HomeMy WebLinkAbout08-4719F:\FM ES\CGenu\Dicl insonCollege7619\Collections\Current\97\7619C.97.com
Created: 3/5/03 2:23:29 PM
Revised: 8/5/06 2:52:36 PM
Christopher E. Rice, Esquire
Attorney I.D. No. 90916
MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER
MARTSON LAW OFFICES
Ten East High Street
Carlisle, PA 17013
(717) 243-3341
Attorneys for Plaintiff
DICKINSON COLLEGE, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V.
NO. 08 - 04719 CIVIL TERM
KILLIAN S. KELLY, CIVIL ACTION - LAW
Defendant
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
Christopher E. Rice, Esquire
Attorney I.D. No. 90916
MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER
MARTSON LAW OFFICES
Ten East High Street
Carlisle, PA 17013
(717) 243-3341
Attorneys for Plaintiff
DICKINSON COLLEGE, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V.
: NO. 08 - 1171f CIVIL TERM
CIVIL ACTION - LAW
KILLIAN S. KELLY,
Defendant
COMPLAINT
AND NOW, comes Plaintiff, Dickinson College, by and through its attorneys, MARTSON
DEARDORFF WILLIAMS OTTO GILROY & FALLER, and hereby avers as follows:
1. Plaintiff Dickinson College (hereinafter "Dickinson") is a Pennsylvania educational
institution with its principal offices located in Carlisle, Cumberland County, Pennsylvania.
2. Defendant, Killian S. Kelly, (hereinafter "Student") is an adult individual whose last
known address is 13418 East Chicago Street, Chandler, Arizona 85225-6054.
COUNTI
BREACH OF CONTRACT
3. Paragraphs 1 through 2 are incorporated herein by reference as if set forth in full
below.
4. Student was recently enrolled at Dickinson.
5. Student entered into Educational Goods and Services Retail Installment Contracts
(hereinafter "Contracts") with Dickinson to pay tuition, dining service fees and other educational
expenses provided and rendered to Student by Dickinson. A true and correct copy of the Contracts
are incorporated by reference and attached as Exhibit "A."
6. Student, by entering into the Contracts and using the goods and services provided by
Dickinson, agreed to pay Dickinson for all charges incurred under the Contracts.
7. Student received and accepted all goods and services provided by Dickinson and
thereby agreed to payment for said goods and services.
8. The Contracts were in the original amount of $7,000.00 each with a variable interest
rate.
9. Student defaulted on the repayment of the Contracts by not paying the balance when
due.
10. Notices were forwarded to Student informing her of the default and right to cure such
default.
11. Student agreed to and began making payments towards the balanced owed, but
stopped payments as of December of 2007.
12. Student has breached both the terms of the Contracts and the oral or written
agreement to repay. Further, Student has failed to cure such defaults.
13. The total amount which is immediately due and payable to Dickinson by Student on
the Account is Twenty-six Thousand Eight Hundred Two and 45/100 Dollars ($26,802.45).
WHEREFORE, Plaintiff, Dickinson College, demands judgment against Defendant, Killian
S. Kelly, in the sum of Twenty-six Thousand Eight Hundred Two and 45/100 Dollars ($26,802.45),
plus attorney frees, late fees, costs of suit and interest as set forth within the Contracts.
COUNT II
IN QUANTUMMERUIT
In the alternative, if this Honorable Court should determine that an express contract between
Dickinson and Killian Kelly does not exist, which is denied, Dickinson pleads the following:
14. Paragraphs 1 through 13 are incorporated herein by reference as if set forth in full.
15. Because Dickinson loaned money to Student, to the benefit of Student, Student
became liable to Dickinson for said money.
16. Student was unjustly enriched by accepting said money without paying Dickinson
reasonable compensation therefor.
17. The total amount by which Student has become enriched is Twenty-six Thousand
Eight Hundred Two and 45/100 Dollars ($26,802.45).
18. Dickinson demanded payment of the above sum but Student failed and refused to do
so.
