.00 10.00 8 $ 2,868.70 $ 5,400.00 $ 8,268.70 $ 24,870.00 Rev 2/92 EXHIBIT "A" Bolan Buyer's payment schedule will be as follows: Number of Payments Amount of Payments When Payments are Due 110 $ 75.17 Monthly commencing 03/28/96 until 05/28/05 *Variable Rate: 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 calendar year increases, and will be increased to the prime rate plus 18. The ANNUAL PERCENTAGE RATE will not increase more than once a year, and the new interest rata 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 $5,400.00 at 10.008 per annum for 110 months and the prime rate plus 18 were increased to 11.008, your regular monthly payments would increase to $78.14. Further, the ANNUAL PERCENTAGE RATE will not increase to more than 188 or such other rate as may be permitted under the Pennsylvania Goods and Services Installment Sales Act. Late Charge: 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. Prepayment: 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 art, without penalty. SEE SECTION VI OF THE CONTRACT BELOW FOR ANY ADDITIONAL INFORMATION ABOUT NON-PAYMENT, DEFAULT AND REQUIRED REPAYMENT BEFORE THE SCHEDULED DATE FOR REPAYMENT OF THE AMOUNT FINANCED. III. ITEMIZATION OF AMOUNT FINANCED 1. Cash price of Goods and Services: $ 24,870.00 2. Total down payment: 19,470.00 3. Unpaid balance of cash price (1 - 2): 5,400.00 4. Amount paid to others on Buyer's behalf: - 0 - 5. Amount Financed (3 + 4): $ 5,400.00 IV. CREDIT INSURANCE Credit life insurance for the term of this Contract is not required. V. NO WARRANTIES THERE ARE NO WARRANTIES, EITHER EXPRESSED OR IMPLIED, GIVEN BY SELLER IN CONNECTION WITH SALE OF THE GOODS AND SERVICES COVERED BY THIS CONTRACT UNLESS BUYER HAS BEEN GIVEN A SEPARATE WRITTEN WARRANTY. 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 Eduserv Technologies, Inc. at the following address: Eduserv Technologies, Inc. P.O. Box 64974 St. Paul, MN 55164-0974 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 3 Contract, which Assignee shall have all of Seller's right and remedies. 7. if any part of this Contract is held to be illegal, void or unenforceable, that provision shall be deemed not to have been a part of this Contract, which shall otherwise remain fully effective. S. APPLICABLE L•AW: 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 Bet forth above. 10. This Contract shall be binding upon the parties hereto, their heirs, successors, assigns and legal representatives. 11. TIME IS OF THE ESSENCE OF THIS CONTRACT. NOTICE: ANY HOLDER OF THIS CONSUMER CREDIT CONTRACT IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH THE DEBTOR COULD ASSERT AGAINST THE SELLER OF GOODS OR SERVICES OBTAINED PURSUANT HERETO OR WITH THE PROCEEDS HEREOF. RECOVERY HEREUNDER BY THE DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR HEREUNDER. NOTICE TO BUYER: (1) DO NOT SIGN THIS AGREEMENT BEFORE YOU READ IT OR IF IT CONTAINS ANY BLANK SPACE. (2) YOU ARE ENTITLED TO A COMPLETELY FILLED-IN COPY OF THIS AGREEMENT. (3) UNDER THE LAW, YOU HAVE THE RIGHT TO PAY OFF IN ADVANCE THE FULL AMOUNT DUE AND UNDER CERTAIN CONDITIONS TO OBTAIN A PARTIAL REFUND OF THE FINANCE CHARGE. BUYER(S) ACKNOWLEDGE(S) RECEIVING A COMPLETED COPY OF THIS CONTRACT AND INTEND(S) TO BE LEGALLY BOUND BUYER(S): I AGREE TO REPAY ALL AMOUNTS DUE ON THIS LOAN IF THE BORROWER(S)/BUYER(S) FAILS TO DO SO IN ACCORDANCE WITH THE TERMS OF THE NOTE: STUDENT COSIGNER TRANSCRIPT OF A STUDENT'S RECORD WILL NOT BE RELEASED IF LOAN PAYMENTS TO THE COLLEGE ARE IN ARREARS OR DEFAULT. DATE: DICKINSON COLLEGE 4 DICKINSON COLLEGE FLEXIBLE FINANCING SYSTEM - PLAN B EDUCATIONAL GOODS AND SERVICES RETAIL INSTALLMENT CONTRACT Date: January 2, 1997 I. Seller: Dickinson College, Carlisle, Pennsylvania 17013-2896 Buyer(s): Vincenzo Cardi 149 Greenwood Rd. N. Kingstown RI 02852 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 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 Christine M. Cardi (here inafter as "Student") during his/her enrollment at Dickinson College during the 1996-1997 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 credit will provided by Buyer as total of Total cost of yearly rate cost Buyer Dickinson College all scheduled purchase on payments credit, in- cluding down payment of $26,410.00 9.25% $4,650.68 $ 9,365.00 $14,015.68 $17,045.00 Buyer's payment schedule will be as follows: EXHIBIT "B" Number of Payments Amount of Payments When Payments are Due 112 125.14 Monthly commencing 1/28/97 until 05/28/06. *Variable Rate: 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 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 $ 9,365.00 at 9.25% per annum for 112 months, and the prime rate plus 1% were increased to 10.25%, your regular monthly payments would increase to $130.23. 