HomeMy WebLinkAbout03-5811DICKINSON COLLEGE,
Plaintiff
ANGELA SARANGO-PETRUCCELLI,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 03-
/!
CIVIL ACTION-LAW
JURY TRIAL OF TWELVE DEMANDED
NOTICE
You have been sued in court. If you wish to defend against the claims set forth in the
following pages, you must take action within twenty (20) days after this Complaint and Notice are
served, by entering a written appearance personally or by attorney and filing in writing with the court
your defenses or objections to the claims set forth against you. You are warned that if you fail to
do so, the case may proceed without you and a judgment may be entered against you by the court
without further notice for any money claimed in the Complaint or for any other claim or relief
requested by the Plaintiffs. You may lose money or property or other rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS
OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO
PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL
SERVICES TO ELIGIBLE PERSONS AT A REDUCE FEE OR NO FEE:
Cumberland County Bar Association
32 South Bedford Street
Carlisle, Pennsylvania 17013
Telephone (717) 249-3166
Dated: November 3, 2003
David R. Galloway, t:sqmre
I. D. Number 87326
Ten East High Street
Carlisle, PA 17013
(717)243-3341
Attorneys for Plaintiff
OTTO
DICKINSON COLLEGE,
Plaintiff
ANGELA SARANGO-PETRUCCELLI,
Defendant
1N THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 03- ~/I
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:
l. Plaintiff Dickinson College, (hereinafter"Dickinson"), is a Pennsylvania educational
institution with its principal offices located in Carlisle, Cumberland County, Pennsylvania 17013,
2. Defendant Angela Sarango-Petmccelli, (hereinafter "Student"), is an adult individual
whose last known address is1841 Buchanan Street, Hollywood, Broward County, Florida, 33020-
4035.
COUNT I
BREACH OF CONTRACT
3. Student is currently or was recently enrolled at Dickinson.
4. Student emered into a Promissory Note - Federal Perkins Loan Program (Note #1)
with Dickinson for the financing of $2,000.00 plus interest and costs by Student, for educational
services and benefits at Dickinson. A copy of Note #1 is attached hereto as Exhibit "A."
5. On or about September 10, 1997, Student entered into an additional Promissory Note
- Federal Perkins Loan Program (Note #2) with Dickinson for the financing of $2,000.00 plus
interest and costs by Student, for educational services and benefits at Dickinson. A copy of Note
#2 is attached hereto as Exhibit "B."
6. On or about April 14, 1998, Student entered into a Promissory Note (Note #3) with
Dickinson for the financing of $5,885.00, plus interest and costs by Student, for educational services
and benefits at Dickinson. A copy of Note #3 is attached hereto as Exhibit "C."
7. On or about April 29, 1998, Student entered into a Promissory Note - Federal Perkins
Loan Program (Note #4) with Dickinson for the financing of $1,000.00, plus interest and costs by
Student, for educational services and benefits at Dickinson. A copy of Note #4 is attached hereto
as Exhibit "D."
8. On or about September 30, 1998, Student entered into a Promissory Note - Federal
Perkins Loan Program (Note #5) with Dickinson for the financing of $2,000.00, plus interest and
costs by Student, for educational services and benefits at Dickinson. A copy of Note #5 is attached
hereto as Exhibit "E."
9. On or about February 4, 2000, Student entered into a Promissory Note (Note #6) with
Dickinson for the financing of $6,645.00, plus interest and costs by Student, for educational services
and benefits at Dickinson. A copy of Note #6 is attached hereto as Exhibit "F."
10. Student breached the expressed and implied obligations, conditions and terms of
agreement of Note # 1, Note #2, Note #3, Note #4, Note #5 and Note #6 by failing to pay the amounts
financed therein.
11. Note # 1, Note #2, Note #4 and Note #6 are funds created under Part E of Title IV of
the Higher Education Act o f 1965 as amended, (hereinafter the "Act") and are subject to the Act and
the Federal Regulations issued under the Act,
12. As provided in the Act, Dickinson acts in a fiduciary capacity in the handling,
disbursing and collecting of funds associated with the programs under the Act.
13. The total collective outstanding principal balance for Note # 1, Note #2, Note #3, Note
#4, Note #5 and Note #6 is $19,530.00.
14. Note # 1, Note #2, Note #3, Note #4, Note #5 and Note #6 grant Dickinson reasonable
attorney and collection fees which Dickinson has calculated to be $2,929.50.
15. As of October 24, 2003, the outstanding balance due and payable by Student to
Dickinson was $19,985.32 plus interest accruing thereafter at $2.39 per day, attorney and collection
fees in the mnount of $2,929.50 and costs of suit.
16. The outstanding balance ors 19,985.32 represents the total and actual overdue of the
financing provided to Student under Note #1, Note #2, Note #3, Note #4, Note #5 and Note #6 and
for those educational services provided to Student for which Student has yet to pay.
17. Dickinson fulfilled, performed and complied with all obligations and conditions of
Note #1, Note #2, Note #3, Note #4, Note #5 and Note #6 and fulfilled, performed and complied
with all obligations and conditions of the Account.
WHEREFORE, Dickinson demands judgment against Student in the amount of$19,985.32
plus interest accruing at $2.39 per day, attorney and collection fees in the amount of $2,929.50 and
costs of suit.
COUNT II
IN 0 U/INTUM MER UIT
In the alternative, if this Honorable Court should determine that an express contract between
Dickinson and Defendant, Angela Sarango-Petruccelli, does not exist, which is denied, Dickinson
pleads the following:
18. Paragraphs 1 through 17 are incorporated herein by reference as if set forth in full.
19. Because Dickinson loaned money to Student, to the benefit of Student, Student
became liable to Dickinson for said money.
20. Student was unjustly enriched by accepting said money without paying Dickinson
reasonable compensation therefor.
21. As of October 23, 2003, the total amount by which Student became enriched was
$19,985.32 plus interest accruing thereafter at $2.39 per day.
22. Dickinson demanded payment of the above sums but Student failed and refused to
do so.
WHEREFORE, Dickinson demands judgment against Student in the amount of $19,985.32
plus interest accruing at $2.39 per day, attorney and collection fees in the amount of $2,929.50 and
costs of suit.
