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HomeMy WebLinkAbout11-7510F:\FILES\Clients\7619 Dickinson College\7619.Collections\7619.C.Curzent\383 ffighley\7619C.383 corn Christopher E. Rice, Esquire i- 6' Attorney I.D. No. 9091 ' X10 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER a% _3? MARTSON LAW OFFICES Ten East High Street !? ?BErI M1; J CoUjiT y Carlisle, PA 17013 PCNtvSYt-YAI NIA (717) 243-3341 Attorneys for Plaintiff DICKINSON COLLEGE, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2011 - 1 510 Cl V t l RICHARD HIGHLEY, 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 CID %gact rca" C kA aq slob eo-s(0 FABLES\Clients\7619 Dickinson College\7619.Collections\7619.C.Current\383 Highley\7619C.383.com 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. 2011 - RICHARD HIGHLEY, 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 a business address of Post Office Box 1773, Carlisle, Cumberland County, Pennsylvania 17013. 2. Defendant, Richard Highley, is an adult individual with a last known address of 675 Woodlawn Drive, Lansdale, Montgomery County, Pennsylvania 19446. 3. On or about January 1, 2005, Defendant entered into a Promissory Note ("Note") with Plaintiff for the financing of $7,000.00, plus interest for educational services and benefits at Plaintiff's institution. A copy of the Note is attached hereto as Exhibit "A." 4. The Note is a fund created under Part E of Title IV of the Higher Education Act of 1965 as amended (hereinafter the "Act") and is subject to the Act and the Federal Regulations issued under the Act. 5. As provided in the Act, Plaintiff acts in a fiduciary capacity in the handling, disbursing and collecting of funds associated with the programs under the Act. 6. The principal for the Note was $7,000.00. 7. The Note grants Plaintiff reasonable collection and attorneys' fees which Plaintiff has calculated to be $1,000.00. 8. As of August 14, 2011, the principal and interest due and payable by Defendant to Plaintiff was $7,478.82, with interest accruing at 5% per annum. 9. Plaintiff has fulfilled, performed and complied with all obligations and conditions of the Note. COUNTI BREACH OF CONTRACT 10. Plaintiff hereby incorporates by reference the averments contained in Paragraphs 1 through 9 of this Complaint. 11. Defendant breached the expressed and implied obligations, conditions and terms of agreement of the Note by failing to pay the amount financed therein. WHEREFORE, Plaintiff demands judgment against Defendant in the amount of $7,478.82, plus interest accruing at 5% per annum, collection and attorneys' fees in the amount of $1,000.00, and costs of suit. COUNT II IN QUANTUM MERUIT 12. Plaintiff hereby incorporates by reference the averments contained in Paragraphs 1 through 11 of this Complaint. 13. Having requested Plaintiff to loan money, and doing so to the benefit of Defendant, Defendant became liable to Plaintiff for said money. 14. 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 $7,478.82, plus interest accruing at 5% per annum, collection and attorneys' fees in the amount of $1,000.00, and costs of suit MARTSON LAW OFFICES Date: /0/3 /// By: (?4 4"e- 5-, fz? Christopher E. Rice, Esquire I.D. Number 90916 Ten East High Street Carlisle, PA 17013-3093 (717) 243-3341 Attorneys for Plaintiff THIS IS A DEBT COLLECTING FIRM ATTEMPTING TO COLLECT A DEBT FOR DICKINSON COLLEGE. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. EXHIBIT "A" FEDERAL PERKINS LOAN MASTER PROMISSORY NOTE O o. 1845-0074 Form Approved Ex irationDate 06/30/2006 / 1. Name (last, fast, middle initial) and 2. Social Security Ntunber,;Z tj Lj 4 Permanent Address (street, city, state, zip code) ??t?G?,?, ? • ?;k? 3. Date of Birth (mrn/dd/yyyy) 0 ? 1(7 ? l 4. Home Area Code/Telephone Number e _ . 0f 5. D v er s icens e Numb r (List state abbreviation first) e L ) ? 6. Dickinson College 7. Annual Interest Rate P.O. Box 1773 5% Carlisle, PA 17013-2896 (Any bracketed clause or paragraph may be included at option of institution) Terms and Conditions: (Note: Additional Terms and Conditions follow on subsequent pages) APPLICABLE LAW - The terms of this Federal Perkins Loan Master Promissory Note (hereinafter called the Note) and any disbursements made under this Note shall be interpreted in accordance with Part E of Title IV of the Higher Education Act of 1965, as amended (hereinafter called the Act), as well as Federal regulations issued under the Act All sums advanced under this Note are subject to the Act and Federal regulations issued under the Act REPAYMENT - I am obligated to repay the principal and the interest that accrues on my loan(s) to the above-named institution (hereinafter called the School) over a period beginning 9 months (or sooner if I am a Less-Than-Half-Time Borrower) after the date I cease to be at least a half-time student at an institution of higher education or a comparable School outside the United States approved by the United States Department of Education (hereinafter called the Departrnent) and ending 10 years later, unless I request in writing that my repayment period begin sooner. I understand that the School