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HomeMy WebLinkAbout04-0779DICKINSON COLLEGE, Plaintiff V. JOHN PAUL BOYLE and ERIN W. BOYLE, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. CIV1L 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. · 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 DEARDOR~FF WILLIAMS David R. Galloway, l~quire ~ I. D. Number 87326 ' \ Ten East High Street ~ Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff & OTTO DICKINSON COLLEGE, Plaintiff V. JOHN PAUL BOYLE and ERIN W. BOYLE, Defendants 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 WILL/AMS & OTTO, and hereby avers as follows: 1. PlaintiffDickinson 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, John Paul Boyle, (hereinafter "Parent"), is an adult individual with a last known address of 838 Summit Grove, Bryn Mawr, Montgomery County, Pennsylvania. 3. Defendant, Erin Willis Boyle, (hereinafter "Student"), is an adult individual with a last known address of 838 Summit Grove, Bryn Mawr, Montgomery County, Pennsylvania. 4. On or about May I 0, 2000, Parent and Student entered into a Promissory Note (Note #1) with Plaintiff for the financing of $1,317.66, plus interest, for educational services and benefits to Student at PlaintifPs institution. A copy of Note #1 is attached hereto as Exhibit "A?' 5. On or about May 10, 2000, Parent and Student entered into an additional Promissory Note (Note #2) with Plaintiff for the financing of $600.00, plus interest, for educational services and benefits to Student at Plaintiff's institution. A copy of Note #2 is attached hereto as Exhibit "B." 6. The collective principal balance for Note #1 and Note #2 is $1,917.66. 7. Note #1 and Note #2 grant Plaintiffreasonable collection and attorneys' fees which Plaintiffhas calculated to be $500.00. 8. As of February 5, 2004, the principal and interest due and payable by Parent and Student to Plaintiff was $2,302.07, plus interest in the amount of $.25 per day from February 5, 2004. 9. Parent and Student stopped making monthly payments on Note #1 and Note//2 on or about March 26, 2001. 10. As of February 5, 2004, the outstanding balance of $2,302.07 represents the total and actual overdue value of the financing provided to Parent and Student under Note #1 and Note #2 for which they have yet to pay. 11. Plaintifffulfilled, performed and complied with all obligations and conditions of Note #1 and Note #2. COUNT I BREACH OF CONTRACT Dickinson College v. John Paul Boyle and Erin W. Boyle 12. Plaintiffhereby incorporates by reference the averments contained in Paragraphs l through 11 of this Complaint. 13. Parent and Student breached the expressed and implied obligations, conditions and terms of agreement of Note #I and Note #2 by failing to pay the mnounts financed therein. WHEREFORE, Plaintiffdemands judgment against Defendants, John Paul Boyle, and Er/n W. Boyle, in the amount of $2,302.07, plus interest in the amount of $.25 per day from February 5, 2004, collection and attorneys' fees in the amount of $500.00 and costs of suit. COUNT II IN QUANTUM MER UIT Dickinson College v. Erin W. Boyle 14. Plaintiff hereby incorporates by reference the averments contained in Paragraphs 1 through 13 of this Complaint. 15. Having requested Plaintiff to loan money, and doing so to the benefit of Student, Student became liable to Plaintiff for said money. 16. Student has been unjustly enriched by accepting said money without paying Plaintiff reasonable compensation therefor. 