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Home My WebLink About03-2477 F: IFILESIDA T AFILEIDickinson College 76 191DickinsonCollegeCollections7619.ClDocumentsl I 60.comIldrg Created; 4/22/03 9: 16;36 AM Revised: 5/19/03 9:12;04 AM 7619c.160 DICKINSON COLLEGE, Plaintiff v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-~~?? CIVIL ACTION-LAW MARC E. MICKEL, MARILYN K. SMITH & JENNIFER MICKEL 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 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 David R. Galloway, Esquire ID. No. 87326 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff Date: S /dl3 ft3 DICKINSON COLLEGE, Plaintiff v. IN THE COURT OF COMMON PLEAS OF CUMBERLANDCOUNTY,PENNSYLV ANIA NO. 03- .2 V 77 C;;;:.; ~ CNIL ACTION-LAW MARC E. MICKEL, MARILYN K. SMITH & JENNIFER MICKEL Defendants JURY TRIAL OF TWELVE DEMANDED COMPLAINT AND NOW, comes Plaintiff Dickinson College by and through its attorneys, MARTSON DEARDORFF WILLIAMS & OTTO, and hereby avers as follows: 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. Defendant, Marc E. Mickel, is an adult individual with a last known address of 210 Thompson Hill Road, Beaver County, PA 15001-5838. 3. Defendant, Marilyn K. Smith, is an adult individual with a last known address of518 Grove Street, Allegheny County, Sewickley, PA 15143-1233. 4. Defendant, Jennifer Mickel, (hereinafter "Student"), is an adult individual with a last known address of67 Ten Eyck Street, Apt. 3L, Brooklyn, New York, 11206. 5. On or about August 28, 1997, Defendants and Student entered into a Promissory Note (Note # 1) with Plaintiff. A copy of Note # 1 is attached hereto as Exhibit "A." 6. Note # 1 provided for the financing of $1 0,000.00, plus interest and costs by Defendants for expenses incurred and rendered to Student by Plaintiff. 7. On or about August 28, 1997, Defendants and Student entered into an additional Promissory Note (Note #2) with Plaintiff. A copy of Note #2 is attached hereto as Exhibit "B." 8. Note #2 provided for the financing of $4,000.00, plus interest and costs by Defendants for expenses incurred and rendered to Student by Plaintiff. 9. On or about November 6, 1998, Marc E. Mickel and Student entered into an additional Promissory Note (Note #3) with Plaintiff. A copy of Note #3 is attached hereto as Exhibit "C." 10. Note #3 provided for the financing of $4,000.00, plus interest and costs by Marc E. Mickel and Student for expenses incurred and rendered to Student by Plaintiff. 11. On or about November 6, 1998, Marc E. Mickel and Student entered into an additional Promissory Note (Note #4) with Plaintiff. A copy of Note #4 is attached hereto as Exhibit "D." 12. Note #4 provided for the fmancing of $10,000.00, plus interest and costs by Marc E. Mickel and Student for expenses incurred and rendered to Student by Plaintiff. 13. The total collective principal for Note #1, Note #2, Note #3 and Note #4 is $28,000.00. 14. Note #1, Note #2, Note #3 and Note #4 grantPlaintiffreasonablecollection and attorneys' fees which Plaintiff has calculated to be $4,200.00. 15. Defendants and Student stopped making monthly payments on Note #1, Note #2, Note #3, and Note #4 on or about June 30, 2000. 16. As of May 14, 2003, the outstanding balance of$3 8,762.91 represents the total and actual overdue value ofthe financing provided to Defendants and Student under Note #1, Note #2, Note #3, and Note #4 for which they have yet to pay. 17. Plaintiff fulfilled, performed and complied with all obligations and conditions of all Notes. COUNT I DICKINSON COLLEGE v. MARC E. MICKEL & JENNIFER MICKEL BREACH OF CONTRACT 18. Plaintiff hereby incorporates by reference the averments contained in Paragraphs 1 through 17 ofthis Complaint. 19. Marc E. Mickel, and Student breached the expressed and implied obligations, conditions and terms of agreement of Note # 1, Note #2, Note #3 and Note #4 by failing to pay the amounts financed therein. 20. As of May 14, 2003, the principal and interest due and payable by Marc E. Mickel and Student to Plaintiff for Note #1, Note #2, Note #3 and Note #4 was $38,762.91, plus interest in the amount of$5.60 per day. 21. The outstanding balance of$38,762.91 represents the total and actual overdue value of the financing provided to Marc E. Mickel and Student under Note #1, Note #2, Note #3 and Note #4 for which they have yet to pay. WHEREFORE, Plaintiff demands judgment against Defendants, Marc E. Mickel and Jennifer Mickel, in the amount of $38,762.91, plus interest in the amount of $5.60 per day, collection and attorneys' fees in the amount of $4,200.00 and costs of suit. COUNT II DICKINSON COLLEGE v. MARILYN K. SMITH BREACH OF CONTRACT 22. Plaintiff hereby incorporates by reference the averments contained in Paragraphs 1 through 21 of this Complaint. 23. Marilyn K. Smith 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. 24. As of May 14, 2003, the principal and interest due and payable by Marilyn K. Smith to Plaintiff for Note #1 and Note #2 was $19,596.47. 25. The outstanding balance of$19,596.47 represents the total and actual overdue value of the financing provided to Marilyn K. Smith under Note #1 and Note #2 for which she has yet to pay. WHEREFORE, Plaintiff demands judgment against Defendant, MarilynK. Smith, in the amount of$19,596.47, plus interest in the amount of$2.82 per day, collection and attorneys' fees in the amount of$2,100.00 and costs of suit. COUNT III DICKINSON COLLEGE v. JENNIFER MICKEL IN QUANTUM MERUIT 27. Plaintiff hereby incorporates by reference the averments contained in Paragraphs 1 through 26 of this Complaint. 28. Having requested Plaintiff to loan money, and doing so to the benefit of Student, Student became liable to Plaintiff for said money. 28. Student has been unjustly enriched by accepting said money without paying Plaintiff reasonable compensation therefor. 29. The total amount by which Student has become enriched on account of the money loaned is $38,762.91, plus interest in the amount of$5.60 per day. WHEREFORE, Plaintiff demands judgment against Defendant, Jennifer Mickel, in the amount of$38,762.91, plus interest in the amount of$5.60 per day, collection and attorneys' fees in the amount of$4,200.00 and costs of suit. MARTSON DEARDORFF WILLIAMS & OTTO David R. Galloway J.D. No. 87326 Ten East High Street Carlisle, P A 17013-3093 (717) 243-3341 Attorneys for Plaintiff Date: S-/P.3/o3 Exhibit A !Q09-()/ - 0 ^ DICKINSON COLLEGE FLEXIBLE FINANCING SYSTEM _ PLAN B EDUCA TIONAL GOODS AND SERVICES RETAIL INSTALLMENT CONTRACT Date: August 28, 1997 > I. Seller: Dickinson College, Carlisle, Pennsylvania 17013-2896 Buyer(s): Marc E Mickel & Marilyn K. Smith 210 Thompson Hill Road Aliquippa, P A 15001 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 Jennifer Mickel (hereinafter as "Student") during his/her enrollment at Dickinson College during the 1998 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 PERCENT AGE 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 of purchase on yearly rate cost Buyer Dickinson College all scheduled credit, including payments down payment of $17,290.00 9.50% $7,230.72 $10,000.00 $17,230.72 $27,290.00 EXHIBIT "A" Buyer's payment schedule will be as follows: Number of Payments Amount of Payments When Payments are Due 152 $113.36 MontWy commencing 9/28/97 until OS/28/1 O. *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 PERCENT AGE 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 $10,000.00 at 9.50% per annum for 152 months, and the prime rate plus 1~, were increased to 10.50%, your regular montWy payments would increase to $119.21. Further, the ANNUAL PERCENT AGE 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. {ft.. Prepayment: Buyer may prepay the unpaid balance of the Amount Financed and any FINANCE CHARGE due through the date of early payment, in full or in part, without penalty. SEE SECTION VI OF THE CONTRACT BELOW FOR ANY ADDITIONAL INFORMATION ABOUT NON- PAYNIENT, DEFAULT AND REQUIRED REPAYNIENT BEFORE THE SCHEDULED DATE FOR REP A YNIENT OF THE AMOUNT FINANCED. III. ITEMIZATION OF AMOUNT FINANCED 1. Cash price of Goods and Services: $ 27,290.00 2. Total down payment: 17,290.00 3. Unpaid balance of cash price (1 - 2): 10,000.00 4. Amount paid to others on Buyer's behalf: -0- 5. Amount Financed (3 + 4): $10,000.00 ~ IV. CREDIT INSURANCE Credit life insurance for the term of this Contract is not required. V. NO W ARRANllES 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 WRITITN W ARRANn.. VI. ADDITIONAL PROVISIONS l. 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 tirst payment date. Payments must be made to Eduserv Technologies, Inc. at the fCU0;..V~:1g add1"...~5S: Eduserv Technologies, Inc. P.O. Box 64974 St. Paul, MN 55164-0974 "l Buyer's legal righr~ include the right to pay all or part of the amounts due on ell is Contract in advance of their due dates. to obtain a refund or credit of unearned Finance Charge whenever the amount is paid in full :n advance, and (with Seller's consent) to reinsta{e 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 ti.11l0wing: (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, (t) insolvency or bankruptcy of any Buyer. .-t. Upon x after Ule occurrent.e of any E\'e~t of Dd~iUlt, Seller will provide 1311yt'f with notice, by ceni; ied mail as required by law, addressed to Buyer's last known address as shown on Seller's records, advising Buyer of the dt>faulr and of Buyer's right to cure the default. The notice will provide the time, amount ar:d 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 \vhen 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 t~:ercise (If O!1e or more righ~s :;hall not cause Sel!er to Jos..~ any other rights. This Contracr is r.eely assignable by ~-;eiler. Buyer agrees that upon receiving notice of the assignment Buyer shall be obligated to Ihc Assignee of this Contracr, which Assignee shall have ;Ill af Seller's right and remedies. 3 7. I f any part of this Contract is held to be illegal, void or unenforceable, that provision shall be deemed not to have been a part of this Contract, which shall otherwise remain fully effective. 8. APPLICABLE LAW: This Agreement, whenever called upon to be construed, shall be governed by the domestic internal laws of the Commonwealth of Pennsylvania except to the extent supplemented, superseded or preempted by federal law. 9. CONSENT TO JURISDICTION. VENUE AND SERVICE: The parties to this Agreement consent and agree that all legal proceedings relating to the subject matter hereof shall be maintained in the Court of Common Pleas of Cumberland County, Pennsylvania, or, if applicable, the United States District Court of the Middle District of Pennsylvania, and all parties hereto consent and agree that jurisdiction and venue for such proceedings shall lie exclusively within said 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. 1l. TIt/~E IS OF THE Essr""iCE OF THIS CGNTR\CT. 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 LA W, VOU HAVE THE RICHT TO PAYOFF IN ADY ANCE THE FULL AMOUNT DUE AND UNDER CERTAIN CONDlTI0;-.;S TO OBTAIN A PARTIAL REFUND OF THE FINANCE CHARGE. BUYER(S) ACKNOWLEDGE(S) RECEIVING A COMPLETED COPY OF -g:yS CONTRACT AND INTEND(S) TO BE LEGALLY BOUND BY ITS TERMS. ,. . ~/ /~~~~ BUYER(S): //~' ~ ~--- ?...-c/' .....-;; ~I(~"~f( ! ,I\GREE TO REPAY ALL AMOUl',r:s DlJ;~ 0N TI1'lS U)AN !F TYE BOF.f!O\Vf:R(S)/BLJYER{S) FAILS TC DO SO IN ACCORDANCE WITH THE TERMS OF THE NOTE:. ;V( ()/7 , /! (I 'V/ STUDENT COSIGN8< ~ h ::::, . /-. f TR~NSCRlPT OF A STUDENT'S RECORD WILL NOT!uE RELEASED IF LOAN PAYMENTS TO THE COLLEGE ARE IN ARREARS OR DEFAULT. 8. -,.. c"J .' _ :; v-. .", . ,;,.