HomeMy WebLinkAbout08-5069F:\FII.ES\Clients\DickinsonCollege7619\Collections\Cwrent\241 \7619C.241.com
Created: 4128/03 1:34:03 PM
Revised: 8/20/08 9:10:21 AM
7619c.
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 - ?Q CIVIL TERM
DAVID A. PEIFER, 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
I
F:\FILES\Clients\DickinsonCollege7619\Collections\Curmnt\241 \7619C.24 Lcom
Created: 1/4/05 0:35PM
Revised: 8/7/08 4:23PM
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
T\T/\T
L1?.?uvJViv UULLEUE, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. : NO. 08 - SO & Q CIVIL TERM
DAVID A. PEIFER, CIVIL ACTION - LAW
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 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, David A. Peifer is an adult individual with a last known address of 921
Gettysburg Pike, Apt. B, Mechanicsburg, Cumberland County, Pennsylvania.
3. On or about October 1, 1984, Defendant entered into a Flexible Financing Loan with
Plaintiff for the financing of $2,500.00, plus interest fixed at 11.00% ($.88 per day) and costs by
Defendant on his own behalf, for educational services and benefits at Plaintiff's institution. A copy
of Note #1 is attached hereto as Exhibit "A."
4. On or about February 19, 1993, Defendant entered into a Flexible Financing Loan
with Plaintiff for the financing of $5,690.00, plus interest fixed at 7.50% ($1.24 per day) and costs
by Defendant on his own behalf, for educational services and benefits at Plaintiff's institution. A
copy of Note #2 is attached hereto as Exhibit "B.-
5. Note #1 and Note #2 are funds created under Part E of Title IV of the High
er
Education Act of 1965 as amended (hereinafter the "Act") and are subject to the Act and the Federal
Regulations issued under the Act.
6. 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.
7. Note #2 grants Plaintiff reasonable collection and attorneys' fees which Plaintiff has
calculated to be $1,500.00.
8. Plaintiff has fulfilled, performed and complied with all obligations, conditions and
notices required under Note #1 and Note #2.
9. Plaintiffwas making payments towards both Notes as ofJuly 2005, but failed to make
payments since.
10. Defendant signed a Reaffirmation Agreement dated March 29, 2004, which is
attached hereto as Exhibit "C".
COUNTI
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 and Note #2 by failing to pay the amounts financed therein.
WHEREFORE, Plaintiff demands judgment against Defendant in the amount of $7,716.34
for Note #1 and $10,434.17 for Note #2 as of July 28, 2008, plus interest as stated on each Note,
costs of suit and attorney fees.
COUNT II
IN QUANTUMMERUIT
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.
WHEREFORE, Plaintiff demands judgment against Defendant in the amount of $7,716.34
for Note #1 and $10,434.17 for Note #2 as of July 28, 2008, plus interest as stated on each Note,
costs of suit and attorney fees.
MARTSON LAW OFFICES
By. 0,4'.e S.
Christopher E. Rice, Esquire
I.D. Number 90916
Ten East High Street
Carlisle, PA 17013-3093
(717) 243-3341
Attorneys for Plaintiff
Date:
This a debt collecting firm. Any information obtained will be used for that purpose.
EXHIBIT °'A"
OCT a 6 194
DICKINSON COLLEGE FLEXIBLE FINANCING SYSTEM - 2500 PLAN
EDUCATIONAL GOODS AND SERVICES RETAIL INSTALLMENT CONTRACT
Date October 1, 1984
I. Seller: Dickinson College, Carlisle, Pennsylvania 17013
Buyer(s): Robert and Linda Peif r
-517 Warren StrAnt-, TamnVTlP, 2,1111
ig
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 Retail Installment
Contract, you have agreed to pay the expenses incurred for goods and services
to be provided and rendered, as the case may be, to Robert. Jr
(hereinafter "Student") during his/her enrollment at Dickinson College during
the _ 1984-$5 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 the following: Tuition and
room and board
II. TERMS OF PAYMENT AND PAYMENT SCHEDULE
Disclosures Required by Federal Law
ANNUAL
PERCENTAGE FINANCE AMOUNT FINANCED: TOTAL OF
RATE: CHARGE:
Dollar Amount Amount of credit PAYMENTS:
1 Cost of credit
credit will provided by
Dickinson Colle
e Amount paid
b
B
i as yearly rate
cost Buyer g y
uyer as
total of all
Prior to repay-
I scheduled
ment: 11.000 % payments
During repay-
'
ment: 11.000 % $ 1.711.28 $2.500•QQ____ $4,2t?_7R
v
TOTAL SALE
PRICE:
Total cost of
purchase on
credit, in-
cluding down
payment of
$ 8.540 00
$ 11,040.00
Buyer's payment schedule will be as follows:
Number of Payments Amount of Payments When Pa ments Are Due
monthly commencing November 1. 1984,
and continuing until May 1. 1987
31 22.92 or such time as Student is no long-
er enrolled at Dickinson (or in an
approved full-time off-campus pro-
gram of studies), whichever is
earlier.
