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HomeMy WebLinkAbout03-2227F:kFILES\DATAFILE~Dickinson College 7619\DickinsonCollegeCollections7619CkDocuments\ 148. com 1 Created: 11/13/00 02:56:13 PM Revised: 04/24/03 02:04:37 PM DICKINSON COLLEGE, Plaintiff Vo SHEILA JORDAN, and DAVID JORDAN, Defendants iN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2003- o,qQoq7 CIVIL TERM JURY 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 Date: MARTSON DEARDO~LLJ~¢MS & OTTO David R. Galloway, Esquire ~ I~ eD~ ENa°~ t 8H7~g2h6 S t r e et / Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff Exh!ibit A DICKINSON COLLEGE FLEXIBLE FINANCING SYSTEM - PLAN B EDUCATIONAL GOODS AND SERVICES RETAIL INSTALLMENT CONTRACT December 3, 1998 I. Seller: Dickinson College, Carlisle, Pennsylvania 17013-2896 Buyer(s): Sheila Jordan 915 W. Hill Ave, Grnway Apts 114 Mt. Pleasant, IA 52641 If there is more than one Buyer, each of you will be obligated, jointly and severally, for all sums due and for th 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 th expenses incurred for goods and services to be provided and rendered, as the case may be, to David Jordan (hereinaft¢ ."Student") during his/her enrollment at Dickinson College during the 1999 academic year, including tuition, room an~ 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 RATE:* Cost of credit as yearly rate 9.50 % FINANCE CHARGE: Dollar amount credit will cost buyer $ 5,528.80 AMOUNT FINANCED: Amoum of credit provided by Dickinson College $ 9,30O.O0 TOTAL OF PAYMENTS: Amount paid by Buyer as total of all scheduled payments $14,828.80 TOTAL SALE PRICE: Total cost of purchase on credit, including down payment of $19,330.00 $ 28,630.00 Rev 2/92 Exhibit "A" ,. ,,Jordan Buyer's payment schedule will be as follows: Number of Payments Amount of Payments When Payments are Due 128 $115.85 Monthly commencing 12/28/98 until 08/28/09 *Variable Rate: The ANNUAL PERCENTAGE RATE disclosed above is a yariable 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 $9,300.00 at 9.50% per annum for 128 months and the prime rate plus 1% were increased to 10.50%, your regular monthly payments would increase to $121.07. 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: Prepayment: If a payment is more than 15 days late, a sum equivalent to 5% of the late payment (but no more than $2.50 and not less than $1.00) may be charged. Buyer may prepay the unpaid balance of the Amount Financed and any FINANCE CHARGE due through the date of early payment, in full or in 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. 2. 3. 4. 5. III. ITEMIZATION OF AMOUNT FINANCED Cash price of Goods and Services: Total down payment: Unpaid balance of cash price (1 - 2): Amount paid to others on Buyer's behalf: Amount Financed (3 + 4): 28,630.00 19,330.00 9,300.00 -0- 9,300.00 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 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 Technolooies Inc. P.O. Box 64974 St. Paul, MN 55164 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) (b) (c) (d) (e) (0 failure to make any payment on or before the date it is due, failure to make a payment on' any other Contract outstanding with Seller, failure to perform any other provision of the Contract, providing Seller with false information or signatures. death, incompetence, or conviction of any Buyer of crime involving fraud or dishonesty, insolvency or bankruptcy of any Buyer. 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. 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. 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. Exhibit B DICKINSON COLLEGE FLEXIBLE FINANCING SYSTEM - PLAN B EDUCATIONAL GOODS AND SERVICES RETAIL INSTALLMENT CONTRACT March 30, 2000 I. Seller: Dickinson College, Carlisle, Pennsylvania 17013-2896 Buyer(s): Sheila J. Jordan 205 East Madison Mt. Pleasant, ~ 52641 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 Educational Goods and Services Retail Installment Contract(the "Contract"). Under the terms of this Contract, you have agreed to pay the expenses incurred for Goods and Services (as hereinafter defined) to be provided and rendered, as the case may be, to David A. Jordan (hereinafter "Student") during !tis/her enrollment at Dickinson College during the 2000 academic year, including tuition, room and board, books and supplies as herein stated (collectively the "Goods and Services"). ANNUAL PERCENTAGE RATE:* Cost of credit as yearly rate 8.75 % II. TERMS OF PAYMENT AND PAYMENT SCHEDULE Disclosures Required by Federal Law FINANCE CHARGE: Dollar amount credit will cost buyer $ 4,286.60 AMOUNT FINANCED: Amount of credit provided by