- '-- _ f DICKINSON COLLEGE BY C~_):'r 17// Ie? -- DATE: 4 o q17~()( ~I ~. J~ DICKINSON COLLEGE FLEXIBLE FINANCING SYSTEM - PLAN A EDUCATIONAL GOODS AND SERVICES RETAIL INSTALLMENT CONTRACT August 28, 1997 I. Seller: Dickinson College, Carlisle, Pennsylvania 170 I 3 Buyer(s): Marc E. Mickel & Marilyn K. Smith 2 10 Thompson Hill Rd Aliquippa, PAl 5001 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 Jennifer Mickel (hereinafter "Student") during hislher enrollment at Dickinson College during the 1998 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 PERCENT AGE 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 of all purchase on credit yearly rate cost Buyer Dickinson College scheduled including down payments payment of Prior to repay- ment: I 1.00% 23,290.00 During repay-ment: I I .00% 3095.4 I 4,000.00 7095.4 I 27,290.00 Rev 2/92 EXHIBIT "B" Mickel Buyer's payment schedule will be as follows: Number of Payments Amount of Payments When Payments are Due monthly commencing 9/28/97, and continuing until 04/28/01 or such time as Student is no longer enrolled at 44 $36.67 Dickinson (or in an approved full-time off-campus program of studies), whichever is earlier. monthly commencing OS/28/01 or such time as Student is 72 $76.14 no longer enrolled at Dickinson (or in an approved full- time off-campus program of studies), whichever is earlier. 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 part, without penalty. SEE SECTION VI OF THE CONTRACT BELOW FOR ANY ADDITIONAL INFORMATION ABOUT NON- PAYMENT, DEFAULT AND REQUIRED REPAYMENT BEFORE THE SCHEDULED DATE FOR REP A YMENT OF THE AMOUNT FINANCED. III. ITEMIZATION OF AMOUNT FINANCED 1. Cash price 01:' Goods and Services: $ 27,290.00 2. Total down payment: 23,290.00 3. Unpaid balance of cash price (1 - 2): 4,000.00 4. Amount paid to others on Buyer's behalf: - 0 - 5. Amount Financed (3 + 4): $ 4,000.00 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 I. Buyer agrees to pay Seller the Total Sale Price by making the total down payment and paying Seller the Total of Payments in the number and amount of monthly payments shown in the Payment Schedule. Payments are due on or before the same date of each month as the first payment date. Payments must be made to Eduserv Technologies, Inc. at the following address: Eduserv Technologies, Inc. P.O. Box 64974 St. Paul, MN 55164-0974 2. Buyer's legal rights include the right to pay all or part of the amounts due on this Contract in advance of their due dates, to obtain a refund or credit of unearned Finance Charge whenever the amount is paid in full in advance, and (with Seller's consent) to reinstate the Contract if Buyer timely cures any default. 3. Buyer shall be deemed to have committed an "Event of Default" of the Contract upon the occurrence of any of the following: (a) failure to make any payment on or before the date it is due, (b) failure to make a payment on any other Contract outstanding with Seller, (c) failure to perform any other provision of the Contract, (d) providing Seller with false information or signatures, (e) death, incompetence, or conviction of any Buyer of crime involving fraud or dishonesty, (t) 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 oaid 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 rights and remedies. 7. If any part of this Contract is held to be illegal, void or unenforceable, that provision shall be deemed not to have been a part of this Contract, which shall otherwise remain fully effective. 8. APPLICABLE LA W: 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 . 3 9. CONSENT TO JURISDICTION. VENUE AND SERVICE: The parties to this Agreement consent and agree that all legal proceedings relating to the subject matter hereof shall be maintained in the Court of Common Pleas of Cumberland County, Pennsylvania, or, if applicable, the United States District Court of the Middle District of Pennsylvania, and all parties hereto consent and agree that jurisdiction and venue for such proceedings shall lie exclusively within said court. Service of process in any such proceeding may be made by certified mail, return receipt requested, directed to the respective party at the address set forth above. 10. This Contract shall be binding upon the parties hereto, their heirs, successors, assigns and legal representatives. II. 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 PAYOFF 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 BE LEG ALL Y BOUND BY ITS TERMS. ~ -~~ IL~--tZ. J BUYER(S): Y OF THIS CONTRACT AND INTEND(S) TO I AGREE TO REPAY ALL AMOUNTS DUE ON THIS LOAN IF THE BQOWER(S)/BUYER(S) FAILS TO OOSOIN ACCORDANCE WITH THE TERMS OF THE NOTE: STUDENT COSIG~ 0' . ',I / TRANSCRI TS OF A STUDENT'S R CORD WILL NOT BE RELEASED IF LOAN PA MF,NTS TO THE COLLEGE '\RE IN ARREARS OR DEFAULT. DATE: DICKINSON COLLEGE 8-28-91 BY -<- "..t., U:) )-~?-.j-^((!...~, / '-' / 4 Exhibit C 1>(; 'J ~~C:J- eLl ;~o 00 n'! .~ I' .'nOB . . ' ... ~ t ~~ ,-,1 11\1 i \; 1'. ,.~ J, r.1v".] .,1.../ DICKINSON COLLEGE FLEXIBLE FINANCING SYSTEM - PLAN A EDUCATIONAL GOODS AND SERVICES RETAIL INSTALLMENT CONTRACT November 6, 1998 1. Seller: Dickinson College, Carlisle, Pennsylvania 17013 Buyer(s): Marc E. Mickel 210 Thompson Hill Road Aliquippa, PA 15001 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 Jennifer Mickel (hereinafter "Student") during hislher 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 AN~UAL FINANCE AMOUNT TOTAL OF TOTAL SALE PERCENT AGE 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 of all purchase on credit yearly rate cost Buyer Dickinson College scheduled including down payments payment of Prior to repayment: 11.00% $24,630.00 During repayment: 11.00% $2655.41 $4,000.00 $6655.41 $28,630.00 Rev 2/92 EXHIBIT "e" Mickel Buyer's payment schedule will be as follows: Number of Payments Amount of Payments When Payments are Due monthly commencing 11/28/98, and continuing until 04/28/01 or such time as Student is no longer enrolled at 32 $36.67 Dickinson (or in an approved full-time off-campus program of studies), whichever is earlier. monthly commencing OS/28/01 or such time as Student 72 $76.14 is no longer enrolled at Dickinson (or in an approved full- time off-campus program of studies), whichever is earlier. Late charge: 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 part, without penalty. SEE SECTION VI OF THE CONTRACT BELOW FOR ANY ADDITIONAL INFORMATION ABOUT NON- PAYMENT, DEF AUL T AND REQUIRED REP A YMENT BEFORE THE SCHEDULED DATE FOR REPA YMENT OF THE AMOUNT FINANCED. III. ITEMIZATION OF AMOUNT FINANCED 1. Cash price of Goods and Services: $ 28,630.00 2. Total down payment: 24,630.00 3. Unpaid balance of cash price (1 - 2): 4,000.00 4. Amount paid to others on Buyer's behalf: - 0 - 5. Amount Financed (3 + 4): $ 4,000.00 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 GIVE N A SEPARATE WRITTEN WARRANTY. VI. ADDITIONAL PROVISIONS 1. Buyer agrees to pay Seller the Total Sale Price by making the total down payment and paying Seller the Total of Payments in the number and amount of monthly payments shown in the Payment Schedule. Payments are due on or before the same date of each month as the first payment date. Payments must be made to 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, (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 :morney'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 rights and remedies. 7. If any part of this Contract is held to be illegal, void or unenforceable, that provision shall be deemed not to have been a part of this Contract, which shall otherwise remain fully effective. 8. APPLICABLE LA W: This Agreement, whenever called upon to be construed, shall be governed by the domestic internal laws 3 of the Commonwealth of Pennsylvania except to the extent supplemented, superseded or preempted by federal law. 9. CONSENT TO JURISDICTION. VENUE AND SERVICE: The parties to this Agreement consent and agree that all legal proceedings relating to the subject matter hereof shall be maintained in the Court of Common Pleas of Cumberland County, Pennsylvania, or, if applicable, the United States District Court of the Middle District of Pennsylvania, and all parties hereto consent and agree that jurisdiction and venue for such proceedings shall lie exclusively within said court. Service of process in any such proceeding may be made by certified mail, return receipt requested, directed to the respective party at the address set forth above. 10. This Contract shall be binding upon the parties hereto, their heirs, successors, assigns and legal representatives. II. TIME IS OF THE ESSENCE OF THIS CONTRACT. NOTICE: ANY HOLDER OF THIS CONSUMER CREDIT CONTRACT IS SUBJECT TO ALL CLAIMS AND DEFENSES WIDe H 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 PAYOFF IN ADVANCE THE FULL AMOUNT DUE AND UNDER CERTAIN CONDITIONS TO OBTAIN A PARTIAL REFUND OF THE FINANCE CHARGE. BUYER(S) ACKNOWLE~F THIS CONTRACT AND INTEND(S) TO BE LEGALLY BOUND BY ITS TERMS. BUYER(S): I AGREE TO REPAY ALL AMOUNTS DUE ON THIS N IF THE BORROWER(S)/BUYER(S) FAILS TO DO SO IN ACCORDANCE WITH THE TERMS OF THE ~ TE: STUDENT COSIG~ER= "'\ ~~ ~'. _ TRANSCRIPTS OF A STUDENT'S RE CORD WILL NOT BE RELEASED IF LOAN PAYMENTS TO THE COLLEGE ARE IN ARREARS OR DEFAULT. DATE: DICKINSON COLLEGE ///t/ff / / ~ "- .-'~_." '-j.- ~-,...." BY 4 Exhibit D Ir, I~' :~'"! /'.' / '-:.... / - v) :} r~" i . ",! \"\~..; v ..i. P-.J .' . ',1 \.:J:j u DICKINSON COLLEGE FLEXIBLE FINANCING SYSTEM - PLAN B EDUCATIONAL GOODS AND SERVICES RETAIL INSTALLMENT CONTRACT November 6, 1998 I. Seller: Dickinson College, Carlisle, Pennsylvania 17013-2896 Buyer(s): Marc E. Mickel 210 Thompson Hill Road Aliquippa, P A 15001 Ifthere 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 Jennifer Mickel (hereinafter "Student") during hislher 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: RA TE: * 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 $ 18,630.00 9.50% $ 6,580.20 $ 10,000.00 $ 16,580.20 $ 28,630.00 Rev 2/92 EXHIBIT "D" Mickel Buyer's payment schedule will be as follows: Number of Payments Amount of Payments When Payments are Due 140 $ 118.43 Monthly commencing 11/28/98 until 07/28/10 *Variable Rate: Late Charge: Prepayment: 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 $10,000.00 at 9.50% per annum for 140 months and the prime rate plus 1% were increased to 10.50%, your regular monthly payments would increase to $124.17. 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. 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- PA YMENT, DEFAULT AND REQUIRED REPAYMENT BEFORE THE SCHEDULED DATE FOR REP A YMENT OF THE AMOUNT FINANCED. 1. III. ITEr..'1IZA TION OF AMOlJNT FINANCED Cash price of Goods and Services: 28,630.00 2. $ Total down payment: 18,630.00 ... j. Unpaid balance of cash price (1 - 2): 10,000.00 4. Amount paid to others on Buyer's behalf: - 0 - 5. Amount Financed (3 + 4): 10,000.00 $ 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 WRIITEN WARRANTY. VI. ADDITIONAL PROVISIONS 1. Buyer agrees to pay Seller the Total Sale Price by making the total down payment and paying Seller the Total of Payments in the number and amount of monthly payments shown in the Payment Schedule. Payments are due on or before the same date of each month as the fIrst payment date. Payments must be made to Eduserv Technologies, Inc. at the following address: EFG P.O. Box 1810 Winston Salem NC 27102-1810 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, (t) 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. 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. APPLICABLE LA W: 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 illRISDICTION. 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. II. 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: (l) 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 LA W, YOU HAVE THE RIGHT TO PA Y OFF IN ADVANCE THE FULL AMOUNT DUE AND UNDER CERTAIN CONDITIONS TO OBTAIN A PARTIAL REFUND OF THE FINANCE CHARGE. BUYER(S) ACKNOWLED~F TInS CONlRACT AND lNTEND(S) TO BE LEGALLY BOUND BY rTS TERMS. BUYER(S): I AGREE TO REPA Y ALL AMOUNTS DUE ON THIS LOAN IF THE BORROWER(S)/BUYER(S) FAILS TO DO SO IN ACCORDANCE WITH THE TERMS O~j N~TE; ~ Q 1 STUDENT COSIGNER~ S 1..-.), V Q _ TRANSCRlPT OF A STUDENT'S RECORD WILL NOT BE RELEASED IF LOAN PAYMENTS TO TIlE COLLEGE ARE IN ARREARS OR DEFAULT. DATE: J I / Ip / q f I I DICKINSON COLLEGE ~, ~Jy~~ ...e.-- BY I .~- 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, infOlmation and belief To the extent that the content of this Complaint is that of counsel, I helve relied upon counsel in making this Verification. This statement and Verification are made subject to the penalties of 18 Pa. C.S. S 4904 relating to unsworn falsification to authorities, which provides that in knowingly make false averments, I may be subject to criminal penalties. Dickinson College Thomas Meyer Assistant Tre urer of Dickinson College L~- Dated: SP3/t;.3 F:IFILESIDA T AFILEIDickinson College 76191DickinsonCollegeCollections76I 90Documentsl 160.coml tr ~ ~9-c,~ ~ = -# ~ 0- It ~'s. .