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7619C172
DICKINSON COLLEGE,
Plaintiff
LINDA E. POLK and
KACI D. POLK,
Defendants
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. O3- g' 73
CiVIL ACTION-LAW
JURY TRIAL OF TWELVE DEMANDED
NOTICE
You have been sued in court. If you wish to defend against the claims set forth in the
following pages, you must take action within twenty (20) days after this Complaint and Notice are
served, by entering a written appearance personally or by attorney and filing in writing with the court
your defenses or objections to the claims set forth against you. You are warned that if you fail to do
so, the case may proceed without you and a judgment may be entered against you by the court
without further notice for any money claimed in the Complaint or for any other claim or relief
requested by the Plaintiffs. You may lose money or property or other fights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. 1F 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
MARfSO~R~I~~LIAIVIS & OTTO
David R. Gallow~J,J~s'~- ~
I.D. No. 87326
Ten East High Street
Carlisle, PA 17013
(717) 243-3341
Date: c~/~,~/t~3 Attomeys for Plaintiff
DICKINSON COLLEGE,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
LINDA E. POLK and
KACI D. POLK,
Defendants
: NO. ~o3 ~ ,z. 773
: CIVIL ACTION-LAW
JURY TRIAL OF TWELVE DEMANDED
COMPLA/NT
AND NOW, coroes 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, Linda E. Polk, (hereinafter "Parent"), is an adult individuals residing with a
last known address of 359 East 163rd Street, Bronx, Bronx County, New York 10451.
3. Defendant, Kaci D. Polk, (hereinafter "Student"), is an adult individual with a last known
address of 359 East 163rd Street, Bronx, Bronx County, New York 10451.
4. On or about August 6, 1996, Parent and Student entered into a Promissory Note (Note
#1) with Plaintiff for the financing of $2,000.00, plus interest and costs by Parent and Student on their
own behalf, for educational services and benefits to Student at Plaintiffs institution. A copy of Note #1
is attached hereto as Exhibit "A."
5. On or about August 26, 1996, Student entered into a Proroissory Note - Federal Perkins
Loan Program (Note #2) with Plaintiff for the financing of $2,000.00, plus interest and costs by Student
on her own behalf, for educational services and benefits to her at Plaintiff's institution. A copy of Note
#2 is attached hereto as Exhibit "B."
6. Note #2 was created under Part E of Title W of the Higher Education Act of 1965 as
amended, (hereinafter the "Act") and is subject to the Act and the Federal Regulations issued under the
Act.
7. As provided in the Act, Plaintiff acts in a fiduciary capacity in the handling, disbursing
and collecting of funds associated with the programs under the Act.
8. The total collective principle balance for Note #1 and Note #2 is $4,000.00.
9. Note #1 and Note #2 grant Plaintiff reasonable collection and attomeys' fees which
Plaintiff has calculated to be $600.00.
10. As °fMay 20, 2003, the principal and interest due and payable by Parent to Plaintiffwas
$2,195.26, plus interest in the amount of $.29 per day.
11. As of May 20, 2003, the principal and imerest due and payable by Student to Plaintiff was
$4,066.94, plus interest in the amount of $.52 per day.
12. The outstanding balance of $4,066.94 represents the total and actual overdue value of the
financing provided to Parent and Student under Note #1 and Note #2 for which they have yet to pay.
13. Plaintiff fulfilled, performed and complied with all obligations and conditions of Note
#1 and Note #2.
COUNT I
_BREACH OF CONTRACT v. KACI D. POLK
14. Plaintiff hereby incorporates by reference the averments contained in Paragraphs 1
through 13 of this Complaint.
15. Student breached the expressed and implied obligations, conditions and terms of
agreement of Note #1 and Note #2 by failing to pay the amounts financed therein.
WHEREFORE, Plaintiff demands judgment against Defendant, Kaci D. Polk, in the amount of
$4,066.94, plus interest in the amount of $.52 per day, collection and attorneys' fees in the amount of
$600.00 and costs of suit.
COUNT I1
_BREACH OF CONTRACT v. LINDA E. POLK
16. Plaintiff hereby incorporates by reference the averments contained in Paragraphs 1
through 15 of this Complaint.
17. Parent breached the expressed and implied obligations, conditions and terms of agreement
of Note #1 by failing to pay the amounts financed therein.