onthly commencing June 1, 1987
72 47.58 r suc
h time as Student is no longer
Tc
nrolled at Dickinson (or in an
pproved full-time off-campus program
f studies), whichever is earlier.
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 SCHEDULED DATE FOR REPAYMENT
OF THE AMOUNT FINANCED.
III. ITEMIZATION OF AMOUNT FINANCED
1.
2.
3.
4.
5.
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):
$ 11,040.00
8.540.00
2.500.00
.00
$ 2.500.00
-2-
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 UNLESS
BUYER HAS BEEN GIVEN A SEPARATE WRITTEN WARRANTY.
VI. ADDITIONAL PROVISIONS
1. 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 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 Industrial Valley Bank at the following address:
Industrial Valley Bank
P.O. Box 433
Upper Darby, Pennsylvania 19082
2. 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.
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 outstanding
with Seller,
(c)failure to perform any other provision of the Contract,
(d) providing Seller with false information or signatures,
(e) death, incompetence, or conviction of any Buyer of crime in-
volving fraud or dishonesty,
(f) insolvency or bankruptcy of any Buyer.
4. Upon or after 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
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 Contract to be immediately due and payable.
-3-
5. 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 rights and remedies
shall be cumulative. Seller's exercise of one or more rights shall not cause
Seller to lose any other rights.
6. This 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 rights and remedies.
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.
8. The laws of the Commonwealth of Pennsylvania shall apply to this Con-
tract except to the extent supplemented, superseded or pre-empted by federal
law.
9. This Contract shall be binding upon the parties hereto, their heirs,
successors, assigns and legal representatives.
10. 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 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 LEG L OUND BY ITS TERMS.
4 t?:
BUYER(S): S4 11.1 -
t.
DATE: DICKINSON COLLEGE
??fzE t k4 By
-4-
EXHIBIT °B"
l? J
DICKINSON COLLEGE FLEXIBLE FINANCING SYSTEM - PLAN B
EDUCATIONAL GOODS AND SERVICES RETAIL INSTALLMENT CONTRACT
Date February 19, 1993
I. Seller: Dickinson College, Carlisle, Pennsylvania 17013-2896
Buyer(s): Robert A. and Linda J. Peifer
517 Warren Street
Lemoyne. PA 17043
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 Retail Installment Contract,
you have agreed to pay the expenses incurred for goods and services to be provided
and rendered, as the case may be, to David A- Ppifer
(hereinafter "Student") during his/her enrollment at Dickinson College during the
academic year, including tuition, room and board, books and supplies as herein state
(hereinafter the "Goods and Services").
The Goods and Services shall include only tuition, room and board.
II. TERMS OF PAYMENT AND PAYMENT SCHEDULE
Disclosures Required by Federal Law
ANNUAL PERCENTAGE FINANCE CHARGE. AMOUNT FINANCED: TOTAL OF PAYMENTS: TOTAL SALE
RATE:* Dollar amount Amount of credit Amount paid by PRICE:
Cost of credit as credit will provided by Buyer as total of Total cost of
yearly rate cost Buyer Dickinson College all scheduled purchase on
payments credit, in-
cluding down
payment of
$ 15,670.00
7.50 $ $ 3,047.92 5,690.00 8,737.92 21
360
00
$ $ $
,
.
Rev 2/92
Buyer's payment schedule will be as follows:
Number of Payments Amount of Payments When Payments are Due
148
$59.04 Monthly commencing 2/28/92
until 5/28/05
*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, 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 $ 5.690.00 at 7.50 % per annum
for 148 months, and the prime rate plus 1% were increased to 8,
your regular monthly payments would increase to $ 62.18 Further,
the ANNUAL PERCENTAGE RATE will not increase to more t an 88 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 SCHEDULED DATE FOR REPAYMENT OF THE AMOUNT FINANCED.
III. ITEMIZATION OF AMOUNT FINANCED
1. Cash price of Goods and Services: $ 21,360.00
2. Total down payment: 15,670.00
3. Unpaid balance of cash price (1 - 2): 5,690.00
4. Amount paid to others on Buyer's behalf: 0
5. Amount Financed (3 + 4): $ 5,690.00
2
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 UNLESS BUYER HAS BEEN GIVEN
A SEPARATE WRITTEN WARRANTY.
