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Home My WebLink About03-3260 F:\FILES\DA TAFILE\Dickinson College 7619\DickinsonCol1egeCollections7619C\Documents\109.coml/cny Created 5!71032:8:47PM Revisoo: 7/9/032:3858 PM 7619CI09 v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03- 3IJ.f.oD Ci~tI CIVIL ACTION-LAW DICKINSON COLLEGE, '-<~-, '-. Plaintiff JOHN T. DICKEY and JOHN E. DICKEY, 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 By David R. Galloway, Esquire I.D. No. 87326 Ten East High Street Carlisle, P A 17013 (717) 243-3341 Date: 7ll/o3 Attorneys for Plaintiff v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYL V ANIA NO. 03. 32(,0 (!;;...e ~ CIVIL ACTION-LAW DICKJNSON COLLEGE, Plaintiff JOHN T. DICKEY and JOHN E. DICKEY, 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, Cwnberland County, Pennsylvania 17013. 2. Defendant, John T. Dickey, (hereinafter "Parent"), is an adult individual with a last known address of 44 East Maple Avenue, Burlington County, New Jersey 08057. 3. Defendant, John E. Dickey, (hereinafter "Student"), is an adult individual with a last known address of 1401 Palmetto Ave., Daytona Beach, Florida 32114. 4. On or about April1 0, 1998, Parent and Student entered into a Promissory Note (Note #1) with Plaintiff. A copy of Note #1 is attached hereto as Exhibit "A." 5. Note #1 provided for the financing of $9,000.00, plus interest and costs by Parent and Student for educational services and benefits to Student at Plaintiff's institution. 6. The principal balance for Note #1 was $9,000.00. 7. Note #1 grants Plaintiff reasonable collection and attorneys' fees which Plaintiff has calculated to be $1,350.00. 8. As of May 28, 2003, the principal and interest due and payable by Parent and Student to Plaintiff was $11,772.00 with interest accruing in the amount of$1.39 per day. 9. Parents and Student stopped making monthly payments on Note #1 on or about July 20, 1999. 10. The outstanding balance of$11,772.00 represents the total and actual overdue value of the financing provided to Parent and Student under Note # 1 for which they have yet to pay. 11. Plaintiff fulfilled, performed and complied with all obligations and conditions of Note #1. COUNT I BREACH OF CONTRACT Dickinson ColIel:e v. John T. Dickev & John E. Dickey 12. Plaintiff hereby incorporates by reference the averments contained in Paragraphs 1 through 11 of this Complaint. 13. Plaintiffhas fulfilled, performed and complied with all obligations and conditions ofNote #1. 14. Parent and Student breached the expressed and implied obligations, conditions and terms of agreement of Note #1 by failing to pay the amounts financed therein. WHEREFORE, Plaintiff demands judgment against Defendants in the amount of $11,772.00, plus interest in the amount of$1.39 per day from May 28,2003, collection and attorneys' fees in the amount of$1,350.00 and costs of suit. COUNT II IN QUANTUM MERUIT Dickinson ColIel!e v. John E. Dickev 15. Plaintiff hereby incorporates by reference the averments contained in Paragraphs 1 through 14 of this Complaint. 