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HomeMy WebLinkAbout03-4906DICKINSON COLLEGE, Plaintiff KATHLEEN GIBBONS HAGAN and JESSE D. ANTONINI Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. O$ - t/c~OG ~ CIVIL ACTION-LAW JURY TRIAL OF TWELVE DEMANDED NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiffs. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP: Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 Date: September 16, 2003 ay, Esquir~ I.D. No. 87326 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attomeys for Plaintiff DICKINSON COLLEGE, Plaimiff KATHLEEN GIBBONS HAGAN and JESSE D. ANTONINI Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. O3-q clOG ~ 'TT~.~ CIVIL ACTION-LAW JURY TRIAL OF TWELVE DEMANDED COMPLAINT AND NOW, comes Plaintiff Dic!dnson 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, Kathleen Gibbons Hagan, (hereinat~er "Parent"), is an adult individual with a last known address of 61 Street Road, Newtown Square, Delaware County, Pennsylvania, 19073. 3. Defendant, Jesse D. AntonirLi, (hereinafter "Student"), is an adult individual with a last known address of 3713 South George Mason Drive Apt. 1606W, Falls Church, Virginia, Faiffax County, 22041. 4. On or about March 3, 1997, Student entered into a Promissory Note (Note #1) with Plaintiff for the financing of $11,000.00, 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. On or about September 2, 1997, Student entered into an additional Promissory Note (Note #2) with Plaintiff for the financing of $7,600.00, plus interest, for educational services and benefits to Student at Plaintiff's institution. A copy of Note #2 is attached hereto as Exhibit "B." 6. On or about May 13, 1999, Parent and Student entered into an additional PromissoryNote (Note #3) with Plaintiff for the financing of $3,415.00. A copy of Note #3 is attached hereto as Exahibit The collective principal balance for Note #1 and Note #2 is $22,015.00. Note #1, Note #2 and Note #3 grant Plaintiff reasonable collection and attorneys' fees which Plaintiff has calculated to be $3,302.25. 9. Student stopped making monthly payments on Note #1 and Note #2 on or about May 31, 2002. Parent and Student stopped making monthly payments on Note #3 on or about August 8, 2002. COUNT I BREACH OF CONTRACT Dickinson College v. Jesse D. Antonini 10. Plaintiff hereby incorporates by reference the averments contained in Paragraphs 1 through 9 of this Complaint. 11. As of July 15, 2003, the principal and interest duc and payable by Student to Plaintiffwas $21,568.14, plus interest accruing at $3.13 per day fi.om July 15, 2003. 12. As of July 15, 2003, thc outstanding balance of $21,568.14 represents the total and actual overdue value of the financing provided to Student under Note # 1, Note #3 and Note #3 for which he has yet to pay. 13. Student breached the expressed and implied obligations, conditions and terms of agreement of Note #l, Note #2 and Note #3 by failing to pay the amounts financed therein. 14. Plaintiff fulfilled, performed and complied with ail obligations and conditions of Note #1, Note #2 and Note #3. WHEREFORE, Plaintiff demands judgment against Defendant, Jesse D. Antonini, in the amount of $21,568.14, plus interest accruing at $3.13 per day fi.om July 15, 2003, collection and attorneys' fees in the amount of $3,302.25 and costs of suit. COUNT II BREACH OF CONTRACT Dickinson College v. Kathleen Gibbons Hagan 15. Plaimiff hereby incorporates by reference the averments contained in Paragraphs I through 14 of this Complaint. 16. As of July 15, 2003, the principal and interest due and payable by Parent to Plaintiffwas $3,422.74, plus interest accruing at $.42 per day fi.om July 15, 2003. 17. As of July 15, 2003, the outstanding balance of $3,422.74 represents the total and actual overdue value of the financing provided to Parent under Note #3 for which she has yet to pay. 16. Parent breached the expressed and implied obligations, conditions and terms of agreement of Note #3 by failing to pay the amounts financed therein. WHEREFORE, Plaintiffdemands judgment against Defendant, Kathleen Gibbons Hagan, in the amount of $3,422.74, plus interest in the amount of $.42 per day fi.om July 15, 2003, collection and attorneys' fees in the amount of $513.41 and costs of suit. COUNT III IN QUANTUM MERUIT Dickinson College v. Jesse D. Antonini 14. Plaintiff hereby incorporates by reference the averments contained in Paragraphs 1 through 13 of this Complaint. 