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HomeMy WebLinkAbout03-1483F:kFILES\DATAFILEkDickinson College 7619\DickinsonCollegeCollections7619C~Documents\ 123.coml/drg Created: 11/13/00 02:56:13 PM Revised: 03/19/03 12:27:29 PM 7619C. 123 DICKINSON COLLEGE, Plaintiff Vo MICHAEL J. KRUCZKOWSKI, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 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 OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP: Cumberland Cotmty Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 I.D. Number 87326 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff ~_iIAMS & OTTO Date: March 19, 2003 DICKINSON COLLEGE, Plaintiff MICHAEL J. KRUCZKOWSKI, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW JURY TRIAL OF TWELVE DEMANDED COMP_._LAINT AND NOW, comes Plaintiff, Dickinson College, by and through its attorneys, Martson DeardorffWilliams & Otto, and hereby avers as follows: 1. Plaintiff is Dickinson College, a Pennsylvania educational institution and nonprofit corporation with its principle place of business at West Street, Post Office Box 1773, Carlisle, Cumberland County, Pennsylvania 17013. 2. Defendant, Michael J. Kruczkowski, is an adult individual residing at 2070 East Allegheny Avenue, Philadelphia, Philadelphia County, Pennsylvania 19134. 3. Defendant is currently or was recently enrolled as a student at Plaintiff's educational institution, Dickinson College. 4. On or about October 30, 1998, Defendant entered into a Promissory Note - Federal Perkins Loan Program ("Note #1") with Plaintiff. A copy of Note/ti is attached hereto as Exhibit 5. Note # 1 provided for the financing of $2,000.00 plus interest and costs by Defendant on his own behalf for educational services and benefits at Plaintiff's institution. 6. On or about November 15, 1999, Defendant entered into an additional Promissory Note - Federal Perkins Loan Program ("Note #2") with Plaintiff. A copy of Note//2 is attached hereto as Exhibit "B." 7. Note #2 provided for the financing of $1,000.00 plus interest and costs by Defendant on his own behalf for educational services and benefits at Plaintiff's institution. 8. Note #1 and Note #2 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. 9. 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. 10. The total collective outstanding principal balance for Note #1 and Note #2 is $3,000.00. 11. Note #1 and Note #2 grant Plaintiff reasonable attorney's fees which Plaintiff has calculated to be $500.00. 12. As of March 3, 2003, the outstanding balance due and payable by Defendant to Plaintiff is $3,248.11, plus interest of$.411 per day, attorney's fees in the amount of $500.00 and costs accruing subsequent to March 3, 2003. 13. On or about June 29, 1998, Defendant opened a Student Receivables account (hereinafter"Account',) with Plaintiff to pay tuition, books, dining service fees and other educational expenses. A tree and correct copy of the Account is incorporated by reference and attached as Exhibit "C." 14. Defendant, by opening the Account and using the goods and services provided by Plaintiff agreed to pay Plaintiff for all charges made to the Account. 15. The terms of repayment of the Account require Defendant to pay the balance fourteen (14) days before the beginning of each semester. 16. On March 15, 2000, Plaintiff notified Defendant payment of the Account was overdue. 17. contracted. Defendant failed to pay Plaintiff the Account balance as mutually agreed and 18. As of March 3, 2003, the Account balance due and payable by Defendant to Plaintiff for those educational services is $3,191.80 plus interest of .446 per day and costs accruing subsequent to March 3, 2003. Se.__~e Exhibit "C" attached hereto. 19. The outstanding balance of $6,440.01 represents the total and actual overdue of the financing provided to Defendant under Note # 1, Note #2 and for those educational services provided to Defendant, as described in the Account, for which Defendant has yet to pay. COUNT I BREACH OF CONTRACT 20. Plaintiff hereby incorporates by reference the averments contained in Paragraphs 1 through 19 of this Complaint. 