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Home My WebLink About03-3721DICKINSON COLLEGE, Plaintiff ERNEST L. POYTHRESS; BEVERLY A.K. POYTHRESS, a/Fda BEVERLY ANN POYTHRESS, h/w; & ELAN M. POYTHRESS Defendant 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. O3~ 3"/o~! CWIL ACTION-LAW JURY TRIAL OF TWELVE DEMANDED NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiffs. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP: Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 IAMS David R. Galloway, Esquire I. D. Number 87326 Ten East High Street Carlisle, PA 17013 & OTTO Dated: August 1, 2003 Attomey for Plaintiff DICKINSON COLLEGE, Plaintiff ERNEST L. POYTHRESS; BEVERLY A.K. POYTHRESS, a/k/a BEVERLY ANN POYTHRESS, h/w; & ELAN M. POYTHRESS Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 0~ CIVIL ACTION-LAW 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. PlaimiffDickinson College ("Dickinson") is a Pennsylvania educational institution with its principal offices located in Carlisle, Cumberland County, Pennsylvania 17013. 2. Defendants, Ernest L. Poythress and Beverly A.K. Poythress, a/k/a Beverly Ann Poythress, (hereinafter"Parents") are adult individuals residing as husband and wife at 843 Tall Deer Drive, Fairbum, Fulton County, GA 30213. 3. Defendant, Elan M. Poythress, (hereinaRer "Student"), is an adult individual residing at 843 Tall Deer Drive, Fairburn, Fulton County, GA 30213. COUNT I DICKINSON COLLEGE v. ERNEST L. POYTHRESS & BEVERLY A.K. POYTHRESS, a/k/a BEVERLY ANN POYTHRESS BREACH OF CONTRACT 4. On or about November 6, 1998, Parents and Student entered into a Promissory Note (Note #1) with Dickinson for the financing of $1,874.00, plus interest, for educational services and benefits to Student at Dickinson. A copy of Note #1 is attached hereto as Exhibit "A." 5. Note #1 grants Dickinson reasonable attorney and collection fees which Dickinson has calculated to be $500.00. 6. As of July 3, 2003, the outstanding balance due and payable by Parents and Student to Dickinson was $2,737.87 plus interest accruing thereafter at $.65 per day, attorney and collection fees in the amount of $500.00 and costs of suit. 7. As of July 3, 2003, the outstm~ding balance of $2,737.87 represents the total and actual overdue of the financing provided to Parents and Student under Note #1. 8. Dickinson fulfilled, performed and complied with all obligations and conditions of Note # 1. WHEREFORE, Dickinson demands judgment against Parents in the amount of $2,737.87 plus interest accruing at $.65 per day, attorney and collection fees in the amount of $500.00 and costs of suit. COUNT II DICKINSON COLLEGE v. ELAN M. POYTHRESS BREACH OF CONTRACT 9. Dickinson hereby incorporates by reference the averments contained in Paragraphs 1 through 8 of this Complaint. I 0. Student is currently or was recently enrolled at Dickinson. 11. Student opened a Student Receivables account (hereinafter "Account") with Dickinson to pay tuition, books, dining service fees and other educational expenses. A true and correct copy of the Account is incorporated by reference and attached as Exhibit "B." 12. Student, by opening the Account and using the goods and services provided by Dickinson, agreed to pay Dickinson for all charges made to the Account. 13. The terms of repayment of the Account require Student to pay the balance fourteen (14) days before the beginning of each semester. 14. Student failed to pay Dickinson the Account balance as mutually agreed and contracted. 15. As of July 3, 2003, the Account balance due and payable by Student to Dickinson for those educational services was $318.28. 16. Dickinson fulfilled, performed and complied with all obligations and conditions of the Account. 