will report the amount of my installment payments, along with the amount of this loan to at least one national credit bureau. Interest on this loan shall accrue from the beginning of the repayment period. My repayment period may be shorter than 10 years if I am required by my School to make minimum monthly payments. My repayment period may be extended during periods of deferment, hardship, or forbearance and I may make graduated installments in accordance with a schedule approved by the Department I will make my installment payments in equal monthly, bimonthly, or quarterly installments as determined by the School. The School may round my installment payment to the next highest multiple of $5. [1 will make a minimum monthly repayment of $40 (or $30 if I have outstanding Federal Perkins Loans made before October 1, 1992 that included the $30 minimum payment option or outstanding National Direct Student Loans) in accordance with the Minimum Monthly Payment Section of the Terms and Conditions contained on the reverse side of this document) LATE CHARGES - The School may impose late charges if I do not make a scheduled payment when due or if I fail to submit to the School on or before the due date of the payment, a properly documented request for any of the forbearance, deferent, or cancellation benefits as described below. No late charges may exceed 20 percent of my monthly, bimonthly, or quarterly payment The School may add the late charges to principal the day after the scheduled payment was due or include it with the next scheduled payment after I have received notice of the charge, and such notice is sent before the next installment is due. FORBEARANCE, DEFERMENT, OR CANCELLATION - I may apply for a forbearance, deferment, or cancellation on my loan. During an approved forbearance period, payments of principal and interest, or principal only, may be postponed or reduced. Interest continues to accrue while my loan is in forbearance. During an approved deferment period, I am not required to make scheduled installment payments on my loan. I am not liable for any interest that might otherwise accrue while my loan is in deferment If I meet the eligibility requirements for a cancellation of my loan, the institution may cancel up to 100 percent of the outstanding principal loan amount Information on eligibility and application requirements for forbearances, deferments, and cancellations is provided on pages 2 and 3 of this Note. I am responsible for submitting the appropriate requests on time, and I may lose my benefits if l fail to file my request on time. DEFAULT - The School may, at its option, declare my loan to be in default if (1) I fail to make a scheduled payment when due; (2) I fail to submit to the School, on or before the due date of a scheduled payment, documentation that I qualify for a forbearance, deferment, or cancellation; or (3) I fail to comply with the terms and conditions of this Note or written repayment agreement. The School may assign a defaulted loan to the Department for collection. I will be ineligible for any further federal student financial assistance authorized under the Act until I make arrangements that are satisfactory to the School or the Department to repay my loan. The School or the Department shall disclose to credit bureau organizations that I have defaulted and all other relevant loan information. 1 will lose my right to defer payments and my right to forbearance if I default an my loan. The School or the Department may accelerate my defaulted loan. Acceleration means that the School or the Department demands immediate payment of the entire unpaid balance of the loan, including principal, interest, late charges, and collection costs. I will lose my right to receive cancellation benefits for service that is performed after the date the School or the Department accelerated the loan. CHANGE OF STATUS -I will inform the School of any change in my name, address, telephone number, Social Security Number, or driver's license number. PROMISE TO PAY: I promise to pay the School, or a subsequent holder of the Note, all sums disbursed under the terms of this Note, plus interest and other fees which may become due as provided in this Note. I understand that multiple loans may be made to me under this Note. I understand that by accepting any disbursements issued at any time under this Note, I agree to repay the loans. I understand that each loan is separately enforceable based on a true and exact copy of this Note. I understand that I may cancel or reduce the amount of any loan by not accepting or by returning all or a portion of any disbursement that is issued. If I do not make any payment on any loan under this Note when it is due, I promise to pay all reasonable collection costs, including attorney fees, court costs, and other fees. I will not sign this Note before reading the entire Note, even if I am told that I am not required to read it I am entitled to an exact copy of this Note. This loan has been made to me without security or endorsement My signature certifies I have read, understand, and agree to the terms and conditions of this Note. I UNDERSTAND THAT I MAY RECEIVE ONE OR MORE LOANS UNDER THIS MASTER PROMISSORY NOTE AND THAT I MUST REPAY SUCH LOANS. ^ , Borrower's Signature Date Page 1 of 4 . , VERIFICATION I, SALLY HECKENDORN, 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 By: l' ' R My Heck dorn, Bursar FAFILES\Clien&76l9 Dickinson College\7619. Coll ections\7619. C. Current\383 Highley\7619C.383.com [' eJ 3 I a F1Clients\7619 Dickinson College\7619.Collections\7619.C.Curcent\383 HighleyV619C.383.pra1.wpd - ¢ • ? ? ? L ?? ? ? ?? ?? * ? '' Christopher E. Rice, Esquire 20 I ? JAN 23 1`1412-416, Attorney I.D. No. 90916 CUMBERLAND COUST f R. Christopher VanLandingham, Esquire PENNSYLVANIA Attorney I.D. No. 307424 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. 