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HomeMy WebLinkAbout03-4914DICKINSON COLLEGE, Plaintiff MARVIN T. & JULITA Q. DELA : CUESTA & JOEL DELA CUESTA : Defendants : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW JURY TRIAL OF TWELVE DEMANDED NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiffs. You may lose money or property or other fights 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 ~N DEARDO~I~F g/IL~IAMS & OTTO David R. Galloway, ~sqmm--- / I.D. No. 87326 / Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff Date: September 16, 2003 DICKINSON COLLEGE, Plaintiff MARVIN T. & JULITA Q. DELA CUESTA & JOEL DELA CUESTA Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. O,,~ -- tffff CIVIL ACTION-LAW JURY TRIAL OF TWELVE DEMANDED COMPLAINT AND NOW, comes Plaintiff Dickinson College by and through its attomeys, MARTSON DEARDORFF WILLIAMS & OTTO, and hereby avers as follows: 1. Plaintiff Dickinson College is a Pennsylvania educational institution and nonprofit corporation with its principle place of business at West Street, Post Office Box 1773, Carlisle, Cumberland County, Pennsylvania 17013. Defendants, Marvin T. and Julita Q. dela Cuesta, (hereinafter "Parents"), are adult individuals residing as husband and wife with a last known address of I I 0 Larkspur Circle, Butler, Butler County, PA, 16002. 3. Defendant, Joel dela Cuesta, (hereinafter "Student"), is an adult individual with a last known address of 1730 Sample Road, Allison Park, Allegheny County, PA 15101. 4. On or about September 16, 1998, Parent, Marvin T. dela Cuesta, entered into a Promissory Note (Note #1) with Plaintiff for the financing of $4,000.00, plus interest, for educational services and benefits to Student at Plaintiffs institution. A copy of Note #1 is attached hereto as Exhibit 5. On or about June 1, 1999, Parents and Student entered into an additional Promissory Note (Note #2) with Plaintiff for the financing of $I 1,183.55, 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 #1 and Note #2 is $15,183.55. 7. Note #1 and Note #2 grant Plaintiff reasonable collection and attorneys' fees which Plaintiffhas calculated to be $2,277.53. 8. Parents and Student stopped making monthly payments on Note #1, and Note #2 on or about May 14, 2003. 10. Plaintiff fulfilled, performed and complied with all obligations and conditions of Note #1 and Note #2. COUNT I BREACH OF CONTRACT Dickinson College v. Marvin T. dela Cuesta and Joel dela Cuesta 12. Plaintiff hereby incorporates by reference the averments contained in Paragraphs 1 through 11 of this Complaint. 13. Parent, Marvin T. dela Cuesta, and Student breached the expressed and implied obligations, conditions and terms of agreement of Note #1 and Note #2 by failing to pay the mounts financed therein. 14. As of July 15, 2003, the principal and interest due and payable by Parent, Marvin T. dela Cuesta, and Student was $16,286.33, plus interest in the amount of $2.5:~ per day fi.om July 15, 2003. 15. As of July 15, 2003, the outstanding balance of$16,286.33 represents the total and actual overdue value of the financing provided to Parent, Marvin T. dela Cuesta, and Student under Note #1 and Note #2 for which they have yet to pay. WHEREFORE, Plaintiffdemands judgment against Defendants, Marvin T. dela Cuesta and Joel dela Cuesta, in the amount of $16,286.33, plus interest in the amount of $2.54 per day fi.om July 15, 2003, collection and attorneys' fees in the amount of $2,277.53 and costs of suit. COUNT II BREACH OF CONTRACT Dickinson College v. Julita O. dela Cuesta 16. Plaintiff hereby incorporates by reference the averments contained in Paragraphs 1 through 15 of this Complaint. 17. Parent, Julita Q. dela Cuesta, and Student breached the expressed and implied obligations, conditions and terms of agreement of Note # 1 and Note #2 by failing to pay the amounts financed therein. 