WHEREFORE, Plaintiffdemands judgment against Defendant, Linda E. Polk, in the amount of
$2,195.26, plus interest in the amount of $.29 per day, collection and attorneys' fees in the amount of
$600.00 and costs of suit.
COUNT HI
IN (g UAN TUM MER Ui T
18. Plaintiff hereby incorporates by reference the averments contained in Paragraphs 1
through 17 of this Complaint.
19. Having requested Plaintiff to loan money, and doing so to the benefit of Student, Student
became liable to Plaintiff for said money.
20. Student has been unjustly enriched by accepting said money without paying Plaintiff
reasonable compensation therefor.
21. The total amount by which Student has become enriched is $4,066.94, plus interest in the
amount of $.52 per day.
WHEREFORE, Plaintiff demands judgment against Defendant, Kaci D. Polk, in the amount of
$4,066.94, plus interest in the amount of $.52 per day, collection and attorneys' fees in the amount of
$600.00 and costs of suit.
Date:
MARTSON DEARDORFF WILLIAMS & OTTO
BYi)avid R. Galloway- '~x~ A
Carlisle, PA 17013-3093
(717) 243-3341
Attorneys for Plaintiff
Exhibit A
DICKINSON COLLEGE FLEXIBLE FINANCING SYSTEM - PLAN B
EDUCATIONAL GOODS AND SERVICES RETAIL INSTALLMENT CONTRACT
15
August 6, 1996
Seller:
Buyer(s):
Dickinson College,
Linda E. Polk
359 East 163rd st.
Bronx NY 10451
Carlisle, Pennsylvania 17013-2896
If there is more than one Buyer, each of you will be obligated, jointly and severally, f~
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 Kaci Polk (hereinafter "Student..) during his/her enrollmer
at Dickinson College during the 1996-1997 academic year, including tuition, room and board, book
and supplies as herein stated (hereinafter the "Goods and Services.,).
The GOods and Services shall include only tuition, room and board.
II. TERMS OF PAYMENT AND PAYMENT SCHEDULE
Disclosures Required by Federal Law
ANNUAL PERCENTAGE
RATE:*
Cost of credit as
yearly rate
9.25 %
FINANCE CHARGE:
Dollar amount
credit will
cost buyer
$ 1,401.76
AMOUNT FINANCED:
Amount of credit
provided by
Dickinson College
$ 2,000.00
TOTAL OF
PAYMENTS:
Amount paid by
Buyer as total of
all scheduled
payments
$ 3,401.76
TOTAL SALE
PRICE:
Total cost of
purchase on
credit, including
down payment of
$ 24,410.00
$ 26,410.00
EXHIBIT "A"
2
Rev 8/96
Suyer's payment schedule will be as follows:
Number of Payments~ount of Pa ments
152 22.38
When Payments are Due
Monthly commencing 9/28/96 until 05/28/09
*Variable Rate:
Late Charge:
Prepayment:
The ANNUAL PERCENTAGE RATE disclosed above is a ~ 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 $2,000.00 at 9.25% per annum
for 152 months and the prime rate plus 1% were increased to 10.25%,
your regular monthly payments would increase to $23.55. 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
Installment Sales Act.
Service
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
part, without penalty.
SEE SECTION VI OF THE CONTRACT BELOW FOR ANY ADDITIONAL INFORMATION ABOUT NON-PAYMENT, DEFAULT AN~
REQUIRED REPAYMENT BEFORE THE SCHEDULED DATE FOR REPAYMENT OF THE AMOUNT FINANCED.
· III. ITEMIZATION OF AMOUNT FINANCED
1. Cash price of Goods and Services:
2. Total down payment:
3. Unpaid balance of cash price (1 - 2):
4. Amount paid to others on Buyer's behalf:
5. Amount Financed (3 + 4):
26,410.0£
24,410.0£
2,000.0£
2,000.0C
2
V. 'CREDIT INSUP~ANCE
Credit life insurance for the term of this Contract is not required.
V. NO WARRANTIES
THERE AR~ NO WAR/~%NTIES, 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
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:
P.O. Box 64974
St. Paul, MN 55164-0974
2. Suyer'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. Suyer 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 Suyer of crime involving fraud
or dishonesty,
(f) insolvency or bankruptcy of any Suyer.
