The URL can be used to link to this page

Home My WebLink About03-4041DICKINSON COLLEGE, Plaintiff JOHN N. FOLLANSBEE and MARK FOLLANSBEE, Defendants 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. ~3- t~W~ CIVIL ACTION- LAW JURY TRIAL OF TWELVE DEMANDED PRAECIPE Please issue a Writ of Smnmons to be served upon John N. Follansbee, Rose Bank Church Road, West Hanningfield, CheLmsfrd Essex, CM2 8UJ United Kingdom and Mark Follansbee, 1571 8th Street, Berkeley, California 94710. Please return both Writs to below signed for service. Date: August 18, 2003 MARTSON DEARDORa~FxWILLIAMS & OTTO B Ten East High Street ~ Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff Commonwealth of Pennsylvania County of Cumberland WRIT OF SUMMONS DICKINSON COLLEGE Plaintiff Vs. MARK FOLLANSBEE Defendant Court of Common Pleas No. 03-4041 In CivilAction-Law To MARK FOLLANSBEE, 1571 8TM STREET, BERKELEY, CALIFORNIA 94710 You are hereby notified that DICKINSON COLLEGE the Plaintiffhas / have commenced an action in Civil Action-Law against you which you are required to defend or a default judgment may be entered against you. (SEAL) CURTIS R. LONG Prothonotary Date 8/18/03 ~ Deputy Attorney: Name: DAVID R GALLOWAY, ESQUIRE Address: 10 EAST HIGH STREET, CARLISLE, PA 17013 Attorney for: Plaintiff Telephone: (717) 243-3341 Supreme Court ID No. 87326 Commonwealth of Pennsylvania County of Cumberland WRIT OF SUMMONS DICKINSON COLLEGE Plaintiff Vs. JOHN N. FOLLANSBEE Defendant Court of Common Pleas No. 03-4041 In CivilAction-Law To JOHN N. FOLLANSBEE, ROSE BANK CHURCH ROAD, WEST HANNINGFIELD, CHELMSFRD ESSEX, CM28UJ UNITED KINGDOM You are hereby notified that DICKINSON COLLEGE the Plaintiffhas / have commenced an action in Civil Action-Law against you which you are required to defend or a defauit judgment may be entered against you. (SEAL) Date 8/1 ~8/03 Attorney: Name: DAVID R GALLOWAY, ESQUIRE CURTIS R. LONG Prothonotary Address: 10 EAST HIGH STREET, CARLISLE, PA 17013 Attorney for: Plaintiff Telephone: (717) 243-3341 Supreme Court ID No. 87326 DICKINSON COLLEGE, Plaintiff JOHN N. FOLLANSBEE and MARK FOLLANSBEE, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-4041 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 Mark Follansbee, 1571 8th Street, Berkeley, CA 94710 on August 22, 2003, by certified mail, restricted delivery, return receipt requested. Attached is the Post Office return receipt signed and dated August 30, 2003 and a copy of the receipt showing the cost of service was $7.92. MARTSON DEAI*X)O/~,,WILLIAMS & OTTO David R. Gallo~Tay, Esquire (/ I.D. No. 87326 ~ Ten East High Street Carlisle, PA 17(}13-3093 (717) 243-3341 Date: September 17, 2003 Attorneys for Plaintiff · Cemplete item~ 1, 2, and 3. Also complete Item 4 if Restricted Delivery is desired. · I~nt your name and address on the reverse ~o that we can return the card to you. · Attach this card to the back of the mailpiece, ~- on the front if space permits. 1..Ntj¢, le Addreeeed to: 2. Nllele Number Ps Form 3811, Augu~ 2001 [] Registered [] Return Receipt for Memham:#~e [] Insurad Malt [] C.O.D. 7003 1010 0001 9,2[]2 7704 102595-02-M-1035 CERTIFICATE OF SERVICE I, Marti Iben, an authorized agent ofMartson DeardorffWilliams & Otto, hereby certify that a copy of the foregoing Praeeipe 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 mail, postage prepaid, addressed as follows: Mr. Mark Follansbee 1571 8th Street Berkeley, CA 94710 MARTSON DEARDORFF WILLIAMS & OTTO Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: September 17, 2003 F:\FI L ES/DATA FI LE\Dickinson College 7619/DickinsonCollegeCollections7619C\DecumenCq\203-com I wpd/drg Created 3/17/03 9:25:57 PM Revised: 9/23/03 4:0:53 PM 7619c 203 DICKINSON COLLEGE, Plaintiff JOHN N. FOLLANSBEE and MARK FOLLANSBEE, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-4041 - 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 170113 Telephone (717) 249-3166 Date: September 24, 2003 MARTSON DEARI2~F WILLIAMS & OTTO squi4 I.D. No. 8732~' ~ Ten East High Street ~ Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff DICKINSON COLLEGE, Plaintiff JOHN N. FOLLANSBEE and MARK FOLLANSBEE, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-4041 - 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. 