17. The total amount by which Student has become enriched is $2,302.07, plus interest in the amount of $.25 per day from February 5, 2004. WHEREFORE, Plaintiffdemands judgment against Defendant, Erin W. Boyle, in the amount of $2,302.07, plus interest in the amount of $.25 per day from February 5, 2004, collection and attorneys' fees in the amount of $500.00 and costs of suit. MARTSON DEARDORFF WILLIAMS & OTTO I.D. No. 87326 Ten East High Street Carlisle, PA 17013-3093 (717) 243-3341 Attorneys for Plaintiff Date: February 20, 2004 DICKINSON COLLEGE FLEXIBLE FINANCING SYSTEM - PLAN B EDUCATIONAL GOODS AND SERVICES RETAIL INSTALLMENT CONTRACT May 10,2000 I. Seller: Dickinson College, Carlisle, Permsylvan'la 17013-2896 Buyer(s): John Paul Boyle 838 Summit Grove Bryn Mawr, PA 19010 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 Erin Boyle (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 amount credit will cost buyer AMOUNT FINANCED: Amount of credit provided by Dickinson College TOTAL OF PAYMENTS: Amount paid by Buyer as total of all scheduled payments TOTAL SALE PRICE: Total cost of purchase on credit, including down payment of 8.75 % $ 639.26 $1,317.66 Rev 10/99 $1,956.92 $ 28,417.34 $ 29,735.00 Number of Payments 116 Boyle Buyer's payment schedule will' be as follows: Amount of Payments When Payments are Due $16.87 Monthly commencing 06/28/00 until 06/28/09 *Variable Rate: The initial ANNUAL PERCENTAGE RATE disclosed above is a variable 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 mounts. If your cost of the Goods and Services sold hereunder were $1,317.66 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 $17.58. 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: If a payment is more than 15 days late, a sum equivalent to 5% of the late payment (but no more than $2.50 and not less than $1.00) may be charged. 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. 2. 3. 4. 5. III. ITEMIZATION OF AMOUNT FINANCED Cash price of Goods and Services: $ Total down payment: Unpaid balance of cash price (1 - 2): Amount paid to others on Buyer's behalf: Amount Financed (3 + 4): $ 29,735.00 28,417.34 1,317.66 1,317.66 2 IV. CKED1T INSURANCE Credit life insurance for the term of this Contract is not required. V. NO WARRANTIES THERE ARE NO WARRANTIES, EITHER EXPRESSED OK IMPLIED, GIVEN BY SELLER IN CONNECTION WITH SALE OF THE GOODS AND SERVICES COVERED BY THIS CONTKACT UNLESS BUYER HAS BEEN GIVEN A SEPARATE WRITTEN WARRANTY. VI. ADDITIONAL PROVISIONS Buyer agrees to pay Seller the Total Sale Price by malting the total down payment and paYing Seller the Total of Payments in the number and amount of monthly payments shown in the Payment Schedule. Payments are due on or before the same date of each month as the first payment date. Payments must be made to EFG Technologies, Inc. at the following address: EFG Technologies, Inc. PO Box 2901 Winston-Salem NC 27102 Buyer's legal rights include the fight to pay all or part of the amounts due on this Contract in advance oft. heir due dates, to obtain a refund or credit of unearned Finance Charge whenever the amount is paid in full in advance, and (with Seller's consent) to reinstate the Contract if Buyer timely cures any default. Buyer shall be deemed to have committed an "Event of Default" of the Contract upon the occurrence of any of the following: (a) (b) (c) (d) (e) (0 fafl~e 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 Con~'act, providing Seller with false information or signatures, death, incompetence, or conviction of any Buyer of crime involving fraud or dishonesty, insolvency or bankruptcy of any Buyer. Upon or after the occurrence of any Event of DefauR, 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 to cure the default. The notice will provide the time, amount and performance necessary to cure the default. If Buyer does not cure the default as provided in the notice, Seller's rights shall include the right to declare all sums due on the ConUact to be immediately due and payable. The Buyer agrees to pay ail 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 Evem of Default shall not be binding upon Seller ff Seller should thereaf/er choose to exercise that or any other right or a similar Event of Default 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 rights. This Contract is freely assignable by Seller. Buyer agrees that upon receiv/ng notice of the assignment Buyer shall be obligated to the Assignee of tins