HomeMy WebLinkAbout03-3263P.\ PILMDATAFILEDickinson College 7619\DickinsonCollegeC01IMtions76190\D.Cum s\198 .eom
Creatocl 3/17/03 9.25.57 PM
Revised 7/9/03323 23 PM ,
DICKINSON COLLEGE, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. NO. G3- 3%P3
CIVIL ACTION-LAW
PERRITTI A. DIVIRGILIO and
PERRY DIVIRGILIO,
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
Date: 719/3
MARTSON DEARDORF WILLIAMS & OTTO
David R. Galloway, Esquire
I.D. No. 87326
Ten East High Street
Carlisle, PA 17013
(717) 243-3341
Attorneys for Plaintiff
DICKINSON COLLEGE, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. NO. 03- 32G3 Cun-l 7,t?
CIVIL ACTION-LAW
PERRITTI A. DIVIRGILIO and
PERRY DIVIRGILIO,
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, (hereinafter "Dickinson"), 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, Perritti A. DiVergilio, (hereinafter "Parent"), is an adult individual residing
with a last known address of 3524 Grant Avenue, Philadelphia, PA 19114.
3. Defendant Perry DiVirgilio, (hereinafter "Student"), is an adult individual with a last
known address of 3524 Grant Avenue, Philadelphia, PA 19114.
4. On or about December 8,1999, Parent and Student entered into a PromissoryNote (Note
#1) with Dickinson. A copy of Note #1 is attached hereto as Exhibit "A."
5. On or about December 8, 1999, Parent and Student entered into aPromissoryNote(Note
42) with Dickinson. A copy of Note #2 is attached hereto as Exhibit "B."
6. Note #1 provided for the financing of $14,085.00 plus interest and costs by Parent and
Student on their own behalf, for educational services and benefits at Dickinson.
7. Note #2 provided for the financing of $9,130.00, plus interest and costs by Parent and
Student on their own behalf, for educational services and benefits at Dickinson.
8. The total collective principle balance for Note #1 and Note #2 is $23,215.00.
9. Note 41 and Note #2 grant Dickinson reasonable collection and attorneys' fees which
Dickinson has calculated to be $3,482.25.
10. As of April 2, 2003, the principal and interest due and payable by Parent and Student to
Dickinson was $29,184.65 plus interest accruing in the amount of $3.65 per day from April 2, 2003.
11. The outstanding balance of $29,184.65 represents the total and actual overdue value of
the financing provided to Parent and Student under Note #1 and Note 42 for which Parent and Student
have yet to pay.
COUNTI
BREACH OF CONTRACT
12. Dickinson hereby incorporates by reference the averments contained in Paragraphs 1
through 11 of this Complaint.
13. Dickinson has fulfilled, performed and complied with all obligations and conditions of
Note #1 and Note #2.
14. Parent and Student breached the expressed and implied obligations, conditions and terms
of agreement of Note 41 and Note #2 by failing to pay the amounts financed therein.
WHEREFORE, Dickinson demands judgment against Parent and Student in the amount of
$29,184.65, plus interest in the amount of $3.65 per day from April 2, 2003, collection and attorneys' fees
in the amount of $3,482.25 and costs of suit.
COUNT II
INQUANTUMMERUIT
15. Dickinson hereby incorporates by reference the averments contained in Paragraphs 1
through 14 of this Complaint.
16. Having requested Plaintiffto loan money, and doing so to the benefit of Student, Student
became liable to Plaintiff for said money.
17. Student has been unjustly enriched by accepting said money without paying Dickinson
reasonable compensation therefor.
18. As of April 2, 2003, Student is liable to Dickinson and/or has been unjustly enriched in
the amount of $29,184.65, plus interest in the amount of $3.65 per day from April 2, 2003.
WHEREFORE, Dickinson demands judgment against Student in the amount of$29,184.65, plus
interest in the amount of $3.65 per day from April 2, 2003, collection and attorneys' fees in the amount
of $3,482.25 and costs of suit.