Date: November 3, 2003
LIAMS
I. D. Number 87326
Ten East High Street
Carlisle, PA 17013
(717) 243-3341
Attorneys for Plaintiff
OTTO
FEDERAL PERKINS LOAN
PROMISSORY NOTE
1. Name (last, first, middle initial) and
Permanent Address (street, city, state, zip code)
Sarango-Petruccelli, Angela
2. Social Security Number
3. Date of Birth
6. School Name & Address (street, city, state, zip code)
Dickinsc~ Col 1~
P.O. Box 1773
c~--l~le, PA 17013-2896
7. Borrower StatUS 8. Interest Rate
9. Loan Amount ~ Per/od
$2000. OD 1996-97
TERMS AND CONDITIONS:
REQUESTS FOR DEFERMENT, CANCELLATION OR FORBEARANCE - To r~c~iw deferment, cancellation, or/orba~wan~ benefits, I tnmt make a written t~que~t
orroWer~Signature
Date:
Terms and Conditions (cont.)
HARDSHIP REPAYMENT OPTIONS - Upon my written reque~L if
may extend the repayment period for up to ~ ad~o~ ten (10) ye~ and
~payme~t pen~ beyond 10
G~CE PE~ODS - My i~ ~ce p~od before ~n~ng ~pa~ent
mon~. It I ~ a ~-~m-H~f-T~e ]~o~ower ~ ou~g Feder~
my ou~m~ng Io~ is due. ~ ] mn a L~-~m Hgf-T~e ~o~o~r ~ no
ou~mnd~g Federal PerMm Lom~s. my repa~ent ~g~ ~e e~fier of:
~od of ~ mon~ ~at fo~ defe~en~ ~at apply to Feder~
P~PA~ENT - I ~y p~pay ~I or m~y p~t of my ~pald loan
MI~MUM MONTHLY PA~E~ 1 ~11 make a minimum mon~/y
repayment of $40 {or $30 if I have out--ding Feder~ PerM~ loam made
~fore Octo~r 1. 1992 ~t included ~e $30 mmm payment opOon)
~ at a mon~ly rate on my o~er Feder~ Per~ lo~. [f ~ch
FORB~NCE - Upon m~ng a properly d~enl~ ~tten requ~ to
DEFE~EN~ - Upon ~ng a pro~rJy d~ument~ ~tten ~qu~t
CANCELLATIONS. Upon mal~ng a properly documented written ~quest
Un/ted States Code
volunteer under the DomesUc Volunteer Service Act of 1973 {ACTION
prograrr~}
I'I'UI:.t{AL I"Y-I~I~IIV..~ LU/-IIV
PROMISSORY NOTE
1. Name (last, first, middle initial) and
Permanent Address (street, city, state, zip code)
Sarango-Petruccelli, Angela
2. Social Security Number
3. Date of Birth
4. Area Code/Telephone Number
5. Driver's License Number (List state abbreviation first)
6.5choolName & Addmss(street, ci~ state, zip code)
D±cki~sc~ Co]_l.ecje
P.O. B~x 1773
Carlisle, PA 17013-2896
7. Borrower Status 8. Interest Rate
9. Loan Amount: Period
2,000.00 97-98
TERMS AND CONDITIONS:
Borrower/s Signature~
Date:
Terms and Conditions (cont.)
HARDSHIP REPAYMENT OPTIONS - Upeo my wntten request, il' I
qualify a~ a low income individual dunng the repayment period, the school
may extend the repayment period for up to an adddtional ten (10) yearn and
may adjust any repayment schedule to ~,eflect my incorr~,, Upon my written
request, the school may extend the repayment period iL in it~ opinion,
prolonged illness or unemployment prepent me from making the scheduled
repayments during which Ume interest will continue to accrue, The school
may permit me to pay le~ than the rmtumum monthly repayment rate for a
penod of not more than one year at a tune if I experience a period of
prolonged ifine~ or unemployment except such action may not extend the
repayment period beyond 10 yea~.
GRACE PERIODS - My initial grace period before beg~nn~rlg repayment is 9
month~. 1[ I am a Less-Than-Half-Time Borrower wi~h outstanding Federal
Perkdm Loans, my ~epayment begins when the next ~cheduled mstallment of
my outstanding lean is due. If I am a Le.~-Tnm-Halr-T~me Borrower with no
outstanding Federal Perkim Loans. my repayment begir~ the earlier of: 9
months from the date my loan wa~ made. or 9 month~ £mm the date [ became
le~ than a half-t~me student, even if i r~ceived the I*~,~ after [ became a
than halt-rime student. My payrnent~ will re~ume alter a po*t-deferment grace
period of 6 month~ that follow~ defermenm that apply to Federal Per[Om
loans.
PREPAYMENT - [ may prepay all or any part of my unpaid loan balance,
plm any accrued interest, at any time withou£ penalty Anaount~ [ repay in the
academic year in which the loan was made and before the imtial grace period
has ended will be used to reduce the amount of the loan and will not be
considered a prepayment. I/I repay amount~ dunng the academic year in
which the Joan was made and the initial grace period ended, only tho~e
amounts in exce~ of the amount due for any repayment period Shall be
considered a prepaymenl If, in an academic year other than the award year in
which the loan was mede. ! repay more dian the amount due for an in~tall-
mont. the exce~ will be used [o repay pnncipal unle~ I de, ignore it a~ an
advance payment et the next regular in~talhnen[
MINIMUM MONTHLY PAYMENT - I will make a minimum monthly
repayment of $40 (or $30 If I have our~tanding Federal Perkins loam made
before October I. 1.992 tha~ included the $3{3 miramum payment option) if
r~quired by the school. If the total monthly repayment rate on ti'ns loan and
any ou~tanding Federal Perkins loans 1 may have ~ J~ than the minimum
monthly repayment rate e~tablkshed by the school, the ~chool may ~tili requ~e
a mirth-hUm monthly repayment rate. A minimum monthly repayment
amount will combine my obligation on this and all my out, rending Federal
Per[om loans, including those made at other schools. The portion of the
minmnum monthly payment that will be applied to th~ lean will be the
difference between the mmmaum monthly payment and the total amount~
owed at a monthly rate on my other Federal Perkan$ loam. II each xchool
holding my outstanding Federal Per[om loans exerc~ the minimum mon~ly
pa?dent option, the minimum monthly repayment will be divided among the
$chools in proportion to the amount of p~ncipal advanced by each ~chodi.