4. Upon or after the occurrence of any Event of Default, Seller will provide Suyer
with notice, by certified mail as required by law, addressed to Suyer's last
known address as shown on Seller's records, advising Suyer of the default and of
- -u~= the default. Th~ notice will provide the time, ~aount and
performance necessary to cure the default. If Suyer 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 Suyer agrees to
pay all attorney,s fees and other reasonable collection costs and charges
necessary for the collection of any amount not paid when due.
Waiver by Seller of any Event of Default shall not be binding upon Seller if
Seller should thereafter choose to exercise that or any other right or a similar
Event of Default occurs later. All Seller's rights and remedies shall be
cumulative. Seller's exercise of one or more rights shall not cause Seller to
lose any other rights.
This Contract is freely assignable by Seller. Suyer agrees that upon receiving
notice of the assignment Suyer shall be obligated to the Assignee of this
3
Contract, which Assignee shall have ail of Seller's right 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. ~u~: 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. ~ JUP~TIO~ VE
consent and acree th=~ ~ .~[U~_AND~: The parties to this Agreement
.... axa 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 proces~ 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,
assSgns and legal representatives.
11. TIM~ IS OF THE ESSENCE OF THIS CONTRACT.
NOTICE: ANy HOLDER OF THIS CONSUltER CP~EDIT CONTRACT IS SUBJECT TO ALL CLAIMs AND
DEFENSES W~ICH THE DEBTOR COULD ASSERT AGAINST THE SELLER OF GOODs OR SERVICES OBTAINED
PURSUANT HERETO OR WITH THE PROCEEDS HEREOF. RECOVeRy HEREUNDER BY THE DESTOR S~ALL
NOT EXCEED AMOUNTS PAID BY THE DEBTOR HEREUNDER.
NOTICE TO BUYER: (1) DO NOT SIGN THIS AGREEMENT BEFORE YOU READ IT OR IF IT CONTAINS
ANy BLANK SPACE. (2) YOU ARE ENTITLED TO A COMPLETELY FILLED-IN COpy OF THIS
AGREEMENT. (3) UNDER THE LAW, YOU HAVE THE RIGHT TO PAY OFF IN ADVANCE THE FULL
AMOUNT DUE AND UNDER CERTAIN CONDITIONS TO OSTAIN A PARTIAL REFUND OF THE FINANCE
CHARGE.
BUYER(S) ACKNOWLEDGE(S) RECEIVING A COMP .
TO BE LEGALLY BOUND BY ITS T~S. LETED/~opy OF THIS CONTRACT AND INTEND(s)
DATE:
I AGREE TO REPAy ALL AMOUNTs DUE ON THIs LOAN IF THE BORROWER(S)/BUYER(S) FAILS
TO DO SO IN ACCORDANCE WITH T~E TERMS OF THE NOTE:
9~%NSCRIpT OF A STUDENT 'S RECORD WII~L NOT BE REI~Q~SED
IF LOAIq PAYMENTS TO THE COLT.~E ~ IN ARREARS OR
DEFAULT.
DICKINSON COLLEGE
Exhibit B
FEDERAL PERKINS LOAN
PROMISSORY NOTE
1. Name (last, first, middle initial) and
Permanent Address (s~'eet, city, state, zip code)
Polk, Kaci D.
3. Date of Birth
4. Area Code/Telephone Number
5. Driver's Ucense Number (List state abbreviation first)
6. SchoolName&Ad~ess(s~eet, city, state, zipcode)
P.O. B~x 1773
C~l i~le, PA 17013-2896
7. Borrower Status 8. Interest Rate
9. Loan Amount: ~0. Period
$2 000.00 1996-97
TERMS AND CONDITIONS:
APPLICABLE LAW - The terms of this note and any dlsbutsernenta ntade under this note shall b~ interpreted In accordance with Part E of Title IV of the Higher
Education Act of 1965, as amended (hereinafter called tJ~ Act). as well as Federal regulations issued under the Act. All sums advanced under this note are subject to the
Act and Federal regulations issued under the Act,
REPAYMENT - [ am obligated to repay the principal and the interest that accrues on it to the above*named institution {hereinafter called the school) over a period
beginning 9 months (or sooner if I am a less than a half-time borrower) after the date I cease to be at least a half-time student at an Institution of higher education or a
comparable school outside the United States approved by the United States Secretary of Education (herelnal~ter called the Secretary) and ending l0 years later, unless I
request in writing that my repayment period begin sooner. I understand that the school will report the amount of my installment payments, along with the amount of this
loan to a national credit bureau. Interest on this loan shall accrue from the beginning of the repayment period. My repayment period may be shorter than I 0 years il' I am
requLred by my school to make minimum monthly paymenLs. Upon my written request my repayment period may be extended during periods of deferment, hardship, or
REQUESTS FOR DEFERMEN'E CANCELLATION OR FORBEARANCE - To receive deferment, cancellation, or forbearance benefits, I must make a written request
LOAN(S) THAT MUST BE REPAID
Borrower's Signature EXHIBIT "B" Date:
Terms and Conditions (cont.)