16. Dickinson fulfilled, performed and complied with all obligations and conditions of the Account. WHEREFORE, Dickinson demands judgment against Student in the amount of $318.28 plus interest and costs of suit. COUNT III DICKINSON COLLEGE v. ELAN M. POYTHRESS IN OUANTUM MERUIT In the alternative, if this Honorable Court should determine that an express contract between Dickinson and Student does not exist, which is denied, Dickinson pleads the following: 17. Para~aphs 1 through 16 are incorporated herein by reference as if set forth in full. 18. Because Dickinson loaned money to Student, to the benefit of Student, Student became liable to Dickinson for said money. 19. Student was unjustly cm-iched by accepting said money without paying Dickinson reasonable compensation therefor. 20. As of July 3, 2003, the total amount by which Student became enriched was $3,056.15 plus interest accruing thereafter at $.65 per day. 21. Dickinson demanded payment of the above sums but Student failed and refused to do so. WHEREFORE, Dickinson demands judgment against Student in the amount of $3,056.15 plus interest accruing at $.65 per day, attorney and collection fees in the amount of $500.00 and costs of suit. BYD~uir ~ ID. Number 87326 ] (717) 243-3341 Date: August 1, 2003 Attorneys for Plaintiff DICKINSON COLLEGE FLEXIBLE FINANCING SYSTEM - PLAN A EDUCATIONAL GOODS AND SERVICES RETAIL INSTALLMENT CONTRACT November 6, 1998 I. Seller: Dickinson College, Carlisle, Pennsylvania 17013 Buyer(s): Ernest & Beverly Poythress 843 Tail Deer Drive Fairburn, GA 30213 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 a~eements 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 Elan Maree Poythress (hereinafter "Student') during his/her enrolknent at Dickinson College during the 1999 academic year, including tuition, room and board, books and supplies as herein xtated (herelnaffer 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 Pr/or to repayment: t 1.00% During repayment: 11.00% FINANCE CHARGE: Dollar Amount credit will cost Buyer $1450.09 AMOUNT FINANCED: Amount of credit provided by Dickinson College $1.874.00 Rev 2/92 TOTAL OF PAYMENTS: Amount paid by Buyer as total of all scheduled payments $3324.09 TOTAL SALE PRICE: Total cost of purchase on credit including down payment of $26.756.00 $28,630.00 EXHIBIT "A" Poytlmns Buyer's payment schedule will be as follows: Number of Payments 72 Amount of Payments $17.18 $35.67 When Payments are Due monthly commencing 11/28/98, and continuing until 04/2_8/02 or such time as Student is no longer enrolled at Dickinson (or in an approved full-time off-campus program of studies), whichever is earlier. monthly commencing 05/28/02 or such time as Student is no longer enrolled at Dickinson (or in an approved full- time off-campus program of studies), whichever is earlier. Late charge: Prepayment: Ifa payment is more than 15 daYs late, a sum equivalentto 5% of the late payment (but no more than $2.50 and not less than $1.00) may be charged. 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 SCI-,[EDULED DATE FOR REPAYMENT OF THE AMOUNT FINANCED. III. ITEMIZATION OF AMOUNT FINANCED 1. Cash price of Goods and Services: $ 28,630.00 2. Total down payment: 26,756.00 3. Unpaid balance of cash price (1 - 2): 1,874.00 4. Amount paid to others on Buyer's behalf: - 0 - 5. Amount Financed (3 + 4): $ 1,874.00 2 IV. CREDIT INSURANCE Credit life insurance for the term Qf this Contract is not required. V. NO WARRAN IlLS 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 WRll 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: EFGTechnologies, ln~. P.O. Box 64974 St. Paul, MN55164 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 reimstate the Contract if Buyer timely cures any default. Buyer shall be deemed to have committed an "Event of Defanlt" of the Contract upon the occurrence of any of the following: (a) (h) (c) (d) (e) (0 failure to make any payment on or before the date it is.due, failure to make a payment on any other Contract outstanding with Seller, failure to perform any other provision of the Contract, providing Seller with false information or signatores, death, incompetence, or conviction of any Buyerof crime involving fraud or dishonesty, insolvency or banlcruptcy of any Buyer. 