HomeMy WebLinkAbout03-4903
F:\FILBS\DA T AFILE\Dickinsoll College 7619\DickinsonColltgeCl:ll1ections7619C\DocumentsI20] -com 1 wpd\mai
Created: 8f5103255PM
Revised: 9/161037:40AM
7619C.201
v.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 03- 1.i90J C;~i.( T~
CIVIL ACTION-LAW
DICKINSON COLLEGE,
Plaintiff
VICKIE L. JONES
Defendant
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
. allo ay, s
LD. Number 87326
Ten East High Street
Carlisle, P A 17013
(717) 243-3341
Attorneys for Plaintiff
By
Date: September 16, 2003
v.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 03- J.{q~ G;"',:.L ~~ ..
CIVIL ACTION-LA W ~....."-"1
DICKINSON COLLEGE,
Plaintiff
VICKIE L. JONES
Defendant
JURY TRIAL OF TWELVE DEMANDED
COMPLAINT
AND NOW, comes Plaintiff Dickinson College by and through its attorneys, MARTS ON
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, Vickie L. Jones, is an adult individual with a last known address of20575
Center Ridge Road, Rocky River, Cuyahoga County, Ohio, 44116.
3. On or about February 9,1994, 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 Plaintiffs institution. A
copy of Note #1 is attached hereto as Exhibit "A."
4. Note #1 is made up offunds created under Part E of Title IV of the Higher Education
Act ofl965 as amended, (hereinafter the "Act") and is subject to the Act and the Federal Regulations
issued under the Act.
5. 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.
6. The total principal for Note #1 is $2,000.00.
7. Note # I grants Plaintiff reasonable collection and attorney's fees which Plaintiffhas
calculated to be $500.00.
8. As of July 16, 2003, the principal and interest due and payable by Defendant to
Plaintiff was $2,250.92, plus interest accruing thereafter at $0.27 per day.
9. As of July 16, 2003, the outstanding balance of $2,250.92 represents the total and
actual overdue value ofthe financing provided to Defendant under Note #1 for which Defendant has
yet to pay.
10.
Plaintiffhas fulfilled, performed and complied with all obligations and conditions of
Note #1.
COUNT I
BREACH OF CONTRACT
11. Plaintiff hereby incorporates by reference the avennents contained in Paragraphs 1
through 10 of this Complaint.
12. Defendant 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 Defendant in the amount of$2,250.92,
plus interest accruing at $0.27 per day from July 16, 2003, collection and attorneys' fees in the
amount of $500.00 and costs of suit.
COUNT II
IN QUANTUM MERUIT
13. Plaintiff hereby incorporates by reference the avennents contained in Paragraphs 1
through 12 ofthis Complaint.
14. Having requested Plaintiff to loan money, and doing so to the benefit of Defendant ,
Defendant became liable to Plaintiff for said money.
15. Defendant has been unjustly enriched by accepting said money without paying
Plaintiff reasonable compensation therefor.
16. As of July 16, 2003, the total amount by which Defendant has become enriched is
$2,250.92, plus interest in the amount of$0.27 per day from July 16, 2003.
WHEREFORE, Plaintiff demands judgment against Defendant Vickie L. Jones in the amount
of $2,250.92, plus interest in the amount of $0.27 per day from July 16, 2003, collection and
attorneys' fees in the amount of$500.00 and costs of suit.
David R. Galloway
LD. Number 87326
Ten East High Street
Carlisle, P A 17013-3093
(717) 243-3341
Attorneys for Plaintiff
Date: September 16, 2003
-09
Pmmissorv Note-Federal Perkins Loan Pro\!ram
[Any bracketed clau$e or paragraph may be iotluded at option of institution.]
I, Vickip l. JCJ.rip~ ,promiseto pay to Dickinson Colleqe (hereinafter called the
Institution), located at Car 1 i s 1 e. PA 17013-2896 . the sum of the amnunts that are advanced to me and endorsed in the
Schedule of Advances set forth below. I promise to pay all reasonable collection costs, including attorney fees and other charges, necessary for
the collection of any amount not paid when due.
1 further understand and agree that:
I. General
(1) Auulicable Law. All sums advanced uader this note are drawn hnm a fund created under Part E of Title IV of the Higher Education Act
of 1965, as amended (hereinafter called the AcQ. and are subject to the Act and the Federal regulations issued under the Act. The terms of this
note shall be interpreted in accordance with the Act and Federal regulations, copies of which are to be kept by the Institution.
