HomeMy WebLinkAbout03-4210DICKINSON COLLEGE,
Plaintiff
JOSEPH JACQUES
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 03. ¥3/0 ~
CiVIL ACTION-LAW
JURY TRLAL 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 aRer 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 fights
important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP:
Cumberland County Bar Association
32 South Bedford Street
Carlisle, Pennsylvania 17013
Telephone (717) 249-3166
Date: August 25, 2003
~ WILLIAMS & OTTO
Ten East High Street
Carlisle, PA 17013
(717) 243 -3341
Attorneys for Plaintiff
DICKINSON COLLEGE,
Plaintiff
V.
JOSEPH JACQUES
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 03- wz
CIVIL ACTION-LAW
JURY TRIAL OF TWELVE DEMANDED
COMPLAINT
AND NOW, comes PlaintiffDickinson 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 Joseph Jacques is an adult individual with a last known address of 14900
Ladymeade Circle, Silver Spring, Montgomery County, Maryland 20906.
3. On or about September 1, 1997, Defendant entered into a Promissory Note - Federal
Perkins Loan Program (Note # 1) with Plaintiff for the financing of $2,000.00 plus interest and costs
by Defendant on his own behalf, for educational services and benefits at Plaintiff's institution. A
copy of Note #1 is attached hereto as Exhibit "A."
4. On or about November 6, 1998, Defendant entered into an additional Promissory
Note - Federal Perkins Loan Program (Note//2) with Plaintiff for the financing of $2,000.00 plus
interest and costs by Defendant on his own behalf, for educational services and benefits at Plaintiff's
institution. A copy of Note//2 is attached hereto as Exhibit "B."
5. On or about November 5, 1999, Defendant entered into an additional Promissory
Note - Federal Perkins Loan Program (Note #3) with Plaintiff for the financing of $1,000.00 plus
interest and costs by Defendant on his own behalf, for educational services and benefits at Plaintiff' s
institution. A copy of Note #3 is attached hereto as Exhibit "C."
6. Note #1, Note #2 and Note #3 are funds created under Part E of Title IV of the Higher
Education Act of 1965 as amended, (hereinafter the "Act") and are subject to the Act and the Federal
Regulations issued under the Act.
7. As provided in the Act, Plaintiff acts in a fiduciary capacity in the handling,
disbursing and collecting of funds associated with the programs under the Act.
8. The total principal for Note #1, Note #2 and Note #3 is $5,000.00.
9. Note # 1, Note #2 and Note #3 grant Plaintiffreasonable collection and attorney's fees
which Plaintiffhas calculated to be $750.00.
10. As of July 15, 2003, the principal and interest due and payable by Defendant to
Plaintiff was $5,367.79, plus interest accruing thereafter at $0.68 per day.
11. As of July 15, 2003, the outstanding balance of $5,367.79 represents the total and
actual overdue value of the financing provided to Defendant under Note #1, Note #2 and Note #3
for which Defendant has yet to pay.
12. Plaintiffhas fulfilled, performed and complied with all obligations and conditions of
Note #1, Note #2 and Note #3.
COUNT I
BREACH OF CONTRACT
l 3. Plaintiff hereby incorporates by reference the averments contained in Paragraphs 1
through 12 of this Complaint.
14. Defendant breached the expressed and implied obligations, conditions and terms of
agreement of Note #1 Note #2 and Note #3 by failing to pay the amounts financed therein.
WHEREFORE, iPlaintiffdemands judgment against Defendant in thc amount of $5,367.79,
plus interest accruing al $0.68 per day from July 15, 2003, collection and attorneys' fees in thc
amount of $750.00 and costs of suit.
COUNT II
IN OU.4NTUM MERUIT
15. Plaintiff hereby incorporates by reference the averments contained in Paragraphs 1
through 14 of this Complaint.
16. Having requested Plaintiff to loan money, and doing so to the benefit of Defendant,
Defendant became liable to Plaintiff for said money.
17. Defendant has been unjustly enriched by accepting said money without paying
Plaintiff reasonable compensation therefor.
18. As of July 15, 2003, the total amount by which Defendant has become enriched is
$5,367.79, plus interest in the amount of $0.68 per day from July 15, 2003.
WHEREFORE, Plaintiff demands judgment against Defendant Joseph Jacques in the amount
of $5,367.79, plus interest in the amount of $0.68 per day from July 15, 2003, collection and
attorneys' fees in the amount of $750.00 and costs of suit.
