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HomeMy WebLinkAbout03-3724F TILPSMATAPILE Oickimon College 9619 cki onCollepCollectiom76190 cumrnu 64_coM/eny Created'. 5/12/03 349.03 PM Revived: 8/1/03 11:2.56 AM 7619C 64 DICKINSON COLLEGE, Plaintiff V. CODY C. REMBE and CODY T. REMBE, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03 - 3-7ay 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 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 MARTSON E d R. Galloway, I.D. No. 87326 Ten East High Street Carlisle, PA 17013 (717) 243-3341 WILLIAMS & OTTO Attorneys for Plaintiff Date: August 1, 2003 DICKINSON COLLEGE, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLANDCOUNTY,PENNSYLVANIA V. No. CIVIL ACTION-LAW CODY C. REMBE AND CODY T. REMBE, Defendants JURY TRIAL OF TWELVE DEMANDED COMPLAINT AND NOW, comes Plaintiff Dickinson College by and through its attorneys, MARTSON DEARDORFF WILLIAMS & OTTO, and hereby avers as follows: 1. Plaintiff Dickinson College is a Pennsylvania educational institution and nonprofit corporation with its principle place of business at West Street, Post Office Box 1773, Carlisle, Cumberland County, Pennsylvania 17013. 2. Defendant Cody C. Rembe, (hereinafter "Parent'), is an adult individual with a last known address of 13223 NE 16th Street, Suite B, Bellevue, King County, Washington, 98005-2305. 3. Defendant Cody T. Rembe, (hereinafter "Student'), is an adult individual with a last known address of 3903 86 s Avenue, SE, Mercer Island, King County, Washington 98040-3629. 4. On or about August 25, 1995, Parent and Student entered into a Promissory Note (Note #0 with Plaintiff for the financing of $10,000.00, plus interest and costs by Parent and Student for educational services and benefits to Student at Plaintiff s institution. A copy ofNote #1 is attached hereto as Exhibit "A." 5. On or about February 29, 1996, Defendants entered into a Promissory Note (Note #2) with Plaintiff for the financing of $3,013.00, plus interest and costs by Parent and Student on their own behalf, for educational services and benefits at Plaintiff s institution. A copy ofNote #2 is attached hereto as Exhibit "B." 6. On or about February 3, 1997, Parent and Student entered into a Promissory Note (Note #3) with Plaintiff for the financing of $3,700.00, plus interest and costs by Parent and Student on their own behalf, for educational services and benefits to Student at Plaintiff's institution. A copy ofNote #3 is attached hereto as Exhibit "C." 7. On or about September 18, 1998, Parent and Student entered into a Promissory Note (Note #4) with Plaintiff for the financing of $8,735.66, plus interest and costs by Parent and Student on their own behalf, for educational services and benefits to Student at Plaintiff s institution. A copy ofNote #4 is attached hereto as Exhibit "D." 8. The total collective principle balance for Note #1, Note #2, Note #3, and Note 94 is $25,448.66. 9. Note #1, Note #2, Note #3, and Note #4 grant Plaintiff reasonable collection and attorneys' fees which Plaintiff has calculated to be $3,817.30. 10. As of July 16, 2003, the principal and interest due and payable by Parent and Student to Plaintiff was $23,170.73, plus interest in the amount of $2.77 accruing per day from July 16, 2003. 11. As ofJuly 16, 2003, the outstanding balance of $23,170.73 represents the total and actual overdue value of the financing provided to Parent and Student under Note # 1, Note #2, Note #3, and Note #4 for which Parent and Student have yet to pay. COUNTI BREACH OF CONTRACT 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, Note #2, Note #3, and Note #4. 14. Parent and Student breached the expressed and implied obligations, conditions and terms of agreement ofNote #1, Note #2, Note #3, and Note #4 by failing to pay the amounts financed therein. WHEREFORE, Plaintiff demands judgment against Parent and Student in the amount of $23,170.73, plus interest in the amount of $2.77 per day, collection and attorneys' fees in the amount of $3,817.30 and costs of suit. COUNT H INOUANTUMMERUIT 15. Plaintiff 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. 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 $23,170.73, plus interest in the amount of $2.77 per day from July 16, 2003. WHEREFORE, Plaintiff demands judgment against Student in the amount of $23,170.73, plus interest in the amount of $2.77 per day from July 16, 2003, collection and attorneys' fees in the amount of $3,817.30 and costs of suit. MARTSON DEARDORFF By I.D. No. 87326 Ten East High Street Carlisle, PA 17013-3093 (717) 243-3341 Attorneys for Plaintiff & OTTO 5 7 Date: August 1, 2003 DICKINSON COLLEGE FLEXIBLE FINANCING SYSTEM - PLAN B EDUCATIONAL GOODS AND SERVICES RETAIL INSTALLMENT CONTRACT August 25, 1995 1. Seller: Dickinson College, Carlisle, Pennsylvania 17013-2896 Buyer(s): Cody C. Rembe 5010 92nd Ave. Mercer Island, WA 98040 If there is more than one Buyer, each of you will be obligated, jointly and severally, for all sums due and for the performance of all agreements as provided in this Contract. Under the terms of this Educational Goods and Services Retail Installment Contract, you have agreed to pay the expenses incurred for goods and services to be provided and rendered, as the case may be, to Cody T. Rembe (hereinafter Student ) during hie/her enrollment at Dickinson College during the 199$-1996 academic year, including tuition, room and board, books and supplies as herein stated (hereinafter the Goode and Services ). The Goode 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 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 $ 14,870.00 10.00 8 $ 7,673.04 $ 10,000.00 $ 17,673.04 $ 24,870.00 Rev 2/92 EXHIBIT "A" Rembe Number of Payments 152.00 *Variable Rate: Late Charge: Prepayment: Buyer a payment schedule will be as follows: Amount of Payments When Payments are Due $ 116.27 