WHEREFORE, Plaintiff, Dickinson College, demands judgment against Defendant, Killian
S. Kelly, in the sum of Twenty-six Thousand Eight Hundred Two and 45/100 Dollars ($26,802.45),
plus attorney frees, late fees, costs of suit and interest as set forth within the Contracts.
MARTSON LAW OFFICES
By: C:4? ? .
Christopher E. Rice, Esquire
I. D. Number 90916
Ten East High Street
Carlisle, PA 17013
(717) 243-3341
Date: S - s' d a
Attorneys for Plaintiff
This a debt collecting firm. Any information obtained will be used for that purpose.
EXHIBIT "A"
DICKINSON COLLEGE F aIBLE FINANCING SYSTEM - 7000 PLAN
EDUCATIONAL GCODS AND SERVICES RETAIL INo" TAL 'r CONI'IiACT
Date August 14, 1990
L. Seder: Dickinson College, Carlisle, Pennsylvania 1701,,
Buyer(s): Timothy E. Kelly
9501 S. Stanley Place
Tempe, Arizona 85284
If there is more than one Buyer, each of
for all sl-ns due and for the performance of alYou will be
l agreemenntsbasgated, jointly and severally,
provided in this Contract.
Under the terms of this Educational Goods and Services Retail installment contract,
YOU have agreed to pay the expenses incurred for goods and services to be
rendered, as the case may be, to Killian S. Kelly provided and
(hereinafter "Student") during his/her enrollment at Dickinson College during the
(hademic ar, including tuition, room and board, books and supplies as hethe "Goods -
rein
and Services ). rein states-
The Goods and Services shall include only tuition, room and board.
II. TERMS OF PA17457 AND PAYMENT MMULE'
Disclosures Required by Federal Law
ANNUAL, PERCENTAGE FIDW4CE CHARGE: AMOt? FINANCID:
RATE : k Dollar amount T?? OF PAYMEN'T'
Cost of credit as credit will Amount of credit Amount paid by
yearly rate cost Provided by Buyer as total. of
Buyer Dickinson College all scheduled.
Payments
10.815 5,928.50
$ $ 7,000.00 12, 928.50
TOTAL SALE
PRICE:
Total cost of
Purchase on
credit, in-
cluding down
payment of
11,630.00
18,630.00
Rev 9/89
_tyer's payment schedule wi1. re as 1:011aws:
I it fi Cr 0* P,= yment g Amount of Payments When Payments are sue
153 $84. Monthiy _ommencing g/28/g0
50 until 5/28/03
`L'ari ah l e Rate: The ANNUAL PERCDT7- RATE disc AGE charge . The 1 sed above is a var_ iab1e rate arri may
ANNUAL PERCH-AGE RATE may increase during the term of
this transaction if the prime rate of interest announc: in the Wall
Street Jourra1 as of the close of business on June 30 of -arh ca1er
,dar
year increases, and will be. increased, to the prime rates ljs
ANMTAL P C NIAGE RATE wi i 1 not increase more than once a year. `,rlane
the new interest rate will become effective on July 1 following the
increase, if any, in the prime rate of interest.
increase will be
in the form of higher payment amounts. If cost Any -
vices sold hereunder were $ 7,000.00 y°1 C°?', of tlie G`?O`?s 'd
15months, at 11.00 per annum for
and the prime rate plus 1% were increased to 12.00
Your regular monthly payments would increase to $ 88.64
the ANNUAL PERCENTAGE RATE will not increase to more Further,
other rate as may be permitted under the Pe than 18% or such
Services Installment Sales Act. Pennsylvania Goods and
Late Clharge: rf a payment is more than 15 days late, a sum equivalent
late payment (but no more than $2.50 and not less than$1,00) a
charged.
may be
Prepayment: Buyer may prepay the unpaid balance of the Amount Financed
FINANCE CHARGE due through the date of early and ''n
part, without penalty. payment, in full rr i
n
EE SECTION VI OF THE CONTRACT' BELOW FOR ANY ADDITIONAL INFORMATION ABOUT NON-PA`XENT
DEFAULT AND REQUIRED REPAYMENT BEFORE THE SCIMMULED DATE FOR REPAYMENT OF THE AMOUNT
FINANCED.
