HomeMy WebLinkAbout03-4908FTTLES\DATAPD.E\Dickhon Colkge 7619\Dickin.CO1kgeCollettions96190M.4 emsU 16-0om1 .wpdfdrg
Created: 4/3&03 1 54,03 PM
Revised'. 9/16/03 10:45:52 AM
76199.116
DICKINSON COLLEGE, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. NO. 03- 410P (2tc,i1 rPt4t--)
CIVIL ACTION-LAW
FREDERICK DREHER,
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
& OTTO
ga-vid R. Galloway, ]
I.D. Number 87326
Ten East High Street
Carlisle, PA 17013
(717) 243-3341
Attorneys for Plaintiff
Date: September 16, 2003
DICKINSON COLLEGE, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. NO. 03-
CIVIL ACTION-LAW
FREDERICK DREHER,
Defendant JURY TRIAL OF TWELVE DEMANDED
COMPLAINT
AND NOW, comes Plaintiff Dickinson College by and through its attorneys, MARTSON
DEARDORFF WILLIAMS & OTTO, and hereby avers as follows:
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 Frederick Dreher is an adult individual with a last known address of 1106
Columbia Street, McKeesport, Allegheny County, Pennsylvania, 15132.
On or about October 28, 1996, Defendant entered into a Promissory Note - Federal
Perkins Loan Program (Note #1) with Plaintiff for the financing of $1,000.00 plus interest and costs
by Defendant on his own behalf, for educational services and benefits at Plaintiff s institution. A
copy of Note #1 is attached hereto as Exhibit "A."
4. Note #1 was created under Part E of Title IV of the Higher Education Act of 1965 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. Note # 1 grants Plaintiff reasonable collection and attorney's fees which Plaintiff has
calculated to be $500.00.
As of September 3, 2003, the principal and interest due and payable by Defendant to
Plaintiff was $1,237.19, plus interest accruing thereafter at $0.14 per day.
8. As of September 3, 2003, the outstanding balance of $1,237.19 represents the total
and actual overdue value of the financing provided to Defendant under Note #1 for which Defendant
has yet to pay.
9. Plaintiff has fulfilled, performed and complied with all obligations and conditions of
Note #1.
COUNTI
BREACH OF CONTRACT
10. Plaintiff hereby incorporates by reference the averments contained in Paragraphs 1
through 9 of this Complaint.
11. Defendant breached the expressed and implied obligations, conditions and terms of
agreement of Note 41 by failing to pay the amounts financed therein.
WHEREFORE., Plaintiff demands judgment against Defendant in the amount of $1,237.19,
plus interest accruing at $0.14 per day from September 3, 2003, collection and attorneys' fees in the
amount of $500.00 and costs of suit.
COUNT II
IN QUANTUM MERUIT
12. Plaintiff hereby incorporates by reference the averments contained in Paragraphs 1
through 11 of this Complaint.
13. Having requested Plaintiff to loan money, and doing so to the benefit of Defendant,
Defendant became liable to Plaintiff for said money.
14. Defendant has been unjustly enriched by accepting said money without paying
Plaintiff reasonable compensation therefor.
15. As of September 3, 2003, the total amount by which Defendant has become enriched
is $1,237.19, plus interest accruing thereafter in the amount of $0.14 per day.
WHEREFORE, Plaintiff demands judgment against Defendant Frederick Dreher in the amount of
$1,237.19, plus interest in the amount of $0.14 per day from September 3, 2003, collection and
attorneys' fees in the amount of $500.00 and costs of suit.
