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Home My WebLink About03-5824DICKINSON COLLEGE, Plaintiff PAULA M. NOVELLI, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03- 3~J'2t/ ~ '-~'~ 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 4, 2003 S & OTTO By I. D. Number 87326 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff DICKINSON COLLEGE, Plaintiff PAULA M. NOVELLI, 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 PlaintiffDickinson College by and through its attorneys, MARTSON DEARDORFF WILLIAMS & OTTO, and hereby avers as follows: 1. Plaintiff Dickinson College is a Pennsylvania educational institution and nonprofit corporation with its principle place of business at West Street, Post Office Box 1773, Carlisle, Cumberland County, Pennsylvania 17013. 2. Defendant Paula M. Novelli is an adult individual with a last known address of 1166 School Street, Pittsburgh, Allegheny County, Pennsylvania. 3. On or about December 15, 1986, Defendant entered into a Promissory Note - Federal Perkins Loan Program (Note #1) with Plaintiff for the financing of $750.00 plus interest and costs by Defendant on her own behalf, for educational services and benefits at Plaintiff's institution. A copy of Note #1 is attached hereto as Exhibit "A." 4. Note #1 was created under Part E of Title 1V of the Higher Education Act of 1965 as amended, (hereinafter the "Act") and is subject to the Act and the Federal Regulations issued under the Act. 5. As provided in the Act, Plaintiff acts in a fiduciary capacity in the handling, disbursing and collecting of funds associated with the programs under the Act. 6. The total principal for Note #1 is $750.00. 7. Note #1 grants Plaintiff reasonable collection and attorney's fees which Plaintiff has calculated to be $500.00. 8. As of October 23, 2003, the principal and interest due and payable by Defendant to Plaintiff was $1,270.14, plus interest accruing thereafter at $.10 per day. 9. As of October 23, 2003, the outstanding balance of $1,270.14 represents the total and actual overdue value of the financing provided to Defendant under Note #1 for which Defendant has yet to pay. 10. Note #1. Plaintiffhas fulfilled, performed and complied with all obligations and conditions of COUNT I BREACH OF CONTRACT 11. Plaintiff hereby incorporates by reference the averments contained in Paragraphs 1 through 10 of this Complaint. 12. Defendant breached the expressed and implied obligations, conditions and terms of agreement of Note #1 by failing to pay the amount financed therein. WHEREFORE, Plaintiff demands judgment against Defendant in the amount of $1,270.14, plus interest accruing at $.10 per day from October 23, 2003, collection and attorneys' fees in the amount of $500.00 and costs of suit. COUNT II IN OU/INTUM MERUIT 13. Plaintiff hereby incorporates by reference the averments contained in Paragraphs 1 through 12 of this Complaint. 14. Having requested Plaintiff to loan money, and doing so to the benefit of Defendant, Defendant became liable to Plaintiff for said money. 15. Defendant has been unjustly enriched by accepting said money without paying Plaintiff reasonable compensation therefor. 16. As of October 23, 2003, the total amount by which Defendant has become enriched is $1,270.14, plus interest in the amount of $.10 per day fi.om October 23, 2003. WHEREFORE, Plaintiff demands judgment against Defendant Paula M. Novelli in the amount of $1,270.14, plus interest in the amount of $. 10 per day from October 23, 2003, collection and attorneys' fees in the amount of $500.00 and costs of suit. S & OTTO Carlisle, PA 17013-3093 ', (717) 243-3341 Attorneys for Plaintiff Date: November 4, 2003 DICKINSON COLLEGE CARLISLE, PENNSYLVANIA 17013 PROMISSOR'~' NOTE NATIONAL DIRECT STUDENT LOAN PROGRA.M IV. PREPAYMENT V. DEFAULT VI. DEFERMENT VII. CANCELLAq~ION FORTEACtlING VIII. HEAD START CANCELLATION 1~ MILITARY CANCELLATION ~ DEATH AND DISABILITY G~CELLATION XL ~HANOE IN N~E, ADDRESS, ~D SOCIAL SEGUR~Y N~BER XIL PENALTY ~HARGE ~II. ASSIGNMENT XIV. PRIOR LOANS Account Number Name of Borrower Address NDSL - TRUTH-IN-LENDING STATEMENT DICKINSON COLLEGE ANNUAL PERCENTAGE RATE The cost of your credit as a