HomeMy WebLinkAbout03-4905DICKINSON COLLEGE,
Plaintiff
KEARONS J. WHALEN
and REEVES D. WHALEN,
Defendants
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
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 Compla'mt 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) 24%3166
Date: September 16, 2003
BYD~~~4~
I.D. No. 87326
Ten East High Street
Carlisle, PA 17013
(717) 243 -3341
Attorneys for Plaintiff
DICKINSON COLLEGE,
Plaintiff
KEARONS J. WHALEN
and REEVES D. WHALEN,
Defendants
IN THE COURT OF COMMON PLEAS OF
CUmE co ,m, S V
NO. 't*C,.C ;oZCC-tm
CIVIL ACTION-LAW
JURY TRIAL OF TWELVE DEMANDED
COMPLAINT
AND NOW, comes Plaintiff Dickinson College by and through its attomeys, 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, Kearons J. Whalen, (hereinafter "Parent"), is an adult individual with a last
known address of 15 Glenville Avenue g9, Allston, Suffolk County, Massachusetts, 01234.
3. Defendant, Reeves D. Whalen, (hereinafter "Student"), is an adult individual with a last
known address of 15 Glenville Avenue g9, Allston, Suffolk County, Massachusetts, 01234.
4. On or about February 9, 2001, Parent and Student entered into a Promissory Note (Note
gl) with Plaintiff for the financing of $4,000.00, plus interest, for educational services and benefits to
Student at Plainfift's institution. A copy of Note gl is attached hereto as Exhibit "A."
5. The principal balance for Note gl is $4,000.00.
6. Note gl grants Plaintiff reasonable collection and attomeys' fees which Plaintiff has
calculated to be $600.00.
7. As of July 23, 2003, the principal and interest due and payable by Parents and Student
to Plaintiff was $3,603.88, plus interest in the amount of $ .46 per day fi.om July 23, 2003.
8. Parents and Student stopped making monthly payments on Note gl on or about
April 18, 2002.
9. As of July 23, 2003, the outstanding balance of $3,603.88 represents the total and actual
overdue value of the financing provided to Parent and Student under Note g 1 for which they have yet to
pay.
10. Plaintiff fulfilled, performed and complied with all obligations and conditions of Note
COUNT I
BREACH OF CONTRACT
Dickinson College v. Kearons J. Whalen and Reeves D. Whalen
11. Plaintiff hereby incorporates by reference the averments contained in Paragraphs 1
through 10 of this Complaint.
12. Parent and Student breached the expressed and implied obligations, conditions and terms
of agreement of Note #1 by failing to pay the mounts financed therein.
WHEREFORE, Plaintiff demands judgment against Defendants, Kearons J. Whalen and Reeves
D. Whalen, in the amount of $3,603.88, plus interest in the amount of $.46 per day from July 23, 2003,
collection and attomeys' fees in the amount of $600.00 and costs of suit.
COUNT H
IN QUANTUM MERUIT
Dickinson College v. Reeves D. Whalen
13. Plaintiff hereby incorporates by reference the averments contained in Paragraphs 1
through 12 of this Complaint.
14. Having requested Plaintiff to loan money, and doing so to the benefit of Student, Student
became liable to Plaintiff for said money.
15. Student has been unjustly enriched by accepting said money without paying Plaintiff
reasonable compensation therefor.
16. The total amount by which Student has become enriched is $3,603.88, plus interest in
the amount of $.46 per day fi:om July 23, 2003.
WHEREFORE, Plaintiff demands judgment against Defendant, Reeves D. Whalen, in the mount
of $3,603.88 plus interest in the amount of $.46 per day t~om July 23, 2003, collection and attomeys'
fees in the amount of $600.00, and costs of suit.
Date: September 16, 2003
D ax(~--TG~loway, E squire
Carlisle, PA 17013-3093
(717) 243-3341
Attorneys for Plaintiff
WAR 1
DICKINSON COLLEGE FLEXIBLE FINANCING SYSTEM - PLAN B
EDUCATIONAL GOODS AND SERVICES RETAIL INSTALLMENT CONTRACT
February 9, 2001
I. Seller: Dickinson College, Carlisle, Pennsylvania 17013-2896
Buyer(s):
Kearons J. Whalen
135 Old Cheshire Rd.
Lanesboro, MA 01237
If there is more than on: Buyer, each of you will be obligated, jointly and se,~erally, for all sums due and for the
performance of all agreements as provided in this Educational Goods and Services Retail Installment Contract (the "Contract").