Date: August 25, 2003
David R. Galloway
I.D. Number 87326
Ten East High Street
Carlisle, PA 17013-3093
(717) 243-3341
Attorneys for Plaintiff
FEDERAL PERKINS LOAN
PROMISSORY NOTE
00273-000-00-3367-09
1. Name (last, first, middle initiaD and
Permanent Address (s~eet, city state, zip code)
Jacques, Joseph
14900 Ladymeade Cir.
Silver Spring, MD 20906
2. Social Security Number
g. lq - / 7 -
3. Date of Birth
4. Area Code/Telephone Number
5. Driver's License Number (List state abbreviation first)
6. School Name & Address (street, city, state, zip code)
Dickinson Col/ege
P.O. Box 1773
Cmr]~ml~, PA 17013-2896
7. Borrower Status 8. Interest Rate
:J~ .a~-~rm ~ ~t., D, ~ss m~. ~a,-,r~ 5%
9. Loan Amount: 10. Period
$2,000.00 1997-1998
TERMS AND CONDITIONS:
REQUESTS FOR DEFERMENT, CANCELLATION OR FORBEARANCE - To receive deferment, cancellation, or forbearance benefits, J must make a written request
LOAN(S) THAT MUST BE REPAID
EXHIBIT "A"
Date:
PERKINS (NDSL) TRUTH-IN-LENDING STATEMENT
DICXINS'ON COL~EGE
Account Number 00273-000-00-3367-09
Name of Borrower Joseph Jacques
Address 14900 Lad~meade Cir
SilvPr Sprin~, MD 20906
ANNUAL PERCEA~AGE
RATE
The cost of your
credit as a yearly
rate.
AMOUNT FINANCED
The amount of
credit provided
to you.
Prior to During
repayment repayment
0 % 5 %
$ 2,000.00
I Itemize=ion
of the Amount Financed:
Amount given direc=ly to you.
Late Charge:
If a payment is late, you may be oharged: $1.00 for the first
late payment, and $2.00 for each subsequent late payment if
this loan is payable monthly, $3.00 for each late payment if
this loan is payable bimonthly, $6.00 for each late payment
if this loan is payable quar:erly.
Prepayment: If you pay off early, you will no___~= have to pay a penalty.
See your promissory no=e for any additional information abou= nonpayment,
faul=, any required repayment in full before the scheduled date, and pre-
payment.
de-
T}IE BORROWER ACKNOWLEDGES RECEIPT OF AN EXACT COPY OF THIS STATEMENT.
INSTITUTIONAL
REPRESENTATIVE
DATE
F*EDERAL PERKINS LOAN
PROMISSORY NOTE
1. Name (last, first, middle initial) and
Permanent Address (street, city, state, zip code!
Jacques, Joseph
2. SOcial Security Number
Al5 ' /-7-
3. Date of Birth.
4. Area Code/Telephone Number
5. Driver's License Number (List state abbreviation first)
6. School Name & Address (street, city, state, zip code)
Dickinsc~ Col3.ege
P,O. B~x 1773
Carlisle, PA 17013-2896
Z Borrower Status 8. Interest Rate
9. Loan Amount: 10. Lorn ~ Period
$2 , 000.00 1998-1999
TERMS AND CONDITIONS:
[Any bracketed cJau~e or paragraph may be included at option of u~stitution.]
APPLICABLE LAW - The terms of this note and any disbursements made under this note shall be interpreted in accordance with Part E of Title IV of the Higher
Education Act of 1965, a~ amended (hereinafter called the Act), as well as Federal regulations issued under the Act. All sums advanced under this note are subject to the
Act and Federal regulations issued under the Act
REPAYMENT - I am obligated to repay the principal and the interest that accrues on it to the above-named institution (hereinafter called the school) over a period
beginning 9 months (or sooner if I am a less than a half-time borrower) after the date I cease to be at least a hall-time student at an [rutitutlon of higher education or a
comparable school outside the United States approved by the United States Secretary of Education (hereinafter called the Secretary) and ending 10 years later, unle~ I
request in writing that my repayment period begin sooner. ! understand that the school will report the amount of my installment payments, along with the amount of this
loan to a national credit bureau, Interest on this loan shall accrue from the beginning or the repayment period. My repayment period may be shorter than l 0 years If I am
required by my school to make minimum monthly payments. Upon my written request my repayment period may be extended during periods of deferment, hardship, or
forbearance and i may make graduated installments in accordance with a scbedule app.~oved by the Secretary. 1 will make my installment payments in equal monthly,
bimonthly or quarterly installments as determined by the school. The school may round my installment payment to the next highest multiple of $~. ti will make a
minimum monthly repayment of $40 (or $30 if ] have outstanding Federal Perkins loans made before October I. 1992 that included the $30 minimum payment option)
in accordance with the Minimum Monthly Payment Section of the Terms and Conditions contained on the reverse side of this document.]