FORBEARANCE - Upon makang a properly documented written request to
the ~chool. [arn entit]ed to I'orbearance of pnncipal and interest or pnncipal
only, renewable at intervals up to 12 mond~ for pedod~ that collectively do
not exceed three yearx, under the £dilow~ng condifiona: If my monthly Title IV
loan debt burden equals or exceed~ 20% of my total monthly gro~ income; il'
the ~cretary authorizes a period of forbearance due to a national military
mobilization or other national emergency: or if the school determines that I
qualify due to poor health or for other m~on~, including ~e~v~ce in
AmeriCorp$. Imermt accrues during any period of forbearance.
DEFERMENTS Upon making a properly documented written request to
the school. ][ may defer rnakang scheduled ir~tagmen[ paymen~ and will not
be liable for any mter~t that might otherva~e accrue I) duang any period that
I ara: er, rolled and attending as a regular student in at leaxt a half-rime coun~e
of ~tudy at an eligible ~chool; enrolled and a[£endmg a~ a regular student a
graduat~ fellowship program approved by the .~cretary: engaged in graduate
or post-graduate feliowship~supported ~tudy outside the US: em'oiled and
attending a rehabilitation Lraltung program for d~bled indiv~dual~ approved
by the ~ecretJry: engaged in public ~ervice that qklalifie.~ me Io have part or all
of my loan canceled; 2) for a period not to exce~l three years during which I
am seellmg but unable to find fdil4Lme employment, 3) [or a period not to
excee0 three years dunng which I am experiencing an economic harcLship as
determtued be the school ! am not eligible for a deferment wlmle serving in a
medical internship or residency progranl I may continue to defer making
scheduled in,stallment pavment~ and wdl riot be liable ~or any t$~lerest that
CANCELLATIONS. Upon rna~ng a properly documented written request
m p~a~p~ A, B. C. D md E ~low. Qu~l~ing ~mce mint ~ ~rfo~ed
Mter [ ~eive ~e Io~.
A. Teaching · a f~l-~me teach, in a public or o~er nonprofit element~ or
~on~ ~di. ~t h~ b~n ~igmt~ by
· e promslom of ~on 465(a)(2) of ~ Act ~ a ~hodi ~ a high
dete~thed by ~e S~te Dep~nt of Educaaon to ~ve a shortage of
B. ~ly ~temention ~mic~ · a ~l-dme qu~ified pmf~ion~ provider of
m~isinn by a lead agony ~ aum~d by ~uon 67Z(21 05 ~ [ndiv~du~
C. ~w Enfomement or Co--om ~Bcer · a full-arno law enfo<emmt
agency.
D. Nome or Medical T~hnician · a full-me nu~ pm~ding beal~ c~
F. Head ~a~ Cancellation - Upon ~ng a pro~rly docummt~
Unit~ S~t~ Code
pro~)
DICKINSON COLLEGE FLEXIBLE FINANCING SYSTEM - PLAN B
EDUCATIONAL GOODS-AND SERVICES RETAII, I~STALLMENT CONTRACT
Date: April 14, 1998
Seller:
Buyer(s):
Dickinson College, Carlisle, Pennsylvania 17013 -2896
Roger M. Sarango
128 Geighton Rd.
Boston MA 02136
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 th,
expenses incurred for goods and services to be provided and rendered, as the case may be, to Angela Sarango
(hereinafter as "Student") during his/her enrollment at Dickinson College during the 1998 academic year, including
tuition, room and board, books and supplies as herein stated (hereinafter the "Goods and Services").
The Croods and Se.'Mces 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
9,50%
FI2qANCE
CHARGE:
Dollar amount
credit will
cost Buyer
$4063.44
&MOUNT
FINANCED:
Amount of credit
provided by
Dickinson College
$5,885.OO
TOTAL OF
PAYMENTS:
Amorint paid by
Buyer as total of
all scheduled
payments
$9948.44
TOTAL SALE
PRICE:
Total cost of
purchase on
cxedit, including
down payment of
$21,405.00
$27,290.00
Buyer's payment schedule will be as follows:
Number of Payments
146
Amount of Payments
$68.14
When Payments are Due
Monthly commencing 5/28/98 until 05/28/09.
*Variable Rate:
The ANNUAL PERCENTAGE RATE disclosed above is a ~ rate and may change. The
ANNUAL PERCENTAGE RATE may increase during the term of this transaction if the prime
rate of interest announced in the Wall Street Journal as of the close of business on June 30 of
each calendar year increases, and will be increased to the prime rate plus 1%. The ANNUAL
PERCENTAGE RATE will not increase more than once a year, and the new interest rate will
become effective on July 1 following the increase, if any, in the prime rate of interest. Any
increase will be in the form of higher payment amounts. If your cost of the Goods and Services
sold hereunder were $5,885.00 at 9.50% per annum for 146 months, and the prime rate plus 1°/,
were increased to 10.50%, your regular monthly payments would increase to $71.55. 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 mor,
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 earty 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 SCI41~DULED DATE FOR
REPAYMENT OF THE AMOUNT FINAaX[CED
III. ITEMIZATION OF AMOUNT FI2NANCED
I. Cash price of Goods and Services:
2. Total down payment:
3. Unpaid balance of cash price (1 - 2):
4. Amount paid to others on Buyer's bebalP
, Amount Financed (3 + 4):
$ 27,290.00
21,405~00
5,885.00
$ 5,885.00
IV. CREDIT INSURANCE
Credit life insurance for the term of this Contract is not required.
V. NO WARRAN'Et~S
THERE ARE NO WARRAN'L'ILS, EITHER EXPRESSED OR 12vlPLIED, GIVEN BY SELLI~. IN CONNECTION Wt'tt-I SALE
OF THE GOODS AND SERVICES COVERED BY THIS CONTRACT UNLESS BUYER HAS BEEN GIVEN A SEPARATE WRri-iEN
WARRANTY.