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. Late Charge: 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 riot less than $1.00) may be charged. Prepayment: 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 THE CONTRACT BELOW FOR ANY ADDITIONAL INFORMATION ABOUT NON-PAYMENT, DEFAULT AND REQUIRED REPAYMENT BEFORE THE SCHEDULED DATE FOR REPAYMENT OF THE AMOUNT FINANCED. III. ITEMIZATION OF AMOUNT FINANCED 1. Cash price of Goods and Services: 2. Total down payment: 3. Unpaid balance of cash price (1 - 2): 4. Amount paid to others on Buyer's behalf: 5. Amount Financed (3 + 4): V. CREDIT INSURANCE $ 26,410.00 17,045.00 9,365.00 -0- $ 9,365.00 Credit life insurance for the term of this Contract is not required. V. NO WARRANTIES THERE ARE NO WARRANTIES, EITHER EXPRESSED OR IMPLIED, GIVEN BY SELLER IN CONNECTION WITH SALE OF THE GOODS AND SERVICES COVERED BY THIS CONTRACT UNLESS BUYER HAS BEEN GIVEN A SEPARATE WRITTEN WARRANTY. 2 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 Eduserv Technologies, Inc. at the following address: Eduserv Technologies, Inc. P.O. Box 64974 St. Paul, MN 55164-0974 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. 7. If any part of this Contract is held to be 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 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 3 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 THE ESSENCE OF THIS CONTRACT. NOTICE: ANY HOLDER OF THIS CONSUMER CREDIT CONTRACT IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH THE DEBTOR COULD ASSERT AGAINST THE SELLER OF GOODS OR SERVICES OBTAINED PURSUANT HERETO OR WITH THE PROCEEDS HEREOF. RECOVERY HEREUNDER BY THE DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR HEREUNDER. NOTICE TO BUYER: (1) DO NOT SIGN THIS AGREEMENT BEFORE YOU READ IT OR IF IT CONTAINS ANY BLANK SPACE. (2) YOU ARE ENTITLED TO A COMPLETELY FILLED-IN COPY OF THIS AGREEMENT. (3) UNDER THE LAW, YOU HAVE THE RIGHT TO PAY OFF IN ADVANCE THE FULL AMOUNT DUE AND UNDER CERTAIN CONDITIONS TO OBTAIN A PARTIAL REFUND OF THE FINANCE CHARGE. BUYER(S) ACKNOWLEDGE(S) RECEIVING A COMPLETED COPY OF THIS CONTRACT AND INTEND(S) TO BE LEGALLY BOUND BY ITS TERMS. n BUYER(S): I AGREE TO REPAY ALL AMOUNTS DUE ON THIS LOAN IF THE BORROWER(S)/BUYER(S) FAILS TO DO SO IN ACCORDANCE WITH THE TERMS OF THE NOTE:, STUDENT COSIGNER TRANSCRIPT OF A STUDENT'S RECORD WILL NOT BE RELEASED IF LOAN PAYMENTS TO THE COLLEGE ARE IN ARREARS OR DEFAULT. DATE: DICKINSON COLLEGE BY 4 VERIFICATION I, THOMAS MEYER, Assistant Treasurer of Dickinson College, acknowledge that I have the authority to execute this Verification on behalf of Dickinson College and certify that the foregoing Complaint is based upon information which has been gathered by my counsel in the preparation of this lawsuit. The language of this Complaint is that of counsel and not my own. I have read the document and to the extent that this Complaint is based upon information which I have given to my counsel, it is true and cwTect 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 unswom falsification to authorities, which provides that if I knowingly make false averments, I may be subject to criminal penalties. Dickinson College Thomas Meyer Assistant Treasurer of Dickinson College Dated: 7/1 /03 F.TILMOATAFILE\Dickimm College 169D"i.n Jftdollmi.761C0m\105..1 0 o 0 ,. 44 ! W r , . rn C `.17 IECEIVEt JUN 2 6 2003 A 4 MA/r IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA DICKINSON COLLEGE Plaintiff : No. 03-556 VS. : Civil Action -Law VINCENZO CARDI and CHRISTINE M. CARDI Defendants ANSWER AND NOW comes the Defendant, Christine Cardi, by and through her attorneys, and hereby answers Plaintiff's averments as follows: 1. Denied for lack of knowledge. 2. Admitted that Vincenzo Cardi is an adult individual and a parent; denied for lack of knowledge the remaining allegations. 3. Admitted. 