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Home My WebLink About03-2325F: ~F1LES~DATAFILEkDickinson College 7619~DickinsonCollegeCollections 7619C\Documents\ 164 corn 1/cny Cre~ted: 4/24/03 10:21 50 AM Revised: 5/14/03 2:48:51 PM 7619C.164 DICKINSON COLLEGE, Plaintiff Vo FRANCES M. HERGAN, 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 County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 MARTSON DEARDORI David R. Galloway, E~, I. D. Number 87326 Ten East High Street Carlisle, PA 17013 (717)243-3341 & OTTO Dated: May 14, 2003 Attomeys for Plaintiff DICKINSON COLLEGE, Plaintiff Vo FRANCES M. HERGAN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA · CIVIL ACTION-LAW JURY TRIAL OF TWELVE DEMANDED COMPLAINT 1. PlaintiffDickinson College ("Dickinson") is a Pennsylvania educational institution with its principal offices located in Carlisle, Cumberland County, Pennsylvania 17013. 2. Defendant Frances M. Hergan ("Defendant") is an adult individual whose last known address is R.R./ti, Box 278, Luzerne County, Pittston, Pennsylvania 18643. below. COUNT I DICKINSON COLLEGE V. FRANCES M. HERGAN BREACH OF CONTRACT Paragraphs 1 through 2 arc incorporated herein by reference as if set forth in full 4. Defendant opened a Student Receivables Account ("Account") with Plaintiffto pay tuition, dining service fees and other educational expenses provided and rendered to Defendant by Plaintiff. A true and correct copy of that Account is incorporated by reference and attached as Exhibit "A." 5. 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. 6. Defendant received and accepted all goods and services provided by Plaintiff and thereby agreed to payment for said goods and services. 7. The terms of repayment required Defendant to pay all balances 14 (fourteen) days before the beginning of each semester. 8. Defendant defaulted on the repayment of the Account by not paying the balance when due. 9. Notices were forwarded to Defendant informing her of her default and right to cure such default. 10. Defendant failed to cure such defaults. 11. The total amount which is immediately due and payable to Plaintiff by Defendant on the Account is Seventeen Thousand Eight Hundred Ninety-Nine Dollars and Fifty-Nine Cents ($17,899.59). WHEREFORE, PlaintiffDickinson College demands judgment against Defendant Frances M. Hergan in the sum of Seventeen Thousand Eight Hundred Ninety-Nine Dollars and Fifty-Nine Cents ($17,899.59), plus late fees, costs of suit, attorneys' fees and collection costs, and interest from date of judgment. COUNT II DICKINSON COLLEGE V. FRANCES M. HERGAN IN QU.4NTUM MER UIT In the alternative, if this Honorable Court should determine that an express contract between Dickinson and Frances M. Hergan does not exist, which is denied, Dickinson pleads the following: 12. Paragraphs 1 through 11 are incorporated herein by reference as if set forth in full. 13. Because Plaintiff loaned money to Defendant, to the benefit of Defendant, Defendant became liable to Plaintiff for said money. 14. Defendant was unjustly enriched by accepting said money without paying Plaintiff reasonable compensation therefor. 15. The total amount by which Defendant has become enriched is Seventeen Thousand Eight Hundred Ninety-Nine Dollars and Fifty-Nine Cents ($17,899.59). 