Under the terms of this Contract, you have agreed to pay the expenses incurred for Goods and Services (as hereinafter
defined) to be provided and rendered, as the case may be, to Reeves D. Whalen (hereinafter "Student") during his/her enrollment
at Dickinson College during the 2000-2001 academic year, including tuition, room and board, books and supplies as herein stated
(collectively the "Goods and Services").
II. TERMS OF PAYMENT AND PAYMENT SCItEDULE
Disclosures Required by Federal Law
ANNUAL FINANCE AMOUNT TOTAL OF TOTAL SALE
PERCENTAGE CHARGE: FINANCED: PAYMENTS: PRICE:
RATE:* Dollar amount Amount of credit Amount paid by Total cost of
Cost of credit as yearly credit will provided by Buyer as total purchase on
rate cost buyer Dickinson College of all scheduled credit, including
payments down payment of
10.50% $2,383.48 $4,000.00 $6,383.48 $30,900.00
$26,900,00
Rev 07/00
EXHIBIT "A"
Number of Payments
116
Whalen
Buyer's payment schedule will be as follows:
Amount of Payments When Payments are Due
$55.03 Monthly, commencing 02/28/01 until 09/28/I I
*Variable Rate:
Late Charge:
Prepayment:
The initial ANNUAL PERCENTAGE RATE disclosed above is a variable rate and may change(increase
or decrease) from time to time. The ANNUAL PERCENTAGE RATE may increase or decrease during
the term of this transaction if the prime rate o£interest announced in the Wall Street Journal as of the
close of business on June 30 of each calendar year increases or decreases, and will be increased or
decreased to the prime rate plus 1%. The ANNUAL PERCENTAGE RATE will not increase, or
decrease, more than once a year, and the new interest rate will become effective on July l following the
increase or decrease, 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 $6,116.27 at 8.75% per
annum for 116 months and the prime rate plus 1% were increased to 9.75%, your regular monthly
payments would increase to $81.62. Further, the ANNUAL PERCENTAGE RATE will not increase to
more than 18% or such other rate as may be permitted under Pennsylvania law.
If a payment is more than 15 days late, a sum equivalent to 5% of the late payment (but no more than
$2.50 and not less than $1,00) may be charged.
Buyer may prepay the unpaid balance of the AMOUNT FINANCED and any FINANCE CHARGE due
through the date of early payment, in full or in part, without penalty.
SEE SECTION VI OF THE CONTRACT BELOW FOR ANY ADDITIONAL INFORMATION ABOUT NON-PAYMENT,
DEFAULT AND REQUIRED P,_EPAYMENT BEFORE THE SCHEDULED DATE FOR REPAYMENT OF THE AMOUNT
FINANCED.
3.
4.
5.
III. ITEMIZATION OF AMOUNT FINANCED
Cash price of Goods and Services: $30,900.00
Total down payment: $26,900.00
Unpaid balance of cash price (1 - 2): $4,000.00
Amount paid to others on Buyer's behalfi - 0 -
Amount Financed (3 + 4): $4,000.00
2
IV. CREDIT INSURANCE
Credit life insurance for the term of this Contract is not required.
V. NO WARRANTitfS
THERE ARE NO WARRANTIES, EITHER EXPRESSED OK LMPLIED, GIVEN BY SELLER llq CONNECTION WITH
SALE OF THE GOODS AND SERVICES COVERED BY THIS CONTRakCT UNLESS BLry-EIt. HAS BEEN GIVEN A SEPARATE
W~d'I'I'EN WA.I~X~NTY.
VI. ADDITIONAL PROVISIONS
Buyer agrees to pay Seller the Total Sale Price by making the total dom payment and paying Seller the Total of Payments in the
number and mount of munthly paymentS shown m the Payment Schedule. Payments are due on or before the same date of each
month as the first payment date. Payments must be made to EFG Technologies, Inc. at the following address:
EFG Technologies, Inc.
PO Box 2901
Winston-Salem NC 27102
Buyer's legal rights include the tight to pay all or part of the mounts 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 m advance, and (with Sellers consent) to
reinstate the Contract if Buyer timely cures any default.
Buyer shall be deemed m have committed an "Event of Default" oft. he Contract upon the occurrence of any of the followhag:
(a)
(b)
(c)
(d)
(e)
(t~
failure to make any payment on or before the date it is due,
failure to make a payment on any other Conlract outStanding with Seller,
failure to perform any other provision of the Contract,
providing Seller w/th false information ar signatures,
death, incompetence, or conviction of any Buyer of crime i.uvolving fraud or dishonesty,
insolvency or bankruptcy of any Buyer.