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, John N. Follansbee, (hereinafter "Panmt"), is an adult individuals residing with a last known address of Rose Bank Church Road, West Hanningfield, Chelmsfi'd, Essex, CM28UJ, United Kingdom. 3. Defendant, Mark Follansbee, (hereinafter "Student"), is an adult individual with a last known address of 1571 8th Street, Berkeley, California, 94710. 4. On or about August 24, 1992, Parent and Student ,mtered into a Promissory Note (Note # 1 ) with Plaintiff for the financing of $10,000.00, plus interest, for educational services and benefits to Student at Plaintiff's institution. A copy of Note #1 is attached hereto as Exhibit "A." 5. Note #1 grants Plaintiff reasonable collection and attorneys' fees which Plaintiff has calculated to be $1,500.00. 6. As of July 15, 2003, the principal and interest due and payable by Parent and Student to Plaintiff was $17,889.91, plus interest in the amount of $1.35 per day fi.om July 15, 2003. 7. At Parent's and Student' s request, Plaintiff deferred all payments due on Note # 1 until August 28, 1999. 8. As of July 15, 2003, the outstanding balance of$17,889.91 represents the total and actual overdue value of the financing provided to Parent and Student under Note # 1 for which they have yet to Plaintiff fulfilled, performed and complied with all obligations and conditions of Note COUNT I BREACH OF CONTRACT Dickinson College v. John N. Follansbee & Mark Follansbee 10. Plaintiff hereby incorporates by reference the averments contained in Paragraphs 1 through 9 of this Complaint. 11. Parent and Student breached the expressed and implied obligations, conditions and terms of agreement of Note #1 by failing to pay the amounts financed therein. WHEREFORE, Plaintiff demands judgment against P~xent and Student in the amount of $17,889.91, plus interest in the amount orS 1.35 per day from July 15, 2003, collection and attorneys' fees in the amount of $1,500.00 and costs of suit. COUNT H IN QUANTUM MER UIT Dickinson College v. Mark Follansbee 12. Plaintiff hereby incorporates by reference the averments contained in Paragraphs 1 through 11 of this Complaint. 13. Having requested Plaintiffto loan money, and doing so to the benefit of Student, Student became liable to Plaintiff for said money. 14. Student has been unjustly enriched by accepting said money without paying Plaintiff reasonable compensation therefor. 15. The total amount by which Student has become em'iched is $17,889.91, plus interest in the amount of $1.35 per day from July 15, 2003. WHEREFORE, Plainfiffdemands judgment against Student in the amount of$17,889.91, plus interest in the amount of $1.35 per day fi.om July 15, 2003, collection and attomeys' fees in the amount of $1,500.00 and costs of suit. Date: September 24, 2003 By,~ , ~Davia~l~. GalloWay ~ I.D. No. 873:26 Ten East Hig& Street Carlisle, PA 17013-3093 (717) 243-33.41 Attorneys for Plaintiff &O~O D~C~N~ON COLLEGE FLEXIBLE F~N]~C~NG ~YSTE~ - PLaN B EDUCaTiONaL GOOD8 ~ SERVICES RET~L ZNST~T.,LMENT CONTI~CT Date August 24, 1992 Seller: Buyer(s): Dickinson College, Carlisle, Pennsylvania 17013-2896 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 ~o~ ..nd services to be provided and rendered, as the case may be, to Follansbee (hereinafter "student") during his/her enrollment at Dickinson College during the 1Qq?-93 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 PERCENTAGE RATE:* ~ost of credit as yearly rate 7.50 FINANCE CHARGE: Dollar amount credit will cost Buyer $ 4,127.80 AMOUNT FINANCED: Amount of credit provided by Dickinson College 10,000.00 TOTAL OF PAYMENTS: Amount paid by Buyer as total of all scheduled payments $ 14,127.80 TOTAL SALE PRICE: Total cost of purchase on credit, in- cluding down payment of $ 11~360.00 $ 21,360.00 Rev 2/92 fk~yer's payment schedule will be as follows: Number of Payments Amount of Payments When Payments are Due Monthly co~encirg 9/?8/9? ~17 120.75 until 5/28/02 *Variable Rate: The ANNUAL Pf~CENTAGE RATE disclosed alove is a variable rate and may change. The ANNUAL Pf~LT~gTAGE RATE may increase during the term of this transaction if the prime rate of interest announced in the Wa.Il Street Journal as of the close of busir~ss on June 30 of each calendar year increases, and will be increased to the prime rate plus 19. The ANNUAL P]SqCfbr~AGERATE 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 $ 10~000.0_0at 7.50 ~ per annum for 117 months, and the prime rate plus 1.