HomeMy WebLinkAbout03-1516F: \FILES\DATAFILE\Dickinson College 7619\DickinsonCollegeCollections7619C\Documents\i15.coml/drg
Created: 3/17/03 9:25:57 PM
Revised: 4/1/03 2:55:15 PM
7619c. 115
DICKINSON COLLEGE, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. NO. 0
CIVIL ACTION-LAW
BRUCE INNES & WANDA INNES, H/W, :
& CLAIRE E. INNES,
Defendants JURY TRIAL OF TWELVE DEMANDED
NOTICE
You have been sued in court. If you wish to defend against the claims set forth in the
following pages, you must take action within twenty (20) days after this Complaint and Notice
are served, by entering a written appearance personally or by attorney and filing in writing with
the court your defenses or objections to the claims set forth against you. You are warned that if
you fail to do so, the case may proceed without you and a judgment may be entered against you
by the court without further notice for any money claimed in the Complaint or for any other
claim or relief requested by the Plaintiffs. You may lose money or property or other rights
important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR 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
2 Liberty Avenue
Carlisle, Pennsylvania 17013
Telephone (717) 249-3166
MARTSON D
I.D. No. 87326
Ten East High Street
Carlisle, PA 17013
(717) 243-3341
Attorneys for Plaintiff
& OTTO
Date: April 1, 2003
DICKINSON COLLEGE,
Plaintiff
V.
BRUCE INNES & WANDA INNES, H/W,
& CLAIRE E. INNES,
Defendants
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2003 - Oj - /S/ &
CIVIL ACTION-LAW
JURY TRIAL OF TWELVE DEMANDED
COMPLAINT
AND NOW, comes Plaintiff Dickinson College by and through its attorneys, NL RTSON
DEARDORFF WILLIAMS & OTTO, and hereby avers as follows:
1. 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. Defendants Bruce and Wanda Innes are adult individuals residing as husband and wife
with a last known address of 600 West 2nd Avenue, Ketchum, Indiana.
3. Defendant Claire E. Inns is an adult individual with a last known address of 615 Oak
Street, A, Boynton Beach, Florida.
4. On or about June 18, 1998, Defendants entered into a Promissory Note (Note #1) with
Plaintiff. A copy of Note #1 is attached hereto as Exhibit "A."
5. On or about November 18, 1998, Defendants entered into a Promissory Note (Note #2)
with Plaintiff. A copy of Note #2 is attached hereto as Exhibit "B."
6. Note #2 provided for the financing of $5,500.00, plus interest and costs by Defendants
on their own behalf, for educational services and benefits at Plaintiff's institution.
7. Note #1 provided for the financing of $5,000.00, plus interest and costs by Defendants
on their own behalf, for educational services and benefits at Plaintiff's institution.
8. The total collective outstanding principal balance for Note #1 and Note #2 is $10,500.00.
9. Note #1 and Note #2 grant Plaintiff reasonable collection and attorneys' fees which
Plaintiff has calculated to be $1,575.00.
10. As of March 18, 2003, the principal and interest due and payable by Defendants to
Plaintiff was $13,429.00.
11. The outstanding balance of $13,429.00 represents the total and actual overdue value of
the financing provided to Defendants under Note #1 and Note #2 for which Defendants have yet to pay.
COUNTI
BREACH OF CONTRACT
12. Plaintiff hereby incorporates by reference the averments contained in Paragraphs 1
through 11 of this Complaint.
13. Plaintiffhas fulfilled, performed and complied with all obligations and conditions ofNote
#1 and Note #2.
14. Defendants 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, Plaintiff demands judgment against Defendants in the amount of $13,429.00,
plus interest in the amount of $1.595 per day, collection and attorneys' fees in the amount of $1,575.00
and costs accruing subsequent to March 18, 2003; said amount is within the limits set forth for
compulsory arbitration in Cumberland County, Pennsylvania.
COUNT II
QUANTUM MERUIT
15. Plaintiff hereby incorporates by reference the averments contained in Paragraphs 1
through 14 of this Complaint.
16. Defendants are liable to Plaintiff and/or has been unjustly enriched in the amount of
$13,429.00, plus interest in the amount of $1.595 per day.