Upon or after the occurrence of any Event of Default, Seller will provide Buyer with notice, by certified re,il as required by law,
addressed to Buyer's last known address as shown on Sellegs records, advising Buyer of the default and of Buyers right to cure the
default. The notice will provide the time, amount and pefforrnauce 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 Coma'act to be immediately
due and payable. The Buyer agrees to pay all attorney% 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 Sellers fights and remedies shall be cumulative. Sellegs exercise of one
or more rightS shall not cause Sell0r 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 unenfomeable, that provision shall be deemed nat to have been a part of
this Contract, which shall otherwise remain fully effective.
3
APPLICABLE LAW: This Agreement, whenever coiled upon to be comtmed, shall he governed by the domestic internal laws of
the Commonwealth of Pennsylvania except to the extent supplemented, superseded or preempted by federal law.
CONSENT TO JURISDICTION, VENUE AND SERVICE: The par~ies 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,
Pemasylvama, or, if applicable, be United States District Court of the M./ddle DisU-ict of Pennsylvania, and ali parties hereto
consent a~d agree that jurisd/ction and venue for such proceedings shall lie exclusively W~)hin said court. Service of process in
any such proceeding may be made by certified marl, rem receipt requested, ctirected to the respective party at the address set
forth above.
10. This Contract shall be bindiug upon the parties hereto, their heirs, successors, assigns and legal representatives.
1 I. TIME IS OF TI~ ESSENCE OF THIS CONTRACT.
NOTICE: ANY HOLDER OF THIS CONSUMER CREDIT CONTRACT IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH
THE DEBTOR COULD ASSERT AGAINST THE SELLER OF GOODS OR SERVICES OBTAINED PURSUANT H~RETO OK
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 TH~S AGREEMENT BEFOP~E YOU READ IT OR IF IT CONTAINS ANY BLANK
SPACE. (2) YOU ARE ENTITLED TO A COMPLETELY FIILED-IN COPY OF THIS AGREEMENT. (3) UNDER ~ LAW,
YOU HAVE THE RIGHT TO PAY OFF IN ADVANCE THE FULL AMOUNT DUE AND UNDER CERTAIN CONDITIONS TO
OBTAIN A PARTIAL REFUND OF THE FINANCE CHARGE.
BUYER(S) ACKNOWLEDGE(S) RECEIVING A COMPLETED COPY OF THIS CONTRACT AND I~TIzND(S) TO BE
LEGALLY BOUND BY 1TS TERMS.
BUYER(S): ,
I AGR2~E TO REPAY ALL AMOUNTS DUE ON THIS LOAN IF THE BORKOWER(S)/BUYBP,(S) FAILS TO DO SO IN
ACCORDANCE WITH TI-JE TBRIVlS OF TI{E NOTE:
STUDENT COSIGNER q~,'>"~ ~& . ,
TRANSCRIPT OF A STUDENT'S RECORD WILL NOT BE RELEASED IF
LOAN PA¥1V[ENTS TO TI:IF, COLLEGE ARE I~ ARREARS OR DEiq'AULT.
D ATE:
?lan B
DICKINSON COLLEGE
4
VERIFICATION
I, THOMAS MEYER, Assistant Treasurer of Dickinson College, acknowledge that I
have the authority to execute this Verification on behalf of Dickinson College and certify
that the foregoing Complaint is based upon information which has been gathered by my
counsel in the preparation of this lawsuit. The language of this Complaint is that of counsel
and not my own. I have read the document and to the extent that this Complaint is based
upon information which I have given to my counsel, it is true and correct and to the best of
my knowledge, information and belief. To the extent that the content of this Complaint is
that of counsel, I have relied upon counsel in making this Verification.
This statement and Verification are made subject to the penalties of 18 Pa. C.S. §
4904 relating to unsworn falsification to authorities, which provides that if I knowingly make
false averments, I may be subject to criminal penalties.
Dated:
September 16, 2003
Dickinson College
Thom~
Assistant Treasurer of Dickinson College
DICKINSON COLLEGE,
Plaintiff
KEARONS J. WHALEN
and REEVES D. WHALEN,
Defendants
1N THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 03-4905
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 Kearons Whalen, Esquire, on
October 14, 2003, by certified mail, restricted delivery, remm receipt requested.