18. As of July 15, 2003, the principal and interest due and payable by Parent, Julita Q. dela Cuesta, and Student was $12,461.53, plus interest in the amount of $1.52 per day fi.om July 15, 2003. 19. As of July 15, 2003, the outstanding balance of $12,461.53 represents the total and actual overdue value of the financing provided to Parent, Julita Q. dela Cuesta, and Student under Note #2 for which they have yet to pay. WHEREFORE, Plaintiff demands judgment against Defendant, Julita Q. Dela Cuesta and Joel dela Cuesta, in the amount of$12,461.53, plus interest in the amount of $1.52 per day fiom July 15, 2003, collection and attorneys' fees in the amount of $1,677.53 and costs of suit. COUNT HI IN QUANTUM MERUIT Dickinson College v. Joel dela Cuesta 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 accepfmg said money without paying Plaintiff reasonable compensation therefor. 17. The total amount by which Student has become enriched is $16,286.33, plus interest in the amount of $2.54 per day from July 15, 2003. WHEREFORE, Plaintiffdemands judgment against Defendant, Joel dela Cuesta, in the amount of$16,286.33, plus interest in the amount of $2.54 per day from July 15, 2003, collection and attorneys' fees in the amount of $2,277,53 and costs of suit. MARTSON DEARDORFFfi~flIfLIAMS & OTTO David R. Galloway / I.D. No. 87326 Ten East High Street f Carlisle, PA 17013-3093 (717) 243-3341 Attomeys for Plaintiff Date: September 16, 2003 DICKINSON COLLEGE FLEXIBLE FINANCING SYSTEM - PLAN A EDUCATIONAL GOODS AND SERVICES RETAIL INSTALLMENT CONTRACT September 16, 1998 Seller: Dickinson College, Carlisle, Pennsylvania 17013 Buyer(s): Quiamb~aao ~-M~in dela Cuesta 110 Larkspur Circle Butler, PA 16002 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 Joel delaCuesta (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 Prior to repay- ment: 11.00% 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 During repay-ment: 1 !.00% $3095.41 $4,000.00 $7095.41 Rev 2/92 TOTAL SALE PRICE: Total cost of purchase on credit including down payment of $24,630.00 $28,630.00 below th~ applicant(s) acknowledge(s) receiving written notice of rights under the Federal Equal Credit Opportunity Act. Number of Payments 44 72 Buyer's payment schedule will be as follows: delaCuesta Amount of Payments $36.67 $76.14 When Payments are Due monthly commencing 09/28/98, and continuing until 04/28/02 or such time as Student is no longer enrolled at Dickinson (or in an approved full-time off-campus program of studies), whichever is earlier. monthly commencing 05/28/02 or such time as Student is no longer enrolled at Dickinson (or in an approved full- time off-campus program of studies), whichever is earlier. 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 m~.y 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 BEFORE THE SCHEDULED DATE FOR REPAYMENT OF THE AMOUNT FINANCED. III. ITEMIZATION OF AMOUNT FINANCED 1. Cash price of Goods and Services: $ 28,630.00 2. Total down payment: 24,630.00 3. Unpaid balance of cash price (1 - 2): 4,000.00 4. Amount paid to others on Buyer's behalf: - 0 - 5. Amount Financed (3 + 4): $ 4,000.00 2 below the applicant(s) acknowlcdge(~) ret. airing written notice of right* under the Fcde~ Equal Credit Opportunity Act. 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 LE OF THE GOODS AND SERV1CES COVERED BY THIS CONTRACT UNLESS BUYER HAS BEEN GIVE N A SEPARATE ~ITTEN 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 am due on or before the same date of each month as the first payment date. Payments must be made to EFG Technologies, Inc. at the following address: EFG Technologies, Inc. 