VI. ADDITIONAL PROVISIONS
Buyer agrees to pay. Seller the Total Sale Price by making the tot,al dovra payment and paying Seller the Total of
Payments in the number and amount o£ monthly payments shown in the Paymem: Schedule- Paymera~ are &~' on. or
i~ffore the same date of each month as the first payment date. Pa3nnents mu~ be made to Edeserv Technologies, Inc. at
the following address:
EFG
P.O. Box 1810
Winston Salem NC 27102-1810
Buyer's legal rights include the right to pay all or part of the amounts due on tiffs Contract in advance of their due dates,
to obtain a refund or credit of unearned Finance Charge whenever the amount is paid m full m advance, and (with
Seller's consent) to rein~ale thc Coulxact it?Buyer nmely cures any defanlt.
Buyer shall be deemed to have commatted un "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 uny 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.
Upen 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 a~ra~flt 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 docs not cure thc 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 it' Seller should thereafter choose to exercise
that or any other right or a similar Event of Defanlt 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 fights.
This Contract is freely assignable by Seller. Buyer agrees that upon receiving notice of the assignmem Buyer shall be
obligated to the Assignee of this Conwact which Assignee shall have all of Seller's fight and remedies.
3
if any part of tiffs Contract is held to be illegal, void or unenforc ~eable, that provision shall be deemed not to have been a
part of tiffs Contract. which shall otherwise remain fully effective.
APPLrCABLE LAW: This Agreement. whenever called upon to be construed, shall be governed by the domestic
internal laws of the Commonwealth of Pennsylvama except to the extent supplemented, superseded or preempted by
federal law.
CONSENT TO IURISDICTION, VENUE AND SERVICE: The parties to this Agreement consent a.a agx'ee that all
legal proceedings relating to the subject matter hereof shall be maintained in the Court of Common Pleas of Cumberland
Corm .ty, Pennsylx, nnia or, ifapplic,~le, theUniled. States District Cotttt of the Middle DistrictofPennsylvania, and_all
pames 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 remm receipt requested, directed to the
respective party, at the address set forth aloove.
10. This Contract shall be binding upon the parties hereto, theix heir~ successors, assigns and leg,at representatives.
11. TIME IS OF THE ESSENCE OF THIS CONTRACT.
NOTICE: ANY HOLDER OF THIS CONSUMER CREDIT CONTRACT IS SUBJECT TO ALL CLAI]MS AND DEFENSES
WHICH THE DEBTOR COULD ASSERT AGAINST THE SELLER OF GOODS OR SERVICES OBTAINED PURSUANT
[--IERETO OR VqI'I'H ~ PROCEEDS HEREOF. RECOVERY HEREUNDER BY THE DEBTOR SHALL NOT EXCEED
AMOUNTS PAJ[D BY THE DEBTOR HEREUNDER.
NOTICE TO BLDFER: (1) DO NOT SIGN TI-frS AGREEMENT BEFORE YOU READ IT OR IF IT CONTAINS ANY
BLANK SP3,CE. (2) YOU ARE EN t I l LED TO A COMPLETELY FILLED-IN COPY OF THIS AGRggM]ENT. (3)
UNDER THE LAW. YOU HAVE THE RIGHT TO PAY OFF IN ADVANCE THE FULL AMOUNT DUB AND UNDER
CERTAIN CONDITIONS TO OBTAIN A PARTIAL REFUND OF THE F'[NANCE CHARGE.
BUYER(S) ACKNOWLEDGE(S) RECEIVING A_ COMPLETED COPY OF THIS CONTRACT AND EqTEND(S) TO
BE LEGALLY BOUND BY ITS TERMS.
I AGREE TO REPAY ALL AMOUNTS DUE ON THIS LOAN IF TH~ BORROWEi:~(S)/BU'YER(S) FALLS TO DO SO
IN ACCORDANCE WITH THE tERMS OF THE NOTE:
TRANSCRIPT OF 3, STUDENT'S RECORD WILL NOT BE RELEASED 1~ LOAN PA. YM]gNT$ TO TIlE COLLEGE
ARE IN ARREARS OR DEF3`LILT.
DATE:
DICKINSON COLLEGE
BY
4
DICKINSON COLLEG'E " Al: ~ t~ ~q~,~
· . Flexible Financing System Application
ffany '(o bc a, c~-appl~cant. ..... If)omt name and c~-aJ, phca nt ,s your s~, com~tcte ~appfi&nt ~ct~on. If o~nt wi~ another individual ~hat 'ndMdua ~u
to thc txt~n~ that thc~, ~mc a~/or ~t~ ar~ nc~ to quab~ for ~e l~n. [nd,v~ua~ apphmnts do no~ mv~al ~r~ml s~t~.
APPLICANT (Parent)
/ f~5~
~PLO~ENT
CO-APPLI~T (Parent)
C~DIT HISTORY - MONTHLY PA~ENTS
COLLEGE USE ONLY
I
F~ }EI~AL PEI~KIN$ LOAN
P..k ~VIISSORY NOTE
00273-000-00-3317-09
1. Name (last, first, middle initial) and
Permanent Address (street, city, state, zip code)
Sarango-Petruccelli, Angela
128 Leighton Rd.
Hyde Park, MA 02136
2. Social Security Number
3, Date of Birth
4. Area Code/Telephone Number
5. Driver's License Number (List state abbre~ia~n
6. School Name & Address (sU'eet, city, state, zip code)
DickinsonCo]]ec3e
P.O. B~x 1773
Carlisle, PA 17013-2896
7. Borrower Status L Interest Rate
9. Loan Amount: ] 1( ~eriod
$1000.00 I Summer 1998
TERMS AND CONDITIONS:
REQUESTS FOR DEFERMENT. CANCELLATION OR FORBEARANCE - To receiv* deferment, cancellation, or forbearance benefits, ] must make a written request
LOAN(S) THAT MUST BE REPAID
Borrowe'r's SignatUre
/
Date:
II
Terms and Conditions (cont.)
HARDSHIP REPAYMENT OPTIONS - Upon my ~,ntten request, if [,
qualify as a Iow-income individual dunng the repayment period, cbe school '
may extend the repayment period for up to an addioonal ten (10) year~ and
may adjust any repeyrnent ~chedule to reflect my incorae Upon my written
prolonged illness or unemployment prevent me from making the ~cheduled
repayments dunng which ume mter~t will continue to accrue. The school
may permit me to pay less than the rmnimum monthly repayment rate for a
period of not more than one year at a cume if [ experience a period of
prolonged illness or unemployment except such action may not extend the
eepayment period beyond i0 years.