16. Having requested Plaintiff to loan money, and doing so to the benefit of Stude nt, Student became liable to Plaintiff for said money. 17. Student has been unjustly enriched by accepting said money without paying Plaintiff reasonable compensation therefor. 18. The total amount by which Student has become enriched is $11,772.00, plus interest in the amount of$1.39 per day from May 28,2003. WHEREFORE, Plaintiff demands judgment against Defendant, John E. Dickey, in the amount of$ll ,772.00, plus interest in the amount of$1.39 per day from May 28, 2003, collection and attorneys' fees in the amount of$1,350.00 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: 7/9/03 Exhibit A /'J,),p-Oj DICKINSON COLLEGE FLEXIBLE FINANCING SYSTEM - PLAN B EDUCATIONAL GOODS AND SERVICES RETAIL INSTALLMENT CONTRACT Date: April 10, 1998 1. Seller: Dickinson College, Carlisle, Pennsylvania 17013-2896 Buyer( s): John T. Dickey 44 E. Maple Ave. Moorestown NJ 08057 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 John E. Dickey (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 $23,910.00 9.50% $4,975.20 $9,000.00 $13,975.20 $27,290.00 EXHIBIT "A" Number of Payments 120 *Variable Rate: Late Charge: Prepayment: Buyer's payment schedule will be as follows: Amount of Payments When Payments are Due $116.46 MontWy commencing 5/28/98 until OS/28/08. 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 $9,000.00 at 9.50% per annum for 120 months, and the prime rate plus 1 % were increased to 10.50%, your regular montWy payments would increase to $121.44. 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 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: $ 27,290.00 2. Total down payment: 18,290.00 3. Unpaid balance of cash price (1 - 2): 9,000.00 4. Amount paid to others on Buyer's behalf: -o- S. Amount Financed (3 + 4): $ 9,000.00 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 ofthe amounts due on this Contract in advance oftheir 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 occulTence of any ofthe 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, (!) insolvency or bankruptcy orany 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 iIIegal, 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. I I. 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 COMPLETELY FILLED-IN COpy OF THIS AGREEMENT. (3) UNDER THE LAW, 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) ACKNOWLEDGE(S) RECEIVING A COMPLETED COPY OF THIS CONTRACT AND INTEND(S) TO /1,1 I BE LEGALLY BOUND BY ITS TERMS. i'" / / ! BUYER(S): <::: - "J " (/L V .......'--~... \ , i I AGREE TO REPAY ALL AMOUNTS DUE ON THIS LOAN IF THE BORROWER(S)/BUYER(S) FAILS TO DO SO IN ACCORDANCE WITH THE TERMS OF THE NOTF/A (\ "'UD"" COffiGNffi ,\['-KIA fJ-~)aCI TRANSCRIPT OF A STUDENT'S RECORD WILL NOT BE RELEASED IF ujAJil PAYMENTS TO THE COLLEGE ARE IN ARREARS OR DEFAULT. DATE: DICKINSON COLLEGE '-(-to-Cfe, BY ~~ /eJ) I' I h' ",/ V.) I ( r ('(1 ,-, }L ! 