Monthly commencing 09/28/95 until 05/28/08 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 18. The ANNUAL PERCENTAGE RATE will not increase more than once a year, and the new interest rate will become effective on July 1 following the increase, if any, in the prime rate of interest. Any increase will be in the form of higher payment amounts. If your cost of the Goods and Services sold hereunder were $10,000.00 at 10.008 per annum for 152.00 months and the prime rate plus 18 were increased to 11.008, your regular monthly payments would-increase-to $122.19. Further, the ANNUAL PERCENTAGE RATE will not increase to more than 188 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 58 of the late payment (but no more than $2.50 and not less than $1.00) may be charged. Buyer may prepay the unpaid balance of the Amount Financed and any FINANCE CHARGE due through the date of early payment, in full or in art, without penalty. SEE SECTION VI OF THE CONTRACT BELOW FOR ANY ADDITIONAL INFORMATION ABOUT NON-PAYMENT, DEFAULT AND REQUIRED REPAYMENT BEFORE THE SCHEDULED DATE FOR REPAYMENT OF THE AMOUNT FINANCED. III. ITEMIZATION OF AMOUNT FINANCED 1. Cash price of Goode and Services: $ 24,870.00 2. Total down payment: 14,870.00 3. Unpaid balance of cash price (1 - 2): 10,000.00 4. Amount paid to others on Buyer a behalf: - 0 - 5. Amount Financed (3 + 4): $ 10,000.00 IV. CREDIT INSURANCE Credit life insurance for the term of this contract is not required. V. NO 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 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: Eduserv Technologies, Inc. P.O. Box 64974 St. Paul, MN 55164-0974 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. 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 costa 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. 7. If any part of this Contract is held to be illegal, void or unenforceable, that provision shall be deemed not to have been a part of this Contract, which shall otherwise remain fully effective. 8. APPLICABLE 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. 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. (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 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 ITS TERMS. BUYER(S): \ \ --(_1.M. t e 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 COSIGNER,f TRANSCRIPT OF A STUDENT'S RECORD WILL NOT BE RELEASED IF LOAN PAYMENTS TO THE COLLEGE ARE IN ARREARS OR DEFAULT. DATE: DICKINSON COLLEGE 9-Z43 BY ?C -e DICKINSON COLLEGE FLEXIBLE FINANCING SYSTEM - PLAN A EDUCATIONAL GOODS AND SERVICES RETAIL INSTALLMENT CONTRACT February 29, 1996 1. Seller: Dickinson College, Carlisle, Pennsylvania 17013 Buyer(s): Cody C. Rambo 5010 92nd Ave. Mercer Island, WA 98040-4722 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 Cody T. Rembe (hereinafter "Student") during his/her enrollment at Dickinson College during the 1995-1996 academic year, including tuition, room and board, books and supplies as herein stated (hereinafter the "Goode and Services"). The Goode 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 Prior to repay- ment: 11.00 During repay- ment: 11.00 FINANCE CHARGE: Dollar Amount credit will cost Buyer $2,238.50 AMOUNT FINANCED: Amount of credit provided by Dickinson College $ 3,013.00 TOTAL OF PAYMENTS: Amount paid by Buyer as total of all scheduled payments $ 5,241.50 TOTAL SALE PRICE: Total cost of purchase on credit including down payment of $ 21,857.00 $ 24,870.00 EXHIBIT "B" Buyer's payment schedule will be as follows: Number of Payments Amount of Payments 37 $ 27.62 72 $ 57.35 When Payments are Due monthly commencing 03/28/96, and continuing until 04/28/99 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 05/28/99 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: If a payment is more than 15 days late, a sum equivalent to 58 of the late payment (but no more than $2.50 and not less than $1.00) may be charged. Prepayment: Buyer may prepay the unpaid balance of the Amount Financed and any FINANCE CHARGE due through the date of early payment, in full or in part, without penalty. SEE SECTION VI OF THE CONTRACT BELOW FOR ANY ADDITIONAL INFORMATION ABOUT NON-PAYMENT, DEFAULT AND REQUIRED REPAYMENT BEFORE THE SCHEDULED DATE FOR REPAYMENT OF THE AMOUNT FINANCED. III. ITEMIZATION OF AMOUNT FINANCED 1. Cash price of Goods and Services: $ 24,870.00 2. Total down payment: 21,857.00 3. Unpaid balance of cash price (1 - 2): 3,013.00 4. Amount paid to others on Buyer's behalf: - 0 - 5. Amount Financed (3 + 4): $ 3,013.00 2 V. 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 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: Eduserv Technologies, Inc. P.O. Box 64974 St. Paul, MN 55164-0974 2. Buyer's legal rights include the right to pay all or part of the amounts due on this Contract in advance of their due dates, to obtain a refund or credit of unearned Finance Charge whenever the amount is paid in full in advance, and (with Seller's consent) to reinstate the Contract if Buyer timely cures any default. 3. Buyer shall be deemed to have committed an "Event of Default" of the Contract upon the occurrence of any of the following: (a) failure to make any payment on or before the date it is due, (b) failure to make a payment on any other Contract outstanding with Seller, (c) failure to perform any other provision of the Contract, (d) providing Seller with false information or signatures, (e) death, incompetence, or conviction of any Buyer of crime involving fraud or dishonesty, (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, dvising Buyer of the default and of Buyer's right to cure the default. The notice will provide thetime, amount and performance necessary. to cure the default. if Buyer doe3 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 3 Contract, which Assignee shall have all 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. 