III. I7M417ATION OF AMOUNT FINANCED
Cash price of goods and Scr,ices:
$ 18,630.00
'•. Total down payment:
11,630.00
Unpaid balance of cash price (1 - 2):
71000.00
Amount paid to others on Buyer's behalf:
0
• Amount Financed (3 + 4);
$ 7,000.00
G
IV- C?MIT INSURANCE
C -a;+ life. -
`x.= ?nct? anc° far the term cf thiti--Contract is not re
C ?rW.r.:.AT1T.?-,
T? Lam, T? NO V. Nc?
NO ETi'_T'[+n L+vr,L]L'G,?JLLJ OR T TT
WITH SALE GF iI-z GOODS AND S?VIC?4? ••Af'=ZL?7 -:.MPL , GIM,4 BY r-L„m,Y; - C T
S?ARAT? idPT COVF-.nFD BY THIS CONTRACT I,7 .?S BUYF, C141 Zr-, ?? ON
'I 'i WARRAN"I^l. ;
-r
A BEEN GTv'aI A
V'- ADDITIONAL PRYDVIS'IGNS
l• Buyer agrees to pay Seller the Total Sale Price by making
Paying Seller the Total of payments in the number and mthe total down payment and
in the Payment Schedule. Payments amount of monthly payments shown
the first yments are due on or before the same date of each month as
payment date, payments must be made to First Wachovia, Inc. at the
following address:
First Wachovia, Inc.
P.O. Box 70095
Charlotte, NC 28272-0095
2• Buyer's legal rights include the right to
Contract in advance of their due date Pay all or part of the amounts due on this
Ch s, to obtain a refund or credit of unearned
Finance consent) to whenever the amount is paid in full in advance, s
o reinstate the Contract if Buyer timely r-_ir? es and (with .seller's
3. Buyer shall be deemed to have committed an ? any default.
"Event
occurrence of any of the following: of Default" of the Contract upon the
(a) failure to make any payment on or before the date it is due,.
(b) failure to make a
payment on any other Contract outstanding
(c) failure to perform any other provision of the Contract, w" Seller,
(d) providing Seller with false information or signates,
(e) death, incompetence, or conviction of any Buyer of crime involving fradishonesty, ud or
(f) insolvency or bankruptcy of any Buvwr
4. Upon ar after the Occurrence of an
notice, by certified mail as Y Event of Default, Seller will
as shown on Seller's records required law, addressed to 's M1Arovide Buyer, with
Z the default. Th , advising Buyer of the defaulter last known address
Me notice will ` of Buyer's right to
to cure the default. If Buyer does Provide the time, amount anand Performance provided in
Seller's rights shall include the right cure
declare all in the e notice
immediately due and notice,
Payable. The Buyer a sums due on the Contract to be
reasonable collection costs and ch grams to pay all attorney's fees and other
Paid when due, arges necessary for the collection of an
- Y amount not
5. Waiver by Seller of an
should thereafter choosebtona of Default shall not be bindi
Default Occurs xercise that or any other right ng upon Seller if Seller
Defy ise o lar more rights er's rights and remedies
shall not cause shall an cumulative. Seller's
Seller to
5• This Conti- Y other rights.
Contract is freely assignable
Of the assignment Bu er by Seller. Buyer agrees S that u
Assignee shall have all of Seller's obligated
and to the Ass remediesi pCn receiving notice
ghee of this r>ntract, which
,
3
7. If any part of this Contra,._ is held to be illegal,
s-.rvoi'? 01 _? enforc-?-ie that
pr '? : shall be ?i d eem& not to have been a part of this Contract, otherwise remain fully effective.