16. Plaintiff demanded payment of the above sums but Defendant failed and refused to do so. WHEREFORE, Plaintiff Dickinson College demands judgment against Defendant Frances M. Hergan in the sum of Seventeen Thousand Eight Hundred Ninety-Nine Dollars and Fifty-Nine Cents ($17,899.59), until Frances M. Hergan's obligation is paid in full, plus late fees, costs of suit, attorneys' fees and collection costs, and interest from date of judgment. MARTSON DEARD, JDR~t(~LIAMS & OTTO I. D. Number 87326 ~/ Ten East High Street Carlisle, PA 17013 (717) 243-3341 Date: May 14, 2003 Attorneys for Plaintiff 0 0 0 0 o o u1 ~-~ o o o ~ ~. ~0 o o u1 o o ~ o ;- ~. o o o ~ ~0 ~, o o ;:, o o o o o ,o ~0 o o ~0 o ~ o o o o o ~ ~ ~ 00~ 0 0 ~ 000 ~ 0 0 ~ 000 0 0 o o ~ o~ o o r~' ~ OW~-I o Il; 0 0 0 O 0 · 0 r~ o o o ~ o o o EXHIBIT "A" o L '~ = o' &, o' L1 &, ~ ~ L~ ~ 'o P '~ ~ '. Z ~ [. P 5 ~ ~ L '~ &~ o U'I ~ I~ 0 0 U1 w~ w~. W 0 0 ~1 0 0 0 CO U1 ~ -4 0 I~ ~0 tO I~0 0 ~ 0 0 0 Loo L ~Z ......... b ~oo ~ 0 0 0 0 0 0 0 0 oooo o 666 '' 0000 0 0 O0 0 0 0 0 0 0 0 0 0 0 0 O0 0 0 0 0 0 0 0 0 0 0 O0 O0 0 O0 0 0 0 0 0 0 0 0 0 0 0 O0 ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~0 ~0 ~ ~0 ~ 0 0 0 0 0 0 0 0 0 0 O0 ~ 0 0 0 0 0 ~ ~ ~ ~ ~ ~0 ~0 ~ ~'0 ~ ~ ~ ~ 0 0 0 0 0 0 0 O0 ~ ~'~ ~ ~ ~ ~ ~ ~ ~ 0 ~ ~ ~ ~ ~ O0 ~ 0 0 ~ ~ 0 ~ 0 ~ ~ ~ 0 0 ~ ~ ~ ~ooo~o~~o o ~ ~ 0 ~'~ 0 O1 0 O1 0 0 0 0 0 C} 0 0 O0 0 0 0 0 0 0 O0 0 0 0 0 0 0 O0 0 0 0 0 0 O0 0 0 0 0 0 0 ~0 0 ~ {~ 0 0 ~ O~ O0 0 0 O0 0 0 O0 0 0 O0 0 0 ~0 O~ ~:~ O~J H 0 ~ 0 O0 0 O0 0 0 O0 C~ CD O0 O0 O0 000000 O0 O0 O0 000000 O0 O0 O0 000000 O0 O0 O0 000000 O~ ~ ~0 ~00~ O0 O0 O0 000000 O~ ~ ~ ~000~ O0 O0 O0 000000 O0 O0 O0 000000 ~ tO 0 ;-~ 0 ~0 0 O0 0 0 Ol~J 0 U1 ~ ~ ~ ~ ~ o ~ o~ o o o~ o ~= o 0 O~ 0 l~J01 U1 I-~ bJtdO 0 ~J ~ 0 O~ 0 0 ~, ~O~td 0 t,~~. 0 U1 0 0 01 I-~0 0 0~~ 000~ ~ b~ tO l~J I-~ ~ O0 VERIFICATION The foregoing Complaint is based upon information which has been gathered by my counsel in the preparation of the lawsuit. The language of the document is that of counsel and not my own. I have read the document and to the extent that it 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 document 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. Thomas B. Meyer F:\FILES\DATAFILE~Dickinson College 7619\DickinsonCollegeCollections7619C\Documents\164.coml SHERIFF' S RETURN CASE NO: 2003-02325 P ~ COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DICKINSON COLLEGE VS HERGAN FRANCES M - OUT OF COUNTY R. Thomas Kline , duly sworn according to law, says, that he made and inquiry for the within named DEFENDANT HERGAN FILA_NCES M but was unable to locate Her deputized the sheriff of LUZERNE Sheriff or Deputy Sheriff who being a diligent search and , to wit: in his bailiwick. County, serve the within COMPLAINT & NOTICE He therefore Pennsylvania, to On June 4th , 2003 attached return from LUZERNE Sheriff's Costs: Docketing 18.00 Out of County 9.00 Surcharge 10.00 Dep Luzerne Co 29.00 .00 66.00 06/04/2003 MDW&O Sworn and subscribed to before me this /~ day of ~ ~ ~ A.D. Prothonotar~ this office was in receipt of the So answer~,~-' ~/~P ~--~ Sheriff of Cumberland County In The Court of Common Pleas of Cumberland County, Pennsylvania Dickinson Colle~Je VS. Frances M. Her§an SERVE: sane NO. 03-2325 civil Now, May 15, 2003 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Luzerne County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. ~ .' Sheriffof Cumberland County, PA Now~ within upon at by handing to a and made known to Affidavit of Service ,20 ,at o'clock M. served the copy of the original So answers, the contents thereof. Sworn and subscribed before me this __ day of ,20 Sheriff of COSTS SERVICE MILEAGE AFFIDAVIT County, PA TDD, (570).825-1860 Luzerne County Sheriff's Department Luzerne County Courthouse 200 North River Street Wilkes-Barre, Pennsylvania 18711 (570) 825-1651 STATE OF PENNSYLVANIA COUNTY OF LUZERNE: SS. CUMBERLAND COUNTY 03-2325 DICKINSON COLLEGE vs FRANCES M. HERGAN FAX: (570) 825-1849 JOSEPH OL1VERI Deputy Sheriff of Luzerne County, being duly sworn according to law, deposes and says that after having made diligent search and inquiry for the within named, FRANCES M. HERGAN he was unable to find the within named in the said County of kuzerne. Reason: SEE ATTACHED SHEET. Attempts: Sworn to and subscribed before me this 28TH day of MAY 20 03 Prothonotary of Luzeme County So answers, Sheriff of Luzerne County ,~Gh~ff of Luzeme L, oumy Luzeme County Sheriffs Department WILKES-BARRE, PA. 18711 (570) 825-1651 FAX {570) 825-1849 EXECUTION NUMBER: /~ ~ ~ ,~.