& OTTO
David R. Galloway,
I.D. Number 87326
Date: September 16, 2003
Ten East High Street
Carlisle, PA 17013-3093
(717) 243-3341
Attorneys for Plaintiff
FEDERAL PERKINS LOAN - `a
PROMISSORY NOTE QoG
1. Name past, first, middle initiaq and 2. Social Security Number
Permanent Address (street, city, state, zip code)
C3" S-b' C` s c 1c
Dreher, Frederick
32- 17cr5am 5' -
L't d-C VN 1? 133
6. School Name & Address (street, city, state, zip code)
Dick nsm College
P.O. Box 1773
Carlisle, PA 17013-2896
3. Date of Birth
---u --I 5s
4. Area Code/Telephone Number
(I t2) 2y0 -3'Boc
5. Driver's License Number (Ust state abbreviation first)
PA :2? qbs '501
7. Borrower Status ) B. Interest
son-arse«yraew ?Leamanheru? 1 5%
9. Loan Amount:
$1000.00
TERMS AND CONDMONS'
10. Loan Period
1996-97
[Any bnckated clause or paragraph mey be Included a opdorr of bentutlon)
APPLICABLE LAW - The team of this note and any disbursements nude under this rote shall be interpreted in accordance with Part E of Tide IV of the Higher
Education Act of 1965, as amended (hereinafter called the Act), as well a Federal regulations issued under the Act. All sun, advanced under this note are subject in the
Act and Federal regulations Issued under the Act.
REPAYMENT - I am obligated to repay the principal and the interest that acsrun on it to the above-named institution (hereinafter called the school) over a period
beginning 9 months (of sooner if I am a less than a half-time borrower) after the data I wade to be at least a half-time student at an Institution of higher education or a
comparable school outside the United Sates approved by the United States Secretary of Education (hereinafter caged the Secretary) and ending 10 years later, unless I
request in writing that my repayment period begin sooner. I understand that the school will report the amount of my installment payments, along with the amount of this
ban to a national credit bureau. Interest an this loan shall accrue from the beginning of the repayment period. My repayment period may be shorter than 10 years if I am
required by my school to make minimum monthly payments. Upon my written request my repayment period may be extended during periods of deferment, hardship, or
forbearsnce and I may make graduated installments in accordance with a schedule approved by the Secretary. I will nuke my hutment payments In equal monthly,
bimonthly w quarterly Installments as determined by the school. The school may round my Insalbrom payment to the next highest multiple of $5. (I will make a
minimum monthly repayment of $40 (or $30 if I have outstanding Federal Perkins low made before October 1, 1992 that included the $30 minimum payment option)
In accordance with the Mlrtimum Monthly Payment Section of the Terris and Conditions contained on the reverse side of this doc tment.)
LATE CHARGES - The school will impose ate charges if I do not make a scheduled payment when due or if I fail to submit to the school on or before the due date of
the payment, a properly documented written request that 1 qualify for any of the forbearance, deferment or cancellation benefits as described below. No lae changes may
exceed 20% of my monthly. bimonthly or quarterly payment. The school may add the ate charges to principal the day after the scheduled repayment was due or include
It with the next scheduled repayment after 1 have received notice of the charge, and such notice is sent before the next installment is due.
REQUESTS FOR DEFERMENT. CANCELLATION OR FORBEARANCE - To receive deferent, cancellation, or forbearance benefits, I most make a written request
to the school and most submit to the school any documentation the school requires to prove my eligibility for these benefits. I w responsible for submitting the
appropriate requests on time, and 1 may lose my benefits If I fail to file my request an time.
DEFAULT - If I fail to nuke a scheduled payment when due; if I fail to submit to the school, on or before the due date of a scheduled payment, documentation that I
qualify for a deferment, cancellation, w forbearance; or if I fag in comply with the tern, and conditions of this promissory note or written repayment agreement, the
school may, a its option, declare my loan to be in default and may accelerate my loan (demand immediate payment of the entire unpaid balance of the loan, including
principal, interest, law charges, and collection costs). The school, and the Secretary, if my loan is assigned to the Secretary for collection, shag disclose to credit bureau
organizations that 1 have defaulted and all other relevant loan information. I will lose my right to defer payments and my right to forbearance if I default on my law. I
will lox my right to receive cancellation benefits for service that is performed after the date the school accelerated the loan. I will be Ineligible for any further federal
student financial assistance authorised under the Act until I make arrangements that we satisfactory to the school or the $eaegry to repay my loan.
