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Home My WebLink About03-5813DICKINSON COLLEGE, Plaintiff VICTOR F. VALCIK, Defendant 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03- CIVIL ACTION-LAW .FURY 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, Esq'~re I. D. Number 8_7326 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff DICKINSON COLLEGE, Plaintiff VICTOR F. VALCIK, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03- 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 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 Victor F. Valcik, is an adult individual with a last known address of 5562 Hobart Street, #504, Pittsburgh, Allegheny County, Pennsylvania. 3. On or about November 18, 1985, Defendant entered into a Promissory Note - Federal Perkins Loan Program (Note #1) with Plaintiff for the financing of $1,500.00 plus interest and costs by Defendant on his own behalf, for educational services and benefits at Plaintiffs institution. A copy of Note #1 is attached hereto as Exhibit "A." 4. On or about December 19, 1986, Defendant entered into an additional Promissory Note - Federal Perkins Loan Program (Note #2) with Plaintiff for the financing of $1,500.00 plus interest and costs by Defendant on his own behalf, for educational services and benefits at Plaintiff's institution. A copy of Note #2 is attached hereto as Exhibit "B." 5. On or about December 20, 1987, Defendant entered into an additional Promissory Note - Federal Perkins Loan Program (Note #3) with Plaintiff for the financing of $1,540.00 plus interest and costs by Defendant on his own behalf, for educational services and benefits at Plaintiff's institution. A copy of Note #3 is attached hereto as Exhibit "C." 6. On or about December 8, 1988, Defendant entered into an additional Promissory Note - Federal Perkins Loan Program (Note #4) with Plaintiff for the financing of $3,080.00 plus interest and costs by Defendant on his own behalf, for educational services and benefits at Plaintiff's institution. A copy of Note #4 is attached hereto as Exhibit "D." 7. Note #1, Note #2, Note #3 and Note #4 are funds created under Part E of Title IV of the Higher Education Act of 1965 as amended, (hereinafter the "Act") and are subject to the Act and the Federal Regulations issued under the Act. 8. As provided in the Act, Plaintiff acts in a fiduciary capacity in the handling, disbursing and collecting of funds associated with the programs under the Act. 9. The total principal for Note #1, Note #2, Note #3 and Note #4 is $7,620.00. 10. Note #1, Note #2, Note #3 and Note #4 grant Plaintiff reasonable collection and attorney's fees which Plaintiff has calculated to be $1,143.00. 11. As of October 24, 2003, the principal and interest due and payable by Defendant to Plaintiff was $10,219.21, plus interest accruing thereafter at $.96 per day. 12. As of October 24, 2003, the outstanding balance of $I0,219.21 represents the total and actual overdue value of the financing provided to Defendant under Note #1, Note #2, Note #3 and Note #4 for which Defendant has yet to pay. 13. Plaintiff has fulfilled, performed and complied with all obligations and conditions of Note #1, Note #2, Note #3 and Note #4. COUNT I BREACH OF CONTRACT 14. Plaintiff hereby incorporates by reference the averments contained in Paragraphs 1 through 13 of this Complaint. 15. Defendant breached the expressed and implied obligations, conditions and terms of agreement of Note #1, Note #2, Note #3 and Note #4 by failing to pay the amounts financed therein. WHEREFORE, Plaintiffdemands judgment against Defendant in the amount of$10,219.21, plus interest accruing $.96 per day from October 24, 2003, collection and attorneys' fees in the amount of $1,143.00 and costs of suit. COUNT II IN OUANTUM MER UIT 16. Plaintiff hereby incorporates by reference the averments contained in Paragraphs 1 through 15 of this Complaint. 17. Having requested Plaintiff to loan money, and doing so to the benefit of Defendant, Defendant became liable to Plaintiff for said money. 