Contract, which Assignee shall have all of Seller's right and remedies. If any part of tins Contract is held to be illegal, void or unenforceable, that provision shall be deemed not to have been a part of this Contract, which shall otherwise remain fully effective. APPLICABLE LAW: This Agreement, whenever called upon to be construed, shall be governed by the domestic internal laws of the Commonwealth of Peunsylvania except to the extent sup~lement¢'d, superseded or prem~pted by federal law. CONSENT TO JURISDICTION, VENUE AND SERVICE: The parties to this Agreemeat consent and agree that all legal proceedings relating to the subject matter hereof shall be maintained in the Court of Common Pleas of Cumberland County, Pennsylvania, or, if applicable, the United States District Court of the Middle Dislrict of Pennsylvania, and all parties hereto consent and agree that jurisdiction and venue for such proceedings shall lie exclusively wiltfin said court. Service of process in any such proceeding may be made by certified mail, remm receipt requested, directed to tl~ respective party at the address set forth above. 10. This Contract shall be binding upon the parties hereto, their heirs, successors, assigm and legal representatives. I 1. TIME IS OF THE ESSENCE OF THIS CONTRACT. NOTICE: ANY HOLDER OF THIS CONSUMER CREDIT CONTRACT IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH THE DEBTOR COULD ASSERT AGAINST THE SELLER OF GOODS OK SERVICES OBTAINED PURSUANT HERETO OR WITH THE PROCEEDS HEREOF. RECOVERY HEREUNDER BY THE DEBTOR SHALL NOT EXCEED AMOLrNTS PAID BY THE DEBTOR HEREUNDER. NOTICE TO BUYER: (1) DO NOT SIGN THIS AGREEMENT BEFORE YOU READ IT OR IF IT CONTAINS ANY BLANK SPACE. (2) YOU ARE ENTITLED TO A COMi~LETELY FILLED-IN COPY OF THIS AGREEMENT. (3) UNDER THE LAW, YOU HAVE THE RIGHT TO PAY OFF IN ADVANCE THE FULL AMOUNT DUE AND UNDER CERTAIN CONDITIONS TO OBTAIN A PARTIAL REFUND OF THE FINANCE CHARGE. BUYER(S) ACKNOWLEDGE(S) RECEIVING A COMPLETED COPY OF THIS CONTRACT AND INTEND(S) TO BE LEGALLY BOUND BY ITS TERMS. I AGREE TO REPAY ALL AMOUNTS DUE ON THIS LOAN IF THE BORROWER(S)/BLryER(S) FAILS TO DO SO IN ACCORDANCE WITH THE TERMS OF THE NOTE: TRANSCRIPT OF A STUDENT'S RECORD WILL NOT BE RELEASED IF LOAN PAYMENTS TO ~ COLLEGE ARE lin ARREARS OR DEFAULT. DATE: Plan B DICKINSON COLLEGE 4 vx& DICKINSON COLLEGE FLEXIBLE FINANCING SYSTEM - PLAN B EDUCATIONAL GOODS AND SERVICES RETAIL INSTALLMENT CONTRACT May 10, 2000 I. Seller: Dickinson College, Carlisle, Pennsylvania 17013-2896 Buyer(s): John Paul Boyle 838 Summit Grove Bryn Mawr, PA 19010 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 Erin Boyle (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 amount credit will cost buyer AMOUNT FINANCED: Amount of credit provided by Dickinson College TOTAL OF PAYMENTS: Amount paid by Buyer as total of all scheduled payments TOTAL SALE PRICE: Total cost of purchase on credit, including down payment of 8.75 % $ 290.88 $ 6OO.OO $ 890.88 $ 29,135.00 $ 29,735.00 Rev 10/99 Boyle Buyer's payment schedule will be as follows: Number of Payments 116 Amount of Payments $ 7.68 When Payments are Due Monthly commencing 06/28/00 until 06/28/09 *Variable Rate: The initial ANNUAL PERCENTAGE RATE disclosed above is a variable 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 $600.00 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 $8.01. 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) maybe 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. 2. 3. 4. 