Attached is the Post Office return receipt signed and dated October 16, 2003, and a copy of
the receipt showing the cost of service was $8.38.
MARTSON DEARDORIeF WILLIAMS & OTTO
B David R. Gallo zvay,X~q~re [
I.D. No. 87326 \
Ten East High Street ~
Carlisle, PA 17013-3093 N
(717) 243-3341
Date: October 20, 2003 Attorneys for P][aintiff
CERTiFICATE OF SERVICE
I, Marti Iben, an authorized agent ofMartson Deardorff Williams & Otto, hereby certify that
a copy of the foregoing Praeeipe was served this date by depositing same in the Post Office at
Carlisle, PA, first class mail, postage prepaid, addressed as follows:
Kearons Whalen, Esquire
31 Wendall Avenue
Pittsfield, MA 01201
MARTSON DEARDORFF WILLIAMS & OTTO
Marti Iben
Ten East High Street
Carlisle, PA 170,13
(717) 243-3341
Dated: October 20, 2003
DICKINSON COLLEGE,
Plaintiff
KEARONS J. WHALEN
and REEVES D. WHALEN,
Defendants
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 03-4905
CIVIL ACTION-LAW
JURY TRIAL OF TWELVE DEMANDED
PRAECIPE
Please reinstate the attached Complaint against Defendant Reeves D. Whalen,
1830 19th Street, 115, Boulder, CO 80302 in the above-captioned action and return same to the
undersigned for service.
MARTSON DEAR~ORFF WILLIAMS & OTTO
I. D. Number 87326
Ten East High Street
Carlisle, PA 17013
(717) 243-3341
Date: January 15, 2004 Attorneys for Plaintiff
DICKINSON COLLEGE,
Plaintiff
KEARONS J. WHALEN
and REEVES D. WHALEN,
Defendants
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 03-4905
CIVIL ACTION-LAW
JURY TRIAL OF TWELVE DEMANDED
PRAECIPE
TO THE PROTHONOTARY:
Enter default judgment in the above-captioned action in favor of Plaintiff and against
Defendant, Kearons J. Whalen, in the amount of $3,603.88 plus interest from July 23, 2003, in the
amount of $86.48, collection and attorneys' fees in the amount of $600.00 for a total of $4,290.36,
plus costs of suit and interest from date of judgment as per the Notes attached to the Complaint for
Defendant, Kearons J. Whalen's, failure to file an answer to the Complaint.
I do hereby certify that a written notice of intention to file this Praecipe (in the form attached
hereto) was mailed to the Defendant at the address indicated thereon, on December 31, 2003, which
date was subsequent to the date default occurred and at least ten (10) days prior to the date of the
Praecipe.
MARTSON DEARDORFF WILLIAMS & OTTO
By
Ten East High Street
Carlisle, PA 17013 ~
(717) 243-3341
Attorneys for Plaintiff
Dated: January 28, 2004
DICKINSON COLLEGE,
Plaintiff
KEARONS J. WHALEN
and REEVES D. WHALEN,
Defendants
1N THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 03-4905
CIVIL ACTION-LAW
JURY TRIAL OF TWELVE DEMANDED
TO: KEARONS J. WHALEN, ESQUIRE
IMPORTANT NOTICE
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN
APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE 1N WRITING WITH THE
COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU.
UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A
JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY
LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. 1]? YOU DO NOT
HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS
OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO
PROVII)E YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL
SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
Dated: December 31, 2003
Cumberland County Lawyer Referral Service
Cumberland County Bar Association
32 South Bedford Street
Carlisle, PA 17013
Telephone:(717) 249-3166
MARTSON DEARD.,I~P~t ]vVILLIAMS &
David R. Galloway, esquire
Ten East High Street
Carlisle, PA 17013
(717) 243-3341
Attomeys for Plaintiff
OTTO
DICKINSON COLLEGE,
Plaintiff
KEARONS J. WHALEN and
REEVES D. WHALEN,
Defendants
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 03-4905
JURY TRIAL OF TWELVE DEMANDED
TO: KEARONS J. WHALEN, DEFENDANT
NOTICE OF ENTRY OF DEFAULT JUDGMENT
You are hereby notified that on __ day of ,2004, the following Judgment
was entered against you in the above-captioned case: [I]n the amount of $3,603.88 plus interest
from July 23, 2003, in the amount of $86.48, collection and attomeys' fees in the amount of $600.00
for a total of $4,290.36, plus costs of suit and interest from date of judgment for Defendant's failure
to file an answer to the Complaint.