(2) Procedures for Receivin2 Deferment. Cancellation. or Forbearance. I understand that, to receive a defennent, cancellation, or
forbearance, I must request the deferment, cancellation, or fo'rbearance in writing from the Institution and must submit to the Institution any
documentation required by the Institution to prove that I qualify for the deferment, cancellation, or forbearance. I further understand that, if I
am eligible for deferment, cancellation, or forbearance under Articles VI through XIV, I am responsible for submitting the appropriate requests
on time. I further understand that I may lose my deferment, cancellation, and forbearance benefits if I fail to file my request on time.
n. Interest
Interest shall accrue from the beginning of the repayment period and shall be at the ANNUAL PERCENTAGE RATE OF F1VE PERCENT
(5%) on the unpaid balance, except that DO interest shall accrue during any deferment period described in Article VII.
m. Reoavment
(1) I promise to repay the principal and the interest that accrues on it to the Institution over a period beginning nine (9) months after the date
1 cease to be at le8.st a balf-time regular student at an institution of higher education, or at a comparable institution outside the United States
approved for this purpose by the United States Secretary of Education (hereinafter called the Secretary), and ending ten (10) years later, unless
that period is [shortened under paragraph ID(5), or) extended under paragraphs ID(4), ID(7) (extensions), Vll(l), or Vll(3) (deferments).
(2) Upon my written request, the repayment period may start on a date earlier than the one indicated in paragraph In(l).
O)(A) I promise to repay the principal and interest over the course of the repayment period in equal monthly, bimonthly, or quarterly
installments, as determined by the Institution. I u.nderstand that, if my installment payment far all the loans made to me by the Institution is not
a multiple of $5, the Institution may round that payment to the next highest dollar amount that is a multiple of $5.
(B) Notwithstanding. parag.raph In(3)(A), upon my written request, repayment may be made in graduated installments in accordance with a
schedule approved by the Secretary.
(4) Notwithstanding paragraph ill(!), if I qualify as a low..income individual during the repayment period, the Io.stitution, upon my written
request, may extend the repayment period. for up to an additional ten (10) years and may adjust any repayment schedule ta reflect my income.
[(S)(A) If the monthly rate that would be established under paragraph m(l), or the total monthly repayment rate of principal and interest on
all my Federal Perkins Loans, including this loan, is less than $40.00 per month, I shall repay the principal and interest on
this loan at the rate of $40.00 per month (wbich includes both principal and interest),
(S)(B) If 1 have received Federal Perkins Loans from other institutions and the total monthly repayment rate on those loans is less than
$40.00 the $40.00 monthly payment established under subparagraph ID(5)(A) includes the amounts I owe
on all my outstanding Federal Perkins Loans, including those received from other institutions. The portinn of the $40.00
monthly payment that will be applied to this loan will be the difference between $40.00 and the total of the amounts owed at a
monthly rate on my other Federal Perkins Loans.
(6) The ,Institution may permit me to pay less than the rate of $40.00 per month for a period of not more than one (1) year
where necessary to avoid hardship to me unless that action would extend the repayment period in paragraph m(1).}
(1) The Institution may, upon my written request, reduce any scheduled repayments or extend the repayment period indicated in paragraph
m(l), if, in its opinion, circumstances such as prolonged illness or unemployment prevent me from making the scheduled repayments.
However, interest shall continue to accrue.
IV. PreDavment
(1) I may, at my option and without penalty, prepay all or any part of the principal, plus any accrued interest thereon, at any time.
(2) Amounts I repay in the academic year in which the loan was made and the initial grace period has not ended will be used to reduce the
amount of the loan and will not be considered a prepayment.
(3) If I repay amounts during the academic year in which the loan was made and the initial grace period ended, only those amounts in excess
of the amount due for any repayment period shall be considered a prepayment.
(4) If, in an academic year other than the award year in which the loan was made, I repay more than the amount due for an installment, the
excess will be used to repay principal unless I designate it as an advance payment of the next regular installment.
V. Default
(1) Tbe Institution may, at its option, declare my loan to be in default and may demand immediate payment of the entire unpaid balance of
the loan, including principal, interest, late charges, and collection costs, if-~
(A) r do not make a scbeduled payment wben due under the repayment schedule established by the Institutionj and
(B) 1 do not submit to the Institution. on or before the date on wbicb payment is due, documentation that I qualify for a deferment,
cancellation, or forbearance as described in Articles VI, Yil, VllI, IX, X, XI, XII, XIII, or XIV of this agreement.