2011-7510 RICHARD HIGHLEY, CIVIL ACTION - LAW Defendant PRAECIPE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please reinstate the attached Complaint and return it to our office for service upon Defendant Richard Highley. MARTSON LAW OFFICS By: r Christopher E. Rice, Esquire I.D. Number 90916 R. Christopher VanLandingham, Esquire I.D. Number 307424 Ten East High Street Carlisle, PA 17013-3093 (717) 243-3341 3 Attorneys for Plaintiff a- 'a Date: Cf' #.? sd F?\Clients\7619 Dickinson College\7619.Collections\7619.C.Current\38a Highley\7619C.383.pral. wpd Christopher E. Rice, Esquire Attorney I.D. No. 90916 R. Christopher VanLandingham, Esquire Attorney 1. D. No. 307424 `r= MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER ^~k MARTSON LAW OFFICES s Ten East High Street r- c•?' Carlisle, PA 17013 t.. (717) 243-3341 tom. Attorneys for Plaintif f' w+{ ' s+ t1+1 DICKINSON COLLEGE, IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2011 - 75 10 RICHARD HIGHLEY, CIVIL ACTION - LAW Defendant PRAECIPE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please reinstate the attached Complaint and return it to our office for service upon Defendant Richard Highley. MARTSON LAW OFFICES By: Christopher E. Rice, Esquire I.D. Number 90916 R. Christopher VanLandingham, Esquire I.D. Number 307424 Ten East High Street Carlisle, PA 17013-3093 (717) 243-3341 Attorneys for Plaintiff Date: d.Yv.?rvl t -'?- ,z -713 ?L FAChents\7619 Dickimxm College\7619.Collections\7619.C.Cument\383 Highley\7619C. 383. mot l.publication.wpd Christopher E. Rice, Esquire Attorney I.D. No. 90916 R. Christopher VanLandingham, Esquire Attorney I.D. No. 307424 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES Ten East Haigh Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff ppanTtji fw¢al t 2+012 FED ?3 AM 9: 24 CU1"SERLAND LCUNTY PENNSYLVANIIA DICKINSON COLLEGE, Plaintiff V. RICHARD HIGHLEY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2011 - 7510 CIVIL ACTION - LAW MOTION FOR SERVICE BY PUBLICATION AND NOW, comes Plaintiff, Dickinson College ("Plaintiff'), by and through its attorneys MARTSON DEARDORFF WILLIAMS OTTO GILROY AND FALLER, and moves the Court as follows: On October 3, 2011, Plaintiff filed a Complaint against Defendant Richard Highley ("Defendant"). A cause of action exists against Defendant and Defendant is the necessary and proper party to the action. 2. The original Complaint in this action was delivered to the Sheriff of Cumberland County, who deputized the Sheriff of Montgomery County for personal service thereof upon the Defendant. On November 8, 2011, the Sheriff returned a Sheriff's Return of Service stating that service was not made at Defendant's last known address of 675 Woodlawn Drive, Lansdale, PA 19446, because Defendant's brother had informed the Sheriff that Defendant no longer resided at that address. 3. Plaintiff, through its counsel, has made a good faith effort to locate Defendant by inquiring at the postal authorities, searching nationwide telephone directories, and searching criminal records. 4. Plaintiff, through its attorney, utilized Accurint to locate Defendant, but again, the address(es) returned were the addresses listed in the Complaint and/or attempted by the Sheriff, and the examinations of, among other things, the phone, voter, tax, and motor vehicle records failed to locate Defendant. 5. An affidavit pursuant to Pa.R.C.P. 430 is attached hereto as Exhibit "A." 6. It is the Plaintiff's contention that normal service of Defendant under Pa. R.C.P. 400 and service by mail under Pa. R.C.P. 403 are not possible in this case. 7. Plaintiff requests this Honorable Court to order service of the Complaint by publication in accordance with Pa. R.C.P. 430. 8. Plaintiff has conducted the necessary examinations to fulfill the good faith effort requirement of Rule 430. WHEREFORE, Plaintiff prays this Court issue an Order directing service by publication. Respectfully submitted, MARTSON LAW OFFICES By: ( /' 5 A,- Christopher E. Rice, Esquire I.D. No.90916 R. Christopher VanLandingham, Esquire I.D. No. 307424 Ten East High Street Carlisle, PA 17013-3093 (717) 243-3341 Date: 6& /10'b Attorneys for Plaintiff /a-3 EXHIBIT "A" F?