21. Plaintiff fulfilled, performed and complied with all obligations and conditions of Note #1 and Note #2 and fulfilled, performed and complied with all obligations and conditions of the Account. 22. Defendant 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 and breached the expressed and implied obligations, conditions and terms of the Account by failing to paythe amounts stated therein. WHEREFORE, Plaintiff demands judgment against Defendant in the amount of $6,440.01, plus interest of $.857 per day, attorney's fees in the amount of $500.00 and costs accruing subsequent to March 3, 2003, and said amount is within the limits set forth for compulsory arbitration in Cumberland County, Pennsylvania. COUNT II QUANTUM MERUIT 23. Plaintiff hereby incorporates by reference the averments contained in Paragraphs 1 through 22 of this Complaint. 24. Defendant is liable to Plaintiff and/or has been unjustly enriched in the amount of $6,440.01 plus interest of $.857 per day. WHEREFORE, Plaintiff demands judgment against Defendant in the amount of $6,440.01 plus interest of $.857 per day, attorney's fees in the amount of $500.00 and costs accruing subsequent to March 3, 2003; said amount is within the limits set forth for compulsory arbitration in Cumberland County, Pennsylvania. Date: March 19, 2003 /~~ S & OTTO David R. Galloway, Esquire I.D. Number 87326 Ten East High Street Carlisle, PA 17013-3093 (717) 243-3341 Attorneys for Plaintiff 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. F£D£RAL PERKINS LOAN PROMISSORY NOTE 1. Name (last, first, middle initial) and Permanent Address (sb'eet, city, state, zip code) Kruczkowski, Michael J. 6. School Name & Address (slTeet, city, state, zip code) Dickinso~Collec3e P.O. Bc~ 1773 Carlisle, PA 17013-2896 00273-000-00-3532-09 2. Social Security Number 3. Date of Birth 4. Area Code/Telephone Number 5. Driver's License Number (List state abbreviation first) 7. Borrower Status 8. Interest Rate 9. Loan Amount: 10. Loa~ Period $2,000.00 1998-1999 TERMS AND CONDITIONS: {Any bracketed clause or paragraph may be included at option of institution,'] APPLICABLE LAW - The terms of this note and any disbursements made under this note shall be interpreted in accordance with Part E of Title [V 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 l0 years later, unless l 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 l0 years if [ 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 ~ecretary. 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. [[ will make a minimum monthly repayment of $40 (or $30 if [ have outstanding Federal Perkins loans made before October 1, 1992 that included the $30 minimum payment option) in accordance with the Minimum Monthly Payment ~ectton of the Terms and Conditions contained on the reverse side of this document.] LATE CHARGES - The school will impose late charges if [ do not make a scheduled payment when due or if ! 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 [ 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. [ 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 ! may lose my benefits if [ fail to file my request on time. DEFAULT - If [ 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 [ 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 ih'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 [ have defaulted and all other relevant loan information. [ will lose my right to defer payments and my right to forbearance if I default on my loan. [ will lose my right to receive cancellation benefits for service that is performed after the date the school accelerated the loan. [ 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. CHANCE OF STATUS - I will inform the school of any change in my name, address, telephone number, ~ocial Securit; 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. PR©MISE TO PAY: ! promise to pay the school, or a subsequent bolder 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. [ promise to pay all reasonable collection costs, including attorney fees and other charges, necessary for the collection of any amount not paid when due. ! 