GRACE PERIODS ~ My initial grace period before be§inrang repayment is 9
months, IfI am a Less Than-Half-Time Borrower with outstanding Federal
Perkim loans, my repayment begins when the next scheduled ~tallment of
my outstanding loan is due. If ! am a Less..Than-Half-Tirne Borrower with no
outstanding Federal Perkir~ Loans, my repayment begins the earner of; 9
months from the date my loan was made, or 9 months from the date [ became
period of 6 months that follow~ deferments that apply to Federal Perkins
PREPAYMENT - I may prepay aJl or any part of my unpaid lo~n balance.
MINhMUM MONTHLY PAYMENT I will make a rmnirnurn monthly
repayment of $40 (or $30 ff I have outstanding Federal Perkins loam made
before October 1. 1992 O~t included the $30 imrumum payment option) if
FORBEARANCE - Upon m~ng a properly dm:umented written request to
DEFERMENTS - Upon making a properly documented written request to
CANCELLATIONS - Upon tmkmg a properly documented written request
to 'th~ school. I am entided to h~'e up to [0096 ol' the originaJ principal loan
amount of tlms loan canceled ff l perform qualilying sermce in the areas listed
m 15aragraphs A, B. C. D and Ir below. Qualifying Setwice must be performed
after [ receive the loan.
A. Teaching · a full-time teaeht~ in a public or other nonprofit elementary or
secondary school, that has be*n d~ignated by the ~cretary in accordance with
the promsions of section 46§{a){~) of the Act as a school with a high
concenu'auon of studenu from Io~-income families. An official Directory of
designated lowqncome schoolS ~ published annuaJly by the ,~creta~. · a full-
time special education te~chef tn a public or nonprofit elementaly or
secondary school system. ° a ~ time teacher, in a public or other nonprofit
elernenuary or s~condary school ~ystern. who teaches mathematics, science.
foreign langaages, bilingual education, or any other field of expertise that is
determined by the State Deparunent of Education to have a shortage of
United States Code
volunteer u~der the DomesUc Volunteer ~ermce Act of 1973 IACTION
programs)
FEDERAL PERKINS LOAN
PROMISSORY NOTE
00273-000-00-3317-09
1. Name (last, first, middle initial) and
Permanent Address (sl~eet, city, state, zip code)
Sarango-Petruccelli, Angela
2. So~ial Security Number
3. Date of Birth
4. ~ea C~e~ele~ne Numb~
5. DrYer's License ~um~r
School Name & Address (street, city, state, zip code)
P.O. B~x 1773
Carl ';~le, PA 17013-2896
7. Borrower Status ' 8. Interest Rate
9. Loan Amount: 10. Loal, Period
$2000.00 1998-1999
TERMS AND CONDITIONS:
REQUESTS FOR DEFERMENT. CANCELLATION OR FORBEARANCE - To receive deferment, cancellation, or forbeartulce benefit*, I must make a written request
LOAN(S) THAT MUST BE REPAID
Borrower's Signattfre
III II
Date:
Terms and Conditions (cont.)
HARDSHIP REPAYMENT OPTIONS - Upon my v*ntten request, it I
qua/ify as a Iow-income individual dUtrmg the repayment period.
mpaymen~ pe~od beyopd 10 ye~.
G~CE PE~ODS - My intel ~ce ~dod ~fom ~mng repayment
mond~. If I ~ a ~-~-H~f-T~e Bo~er ~ ouu~ding Feder~
my ouU~ng 1o~ U due. ~ ] ~ a ~-~-H~f-T~e Bazaar wi~ no
P~PA~ENT - I may p~pay MI or ~y p~t of my unpaid Io~ balance.
~MUM MONTHLY PA~ENT - I ~ll make a minimum mo~ly
~pa~ent of $40 (or $30 d i have out.ding F~er~ Per~m Ioat~ made
~fore Octo~r I. 1992 ~t included ~e $30 ~m~ payment opUon) if
FORB~CE - Upon m~ng a properly d~ent~ ~atten requ~t to
DEFE~EN~ -Upoo m~ng a orally d~ument~ ~tten ~qu~t to
medical internship or residency program ~ may continue to defer making
CAJXJC'ELLNFIONS Upon rml~ng a properly documented written request
to th~schooL I am entitled to h~,e up to 100% of the original principal loan
amoun~ of this loan canceled if 1 perfoml qualifying sermce in the areas listed
in paragraph5 A, B, C, D and E below. Qualifying ,Service must be performed
after I receive the loan.
A. Teaching ' a full-time teacher in a public or other nonprofit elementary or
secondary school, that has been designated by the ~cretary in accordance with
the provisior~ of section 465(a}(2) of the Act as a school with a high
concenLratior~ of students from low-income families. An ofcial DLrectory of
designated Iow-income schools ia published annually by the Secretary. · a full-
time special education teacher in a public or nonprofit elementary or
secondary school system. ° a full-time teacher, in a public or other nonprofit
elementary or secondary school ~stem. who teache~ mathematics, science,
foreign languages, bilingual education, or any other held of expertise that is
detenmined by the State Department of Education to have a shortage of
qualified teachers in that State,
B. Early hatarvention ~ervices · a full-rime qualified professional provider of
supe~w'lsion by a lead agency ~ authot~lzed by secdon 672(2) of tl~ Individuals
with Disabilities Education Act, Early Intervention Services are provided to
infant~ and toddlers with disabilities.
C. Law Enfo~ement or Cocmctlorl$ Officer * a full-time law enforcement
officer for an eligible local. State, or Federal law enforcement agency; or · a
full time corrections officer for an eligible local. ,~ate. or Federal corrections
ager~cy
E. Child or Family Service Agency_ ' a full-time employee of an eligible pt:bbc
or private non proht child or farmly service agency who is providing or
supe~'is:ng the proxqsion of se~ces to high-risk children who are from Iow-
income communities and the fan'alies of such chddren.