4. Admitted that Note # 1 of Exhibit A to complaint bears the names of Vincenzo Cardi and Christine Cardi, and is in the principal amount of $5,400 to be used for the purposes recited therein. Whether Ms. Cardi entered into such Note is question of law to which no answer is warranted, but to the extent that it is deemed to be an allegation of fact it is denied. Defendant further avers that she did not sign that Note and has no knowledge as to the identity of the person that signed the name that appears on the "Student" line. Defendant denies all other allegations for lack of knowledge. 5. Admitted that Note # 2 of Exhibit B to complaint bears the names of Vincenzo Cardi and Christine Cardi, and is in the principal amount of $9,365 to be used for the purposes recited therein. Whether Ms. Cardi entered into such Note is question of law to which no answer is warranted, but to the extent that it is deemed to be an allegation of fact it is denied. Defendant further avers that she did not sign that Note and has no knowledge as to the identity of the person that signed the name that appears on the "Student" line. Defendant denies all other allegations for lack of knowledge. 6. Admit that the sum of $5,400 and $9,365 is $14,765, but deny that such sum was ever due from Defendant or is otherwise collectible from Defendant. 7. No answer required as Note ## 1 and 2 are the best evidence of their contents, and whatever remedies, if any, are available to Plaintiff thereunder is a question of law to which no answer is required. To the extent deemed to be allegations of fact, they are denied. 8. Denied as to any amount due from Defendant Christine Cardi. Denied for lack of knowledge as to any amounts due from Vincenzo Cardi, or as to the accrual of interest. 9. Denied that Defendant Christine Cardi ever stopped making payments. Further aver that Ms. Cardi never started making payments, and never was called upon to remit any payments to Plaintiff. Remaining allegations denied. 10. Denied. 11. No answer is required as this is a conclusion of law; to the extent that they are deemed to be factual allegations, they are denied for lack of knowledge. 2 12. Defendant Christine Cardi hereby incorporates by reference her answers contained in Paragraphs 1-11 above as if set forth in full herein. 13. Denied. WHEREFORE, Defendant Christine Cardi respectfully submits that she is not liable for breach of contract, there never having been established a contract between her and Plaintiff institution. 14. Defendant Christine Cardi hereby incorporates by reference her answers contained in Paragraphs 1-13 above as if set forth in full herein. 15. Denied that Defendant Christine Cardi ever requested that Plaintiff loan to her or to her parents or to either of them any money for the benefit of Ms Cardi or anyone else. Whether Defendant Christine Cardi is now or ever has been liable to Plaintiff is a question of law to which no answer is warranted; but to the extent that it is deemed to be an allegation of fact, it is denied. 16. Denied that Defendant Christine Cardi ever accepted money from Plaintiff, or was ever obligated to pay to Plaintiff any compensation. 17. Denied that Defendant Christine Cardi has been enriched for failure to repay any amounts on account of any loans made by Plaintiff to Ms. Cardi. Deny remainng allegations for lack of knowledge. WHEREFORE, Defendant Christine Cardi respectfully submits that she is not liable to Plaintiff under the alternate theory of Quantum Meruit. AFFIRMATIVE DEFENSES 18. Defendant Christine Cardi hereby incorporates by reference her answers contained in Paragraphs 1-13 above as if set forth in full herein 19. Not a party to contract. Defendant Christine Cardi is not a signator to Notes ## 1 and 2, did not authorize anyone to sign those notes on her behalf, and was totally unaware that the Notes had ever been executed with her name thereon. 