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Home My WebLink About04-0761DICKINSON COLLEGE, Plaintiff HEATHER R. BELLIS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. CWIL 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: February 20, 2004 MARTSON DEg~I:t~R~F WILLIAMS & OTTO 1. D. Number 87326 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff DICKINSON COLLEGE, Plaintiff V. HEATHER R. BELLIS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. CWIL 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 principal place of business at West Street, Post Office Box 1773, Carlisle, Cumberland County, Pennsylvania 17013. 2. Defendant Heather R. Bellis, is an adult individual with a last known address of 124 Evelien Hill Road, Owego, NY 13827-2225. 3. On or about August 31, 1998, Defendant entered into a Promissory Note - Federal Perkins Loan Program (Note #1) with Plaintiff for the financing of $2,000.00 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 was $2,000.00. 7. Note # 1 grants Plaintiffreasonable collection and attorney's fees which Plaintiff has calculated to be $500.00. 8. As of February 5, 2004, the principal and interest due and payable by Defendant to Plaintiff was $1,784.55, plus interest accruing thereafter at $.23 per day. 9. As of February 5, 2004, the outstanding balance of $1,784.55 represents the total and actual overdue value of the financing provided to Defendant under Note #1 for which Defendant has yet to pay. 10. Plaintiff has fulfilled, performed and complied with all obligations and conditions of Note #1. COUNT I BREACFI 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 Note #1 by failing to pay the amounts financed therein. WHEREFORE, Plaintiff demands judgment against Defendant in the amount of $1,784.55, plus interest accruing at $.23 per day from February 5, 2004, collection and attorneys' fees in the amount of $500.00 and costs of suit. COUNT II IN 0 UANTUM MER UIT 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 February 5, 2004, the total amount by which Defendant has become enriched is $1,784.55, plus interest in the amount of $.23 per day from February 5, 2004. WHEREFORE, Plaintiff demands judgment against Defendant Heather R. Bellis, in the amount of $1,784.55, plus interest in the amount of $.23 per day from February 5, 2004, collection and attorneys' fees in the amount of $500.00 and costs of suit. Ten East High Street Carlisle, PA 17013-3093 (717) 243-3341 Attorneys for Plaintiff & OTTO Date: February 20, 2004 --FEDERAL PERKINS LOAN PROMISSORY NOTE 00273-000-00-3~9 1, Name (last, first, middle initial) and Permanent Address (street, city, state, zip code) Bellis, Heather R. 2. Social Security Number 3. Date of Birth 4. Area C6de/T~lephone Number 5. Driver s License Number (List state abbreviation first) 6. SchoolName&Addmss(s~eet, cR~state, zip cod~ Dickinson College P.O. ~x 1773 Carlisle, PA 17013-2896 7. Borrower Status 8. Interest Rate 9. Loan Amount: Period $2,000.00 1998-1999 TERMS AND CONDITIONS: REQUESTS FOR DEFERMENT. CANCELLATION OR FORBEARANCE - To receive deferment, cancellation, or forbearance benefits, I must make a written request LOAN(S) THAT MUST BE REPAID Borrower's Signature Date: Terms and Conditions (contJ HARDSHIP REPAYMENT OPTIO NS Upon my ~r~tten request, if I . qualify as a Iow-income individual during the repayment period, the school may extend the repayment period for up to an additioml ten (10} years and may adjust any repayment schedule to reflect my inco~ Upon my written request, the school may extend the repayment period if. in its opinion. prolonged illness or unemployment prevent me from rmkthg the scheduled repayments dunng which t~me interest will continue toaccrue. The school may permit me to pay less than the minimum monthly repayment rate for a period of not more than one year at a time if I experier~e a period of prolonged illness or unemployment except such action may not extend the repayment period beyond 10 years. GRACE PERIODS My initial grace period before be~thning repayment is 9 months. If [ am a Less-Than-Half-Time Borrower withoutstanding Federal Perkins Loans. my repayment begir~ wben the next scheduled installment of my outstanding loan is due. I/I am a Less-Than-Half-Tm~e Borrower with no outstanding Federal Perkins Loans. my repayment begins the earlier of: 9 months from the date my