I)> lunderstaD.d that the lDstitutioo may disclose to credit bureau organizations the amount of l~ans made to me, along with other relevant
Page 1 of 4
Federa! Perkins/July 1993
information.
(3) I understand that, if I default on my loan. the Institution may disclose that I bave defaulted, along with other relevant information, to
credit bureau organizations.
(4) Further, I understand that, if I default on my loan and the loan is assigned to the Secretary for collection, the Secretary may disclose that
[ have defaulted, along with other relevant information, to credit bureau organizations.
(5) 1 understand that, if 1 default on my loan, 1 will lose my right to forbearance.
(6) 1 understand that, if 1 default on my loan, 1 will lose my right to defer repayments.
(7) I understand that, if the Institution accelerates the loan under paragraph V(1), I will lose my right to receive a cancellation of a portion of
my loan for any service described in Articles VIII, IX, X. Xl, XU, XDl, or XIV performed after the date the Institution accelerated the loan.
(8) I understand that failure to pay this obligation under the terms agreed upon will prevent my obtaining additional student financial aid
a.uthorized under Title IV of the Higher Education Act of 1965, as amended, until r have made arrangements that are satisfactory to the
lnstitution or the Secretary regarding the repayment of the loan.
VI. Forbearance
(I) I understand that, upon making a properly documented written request to the In.stitution, I am entitled to be granted forbearance of
principal and interest or principal only, renewable at 12.month intervals, for a period not to exceed three years. if-
(A) My debt burden equals or exceeds 20 percent of- my gross income; or
(B) The Institution determines that I qualify for other reasons.
Vll. Deferment
(1) I understand that, upon making a properly documented written request to the Institution, I may defer making scheduled installment
payments and will not be liable for any interest that might otherwise accrue during the following periods:
(A) For any period thatl am-
(i) Enrolled and in attendance as a regular student in at least a half-time course of study at an eligible institution;
(ii) Enrolled and in attendance as a regular student in a course of study that is part of a graduate fellowship program approved by the
Secretary;
(iii) Engaged in graduate or post..graduate fellowship.supported study (sucb as a Fulbright grant) outside the United States; or
(iv) Enrolled and in attendance in a course of study that is part of a rehabilitation training program for disabled individuals approved by the
Secretary.
(B) For any period that I am engaged in service described in Articles VITI, IX, X, XI, XlI, XIII. or XIV of this agreement.
(C) For a period not to exceed three (3) years during wbicb--
(i) I am seeking and unable to find full-time employment; or
(ii) For any reason that my Institution determines has caused or will cause me to have an economic hardship.
(2) I understand that I am not eligible for a deferment under paragraph (VI[)(l)(A) while I am;serving in a medical internship or residency
program.
(3) I understand that I may continue to defer making scheduled installment payments and will not be liable for any interest that might
otherwise accrue for a six (6) month period immediately following the expiration of any deferment provided in paragraph Vll(l).
VllI. Teachin2 Cancellation
(1) I understand that, upon making a properly documented written request to the Institution, I am entitled to have up to 100 percent of the
amount of this loan plus the interest thereon canceled if I perform qualifying service after the period for which I received the loan-
(A) As a fulHime teacher in a public or other nonprofit elementary or secondary school in the school district of a local educational agency
that is eligible in such year of service for funds under Chapter I of the Education Consolidation and Improvement Act of 1981, as amended, and
which has been designated by the Secretary (after consultation with each Slate Department of Education) in accordance with the prOVisions of
section 46S(a)(2) of the Act as a school with a high concentration of students from low.income families. An official Directory of designated
low-income schools is published annually by the Secretary:
(B) As a full-time special education teacher (including teachers of infants. toddlers, children, or youth with disabilities) in a public or other
nonprofit elementary or secondary school system, or as a full-time qualified professional provider of early intervention services in a public or
other nonprofit program under public supervision by the lead agency as authorized in section 676(b)(9) of the Individuals With Disabilities
Education Act; or
(C) As a fulletime teacher of mathematics, science. foreign languages, bilingual education, or any other field of expertise that is determined
by the State Department of Education to have a shortage of qualified teachers.
(2) A portion of this loan will be canceled for each completed year of teaching service at the following rates:
(A) 1S percent of the total principal amount of the loan plus interest on the unpaid balance accruing during that year for each of the first and
second complete academic years of that teaching service;
(B) 20 percent of the total principal amount of the loan plus interest on the unpaid balance accruing during that year for each of the third and
fourth complete academic years of that teaching service; and
(C) 30 percent of the total principal amount of the loan plus interest on the unpaid balance accruing during that year for the fifth complete
academic year of that teaching service.