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 abc•ve. 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. (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 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. BUYER(S): I AGREE TO REPAY ALL AMOUNTA,_DUE-ON-THIS LOAN --IF_THE BORROWER(S)/BUYER(S) FAILS TO DO SO IN ACCORDANCE WITH THE /TERMS OF THE NOTE STUDENT COSIGNER TRANSCRIPT OF A STUDENT'S RECORD WILL NOT BE RELEASED IF LOAN PAYMENTS TO THE COLLEGE ARE IN ARREARS OR DEFAULT. DATE: DICKINSON COLLEGE 2- Z ri BY 4 DICKINSON COLLEGE FLEXIBLE FINANCING SYSTEM - PLAN B EDUCATIONAL GOODS AND SERVICES RETAIL INSTALLMENT CONTRACT Date: February 3, 1997 1. Seller: Dickinson College, Carlisle, Pennsylvania 17013-2896 Buyer(s): Cody C. Rembe 5010 92nd Ave. SE Merer Island, WA 98040 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 Cody T. Rembe (here inafter as "Student") during his/her enrollment at Dickinson College during the 1996-1997 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 Discl osures Required by Federal Law ANNUAL PERCENTAGE FINANCE CHARGE: AMOUNT FINANCED: TOTAL OF PAYMENTS: TOTAL SALE RATE:* Dollar amount Amount of credit Amount paid by PRICE: Cost of credit as credit will provided by Buyer as total of Total cost of yearly rate cost Buyer Dickinson College. all scheduled purchase on payments credit, in- cluding down payment of $26,410.00 9.25% $2,265.65 $3,700.00 $5,965.65 $22,710.00 Buyer's payment schedule will be as follows: EXHIBIT "C" Number of Payments Amount of Payments When Payments are Due monthly commencing 2/28/97 135 44.19 until 05/28/08. *Variable Rate: The ANNUAL PERCENTAGE RATE disclosed above is a variable rate and may change. The ANNUAL PERCENTAGE RATE may increase during the term of this transaction if the prime rate of interest announced in the Wall Street Journal as of. the close of business on June 30 of each calendar year increases, and will be increased to the prime rate plus 1%. The ANNUAL 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 $3,700.00 at 9.25% per annum for 135 months, and the prime rate plus 1% were increased to 10.25%, your regular monthly payments would increase to $46.29. 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 less than $.1..00). may be. charged. Prepayment: Buyer may prepay the unpaid balance of the Amount Financed and any FINANCE CHARGE due through the date of early payment, in full or in part, without penalty. SEE SECTION VI OF THE CONTRACT BELOW FOR ANY ADDITIONAL INFORMATION ABOUT NON-PAYMENT, DEFAULT AND REQUIRED REPAYMENT BEFORE THE SCHEDULED DATE FOR REPAYMENT OF THE AMOUNT FINANCED. III. ITEMIZATION OF AMOUNT FINANCED 1. Cash price of Goods and Services: $ 26,410.00 2. Total down payment: 22,710.00 3. Unpaid balance of cash price (1 - 2): 3,700.00 4. Amount paid to others on Buyer's behalf: -0- 5. Amount Financed (3 + 4): $3,700.00 V. 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. 2 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: Eduserv Technologies, Inc. P.O. Box 64974. St. Paul, MN 55164-0974 2. Buyer's legal rights include the right to pay all or part of the amounts due on this Contract in advance of their due dates, to obtain a refund or credit of unearned Finance Charge whenever the amount is paid in full in advance, and (with Seller's consent) to reinstate the Contract if Buyer timely cures any default. 3. Buyer shall be deemed to have committed an "Event of Default" of the Contract upon the occurrence of any of the following: ('a)- failure to make any payment on or before the date it is due, (b) failure to make a payment on any other Contract outstanding with Seller, (c)- failure to perform any other provision of the Contract, (d) providing Seller with false information or signatures, (e) death; incompetence; or conviction-of-any Buyer of crime involving fraud or dishonesty, (f) insolvency or bankruptcy of any Buyer. 4. Upon or after the occurrence of any Event of Default, Seller will provide Buyer with notice; by certified mail as required by law; addressed to- Buyer' -s -last known address as shown on Seller's records, advising Buyer of the default and of Buyer's right to cure the default. The notice will provide the time, amount and performance necessary to cure the default. If Buyer does not cure the default as provided in the notice, Seller's rights shall include the right to-declare all sums due on the Contract to be immediately due and payable. The Buyer agrees to pay all attorney's fees and other reasonable collection costs and charges necessary for the collection of any amount not paid when due. 5. Waiverby Seller of anyEvent 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. 7. If any part of this Contract is held to be illegal, void or unenforceable, that provision shall be deemed not to have been a part of this Contract, which shall otherwise remain fully effective. 8. APPLICABLE 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 preemptedby 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 3 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 Contractshall 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 -THISCONSUMER -CREDIT CONTRACT IS SUBJECT TO ALL CLAIMS-AND DEFENSES WHICH THE DEBTOR COULD ASSERT AGAINST THE SELLER OF GOODS OR SERVICES OBTAINED PURSUANT HERETO--OR-WITH-THE PROCEEDS HEREOF. RECOVERY,HEREUNDER BY THE -DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR HEREUNDER. NOTICE TO BUYER: (1) DO NOT SIGN THIS AGREEMENT BEFORE YOU READ IT OR IF IT CONTAINS ANY BLANK SPACE. (2) YOU ARE ENTITLED TO A COMPLETELY FILLED-IN COPY OF THIS AGREEMENT. (3) UNDER THE LAW, YOU HAVE THE RIGHT TO 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 TO BE LEGALLY BOUND BY ITS RM BUYER(S): I AGREE TO REPAY ALL S DUE ON THIS LOAN IF THE ROWER(S)/BUYER(S) FAILS TO DO SO IN ACCORDANCE WITH THE TERMS OF THE