20. Not enriched, or unjustly so. Defendant Christine Cardi never received any proceeds of loans made pursuant to Notes ## 1 and 2, never received any credits against tuition or other college related expenses on account of such loans as alleged by Plaintiff, never authorized anyone to receive proceeds of a loan for or on behalf of her, was unaware at all times prior to 2003 that any such loans had been made through the use of her name. 21. Identity Theft. Not having signed her name to Notes ## 1 and 2, it appears that someone else used her identity without her authorization, consent, knowledge or acquiescence. Respectfully submitted, July 29, 2003 THE CAIRNIE LAW GROUP, PC By: 4 Hilary S. Cairnie (pro hac vice) 1055 Thomas Jefferson Street, NW Suite 504 Washington, DC 20007 (202) 298-5652 (202) 342-6147 (fax) Counsel for Defendant BLAKEY, YOST, BUPP 8, BAUSCH, LLC By: ohn J. aranski, Jr., Esquire Supreme Ct. Id. #82585 17 East Market Street York, PA 17401 (717) 845-3674 (717) 854-7839 (fax) Local Counsel for Defendant Jul 24 03 09:59a HILRRY S. CRIRNIE 703 536 2267 . - -JUL-23-2003 WED 11:49 AM SS PAPADOPULOS& ASSOC FAX NO. 3017188909 V_TCAERiTION I verify that the foregoing facts are true, upon my personal knowledge or information and belief. This verification is made subject to the penalties of 18 Pa. C.S. §4904 relating to uuswom falsification to authorities. Dated ILL; I-' p.2 P.. 02 Christine M. Cardi CERTIFICATE OF SERVICE I hereby certify that on this day of 1!v ' 2003, 1 caused a copy of the foregoing ANSWER AND AFFIRMATIVE DEFENSES to be served by first class mail upon the following: DAVID R. GALLOWAY 10 EAST HIGH STREET CARLISLE, PA 17013-3093 717.243.1850 (FAX) VINCENZO CARDI 625 PONTIAC AVENUE CRANSTON, RHODE ISLAND 02910 BLAKEY, YOST, BUPP & RAUSCH, LLC By. John J. Baranski, Jr., Esquire Supreme Ct. Id. #82585 17 East Market Street York, PA 17401 (717) 845-3674 (717) 854-7839 (fax) Local Counsel for Defendant C R,r '. L 17 Gig d? -7 "C IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA DICKINSON COLLEGE Plaintiff vs. VINCENZO CARDI and CHRISTINE M. CARDI Defendants : No. 03-556 : Civil Action -Law PRAECIPE TO SUBSTITUTE VERIFICATION TO THE PROTHONOTARY: Please substitute the attached original verification for the faxed copy presently attached to Defendant's Answer. Date: Supreme Court Id. #82585 Attorney for Defendant 17 East Market Street York, PA 17401 Telephone (717) 845-3674 Fax No. (717) 854-7839 VERIFICATION I verify that the foregoing facts are true, upon my personal knowledge or information and belief. This verification is made subject to the penalties of 18 Pa. C.S. §4904 relating to unworn falsification to authorities. r? Christine M. Cardi Dated: ( Z3 f ? c o c ?.; ?, _;?9 =- ;. ?„ - _? ?,, -. ?< _: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DICKINSON COLLEGE, Civil Action - Law Plaintiff vs. No. 03-556 VINCENZO CARDI and CHRISTINE M. CARDI, Defendants MOTION FOR ADMISSION PRO HAC VICE AND NOW comes John J. Baranski, Jr. of Blakey, Yost, Bupp & Rausch, LLP, local counsel for Defendant, Christine M. Cardi and files this Motion moving for the admission of Hilary S. Cairnie, Esquire pro hac vice, and in support thereof avers as follows: Your undersigned petitioner is John J. Baranski, Jr., a licensed Pennsylvania attorney and a member in good standing of both the York and Cumberland County, Pennsylvania Bar associations. 2. The undersigned is local counsel for Defendant Christine M. Cardi. Ms. Cardi's principle counsel is Hiliary S. Caimie, an attorney practitioner in the Commonwealth of Virginia and the District of Columbia, doing business as the Cairnie Law Group, PC and having the offices as follows: a. 1055 Thomas Jefferson Street, NW Suite 504 Washington, DC 20007 b. 1820 N. Fort Myer Drive Suite 600 Arlington, VA 22209 4. Attorney Caimie requests admission pro hac vice into the court of Common Pleas of Cumberland County in order to defend this matter on behalf of Ms. Cardi. 5. The undersigned will continue as local counsel to advise Attorney Caimie of the local rules and customs of this Court and to insure compliance with Pennsylvania Rules of Civil Procedure. 