\Clients\7619 Dickinson College\7619.Collections\7619.C.Current\383 Bghley\7619C.383.motl.publication.wpd Christopher E. Rice, Esquire Attorney I.D. No. 90916 R. Christopher VanLandingham, Esquire Attorney I.D. No. 307424 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES Ten East High Street Carlisle, PA. 17013 (717) 243-3341 Attorneys for Plaintiff DICKINSON COLLEGE, Plaintiff V. RICHARD HIGHLEY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2011 - 7510 CIVIL ACTION - LAW AFFIDAVIT PURSUANT TO Pa.R.C.P. 430 COMMONWEALTH OF PENNSYLVANIA ) :SS. COUNTY OF CUMBERLAND ) Christopher E. Rice, Esquire, being duly sworn according to law, deposes and says: 1. Affiant is the attorney for Plaintiff in the above-captioned action and is familiar with all facts and. circumstances in this action. 2. This affidavit is in support of Plaintiff's service of the Complaint by Publication pursuant to Pa. R.C.P 430. 3. This action was brought to recover monies owed to Plaintiff by Defendant. 4. A Complaint in this action was filed on or about October 3, 2011, in the Court of Common Pleas, Cumberland County Pennsylvania. A cause of action exists against Defendant and defendant is the necessary and proper party to the action, as shown by the Complaint, a copy of which is attached as Exhibit "1" and made a part of this affidavit. 5. The Complaint was delivered to the Sheriff of Cumberland County who subsequently deputized the Sheriff of Montgomery County for personal service thereof upon the Defendant. On November 8, 2011, the Sheriff returned a Sheriff's Return of Service stating that service was not made and the Defendant's brother informed the Sheriff that Defendant no longer resided at 675 Woodland Drive, Lansdale, PA 19446. 6. Plaintiff continued to search for Defendant but has been unable to locate him and the Complaint was re-instated on February 22, 2012. 7. Plaintiff has made a good-faith effort to locate Defendant by conducting an investigation which included the following: a) a search of nationwide telephone directories; bl inquiries of postal authorities; and c) a search of criminal records. 8. Plaintiffs made another attempt to locate Defendant through a paid locator service, Accurint. The locator service searched phone listings, voter registration records, tax records, driver's license records, possible relatives and additional information. None of the information provided by Accurint assisted in locating Defendant and listed Defendant at the address(es) where the Sheriff attempted service. 9. Affiant still does not know the residence of Defendant although Affiant has made numerous inquiries. All of the above actions provided addresses that are no longer valid for Defendant. 10. Affiant believes that Plaintiff will be unable to locate and serve Defendant personally within the Commonwealth of Pennsylvania and have made the necessary examinations to fulfill the good faith effort requirement of Pa.R.C.P. Rule 430. Christopher E. Rice, Esquire Sworn to d subscribed before me this6Z day of February, 2012. L OUO? No ubl.ic cDmMpNwEALTH OF PENNSYLVANIA Notarial Seal Mary M. Price, Notary Public cadwe Boro, a„nbedand County . 18, 2015 M OF t1 YMMES EXHIBIT "I" F.\FILES\Clients\7619 Dickinson College\7619.Collections\7619.C.Current\393 Mghley17619C.333.com Christopher E. Rice, Esquire Attorney I.D. No. 90916 MARTSON DEARDORFF WILLIAMS OTTO GILROY MARTSON LAW OFFICES Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff F ILED-O 1= ICE. & FALLErk THE PROTH NOTAR"i 2011 OCT -3 AM 11: 57 CUMBERLAND COUNTY PENNSYLVANIA DICKINSON COLLEGE, Plaintiff V. RICHARD HIGHLEY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2011 - 7? ? (vi l CIVIL ACTION - LAW 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 TRUE COPY FROM RECORD In Testimony whereof, I here unto set my hand and the *?W of said Courtat Cafti, Pa. Thia._day of F.\F1LES\C1itnts\7619 Dickinson College\7619.Collections\7619.C.CurtentU83 Highley\7619C.381com 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. 2011 - RICHARD HIGHLEY, 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 a business address of Post Office Box 1773, Carlisle, Cumberland County, Pennsylvania 17013. 2. Defendant, Richard Highley, is an adult individual with a last known address of 675 Woodlawn Drive, Lansdale, Montgomery County, Pennsylvania 19446. 3. On or about January 1, 2005, Defendant entered into a Promissory Note ("Note") with Plaintiff for the financing of $7,000.00, plus interest for educational services and benefits at Plaintiff's institution. A copy of the Note is attached hereto as Exhibit "A." 4. The Note is a fund created under Part E of Title IV of the Higher Education Act of 1965 as amended (hereinafter the "Act") and is subject to the Act and the Federal Regulations issued under the Act. 5. As provided in the Act, Plaintiff acts in a fiduciary capacity in the handling, disbursing and collecting of funds associated with the programs under the Act. 6. The principal for the Note was $7,000.00. 7. The Note grants Plaintiff reasonable collection and attorneys' fees which Plaintiff has calculated to be $1,000.00. 8. As of August 14, 2011, the principal and interest due and payable by Defendant to Plaintiff was $7,478.82, with interest accruing at 5% per annum. 