1/ ;) - 2(,. - / 3 1/ D 4 ) ( !" c: , . Crri/ ': "c,1I I Ii :1, - 'i}! - 'f -Yi7 VERIFICATION I, THOMAS MEYER, Assistant Treasurer of Dickinson College, acknowledge that I have the authority to execute this Verification on behalf of Dickinson College and certifY that the foregoing Complaint is based upon information which has been gathered by my counsel in the preparation of this lawsuit. The language of this Complaint is that of counsel and not my own. I have read the document and to the extent that this Complaint is based upon information which I have given to my counsel, it is true and correct and to the best of my knowledge, information and belief. To the extent that the content of this Complaint is that of counsel, I have relied upon counsel in making this Verification. This statement and Verification are made subject to the penalties of 18 Pa. C.S. 9 4904 relating to unsworn falsification to authorities, which provides that in knowingly make false averments, I may be subject to criminal penalties. Dickinson College p,., Thomas Meyer Assistant Treasurer of Dickinson College Dated: 7/9/03 F:\FILES\DA T AALE\Dickinson College 7619\DickinsonCollegcCol1ections7619C\Docum:nts\ I 09.com I ~ ~ '- w "'l) ~ 'J:\ ~ ~ "'"" VI '1', V) Cl - -.... ~ ---= ~ 3 "0 <:: <f- a ~ ,0 ?~: -0' I ~ ~- (/J -< ,-- ",-' }-:'c..-< ,.:;--c :-~ -< 'j) .0 f ~ (- -' ::.'~ ,., '-'" u' ~) -< F:IFI LESIDA T A FILEIDickinson College 7619lDickinsonCollegeCollections7619C1Documents\ 135pra5/mai Crealed:6/4/03236:20PM Revised: 9/18/0311:0:01 AM 7619C-135 DICKINSON COLLEGE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 03-3260 CIVIL ACTION-LAW JOHN T. DICKEY, and JOHN E. DICKEY, Defendants JURY TRIAL OF TWELVE DEMANDED PRAECIPE TO DOCUMENT SERVICE PURSUANT TO THE PENNSYLVANIA LONG ARM STATUTE I hereby certifY that a copy of the Complaint was mailed to John T. Dickey, 7535 Maple Avenue, Merchantville, NJ 08109 on September 9,2003 by regular U.S. Mail and accepted. Attached is the Confirmation Notice from the USPS, showing service was accepted on September 11, 2003 as well as a signed Certified Mail card. MARTSON DEARD ~ David R. Gallo y, I. D. Number 87326 Ten East High Street Carlisle, PA 17013 (717) 243-3341 B Date: September 18, 2003 Attorneys for Plaintiff "';(1:' fTli.,: Z~j ;:c; (f) r: ~" ?(" ~..~~ o ~~ "'".: '''J :'1 ~ , "~.' -( :,) (.o) USPS - Track & Confirm SJJlfrT!lIm:. Page 10fl 'illii!ififfijmjiimffflilmiiiilili~injiimiiRilllllmnillllllili~lIIlimiiimfiliiiRl_lIiIlllllllllmimilil[iilililllllllliiiiiiiilili_niiiirJilnnnnllililfilnlliiiill!l!illmilmillfmlffififfiiiliiffji Track & Confirm Current Status You entered 7003 1010 0001 1201 5602 Track & Confirm Enter label number: I Your item was delivered at 10:48 am on September 11,2003 in MERCHANTVILLE, NJ 08109. . Si.~~>) Notification Options Track & Confirm FAQs . Track & Confinm by email What Is this? G.> . POSTAL INSPECTORS Preserving the Trust site map contact us government services Copyright@1999-2002 USPS. All Righb. Reserved. Terms of Use Privacy Policy . . :..J :< . -eo cj ..., .- .. ~ I ~ n ~l ~ . fi:: i 1"5~:J 00 ,. !!! il ~l . . ~ ~ "I.!II I >= ) t ~ !:!!. 