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Home My WebLink About04-4078 6 F;\fILES\DATAFrLE\Dickinson College 7619\DickinsonCol1c:geColleCliOlls7619CICurrent\264-coml_wpdlelk Created: 6/1.3/033:00PM Revised: B/16/042:36PM 7619c,264 DICKINSON COLLEGE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 0 '1- 'fo; 'i CNIL ACTION-LAW C;v: I - Ie. jr "" VICTOR DEL VILLAR AND ANA CELIA ORTIZ, Defendants JURY TRIAL OF TWELVE DEMANDED NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiffs. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGffiLE PERSONS AT A REDUCE FEE OR NO FEE: Cumberland County Bar Association 32 South Bedford Street Carlisle, PelIlJsylvania 17013 Telephone (717) 249-3166 Dated: August 16, 2004 WILLIAMS & OTTO DICKINSON COLLEGE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 0 t/_ '-/0 7<f CNIL ACTION-LA W VICTOR DEL VILLAR AND ANA CELIA ORTIZ, Defendants JURY TRIAL OF TWELVE DEMANDED COMPLAINT AND NOW, comes Plaintiff, Dickinson College, by and through its attorneys, MARTS ON DEARDORFF WILLIAMS & OTTO, and hereby avers as follows: I. Plaintiff Dickinson College (hereinafter "Dickinson") is a Pennsylvania educational institution with its principal offices located in Carlisle, Cumberland County, Pennsylvania 17013. 2. Defendant, Victor Del Villar, (hereinafter "Student"), is an adult individual whose last known address is 10500 RockviIIe Pike #111, Rockville, MD 20852. 3. Defendant, Ana Celia Ortiz, (hereinafter "Parent"), is an adult individual whose last know address is 1920 Merrimac Ave., Adelphi, MD 20783. 4. On or about March 7, 1996, Parent and Student entered into a Promissory Note (Note #1) with Dickinson for the financing of$I,900, plus interest, for educational services and benefits at Dickinson. A copy of Note #1 is attached hereto as Exhibit "A." 5. The total principal balance for Note #1 is 1,900.00. 6. Note #1 grants Dickinson reasonable attorney and collection fees which Dickinson has calculated to be $500.00. 7. The outstanding balance of$1 ,972. 79 represents the total and actual overdue of the financing provided to Student and Parent under Note # I. COUNT I BREACH OF CONTRACT Dickinson ColIel1e v. Victor O. Del Villar and Ana Celia Ortiz 8. Plaintiff hereby incorporates by reference the averments contained in Paragraphs 1 through 7 of this Complaint. 9. Student and Parent breached the expressed and implied obligations, conditions and terms of agreement of Note #1 by failing to pay the amounts financed therein. 10. As of June 29,2004, the outstanding balance due and payable by Student and Parent to Dickinson was $1,972.79 plus interest accruing thereafter at $.25 per day, attorney and collection fees in the amount of $500.00 and costs of suit. 11. Dickinson fulfilled, performed and complied with all obligations and conditions of Note #1. WHEREFORE, Dickinson demands judgment against Defendants in the amount of$l ,972. 79 plus interest accruing at $.25 per day, attorney and collection fees in the amount of$500.00 and costs of suit. COUNT II IN QUANTUM MERUIT Dickinson Collee:e v. Victor O. Del Villar In the alternative, if this Honorable Court should determine that an express contract between Dickinson and Student does not exist, which is denied, Dickinson pleads the following: 12. Plaintiff hereby incorporates by reference the averments contained in Paragraphs 1 through 11 of this Complaint. 13. Because Dickinson loaned money to Student, to the benefit of Student, Student became liable to Dickinson for said money. 