ri?:?C ?icl l
8. APPLICABLE LAW: This Agreement, whenever called Upcn to re c
l
governed by the domestic internal laws of ` construed, shall be
the e, the Commonwealth of Penns; j%rania except tc
tent supplemented, superseded or preempted by federal law. rJ
9. COA N7 TO JTJRISDIC^ION. Vet' lUE AND SF VICE: The parties to this . Wi
agree Agreement consent and
that all ieaal proceedings relating to the subject matter hereof shall b
maintained in the Court of Common Pleas of Cumberland County, Pennsylvania, or, if
applicable, the United States District Court of the Middle District of pF, ,-
and all s yl,an?r.
parties hereto consent and, agree that jurisdiction and venue for such
proceedings shall lie exclusively within said court. service of process in any with
proceeding may be made by certified mail, return receipt requested, directed t -
respective party at the address set forth above. to the
10. This Contract shall be binding upon the parties hereto, their heirs, successors,
assigns and legal representatives.
11. TIME IS CF THE ESSENCE OF THIS CONTRACT.
NOTICE: ANY HOLDER OF THIS CONSUMER CREDIT CONTRACT IS SUBJECT TO ALL CLAIMS AND DEFENSE
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 DE]UP R HEREUNDER,
NOTICE TO BUYER: (1) DO NOT SIGN THIS AGREEMENT BEFORE YOU READ IT OR IF IT CONTAINS ANY
BLANK SPACE. (2) YOU APE ENTITLED TO A COMPLETELY FILLED-IN COPY OF THIS AGREEMENT.
(3) UNDER THE LAW, YOU HAVE THE RIGHT TO PAY OFF IN ADVANCE ISE FULL A 1004 DUE AND LOgUEE ,K
CERTAIN CONDITIONS TO OBTAIN A PARTIAL REFUND OF THE FINANCE CHARGE.
BUYERS) ACHICKEDGE (S) RECEIVING A COMPLETED COPY OF THIS CONTRACT AND !N=, ,jD- (S) To
BE LEGALLY BOUND BY ITS TM MS.
BUYER(S):
I AGREE TO REPAY ALL AMOUNT'S DUE ON THIS LOAN IF THE BORROWER (S) /BUYER (S) FAILS TO
DO SO IN ACCORDANCE WITH THE TERMS OF THE NOTE:
1
STUDENT
ATE :
DICKINSON (CULUL-Er ;E
BlY i L--.
4
DICKINSON COLLEGE FLEXIBLE FINANCING SY=1 - 70GO PLAN
?JCATIONAL GOODS AND SERVICES RETAIL IN?TA LI,M .r CONTRACT
Date October 9, 1991
I. Seller: Dickinson College, Carlisle, Pennsylvania 1701?
Buyers?: Timothy E. Kelly
1702 E. Greentree Drive
Tempe, AZ 85284
If there is more than one Buyer, each of you will be obligated, jointly and severally.
for all sums due and for the performance of all agreements as provided in this Contract.
Under the terms of this Educational Goods and
Services you have a ervices Retail Installment Contract.
greed to pay the e>perseS incurred for goods and services to be provided and
rendered, as the case may be, to Killian Kelly
(hereinafter "Student") during his/her enrollment at Dickinson College during the - 2
academic year, including tuition, room and board, books and supplies as herein stated
(hereinafter the "Goods and Services") .
The Goods and Services shall include only tuition, room and board.
ANNUAL PERCMMGE
RATE:*
Cost of credit as
yearly rate
9.499
II. TERMS OF PAYMENT AND PAYMENT SCI Y.U
Disclosures Required by Federal Law
FINANCE OiARGE: Amowr FINANCED: TOTAL OF PAYMENTS:
Dollar amount Amount of credit Amount paid by
credit will provided by Buyer as total of
cost Buyer Dickinson College, al 1 schedu 1 ed
payments
$ 4,606.00 J $ 7,000.00 1 $ 11,606.00
TOTAL SALE
PRIcM
Total cost of
purchase on
n
credit, in-
cluding down
payment of
s12,980.00
19,980.00
Rev 9/89
Buyer's payment schedule will be as follows:
Number of Payments I Amount of Payments I When Payments are Due
140
Monthly commencing 10/28/91
$82.90 until, 5/28/0?