6. Counsel for Plaintiff, David R. Galloway, has been advised of Attorney Cairnie's request and has no objection. WHEREFORE, the undersigned moves for the admission of Hiliary S. Caimie, Esquire pro hac vice for purposes of practicing before this Honorable Corot on the above caption matter. BLAKEY, YOST, BUPP &: RAUSCH, UP By; John J s r. Esquire Lot counsel for Defendant Christine Cardi Supreme Ct. I.D. 82585 17 East Market Street York, Pennsylvania 17401 (717) 845-3674 CERTIFICATE OF SERVICE The undersigned hereby certifies that on August Y, 2003, he served a true and correct of copy of the foregoing Motion filed in the above-captioned matter on the following, by United States Mail, First Class, postage prepaid thereon: David R. Galloway, Esquire 10 East High Street Carlisle, PA 17013 BLAKEY,YOST,13UPP & RAUSCH, By. John J. az, ski, Jr. squire Local counsel for Defendant Christine Cardi Supreme Ct. I.D. 82585 17 East Market Street York, Pennsylvania 17401 (717)845-3674 Y..v C7 T U?, G D. N n IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DICKINSON COLLEGE, Civil Action - Law Plaintiff vs. No. 03-556 VINCENZO CARDI and CHRISTINE M. CARDI, Defendants ORDER AND NOW, TO WIT, this _) day of August, 2003, upon Motion and for good cause shown, IT IS HEREBY ORDERED that Hiliary S. Cairnie, Esquire, is admitted to ractice pro hac vice before the Judges of the County of Cumberland, Commonwealth o sylvania, solely for purposes of the above captioned matter. J. r? 0g "15'6.3 IN VNW",ASN^N3d h?i f JliI C0 -n IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DICKINSON COLLEGE, Civil Action - Law Plaintiff VS. No. 03-556 VINCENZO CARDI and CHRISTINE M. CARDI, Defendants MOTION FOR ADMISSION PRO HAC VICE AND NOW comes John J. Baranski, Jr. of Blakey, Yost, Bupp & Rausch, LLP, local counsel for Defendant, Christine M. Cardi and files this Motion moving for the admission of Hilary S. Caimie, Esquire pro hac vice, and in support thereof avers as follows: 1. Your undersigned petitioner is John J. Baranski, Jr., a licensed Pennsylvania attorney and a member in good standing of both the York and Cumberland County, Pennsylvania Bar associations. The undersigned is local counsel for Defendant Christine M. Cardi. 3. Ms. Cardi's principle counsel is Hiliary S. Cairnie, an attorney practitioner in the Commonwealth of Virginia and the District of Columbia, doing business as the Cairnie Law Group, PC and having the offices as follows: a. 1055 Thomas Jefferson Street, NW Suite 504 Washington, DC 20007 1820 N. Fort Myer Drive Suite 600 Arlington, VA 22209 4. Attorney Caimie requests admission pro hac vice into the Court of Common Pleas of Cumberland County in order to defend this matter on behalf of Ms. Cardi. The undersigned will continue as local counsel to advise Attorney Caimie of the local rules and customs of this Court and to insure compliance with Pennsylvania Rules of Civil Procedure. 6. Counsel for Plaintiff, David R. Galloway, has been advised of Attorney Caimie's request and has no objection. WHEREFORE, the undersigned moves for the admission of Hiliary S. Cairnie, Esquire pro hac vice for purposes of practicing before this Honorable Court on the above caption matter. BLAKEY, YOST, BUPP & BAUSCH, LLP By: John J s i, r. A,-- uire Loca counsel for Defendant Christine Cardi Supreme Ct. I.D. 82585 17 East Market Street York, Pennsylvania 17401 (717) 845-3674 CERTIFICATE OF SERVICE The undersigned hereby certifies that on August _Y, 2003, he served a true and correct of copy of the foregoing Motion filed in the above-captioned matter on the following, by United States Mail, First Class, postage prepaid thereon: David R. Galloway, Esquire 10 East High Street Carlisle, PA 17013 BLAKEY,YOST, BUPP & RAUSCH, By. John J. ar ski, Jr. squire Local counsel for Defendant Christine Cardi Supreme Ct. I.D. 82585 17 East Market Street York, Pennsylvania 17401 (717) 845-3674 n ?-> . ? ` 'a ? - ? ?_ - ? ? > ? __ `I . G r i ' c `, ?. - - - -: } __. -? ra -ii C\FIed W5104 I 451BM 1)ICkivsov Collage 9619\Divki Crcaped 8/5/04 nvonCO"geC]]?'iow9619C\CUnem\105.sripl Revised 8/1D04 1123A 7619C105 DICKINSON COLLEGE, Plaintiff V. VINCENZO CARDI AND CHRISTINE M. CARDI, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-556 CIVIL ACTION-LAW JURY TRIAL OF TWELVE DEMANDED AND NOW, comes Plaintiff, DICKINSON COLLEGE, by and through its attorneys, MARTSON DEARDORFF WILLIAMS & OTTO, and Defendant, VINCENZO CARDI, who stipulate and agree as follows: I • Pa. R.C.P. 1037 (c) provides that in all cases, the Court, on motion of a party, may enter an appropriate judgment against a party upon admission. 2. Defendant agrees and admits that Judgment should be entered against him in favor of Plaintiff in the amount of $22,000.11, plus interest from May 28, 2003, in the amount of $1,013.55, plus attorneys, fees in the amount of $2,214.75 for a total of $25,228.41 plus costs of suit and interest from date of judgment as per the Notes attached to the Complaint. 