IX. Head Start Cancellation
(1) I understand that, upon making a properly documented written request to the Institution, I am entitled to have up to 100 percent of the
amount of this loan plus the interest thereon canceled if I perform qualifying service after the period for which I received the loan as a full-time
staff member in a Head Start program if-
. (A) That Head Start program is operated for a period that is comparable to a full school year in the locality; and
Page 2 of 4
Federal Perkins/July 1993
(B) My salary is Dot more than the salary of a comparable employee of the local educational agency.
(2) This loan will be canceled at the rate of IS percent of the total principal amount of the loan plus interest on the unpaid balance accruing
during that year for each complete school year or equivalent period of service in a Head Start program.
(3) Head Start is a preschool program carried out under the Head Start Act.
X. ~ilitary Cancellation
(1) I understand that, upon making a p-roperly documented written request to the Institution, I am entitled to have up to 50 percent of the
principal amount of this loan plus the interest thereon canceled if I serve as a member of the Armed Forces of the United States in an area of
hostilities that qualifies for special pay under section 310 of Title 37 of the United States Code.
(2) This loan wiU be canceled at the rate of 12 1/2 percent of the total principal amount of the loan plus interest on the unpaid balance
accruing during that year for each. complete year of such qualifying service after the period for which I received the loan.
XI. Volunteer Service Cancellation
(1) I understand that, upon making a properly documented written request to the Institution, I am entitled to bave up to 70 percent of the
amount of this loan plus the interest thereon canceled if I perform qualifying service after the period for which 1 received the loan-
(A) As a volunteer under the Peace Corps Act; or
(B) As a volunteer under the Domestic Volunteer Service Act of 1973 (ACTION programs).
(2) This loan will be canceled at the following rates:
(A) 1S percent of the total principal amount of the loan plus interest on the unpaid balance accruing during that year for each of the first and
second twelve (12) month periods of volunteer service completed; and
(B) 20 percent of the total principal amount of the loan plus interest on the unpaid balance accruing during that year for each of the third and
fourth twelve (12) month periods of volunteer service completed.
XII. Law Enforcement or Corrections Officer Cancellation
(1) 1 understand that, upon making a properly documented written request to the Institution, 1 am entitled to have up to 100 percent of the
amount of this loan plus the interest thereon canceled if 1 perform qualifying service after the period for which I received the loan-
(A) As a full~time law enforcement officer for service to an eligible local,.State, or Federal law enforcement agency; or
(B) M a full..time corrections officer for service to an eligible local, State, or Federal corrections agency.
(2) A portion of this loan will be canceled for each completed year of law enforcement or corrections service at the following rates:
(A) 15 percent of the total principal amount of the loan plus interest on the unpaid balance accruing during that year for each of the first and
second complete years of that service;
(B) 20 percent of the total principal amount of the loan plus interest on the unpaid balance accruing during that year for each of the third and
fourth complete years of that service; and
(C) 30 percent of the total principal amount of the loan plus interest on the unpaid balance accruing during that year for the fifth complete
year of that service.
xm. Nurse or Medical Technician Cancellation
(1) I understand that, upon making a properly documented written request to the Institution, I am. entitled to have up to 100 percent of the
amount of this loan plus the interest thereon canceled if I perform qualifying service after the period for which I received the loan as a full.time
nurse or medical technician providing health care services.
(2) A portion of this loan will be canceled for each completed year of service at the following rates:
(A) IS percent of the total principal amount of the loan plus interest on the unpaid balance accruing during that year for each of the first and
second complete years of that service;
(8) 20 percent of the total principal amount of the loan plus interest on the unpaid balance accruing during that year for each of the third and
fourth complete years of that service; and
(C) 30 percent of the total principal amount of the loan plus interest on the unpaid balance accruing during that year for the fifth complete
year of that service.
XIV. Child or Family Service Aeency Cancellation
(1) I understand that, upon making a properly documented written request to the Institution. I am entitled to have up to 100 percent of the
amount of this loan plus interest thereon canceled if I perform qualifying service after the period for which I received the loan as a full-time
employee of an eligible public or private nonprofit child or family service agency who is providing, or supervising the provision of, services to
high-risk: children who are from low-income communities and the families of such children.'