*Variable Rate: The ANNUAL PERCENTAGE RATE disclosed above is a variable rate and may
change. The ANNUAL, PERCENTAGE RATE may increase during the term of
this transaction if the prime rate of interest announced in the Wall
Street Journal as of the close of business on June 30 of each calendar
year increases, and will be increased to the prime rate plus 1%. The
ANNUAL PERCENTAGE RATE will not increase more than once a year, and
the new interest rate will become effective on July 1 following the
increase, jf 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 $ 7000.00 at per annum for
_4n months, and the prime rate plus 1% were increased to 10.500 96,
your regular monthly payments would increase to $ $6.91 Further,
the ANNUAL PERCENTAGE RATE will not increase to more than 18% or such
other rate as may be permitted under the Pennsylvania Goods and
Services Installment Sales Act.
Late Charge; 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
part, without penalty.
SEE SECTION VI OF THE CONTRACT BELOW FOR ANY ADDITIONAL INFORMATION ABOUT NON-PAYMENT.
DEFAULT AND REQUIRED REPAYMENT. BEFORE THE SQHEDULEp DATE FOR REPAYMENT OF THE AMOUNT
FINANCED.
III. ITEMIZATION OF AMOUNT FINANCED
1. Cash price of Goods and Services: $ 19.980.00
2. Total down payment:. 12980.00
3. Unpaid balance of cash price (1 - 2): 7,000.00
4. Amount paid to others on Buyer's behalf: 0
5. Amount Financed (3 + 4): $ 7,000.00
2
IV (- ,17 INS'UP-ZNCE
4^ i 1 y irte; ?Ilc_.'N for the. e I'M
V. NO WAREANiIE3
THE -E ARE NO WARRANi'I-77S, EITHEP, E FzcSEj) OR - IM, GIVEN By j r
WIT"rI SALE OF Tf E GOODS AND SIIRVICr? S COVERED BY THI'MPL
S CONTRACT J'NLr.?^ r'I t IN CONNECTION
SE°AF TE WRITill WAPRAN': i . ^? BIU?' ? f IA. u ! GIVEN A
VI. ADDITIONAL, PROVISIONS
1. Buyer agrees to pay Seller the Total Sale Price
Paying Seller the Total of Pa` making the total down payment and
in the Payment Schedule. Payments in the number and amount of monthly payments shown
Payments are due on or before the s
the first payment date. Payments must be made to Fi same date of each month a
following address:
rst Wachovia, Inc. at the
First Wachovia, Inc.
P.O. Box 70095
Charlotte, NC 28272-0095
2. Buyer's legal rights include the right to pay all or
Contract in advance of their due dates, to obtain a part o thee m nts?e?nn this
r (und r
Finance Charge whenever the amount is paid in full in advance, and (with l
consent) to reinstate the Contract if Buyer timely cures any default.-L" seller's
3. Buyer shall be deemed to have committed an "Event of Default" of the Contract Upon the
occurrence of any of the following:
(a) failure to make any payment on or before the date it is due,
(b) failure to make a payment on any other Contract outstandi
(c) failure to perform any other provision of the contract, with Seller,
(d) providing Seller with false information or signatures,
(e) death, incompetence, or conviction of any Buyer of crime involving fraud or
dishonesty,
(f) insolvency or bankruptcy of any Buyer.
4. Upon or after the occurrence of
notice, any Event of Default, Seller will provide Buyer with
by certified mail as required by law, addressed to
BUYer's shown on Seller's records, advising Buyer of the default and of
$? known lghtd toss
cl_tre the default: The notice will provide the time
to cure the default. If Buyer does not cure the default rand o performance necessary
aMa
Seller's rights shall include the right to declare all provided in the notice,
immediately due and payable. The Buyer
a sums due on the Contract to be
reasonable collection costs and charges to Pay all attorney's fees and other
paid when due. necessary for the collection of any amount not
5. Waiver by Seller of any Event of Default shall not be binding upon Seller if Seller
should thereafter choose to exercise
Default occurs ,later. All Seller' that or any other right or a similar Event of
s rights and remedies shall be cumulative. Seller's
exercise of one or more rights shall not cause Seller to lose any other rights.
h. This Contract is freely assignable Sell. Buyer agr,--es of the assignment Buyer shall be obli atedeto the A-si nee that upon r act..