3. The parties agree that the Court, upon motion of Plaintiff, may enter Judgment pursuant to this Stipulation without issuance of a Rule to Show Cause, and without further proceedings or notice. J'1 By w1, Pau] V. Jabo , Esquire Law Office of Paul V. Jabour 405 Broadway Providence, RI 02909 (401) 751-3300 David R. ak?q uire Martson Deardorffilliams Otto Ten East High Street Carlisle, PA 17013-3093 (717) 243-3341 Attorney for De endant Date: Attorney for Plaintiff Date: ??? Oy CERTIFICATE OF SERVICE I, Jean Taylor, an authorized agent ofMartson Deardorfl'Williams & Otto, hereby certify that a copy of the foregoing Stipulation and Agreement for Entry of Judgment was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Paul V. Jabour, Esquire Law Office of Paul V. tabour 405 Broadway Providence, RI 02909 Hilary S. Cairnie, Esquire Vorys, Sater, Seymour and Pease, LLP 1828 L Street NW, I I th Fl. Washington, DC 20036-5109 MARTSON DEARDORFF WILLIAMS & OTTO Jean Taylor e East High Street Carlisle, PA 170] 3 (717) 243-3341 Dated: September 16, 2004 Y C- . l o F TILMDA'TAFIL&Dickiuson College 9619ADicknisonCollegeCollenions7619CAClurentA105.ordI Created 9/I5/04 3 50pM Revised 9/I6/04 9:40AM >619C 105 David R. Galloway, Esquire I. D. Number 87326 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff SEP 2 0 2004 DICKINSON COLLEGE, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA. V. NO. 03-556 CIVIL ACTION-LAW VINCENZO CARDI AND CHRISTINE M. CARDI, Defendant JURY TRIAL OF TWELVE DEMANDED ORDER OF COURT AND NOW, thisZJday of?10 2004, upon consideration of the attached Stipulation, Judgment is hereby entered in favor of Plaintiff, Dickinson College, against Defendant, Vincenzo Cardi in the amount of $25,228.41, plus cost of suit and interest of $2.33 accruing per day from date of Judgment. Prothonotary is directed to enter and index this judgment cordingly. BY THE T,, ? J? d L L J /. ' J. c DICKINSON COLLEGE, Plaintiff V. VICENZO CARDI aPld CHRISTINE M. CARDI, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 556 CIVIL XW 2003 RULE 1312-1. The Petition for Appointment of Arbitrators shall be substantially in the following form: PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: Christopher E. Rice, Esq, of Martson Deardorff Williams & Otto , counsel for the plaintiff/defendant in the above action (or actions), respectfully represents that: 1. The above-captioned action (or actions) is (are) at issue. 2. The claim of the plaintiff in the action is $ 25,228. 41 r plus interest at $2.33 per day and The counterclaim of the defendant in the action is costs of suit The following attorneys are interested in the case(s) as counsel or are otherwise disqualified to sit as arbitrators: Hilary S. Cairnie, Esquire, attorney for Defendants WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. Respectfully submitted, AND NOW, foregoing petition, Esq., and actions) as prayed for. MARTSON DEARIDOPT7 WILLIAMS & OTM By : r"`? f ?.s ORDER OF COURT Christopher E. Rice , 19 , in consideration of the Esq., , Esq., are appointed arbitrators in the above captioned action (or By the Court, P.J. , 17 y rT Y' no DICKINSON COLLEGE, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 556 CIVIL xW 2003 VIC:ENZO CARDI afld CHRISTINE M. CARDI, RULE 1312-1. The Petition for Appointment of Arbitrators shall be substantially in the following form: PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: Christopher E. Rice, Esq, of Martson Deardorff Williams & Otto , counsel for the plaintiff/defendant in the above action (or actions), respectfully represents that: 1. The above-captioned action (or actions) is (are) at issue. 2. The claim of the plaintiff in the action is $ 25,228.41, plus interest at $2.33 per day and The counterclaim of the defendant in the action is ,costs of suit The following attorneys are interested in the case(s) as counsel or are otherwise disqualified to sit as arbitrators: Hilary S. Cairnie, Esquire, attorney for Defendants WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. Respectfully submitted, MARTSON DEARDORFF WILLIAMS & OTTO By: ( 7'' f...