11:..... F ., .. In l""1 M .. .,. .,. (h I 209S '[02'[ '[000 -,--- - -- - ---- 9/18/2003 CERTIFICATE OF SERVICE I, Marti Then, 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: John T. Dickey 7535 Maple Avenue Merchantville, NJ 08109 Francis A. Cosky, Esquire 214 W. Main Street Moorestown, NJ 08057 Attorney for Defendant MARTS ON DEARDORFF WILLIAMS & OTTO BY~'-~ Marti Then Ten East High Street Carlisle, P A 17013 (717) 243-3341 Dated: September 18, 2003 (') ~~~ =< , ") ., -. ~ w J:J -< F:\FILES\DA T AFILE\Dickinson College 7619\DickinsonCol1egeCollections7619C\Documents\109pral/mai Created: IOIIOf0202:46:50PM Revised: 10109/03 01:13:42 PM 7619cl09 DICKINSON COLLEGE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 03-3260 CIVIL ACTION-LAW JOHN T. DICKEY, and JOHN E. DICKEY, Defendants ruR.Y TRIAL OF TWELVE DEMANDED AFFIDAVIT OF NO-SERVICE Attached is the Affidavit of No-Service, signed and dated August 27, 2003, showing the cost of this attempt of service was $20.00. Date: October 9, 2003 Attorneys for Plaintiff ,.. ,. ,,--:," ,'.1';(:" .,: , " " ..~; !::- ~''< ,,~.!... ':-.. !: \;,.. ,-",\.:1 '...I .>. Co< _.i .;' .~::/J!'-.i ~I 1\[\"., ,---, , ..... ~; < j ::i"" .....,.. .<f: .i,'1 I-.ii': ~:;t F' 'Ii. ;-.ii'l' u: ., ,L. ; ".;:;!" '-:;! l-L1, !" "1":: './ .;;:. :::"'It:: I I t I , I \,'i,lL u .,~~:, i Ji',.;(:, ),-' ....-\ u~::! 'I E:-1 c ," f~;:" ;-~:_,-=:>; ',-, :~. , ~ t...: : _:' l-~;-: ~ \ .. ,~: ,,' ~"'l 1 c ;.';, n"'_, C. J.ii';:CI""i 1'r .fi :.f',' 'I j" .. :j '_.~,-l '~.'1: ," ::Jj,!Cf< n!"~!:<! ;;"j"IL: - ":1 ~- ~ rr ,i, 1-'" ;;"4." 'r. l~: in:. " ..1 .n. _, ~ .;':LI ," I ,h',!} i....,!' -~..:.:~C ..".-"'.-.,- , ~ Pl~:":"'" _'.1 ...: I': : L '..JH::'I '.-' ;:~;: ",r.'-'- c ;'\,,: I: ", .)j :1'; , L ;,! ,I ',,'1 " _L ......', ,.'" U(:\\'" i'C::I';!" :' ".. ,:' ;"C ..;;:'- f:" ~.. , .-.,ri!.. ...ii, .-:-, i_'t. I \ '~:. ~:'i..J.l": t ,,",,:. oij!,. ,." ~.j i L. ,. . ~ ::- ' .;1.., ,:.j, ~., ., ,L ~ .) -_.~.. l L~ :. :.::,Ci,: j -'i)'-', ,k.;t',i;' FiE:..C. ..r: ;'i o;,:'t.._T~ I',.; ....!. I L. I,~'; i:~: 1: " .-, ,-..\: J!-'il ",,' "J ,-- I "P::: 1'-,1,':; ')\) L ! ,-~ ~. '../ !.i , '..' ':.! :'1 ."C.,' "':' ~. '..;1 -,UL.;.:::-;] ;1.:3 ....-..., .-,' hi '\l\.:!~.( ';. t :., 'i. ",I': '1,__, 'i 1'.'-' .e_ '.~1 ~ i",'," .F-..~:.' .7 / ,'//{;;:;t,/;7 ~~:_f-.~g ,;_ /,:;,(/.0';. .= '.-, ',r - / CERTIFICATE OF SERVICE I, Marti Then, an authorized agent of Marts on Deardorff Williams & Otto, hereby certify that a copy of the foregoing Affidavit of No-Service was served this date by depositing same in the Post Office at Carlisle, P A, first class mail, postage prepaid, addressed as follows: John E. Dickey 1401 Palmetto Avenue Daytona Beach, FL 32114 MARTS ON DEARDORFF WILLIAMS & OTTO By Ln(~' ~. Marti Then Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: October 9, 2003 (') c:;:.; C) C !'