VI. ADDITIONAL PROVISIONS
1. 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 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 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 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.
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 outstanding with Seller,
(c) failure to perform any other provision of the Contract,
(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 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 default and of
Buyer's right to cure the default. The notice will provide the time, amount and
performance netessary 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 Contract to be immediately 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.
5. 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 rights and remedies shall be
cumulative. Seller's exercise of one or more rights shall not cause Seller to
lose any other rights.
6. This 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.
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.
8. 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, superseded or preempted by federal law.
3
9. CONSENT TO JURISDICTION 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 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 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 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 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 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.
BUYER(S):
-? Q
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:
STUDENT COSIGNER
TRANSCRIPT OF A STUDENT'S RECORD WILL NOT BE RELEASED
IF LOAN PAYMENTS TO THE COLLEGE ARE IN ARREARS OR
DEFAULT.
DATE: DICKINSON COLLEGE
2 ' ( 7 `3 BY a,.?.
r
4
EXHIBIT "C"
1MARTS6N DF-ARDORFF WILLIAMS &'U,-To
M 0
INFORMATION • ADVICE • ADVOCACY
TEN EAST HIGH STREET
CARLISLE, PENNSYLVANIA 17013
TELEPHONE (717) 243-3341
FACSIMILE (717) 243-1850
INTERNET www.mdwo.com
Mr. David A. Peifer
500 Mumper Lane
Dilisburg, PA 117/ 09G
March 29, 2004
RE: Dickinson College Loan - Re-Affirmation Agreement
Our File No: 7619C.241
Dear Mr. Peifer:
ATTORNEYS & COUNSELLORS AT LAW
WILLIAM F. MARTSON
JOHN B. FOWLER III
EDWARD L. SCHORPP
DANIEL K. DEARDORFF
THOMAS J. WILLIAMS*
No V. Orro III
GEORGE B. FALLER JR.'
CARL. C. RISCH
DAVID A. Fn-zsIMONS
DAVID R. GALLOWAY
ANTHONY T. LUCIDO
CHRISTOPHER E. RICE
STEVEN J. SHANAHAN
`BOARD CERTIFIED CR'11. TRIAL SPECIALIST
As you know, we represent Dickinson College (hereinafter "Dickinson") in the above matter.
In response to your letter dated March 17, 2004, we write to inform you that Dickinson will accept
your proposed payment plan detailed in that letter and write to offer more specific payment terms.
You promise to pay Dickinson $100.00 per month until the debt is satisfied. All payments
should be made payable to "MDW&O" and forwarded to our attention at the above address.
Additionally, all payments must be made by the 20`h day of each month, beginning April 20, 2004.
As you know, interest will continue to accrue as per the terms of the Student Loan Notes previously
forwarded. If you agree to these repayment terms and to reaffirm your obligation to Dickinson,
please sign below where indicated and return to our attention, along with the first payment, by
April 20, 2004. As you can see, we also request that you obtain your parents' signatures where
indicated. For your convenience, we enclose a copy of this re-affirmation agreement for your file.
In making this communication, we are advising you this firm is attempting to collect a debt
for Dickinson College. Any information gained from this communication will be used for that
purpose.
Very truly yours.
DRG/tde
Enclosures
cc: Ms. Sally Heckendom (via e-mail)
MARTSON D ORFF WILLIAMS & OTTO
7??
David R. Wa
INFORMATION • ADVICE 9 ADVOCACY`'
Mr. David A. Peifer
March 29, 2004
Page 2
We, Robert Peifer, Linda Peifer and David Peifer, intending to be legally bound hereby,
reaffirm under seal, the debt owed to Dickinson College, and agree to the terms and conditions of
this payment agreement. It is also hereby agreed by and between the parties, that this document may
be executed in counterparts.
Robert Peifer
Linda Peifer
Davi P-eif-er
F TILES\DATAFILE\Dickinson College 76191DickinsonCollegeCollections7619C\Current\241.dp2
Dated
Dated
is U?