9. Plaintiff has fulfilled, performed and complied with all obligations and conditions of the Note. COUNTI BREACH OF CONTRACT 10. Plaintiff hereby incorporates by reference the averments contained in Paragraphs 1 through 9 of this Complaint. 11. Defendant breached the expressed and implied obligations, conditions and terms of agreement of the Note by failing to pay the amount financed therein. WHEREFORE, Plaintiff demands judgment against Defendant in the amount of $7,478.82, plus interest accruing at 5% per annum, collection and attorneys' fees in the amount of $1,000.00, and costs of suit. COUNT II IN QUANTUM MER UIT 12. Plaintiff hereby incorporates by reference the averments contained in Paragraphs 1 through 11 of this Complaint. 13. Having requested Plaintiff to loan money, and doing so to the benefit of Defendant, Defendant became liable to Plaintiff for said money. 14. 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 $7,478.82, plus interest accruing at 5% per annum, collection and attorneys' fees in the amount of $1,000.00, and costs of suit MARTSON LAW OFFICES By: C,4 4". s • /Z? Christopher E. Rice, Esquire I.D. Number 90916 Ten East High Street Carlisle, PA 17013-3093 (717) 243-3341 Attorneys for Plaintiff Date: THIS IS A DEBT COLLECTING FIRM ATTEMPTING TO COLLECT A DEBT FOR DICKINSON COLLEGE. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. EXHIBIT °`A FEDERAL PERKINS LOAN MASTER PROMISSORY NOTE OMPUML t US-0074 Form Aoaaved Famhuim Des 06/302006 MOM 1. Name (last, first, middle initial) and Permanent Address (street, city, state, zip code) ??t?.5? ? • . ?? y 2. Social Security N 3. Date of Birth (mm/dd/ l ?Z 5 ?ppa\Qw h Q`. `W6 ?C??` f a 4 G? ?0 4. Home Area CodrlTelephone Number;4 _g , 5. D?v¢sxLicem. Number (List state abbreviation first) WAS 1 6. Dickinson College 7. Annual Interest Rate P.O. Box 1773 5% Carlisle, PA 17013-2896 (Any bracketed clause or paragraph may be included at option of institution) Terms and Conditions: (Nate: Additional Terms and Conditions follow on subsequent pages) APPLICABLE LAW - The terns of thin Federal Perkins Loan Master Promissory Note (hereinafter called the Note) and anY disbursements made under this Noes shall be interpreted in accorderim with Pat E of Title 1V of the Efigher Education Act of 1965, is amended Federal All am advanced under this Note are subject to the Act and Feder ren lion issued d (hereinafter called the Acts as well l as Fedl regulations issued under the gutiulams under the Act. REPAYMENT - I am oblifated to repay the principal and the interest flat accrues on my loo(s) to the above•naned institution Qxrebafteralled the School) beginning 9 mandns (or sooner if I am a Less-Tha -Half-Theta Borrower) after the date I tear to be at lean a balf time student at at bsdwdcn of bar education over a period comparable School outside the United States approved by the United States Department of Education (hereinafter called the > a request in writing that my nVeyrtmt period begin sooner. I understand that the School well repast the amount of Dew) and ending 10 years unto autos I my instalment payments, along with the arwunt of this lore to at lent one national credit bureau. Intact on this loan shdl accrue; from the beginning of the tepsyment period. My repayment period may be theater that 10 years if I am required by ray School to make miadm m, monthly psymiarts. My repayment period may be extended during periods of deferment hardship, or fortearatce and I may rnalae graduated installments in accordance with a sdvAde approved by do Department I will malae my inrhllmentpayments in equal moaddy. bimonthly. or quarterly instaUmnemts as dexmrtined by the Schoot The School may round my instalment Psymertt to the non highest multiple of $5. [I will n a a minimum mondtly repayment of $40 (or S30 if I have outstanding Federal Perkins Loan made before October 1,1992 that included the $30 mdnirmmt payment option or outstanding National Direct Student Loans) in accordance with the Minimum Monthly Payrnerd Section of the Terns and Condition contained on the reverse side of this docurnent.] LATE C13ARGES -'Ilse School may impose Iate charges if I do not make a scheduled payment when due or if I fail to submit to the School on or before the due date of the paYmelat, a propaly documented. request for cry oftite farbeaance, deferment, err emceliatim benefit as described below. No late charges may exceed 20 percent of my monthly, bimonthly, or quarterly paymmt The School may add the late charges to principal the day after the scheduled payment was due or include it with tits neon scheduled paymen t after I have received notice of the ebariA and such notice is sent before die next installment is due: FORBEARANCZ, DEFERMENT, OR CANCELLATION - I may apply for a fotbeasncei deferment, or cancellation an my loan. During in approved f itbeashoe period, payment of principal and f WeK orprincipal only, rosy be postponed err reduced. Intact cm t m to accrue whilemy lam is in fmtewanca During an approved deferment period, I am not required to make scheduled installment payments on my tom I amnot liable fbr arty inftma that migbt odowdae accpue while my loss is in- defler mmt If I meet the