18. Defendant has been unjustly enriched by accepting said money without paying Plaintiff reasonable compensation therefor. 19. As of October 24, 2003, the total amount by which Defendant has become enriched is $10,219.21, plus interest in the amount of $.96 per day from October 24, 2003. WHEREFORE, Plaintiff demands judgment against Defendant Victor F. Valcik in the amount of $10,219.21, plus interest accruing $.96 per day from October 24, 2003, collection and attorneys' fees in the amotmt of $1,143.00 and costs of suit. David R. Galloway ~ [ Carlisle, PA 17013-3093 (717) 243-3341 Attorneys for Plaintiff Date: November 3, 2003 NDSL - TRUTH-IN-LENDING STATEMENT DICKINSON COLLEGE Account Number Name of Borrower Address 2177-05 Victor Valcik R. D 3. Box 125 Stewartstown, PA 17363 ANNUAL PERCENTAGE RATE The cost of your as a yearly AMOUNT FINANCED The amount of credit provided to you. Prior to During repayment repayment 0 % , '"-5"~ % $ 1,500.00 Itemization of the Amount Financed: $ 1,500.00 Amount given directly to you.I Late Charge: Prepayment. If a payment is late, you may be charged: $i.00 for the first late payment, and $2.00 for each subsequent late payment if this loan is payable monthly, $3.00 for each late payment if this loan is payable bimonthly, $6.00 for each late paymen~ if this loan is payabl~ quarterly. If you pay off early, you will not have to pay a penalty. See your promissory note for any additional information about nonpayment, de- fault, any required repayment in full before the scheduled date, and pre- payment. B×HIBIT "A" NDSL Statement of Borrower's Rights and Responsibilities A National Direct Student Loan is a serious legal obligation. ;Fherefoke., it is extremely important that you understand your rights and responsibilities. When you, the student borrower, sign this statement it means that you do understand your responsibilities, and you agree to honor them. l. I understand that I must, without exception~ report any of the following changes to the Business Office, Dickinson College, Carlisle, Pennsylvania 17013, phone (717) 245-1249. (a) If I withdraw from school. (b) If I txansfer to another school. (c) If I drop below half-time status. (d) If I change my name (for example, because of marriage). (e) If my address, or my parents' address changes. 2. I understand that when I graduate, or withdraw from Dickinson Co[lege, I must arrange for an exit interview by calling {717) 245.1249. 3. I understand that my first monthly payment will be due six months from the time I cease to be at least a half-time student. 4. I understand that my minimum monthly payment will be at least $30.00. It may be more if the amount borrowed is suffi. eient to require larger monthly payments. 5. I understand that the ANNUAL PERCENTAGE RATE OF % will be th'~ FINANCE CHARGE based on the unpaid balance and that it will begin to accrue six months after 1 cease to be enrolled as at least a half-time student. 6. I understand that if I qualify as a Iow-income individual during the repayment period, the lending institution may, at my request, extend the repayment period for up to an additional 10 years or adjust any repayment schedule to reflect my income or both. 7. I understand the Lending Institution may permit me to pay less than the rate of $30.00 per month for a period of not more than one year where necessary to avoid hardship to me unless that action would extend the repayment period of 10 years. 