~.~-- D(~ENDANT NOT FOUND BECAUSE: ATTEMPTS MADE: DATE: ADDRESS: ~/ DATE: ADDRESS: DATE: ~-d ~ ADDRESS: DEPUTY SHERIFF~~~' SHERIFF OF LUZERNE COUNTY F:/FILBS~DATAF LEDickinaonCo ege 7619~DickinsonCollegeCollections7619?D°cuments\164pral/cny Created 6/23/034:25PM Revised 6/23/03 429PM 7619C 164 DICKINSON COLLEGE, Plaintiff FRANCES M. HERGAN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-2325 CIVIL ACTION-LAW JURY TRIAL OF TWELVE DEMANDED PRAECIPE Please reinstate the attached Complaint to be served upon Frances M. Hergan, R.R. #1, Box 278, Pittston, Luzeme County, Pennsylvania 18643 and forward to the Sheriff for service. .~~S & OTTO David R. Gallowa~ I. D. Number 87326 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Date: June 23, 2003 Attorneys for Plaintiff RANDALL L. YOUNG and : IN THE COURT OF COMMON PLEAS HELEN R. YOUNG, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs : v. : NO. 03-2332 : CIVIL ACTION - LAW JOHN J. TAMALAVAGE, : Defendant : JURY TRIAL 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 Plaintiff. 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. NO T I C I A Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita o en persona o pot abogado y archivar en la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. See avisado que si usted no se defiende, la corte tomara medidas y puede entrar una orden contra usted sin previo aviso o notificacion y por cualquier queja o alivio que es pedido en la peticion de demanda. Usted puede perder dinero o sus propiedades o otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABODAGO IMMEDIATEMENTE. SI NO TIENNE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO. VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCIONSE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ARISTENCIA LEGAL. CUMBERLAND COUNTY LAWYER REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 RANDALL L. YOUNG and : HELEN R. YOUNG : JOHN J. TAMALAVAGE : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-23321 CIVIL ACTION - LAW COMPLAINT AND NOW, comes Purcell, 1. individual residing at 211 South 16th Street, Cumberland County, Pennsylvania 17011. Plaintiffs, by and through their attorneys, Krug &Haller and files the following Complaint: Plaintiff One is Randall L. Young, an adult married Camp Hill, 2. Plaintiff Two is spouse, Randall L. Cumberland County, Helen R. Young, residing with her Young, at 211 South 16th Street, Camp Hill, Pennsylvania 17011. 3. Defendant is John J. Tamalavage, an adult individual residing at 802 Cocklin Street, Mechanicsburg, Cumberland County, Pennsylvania 17055. 4. On June 18, 2001, at approximately 1:40 p.m., Plaintiff One was a front-seat passenger in the vehicle operated by his brother, James O. Young, traveling north on Rossmoyne Road through the intersection S.R. 8001 (Rossmoyne Interchange). 5. At or about the same time, Defendant was traveling south on Rossmoyne Road and attempted to make an illegal left turn from a designated straight-through lane of travel. 6. Defendant cut off another vehicle ahead in the designated turning lane while making the turn, pulled in front of the Young vehicle suddenly and without warning, and caused a collision with the Young vehicle in the intersection. 7. After impact, the Young vehicle continued to travel, went through a guardrail and plummeted off the roadway, down an embankment, finally coming to rest on the grassy bank below (near Rte 15N). 