Assignee shall have all of Seller's right of this Contract, Chtice
and remedies.
3
7. 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.
e. APPLICABLE 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, supersedes; or preempted by federal law.
o CCNSENI TO ,JURISDIC?ION, VENUE AND SLICE: 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 Common Pleas of-Cumberland County, Pennsylvania, or, if
applicable, the United States District Court 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
proceeding may be made by certified mail, return receipt re Process in any such
respective party at the address set forth above, quested, directed to the
10. This Contract 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 S'IJ.B MT TO ALL . CLAIMS AND DEFENSES
WHICH THE D.EBTDR COULD ASSERT AGAINST THE SELLER OF GOODS OR SERVICES OBTAINED PURSUANT
HERE'O OR WITH THE PROCEEDS HEREOF. RECOVERY BY THE DEBTOR SHAU NOT EXCEED
AMOUNTS PAID BY THE DEBTOR H gWiM ER .
NOTICE TO BUYER : (1) DO NOT SIGN THIS AG aM* fT BEURE YOU J MEAD IT OR IF IT CONTAI
BLANK SPACE. (2) YOU ARE ENTITLED TO A COMPi E Y FILLED.-IN COPY OF THIS A??T. ANY
(3) UNDER ME LAW, YOU HAVE THE RIG-1T-T0 PAY OFF IN ADVANCE THE FULL, AMOUNT DUE AND UNDER
CERTAIN CONDITIONS TO OBTAIN A PARTIAL RaIM OF THE FINANCE CHARGE.
BU (S) ACKNOWLEDGE(S) RECEIVING A COMPLEIED COPY OF THIS CONTRACT AND INTEND(S) TO
BE LWALLY BOUND BY ITS TERMS.
BUYER(S):
I AGREE TO REPAY ALL AMOUNTS DUE ON THIS IRAN IF THE BORROWER(S)/BUYER(S) FAILS TO
DO SO IN ACCORDANCE WITH THE TERMS OF THE NOT'E',
STUDENT
DATE
lo-- 9- ?/
-- -----------
DICKINSON COLLDGE
4 -
VERIFICATION
I, THOMAS MEYER, Bursar 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 unworn falsification to authorities, which provides that if I knowingly make false
averments, I may be subject to criminal penalties.
Dickinson College
Thomas; Meyer
Bursar
Dated:
F: \FILES\Clients\DickimonCollege7619\Collections\Current\97\7619C.97. com
hJ
C,` c
e ? ? I _ ._, Fct f c
F: \FILES\Clients\DickinsonCollege7619\Collections\Current\97\7619C.97. pra.reinstate
Created: 3/5/03 2:23:29 PM
Remed. 9/23/081:25.25 PM
Christopher E. Rice, Esquire
Attorney I.D. No. 90916
MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER
MARTSON LAW OFFICES
Ten East High Street
Carlisle, PA 17013
(717) 243-3341
Attorneys for Plaintiff
DICKINSON COLLEGE, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V.
KILLIAN S. KELLY,
To the Prothonotary:
Defendant
NO. 08 - 4719 CIVIL TERM
: CIVIL ACTION - LAW
PRAECIPE
Please reinstate the Complaint in the above-referenced matter.
MARTSON LAW OFFICES
By: d"O'A' 5- /Z_.____...
Christopher E. Rice, Esquire
I. D. Number 90916
Ten East High Street
Carlisle, PA 17013
(717) 243-3341
Date: 0//' ,S/ Qj, Attorneys for Plaintiff
d ti;
-
rri `1
!'
9 v ...