. -n v. :;;: a -00) cJ ~u -; 63l 1 - .)CO lD -<: ~' !;2C ~C ):>c .' c .' ~~ " -< fv F:\FILES\DA T AFILE\Dickinson College 7619\DickinSOnCollegeColkctions7619C1Documents\ 1 09 - pra3\mai Created: 10/9/03 1:16PM Revised: 10/9/03 1:20PM 7619C109 DICKINSON COLLEGE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 03-3260 CIVIL ACTION-LAW JOHN T. DICKEY, and JOHN E. DICKEY, Defendants JURY TRIAL OF TWELVE DEMANDED PRAECIPE Please reinstate the attached Complaint to be served upon John E. Dickey, 1401 Palmetto Avenue, Daytona Beach, FL 32114 and return to our attention for Acceptance of Service. M~ryO By ~(t--. David R. Galloway, Es I. D. Number 87326 Ten East High Street Carlisle, P A 17013 (717) 243-3341 Date: October 9, 2003 Attorneys for Plaintiff (') c: -~ ".. "'Ow I'"rlr: Zee:. ~~;: ~( ~G ",0 ....C ~ ::") ., , I \..c: ',' +'0 , <~~ ~". -~.. C"-; <.rn ::~ ',~ 5:J =< ~ '" Ci F,\FILES\DATAFfLE\Dickillsoll College 76191DickinsonCollegeCollectio1lS761 9ClDocumencsll09_stiplldrg Created: 1II13/0211:27:29PM Revised: 09/22/03 02,S6:29 PM 7619c.109 DICKINSON COLLEGE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v. NO. 03-3260 CIVIL ACTION-LAW JOHN T. DICKEY, and JOHN E. DICKEY, Defendants JURY TRIAL OF TWELVE DEMANDED STIPULATION AND AGREEMENT FOR ENTRY OF JUDGMENT AND NOW, comes Plaintiff, DICKINSON COLLEGE, by and through its attorneys, MARTS ON DEARDORFF WILLIAMS & OTTO, and Defendant, JOHN T. DICKEY, who stipulate and agree as follows: 1. Pa. R.C.P. 1037(c) provides that in all cases, the Court, on motion ofa party, may enter an appropriate judgment against a party upon admission. 2. Defendant, John T. Dickey, agrees and admits that Judgment should be entered against him in favor of Plaintiff in the amount of$13,237 .37 plus costs of suit and interest accruing at $1.39 per day from date of jUdgment. 3. The parties agree that the Court, upon motion of Plaintiff, may enter Judgment pursuant to this Stipulation without issuance of a Rule to Show Cause, and without further proceedings or notice. By John T. D 7535 Map Merchan By Davl R. Galloway, Es Martson Deardorff Williams & Otto Ten East High Street Carlisle, PA 17013-3093 (717) 243-3341 Defendant Attorney for Plaintiff Date: ~l(p ItJ Date: Ilh4/D ^ CERTIFICATE OF SERVICE I, Nichole L. Myers, an authorized agent of Martson Deardorff Williams & Otto, hereby certify that a copy of the foregoing Stipulation and Agreement for Entry of Judgment was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: John T. Dickey 7535 Maple Avenue Merchantville, NJ 08109 Francis A. Cosky, Esquire 214 W. Main Street Suite 200 Moorestown, NJ 08057 MARTS ON DEARDORFF WILLIAMS & OTTO By, ./icvtcfJ. 'i) f'Y!,~f-i r Nichole L. Myers , Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: December 2, 2003 1:: ~() ~ ~ ~ - - , ~ L\ , \i 0 ~ 01\ ()'. 8 <::;> ~~ <..> Sfi ~ .0 rJl '''rf z:::r:>:'') '2 005: ' n :!i is "" C'- ""-- .... -~. ~o " 'i,~71 l8 ~ ..rc1,,; .P ~.:'f; C W',;: i5 z .. c5ni =< 0 .;;! -J 55 -< FclFlLESIDA T AFILElDickinson College 7619IDickinsonCollegeCol1ections7619C1Documents\I09.ordl/nlm Created: 6/19/034:08PM Revised: 12J2/0310:53AM 7619CI09 DICKINSON COLLEGE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 03-3260 CIVIL ACTION-LAW JOHN T. DICKEY, and JOHN E. DICKEY, Defendants JURY TRIAL OF TWELVE DEMANDED ORDER OF COURT AND NOW, thissJi. day of Dc:! c. ,2003, upon consideration of the attached Stipulation, judgment is hereby entered in favor of Plaintiff, Dickinson College, against Defendant, John T. Dickey, in the amountof$13,237.37 plus costs of suit and interest accruing at $1.39 per day from date of judgment. Prothonotary is directed to enter and index this judgment accordingly. 