~ were increased to 8.50 9, your regular monthly payments would increase to $. 126.01 Further, the ANNUAL PERCENTAGERATEwill 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 ard not less than $1.00) may be charged. Prepayment: Buyer may prepay the unpaidbalance of the Amount Financed and any FINANCE CHARGE due through the date of early payment, in full or in part, without penalty. ~ SECTION VI OF THE CONTRACT BELOW ~OR ANY ADDITIONAL I~[FO~%~ATION ABOUT NON-PAYMEnT. Dk2'AULT AND Rf~UIRfD REPAYMENT 5FFO~ THE SCHfIX~n DATE fDR REPAYMf~T OF THE AMOUNT FINANCED. I!I. ITf~IZATION OF AMOUNT FINANCED 1. Cash price of Goods and Services: Total down payment: 3. Unpaid balance of cash price (1 - 2): 4. Amount paid to others on Buyer's behalf: 5, Amount Financed (3 + 4): 21~360.00 11~360.00 10~000.00 0 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 CONTF~CT UNLESS BUYER HAS BEEN GIVEN A SEPARATE WRITTEN W~d~R~NTY. 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 ~re due on or before the same date of each month as the first payment date. Payments must be made to First Wachovia, Inc. at the following address: First Wachovia, Inc. P.O. Box 70095 Charlotte, NC 28272-0095 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. 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 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. 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 est 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 W~ICH THE DEBTOR COULD ASSERT AGAINST THE SELLER OF GOODS OR SERVICES OBTAINED PURSUANT HERETO OR WITH THE PROCEEDS HEREOF. RECOVERY HEREUNDER BY THE 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 TEE 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 TE~. BUYER,S,.' 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 ~ .~ ~ T~ANSCRIPT OF A STUDENT'S RECO~ WILL NO~ BE IF LOAN PAYMENTS TO THE COT~.~B ARE IN A~.~%RS OR DEFAULT. DATE: DICKINSON COLLEGE BY 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 unsworn 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: CERTIFICATE OF SERVICE I, Marti Iben, an authorized agent of Martson DeardorffWilliams & Otto, hereby certify that a copy of the foregoing Complaint was served this date by depositing same in the Post Office at Carlisle, PA, Certified Mail/Restricted Delivery, postage prepaid, addresse, d as follows: Mark Follansbee 1571 8th Street Berkeley, CA 94710 MARTSON DEARDORFF WILLIAMS & OTTO Ten East Hi.gh Street Carlisle, PA 17013 (717) 243-3341 Dated: September 24, 2003 NOV, IN THE COURT OF COMMON PLEAS OF DICKINSON COLLEGE, Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA JOHN N. FOLLANSBEE and MARK FOLLANSBEE, Defendants NO. 03-4041 : CIVIL ACTION-LAW : JURY TRIAL OF TWELVE DEMANDED STIPULATION AND AGREEMENT FOR ENTRY OF JUDGMENT AND NOW, con~s Plairaiff, DICKINSON COLLEGE, by and through i~s anomays~-. · MARTSON DEARDORFF WILLIAMS & OTTO, and Defendants Mark Follansbee and John N. Follansbee, who stipulate and agree as follows: 1. Pa. KC,P, 1037 (c) provides that in all cases, the Court, on motion of a puny, may enter an appropriate judgment against a party upon admission, 2. Defendants agre. e and admit that Judgment should be entered against them in favor of Plaintiffin the mount of $17,889.91 plus interest from July 15, 2003, in the amount of $140.40, attorney's fees in the amount of $1,500.00 for a total of $19,530.31, 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{-~se, and without fia,rther proceedings or notice. ~... Mark Foliansb¢ 1571 8;' Strect' Martson Deardorff Williams & Otto Berkeley, CA 94710 