~~~ " v, c::::.rc _ ~(" --.I IN 0 i= ~,-' "^ $ ~L~.' ~J z ().) =< r~ ~ " ~ t --';, r-, - .,;,) ;r.~... "J C) Ji"n --~ -~ - o E ~ SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2003-02477 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DICKINSON COLLEGE VS MICKEL MARC E ET AL 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: MICKEL MARC E but was unable to locate Him in his bailiwick. He therefore deputized the sheriff of BEAVER County, Pennsylvania, to serve the within COMPLAINT & NOTICE On July 1st , 2003 , this office was in receipt of the attached return from BEAVER Sheriff's Costs: Docketing Out of County Surcharge Dep Beaver County 18.00 9.00 10.00 50.00 .00 87.00 07/01/2003 MDW&O so~nsw~er.s:. ._~/'-7.'..........._/c,",:",:.........._.. .2_--~:.'."..'."'.'" .~. :~.~ .. R. Thomas Kline . Sheriff of Cumberland County Sworn and subscribed to before me this 7.!:! day of (}"y ~3 A.D. (I. 'V. f2 ~ Jn7:". ~ prothonotaryn TT SHERIFF'S RETURN - NOT FOUND CASE NO: 2003-02477 T COMMONTWEALTH OF PENNSYLVANIA COUNTY OF BEAVER DICKINSON COLLEGE VS MARC E MICKEL ET AL RALPH RAMANNA JR , Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT , to wit: MICKEL MARC E ET AL but was unable to locate Him in his bailiwick. He therefore returns the NOTICE & COMPLAINT the within named DEFENDANT NOT FOUND , as to , MICKEL MARC E ET AL 210 THOMPSON HILL ROAD ALIQUIPPA, PA 15001 DEFT. NOT SERVED AT 210 THOMPSON HILL RD ALIQUIPPA PA MOVED PER BROTHER (SOMEWHERE IN CALIFORNIA) ::;0 answers: Sheriff's Costs: Docketing Service Affidavit Surcharge .00 50.00 .00 .00 .00 :,u.uu J:o'elix A. lJeluca, eJr., ::;heritf By: lJeputy ATTORNEY 05/30/2003 Sworn and subscribed to before me this '~'\~ day Of~\.)..~ ~ A.D. \ ~\-\~ ~~~~~,~ ::;heriff NOTARIAL SEAL LUCILLE M. WYTIAZ, NOTARY PUBLIC BOROUGH OF BEAVER, BEAVER COUNTY MY COMMISSION EXPIRES JANUARY 15, 2007 In The Court of Common Pleas of Cumberland County, Pennsylvania Dickin$on College VS. Marc E. Mickel SERVE: Marc E. Mickel No. 03-2477 civil Now, May 28. 2003 ,I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Beaver County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. r~e~<..~..f> Sheriff of Cumberland County, PA Affidavit of Service Now, , 20--.' at 0' clock M. served the within upon ( 'J at -) ~""} ) C) ~~~ F~~ ,C') (j~ C:l -c' ~~r'rl -:-iD by handing to "J '.':;-' - /.-) a copy of the original :~Jl ~...-l :-11 and made known to the contents thereof. So answers, Sheriff of County. PA Sworn and subscribed before methis_dayof ,20_ COSTS SERVICE MILEAGE AFFIDAVIT $ $ SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2003-02477 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DICKINSON COLLEGE VS MICKEL MARC E ET AL 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: SMITH MARILYN K but was unable to locate Her in his bailiwick. He therefore deputized the sheriff of ALLEGHENY County, Pennsylvania, to serve the within COMPLAINT & NOTICE On July 1st , 2003 , this office was in receipt of the attached return from ALLEGHENY Sheriff's Costs: Docketing Out of County Surcharge Dep Allegheny Co Notary 6.00 9.00 10.00 50.00 3.00 78.00 07/01/2003 MDW&O So answers'~.-? /~ ~:?-~ ~?5 -;;<::--- /':::_~_/ - r;..~ _--z::--.'-'=-?, R. Thomas Kline Sheriff of Cumberland County Sworn and subscribed to before me this <,~ day Of~Jt )-wj A.D. (\ A-<...- 0 IHJ~e.t... ~;;;: '- H Prothonotary-'-I' (~\ 'Z-~=~ 1_12- . b( "\: 'l'~:::'" \ ~FI\A ,/. I I ~ '" . . . i"-- CerJt6JALlM In The ~o~/t of Common Pleas of Cumberland County, Pennsylvania Dickinson College VS. Marc E. Mickel et al Marilyn K. Smith N .S)~ ~ ~ o. 03-2477 civil ~"-t ~ \s.:I~ . s\'d-Il '~---- May 28, 2003 , !, SHERIFF OF CUMBERLAND COUNTY, P A, do hereby deputize the Sheriff of Allegheny County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. .~~ed<:4~ Sheriff of Cumberland County, PA Now, Affidavit of Service Co\ b(b~ ,20_, at ~ ~ e'c1ock -t- M. served the within upon at by handing to M~R.l LL-( ~ ~vU{ t=Hs-- a copy of the original and made known to .e ,'€..,. Sheriff of County, PA So answers, COSTS SERVICE MILEAGE APfIDA T Notarial Seal bl' O'B . NotarY Po Ie ~hc;Hu. ~. b ~cnA1\egbeny County ~itt:~~~~~o~gExPires June 19. 2~ Y . ".~lallonotNotanes Member,Pennsylvani8~ $ Sworn and subscribed before me this da of JUN 1 6, ~ 3. c.D $53~cO F:\FILES\DA T AFILE\Dickinson College 7619\DickinsonCollegeColleclions7619C\Documellls1160,prallcny Create\:! 71281031149AM Revised: 7IJO/03JI1PM 7619C160 DICKINSON COLLEGE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 03-2477 CIVIL ACTION-LAW MARC E. MICKEL, MARILYN K. SMITH & JENNIFER MICKEL Defendants JURY TRIAL OF TWELVE DEMANDED PRAECIPE TO THE PROTHONOTARY: Enter default judgment in the above-captioned action in favor of Plaintiff and against Defendant Marilyn K. Smith in the amount of$19,596.47 plus interest from May 14, 2003, in the amount of$217.14 and attorneys' fees in the amount of$2,100.00 for a total of $21,913.61, plus costs of suit and interest of $2.82 accruing hereafter for Defendants' 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, DEARDORFF, WILLIAMS & OTTO ~ \ > David R. Galloway, Esquire I. D. Number 87326 Ten East High Street Carlisle, PA l70l3 \. (717) 243-334l Attorneys for Plaintiff Dated: July 30, 2003 DICKINSON COLLEGE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 03-2477 CIVIL ACTION-LAW MARC E. MICKEL, MARILYN K. SMITH & JENNIFER MICKEL Defendants JURY TRIAL OF TWELVE DEMANDED TO: MARILYN K. SMITH, Defendant NOTICE OF ENTRY OF DEFAULT JUDGMENT You are hereby notified that on July 30, 2003, the following Judgment was entered against you in the above-captioned case: in the amount of$19,596.47 plus interest from May 14, 2003, in the amount of$217.14 and attorneys' fees in the amount of$2,100.00 for a total of$21,913.61, plus costs of suit and interest of $2. 82 accruing hereafter for Defendant's failure to file an Answer to the Complaint. Date: h 31,J0d3 k'1 ~ /{.oIdh! Prothonotary (/ I hereby certify that the name and address of the proper person to receive this notice under Pa. R. Civ. P. 236 is: Ms. Marilyn K. Smith 518 Grove Street Sewickley, PA 15143 ~ ~ ~-~ \,:,::=::J (? t~ ',,':::-::>J F: \F1LE$IDA T AFILEIDickinson College 7619\DickinsonCollegeCollections761 ')C\Document,', 160,defuot 1 Jeny Created: 7/1\1032:04PM Revised 7/11/032:07PM 7619C.160 DICKINSON COLLEGE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 03-2477 CNIL ACTION-LAW MARC E. MICKEL, MARILYN K. SMITH & JENNIFER MICKEL Defendants JURY TRIAL OF TWELVE DEMANDED TO: MARILYN K. SMITH, 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 YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAYBE 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 Date: 7/t / /g3 By David R alloway, Esquire 1. D. Number 87326 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAil, DOES NOT PROVIDE FOR INSURANCE - POSTMASTER Receive2. From: ') , .~;/ _iZ~/../' L.' b>U<<d K. YI.Ju!.t Ck'-d.j' Gp"<-> 0' \,'1:-t c;d;4~ ~d {'~~/rJ4 /7&/~ One piece of ordinary mail addressed to: '-JlJd-'f1:' k kittl 5/t Y/tPJ~ diru:t J/.l/..(I{ddey I;JA ISN3 7&I'lC .rt,O PS Form 3817, Mar. 1989 c ~~ "'. illLC ~c::J N c c c <> HI ~ ....... ...."'..:. ;J:lt: ~... .. III -C'O" '~'" c.:.... M c: :Dl""" ""'_i",,~ O"'-'--.j......D C....b.O(l)-......" z. --roo -l'(.v1Tl V) c -< (.0) ." :::c ;p '" en 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, P A, first class mail, postage prepaid, addressed as follows: Ms. Marilyn K. Smith 518 Grove Street Sewickley, PA 15143 MARTSON DEARDORFF WILLIAMS & OTTO /) # .:..L. . \A ;rr By (, '~IL '( . Christina N. Yost Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: July 30, 2003 () c.=: L (-':~ < ~== ~ 0 -of -:4) f11[ 'JV Z' 7\ zr: :...) - 'lZI:: 1ic. en. - ~ -< " '" !;~C ~ - -- ~ :€l ~ -'" ? ~i Co --0 c .. ~ ......... '-., <Jt ~ 0:: ~ ~, c;- O r. ~ 1- 0 ~ F) '- '*' '--" () '11 :;~l i r~:'- , r~-i -'T (',I .; ;' ~ ~i F:\FILES\DA T AFILE\Dickinson College 7619\DickinsonCol1egeCollections7619C\Documents\ 160. pra2/cny Crcated2/2J1039:16:29AM Revised:915103229:20PM 7619C.61 DICKINSON COLLEGE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 03-2477 CIVIL ACTION-LAW MARC E. MICKEL, MARILYN K. SMITH & JENNIFER MICKEL Defendants JURY TRIAL OF TWELVE DEMANDED PRAECIPE Please reinstate the attached Complaint to be served upon Marc E. Mickel and return to below signed for service. By avid R. Gallowa , I. D. Number 87326 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Date: September 5, 2003 Attorneys for Plaintiff 0 c:> 0 C (...) '" :;;:: U) 1.J(Jj c.'1 fTlrrr --0 ZCi I .z 5: , .. (j~ co (J_'.I -, ~t: u -r..' :E':.- ::+l: , CJ L.;' N 1'"\'1 ~,. ~:::l ~; ...-::. .,.. ::D -~ .< .-J -< F:\FILES\DATAFILElDickinson College 7619\DickinsonCol1egeCollections7619C\DocumentsI160.pra3/mai Created: 2/2]/039:16:29 AM Revised 11/141033:31:33 PM 7619C61 DICKINSON COLLEGE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 03-2477 CIVIL ACTION-LAW MARC E. MICKEL, MARILYN K. SMITH & JENNIFER MICKEL Defendants JURY TRIAL OF TWELVE DEMANDED PRAECIPE Please reinstate the attached Complaint to be served upon Marc E. Mickel and return to below signed for service. B David R. Galloway, I. D. Number 87326 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Date: November 17, 2003 Attorneys for Plaintiff (') e. n C (..c> - n ~ ~ -or::. ;'.::l mf:' ~'<:: Z:i --;11" ~.~ w;_~ _J -</ !2' -0 ~(~ ~- ....10 )>c :...:> ) c..~ :.-1 -, :~3 =< => -< SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2003-02477 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DICKINSON COLLEGE VS MICKEL MARC E ET AL 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: MICKEL MARC E but was unable to locate Him in his bailiwick. He therefore deputized the sheriff of BEAVER County, Pennsylvania, to serve the within COMPLAINT & NOTICE On December 8th, 2003 , this office was in receipt of the attached return from BEAVER Sheriff's Costs: Docketing Out of County Surcharge Dep Beaver County 18.00 9.00 10.00 66.00 .00 103.00 12/08/2003 MDW&O So answe~ .' "7 ~,,,,,"'-..? ~- ,..-..// .----,- -- .~,,/ ~~>-- .>,- . --- ~;;'..-...,; K. Thomas Kline Sheriff of Cumberland County Sworn and subscribed to before me this ~ day of ~~ )0\)3 A.D. \.. \....f'..<..--C'L ~ .<. 'Il Prothonotary ,~ SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2003-02477 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DICKINSON COLLEGE VS MICKEL MARC E ET AL 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: MICKEL JENNIFER but was unable to locate Her in his bailiwick. He therefore deputized the sheriff of BEAVER County, Pennsylvania, to serve the within COMPLAINT & NOTICE On December 8th, 2003 , this office was in receipt of the attached return from BEAVER Sheriff's Costs: Docketing Out of County Surcharge 6.00 .00 10.00 .00 .00 16.00 12/08/2003 MDW&O ../ So answers :.. - ..... -~,-,*..;_:-~:--~',,-~'::"-~:"--"'--::~~~~::'.:''':'''' .'- ," ,- .~....~~....~.;;~ R. Thomas Kline (/ Sheriff of Cumberland County // Sworn and subscribed to before me day of 'lQ..<.<.~ this q'E:: ;Ltro .3 ~v- A.D. Q.~~. ProtHonotary In The Court of Common Pleas of Cumberland County, Pennsylvania Dickinson College VS. Marc E. Mickel et al SERVE: Marc E. Mickel No. 03-2477 civil No November 21, 2003 w, ,I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputi'ze the Sheriff of Beaver County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. .~~ed<?,::~ ~ ~ Sheriff of Curnberland Cotfitjy, PA5 ;JJ;JJ .::v <:: =Ti m n N -"n o U1 .f'T1 C Ul- Z )> 0;;; Affidavit of Service ~ ~ '=' .. - 'U ~ n ):> ~ f'T1 Now, ,20_, at o'clock 'M. se~ed the within upon at by handing to a copy of the original and made known to the contents thereof. So answers, Sheriff of County, P A Sworn and subscribed before methis_dayof ,20_ COSTS SERVICE MILEAGE AFFIDAVIT $ $ SHERIFF'S RETURN - NOT FOUND CASE NO: 2003-02477 T COMMONTWEALTH OF PENNSYLVANIA COUNTY OF BEAVER DICKINSON COLLEGE VS MARC E MICKEL ET AL RALPH RAMANNA JR , Deputy Sheriff, according to law, says, that he made a diligent the within named DEFENDANT , to wit: MICKEL MARC E ET AL who being duly sworn search and inquiry for but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT, REINSTATED the within named DEFENDANT , NOT FOUND , as to . MICKEL MARC E ET AL 210 THOMPSON HILL RD WEST VA t terrJ_ ill ~ ~ .00 ~~ A. ueluca, ~eriff 66.00 ...., :88 By: ~~n .. .00 p" bb.UU eputy ~heriff ATTORNEY 11/25/2003 Sworn and ~ubscribed to before me this (),.."" day ~f~SSL""'~I ~~~ A.D. \, ~ "'~.