HomeMy WebLinkAbout03-4912DICKINSON COLLEGE,
Plaintiff
V.
JOSEPH J. WINNAY
and JONATHONN. ]NAY
Defendants
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 0_3 -
CW1L 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
avl R. Gailow.
I.D. No. 87326
Ten East High Street
Carlisle, PA 17013
(717) 243-3341
Attomeys for Plaintiff
OTTO
DICKINSON COLLEGE,
Plaintiff
JOSEPH J. WINNAY
and JONATHON N. WINNAY
Defendants
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 03. c/qt~ ~ T"J.~
CIVIL ACTION-LAW
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:
1. Plaintiff Dickinson College is a Pennsylvania educational institution and nonprofit
corporation with its principle place of business at West Street, Post Office Box 1773, Carlisle,
Cumberland County, Pennsylvania 17013.
2. Defendant, Joseph J. Winnay, (hereinat~ter '~Parent"), is an adult individual residing at the
last known address of 3894 River Road, Solebury, Bucks County, Pennsylvania, 18963.
3. Defendant, Jonathon N. Winnay, (here'maf~er "Student'), is an adult individual with a last
known address of 1901 Woodbury Drive, Ann Arbor, Washtenaw County, Michigan, 48104.
4. On or about February 11, 1993, Parent and Student entered into a PromissoryNote (Note
gl) with Plaintiff for the financing of $7,000.00, plus interest, for educational services and benefits to
Student at Plaintiff's institution. A copy of Note gl is attached hereto as Exhibit "A."
5. On or about July28, 1993, Parent and Student entered into an additional PromissoryNote
(Note #2) with Plaintiff for the financing of $10,000.00, 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. The collective principal balance for Note gl and Note #2 is $17,000.00.
7. Note gl and Note #2 grant Plaintiff reasonable collection and attorneys' fees which
Plaintiff has calculated to be $2,550.00.
8. As of July 18, 2003, the principal and interest due and payable by Parent and Student to
Plaintiff was $15,716.14, plus imerest in the amount of $1.69 per day from July 18, 2003.
9. Parent and Student stopped making monthly payments on Note gl, and Note #2 on or
about March 3, 2000.
10. As ofJuly 18, 2003, the outstanding balance of$15,716.14 represents the total and actual
overdue value of the financing provided to Parents and Student under Note # 1 and Note #2 for which they
have yet to pay.
11. Plaintiff fulfilled, performed and comphed with all obligations and conditions of Note
gl and Note #2.
COUNT I
BREACH OF CONTRACT
Dickinson College v. Joseph J. Winnay & Jonathon N. Winnay
12. Plaintiff hereby incorporates by reference the averments contained in Paragraphs 1
through 11 of this Complaint.
13. Parent and Student breached the expressed and implied obligations, conditions and terms
of agreement of Note gl and Note #2 by faihng to pay the mounts financed therein.
WHEREFORE, Plaintiffdemands judgment against Defendants, Joseph J. Winnay, and Jonathon
N. Winnay, in the amount of $15,716.14, plus interest in the amount orS 1.69 per day fi.om July 18, 2003,
collection and attorneys' fees in the anmunt of $2,550.00 and costs of suit.
COUNT H
IN QUANTUM MERUIT
Dickinson College v. Jonathon N. Winnay
14. Plaintiff hereby incorporates by reference the averments contained in Paragraphs 1
through 13 of this Complaint.
15. Having requested Plaintiffto 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. The total amount by which Student has become enriched is $15,7 l 6.14, plus interest in
the amount of $1.69 per day from July 18, 2003.
WHEREFORE, Plaintiff demands judgment against Defendant, Jonathon N. Winnay, in the
mount of $15,716.14, plus interest in the amount of $1.69 per day from July 18, 2003, collection and
attorneys' fees in the amount of $2,550.00 and costs of suit.