loan was made. or 9 months from the date [ became less than a haif-t~me student, even ff I received the loan a~ter I became a lexs than half-time student. My peyments will resume after a post-deferment grace period of 6 months that follows deferments that apply m Federal Perkins PREPAYMENT - I may prepay all or any part of my u~aid loan balance, plus any accrued interest, at any rime without penalty. Amounts I repay m the academic year in which the loan was made and before th~ ~ddal grace period considered a prepayment. If I repay amounts during the aCademic year in which the loan was made and the initial grace period ended, only those MINIMUM MONTHLY PAYMENT - I will make a rmnimum monthly repayment of $40 (or $30 if [ have outstanding Federal P~rkth. s loans made before October 1. 1992 that included the $30 minimura payment option) if any outstanding Federal Perkim loans I may have is less than the minimum monthly repayment rate established by the school, the school may still require amount will combine my obligation on this and all my outstanding Federal Perkins loans, including those made at other schools. The portion of the minimum monthly payrr~ent that will be applied to this l~an will be the owed at a monthly rate on my other Federal Perkins loans. If each school holding my outstanding Federal Perkins loans exercises the mirdmum monthly FORBEARANCE - Upon making a properly documented written request to not exceed three years, under the following condirions: If my monthly Title IV loan debt burden equals or exceeds 20% of my total monthly gro~s income; if the Secretary authorizes a period of forbearance due to a national military qualify due to poor health or for other re~sons, including sermce in AmeriCorps. Interest accrues during any period of forbearance. DEFERMEN~f$ - Upon making a properly documented written request to of study at an eligible school: enrolled and attending as a regular student a or post graduate fellov~hip-supported study outside the US; enrolled and attending a rehabilitation training program for disabled individuals approved of my loan canceled: 2) tbr a period not to exceed three years during which I CANCELLATIONS - Upon malong a properly documented to the school [ am entitled to haw up to 100% of the original principal loan amount of this loan canceled if I perform qualifying service in the areas listed in paragraphs A, B, C, D and E btlow. Qualifying Service must be performed after [ receive the loan. A. Teaching ° a full-rime teacher in a public or other nonprofit elementary or secondary school, that has been designated by the Secreta~ in accordance with the provisions of section 465{a)(~) of the Act as a school with a high concentration of students from low-income families. An official Di~ctory of designated low-income schools ix 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 ~system, who teaches mathematics, science, foreign languages, bilingual education, or any other field of exper~e that is determined by the State Department of Education to have a shortage of qualified teachem in that State. B. Early Intervention Services ° a kdl-time qualified professional provider of early intervention services in a public or other nonprofit program under public supervision by a lead agency a~ authorized by section 672(2) of the Individuals with Disabilities Education Act. Ea'fy Intervention Services are provided to infants and toddlers with disahilitl~s. C. Law Enforcement or Corr~zti~'~s Officer · a full-time law enforcement officer for an eligible local. State, o* Federal law enforcement agency; or · a full-time corrections officer for an eligible local. State. or Federal corrections agency: D. Nurse or Medical Technician · a full-time nurse providing health care services; or ° a full-time medical technician providing health care services. E. Child or Family Service Agency · a full-time employee of an eligible public or private non-profit child or family service agency who is providing or supervising the provision of services to high-risk children who am from Iow- income communities and the families of such children. Cancellation Rates For each completed year of service under paragraphs A. B, C, D and E a portion of ~ loan will be canceled at the following rates: · 15% of the original principal loan amom~t for each of the fu-st and second years; · 20% of the original princil~l