14. Student was unjustly enriched by accepting said money without paying Dickinson reasonable compensation therefor. 15. As of June 29, 2004, the total amount by which Student became enriched was $1,972.79 plus interest accruing thereafter at $.25 per day. 16. Dickinson demanded payment of the above sums but Student failed and refused to do so. WHEREFORE, Dickinson demands judgment against Student in the amount of $ I ,972.79 plus interest accruing at $.25 per day, attorney and colIection fees in the amount of$500.00 and costs of suit. M Date: August 16, 2004 By David R. Galloway, I. D. Number 87326 Ten East High Street Carlisle, PAl 70 I3 (717) 243-3341 Attorneys for Plaintiff ~/! "'-/' DICKINSON COLLEGE FLEXIBLE FINANCING SYSTEM - PLAN B EDUCATIONAL GOODS AND SERVICES RETAIL INSTALLMENT CONTRACT March 7, 1996 I. Seller: Dickinson College, Carlisle, Pennsylvania 17013-2896 Buyer(s): Ana Celia Ortiz 525 Thayer Ave 1317 Silver Spring, MD 20910 If there is more than one Buyer, each of you will be obligated, jointly and severally, for all Bums due and for the performance of all agreements as provided in this Contract a 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 Victor del Vil~ (hereinafter "Student") during his/her enrollment at Dickinson College during the 1995-1996 academic year, including tuition, room and board, books and supplies as herei~ stated (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 TOTAL SALE RATE: * Dollar amount Amount of credit PAYMENTS: PRICE: Cost of credit as credit will provided by Amount paid by Total cost of yearly rate cost buyer Dickinson College Buyer as total of purchase on all scheduled credit, including payments down payment of $ 16,370.00 10.00 % $ 1,392.30 $ 1,900.00 $ 3,292.30 $ 24,870.00 Rev 2/92 Exhibit "A" Number of Payments 146 *Variable Rate: Late Charge: Prepayment: Buyer's payment schedule will be as follows: Amount of Payments When Payments are Due $ 22.55 Monthly commencing 04/28/96 until OS/28/08 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 mare 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 $1,900.00 at 10.00\ per annum for 146 months and the prime rate plus 1\ were increased to 11.00\, your regular monthly payments would increase to S 23.66. 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. If a payment is more than 15 days lats, a sum equivalent to 5\ of the late payment (but no more than $2.50 and not less than $1.00) may be charged. 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. III. ITEMIZATION OF AMOUNT FINANCED l- Cash price of Goods and Services: $ 24,870.00 2. Total down payment: 22,970.00 3. Unpaid balance of cash price (1 - 2) , 1,900.00 4. Amount paid to others on Buyer's behalf: - 0 - 5. Amount Financed (3 + 4) : $ 1,900.00 V. 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 Eduserv Technologies, Inc. at the following address: Ecuserv Technologies, Inc. P.O. Box 64974 St. Paul, MN 55164-0974 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 Seller1s consent) to reinstate the Contract if Buyer timely cures any default. 3.. a'u.ye.z:: 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 I dvisinq Buyer of the default a~d of Buyer's right to cure the default. The notice will provide thetime, 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. 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. 5. 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 3 Contract, which A~signee shall have ell 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. 