~. ~~ ~"'-y "'--..\::::, . ~ Notary <:::;, 210 THOMPSON HILL ROAD ALIQUIPPA, PA 15001 DEFT. DOES NOT LIVE AT ALIQUIPPA PA MOVED TO Sheriff's Costs: Docketing Service Affidavit Surcharge r--~-';"'-"':::::=.'~~:: \ \ .,....,... 't' .1"'..,\ t. ',," ,_ I",. '. . ~ BO;~C~j,.:-'i ': '., MY COM;\rl;S:~'\;~>;'~ ':'~:J:;'" ',.'f':;(:,t1C ",.~ .... . ..... "007 -, "';,'-.,:-~\' ib, t.. In The Court of Common Pleas of Cumberland County, Pennsylvania Dickinson College VS. Marc E. Mickel et al SERVE: Jennifer S. Mickel NO. 03-2477 civil Now November 21, 2003 , , I, SHERIFF OF CUMBERLAND COUNTY, P A, do hereby deputize the Sheriff of Beaver. County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. ~~?'._"" '~~:A .r ~ ~. ...,~~~ ~"r _...~...:~..... Sheriff of Cumberland County, PA Now, . ,20_, at o'clock c:., ;-:~i ~ en ....,:; ~ .:J: ,.,.., :--= ,.,.., -1VI. s~ed tii'2::o \,) l'\J ~rr; o <J1 ""rJ C') ~ vi!:') -, J>. Q< -<: ::::: ~{;] :;:2 ~ 2i I\.) ,.,.., Affidavit of Service within upon at by handing to a copy of the original and made known to the contents thereof. So answers, Sheriff of County, PA Sworn and subscribed before me this_day of ,20_ COSTS SERVICE I\.1ILEAGE AFFIDA VII $ $ SHERIFF'S RETURN - NOT FOUND CASE NO: 2003-02477 T COMMONTWEALTH OF PENNSYLVANIA COUNTY OF BEAVER DICKINSON COLLEGE VS MARC E MICKEL ET AL RALPH RAMANNA JR , Deputy Sheriff, says, that he made a diligent who being duly sworn search and inquiry for according to law, the within named DEFENDANT , to wit: MICKEL JENNIFER S ET AL but was unable to locate Her in his bailiwick. He therefore returns the COMPLAINT, REINSTATED , NOT FOUND , as to the within named DEFENDANT , MICKEL JENNIFER S ET AL 210 THOMPSON HILL RD ALIQUIPPA, PA 15001 DEFT. DOES NOT LIVE AT 210 THOMPSON HILL RD ALIQUIPPA PA LIVES IN EUR~'E /~o ar;.EjwerF\l ,p /1 ! ~,</~"":-"i'~~. ct... ,,.: ---~:~i. Il\.,L..~:<;;'-.- l-~"""\ .00 . ~'elix A. ueluca, ur., ::;her:i.,ff .00 .' .... .:l : gg By :'~frj... ~4.,.."",~ .~'- <' .00 Y if .uu ueputy ::;heriff 00/00/0000 Sworn a~~ubscribed to before me this 0.. day of .~ ,,""\;;.J.... ~-=>, A.D. \, \ \.\..~-~~~ ~~\~, '.J '\ Sheriff's Costs: Docketing Service Affidavit Surcharge , ! 1"'1" I;~. .,~:..;,_ ,-~.- F: \FlLES\DA T AFILEIDickinson College 7619\DickinsonCollegeCollections7619CICurrent\ 160. pra6/mai Crealed:2/21/039:16:29AM . . Revised: 3/151044:34:45 PM 7619C.61 DICKlNSON COLLEGE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO, 03-2477 CNIL ACTION-LAW MARC E. MICKEL, MARlL YN K. SMITH & JENNIFER MICKEL Defendants JURY TRIAL OF TWELVE DEMANDED PRAECIPE Please reinstate the attached Complaint to be served upon Marc E. Mickel and retum to below signed for service, MARTSON DEARDOREF WILLIAMS & OTTO By David R. Galloway, 1. D. Number 87326 Ten East High Street Carlisle, P A 17013 (717) 243-3341 Date: March 15, 2004 Attorneys for Plaintiff ,..., B ;;;:- -..- :::~.:. ~;n -- 0..... S1\ .... ,.::r::-n ~"n {~,c "'(lf~ ~()~;~ :c~ .~~ "~:.\ - ",. ~':... 0' Fe \FILES\DA T AFILE\Dickinson College 76] 9\DickinsonColJegeColleclions76 J 9C\Current\ 160. pra5tde Created,2/21/039:1629AM Revised 3/151044:30 58 PM 7619C.61 DICKINSON COLLEGE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 03-2477 CNIL ACTION-LAW MARC E. MICKEL, MARILYN K. SMITH & JENNIFER MICKEL Defendants JURY TRIAL OF TWELVE DEMANDED PRAECIPE Please reinstate the attached Complaint to be served upon Jennifer Mickel and return to below signed for service. MARTS ON DEARDORFF WILLIAMS & OTTO By David R. Gallo I. D. Number 87326 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Date: March 15,2004 Attorneys for Plaintiff ,......) = 0 = 'Tl .=- ~":: ..... -':}"" X"'"'Tl :-.oJ rnp -0 In -.Dr' 0') (") l' ::-J\? -,' , Z:-';=i :T.~.' ,0::.. C) r;..) (~.5 ell .1 <..11 " r" -~ SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2003-02477 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DICKINSON COLLEGE VS MICKEL MARC E ET AL 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: MICKEL MARC E but was unable to locate Him in his bailiwick. He therefore deputized the sheriff of ALLEGHENY County, Pennsylvania, to serve the within COMPLAINT & NOTICE On May lOth , 2004 , this office was in receipt of the attached return from ALLEGHENY Sheriff's Costs: Docketing Out of County Surcharge Dep Allegheny Co Notary 18.00 9.00 10.00 50.00 3.00 90.00 05/10/2004 MDW&O S~~~~._-~ R. Thomas Kline ~ Sheriff of Cumberland County Sworn and subscribed to before me this 1/ ~ day of 11-r- OlD. '?" A.D. -i-- (. t.;,., ?YJrT.lJ...- -'VJ - ~, " ~ {I . Prothonota~ r ;z r . r I) l ,)64 S-S'z_z- D"2. ~b . "-UJ\,, i\.l ~ "Of'\. r:.../ In The'Court of Common Pleas of Cumberland County, P~sylvania Dickinson College t J)ll /).J) . vs. v/[ ~/_ Marc E. Mickel . ~~~ry~ No. 03.''''dvil A --' March 19, 2004 l Now, , I, SHERIFF OF CUMBERLAND COUNTY, P A, do hereby deputize the Sheriff of Allegheny County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. .../?./~' ~~,..~~~~ Sheriff of Cumherland County, PA Now, ~l~ Affidavit of Service ,20~at SLo O'c1ock~M. served the within upon : h,"dJn~ ~JlLL VlA~ LLj~ ~ bQ~~j:.u- a copy of the original and made known to Sheriff of County, PA Sworn and subscribed b9fp~ 3 0 7004 me this day of , 2(5 - - COSTS SERVlCE MILEAGE ~,-L ~ ~~ AFFIDAVIT l Nolarial Seal \ Sheila R. O'Brien, Notary Public . City of Pittsburgh, Allegheny CoOnty My Commission Ex.pires June 19. 2004 Member, PennsylvaniaAssociatlon of Notaries $ $ FIFILES\DATAFILEIDiok\moo Coli", 7619ID\'k\","COII"'COII'''\Om76loaC""~'''60.P''7/_0Im Created,2i211039:1629AM Revised8/J61048:40:25AM 7619C61 DICKINSON COLLEGE, Plaintiff v. IN THE COLRT OF COMMON PLEAS OF CUMBERLAND COUNTy, PENNSYL VANIA MARC E. MICKEL, MARILYN K. SMITH & JENNIFER MICKEL Defendants NO. 03-2477 CNIL ACTION-LAW JURy TRIAL OF TWELVE DEMANDED PRAECIPE Please reinstate the attached Complaint to be served upon Marc E. Mickel and return to below signed for service. Date: August 16, 2004 By David R. Galloway, Esq I. D. Number 87326 Ten East High Street Carlisle, P A 17013 (717) 243-3341 WILLIAMS & OTTO Attorneys for Plaintiff ~) (""';. .-n cr- Cfj CT\ (.r, F: \FILESIDA T AFILE\Dickinson College 7619\DickinsonCollegeCollections76 I 9ClCurrenl\ 160 ,pra8/mailnlm Created: 2121/039 16:29 AM Revised: 8/16/048:40:55 AM 7619C.61 DICKINSON COLLEGE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 03-2477 CNIL ACTION-LAW MARC E. MICKEL, MARILYN K. SMITH & JENNIFER MICKEL Defendants JURY TRIAL OF TWELVE DEMANDED PRAECIPE Please reinstate the attached Complaint to be served upon J eilllifer Mickel and return to below signed for service. MARTSON By < David R. Galloway, 1. D. Number 87326 Ten East High Street Carlisle, P A 17013 (717) 243-3341 Date: August 16, 2004 Attorneys for Plaintiff ~-=-) ..." c,:;';l C:::') C\ :!:'" C) ()"l -..l F:IFILES\DA TAFILEIDickinson College 7619IDickinsonCollegeCollections7619C\CurrentI160affi/nlm Created: 8/23/04 11:39AM Revised: 8/26/04 0:02PM 7619C61 DICKINSON COLLEGE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 03-2477 CNIL ACTION-LAW MARC E. MICKEL, MARILYN K. SMITH & JENNIFER S. MICKEL Defendant JURY TRIAL OF TWELVE DEMANDED AFFIDAVIT OF DUE DILIGENCE I, David R. Galloway, Esquire, being duly sworn according to law upon my oath, depose and say, that I am at least 18 years of age. I hereby certify and return that diligent attempts were made to serve the Complaint on the above Defendant by mailing the Complaint, via Certified Mail, Restricted Delivery, to Ms. Jennifer Mickel at her last known address: 929 71st Street, B4, Brooklyn, NY 11228. That Complaint was returned to me marked Addressee Unknown on March 22, 2004. I certify that the foregoing statements made by me are true and correct. I am aware that if any of the foregoing statements made by me are willfully false . ect to punishment. ,2004. NOTARIAL SEAL TRICIA D. ECKENROAD, NOUl Carlisle Boro.. Cumbellalld ' M Commission Exuires Oct. "-~~~~ ~ g ;,H ~ ;:-1 ;:-:~.~ ~s :~ E -I.~ tJ C3 j C ~ ~ .....:...: 'Tr ~ ;:: ,.. :;: I::: " i'~ ;-, 111'" .. J....:. \:," iO.''''' r .__I'"'J~' =! . ~. \. f'" " [% ;'.'...... " . ,. ,~ 'j t jV : \'" ~."'I"" .0-.. --' 0 0 w .... 0 .... ~ 0 ~ ~ rn 0 0 ~ () 0 0 .... {'? "n C" r-:;. .... d .... C:.', ,...: .J "" C . --' "'\ c:. ,1 ~ ru ..- 0 --' --' \"' -- ^".'~. ... j~' I i ~__~: i 1,'"- i ~-. I','.' I'" )..:'" *~';,<',n ~. //' " 'fl' . -I I," ..-~: , ." '.:',1" _-,_J\'f I" )' . ":/'1 \.1.. ",,' ;:ZI /-,! ';', .I,t;., CERTIFICATE OF SERVICE I, Nichole L. Myers, an authorized agent of Martson Deardorff Williams & Otto, hereby certify that a copy oftbe foregoing Affidavit of Due Diligence was served this date by depositing same in the Post Office at Carlisle, P A, first class mail, postage: prepaid, addressed as follows: Ms. Marilyn K. Smith 518 Grove Street Sewickley, PA 15143-1233 MARTS ON DEARDORFF WILLIAMS & OTTO By N;ihof~~ ~r Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: August 26, 2004 r-> 1S J:'" ~ .., ...., C1' ~ -u\:P tUg) .- . (hr:;,. ~t~i ZC ~O rC- ~ ~ ..... :;J:;..,., r\1 r:: ~~ ;;--1.... :J: ...., O'M ~ ;!;:: -!t -0 :;1: ~ o r:P F:\FlLESIDATAFILE\Dickinson CoUege 7619\DickinsonCollegeCollectiolls7619C\Currentll60,aff21nlm Created: 8123/04 11:39AM Revised: 8/26/04 2:12PM 7619C61 DICKINSON COLLEGE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 03-2477 CNIL ACTION-LAW MARC E. MICKEL, MARILYN K. SMITH & JENNIFER S. MICKEL Defendant JURY TRIAL OF TWELVE DEMANDED AFFIDAVIT OF DUE DILIGENCE I, David R. Galloway, Esquire, being duly sworn according to law upon my oath, depose and say, that I am at least 18 years of age. I hereby certifY and return that diligent attempts were made to serve the Complaint on the above Defendant by mailing the Complaint, via Certified Mail, Restricted Delivery, to Ms. Jennifer Mickel at her known address: 67 Ten Eyck Street, Apt. 3L, Brooklyn, NY 11206. That Complaint was returned to me marked Unclaimed Return to Sender on JUntl 23, 2003. I certifY that the foregoing statements made by me are true and correct. I am aware that if any of the foregoing statements made by me are willfully false, subject to punishment. n", R. G. low,y ;j Attorney for Plaintiff Sworn tund subscribed before me this ~ k) of fZ:!p cflt 14. U tary Public ,2004. N01 ARIAL t~';tOlary public 1RICIA O. tCKt~~bei\and ~gu~~04 Cal\is\el'1o~o.. eXP\le~ Ocl . 11 comr',t\,;:~q!L.,-'- wN__.- " "" 0: 8 ~ ru or- o .-'I fTJ IT" r-- '" .-'I o o o o r-- ...!l .-'I o o o r-- -cD ... rf' /'0 '0 ------ .---- ./'f'-, '-:----'- <~~ -- .r- -. ,'-,.. ....... ~ I t ~o I~~G ~ ~ ~ 0 " ~ o <( ~Q0 ;:j , Q ~ 5~6 ~ ~ <( ~ ::;: 3 i ~ , i ~ ~ l-V\I-Z0-S6SG'Ot t: :5 :q ti,: J: ~ " Z _ Z :r;~ ~ . ~ "' ~~ ~ ~ f--U & -! LlJ n') "- <::> & ~, <::> ...... ...... "'" S ~ "'\i -_. C") <::: ."., LU C\) C ~ ...... () ;Z ':::: IJU :::> '5 ~ -, <' '\-- '5 '" o ... o f--< ~d!aoal::l u-lnlal::l ollsawoQ wo~ lSn5n\t' ~ ~B8 WJO~ ~(7/ FbtJ' /1l(7{J P~?I Ol:j?~ UeqB/eOMJeSWOJ!Je!sueJ.1. JaqwnN 81O!1.1'1 v,/ '.;J';/'~ ~/fY ~ 7"Vf?~?~.c. ~~6'~ CERTIFICATE OF SERVICE I, Nichole L. Myers, an authorized agent of Martson D,~ardorffWilliams & Otto, hereby certifY that a copy of the foregoing Affidavit of Due Diligence was served this date by depositing same in the Post Office at Carlisle, P A, first class mail, postage prepaid, addressed as follows: Ms. Marilyn K. Smith 518 Grove Street Sewickley, PA 15143-1233 MARTS ON DEARDORFF WILLIAMS & OTTO B\;,~~tJJ ~ Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: August 26, 2004 f; -oiiT lT1 r,r' ~>' ws:,; -<~'" \<Ci ~8 S>c ~ ...., <=> <=> ..r:- ". c:: c> N 0\ "'Q :x Y? Cl ex> ~ :i!, rn;!! ~ ~.