Dated
INFORMATION • ADVICE • ADVOCACY""
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 unsworn 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: R/a-s'/0r
F: \FILES\Clients\DickinsonCollege7619\Colkctions\Cmmt\24I \7619C. 41. cm
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SHERIFF'S RETURN - REGULAR
CASE NO: 2008-05069 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
DICKINSON COLLEGE
VS
PEIFER DAVID A
NOAH CLINE , Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT & NOTICE was served upon
PEIFER DAVID A the
DEFENDANT
, at 0930:00 HOURS, on the 4th day of September, 2008
at 921 GETTYSBURG PIKE APT B
MECHANICSBURG, PA 17055 by handing to
DAVID A PEIFER
a true and attested copy of COMPLAINT & NOTICE together with
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
`I)it167
18.00
10.00
.00
10.00
.00
38.00
Sworn and Subscibed to
before me this day
of ,
So Answers:
R. Thomas Kline
09/05/2008
MARTSON LAW OFFICES
By:
Deputy Sheriff
A. D.
.+,rr
F: \FILES\Clients\DickinsonCollege7619\Collections\Current\24I \7619C.241. stipulation/drg
Created: 11/13/02 11:27:29 PM
Revised: 03/30/09 03:39.41 PM
7619c.
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.
DAVID A. PEIFER,
: NO. 08 - 5069 CIVIL TERM
: CIVIL ACTION - LAW
Defendant
STIPULATION AND AGREEMENT FOR ENTRY OF JUDGMENT
AND NOW, comes Plaintiff DICKINSON COLLEGE by and through its attorneys,
MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER, and Defendant David A.
Peifer, 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 him in favor
of Plaintiff in the amount of $10,434.17, plus interest from July 28, 2008, in the amount of $1.24 per
day until the date of this Stipulation, and at 2.0% per annum thereafter until the balance is paid in
full, and in the amount of $2,871.70, plus interest at $.47 per day until the date of this Stipulation,
and at 2.0% per annum until the balance is paid in full, plus attorneys' fees in the amount of $750.00
and costs of suit.
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.
B `
Geoffrey A. Biringer, Esquire
MidPenn Legal Services
401 East Louther Street, Suite 103
Carlisle, PA 17013
(717) V-q 9W C,
By.
Date: 57! 5/pZeloChristopher E. Rice, Esquire
Attorney for Defendant
Martson Law Offices
Ten East High Street
Carlisle, PA 17013-3093
(717) 243-3341
Attorney for Plaintiff
s-s-o7
Date:
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 Stipulation was served this date by depositing same in the
Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows:
Geoffrey M. Biringer, Esquire
MidPenn Legal Services
401 East Louther Street, Suite 103
Carlisle, PA 17013
MARTSON LAW OFFICES
By
M . Price
Ten st High Street
Carlisle, PA 17013
(717) 243-3341
This is a debt collecting firm and any information obtained will be used for that purpose.
Date: 7// S2 ? 9
.
FILED- 0 t-', i""JF
OF THE
'ARY
2009 SEP 15 U l c;. 4 9
C,rlJik" ?E t
PBll
a
F: \FILES\Clients\DickinsonCollege7619\Collections\CwTent\241 \7619C.241.Order
Created: 6/19/03 4:08PM
Revised: 5/27/09 1 1:43AM
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
SEP 16 p009? 2-00
DICKINSON COLLEGE,
Plaintiff
V.
DAVID A. PEIFER,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 08 - 5069 CIVIL TERM
: CIVIL ACTION - LAW
ORDER OF URT
AND NOW, this C day of
, 2009, upon consideration of the attached
04?L)
Stipulation, judgment is hereby entered in favor of Plaintiff, Dickinson College, against Defendant,
David A. Peifer, in the amount $10,434.17, plus interest from July 28, 2008, in the amount of $1.24
per day until the date of this Stipulation, and at 2.0% per annum thereafter until the balance is paid
in full, and in the amount of $2,871.70, plus interest at $.47 per day until the date of this Stipulation,
and at 2.0% per annum until the balance is paid in full, plus attorneys' fees in the amount of $?,WO
and costs of suit.. Prothonotary is directed to enter and index this j
BY THE
for Plaintiff.
,/6ristopher E. Rice, Esquire
I.D. 90916
Ten East High Street
Carlisle, PA 17013
I-- for Defendant:
Geoffrey M. Biringer, Esquire
MidPenn Legal Services
401 East Louther Street, Suite 103
Carlisle, PA 17013
wp i fS m ?tl£c?
,K. ?
OF THE C, OTARY
2004 SEP 16 PM 3* 52
CU v ?JtjltTY
5 ?l
F:\FILES\Clients\7619 Dickinson College\Collections\Cuaemt\241\76I9C.241.pra2/drg
Created: 11/13/02 11:27:29 PM
" Revised: 10/12/09 11:15 09 AM
7619c.
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.