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 t.o the r€.~spect;ive party at the addreos set rcr-=h abOV!2. 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 TO BE LEGALLY BOUND BY I~S TERMS. _ ~"ct-) f!,; THIS CONTRACT AND INTEND(S) BUYER(S) : f) ~~3' I AGREE TO REPAY ALL AMOUNTS DUE ON THIS LOAN IF THE BORROWER(S)jBUYER(S) FAILS TO DO SO IN ACCORDANCE WITH ~. OF THE NOTE: STUDENT COSIGNER(( (~_ - ~ T~SG~PT OF A,STUDENT'S RECORD WILL NOT BE RELEASED IF LOAN PAYMEN.I.:S TO THE COLLEGE ARE IN ARREARS OR DEFAULT. DATE: DICKINSON COLLEGE 3 7 - '/ (. BY ~J};1---:J p- .. 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 ofthis 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 ThO~ .L...... Assistant Treasurer of Dickinson College Dated: g II Iii 10-/ F:\FILES\DATAFILElDickillson College 7619\DickinsooCoJlegeCollections76J9C\Current\264-coml.wpd '1: ~ 30 ~ \\ ~ - - ~ \r\ ().1 v\ . \ ~ ~ u. ~ u' '0<\ ..Jl ~ ... F IFILES\DA T AFILE\DickinsonCollege76 I 91CollectionslCurrent\264 pra I Created; 12117/04 8.45AM Revised; 12/17/04 8.57AM 7619c264 David R. Galloway, Esquire MARTSON DEARDORFF WILLIAMS & OTTO Ten East High Street Carlisle, P A 17013 (717) 243-3341 Attorneys for Plaintiff DICKINSON COLLEGE, Plaintiff IN THE COURT OF COMMON PLEAS OF C~BERLAN[)COUNTY,PENNSYLVAN[A v. NO. 04-4078 CIVIL ACTION-LAW VICTOR DEL VILLAR AND ANA CELIA ORTIZ, Defendants JURY TRIAL OF TWELVE DEMANDED PRAECIPE TO THE PROTHONOTARY OF C~BERLAND COUNTY: Please file the Affidavit of Service attached hereto. By David R. Galloway, Es J.D. Number 87326 Ten East High Street Carlisle, P A 17013 (717) 243-3341 Date: December 17,2004 Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DICKINSON COLLEGE, Plaintiff V. CASE NUMBER: 04-4078 CNIL TERM VICTOR DEL VILLAR AND ANA CELIA ORTIZ Defendants. CNIL ACTION-LAW JURY TRIAL OF TWELVE DEMANDED AFFIDAVIT OF SERVICE ON ANA CELIA ORTIZ I, Troy A. Blades, hereby certify that I served a copy of the attached NOTICE and COMPLAINT, on Ana Celia Ortiz, at 7:53 p.m. on Tuesday, November 16, 2004 at her residence, 1920 Merrimac Avenue, Adelphia, Maryland 20783, by personally leaving the said documents with her. The undersigned further certifies that he is over 18 years of age and is not a party to this action. I SOLOMNL Y AFFIRM under the penalties of perjury that the contents of the foregoing affidavit are true to the best of my knowledge, information and belief. ~~~ Safe and Secure Enterprises, Inc. 1290 Bay Dale Drive, PMB 111 Arnold, Maryland 21012 1-877-379-6166 Date: I~/i/(J cy Troy A. Blades personally appeared before me, A Notary Public of the State of Maryland, and made oath to the facts set forth on 1:2/ t>8 /l]..ovL{ f I LAZlNA ABDOOl My commission expires!2!/-! 67 /.2ui5 :~~i~~~ flarrM-d ~ tV' CERTIFICATE OF SERVICI~ I, Jean Taylor, an authorized agent of Marts on DeardorfnVilliams & Otto, hereby certify that a copy of the foregoing Praecipe was served this date by depositing same in the Post Office at Carlisle, P A, first class mail, postage prepaid, addressed as follows: Mr. Victor Del Villar 1920 Merrimac Avenue Adelphia, MD 20783 Ms. Ana Celia Ortiz 1920 Merrimac Avenue Adelphia, MD 20783 B Dated: December 17, 2004 ..... " -, ;';~2 -,. r::-! (, ' C.') -.J -or; " 1\ .'.l (!\ "-0 .'