loan amount for each of the third year and fourth years; and · 30% of the original principal loan amount for the fifth year. £ Head Start Cancellation - Upon making a properly d~cumented written request to the school. I am entiUed to have up to 100% of the original principal loan amount canceled for qualifying service performed after I receive the loan as: · a full-time staff meml~r in the educational component of a Head Start program which is operated for a period comparable to a full school year and 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 Cancellation 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 written r~quest to the school, I am entiUed to have up to 50% of the principal amount of this loan canceled for qualifying service performed after [ receive the loan as: · a member of the Armed Forces of the United States in an area of hostilities that qualifies for special pay under section 310 of Tide 37 of the United States Code. Cancellation Rate - For each completed year of service under the Military Cancellation provision, this loan will be canceled at the rate of 12 V2% of the original principal loan amount. H. Volunteer Service Cancellation - Upon making a properly documented written request to the school, ! arn entitled to have up to 70% of the original principal loan amount of this loan canceled for qualifying service performed after ! received the loan as: · a volunteer under the Peace Corps Act; · a volunteer under the Dmnestic Volunteer Service Act of 1973 (ACTION programs). Cancellation Rate - For each completed year of service under the Volunteer Set. ce Cancellation provision, a portion of this loan will be canceled at the following rates; · 15% of the original pnncipel lo~n amount for each of the first and second 12-month periods of ~ervice; and · 20°/~ of the original principal loan amount for each of the third and fourth 12-month periods of service. I. Death and Disability Cancellation [n the event al my death the school will cancel the total amount owed on this loan [f ! became pem~anently and totally disabled after ] receive this loan the school will cancel the total amount owed on this Inan PERKINS (NDSL) TRUTH-IN-LENDING STATEMENT DICKINSON COLLEGE Account Number 00273-000-00-3468-09 Name of Borrower Heather R. Bellis A~N-NUAL 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 0 %. 5 % $ 2,000.00 Itemization of the Amount Financed: $ 2,000.00 Amount given directly to you. Late Charge: If a payment is late, you may be charged: $1.00 for the first la=e payment, and $2.00 for each subsequent late payment if this loan is payable monthly, $3.00 for each late paymen= 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 da~e, and pre- payment. T~IE BORROW-ER A~--z~NOWLEDGES RECEIPT OF AN EXACT COPY OF THIS STATE)lENT. BORROWER /~ REPRESENTATIVE 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 cotmsel in the preparation of this lawsuit. The language of this Complaint is that of counsel and not my own. I have read the document and to the extent that this Complaint is based upon information which I have given to my counsel, it is true and correct and to the best of my knowledge, information and belief. To the extent that the content of this Complaint is that of counsel, I have relied upon counsel in making this Verification. This statement and Verification are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities, which provides that if I knowingly make false averments, I maybe subject to criminal penalties. Dickinson College Tho~ ~ Assistant Treasurer of Dickinson College Dated: CERTIFICATE OF SERVICE I, Martha-Anne Iben, an authorized agent of Martson 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: Heather R. Bellis 124 Evelien Hill Road Owego, NY 138277-2225 MARTSON DEARDORFF WILLIAMS & OTTO Martha-Anne lben Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: February 20, 2004 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DICKINSON COLLEGE, Plaintiff HEATHER R. BELLIS, Defendant CIVIL ACTION - LAW NO. 04-761 PRAECIPE TO ENTER APPEARJ~NCE To the Prothonotary: Please enter my appearance on behalf of the Defendant, Heather R. Bellis, in the above- captioned matter. Respectfully submitted, Dated: May 5, 2004 HANFT & lC,NIGHT, P.C. '-'~-ean M. Shultz, Esquire Attorney ID No. 90946 19 Brookwood Avenue, Suite 106 Carlisle, Petmsylvania 17013-9142 (717) 249-52373 Attorney for Defendant iN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DICKINSON COLLEGE, Plaintiff No. 04-761 Civil Action - Law 6. Admitted. pleading is required. HEATHER R. BELLIS, Defendant ANSWER AND NOW, this 19th day of May, 2004, comes the Defendant, Heather R. Bellis, by and through her counsel, Sean M. Shultz, Esquire, of Hanft and Knight, P.C., and files the following Answer to Plaintiffs' Complaint, and in support thereof avers as follows: 1. Admitted. 