15. Having requested Plaintiff to loan money, and doing so to the benefit of Student, Student became liable to Plaintiff for said money. 16. Student has been unjustly enriched by accepting said money without paying Plaintiff reasonable compensation therefor. 17. As of July 15, 2003, the total amount by which Student had become enriched was $21,568.14 with interest accruing thereafter at $3.13 per day. WHEREFORE, Plaintiffdemands judgment against Defendant, Jesse D. Antonini, in the amount of $21,568.14, plus interest in the amount of $3.13 per day from July 15, 2003, collection and attorneys' fees in the amount of $3,302.25 and costs of suit. Date: September 16, 2003 MARTSON DEARDO]~ By~~ I.D. No. 87326 Ten East High Street Carlisle, PA 17013-3093 (717) 243-3341 Attorneys for Plaintiff WILLIAMS & OTTO DICKINSON COLLEGE C~RLISLE, P~ 17013-2896 (717) 245-1383 Date: January 31, 1997 I hereby acknowledge receipt from DICKINSON COLLEGE of a loan in the amount of Eleven Thousand dollars ($11,000.00) which is hereby applied on my College account for the Spring semester of the 1996-97 academic year. I agree to repay Dickinson College according to the following plan: I. Interest Interest shall accrue from the first of the month following the month in which I graduate or cease to matriculate at Dickinson College, and shall be at the ANNUAL PERCENTAGE RATE OF 6 percent interest on the unpaid balance. Interest will accrue on a dally basis. II. Repayment I promise to repay the principal and the interest which accrues on it over a period beginning six months after the date I graduate or cease to matriculate at Dickinson College. I will repay in equal monthly installments with a minimum monthly payment of $40.00 (which includes both principal and interest), and a maximum repayment period of five years (60 months). I realize that the College is under no obligation to grant deferments during the course of the repayment period. III. Default If I fail to make a scheduled repayment of any installment, the entire unpaid indebtedness including interest due and accrued thereon, plus any applicable penalty charge, will, at the option of Dickinson College, become immediately due and payable. I understand that if I default on my loan repayments that Dickinson College may disclose that I have defaulted, along with other relevant information, to credit bureau organizations. IV. Penalty Charge If I fail to make timely payment of all or any part of a scheduled installment, I promise to pay the charge assessed against me by Dickinson College. No charge may exceed $1.00 for the first month or part of a month by which the installment is late, and $2.00 for each month or part of a month thereafter. I promise to pay all attorney's fees and other reasonable collection costs and charges necessary for the collection of any amount not paid when due. // Jesse SocialS~curity Number c2Q/ DICKINSON'COLLEGE CARLISLE, PA 17013-2896 (717) 245-1383 Date: August 13, 1997 I hereby acknowledge receipt from DICKINSON COLLEGE of a loan in the amount of Seven Thousand Six Hundred Dollars ($7,600.00) which is hereby applied on my College account for the Fall 1997 and Spring 1998 semester. I agree to repay Dickinson College according to the following plan: I. Interest Interest shall accrue from the first of the month following the month in which I graduate or cease to matriculate at Dickinson College, and shall be at the ANNUAL PERCENTAGE RATE OF 6 percent interest on the unpaid balance. Interest will accrue on a daily basis. II. Repayment I promise to repay the principal and the interest which accrues on it over a period beginning six months after the date I graduate or cease to matriculate at Dickinson College. I will repay in equal monthly installments with a minimum monthly payment of $40.00 (which includes both principal and interest), and a maximum repayment period of five years (60 