CHANGE OF STATUS - I wig inform the school of any change-in my name, address, telephone number, Social Security number, or drivers It== number.
ASSIGNMENT - This note may be assigned by the school only to the United States. The provisions of this note that relate to the school shall where appropriate relate to
the assignee.
PROMISE TO PAY: I promise to pay the school, or a subsequent holder of the Promissory Nate, the sum of amount(s) advanced to me under the terms of this Note, plus
interest and other fees which may become due as provided in this Note. I promise to pay all reasonable collection cwu, including atomey fen and other charges,
necessary for the collection of any amount not paid when due. I will raw sign this Note before reading it. including the provisions on the reverse side. This loan has been
made to me without security or endorsement. My signature certifies I have read, understand, and agate to the tents and conditions of this Promissory Now. THIS IS A
LOAN(S) THAT MUST BE REPAID
to/.? q- sir
Borrower's Signature Date.
Terms and Conditions (contj
HARDSHIP REPAYMENT OPTIONS - Upon my written request, if I
qualify as a low-income individual during the repayment period. the school
may extend the repayment period for up to an additional ten (10) years and
may adjust any repayment schedule to reflect my income. Upon my written
request, the school may extend the repayment period if. in its opinion,
prolonged illness or unemployment prevent me from making the scheduled
repayments during which time interest will continue to accrue. The school
may permit me to pay less than the minimum monthly repayment rate for a
period of not more than one year at a time if I experience a period of
prolonged illness ex unemployment except such action may not extend the
repayment period beyond 10 years.
GRACE PERIODS - My initial grace period before beginning repayment is 9
months. If I am a Less-Than-Half-Time Borrower with outstanding Federal
Perkins Loans, my repayment begins when the next scheduled installment of
my outstanding loan is due. If I am a Less-Than-Hair-Time Borrower with no
outstanding Federal Perkins Loans, my repayment begins the earlier of. 9
months from the date my loan was made, or 9 months from the date I became
less than a half-time student, even if I received the loan after I became a less
than half-time student. My payments will resume after a poet-deferment grace
period of 6 months that follows deferments that apply to Federal Perkins
l oars.
PREPAYMENT - I may prepay all or any part of my unpaid loan balance,
plus any accrued interest, at any time without penalty. Amounts I repay in the
academic year in which the loan was made and before the initial grace period
has ended will be used to reduce the amount of the loan and will not be
considered a prepayment. 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 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 install-
ment the excess will be used to repay principal unless I designate it as an
advance payment of the next regular installment
MINIMUM MONTH IX PAYMENT - I win make a minimum monthly
repayment of $40 (or $30 if I have outstanding Federal Perkins loans made
before October 1. 1992 that included to $30 minimum payment option) if
required by the school. If the total monthly repayment rate on this loan and
any outstanding Federal Perkins loans I may have is less than the minimum
trortthly repayment rate established by the school. the school may still require
a minimum monthly repayment rate. A minimum monthly repayment
amount will combine my obligation on this and all my outstanding Federal
Perkins kxins, including those made at other schools. The portion of the
minimum monthly payment that will be applied to this loan will be the
difference between the minimum monthly payment and the total amounts
owed at a monthly rate on my otter Federal Perkins buss. If each school
holding my outstanding Federal Perkins loans vmrctsa the minimum monthly
payment option, the minimum monthly repayment will be divided among the
arhoois in proportion to the amount of principal advanced by each school.