LATE CHARGES - The school will impose late charges if I do not make a scheduled payment when due or if I fail to submit to the school on or before the due date of
the payment, a properly documented written request that I qualify for any of the forbearance~ deferment or cancellation benefits as described below. No late charges may
exceed 20% of my monthly, bimonthly or quarterly payment. The school may add the late charges to principal the day after the scheduled repayment was due or include
it with the next scheduled repayment after ! have received notice of the charge, and such notice is sent before the next installment is due.
REQUESTS FOR DEFERMENT, CANCELLATION OR FORBEARANCE * To receive deferment, cancellation, or forbearance benefits, 1 must make a written request
to the school and must submit to the school any documentation the school requires to prove my eligibility for these benefits. I am responsible for submitting the
appropriate requests on time, and I may lose my benefits if 1 fail to file my request on Use.
DEFAULT - If I fail to make a scheduled payment when due; if I fail to submit to the school, on or before the due date of a scheduled payment, documentation that [
qualify for a deferment, cancellation, or forbearance; or if 1 fail to comply with the terms and conditions of this promissory note or written repayment agreement, the
school may. at its option, declare my loan to be in default and may accelerate my loan (demand immediate payment of the entire unpaid balance of the loan. including
principal, interest, late charges, and collection costs) The school, and the Secretary, if my doan is assigned to the Secretary for collection, shall disclose to credit bureau
organizations that I have defaulted and all other relevant Ioan information. [ will lose my right to defer payments and my right to forbearance if I default on my loan. ~
will lose my right to receive cancellation benefits for service that is performed after the date the school accelerated the loan. ! will be ineligible for any further federal
student financial assistance authorized under the Act until I make arrangements that ate satisfactory to the school or the Secretary to repay my loan.
CHANGE OF STATUS - I will inform the school of any change in my name, address, telephone number. ~ocial Security number, or driver's license number.
ASSIGNMENT - This note may be assigned by the school only to the United States. The provisions of this note that relate to the school shall where appropriate relate to
the assignee
PROMISE TO PAY: I promise to pay the school, or a subsequent holder of the Promissory Note, the sum of amount(s) advanced to me under the terms of this Note. plus
interest and other fees which may become due a~ provided in this Note. I promise ~o pay all reasonable collection COSLS, including attorney fees and other charges,
necessary for the collection of any amount not paid when due. ! will not sign this Note before reading it, including the provisions on the reverse side. This loan has been
made to me without securit7 or endorsement. My signature certifies 1 have read, understand, and agree to the terms and conditions of this Promissory Note THIS IS A
LOAN(S) T/-/AT MUST BE REPAID
EXHIBIT "B"
Date:
PERKINS (NDSL) TRUTH-IN-LENDING STATEMENT
DICKINSON COLLEGE
Account Number 00273-000-00-3523-09
Name of Borrower
Addre / /qO 0
ANNUAL PERCEntAGE
RATE
The cost of your
credit as a yearly
rate.
AMOUNT FINANCED
The amount of
credit provided
to you.
Prior to During
repayment repayment
0 % 5
2,000.00
Itemization of the Amount Financed: $2,000.00
Amount given directly to you,
Late Charge:
If a payment is late, you may be charged: $1.00 for the firs=
late payment, and $2.00 for each subsequent late payment if
this loan is payable monthly, $3.00 for each late payment if
this loan is payable bimonthly, $6.00 for each late payment
if this loan is payable quarterly.
Prepayment: If you pay ,off early, you will not have to pay a penalty.
See your promissory note for any additional information about nonpayment,
fault, any required repayment in full before the scheduled date, and pre-
payment.
de-
THE BORROWER A~K~NOW-LEDy RECEIPT OF AN E.v~ACT COPY OF THIS STATEMENT.
~P~S~TATI~ ~
PLEASE PRINT
Name: '~0 S ep~'~
Dickinson College
Perkins Pre-Loan Information Sheet
College Address:
Telephone Number ~
street (incl. Apt. No.)