WHEREFORE, Plaintiff demands judgment against Defendants in the amount of $13,429.00,
plus interest in the amount of $1.595 per day, collection and attorneys' fees in the amount of $1,575.00
and costs accruing subsequent to March 18, 2003; said amount is within the limits set forth for
compulsory arbitration in Cumberland County, Pennsylvania.
Date: April 1, 2003
MARTSON
Ten East High Street
Carlisle, PA 17013-3093
(717) 243-3341
Attorneys for Plaintiff
WILLIAMS & OTTO
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.
DICKINSON COLLEGE FLEXIBLE FINANCING SYSTEM - PLAN B
EDUCATIONAL GOODS AND SERVICES RETAIL INSTALLMENT CONTRACT
Date: June 18, 1998
1. Seller: Dickinson. College, Carlisle, Pennsylvania. 17013-2896
Buyer(s): Charles B. & Wanda Imes
P.O. Box 753
Hailey ID 83333
If there is more than- one Buyer, each of you will be obligatedr 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 Claire Innes (hereinafter
as "Student') during his/her enrollment at Dickinson. College. during the_1498 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.
ANNUAL
PERCENTAGE
RATE:*
Cost of credit as
yearly rate
payments
TOTAL SALE
PRICE:
Total cost of
purchase on
credit, including
down payment of
$22,290.00
9.50%
11. TERMS OF PAYMENT AND PAYMENT SCHEDULE
Disclo sures Required-by Eederal_Law
FINANCE AMOUNT TOTAL OF
CHARGE: FINANCED: PAYMENTS:
Dollar amount Amount of credit Amount paid by
credit will provided by Buyer as total of
cost Buyer Dickinson College all scheduled
$2,712.48 $5,000.00
$7,722.48
$27,290.00
EXHIBIT "A"
Buyer's payment. schedule will.be. as follows:
I Number of Payments I Amount of Payments I When Payments are Due
118
$65.36 1-.Monthly commencing 07/28/98 until 05/28/08.
*Variable Rate: The. ANNUAL PERCENTAGE_RATE disclosed-above is a v ri 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,%eet 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 R A TF -yill-MOL 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 inthe_f =io£higher_ payment.amounts. If your cost of the Goods and Services
sold hereunder were $5000.00 at 9.50% per annum for 118 months, and the prime rate plus 1%
were increased to LOSO°l°,.your regular monthly payments would-increase to $68.12. Further,
the ANNUAL PERCENTAGE RATE will not increase to more than 18% or such other rate as
may be permitted under- the Pennsylvania-Goods and. Services Installment Sales Act.
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_ $L00) 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,Lfiill or. imgart,_without penalty.
SEE SECTION VI OF THE CONTRACT BELOW FOR ANY ADDITIONAL INFORMATION ABOUT NON-
PAYMENT, DEFAULT AND REQUIRED- REPAYMENT BEFQgR THE- SCHEDULED DATE FOR
REPAYMENT OF THE AMOUNT FINANCED.
III. ITEMIZATION OF AMOUNT FINANCED
1. Cash price of Goods and Services $ 27,290.00
2. Total down payment: 22,290.00
3. Unpaid- balance of cash price (1 - 2):. 5000.00
4. Amount paid to others on Buyer's behalf -0-
5. Amount Financed (3 + 4): $5000.00
2
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 RvIPLIED, GIVEN BY SELLER IN CONNECTION WrM 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- shover. 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 EFG Technologies, Inc. at the
following address:
EFG Technologies, Inc.
P.O. Box 64974
St. Paul, MN 55164
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,
(fl 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 attorngy's fees and other
reasonable collection costs and charges necessary for the collection of any amount not paid when due.
5. Waiver by Seller of any Event of Default shall not be binding upon Seller if Seller should thereafter choose to exercise
that or any other right or a similar Event of Default occurs later. All Seller's rights and remedies shall be cumulative.
Seller's exercise of one or more rights shall not cause Seller to.lose any other rights.
6. This Contract is freely assignable by Seller. Buyer agrees that upon receiving notice of the assignment Buyer shall be
obligated to the Assignee of this Contract, which Assignee shall have all of Seller's right and remedies.
3
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. APPLIC ABLE 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, )T JE AND R VIQF: 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_ilnitert %tec DistrictCourtof.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 road-.retuw_receipt requested, directed-to the
respective party at the address set forth above.