2. Denied. By way of further answer, the address of Defendant, Heather R. Bellis is 53 Ithaca Street, Wavefly, New York 14892. 3. Admitted in part; denied in part. It is admitted that on or about August 31, 1998, Defendant entered into a Promissory Note under the Federal Perkins Loan Program (Note # 1). It is denied that Defendant financed any more than the principal of :$2,000.00. Furthermore, Note #1 speaks for itself. 4. Paragraph 4 of Plaintiff's Complaint is a statement of law to which no responsive pleading is required. 5. Paragraph 5 of Plaintiff's Complaint is a statement of law to which no responsive 7. Denied. It is denied that $500.00 for collection and attorneys fees is reasonable. Furthermore, Note #1 speaks for itself. 8. Defendant is without knowledge or information sufficient to answer the averment in Paragraph 8 of Plaintiff's Complaint. Therefore, Paragraph 8 of Plaintiff's Complaint is specifically denied and strict proof thereof is demanded at trial. 9. Defendant is without knowledge or information sufficient to answer the averment in Paragraph 9 of Plaintiff's Complaint. Therefore, Paragraph 9 of Plaintiff's Complaint is specifically denied and strict proof thereof is demanded at trial. 10. Denied. COUNT I BREACH OF CONTRACT 11. Paragraph 11 of Plaintiffs Complaint is a paragraph of incorporation, and therefore requires no responsive pleading. To the extent that a responsive pleading should be required, Defendant hereby incorporates by reference the averments contained in Paragraph 1 through 10 of this Answer. 12. Denied. WHEREFORE, Defendant respectfully requests that this Honorable Court find in favor of Defendant and against Plaintiff, and dismiss Count I of Plaintiff's Complaint. COUNT II IN QUANTUM MERUIT 13. paragraph 13 of Plaintiff's Complaint is a paragraph of incorporation, and therefore requires no responsive pleading. To the extent that a responsive pleading should be required, Defendant hereby incorporates by reference the averments contained in Paragraph 1 through 12 of this Answer. 14. Admitted in part; denied in part. It is admitted that: Defendant requested the loan of money to her benefit. It is denied that Defendant is liable to Plaintiff for the amount of money requested in Plaintiff's Complaint. 15. Denied. 16. Denied. WHEREFORE, Defendant respectfully requests that this Honorable Court find in favor of Defendant and against Plaintiff, and dismiss Count II of PlaintiflTs Complaint. Respectfully submitted, HANFT & KNIGHT, P.C. ~~ulre Attome31 D No '~ 19 Brookwood Avenue, Suite 106 Carlisle, Pennsylvania 17013-9142 (717) 249-5373 Attorneys for Defi~ndant VERIFICATION I verify that the statements made in the foregoing Petition :are true and correct to the best of my knowledge, information and belief. This Verification is made by Defendant's counsel based upon information provided by Defendant to Defendant's counsel regarding the factual averments contained herein. I understand that false statements herein are made subject to the penalties of 18 Pa. C. S. Section 4904, relating to unswom falsification to authorities. ~'~'~-M. Shultz, Esquire 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYEVANIA DICKINSON COLLEGE, No. 04-761 Plaimiff v. Civil Action - Law HEATHER R. BELLIS, Defendant CERTIFICATE OF SERVICE AND NOW, this 19th day of May, 2004, I, Sean M. Shultz, Esquire, hereby certify that I have this day served the following person with a copy of the foregoing Answer by first class, United States Mail, postage pre-paid, addressed as follows: David R. Galloway, Esquire MARTSON DEARDORFF WILLIAMS; & OTTO Ten East High Street Carlisle, Pennsylvania 17013 Attorney for Plaintiff HANFT & KNIGHT, P.C. <~-~aean M Shultz, £'squire Attorney I.D. No. 90946 19 Brookwood Avenue, Suite 106 Carlisle, Pennsyh,ania 17013 -9142 (717) 249-5373 Attorneys for Defendant DICKINSON COLLEGE, : Plaintiff : V. HEATHER R. BELLIS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND, COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 04-761 CIVIL TERM JURY TRIAL OF TWELVE DEMANDED STIPULATION AND AGREEMENT FOR ENTRY OF JUDGMENT AND NOW, comes Plaintiff DICKINSON COLLEGE, by and through its attorneys, MARTSON DEARDORFF WILLIAMS & OTTO, and Defendant HEATHER R. BELLIS, by and through her attorneys, HANFT & KNIGHT, P.C., who stipulate and agree as follows: 1. Pa. R.C.P. 1037 (c) provides that in all cases, the: Court, on motion of a party, may enter an appropriate judgment against a party upon admission. 