FORBEARANCE - Upon making a properly documented written request to
the school, I am entitled to forbearance of principal and interest or principal
only, renewable at intervals up to 12 months for periods that collectively do
not exceed twee years, under the following conditions: If my monthly Title N
loan debt burden equals or exceeds 20% of my total monthly gross income; if
the Secretary authorizes a period of forbearance due to a national military
mobilization cr other stoical emergency; or if the school determines that I
qualify due to poor health or for other reasons, including service in
AmedCaps. Interest accrue during any period of forbearance.
DEFERMENTS - Upon making a properly documented written request to
the school, I may defer making scheduled installment payments and Will not
be liable for any interest that might otherwise accrue 1) during any period that
I am: enrolled and attending a a regular student in at least a half-time course
of study at an eligible school; enrolled and attending as a regular student a
graduate fellowship program approved by the Secretary; engagerd in graduate
or past-graduate fellowship-supported study outside the US; enrolled and
attending a rehabilitation training program for disabled individuals approved
by the Secretary; engaged in public service that qualifies me to have par or all
of my loan canceled; 2) for a period not to exceed three years during which I
am seeking but unable to hind full-time employment 3) for a period not to
exceed three yens during which I am experiencing an ecoriomc hardship as
determined by the school. I am not eligible for a deferent while serving in a
medial internship or residency program. I may continue to defer making
scheduled installment payments and will not be liable for any interest that
might otherwise acme for a six-month period immediately following the
expiration of any deferent period described in this paragraph.
CANCELLATIONS - Upon making a properly documented written request
to the school, I am entitled to have up to 100% of the original principal loan
amount of this loan canceled if I perform qualifying service in the area listed
in paragraphs A. B. C. D and E below. Qualifying Service must be performed
after I receive the loan.
A. Teaching • a full-time teacher in a public or other nonprofit elementary or
secondary school, that has been designated by the Secretary in accordance with
the provisions of section 465(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. • a full-
time special education teacher in a public or ntmpro0t elementary a
secondary school system. • a full-time teacher, in a public or other nonprofit
elementary or secondary school system, who teaches mathematics, science,
foreign languages, bilingual education, or any other field of expertise that is
detemdned by the State Department of Education to have a shortage of
qualified teachers in that State.
B. Early Intervention Services • a full-time qualified professional provider of
early intervention services in a public or other nonprofit program under public
supervision by a lead agency as authorized by section 672(2) of the Individuals
with Disabilities Education Act. Early Intervention Services are provided to
infants and toddlers with disabilities.
C. Law Enforcement or Corrections Officer • a full-tine law enforcement
officer for an eligible local, State, or Federal law enforcement agency; or • a
full-time corrections officer for an eligible local, State, or Federal correctom
agency.
D. Nurse or Medical Technician • a fug-time nurse providing health care
services; or • a full-time medial technician providing health care services.
E. Child or Family Service Agency • a hill-time employee of an eligible public
or private non-profit 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.
Cancellation Rates - For each completed year of service under paragraphs A,
B, C, D and E a portion of this loan will be canceled at the following rata:
• 15% of the Originral principal loan amount for each of the first and second
years; • 20% of the original principal loan amount for each of the third year
and fourth years; and • 30% of the original principal loan amount for the fifth
year
F. Head Star Cancellation - Upon making a properly documented written
request to the school, I am entitled to have up to 100% of the original
principal loan amount canceled for qualifying service performed after I receive
the loan as: • a full-time staff member in the educational component of a
Head Star program which is operated for a period comparable to a full school
year and which pays a salary comparable to an employee of the local educa-
tional agency.
Cancellation Rate - For each completed year of service under the Head Start
Cancellation provision, this loan will be canceled at the rate of 15% of the
original principal loan amount.
G. Military Cancellation - Upon making a properly documented written
request to the school, I am entitled to have up to 50% of the principal amount
of this loan canceled for qualifying service performed after I receive the loan
a: • 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 Stets Code.
Cancellation Rate - For each completed year of service under the Military
Cancellation provision. this loan will be canceled at the rate of 12 1/2% of the
original principal loan amount.