HARDSHIP REPAYMENT OPTIONS - Upon my written request, ff
qualify as a low-income individual during the repayment period, the school
may extend the repayment period for up to an additional ten (10) yeats and
may adjust any ~payment schedule to reflect my income. Upon my written
request, the school may extend the repayment period if. in its opinion,
prolonged fllne~ or unemployment prevent me from making the scheduled
repayments during which time interest will continue to accrue. The school
may pe~nit me to pay less than the minimum montnly repayment rate for a
period of not more than one year at a time Lc I experience a period of
prolonged illness or unemployment except such action may not extend the
repayment period beyond 10 years.
GRACE PERIODS - My initial grace period before beginning repayment is 9
months. If I am a Less-Than-Half-Time Borrower with outstanding Federal
Perkins Loans, my repayment begins when the next scheduled installment of
my outstanding loan is due. If I am a Le~-Than-Half-'I'rme Borrower with no
outstanding Federal Perkins Loam, my repayment begins the earlier of: O
months from the date my loan wm made, or § months from the date I became
less than a half-time student, even ff I received the loan after I became a
than half-time student. My payments will n~urne after a post-defea-ment grace
period of 6 months that follows deferments that apply to Federal Perkins
loans.
PREPAYMENT - I may prepay all or any part of my unpaid loan balance.
plus any accrued interest, at any time without penalty. Amounts I repay in the
academic year in which the loan was made and before the initial grace period
has ended will be used to ~tuce the amount of the loan and will not be
con.~idered a prepayment. If I repay amounts during the academic year in
which the loan w~ made and the initial grace period ended, only those
amounts in exce~ of the amount due for any repayment period shall be
considered a prepayment. If, in an academic year other than the award year in
which the loan was made, ! repay more than the amount due for an install~
merit, the excess wilt be used to repay principal unless I designate it as an
ad',ance payment of the next regular installment.
MINIMUM MONTHLY PAYMENT - I will make a minimttm monthly
repayment of $40 (or $30 ff I have outstanding Federal Perkins loam made
before October 1, 19§2 that included the $30 minimum payment option)
required by the school. If the total monthly repayment rate on this loan and
any outstanding Federal Perkins loans I may have is less than the minimum
monthly repayment rate established by the scheoL the school may still requin~
a minimum monthly repayment ram. A minimum monthly repayment
amount will combine my obligation on this and all my outstanding Federal
Perkins loans, including throe made at other schools. The portion of the
minimum monthly payment that will be applied to this loan will be the
dLclea'ence between the minimum monthly payment and the total amounts
owed at a monthly rate on my other Federal Perkins loans. If each ~chonl
holding my outstanding Federal Perkins loam exercises the minimum monthly
payment option, the minimurn monthly repayment will be divided among the
schools in proportion to the amount of principal athranced by each school.
FORBEARANCE - Upon making a properly documented written request to
the school. I am enUtled to forbearance of principal and inttna~st or principal
only. renewable at intervals up to 12 months for panoda that collectively do
not exceed three years, under the following condition.s: If my monthly Title IV
loan debt burden equals or exceeds 20% of my total monthly gross income; if
the $ec*etary authorizes a period of forbearance due to a national military
mobilization or other national emergancy: or if the school determines that I
qualify due to poor health or for other reasons, including service In
AmerlCorps. Inter~t accrues during any period of forbearance.