Date
Permanent Address:
Street (incl. Apt. No.>
City, State and Zip Code
Telephone umb.r
Social Security NO.
Drivers License No.
Exp. Graduation Date
Parent or Guardian:
city, State and Zip Cede f'/~-'e3"
Telephone Number ~0/)~_ ~ ~ ~
Parent or Guardian Employer's Name
Employer's Address:
Three references: (Individuals who will always know your address)
Name:
Street (incl. Apt. NO.)
City, State and Zip Code
Telephone Number
Name:
Street (incl. Apt. NO.)
City, State and Zip Code
Telephone Number
Name:
Street (incl. Apt. No.)
City, State ahd Zip Code
Telephone Number
r=u~/~L PbI~KIN$ LOAN 00273-000-00-3367-09
~_~=R~ISSORY NOTE
1. Name (last, first, middle initial) and
Permanent Address (slTeet, city, state, zip code)
Jacques, Joseph G.
14900 Ladymeade Cir.
Silver Spring, MD 20906
2. Social Security Number
3. Date of Birth
School Name & Address (sb'eet, city, state, zip code)
Dickins~Co]_lec3e
P.O. Box 1773
Carlisle, PA 17013-2896
7. Borrower Status 8. Interest Rate
:~ Half-t~rlle ~- gteate~ {~ Less bhan haig-time 5%
9. Loan Amount: I10. Loa Period
~ I 1999-2000
I, DDO · [)D
TERMS AND CONDITIONS:
[Any bracketed ctau~e or paragraph may be included at option of
APPLICABLE LAW - The terr~ of this note and any disbursements made under this note shall be interpreted in accordance with Part E of Title IV of the Higher
REQUESTS FOR DEFERMENT CANCELLATION OR FORBEARANCE - To receive deferment, cancellation, or forbearance benefits, I must make a written request
LOAN(S) THAT MUST BE REPAID
Borro Date:
EXHIBIT "C"
Terms and Conditions (contJ
REPAYMENT OPTIONS Upon my written request, if I
ifYas a low income individual during the repayment period, the school
~xtend the repayment period for up to an additional ten (i0/years and
may adjust any repayment schedule to reflect my income Upon my written
request, the school may extend the repayment period fi. in its opinion,
prolonged illness or unemployment prevent me from making the scheduled
repayments during which time interest will continue to accrue. The school
may permit me to pay less than the minimum monthly repayment rate for a
per~od of not mom than one year at a t~me if I experience a period of
prolonged illness or unemployment except such action may not extend the
repayment period beyond 10 years.
GRACE PERIODS - My imtial grace period before beginning repayment is 9
months. If I am a Less-Than-I-lalfrTime Borrower with outstanding Federal
Perkins Loans. my repayment begim when the next scheduled [mtallment of
my outstanding loan is due. If I ~wn a Lexs-Than-Half-Time Borrower with no
outstanding Federal Perkins Loans. my repayment begins the earlier of: 9
rnontt~ from the date my loan was made. or 9 months from the date I became
less than a half time student, even ff I received the loan after I became a les~
than half-time student. My payments will resurm! after a post-deferment grace
period of 6 months that follows defermenm that apply to Federal Perkins
MINIMUM MONTHLY PAYMENT - I will make a minimum monthly
DEFERMENTS - Upon making a properly dccumented written request to
CANCELLATIONS Upon making a properly documented writt[
to the school, I am entitled to have up to 100% of the original princip~
amoun[ of. this loan canceled if I perform qualifying service in the areas
in paragraphs A. B. C. D and E below. Qualifying Set,Ace must be performe~
after I receive the loan.
A. Teaching · a full-time teacher in a public or other nonprofit elementary or
~econdacy school, that has been designated by the Secretary in accordance with
the pro~Asiolxs of section 465 (a) (2) of the Act as a school with a high
concentration of students from low-income families. An official D~rectory of
designated Iow-income schools is published annually by the Secretary. · a full-
time special education teacher in a public or nonprofit elementary or
secondary school system · a full-time teacher, in a public or other nonprofit
elementary or secondary school system, who teaches mathematics, science,
foreign language~, bilingual education, or any other field of expertise that is
determined by the State Department of Education to have a shortage of
quafified teachers in that State.