H. Volunteer Service Cancellation - Upon making a properly documented
written request to the school, I am entitled to have up to 70% of the original
principal loan amount of this loan canceled for qualifying service performed
after I received the loan a: • a volunteer under the Peace Corps Act; • a
volunteer under the Domestic Volunteer Service Act of 1973 (ACTION
programs).
Cancellation Rue - For each completed year of service under the Volunteer
Service Cancellation provision, a portion of this loan will be canceled at the
following rates:
• 15% of the original principal loan amount for each of the fbst and second
12-month periods of service; and • 20% of the original principal loan amount
for each of the dird and fourth 12-month periods of service.
1. Death and Disability Cancellation - In the event of my death, the school
will cancel the total amount owed on this loan. If I become permanently and
totally disabled after I receive this loan, the school will cancel the total amount
owed on this loan.
VERIFICATION
I, THOMAS MEYER, Assistant Treasurer of Dickinson College, acknowledge that I
have the authority to execute this Verification on behalf of Dickinson College and certify
that the foregoing Complaint is based upon information which has been gathered by my
counsel in the preparation of this lawsuit. The language of this Complaint is that of counsel
and not my own. I have read the document and to the extent that this Complaint is based
upon information which I have given to my counsel, it is true and correct and to the best of
my knowledge, information and belief. To the extent that the content of this Complaint is
that of counsel, I have relied upon counsel in making this Verification.
This statement and Verification are made subject to the penalties of 18 Pa. C.S. §
4904 relating to unsworn falsification to authorities, which provides that if I knowingly make
false averments, I may be subject to criminal penalties.
Dickinson College
CL--%
Thomas Meyer
Assistant Treasurer o ickinson College
y Dated: September 16, 2003
r
v C
?,.
,. .
?'4y1
SHERIFF'S RETURN - OUT OF COUNTY
CASE NO: 2003-04908 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
DICKINSON COLLEGE
VS
DREHER FREDERICK
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:
DREHER FREDERICK
but was unable to locate Him in his bailiwick. He therefore
deputized the sheriff of ALLEGHENY County, Pennsylvania, to
serve the within COMPLAINT & NOTICE
On October 15th , 2003 , this office was in receipt of the
attached return from ALLEGHENY
Sheriff's Costs:
Docketing 18.00
Out of County 9.00
Surcharge 10.00
Dep Allegheny Co 50.00
Notary 3.00
90.00
10/15/2003
MDW&O
Sworn and subscribed to before me
this 29,4 day of rp ?
,2./v3 A. D.
g°r Pr th ?
Prothonotary
7
So answer
R. Thomas Kline
Sheriff of Cumberland County
In The Court of Common Pleas of Cumberland County, Pennsylvania
Dickinson College
VS.
Frederick Dreher
No. 2003-4908 Civil
Now, 9/19/03 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do
hereby deputize the Sheriff of Allegheny County to execute this Writ, this
deputation being made at the request and risk of the Plaintiff.
Sheriff of Cumberland County, PA
Affidavit of Service
Now,
within
upon
at
by handing to
a
and made known to
,20 , at o'clock . M. served the
copy of the original
the contents thereof.