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 rime, amount and performance necessary to cure the default. If Buyer does not cure the default provided in the notice, Seller's rights shall include the right to declare all sums due on the Con~'act to be immediately due and payable. The Buyer a~ees to pay all anorney's fees and other reasonable collection costs and charges necessary for the collection o any amount not paid when due. Waiver by Sel!er of any Event of Default shall not be binding upon Seller if Seller should thereafter choose to exercise that or any other fight or a similar Event of Defanlt occurs later_ All Sellers rights and remedies shall be cumulative. Seller's exercise of one o more rights shall not cause Seller to lose any other rights_ This Contract is freely assignable by Seller. Buyer aga'ees that upon receiving notice of the assignment Buyer shall be obligaxed to t Assignee of this Contract, which Assignee shall have all of Seller's rio~at and remedies. If any part of this ConWact 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. APPLICABLE LA W: This Ag~eerc ,henever called upon to be consmaed, shall be 'reed by the domestic internal laws of the Commonwealth of Pennsylvania exc ~o the extent supplemented, supemeded or pine,. .d by federal law. CONSENT TO JURISDICTION. VENUE AND SERVICE: The parties to this Agreement consent and agree that all legal proceedings relating t.o th9 subject matter hereof.shall be maintained in the Court of Common Plea~ of Cumberland County, Pennsylvania, or, if ~ppllcable, the United States DimSct Court of the Middle District of Penn~lvania, and all parties hereto consent and agree that jurisd[c~.~'0n.and venue for tach proceedings shall lie exclnsively within ~aid court. Service ofproce~ in any tach proceeding may be made by certified mail, remm receipt requested, directed to the respective pan'y at the addre~ set forth above. t 0. This Contract shall be binding upon the parties hereto, their helm, successors, assigns and legal representatives. I 1. 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 AMOUN"rs 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 TIlE LAW, YOU HAVE THE RIGHT TO PAY 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 BE LEGALLY BOUND BY ITS TERMS. I AGREE TO REPAY ALL AMOUNTS DUE ON THIS LOAN IF THE BOIID, OWER(S)/BUYER(S) FALLS TO DO SO IN ACCORDANCE WITH THE TERMS OF THE NOTE: FRANSCRIPT OF A STUDENT'S RECORD WILL NOT BE RELEASED IF LOAN PAYMENTS TO THE COLLEGE ARE IN .~RREARS OR DEFAULT. DATE: DICKINSON COLLEGE RAGE EXHIBIT "B" FAX: 7172451850 PAGE :!d!3,N Ao~oUNF.,- FAX : 7172451850 PAGE 4 VERIFICATION I, THOMAS MEYER, Assistant Treasurer of Dickinson College, acknowledge that I have the authority to execute this Verification on behalf of Dickinson College and certify that the foregoing Complaint is based upon information which has been gathered by my counsel in the preparation of this lawsuit. The language of this Complaint is that of counsel and not my own. I have read the document and to the extent that this Complaint is based upon information which I have given to my counsel, it is true and correct and to the best of my knowledge, information 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 Mey~~~ ~ Assistant Treasurer of Dickinson College Dated: ~ECEIVE~- ~IIDVVr DICKINSON COLLEGE, Plaintiff ERNEST L. POYTHRESS; BEVERLY A.K. POYTHRESS, a/k/a BEVERLY ANN POYTHRESS, h/w; & ELAN M. POYTHRESS Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-3721 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 Ernest L. Poythress and Beverly Ann Poythress on August 4, 2003, by certified mail, restricted delivery, return receipt requested. Attached is the Post Office return receipt signed and dated August 7, 2003 and a copy of the receipt showing the cost of service was $8.38. MARTSON DEARDORFF WILLIAMS & OTTO sq re , Carlisle, PA 17013-3093 (717) 243-3341 Date: August 19, 2003 Attorneys for Plaintiff · Complete items 1,2, and 3. Also complete item 4 if Restricted Delive~ is desired. · Print your name and addmes on the reveme 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. 