8. I understand interest will not accrue, and installments need not be paid: (a) While ! am enrolled and in attendance as at least a half.time student at an institution of higher education or at a com- parable institution outside the United States approved for this purpose by the Secretary or (b) for a period not in excess of 3 years during which time I am (i) on full time active duty as a member of the Armed Forces nf the United States (Army, Navy, Air Force, Marine Corps, or Coast Guard) or an officer on full-time active duty in the Commissioned Corps of the U.S. Public Health Service (ii) in service as a Volunteer under the Peace Corps Act (iii) a Vista volunteer under Title I Part A of the domestic Volunteer Service Act (iv) a full-time volunteer in a tax-exempt organization performing sereiee comparable to the service performed by Peace Corps or ACTION agency volunteers (v) temporarily totally disabled as established by an affidavit of a qualified physician or unable to secure employ- ment because I am providing care required by my spouse who is so disabled. (e) for a period not in excess of two years during which time I am serving in an internship which is required in order that I may receive professional recognition required to begin my professional practice or service (d) The Lending Institution may, upon my application, defer or reduce any scheduled repayments if, in its opinion, extra- ordinary circumstances, such as prolonged illness or unemployment, prevent me from making such repayments. How- ever, interest will continue to accrue. 9. I understand that I am entitled to have up to the entire amount of this loan plus the interest thereon cancelled if I undertake service (a) as a full-time teacher in a public or other non.profit elementary or secondary school which is in a school district of a local educational agency which is eligible for funds under Title I of the Elementary and Secondary Education Act of 1965 and which has been dssLqnated by the Secretary in accordance with the provisions of Section 465 (a) (2) of the Higher Education Act as a school with a high enrollment of s~udents from Iow-income families, or (b) as a full-time teacher of handicapped children (including mentally retarded, hard of hearing, deaf, speech.impaired, visually handicapped, seri;msly emotionally disturbed, orthopedically impaired, children with specific learning disa- bilities or other health imps!red children who by reason thereof require special education and related services) in public or other nonprofit elementary or secondary school system. This loan will be cancelled at the following rates: 15 percent of the total principal amount of the loan plus interest on the un- paid balance will be cancelled for the first and second complete academic years of that teaching service; 20 percent of the total principal amount plus interest on the unpaid balance for the third and fourth complete academic years of that teaching service; and 30 percent of the total principal amount plus interest on the unpaid balan, ce for the fifth complete academic year of that teaching. 10. I understand that I am entitled to have the entire amount of this loan plus interest theron cancelled if I undertake sar~iee as a full-time staff member of a Head Start program if: (a) that Head Start program is operated for a period which is comparable to a full year in the locality, and (b) my salary is not more than the salary of a comparable employee of the local educational agency. Cancellation will be at the rate 15 percent of the total principal amount plus the interest on the unpaid balance for each complete school year or the equivalent of service in a l-t~,ad Start program. Head Start is a preschool program carried out under section 222(a)(t) of the Economic Opportunity Act of 1964. 11. I understand that if I serve as a member of the Armed Forces of the United States (in an area of hostilities that qualified for speeiM pay under Section 3 t0 of Title 37 of the United States Code), up to 50 percent of the principal amount of this loan plus interest thereon will bi cancelled at the rate of 12% percent of the total principal amount plus interest on the unpaid 12. I understand that if I shouht die or become permanently and ~btaily disabled, the entire amount of this loan plus interest thereon shall be cancelled. 13. I understand that if I fail to repay any loan as agreed, the total loan may become due and payable immediately and legal action could be taken against me. 14. I understand that I will promptly answer any communication from Dickinson College or Wachovia Services, Inc. regarding my loan. 15. I understand I may prepay at any time. I fur~er understand that future interests will be reduced by making such payments. 