So answers,
Sheriff of County, PA
Sworn and subscribed before
me this _ day of 120
_
COSTS
SERVICE $
MILEAGE
AFFIDAVIT
M
3 PETER R. DEFAZIO
Sheri ll
PLAINTIFF: b?6/A)6C)A)
Ile Eq L
DEFT: hp- ej eL k Rt Vf (cam
DEFT.:
DEFT.:
GARNISHEE:
ADDRESS: ?R0A`
C vl /rV37i
MUNICIPALITY OR CITY WARD:
DATE: 20
ATTY'S PHONE:
DENNIS SKOSNIK
CASE#: 7,0195J - ,Rief Deputy
VS. EXPIRES:
J SUMMONS/PRAECIPE
J SEIZURE OR POSSESSION
J NOTICE AND COMPLAINT
J REVIVAL OR SCI FA
J INTERROGATORIES
J EXECUTION • LEVY OR GARNISHEE
:1 OTHER
ATTY: dVn&eLoVD C 6 - vu-caXy
ADDRESS:
INDICATE TYPE OF SERVICE: D PERSONAL D PERSON IN CHARGE D DEPUTIZE J MAIL D POSTED J OTHER D LEVY J SEIZED & STORED
NOW: 20 I, SHERIFF OF ALLEGHENY COUNTY, PA do hereby deputize the Sheriff of
County to execute this Writ and make return thereof according to law
NOTE: ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN - Any deputy sheriff levying upon or attaching any property under
within writ may leave same without a watchman, in custody of whomever is found in possession, after notifying person of levy or attachment, with out liability on
the part of such deputy herein for any loss, destruction or removal of any such property before sheriff's sale therof.
Seize, levy, advertise and sell all the personal property of the defendant on the premises located at:
MAKE MODEL MOTOR NUMBER SERIAL NUMBER LICENSE NUMBER
SHERIFF'S OFFICE USE ONLY
f hearty CERTIFY and RETU N/ allon they of ?, 20 ?, at
?`V Z> o'clock, A.M Address Abo el Address Below, County of Allegheny, Pennsylvania
I have served in the manner Described below:
Defendant(s) personally served.
Adult family member with whom said Defendant(s) reside(s). Name & Relationship
:1 Adult in charge of Defendant's residence who refused to give name or relationship.
7 Manager/other person authorized to accept deliveries of United States Mail
J Agent or person in charge of Defendant(s) office or usual place of business.
Other
O Property Posted
, „ Pendant not foam because !1Woved 7 Unknown J No Answer 0 Vacant 0 Other U
Certified Mail J Receipt , J Envelope Returned J Neither receipt? //?? Anve?I a retuned: writ expired
J Regular Mail Why
Notary ALLEGHENY COUNTY SHERIFF'S DEPARTMENT
You are hereby notified that on levy was made in the case of
Possession/Sale has been set for , 20 at o'clock
YOU MUST CALL DEPUTY ON THE MORNING OF SALEIPOSSESSION BETWEEN 8:30 - 9:30 A.M.
ATTEMPTS
Additional Costs Due $ This is PETER R.`gEfl?'Sheriff
placed on writ when returned to Prothonotary. 7aaec Tc ia B `before sate? C ase. 0''RB l Seal Ym9 K. ien, Notary PnbloePUrv>
Affirmed and subscribed btrT 9 ittsbur2UUJ ission RICT this d oT 0 ;,,-, Y: rxr?.'es
?? - White Copy - Sheriff Pink Copy - Attorney
436 GRANT STREET
PITTSBURGH, PA 15219-2496 6f1319
PHONE (412) 350-4700
FAX (412) 350-6388
F:\FILES\DATA ILE\Dickinson College 7619\DickinsonCollegeCollectiom76190CUnent\I16.pral/nlm
Created. 8/24/04 0: 16PM
Revised: 8/26104 4.46PM
7619C.116
DICKINSON COLLEGE, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. NO. 03- 4908
CIVIL ACTION-LAW
FREDERICK DREHER,
Defendant JURY TRIAL OF TWELVE DEMANDED
PRAECIPE
Please reinstate the attached Complaint against Frederick Dreher, in the above-captioned
action and return same to the undersigned for service.