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 SeIlar 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, addressedto 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 necessmy 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 similarEvent ofDefaultoccurslater. AllSeller'srightsandremediesshallbe 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 obligate d to the Assignee of this Contract, which Assignee shall have all of Seller's rights 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 below the applicant(s) acknowledge(s) rer. eiving written notice of rights under the Federal Equal Credit OpportuniryAct. Xthe Commonwealth of Pennsylvania except to the extent supplemented, superseded or preempted by federal law. 10. 11. 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 consent and agree that jurisdiction and venue for such proceedings shall lie exclusively within said court. Service of process in any such proceedingmay be made by certified mail, return receipt requested, directed to the respective party at the address set forth above. This Contract shall be binding upon the parties hereto, their heirs, successors, assigns and legal representatives. TIME IS OF THE ESSENCE OF THIS CONTRACT. NOTICE: ANYHOLDEROFTHIS CONSUMERCREDITCONTRACTIS SUBJECTTOALLCLAIMSANDDEFENSESWHIC H THE DEBTOR COULD ASSERT AGAINST THE SELLER OF GOODS OR SERVICES OB'rAINED PURSUANT HERETO OR WITH THE PROCEEDS HEREOF. RECOVERYHEREUNDERBY 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) LFNDER 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. I 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 ~/_.~ (r~,,_. ,.~d~z/~ TRANSCRIPTS OF A STUDENT'S RECORD WILL NOT BE RELEASED IE LOAN PAYMENTS TO THE COLLEGE ARE IN ARREARS OR DEFAULT. )ATE: DICKINSON COLLEGE BY t below the applicant(s) acknowledge(s) receiving written notice of righ ~s under the Federal Equal Credit Opportunity Act. I DICKINSON COLLEGE FLEXIBLE FINANCING SYSTEM - PLAN B EDUCATIONAL GOODS AND SERVICES RETAIL INSTALLMENT CONTRACT June 1, 1999 Seller: Dickinson College, Carlisle, Pennsylvania 17013-2896 0,4 I' an, b~ Buyer(s): Jm~a & Marvin delaCuesta 110 Larkspur Circle Butler, PA 16002 If there is more than one Buyer, each of you will be obligated, jointly and severally, for all sums due and for th~ performance of all agreements as provided in this Contract. Under the terms 0f this Educational Goods and Services Retail Installment Contract, you have agreed to pay thc expenses incurred for goods and services to be provided and rendered, as the case may be, to Joel delaCuesta (hereinafte: "Student") during his/her enrollment at Dickinson College during the 1999 academic year, including tuition, room anc board, books and supplies as herein stated (hereinafter the "Goods and Services"). The Goods and Services shall include only tuition, room and board. II. TER/VlS 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 % $ 5,951.97 $11,183.55 Rev 2/92 $ 17, D5.52 $17,446.45 $ 28,630.00 delaCuesta Buyer's payment schedule will be as follows: NumberofPayme~s 116 Amount of Payments $147.72 When Payments are Due Monthly commencing 07/28/99 until 09/28/09 *Variable Rate: The ANNUAL PERCENTAGE RATE disclosed above is a varjal)le rate and may change. The ANNUAL PERCENTAGE RATE may increase during the term of this transaction if the prime rate of interes~ 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 $11,183.55 at 9.50% per annum for 116 months and the prime rate plus 1% were increased to I0.50%, your regular monthly payments would increase to $153.86. 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. Late 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. Prepayment: 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. SEE SECTION VI OF THE CONTRACT BELOW FOR ANY ADDITIONAL INFORMATION ABOUT NON- PAYMENT, DEFAULT AND REQUIRED REPAYMENT BEFORE THE SCHEDULED DATE FOR REPAYMENT 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 17,446.45 11,183.55 -0- 11,183.55 2 insurance for the term of this Contract is not required. V. NO WARRANTIES ' ,HERE ARE NO WARRANTIES, EITHER EXPRESSED OR IMPLIED, GIVEN BY SELLER IN CONNECTION