months). I realiz: that the College is under no obligation to grant deferments during the course of the repayment period. III. Default If I fail to make a scheduled repayment of any installment, the entire unpaid indebtedness including interest due and accrued thereon, plus any applicable penalty charge, will, at the option of Dickinson College, become immediately due and payable. I understand that if I default on my loan repayments that Dickinson College may disclose that I have ...... L,d, along .... other relevant information, to credit bureau organizations. IV. Penalty Charge If I fail to make timely payment of all or any part of a scheduled installment, I promise to pay the charge assessed against me by Dickinson College. No charge may exceed $1.00 for the first month or part of a month by which the installment is late, and $2.00 for each month or part of a month thereafter. I promise to pay all attorney's fees and other reasonable collection costs and charges necessary for the collection of any amount not paid when due. Student Signature ~ ~6sse Antonini Social Security Number Date / DICKINSON COLLEGE Pre-Loan Information Sheet To be completed by the student: (PLEASE PRINT) (Last) (First) (Middle Initial) LOCAL ADDRESS: STREET (inc. Apt. no.) CITY TELEPHONE NO. Driver' s License PERMANENT ADDRESS STREET (inc. Apt. no.) STATE C~, Social ~ecurfty No. College Dickinson Collese Class: Fresh. Soph.'~// Jr. Sr. Exp. Graduation Date PARENT OR GUARDIAN: (First) Street (inc. Apt. no.) city I~o~,'-,',o'-,,~- Parent's Employer's Name Employer's Business Address (Initial) State (Last) Telephone G%O zip (City) (State) Brothers and Sisters over 18 not living at home, (List married name of sisters, for example: Mrs. Robert R. Anderson) Name Address Name Address PERSONAL REFERENCES: Name INSURANCE COMPANY OR AGENT: Automobile Life Address Address Form PLIS - 1/90 DICKINSON COLLEGE FLEXIBLE FINANCING SYSTEM - PLAN B EDUCATIONAL GOODS AND SERVICES RETAIL INSTALLMENT CONTRACT May13,1999 Seller: Dickinson College, Carlisle, Pennsylvania 17013-2896 Buyer(s): Kathleen Gibbons . ~.~6~ O._. 200 S. Roberts Rd. F-4 N',)~t,~ ~..~N BrynMawr, PA 19010 ~ '1 ' If there is more than one Buyer, each of you will be obligated, jointly and severally, for all sums due and for the performance of all agreements as provided in this Contract. Under the terms of this Educational Goods and Services Retail Installment Contract, you have agreed to pay the expenses incurred for goods and services to be provided and rendered, as the case may be, to Jesse Antonini (hereinafter "Student") during his/her enrollment at Dickinson College during the 1999 academic year, including tuition, room and board, books and supplies as herein stated (hereinafter the "Goods and Services"). The Goods and Services shall include only tuition, room and board. II. TERMS OF PAYMENT AND PAYMENT SCHEDULE Disclosures Required by Federal Law ANNUAL PERCENTAGE RATE:* Cost of credit as yearly rate FINANCE CHARGE: Dollar amount credit will cost buyer AMOUNT FINANCED: Amount of credit provided by Dickinson College TOTAL OF PAYMENTS: Amount paid by Buyer as total of all scheduled payments TOTAL SALE PRICE: Total cost of purchase on credit, including down payment of 9.50 % 3.36'0.00 $ 5,956~ $ 25,330.00 $ 28,630.00 Rev 2/92 Antonini Buyer's payment schedule will be ag follows: dumber of Payments 116 Amount of Payments When Payments are Due Mo'nthly commencing 06/28/99 until 08/28/09 ariable Rate: The ANNUAL PERCENTAGE RATE disclosed above is a variable rate and may change. The ANNUAL PERCENTAGE RATE may increase during the term of this transaction if the prime rate of interest announced in the Wall Street Journal as of the close of business on June 30 of each calendar year increases, and will be increased to the prime rate plus 1%. The ANNUAL PERCENTAGE RATE will not increase more than once a year, and the new interest rate will become effective on July 1 following the increase, if any, in the prime rate of interest. Any increase will be in the form of higher payment amounts. If your cost of the Goods and Services sold hereunder were $3,300.00 at 9.50% per annum for 116 months and the prime rate plus 1% were