NO YTI STUDENT COSIGNER TRANSCRIPT OF A STUDENT'S RECORD WILL NOT BE RELEASED IF LOAN PAYbffNTS TO TBE COLLEGE-. ARE.. IN. ARREARS. OR DEFAULT. DATE q n DICKINSON COLLEGE q 4 U,,? OSI -OCO - OC - 0612- () o d-- DICKINSON COLLEGE FLEXIBLE FINANCING SYSTEM - PLAN B EDUCATIONAL GOODS AND SERVICES RETAIL INSTALLMENT CONTRACT September 18, 1998 1. Seller: Dickinson College, Carlisle, Pennsylvania 17013-2896 Buyer(s): Cody C. Rembe 838 Poplar Place South Seattle, WA 98144 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 Cody T. Rembe (hereinafter "Student") during his/her enrollment at Dickinson College during the 1999 academic year, including tuition, room and board, books and supplies as herein stated (hereinafter the "Goods and Services"). The Goods and Services shall include only tuition, room and board. II. TERMS OF PAYMENT AND PAYMENT SCHEDULE Disclosures Required by Federal Law ANNUAL FINANCE AMOUNT TOTAL OF TOTAL SALE PERCENTAGE CHARGE: FINANCED: PAYMENTS: PRICE: RATE:* Dollar amount Amount of credit Amount paid by Total cost of Cost of credit as credit will provided by Buyer as total purchase on yearly rate cost buyer Dickinson College of all scheduled credit, including payments down payment of $ 19,894.34 9.50% $ 4,648.42 $ 8,735.66 $ 13,384.08 $ 28,630.00 Rev 2/92 EXHIBIT "D" 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 fast payment date. Payments must be made to Eduserv Technologies, Inc. at the following address: EFG P.O. Box 1810 Winston Salem NC 27102-1810 2. Buyer's legal rights include the right to pay all or part of the amounts due on this Contract in advance of their due dates, to obtain a refund or credit of unearned Finance Charge whenever the amount is paid in full in advance, and (with Seller's consent) to reinstate the Contract if Buyer timely cures any default. 3. Buyer shall be deemed to have committed an "Event of Default" of the Contract upon the occurrence of any of the following: (a) failure to make any payment on or before the date it is due, (b) failure to make a payment on any other Contract outstanding with Seller, (c) failure to perform any other provision of the Contract, (d) providing Seller with false information or signatures, (e) death, incompetence, or conviction of any Buyer of crime involving fraud or dishonesty, (f) insolvency or bankruptcy of any Buyer. 4. Upon or after the occurrence of any Event of Default, Seller will provide Buyer with notice, by certified mail as required by law, addressed to Buyer's last known address as shown on Seller's records, advising Buyer of the default and of Buyer's right to cure the default. The notice will provide the time, amount and performance necessary to cure the default. If Buyer does not cure the default as provided in the notice, Seller's rights shall include the right to declare all sums due on the Contract to be immediately due and payable. The Buyer agrees to pay all 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. 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. • I» part of this Contract, which shall otherwise remain fully effective. ?l 'T 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. 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. (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 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. BUYER(S): b_i""l l wi, I AGREE TO REPAY ALL AMOE ON THIS LOAN IF HE BORROWER(S)BUYER(S) FAILS TO DO SO IN ACCORDANCE WITH THE TERN F THE NOTE: STUDENT COSIGNER TRANSCRIPT OF A STUDENT'S RECORD WILL NOT BE RELEASED IF LOAN PAYMENTS TO THE COLLEGE ARE IN ARREARS OR DEFAULT. DATE: 1-1-0. i Aq 8' DICKINSON COLLEGE BY 4 VERIFICATION I, THOMAS MEYER, Assistant Treasurer of Dickinson College, acknowledge that I have the authority to execute this Verification on behalf of Dickinson College and certify that the foregoing Complaint is based upon information which has been gathered by my counsel in the preparation of this lawsuit. The language of this Complaint is that of counsel and not my own. I have read the document and to the extent that this Complaint is based upon information which I have given to my counsel, it is true and correct and to the best of my knowledge, information 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 ?-t Thomas Meyer Assistant Treasurer ickinson College Dated: P MLES\DATA ILC\DClmwn C04g 7619\DeLiuwoGUl CoSS m]619Ll000momle\Mf Mt (I ? ) 3 IECEIVEL JUL 31 2003 "\A D1Nr F.\FILES\DATAFILE\DiakSUOn Co11ege7619\DickinsonCOllegeCollectio.7619C\Cu romt 64.praI Created' 2/18/04 IOr26AM Revised 2/18/04 228PM DICKINSON COLLEGE, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CODY C. REMBE and CODY T. REMBE, Defendants NO. 03-3724 CIVIL ACTION-LAW JURY TRIAL OF TWELVE DEMANDED PRAECIPE Please reinstate the attached Complaint against Cody C. Rembe and Cody T. Rembe, in the above-captioned action and return same to the undersigned for service. MARTSON David R. Gallo\Gay L D. Number 87326 Ten East High Street Carlisle, PA 17013 (717) 243-3341 WILLIAMS & OTTO Date: February 18, 2004 Attorneys for Plaintiff (? N (_ f j ' r ?1 ;ij-n ?-- ' -o m , c,, ,j < ?