yearly rate. AMOUNT FINANCED The amount of credit provided to you. Prior to During repayment repayment IItemization of the Amount Financed: 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 repayment in full before the scheduled date, and pre- payment. THE BORROWER ACKNOWLEDGES RECEIPT OF AN EXACT COPY OF THIS STATEMENT. STUDENT DATE 12-15-8 INSTITUTIONAL REPRESENTATIVE DATE /- ~' ~ NDSL Statement of Borrower's Rights and Responsibilities A National Direct Student Loan is a serious legal obligation. There.fore., it is extremely important that you understand your rights and responsibilities. When you, the student borrower, sign this statement it means thaf you do understand your responsthilities~ and you agree to honor them. 1. I understand that I must; without exception, report any of the following changes to the Busines~ Office, Dickinson College, Carlisle, Pennsylvania 17013, phone (717) 245-1249. (a) If I withdraw from school: (b) If I~ t~ansfer 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 pexents' address changes. 2. I understand that when I graduate, or withdraw from Dickinson College, 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- cient to require larger monthly payments. 5. I understand that the ANNUAL PERCENTAGE RATE OF ~,.~ % will be thb 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 low-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 I 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 of 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 txx-exempt organization performing service 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. merit because I am providing care required by my spouse who is so disabled. (c) 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 designated 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 students from low-income families, or (b) as a full-time teacher of handicapped children (including mentally retarded, hard of hearing, deaf, speech-impaired, visually handicapped, seriously emotionally disturbed, orthopedieally impaired, children with specific learning disa- bilities or other health intpa!red children who by reason thereof require special education and related services) in public or other nonprofit elementary or secondary school system. This loan witl be cancelled at the fo[lowing 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 anruunt 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 balaqce for the fifth complete academic year of that teaching. 10. 1 understand that I am entitled to have the entire amount of this loan plus interest theron cancelled if I undertake service 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 toeal educational agency. Cancellation will be at [he 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 Head Start program. Head Start is a preschool program carded out under section 222(a)(1) of thc Economic OpportuniW Act of 1964. I understand that if 1 serve as a memher of [i~e Armed Forces of the United States (in an area of hostilities that qualified for special pay under Section 310 of Title 37 of the United States Code), up to 50 percent of the principal amount of this loan plus interes~ thereon will be cm~celled at the rate of t2¥5 percent of the total principal amount plus interest on the unpaid balance for each complete year of sewice. 11. (over) 12. I understand that if I should die or become perm~ocntly and totally 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 dne 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 further 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- rangemehts. 