16. I understand that if I cannot make payments on time, I must contact the Business Office, Dickinson College, to make ar- rangements. 17. I authorize Dickinson College to contact any school which I may at~end, to obtain information concerning my student status, my year of study, my dates of attendance, graduation, or withdrawal, my transfer to another school, or my current address. I certify I am aware of the amount of money which I have borrowed and of my responsibilities for its repayment. I further gertify that I am aware of the procedures t9 be followed when making payments and~or requesting deferment from such pa~fme~Zt when and if appropriate. I further certify I have read and understand the fights'and responsibilities on this form and tha~ I ~ill a~here to them. I certify~ infFt~ation supplied by me on this form is true and correct to Signature of Lending I~stitution Representative Form SBRR-11/81 DIC, KINSON COLLEGE CAt[LISLE, PENNSYLVANIA 17,013 PROMISSORY NOTE NAF£ONAL DIRECT STUDENT LOAN PROGRAM 1. V~cror Valrik I. GENERAL V. DEFAULT VII. CAN CELI,ATION FOR TEACHING VIII. IIEAD START CANCELLATION IX. MILITARY CANCELLATION X~ DEATN AND DISABILITY CANCELLATION CHANGE IN NAME, ADDRESS, AND SOCIAL SECURITY NUMBER XIL PENALTY CHARGE XIII. ASSIGNMENT XIV, PRIOR LOANS NDSL - TRUTH-IN-LENDING STATEMENT DICKINSON COLLEGE Account Number Name of Borrower Address ANNUAL PERCENTAGE RATE The cost of your credit as a yearly AMOUNT FINANCED The amount of credit provided to you. Prior to During repayment repayment J % / Itemization of the Amount Financed: $ /,-~C/0 Amount given directly to you. Late Charge: If a payment is late, you may be charged: $1.00 for the first late payment, and $2.00 for each subsequent late payment if this loan is payable monthly, $3.00 for each late payment if this loan is payable bimonthly, $6.00 for each late payment if this loan is payable quarterly. Prepayment: If you pay off early, you will not have to pay a penalty. See your promissory note for any additional information about nonpayment, de- fault, any required/.~epayment in ful~l before the scheduled date, and pre- payment. DICKINSON COLLEGE CARLISLE, PENNSYLVANIA 17013 PROMISSORY NOTE VII. CANCELLATION FOR TEACHING VIII. HEAD START CANCELLATION IF,. MILITARY CANCELLATION DEATH AND DISABILITY CANCELLATION XI, CHANGE IN NAME, ADDRESS, AND SOCIAL SECURITY NUMBER XIL PENALTY CHARGE XIIL ASSIGNMENT XIV. PRIOR LOANS NDSL - TRUTH-IN-LENDING STATEMENT DICKINSON COLLEGE Account Number Name of Borrower Address 000-00-2177-06 Victor F. Valcik R.D. #3, Box 125 Stewartstown, PA 17363 ANNUAL PERCENTAGE RATE The cos~ of your credit as a yearly rate. AMOUNT FINANCED The ~mount of credit provided to you. Prior to Du~ing repayment repayment 0 % 5 $ 1,540.00 Itemization of the Amount Financed: $1,540.00 Amount given directly to you Late Charge: If a paymen= ia late, you may be charged: $1.00 for the firs~ late payment, and $2.00 for each suhsequcnt late payment if this loan is payable monthly, $3.00 for each late payment if this loan is payable bimonthly, $6.00 for each late payment if this loan is payabl? quarterly. Prepayment: If you pay off early, you will not have to pay a penalty. See your Promissory no~e for any additional information about nonpayment, de- fault, any required repayment in full before the scheduled date, and pre- payment. THE BORROWER A~K~OW-LEDGE$ R~E~F~PT DATE ~'~ .0/ ~ REPRESENTATIVE OF AN EXACT COPY OF THIS STATEMENT. U~KtN~UN CULL~E CARLISLE, PENNSYLVANIA 17013 PROMIS$OFIY NOTE - PREVIOUS 'BORFIOWI:R PERKINS LOAN PROGRAM (formerly National Direct Student Loan) I, Victor Valcik pTomise to pay [o PERKINS (NDSL) TRUTH-IN-LENDING, STATEMENT DICKINSON COLLEGE Account Number Name of Borrower Address 2177-06 Victor F. Valcik R.D. #3, Box 125 Stewartstown, PA 17363 ANNUAL pERCENTAGE RAT~ The cos: of your credit as a 7earl7 A~OUNT FINANCED The amount of to you. Prior to Dur~n$ 0 % 5 Z $ 3,080.00 Izem/za=ion of =he Amount Financed: $3,080.00 Amount Siren directly to you. Late CharEe: If a pa~men~ is late, you may be oharge~: $I.00 for =he firs: la:e pa)men=, and $2.00 for each subsequent laze pa~men= if =his loan is payable monthly, $3.00 for each late pa~meu= this loan is payable bimonthly, $6.00 for each late if th/s loan is payable quarterly. Prepayment~ If you pay off early, you %rill not have to pay a penalty. See your promissor~ note for any additional information about nonpayment, fault, any required repaImen= in full before the scheduled daze, and pre- THE BORROWER~C~NO~DGES/RL~Tz~0F AN E.