7TIfEtl/:1?o/! J9r Plaintiff: Vbavid R. Galloway, Esquire Ten East High Street Carlisle, PA 17013 .gefendant: .,.!ohn T. Dickey 7535 Maple Avenue Merchantville, NJ 08109 ~ J.z 'O~-03 :/ Arancis A. Cosky, Esquire 214 W. Main Street Suite 200 Moorestown, NJ 08057 'VINVi\lASNN~d ALNnr:O ("i\;~J'!~;::fiIiVnJ ~ I :Z Hd 9 - JjG SO ^b'\ilO'L):":,;,\_~_ ' .-,-L. :1'] j~Yi'(C-,'.1T;i! F: \FILES\DA T AFlLE\Dickinson College 76 I 9\DickinsonCollegeCoIlections7619C\Docwnents\ I 09.stipIldrg Created: IVI3/0211:27:29PM Revised: 09/2210302:56:29 PM 7619c,109 DICKINSON COLLEGE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 03-3260 CIVIL ACTION-LAW JOHN T. DICKEY, and JOHN E. DICKEY, Defendants JURY TRIAL OF TWELVE DEMANDED STIPULATION AND AGREEMENT FOR ENTRY OF JUDGMENT AND NOW, comes Plaintiff, DICKINSON COLLEGE, by and through its attorneys, MARTS ON DEARDORFF WILLIAMS & OTTO, and Defendant, JOHN T. DICKEY, who stipulate and agree as follows: 1. Pa. R.C.P. 1037(c) provides that in all cases, the Court, on motion ofa party, may enter an appropriate judgment against a party upon admission. 2. Defendant, John T. Dickey, agrees and admits that Judgment should be entered against him in favor of Plaintiff in the amount of$13,237.37 plus costs of suit and interest accruing at $1.39 per day from date of judgment. 3. The parties agree that the Court, upon motion of Plaintiff, may enter Judgment pursuant to this Stipulation without issuance of a Rule to Show Cause, and without further proceedings or notice. By Davl R. Galloway, Es . Martson Deardorff Williams & Otto Ten East High Street Carlisle, PA 17013-3093 (717) 243-3341 By John T. D 7535 Map Merchan Defendant Attorney for Plaintiff Date: 10 (1.0 ItJJ Date: J/h4/o^ CERTIFICATE OF SERVICE I, Nichole L. Myers, an authorized agent of Martson Deardorff Williams & Otto, hereby certifY that a copy of the foregoing Stipulation and Agreement for Entry ofJudgment was served this date by depositing same in the Post Office at Carlisle, P A, first class mail, postage prepaid, addressed as follows: John T. Dickey 7535 Maple Avenue Merchantville, NJ 08109 Francis A. Cosky, Esquire 214 W. Main Street Suite 200 Moorestown, NJ 08057 MARTSON DEARDORFF WILLIAMS & OTTO By, JicvuiJ YJ f'f'UU'1 r Nichole L. Myers () _u Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: December 2, 2003 ""b ~ ~('\ ~ ~ Q~ ~ ..... -..... , t }> \ '- '\j\ 0' -...l\ 01'\ 6' 8 c--. d?!F .~ ~ ~:rl 'I <:"'L "J ~.r;: I ~c: (,~ 18 ;g c:: <: s.:) ::< ;:, -.. ,.)'2i _~,-L to"::;:;;) , .;:;tj -.~ -" ,,)11} "-~ ~ -< F: IFlLESIDA T AF] LElDickinsonCollege76191CollectionslCurrentl 1 09. pra4 Created: 2/2/05 4;08PM Revised: 2/2/05 4:25PM 76]9C.]09 David R. Galloway, Esquire MARTS ON DEARDORFF WILLIAMS & OTTO Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff DICKINSON COLLEGE, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 03-3260 CIVIL ACTION-LAW JOHN T. DICKEY and JOHN E. DICKEY Defendants JURY TRIAL OF TWELVE DEMANDED PRAECIPE Please reinstate the attached Complaint against John E. Dickey, in the above-captioned action and return same to the undersigned for service. MARTSON DEA F WILLIAMS & OTTO B~~ David R. Gallow y, Esq 1. D. Number 87326 Ten East High Street Carlisle, PA 17013 (717) 243-334l Date: February 3,2005 Attorneys for Plaintiff , .. --, T i-,<1 <-,) ,'I ....." c;:.