DEFERMENTS - Upon making a properly documented .mitten request to
the school, I may defer making scheduled imtelh~ent payments and will not
be liable for any interest that might otherwise accrue 1) during any period that
I am: enrolled and attmding as a regular student in at least a haff-t~ne course
of study at an eligible school; enrolled and attending ~ a regular student a
graduate fello~tship progrmm approved by the Secretary: engaged in graduate
or post-graduate fellowship-supported study outside the US; enroUed and
attending a rehabilitation tsalnmg program for disabled individuals approved
by the Secmtery: engaged in public service that qualifies me to have part or all
of my loan canceled: 2) for a period not to exceed three years during which I
am seeking but unable to t'md full-time employment, 3) for a period not to
exceed thee years during which I am experiencing an economic hardship as
determined by the school. I am not eligible for a deferment while serving in a
medical internship or residency program. I may continue to defer making
scheduled installment payments and will not be [table for any interest that
might otherwise accrae for a six-month period tromediately following the
expiration of any deferment period de~zribed in this paragraph.
CAIqCELLATIONS - Upon making a properly documented written request
to the school. I am entitled to have up to 100% of the original principal loan
amount of rims loan canceled LC I perform qualifying service in the areas listed
in paraglaphs A, B, C, D and E below. Qualifying Service mu~ be performed
A. Teaching · a full-time teacher in a public or other nonprofit elementary or
secondary school, that has been designated by the Secretary in accordance with
the prox~sions of section 465(a)(2) of the Act as a school with a high
concentration of students from low-income families. An official Directory of
designated Iow-income schools is published annually by the Secretary. · a fllll-
time special education teacher in a public or nonprofit elementary or
secondary school system, · a full-time teacher, in a public or other nonprofit
elementary or secondary ~chool system, who teaches mathematic~, science.
foreign langnage~, bilingual education, or any other field of expertiae that is
determined by the Stele Department of Education to have a shortage of
qualified teachers in that State.
B. Early Intervention Services · a full-time qualified professional provider of
early intervention services in a public or other nonprofit program und~ public
superWion by a lead agency a~ authorized by section 6?2(2) or th~ Individuals
with Disabilities Education Act. Early Intervention Services are provided to
year.
United States Code.
volunteer under tbe Domestic Volumeer Service ),ct of 1973 (ACTION
programs).
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
tree and correct and to the best of my knowledge, information and belief. To the extent that the content
of this Complaint is that of counsel, I have relied upon counsel in making this Verification.
This statement and Verification are made subject to the penalties of 18 Pa. C.S. § 4904 relating
to unswom falsification to authorities, which provides that ifI knowingly make false averments, I may
be subject to criminal penalties.
Dickinson College
Assistant Treasurer of Dickinson College
Dated: /o//,.g/tLg
DICKINSON COLLEGE, Plaintiff
V.
LINDA E. POLK and
KACID D. POLK,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLANTD COUNTY, PENNSYLVANIA
NO. 03-2773
CIVIL ACTION-LAW
JURY TRIAL OF TWELVE DEMANDED
PRAECIPE TO DOCUMENT SERVICE AND COST OF SERVICE
PURSUANT TO THE PENNSYLVANIA LONG ARM STATUTE
I hereby certify that a copy of the Complaint was mailed to Linda E. Polk on June 16, 2003,
by certified mail, restricted delivery, return receipt requested.
Attached is the Post Office return receipt signed and dated June 25, 2003 and a copy of the
receipt showing the cost of service.
MARTSON DEAR]
I.D. No. 87326
LIAMS & OTTO
Ten East High Street
Carlisle, PA 17013-3093
(717) 243-3341
Date: July 8, 2003 Attorneys for Plaintiff
(Endorsement Required)
(Endorsement Required)
· Complete items 1,2, and 3. Alan complete
item 4 if R~tdcted Delivery is pasirsd.
· Print your name and address on the reverse
so that we can return the card to you.
· Attach this card to the back of the mailpiece,
or on the front if space permits.
1. Article Addressed to:
~)~, ,dy'/~ ~l
B. Received by ( Pflntsd Name) I C. Date of D~ive~j
~JUN2 5 2003 ~
2. ArUcle Number
O',~,,s~'~',,~,,¥~ 7001 2510 0006 5862 9572
PS Form 3811, August 2001 Do~rmstic Return Receipt 102595-01-M-0381
CERTIFICATE OF SERVICE
I, Nichole L. Myers, an authorized agent of Martson Deardorff Williams & Otto, hereby
certify that a copy of the foregoing Praecipe was served this date by depositing same in the Post
Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows:
Ms. Linda E. Polk
359 East 163rd Street
Bronx, NY 10451
Mr. Kaci D. Polk
359 East 163~d Street
Bronx, NY 10451
MARTSON DEARDORFF WILLIAMS & OTTO
Nichole L. Myers
Ten East High Street
Carlisle, PA 17013
(717) 243-3341
Dated: July 8, 2003
DICKINSON COLLEGE,
Plaintiff
LINDA E. POLK and
KACI D. POLK,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 03-2773
CIVIL ACTION-LAW
JURY TRIAL OF TWELVE DEMANDED
PRAECIPE
Please reinstate the attached Complaint against KACI D. POLK, in the above-captioned
action and return same to the undersigned for service.