(2) A portion of this loan will be canceled for each completed year of service at the following rates:
(A) IS percent of the total principal amount of the loan plus interest on the unpaid balance accruing during that year for each of the first and
second complete years of that service;
(B) 20 percent of the total principal amount of the loan plus interest on the unpaid balance accruing during that year for each of the third and
fourth complete years of that service; and
(C) 30 percent of the total principal amount of the loan plus interest on the unpaid balance accruing during that year for the fifth complete
year of that service.
XV. Death and Disability Cancellation
(1) In the event of my death, the total amount owed on this loan will be canceled.
(2) If I become permanently and totally disabled after I receive this loan, the Institution wilt cancel the total amount of this loan.
XVI. Chaoe.e in Name. Address. Teleohone Number. or Social Security Number
I am responsible for informing the Institution of any change or changes in name, address, telephone number, or Social Security number.
Page 3 of 4
Federal Perkins/July 1993
xvn. Late Chane
(1) The Institution will impose a-tate charge if-
(A) I do Dot make a scheduled payment when it is due; and
(8) I do Dot submit to the Institution. on or before the date 01;1 which payment i. due, documentation that I qualify for a deferment.
cancellation, or forbearance as described in Articles VI, VIT. VIII, lX, X, XI, XII, XIll, or XlV of this agreement.
(2) No charge may exceed 20 percent of my monthly, bimonthly, or quarterly payment.
(3)(A) The Institution may-
(i) Add the lare charge to the principal the day after the scheduled repayment was due: or
(ii) Include it with the next scheduled repayment after I have received notice of tb.e late charge.
(B) If the Institution elects to add the late charge to the outstanding principal of the loan, it must so inform me before the due date of the
next installment.
XVTIl. Assi2nment
(I) This nore may be assigned by the Institution only to--
(A) The United States;
(B) Another institution upon my transfer to that institution if that institution is participating in this program; or
(C) Another institution approved by the Secretary.
(2) The provisions of this Dote that relate to the Institution ,sbalt, where appropriate, relate to an assignee.
(3) Any holder of this loan is rmbject to all claims and defenses that I could assert against the Institution that made this loan; my recovery is
limited to the amount I repaid on this loan.
XIX. Prior Loans
I hereby certify that I bave listed below all of the Federal Perkins Loans I have obtained at other institutions. (If no prior loans have beeu
received, state "None. ")
FEDERAL PERKINS LOANS AT OTHER INSTITUTIONS
Amount
Date
Institution
1
2
3
4
XX. Schedule of Advances
The fOllowing amounts were advanced to me under this loan agreement on the dates indicated:
I 1>~~~~t.UU CJ/"I~~~j ~7w::;r:;&~, orro~~..u
2 $1 ,UUU.UU l/"1L/~l\ 'IUll-u;;Gfl
3 {
4
NOTICE TO BORROWER: DO NOT SIGN THIS NOTE BEFORE YOU READ IT.
I UNDERSTAND AND AGREE TO ALL OF THE FOREGOING TERMS AND CONDmONS.
/'1
[This n te is signed::;;' a sealed ifJ'mr'] ,
Signature i uk<-& Y(. J c: u...0--
Date f: -R. q . 19 9/.
[(seal))
Permanent Address (Street or Box Number, City, State, and Zip Code)
'1!+A tcz-4f ^-~ (~./~.. P1l 170lY
,
Social Security Number (borrower must provide) :):3 3 - 7 c./ - '?; (G "7
The borrower and Institution shall execute this note without security and without endorsement.
The Institution shall provide a copy of this note to you and you should retain the copy for your records.
(Authority: 20 U.S.C.I087dd)
Page 4 of 4
Federal Perkins/July 1993
PERKINS (NDSL) TRUTH-IN-LENDING STATEMENT
DICKINSON COLLEGE
Account Number
00273-000-00-2809-09
Name of Borro~er
Vickie L. Jones
Address
232 E. Louther St.
Carlisle PA 17013
ANNUAL l'ERCDlTAGE
RATE
AMOUNT FINANCED
The cost of your
credit as a yearly
rate.
The amount of
credit provided
to you.
Prior to
repaytnent
During
repaytnent
o
%
5
%
$ 2,000.00
I Itemization of the Amount Financed: $ /.000.00
Amount given directly to you. I
Late Charge: If a paytnent is late, you may be charged: $1.00 for the first
late paytnent, and $2.00 for each subsequent late paytnent if
this loan is payable monthly, $3.00 for each late paytnent if
this loan is payable bimonthly, $6.00 for each late paytnent
if this loan is payable quarterly.