> f'\F1LES\DATAF1LE\OickinsoI1College7619ICollecliollsICurrem\109.pra5 Created 2/22/0510:59AM Revised: 2/22/05 0:12PM 7619C.109 David R. Galloway, Esquire MARTSON DEARDORFF WILLIAMS & OTTO 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff DICKINSON COLLEGE, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 03-3260 CIVIL ACTION-LAW JOHN T. DICKEY and JOHN E. DICKEY Defendants : 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 John E. Dickey on February 4, 2005, by certified mail, restricted delivery, return receipt requested. Attached is the Post Office return receipt signed and dated February 10, 2005. MARTS ON DEARDO F WILLIAMS & OTTO By David R. Galloway, Es I.D. No. 87326 10 E. High Str'~et Carlisle, PA 17013-3093 (717) 243-3341 Date: February 22,2005 Attorneys for Plaintiff 1. Aitfde ~J,~JJd'~ :JOH-N ..~ .UI(14::"( . &D5 Nfd tgtAAvt?~,' _ FOJIlT LMOOt,~, ffL';~:~:l"ia)~~.... 11I__* ~ . .33"'''''....an;..4 a~~fcr-....1dIo. ;:>Q"1 .a.~@A ... ...1CIlicI~,..~,.. .1 ~\Ila 2,..~. (/I..................-.,j 7003 3110 0004 5772 7362 ~~~~1~~~' I.~~_\~~~ -.-..- -----------"--..-- 1025fi&..02.M:.1540 CERTIFICATE OF SERVICl~ I, Jean Taylor, an authorized agent of Marts on 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: Mr. John E. Dickey 805 NE 18th Ave., Apt. 10 Fort Lauderdale, FL 33304-3069 By Jean Ten st High Street Car isle, PA 17013 (717) 243-3341 S & OTTO MARTSON DEARDORFF WIL. Dated: February 22,2005 ) t..'.._ .-1 ;',..U - ---- F:IFILES\DA T AFILE\Dickill8OnCoIIegc76 I 9\CoIIectionsICurrent\ 1 09\ I 09, pra6/nlm Created: 9/28/04 3:57PM Rcvi5ed: 7/26/05 2:19PM 7619CI09 David R. Galloway, Esquire LD. Number 87326 10 East High Street Carlisle, PA 17013-3093 (717) 243-3341 Attorneys for Plaintiff DICKlNSON COLLEGE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 03-3260 CIVIL ACTION-LAW JOHN T. DICKEY and JOHN E. DICKEY Defendants JURY TRIAL OF TWELVE DEMANDED PRAECIPE Kindly mark the judgment against John T. Dickey in the above-captioned case satisfied and issue a certificate reflecting the same and mark the above-captioned case settled, discontinued and ended with prejudice against John E. Dickey. By D a LD. Number 87326 10 East High Stn~et Carlisle, PA 17013-3093 (717) 243-3341 Attorneys for Plaintiff Date: July 26, 2005 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, P A, first class mail, postage prepaid, addressed as follows: Mr. John E. Dickey 805 NE 18th Avenue, Apt. 10 Fort Lauderdale, FL 33304-3069 Mr. John T. Dickey clo Francis A. Cosky, Esquire 214 W. Main Street Moorestown, NJ 08057 MARTS ON DEARDORFF WILLIAMS & OTTO By J /fhru cA ,(fk1,L{IJJ Nichole L. Myers J 10 East High Street Carlisle, P A 17013 (717) 243-3341 Dated: July 26, 2005 ):2 r--' 0 "" = -n . - CJ" ::;J '- c: 6~fD ,-- n; f'..) C' 0'"1 C) , :T t", rn (l) \...J - C) ~iJ CO .-<