Dickinson College $ 8,833.00 TOTAL OF PAYMENTS: Amount paid by Buyer as total of all scheduled payments $13,119.60 TOTAL SALE PRICE: Total cost of . purchase on credit, including down payment of $ 20,902.00 $ 29,735.00 Rev 10/99 Exhibit "B" Jordan Buyer's payment schedule will be as follows: Number of Payments Amount of Payments When Payments are Due 116 $113.10 Monthly commencing 04/28/00 until 12/28/09 *Variable Rate: Late Charge: The initial ANNUAL PERCENTAGE RATE disclosed above is a variable rate and may change(increase or decrease) from time to time. The ANNUAL PERCENTAGE RATE may increase or decrease 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 or d.ecreases, and will be increased or decreased to the prime rate plus 1%. The ANNUAL PERCENTAGE RATE will not increase, or decrease, more than once a year, and the new interest rate will become effective on July 1 following the increase or decrease, 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 $8,833.00 at 8.75% per annum for 116 months and the prime rate plus 1% were increased to 9.75%, your regular monthly payments would increase to $117.87. Further, the ANNUAL PERCENTAGE RATE will not increase to more than 18% or such other rate as may be permitted under Pennsylvania law. Ifa 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 INFO~ATION ABOUT NON- .PAYMENT, DEFAULT AND REQUIRED REPAYMENT BEFORE THE SCHEDULED DATE FOR REPAYMENT OF THE AMOUNT FINANCED. 3. 5. 1II. ITEMIZATION OF AMOUNT FINANCED Cash price of Goods and Services: Total down payment: Unpaid balance of cash price (1 - 2): Amount paid to others on Buyer's behalf: Amount Financed (3 + 4): 29,735.00 20,902.00 8,833.00 -0- 8,833.00 2 F¢.. CREDIT INSURANCE Credit life insurance for the term of th/s 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 frrst 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 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 Defautlt" of the Contract upon the occurrence of any of the following: (a) (c) (d) (e) (0 failure to make any payment on or before the date it is due, failure to make a payment on any other Contract outstanding with Seller, failure to perform any other provision of the Contract, providing Seller with false information or signatures, death, incompetence, or conviction of any Buyer of crime involving fraud or dishonesty, insolvency or bankruptcy of any Buyer. 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 fight 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 fights 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. Waiver by Seller of any Event of Default shall not be binding upon Seller if Seller should therealter choose to exercise that or any other fight or a similar Event of Default occurs later. All Seller's rights and remedies shall be cumulative. Seller's exercise of one or more fights shall not cause Seller to lose any other rights. 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. APPLICABLE LAW: This Agreement, whenever called upon to be construed, shall be governed by the domestic internal laws of the Commonwealth of Permsylvania except to the extent supplemented, superseded or preempted by federal law. CONSENT TO JURISDICTION, VENUE AND SERVICF.: 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. 11. This Contract shall be binding upon the parties hereto, their heirs, successors, assigns and legal representatives. 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: TRANSCRIPT OF A STUDENT'S RECORD WILL NOT BE RELEASED IF LOAN PAYMENTS TO THE COLLEGE ARE IN ARREARS OR DEFAULT. DATE: '.'.g Plan B DICKINSON COLLEGE BY . 4 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 By: Thomas MeT_~] F:\FILES\DATAFILE\Dickinson College 7619\DickinsonCollegeCollections7619C\Documents\148.coml 2003 F:~FILES~DATAFILE~ickinson College 7619\DickinsonColleg eCollections 7619C~)ocuments\ 148.pra 1/cny Created: 5/23/03 11:33:21 AM Revised: 5/23/03 11:37:17 AM 7619C.148 DICKINSON COLLEGE, Plaintiff SHEILA JORDAN, and DAVID JORDAN, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2003-2227 CIVIL ACTION-LAW JURY OF TWELVE DEMANDED PRAECIPE TO DOCUMENT SERVICE PURSUANT TO THE PENNSYLVANIA LONG ARM STATUTE I hereby certify that a copy of the Complaint was mailed to Sheila Jordan on May 12, 2003, by certified mail, restricted delivery, return receipt requested. Attached is the Post Office return receipt signed and dated May 17, 2003. MARTSON DEARDORFF W~I~_S & OTTO David R. Galloway, Esquire -" ~ I.D. No. 87326 Ten East High Street . Carlisle, PA 17013-3093 (717) 243-3341 Date: May 23, 2003 Attorneys for Plaintiff r~ Postage Certified Fee Return Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Totol Postage & Feeo · 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 ~ to you. · Attach this card to the back of the mailplece, or on the front if space permits. 