5. ll/. ITEMIZATION OF AMOUNT FINANCED Cash price of Goods and Services: $ Total down payment: Unpaid balance of cash price (1 - 2): Amount paid to others on Buyer's behalf: Amount Financed (3 + 4): $ 29,735.00 29,135.00 600.00 600.00 IV. CREDIT INSURANCE Credit life insurance for the term of this' Contract is not required. V. NO WARRANTIES THERE ARE NO WARRANTIES, EITHER EXPRESSED OR IMPLIED, GIVEN BY SELLER IN CONNECTION WITH SALE OF THE GOODS AND SERVICES COVERED BY THIS CONTRACT LrNLESS BUYER HAS BEEN GIVEN A SEPARATE WRITTEN WARRANTY. VI. ADDITIONAL PROVISIONS Buyer agrees to pay Seller the Total Sale Price by making the total down payment and paying Seller the Total of Payments in the number and mount of munthly payments shown in the Payment Schedule. Payments are due on or before the same date of each month as the first payment date. Payments must be made to EFG Technologies, Inc. at the following address: EFG Technologies, Inc. PO Box 2901 Winston-Salem NC 27102 Buyer's legal rights include the right to pay all or part of the amounts due on this Contract in advance of their due dates, to obtain a refund or credit of unearned Finance Charge whenever the amount is paid in full in advance, and (with Seller's consent) to reinstate the Contract if Buyer timely cures any default. Buyer shall be deemed to have committed an "Event of Default" of the Contract upon the occurrence of any of the following: (a) (b) (c) (d) (e) failure to make any payment on or before the date it is due, failure to make a payment on any other Contract outstanding with Seller, failure to perform any other provision of the Contract, providing Seller with false information or signalures, death, incompetence, or conviction of any Buyer of crime involving fraud or dishonesty, insolvency or bankruptcy of any Buyer. Upon or atter 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 defi/ult and of Buyer's tight to cure the default. The notice will provide the time, amount and performance necessary to cure the default. I/Buyer does not cure the default as provided th the notice, Seller's rights shall include the right to declare all sums due on the Contract to be/mmediately due and payable. The Buyer agrees to pay all attorney's fees and other reasonable collection costs and charges necessary for the collection of any amount not paid when due. Waiver by Seller of any Event of Default shall not be binding upon Seller if Seller should thereafter choose to exercise that or any other right or a similar Event of Default occurs later. All Seller's tights and remedies shall be cumulative. Seller's exercise of one or more rights shall not cause Seller to lose any other rights. Th/s Contract is freely assignable by Seller. Buyer agrees that upon receiving notice of the assignment Buyer shall be obligated to the Assignee of this Contract, which Assignee shall have all of Seller's right and remedies. If any part of this Contract is held to be illegal, void or unenforceable, that provision shall be deemed not to have been a part of this Contract, which shall otherwise remain fully effective. 3 VAPPLICABLE LAW: This Agreement, whenever called upon to be construed, shall be governed by the domestic internal laws of · the Commonwealth of Pennsylvania except to the extent supplemented, superseded or preempted by federal law. CONSENT TO IURISDICTION, VENUE AND SERVICE: The parties to this Agreement consent and agree that all legal proceedings relating to the subject matter hereof shall be maintained in the Court of Commnn Pleas of Cumberland County, Pennsylvania, or, if applicable, the United States District Com~ of the Middle District of Pennsylvania, and all parties hereto consent and agree that jurisdiction and venue for such proceedings shall lie exclusively within said court. Service of process in any such proceeding may be made by certified mail, return receipt requested, directed to the respective party at the address set forth above. 10. This ConU'act shall be binding upon the parties hereto, their heirs, successors, assigns and legal representatives. 