WITH 2F THE GOODS AND SERVICES COVERED BY THIS CONTRACT UNLESS BUYER HAS BEEN GIVE N A SEPARATE ,TEN 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 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, addressedtu 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 otherrightor a similarEventofDefaultoccurslater. All Seller's rights and remedies shall be cumulative. Sellers exercise of one or more rights shall not cause Seller to lose any other rights. This Contractis freelyassignableby Seller. BuyeragreesthatuponreceivingnoticeoftheassignmentBuyershallbeobligated to the Assignee of this Contract, which Assignee shall have all of Seller's rights 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 below the~pplicant(])'acknowledge(s) tecelving wrinen nodce of rights under thc Federal Equal Credit Op~ortunlty Act. retract, 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 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 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. 1 I. TIME IS OF THE ESSENCE OF THIS CONTRACT. NOTICE: ANY HOLDER OF THIS CONSUMER CREDIT CONTRACT IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICI4 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. I AGREE TO REPAY ALL AMOUNTS DUE ON THIS LOAN IF THE BORROWER(S)/BUYER(S) FAILS TO DO SO 1N ACCORDANCE WITH THE TERMS OF THE NOTE: tRANSCRIPT OF A STUDENT'S RECORD WILL NOT BE RELEASED IF LOAN PAYMENTS TO THE COLLEGE ARE IN ~RREARS OR DEFAULT. 3ATE: DICKINSON COLLEGE lan B Loans 4 VERIFICATION I, THOMAS MEYER, Assistant Treasurer of Dickinson College, acknowledge that I have the authority to execute this Verification on behalf of Dickinson College and certify that the foregoing Complaint is based upon information which has been gathered by my counsel in the preparation of this lawsuit. The language of this Complaint is that of counsel and not my own. I have read the document and to the extent that this Complaint is based upon information which I have given to my counsel, it is true and correct and to the best of my knowledge, information and belief. To the extent that the content of this Complaint is that of counsel, I have relied upon counsel in making this Verification. This statement and Verification are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities, which provides that if I knowingly make false averments, I may be subject to criminal penalties. DaSd: September 16, 2003 Dickinson College Tho~J2--~ Assistant Treasurer of D~c-Ek'inson College SHERIFF'S RETURN - CASE NO: 2003-04914 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DICKINSON COLLEGE VS DELA MARVIN T 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: CUESTA MARVIN T but was unable to locate Him deputized the sheriff of BUTLER in his bailiwick. County, serve the within COMPLAINT & NOTICE He therefore Pennsylvania, to On November 13th , 2003 attached return from BUTLER Sheriff's Costs: Docketing Out of County Surcharge Dep Butler Co 18.00 9.00 10.00 48.00 .00 85.00 11/13/2003 MDW&O Sworn and subscribed to before me this /9~ ~ day of 200_% A.D. ~ ' Prothonotary t __ , this office was in receipt of the So answers R. Thomas Kline Sheriff of Cumberland County SHERIFF'S RETURN - CASE NO: 2003-04914 P COMMONWEALTH OF PENI~SYLVANIA: COUNTY OF CUMBERLAND DICKINSON COLLEGE VS DELA MARVIN T 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: CUESTA JULITA Q DELA but was unable to locate Her deputized the sheriff of BUTLER in his bailiwick. County, serve the within COMPLAINT & NOTICE He therefore Pennsylvania, to On November 13th , 2003 attached return from BUTLER Sheriff's Costs: Docketing Out of County Surcharge 6.00 .00 10.00 .00 .00 16.00 1 /13/2oo3 MDW&O Sworn and subscribed to before me this day of A.D. __ , this office was in receipt of the So ~.2 ~/ R! Thomas Kline Sheriff of Cumberland County Prothonotary SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2003-04914 