Defendant Rosd'l~mk Church Road West Harmingfield, Chemlsfrd Essex, CM2 8UJ United Kingdom Defendant Ten East High Street ' Carlisle, PA 17013-3093 (717) 243-3341 Attorngv for Plaintiff Date: ~1/~ ~ CERTIFICATE OF SERVICE I, Martha-Anne lben, an authorized agent ofMartson Deardorff Williams & Otto, hereby certify that a copy of the foregoing Order was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Charles W. Sickels, Esquire Reston Executive Center 12120 Sunset Hills Road Suite 150 Reston, Virginia 20190 MARTSON DEARDORFF WILLIAMS & OTTO Martha-Anne Iben Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: January 16, 2004 DICKINSON COLLEGE, Plaintiff JOHN N. FOLLANSBEE and MARK FOLLANSBEE, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-4041 C1VIL ACTION-LAW JURY TRIAL OF TWELVE DEMANDED ORDER OF COURT AND NOW, this~~ f d~ay of ,oT2r~ ~ ~ ,2004, upon consideration of the attached Stipulation, judgment is hereby entered in favor of Plaintiff Dickinson College and against Defendants, John N. Follansbee and Mark Follansbee, in the amount ors 19,530.31 plus costs of suit and interest accruing 5% per annum from date of judgment. Prothonotary is directed to enter and index this judgment accordingly. BY THE COURT, ,J. for Plaintiff: ~l~fivid R. Galloway, Esquire Ten East High Street Carlisle, PA 17013 for Defendant: b/q~harles W. Sickels, Esquire Reston Executive Center 12120 Sunset Hills Road Suite 150 Reston, Virginia 20190 01'; 3'0 q NOV.?5,2003 _ o.zoA,4 ,,.9217 F', 5 IN THE COURT OF COMMON PLEAS OF DICKINSON COLLEGE, Plaintiff JOHN N. FOLLANSBEE and MARK FOLLANSBEE, Defendants CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-4041 CIVIL ACTION-LAW JURY TRIAL OF TWELVE DEMANDED STIPULATION AND AGREEMENT FOR ENTRY OF JUDGMENT AND NOW, comes Plaintiff, DICKINSON COLLEGE, by and through it~ ~,.. MARTSON DEARDORFF WILLIAMS & OTTO, and Defendants Mark Follansbee and John N. Follansbee, 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 Plaintiffin the mount ors 17,889.91 plus interest from July 15, 2003, in the amount of $140.40, attorney's fees in the mount of $1,500.00 for a total of $19,530.31, costs of suit and interest accruing at 5% p~r annum from date &judgment. 3. The parties agree that the Court, upon motion of Plaintiff, may enter ludgment pursuant to this Stipulation without issuance~of a Rule to Show. ,se, and without further proceedings or notice. ~tl' B~' Mar~ Follansbefi 1571 8m Street' Martson DeardorffWilliams & Otto ~. Berkeley, CA 94710 Defendant Rose"l~ank Church Road West Hanningfield, Chemlsfrd Essex, CM2 8UJ United Kingdom Defendant Ten East High Street ' Carlisle, PA 17013-3093 (717) 243-3341 Attorney for Plaintiff Date: ,,tt~ l'~ CERTIFICATE OF SERVICE I, Martha-Anne Iben, an authorized agent of Martson Deardorff Williams & Otto, hereby certify that a copy of the foregoing Order was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Charles W. Sickels, Esquire Reston Executive Center 12120 Sunset Hills Road Suite 150 Reston, Virginia 20190 MARTSON DEARDORFF WILLIAMS & OTTO Martha-Anne Iben Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: January 16, 2004 DICKINSON COLLEGE, Plaintiff JOHN N. FOLLANSBEE and MARK FOLLANSBEE, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-4041 - CIVIL ACTION- LAW JURY TRIAL OF TWELVE DEMANDED PRAECIPE TO TItE PROTHONOTARY OF CUMBERLAND COUNTY: Please mark the judgment in the above-captioned case satisfied and issue a certificate reflecting the same. MARTSON DEARDO~F WILLIAMS & OTTO By ~~~"~ David R. Galloway, E~ire ~ I.D. No. 87326 ~ Ten East High Street Carlisle, PA 17013-3093 (717) 243 -3341 Date: April 27, 2004 Attorneys for Plaintiff CERTIFICATE OF SERVICE I, Tricia D. Eckenroad, an authorized agent for Martson DeardorffWilliams & Otto, hereby certify that a copy of the foregoing Praecipe was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Charles W. Sickels, Esquire Reston Executive Center 12120 Sunset Hills Road Suite 150 Reston, VA 20190 MARTSON DEA1LDORFF WILLIAMS & OTTO ( ~'ricia D. Eckenr~ad Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: April 27, 2004