~%ACT COPY OF THIS STATeMeNT. DICKINSON COLLEGE CARLISLE, PENNSYLVANIA 17013 PROMISSORY NOTE- PREVIOUS BORROWER PERKINS LOAN PROGRAM (formerly National Direct Student Loan) t. $1,540,00 z $1,540.00 VIII. HP-AD START VERIFICATION I, THOMAS MEYER, Assistant Treasurer of Dickinson College, acknowledge that 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 l knowingly make false averments, I may be subject to criminal penalties. Dickinson College Thomas Meyer Assistant Treasurer of Dickinson College Dated: CERTIFICATE OF SERVICE I, Marti Iben, an authorized agent ofMartson DeardorffWilliams & Otto, hereby certify that a copy of the foregoing Complaint was served this date by depositing same in the Post Office at Carlisle, PA, regular mail, postage pre-paid, addressed as follows: Victor F. Valcik 5562 Hobart Street, #504 Pittsburgh, Pennsylvania 15217 MARTSON DEARDORFF WILLIAMS & OTTO Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: November 3, 2003 SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2003-05813 P COMMONWEALTH OF PENNSYLV~2qIA: COUNTY OF CUMBERLAND DICKINSON COLLEGE VS VALCIK VICTOR F R. Thomas Kline duly sworn according to law, and inquiry for the within named DEFENDANT VALCIK VICTOR F 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 December 8th 2003 , this office was in receipt of the attached return from ALLEGHENY Sheriff's Costs: Docketing 18.00 Out of County 9.00 Surcharge 10.00 Dep Allegheny Co 50.00 Notary 3.00 90.00 12/08/2003 MDW&O Sworn and subscribed to before me this /0 ~ day of ~.~i~_~ o~6v3 '$ A. D. ~' ~ Prothonotary' - So answers~- ..... i~2 ~j-~- __~ R. Thomas Kline Sheriff of Cumberland County In The Court of Common Pleas of Cumberland County, Pennsylvania Dickinson College VS. Victor F. Valcik SERVE: s~me No. 03-5813 civil Now, November 7, 2003 hereby depuflze the Sheriff of Allegheny deputation being made at the request and risk of the Plaintiff. SheritT of Cumberland County, PA ,13 SHERIFF OF CUMBERLAND COUNTY, PA, do County to execute this Writ, tb2s NOW~ within upon at by handing to a and made known to Affidavit of Service ,20 ,at o'clock M. served the copy of the original So answers, the contents thereof. Sworn and subscribed before me this __ day of ,20 Sheriff of County, PA COSTS SERVICE MILEAGE AFFIDAVIT /,C) ' ALLEGHENY COUNTY SHERIFF'S DEPARTMENT 436 GRANT STREET PITTSBURGH, PA 15219-2496 ~.~ ,/ PHONE (412) 350.4700 PETER R. DEFAZ, O FAX (412)350-6388 Sheriff , L DEFT.: GARNISHEE: ADDRESS: MUNICIPALITY OR CITY WARD: ./~ DATE: .HON.: INDICATE TYPE OF SERVICE: VS. DENNIS SKOSNIK Chief Deputy CASE#: EXPIRES: SUMMONS/PRAECIPE SEIZURE OR POSSESSION NOTICEAND COMPLAINT REVIVAL OR SCI FA INTERROGATORIES EXECUTION · LEVY OR GARNISHEE OTHER PERSONAL } PERSON IN CHARGE ~ DEPUTIZE ~! MAIL ~ POSTED ~IOTHER 3 LEVY _~ SEIZED&STORED NOW: 20 SHERIFF OF ALLEGHENY COUNTY, PA do hereby deputize the Sheriff ot Coun~ to execute this Wdt and make return thereof according to law NOTE: ONLY APPLICARLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN - Any deputy sheriff levying upon or attaching any property under within writ may leave same without a watchman, in custody of whomever is found in possession, after notifying person of levy or attachment, with out liability on the part of such deputy herein for any loss, destruction or removal of any such property before sheriff's sale therof. Seize, levy, advertise and sell all the personal property of the defendant on the premises located at: MAKE MODEL MOTOR NUMBER SERIAL NUMBER LICENSE NUMBER SHERIFF'S OFFICE USE ONLY hearby CERTIFY and RETURN tha. t on the ~:~'-.