eligkMliry requfisnamts for a carpcellatic n of my lam, the institution may carmal tip to 100 percent of the outatmdtp information an eligibility and applicationrequirements for forbearances, deferments, and csncallstlo s is ded on gl loan amocmt provi pages 2 and 3 of 1hiaNota 1 am xraponablefor subrnitti ng the appropriaterequest on time, and I may lose my benefit if I flail to fit my request on time. DEFAULT - The School may, at it option, declare my Ioan to be in defult if (1) TEA to make a scheduled payment when due; (2) I fail to subn* to the School. on or before the due date of a scheduled psymau, doctanettation that I qualify fora fbrbeaance, deferment, or cancellation; or I fill to (3) comply with the team and conditions of this Note or written ' repayment agreernatt The School may assign a deflathed Ian to the Departing fbr collection. I will be ineligible fbr any 1 w&w fledard student financial assistance authorized under the Act until I rats ganger eats that we ads6aetry to the School or the Departrtatt to repay my tom The School or the Department shall disclose to credit bureau orgain*m that I have dehulted and all other mk mt lam kf mud m. I will lose my right to defy payment and my right to fbrbesaatee if I default on my lom The School or the Depart may accelerate my de8udted loan. Aoceleruionmeans that the School or the DepaAntmt demands irranedim payment of the entire tmpaid balance of the loge, including principd, interest, late ch arvk and collection cost. twill lose my tight to rxave cancellation benefits fbr service tint is performed after the date the School or the Deparhnent accelerated the loan. CHANGE OF STATUS • I will itifam the School of any change in my name, addrais telephone number, Social Security Number, or drive's license number. PROMISE TO PAY: I promise to pay the School, or a subsequentt holder of the Note, all sum disbursed under the terms of.this Note, plus interest and other fees which may become due as provided in this Notes I understand that multiple loans may be nude to me under this Notes. I understand that by accepting any disbursement issued at any time under this Note, I agree to repay the loom. I understand that each Ion is separately enforceable based on a true and exact copy of this Note. I understand that I may cancel or reduce the amount of any loan.by not accepting or by retuning all or a portion of any disbursement that is issued. If I do not nuke any payment on any lean under this Note when it is due, I promise to pay all reasonable collection costs, including attorney fees, tort costa, and other fees. I will not sign this Now before reading the entire Note, even if I am told that I am not required to read it I am entitled to an exact copy of this Now This loan has been made to me without security or endorsement My signature certifies I have read, understand, and agree to the tams and conditions of this Now I UNDERSTAND THAT I MAY RECEIVE ONE OR MORE LOANS UNDER TEES MASTER PROMISSORY NOTE AND THAT I MUST REPAY SUCH LOANS. " . .? z.?a?,L Flu ??+?2r.L..,. l J3110!? Borrower's Sipaturee Date Page 1 of 4 VERIFICATION I, SALLY HECKENDORN, 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 unswom falsification to authorities, which provides that if I knowingly make false averments, :l may be subject to criminal penalties. Dickinson College By: S ly Fleck Adorn, Bursar FAFQ,ES\Clients\7619 Dickinson College\7619.Collections\7619.C Current\3g3 Highley\7619C.393,corn n DICKINSON COLLEGE, Plaintiff V. RICHARD HIGHLEY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2011 - 7510 CIVIL ACTION - LAW ORDER 1r AND NOW, this 21 day of t\ r\3bor , 2012, this matter came on the ex parte motion of Plaintiff in the above-entitled action for an Order directing service of the Complaint in the action on Defendant by publication thereof in a newspaper of general circulation most likely to give notice to Defendant, and on the Affidavit of Christopher E. Rice, Esquire, with Christopher E. Rice, Esquire, appearing as attorney for Plaintiff; and It appearing to the Court from the Affidavit, the verified Complaint, and the evidence adduced by this Motion that a good cause of action exists in favor of Plaintiff and against Defendant; and It further appearing that the Complaint was issued in this action on October 3, 2011; and It further appearing that Defendant cannot be found despite diligent efforts in the Commonwealth of Pennsylvania by both the Sheriff's office and by counsel of Plaintiffs; and It further appearing that personal service of the Complaint cannot be made on Defendant within the Commonwealth of Pennsylvania for the reason stated above; and It further appearing that service of the Complaint cannot be made on Defendant by any manner other than publication; It further appearing that Defendant's last known address was in Montgomery County, Pennsylvania, now, therefore, IT IS ORDERED that: 1. Service of the Complaint in this action shall be made in conformance with the local rules of Montgomery County by publication one (1) time in the Montgomery County Law Reporter and one (1) time in a newspaper of general circulation designated as most likely to give notice to Defendant; 2. The first publication of the Complaint be made within 36 days from the date of entry of this order; BY THE COURT: J c Distribute to: rn r ?