<~' ~'fl g~ 't! ":0 '< F:IFILESIDA T AFlLE\Dickinson College 76191DickinsonCollegeColleclions1619C\Currenll 160.aID/nlm Created 318/04 1136AM Revised; 9/13/04 lO:25AM 7619Cl60 DICKINSON COLLEGE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 03-2477 CNIL ACTION-LAW MARC E. MICKEL, MARILYN K. SMITH & JENNIFER S. MICKEL Defendant JURY TRIAL OF TWELVE DEMANDED AFFIDAVIT OF DUE DILIGENCE I, David R. Galloway, Esquire, being duly sworn according to law upon my oath, depose and say, that I am at least 18 years of age. I hereby certifY and return that diligent attempts were made to serve the Complaint on the above Defendant(s) by mailing the Complaint, via Certified Mail, Restricted Delivery, to Marc E. Mickel at his last known address: 210 Thompson Hill Road, Aliquippa, P A 15001. That Complaint was returned to me marked "Unclaimed" on September 3, 2004. I certifY that the foregoing statements made by me are true and correct. I am aware that if any of the foregoing statements made by me are willfully false 1 subject to punishment. David R. a oway Attorney for Plaintiff ,2004. NOTARIAL SEAL TRICIA D. ECKENROAO. Notary Public M Carlisle Bora., Cumberland County Q Lr.I:>- ....0: (.)w ==== ...~ -' .;.nw ibJQ ~ ~; ldllY-la\:lUJnlel::lO!l99Woq ~ooz tsn6nv' ~ ~g€ WJo.:l. Sd Q&qef9:lfiU9SWOJJJIiljSUI3.Ij) JaqwnNElIOIW'Z 6~"6 ~~~~ ~OOO O~O~ EOOL '"A (88:JeJlB!(.A.JeAll9Gpep!l\.S91::1'V 'a'o'~D e61Pllell:>.la~JOjldta~l::IUJntBl:ID lreV\lsseJdX3 0 119V\1paJnsuID p9J9~IBel::lD lrevtp9ll-1:!J9:Jiid' edMlY-l~'C - -- . / J ~ I C)QS{ 1iO y~l ~ ./ l1 ~'f t':, I ,~",yJ'~/m~ ~ r / ;rlfJIW 'l )IVW JLU Aia"IISQ}09rea ':J aassElJppVD lueflvD (aweN pe/U.Ud) Aq PlM!9:>91:i 's :o,p9S1l9.lPp\i91::l\W .~ "Sl!WJed aoeds ~llUOJJ aLll uo .10 'eOEljdU'ew a41 ~o }j:teq a111 0; pJeo 91Ll1 40SlW' . 'no;; 0; pJ'So a41 WnlaJ ueo aM 1641 os eSJ9heJ 941 uo sse.lppe pUB eweu mQ;; lU\.ld . 'pal!sap 5! AJ8^lIea paPPlS9H J! t' wa,l E119ldwoo OSf';f "€ pUB 'z '~ swell 9191dwo:] - ON 0 :MO\Sq ss<upp"ll NeAlIsp Je~UIl 'S3A ~I seA 0 l.~ WEIll UlOJttlJ9)aUlPsseJpplil NeAlISP 91 "0 x (') c-.:; 1:' ^~; '. ....., = = .r- (/) 1"'" " o 'T1 ...... :r: n1:!J r-' :em ,:-;,6 i.;C= :r~ '.c)d ~jm ~ jJ ~< en ~~ f:-? N (J. F:IFlLESIDATAFILEIDickillsoll College 7619\DickinsonCollegeCoJlections7619CICllrrent\160_motionpllblication Created: 10/22/0112:18:05PM Revised: 09/16/0403:10:48 PM DICKINSON COLLEGE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 03-2477 CNIL ACTION-LAW MARC E. MICKEL, MARILYN K. SMITH & JENNIFER MICKEL Defendants JURY TRIAL OF TWELVE DEMANDED MOTION FOR SERVICE OF COMPLAINT ON DEFENDANT MARC E. MICKEL BY PUBLICATION 1. A Complaint in this action was filed with the Cumberland County Prothonotary on May 27, 2003. A cause of action exists against Defendant Marc E. Mickel ("Defendant"), and Defendant is a necessary and proper party to the action. 2. The original Complaint in this action was delivered to the Sheriff of Cumberland County, Pennsylvania, on May 27, 2003, for personal service on Defendant. 3. On July 1, 2003, the Sheriff of Cumberland County signed and returned a Sheriff Service Process Receipt and Affidavit of Return stating that the Sheriff of Beaver County could not find Defendant. 4. A second and third attempt to serve the Complaint was made on December 8, 2003, and May 10,2004. The Sheriff of Cumberland County signed and returned a Sheriff Service Process Receipt and Affidavit of Return stating that the Sheriffs of Beaver County and Allegheny County could not find Defendant. 5. Following the receipt ofthe above-mentioned returns from the Sheriff of Cumberland County, Plaintiff made a diligent, good-faith effort to locate defendant to no avail as evidenced in the Affidavit accompanying this Motion. 6. It is believed and therefore averred that normal service under Rule 400 of the Pennsylvania Rules of Civil Procedure is not possible in this case because Defendant is either lying about his identity or cannot be located in the Commonwealth of Pennsylvania. " WHEREFORE, Plaintiff requests this Honorable Court to order service of the Complaint by publication in accordance with Rule 430 of the Pennsylvania Rules of Civil Procedure. MARTS ON DEARDORFF WILLIAMS & OTTO Date: September 16, 2004 re DICKINSON COLLEGE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 03-2477 CNIL ACTION-LAW MARC E. MICKEL, MARILYN K. SMITH & JENNIFER MICKEL Defendants JURY TRIAL OF TWELVE DEMANDED AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA ) :SS. COUNTY OF CUMBERLAND ) David R. Galloway, Esquire, being first duly sworn, deposes and says: 1. Affiant is the attorney for Plaintiff in the above-entitled action and is familiar with all of the facts and circumstances in this action. 2. This affidavit is in support of Plaintiff's motion D:Jr an order directing service of the Complaint on Defendant, Marc E. Mickel, by publication of th,e Complaint in a legal journal and newspaper of general circulation most likely to give Defendant notice ofthis action pursuant to Rule 430 ofthe Pennsylvania Rules of Civil Procedure. 3. This action was brought to recover damages stemming from a breach of contract where Defendant entered into a Promissory Note with Plaintiff and breached the terms and conditions by failing to reimburse Plaintiff for the loan associated with the Note. 4. A Complaint in this action was filed with the Cumberland County Prothonotary on May 27, 2003. A cause of action exists against Defendant, and Defendant is a necessary and proper party to the action, as shown by the Complaint, a copy of which is attached as Exhibit "A" and made a part of this affidavit. 5. Defendant's residence is either unknown to Affiant, and Defendant cannot, despite diligent efforts, be found within the Commonwealth of Pennsylvania, or Defendant has lied to the servicing Sheriff of his identity. 6. The original Complaint in this action was delivered to the Sheriff of Cumberland County, Pennsylvania, on May 27,2003, for personal service thereof on Defendant. On July 1,2003, the Sheriff of Cumberland County signed and returned a Sheriff Service Process Receipt and Affidavit of Return stating that the Sheriff of Beaver County could not find Defendant in the County of Beaver and that Defendant was reportedly in California. This information was provided to the Sheriff by an individual at the residence. 7. Again, Plaintiff attempted to serve Defendant with the reinstated Complaint. On December 8,2003, the Sheriff of Cumberland County signed and returned a Sheriff Service Process Receipt and Affidavit of Return stating that the Sheriff ofBeav(:r County could not find Defendant in the County of Beaver and that Defendant was reportedly in West Virginia. Again, this information was provided to the Sheriff by an individual at the residence. 8. On May 10, 2004, Plaintiffs final attempt to serve: Defendant by sheriff was returned to the Sheriff of Cumberland County. The Allegheny County Sheriff stated that Defendant's whereabouts were unknown. 9. Affiant made numerous attempts to located Defendant by mailing the Complaint, via Certified Mail, Restricted Delivery, to Defendant at his last known address (210 Thompson Hill Road, Aliquippa, PA 15001). The letter was returned "Unclaimed" on September 3, 2004. A copy of the Affidavit of Due Diligence was filed on September 15, 2004, with this Court. 10. Affiant contacted the United States Post Office and completed a request for Change of Address or Boxholder Information Needed for Legal Process. The Post Office confirmed the mailing address of Defendant to be 210 Thompson Hill Road. However, Plaintiff has been unable to serve the Defendant at this address by the Sheriff and certifi(:d mail. Affiant also searched for Defendant's address using an internet phone directory. The direl:tory revealed a Marc L. Mickel at 210 Thompson Hill Road. 11. A review ofthe Beaver County Assessment Records reveal that Defendant is the title owner of21 0 Thompson Hill Road, the same address that Affiant made attempts to serve Defendant. 12. Affiant contacted and employed two private investigators to locate Defendant. However, both investigators believe Defendant lied about his identity to the Sheriff s office to avoid service and was residing at 210 Thompson Hill Road. An attempt to located Defendant at a place of employment was unsuccessful. 13. Despite Affiant's good faith efforts to serve Defendant with the Complaint and diligent searches for Defendant's address and/or whereabouts as specifically listed above (and set forth in the comment proceeding Pa.R.C.P. 430), Affiant stiill does not know the residence of Defendant and/or believes that Defendant has lied about his identity in order to avoid service. 14. Affiant believes that Plaintiff will be unable to locate and serve Defendant personally within the Commonwealth of Pennsylvania. 15. The Beaver County Times, 400 Fair Ave., Beaver, Pa. 15009, is a daily newspaper of general circulation in Beaver County. WHEREFORE, Affiant requests an order of this court that service of the Complaint be made on Defendant by publication one (I) time in both the Beaver Legal Record and Beaver Legal Times, published in Beaver County, pursuant to Rule 430 of the Pennsylvania Rules of Civil Procedure. Sworn to and subscribed before me this/ & ~ day of ~lt~ , 2.ffDt.f. C3Ulffi~MJ ~~ Notary Public TR/CIA 0 NOTARIAL SEAL Carlisle B~~~ENCRumOAb 0" Nodtacry Public Me. ." . er an ounry ct. 23. 2004 F:\FI LESIDA T AFI LE\Dickinson College 76 I 9"DickillsonC"lIegcCc)lIecliclt,,76 I <)C\Do~"m "11<;\ 1 61),c~~m' ;drg CrcalCu ..1~2/0J 916:36AM Revised 5119/03 9:1~:04 AM 7619c,liJO DICKINSON COLLEGE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 03 ..:;. ~ 7 7 CIVIL ACTION-LAW MARC E. MICKEL, MARILYN K. SMITH & JENNIFER MICKEL 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. r,=-..::-, (-;-2; cs.~ l:~ ~ 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 " I (. '~l }: c~':;;() ft [) :'1 "J' ~"~-. By { l David R.~loway, Esquire ID. No. 87326 Ten East High Street Carlisle, PA 17013 (717) 243-3341 (') r-'-' <::' (, j (J .., 1'~ , ,T)' t"1-~'~'_'",:1" :, '~:l:; ";,~:;.;~:;'t"::~ w~ hRcti :.;~ ("d'x! \::! ",.t"...' ( d,l \';-.H'l~. Pa, 1."".i';.d?_IJ~'i O~?:;rE- ~1. 11'O',~ p rmrrt'6~ . ""t,l'-';', lI, , .,',.. > - c;:) ,""',) ..,J -n - ,;') Attorneys for Plaintiff c;" i'~ ',< Date' 'jl'~" / ,-, "", 'L) /;;.'-:~' .", EXHIBIT A DICKINSON COLLEGE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLV ANIA v. NO. CNIL ACTION-LAW MARC E. MICKEL, MARILYN K. SMITH & JENNIFER MICKEL Defendants JURY TRIAL OF TWELVE DEMANDED COMPLAINT AND NOW, comes Plaintiff Dickinson College by and through its attorneys, MARTSON DEARDORFF WILLIAMS & OTTO, and hereby avers as follows: 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. Defendant, Marc E. Mickel, is an adult individual with a last known address of210 Thompson Hill Road, Beaver County, PA 15001-5838. 3. Defendant, Marilyn K. Smith, is an adult individual with a last known address of 518 Grove Street, Allegheny County, Sewickley, PA 15143-1233. 4. Defendant, Jennifer Mickel, (hereinafter "Student"), is an adult individual with a last known address of 67 Ten Eyck Street, Apt. 3L, Brooklyn, New York, 11206. 5. On or about August 28, 1997, Defendants and Sltudent entered into a Promissory Note (Note #1) with Plaintiff. A copy of Note #1 is attached hereto as Exhibit "A." 6. Note #1 provided for the fmancing of$1 0,000.00, plus interest and costs by Defendants for expenses incurred and rendered to Student by Plaintiff. 7. On or about August 28, 1997, Defendants and Student entered into an additional Promissory Note (Note #2) with Plaintiff. A copy of Note #2 is attached hereto as Exhibit "B." 8. Note #2 provided for the financing of$4,000.00, plus interest and costs by Defendants for expenses incurred and rendered to Student by Plaintiff. 9. On or about November 6, 1998, Marc E. Mickel ,md Student entered into an additional Promissory Note (Note #3) with Plaintiff. A copy of Note #3 is attached hereto as Exhibit "c." 10. Note #3 provided for the financing of $4,000.00, plus interest and costs by Marc E. Mickel and Student for expenses incurred and rendered to Student by Plaintiff. 11. On or about November 6, 1998, Marc E. Mickel and Student entered into an additional Promissory Note (Note #4) with Plaintiff. A copy of Note #4 is attached hereto as Exhibit "D." 12. Note #4 provided for the financing of $10,000.00, plus interest and costs by Marc E. Mickel and Student for expenses incurred and rendered to Student by Plaintiff. 