WILLIAMS & OTTO
Date: ?/9 /a3
Ten East High Street
Carlisle, PA 17013-3093
(717) 243-3341
Attorneys for Plaintiff
Exhibit A
DICKINSON COLLEGE FLEXIBLE FINANCING SYSTEM - PLAN B
EDUCATIONAL GOODS AN4 SLRYWESRKTAIL INSTALLMENT CONTRACT
December 8, 1999 II V,
1. Seller: Dickinson College-, Carlisle Pennsylvania 17013-2896
Buyer(s): Perritti A. DiVergilio
3524 Grant Avenue.
Philadelphia, PA 19114
If there is more than one Buyer, each of you will be-obligated, jointly and severally, for all sums- due and for th
performance of all agreements as provided in this Contract.
Under the terms of this Educational- Goods and Services Retail Installment Contract, you have agreed to-pay th
expenses incurred for goods and services to be provided and rendered, as the case may be, to Perry Divirgilio (hereinafte
"Student") during his/her enrollment at Dickinson College during the 2000- academic year, including tuition, room anc
board, books and supplies as herein stated (hereinafter the "Goods and Services").
The Goods and Services shall include only tuition, room and board.
11. TERMS OF PAYMENT AND PAYMENT SCHEDULE
Disclosures Required by Federal-Law
ANNUAL
PERCENTAGE
RATE*
Cost of credit as
yearly rate
FINANCE
CHARGE:
Dollar amount
credit will
cost buyer
AMOUNT
FINANCED:
Amount. of credit
provided by
Dickinson- College
TOTAL OF
PAYMENTS:
Amount paid by
Buyer as total
of all scheduled
payments
TOTAL, SALE
PRICE:
Total- cost of
purchase on
credit; including
down payment of
$ 15,650.00
8.75%
$ 6,835.60
$ 14,085.00
Rev 2/92
$ 20,920.60
$ 29,735.00
EXHIBIT "A"
Exhibit B
FEB 112ooo
DICKINSON COLLEGE FLE&IBLE FINANCE1FG SYSTEM - PLAN B
EDUCATIONAL GOODS AND SERVICES RETAIL INSTALLMENT CONTRACT
December 8; 1999-
1. Seller: Dickinson College, Carlisle, Pennsylvania 17013-2896
Buyer(s): Perritti A DiYergilio
3524 Grant Avenue
Philadelphia, PA 19414
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 Perry Divirgilio (hereinafter
"Student")- during his/her- enrollment at Dickinson College-during the- 2000-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 paidby 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
$ 20,605.00
8.75% $ 4,430.40 _ $ 9,130.00 $ 13,560.40 $ 29,735.00
Rev 2/92
EXHIBIT "B"
DiVirFla
Buyer's payment schedule will be as follows:
Number of Payments
116
When Payments are Due
$ 116.9 Monthly commencing 09/28/99 until 05/28/09
*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 wiilrbe 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-irrthe€orm of higher payment amounts. If your cost of-the-Goods-and Services
sold hereunder were $9,130.00 at 8.75% per annum for 116 months and the prime rate plus 1%
were-increased to-9.75% your regular monthly payments would increase-to-Sl-21.84- Further,
the ANNUAL PERCENTAGE RATE will not increase to more than 18% or such other rate as
may be permitted under the-Pennsylvania Goods and Services Installment Sales-Act
Late Charge: 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-lessthan SI.Go}maybe 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 of inaM 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.
M. ITEMIZATION OF AMOUNT FINANCED
2.
4.
Cash price of Goods and Services:
Total down payment:
Unpaid balance of cash price (1 - 2}:
Amount paid to others on Buyer's behalf
amount of Payments
$- 29;735,00
20,605.00
9,130,00
-0-
5. Amount Financed (3 + 4): S 9,130.00
IV. CREDIT INSURANCE
Credit life insurance for the term of this Contract is not required.
V. NO WARRANTIES
THERE ARE NO WARRANTIES, EITHER EXPRESSED OR IMPLIED, GIVEN BY SELLER IN CONNECTION WITH SALE
OF THE GOODS AND SERVICES COVERED BY THIS CONTRACT UNLESS BUYER HAS BEEN GIVEN A SEPARATE WRITTEN
WARRANTY.
VI. ADDITIONAL PROVISIONS
Buyer agrees to pay Seller the Total Sale Price by making the total down payment and paying Seller the Total of Payments in the
number and amount of monthly payments shown in the Payment Schedule. Payments are due on or before the same date of each
month as the first payment date. Payments must be made to EFG Technologies, Inc. at the following address:
EFG 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 a.
provided in the notice. Seller's rights shall include the right to declare all sums due on the Contract to be immediately due and
payable. The Buyer agrees to pay all attorney's fees and other reasonable collection costs and charges necessary for the collection of
any amount not paid when due.