increased to 10.50%, your regular monthly payments would increase to $45.40. Further, the ANNUAL PERCENTAGE RATE will not increase to more than 18% or such other rate as may be permitted under the Pennsylvania Goods and Services Installment Sales Act. Charge: Ifa 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. myment: Buyer may prepay the unpaid balance of the Amount Financed and any FINANCE CHARGE due through the date of early payment, in full or in art, without penalty. SECTION VI OF THE CONTRACT BELOW FOR ANY ADDITIONAL INFORMATION ABOUT NON~ fMENT, DEFAULT AND REQUIRED REPAYMENT BEFORE THE SCHEDULED DATE FOR ~AYMENT OF THE AMOUNT FINANCED. III. ITEMIZATION OF AMOUNT FINANCED Cash price of Goods and Services: $ Total down payment: Unpaid balance of cash price (1 - 2): Amount paid to others on Buyer's behalf: Amount Financed (3 + 4): $ 28,630.00 2 IV. CREDI.T 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 1N CONNECTION WITH SALE OF THE GOODS AND SERVICES COVERED BY THIS CONTRACT UNLESS BUYER HAS BEEN GIVEN A SEPARATE WRITTEI~ WARRANTY. VI. ADDITIONAL PROVISIONS Buyer agrees to pay Seller the Total Sale Price by making the total down payment and paying Seller the Total of Payments in the number and amount of monthly payments shown in the Payment Schedule. Payments are due on or before the same dare of each month as the first payment date. Payments must be made to EFG Technologies, Inc. at the following address: EFG Technologies, Inc. P.O. Box 64974 St. Paul, MN 55164 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) (b) (c) (d) (e) (0 failure to make any payment on or before the date it is due, failure to make a payment on any other Contract outstanding with Seller, failure to perform any other provision of the Contract, providing Seller with false information or signatures, death, incompetence, or conviction of any Buyer of crime involving 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 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 a 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 Defanlt 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. 7. If any part of this Contract is held to be illegal, void or unenforceable, that provision shall be deemed not to have been a part of this ontract, which saall otherwise remain fully effective. APPLICABLE LAW: This Agreement, whenever called upon to be construed, shall be governed by the domestic internal laws oft Commonwealth of Pennsylvania except to the extent supplemented, superseded or preempted by federal law. 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 consen and agree that jurisdiction and venue for such proceedings shall lie exclusively within said court. Service of process in any such proceeding may be made by certified mail, return receipt requested, directed to the respective party at the address set forth above. 10. This Contract shall be binding upon the parties hereto, their heirs, successors, assigns and legal representatives. 11. TIME IS OF THE ESSENCE OF THIS CONTRACT. NOTICE: ANY HOLDER OF'THIS CONSUMER CREDIT CONTRACT IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH THt DEBTOR COULD ASSERT AGAINST THE SELLER OF GOODS OR SERVICES OBTAINED PURSUANT HERETO OR WITH THE PROCEEDS HEREOF. RECOVERY HEREUNDER BY THE DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR HEREUNDER. NOTICE TO BUYER: (1) DO NOT SIGN THIS AGREEMENT BEFORE YOU READ IT OR IF IT CONTAINS ANY BLANK SPACE. (2) YOU ARE ENTITLED TO A COMPLETELY FILLED-IN COPY OF THIS AGREEMENT. (3) UNDER THE LAW, YOU HAVE THE RIGHT TO PAY OFF IN ADVANCE THE FULL AMOUNT DUE AND UNDER CERTAIN CONDITIONS TO OBTAIN A PARTIA REFUND OF THE FINANCE CHARGE. BUYER(S) ACKNOWLEDGE(S) RECEIVING A COMPLETED COPY OF THIS CONTRACT AND INTEND(S) TO BE LEGALLY BOUND BY ITS TERMS. ,/ I AGREE TO REPAY ALL AMOUNTS DUE ON THIS LOAN 1F THE BORROWER(S)/BUYER(S) FAILS TO DO SO IN ACCORDANCE WITH THE TERMS OF THE NOTE: , STUDENT COSIGNER / \ -~ ~' - ~.: ' TRANSCRIPT OF A STUDENT'S RECORD WILL NOT BE RELEASED IF LOAN PAYMENTS TO THE COLLEGE ARE IN ARREARS OR DEFAULT. DATE: Plan B Loans DICKINSON COLLEGE 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 road 