10. This Contract shall bebinding upon the_partieshereto- their he?;rcrsuccessorsrassigns and legal. representatives.
11. T M[E IS OF THE ESSENCE OF THIS CONTRACT.
NOTICE: ANY HOLDER OF THIS CONSUMER CREDIT CONTRACT IS-SUBJECT TO ALL CLAIMS AND DEFENSES
WHICH TILE DEBTOR COULD ASSERT AGAINST THE SELLER OF GOODS OR SERVICES OBTAINED PURSUANT
HERETO OR WITH THE_PROCEEDS HEREOF REMVERY HEREUNDER BYTTIE DEBTOR SHALL_NOT EXCE]?D
AMOUNTS PAID BY THE DEBTOR HEREUNDER
NOTICE TO BUYER: (1) DO NOT SIGN THIS AGREEMENT BEFORE YOT r 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 TQPAY OEF-.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 COI ETED.COI'Y-OE THIS CONTRACT-AND .INTEND(S}TO
BE LEGALLY BOUND BY ITS TERMS.
BUYER(S):
I AGREE TO REPAY ALL AMOUNTS DUE-ON THIS.LOANLIE THE BORRGWER(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 r
J
4
r
/ n ` 0?
!
J
DICKINSON COLLEGE FLEXIBLE FINANCING SYSTEM - PLAN B
EDUCATIONAL GOODS AND SERVICES RETAIL INSTALLMENT CONTRACT
November 18, 1998
1. Seller: Dickinson College, Carlisle, Pennsylvania 17013-2896
Buyer(s): Bruce & Wanda Inns
520 S. River Box 753
Hailey, ID 83333
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 Claire Innes (hereinafter
"Student") during his/her enrollment at Dickinson College during the 1999 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 FINANCE AMOUNT TOTAL OF TOTAL SALE
PERCENTAGE CHARGE: FINANCED: PAYMENTS: PRICE:
RATE:* Dollar amount Amount of credit Amount paid by Total cost of
Cost of credit as credit will provided by Buyer as total purchase on
yearly rate cost buyer Dickinson College of all scheduled credit, including
payments down payment of
$23,130.00
9.50% $ 2,927.40 $ 5,500.00 $ 8,427.40 $ 28,630.00
Rev 2/92
EXHIBIT "B"
Innes
Buyer's payment schedule will be as follows:
Number of Payments Amount of Payments When Payments are Due
116 $ 72.65 Monthly commencing 12/28/98 until 08/28/08
*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 $5,500.00 at 9.50% per annum for 116 months and the prime rate plus 1%
were increased to 10.50%, your regular monthly payments would increase to $75.67. 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 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: $ 28,630.00
2. Total down payment: 23,130.00
3. Unpaid balance of cash price (1 - 2): 5,500.00
4. Amount paid to others on Buyer's behalf: -0-
5. Amount Financed (3 + 4): $ 5,500.00
2
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
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 EFG Technologies, Inc. at the following address:
EFG Technologies, Inc.
P.O. Box 64974
St. Paul, MN 55164
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.
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.
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.
CONSENT TO JURISDICTION VENUE AND SERVICE: The parties to this Agreement consent and agree that all legal
proceedings relating to the subject matter hereof shall be maintained in the Court of Common Pleas of Cumberland County,
Pennsylvania, or, if applicable, the United States District Court of the Middle District of Pennsylvania, and all parties hereto consent
and agree that jurisdiction and venue for such proceedings shall lie exclusively within said court. Service of process in any such
proceeding may be made by certified mail, return receipt requested, directed to the respective party at the address set forth 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.
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.
DAT
I k 1770
Plan B Loans
DICKINSON OLLEGE
BY
J
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 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
.Co?'-9-:VZ1
Thomas Meyer
Assistant Treasurer of Dickinson College
Dated: y/ /C 3
rj?,, 7 _I
W t C. ; z
p _ ,f ?, ryf
MAR 2 2003
P9PILESDATAPILE\Dlckimon College 7619\DickmonCollegeCollmiom9619C\Dooum is\115.Pal/cU
Cmatel 611VO3 3'.51PM
Rev el, 6/1 V033. 55PM
76190.115 _
DICKINSON COLLEGE,
Plaintiff
V.