- 1_70 y ;+ ? Christopher E. Rice, Esquire j % Y MARTSON LAW OFFICES Ten East High Street C, ,. Carlisle, PA 17013 ??C 1 Christopher E. Rice, Esquire MW r -` Attorney I.D. No. 90916 R. Christopher VanLandingham, Esquire w _a Attorney I.D. No. 307424 C xA ; MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER cj - - a 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. 2011 - 7510 RICHARD HIGHLEY, CIVIL ACTION - LAW Defendant AFFIDAVIT I, R. Christopher VanLandingham, Esquire, Attorney for the Plaintiff in the within matter, hereby certify that written notice of the filing of the Complaint was caused to be published in the Montgomery County Law Reporter on April 5, 2012, and in The Times herald on March 23, 2012; see proofs of publication attached hereto as Exhibits "A" and "B." A copy of the written notice as published is attached hereto and marked Exhibit "C." "4- By: j R. istopher VanLandingham, Esquire Sworn to and subscribed before me this day of May, 2012. Notary Public OOfMMONMlEAI. _ V NOOK lOOt Mwyy M. Wft, NONNY Publk CbWe ft% 09 0OiMAd C ur*V 2915 EXHIBIT "A" Copy of notice Montgomery County Law Reporter PROOF OF PUBLICATION NOTICE COMMONWEALTH OF PENNSYLVANIA COUNTY OF MONTGOMERY SS: Before me, the undersigned notary public, this day, personally appeared JAMIE R. HALL to me known, who being duly sworn according to law, deposes and says the following: I am the Assistant Editor, of the Montgomery County Law Reporter, the Montgomery County Law Reporter is the duly designated legal newspaper for Montgomery County, Pennsylvania, which legal newspaper was established in 1885, and is published at 100 West Airy Street, Norristown, Montgomery County, Pennsylvania; and a copy of the printed notice of publication appearing to the right is exactly the same as printed or published in the issue or issues of said legal newspaper on the following date or dates: CIVIL ACTION IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW Dicldnson College, Plaintiff VS. Richard Highley, Defendant NO. 2011-7510 NOTICE OF PUBLICATION TO: Richard Highley You are hereby notified that Dickinson College has commenced a legal action against you by filing a Complaint in the above- captioned action for your failure to pay an outstanding Federal Perkins loan, which you are required to defend. Thursday April 5, 2012 That affiant further states that he/she is the designated agent of Montgomery Bar Association, the owner of said legal newspaper, that he/she is not interested in the subject matter of the aforesaid notice or advertising, and that all the allegations of the aforesaid statement as to time, place, and character of publication are true. (Signature of Affiant) NOTICE If you wish to defend, you must enter a written appearance personally or by attorney and file your defenses or objections in writing with the court. You are warned that if you fail to do so, the case may proceed without you and a judgment may be entered against you without further notice for the relief requested by the plaintiff. 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 can not 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. Contact: Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone: 717-249-3166 This is a debt collecting firm attempting to collect a debt for Dickinson College. Any information obtained will be used for that purpose. Page 1 of 2 Copy of notice Subscribed and sworn to before me this St y of April, 2012 No lic NOTARIAL SEAL PAMICIA WALLA, Notary Public Norristown, Morttgorrary County Vy Commi4sion Expires August 5, 2014 Mary M. Price Ten Fast High Street Carlisle, PA 17013 Page 2 of 2 EXHIBIT "B" EXHIBIT "C" DICKINSON COLLEGE, Plaintiff V. RICHARD HIGHLEY, Defendant TO RICHARD HIGHLEY: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2011 - 7510 : CIVIL ACTION - LAW NOTICE OF PUBLICATION You are hereby notified that Dickinson College has commenced a legal action against you by filing a Complaint in the above-captioned action for your failure to pay an outstanding Federal Perkins loan, which you are required to defend. NOTICE If you wish to defend, you must enter a written appearance personally or by attorney and file your defenses or objections in writing with the court. 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 the relief requested by the Plaintiff. 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 REDUCED FEE OR NO FEE: Contact: Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 This is a debt collecting firm attempting to collect a debt for Dickinson College. Any information obtained will be used for that purpose. 