MARTSON DEARDORFF WILLIAMS & OTTO
J. Jo. v
Ten East High Street
Carlisle, PA 17013-3093
(717) 243-3341
Date: December 16, 2003 Attorneys for Plaintiff
F:\FI LE S\DATA FI LE\Dicklnson College 7619/DickinsonCollegeCoilections 7619CXDocun~nt s\172 pra3/imi
Created 7/8/03 9:25AM
Rewsed 1/2/04 iI:09AM
7619C 172
DICKINSON COLLEGE, :
Plaintiff :
L1NDA E. POLK and
KACI D. POLK,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 03-2773
CIVIL ACTION-LAW
JURY TRIAl, OF TWELVE DEMANDED
PRAECIPE TO DOCUMENT SERVICE AND COST OF SERVICE
PURSUANT TO THE PENNSYLVANIA LONG ARM STATUTE
I hereby certify that a copy of the Complaint was mailed to Kaci D. Polk on December 19,
2003, by certified mail, restricted delivery, return receipt requested.
Attached is the Post Office return receipt signed and dated December 26, 2003 and a copy
of the receipt showing the cost of service was $8.38.
MARTSON DEARDORFF WILLIAMS & OTTO
I.D. No. 87326
Ten East High Street
Carlisle, PA 17013-3093
(717) 243-3341
Date: January 2, 2004 Attorneys for Plaintiff
CERTIFICATE OF SERVICE
I, Marti lben, an authorized agent ofMartson DeardorffWilliams & Otto, hereby certify that
a copy of the foregoing Praecipe was served this date by depositing same in the Post Office at
Carlisle, PA, first class mail, postage prepaid, addressed as follows:
Mr. Kaci D. Polk
P. O. Box 1659
New York, NY 10035
Bradford Dorrance, Esquire
KEEFER WOOD ALLEN & RAHAL, LLP
210 Walnut Street
P. O. Box 11963
Harrisburg, PA 17101-1708
MARTSON DEARDORFF WILLIAMS & OTTO
Marti Iben
Ten East High Street
Carlisle, PA 17013
(717) 243-3341
Dated: January 2, 2004
F:\FI LES\DATAFI L E\Dickln$ oo College 7619/Dickinso n CollegeColl~ct ions 7619C/Cu~rent\172 praMmai
Created 7/8/03 925AM
Revised: 2/25/04 II 23AM
70}9C {72
DICKINSON COLLEGE,
Plaintiff
LINDA E. POLK and
KACI D. POLK,
Defendant
1N THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANLA
NO. 03-2773
CIVIL ACTION-LAW
JURY TRIAL OF TWELVE DEMANDED
PRAECIPE
TO THEPROTHONOTARY:
Enter default judgment in the above-captioned action in favor of Plaintiff and against
Defendant, Kaci D. Polk, in the amount of $4,066.94 plus interest from May 20, 2003, in the
amount orS 146.12, attorneys' fees and costs of suit in the amount of $600.00 for a total of $4,813.06
with interest accruing thereafter at $.52 per day plus costs of suit for Defendant, Kaci D. Polk's,
failure to file an Answer to the Complaint.
I do hereby certify that a written notice of intention to file this Praecipe (in the form attached
hereto) was mailed to the Defendant at the address indicated thereon, on January 20, 2004, 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
By~~
Ten East High Street ~
Carlisle, PA 17013
(717) 243-3341
Attorneys for Plaintiff
Dated: February 27, 2004
DICKINSON COLLEGE,
Plaintiff
V.