\ -(~ - - F:\FILES\DA T AFlLE\Di<kinsonCollege7619\Colleclions\Current\264 pra 1 Created: 12117104 S-45AM Rem.d. 12/17104 S:57AM 76\9c.264 David R. Galloway, Esquire MARTSON DEARDORFF WILLIAMS & OTTO Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff DICKINSON COLLEGE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 04-4078 CNIL ACTION-LAW VICTOR DEL VILLAR AND ANA CELIA ORTIZ, Defendants JURY TRIAL OF TWELVE DEMANDED PRAECIPE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please file the Affidavit of Service attached hereto. MARTSON DEARDO ~ By .1:::~ David R. Galloway, I.D. Number 87326 Ten East High Street Carlisle, P A 17013 (717) 243-3341 Date: December 17, 2004 Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DICKINSON COLLEGE, Plaintiff V. CASE NUMBER: 04-4078 CIVIL TERM VICTOR DEL VILLAR AND ANA CELIA ORTIZ Defendants. CNIL ACTION-LAW JURY TRIAL OF TWELVE DEMANDED AFFIDAVIT OF SERVICE ON VICTOR DEL VILLAR I, Troy A. Blades, hereby certify that I served a copy of the attach(~d NOTICE and COMPLAINT, on Victor Del Villar, at 7:53 p.m. on Tuesday, November 16, 2004 at his residence, 1920 Merrimac Avenue, Adelphia, Maryland 20783, by leaving the said documents with his mother, Ana Celia Ortiz, whom also resides at this address. The undersigned further certifies that he is over 18 years of age and is not a party to this action. I SOLOMNL Y AFFIRM under the penalties of perjury that the contents of the foregoing affidavit are true to the best of my knowledge, information and belief. ~~~ Safe and Secure Enterprises, Inc. 1290 Bay Dale Drive, PMB 111 Arnold, Maryland 21012 1-877-379-6166 Date: I~~ / 1/ 0 ~ Troy A. Blades personally appeared before me, A Notary Public of the State of Maryland, and made oath to the facts set forth on /,;2 - 8 - .:l-ovt..f- I.AZlNA ABDOOl ~~~< My commission expires ff!Lj Z> / /~ ~ _ cj L;;dJ CERTIFICATE OF SERVICE I, Jean Taylor, an authorized agent of Marts on 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, P A, first class mail, postage prepaid, addressed as follows: Mr. Victor Del Villar 1920 Merrimac Avenue Adelphia, MD 20783 Ms. Ana Celia Ortiz 1920 Merrimac Avenue Adelphia, MD 20783 aylor T ast High Street Carlisle, P A 17013 (717) 243-3341 Dated: December 17,2004 (...~) c^' -'- '-:~) ~~ (".':') ...... {'~~ \' \ ('""j () ~'\ I .-\ -l - \ - -,., 'i ~,\ '". 0"" - ~ 'I ~ ..~ (:-'-<;~~ \" . ";"'?~ , David R, Galloway, Esquire MARTSON DEARDORFF WILLIAMS & OTTO J.D. 87326 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff DICKINSON COLLEGE, Plaintiff ..-> S".~ ~i~. t- IN THE COURT OF COMMON PLEAS 0:/"1 ~_! ',~ in CUMBERLAND COUNTY, PENNS'S:"IlN ANlA ~;'.~. I" "-"'j Ul v. NO. 04-4078 CIVIL ACTION-LA W '~;.I - \". -0 VICTOR DEL VILLAR AND ANA CELIA ORTIZ, Defendants 2' ::2 JURY TRIAL OF TWEL VB DEMANDED NOTICE OF ENTRY OF DEFAULT JUDGMENT TO: VICTOR DEL VILLAR AND ANA CELIA ORTIZ, DEFENDANTS You are hereby notified that on Fi.,b. ~ ~ , 2005, the following Judgment was entered against you in the above-captioned case as follows: Principal plus interest through June 29, 2004: Interest from June 29, 2004, through February 25,2005: Attorneys' fees: Total Judgment: $1,972.79 $ 60.25 $ 500.00 $2,533.04 Costs of suit and interest accruing at $.25 per day from February 25,2005, shall be added to the Judgment for Defendants' failure to file an Answer to the Complaint, ~C,n~ 1< -~ Prot onotary I hereby certify that the name and address. of the .proper person to receive this notice under Pa. R. Civ. P. 236 is: c?2) ((~ =g ~ Mr. Victor Del Villar I 920 Merrimac A venue Adelphia, MD 20783 Ms, Ana Celia Ortiz 1920 Merrimac Avenue Adelphia, MD 0783 Date: February 25, 2005 M~?~ By <:: David R. Galloway Attorneys for Plaintiff -'"' o -n ..,-j ::L-n rnf~':: .-orT) 'oC '() ,1., ~r~ :~,~ \:;~ (.~:) "L5cn --, .,. ').J '.< (.~ C'J .