Date:
Prothonotary
I hereby certify that the name and address of the proper person to receive this notice under
Pa. R. Civ. P. 236 is:
Kearons J. Whalen, Esquire
31 Wendall Avenue
Pittsfield, MA 01201
CERTIFICATE OF SERVICE
I, Marti lben, an authorized agent of MARTSON DEARDORFF WILLIAMS & OTTO,
hereby certify that a copy of the foregoing Praecipe was served this date by depositing same in the
Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows:
Kearons J. Whalen, Esquire
31 Wendall Avenue
Pittsfield, MA 01201
Reeves D. Whalen
1830 19th Street, 115
Boulder, CO 80302
MARTSON DEARDORFF WILLIAMS & OTTO
By ~/~~
Marti Iben
Ten East High Street
Carlisle, PA 17013
(717) 243-3341
Dated: January 28, 2004
DICKINSON COLLEGE,
Plaintiff
KEARONS J. WHALEN
and REEVES D. WHALEN,
Defendants
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 03-4905
CiVIL ACTION-LAW
JURY TRIAL OF TWELVE DEMANDED
PRAECIPE
Please reinstate the attached Complaint against Reeves D. Whalen, 4595 Laguna Place, Apt.
125, Boulder, CO 80303, in the above-captioned action and return same to the undersigned for
service.
Date: June 1, 2004
MARTSON DEARDO~ WILLIAMS & OTTO
IJ~-rffR. Galloway, Esquire ~
I. D. Number 87-:126
Ten East High Street
Carlisle, PA 17013
(717) 243-3341
Attorneys for Plaintiff
David R. Galloway, Esquire
MARTSON DEARDORFF WILLIAMS & OTTO
10 E. High Street
Carlisle, PA 17013
(717) 243-3341
Attorneys for Plaintiff
DICKINSON COLLEGE,
IN THE COURT OF COMMON PLEAS OF
Plaintiff
KEARONS J. WI-IALEN
and REEVES D. WHALEN,
Defendants
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 03-4905
C1VIL ACTION-LAW
JURY TRIAL OF TWELVE DEMANDED
PRAECIPE
Please reinstate the attached Complaint against Reeves D. Whalen, 135 Cheshire Road,
Lanesborough, MA 01237, in the above-captioned action and remm same to the undersigned for
service.
MARTSON DEA~[~)RFF WILLIAMS & OTTO
B 7 ~---
I. D. Number 87326 \
10 E. High Street
Carlisle, PA 1:7013
(717) 243-3341
Date: October 14, 2004 Attorneys for Plaintiff
F:~FILES~DATAFILE~ickinsonCollcge7619\Collections\Currcnt~211 pta7
Create~k 10/26/04 0:30PM
Revised: 11/3/04 9:55AM
7619C.211
David R. Galloway, Esquire
MARTSON DEARDORFF WILLIAMS & OTTO
10 E. High Street
Carlisle, PA 17013
(717) 243-3341
Attorneys for Plaintiff
DICKINSON COLLEGE,
Plaintiff
Vo
KEARONS J. WHALEN
and REEVES D. WHALEN,
Defendants
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 03-4905
CIVIL ACTION-LAW
JURY TRIAL OF TWELVE DEMANDED
PRAECIPE TO SETTLE, DISCONTINUE & END
Kindly mark the judgment against Kearons J. Whalen in the above-captioned case satisfied
and issue a certificate reflecting the same and mark the above-captioned case settled, discontinued
and ended with prejudice against Reeves D. Whalen only.
By ~
David R. Gall~5
~ILLIAMS
ay, Esquire'
& OTTO
I.D. Number 87326
Ten East High. Street
Carlisle, PA 17013-3093
(717) 243-334.1
Attorneys for Plaintiff
Date: November 3, 2004
CERTIFICATE OF SERVICE
I, Jean Taylor, an authorized agent for Martson Deardorff Williams & Otto, hereby certify
that a copy of the foregoing Praecipe was served this date by depositing same in the Post Office at
Carlisle, PA, first class mail, postage prepaid, addressed as follows:
Mr. Kearons J. Whalen
31 Wendall Avenue
Pittsfield, MA 01201
Mr. Reeves Whalen
c/o Mr. Kearons J. Whalen
31 Wendall Avenue
Pittsfield, MA 01201
MARTSON DEARDO~~~dM S
"J~[aylor
Te~/~ hst Hi~ Street
Cable, PA 17013
(717) 243-3341
& OTTO
Dated: November 3, 2004