Prepaytnent: If you payoff early, you will ~ have to pay a penalty.
See your promissory note for any additional information about nonpaytnent. de-
fault, any required repayment in full before the scheduled date, and pre-
paytnent.
nlE BORROWEZ:A OIoTLE,DGES RECEIl'T
STUD.E.'lT~ . - \
BORROwi.R {/ t..tkti't'\.C..~
DATE r -eJJ 9 ;cl(;cl
,
OF AN EXACT COPY OF THIS STATEMENT.
INSTITUTIONAL .~. --,J'4
REPRESENTATIVE \..y~
DATE 'L - 9 - <';<{
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 counsei
and not my own. I have read the document and to the extent that this Complaint is based
upon information which 1 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, 1 have relied upon counsel in making this Verification.
This statement and Verification are made subject to the penaities of 18 Pa. C.S. 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
J2-.-...
Dated: September 16, 2003
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F: \FfLES\DA T AFlLEIDickinson College 76191DickinsonCollegeCollections76 I 9CICw;rent\20] pra I ~tde
Created: 3/9104 254PM
Revised: 3/10/04 047PM
DICKINSON COLLEGE,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL V ANlA
v.
NO. 03- 4903
CNILACTION-LAW
VICKIE L. JONES
Defendant
JURY TRIAL OF TWELVE DEMANDED
AFFIDAVIT OF NO SERVICE
I, David R. Galloway, Esquire, being duly sworn according to law upon my oath, depose
and say, that I am at least 18 years of age.
I hereby certify and return that diligent attempts were made to serve the Complaint on the
above Defendant by mailing the Complaint, via Certified Mail, Restricted Delivery, to Vickie L.
Jones, ather last known address: 3578 W 126th Street, Cleveland, OH 44111. That Complaint was
returned to me marked "Unclaimed" on November 29,2003.
I certifY that the foregoing statements made by me are true and correct. I am aware that if any
of the foregoing statements made by me are willfully false I
Sworn t.jt1d subscribed _before me
thiS;: fA ~o~:t~
~~PUbliC ~
,2004.
NOTARIAL SEAL
TRICIA D. ECKENROAD, Notary Public
Carlrsle Bora" Cumberland County
. !':Commission Expires Oct. 23, 2004
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Created, 3/9/04 2:54PM
Revised: 3/9/04 259PM
DICKINSON COLLEGE,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLV ANlA
v.
NO. 03- 4903
CNIL ACTION-LAW
VICKIE L. JONES
Defendant
JURY TRIAL OF TWELVE DEMANDED
PRAECIPE
Please reinstate the attached Complaint against Vickie L. Jones, 3578 W 126th Street,
Cleveland, OH 44111, in the above-captioned action and return same to the undersigned for service.
By
. Galloway,
1. D. Number 87326
Ten East High Street
Carlisle, PA 17013
(717) 243-3341
Date: March 9, 2003
Attorneys for Plaintiff
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Revised: 614104856AM
DICKINSON COLLEGE,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 03- 4903
CNIL ACTION-LAW
VICKIE L. JONES
Defendant
JURY TRIAL OF TWELVE DEMANDED
PRAECIPE
Please reinstate the attached Complaint against Vickie L. Jones, 3578 W 126th Street,
Cleveland, OH 44111, in the above-captioned action and return same to the undersigned for service.
By
David R. Galloway, Esquire
I. D. Number 87326
Ten East High Street
Carlisle, PA 17013
(717) 243-3341
Date: June 4, 2004
Attorneys for Plaintiff
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Created: 6I\3/0311:0BAM
Revised: 6/29/04 10 33AM
7619C201
DICKINSON COLLEGE,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 03- 4903
CIVIL ACTION.LAW
VICKIE L. JONES
Defendant
JURY TRIAL OF TWELVE DEMANDED
PRAECIPE
TO THE PROTHONOTARY OF CUMBERLAND COUNTY:
Please file the attached Affidavit.
Date:
By
Davi . Gallow ,
LD. No. 87326
Ten East High Street
Carlisle, PA 17013
(717) 243-3341
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Created: 8/23/04 IO:42AM
Revised: 8n3/04 I049AM
7619C.201
DICKINSON COLLEGE,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 03- 4903
CIVIL ACTION-LAW
VICKlE L. JONES
Defendant
JURy TRIAL OF TWELVE DEMANDED
PRAECIPE
Please reinstate the attached Complaint against Vickie 1. Jones, 20575 Center Road, Rocky
River, OH 44116, in the above-captioned action and return same to the undersigned for service.