- --, -r t7 . ? ?. < _ ? ?? r,? ` i -. c.? r ? ?, :: P\R S\DAYAWI.6\Dlckmeon College 7619\DickmonCollegeCollectionS1619C1C=Cnt\64.pra/tdc C.o,i 2118/04 10.26" Revised: 4/30/04 11 27AM ]619c. DICKINSON COLLEGE, Plaintiff V. CODY C. REMBE and CODY T. REMBE, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAIN[D COUNTY, PENNSYLVANIA NO. 03-3724 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 served on Cody C. Rembe on April 17, 2004, by the Sheriff of King County of Washington, a copy of the Return of Service is attached hereto. Attached is a copy of the receipt showing the cost of service was $66.10. MARTSON David R. Galloway, Esqi I.D. No. 87326 Ten East High Street Carlisle, PA 17013-3093 (717) 243-3341 WILLIAMS & OTTO Date: April 29, 2004 Attorneys for Plaintiff SHERIFF RETURN OF SERVICE 431479 lsw PENNSYLVANIA STATE OF WASHINGTON) CAUSE# 7619C.64 SS. COUNTY OF KING ) PROCESS- Notice & Order Dickinson College, Plaintiff, VS. Cody C. Rembe & Cody T. Rembe, DATE RECEIVED 4 9 04 Defendants. DATESERVED 4 17 04 DATE OF RETURN 4/19/04 I Gus Hall BEING FIRST DULY SWORN, UPON OATH, DEPOSE AND STATE THAT I AM A CITIZEN OF THE UNITED STATES, A CITIZEN AND RESIDENT OF THE STATE OF WASHINGTON, OVER THE AGE OF EIGHTEEN YEARS, NOT A PARTY TO, NOR INTERESTED IN ANY WAY IN THIS ACTION, AM COMPETENT TO BE A WITNESS THEREIN. I AM A DULY APPOINTED, QUALIFIED DEPUTY SHERIFF OF THE KING COUNTY SHERIFF'S OFFICE, KING COUNTY STATE OF WASHINGTON, AND WAS SUCH DEPUTY SHERIFF AT ALL TIMES HEREIN MENTIONED. UNDER THE STATUTES OF THE STATE OF WASHINGTON, A DEPUTY SHERIFF POSSESSES THE POWER TO PERFORM CERTAIN DUTIES PRESCIBED BY LAW TO BE PERFORMED BY THE SHERIFF, INCLUDING SERVING OR EXECUTING ACCORDING TO LAW ALL PROCESS, WRITS, PRECEPTS, AND ORDERS ISSUED OR MADE BY LAWFUL AUTHORITY AND TO HIM DIRECTED. I RECEIVED THE ABOVE NAMED PROCESS AND PERSONALLY SERVED A TRUE COPY OF SAID PROCESS ON THE SAID Cody C. Rembe ON THE DATE ABOVE SPECIFIED, SAID PERSON BEING EITHER THE DEFENDANT (S) NAMED THEREIN, OR BY DELIVERING SUCH COPY TO AND LEAVING IT AT 2765 73rd Avenue, SE, Mercer Island WA 98040•-2629 IN SAID KING COUNTY. Cody T. Rembe Address: 515 Octavia St. #7 (415) 252-7944 San Francisco, CA 94102 SHERIFF DAVID G. REICHERT SHERIFF'S FEES KING FS OFFICE B SERVICE $ 22.00 DEPUTY SHERIFF MILEAGE $ 37.60 SUBSCR D AND SWO TO BEFORE ME DAY OF I 200 NOTARY $ 6.50 ot? NOTARY PUBLIC IN AND FOR THE STATE TOTAL $ FI I L OF WASHINGTON RESIDING AT M_Y COMMISSION EXPIRES I ^ 5 02 UO c CERTIFICATE OF SERVICE I, Tricia D. Eckenroad, 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. Cody C. Rembe 2765 73rd Avenue, SE Mercer island, WA 98040 MARTSON DEARDORFF WILLIAMS & OTTO cia D. Eckenroad Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: April 29, 2004 'Of^) TC`<? a' fTl ro a N : C i , r ? z C m J F:\FILES\Clients\DickinsonCollege7619\Collections\Cur ent\64\7619C.64.pra3/tde Created: 2/18/04 10: 26AM Revised: 10/10/07 3:35PM 7619c. Christopher E. Rice, Esquire MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES I.D. 90916 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff DICKINSON COLLEGE, Plaintiff V. CODY C. REMBE and CODY T. REMBE, Defendants To the Prothonotary: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-3724 CIVIL ACTION-LAW JURY TRIAL OF TWELVE DEMANDED PRAECIPE Please enter the appearance of Christopher E. Rice, Esquire, for the Plaintiff in the above- captioned matter. MARTSON LAW OFFICES By Christopher E. Rice, Esquire I.D. No. 90916 Ten East High Street Carlisle, PA 17013-3093 (717) 243-3341 Date: j6) ) 2 je -? Attorneys for Plaintiff °"4317: O 1 DICKINSON COLLEGE, vs Case No. 03 - 3724 CODY C. REMBE and CODY T. REMBE Statement of Intention to Proceed To the Court: Martson Deardorff Williams Otto Gilroy & Faller intends to proceed with the above captioned matter. Christopher E. Rice e4?, S Print Name Sign Name Date: Attorney for Explanatory Comment The Supreme Court of Pennsylvania has promulgated new Rule of Civil Procedure 230.2 governing the termination of inactive cases and amended Rule of Judicial Administration 1901. Two aspects of the recommendation merit comment. 1. Rule of civil Procedure New Rule of Civil Procedure 230.2 has been promulgated to govern the termination of inactive cases within the scope of the Pennsylvania Rules of Civil Procedure. The termination of these cases for inactivity was previously governed by Rule of Judicial Administration 1901 and local rules promulgated pursuant to it. New Rule 230.2 is tailored to the needs of civil actions. It provides a complete procedure and a uniform statewide practice, preempting local rules. This rule was promulgated in response to the decision of the Supreme Court in Shop v. Eagle, 551 Pa. 360,710 A.2d 1104 (1998) in which the court held that "prejudice to the defendant as a result of delay in prosecution is required before a case may be dismissed pursuant to local rules implementing Rule of Judicial Administration 1901." Rule of Judicial Administration 1901(b) has been amended to accommodate the new rule of civil procedure. The general policy of the prompt disposition of matters set forth in subdivision (a) of that rule continues to be applicable. II Inactive Cases The purpose of Rule 230.2 is to eliminate inactive cases from the judicial system. The process is initiated by the court. After giving notice of intent to terminate an action for inactivity, the course of the procedure is with the parties. If the parties do not wish to pursue the case, they will take no action and "the Prothonotary shall enter an order as of course terminating the matter with prejudice for failure to prosecute." If a party wishes to pursue the matter, he or she will file a notice of intention to proceed and the action shall continue. a. Where the action has been terminated If the action is terminated when a party believes that it should not have been terminated, that party may proceed under Rule230(d) for relief from the order of termination. An example of such an occurrence might be the termination of a viable action when the aggrieved party did not receive the notice of intent to terminate and thus did not timely file the notice of intention to proceed. The timing of the filing of the petition to reinstate the action is important. If the petition is filed within thirty days of the entry of the order of termination on the docket, subdivision (d)(2) provides that the court must grant the petition and reinstate the action. If the petition is filed later than the thirty-day period, subdivision (d)(3) requires that the plaintiff must make a show in to the court that the petition was promptly filed and that there is a reasonable explanation or legitimate excuse both for the failure to file the notice of intention to proceed prior to the entry of the order of termination on the docket and for the failure to file the petition within the thirty-day period under subdivision (d)(2). B. Where the action has not been terminated An action which has not been terminated but which continues upon the filing of a notice of intention to proceed may have been the subject of inordinate delay. In such an instance, the aggrieved party may pursue the remedy of a common law non pros which exits independently of termination under Rule 230.2. o-/7-o7 Plaintiff `?