11. TIME IS OF THE ESSENCE OF THIS CONTRACT. NOTICE: ANY HOLDER OF THIS CONSUMER 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: (1) DO NOT SIGN THIS AGREEMENT BEFORE YOU READ IT OR IF IT CONTAINS ANY BLANK SPACE. (2) YOU ARE ENTITLED TO A COMPLETELY FILLED-IN COPY OF TH/S AGREEMENT. (3) UNDER THE LAW, YOU HAVE THE RIGHT TO PAY OFF IN ADVANCE THE FULL AMOUNT DUE AND UNDER CERTAIN CONDITIONS TO OBTAIN A PARTIAL REFUND OF THE FINANCE CHARGE. BUYER(S) ACKNOWLEDGE(S) RECEIVING A COMPLETED COPY OF THIS CONTRACT AND INTEND(S) TO BE LEGALLY BOUND BY ITS TERMS. I AGREE TO REPAY ALL AMOUNTS DUE ON THIS LOAN IF THE BORROWER(S)/BUYER(S) FAILS TO DO SO IN ACCORDANCE WITH THE TERMS OF THE NOTE: TRANSCRIPT OF A STUDENT'S RECORD WILL NOT BE RELEASED IF LOAN PAYMENTS TO THE COLLEGE ARE IN ARREARS OR DEFAULT. DATE: Plan B DICKINSON COLLEGE 4 VERIFICATION I, THOMAS MEYER, Assistant Treasurer of Dickinson College, acknowledge that I have thc 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 unswom falsification to authorities, which provides that if I knowingly make false averments, I may be subject to criminal penalties. Dickinson College Assistant Treasurer of' - ~ ~ _ v._iD ckinson College Dated: SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2004-00779 P COMMONWEALTH OF PENNSYLVkNIA: COUNTY OF CUMBERL~ND DICKINSON COLLEGE VS BOYLE JOHN PAUL ET AL R. Thomas Kline duly sworn according to and inquiry for the within named DEFENDANT BOYLE JOHN PAUL but was unable to locate Him in his bailiwick. deputized the sheriff of MONTGOMERY County, serve the within COMPLAINT & NOTICE law, says, that he made a diligent to wit: Sheriff or Deputy Sheriff who being search and He therefore Pennsylvania, to On March 8th , 2004 attached return from MONTGOMERY Sheriff's Costs: Docketing 18.00 Out of County 9.00 Surcharge 10.00 Dep Montgomery Co 49.00 .00 86.00 03/08/2004 MDW&O Sworn and subscribed to before me this /~ day of 7~/ ~ A.D. ~Prothonotary,4~ this office was in receipt of the So answers~//~ ~J~ R. Thomas Kline Sheriff of Cumberland County SHERIFF'S RETURN - CASE NO: 2004-00779 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DICKINSON COLLEGE VS BOYLE JOHN PAUL ET AL OUT OF COUNTY R. Thomas Kline duly sworn according to law, says, that he made a diligent and inquiry for the within named DEFENDANT , to wit: BOYLE ERIN W but was unable to locate Her in his bailiwick. deputized the sheriff of MONTGOMERY County, serve the within COMPLAINT & NOTICE Sheriff or Deputy Sheriff who being search and He therefore Pennsylvania, to On March 8th , 2004 , attached return from MONTGOMERY Sheriff's Costs: Docketing 6.00 Out of County .00 Surcharge 10.00 .00 .00 16.00 03/08/2004 MDW&O Sworn and subscribed to before me this /~ day of ~ A.D. Prothonotary this office was in receipt of the R. Thomas Kline Sheriff of Cumberland County The Court of Common Pleas of Gdmberland County, Pennsylvania Dickinson College VS. fohn Paul Boyle et al 04-779 civil SERVE: John Paul Boyle No. SOW, February 24, 2004 hereby deputize the Sheriff of deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA , I, SHERIFF OF CUMBERLAND COUNTY, PA, do :4ontgamery County to execute this Writ, this Affidavit of Service and made known to ,2004 ,at (00~ o'clock /~ M. served the copy of the original the contents thereof. So answers, ~ Sheriffof CounU, PA / COSTS SERVICE MILEAGE AFFIDAVIT R, THOMAS KLINE Sheriff EDWARD L. SCHORPP Solicitor OFFICE OF THE SHERIFF One Cou~house Square Carlisle, Pennsylvania 17013 RONNY R. ANDERSON Chief Deputy JODY S. SMITH Real Estate Deputy TO: Hon. John Durante Montgomery County Sheriff Dear Sheriff: Dickinson College VS John Paul Boyle et al 04-779 civil' Enclosed please find to be served upon Notice and Complaint 1. John Paul Boyle 2. Erin W. Boyle 838 SUnrait Grove Bryn Mawr, in your County~¥~ DEPUTY DEPUTY .. LAST DAY OF SERVICE ,-~' ~q'O.~. ..... Very l~aly yours, . Cumberland County, P~n/[sylvania PA : · crt The Court of Common Pleas of Cumberlaffd County, Pennsylvania Dickinson College VS. John Paul Boyle et al 04-779 civil SERVE: Erin W. Boyle No. February 24, 2004 hereby deputize the Sheriff of deputation being made at the request and risk of the Plaintiff. , I, SHERIFF OF CUMBERLAND COUNTY, PA, do Montgomery County to execute this Writ, this Sheriff of Cumberland County, PA Affidavit of Service ,20~C/ , at f b~% . o'clock copy of the original /~ M. served the the contents thereof. Sworn a,j~bscribejJ/~--~ore / ! ~.