Waiver by Seller of any Event of Default shall not be binding upon Seller if Seller should thereafter choose to exercise that or any
other right or a similar Event of Default occurs later. All Seller's rights and remedies shall be cumulative. Seller's exercise of one or
more rights shall not cause Seller to lose any other rights.
This Contract is freely assignable by Seller. Buyer agrees that upon receiving notice of the assignment Buyer shall be obligated to the
Assignee of this Contract, which Assignee shall have all of Seller's right and remedies.
If any part of this Contract is held to be illegal, void or unenforceable. that provision shall be deemed not to have been a part of this
Contract. which shall otherwise remain fully effective.
AYrLIUAIt LE LAW: This Agreement, whenever called upon to be construed, shall be governed by the domestic internal laws of it,,
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 parry at the address set forth above.
10. This Contract shall be binding upon the parties hereto, their heirs, successors, assigns and legal representatives.
11. 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.
(Z) YOU ARE ENTITLED TO A COMPLETELY FILLED-IN COPY OF THIS AGREEMENT. (3) UNDER THE LAW, YOU HAVE
THE RIGHT TO PAY OFF M ADVANCE THE FULL AMOUNT DUE AND UNDER CERTAIN CONDITIONS TO OBTAIN A PARTIAL
REFUND OF THE FINANCE CHARGE.
BUYER(S) ACKNOWLEDGE(S) RECEIVING A COMPLETED COPY OF THIS CONTRACT AND INTEND(S) TO BE
LEGALLY BOUND Y 1TS TERMS. / n
BUY R(S)
v
I AGREE TO REPAY ALL AMOUNTS DUE ON THIS LOAN IF THE BORROWER(S)/BUYER(S) FAILS TO DO SO IN
ACCORDANCE WITH THE TERMS OF THE NOTE:
STUDENT COSIGNERX bk'& Y
TRANSCRIPT OF A STUDENT'S RECORD WILL NOT BE RELEASED IF LOAN PAYMENTS TO THE COLLEGE ARE IN
kRREARS OR DEFAULT.
)ATE: DICKIN OLLEGE
)' I-l BY
an B Loans
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. § 4904 relating
to unswom falsification to authorities, which provides that if I knowingly make false averments, I may
be subject to criminal penalties.
Dickinson College
¢---
Thomas Meyer
Assistant Treasurer of Dickinson College
Dated: 013
C`3
08
0
0
A
David R. Galloway, Esquire
Ten East High St.
Carlisle, PA 17013
717-243-3341
DICKINSON COLLEGE
V.
PERRITTI A. DIVERGILIO
Cumberland County, PA
Court of Common Pleas
DockeVindex # 033263
Affidavit of Service
Commonwealth of Pennsylvania
SS:
County of Philadelphia
I, Thomas J. Crean being duly sworn according to law upon my oath, depose and say, that deponent is not a party to
this action, has no direct personal interest in this litigation and is over 18 years of age.
That on July 14, 2003 at 7:35 PM, deponent served the within named Complaint upon Perritti A. Divergilio,
Defendant. Said service was effected at 3524 Grant Ave., Philadelphia, PA 19114, in the following manner;
By delivering thereat a true copy to Perry Divergilio, Perritti's son, a person of suitable age and discretion. That person
was also asked by deponent whether said premises was Perrittl A. Divergillo's dwelling place or usual place of abode
and their reply was affirmative.
Perry Divergilio is described to the best of deponent's ability at the time and circumstances of service as follows:
Sex: Male Skin': Afro-amer. Hair: Black Age(Approx): 24 Ht.(Approx): 5'11" Wt.(Approx): 225.250 Ibs
I hereby affirm that the information contained in the Affidavit of Service is true and correct. This affirmation is made
subject to the penalties of 18 PA C.S. 4904 relating to unsworn falsification to authorities.
Sworn to before me on July 17, 2003
No ial eal
Regina Richman, Notary Public
Falls Twp., Bucks County
My Commission Expires: December 12, 2005.
Tholiia5 J. Crean, Access Server
Dennis Richman's Services For The Professional, Inc.