} 4"S C7 C'y? ?1 rat ? ! . ,:` ? .,.-+ ,,.._ -r; ?? .rs , U; N --' ?y; __.. - ._? c. . ,? ? y ? _ :? ? ? ? .e . C.s DICKINSON COLLEGE, Plaintiff V. CODY C. REMBE and CODY T. REMBE, Defendants TO: CODY C. REMBE, DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-3724 CIVIL ACTION-LAW : JURY TRIAL OF TWELVE DEMANDED NOTICE OF ENTRY OF DEFAULT JUDGMENT You are hereby notified that on dtrl??K,Q?-K ,I-V , 2008, the following Judgment was entered against you in the above-captioned case: Judgment in the amount of $23,170.73, plus interest in the amount of $2.77 per day from July 16, 2003, collection and attorneys' fees in the amount of $3,817.30 and costs of suit. Date: 141.,.it?WZAt Pr onotary I hereby certify that the name and address of the proper person to receive this notice under Pa. R. Civ. P. 236 is: Mr. Cody C. Rembe 7929 South 19"' Street Kent, WA 98032 F: \F[LES\Clients\DickinsonCollege7619\Collections\Current\64\7619C.64.pra. default Created: 3/5/03 2:23:29 PM Revised: 11/24/08 112948 AM DICKINSON COLLEGE, Plaintiff v. CODY C. REMBE and CODY T. REMBE, Defendants TO THE PROTHONOTARY: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-3724 CIVIL ACTION-LAW JURY TRIAL OF TWELVE DEMANDED PRAECIPE Enter default judgment in the above-captioned action in favor of Plaintiff and against Defendant Cody C. Rembe, in the amount of $23,170.73, plus interest in the amount of $2.77 per day from July 16, 2003, collection and attorneys' fees in the amount of $3,817.30 and costs of suit. I do hereby certify that a written notice of intention to file this Praecipe was mailed to the Defendant, Cody C Rembe, at the address indicated thereon, on November 12, 2008, which date was subsequent to the date default occurred and at least ten (10) days prior to the date of the Praecipe. MARTSON LAW OFFICES By: Christopher E. Rice, Esquire I.D. Number 90916 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff Dated: IpIle F:\FILES\Clients\DickinsonColkge7619\Collections\Current\64\7619C.64.10daynoticekny Created: 5/12/03 147:03 PM Revised: I I/11/08 3:34.19 PM 7619C.64 DICKINSON COLLEGE, Plaintiff V. CODY C. REMBE and CODY T. REMBE, : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-3724 CIVIL ACTION-LAW Defendants JURY TRIAL OF TWELVE DEMANDED TO: CODY C. REMBE DATE OF NOTICE: November 12, 2008 7929South 19" Street, Kent, WA 98032 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 LAW OFFICES By: Christopher E. Rice, Esquire DICKINSON COLLEGE, Plaintiff V. CODY C. REMBE and CODY T. REMBE, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-3724 CIVIL ACTION-LAW : JURY TRIAL OF TWELVE DEMANDED AFFIDAVIT AS TO MILITARY SERVICE COMMONWEALTH OF PENNSYLVANIA ) SS COUNTY OF CUMBERLAND ) Christopher E. Rice, Esquire, being duly sworn according to law, deposes and says that he has authority to make this affidavit on behalf of his client, and to the best of his knowledge, information and belief, the Defendant, Cody C. Rembe, above named is not in the military service of the United States of America, that he has knowledge that the said Defendant, Cody C. Rembe, is now living at: 7929 South 19' Street, Kent, WA 98032. Said Defendant's place of employment is unknown. Christopher E. Rice, Esquire Sworn to and subscribed before me this day of Mina der , 2008. No ublic COMMONWEALTH OF PENNSYLVANIA Notarial Seal Mary M. Price, Notary Public Carlisle Boro. Cumberiand County my Corrurrission E)ires Aug. 18, 2011 Member, Pennsylvania Assaciation of Notaries DICKINSON COLLEGE, Plaintiff V. CODY C. REMBE and CODY T. REMBE, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-3724 CIVIL ACTION-LAW : JURY TRIAL OF TWELVE DEMANDED COMMONWEALTH OF PENNSYLVANIA ) SS COUNTY OF CUMBERLAND ) Christopher E. Rice, Esquire, being duly sworn according to law, deposes and says that he is an employee of MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER, attorneys for the Plaintiff in the above captioned matter and that pursuant to the provisions of the Pennsylvania Rules of Civil Procedure, a notice of intention to enter default judgment against the Defendant, Cody C. Rembe, was given to him by mail on November 12, 2008. Ce -/'rt g /--? Christopher E. Rice, Esquire Sworn to and subscribed Qn ' before me this day of 2008. N t Public COMMONWEALTH OF PENNSYLVANIA Notarial Seal Mary M. Price, Notary Public Carlisle Boro, Curnberiand Courriy My CommkOw Expires Aug. 18, 2011 Member, Pennsylvania A•sacl&Vom of Netari@§ 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: Mr. Cody C. Rembe 7929 South 19' Street Kent, WA 98032 Mr. Cody T. Rembe 15205 14e Way SE Renton, WA 98058 MARTSON LAW OFFICES By 6-402A.0 M. Price n East High Street Carlisle, PA 17013 (717) 243-3341 Dated: /f,6'L ?f f 08' THIS IS A DEBT COLLECTING FIRM ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. C7 ? „S tns p _ .? 1 .?.., cN c FARLES\Clients\7619 Dickinson College\Collections\Cutrent\64\7619C.64.pra4/tde Created: 2/18/04 10: 26AM Revised: 10/6/09 10:30AM 7619c. Christopher E. Rice, Esquire MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES I.D. 90916 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff DICKINSON COLLEGE, Plaintiff V. CODY C. REMBE and CODY T. REMBE, Defendants To the Prothonotary: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-3724 CIVIL ACTION-LAW : JURY TRIAL OF TWELVE DEMANDED P- Please reinstate the Complaint in the above-referenced matter. MARTSON LAW OFFICES By /-"It ?