Date: September 16, 2003
MARTSON DEARDOR~F ~/~IAMS & OTTO
I.D. No. 87326
Ten East High Street
Carlisle, PA 17013-3093
(717) 243-3341
Attomeys for Plaintiff
DICKINSON COLLEOE FLEXIBLE FINANCINO SYSTEM - PLAN B
EDUC~TIOi~I~ ~ ~ ~F~I~E~ ~TA~L INSTALLM~.NT CONTRACT
Date February 11. 1993
Seller:
Buyer(s):
Dickinson College, Carlisle, Pennsylvania 17013-2896
Joseph J. Winnay
17 S. Longpoint Lane
Rose Valley, PA 19065
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 J0nath0n N. Winna¥
(hereinafter "Student") during his/her enrollment at Dickinson college during the lgqg-q~
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 ~D PAYMENT SCHEDULE
Disclosures Re~ired by Federal Law
ANNUAL PERCENTAGE
RATE:*
Cost of credit as
yearly rate
FIN~CE C~RGE:
Dollar amount
credit will
cost Buyer
7.50 % $ 3,079.96
MOUNT FINANCED:
~nount of credit
provided by
Dickinson College
7,000.00
TOT~ OF PAY~NTS:
Amount paid by
Buyer as total of
all scheduled
pa~nents
$ 10,079.96
TOT~ S~E
PRICE:
Total cost Of
purchase on
credit, in-
cluding down
pal~ment of
$ 14,360.00
$ 21,360.00
Rev 2/92
Buyer's payment schedule will be aa follows:
Number of Payments
136
Amount of Payments
$81.29
When Payments are Due
Monthly commencing 2/28/93
until 5/28/03
*Variable 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 Well
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 $ 7000.00 at 7.50 % per annum
for 136 months, and the prime rate plus 1% were increased to 8.50 %,
your regular monthly payments would increase to $ RK.Ol Further,
the ANNUAL PERCENTAGE RATE will not increase to more than 1~% or such
other rate as may be permitted under the Pennsylvania Goods and Services
Installment Sales Act.
Late Charge:
Prepayment:
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 REPAYMENT BEFOP~ THE SCHEDULED DATE FOR REPAYMENT OF THE AMOUNT FINANCED.
III. ITEMIZATION OF AMOUNT FINANCED
1. Cash price of Goods and Services: $ 21,360.00
2. Total down payment: 14,360.00
3. Unpaid balance of cash price (1 - 2): 7~000.00
4. Amount paid to others on Buyer's behalf: 0
5. Amount Financed (3 + 4): $ 7,000.00
IV. CREDIT 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 IN CONNECTION
WITH SALE OF THE GOODS AND SERVICES COVERED BY THIS CONTRACT UNLESS BUYER HAS BEEN GIVEN
A SEPARATE WRITTEN 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
date of each month as the first payment date. Payments must be made to First
Wachovia, Inc. at the following address:
First Wachovia, Inc.
P.O. Box 70095
Charlotte, NC 28272-0095
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) failure to make any payment on or before the date it is due,
(b) failure to make a payment on any other Contract outstanding with Seller,
(c) failure to perform any other provision of the Contract,
(d) providing Seller with false information or signatures,
(e) death, incompetence, or conviction of any Buyer Of crime involving fraud
or dishonesty,
(f) 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 as
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 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. Ail 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.
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 Contract, which shall
otherwise remain fully effective.
APPLICABLE LAW: This Agreement, whenever called upon to be construed, shall be
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 parties to this Agreement
coneen~ ~n~ ~&j~eethat al~ ~e~a~ proceedings ~ela~in~ to the subject matter
hereof shall be maintained in the Court of Common Pleas of Cumberland Count-f,
Pennsylvania, or, if applicable, the United States District Court of the Middle
District of Pennsylvania, and all parties hereto consent 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 THE 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 PARTIAL 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. ~
BUYER ( S ): .
AGREE TO REPAY ALL AMOUNTS DUE ON THIS LOAN IF THE BORROWER(S)/BUYER(S) FAILS
TO DO SO IN ACCORDANCE WITH THE TERMS OF THE NOTE:
STUDENT COSIGNER
CRIPT OF A STUDENT' S ~ECORD WILL NOT BE RELEASED
IF LOAN PAYMENTS TO THE COLLEGE A~ IN AR~ARS OR
DEFAULT.
DATE:
DICKINSON COLLEGE
4
DICKINSON COLLEGE FLEXIBLE FIN;~NCING SYSTEM - PLAN B
ED~TI~ GOOD~ ~ 8F~¥~CES RETAIL INST~J~ENT CONTP~CT
Date July 28, 1993
Seller:
Buyer(s)~
Dickinson College, Carlisle, Pennsylvania 17013-2896
Joseph J. Winnay
17 S. Longpoint Lane
Movlan, PA 19065
If there is more than one Buyer, each of you will be obligated, jointly and severally,
for ail 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 ,]0nathn, N.,Wigna¥
(hereinafter "Student") during his/her enrollment at Dlck~nsSn College during the J99~-g~
academic year, including tuition, room and board, books and supplies es 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 C~RGE:
Dollar amount
credit will
cost Buyer
7.00 % $ 3,790.08
AMOUNT FINANCED:
Amount of credit
provided by
Dickinson College
$ 10,000.00
TOTAL OF PAYMENTS:
Amount paid by
Buyer as total of
all scheduled
payments
$ 13,790.08
TOT~ SALE
PRICE:
Total cost of
purchase on
credit, in-
cluding down
pa~ent of
$ 12,590.00
$ 22,590.00
Rev 2/92
Buyer's payment schedule will be as follows:
Number of Payments
116
Amount of Payments
$118.88
When Payments are Due
Monthly commencing 9/28/93
until 5/28/04
*Variable 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 i 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 $ 10 0~ ~ at 7.~ % per annum
for 116 months, and the prime rate plus 1% were increased to 8.00 %,
your regular monthly payments would increase to $17& ~ Further,
the ANNUAL PERCENTAGE RATE will not increase to more~,,an 1~% or such
other rate as may be permitted under the Pennsylvania Goods and Services
Installment Sales Act.