2. Nticle Number (Transfer from service label) PS Form 3811, Augus~ 2001 Signature 7001 1140 0003 2521 74~37 3'~R ;e Type Certified Mail' [] Express Mail egistered i--I Return Receipt for Merchandise [] Insured Mail [] C.O.D. .~Yes CERTIFICATE OF SERVICE I, Martha-Anne lben, an authorized agent of Martson Deardorff Williams & Otto, hereby certify that a copy of the foregoing PRAECIS'E TO DOCUMENT SERVICE AND COST OF SERVICE PURSUANT TO THE PENNSYLVANIA LONG ARM STATUTE was served this date by depositing same in the Post Office at Carlisle, PA, first class retail, postage prepaid, addressed as follows: Ernest L. & Beverly Ann Poythress 843 Tall Deer Drive Fairbum, GA 30213 MARTSON DEARDORFF WILLIAMS & OTTO Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: August 19, 2003 7619C 79 DICKINSON COLLEGE, Plaintiff ERNEST L. POYTHRESS; BEVERLY A.K. POYTHRESS, a/Fda BEVERLy ANN POYTHRESS, h/w; & ELAN M. POYTHRESS Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-3721 CIVIL ACTION-LAW JURY TRIAL OF TWELVE DEMANDED PRAECIPE TO DOCUMENT SERVICE AND COST OF SERVICE PURSUANT TO THE PENNSYLVANIA LONG ARM STATIylE I hereby certify that a copy of the Complaint was mailed to Elan M. Poythress on August 4, 2003, by certified mail, restricted delivery, return receipt requested. Attached is the Post Office return receipt signed and dated August 7, 2003 and a copy of the receipt showing thc cost of service was $8.38. Date: August 19, 2003 ~..~MARTSON DEARDOR~ WILLIAMS & OTTO David R. Galloway, Esquire -- I.D. No. 87326 Ten East High Street Carlisle, PA 17013-3093 (717) 243-3341 Attorneys for Plaintiff ~r~ ~J 1::3 · Complete items I, 2, and 3. Also COmplete ~ 4 if Restricted Delivery is desired. · Print your name and eddress on the reverse · so that we can return the card to you. Attach this card to the back of the mailpiece, ~ on the front if space permits. 1. Article Addressed to: 2. Article Number -- (Transfer from service/abe/) PS Form 3811, August 2~1 7001 . S~netum If YES, ente~ delivery address beiow: 1 ? ['"l No Mail r9 Express Mail I~ Return Receipt for Merchandi~ E3 C.O.D. 1140 0003'~2521 74144 CE-~RTIFICATE OF SERVICE I, Martha-Anne Iben, an authorized agent ofMartson Deardorff Williams & Otto, hereby certify that a copy of the foregoing PRAECIPE TO DOCUMENT SERVICE AND COST OF SERVICE PURSUANT TO THE PENNSYLVANIA LONG a ..... -,-:xxul~ was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Elan M. Poythress 843 Tall Deer Drive Fairburn, GA 30213 MARTSON DEARDORFF WILLIAMS & OTTO Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: August 19, 2003 DICKINSON COLLEGE, Plaintiff ERNEST L. POYTHRESS; BEVERLY A.K. POYTHRESS, a/k/a BEVERLY ANN POYTHRESS, h/w; & ELAN M. POYTHRESS Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-3721 CIVIL ACTION-LAW JURY TRIAL OF TWELVE DEMANDED PRAECIPE TO THE PROTHONOTARY: Enter default judgment in the above-captioned action in favor of Plaintiff and against Defendants as follows: 1. Against Defendants, Ernest L. Poythress and Beverly A.K. Poythress, a/Fda Beverly Ann Poythress, in the amount of $2,737.87 plus interest from July 3, 2003, in the amount of $112.45, attorneys' fees in the amount of $500.00 for a total of $3,350.32, plus costs of suit and interest from date of judgment, as stated in the Loan Notes attached to the Complaint, for Defendants' failure to file an answer to the Complaint. I do hereby certify that a written notice of intention to file this Praecipe (in the form attached hereto) was mailed to the Defendants at the address indicated thereon, on November 17, 2003, which date was subsequent to the date default occurred and at least ten (10) days prior to thc date of the Praecipc. 