Cancellation P~tea For each completed year of service under paragraphs A,
years: ° 20°/0 of the original principal loan arnount for each of the third year
request to the school, I alrl endtled to have up to 1009~ of the original
principal Ioar~ amount canceled loc qualifying service performed after I receive
the loan a~: · a full time staff member in the educadonal component of a
Head Start program which is operated for a period comparable to a full school
year arid 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
Cancegation 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 wcittetl
request to the school, I am entitled to have up to 50% of the principal amount
of this loan canceIed for qualifying service performed after I receive the loan
aa; · a member of the Armed Force5 of the United States in an area of
United States Code
Cancellation ]~ate For each completed vear of service under the Military
Cancellation provision, this load will be canceled at the rate of 12 1/2% of the
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
after [ received the loan a~: · a volunteer under the Peace Corps Act; ° a
volunteer trader the Domestic Volunteer Ser¥loe Act of 1973 (ACTION
programs)
Cancellation Rate - For each cornpleted year of service under the Volunteer
Service Cancellation provision, a portion of thl$ loan will be canceled at the
I. Death and Disability Cancetlation hi the event of my deattl the school
DICKINSON COLLEGE FLEXIBLE FINANCING SYSTEM - PLAN B
EDUCATIONAL GOODS AND SERVICES RETAIL INSTALLMENT CONTRACT
February 4, 2000
1. Seller: Dickinson College, Carlisle, Pennsylvania 17013-2896
Buyer(s):
Angela Sarango/Petruccelli & Roger Sarango
95 Sunnyside Street
Boston, MA 02136
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 Educational Goods and Services Retail Installment Contract.(the
"Contract").
Under the terms of this Contract, you have agreed to pay the expenses incurred for Goods and Services (as
hereinafter defined) to be provided and rendered, as the case may be, to Angela Sarango-Petruccelli (hereinafter "Student")
during his/her enrollment at Dickinson College during the 2000 academic year, including tuition, room and board, books
and supplies as herein stated (collectively the "Goods and Services").
ANNUAL
PERCENTAGE
RATE:*
Cost of credit as
yearly rate
II. TERMS OF PAYMENT AND PAYMENT SCHEDULE
Disclosures Required by Federal Law
FINANCE
CHARGE:
Dollar mount
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
8.75 %
$ 3,224.28
$ 6,645.00
$ 9,869.28
$ 23,090.00
$ 29,735.0O
Rev 10/99
Sarango-P*etrucc~lli
Buyer's payment schedule will be as follows:
Number of Payments
116
Amount of Payments
$ 85.08
When Payments are Due
Monthly commencing 02/28/00 until 10/28/11
*Variable Rate:
The initial ANNUAL PERCENTAGE RATE disclosed above is a yariable rate and may
change(increase or decrease) from time to time. The ANNUAL PERCENTAGE RATE may
increase or decrease during the term of this transaction if the prime rate of interest announced in
the Wall Street Journal as of the close of business on June 30 of each calendar year increases or
decreases, and will be increased or decreased to the prime rate plus 1%. The ANNUAL
PERCENTAGE RATE will not increase, or decrease, more than once a year, and the new
interest rate will become effective on July 1 following the increase or decrease, if any, in the
prime rate of interest. Any increase will be in the form of higher payment amounts. If your cost
of the Goods and Services sold hereunder were $6,645.00 at 8.75% per annum for 116 months
and the prime rate plus 1% were increased to 9.75%, your regular monthly payments would
increase to $88.67. Further, the ANNUAL PERCENTAGE RATE will not increase to more
than 18% or such other rate as may be permitted under Pennsylvania law.
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.
i.
III. ITEMIZATION OF AMOUNT FINANCED
Cash price of Goods and Services: $
Total down payment:
Unpaid balance of cash price (l - 2):
Amount paid to others on Buyer's behalf:
Amount Financed (3 + 4): $
29,735.00
23,090.00
6,645.00
6,645.00
2
Credk life insurance for the tenI~ of thi~.Contract is not requ/red.
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 WRi'Y
WARRANTY.
VI. ADD{TIONAL 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. Paymants 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 mounts due on this Contract in advance of their due dates, to obtaha a
refund or credit of unearned Finance Charge whenever the amount is paid in full in advance, and (with Seller's consan0 to rehasmte
the Contract if Buyer timely cures any default.
Buyer shah be deemed to have committed an "Event of Default" of the Contract upon the occurrence of any of the followlug:
(a)
(c)
(d)
(0
failure to make any payment on or before the date it ia due,
failure to make a payment on any other Connact outstanding with Seller,
failure to perform any other provision of the Contract.
providing Seller with false inrbrmation or signatures.
death, incompetence, or conviction of any Buyer of ct/me 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 m cure the
default. The notice will provide the time, amount and performance necessary to cure the default. If Buyer does not cure thn default a.
provided in the notice. Seller's ri~t~ shall-include the right to declare all sums due on the CohO'act to be immediately due and
payable. The Buyer agrees m 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 fight or a similar Event of Default occurs later. All Seller's righ~ and remedies shall be cumulative. Seller's exercise of one or
more rights shall not cause Seller to lose any other righm
This Contract is freely assignable by Se/er. Buyer a~ees that upon receiving notice of the assignment Buyer sha/l be obligated to the
Assignee of this Contract. which Assianee shall have all of Seller's right and remedies.
If any parr of d~is Contract is held to be illeeal, void or unenforceable, that provision shall be deemed not to have.been a part of this
Conwact. whict~ shall otherwise remain l'hlly effective.
Cat,amonwealth of Pennsylvania except to the e~ent supplemented, auperanded or preempted by federal law.
CONSENTTO JURISDICTION. VENUE AND SERVICE: '[~he parties to this Agreement cor~ent and agree that all legal
proceedings relating to the subject matter hereof shall be mainta/ned ~n the Court of Common Pleas of Cumberland County,
Pennsylvania, or, if applicable, the United States District Court of the Middle District of Pennsylvania, and ~fll parties hereto consent
and agree that jurisdiction and venue for such proceedings shall lie exclusively within said court. Service of proce~ ia any such
preceeding 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.
l 1. TIME IS OF THE ESSENCE OF THIS CONTRA. CT.