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 Nore. THIS IS A LOAN(S) THAT MUST BE REPAID PI;iRK[NS (NDSI,) TRUTN-[N-I,ENDING STATE)lENT DIC<INSON COLLEGE Account Number Name of Borrower Michael J. Kruczkowski I /34 ;~NNUAL PERCENTAGE RATE The cost of your credi~ as a yearly Prior to During rep aymen t rep aymen 0 7. 5 AMOIR~Fr FINA~NCED The amount of credit provided to you. $2.000.00 Itemization of the Amount Financed: $ 2,000.00 Amount given directly to you. J Late Charge: If a payment is late, you mmy 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, $6.00 for each late payment if ~hls.'loan is payable qua=~erly. Prepayment: If you pay off early, you will not have to pay a penalty. See your promissory note for any additional information about nonpayment, de- fault, any required repayment in full before the scheduled date, and pre- payment. T~IE BORROW-ER AC~NOWI.EDGES RECEIPT OF AN E.~T. ACT COPY OF THIS STATEMMNT. .~/.~ ,~ f ~.'-,/2 O' - ........ DATE ![_?/? [,;,/,7 j/ DATE Dickinson College Perkins Pre-L=an Information Sheet PLEASE PRINT Name: Date Colleqe Address: Street (incl. Apt. Telephone Number ~/7/ ~D--'~7 No. ~ COL-L~¢£ ~ COO T+~P-, Permanent Address: Street (incl. Apt. No.) City, State and Zip Code Telephone Number Social Security No. Drivers License No. P ~I 'k A O EL f:~ I.4 , PA i'7i--7H '- ~OeO Exp. Graduation Date Parent or Ouardian: Name: Street (incl. Apt. No.) City, State and Zip Code Telephone Number Parent or Guardian Employer's Name 2 0 70s-~$'r ,,'~L. LE~"ri-EN;'" -6q~7 .4~VE Employer's Address: Three references: (Individuals who will always know your address) Name, /t-tlC ~T /c p L 0 A;_~ l<'~ Street (incl. Apt. NO.) City, State and Zip Code Name, Street (incl. Apt. NO. ) -"~.'O7° I i3+ City, State and Zip/~ode Telephone Number Name, z~Z C-~ ¢./~ N Street (incl. Apt. No.) City, State and Zip Code Telephone Number '~'_~) :DERAL PERKINS LOAN PROMISSORY NOTE 0 02 73 - 0 0 0- 0 0 - ~p1-~9=-09 ~-'~ ~, ~ L~ o~ CT 1. Name ~st,~st, middleiniUa0and ~rmanent Address~eet, citysta~,zipcod~ Michael Kruczkowski 2070 E Allegheny Ave. Philadelphia, PA 19134 6. School Name & Address (street, city, state, zip code) Dickinson College P.O. ~ 1773 Carlisle, PA 17013-2896 2. Social Security Number 171-74-8090 3. Date of Birth 4. Area Code/Telephone Number License Nui~iber (List state abbreviation first) 7. Borrower Status ~ Haf-Ume er greater [:3 Less ~an ha~-tk~e 9. Loan Amount: I C;oO. Oo 8. Interest Rate 5% 10. Period 99-00 TERMS AND CONDITIONS: [Any bracketed clause or paragraph may be included at optJon of institution. 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. Altsurns advanced under thb 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 request in writing that my repayment period begin sooner. [ 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 l0 years if [ 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. [I will make a minimum monthly repayment of :$40 (or $30 if I have outstanding Federal Perkins loans made before October I. 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 ! do not make a scheduled payment when due or if [ 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 ! 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 [o prove my eligibility for these benefits. ! am responsible for submitting the appropriate requests on time. and ~ 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 forbearan.ce; 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 [ have defaulted and all other relevant loan information. I will lose my right to defer payments and my right to forbearance if ! 