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C
. F:\ir4S\C1ients\7619 Dickinson College\Collections\Cutrent\97\7619C.97.pra.default
Created 3/5/03 2:23:29 PM
Revised: 9/17/09 9:35:55 AM
Christopher E. Rice, Esquire
Attorney I.D. No. 90916
MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER
MARTSON LAW OFFICES
Ten East High Street
Carlisle, PA 17013
(717) 243-3341
Attorneys for Plaintiff
DICKINSON COLLEGE, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V.
KILLIAN S. KELLY,
Defendant
TO THE PROTHONOTARY:
: NO. 08 - 4719 CIVIL TERM
: CIVIL ACTION - LAW
PRAECIPE
Enter default judgment in the above-captioned action in favor of Plaintiff and against
Defendant Killian S. Kelly, in the amount of $26,802.45, plus attorney fees, late fees, costs of suit
and interest as forth within the Contract 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 was mailed to the
Defendant at the address indicated thereon, on June 9, 2009, which date was subsequent to the date
default occurred and at least ten (10) days prior to the date of the Praecipe.
MARTSON LAW OFFICES
Christopher E. Rice, Esquire
I.D. Number 90916
Ten East High Street
Carlisle, PA 17013
(717) 243-3341
e-1-7-01 Attorneys for Plaintiff
Dated:
FAFI1 V\Clients\7619 DickinsonCollege\Collections\Corrent\97\7619C.97.10daynotice
Created: 3/5103 2:23:29 PM
Revised: 619/09 8:42:35 AM
Christopher E. Rice, Esquire
Attorney I.D. No. 90916
MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER
MARTSON LAW OFFICES
Ten East High Street
Carlisle, PA 17013
(717) 243-3341
Attorneys for Plaintiff
DICKINSON COLLEGE, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. : NO. 08 - 4719 CIVIL TERM
KILLIAN S. KELLY, CIVIL, ACTION - LAW
Defendant
IMPORTANT NOTICE
TO: KILLIAN S. KELLY Date: June 9, 2009
13418 East Chicago road, Chandler, AZ 85225-6054
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN
APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITTEN WITH THE COURT
YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU
ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE
ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR
OTHER IMPORTANT RIGHTS.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE
A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN
PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO
PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES
TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
This a debt collecting firm attempting to collect a debt. Any information obtained will be used for
that purpose.
Cumberland County Lawyer Referral Service
Cumberland County Bar Association
32 South Bedford Street
Carlisle, PA 17013
Telephone:(717) 249-3166
MARTSON LAW OFFICES
By
06411C (;: x
Christopher E. Rice, Esquire
CERTIFICATE OF SERVICE
I, Mary M. Price, an authorized agent of MARTSON DEARDORFF WILLIAMS OTTO
GILROY & FALLER, 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. Killian S. Kelly
13418 East Chicago Road
Chandler, AZ 85225-6054
` MARTSON LAW OFFICES
By: ' V" r
M. Price
Ten East High Street
Carlisle, PA 17013
(717) 243-3341
Dated: 3)(/ 2 Q 7
THIS IS A DEBT COLLECTING FIRM ATTEMPTING TO COLLECT A DEBT. ANY
INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
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Christopher E. Rice, Esquire
MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER
MARTSON LAW OFFICES
I.D. 90916
10 East High Street
Carlisle, PA 17013
(717) 243-3341
Attorneys for Plaintiff
DICKINSON COLLEGE, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. : NO. 08 - 4719 CIVIL TERM
KILLIAN S. KELLY, CIVIL ACTION - LAW
Defendant
TO: KILLIAN S. KELLY, DEFENDANT
NOTICE OF ENTRY OF DEFAULT JUDGMENT
You are hereby notified that on 2009, the following Judgment was
entered against you in the above-captioned case: Judgment in the amount of $26,802.45, plus
attorney fees, late fees, costs of suit and interest as set forth within the Contract attached to the
Complaint for Defendant's failure to file an answer to the Complaint.