NOTICE: ANY HOLDER OF THIS CON$.UMER 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: (I) DO NOT SIGN THIS AGREEMENT BEFORE YOU READ IT OR IF IT CONTArNS 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
~,EGALLY BOUND BY iTS TERMS,
AGREE TO REPAY ALL AMOUNTS DUE ON
.CCORDANCE WITH THE TERMS OF THE NOTE:
THIS LOAN IF THE BORROWER(S)/BUYER(S) FAILS TO DO SO IN
STUDENT COSIGNER. '-4~/~-----~ .
RANSCRIPT Ob- A STUDENT $ RECORD WILL Ni~T BE RELEASED iF LOAN PAYMENTS TO THE COLLEGE ARE IN
RREARS OR DEFAULT.
ATE: DICKINSON COLLEGE
'-3
n ~ Loa~s
4
DICKINSON COLLEGE
Flexible Financing System. Application
This Application L* being made in iolnt names O or sintle name ~ (check one}. You may apply in your na rn~ or you may wish your spouse or other co-signer
(ifang)'~ be a co-applica~nt. I fjoin't nam~ and co-a. pplic~ nt is your spouse, complete co-app[i~ant section, lfjoin.t with another indiviffual that individual must
complete their own application. Thereisn~r~qu~rement~r~urspouse~.therco-s~gnert~a~ply~r~th~rwisebecome~b~igatedt~repayth~debtexce~t
to the extent that their ~m:ome and/or a.t~ts are nece~taD' to quahfy for thc loan. Individual app'hcants do not ~ ea marital statu .
$ $ (~ (j~J.~'. OC) [~FALL 'I~SPRING D SUMMER SESSION
APPLICANT (Parent)
EMPLOYMENT ~
1/We undcmtand that income from alimony, child support or maintenance payments n~:~pifot be revealed on thc Loan Application if l/We are not relying
on that incon~ to support this application 'for c~edlt. ~ ' '
CO~PP ,LICANT (Parent)
Individual appllcan~ relying on tl~r *pou~ income, or on alimon7, child ~upport o~r maintenan~
paymen~ ~om a spouse or form¢?~pom¢, for repayment of thi~ loan, mu~t complete this Co-Applicant
s~tion regarding their spouse/or former spous~ so that Dickinson Collc~e carl verify such income.
CREDIT HISTORY - MONTHLY PAYMENTS
Include all credit accounts which yo9 may u~e or for which you are contractually liable and all other monthly payment~ including alimony and child
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 ill knowingly make
false averments, I may be subject to cdminal penalties.
Dickinson College
Thom~''~'
Assistant Treasurer of Dickinson College
Dated:
CERTIFICATE OF SERVICE
I, Marti Iben, an authorized agent ofMartson Deardorff Williams & Otto, hereby certify that
a copy of the foregoing Complaint was served this date by depositing same in the Post Office at
Carlisle, PA, Certified Mail/Restricted Delivery, postage prepaid, addressed as follows:
Angela Sarango-Pctruccelli
1841 Buchanan Street
Hollywood, FL 33020-4035
MARTSON DEARDORFF WILLIAMS & OTTO
Marti Iben
Ten East High Street
Carlisle, PA 17013
(717) 243-3341
Dated: November 3, 2003
DICKINSON COLLEGE,
Plaintiff
ANGELA SARANGO-PETRUCCELLI,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 03-5811
CIVIL ACTION-LAW
JURY TRIAL OF TWELVE DEMANDED
PRAECIPE
Please reinstate the attached Complaint against Angela Sarango-Petmccelli, Defendant, in
the above-captioned action and return same to the undersigned for service.
MARTSON DEARDORFF WILLIAMS & OTTO
B Y D~xe-ff"~ R. G~-low ay,~TE~re k,
I. D. Number 87326
Ten East High Street
Carlisle, PA 17013
(717) 243-3341
Date: January 26, 2004 Attorneys for Plaintiff
DICKINSON COLLEGE,
Plaintiff
ANGELA SARANGO-PETRUCCELLI,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 03-5811
CIVIL ACTION-.LAW
JURY TR/AL OF TWELVE DEMANDED
PRAECIPE
Please reinstate the attached Complaint against Angela Sarango-Petmccelli Defendant in the
above-captioned action and return same to the undersigned for service.
MARTSON DEARDORFF WILLIAMS & OTTO
B Davi'Wl~.. Gallowg-y,"E"~lmre ~
I. D. Number 87326 .J
Ten East High Street
Carlisle, PA 17013
(717) 243-3341
Date: August 26, 2004 Attorneys for Plaintiff
David R. Galloway, Esquire
MARTSON DEARDORFF WILLIAMS & OTTO
Ten East High Street
Carlisle, PA 17013-3093
(717) 243-3341
Attorneys for Plaintiff
1N THE COURT OF COMMON PLEAS OF
DICKINSON COLLEGE,
Plaintiff
V.
ANGELA SARANGO-PETRUCCELLI,
Defendant
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 03-5811
CIVIL ACTION-LAW
JURY TRIAL OF TWELVE DEMANDED
PROOF OF SERVICE
P~URSUANT TO THE PENNSYLVANIA LON.G.G.G~ ARM STATUTE
To the Prothonotary:
Attached is the Affidavit of Service indicating Defendant was served with the Reinstated
Complaint on September 29, 2004 at 701 N. Pine Island Road, No. 102, plantation, Florida.
·
DaVid R. Galloway, Es-quire
I.D. No. 87326 _
Ten East High Street
Carlisle, PA 17013-3093
(717) 243-3341
Attorneys for Plaintiff
Date: October 18, 2004
DICKINSON COLLEGE__
BROWARD SHERIFF'S OFFICE
AFFIDAVIT OF SERVICE
PLAINTIFF
COMMON PLEAS
cOURT
coUNTY
VS
_~qNGF~ A %~ANgO-PETRU~CELLI
STATE OF FLORIDA
coUNTY OF BROWARD
CITY OF FORT LAUDERDALE
DEFENDANT
a Deputy Sheriff of said county,
'I am over twenty-one years of age:
I, SAL BORGESE
being duly sworn~deposes and says that
that I have served the NOTICE & COMPLAINT
on ANGELA SARANGO PETRUCCELLI
hereinafter ~a~, 'wh~ I know to be the same person or corporation describe~
in and to whom said papers are directed and at the time and at the place set
opposite their respective names, to wit:
DATE OF SERVICE
pLACE
NAME 701 N Pine Island Rd #102, Plantation,FL
ANGEEA SARANGO PETRUC~LLI
(BY SUBSTITUTE SERVICE.~CO TARALLO; MFMRFR {1F HnHqF~nl n)
09-29-04
A ci~n ~r-~ot in the military service of the United States of America.