_ /2-- Christopher E. Rice, Esquire I.D. No. 90916 Ten East High Street Carlisle, PA 17013-3093 (717) 243-3341 Date: `0 Q? Attorneys for Plaintiff F LED-CfFICE OE THE PROTHONOTARY 2009 OCT -6 AM It: 35 CU?? .:Ja?l1' # mx UG ?"Y kr.F t??'? ? 1055 F:\FILES\Clients\7619 Dickinson College\Collections\Cumnt\64\7619C.64.pm4/tde Created: 2/18/04 10: 26 AM Revised: 12/2/09 9:08AM 7619c. Christopher E. Rice, Esquire MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES I.D. 90916 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff DICKINSON COLLEGE, Plaintiff V. CODY C. REMBE and CODY T. REMBE, Defendants To the Prothonotary: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-3724 CIVIL ACTION-LAW JURY TRIAL OF TWELVE DEMANDED PRAECIPE Please reinstate the Complaint in the above-referenced matter. MARTSON LAW OFFICES BY s" /11 Christopher E. Rice, Esquire I.D. No. 90916 Ten East High Street Carlisle, PA 17013-3093 (717) 243-3341 Date: I,Z/?/p 7 Attorneys for Plaintiff FILEC : E 2009 DEC -2 A l i : ( 3 4 10.00 PQ m-r-/ CIC +aiss i t aS45(ol F:\F1LES\C1ients\7619 Dickinson College\Collections\CwTent\64\7619C.64.pra4/tde Created: 2/18104 10:26AM Revised: 2/18/10 10: 27AM 7619c. Christopher E. Rice, Esquire MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES I.D. 90916 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff VC ,u W , 0 ` ,ELY 2010 FEB 10 PM 2: 03 DICKINSON COLLEGE, Plaintiff V. CODY C. REMBE and CODY T. REMBE, Defendants To the Prothonotary: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-3724 CIVIL ACTION-LAW JURY TRIAL OF TWELVE DEMANDED PRAECIPE Please reinstate the Complaint in the above-referenced matter. MARTSON LAW OFFICES By Christopher E. Rice, Esquire I.D. No. 90916 Ten East High Street Carlisle, PA 17013-3093 (717) 243-3341 Date: g_/f3_/0 Attorneys for Plaintiff O I o. oo PO ATr}I Cy-"* a'119 (0 er* a377s7 F:\FILES\Clien[s\7619 Dickinson College\Collections\Current\64\7619C.64.affidavitserviceltde Created: 2/ 18/04 10:26AM Revised: 319/10 2:35PM 7619c. Christopher E. Rice, Esquire MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES I.D. 90916 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff 41..1=~"i.JI:': E~~ TJ~ J ~"'~ 1 1 ZO l 0 t'¢~[~ 10 ~~ ~ I I ' t ~ CUP~tt~~.: ' : - DICKINSON COLLEGE, 1N THE COURT OF COMMON PLEAS OF Plaintiff CUMBE~L,AND COUNTY, PENNSYLVANIA v. NO. 03-3724 CIVIL ACTION-LAW CODY C. REMBE and CODY T. REMBE, Defendants JURY TRIAL OF TWELVE DEMANDED PROOF OF SERVICE AND COST OF SERVICE PURSUANT TO THE PENNSYLVANIA. LONG ARM STATUTE To the Prothonotary: Attached is the Affidavit of Service indicating Defendant was served with the Complaint on February 25, 2010, at a cost of $50.00 for service. MARTSON LAW OFFICES By ~~ ~~ Christopher E. Rice, Esquire Ten EastHigh Street Carlisle, PA 17013 (717) 243-3341 Date: ~ ~ /, ~O Attorneys for Plaintiff KING CC)UI~f"1'Y 00496116/cm STATE OF WASHINGTON COUNTY OF KING DICKINSON COLLEGE, Plaintiff, vs. RETURN OF SERVICE CAUSE N0.03-3724 COURT OF COMMON PLEAS ss. OF CUMBERLAND COUNTY, PENNSYLVANIA CODY C. REMBE and CODY T. REMBE, Defendants. PROCESS: NOTICE -JURY TRIAL OF TWELVE DEMANDED; COMPLAINT; EXHIBIT A,B,C,D DATE RECEIVED: 2/22/2010 DATE SERVED: 2/25/2010 3:30 PM DATE OF RETURN: 3/1/2010 NAMED PARTY: CODY T. REMBE I, DAVID EASTERLY, BEING FIRST DULY SWORN, UPON OATH, DEPOSE AND STATE THAT I AM A CITIZEN OF THE UNITED STATES, A CITIZEN AND RESIDENT OF THE STATE OF WASHINGTON, OVER THE AGE OF EIGHTEEN YEARS, NOT A PARTY TO, NOR INTERESTED IN ANY WAY IN THIS ACTION, AM COMPETENT TO BE A WITNESS THEREIN. I AM A DULY APPOINTED, QUALIFIED DEPUTY SHERIFF OF THE KING COUNTY SHERIFF'S OFFICE, KING COUNTY, STATE OF WASHINGTON, AND WAS SUCH DEPUTY SHERIFF AT ALL TIMES HEREIN MENTIONED. UNDER THE STATUTES OF THE STATE OF WASHINGTON, A DEPUTY SHERIFF POSSESSES THE POWER TO PERFORM CERTAIN DUTIES PRESCRIBED BY LAW TO BE PERFORMED BY THE SHERIFF, INCLUDING SERVING OR EXECUTING ACCORDING TO LAW ALL PROCESS, WRITS, PRECEPTS, AND ORDERS ISSUED OR MADE BY LAWFUL AUTHORITY AND TO HIM DIRECTED. I RECEIVED THE ABOVE NAMED PROCESS AND I SERVED A TRUE COPY OF SAID PROCESS UPON THE NAMED PARTY, CODY T. REMBE, BY DELIVERING SUCH TRUE COPY PERSONALLY, AND 1N PERSON, TO CAMERON REMBE, WHO IS THE BROTHER OF CODY T. REMBE, AT THEIR SHARED RESIDENCE, ON THE DATE ABOVE SPECIFIED, AT-10152 NE 116TH PLACE. KHtKLAND. WA 98034 IN SAID KING COUNTY. CAMERON STATED THAT HIS BROTHER WAS AWAY VISITING IN SAN FRANCISCO. SHERIFF SUSAN L. RAHR KING COUN }SHERIFF'S OFFICE SHERIFF'S FEES BY P 1 DAVID E~~ERLY KING CO NTY DEPUTY SHERIFF 516 Third Ave, Room W-150 Seattle, WA 98104 Service Fee 15.00 Return of Service 10.00 Mileage 15.00 Notary Fee 10.00 Total $50.00 SUBSCRIBEI) AND SWORN TO BEFORE ME THIS ~`'~ DAY OF ~~ , ~II~ NOTARY PUBLIC IN AND FOR THE STATE OF WASHINGTON RESH)ING IN SEATTLE MY COMMISSION EXPHtES (}~ ~ . aD c~ ~~ oZ NOTARY ~~~ 3/1/2010 1:18:03PM ' King County SHERIFF'S OFFICE Civil Process Unit, 516 Third Ave., Room W 150, Seattle, WA 98104-2312 Civil Fee Statement Closing Date: 03/01/2010 MARTSON LAW OFFICES Phone: (717)243-3341 10 EAST HIGH STREET Amount Due: 0.00 CARLISLE, PA 17013 Case #: 03-3724 COURT OF COMMON PLEAS OI Invoice Date: 3/1/2010 Invoice #: 00496116 Process: NOTICE -JURY TRIAL OF TWELVE DEMANDED; COMPLAINT; EXHIBIT A,B,C,D Payment Due Upon Receipt Please send a copy of this invoice with your remittance DICKINSON COLLEGE, Plaintiff, vs. CODY C. REMBE and CODY T. REMBE, Defendants. Servee: CODY T. REMBE Address: 10152 NE 116TH PLACE KIRKLAND, WA 98034 Deputy Sheriff: David Easterly 05052 Service Date: 02/25/2010 Time: 3:30 pm Method of Service: Sub-service Advance: $50.00 Charge Amount Service Fee 