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DICKINSON COLLEGE VS DELA MARVIN T ET AL R. Thomas Kline duly sworn according to law, and inquiry for the within named DEFENDANT CUESTA JOEL DELA but was unable to locate Him in his bailiwick. deputized the sheriff of ALLEGHENY 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 t3th 2003 , attached return from ALLEGHENY Sheriff's Costs: Docketing 6.00 Out of County 9.00 Surcharge 10.00 Dep Allegheny Co 50.00 Notary 3.00 78.00 11/13/2003 MDW&O Sworn and subscribed to before me this /g ~ day of ~w~_~ ~ A.D. Prothonotaryt this office was in receipt of the So ans~r~:/'~/ /~L.~ R. Thomas Kline Sheriff of Cumberland County In The Court of Common Pleas of Cumberland County, Pennsylvania Dickinson College VS. Marvin T. Dela Cuesta, et. al. Serve: Marvin T. Dela Cuesta No. 200~-~914 Civil Now, 9/19/03 hereby deputize the Sheriff of ' But 1 er deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA , I, SHERIFF OF CUMBERLAND COUNTY, PA, do · County to execute this Writ, this Now, within upon at by handing to a and made known to Affidavit of Service ,20 ,at o'clock copy of the original So answers, M. served the the contents thereof. Sworn and subscribed before me this __ day of ,20 Sheriff of County, PA COSTS SERVICE MILEAGE AFFIDAVIT In The Court of Common Pleas of Cumberland County, Pennsylvania Dickinson College. Marvin T. Dela Cuesta, et. al. Serve: Julita Q. Dela Cuesta No. 2003-4914 Civil Now, 9/19/03 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of B u t l o r County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA IqOW, within upon at by handing to a and made known to Affidavit of Service ,20 ,at copy of the original So answers, o'clock. M. served the the contents thereof. Sworn and subscribed before me this __ day of ,20 Sheriffof COSTS SERVICE MILEAGE AFFIDAVIT County, PA COMPLAINT IN CIVIL ACTION, NOTICE TO DEFEND, COUNTS & VERIFICATION REC'D 9/25/2003 ORIGIN CUMBERLAND CASE# 2003-4914 PLAINTIFF DICKINSON COLLEGE FILED: 09/17/03 LDTS: 10/17/03 DEFENDANT MARVIN T DELA CUESTA JULITA Q DELA CUESTA LINVILLE SERVE: MARVIN T DELA CUESTA 110 LARKSPUR CIRCLE BUTLER, PA 16002 PENN TWP 10-02-03 AT 11:00 AM DEPUTY JODI L. THOM PSON SERVED THE DEFENDANT MARVIN T DELA CUESTA PERSONALLY AT TH E PLACE OF BEING, SUTLER COUNTY SHERIFF'S OFFICE, 300 S. MAIN ST. BUTLER PA 16002.09-29-03 MAILED POST CARD. JULITA Q DELA CUESTA 110 LARKSPUR CIRCLE BUTLER, PA 16002 10-20-03 DEPUTYCHRIS LINVILLE RETURNED SERVICE NEI- DEFENDANT WAS TO COME TO OFFICE PER MARVIN, NEVER CAME 10-16-03 AT 2:30 PM DEPUTY CHRIS UNVILLE ATTEMPTED SERVICE, NA., 1 9-14-03 AT 1:34 PM DEPUTY UNVILLE ATTEMPTED SERVICE, NA. CHRIS L~NVILLE, DEPUTY SHERIFF JODI L. THOMPSON, DEPUTY SHERIFF SWORN TO AND SUBSCRIBED BEFORE ME N~TARY PUBLIC PROTHONOTARY OFFICIAL TITLE COMMISSION EXPIRES FIRST MONDAY IN JAN. ~ ATTORNEY Writ $ 9.00 DAVID R GALLOWAY, ESQ SurCharge $ TEN EAST HIGH ST Notary $ 9.00 CARLISLE, PA 17013 Service $ 5,00 717-243-3341 Copies $ NEI $ 5.00 Post $ CERT.MAIL $ Mileag_e $ 20.CO 09/25/03 IND: $ 75.00 0K#42229 CUMBERLAND COUNTY SHERIFF CUMBERLAND COUNTY Total $ 48.00 REFUND $ 27,00 CK # 7145 In The Court of Common Pleas of Cumberland County, Pennsylvania Dickinson Coll~ Marvin T. Dela Cuesta, et. al. Serve: Joel Dela Cuesta No.2003-4914 Civil Now, 9/19/03 hereby deputize the Sheriffof Allegheny deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA , I, SHERIFF OF CUMBERLAND COUNTY, PA, do County to execute this Writ, this Now~ within upon at by handing to a and made known to Affidavit of Service ,20 ,at o'clock copy of the original So answers, M. seryed the the contents thereof. Sworn and subscribed before me this __ day of ,20 Sheriff of County, PA COSTS SERVICE MILEAGE AFFIDAVIT ~TER R. DEFAZIO DEFT.: DEFT.: ISHEE: ADORESS: IS/O~ MUN~C~PAUTY o~ C~TY WARD: DATE: 20 A v's P oN : '7/7- ¢5 J ALLEGHENY COUNTY SHERIFF'S DEPARTMENT 436 GRANT STREET P, rSSURGH, PA 52 9-2496 .5q1.