13. The total collective principal for Note #1, Note #2, Note #3 and Note #4 is $28,000.00. 14. Note#l, Note #2, Note #3 and Note #4 grant Plailltiffreasonable collection and attorneys' fees which Plaintiff has calculated to be $4,200.00. 15. Defendants and Student stopped making monthly payments on Note #1, Note #2, Note #3, and Note #4 on or about June 30, 2000. 16. As of May 14, 2003, the outstanding balance of$38, 762.91 represents the total and actual overdue value of the financing provided to Defendants and Student under Note # 1, Note #2, Note #3, and Note #4 for which they have yet to pay. 17. Plaintiff fulfilled, performed and complied with all obligations and conditions of all Notes. COUNT I DICKINSON COLLEGE v. MARC E. MICKEL & JENNIFER MICKEL BREACH OF CONTRACT 18. Plaintiff hereby incorporates by reference the averments contained in Paragraphs I through 17 of this Complaint. 19. Marc E. Mickel, and Student breached the expressed and implied obligations, conditions and terms of agreement of Note # I, Note #2, Note #3 and Note #4 by failing to pay the amounts financed therein. 20. As of May 14, 2003, the principal and interest due and payable by Marc E. Mickel and Student to Plaintiff for Note #1, Note #2, Note #3 and Note #4 was $38,762.91, plus interest in the amount of$5.60 per day. 21. The outstanding balance of$38,762.91 represents the total and actual overdue value of the financing provided to Marc E. Mickel and Student under Note #1, Note #2, Note #3 and Note #4 for which they have yet to pay. WHEREFORE, Plaintiff demands judgment against Defendants, Marc E. Mickel and Jennifer Mickel, in the amount of $38,762.91, plus interest in the amount of $5.60 per day, collection and attorneys' fees in the amount of $4,200.00 and costs of suit. COUNT II DICKINSON COLLEGE v. MARILYN K SMITH BREACH OF CONTRACT 22. Plaintiff hereby incorporates by reference the averments contained in Paragraphs 1 through 21 ofthis Complaint. 23. Marilyn K. Smith 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. 24. As of May 14, 2003, the principal and interest due and payable by Marilyn K. Smith to Plaintiff for Note #1 and Note #2 was $19,596.47. 25. The outstanding balance of $19,596.4 7 represents the total and actual overdue value of the financing provided to Marilyn K. Smith under Note #1 and Note #2 for which she has yet to pay. WHEREFORE, Plaintiff demands judgment against Defendant, MarilynK. Smith, in the amount of$19,596.47, plus interest in the amount of$2.82 per day, collection and attorneys' fees in the amount of$2,100.00 and costs of suit. COUNT III DICKINSON COLLEGE v. JENNIFER MICKEL IN OUANTUM MERUI:[ 27. Plaintiff hereby incorporates by reference the averments contained in Paragraphs 1 through 26 of this Complaint. 28. Having requested Plaintiff to loan money, and doing so to the benefit of Student, Student became liable to Plaintiff for said money. 28. Student has been unjustly enriched by accepting said money without paying Plaintiff reasonable compensation therefor. 29. The total amount by which Student has become enriched on account of the money loaned is $38,762.91, plus interest in the amount of$5.60 per day. WHEREFORE, Plaintiff demands judgment against Defi~ndant, Jennifer Mickel, in the amount of$38, 762.91, plus interest in the amount of$5.60 per day, collection and attorneys' fees in the amount of $4,200.00 and costs of suit. MARTSON DEARDORFF WILLIAMS & OTTO B)' David R. oway ID. No. 87326 Ten East High Street Carlisle, PA 17013-3093 (717) 243-3341 Attorneys for Plaintiff Date: SIS/!, /03 /009- c:) / - '-'~ DICKINSON COLLEGE FLEXIBLE FINANCING SYSTEM _ PLAN B EDUCATIONAL GOODS AND SERVICES RETAIL INSTALLMENT CONTRAe Date: 1ugust 28, 1997 1. Seller: Dickinson College, Carlisle, Pennsylvania 17013-2896 Buyer(s): Marc E Mickel & Marilyn K. Smith 210 Thompson Hill Road A1iquippa, PA 15001 If there is more than one Buyer, each of you will be obligated:. jointly and severally, for all sums due and for 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 expenses incurred for goods and services to be provided and rendered, as the case may be, to Jennifer Mickel (hereinafter as "Student") during his/her enrollment at Dickinson Cou,ege during the 1998 academic year, including tuition, room and board, books and supplies as herein stated (hereinafler the "Goods and Services"). The Goods and Services shall include only tuition, room and board. II. TERMS OF P A YNJENT AND P A YiYffiNT SCHEDULE Disclosures Required by Federal Law ANNUAL FINANCE AMOUNT TOTAL OF TOTAL SALE PERCENT AGE 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 of purchase on yearly rate cost Buyer Dickinson College all scheduled credit, including payments down payment of $17,290.00 950% $7,230.72 $10,000.00 $17,23072 $27,290.00 EXHIBIT "A" IV. CREDIT INSURANCE Credit life insurance for the term of this Contract is not required. V. NO WARRAN'I1ES THERE ARE NO WARRANTIES, EITHER EXPRESSED OR IMPLIED, GIVEN BY SELLER IN CONNECTION WTTH Sf' OF THE GOODS AND SERVICES COVERED BY THIS CONTRACT UNLESS BUYER HAS BEEN GIVEN A SEPARATE WRIT! IV ARRANTY. VI. ADDITIONAL PROVISIONS I. Buyer agrees to pay Seiler the Total Sale Price by making the total down payment and paying Seller the Total uf Payments in the number and amount ofmonlhly payments shown in the Payment Schedule. Payments are due on or beforc the same date of each month as the lirst payment date. Payments must be made to Eduserv Technologies, Inc. at the fc.:k,v~;:ig addr,,\is: Eduserv Technologies, Inc. P.O. Box 64974 St. Paul. MN 55164-0974 o Buyer's legal rigi", include the right t" pay all or part of the amounts due On this Contract in odvance or their due date",>. t'.> obtain a refund or credit of unearned Finance Charge whenever the amount is paid in full :n advance, and (with Se-Hers com;ent) to reinstme the Contract if Buyer timely cures any det~1ult. 3. Buyer shall be deemed to have committed an "Event of Default" of the Contract upon the OCCUlTence of any of the t"Uowing: (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 perfonn any other pl'Ovision of the Contracl, (d) providing SeUer Wilh false information or signamres, (e) death. incompetence, or conviction of any Buyer of crime involving fraud or dishone3ty, (I) insolvency or bankruptcy of any Buyer. .-t. UponJr aiter me occurrence of any E"e~t or Default, Seller will provide 13uytr WIth notice, by certi' ied maii as required by law. addressed to Buyer's last known address as shown on Seller's recurds, advising Buyer of the defaulr and of Buyer's righl to cure the default The notice will provide the time, amount ar:d per~ormance necessary to cure the default. If Buyer does not cure the default as provided in the notice, Seller's rights shall include the righr to declare all sums due on the Contract to be immediately due and payable. The Buyer agrees to pay alII attorney's fees and other reasonable collection costs and charges necessary tor lhe collection of any amount not paid when due. :5. Waiver by Seller of any Event of Default shall nol be binding upon Seller if Seller should thereafter choose to exercise that or any oth~r right or a similar Event of Default occurs later. All Seller's, right!; and remedies shall be cumulative. Se!ler's t:.:ercise {If O!1e or more righ~s shall nor cause Seller to lose any other iights. This Camracr is r.eely assignable bJ' ~\eiler. Buyer agrees that upon :"eceiviag notice of the assi.gnmem Buyer .,;hnll be obligated [Q ),hc As~,ignee of this Cuotraf..'r, which Assignee ..,hall have all of Seller's right aud remedies. 3 0(/17-(.1 C./-- \1c Ie DICKINSON COLLEGE FLEXIBLE FINANCING SYSTEM - PLAN A EDUCATIONAL GOODS AND SERVICES RETAIL INSTALLMENT CONTRACT August 28, 1997 I. Seller: Dickinson College, Carlisle, Pennsylvania 17013 Buyer(s): Marc E. Mickel & Marilyn K. Smith 210 Thompson Hill Rd Aliquippa, PA 15001 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 Jennifer Mickel (hereinafter "Student") during his/her enrollment at Dickinson College during the 1998 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 PERCENT AGE 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 of all purchase on credit yearly rate cost Buyer Dickinson College scheduled including down payments payment of Prior to repay- ment: 11.00% 23,290.00 During repay-ment: II. 00% 3095.41 4,000.00 7095.41 27,290.00 Rev 2/92 EXHIBIT "B" IV. CREDIT fNSURANCE Credil 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 fN CONNECTION WITH SALE OF THE GOODS AND SERVICES COVERED BY THIS CONTRACT UNLESS BUYER HAS BEEN GIVEN A SEPARATE WRITTEN WARRANTY. VI. ADDITIONAL PROVISIONS I. 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 Ihe Payment Schedule. Payments are due on or before the same date of each month as the first payment date. Paymenls musl be made to Eduserv Technologies, Inc. at Ihe following address: Eduserv Technologies, Inc. P.O. Box 64974 St. Paul, MN 55164-0974 2. Buyer's legal rights include the right to pay all or part of the amounts due on this Contract in advance oflheir due dates, to obtain a refund or credit of unearned Finance Charge whenever the amounl is paid in full in advance, and (with Seller's consent) to reinstate the Contract if Buyer limely 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 Contracl outstanding with Seller, (e) failure to perfonn any other provision of the Contract, (d) providing Seller wilh false informalion 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 lasl known address as shown on Seller's records, advising Buyer oflhe default and of Buyer's right to cure the default. The nOlice will provide the time, amount and perfornlance necessary to cure Ihe default. If Buyer does not cure the default as provided in the nOlice, Seller's rights shall include the right to declare all sums due on the Contract 10 be immediately due and payable. The Buyer agrees to pay all attorney's lees and other reasonable colleclion cosls and charges necessary for the collection of any amount not oaid when due. 5, Waiver by Seller of any event of default shall nOI be binding upon Seller if Seller should thereafter choose to exercise that or any other right or a similar Evenl of Default occurs later. All Seller's rights and remedies shall be cumulative. Seller's exercise of one or more righlS shall not cause Seller to lose any other rights. 6. This Contract is freely assignable by Seller. Buyer agrees that upon receiving notice oflhe assignment Buyer shall be obligated to the Assignee of this Contract. which Assignee shall have all of Seller's rights and remedies. 7. If any part of this Contract is held to be illegal, void or unenforceable, lhat provision shan be deemed not to have been a part ofthi, Contract. which shall otherwise remain fully effective. S. APPLICABLE LA W: This Agreement, whenever called upon to be construed, shall be governed by the domeslic inlemallaws of the Commonwealth of Pennsylvania except to the extent supplemented. superseded or preempted by federal law. 3 /. 'I (I . ( 1)... " , , ! I ' I) iJ ':.___/ t' n" "1 1.t/' . ',~..J . 1 --, '; ..L,. ~ .,..j"Q ,:,~.tjr) DICKINSON COLLEGE FLEXIBLE FINANCING SYSTEM - PLAN A EDUCATIONAL GOODS AND SERVICES RETAIL INSTALLMENT CONTRACT November 6, 1998 1. Seller: Dickinson College, Carlisle, Pennsylvania ]7013 Buyer(s): Marc E. Mickel 210 Thompson Hill Road Aliquippa, PA 15001 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 Jennifer Mickel (hereinafter "Student") during hislher 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 credi twill provided by Buyer as total of all purchase on credit yearly rate cost Buyer Dickinson College scheduled including down payments payment of Prior to repayment: 11. 