BRUCE INNES and WANDA INNES,
H/W, and CLAIRE E. INNES,
Defendants
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 03-1516
C17VIL ACTION-LAW
JURY TRIAL OF TWELVE DEMANDED
PRAECIPE TO DOCUMENT SERVICE PURSUANT TO THE
PENNSYLVANIA LONG ARM STATUTE
I hereby certify that a copy ofthe Complaint was personally served upon Bruce Innes for both
he and Wanda on May 14, 2003.
Attached is the Affidavit of service.
MARTSON
David R. Galloway, Esgi
I.D. No. 87326
Ten East High Street
Carlisle, PA 17013-3093
(717) 243-3341
WILLIAMS & OTTO
Date: June 12, 2003 Attorneys for Plaintiff
F'.\FILES\DATAFILE\Dicktnson College 7619\DickinsonCollepCollections9619C\DOcm nts\115.aff/jlb
Created 6/3103 0'.16'.56 PM
Redsc 6/3/033 40:38 PM
DICKINSON COLLEGE, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. NO. 03-1516
CIVIL ACTION-LAW
BRUCE INNES & WANDA INNES, H/W,
& CLAIRE E. INNES,
Defendants JURY TRIAL OF TWELVE DEMANDED
AFFIDAVIT OF SERVICE
I, Y an adult individual, being duly sworn according to law, depose and
state that I served a copy of the attached Complaint on Bruce and Wanda Innes by handing copies
of the Complaint to Bruce Innes at 600 Second Avenue, Kethcum, ID, on May 14, 2003 at
10:50 a.m.
By jf
Sworn to and subscribed before me
a
thi;:f'. 2003.
cY
1 µV11V
'DUBLIC
4T : .• (7,
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:
Mr. and Mrs. Bruce limes
P.O. Box 1363
Sun Valley, ID 83353
MARTSON DEARDORFF WILLIAMS & OTTO
Christina N. Yost f
Ten East High Street
Carlisle, PA 17013
(717) 243-3341
Dated: June 12, 2003
R ci ? ,
U?l
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t•t _
,
19FIL6S/DATAF I LF%Diekinson Calle6e 9619 DiekinsonCOllegeC911ea/ions]619PDOU?ments\I I6nipl/cny
Ciealed'. 5123/03 1050.32 AM
Revised: 6/5/03 9.1448 AM
7619C 115
DICKINSON COLLEGE,
Plaintiff
V.
BRUCE INNES & WANDA
INNES, H/W, & CLAIRE E. INNES,
Defendants
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 03-1516
CIVIL ACTION-LAW
JURY TRIAL OF TWELVE DEMANDED
STIPULATION AND AGREEMENT FOR ENTRY OF JUDGMENT
AND NOW, comes Plaintiff, DICKINSON COLLEGE, by and through its attorneys,
MARTSON DEARDORFF WILLIAMS & OTTO, and Defendants, BRUCE INNES & WANDA
INNES, H/W, who stipulate and agree as follows:
1. Pennsylvania Rule of Civil Procedure 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. Defendants, Bruce and Wanda hines, agree and admit that Judgment should be
entered against them in favor of Plaintiff in the amount of $13,429.00, plus interest from
March 15, 2003 in the amount of $113.25, collection and attorneys' fees in the amount of $1,575.00
for a total of $15,117.25 plus costs and interest accruing at $1.60 per day from date of judgment.
3. Plaintiff and Defendants, Bruce and Wanda hmes, 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.
MARTSONDEARDORfIJ I L1AMN
& 11/I -
By:
David R. Galloway, squire Bru a Innes
10 E. High Street 600 Second Avenue South - Unit B
Carlisle, PA 17013 Ketchum
Counsel for la tiff Pro Se - fendant
Date: 621iI $3 Date:
By: 2 ors
anda Innes
600 Second Avenue South - Unit B
Ketchum,/Tp 83340
Pro Se - endant 3
Date:
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F TILMDATARLMcka son College 7619\DickinsonCollegeCollections0619C\Docum nts\I 15.ord 1/cay
Created. 6/19/03 4'.68PM
Revised: 6/19/03 4 40PM
7619C.115
DICKINSON COLLEGE,
Plaintiff
V.