2. Defendant agrees and admits that Judgment should be entered against her in fav°r °f plaintiffin the mount of $2,062.15, plus costs of suit and interest of $.23 accruing per day from date of Judgment. 3. The parties agree that the Court, upon motion of Plaintiff, may enter Judgment pursuant to this Stipulation without issuance of a Rule to ,~how Cause, and without further proceedings or notice. ' B Sean M. Shultz, Esquire ~ Hanft & Knight, P.C. 19 Brookwood Ave., Ste. 106 Carlisle, PA 17013 -9142 (717)249-5373 Martson Deardorff Williams 8d Otto Ten East High Street Carlisle, PA 1'7013-3093 (717) 243-3341 Attorney for Defendant Date: Attorney for Plaintiff DICKINSON COLLEGE, Plaintiff HEATHER R. BELLIS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CWIL ACTION - LAW NO. 04~761 CWIL TERM JURY TRIAL OF TWELVE DEMANDED ORDER OF COURT "I AND NOW, thi ay of I ~o D ,2004, upon consideration of the attached Stipulation, judgment is hereby entered in favor of Plaintiff, Dickinson College, against Defendant, Heather R. Bellis, in the mount of $2,062.15, plus costs of suit and interest of $.23 accruing per day from date of Judgment. Prothonotary is directed to enter and index this judgment accordingly. BY THE COURT, ,J. for Plaintiff: ~l~avid R. Galloway, Esquire Ten East High Street Carlisle, PA 17013 for Defendant: t~an M. Shultz, Esquire Hanft & Knight, P.C. 19 Brookwood Avenue Carlisle, PA 17013 DICKINSON COLLEGE, Plaintiff V. HEATHER R. BELLIS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CWIL ACTION - LAW NO. 04-761 CWIL TERM JURY TRIAL OF TWELVE DEMANDED STIPULATION AND AGREEMENT FOR ENTRY OF JUDGMENT AND NOW, comes Plaintiff DICKINSON COLLEGE, by and through its attorneys, MARTSON DEARDORFF WILLIAMS & OTTO, and Defendant HEATHER R. BELLIS, by and through her attorneys, HANFT & KNIGHT, P.C., who stipulate and agree as follows: 1. Pa. R.C.P, 1037 (c) provides that in all cases, the Court, on motion of a party, may enter an appropriate judgment against a party upon admission. 2. Defendant agrees and admits that Judgment should be entered against her in favor of Plaintiffin the amount of $2,062.15, plus costs of suit and interest of $.23 accruing per day fi'om date of Judgment. 3. The parties agree that the Court, upon motion of Plaintiff, may enter Judgment pursuant to this Stipulation without issuance of a Rule to Show Cause, and without further proceedings or notice. / ,~ Bsean~:' M. Shultz, Esquire ( // Hanft & Knight, P.C. ~ 19 Brookwood Ave., Ste. 106 Carlisle, PA 17013-9142 (717)249-5373 Ten East High Street Carlisle, PA 17013-3093 (717) 243-3341 Attorney for Defendant Attorney for Plaintiff F:kFILES~DATAFILE~DickinsonCollege7619\Collectiorm\Current\236 pta3 Created: 11/15/04 0:10PM Revi~ed: 11/18/04 2'0~PM 7619C.236 David R. Galloway, Esquire MARTSON DEARDORFF WILLIAMS & OTTO Ten East High Street Carlisle, PA 17013-3093 (717) 243-3341 Attorneys for Plaintiff DICKINSON COLLEGE, : Plaintiff : V. : HEATHER R. BELLIS, : Defendant : IN THE COLIRT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 04-761 CIVIL TERM JURY TRIAL OF TWELVE DEMANDED PRAECIPE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please mark the judgment in the above-captioned case satisfied and issue a certificate reflecting the same. David R. Gallo~ F WILLIAMS & OTTO I.D. Number 87326 Ten East High Street Carlisle, PA 17013-3093 (717) 243-3341 Attorneys for Plaintiff Date: November 18, 2004 CERTIFICATE OF SERVICE I, Jean Taylor, an authorized agent for Martson Deardorl~f 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: Sean M. Shultz, Esquire 11 Roadway Dr. Suite B Carlisle, PA 17050 MARTSON DEARDORFF W~JJ?~MS & OTTO / / / J~ah/~aylor ,~ . [ Ten('E/hst High Street Carl't'sle, PA 171313 (717) 243-3341 Dated: November 18, 2004