¢, 7 PHONE (412) 350-4700 FAX (412) 350-6388 VS. iNDiCATE TYPE OF SERVICE: DENNIS SKOSNIK CASE#: 0,~ "' 4~¢,/¢'~ief Deputy EXPIRES: SUMMONS/PRAECIPE SEIZURE OR POSSESSION NOTICE AND COMPLAINT REVIVAL OR SCI FA INTERROGATORIES EXECUTION o LEVY OR GARNISHEE OTHER PERSONAL ;~ PERSON IN CHARGE ~ DEPUTIZE ~J MA~L ~ POSTED J OTHER ~ LEVY .3 SEiZED&STORED NOW: 20__ I, SHERIFF OF ALLEGHENY COUNTY, PA do hereby deputize the Sheriff of County to execute this Wdt 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 notilying person of levy or attachment, with out liability on the part si such deputy herein for any IDES, destruction or removal of any such property before sheriff's sale therof, Seize, levy, advertise and sell all the personal properly of the defendant on the premises located at: MAKE MODEL MOTOR NUMBER SERIAL NUMBER LICENSE NUMBER SHERIFF'S OFFICE USE ONLY tllat on th '~ ~dav of I heathy CERTIFY and.J~-,~'UR~ e~ , 0 f'~-;' / L~__ ~._,~at ' tc~:~ 7c:3o o'ClOD~P.M Address Above/Address Below, County of Allegheny, Pennsylvania I have served in the manner Described below: _ ;2 Defendant(s) personally served. 2 Adult family member with whom said Defendant(s) reside(s), Name & Relationship ;2 Adult in charge of Defendant's residence who refused to give name or relationship. ~ Managedother person authorized to accept deliveries of United States Mail ___ -~ Agent or person in charge of Defendant(s) office or usual place of business. -~ Other ~ Property Posted Defendant not found because: Q Moved ~ Certified Mail 3 Receipt '~ Regular Mail Why You are hereby notified that on Possession/Sale has been set for Envelope Returned 3 Neither receipt or envelope retuned: writ expired , levy was made in the case of .YOU MUET CALL DEPUTY ON THE MORNING OF SALE/POSSESSION BETWEEN 8:30 - 9:30 A.M. Additional Costs Due $ "--' -- ~;b-z_~ C=Fhis is placed on writ when returned to Prothonotary. i F'l~d~, Check. .... o sfyl g case. Sheila R. O'Bdsn, Notu~' Public Affirmed and subscribed before me I City of Pittsburgh, AUe~heny County / JERR~ E. HAI,JJLON ......... /My CornmJ~sion E. xpir¢, June Ig, 200{)I~STRICT: mis clay o! ~ ,.. ;;-~ '-~--~ ~ THENT ~votary ,20 at o'clock Created 2/5/o4 8:47AM ~Revised: 2/5/04,8 50AM DICKINSON COLLEGE, Plaintiff MARVIN T. & JULITA Q. DELA CUESTA & JOEL DELA CUESTA Defendants IN THE COURT OF COMMON PLEAS OF cUMBERLAND COUNTY, PENNSYLVANIA NO. 03-4914 CWIL ACTION-LAW JURY TRIAL OF TWELVE DEMANDED PRAECIPE Please reinstate the attached Complaint against Marvin T. and Julita Q. dela Cuesta, h/w, and Joel dela Cuesta, in the above-captioned action and return same to the undersigned for service. MARTSON DEARDt0~RFF WILLIAMS & OTTO David R. Gal]'~_, squ~/e Ten East High Stree ~ Carlisle, PA 17013 (717) 243-3341 Date: February 5, 2004 Attorneys for Plaintiff DICKINSON COLLEGE, Plaintiff MARVIN T. & JULITA Q. DELA CUESTA & JOEL DELA CUESTA Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-4914 CIVIL ACTION-LAW JURY TRIAL OF TWELVE DEMANDED STIPULATION AND AGREEMENT FOR ENTRY OF JUDGMENT AND NOW, comes Plaintiff, DICKINSON COLLEGE, by and through its attomeys, MARTSON DEARDORFF WILLIAMS & OTTO, and Defendant PETER J. BOSCAS who stipulate and agree as follows: 1. Pa. R.C.P. 1037 (c) provides that in all cases, the Court, on motion of a party, may enter an appropriate judgment against a party upon admission. 2. Defendants, Marvin T. Dela Cuesta and Joel I)ela Cuesta, agree and admit that Judgment should be entered against them in favor of Plaintiff' in the amount of $16,286.33, plus interest from July 15, 2003 in the amount of $251.46, collection and attorneys' fees in the amount of $2,277.53 for a total of $18,815.32, plus costs of suit and interest accruing at 5% per annum from date of Judgment. 