00% $24,630.00 During repayment: 11.00% $2655.41 $4,000.00 $6655.41 $28,630.00 Rev 2/92 EXHIBIT "e" Mickel Buyer's payment schedule will be as follows: Number of Payments Amount of Payments When Payments are Due monthly commencing 11/28/98, and continuing until 04/28/01 or such time as Student is no longer enrolled at 32 $36.67 Dickinson (or in an approved full-time off-campus program of studies), whichever is earlier. monthly commencing OS/28/01 or such time as Student 72 $76.14 is no longer enrolled at Dickinson (or in an approved full- time off-campus program of studies), whichever IS earlier. Late charge: Ifa payment is more than 15 days late, a sum equivalentto 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 part, without penalty. SEE SECTION VI OF THE CONTRACT BELOW FOR ANY ADDITIONAL INFORMATION ABOUT NON- PAYMENT, DEFAULT AND REQUIRED REPAYMENT BEFORE THE SCHEDULED DATE FOR REPAYMENT OF THE AMOUNT FINANCED. III. ITEMIZATION OF AMOUNT FINANCED 1. Cash price of Goods and Services: $ 28,630.00 2. Total down payment: 24,630.00 0 Unpaid balance of cash price (I - 2): 4,000.00 J. 4. Amount paid to others on Buyer's behalf: - 0- 5. Amount Financed (3 + 4): $ 4,000.00 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 0 R IMPLIED, GIVEN BY SELLER IN CONNECTION WITH SALE OF THE GOODS AND SERVICES COVERED BY THIS CONTRACT UNLESS BUYER HAS BEEN GNE N A SEPARATE WRITIEN WARRANTY. VI. ADDITIONAL PROVISIONS I. Buyer agrees to pay Sellerthe Total Sale Price by making Ihe 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 Sl. 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 wheneverthe 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 comminedan "Event of Default" oflhe Contract upon the occurrence of any of the following: (a) failure 10 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) dealh, incompetence. or conviction of any Buyer of crime involving fraud or dishonesly, (I) insolvency or bankruplcy 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 Iasl known address as shown on Seller's records, advising Buyer of the default and of Buyer's right 10 cure the defauII. The nOlice will provide Ihe time, amount and perfomlance 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 3.ttorney's f€~es 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 10 exercise that or any other righl or a similar Event ofDefaul1 occurs later. All Seller's righls and remedies shall be cumulative. Seller's exercise of one or more rights shall not cause Seller to (ose 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 oflhis Contracl, which Assignee shall have all of Seller's rights and remedies. 7. If any pari of this Contracl is held to be illegal, void or unenforceable, thaI provision shall be deemed not to have been a part of this Contract. which shall otherwise remain fully effeclive. 8. APPLICABLE LA W: This Agreement, whenever called upon to be construed,shall be governed by the domeslic internal laws 3 of the Commonwealth of Pennsylvania except to the extent supplemented, superseded or preempted by federal law. 9. CONSENT TO JURISDICTION. VENUE AND SERVICE: The parties to this Agreement consent and agree that all legal proceedings relating to the subject matler hereof shall be maintained in the Court of Common Pleas of Cumberland County, Pennsylvania,or, ifapplicable, the United States District Court of the Middle District of Pennsylvania, and all parties hereto consent and agree Ihat 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, Iheir heirs, successors, assigns and legal representatives. 11. TIME IS OF THE ESSENCE OF THIS CONTRACT. NOTICE: ANY HOLDER OF THIS CONSUMER CR EDIT CONTRA CT IS SUBJECT TO ALL CLAIMS AND DEFENSES WHIc H 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 HA VE THE RlGHT TO PAYOFF 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 COI~F THIS CONTRACT AND INTEND(S) TO BELEGALLYBOUNDB~/ BUYER(S): I AGREE TO REPAY ALL AMOUNTS DUE ON THIS DO SO IN ACCORDANCE WITH THE TERMS OF THE ~ TE: STUDSNTCOSIGXE~,l~ ,M,. _ TRANSCRIPTS OF A STUDENT'S RECORD WILL NOT BE RELEASED IF LOAN PAYMENTS TO THE COLLEGE ARE IN ARREARS OR DEFAULT. N IF THE BORROWER(S)/BUYER(S) FAILS TO ) DATE: DICKINSON COLLEGE 11/;;'/9f / / . - -..... BY 4 ") \-.... ':... .j .L ...; .1 \.:l0U DICKINSON COLLEGE FLEXIBLE FINANCING SYSTEM - PLAN B EDUCATIONAL GOODS AND SERVICES RETAIL INSTALLMENT CONTRACT November 6, 1998 1. Seller: Dickinson College, Carlisle, Pennsylvania 17013-2896 Buyer(s): Marc E. Mickel 210 Thompson Hill Road Aliquippa, PA 15001 If there is more than one Buyer. each of you will be obligated, jointly and severally, for all sums due and for 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 expenses incurred for goods and services to be provided and rendered, as the case may be, to Jennifer Mickel (hereinaj "Student") during hislher enrollment at Dickinson College during the 1999 academic year, including tuition, room a 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 $ 18,630.00 9.50% $ 6,580.20 $ 10,000.00 $ 16,580.20 $ 28,630.00 Rev 2/92 EXHIBIT "n" i'vrickel Buyer's payment schedule will be as follows: Number of Payments Amount of Payments When Payments are Due 140 $118.43 Monthly commencing 11/28/98 until 07/28/10 *Variable Rate: Late Charge: Prepayment: The ANNUAL PERCENTAGE RATE disclosed above is a variable rate and may change. Th ANNUAL PERCENTAGE RATE may increase during the term of this transaction if the prim 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 I %. The ANNUAL PERCENTAGE RATE will not increase more than once a year, and the new interest rate will become effective on July I 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 ofthe Goods and Service sold hereunder were $10,000.00 at 9.50% per annum for 140 months and the prime rate plus l' were increased to 10.50%, your regular monthly payments would increase to $124.17. FUrthel the ANNUAL PERCENT AGE 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. If a payment is more than 15 days late, a sum equivalent to 5% of the late payment (but no mOl 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 VIOl' THE CONTRACT BELOW FOR ANY ADDITIONAL INFORMATION ABOUT NON- PA YMENT, DEFAULT AND REQUIRED REPA YMENT BEFORE THE SCHEDULED DATE FOR REPA YMENT OF THE AMOUNT FINANCED. III. ITE~'IIZATION OF AMOl.JNT FINANCED 1. Cash price of Goods and Services: $ 28,630.0 2. Total down payment: 18,630.C 0 Unpaid balance of cash price (I - 2): 10,000.( J. 4. Amount paid to others on Buyer's behalf: - 0 5. Amount Financed (3 + 4): $ 10,000.( IV. CREDIT INSURANCE Credit life insurance for the tenn of this Contract is not required. V. NO WARRANTIES TIlERE ARE NO WARRANTIES, EITIlER EXPRESSED OR IMPLIED, GIVEN BY SELLER IN CONNECTION WITH SA OF THE GOODS AND SERVICES COVERED BY TIllS CONTRACT UNLESS BUYER HAS BEEN GIVEN A SEP ARA TE WRITI WARRANTY. VI. ADDITIONAL PROVISIONS l. Buyer agrees to pay Seller the Total Sale Price by making the total down payment and paying Seller Ihe 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 Eduserv Technologies, Inc. at the following address: EFG P.O. Box 1810 Winston Salem NC 27102-1810 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 perfonn any other provision of the Contract, (d) providing Seller with false information or signatures, (e) dealh, incompetence, or conviction of any Buyer of crime involv'mg fraud or dishonesty, (I) insolvency or bankruptcy of any Buyer. 4. Upon or after Ihe occurrence of any Event of Default, Seller will provide Buyer with notice, by certifred 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 lhe default. The notice will provide Ihe time, amount and perfonnance 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 Ihe 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 Ihereafter choose to exercise that or any olher right or a similar Event of Default Occurs laler. All Sellel'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 Contracl is freely assignable by Seller. Buyer agrees that upon receiving nOlice 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 COntracl is held to be illegal, void or unenforceable, that provision shall be deemed not to bave been a part of this Contract, which shall otherwise remain fully effective. . 8. APPLICABLE LA W: 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 JURlSDICTION. VENUE AND SERVICE: The parties to this Agreement consent and agree that all legal proceedings relating to the subject matter hereof shall be maintain"d 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. I O. This Contract shall be binding upon the parties hereto, their heirs, successors, assigns and legal representatives. II. 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: (I) DO NOT SIGN THIS AGREEMENT BEFORE YOU READ IT OR IF IT CONTAINS ANY BLANK SPACE. (2) YOU ARE ENTITLED TO A COMPLETEL Y FILLED-IN COPY OF THIS AGREEMENT. (3) UNDER THE LAW, YOU HAVE THE RlGHTTO PAY OFF IN ADVANCE THE FULL AMOUNT DUE AND UNDER CERTAIN CONDITIONS TO OBTAIN A PARTIAL REFUND OF THE FINANCE CHARGE. BUYER(S) ACKt'l. OWC'DG~""" CONTIWT AND """"""1 TO BE LEGALL Y BOUND BY ITS TERMS. / BUYER(S): I AGREE TO REPAY ALL AMOUNTS DUE ON THIS LOAN IF THE BORROWER(S)IBUYER(S) FAILS TO DO SO m ACCORDANC' '"'''' "'''''RM' 0' j N~'" ~ 0 1 STUDENT COSIGNER","" S L J( v , TRANSCRIPT OF A STUDENT'S RECORD WILL NOT BE RELEASED IF LOAN PAYMENTS TO THE COLLEGE ARE IN ARREARS OR DEFAULT. DATE: / / / Ip / c; !! I I DICKINSON COLLEGE -- ~').>'-~~ir ~-__ BY , ---- 4 VERIFICATION I, THOMAS MEYER, Assistant Treasurer of Dickinson College, acknowledge that I have the authority to execute this Verification on behalf of Dickinson College and certifY that the foregoing Complaint is based upon information which has been gathered by my counsel in the preparation of this lawsuit. The language of this Complaint is that of counsel and not my own. I have read the document and to the extent that this Complaint is based upon information which I have given to my counsel, it is true and correct and to the best of my knowledge, information lUld 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 i[I knowingly make false averments, I may be subject to criminal penalties. Dickinson College I' I, Thomas Meyer ! Assistant Tr,easurer of Dickinson College Dated: 5!d3/tJ.:3 F:\FILES\DAT AFlLE\Oickinson College 7619\DickinsonCollcgcCollcClions7619C\Doeumcl'lts\I60.coml ~t:Ji .:J' ~ ,. . ';~ ..:t' .~ ~ ,~ ~ o '-t ~ ~.~ ~:tt~ j~ ,~~:~'-' ~ ; ';\;! ?\'" "J .,,: j . :';'.:~ i"", , , ''Y:.:-.; ''1..\ :::i~~~ ...tJ4~.:,;:' :1!i') \) ',:; .: ,- ~,,: . .. . ('); , O~ .S; J~~ . : .~, ,c. ( ~I .. ".." , , ".,1 " ~ ~~ ' :. "' . 'j i: "J. ~., ,; : , . .~@;) 21~ () ~: . "/) , I . . ~ ~\.~ ?-- .'" . r c:>< . (ie! [. V' ,~' C\- ~ ..~. -, [~ " ~....~.~ f t 0<> ~ ~' J- (~ ~ ~ C'- 0 ......, C) c_~ c: C'~ -n ~1;- -~.- (/) ~J r I fi i -i..') C , J ._, : , '-:-1 ( ;. " C.; F IFILES\DA T AFlLEIDickinson College 76 I 91DickinsonCoUegeCollections76 [9CICurrent\1 60. pra9/mai Created: 2121!039:1629 AM Revised:9/16/041:5:02PM 7619C61 DICKINSON COLLEGE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 03-2477 CNIL ACTION-LAW MARC E. MICKEL, MARILYN K. SMITH & JENNIFER MICKEL Defendants JURY TRIAL OF TWELVE DEMANDED PRAECIPE Please reinstate the attached Complaint to be served upon Marc E. Mickel and return to below signed for service. F WILLIAMS & OTTO David R. G ilia, Esqui I. D. Number 87326 Ten East High Street Carlisle, P A 17013 (717) 243-3341 Date: September 16, 2004 Attorneys for Plaintiff (") "" c~ ~~ s~ C;;') -Ii .r.-' (/) ;-q -":;i C-, "'D -.',- C , ;;:;: C:-":) ~.; 0-, -::::: v:; . F \fILES\DA T AFILE\Dickinson College 76] 9\DickinsonCollcgeCollectiol1s1619C\Currcnt\ 160.pral 0 Crcated: 10/4/04 9:08AM Reviscd; 1014/041O:17AM 1619C.160 David R. Galloway, Esquire LD. No. 87326 10 E. High Street Carlisle, PA 17013-3093 (717) 243-3341 Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DICKINSON COLLEGE, Plaintiff v. NO. 03-2477 CNIL ACTION-LAW MARC E. MICKEL, MARILYN K. SMITH & JENNIFER MICKEL Defendants JURY TRIAL OF TWELVE DEMANDED AFFIDAVIT OF DUE DILIGIENCE AND RELATED COST!i I, David R. Galloway, being duly sworn according to law upon my oath, depose and say, that I am over 18 years of age. I hereby certify that on August 16, 2004, I completed due and diligent attempts to serve Defendant, Jennifer Mickel, by certified mail, restricted ddivery, at her last known place of residence, 67 Ten Eyck Street, Apt. 3L, Brooklyn, New York. I therefore return this Complaint without service upon Defendant, Jennifer Mickel. Cost of att,empted service was $5.57. Diligent attempts were made per the following notations: See copy of Envelope attached hereto. 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 willfully false, I am subject to punishment. ~ David R. Galloway Sworn to and subscri this ~ daY,of ,2004. NOTARIAL SEAL ~ TR, ,Ie lA, ,0". ,"",r-"KENROA,0, Notary Publil: CarliSi. ,ro" Cumberland County ~y C~l\." .