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 rolating 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 ~"D~'~'ckinson College DICKINSON COLLEGE, Plaintiff KATHLEEN GIBBONS HAGAN & JESSE D. ANTONINI Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-4906 CIVIL ACTION-LAW JURY TRIAL OF TWELVE DEMANDED PRAECIPE Please reinstate the attached Compliant against Kathleen Gibbons Hagan and Jesse D. Antonini, in the above-captioned action and return same to the undersigned for service. MARTSON DE~RFF WILLIAMS & OTTO Ten East High Street Carlisle, PA 17013 (717) 243-3341 Date: November 20, 2003 Attorneys for Plaintiff SHERIFF'S RETURN - CASE NO: 2003-04906 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND DICKINSON COLLEGE VS. HAGAN KATHLEEN GIBBONS ET AL U.S. CERTIFIED MAIL R. Thomas Kline County, Pennsylvania, within named DEFENDANT prepaid, on the 19th day of 3713 SOUTH GEORGE MASON DRIVE APT 1606W FALLS CHURCH, VA 22041 and attested copy of the attached COMPLAINT & NOTICE with , Sheriff of Cumberland who being duly sworn according to law served the ,ANTONNI JESSE D , by United States Certified Mail postage September,2003 at 0000:00 HOURS at receipt card was signed by RETURNED AS UNCLAIMED 00/00/0000 Additional Comments: a true Together The returned Sheriff's Costs: Docketing 6.00 Cert Mail 4.42 Affidavit .00 Surcharge 10.00 .00 20.42 Paid by MDW&O Sworn and subscrbe~ to before me t_his~day ofi/~ ~.~_ ~ Prothonotary ~ So answers p/ /~?~ /~. Thomas Kline Sheriff of Cumberland County on 11/17/2003 SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2003-04906 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DICKINSON COLLEGE VS HAGAN KATHLEEN GIBBONS ET AL R. Thomas Kline duly sworn according to law, and inquiry for the within named DEFENDANT , HAGAN KATHLEEN GIBBONS but was unable to locate Her in his bailiwick. deputized the sheriff of DELAWARE County, serve the within COMPLAINT & NOTICE , Sheriff or Deputy Sheriff who being says, that he made a diligent search and to wit: He therefore Pennsylvania, to On November 17th , 2003 , attached return from DELAWARE Sheriff's Costs: Docketing 18.00 Out of County · 9.00 Surcharge 10.00 Dep Delaware Co 34.25 .00 71.25 11/17/2003 MDW&O Sworn and subscribed to before me this day of ,/~"~ Prothonotary this office was in receipt of the R./ Thomas Klin~ Sheriff of Cumberland County In The Court of Common Pleas of Cumberland County, Pennsylvania Dickinson Coll~ Kathleen Gibbons Hagan No. 2003-4906 Civil Now, 9/19/03 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Deleware Coutlty td execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA within upon at by handing to a and made known to Affidavit of Service , 20__, at o'clock M. served the copy of the original So answers, the contents thereof. Sworn and subscribed before me this __ day of ,20 Sheriffof COSTS SERVICE MILEAGE AFFIDAVIT County, PA R. THOMAS KLINE Shedff EDWARD L. SCHORPP Solicitor OFFICE OF THE SHERIFF RONNY R. ANDERSON Chief Depu~, JODY S. SMITH Real Estate Deputy TO: Dear Sir: Hon. Chad F. Kenney Sheriff of Deleware Co 201W. Front St Media, PA 19063 Enclosed please find On.e Courthouse Square Carlisle, Pennsylvania 17013 R~:. 2003-4906 · Dickinspn Colle.ge Kathleen Gibbons Hagan 61 Street Road Newton Square, PA 19073 Notice & Qomplaint Notice & Complaint Civil to be served upon in your County. ' Kindly make service thereof and send us your return of servzce. Enclosed is the advance payment which you requested. Very tml~s, . _ ' R. Thomas Kline, Sheriff Cumberland County, Pem~sylvania 'Enclosures: Sworn t~.,and subscrfl3~ b~ I~ ~ · Complete items 1, 2, and 3, Also complete item 4 if Restricted Delivery is desired, · Print your name and address on the reverse so that we can return the card to you. · Attach this card to the back of the maJlpiece, or on the front if space permits. X ~] Addres 3. Service Type ~ Certified Mail E] Express Mail 2002 2410 0007 8504 6013 ~j?