Late Charge:
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.
Prepayment:
Buyer may prepay the unpaid balance of the Amount Financed and any
FINANCE CF~2RGB 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 REPAYMENT BEFORE THE SCMEDULED DATE FOR ~PAYMENT OF THE AMOUNT FINANCED.
III. ITEMIZATION OF AMOUNT FINANCED
1. Cash price of Goods and Services: $ 22.590.00
2. Total down payment: I~Q~ ~
3. Unpaid balance of cash price (1 ~ 2): 10,000.00
4. Amount paid to others on Buyer's behalf: 0
5. Amount Financed (3 + 4): $ 10,000.00
IV.'CREDiT INSURANCE
Credit- ~i~ i/%~uza~ce fo~ the term of this Contract is not required.
V. NO WARRANTIES
THERE ARE NO WARRANTIES, EITHER EXPRESSED OR IMPLIED, GIVEN BY SELLER IN CONNECTION
WITH SALE OF THE GOODS AND SERVICES COVERED BY THIS CONTRACT UNLESS BUYER HAS BEEN GIVEN
A SEPARATE WRITTEN WARRANTY.
VI. ~)DITIONAL 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
date of each month as the first payment date. Payments must be made to First
Wachovia, Inc. at the following address:
First Wachovia, Inc.
P.O. Box 70095
Charlotte, NC 28272-0095
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 com&nitted an "Event of Default" of the Contract
upon the occurrence of any of the following:
(a)
(c)
(d)
(e)
(f)
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 as
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 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 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.
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 Contract, which shall
otherwise remain fully effective.
APPLICABLE LAW: This Agreement, whenever called upon to be construed, shall be
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 ~SERVI~E: The parties to this Agreement
consent and agree that all legal proceedings relating to the subject matter
hereo~ she~b~{n~%~ in theC~u~t o£ C~ P~eam of Cumberland Coun~
Pennsylvania, or, if applicable, the United States District Court of the Middle
District of Pennsylvania, and all parties hereto consent 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 THE 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 PARTIAL REFUND OF THE FINANCE
CHARGE.
I AGREE TO REPAY ALL AMOUNTS DUE ON THIS LOAN IF THE BORROWER(S)/BUYER(S) FAILS
TO DO SO IN ACCORDANCE WITH T~E TEP. MS OF THE NOTE:
IF LOAN PAYMENTS TO THE COLLEGE ~ IN A~ANS OR
DEFAULT.
DATE:
DICKINSON COLLEGE
EY
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 unswom falsification to authorities, which provides that if I knowingly make
false averments, I may be subject to criminal penalties.
DaSd: September 16, 2003
Dickinson College
Thomas Meyer
Assistant Treasurer of Dickinson College
DICKINSON COLLEGE,
Plaintiff
JOSEPH J. WINNAY
and JONATHON N. W1NNAY
Defendants
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 03-4912
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 Jonathan N. Wirmay on
September 18, 2003, by certified mail, restricted delivery, return receipt requested.
Attached is the Post Office return receipt signed and dated September 24, 2003, and a copy
of the receipt showing the cost of service was $8.38.
MARTSON DEARDOR ~WILLIAMS &
By~'~
David R. Galloway, Es, '
I.D. No. 87326
Ten East High Street
Carlisle, PA 17013~3093
(717) 243 -3341
OTTO
Date: October 1, 2003 Attorneys for Plaintiff
Postage
FU Certified Fee
Retum Receipt Fee
D (Endorsement Required)
~-~ Street, Apt. No.;
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:
Jonathan N. Winnay
1901 Woodbury Drive
Ann Arbor, MI 48104
MARTSON DEARDORFF WILLIAMS & OTTO
By~/~(~ ~
Marti Iben
Ten East High Street
Carlisle, PA 17013
(717) 243-3341
Dated: October 1, 2003
SHERIFF'S RETURN -
CASE NO: 2003-04912 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
DICKINSON COLLEGE
VS
WINNAY JOSEPH J ET AL
OUT OF COUNTY
R. Thomas Kline
duly sworn according to law,
and inquiry for the within named DEFENDANT
WINNAY JOSEPH J
but was unable to locate Him
deputized the sheriff of BUCKS
, Sheriff or Deputy Sheriff who being
says, that he made a diligent search and
to wit:
in his bailiwick.