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. l will be ineligible for any further federal student financial assistance authorized under the Act until ! make arrangements that are satisfactory to the school or the Secretary to repay my loan. CHANCE 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. l 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 provL~ions on the reverse side. This loan has been made to me without security or endorsement. My signature certifies I have read. understand. LOAN(S) THAT MUST BE REPAID and agree to the terms and conditions of this Promissory Note. THIS IS A Borrower's Signature PERKINS (NDS[,) TRU'['H-[N~LENDIN¢~ STATEMENT DICKINSON COLLEGE Account Number _ _ _ Name of Borrower Michael Kruczkowski Address 2070 E Allegheny Ave Philadelphia PA 19134 ANNUAL PERCENTAGE RATE The cost of your credit as a yearly rate. Prior to During repayment repayment 0 % 5 AMOUNT FINANCED The amount of credit provided to you. OD I~~zation of the Amount Financed: given directly to you.I Late Charge: Prepayment: 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 paymen~ if this loan is payable bimonthly, $6.00 for each late payment if this.loan is payable quarterly. If you pay off early, you will no____~t 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 AC~NOW-LEDGES STUDENT BORROWER DATE RECEIPT OF AN E.~LkCT COPY OF THIS STATEMENT. ~ flNSTITUTIONAL .J ' Perkins Pre-LOan I~formation Sheet PLEASE PRINT College Address: Permanent Address: Street (incl. Apt. No. ) ~ 0 70 ~. ~/(e ~ q~ J~ "==er0'0 Social Security No. Drivers License No. Exp. Graduation Date Parent or Guardian: Name: ~.~~ 17r -7~- eo?o r,~c~j COAp~ Birthdate O ~/~)~ /77 State ~ O~- ~ AW ~5 Street (incl. Apt. No.) . ~O '7© City, State and Zip Code PH /&4 Parent or Guardian Employer's Name Employer's Address: Three references: (Individuals who will always know your address) Name: _~ ~ D~ ~~ Street (incl. Apt. NO. ) ~O'70 ~ . City, State and Zip Code Telephone Number Name: Street (incl. Apt. No.) City, State and Zip Code Street (incl. Apt. No.) Co e 0 000000 0 0 0 0 00000 0000 0 0 0 0 ~ 0 000000 0 0 0 0 00000 0000 0 0 0 ~ h~ 0 000000 0 0 0 0 00000 0000 0 0 0 ~ o o 0 0 0 ~ 0 EXHIBIT "C" 0 0 0 ~00000 0 0 000000 0 0 0 0 000000 0 0 000000 0 0 0 0 000000 0 0 000000 0 CDO 000 0 O0 000 0 0 O0 000 0 0 O0 000 0 0 000000000000000~000 ~~0000~ 000000000000000~000 ~~0000~ II II II i,~ II i~ II - II II 0 II o'~ II. II 0o II m II II II II ~ II H Il ' II l~ II II -,.1 II , Il q II II It 0 00000 00000 0 O0 VERIFICATION Thomas Meyer, who is the Assistant Treasurer of Dickinson College and acknowledges that he has the authority to execute this Verification on behalf of Dickinson College, and further certifies that the foregoing Complaint is based upon information which has been gathered by my counsel in the preparation of the lawsuit. The language of this Complaint is that of counsel and not my own. I have read the document and to the extent that the Complaint is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the content of the 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. Section 4904 relating to unsworn falsification to authorities, which provides that if I make knowingly false averments, I may be subject to criminal penalties. Dickinson College Thomas B. Meye~ ~ Assistant Treasurer of Dickinson College F: \FILES\DATAFI LE\Dickinson College 7619\DickinsonCollcgeCollections7619C~ocurr~nts\ 123, cornl F:\FILESkDATAFILE~Dickins°n College 7619kDickinsonCollegeCollection s 7619CkDocuments\123.pra2/cny Created: 4/14/03 10:33:09 AM Revised: 4/14/03 10:35:02 AM 7619C.123 DICKINSON COLLEGE, Plaintiff MICHAEL J. KRUCZKOWSKI, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-1483 CIVIL ACTION-LAW JURY TRIAL OF TWELVE DEMANDED PRAECIPE Please reinstate the attached Complaint to be served upon Michael J. Kruczkowski, 586 Webster Avenue, Longhome, Pennsylvania 19047-7535. MARTSON DE~RFF ~b~S & OTTO I. D. Number 87326 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Date: April 14, 2003 