1617 JFK Boulevard, Suite 820
Philadelphia, PA 19103
(215) 977-9393, (215) 977-9806 (Fax)
DRS # 7426
' - l 1
David R. Galloway, Esquire
Ten East High St.
Carlisle, PA 17013
717-243-3341
DICKINSON COLLEGE
V.
PERRITTI A. DIVERGILIO
Commonwealth of Pennsylvania
SS:
County of Philadelphia
C7 CD p
Cumberland County, PA ? -;
Court of Common Pleas
Docket/index # 03-3263
Affidavit of Service t
I, Thomas J. Crean being duly sworn according to law upon my oath, depose and say, that deponent is not a party to
this action, has no direct personal interest in this litigation and is over 18 years of age.
That on July 14, 2003 at 7:35 PM, deponent served the within named Complaint upon Perry Divergilio. Said service
was effected at 3524 Grant Ave., Philadelphia, PA 19114, in the following manner;
By delivering thereat a true copy of each to Perry Divergilio personally.
Perry Divergilio is described to the best of deponent's ability at the time and circumstances of service as follows:
Sex: Male Skin: Afro-amer. Hair: Black Age(Approx): 24 Ht.(Approx): 5' 11" Wt.(Approx): 225-250 Ibs
I hereby affirm that the information contained in the Affidavit of Service is true and correct. This affirmation is made
subject to the penalties of 18 PA C.S. 4904 relating to unsworn falsification to authorities.
Sworn to before me on July 17, 2003
RegfnalA. Richman, Notary Public
Falls Twp„ Bucks County
My Commission Expires: December 12, 2005.
Thomas J. Crean, Pro ss Server
Dennis Richman's Services For The Professional, Inc.
1617 JFK Boulevard, Suite 820
Philadelphia, PA 19103
(215) 977-9393, (215) 977-9806 (Fax)
DRS # 7427
G 771
R
n
cP
F]FILL?iADATA FILEVDick,.,oo (701r,, 7t,19\1)X '-H
Created'. 11/] 1/02 11:'_]29 PM
R^,rd. 11/16/0101'.1111 PM
]619c 1]8
DICKINSON COLLEGE, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. NO. 03-3263
CIVIL ACTION-LAW
PERRITTI A. DIVIRGILIO and
PERRY DIVIRGILIO,
Defendants JURY TRIAL OF TWELVE DEMANDED
STIPULATION_AND AGREEMENT FOR ENTRY OF JUDGMENT
AND NOW, comes Plaintiff, DICKINSON COLLEGE:, by and through its attorneys,
MARTSON DEARDORFF WILLIAMS & OTTO, and Defendants PERRITTI A. DIVIRGILIO and
PERRY DIVIRGILIO who stipulate and agree as follows:
1. Pa. R.C.P. 1037(c) provides that in all cases, the Court, on motion of a party, may
enter an appropriate judgment against a party upon admission.
2. Defendants agree and admit that Judgment should be entered against them in favor
of Plaintiff in the amount of $29,184.65 plus interest from April 2, 2003, in the amount of $792.05
plus attorneys' fees in the amount of $1,000.00 for a total of $30,976.70, plus costs of suit and
interest accruing at 5% per annum 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. /7\
BY_ lit 4/6(
Perrrtti A. Divergilio
3524 Grant Avenue
Philadelphia, PA 19114
Date:
Defendant
By
Perry Divi ilio
3524 Gr Avenue
Philadelphia, PA 19114
Date:
David R. Gallowaly, Esq
Martson Deardorff Williams & Otto
Ten East High Street
Carlisle, PA 17013-3093
(717) 243-3341
Date: (t 9 0'`,
Attorney or laintiff
Defendant
VERIFICATION
I, David R. Galloway, Esquire, of the firm of MARTSON DEARDORFF
WILLIAMS & OTTO, attorneys for Dickinson College in the within action, certify, pursuant to Pa.
R.Civ.P. 205.3(a), the signatures to the attached Stipulation and Agreement for Entry of Judgment
are authentic, true and correct to the best of my knowledge, information and belief. To supportthat
understanding, a letter from Paul B. Himmel, Esquire, counsel for Defendants, is attached indicating
same. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.
Section 4904 relating to unworn falsification to authorities.