15.00 Return of Service 10.00 Mileage 15.00 Notary Fee 10.00 Total Charges 50.00 Payment Date Check Number Amount 02/24/2010 22206 50.00 Payment Total 50.00 Amount Due: 0.00 CERTIFICATE OF SERVICE I, Mary M. Price, an authorized agent for Martson Deardorff Williams Otto Gilroy & Faller, hereby certify that a copy of the foregoing Proof of Service and Cost of Service was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Mr. Cody T. Rembe 10152 NE 116`'' Place Kirkland, WA 98034 MARTSON LAW OFFICES By M .Price Ten ast High Street 3 ld ~D/v Carlisle, PA 17013 (717) 243-3341 This is a debt collecting firm for Dickinson College. Any information obtained will be used for that purpose. ~' DICKINSON COLLEGE, Plaintiff v. CODY C. REMBE and CODY T. REMBE, Defendants TO: CODY T. REMBE, DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-3724 CIVIL ACTION-LAW JURY TRIAL OF TWELVE DEMANDED NOTICE OF ENTRY OF DEFAULT JUDGMENT You are hereby notified that on ~/~~! ~ , 2010, the following Judgment was entered against you in the above-captioned case: Judgment in the amount of $23,170.73, plus interest in the amount of $2.77 per day from July 16, 2003, collection grid attorneys' fees in the amount of $3,817.30 and costs of suit. Date: /~% Pro tart' I hereby certify that the name and address of the proper person to receive this notice under Pa. R. Civ. P. 236 is: Mr. Cody T. Rembe 10152 NE 116"' Place Kirkland, WA 98034 ~ F \FILBS\Clients\7619 Dickinson College\Collections\Current\64V619C.64.pra.default2 Created: 3/5/03 22329 PM Revised: 4/19/10 43329 PM DICKINSON COLLEGE, Plaintiff v. CODY C. REMBE and CODY T. REMBE, Defendants TO THE PROTHONOTARY: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-3724 CNIL ACTION-LAW JURY TRIAL OF TWELVE DEMANDED PRAECIPE Enter default judgment in the above-captioned action in favor of Plaintiff and against Defendant Cody T. Rembe, in the amount of $23,170.73, plus interest in the amount of $2.77 per day from July 16, 2003, collection and attorneys' fees in the amount of $3,$17.30 and costs of suit. I do hereby certify that a written notice of intention to file this Praecipe was mailed to the Defendant, Cody T. Rembe, at the address indicated thereon, on March 25, 2010, which date was subsequent to the date default occurred and at least ten (10) days prior to the date of the Praecipe. MARTSON LAW OFFICES Dated: ~ ~~ ~ ~ S ~~~.._ Christopher E. Rice, Esquire I.D. Number 90916 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff C) ° `=n ~--- :~: Q =~ ~ r;- T C' i ,~ N ~ r~ t ~: \_ Ti i '.'~ " " _- f....' L-- 1 t ice` 'z _,~ . :~ ..,~ ~ ~IJ g~7•Q~C~~ti".~ c~~ ~a~f3.~ ~~ ~-`~D 94~~ By: .1U-}}te ,~aa~lC~. F:\FILES\Clients\7619 Dickinson College\Collections\Current\64V619C.64.lodaynotice. ctrlcny Christopher E. Rice, Esquire MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES I.D. No. 90916 10 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. 03-3724 CNIL, ACTION-LAW CODY C. REMBE and CODY T. REMBE, Defendants JURY TRIAL OF TWELVE DEMANDED TO: CODY T. REMBE DATE OF NOTICE: March 25, 2010 10152 NE 116"' Place, Kirkland, WA 98034 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 WTTH INFORMATION ABOUT HIlZING A LAWYER. IF YOU CANNOT AFFORD TO HIl2E A LAWYER, THIS OFFICE MAYBE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. This is a debt collecting firm attempting to collect a debt. Any information obtained will be used for that purpose. Cumberland County Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 Telephone:(717) 249-3166 By: MARTSON LAW OFFICES Christopher E. Rice, Esquire DICKINSON COLLEGE, Plaintiff v. CODY C. REMBE and CODY T. REMBE, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-3724 CNIL ACTION-LAW JURY TRIAL OF TWELVE DEMANDED AFFIDAVIT AS TO MILITARY SERVICE COMMONWEALTH OF PENNSYLVANIA ) SS COUNTY OF CUMBERLAND ) Christopher E. Rice, Esquire, being duly sworn according to law, deposes and says that he has authority to make this affidavit on behalf of his client, and to the best of his knowledge, information and belief, the Defendant, Cody T. Rembe, above named is not in the military service of the United States of America, that he has knowledge that the said Defendant, Cody T. Rembe, is now living at: 10152 NE 116`" Place, Kirkland, WA 98034. Said Defendant's place of employment is unknown. S ,~__ Christopher E. Rice, Esquire Sworn to and subscribed before me this a~ day of , 2010. COMMONWEALT~i OF PENNSYLVANIA Notarial Seal Mary M. Price, Notary Public Carlisle Sort+, ta~mberland County My Commission Expires Aug. 18, 2011 Member, Pennsylvania Assaclatlon c>t Not~rl~t+ DICKINSON COLLEGE, IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 03-3724 CIVIL ACTION-LAW CODY C. REMBE and CODY T. REMBE, Defendants :JURY TRIAL OF TWELVE DEMANDED COMMONWEALTH OF PENNSYLVANIA ) SS COUNTY OF CUMBERLAND Christopher E. Rice, Esquire, being duly sworn according to law, deposes and says that he is an employee of MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER, attorneys for the Plaintiff in the above captioned matter and that pursuant to the provisions of the Pennsylvania Rules of Civil Procedure, a notice of intention to enter default judgment against the Defendant, Cody T. Rembe, was given to him by mail on March 25, 2010. Christopher E. Rice, Esquire Sworn to and subscn ed before me this « day of , 2010. p~ No ry ublic COMMON~!V~AL r ~s u~_.''~NrVSYLVANIA ~~~tariai SeaE Mary M. ~~~~~. Notary Public Carlisle Bom Curn~ieiiand Count)' My Comrnissic;~i L xpires ,~ug.18, 2011 Member, Pennsy9^.;,rla ~~'~s:cr ~dss,T#c~n of MotAti~s~ 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: Mr. Cody T. Rembe 10152 NE 116`" Place Kirkland, WA 98034 MARTSON LAW OFFICES By / i~~ M. Price T n East High Street Carlisle, PA 17013 (717) 243-3341 Dated: ~ ~/~D THIS IS A DEBT COLLECTING FIRM ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.