Attorneys for Plaintiff David R. Galloway, Esquire Ten East High St. Carlisle, PA 17013 717-243-3341 DICKINSON COLLEGE V. MICHAEL J. KRUCZKOWSKI Court of Common Pleas Cumberland County, Pennsylvania Docket/Index # 03-1483 Civil Term Affidavit of Due Diligence Commonwealth of Pennsylvania SS: County of Philadelphia I, Thomas Crean being duly sworn according to law upon my oath, depose and say, that deponent is not a party to this action, has no direct personal interest in this litigation, is over 18 years of age and resides in, the Commonwealth of Pennsylvania. I hereby certify and return that on April 7, 2003 at 3:15 PM, I completed due and diligent attempts to serve Michael J. Kruczkowski, 2070 East Allegheny Avenue, Philadelphia, PA 19134. I therefore return this Complaint without service upon Michael J. Kruczkowski. Diligent attempts were made per the following notations: Michael Kruczkowski moved. The Berrios family has been living here for 3 years. I certify that the foregoing statements made by me are true, correct and my free act and deed. I am aware that if any of the foregoing statements made by me are willfully false, I am subject to punishment. Sworn to before me on Apdl 10, 2003 I~1c~tari I Seal~ . Regina A. R~chman, Notary Public Falls Twp., Bucks County My Commission Expires: December 12, 2005. Thomas Crean, Proc"~ss Server Dennis Richman's Services For The Professional, Inc. 1617 JFK Boulevard, Suite 820 Philadelphia, PA 19103 (215) 977-9393, (215) 977-9806 (Fax) DRS # 3796 SHERIFF'S RETURN - OUT OF COUNTY dASE NO: 2003-01483 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DICKINSON COLLEGE VS KRUCZKOWSKI MICHAEL J R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: KRUCZKOWSKI MICHAEL J but was unable to locate Him deputized the sheriff of BUCKS serve the within COMPLAINT &NOTICE in his bailiwick. He therefore County, Pennsylvania, to On May 6th , 2003 , this office was in receipt of the attached return from BUCKS Sheriff's Costs: Docketing Out of County Surcharge Dep Bucks County 18.00 9.00 10.00 48.00 .00 85.00 05/06/2003 MDW&O R.~ Thomas Kline Sheriff of Cumberland County Sworn and subscribed to before me this /V~' day of~ ~33 A.D. ! I Prothonotary SHOZ01 OATE: 04/29/2003 TIME: L7:39 SHERIFFS OFFICE - LAWRENCE ~. M~H~SLS, SHS~IF= ADMINISTRATION BUILDING DOYLESTOWN, PA 18901 BUCKS MISC DOCKET # 2003 31005 LOCATION: OUT gF COUNTY CLASS: ASSUMPSIT ~,~r~, SHERIFFIS RETURN OF SERVICE SHERIFF'S OFFICE CUMBERLAND COUNTY I COURTHOUSE SQUARE CARLISLE PA ATTN:DAVID R GALLOWAY,ESQ 17013 PLAINTIFF DICKINSON COLLEGE VS. DEFENDANT KRUCZKOWSKI MICHAEL J 586 WEBSTER AVE LANGHORNE, PA 19047 / 04142003 COMPLAIN/- CIVIL A/TZON RECEIVED FROM CUMBERLAND CO SHERIFFS DEPT RAG 0421ZO03 RECEIVE~ IN SHERIFf'S OFFICE FOR SERVICE* TRANSACTION #03-1-05175 RAG AMOUNT/PAID $48.00 04282003 SHERIFF' RETURN, UNDER OATH, NOT FOUND BY DEPUTY WALTMAN AT 1030AM RAG DEFT*MICHAEL J KRUCZKOWSK! NOT SERVEOoDEFT MOVE. FORWARDING ADDRESS IS ZSS3 EAST ANN ST PHILA, PA 19134 RAG 04292003 INVOICE HAILEO TO CUMBERLAND CO SHERIFFS DEPT ATTN:OAVID R GALLOWAY~ RAG ESQ TRANSACTION #03-1-05175 ENO OF CASE in The Court of Common Pleas of Cumberland County, Pennsylvania Dickinson College Michael J. Kruczkowski SERVE: seine 03-1483 civil NO. ]~OW, April 15, 2003 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Bucks County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA Affidavit of Service Now, ,20 , at o'clock ~ M. served the within upon by handing to a and made known to copy of the original the contents thereof. So answers, Sheriffof County, PA Sworn and subscribed before me this ~ day of ,20~ COSTS SERVICE MILEAGE AFFIDAVIT BUCKS COUNTY-/,,,/ SHERIFF'S RETURN Special Instructions Action CIVIL ACTION - COMPLAINT Plaintiff _DICKINSON CDI,~,EGE va Address Served if Different Sewed under Pa.R.C.P. #402 ___(A) (i) Defendant personally sewed ~.A) (2) (i) Family Member ,{A) (2) (i) Adult in Charge of Residence __.