~ _z~ DICKINSON COLLEGE, Plaintiff KATHLEEN GIBBONS HAGAN & JESSE D. ANTONINI Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. O3-49O6 CIVIL ACTION-LAW JURY TRIAL OF TWELVE DEMANDED PRAECIPE Please reinstate the attached Complaint against Kathleen Gibbons Hagan and Jesse D. Antonini, in the above-captioned action and forward to the Chester County Sheriff for service at 61 Street Road, Newtown Square, Pennsylvania 19073. M..ARTSON D~__~~IAMS~ & OTTO David R. Galloway,-LVgqui~¢ Carlisle, PA 17013 (717) 243-3341 Date: January 6, 2004 Attorneys for Plaintiff F/Fl LES~DATAFILE/Dickins~n College 7619~Dick nsonCollcgeCo lecfions76 9C~Docume~ts\195 iai Created: 11/20/03 I;33PM DICKINSON COLLEGE, Plaintiff KATHLEEN GIBBONS HAGAN & JESSE D. ANTONINI Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-4906 CIVIL ACTION-LAW : JURY TRIAL OF TWELVE DEMANDED ACCEPTANCE OF SERVICE I, JESSE D. ANTONINI, accept serv~~__ Dated: /~ a/lot.~ ,2003 ~n~J ~ F:/FILESIDATAFILEkDickinson CO ege 76 9~Dickln °nCoIlegeColl¢¢tions7619C/Cutrent/195 cett CERTIFICATE OF SERVICE I, Martha-Anne Iben, an author/zed agent ofMartson Deardorff Williams & Otto, hereby certify that a copy of the foregoing Acceptance of Service was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Jesse D. Antonini 61 Street Road Newtown Square, PA 19073 MARTSON DEA~ORFF WILLIAMS & OTTO Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: January 15, 2004 ~n The Court af Common Pleafi. :o~.~,u ~mbEr/la~ County, Pennsylvania Dick~son College r':, ~ / - '~ ~ ~ ~ C~ff~ tc ~ 9 a~ Ka~hleen Gi~ns Hogan et ~ .... /,¢~' ~' ~,~;' SE~: ~thleen Gibbons Hagan ~ : ~ :,~,~. ~.-~--~4 ~/~ ~_ 03-4906 civil ~ i 6l Street Road .... "' ' ~L Ne~o~ Square, PA 19073 ~,d .... ' ....~c~ J'- &- ~' ~t .~c¢7-- ~z ~ Y5 ~z~ ~OW, January 8. 2004 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriffof Chester Cotmty to execute deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland Coun~tq> Affidavit of Service ]qOW, within upon at by handing to ~ ~ o'clock__~M, served the copy of the ori~nal /l.'bto c,,-.d c....70/~..,] mad made known to the contents thereof. So alqswers~O Sheriff of /dt C :le ~ ~/ County, PA COSTS SERVICE MiLEAGE AFFIDAVIT CERT~ICATE OF SERVICE I, Martha-Anne lben, an authorized agent of Martson 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, PA, first class mail, postage prepaid, addressed as follows: Kathleen Gibbons Hagan 6l Street Road Newtown Square, PA 19073 MARTSON DEARDORFF WILLIAMS & OTTO Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: February 10, 2004 SHERIFF'S RETURN - CASE NO: 2003-04906 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DICKINSON COLLEGE VS HAGAN KATHLEEN GIBBONS ET AL OUT OF COUNTY R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: HAGAN KATHLEEN GIBBONS but was unable to locate Her deputized the sheriff of CHESTER in his bailiwick. County, serve the within COMPLAINT & NOTICE He therefore Pennsylvania, to On February 5th , 2004 attached return from CHESTER Sheriff's Costs: Docketing Out of County Surcharge Dep Chester Co 18.00 9.00 10.00 33.76 .00 70.76 02/05/2004 MDW&O Sworn and subscribed to before me this /3 ~ day of ~ ~O Y A.D. Prothonotar~ this office was in receipt of the So answ~~/~ P~. Thomas Kline Sheriff of Cumberland County SHERIFF'S CASE NO: 2003-04906 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DICKINSON COLLEGE VS HAGAN KATHLEEN GIBBONS ET AL RETURN - OUT OF COUNTY R. Thomas Kline duly sworn according to law, and inquiry for the within named DEFENDANT ANTONNI JESSE D but was unable to locate Him deputized the sheriff of CHESTER serve the , Sheriff or Deputy Sheriff who being says, that he made a diligent search and to wit: in his bailiwick. County, within COMPLAINT & NOTICE He therefore Pennsylvania, to On February 5th , 2004 attached return from CHESTER Sheriff's Costs: Docketing 6.00 Out of County .00 Surcharge 10.00 .00 .00 16.00 02/05/2004 MDW&O Sworn and this /~ ~ subscribed to before me day of Prothono~a~ this office was in receipt of the R ./Th~omas ~K~ine- Sheriff of Cumberland County .in.The Court of Common Pleas,o,f.,.C. p,n2b~r~jTd~ County, Pennsylvania Dickinson College 9~te ~- 9'-o¢ ~.~ ,~ VS. Kathleen Gibbons Hagan et ~! /~O Paid SERVE: Kathleen Gibbons Hagan R~:Cipt ~0. ~& F/~ 7ND. 61 Street Road Newto%m PA 19073 03-4906 civil , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Chester COLlllty to execute th~ ~ this (__ 212 deputation being made at the request and risk of the Plaintiff. , ~ Sheriff of Cumberland Counl~ PA.