B. Early Intervention Services - a full-time qualified profez~sional provider of
early intervention services in a public or other nonprofit program under public
supervision by a lead agency as authorized by section 672(2) of the Individuals
with ID~sabllities Education Act. Early Intervention Services are provided to
infants and toddlers with disabilities.
C. Law Enforcement or Corvecthim Officer · a full-time taw enforcement
officer for an eligible local. State. or Federal law enforcement agency; or · a
full time corrections officer for an eligible local. State. or Federal corrections
agency.
D. Nurse or Medical Technician * a full-time nurse prmqding health care
Services; or * a full-time medical technician providing health care services.
E. Child or Family Service Agency * a full-time employee of an eligible public
or private non-profit child or family set.ce agency who is providing or
supervising the provision of service~ id high-risk children who are from low-
income communities and the families of such children.
Cancellation l~ate$ - For each completed year of service under paragraph~ A,
B, C. D and E a portion of this loan will be canceled at the following rates:
· 15% of the original principal loan amount for each of the first and second
years; · 20% of the original principal loan amount for each of the third year
and fourth years: and · 30% of the original principal ki~m amount for the fifth
year.
E Head Start Cancellation ~ Upon making a properly documented written
request to the school, I am entitled to have up to 100% of the original
principal loan amount canceled for qualifying service performed after I receive
the loan as: · a full-time staff member in the educational component of a
Head Start program which is operated for a period comparable to a full school
year and which pays a salary comparable to an employee of the local educa-
tional agency.
Cancellation l~ate - For each completed year of service under the Head Start
Cancellation pro~sion, this loan will be canceled at the rate of 15% of the
original principal loan amount.
G. Military Cancellation - Upon making a properly documented written
request to the school, I am entitled to have up to 50% of the principal amount
of this loan canceled for qualifying se~ice performed after I receive the loan
as; · a member of the Armed Forces of the United ~{ates in an area of
hostilities that qualifies for special pay under section 310 of Title 37 of the
United States Code.
Cancellation P~ate - For each completed year of service under the Military
Cancellation provision, this loan will be canceled at the rate of 12 I/2% of the
original principal loan amount.
H. Volunteer Service Cancellation - Upon making a properly documented
written request to the school, I am entitled to have up to 70% of the original
principal loan amount of this loan canceled for qualifying ~ervice performed
after I received tile loan as: · a volunteer under the Peace Coq~s Act: * a
volunteer under the Domestic Volunteer Service Act of 1973 (ACTION
prograrr~}
Cancellation Rate For each completed year of service under the Volunteer
Service Cancellation provision, a portion of this loan will be canceled at the
following rates:
· 15% of the original principal hian amount for each of the [mst and second
12 month periorLs of service; and * Z0% of the original principal loan amount
.ount Number 00273-000-00-3367-09
Ns~me of Borrower Joseph G. Jacques
Address 14900 Ladymeade Cir.
Silver Spring, MD 20906
A~NI3AL PERCENTAGE
RATE
%"ne cost of your
credit as a yearly
rate.
Prior to During
repaylaenu repa~rmenu
AMOUNT FINANCED
The amount of
credit provided
to you.
0 % 5 %
$ 2,000.00
Itemization of the Amoun: Financed: $2,000.00
Amount given directly to you.
Late Charge:
If a payment is late, you may be charged: $i.00 for :he first
late pay~ment, and $2.00 for each subsequent late pa3~me~t if
this loan is payable monthly, $3.00 for each late payment if
this loan is payable bimonthly, $6.00 for each late payment
if this loan is payable quarterly.
P~epayment: If you pay off early, you will not have to pay a penalty.
See your promissory note for any additional information about nonpayment,
fault, any required repayment in full before the scheduled date, and pre-
payment.
THE BORROW'ER ACKNOWLEDGES RECEIPT OF AN EXACT COPY OF THIS STATEMENT.
INSTITUTIONAL
REPRESENTATIVE
~-9180 (5/95)
VERIFICATION
I, THOMAS MEYER, Assistant Treasurer of Dickinson College, acknowledge that I
have the authority to execute this Verification on behalf of Dickinson College and certify
that the foregoing Complaint is based upon information which has been gathered by my
counsel in the preparation of this lawsuit. The language of this Complaint is that of counsel
and not my own. I have read the document and to the extent that this Complaint is based
upon information which I have given to my counsel, it is true and correct and to the best of
my knowledge, information and belief. To the extent that the content of this Complaint is
that of counsel I have relied upon counsel in making this Verification.