8. Defendant was negligent in that he: a. Drove in violation of lane roadway signs (made a left turn from a lane specifically designated for straight through travel); b. Failed to maintain a proper lookout; c. Failed to operate his vehicle with due regard for the rights, presence, and safety of Plaintiff; d. Failed to maintain his vehicle under proper control at all times; eo Failed to yield the right-of-way; f. Failed to warn of his intended illegal turn; g. Failed to understand and obey road signs; 2 h. Failed to use due care under the circumstances of this case; and i. Cut-off other vehicles. 9. As a proximate result of the negligence of the Defendant, Plaintiff was severely injured, including but not limited to the following: a. Exacerbated, severe headache; b. Severe chest wall injury; c. Pain in right shoulder, neck thoracic and iow back areas; d. Significant rib pain; e. Muscle spasm; f. Tingling in his extremities, and g. Major depression. 10. As a result of the aforesaid injuries, Plaintiff had to expend significant sums for medical care and treatment. 11. As a proximate result of Defendant's negligence, life threatening pulmonary emboli developed and remain in Plaintiff's lungs, and he has been permanently placed on Coumadin, a blood thinner, to save his life. 12. Pulmonary emboti scar the lungs and cause severe and permanent future problems, including new emboli and possibly cancer from lung scarring. 3 13. 14. 15. negligence, employment, In addition to the foregoing, Plaintiff has lost wages. Plaintiff has full tort insurance coverage. As a further proximate result of Defendant's Plaintiff cannot attend to his regular and normal exercise, social, family, and marital activities. 16. Plaintiff's injuries are permanent and will always negatively affect his enjoyment of life's pleasures. 17. Plaintiff cannot sleep and has been severely depressed as a result of the overall impact of the accident-related injuries on his life expectancy and life style, causing him also to experience marital problems from mood change and anger. 18. Plaintiff has been on numerous medications to overcome the aforesaid injuries at great present and future anticipated expense. WHEREFORE, Plaintiffs hereby demand judgment against Defendant in an amount in excess of the jurisdictional limit requiring arbitration, plus costs and interest from the date of judgment. 19. as if set COUNT II HELEN R. YOUNG v. JOHN J. Ti~%~a_LAVAGE LOSS OF CONSORTIUM Paragraphs 1 through 18 are incorporated by reference forth more fully herein. 20. Plaintiff Two has lost the society and companionship of her spouse, Plaintiff One, as a proximate result of the negligence of Defendant. WHEREFORE, Plaintiffs hereby demand judgment against Defendant in an amount in excess of the jurisdictional limit requiring arbitration, plus costs and interest from the date of judgment. Date: /~..PURCELL, KRUG & ~AL~L~ Howa~4~~squ±re- ID 1719 ~rth Front Street Harrisburg~ ?~ 17~02 717 234-4178 VERIFICATION I, RANDALL L. YOUNG, hereby verify that the facts contained in the foregoing COMPLAINT are true and correct to the best of my knowledge, information and belief. I understand that false statements made herein are subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. RANDALL L. CERTIFICATE OF SERVICE Krug &Haller, service of the class, ANGELA S. EATON, an employee for the law firm of Purcell, counsel for Plaintiffs, hereby certifies that COMPLAINT was made on the following by first regular mail on June 23, 2003: JoAnne E. Kinzel, Esquire JACOBS & ASSOCIATES 214 Senate Avenue Suite 503 Camp Hill, PA 1701] Attorney for Defenda~t ~ ~ngela S. Eaton SHERIFF'S RETURN CASE NO: 2003-02325 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DICKINSON COLLEGE VS HERGAN FPJtNCES M - OUT OF COUNTY Thomas Kline duly sworn according to law, says, that he made and inquiry for the within named DEFENDANT Sheriff or Deputy Sheriff who being a diligent search and , to wit: HERGAN FRANCES M but was unable to locate Her deputized the sheriff of LUZERNE serve in his bailiwick. County, the within COMPLAINT & NOTICE He therefore Pennsylvania, to On July 7th , 2003 attached return from LUZERNE Sheriff's Costs: Docketing 18.00 Out of County 9.00 Surcharge 10.00 Dep Luzerne Co 29.00 .00 66.00 07/07/2003 MDW&O Sworn and subscribed to before me this /0- day of A.D. Prothonota~y/ I this office was in receipt of the R~. Thomas Kline' Sheriff of Cumberland County In The Court of Common Pleas of Cumberland County, Pennsylvania Dickinson College VS. Frances M. Hergan SERVE: s~ne 03-2325 civil No. iq'OW, June 25. 