--< ~ Affidavit of Service Now~ within upon at by handing to a mad made known to ~Lr ~ ~ o'clock ~ M. served the copy of the original the contents thereof. So answers, Sheriff of County, PA COSTS SERVICE MILEAGE AFFIDAVIT ~n~T, he Court of Common Pleas of Cumberland County, Pennsylvania Dickinson College VS. Kathleen Gibbons Hagan~ al SE~:~Jesse D. ~ton~i /~0 ~ No. ~61 Street Road Ne~o~ Sq~re, PA 19~t ~JO. ~ ~/~ 7 NOW, 03-4906 civil January a, 2004 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Chester County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, Affidavit of Service Now, ,20 , at o'clock M. served the within upon by handing to a and made known to copy of the original the contents thereof. . So ~om~¥~5~-,'~ t~, ~ .thok~.~, answers, COSTS Sworn and subscribed before SERVICE me ~i~da~;0f.~ ~ ~ ,2~ mLEAGE i):~ ~; AFFIDAVIT County, PA DICKINSON COLLEGE, Plaintiff KATHLEEN GIBBONS HAGAN & JESSE D. ANTONINI Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-4906 CW1L ACTION-LAW JURY TRIAL OF TWELVE DEMANDED TO: KATHLEEN GIBBONS HAGAN, DEFENDANT NOTICE OF ENTRY OF DEFAULT JUDGMENT You are hereby notified that on --~ - / ~- - '~ ~' ,200, the following Judgment was entered against you in the above-captioned case: 3,422.74, plus interest from July 15, 2003, in the amount of $99.96, attorneys' fees in the amount of $513.41, for a total of $4,036.11, plus costs of suit and interest from date of judgment as per the Notes attached to the Complaint Date: 3//;ct/~ ? Prothonotary I hereby certify that the name and address of the proper person t~this notice under Pa. R. Civ. P. 236 is: Ms. Kathleen Gibbons Hagan 6l Street Road Newton Square, PA 19073 DICK/NS ON COLLEGE, Plaintiff KATHLEEN GIBBONS HAGAN & JESSE D. ANTONINI Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-4906 CIVIL ACTION-LAW JURY TRIAL OF TWELVE DEMANDED PRAECIPE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Enter default judgment in the above-captioned action in favor of Plaintiff and against Defendant Kathleen Gibbons Hagan in the amount of $3,422.74, plus interest from July 15, 2003, in the amount of $99.96, attorneys' fees in the amount of $513.41, for a total of$4,036.11, plus costs of suit and interest from date o f judgment as per the Notes attached to the Complaint 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 the Defendant at the address indicated thereon, on February 24, 2004, which date was subsequent to the date default occurred and at least ten (10) days prior to the date of the Praecipe. MART~~& OTTO I. D. Number 87326 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Date: March 10, 2004 Attorneys for Plaintiff I)ICK1NSON COLLEGE, Plaintiff ICATHLEEN GIBBONS HAGAN JESSE D. ANTONINI Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-4906 CIVIL ACTION-LAW JURY TRIAL OF TWELVE DEMANDED T~O: KATHLEEN GIBBONS HAGAN, Defendant IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN AJ~PEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. [YNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Date: February 24, 2004 Cumberland County Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 Telephone:(717) 249-3166 By ~, 3 t...~ David R. Galloway, Esquire Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff & OTTO U.S. POSTAL SERVICE CERTIFICATE OF MAILING ~'~.~ed ~IAJtTSGll DEARBORFF WILLIAMS arglTO One piece of ordinary mail addressed to: , ~,~] 1~ _~77,.~.~ PS Form 3817, January 2001 CERTIFICATE OF SERVICE I, Tricia D. Eckenroad, mi 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: Ms. Kathleen Gibbons Hagan 61 Street Road Newton Square, PA 19073 MARTSON DEARDORFF WILLIAMS & OTTO Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: March 10, 2004 DICKINSON COLLEGE, Plaintiff KATHLEEN GIBBONS HAGAN & JESSE D. ANTONINI Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-4906 CIVIL ACTION-LAW JURY TRIAL OF TWELVE DEMANDED PRAECIPE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Enter default judgment in the above-captioned action in favor of Plaintiff and against Defendant, JESSE D. ANTONINI, in the mount of $21,568.14, plus interest from July