This statement and Verification are made subject to the penalties of 18 Pa. C.S. §
4904 relating to unswom falsification to authorities, which provides that if I knowingly make
false averments, I may be subject to criminal penalties.
Dickinson College
(~~ ¢..~,.
Thomas Meyer
Assistant Treasurer of Dickinson College
Dated: ~'.
CERTIFICATE OF SERVICE
I, Martha-Anne Iben, an authorized agent of Martson Deardorff Williams & 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, addressed as follows:
Joseph Jacques
14900 Ladymeade Circle
Silver Spring, MD 20906
~TN DE~ARDORFF WILLIAMS & OTTO
Martha-Anne lben
Ten East High Street
Carlisle, PA 17013
(717) 243-3341
Dated: August 25, 2003
DICKINSON COLLEGE,
Plaintiff
JOSEPH JACQUES,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 03-4210
CIVIL ACTION-LAW
JURY TRIAL OF TWELVE DEMANDED
PRAECIPE
Please reinstate the attached Complaint against Joseph Jacques, in the above-captioned action
and return same to the undersigned for service.
~WILLIAMS & OTTO
~. aD .ViNd uR~bGear118°7~ ~'''L~re k
Ten East High Street
Carlisle, PA 17013
(717) 243-3341
Date: November 6, 2003 Attorneys for Plaintiff
AFFIDAVIT OF FOREIGN SERVICE
STATE OF PENNSYLVANIA
COUNTY OF CUMBERLAND
DICKINSON COLLEGE
VS.
JOSEPH JACQUES
Plaintiff,
Defendant
Case No. 034210
STATE OF MARYLAND, }
COUNTY OF MONTGOMERY }
DS III ERIC BROWN, Deputy Sheriff, being duly sworn, deposes and says:
That I am over 21 years of age, not a party to this action, and reside in the State of
Maryland.
That on the 28TH day of NOVEMBER, 2003, at 0910 HOURS at 14900 LADYMEADE
CIRCLE, SILVER SPRING, MARYLAND, I served the NOTICE, COMPLAINT, EXHIBITS,
VERIFICA'EION, CER,T!FICATE OF SERVICE annexed hereto upon FIKERTE SOLOMON,
MOTHER, ALTERNATE SERVICE, the Defendant, therein by delivering to and leaving
personally with the said Defendant a true copy of each thereof,
Deponent further states that at the time of service I knew the person so served as
aforesaid to be the same person mentioned and described in the said NOTICE,
COMPLAINT, EXHIBITS, VERIFICATION, CERTIFICATE OF SERVICE as the Defendant in
this action.
~_/~.. ~',~
DS III ERIC BROWN
Deputy Sheriff, Montgomery County, Maryland
Sw3m to before mo this day of
O DEBORAH K. DUV^LL
Not~ry Public
Frederick Co;, .MD~ .... ~
My Comm. Exit, ~
My commission expires:
EB:SLS
12051017/1~12/5/2003
,20
CERTIFICATE OF SERVICE
I, Marti Iben, an authorized agent ofMartson DeardorffWilliams & Otto, hereby certify that
a copy of the foregoing Affidavit of Foreign Service was served this date by depositing same in the
Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows:
Joseph Jacques
14900 Ladymeade Circle
Silver Spring, MD 20906
MARTSON DEARDORFF WILLIAMS & OTTO
Ten East High Street
Carlisle, PA 17013
(717) 243-3341
Dated: December 15, 2003
DICKINSON COLLEGE,
Plaintiff
JOSEPH JACQUES,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 03-4210
CIVIL ACTION-LAW
JURY TRIAL OF TWELVE DEMANDED
PRAECIPE TO SETTLE, DISCONTINUE AND END
Plaintiff requests the above-captioned matter be marked settled, discontinued and ended
without prejudice.
MARTSON DEARDORFF WILLIAMS & OTTO
Divid R. Galli~
I. D. Number 87326
Ten East High Street
Carlisle, PA 17013
(717) 243-3341
Date: January 30, 2004 Attorneys for Plaintiff
CERTIFICATE OF SERVICE
I, Marti Iben, 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:
Laura Kane, Esquire
932 Hungerford Dr., Ste. 21
Rockville, MD 20850
MARTSON DEARDORFF WILLIAMS & OTTO
Marti Iben
Ten East High Street
Carlisle, PA 17013
(717) 243-3341
Dated: January 30, 2004