2003 , I, SHERIFF OF CUA~ERLAND COUNTY, PA, do hereby deputize the Sheriffof LUzerne County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA Now, within upon at by handing to a and made known to Affidavit of Service ,20 , at o'clock copy of the original So answers, M. served the the contents thereof. Sworn and subscribed before me this __ day of ,20 Sheriffof COSTS SERVICE MILEAGE AFFIDAVIT County, PA TDD (570) 825-1866 Luzerne County Sheriff's Department Luzerne County Courthouse 200 North River Street Wilkes-Barre, Pennsylvania 18711 (570) 825-1651 STATE OF PENNSYLVANIA COUNTY OF LUZERNE: SS. CUMBERLAND COUNTY 03-2325 DICKINSON COLLEGE V$ FRANCES M. HERGAN FAX: (570) 825-1849 JOSEPH OLIVERI Deputy Sheriff of Luzerne County, being duly sworn according to law, deposes and says that after having made diligent search and inquiry for the within named, F~,~NCES M. HERGAN he was unable to find the within named in the said County of Luzerne. Reason: SEE ATTACHED SHEET. Attempts: Sworn to and subscribed before me this 1ST day of JULY 20 03 Prothonotary of Luzerne County So answers, Sheriff of Luzeme County D~/~y Sher~ of LuZerne County Luzeme County Sheriffs Department WILKES-BARRE, PA. 18711 (570) 825-1651 FAX (570) 825-1849 DEFENDANT NOT FOUI~ BECAUSE: ATTEMPTS MADE: ..ADDRESS: /F/e/ /~ x ~ ?,I> DATE: ~ME: ~D~SS: DATE: TIME: ADDRESS: SHERIFF OF LUZERNE COUNTY DICKINSON COLLEGE, Plaintiff FRANCES M. HERGAN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-2325 CIVIL ACTION-LAW JURY TRIAL OF TWELVE DEMANDED PRAECIPE Please reinstate the attached Complaint to be served upon Frances M. Hergan, 780 Main Street, Apt. C, Royersford, PA, Montgomery County, Pennsylvania 19648 and return to our attention for Acceptance of Service. MARTSON DEARDOI~'F WILLIAMS & OTTO L-LDa'~ R. Gallowa~q~,r'~ - / I. D. Number 8,7,726~ ~ Ten East High Street Carlisle, PA 17013 (717) 243-3341 Date: September 3, 2003 Attorneys for Plaintiff DICKINSON COLLEGE, Plaintiff FRANCES HERGAN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-2325 CIVIL ACTION-LAW JURY TRIAL OF TWELVE DEMANDED ACCEPTANCE OF SERVIC, E I, Frances Hergan, accept service of the Complaint. ,2003 CERTIFICATE OF SERVIC. E I, Nichole L. Myers, an authorized agent of Martson Deardorff Williams & Otto, hereby certify that a copy of the foregoing Acceptance of Service was :~erved this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Ms. Frances Hergan 780 Main Street, Apt. C Royersford, PA 19648 MARTSON DEARDORFF WILLIAMS & OTTO Nichole L. My6rk Ten East High" ~>treet Carlisle, PA 17013 (717) 243-3341 Dated: October 23, 2003 DICKINSON COLLEGE, Plaintiff FRANCES M. HERGAN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-2325 CIVIL ACTION-LAW JURY TRIAL OF TWELVE DEMANDED PRAECIPE TO SETTLE AND DISCONTINUE Plaintiff requests the above-captioned matter be marked settled and discontinued without prejudice. IAMS 'David R. Galloi. D. Number 87326 /way, Esquire Ten East High Street Carlisle, PA 17013 (717) 243-3341 & OTTO Date: January 15, 2004 Attorneys for Plaintiff CERTIFICATE OF SERVICE I, Marti lben, an authorized agent for Martson DeardorffWilliams & 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. Frances Hergan 780 Main Street, Apt. C Royersford, PA 19648 MARTSON DEARDORFF WILLIAMS & OTTO BYMarti iben'~ Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: January 15, 2004