2. Against Defendant, Elan M. Poythress, in the amount of $3,056.15, plus interest from July 3, 2003, in the amount of $112.45, attorneys' fees in the amount of $500.00 for a total of $3,668.60, plus costs of strit and interest from date of judgment, as stated in the Loan Notes attached to the Complaint, for Defendant'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 addresses indicated thereon, on November 17, 2003, and November 26, 2003; both dates were subsequent to the date default occurred and at least ten (10) days prior to the date of the Praecipe. Dated: January 2, 2004 MARTSON, DEAPd~RFF, WILLIAMS & OTTO Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attomeys for Plaintiff DICKINSON COLLEGE, Plaintiff ERNEST L. POYTHRESS; BEVERLY A.K. POYTHRESS, a/k/a BEVERLY ANN POYTHRESS, h/w; & ELAN M. POYTHRESS Defendant 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-3721 CIVIL ACTION-LAW JURY TRIAL OF TWELVE DEMANDED TO: ERNEST L. POYTHRESS, BEVERLY A.K. POYTHRESS, a/k/a BEVERLY ANN POYTHRESS, h/w, and ELAN M. POYTHRESS 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. YOU 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 PROVIDE 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 DEARDORI~? WILLIAMS & David R. Galloway, Esquire Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff OTTO Dated: November 17, 2003 U.S, POSTAL SERVICE CERTIFICATE OF MAILING Received From: One pieoe of ordina~ mail addressed t0: PS Form 3817, Janue~ 2001 U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAY SE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FOR INSURANCE -- POSTMASTER Received From: One pie~ of ordin~y mail addre~¢ to: PS Form 38~7, Mar. 1989 u,s. POSTAL SERVICE CERTIFICATE OF MAILING MAY SE USED FOR DOMESTIC AND INTERNATIONAL MA~L, DOES NOT PROVIDE FOR iNSURANCE -- POSTMASTER Received From: One piece Of ordinary mail addressed PS Form 3817, Ma~1939 CERTIFICATE OF SERVICE I, Marti Iben, 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: Emest L. Poythress Beverly Ann Poythress 841 Tall Deer Drive Fairburn, GA 30213 Elan M. Poythress 841 Tall Deer Drive Fairburn, GA 30213 Elan M. Poythress 1638 Donaldson Ct., NE Atlanta, GA 30319 MARTS ~ONffDEARDORFF WILLIAMS & OTTO Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: January 2, 2004 DICKiNSON COLLEGE, Plaintiff ERNEST L. POYTHRESS; BEVERLY A.K. POYTHRESS, a/k/a BEVERLY ANN POYTHRESS, h/w; & ELAN M. POYTHRESS Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-3721 CIVIL ACTION-LAW JURY TRIAL OF TWELVE DEMANDED TO: ELAN M. POYTHRESS, DEFENDANT NOTICE OF ENTRY OF DEFAULT JUDGMENT You are hereby notified that on January a,~, 2004, the following Judgment was entered against you in the above-captioned case: [I]n the amount of $3,056.15, plus interest from July 3, 2003, in the amount of$112.45, attorneys' fees in the amount of $500.00 for a total of $3,668.60, plus costs of suit and interest from date of judgment. Date: I hereby certify that the name and address of the proper person to receive this notice under Pa. R. Civ. P. 236 is: Elan M. Poythress 841 Tall Deer Drive Fairburn, GA 30213 Elan M. Poythress 1638 Donaldson Ct., NE Atlanta, GA 30319 DICKINSON COLLEGE, Plaintiff ERNEST L. POYTHRESS; BEVERLY A.K. POYTHRESS, a/kJa BEVERLY ANN POYTHRESS, h/w; & ELAN M. POYTHRESS Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-3721 CIVIL ACTION-LAW JURY TRIAL OF TWELVE DEMANDED TO: ERNEST L. POYTHRESS, BEVERLY A.K. POYTHRESS, aJk]a BEVERLY ANN POYTHRESS, h/w, DEFENDANTS NOTICE OF ENTRY OF DEFAULT JUDGMENT You are hereby notified that on January 2~Q_, 2004, the following Judgment was entered against you in the above-captioned case: [I]n the amount of $2,737.87 plus interest from July 3, 2003 in the amount of $112.45, attorneys' fees in the amount of $500.00 for a total of $3,3S0.32, plus costs of suit and interest from date of judgment. Date: Pro o~n~~j I hereby certify that the name and address of the proper person to receive this notice under Pa. R. Civ. P. 236 is: Ernest L. Poythress Beverly Ann Poythress 841 Tall Deer Drive Fairbum, GA 30213