MARTSON
By _-C_2 V _
David R. Galloway,
I. D. Number 87326
Ten East High Street
Carlisle, PA 17013
(717) 243-3341
WILLIAMS & OTTO
Date: August 26, 2004 Attorneys for Plaintiff
C
s
rn
C
C)
SHERIFF'S RETURN - OUT OF COUNTY
CASE NO: 2003-04908 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
DICKINSON COLLEGE
VS
DREHER FREDERICK
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
DREHER FREDERICK
but was unable to locate Him
to wit:
in his bailiwick. He therefore
deputized the sheriff of ALLEGHENY
serve the within COMPLAINT & NOTICE
County, Pennsylvania, to
On October 20th , 2004 , this office was in receipt of the
attached return from ALLEGHENY
Sheriff's Costs:
Docketing 18.00
Out of County 9.00
Surcharge 10.00
Dep Allegheny Cc 100.00
Notary 3.00
140.00
10/20/2004
MDW&O
So answers-
R. 'Thomas Klinel`
Sheriff of Cumberland County
Sworn and subscribed to before me
?.u J
this /7 day of 0,1
-2" 01 A. D.
- cPP r wz.
Prothonotary
Service was attempted at both addresses in Allegheny County.
9 zz
In The Court of Common Pleas of Cumberland County, Pennsylvania
Dickinson College
VS. t/ `(
Frederick DreherI No.
0 -4908 civil
DNOW, September 3, 2004 I, SHERIFF OF CUMBERLAND COUNTY, PA, do
hereby deputize the Sheriff of Allegheny
County to execute this Writ, this
deputation being made at the request and risk of the Plaintiff.
Sheriff of Cumberland County, PA
Affidavit of Service
Now, 9-Pe t 5o , 20 °_, at o'clock * M. served the
within upon - - - --
at
/U!? Sorest e O -FTD?6
by handing to Z e -
AfJe S 9-??? , = zc / 9 'mod
a copy of the original
and made known to the contents thereof.
So answers,
// , '14,"
Sheriff of
COSTS
SERVICE _
MILEAGE _
AFFIDAVIT
-? County, PA
Sworn and subscribed before
me this day of 0r 1 0 6 IN'+
ALLEGHENY
P I
PETER R. DEFAZIO
PLAINTIFF:
MUNICIPALIT n CITY WARD:1 V
DATE: - V--) 20
ATTY'S PHONE:
ADDRESS:
INDICATE TYPE OF SERVICE J PERSONAL 7 PERSON IN CHARGE 7 DEPUTIZE J MAIL J POSTED J OTHER J LEVY J SEIZED &
NOW:
SEIZURE OR POSSESSION
DEFT.: J NOTICE AND COMPLAINT
DEFT.: J REVIVAL OR SCI FA
.{E J INTERROGATORIES
S J EXECUTION • LEVY OR GARNISHEE
rVv n n J OTHER
J Unknown J No Answer
J Envelope Returned
NOTE: ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN - Any deputy sheriff levying upon or attaching any property under
within writ may leave same without a watchman, in custody of whomever is found in possession, after notifying person of levy or attachment, with out liability on
the part of such deputy herein for any loss, destruction or removal of any such property before sheriff's sale therof.
Seize, levy, advertise and sell all the personal property of the defendant on the premises located at:
MAKE MODEL MOTOR NUMBER SERIAL NUMBER LICENSE NUMBER
SHERIFF'S (OFFICE USE ONLY
I hearby CERTIFY antrTIN that on the O 1 "? j1av of Jam - 20 V , at
oL o'clock, A.M./ .M. Address Above/ Address Below, County of Allegheny, Pennsylvania
I have served in the manner Described below:
J Defendant(s) personally served.
J Adult family member with whom said Defendant(s) reside(s). Name & Relationship
J Adult in charge of Defendant's residence who refused to give name or relationship.
J Manager/other person authorized to accept deliveries of United States Mail
J Agent or person in charge of Defendant(s) office or usual place of business.