l 5, 2003, in the amount of $1,317.73, attorneys' fees in the amount of $3,302.25, for a total Judgment of $26,188.12, plus costs of suit and interest from date of Judgment as per the Notes attached to the Complaint 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 the address indicated thereon, on July 6, 2004, which date was subsequent to the date default occurred and at least ten (10) days pr/or to the date of the Praecipe. r'D~vi'd 7Gallo~a'~ ,~quire I. D. Number 87326 10 East High Street Carlisle, PA 17013 (717) 243-3341 IAMS & OTTO Date: September 9, 2004 Attorneys for Plaintiff DICKINSON COLLEGE, Plaintiff KATHLEEN GIBBONS HAGAN & JESSE D. ANTONINI Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-4906 CIVIL ACTION-LAW JURY TRIAL OF TWELVE DEMANDED TO: JESSE D. ANT~)NINI, Defendant IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS, YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. 1F 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 PROVDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 Telephone:(717) 249-3166 MART_~ON DE~..ARD~ O~F WILLIAMS& OTTO Ten East High Street L/ Carlisle, PA 17013 (717) 243-3341 Date: July 2, 2004 Attorneys for Plaintiff u.s. ~os'rAL SeF~WC~ CERTIFICATE OF MAILING _MARTSeNDEAIll]O#FFtNILLtAMS Ten East iligh ~eet Cadide, PA 17013-30,3 OnepJecoolord,oaryrrlaJlaOdressedt~ CERTIFICATE OF SERVICE I, David R. Galloway, 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. Jesse Antonini 154 Treetops Lane West Chester, PA 19380 Elizabeth Anne Redmond, Esquire DUFFY GREEN & REDMOND, P.C. 10 North Church Street, Suite 307 West Chester, Pennsylvania 19380 (Counsel Not of Record) Ms. Katheleen Gibbons Hagan 61 Street Road Newton Square, PA 19073 IAMS & OTTO 10 East High Street Carlisle, PA 17013 ~ (717) 243-334l Dated: September 9, 2004 DICKINSON COLLEGE, Plaintiff KATHLEEN GIBBONS HAGAN & JESSE D. ANTON1NI Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-4906 CIVIL ACTION-LAW JURY TRIAL OF TWELVE DEMANDED TO: JESSE D. ANTONINI, DEFENDANT NOTICE OF ENTRY OF DEFAULT JUDGMENT You are hereby notified that on q/~] ,2004, the following Judgment was entered against you in the above-captioned--case: [I]n the amount of $21,568.14, plus interest from July 15, 2003, in the amount of $1,317.73, attorneys' fees in the amount of $3,302.25, for a total Judgment of $26,188.12, plus costs of suit and interest from date of Judgment as per the Notes attached to the Complaint for Defendant's failure to file an Answer to the Complaint. Date: September ~_, 2004 Prothonotary I hereby certify that the name and address of the proper person to receive this notice under Pa. R. Civ. P. 236 is: Mr. Jesse Antonini 154 Treetops Lane West Chester, PA 19380 c FAFILES\Clients\7619 Dickinson College\7619.Collections\7619C.Cutrent\195 Antonini\7619C.195.pra8/drg Christopher E. Rice, Esquire r Attorney I.D. No. 90916 r1r, C= MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER n MARTSON LAW OFFICES ' Ten East High Street ^ ` ' -v - Carlisle, PA 17013 55 (717) 243-3341 Attorneys for Plaintiff DICKINSON COLLEGE, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 03-4906 CIVIL ACTION-LAW KATHLEEN GIBBONS HAGAN & JESSE D. ANTONINI Defendants JURY TRIAL OF TWELVE DEMANDED PRAECIPE To the Prothonotary: Please mark the judgment against Kathleen Gibbons Hagan, only, satisfied and discontinued. The action against Jesse D. Antonini remains in full force and effect. MARTSON LAW OFFICES Date: By (? f /11? Christopher E. Rice, Esquire I. D. Number 90916 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff 4q. 5w Co4 2s-7 0 2 CERTIFICATE OF SERVICE I, Mary M. Price, an authorized agent for Martson Deardorff Williams Otto Gilroy & Faller, hereby certify that a copy of the foregoing Praecipe was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Kathleen Gibbons Hagan 61 Street Road Newtown Square, PA 19073 Jesse D. Antonini 216 Meadowview Lane Mont Clare, PA 19453 MARTSON LAW OFFICES By: V, 14?1 /' A I , O?? Mar j Price Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: ( lelo' THIS IS A DEBT COLLECTING FIRM ATTEMPTING TO COLLECT A DEBT FOR DICKINSON COLLEGE. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.