3. Defendant, Julita Dela Cuesta, agrees and admits that Judgment should be entered against her in favor of Plaintiff in the amount of $12,461.53, plus interest from July 15, 2003 in the amount of $150.48, collection and attorneys' fees in the amount ors 1,677.53 for a total of $14,289.54, plus costs of suit and interest accruing at 5% per annum from date of Judgment. 4. The parties agree that the Court, upon motion of Plaintiff, may enter Judgment pursuant to this Stipulation without issuance of a Rule to Show Cause, and without further proceedings or notice. Marvin T. Deia Cuesta 110 Larkspur Cr. Butler, PA 16002 Pro Se Defendant Date: Julita/~Q. Dela Cuesta 110 Larkspur Cr. Butler, PA 16002 Pro Se Defendant Date: David R' Gall°way' E~u~e~ x, c~**,' Martson Deardorff Williams & Otto Ten East High Street Carlisle, PA 17013-3093 (717) 243-3341 Attorney for Plaintiff Date: [~/~' /6~' Joel Dela Cuesta 110 Larkspur Cr. Butler, PA 16002 Pro Se Defendant Date: CERTIFICATE OF SERVICE I, Martha-Anne Iben, an authorized agent of Martson DeardorffWilliams & Otto, hereby certify that a copy of the foregoing Order with Stipulation was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Marvin T. Dela Cuesta Julita Q. Dela Cuesta Joel Dela Cuesta 110 Larkspur Cr. Butler, PA 16002 MARTSON DEARDORFF WiLLIAMS & OTTO Martha-~inne Iben Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: February 9, 2004 DICKINSON COLLEGE, Plaintiff MARVIN T. & JULITA Q. DELA CUESTA & JOEL DELA CUESTA Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-4914 CIVIL ACTION-LAW JURY TRIAL OF TWELVE DEMANDED ORDER OF COURT AND NOW, this ~_~day of ~--~ , 2004, upon consideration of the attached Stipulation, judgment is hereby entered in favor of Plaintiff Dickinson College as follows: a. against Defendants Marvin T. Dela Cuesta and Joel Dela Cuesta in the amount of $16,286.33, plus interest from July 15, 2003 in the amount of $251.46, collection and attorneys' fees in the amount of $2,277.53 for a total of $18,815.32, plus costs of suit and interest accruing at 5% per annum from date of Judgment. b. against Defendant Julita Dela Cuesta in the amount $12,461.53, plus interest from July 15, 2003 in the amount orS150.48, collection and attorneys' fees in the amount orS 1,677.53 for a total of $14,289.54, plus costs of suit and interest accruing at 5% per annum from date of Judgment. for Plaintiff: David R. Galloway, Esquire Ten East High Street Carlisle, PA 17013 Pro Se Defendants: Marvin T. Dela Cuesta Julita Q. Dela Cuesta Joel Dela Cuesta 110 Larkspur Cr. Butler, PA 16002 BY THE COURT, / ,J. F:\FILES\Clients\7619 Dickinson College\7619.Collections\76I9C.Current\7619C.202 Dela Cuesta\7619C.202.pra4.wpd Christopher E. Rice, Esquire I.D. No. 90916 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff E,Lf D -0F 1• IC:. THE PROTHONOTARY 2014JUL31 AN10:23 CUMBERLAND COUNTY PENNSYLVANIA DICKINSON COLLEGE, Plaintiff v. MARVIN T. & JULITA Q. DELA CUESTA & JOEL DELA CUESTA Defendants : IN THE COURT OF COMMON PLEAS OF CVMBERLAND COUNTY, PENNSYLVANIA : 1 JO. (2-2387 '1O. 03-4914 : CIVIL ACTION -LAW : JURY TRIAL OF TWELVE DEMANDED PRAECIPE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please mark the judgment in the above -referenced matter satisfied and the action discontinued. Date: *07 MARTSON LAW OFFICES By:4 S / Christopher Rice I.D. 90916 Ten East High Street Carlisle, PA 17013-3093 (717) 243-3341 Attorneys for Plaintiff CERTIFICATE OF SERVICE I, Mary M. Price, an authorized agent of 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: Mr. Marvin T. Dela Cuesta 2255 East Sunset Road, Apt. 1161 Las Vegas, NV 89119-4952 Mr. Joel Dela Cuesta 8344 Seven Falls Street North Las Vegas, NV 89085-4480 MARTSON LAW OFFICES By Dated: 7/,304" / t ,Q�24c_pi M. Price T East High Street Carlisle, PA 17013 (717) 243-3341 THIS IS A DEBT COLLECTING FIRM ATTEMPTING TO COLLECT A DEBT FOR DICKINSON COLLEGE. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.