~9tr,~s Q!ll. 23. 200.:1 n-l :.. '" '" z C t!1 '" )> r- '" .!" -I "O:I: '" - z Cl z :<: "'en -< -I r- ;>:l ~ '" Z '" - -I )> -...l o v.> .., " ..... ~::l~g;;:s t:J t:J - %~~ w o -l' rI) >- n..., - g.g~...,("l > m i ~ " z ~ - -tI:lS~l'"J c '" t:J ~ > '.% '-< -'("l ~ ~ ~ @a~ ~ - .m ~ t:J - ~~(f""::l ;;Ie; l~i z " t:J - en~l'"J::.l z ~ ~ ~ t:J - q -.I::ll'"J ~ ~ - -" n ~ ~ t:J - t:L~ [~I::l ~ ~ ~ ~ ~ > . ~>- t""~ :::; ~ - "0 ....~ 0 @i ~ ,... -< .~ 0> v.> l'"Jt"" 0> t"" ~ ...!l .c ru IT" ~/ 1..." Y r3 22..... 23:: 2::: ." > ~ ~ ::I V> o 0 ~ Z ~ 0 ~ ~ ~ ::J d II \{I I I :,~ll ...!l ru or- IT" ; [="~=~;;;:~~~'~"'C'~'",lr.\<,. ~~{;;:J':/huJ r=t $ ~i~C u.s. Post I Service,. CERTIFIl:D MAIL. RECEIPT (Domestic Us I Only; No Insurance Coverage Provided) Postage r'l o o o Return Reciept Fee (Endorsement Aequln~d) o Restricted Delivery Fee r1 (Endorsf,!ment Requiroct) o r'l Certiliadf'ee n.JO $1.75 $0.00 .5.57 ~ 14 Postmark Here fTJ o o ['- Tolal Postage & F€'es 08/16/2004 . c..) a \D "> "'" ~ a ,') -, , c.n :r; ~ o -n ---I -,- i"i1;D -'-}fn -:1) l"""""J Cl6 -;7; ~~;~ ~-.! ("5 ;.''-:'/,n ",.J ---I ->:-,., ::J ~"~. DICKINSON COLLEGE, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA v. CIVIL ACTION - LAW MARC E. MICKEL, MARILYN K. SMITH & JENNIFER MICKEL, Defendants NO. 03-2477 CIVIL TERM ORDER OF COURT AND NOW, this 5th day of October, 2004, upon consideration of Plaintiff's Motion for Service of Complaint on Defendant Marc E. Mickel by Publication, it is ordered and directed that service of the complaint in this action shall be made (1) by publication one time in the Beaver County Legal Journal, (2) by publication one time in the Beaver County Times, a newspaper of general circulation designated as most likely to give notice to Defendant, and (3) by certified mail, restricted delivery, return receipt requested, and regular mail to Defendant at his last known address. Service by mail shall be deemed complete upon mailing. BY THE COURT, J ;bavid R. Galloway, Esq. Ten East High Street Carlisle, PA 17013 Attorney for Plaintiff :rc 1-01 \0.0 ',';<"") '11\., L S :OIHV I. .'UO 'IDDZ -~;o F-IFlLES\DA T AFlLEIDickinson College 76 I 91DickinsonCollegeCollections76 I 9C\Currentl 160 prall/nlm Created: 2/21/0J9:1629AM Revised: 10/14/04932:11 AM 7619C61 DICKINSON COLLEGE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 03-2477 CNIL ACTION-LAW MARC E. MICKEL, MARILYN K. SMITH & JENNIFER MICKEL Defendants JURY TRIAL OF TWELVE DEMANDED PRAECIPE Please reinstate the attached Complaint to be served upon Marc E. Mickel and return to below signed for service. MARTSON DE )ORFF WILLIAMS & OTTO Date: October 13, 2004 Attorneys for Plaintiff ~ ....., ,;'::^:> C) ~::.: --11 C.... --I (::.:~, "r -i t;:, 0'\ F:\FILESIDA T AFILElDickinsonCollege76 I 91CollectionslCurrentl 160 rep 1 Created: 11/19/04 I 1:01AM Revised 11/19/04 2: I7PM 7619C.160 David R. Galloway, Esquire MARTSON DEARDORFF WILLIAMS & OTTO Ten East High Street Carlisle, P A 17013 Attorneys for Plaintiff DICKINSON COLLEGE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 03-2477 CIVIL ACTION-LAW MARC E. MICKEL, MARILYN K. SMITH & JENNIFER MICKEL Defendants JURY TRIAL OF TWELVE DEMANDED PLAINTIFF'S REPLY TO DEFENDANT'S ANSWER WITH NEW MATTER TO: MARC E. MICKEL, Defendant, and his attorney, ALLEN ANDRASCIK, ESQUIRE The averments of Defendant Mickel's Answer with New Matter are hereby incorporated by reference. 30. This allegation is a conclusion of law to which no responsive pleading is required. If a responsive pleading is required, it is denied that Plaintiffs Complaint fails to state claim upon which relief may be granted. 31. This allegation is a conclusion of law to which no responsive pleading is required. If a responsive pleading is required, it is denied the doctrines of latches, waiver and estoppel barred any portion of Plaintiffs Complaint. 32. This allegation is a conclusion of law to which no responsive pleading is required. If a responsive pleading is required, it is denied that Plaintiffs claim is barred and/or diminished based upon the statute of limitations. 33. This allegation is a conclusion oflaw to which no responsive pleading is required. If a responsive pleading is required, it is denied that Plaintiffs claim is barred andlor diminished as a consequence of the doctrine of payment. 34. This allegation is a conclusion of law to which no responsive pleading is required. If a responsive pleading is required, it is denied that Plaintiffs claim is barred andlor diminished as a consequence of the doctrine of accord of satisfaction. 35. This allegation is a conclusion oflaw to which no responsive pleading is required. If a responsive pleading is required, it is denied that Plaintiffs claim is barred andlor diminished as a consequence of its failure to provide credit for payments made. 36. This allegation is a conclusion of law to which no responsive pleading is required. If a responsive pleading is required, it is denied that Plaintiff s cla.im is barred andlor diminished as a benefit was provided to Defendant, Marc. E. Mickel. 37. Denied. To the contrary, Section 6 of each Retail Installment Contract provides for "Attorney's fees and other reasonable collection costs and charges necessary for the collection of any amount not paid when due." 38. This allegation is a conclusion of law to which no responsive pleading is required. If a responsive pleading is required, it is admitted that Plaintiff s attorney's fees are reasonable under the circumstances. 39. This allegation is a conclusion oflaw to which no responsive pleading is required. If a responsive pleading is required, it is denied that Defendant, Marc E. Mickel, did not materially breach the terms of the written agreements between the parties. 40. This allegation is a conclusion of law to which no responsive pleading is required. Ifa responsive pleading is required, it is denied that Plaintiffs claims are barred and/or diminished based upon Plaintiffs service of the Complaint upon Defendant., Marc E. Mickel. 41. This allegation is a conclusion of law to which no responsive pleading is required. If a responsive pleading is required, it is denied that Plaintiff s claims are barred and/or diminished based on jurisdiction issues. 42. Denied. To the contrary, Plaintiff fulfilled, perfOImed and complied with all obligations and conditions of all Notes. WILLIAMS & OTTO Date: November 19,2004 Attorneys for Plaintiff CERTIFICATE OF SERVICE I, Jean Taylor, an authorized agent of Marts on Deardorff Williams & Otto, hereby certify that a copy ofthe foregoing Plaintiff's Reply to Defendant's Answer With New Matter was served this date by depositing same in the Post Office at Carlisle, P A, first class mail, postage prepaid, addressed as follows: Allen Andrascik, Esquire 2601 Darlington Road P.O. Box 1555 Beaver Falls, PA 15010 MARTSON DEARDORFF WILL2:0TTO ------' ~/' I B ' ' 9 '-j Jean aylor I f Ten ast High Street Car Isle, PA 17013 (717) 243-3341 Dated: November 19,2004 ", j . , -;:' T~1 ~- ::-'"':: -) Si:t ..-j M"1' . _, '\ i \ .. ;.:..:. ~.' - !",) !"J -r"' -, , _on --,'. -.- " ()': \J, ~ ....:... ~ , l':',FIUS[)i\ T.'\FjIY'Dic'kinsuIlCollege761 '!\((}lkcli"",\Curr~nl\]8J.,,rllhleJill i:ojl Cre"led 6'13,OJ Il'IlS.'\M Revised 3(:'11) ~..16PM 761'!C23J David R. Galloway, Esquire LD. No. 87326 Ten East High Street Carlisle, P A 17013-3093 (717) 243-3341 Attorneys for Plaintiff DICKINSON COLLEGE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 03-2477 CIVIL ACTION-LAW GEORGE W. COLE, Defendant JURY TRIAL OF TWELVE DEMANDED AFFIDAVIT OF DUE DILIGENCE TO THE PROTHONOTARY: Please see the attached Affidavit of Service showing the attempts made to serve the Complaint. The cost ofthe attempted service was $30.00. Respectfully Submitted, By David R. Galloway, Esquire Attorney LD. 87326 10 East High Street Carlisle, PA 17013 (717) 243-3341 WILLIAMS & OTTO Attorneys for Plaintiff Date: March 3, 2005 ~ Attorney or Party without Attorney: MARTSON DEARDOFF WILLIAMS & OTTO , TEN FAST HIGH STREET CARLISLE, PA 17013 Case No: Doc. No: 5918 3900502150051 COUNTY OF LOS ANGELES SHERIFF'S DEPARTMENT Court: COMMON County: CUMBERLAND DICKINSON COLLEGE VS COLE, STATE OF CALIFORNIA State: PENNSYLVANIA GEORGE W. AFFIDAVIT OF SERVICE I certify that LINDA A. BENSON being first duly sworn, deposes and says: That he is a regularly appointed, qualified deputy Sheriff of the said County of Los Angeles, in the State of California, and over the age of twenty-one years, not a party to the action or related to either party, nor an attorney for a party, nor in any way interested in the within named action, and authorized to serve civil process CIVIL ACTION-LAW within the judicial district in which the address specified is situated, process is being returned without service for the following reason(s) : PER APT. MGR, DEFT.IS UNKNOWN, NOT A CURRENT TENANT. Small Claims actions: If Not Found Fees are charged, you should file this notice with the court clerk before any hearing is held to recover costs incurred. The unused portion of your fee deposit is in the process of being refunded A new fee ( X ) deposit is required for any future service. 02/18/05 attempts at Personal Service: TIME ADDRESS 06:31 AM 414 2ND STREET, APT 133 HERMOSA BEACH, CA 90254 N/A AT DOOR. NEWSPAPER ON DOORSTEP. 05:37 AM 414 2ND STREET, APT 133 HERMOSA BEACH. CA 90254 A SECURE LOCATION, UNABLE TO ENTER. CAL NO DIRECTORY POSTED 414 2ND STREET, APT 133 HERMOSA BEACH, CA 90254 GAINED ENTRY,N/A AT DOOR,NEWSPAPER ON DOORSTEP. LE ASING OFFICE CLOSED 04:45 PM 414 2ND STREET, APT 133 HERMOSA BEACH, CA 90254 MGR, DEFT.IS UNKNOWN, NOT A CURRENT TENAN ADDRESS IS L BOX B/O. 12:45 PM Diligent DATE 02/16/05 02/17/05 02/18/05 PER APT. T. 8. FEE FOR SERVICE:$ 30.00 NOTARY: Deputy LINDA A. BENSON SHERIFF'S OFFICE 825 MAPLE AVE TORRANCE, CA 90503 (310)222-3345 COUNTY CLERK: TOTAL:$ 30.00 " LEROY D .", B~/;Y, S"H"ERI, FF /)( By: ____::c~.::..-c~_.::LUJc_.::'_=::c_"'_________________ . Deputy Sheriff On ____________.___~_____ the undersigned personally appeared and is known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that (s)he executed the same in their official capacity and that by their signature on the instrument, (s)he executed the instrument. . Actorney or Party without Attorney: MARTSON DEARDOFF WILLIAMS & OTTO , TEN EAST HIGH STREET CARLISLE, PA 17013 COUNTY OF LOS Court: COMMON Additional Documents: EXHIBITS A-D ANGELES SHERIFF'S DEPARTMENT County: CUMBERLAND DICKINSON COLLEGE VS COLE, Case No: 5918 Doc. No: 3900502150051 STATE OF CALIFORNIA State: PENNSYLVANIA GEORGE W. , ' ~, .;;,) ,-"'-~. ) c." ::>:'; c,') -\) , w f',' ('00' o F: \FILES\DA T AFILE\DickinsonCollegc7619\ColledionsICurrent\ 160lpral21nlm Creatcd:21211039:16:29AM Revised: 7/25i05 S:51:09 AM 7619C61 , David R. Galloway, Esquire LD. No. 87326 MARTS ON DEARDORFF WILLIAMS & OTTO 10 E. High Street Carlisle, P A 17013 (717) 243-3341 Attorneys for Plaintiff DICKINSON COLLEGE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 03-2477 CNIL ACTION-LAW MARC E. MICKEL, MARILYN K. SMITH & JENNIFER MICKEL Defendants JURY TRIAL OF TWELVE DEMANDED PRAECIPE TO SETTLE. DISCONTINUE AND END MATTER AGAINST MARC E. MICKEL Plaintiff requests the above-captioned matter against MARC E. MICKEL, only, be marked settled, discontinued and ended. MARTSON DEARDORFF WILLIAMS & OTTO BY~ .I.^1 David R. Gal ay, f-\quire I. D. Number 87326 \ 10 E. High Street Carlisle, P A 17013 (717) 243-3341 Date: July 26, 2005 Attorneys for Plaintiff CERTIFICATE OF SERVICE I, Melissa A. Mowery, 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, P A, first class mail, postage prepaid, addressed as follows: Allen Andrascik, Esquire 2601 Darlington Road P.O. Box 1555 Beaver Falls, PA 15010 Ms. Marilyn Smith 513 Grove Street Sewickley, PA 15143-1233 MARTS ON DEARDORFF WILLIAMS & OTTO By~f:vnz, O~i(,)()~ Melissa A. Mowery Ten East High Street Carlisle, P A 17013 (717) 243-3341 Dated: July 26, 2005 ~ ~. V\ () r-' = 0 c~ = en -n C> t_ --1 ..=: :r:....... . r.-- n1p:: - ~ N :qt:.~ ......... ~ ~ C"\ :'-.;(1) 1:0- -::::1;.: ~. --l 1: ,; ('-~~ ~ C) c {:-? "jrn :'-::.~ ~\ Q :2 :D' ;:,j \: C:,I .."", '" '"