J Other
J Certified Mail J R
J Regular Mail Why
J Neither receipt or envelope retuned: writ expired
COUNTY SHERIFF'S DEPARTMENT
436 GRANT STREET
PITTSBURGH, PA 15219-2496
350-4700
FAX PHONE (41(412) 2) 350-6388
DENNIS SKOSNIK
A? r/?i? Deputy
V CASE#: UJ-`T`1
( VS. EXPIRES:
J SUMMONS/PRAECIPE
20 I, SHERIFF OF ALLEGHENY COUNTY, PA do hereby deputize the Sheriff of
County to execute this Writ and make return thereof according to law
You are hereby notified that on _
Possession/Sale has been set for
ATTEMPTS
, levy was made in the case of
20 at o'clock
YOU MUST CALL DEPUTY ON THE MORNING OF SALEIPOSSESSION BETWEEN 8:30 - 9:30 A.M.
Additional Costs Due S
placed on writ when returned to Prothonotary.
before satisfying case.
Affirmed and subscribe q haf*ff p e2 1, CO
..:? l1Jll ?I VU TTII
This is
Please check
PETE . D ZIO, Sheriff `? (p?
BY: v? <J
mePUrY)
DISTRICT:
Copy - Sheriff Pink Copy - Attorney
J Vacant J Other
?o?,?t? of t?um?ert??d
R. THOMAS KLINE
Shari".
EDWARD L. SCHORPP
Solicitor
OFFICE OF THE SHERIFF
One Courthouse Square
Carlisle, Pennsylvania 17013
Please mail return of service to Cumberland County Sheriff
TO: Hon. Peter DeFazio RE: Dickinson College
Allegheny County Sheriff VS
Frederick Dreher
03-4908 civil
Dear Sheriff:
Enclosed please find Notice and Complaint, reinstated
to be served upon 604 Pressley Street #1
Pittsburgh, PA 15212
ORZ1 Atih
327 Dersam Street
McKeesport, PA 15133.
**If there is a extra charge for attempting service at the second address,
in your County.
Kindly make service thereof and send us your return of service.
Very tru/l?y yours,
R. Thomas Kline, Sheriff
Cumberland County, Pennsylvania
RONNY R. ANDERSON
Chief Deputy
JODY S. SMITH
Real Estate Deputy
Thank you.
that is no problem.
Enclosures:
F\FILPSVDATAPILEVDieki?onCollegel619ACollec6oa,ACunentA116Apra /lde
Created 0@0/04 0 16PM
Revised 1/9/06 1133AM
7619C116
Christopher E. Rice, Esquire
MARTSON DEARDORFF WILLIAMS & OTTO
I.D. 90916
10 East High Street
Carlisle, PA 17013
(717) 243-3341
Attorneys for Plaintiff
DICKINSON COLLEGE, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. NO. 03- 4908
CIVIL ACTION-LAW
FREDERICK DREHER,
Defendant JURY TRIAL OF TWELVE DEMANDED
PRAECIPE
Please reinstate the Complaint against Frederick Dreher, in the above-captioned action and return
same to the undersigned for service.
MARTSON DEARDORFF WILLIAMS & OTTO
By i - S 'ez-
Christopher E. Rice, Esquire
Ten East High Street
Carlisle, PA 17013
(717) 243-3341
Date: January 9, 2006 Attorneys for Plaintiff
= ?,
t
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? ,
n
_,
.? -?--
<.;., .?
Curtis R. Long
Prothonotary
Office of the Protbonotarp
Cumberfanb C2ountp
Renee K. Simpson
Deputy Prothonotary
John E. Slike
Solicitor
0_ -.41 CVIL TERM
ORDER OF TERMINATION OF COURT CASES
AND NOW THIS 28TH DAY OF OCTOBER, 2009, AFTER MAILING NOTICE OF
INTENTION TO PROCEED AND RECEIVING NO RESPONSE - THE ABOVE
CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH PA
R C P 230.2.
BY THE COURT,
CURTIS R. LONG
PROTHONOTARY
One Courthouse Square 0 Carlisle, Pennsylvania 17013 • (717) 240-6195 • Fax (717) 240-6573