G 1 quire
)41 ZCo
Suite 900
400 Market Street
Philadelphia, PA 19106-2509
215-925-8400
Fax: 215-925-7516
roll Free (888) 999-1962
Paul B. Himmel, Esquire
(215) 931-2550
August 17, 2004
David R. Galloway, Esquire
MDW&O
10 East High Street
Carlisle, PA 17013
Re: Dickinson College v. Perritti DiVirgilio et al
Your File No.: 7619C.178
Dear Mr. Galloway:
Freedman
& Lorry, P.c.
COUNSELORS AT LAW
AND PROCTORS IN ADMIRALTY
In response to your letter of August 9, 2004 enclosed please find copies of the executed
Settlement Agreement and Stipulation and Agreement for Entry of Judgment which were
forwarded to your office on March 11, 2004
Very truly yours,
FREEDMAN AND LORRY, P.C.
1, ?'/
BY- PAUL B. HIMMEL
PBH:cjp
Enclosures
1410NO. 17
T ?:
F9F: M\DATAFILE\Dickinson College 7619\DickinsonCollege ollections76190C.,ent\I78_o,d l/tde
C.e d'. 11/13/0211.2729PM
.4ev.sed: 08/26/04 11 1251 AM
7619, 1J8 /
OCT 19 2004 Y
DICKINSON COLLEGE, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. NO. 03-3263
CIVIL ACTION-LAW
PERRITTI A. DIVIRGILIO and
PERRY DIVIRGILIO,
Defendants JURY TRIAL OF TWELVE DEMANDED
ORDER OF COURT
AND NOW, this ZL day of n j?t 2004, upon consideration of the attached
Stipulation, judgment is hereby entered in favor of Plaintiff, Dickinson College, against Defendants,
Perritti A. Divirgilio and Perry Divirgilio, in the amount of $29,184.65 plus interest from April 2,
2003, in the amount of $792.05 plus attorneys' fees in the amount of $1,000.00 for a total of
$30,976.70, plus costs of suit and interest accruing at 5% per annum from date of Judgment.
Prothonotary is directed to enter and index this judgment accordingly.
BY THE COURT,
i
for Plaintiff:
avid R. Galloway, Esquire
Ten East High Street
Carlisle, PA 17013
for Defendants:
„Paul B. Himmel, Esquire
Suite 900
400 Market Street
Philadelphia, PA 19106
/p_C5-0V
0
?,.. ;, z
'
.
i .
.,
..
_,
`,
C'::"
[.i.S:.. ..,
!1.7
__I-
?
r J
a __
U.
(
. ?-' ..
_ C'J
4L
F.\FILES\Clients\DickinsonCollege7619\Collections\Cutrent\178\7619C.178.pra2/drg
Created: 11/13/02 11:27:29 PM
Revised: 03/09/09 11:0132 AM
7619c. 178
Christopher E. Rice, Esquire
Attorney I.D. No. 90916
MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER
MARTSON LAW OFFICES
Ten East High Street
Carlisle, PA 17013
(717) 243-3341
Attorneys for Plaintiff
DICKINSON COLLEGE,
Plaintiff
V.
PERRITTI A. DIVIRGILIO and
PERRY DIVIRGILIO,
Defendants
To the Prothonotary:
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 03-3263
CIVIL ACTION-LAW
JURY TRIAL OF TWELVE DEMANDED
PRAECIPE
Please mark the judgment in the above-captioned matter satisfied and the action discontinued.
MARTSON LAW OFFICES
By: C. /2'
Christopher E. Rice, Esquire
Attorney I.D. No. 90916
10 East High Street
Carlisle, PA 17013
(717) 243-3341
Attorneys for Plaintiff
1 Date: 3 -7 - 0
.+.
CERTIFICATE OF SERVICE
I, Mary M. Price, an authorized agent of MARTSON DEARDORFF WILLIAMS OTTO
GILROY & FALLER, 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:
Perritti DiVirgilio
3524 Grant Avenue
Philadelphia, PA 19114
MARTSON LAW OFFICES
By v! V'l.
Mt Price
Tst High Street
Carlisle, PA 17013
(717) 243-3341
Dated: 31 //p 1
THIS IS A DEBT COLLECTING FIRM ATTEMPTING TO COLLECT A DEBT. ANY
INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
C
trp „h] Cf7
t t, fx
rn