~ day of c~M.Ioc~. Address N ~j' , 20 /I o,- Above/Address Below, County of Allegheny, Pennsylvania have served in the manner Described below: :~ Defendant(s) personally served. ~ Adult family member with whom said Defendant(s) reside(s). Name & Relationship ~ Adult in charge of Defendant's residence who refused to give name or relationship. 2 Manager/other person authorized to accept deliveries of United States Mail ~ Agent or person in charge of Defendant(s) office or usual place of business. , at Q Other Q Property Posted ,~/ Defendant not found because: ,2 Moved/~'Unknown ,2 No Answer Q Certified Mail ,2 Receipt / ~,,2 Envelope Returned ~1 Regular Mail Why You are hereby notified that on Possession/Sale has been set for __ ,~ N~ither receipt or envelope retuned', writ expired _, levy was made in the case of ,20. at o'clock YOU MUST CALL DEPUTY ON THE MORNING OF SALE/POSSESSION BETWEEN 8:30.9:30 A,M. ATTEMPTS / / / / / PETER R. EFAZIO, er~ff Additional Costs Due $ , This is I./J~E ~ ' placed on writ when retume~ to Prothonotary. Pleas~ ,.I,-..ck BY' before satisfying case. j ~. 'f ~ N~??[ial S~.a~ .... ' I ~,. Affirmed and subscribed before me / L this day of N ......... [ My~r~xpires lu,le lq. ~T~ICT: _ ~~TV~3t/a~''V '¢2¢"~--~'"~ White Co.¥- Sheriff Pink Copy-Attorney DICKINSON COLLEGE, Plaintiff VICTOR F. VALCIK, Defendant 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03- 5813 C1VIL ACTION-LAW JURY TRIAL OF TWELVE DEMANDED PRAECIPE Please reinstate the attached Complaint against Victor F. Valcik, in the above-captioned action and return same to the undersigned for service. David R. Galloway, Esquire I. D. Number 87326 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Date: December 22, 2003 Attorneys for Plaintiff DICKINSON COLLEGE, Plaintiff VICTOR F. VALCIK, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03- 5813 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 Victor F. Valcik on December 23, 2003, by certified mail, restricted delivery, return receipt requested. Attached is the Post Office return receipt signed "Victor Valcik" and dated December 29, 2003, and a copy of the receipt showing the cost of service was $8.84. MARTSON DEARDORFF WILLIAMS & OTTO David R. Galloway, Esquire\ I.D. No. 87326 Ten East High Street Carlisle, PA 17013-3093 (717) 243-3341 Date: January 7, 2003 Attomeys for Plaintiff crt ~ Retum RecJept Fee ' S1.~ /I C ' ~ ~ ~ ~ ~? .............. ~"~'~-/-~-~ ............ =~: ........ CERTIFICATE OF SERVICE I, Tricia D. Eckenroad, an authorized agent for Martson Deardorff Williams & Otto, hereby certify that a copy of the foregoing Praecipe was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Mr. Victor F. Valcik 3805 Baker Avenue Abingdon, MD 21009 MARTSON DEARDORFF WILLIAMS & OTTO Eck~nroad ' Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: January 7, 2003 SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2003-05813 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DICKINSON COLLEGE VS VALCIK VICTOR F R. Thomas Kline duly sworn according to law, and inquiry for the within named DEFENDANT VALCIK VICTOR F 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 January 23rd , 2004 , this office was in receipt of the aEKached return from ALLEGHENY Sheriff's Costs: Docketing 18.00 Out of County 9.00 Surcharge 10.00 Dep Allegheny Co 50.00 Notary 3.00 90.00 01/23/2004 MDW&O Sworn and subscribed to before me this ~7- day of ~ ! ; Prothonotary~ R~. Thomas Kline ~ Sheriff of Cumberland County In The Col~rt of Common Pleas of Cumberland County, Pennsylvania Dickinson College VictorV~. Valcik No. 2003-5813 Civil Term Now, Dec. 23, 2003 ,20 ,I, SHERIFF OF CUM]BERLAND COUNTY, PA, do hereby deputize the Sheriff of Allegheny County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff ~f Cumberland County, PA ]~OW~ within upon 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 COSTS SERVICE MILEAGE AFFIDAVIT County, PA ~ DETER R. DEFAZIO Sheriff.