= ORDER OF COURT Christopher E. Rice Q00(0 AND NOW, Is , 4,9 , in consideration of the 1l . foregoing petition, Esq., du4olxzn &7) Esq., and u') Esq., are appointed arbitrators in the above captioned action (or actions) as yed for. By the 4z '.1 ?W_An P.J. FILL:C 0? THE NO D" P, 15 F' l 2' 0 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION - LAW DICKINSON COLLEGE, Plaintiff NO. 03-556 vs. CIVIL ACTION - LAW VINCENZO CARDI and CHRISTINE M. CARDI, Defendants TO THE PROTHONOTARY: ENTER MY APPEARANCE on behalf of Defendant, Christine M. Cardl, only, in the above-captioned matter. SCOBLIONKO, SCOBLIONKO, MUIR, /,fBARTHOLOMEW & MELMAN DATED: August 23, 2007 Attorney I.D. No. 08070 Attorneys for Defendant, Christine M. Cardi 40 S. Fifth Street Allentown, PA 18101 (610) 434-7138, Ext. 12 t`s -rj era -rt re _, Mo. -n co 7 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DICKINSON COLLEGE, Plaintiff VS. Civil Action - Law No. 03-556 Civil Term VINCENZO CARDI and CHRISTINE M. CARDI, Defendants PRAECUM FOR W1 rEWRAWAL OF APPEARANCE TO THE PROTHONOTARY: Please withdraw my appearance for Defendant, Christine M. Cardi, in the above matter. Respectfully submitted: BLAKEY, YOST, BUPP & RA Dated: 15-V 1- By: fnnski, Jr., Esquire C-0. I.D. #82585 17 East Market Street York, PA 17401 Telephone (717) 845-3674 Fax No. (717) 854-7839 Attorney for Defendant, Christine M. Cardi IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DICKINSON COLLEGE, Plaintiff Civil Action - Law VS. VINCENZO CARDI and CHRISTINE M. CARDI, Defendants No. 03-556 Civil Term CERTIFICATE OF SERVICE The undersigned hereby certifies that on the 4 day of . 2007, he served a true and correct of copy of the foregoing Praecipe for With wal of Appearance filed in the above-captioned matter on the following, by United States Mail, First Class, postage prepaid thereon: Christopher E. Rice, Esquire Martson Law Offices 10 East High Street Carlisle, PA 17013 Hillary S. Cairnie, Esquire Vorys, Sater, Seymour & Pease Suite 1111 1828 L Street NW, 11th Floor Washington, D.C. 20036-5109 Vincenzo Cardi 625 Pontiac Avenue Cranston, RI 02910 B ,Y , B P & RAUSC LP By: John J. Baranski, Jr. Esquire Local counsel for Defendant Christine Cardi Supreme Ct. I.D. 82585 17 East Market Street York, Pennsylvania 17401 (717) 845-3674 ..- tts?..;. .F" ??? ,? ?? ? r:. ? i C D v? 4 ?P Pla' 'ff v`jnCPn?C eej'fdN- 'UVICe Defendant In The Court of Common Pleas of Cumberland County, Pennsylvania No. 03 Civil Action - Law. Oath We do solemnly swear (or affirm) that we will support, obey and defend the Constitution of the United States and th onstitution of this Commonwealth and that we will discharge the duties of our office with fid ignature Signature iggnature • / /l'??? ?D ?1 VV err Name (Cha' Name S Law Firm Law Firm --? Gi•? Z ? ?/? Address Address city, zip # gg960 53,7 3 ea r V? r /`?13 City, zip ? ao?aa Award J 4tD nn PkakJ(?- Address 11 0 PA l 7(ss? Ci 0 zip L aoq(, S We, the undersigned arbitrators, having been duly appointed and sworn (or affirmed), make the following award: (Note: If damages for delay are awarded, they shall be separately tatLe`d.) _ _ll. r,/Y ,n a?or ©? fir' Cidcr + k e SCAM '-- I7 ?j S.©O TY1 P T cc ?? r? VIP , itrat r, dissents. (Insert name if applicable.) 7 c- Date of Hearing: ? AI D x?' ";;ZL?xw r--- (Chairman) Date of Award: c t S-)©? N o t i c e of Entry of kward Now, the Igo" day of , 20?, at , P.M., the above award was entered upon the docket and notice thereof given by mail to the parties or their attorneys. _'rb,"-- tors' cor:?nensation to be paid upon appeal: ? ?0. Qo By: Ilothonotary Deputy ev C) i EA ot, J4, Ob -5< ol/ Yom" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DICKINSON COLLEGE, Plaintiff NO. 03-556 VS. CIVIL ACTION - LAW VINCENZO CARDI and CHRISTINE M. CARDI, Defendants NOTICE OF APPEAL FROM AWARD OF BOARD OF ARBITRATORS TO THE PROTHONOTARY: Notice is given that CHRISTINE M. CARDI, DEFENDANT, appeals from the award of the board of arbitrators, dated SEPTEMBER 5, 2007, and entered in this case on SEPTEMBER 18, 2007., A jury trial is demanded x (Check the line if a jury trial is demanded. Otherwise jury trial is waived.) I hereby certify that (1) the compensation of the arbitrators has been paid, or (2) (Strike out the inapplicable clause.) SCOBLIONKO, MUIR, REW & MELMAN Dated: September 21, 2007 / / By: Mark H. Scoblionko, Esquire Attorney I.D. No. 08070 Attorneys for Defendant/Appellant, Christine M. Cardi 40 S. Fifth Street Allentown, PA 18101 (610) 434-7138, Ext. 12 Note: The demand for jury trial on appeal from compulsory arbitration is governed by Rule 1007.1(b). (b) No affidavit or verification is required. Adopted March 16, 1981, effective May 15, 1981. G cry r-s 1 ,.? to ,p Ic t, P1 v,C1G?n?Q ?brtY ? a?? Defendant In The Court of Common Pleas of Cumberland County, Pennsylvania No. 103 - SS C Civil Action - Law. Oath We do solemnly swear (or affum) that we will support, obey and defend the Constitution of the United States and th onstitation of this Commonwealth and that we will discharge the duties of our office with fid ?