BRUCE INNES and WANDA INNES,
H/W, and CLAIRE E. INNES,
Defendants
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 03-1516
CIVIL ACTION-LAW
JURY TRIAL OF TWELVE DEMANDED
ORDER OF COURT la R AND NOW, this #4 day of Ti e-146^_ , 2003, upon consideration of the attached
Stipulation, judgment is hereby entered in favor of Plaintiff, Dickinson College, against Defendants,
Bruce Inns and Wanda Innes, in the amount of $13,429.00, plus interest from March 15, 2003, in
the amount of $113.25, collection and attorneys' fees in the amount of $1,575.00 for a total of
$15,117.25 with interest accruing at $1.60 per day from date of judgment. Prothonotary is directed
to enter and index this judgment accordingly.
BY THE COURT,
i
for Plaintiff:
David R. Galloway, Esquire
Ten East High Street
Carlisle, PA 17013
for Defendant:
Mr. and Mrs. Bruce Innes
P.O. Box 753
Hailey, ID 83333
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F-\FILESDATAFILE\Dicklnson C011Cge ]619`Dickinsonc ollegeCollections9619C4IDcuntents\115 slip I/cny
Crcm d 5113103 10303 2 AM
Revi ed 615/03 9 14-48 AM
7619C 115
DICKINSON COLLEGE,
Plaintiff
V.
BRUCE INNES & WANDA
INNES, H/W, & CLAIRE E. INNES,
Defendants
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 03-1516
CIVIL ACTION-LAW
JURY TRIAL OF TWELVE DEMANDED
STIPULATION AND AGREEMENT FOR ENTRY OF JUDGMENT
AND NOW, comes Plaintiff, DICKINSON COLLEGE, by and through its attorneys,
MARTSON DEARDORFF WILLIAMS & OTTO, and Defendants, BRUCE INNES & WANDA
INNES, H/W, who stipulate and agree as follows:
1. Pennsylvania Rule of Civil Procedure 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. Defendants, Bruce and Wanda Innes, agree and admit that Judgment should be
entered against them in favor of Plaintiff in the amount of $13,429.00, plus interest from
March 15, 2003 in the amount of $113.25, collection and attorneys' fees in the amount of $1,575.00
for a total of $15,117.25 plus costs and interest accruing at $1.60 per day from date of judgment.
3. Plaintiff and Defendants, Bruce and Wanda Inns, 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.
MARTSON
ter' / ?-?
David R. Galloway,
10 E. High Street
Carlisle, PA 17013
Counsel for la' tiff
Date: &/11/ 03
By' p/dywc,?4?'
Bruce Inns
600 Second Avenue South - Unit B
Ketchum
Pro Se - fendant
Date:
By: /?Zd`:
anda Inns
600 Second Avenue South - Unit B
Ketchum, 83340
Pro Se - endant 3
Date: ?jy1
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F: \FILES\Clients\DickinsonCollege7619\Collections\('urrent\ 115\7619C. 115.pra2/cny
Created: 6/12/03 3:51PM
Revised: 4/9/09 1:56PM j
7619C.115
DICKINSON COLLEGE,
V.
BRUCE INNES and W
H/W, and CLAIRE E. I
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 03-1516
CIVIL ACTION-LAW
INNES,
its JURY TRIAL OF TWELVE DEMANDED
PRAECIPE
TO THE PROTHONOT.
Please mark the
OF CUMBERLAND COUNTY:
in the above-captioned matter satisfied and the action discontinued.
MARTSON LAW OFFICES
Y•
Christopher E. Rice, Esquire
I.D. No. 90916
Ten East High Street
Carlisle, PA 17013-3093
(717) 243-3341
Date: ?_ /3 - 0 ? Attorneys for Plaintiff
CERTIFICATE OF SERVICE
I, Mary M. Price, authorized agent for Martson Deardorff Williams Otto Gilroy & Faller,
hereby certify that a copy o 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:
Bruce Inns and Wanda Innes
c/o Stephen D. Thompson, Esquire
120 East Avenue
P.O. Box 1707
Ketchum, ID 83340
MARTSON LAW OFFICES
By: V'
VT?en?it e
h Str eet
Carlisle, PA 17013
(717) 243-3341
Dated: 11/?f /0f
OF THE R OTL`?NOTARY
21199 APR 14 AM 10= 5 5
cU? a , ?l jli,N Y
PENNSYLVANIA