17. I authorize Dickinson College to contact any school which I may attend, 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 eertify that I am aware of the procedures to be followed when making payments and/or requesting deferment from such payment when and if appropriate. I further certify I have read and understand the fights'and responsibilities on this form and that I will adhere to them. I certify the information supplied by me on. this form is true and correct to the best of my knowledge. Date Signature of Student Signature )of~~tion Representative Form SBRR-11/81 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 l knowingly make false averments, I may be subject to criminal penalties. Dickinson College Assistant Treasurer of Dickinson College Dated: F;\FIL E S\DATA F ILE~Dickinson College 7619\Dickin son CollegeCollection s7619C\DOCU men t s~224-coml .wpd DICKINSON COLLEGE, Plaintiff V. PAULA M. NOVELLI, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03- 5824 CIVIL ACTION-LAW JURY TRIAL OF TWELVE DEMANDED PRAECIPE Please reinstate the attached Complaint against Paula M. Novelli, Defendant, in the above-captioned action and return same to the undersigned for service. BY~~", 'J~xxv "way, Esq~lire { I. D. Number 87326 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Date: January 26, 2004 Attorneys for Plaintiff SHERIFF'S CASE NO: 2003-05824 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DICKINSON COLLEGE VS NOVELLI PAULA M RETURN OUT OF COUNTY R. Thomas Kline duly sworn according to law, says, that he made and inquiry for the within named DEFENDANT NOVELLI PAULA M but was unable to locate Her in his bailiwick. deputized the sheriff of ALLEGHENY County, serve the within COMPLAINT & NOTICE Sheriff or Deputy Sheriff who being a diligent search and to wit: He therefore Pennsylvania, to On January 23rd , 2004 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 01/23/200A MDW&O Sworn and subscribed to before me this ~'~ day of~,7__ ,::3~ ~ A.D. Prothonotary, this office was in receipt of the R.~ Thomas Kline Sheriff of Cumberland County In The Court of Common Pleas of Cumberland County, Pennsylvania Dickinson College IrS. Paula M. Novelli SERVE: s~ne No. 03-5824 civil Now, November 7, 2003 hereb~ deputize the Sheriff of ~%lleqheny 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 Affidavit of Service NOW', within ,20 ., at o'clock __ M. served the upon by handing to a and made known to 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 L~ PETER R. DEFAZIO Sheriff PLAINTIFF: '7'~/~-.,~'//O '~O '4''') OE~T.: G~NISHEE: MUNICIPALITY o~ CITY WARD: INDICATE TYPE OF SERVICE: ALLEGHENY COUNTY SHERIFF'S DEPARTMENT 436 GRANT STREET P,rrs.u.G.. PA 15219-2496 PHONE (412) 350-4700 FAX (412) 350-6388 DENNIS SKOSNIK CASE#: 0 ,.~ ",'3'~=27ef Deputy VS. EXPIRES: :3 SUMMONS/PRAECIPE -* SEIZURE OR POSSESSION :~ NOTICEAND COMPLAINT / Q REVIVAL OR SCI FA ' ~} INTERROGATORIES EXECUTION* LEVY OR GARNISHEE OTHER D. PERSONAL -i PERSON IN CHARGE ~ DEPUTIZE J MAIL J POSTED JOTHER ~ LEVY 3 SEIZED& STORED NOW: 20 _ SHERIFF OF ALLEGHENY COUNT'S, 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 notifying person of levy or atiachment, 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 defeodant 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 "~0 7~fay~of ~__~'~-~~ ,2Oddly/ ,at ~.~'~--~-P o'clock, A.M.f~./~Address Above/Address Below, County of Allegheny, Pennsylvania I have served in the manner Described below: ~ Defendant(s) personally served. ,~ Adult family member with whom said Defendant(s) reside(s), Name & Relationship ~ Adult in charge of Defendant's residence who refused to give name or relationship. 3 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, -I Other -~ Property Posted Defendant not found because: Q Moved ~ Certified Mail ~ Receipt :~ Regular Mail Why You are hereby notified that on Possession/Sale has been set for Unknown "~No Answer ~} Vacant Q Other 3 Envelope.Returned .3 Neither receipt or envelope retuned: writ expired __, levy was made in the case of ,20__ at __ o'clock Oyo~JST CALL DEPUTY QN THE MOJ~NING OF SALE/POSSESSION BETWEEN 8:30 · 9:30 PETER R. D FAZI · Additional Costs Dues ,This is I. D/~ -- placed on writ when retumed to Prothonotar'y, Please check B~V: J_,~ before satisfying case. x ~ 4: , lZ~ ~ ~ ! lo,PUnY) A""irreed and subscribed before =. I "")~i~'~'~blic .DISTRICT: Notary Pink Copy - Attorney SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2003-05824 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DICKINSON COLLEGE VS NOVELLI PAULA M R. Thomas Kline duly sworn according to law, says, that he made and inquiry for the within named DEFENDANT NOVELLI PAULA M but was unable to locate Her in his deputized the sheriff of ALLEGHENY serve the within COMPLAINT & NOTICE Sheriff or Deputy Sheriff who being a diligent search and , to wit: bailiwick. He therefore County, Pennsylvania, to On March 4th , 2004 this office was in receipt of the attached return from ALLEGHENY Sheriff's Costs: Docketing 18.00 Out of County 9.00 Surcharge 10.00 Dep Allegheny Co 50.00 Notary 3.00 90.00 03/04/2004 MDW&O Sworn and subscribed to before me this [~ day A.D. honotary In The Court of Common Pleas of Cumberland County, Pennsylvania Dickinson College VS. Paula M. Novelli 03-5824 civil SERVE: same No. NOW, February 9, 2004 hereby deputize the Sheriff of Allegheny deputation being made at the request and risk of the Plaintiff. , I, SHERIFF OF CUMBERLAND COUNTY, PA, do County to execute this Writ, this Sheriff of Cumberland County, PA Please serve by 2126/04 Affidavit of Service Now~ within upon at by handing to a and made known to ,20 , at o'clock __ M. served the copy of the original the contents thereof. So answers, Sworn and subscribed before me this __ day of ,20 Sheriff of County, PA COSTS SERVICE MILEAGE AFFIDAVIT ~/~--P~ETER R. DEFAZIO DEFT.: ~ DEFT.: GARNISHEE:.~ , , MUNICIPALITY oI'N~ITY WARD: DATE: C I/ A~rY'S PHONE: ALLEGHENY COUNTY SHERIFF'S DEPARTMENT 436 GRANT STREET . ~ / ~ PrrTs. U.GH, PA 15219-2496 I I I J-J! PHONE (412) 350-4700 ~ [ ~ ~ ~ INDICATE TYPE OF SERVICE: FAX (412) 350-6388 Al-i-Y: ADDRESS: EXPIRES: SUMMONS/PRAECIPE SEIZURE OR POSSESSION NOTICEAND COMPLAINT REVIVAL OR SCI FA INTERROGATORIES EXECUTION, LEVY OR GARNISHEE OTHER PERSONAL :~ PERSON IN CHARGE ~ DEPUTIZE :J MAIL J POSTED .J OTHER ~ LEVY -~ 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 notifying person of levy or attachment, with out liability on the part of such deputy herein for any loss, destruction or removal of any such property before sheriff's sale therof. Seize, levy, advertise and sell all the personal property of the defendant on the premises located at: MAKE MODEL MOTOR NUMBER SERIAL NUMBER LICENSE NUMBER SHERIFF'S OFFICE USE ONLY I hearby CERTIFY and RETURN;a(~n the~/__~ day of /~.~ ,20~__, at o'cloc~A.M~. P.M Address Above/Address Below, County of Allegheny, Pennsylvania I have served in the manner Described below: -i 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. ~) Manager/other person authorized to accept deliveries of United States Mail Q Agent or person in charge of Defendant(s) office or usual place of business. Q Other Q Property Posted Defendant not found because: 3 Moved -) Certified Mail :3 Receipt Q Regular Mail Why ,/~nown ~1 No Answer :3 Vacant nvelope Returned Neither receipt or envelope retuned: writ expired 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-rEMPTS / / / .~'~ /'~ / , This iS PETE/FIJ ~R. DEFA~E,O, Sheriff/ pl~ on wffi ~ mtu~ to Prothono~. Affirmed and subscri~d ~fore me (;h~ ~ Pi:~h,, gJ~ ~l~',~i~¢ny Coun~I~TRICT: ~ .. ~ [ / this dayof FEB 2 MeT*er, Pennsylvania ~ciati~ Ol NO~ White Copy - Sheriff ~ink Copy - Attorney Nota~ DICKINSON COLLEGE, Plaintiff V. PAULA M. NOVELLI, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03- 5824 CIVIL ACTION-LAW JURY TRIAL OF TWELVE DEMANDED PRAECIPE Please reinstate the attached Complaint against Paula M. Novelli, Defendant, in the above-captioned action and return same to the undersigned for service. Date: July 28, 2004 MARTSON DEARDORFF WILLIAMS & OTTO By I. D. Number 87326 Ten East High Street Carlisle, PA 1701:3 (717) 243-3341 Attorneys for Plaintiff DICKINSON COLLEGE, Plaintiff PAULA M. NOVELLI, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03- 5824 CWIL ACTION-LAW JURY TRLa. L OF TWELVE DEMANDED PRAECIPE TO SETTLE AND DISCONTINUE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please mark the above captioned case settled and discontinued and issue a certificate reflecting same. David R. Gallow~ I. D. Number 87326 Ten East High Street Carlisle, PA 17013 (717) 243-3341 S & OTTO Esquire Date: September 10, 2004 Attorneys for Plaintiff CERTIFICATE OF SERVICE I, Tricia D. Eckenroad, 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: Ms. Paula M. Novelli 1411 Grandview Avenue, Apt. 503 Pittsburgh, PA 15211 MARTSON DEARDORFF WILLIAMS & OTTO Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: September 10, 2004