__ .DEFT.: ~.~,~} - DEFT.: DEFT.: 'GARNISHEE: MUNICIPALITY OR CITY WARD: DATE: /- 2o ALLEGHENY COUNTY SHERIFF'S DEPARTMENT 436 GRANT STREET P TS.URGH, PA 152 9-2496 &/ PHONE (412)350-4700 FAX (412)350-6388 ATTY: ADDRESS: INDICATE TYPE OF SERVICE: DENNIS SKOSNIK .,-, Chief Deputy EXPIRES: ~ SUMMONS/PRAECIPE SEIZURE OR POSSESSION NOTICE AND COMPLAINT REVIVALOR SCl FA INTERROGATORIES EXECUTION, LEVY OR GARNISHEE OTHER PERSONAL ~1 PERSON IN CHARGE ~ DEPUTIZE .J MAIL ~ POSTED .J OTHER 3 LEVY .~ SEIZED&STORED NOW: 20 I, SHERIFF OF ALLEGHENY COUNTY, PA do hereby deputize the Shedff 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 ~n possession, after notifying person of levy or atlachment, with out liability on the part of such deputy herein for any loss, destruction or removal of any such proper~y before sheriff's sale tnerof. Seize, levy, advertrse and sell all the personal property of the defendant on the premises located at: MAKE MODEL MOTOR NUMBER SERIAL NUMBER LICENSE NUMBER SHERIFF'S OFFICE USE ONLY I hearby CERTIFY and RETURN that on the ~"~" day of . o"cloc~P.M.~ Address Above/A~[:i~ress Below, Co~:Tr~ of Allegheny, I I have served in the manner Described below: 23 Defendant(s} personally served. -J Adult family member with whom said Defendant(s) reside(s). Name & Relationship :~ Adult in charge of Defendant's residence who refused to give name or relationship. q Manager/other person authorized to accept deliveries of United States Mail 3 Agent er person in charge of Defendant(s) office or usual place of business. ,20 Pennsylvania , at :2 Other :2 Property Posted ~ ~ _ Defendant not found because(~oved~:~ Unknown JNoAnswer (~'aacan~ g}Other ,~ Certified Mail ~ Receipt ~ ~1 Envelope Returned ~ 3 Neither receipt or envelope retuned: writ expired :~ Regular Mail Why t,..;4 ,, You are hereby notified that on , levy was made in the case of Possession/Sale has been set for ,20 at o'clock YOU MUST CALL DEPUTY ON THE MORNING OF SALE/POSSESSION BETWEEN 8:30 - 9:30 A.M. A'I-r'EM PTS __ / /_ / / / Additional Costs Due $ , This is PETER R. DEFAZIO, Sheriff before satisfying case. Affirmed and subscribed before me She~ a 1~ O'B~Sen, Notary Public .-~ 'Member, PennsylveniaA'~s°clati0n~?~aeri~opy Sheriff Pink Copy- Atto,ney DICKINSON COLLEGE, : Plaintiff : VICTOR F. VALCIK, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03- 5813 CWIL ACTION-LAW JURY TRIAL OF TWELVE DEMANDED PRAECIPE TO SETTLE~ DISCONTINUE AND END Plaintiff requests the above-captioned matter be marked settled, discontinued and ended without prejudice. IAMS Ten East High Street Carlisle, PA 17013 (717) 243-3341 & OTTO Date: February 5, 2004 Attorneys for Plaintiff CERTIFICATE OF SERVICE I, Marti Iben, an authorized agent for Martson DeardorffWilliams & Otto, hereby certify that a copy of the foregoing Praecipe was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Mr. Victor F. Valcik 3805 Baker Avenue Abingon, MD 21009 MARTSON DEARDORFF WILLIAMS & OTTO Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: February 5, 2004 ,. F.\FILES\Clients\7619 Dickinson College\7619.Collections\7619C.Current\7619C.228 Nei son-Li ttle\7619C.228.pra2.wpd/nIm DICKINSON COLLEGE, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW .°. NO. 03-5815 CIVIL TERM MICHELLE S. NELSON a/k/a, 70�. MICHELLE S. LITTLE, `-'C: Defendant JURY TRIAL OF TWELVE DEM 6- EIS F' PRAECIPE v :. TO THE PROTHONOTARY: Please mark the judgment in the above-referenced matter satisfied and the action discontinued. MARTSON LAW OFFICES By: r04 5 /C_- Christopher E. Rice, Esquire I.D. Number 90916 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff Dated: CERTIFICATE OF SERVICE I,Mary M.Price,an authorized agent of MARTSON DEARDORFF WILLIAMS&OTTO, hereby certify that a copy of the foregoing Praecipe was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Ms. Michelle Little Laumann 20 Ironstone Court, Apt. C Annapolis, MD 21409 MARTSON LAW OFFICES By: )%,Vl)A M Price en t THigh Street Carlisle, PA 17013 (717) 243-3341 Dated: /02 /,3