ORFF WILLIAMS & OTTO
By
David R. G , squ e
1. D. Number 87326
Ten East High Street
Carlisle, P A 17013
(717) 243-3341
Date: August 24, 2004
Attorneys for Plaintiff
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7619C.201
David R. Galloway, Esquire
MARTSON DEARDORFF WILLIAMS & OTTO
Ten East High Street
Carlisle, P A 17013
(717) 243-3341
Attorneys for Plaintiff
DICKINSON COLLEGE,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
C~BERLANI)COUNTY,PENNSYLV~
v.
NO. 03- 4903
CNIL ACTION-LAW
VICKIE L. JONES
Defendant
JURY TRIAL OF TWELVE DEMANDED
PRAECIPE
Please reinstate the attached Complaint against Vickie L. Jones, 20575 Center Road, Rocky
River, OH 44116, in the above-captioned action and return same to the undersigned for service.
By
David R. Gal oway, Esquir
1. D. Number 87326
Ten East High Street
Carlisle, P A 17013
(717) 243-3341
Date: November 9, 2004
Attorneys for Plaintiff
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Created: 12120/04 9' 3 SAM
Revised 12/20/04 9'39AM
7619C.201
David R. Galloway, Esquire
MARTSON DEARDORFF WILLIAMS & OTTO
Ten East High Street
Carlisle, P A 17013
(717) 243-3341
Attorneys for Plaintiff
DICKINSON COLLEGE,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 03- 4903
CNIL ACTION-LAW
VICKIE L. JONES
Defendant
JURY TRIAL OF TWELVE DEMANDED
PRAECIPE
Please reinstate the attached Complaint against Vickie L. Jones, 20575 Center Road, Rocky
River, OH 44116, in the above-captioned action and return same to the undersigned for service.
By
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Attorneys for Plaintiff
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Created J2/201048:57AM
Reyised 121201049:03AM
David R. Galloway
MARTSON DEARDORFF WILLIAMS & OTTO
Ten East High Street
Carlisle, PA 17013
(717) 243-3341
Attorneys for Plaintiff
DICKINSON COLLEGE,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 03- 4903
CIVIL ACTION-LAW
VICKIE L. JONES
Defendant
JURY TRIAL OF TWELVE DEMANDED
AFFIDAVIT OF SERVICE
I, ..olivia 13iJCJlHOLudt , being duly sworn according to law, depose and state that I am
was served on Defendant t
of JS78' 1AlJ~,itI Sf: ,
Ct.eV~l"r";l)l oil l{'III/~ Y~Q.:t
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CERTIFICATE OF SERVICE
I, Jean Taylor, an authorized agent of Marts on Deardor[fWilliams & Otto, hereby certifY that
a copy of the foregoing Affidavit of Service was served this date by depositing same in the Post
Office at Carlisle, P A, first class mail, postage prepaid, addressed as follows:
Vicky L. Jones
3578 W. 126th Street
Cleveland, OH 44111-4602
MARTS ON DEARDORFF WILL~S & OTTO
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en East High Street
arlisle, PA 17013
(717) 243-3341
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Revised 12120/049:03AM
David R. Galloway
MARTSON DEARDORFF WILLIAMS & OTTO
Ten East High Street
Carlisle,PA 17013
(717) 243-3341
Attorneys for Plaintiff
DICKINSON COLLEGE,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 03- 4903
CIVIL ACTION-LAW
VICKIE L. JONES
Defendant
JURY TRIAL OF TWELVE DEMANDED
AFFIDAVIT OF SERVICE
I, .D"via J}iJtJjHDL"ZG/t ' being duly sworn accordiug to law, depose and state that I am
t an original and/or certified copyofthe attach d Complaint
. /l1>1I1.:r:
was served on Defendant t E5 by personal service to' 0(1: the address
of JS7g W.lc:l"tflSr., onthe~~ayof Jf\Ni.JllfL" ,2005
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CERTIFICATE OF SERVICE
I, Jean Taylor, an authorized agent of Marts on Deardorff Williams & Otto, hereby certify that
a copy of the foregoing Affidavit of Service was served this date by depositing same in the Post
Office at Carlisle, P A, first class mail, postage prepaid, addressl:d as follows:
Vicky L. Jones
3578 W. 126th Street
Cleveland,OH 44111.4602
MARTSON DEARDORFF WI~S & OTTO
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an Taylor f !l
en East High Street
arlisle, P A 17013
(717) 243-3341
Date: January 12, 2005
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Created 12/201048:57AM
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David R. Galloway
MARTSON DEARDORFF WILLIAMS & OTTO
T en East High Street
Carlisle, PA 17013
(717) 243.3341
Attorneys for Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
DICKINSON COLLEGE,
Plaintiff
v.