1. Article Addressed to: ,~ent Date of Delivery D. Is datively address different f~om item 17 [] Yes If YES, enter delivery address below: 'l~ No ~ed Mail [] Express Mail [] Registered [] Retum Receipt for Merchandise [] Insured Mail [] C.O.D. ,~1~~~ 4. Restricted Delivery? (Extra Fee) 2.Article Number ~ /~, (Transfer from service label) PS Form 381 1, August 2001 Domestic Return Receipt 102595-02-M-1035 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: Ms. Sheila Jordan 205 East Madison Street Mount Pleasant, Iowa 52641-2008 MARTSON DEARDORFF WILLIAMS & OTTO Christina N. Yost Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: May 23, 2003 DICKINSON COLLEGE, Plaintiff SHEILA JORDAN and DAVID JORDAN, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2003-2227 CWIL ACTION-LAW JURY TRIAL OF TWELVE DEMANDED PRAECIPE TO THEPROTHONOTARY: Enter default judgment in the above-captioned action in favor of Plaintiff and against Defendant, Sheila Jordan, in the amount of $20,995.83, plus interest from March 17, 2003, in the amount of $272.44 and attorneys' fees in the amount of $2,719.95 for a total of $23,988.22, plus costs of suit and interest o1'$2.78 accruing per day hereafter for Defendant's failure to file an answer to the Complaint. I do hereby certify that a written notice of intention to file this Praecipe (in the form attached hereto) was mailed to the Defendant at the address indicated thereon, on June 12, 2003, which date was subsequent to the date default occurred and at least ten (10) days prior to the date of the Praecipe. MARTSON DEARDO][~FF WILLIAMS & OTTO ID. Number 87326 ~ Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attomeys for Plaintiff Dated: June 23, 2003 DICKINSON COLLEGE, Plaintiff SHEILA JORDAN and DAVID JORDAN, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2003-2227 CIVIL ACTION-LAW JURY TRIAL OF TWELVE DEMANDED TO: SHEILA JORDAN, Defendant NOTICE OF ENTRY OF DEFAULT JUDGMENT You are hereby notified that on ~///~ ,./fi,,.1,, the following Judgment was entered against you in the above-captioned case: In favortof Plafntiff and against Defendant Sheila Jordan in the amount of $20,995.83, plus interest from March 17, 2003, in the amount of $272.44 and attorneys' fees in the amount of $2,719.95 for a total of $23,988.22, plus costs of suit and interest of $2.78 accruing per day from March 17, 2003, for Defendant's failure to file an answer to the Complaint. Date: ~:>/& 9q o.-~ Prot~'onotary I hereby certify that the name and address of the proper person to receive this notice under Pa. R. Civ. P. 236 is: Ms. Sheila Jordan 205 East Madison Street Mt. Pleasant, Iowa 52641 DICKINSON COLLEGE, Plaintiff SHEILA JORDAN and DAVID JORDAN, Defendants TO: SHEILA JORDAN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2003-2227 CIVIL ACTION-LAW JURY TRIAL OF TWELVE DEMANDED NOTICE OF INTENTION TO FILE PRAECIPE FOR ENTRY OF DEFAULT JUDGMENT YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION REQUIRED OF YOU IN THIS CASE. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP: Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 BYDavid R. G~alle~ ay, E~, quite I. D. Number 87326 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff U.S. POSTAL SERVICE CERTIFICATE OF MAY BE USED FOR DOMESTIC AND INTERNATIONAL PROVIDE FOR INSURANCE~POSTMASTER One piece of ordinary mail addressed PS Form 3817, Mar. 1989 CERTIFICATE OF SERVICE I, Ctwistina N. Yost, an authorized agem of Martson Deardorff Williams & Otto, hereby certify that a copy of the foregoing document was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Ms. Sheila Jordan 205 East Madison Street Mt. Pleasant, Iowa 52641 Mr. David Jordan 205 East Madison Street Mt. Pleasant, Iowa 52641 MARTSON DEARDORFF WILLIAMS & OTTO Christina N. Yost ~/ Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: June 23, 2003 DICKINSON COLLEGE, Plaintiff SHEILA JORDAN and DAVID JORDAN, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2003-2227 C1VIL ACTION-LAW JURY TRIAL OF TWELVE DEMANDED PRAECIPE TO DOCUMENT SERVICE AND COST OF SERVICE PURSUANT TO THE PENNSYLVANIA LONG ARM STATUTE I hereby certify that a copy of the Complaint was personally served upon David Jordan on June 19, 2003, at 205 East Madison Street, Mt. Pleasant, Iowa. Attached is a copy of the receipt showing the cost of service. MARTSON DEARDORFF WILLIAMS & OTTO David R. Galloway, ~7~(quire/ I.D. No. 87326 Ten East High Street Carlisle, PA 17013-3093 (717) 243-3341 Date: July 11, 2003 Attorneys for Plaintiff DICKINSON COLLEGE, Plaintiff SHEILA JORDAN, and DAVID JORDAN, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2003-2227 C1VIL ACTION-LAW JURY OF TWELVE DEMANDED AFFIDAVIT OF SERVICE I, Dtlg/~, ~65g/64 , being duly sworn according to law, depose and state that a copy of the attached Complaint was served on the following Defendant, David Jordan, 205 East Madison Street, Mt. Pleasant, Henry County, Iowa by personal service on the lq¢fiday of ~ J/AJ'] ~.