L1NDA E. POLK and
KACI D. POLK,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 03-2773
CIVIL ACTION-LAW
JURY TRIAL OF TWELVE DEMANDED
TO: KACI D. POLK, DEFENDANT
NOTICE OF ENTRY OF DEFAULT JUDGMENT
You are hereby notified that on ~ ~7_, 2004, the following Judgment was entered against
you in the above~captioned case: [I]n th6 amount of $4,066.94 plus interest fi.om May 20, 2003 in
the amount of $146.12, attorneys' fees and costs of suit in the amount of $600.00 for a total of
$4,813,06 with interest accruing thereafter at $.52 per day plus costs of suit for Defendant's failure
to file an Answer to the Complaint.
Date:
Prothonotary dh.`'..'';
I hereby certify that the name and address of the proper person to receive this notice under
Pa. R. Civ. P. 236 is:
Mr. Kaci D. Polk
P. O. Box 1659
New York, NY 10035
DICKINSON COLLEGE,
Plaintiff
L1NDA E. POLK and
KACI D. POLK,
Defendant
TO: Kaci D. Polk, Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 03-2773
CIVIL ACTION-LAW
JURY TRIAL OF TWELVE DEMANDED
IMPORTANT NOTICE
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 MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY
LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS.
Y~OU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS
OFFICE CAN PROV1DE YOU WITH INFORMATION ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO
PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL
SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
Cumberland County Lawyer Referral Service
Cumberland County Bar Association
32 South Bedford Street
Carlisle, PA 17013
Telephone:(717) 249-3166
MARTSON DEARDORFF WILLIAMS & OTTO
By
David R. Galloway, Esquire
Ten East High Street
Carlisle, PA 17013
(717) 243-3341
Attorneys for Plaintiff
Dated: January 20, 2004
U.S. POSTAL SERVICE CERTIFICATE OF MAILING
MAY BE USED FOR DOMESTIC AND INTERNATIONAL MA~L, DOES NOT
PROVIDE FOR INSURANCE-POSTMASTER
PS Form 3817, Janua~ 2001
CERTIFICATE OF SERVICE
I, Marti lben, an authorized agent of MARTSON DEARDORFF WILLIAMS & OTTO,
hereby certify that a copy of the foregoing Praecipe was served this date by depositing same in the
Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows:
Mr. Kaci D. Polk
P. O. Box 1659
New York, NY 10035
Bradford Dorrance, Esquire
KEEFER WOOD ALLEN & RAHAL, LLP
210 Walnut Street
P. O. Box 11963
Harrisburg, PA 17101-1708
MARTSON DEARDORFF WILLIAMS & OTTO
By
Marti Iben
Ten East High Street
Carlisle, PA 17013
(717) 243-3341
Dated: February 27, 2004
F:/FILES/DATAFILE/Dickinson College 7619\Dickh~onColleg~Collectiona7619C~Cu~ent\172pra7/nlm
Created: 9/13/04 9:45AM
7619C 172
DICKINSON COLLEGE,
Plaintiff
LINDA E. POLK and
KACI D. POLK,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAI'ED COUNTY, PENNSYLVANIA
NO. 03-2773
CIVIL ACTION-LAW
JURY TRIAL OF TWELVE DEMANDED
PRAECIPE TO SETTLE, DISCONTII~[UE & END
Kindly mark the judgment against Kaci D. Polk in the above-captioned case satisfied and
issue a certificate reflecting the same and mark the above-captioned case settled, discontinued and
ended against Linda E. Polk only.
Date: September 15, 2004
~LIAMS & OTTO
DavidR. Gallo~va~y,'L~quire ~k
I.D. Number 87326
10 East High Street
Carlisle, PA 17013-3093
(717) 243-3341
Attorneys for Plaintiff
CERTIFICATE OF SERVICE
I, Nichole L. Myers, an authorized agent for Martson Deardorff Williams & Otto, hereby
certify that a copy of the foregoing Praecipe was served this date by depositing same in the Post
Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows:
Mr. Kaci D. Polk
P.O. Box 1659
New York, NY 10035
Bradford Dorrance, Esquire
KEEFER WOOD ALLEN & RAHA.L, LLP
210 Walnut Street
P. O. Box 11963
Harrisburg, PA 17101-1708
MARTSON DEARDORFF WILLIAMS & OTTO
NichOle L. Myers d' -
10 East High Street
Carlisle, PA 15'013
(717) 243-3341
Dated: September 15, 2004
David R. Galloway, Esquire
I.D. Number 87326
10 East High Street
Carlisle, PA 17013-3093
(717) 243-3341
Attorneys for Plaintiff
DICKINSON COLLEGE,
IN THE COURT OF COMMON PLEAS OF
Plaintiff
LINDA E. POLK and
KACI D. POLK,
Defendant
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 03-2773
CIVIL ACTION-LAW
JURY TRIAL OF TWELVE DEMANDED
PETITION TO MARK CASE SETTLED, DISCONTINUED AND ENDED
WITH PREJUDICE
AND NOW, comes Plaintiff, Dickinson College, by and through its attorneys, MARTSON
DEARDORFF WILLIAMS & OTTO, and petitions the Court as follows:
1. Plaintiff filed a Complaint against Defendants on or about June 13, 2003.
2. A Default Judgment was entered against Defendant, Kaci D. Polk, on February 27,
2004.
3. Following a settlement with both Defendants, Plaintiff filed a Praecipe to Settle,
Discontinue and End requesting that the judgment against Kaci D. Polk be satisfied and the
remaining action against Linda E. Polk be settled, discontinued and ended. A copy of that Praecipe
is attached hereto as Exhibit "A."
4. At this time, the parties request that the above-captioned case against Linda E. Polk
be marked settled, discontinued and ended with prejudice.
5. Defendant, Linda E. Polk, by and through her counsel, Bradford Dorrance, Esquire,
concur in this Petition.
WHEREFORE, Plaintiffrequests the above-action be marked settled, discontinued and ended
with prejudice as it pertains to Linda E. Polk.
~RFF_WlLLIAMS & OTTO
· Gall'~squi}e
I.D. Number 873~6, \
10 East High Str~,et
Carlisle, PA 170][3~3093
(717) 243-3341
Attorneys for Plaintiff
DICKINSON COLLEGE,
Plaintiff
LINDA E. POLK and
KACI D. POLK,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 03-2773
CIVIL ACTION-LAW
JURY TRIAL OF TWELVE DEMANDED
_PRAECIPE TO SETTLE, DISCONTINUE & END
Kindly mark the judgment against Kaci D. Polk in the above-captioned case satisfied and
issue a certificate reflecting the same and mark the above-captioned case settled, discontinued and
ended against Linda E. Polk only.
Date: September 15, 2004
~.~ON .~J[R~ ~IAMs & OTTO
David R. Gallou/
I.D. Number 8732~,,/' ~qmre ~ -- -
10 East Hi~ Street
Cmlisle, PA 17013-3093
(717) 243-3341
Attorneys for Plaintiff
Exhibit "A"
CERTIFICATE OF SERVICI~
I, Nichole L. Myers, an authorized agent for Martson Deardorff Williams & Otto, hereby
certify that a copy of the foregoing Praecipe was served this date by depositing same in the Post
Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows:
Mr. Kaci D. Polk
P. O. Box 1659
New York, NY 10035
Bradford Dorrance, Esquire
KEEFER WOOD ALLEN & RAHAL, LLP
210 Walnut Street
P. O. Box 11963
Harrisburg, PA 17101-1708
MARTSON DEARDORFF WILLIAMS & OTTO
By_
Nichole L. Myers - d' - --
10 East High Street
Carlisle, PA 17013
(717) 243-3341
Dated: September 15, 2004
CERTIFICATE OF SERVICE_
I, Nichole L. Myers, an authorized agent for Martson Deardorff Williams & Otto, hereby
certify that a copy of the foregoing Petition was served this date by depositing same in the Post
Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows:
Mr. Kaci D. Polk
P. O. Box 1659
New York, NY 10035
Bradford Dorrance, Esquire
KEEFER WOOD ALLEN & RAHAL, LLP
210 Walnut Street
P. O. Box 11963
Harrisburg, PA 17101-1708
MARTSON DEARDORFF WILLIAMS & OTTO
Nichole L. Myers '~
10 East High Street
Carlisle, PA 1701:3
(717) 243-3341
Dated:
) c_-~ Ct)
OCI 12 2004 ~
DICKINSON COLLEGE,
Plaintiff
LINDA E. POLK and
KACI D. POLK,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 03-2773
C1VIL ACTION-LAW
JURY TRIAL OF TWELVE DEMANDED
ORDER
AND NOW, this [_%'/~ dayof t96-]t, ,2004, it is hereby ordered that the
Prothonotary shall mark the above case settled, discontinued and ended with prejudice as against
Linda E. Polk.
BY THE COURT