DeputeS signature/CCN Date
SAL BORGESE, DEPUTY SHERI~?
STATE OF FLORIDA
coUNTY OF BROWARD ~ day of
The foregoing instrument was acknowledged before me this
OCTOBER ~ 2004 by ~L BORGF~. ~PIIT¥. ~MF~lFF .'
' --- ~ Name'and T~tle
who is personally known to me or who has produced
as identification and who did take an oath.
.~.~,~.. Sandra L Green
NOTARY PUBLIC OR PUBLIC OFFICER AND TITLE OR RANK/CCN
BSO C#2 (Rev 6/92) SANDRA L. GREEN
SHERTFF PHOTCI Ti') .
Type of identificatzon
Stamp)
CERTIFICATE OF SERVICE
I, Jean Taylor, an authorized agent for Martson Deardorff Williams & Otto, hereby certify
that a copy of the foregoing Affidavit of Service was served this date by depositing same in the Post
Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows:
Ms. Angela Sarango-Petrucelli
701 N. Pine Island Road
Apt. #102
plantation, FL 33324
MARTSON DEARDO~.)LIAMS
Jean~ aylor
Ter~[ tst Hi~ S~eet
C~ ,PA 17013
(717) 243-3341
& OTTO
Dated: October 18, 2004
F:\FILES\DATAF1LE\DickinsonCollege7619\Collect~ons\Current\208 pra3
Created 12/15/04 4 29PM
Revised 12/16/04 2:23PM
7619C 208
David R. Galloway, Esquire
MARTSON DEARDORFF WILLIAMS & OTTO
Ten East High Street
Carlisle, PA 17013
(717) 243-3341
Attorneys for Plaintiff
DICKINSON COLLEGE,
Plaintiff
Vo
ANGELA SARANGO-PETRUCCELLI,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 03-5811
CIVIL ACTION-LAW
JURY TRIAL OF TWELVE DEMANDED
PRAECIPE
TO THE PROTHONOTARY:
Enter default judgment in the above-captioned action in favor of Plaintiff and against
Defendant in the amount of$23,918.62 plus costs of suit and interest from date of judgment accruing
at $2.39 per day for Defendant's failure to file an answer to the Complaint.
I do hereby certify that a written notice of intention to file this Praecipe (in the form attached
hereto) was mailed to the Defendant at the address indicated thereon, on October 26, 2004, which
date was subsequent to the date default occurred and at least ten (10) days prior to the date of the
Praecipe.
MARTSON, DEARDORFF, WILLIAMS & OTTO
BYD~
I.D. 87326
Ten East High Street
Carlisle, PA 17013 ~
(717) 243-3341
Attomeys for Plaintiff
Dated: December 16, 2004
F \FILES\DATAFILE\DickinsonCollege7619\Collections\Current\208 10daynot I
Created 10/25/04 4 19PM
Revised 10/25/04 4 56PM
7619C 208
David R. Galloway, Esquire
MARTSON DEARDORFF WILLIAMS & OTTO
10 E. High Street
Carlisle, PA 17013
Attorneys for Plaintiff
DICKINSON COLLEGE,
Plaintiff
go
ANGELA SARANGO-PETRUCCELLI,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 03-5811
CIVIL ACTION-LAW
JURY TRIAL OF TWELVE DEMANDED
TO: ANGELA SARANGO-PETRUCCELLI
IMPORTANT NOTICE
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN
APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE
COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU.
UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A
JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY
LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS
OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO
PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL
SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
Dated: October 26, 2004
Cumberland County Lawyer Referral Service
Cumberland County Bar Association
32 South Bedford Street
Carlisle, PA 17013
Telephone:(717) 249-3166
i
MARTSON DEARDCIKFF WILLIAMS & OTTO
Davfd R. Galloway, Esquire/'
10 E. High Street
Carlisle, PA 17013
(717) 243-3341
Attorneys for Plaintiff
CERTIFICATE OF SERVICE
I, Jean Taylor, an authorized agent ofMartson DeardorffWilliams & Otto, hereby certify that
a copy of the foregoing document was served this date by depositing same in the Post Office at
Carlisle, PA, first class mail, postage prepaid, addressed as follows:
Ms. Angela Sarango-Petrucelli
701 N. Pine Island Road
Apt. #102
Plantation, FL 33324
MARTSON DE~IAMS & OTTO
By~~d/~[//'///{~/'~ ~
'Je'-~/7l~aylor ' /
Ten/Efltst High Street
CarlYle, PA 17013
(717) 243-3341
Dated: December 16, 2004
F:\F1LES\DATAFILE\DickinsonCollege7619\Collections\Current\208 pra3
Created 12/6/04 9-42AM
Revised. 12/16/04 2:23PM
7619C 223
David R. Galloway, Esquire
MARTSON DEARDORFF WILLIAMS & OTTO
Ten East High Street
Carlisle, PA 17013
(717) 243-3341
Attorneys for Plaintiff
DICKINSON COLLEGE,
Plaintiff
Vo
ANGELA SARANGO-PETRUCCELLI,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 03-5811
CIVIL ACTION-LAW
JURY TRIAL OF TWELVE DEMANDED
NOTICE OF ENTRY OF DEFAULT JUDGMENT
TO: ANGELA SARANGO-PETRUCCELLI
You are hereby notified that on / t )/to,_/, , 2004, the following Judgment was entered
against you in the above-captioned case: [I]n the amount of $23,918.62 plus costs of suit and
interest from date of judgment accruing at $2.39 per day for Defendant's failure to file an answer to
the Complaint.
Date:
Prothonotary
I hereby certify that the name and address of the proper person to receive this notice under
Pa. R. Civ. P. 236 is:
Ms. Angela Sarango-Petmcelli
701 N. Pine Island Road
Apt. #102
Plantation, FL 33324