<:- .. r IFI L ES\ DA T AFJ LEIDick insl)nCollege 761 <:lIC olkel ;"ns',C "nClll\~h~. pr32 CreJll'd' 1/4/059:55AM Revised: 2125105 9,43AM 7619C.264 David R. Galloway, Esquire MARTS ON DEARDORFF WILLIAMS & OTTO Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff DICKINSON COLLBGE, Plaintiff v. IN THE COURT OF COMMON PLEAS O:fu 0 CUMBERLAND COUNTY, PENNSy.LV AmA"h ,":': .." ':::1 ro'1 :1,. II C-l rn p. NO, 04AOn' -ocTl ["..} ::lJO CNILACTION-LAW 01 ''1b (~ ~ :~:.~ ~4 C," 'C:": Co..,) ~"jn' JURYTRIALOFTWELVEDE~D;'; ~~; ..... .s=- .< PRAECIPE VICTOR DEL VILLAR AND ANA CELIA ORTIZ, Defendants TO THE PROTHONOTARY: Enter default judgment in the above-captioned action iu favor of Plaintiff and agaiust Defendants as follows: Principal plus interest through June 29, 2004: Interest from June 29, 2004, through February 25,2005: Attorneys' fees: $1,972,79 $ 60,25 $ 500.00 Total Judgment: $2,533.04 Costs of suit and interest accruing at $,25 per day from February 25, 2005, shall be added to the Judgment for Defendants' 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 Defendants at their last known address on December 17,2004, which date was subsequent to the date default occurred and at least ten (10) days prior to the date of the Praecipe, By vid R, Galloway, Esqui J.D. 87326 Ten East High Street Carlisle, P A 17013 (717) 243-3341 Attorneys for Plaintiff Dated: February 25,2005 ~ cr=~ ~ ~ " F:\FJLESIDA r AFILEIDick.illsonCollege7619\Col1eclionsICurrenl\264.10daynOI2 Crealed: 12111104 9:41AM Revised: 121\7/04 9:42AM David R. Galloway, Esquire MARTS ON DEARDORFF WILLIAMS & OTTO Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff DICKINSON COLLEGE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v, NO. 04-4078 CIVIL ACTION-LAW VICTOR DEL VILLAR AND ANA CELIA ORTIZ, Defendants JURY TRIAL OF TWELVE DEMANDED TO: VICTOR DEL VILLAR 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 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, P A 17013 Telephone:(717) 249-3166 MARTSON DEARDO BY~' Dav~ay, Esqmre LD, 87326 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Date: December 17, 2004 Attorneys for Plaintiff CERTIFICATE OF SERVICE. I, Jean Taylor, an authorized agent of MARTS ON 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, P A, first class mail, postage prepaid, addressed as follows: Mr. Victor Del Villar 1920 Merrimac Avenue Adelphia, MD 20783 Ms. Ana Celia Ortiz 1920 Merrimac Avenue Adelphia, MD 20783 M~TSON DEA~~LlAMS & OTTO ByC___---- /0-f Jean aylor I Ten ast High S1!reet Carlisle, PA 17013 (717) 243-3341 Dated: February 25,2005 F:\FILESIDA T AFILEIDickinsonCollege7619ICollectionsICurrent\264\264 .pra2 Created: 1/4/05 9:55AM Revised: 9/20/06 10:07AM 7619C264 Christopher E. Rice, Esquire MARTSON DEARDORFF WILLIAMS & OTTO Ten East High Street Carlisle, P A 17013 (717) 243-3341 Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DICKINSON COLLEGE, Plaintiff v. NO. 04-4078 CIVIL ACTION-LAW VICTOR DEL VILLAR AND ANA CELIA ORTIZ, Defendants JURY TRIAL OF TWELVE DEMANDED PRAECIPE TO THE PROTHONOTARY: Please mark the judgment in the above captioned matter satisfied and the action discontinued and issue a certificate reflecting the same. MARTSON, DEARDORFF, WILLIAMS & OTTO Dated: September 20, 2006 By (1 g~ 5> K- Christopher E. Rice, Esquire I.D.909l6 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff 8 ~ ~ .c::::I c::::I ~.~ c::r- en ~:o . rn fTl :Xl -0 hi ~[- ,-~ N ?6 ...:::. 0 c~, ",) , =r! "'T 1 )> ~' J> i'-, :D --l..' :3r ~O --0 c <2 c5m Z <.__J ~ ?l5 \D -<