~ , 2003. Camllb~n 1 174e40 Sworn to and subscribed before me this ~0 ,2003. Notary/Public IN THE IOWA OUT OF STATE COURT FOR COUNTY Case Name DICKINSON COLLEGE VS. JORDAN, DAVID Case No. 2003-2227 Notice Recd. This Date State of Iowa HENRY County) 6/17/2003 Return of Service: Type of Service Code X Personal 1 Dwelling/Substitute 2 Hotel,Boarding/Rooming House 3 Corporation/Association 4 Official (State,County,City) 5 Spouse Away from Residence 6 Other 7 Diligent Search 8 I Certify That I Served a Copy of: DEMAND FOR JURY TP~AIL NOTICE COMPLAINT JORDAN, DAVID (Name) FEES: SERVICE 15.00 MILEAGE 2.00 COPY .50 Total 17.50 At MT PLEASANT (Addre s s ) County On In HENRY 6/19/2003 13:00 (Date) (Time) FEES CHARGED TO~PAIDJ BY ATTY: MDW & 0 CHECK KENNETH K. KRABILL , Sheriff DR~L W~S~LY / ,CHIEF DEPUTY Note: Copy of original notice, if served, must be attached to this form. 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. David Jordan 205 East Madison Street Mt. Pleasant, Iowa 52641 MARTSON DEARDORFF WILLIAMS & OTTO Christina N. Yost Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: July 11, 2003 DICKINSON COLLEGE, Plaintiff SHEILA JORDAN and DAVID JORDAN, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2003-2227 CIVIL ACTION-LAW JURY TRIAL OF TWELVE DEMANDED PRAECIPE TO THEPROTHONOTARY: Enter default judgment in the above-captioned action in favor of Plaintiff and against Defendant, David Jordan, in the amount of $20,995.83, plus interest fi.om March 17, 2003, in the amount of $369.74 and attorneys' fees in the amount of $2,719.95 for a total of $24,085.52, plus costs of suit and interest of $2.78 accruing per day hereafter for Defendant's failure to file an answer to the Complaint. I do hereby certify that a written notice of intention to file this Praecipe (in the form attached hereto) was mailed to the Defendant at the address indicated thereon, on July 14, 2003, which date was subsequent to the date default occurred and at least ten (10) days prior to the date of the Praecipe. MARTSON DEARDOP~F WILLIAMS & OTTO 'By(... I~~~~ iD. ;vj aN uR 'rn~ea}l ~ ~v;~;'L%'°3~ r e[ Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff Dated: July 28, 2003 DICKINSON COLLEGE, Plaimiff SHEILA JORDAN and DAV1D JORDAN, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2003-2227 CIVIL ACTION-LAW JURY TRIAL OF TWELVE DEMANDED TO: DAVID JORDAN, Defendant NOTICE OF ENTRY OF DEFAULT JUDGMENT You are hereby notified that on July 28, 2003, the following Judgment was entered against you in the above-captioned case: in the amount of $20,995.83, plus interest from March 17, 2003, in the amount of $369.74 and attorneys' fees in the amount of $2,719.95 for a total of $24,085,52, plus costs of suit and interest of $2.78 accruing per day hereafter for Defendant's failure to file an answer to the Complaint. Date: Prothonotary I hereby certify that the name and address of the proper person to receive this notice under Pa. R. Civ. P. 236 is: Mr. David Jordan 205 East Madison Street Mt. Pleasant, Iowa 52641 DICKINSON COLLEGE, Plaintiff SHEILA JORDAN and DAVID JORDAN, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2003-2227 CIVIL ACTION-LAW JURY TRIAL OF TWELVE DEMANDED TO: DAVID JORDAN, Defendant NOTICE OF INTENTION TO FILE PRAECIPE FOR ENTRY OF DEFAULT JUDGMENT YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOURDEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. 1]? YOU DO NOT HAVE A LAWYER OR CANNOT Al'FORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP: Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 Date: I. D. Number 87326 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff & OTTO U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FOR INSURANCE -- POSTMASTER PS Form 3817, Mar. 1989 CERTIFICATE OF SERVICE I, Christina N. Yost, an authorized agent of Martson Deardorff Williams & Otto, hereby certify that a copy of the foregoing document was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Ms. Sheila Jordan 205 East Madison Street Mt. Pleasant, Iowa 52641 Mr. David Jordan 205 East Madison Street Mt. Pleasant, Iowa 52641 MARTSON DEARDORFF WILLIAMS & OTTO Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: July 28, 2003