NO. 03. 4903
CIVIL ACT rON-LA W
VICKIE L. JONES
Defendant
JURY TRIAL OF TWELVE DEMANDED
AFFIDAVIT OF SERVICE
I, .D"IViO .J3iJCHHDLU~ , being duly sworn according to law, depose and state that I am
at least eighteen (18) years of age and
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was served on Defendant t
of ~S7~ IJ.1.J.1,1tlSf. ,
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CERTIFICATE OF SERVICE
I, Jean Taylor, an authorized agent of Marts on Deardorff Williams & Otto, hereby certify that
a copy of the foregoing Affidavit of Service was served this date by depositing same in the Post
Office at Carlisle, P A, first class mail, postage prepaid, addressed as follows:
Vicky L. Jones
3578 W. 126th Street
Cleveland, OH 44111-4602
MARTS ON DEARDORFF WILLS & OTTO
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en East High Street
arlisle, P A 17013
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Created, 2/15105 10',02AM
Revised: 2/15/05 11:IOAM
7619C201
David R. Galloway, Esquire
MARTS ON DEARDORFF WILLIAMS & OTTO
Ten East High Street
Carlisle, PA 17013
(717) 243-3341
Attorneys for Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
DICKINSON COLLEGE,
Plaintiff
v.
: NO. 03-4903
CNIL ACTION-LAW
VICKIE L. JONES
Defendants
JURY TRIAL OF TWELVE DEMANDED
PRAECIPE
TO THE PROTHONOTARY:
Enter default judgment in the above-captioned action in favor of Plaintiff and against
Defendant as follows:
Principal plus interest through July 16, 2003:
Interest from July 16, 2003 through February 15, 2005:
Attorneys' fees:
$2,250.92
$ 156.60
$ 500.00
Total Judgment: $2,907.52
Costs of suit and interest accruing at $0.27 per day from February 15,2005, shall be added
to the Judgment for Defendant's failure to file an Answer to the Complaint.
I do hereby certify that a written notice of intention to file this Praecipe (in the form attached
hereto) was mailed to Defendant at her last known address on February 1, 2005, which date was
subsequent to the date default occurred and at least ten (10) days prior to the date of the Praecipe.
.c..~--
Dated:
February 15,2005
BY--\:'
David R. Galloway, Esquire
Ten East High Street
Carlisle, P A 17013
(717) 243-3341
Attorneys for Plaintiff
F.\FI1_tS\DA"\ A\'\lr;\[}ickin,cm( "lkg~11) I 'l\C"lltdl()ns\(uIT~TLl"":I)).) nJ'IY'IL1l
CreJled 2/1/{j5 9:{j(>AM
Revi5tJ 2/1/05 '108Ar.l
7619(20\
David R. Galloway, Esquire
MARTSON DEARDORFF WILLIAMS & OTTO
Ten East High Street
Carlisle, P A 17013
(717) 243-3341
Attorneys for Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
DICKlNSON COLLEGE,
Plaintiff
v.
: NO. 03-4903
: CIVIL ACTION.LA W
VICKlE L. JONES
Defendants
: JURY TRIAL OF TWELVE DEMANDED
TO: VICKIE L. JONES
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 IMPORT ANT 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 MAYBE ABLE TO
PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL
SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
0;=:2)
Cumberland County Lawyer Referral Service
Cumberland County Bar Association
32 South Bedford Street
Carlisle, PA 17013
Telephone:(717) 249-3166
MAR~ii'R~~.I- ~MS & OTTO
,,,,,,4 ((~
By /'
David R. Galloway, Esquire
LD. 87326
Ten East High Street
Carlisle, P A 17013
(717) 243.3341
Date: February 1, 2005 Attorneys for Plaintiff
.
CERTIFICATE OF SERVICE
I, February 15, 2005, an authorized agent of MARTS ON 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, P A, first class mail, postage prepaid, addressed as follows:
Ms. Vickie L. Jones
3578 W. 126th Street
Cleveland,OH 44111-4602
MARTSON DEARDORFF WI~
By
J e aylor
Ten ast High Street
Carlisle, PA 17013
(717) 243-3341
Dated: February 15, 2005
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