/4/dt4"- )e .
othonotary bB
I hereby certify that the name and address of the proper person to receive this notice under
Pa. R. Civ. P. 236 is:
Killian S. Kelly
13418 East Chicago Road
Chandler, AZ 85225-6054
F.\FILES\Clients\7619 Dickinson College\Collections\Cunent\97\7619C. 97. pra
Created- 3/5/03 22329 PM
Revised: 8/17/09 2-45:19 PM
Christopher E. Rice, Esquire
Attorney I.D. No. 90916
MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER
MARTSON LAW OFFICES
Ten East High Street
Carlisle, PA 17013
(717) 243-3341
Attorneys for Plaintiff
DICKINSON COLLEGE, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V.
KILLIAN S. KELLY,
Defendant
To the Prothonotary:
NO. 08 - 4719 CIVIL TERM
CIVIL ACTION - LAW
PRAECIPE
Please file the attached Affidavit of Service of the Maricopa County, Arizona, Sheriff's
Office documenting service of the Complaint upon Killian S. Kelly on October 1, 2008, at 13418
East Chicago Street, Chandler, Arizona.
MARTSON LAW OFFICES
By: L?lti- - ' <-
Christopher E. Rice, Esquire
10 East High Street
Carlisle, PA 17013
(717) 243-3341
Date: Attorneys for Plaintiff
MARICOPA COUNTY SHERIFF'S OFFICE
Civil Process Section
102 West Madison Street
Phoenix, Arizona 85003-2292
DICKINSON COLLEGE
VS.
KILLIAN S KELLY
STATE OF ARIZONA ) Case # 084719
) ss.
County of Maricopa ) Docket # C239667
M. MATTISON #51012, BEING FIRST DULY SWORN ON OATH DEPOSES AND SAYS:
THAT HE IS A CITIZEN OF THE UNITED STATES OVER THE AGE OF 21 YEARS:
THAT HE HAS NO INTEREST WHATSOEVER IN THE WITHIN ENTITLED MATTER; THAT
HE IS A REGULARLY APPOINTED DEPUTY SHERIFF OF MARICOPA COUNTY, ARIZONA,
AND AS SUCH HAS THE POWER TO SERVE CIVIL PROCESSES WITHIN SAID COUNTY;
THAT HE SERVED THE WITHIN NOTICE ON THE 1ST DAY OF OCTOBER, 2008, ON
THE WITHIN NAMED DEFENDANT KILLIAN S KELLY, IN PERSON, AT 13418 EAST
CHICAGO STREET, CHANDLER, ARIZONA, AT 9:05 A.M., IN THE COUNTY OF
MARICOPA, A COPY OF SAID NOTICE TO WHICH WAS ATTACHED A TRUE COPY OF
THE COMPLAINT MENTIONED THEREIN.
Fees:
1 service........ $ 16.00
24 miles.......... 57.60
1 notary......... 8.00
-------------
Total 81.60
Subscribed and sworn to before me
Joseph M. Arpaio
Maricopa County Sheriff
By i d( I-
M. MATTISON, #Sl 2, Deputy Sheriff
this f. Day of .(7-? ?., 1C? "
Notary Public in and for the County of Maricopa - State of Arizona
A9661 OFFICIAL SEAL C LF002
` V... DEBORAH L. SHELINE
3 NOTARY PUBLIC - State of Arizona
WRICOPA COUNTY
: '01-71 . Expires Dec. 4, 2009
CERTIFICATE OF SERVICE
I, Mary M. Price, an authorized agent of MARTSON DEARDORFF WILLIAMS OTTO
GILROY & FALLER, 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. Killian S. Kelly
13418 East Chicago Road
Chandler, AZ 85225-6054
MARTSON LAW OFFICES
k
By:
M ry . Price
Ten East High Street
Carlisle, PA 17013
(717) 243-3341
Dated: cal/C%
THIS IS A DEBT COLLECTING FIRM ATTEMPTING TO COLLECT A DEBT. ANY
INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
?ILi-O r i
O :etc PRO HONOTARY
2009 AUG 17 PM 2: 51