DAVID A. PEIFER,
To the Prothonotary:
Defendant
: NO. 08 - 5069 CIVIL TERM
: CIVIL ACTION - LAW
PRAECIPE
Please enter judgment on the Order of Court entered September 6, 2009 in the amounts of
$10,434.17, plus interest from July 28, 2008, in the amount of $1.24 per day until the date of this
Stipulation, and at 2.0% per annum thereafter until the balance is paid in full, and in the amount of
$2,871.70, plus interest at $47 per day until the date of this Stipulation, and at 2.0% per annum until
the balance is paid in full, plus attorneys' fees in the amount of $750.00 and costs of suit.
MARTSON LAW OFFICES
By. (?3?
Christopher E. Rice, Esquire
Martson Law Offices
Ten East High Street
Carlisle, PA 17013-3093
(717) 243-3341
Attorney for Plaintiff
Date:
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:
Mr. David A. Peifer
c/o Geoffrey M. Biringer, Esquire
MidPenn Legal Services
401 East Louther Street, Suite 103
Carlisle, PA 17013
MARTSON LAW OFFICES
By ' 62?
M Price
Ten ast High Street
Carlisle, PA 17013
(717) 243-3341
Dated: to/m/0 9
THIS IS A DEBT COLLECTING FIRM ATTEMPTING TO COLLECT A DEBT. ANY
INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
n
Z?09 Gv t ? 2 fill, ?3
F'w
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
PRAECIPE FOR WRIT OF EXECUTION
Caption: ? Confessed Judgment
DICKINSON COLLEGE, ? Other
. No. 2008-5069
v File
DAVID A. PEIFER AmountDue 1. $10,434,17 2. $2,871.70
Interest 1. $1.24/day 2. $.47/day
Atty,s Comm $750.00
Costs
TO THE PROTHONOTARY OF THE SAID COURT:
The undersigned hereby certifies that the below does not arise out of a retail installment sale,
contract, or account based on a confession of judgment, but if it does, it is based on the appropriate original
proceeding filed pursuant to act 7 of 1966 as amended; and for real property pursuant to Act 6 of 1974 as
amended.
Issue writ of execution in the above matter to the Sheriff of Cumberland
County, for debt, interest and costs, upon the following described property of the defendant (s)
Any and all personal property owned by Defendant David A.
Peifer
921 Gettysburg Pike, Apt. B, Mechanicsburg, PA 17055
PRAECIPE FOR ATTACHMENT EXECUTION
Issue writ of attachment to the Sheriff of County, for debt, interest
and costs, as above, directing attachment against the above-named garnishee(s) for the following property
(if real estate, supply six copies of the description; supply four copies of lengthy personalty list)
and all other property of the defendant(s) in the possession, custody or control of the said garnishee(s).
? (Indicate) Index this writ against the garnishee (s) as a lis pendens against real estate of the
defendant(s) described in the attached exhibit.
Date Signature:
Print Name: Christopher E. Rice, Esquire
Address: 10 East High Street
Carlisle, PA 17013
Attorney for: Plaintiff
Telephone: (717) 243-3341
Supreme Court ID No90916
s
Fil ED--0,F'R E
2099 OCT 12 A It: C 3
l 00
141
11
D 'jai
J1)7<
?3/ luk
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NOOS-5069 Civil
CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due DICKINSON COLLEGE Plaintiff (s)
From DAVID A. PEIFER AT 921 GETTYSBURG PIKE, APT. B, MECHANICSBURG, PA
17055
(1) You are directed to levy upon the property of the defendant (s)and to sell ANY AND ALL
PERSONAL PROPERTY OWNED BY DEFENDANT DAVID A. PEIFER AT 921
GETTYSBURG PIKE, APT. B, MECHANICSBURG, PA 17055.
(2) You are also directed to attach the property of the defendant(s) not levied upon in the possession
of
GARNISHEE(S) as follows:
and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from
paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant
(s) or otherwise disposing thereof;
(3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession
of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a
garnishee and is enjoined as above stated.
Amount Due 1. $10,434.17 2. $2, 871.70
Interest 1. $1.24/DAY 2. $.47/DAY
Atty's Comm$750.00 %
Atty Paid $171.00
Plaintiff Paid
Date: 10/12/09
(Seal)
L.L.$.50
Due Prothy $2.00
Other Costs
ueputy
REQUESTING PARTY:
Name CHRISTOPHER E. RICE, ESQ
Address: 10 EAST HIGH STREET
CARLISLE, PA 17013
Attorney for: PLAINTIFF
Telephone: 717-243-3341
Supreme Court ID No. 90916