County,
serve the within COMPLAINT & NOTICE
He therefore
Pennsylvania, to
On October 24th , 2003
attached return from BUCKS
Sheriff's Costs:
Docketing 18.00
Out of County 9.00
Surcharge 10.00
Dep Bucks Co 48.00
.00
85.00
10/24/2003
MDW&O
Sworn and subscribed to before me
this ~ day of ~
A.D.
Prothonotary~
this office was in receipt of the
So answer~ j ~f~/~ ~
Sheriff of Cumberland County
SHERIFF'S RETURN
CASE NO: 2003-04912 P
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
DICKINSON COLLEGE
VS.
WINNAY JOSEPH J ET AL
CERTIFIED MAIL
R. Thomas Kline , Sheriff of Cumberland
County, Pennsylvania, who being duly sworn according to law served the
within named DEFENDAiqT ,WINNAY JONATHON N ,
by United States Certified Mail postage
prepaid, on the 19th day of September,2003 at 0000:00 HOURS, at
1901 WOODBURY DRIVE
ANN ARBOR, MI 18963 , a true
and attested copy of the attached COMPLAINT & NOTICE Together
with ,
The returned
receipt card was signed by JONATHAN WINNAY
09/25/2003
Additional Comments:
on
Sheriff's Costs:
Docketing 6.00
Cert Mail 4.42
Affidavit .00
Surcharge 10.00
.00
20.42
Paid by MDW&O
Sworn a~nd subscribed to before me
this D'~ day of
~P~othonotary
So answer~%~.~.~ ~r-~ ~>~
Sheriff of Cumberland County
on 10/24/2003
BUCKS COUNTY/of/
SHERIFF'S RETURN
eucka Cas. # 033:~4,, ..c'd ~D;O~_~
,Special Instructions
Action CTVTI, AC, TTC)N -C, OHPI,ATNT
Plaintiff DICKINSON COLLEGE
L.nd.n, OSEP
~'qA RTV~P' RrnA6
SOLEBUR~, PA 18963
Add, ess ~erved if Different
under PO.R.C.P. #402
(i) Defendant personally served
~A) f2) ii) Family Member
J) (2) (i) Adult in Charge of Res/denos
{A) {2) {ii) Manager/Clerk at Delta. Lodging
4A) f2) (iii) Perso_,~n in Ch~4'g9 of Business
~,anaing to O os e.y# ,~
, By Posting
30 Days Ran Out
Defendam Moved
D~f; Unknown
· Checked Post Office
,, . Forwarding Address
Defendant Not Home
Address Vacant
· Dap. Needs Better Add,
No Forwarding
The II~ documen~e~-'~ :~: _:~ on the
~l~ ~ ~r informatio~ve in the County
Sh~ Su~s Co~
~m~lubscrJ~d ~re me on this day
Affirmed end Iubscribed before me on this day
_._/...,/__
County Case # ~~
~"~*~~ County Sheriff's Office
OK
0~FICI~ ~E~IPT
~C~IPT # 200~ I I1682
T~GACTI0fl # $~ 2003 32242
FOR CU~) O0 S
09/24/200.3 12:15 P-~/~/2005
FC #004~2 48,00
TOTAL PAID 48,00
TOTAL COST 4:..].00
CHC~6E O, O0
THAIS< YOU
SHERIFF'S RETURN -
CASE NO: 2003-05348 P
COMMON-WEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
CUGINI PATRICIA ET AL
VS
HARMON RICHARD C
REGULAR
JASON VIOHAL , Sheriff or Deputy Sheriff of
Cumberland County, Pennsylvania, who being duly sworn according
says, the within WRIT OF SUMMONS
HARMON RICHARD C
DEFENDANT , at 2059:00 HOURS,
at 16 MARY AVENUE
MECHANICSBURG, PA 17055
PHYLLIS HARMON, WIFE
a true and attested copy of WRIT OF SUMMONS
to law,
was served upon
the
on the 24th day of October , __
together with
by handing to
2003
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs:
Docketing 18.00
Service 4.14
Affidavit .00
Surcharge 10.00
.00
32.14
Sworn and Subscribed to before
me this day of
A.D.
Prothonotary
So Answers:
R. Thomas Kline
10/27/2003
PATRICK LAUER JR
Deputy Sheriff
DICKINSON COLLEGE,
Plaintiff
JOSEPH J. WINNAY
and JONATHON N. WINNAY
Defendants
1N THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 03-4912
CIVIL ACTION-LAW
JURY TRIAL OF TWELVE DEMANDED
PRAECIPE TO DISCONTINUE, SETTLE AND END
Plaintiff requests the above-captioned matter be marked discontinued, settled and ended
without prejudice.
MARTSON DEARDORFFxWILLIAMS & OTTO
y~~
B David R. Galloway, Esquire~
I.D. No. 87326~
Ten East High Street
Carlisle, PA 17013-3093
(717) 243-3341
Date: November 5, 2003 Attorneys for Plaintiff