~ ~"day ° fZ//'l~7' ~ ,Patricia A. Giambro~e, Notar~ Public Norrfsbwn ~oro, Mo,~¢~ome~ County ~Y ~mm~ss~on E~p res Dec 13, 2004 COSTS SERVICE MIl ,EAGLE AFFIDAVIT R. THOMAS KLINE Sheriff EDWARD L SCHORPP Solicitor OFFICE OF THE SHERIFF On~ Courthouse Square Cadisle, Pennsylvania 17013 RONNY R. ANDERSON Chief Deputy JODY S. SMITH Real Estate Deputy TO: Hon. John Durante Montgonery County Sheriff Dear Sheriff: Dickinson College VS John Paul Boyle et al 04-779 civil' Enclosed please find to be served upon Notice and Cu.ulaint 1. John Paul Boyle 2. Erin W. Boyle ~ 838 Summit Grove Bryn Mawr, PA in your County. PLACE 0F SERVIC~ TIME OF S.RI[~:.E" ~F ....... DATE OF SERV~Sk NUMBER OF ATT~,~, , DEPUIY LAST ., your return of service. Very truly ye .~ s, ~ R. Thorns / Cumberland County, pem~sylva~a /O q7 DICKINSON COLLEGE, Plaintiff V. JOHN PAUL BOYLE and ERIN W. BOYLE, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.04-779 CIVIL ACTION-LAW JURY TRIAL OF TWELVE DEMANDED TO: JOHN PAUL BOYLE and ERIN W. BOYLE NOTICE OF ENTRY OF DEFAULT JUDGMENT You are hereby notified that on ~//'~./~., g00B, the following Judgment was entered against you in the above-captioned case: '[I]n the amount of $2,302.07, plus interest in the amount of $46.75 from February 5, 2004, collection and attorneys' fees in the amount of $500.00 for a total of $2,848.82, plus costs of suit and interest from date of judgment as per the Notes attached to the Complaint for Defendant's failure to file an answer to the Complaint. Prothonotary I hereby certify that the name and address of the proper person to receive this notice under Pa. R. Civ. P. 236 is: Mr. John P. Boyle 838 Summit Grove Bryn Mawr, PA 19010 Mr. Erin W. Boyle 838 Summit Grove Bryn Mawr, PA 19010 DICKINSON COLLEGE, Plaintiff JOHN PAUL BOYLE and ERIN W. BOYLE, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.04-779 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 Defendants in the amount of $2,302.07, plus interest in the amount of $46.75 from February 5, 2004, collection and attorneys' fees in the amount of $500.00 for a total of $2,848.82, plus costs of suit and interest from date of judgment as per the Notes attached to the Complaint 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 Defendants at the address indicated thereon, on March 25, 2004, which date was subsequent to the date default occurred and at least ten (10) days prior to the date of the Praecipe. EYDavid~a~ire~ Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff Dated: May 11, 2004 DICKINSON COLLEGE, Plaintiff JOHN PAUL BOYLE and ERIN W. BOYLE, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.04-779 CIVIL ACTION*LAW JURY TRIAL OF TWELVE DEMANDED TO: JOHN PAUL BOYLE 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 W/THIN 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. Cumberland County Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 Telephone:(717) 249-3166 MARTSON DEARDORI~I~ WILLIAMS & OTTO DaviddK. Galloway, Esquire ~/ Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: March 25, 2004 Attorneys for Plaintiff DICKINSON COLLEGE, Plaintiff JOHN PAUL BOYLE and ERIN W. BOYLE, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO,04-779 CIVIL ACTION-LAW JURY TRIAL OF TWELVE DEMANDED TO: ERIN W. BOYLE 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 RvIPORTANT 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: March 25, 2004 Cumberland County Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 Telephone:(717) 249-3166 MARTS ON DEARD ORF~F~i~mi~ & OTTO Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff CERTIFICATE OF SERVICE I, Nichole L. Myers, 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: Mr. John P. Boyle 838 Summit Grove Bryn Mawr, PA 19010 Mr. Erin W. Boyle 838 Summit Grove Bryn Mawr, PA 19010 MARTSON DEARDORFF WILLIAMS & OTTO Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: May 11, 2004