__(A) (2) (ii) Manager/Clerk at Defts. Lodging ___(A) (2) (iii) Person in Charge of Business By Handing to  ng Ran Out Defendant Not Home ::~ ~)efendent Moved ~ Address Vacant ~ Def. Unknown ~ Dep. Needs Better Add. -- Checked Post Office .~_.~o Fo~a~ ~n~ _ ForvvardLng A~dresJ -- D b By Deputy ~ - -- defendant as per information listed a.bo~.'n the Cqenty Sheriff of Bucks County Affirmed an_d subscribed before me on this day Prothonotary Affirmed and subscribed before me on this day Notary Public My Com. Exp. ,uck. Coun,y C,,se # 0.3 G 10 0..% ,n~,o ~ m..,.,,. ~L~ -- ~1~~1~-~ County Sheriff's Office Attn. of - - ' ~ F:\FILES\DATAFILE~Dickinson College 7619~DickinsonCollegeCollections7619CSDocuments\ 123.pra3/cny Created: 4/14/03 10:33:09 AM Revised: 5/14/03 3:26:00 PM 7619C. 123 DICKINSON COLLEGE, Plaintiff Vo MICHAEL J. KRUCZKOWSKI, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-1483 CIVIL ACTION-LAW JURY TRIAL OF TWELVE DEMANDED PRAECIPE Please reinstate the attached Complaint to be served upon Michael J. Kruczkowski, 2553 East Ann Street, 2nd Floor, Philadelphia, Pennsylvania 19134. Please return to below signed for service. MARTSON DEARDORFF WILL'~i&& OTTO B David R. Galloway, Esquir~ l I. D. Number 87326 [ Ten East High Street ~ Carlisle, PA 17013 (717) 243-3341 Date: May 14, 2003 Attorneys for Plaintiff David R. Galloway, Esquire Ten East High St. Carlisle, PA 17013 717-243-3341 DICKINSON COLLEGE V. MICHAEL J. KRUCZKOWSKI Court of Common Pleas Cumberland County, Pennsylvania Docket/Index # 03-1483 Affidavit of Service Commonwealth of Pennsylvania SS: County of Philadelphia I, Thomas J. Crean being duly sworn according to law upon my oath, depose and say, that deponent is not a party to this action, has no direct personal interest in this litigation and is over 18 years of age. That on June 10, 2003 at 7:50 PM, deponent served the within named Complaint upon Michael J. Kruczkowski, Defendant. Said service was effected at 2553 East Ann St., 2nd FI., Philadelphia, PA 19'134, in the following manner; By delivering thereat a true copy to Agecezza, his live-in girlfriend, a person of suitable age and discretion. That person was also asked by deponent whether said premises was Michael J. Kruczkowski's dwelling place or usual place of abode and their reply was affirmative. Agecezza s described to the best of deponents ab~h y at the time and circumstances of service as follows: Sex: Female Skin: Caucasian Hair: Blonde Age(Approx): 25 Ht.(Approx): 5' 7" Wt.(Approx): '110-120 lbs I hereby affirm that the information contained in the Affidavit of Service is true and correct. This affirmation is made subject to the penalties of 18 PA C.S. 4904 relating to unsworn falsification to authorities. Swo.~ to bef~e me on Jt~ne 17~003 I~lo~arial/~al Regina A. Richman, Notary Pubtic Falls Twp., Bucks County My Commission Expires: December 12, 2005. Thomas J. Crean~ Process Serve~ Dennis Richman's Services For The Prefessional, Inc. 1617 JFK Boulevard, Suite 820 Philadelphia, PA 19103 (215) 977-9393, (215) 977-9806 (Fax) DRS # 5376 DICKINSON COLLEGE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MICHAEL J. KRUCZKOWSKI, Defendant NO. 03-1483 CIVIL ACTION-LAW JURY TRIAL OF TWELVE DEMANDED PRAECIPE TO SETTLE AND DISCONTINUE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please mark the above captioned case settled and discontinued and issue a certificate reflecting same. MARTSON DEARDOI~F WILLIAMS & David R. Galloway, Esquire I. D. Number 87326 Ten East High Street Carlisle, PA 17013 (717) 243-3341 OTTO Date: August 5, 2003 Attorneys for Plaintiff CERTIFICATE OF SERVICE I, Christina N. Yost, an authorized agent for Martson Deardorff Williams & Otto, hereby certify that a copy of the foregoing Praecipe was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Michael J. Kruczkowski 586 Webster Avenue Langhome, PA 19047 MARTSON DEARDORFF WILLIAMS & OTTO Christina N. Yost (.,/ Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: August 5, 2003