- L.. ignature Signature Ignature 4t=4 00, Name ( Name Law Firm Law Finn ??l Address Address Q, gn 10 pko _l Address City, zip city, zip C#Y1 Zip Award We, the undersigned arbitrators, having been duly appointed and sworn (or affirmed), make the following award: (Note: If damages for delay are awarded, they shall be sepa: of elr/ ted.) _ iT.a4 in ?aJer ©-F _?_kt IIa K4?- r "•F' 'Cor +6Op At2rt, ?r ?_ ?k_?.Q0 % , . '[IS R. LONG Prothonotary berland County ourthouse Square rli. _ PA 17013 J Vincenzo Cardi 6825- Pontiac Avenue Cranston, RI _02910 NSXTE % ?,?.,,,NO? ??s4 o 02 1A 2007 0004631598 MAILED FROM Zip WDE 17 013 029 cc RETURN TO SENDERrICWN ATTEMPTED L"Asb%_6 TO FO?fWARD *nJ 10- Od 1 @t?- 3 f1-- 4t _p^1t BC: 1 46 CDVJ ,,; 1.OT-47 _ sl?. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION - LAW DICKINSON COLLEGE, Plaintiff NO. 03-556 vs. CIVIL ACTION - LAW VINCENZO CARDI and CHRISTINE M. CARDI, : Defendants PRAECIPE TO WITHDRAW APPEARANCE TO THE PROTHONOTARY: An appearance having been entered by Mark H. Scoblionko, Esquire, of Allentown, Pennsylvania, kindly withdraw my appearance on behalf of Defendant Christine M. Cardi in the above-captioned matter. By: VORYS, SATER, SEYMOUR AND PEASE, J-LP Hilary S. Cairnid' sq ire (pro hac vice) 1828 L Street, N. Eleventh Floor Washington, DC 20036-5109 (202) 467-8888 DATED: 1'2-4 r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION - LAW DICKINSON COLLEGE Plaintiff, No. 03-556 V. Civil Action - Law VINCENZO CARDI and CHRISTINE M. CARDI, Defendants. CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing Praecipe to Withdraw Appearance was sent, first-class mail, postage prepaid, this 25th day of September, 2007, to: Mark H. Scoblionko, Esq. Scoblionko, Scoblionko, Muir, Bartholomew & Melman 40 South Fifth Street Allentown, PA 18101 Christopher E. Rice, Esq. Martson, Deardorff, Williams, Otto, Gilroy & Faller 10 East High Street. Carlisle, PA 17013 Hilary S. Cairn Ie, Esq." (pro ha 1828 L Street, N.W. Eleventh Floor Washington, DC 20036-5109 (202) 467-8888 CD -TI '. i 1 C-n IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION - LAW DICKINSON COLLEGE, Plaintiff NO. 03-556 VS. CIVIL ACTION - LAW VINCENZO CARDI and CHRISTINE M. CARDI, Defendants PRAECIPE FOR JURY TRIAL TO THE PROTHONOTARY: Kindly note my demand for jury trial in connection with the above-noted matter. SC?{OBLIONKO, SCOBLIONKO, MUIR, ,-E ARTHOLOMEW & MELMAN Mark H. Scoblionko, Esquire Attorney I.D. No. 08070 Attorneys for Defendant/Appellant, Christine M. Cardi 40 S. Fifth Street Allentown, PA 18101 (610) 434-7138, Ext. 12 DATED: September 21, 2007 C_ 7 ^' p ?L- .J k.1D F: \FILES\Clients\DickinsonCollege7619\Collections\Cument\105\105.pra4/drg Created: 9/19/03 9:44AM Revised: 5/27/08 9:IIAM 7619c 105 DICKINSON COLLEGE, Plaintiff V. VINCENZO CARDI AND CHRISTINE M. CARDI, Defendant TO THE PROTHONOTARY: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-556 J : CIVIL ACTION-LAW JURY TRIAL OF TWELVE DEMANDED PRAECIPE Please mark the judgment in the above-captioned matter satisfied and the action discontinued. MARTSON LAW OFFICES By C S ?-- Christopher E. Rice, Esquire I. D. Number 90916 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff Dated: 15) a7/0.r CERTIFICATE OF SERVICE I, Mary M. Price, an authorized agent of Martson Deardorff Williams Otto Gilroy & 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: Mark H. Scoblionko, Esquire SCOBLIONKO, SCOBLIONKO, MUIR, BARTHOLOMEW & MELMAN 40 South Fifth Street Allentown, PA 18101 MARTSON LAW OFFICES I I& BY esi ? 0-4 Ma ce Tengh Street Carlisle, PA 17013 (717) 243-3341 Dated: ,5 02- I/0r ? f^- t 4.? ?? 6? 7 G7 `S 7 { ?? K.:. ._.. ?1 ? N .` {? j _ - f `. ? .1 ,r' C_- '? ?'? r"`•