'serving ? our Community Since 1799 The Mimes .'f-'feraCd Nxwwl imesHerald.com PROOF OF PUBLICATION NOTICE IN THE TIMES HERALD Under Act No. 587, Approved May 16, 1929 P.L. 1784 s As Amended by Act No. 52.0 of July 5, 1947 COPY OF NOTICE State of Pennsylvania IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. Pfi CIVIL ACTION-LAW NO. 2011-7510 DICKINSON COLLEGE. Plain- tiff Vs. RICHARD HIGHLEY, Defendan NOTICE OF PUBLICATION TO RICHARD HIGHLEY You are hereby notified that Dickinson College has com- menced a legal action against you by filing a Complaint in the above-captioned action for you; failure to pay an outstanding Federal Perkins loan, which yos are required to defend. NOTICE If you wish to defend, you mus! enter a written appearance per sonally or by attorney and file your defenses or objections in writing with the court. You are warned that if you fail to do so the case may proceed without you and a judgement may be entered against you by the court without further notice for the re lief requested by the Plaintiff. 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 TELE- PHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH IN- FORMATION ABOUT HIRING F, LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELI- GIBLE PERSONS AT A RE- DUCED FEE OR NO FEE. Cumberland County Bar As- sociation 32 South Bedford Street i Carlisle, Pennsylvania 17013 717-249-3166 This is a debt collecting firm at tempting to collect a debt for Dickinson College. Any informa- tion obtained will be used for tha? purpose County of Montgomery ) No.....Term.20... SS. General Manager or Ad Director of THE TIMES HERALD, of the County and State aforesaid, being duly sworn, deposes and says THE TIMES HERALD, a newspaper of general circulation, published at Markley, Ann and Airy Streets, Borough of Norristown, county and state aforesaid, was established January 1, 1923, since which date THE TIMES HERALD has been regularly issued in said county, and that the printed notice of publication attached hereto, is exactly the same as was printed and published in the regular edition and issues of THE TIMES HERALD on the following dates: Viz l 7 the,? 9day of A.D. 20' Affiant further deposes that she/he is an officer duly authorized by THE TIMES HERALD PUBLISHING COMPANY, fNC, a corporation, General Manager or Ad Director of THE TIMES HERALD, a newspaper of general circulation to verify the foregoing statement under oath, and affiant is not interested in the subject matter of the aforesaid notice of advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. er6ral Manager or Ad Director -The Times Herald Sworn and subscribed before me this `day of 20 Notary Public - _ rt 7., :.?1 r f`a f~ti ,.r Notary r„ta•:a+ Sea, _ o?`, .ion?gcr?,e rY L ? r. FARLES\Clients\7619 Dickinson College\7619.Collections\7619C.Current\383 Highley\7619C.383.pra.default.wpd Christopher E. Rice, Esquire Attorney I.D. No. 90916 R. Christopher VanLandingham, Esquire Attorney I.D. No. 307424 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff •c DICKINSON COLLEGE, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. RICHARD HIGHLEY, Defendant TO THE PROTHONOTARY: : NO. 2011 - 7510 CIVIL ACTION - LAW PRAECIPE Please enter default judgment in the above-captioned action in favor of Plaintiff and against Defendant Richard Highly in the amount of $8,478.82, plus interest from August 28, 2011, at the rate of $1.02 per day until the debt is paid in full, along with any additional costs or attorney fees incurred thereafter, for failure to file an Answer to Plaintiffs Complaint. I do hereby certify that written notice of intention to file this Praecipe was mailed to Richard Highley on May 8, 2012, which date is subsequent to the date default occurred and at least ten (10) days prior to the date of this Praecipe. MARTSON LAW OFFICES By: Al <_ /--- Christopher E. Rice, Esquire I.D. Number 90916 R. Christopher VanLandingham, Esquire I.D. No. 307424 Ten East High Street I (o •??? P A A77-1 Carlisle, PA 17013 oZSIoSZI (717) 243-3341 Dated: 4.2-3 Attorneys for Plaintiff ?mi fed ?o?`ee F:\F1LES\C1ients\7619 Dickinson College\7619.Collections\7619.C.Curran\383 FHgWey\7619C.383.10day.wpd Christopher E. Rice, Esquire Attorney I.D. No. 90916 R. Christopher VanLandingham, Esquire Attorney I.D. No. 307424 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 : NO. 2011-7510 RICHARD HIGHLEY, CIVIL ACTION - LAW Defendant IMPORTANT NOTICE TO: Richard Highley DATE OF NOTICE: May 8, 2012 675 Woodlawn Drive, Lansdale, PA 19446 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, PA 17013 Telephone:(717) 249-3166 MARTSON LAW OFF E By: er VanLandingham h R. gristop This is a debt collecting firm attempting to collect a debt for Dickinson College. Any information obtained will be used for that purpose. F?\FILES\Clients\7619 Dickinson College\7619.Collections\7619C.Current\383 Highley\7619C.383.pra.defaultwpd Christopher E. Rice, Esquire Attorney I.D. No. 90916 R. Christopher VanLandingham, Esquire Attorney I.D. No. 307424 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff DICKINSON COLLEGE, Plaintiff V. RICHARD HIGHLEY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2011 - 7510 : CIVIL ACTION - LAW AFFIDAVIT AS TO MILITARY SERVICE COMMONWEALTH OF PENNSYLVANIA ) :SS. COUNTY OF CUMBERLAND Christopher E. Rice, Esquire, being duly sworn according to law, deposes and says that he has authority to make this affidavit on behalf of his client, and to the best of his knowledge, information and belief, Defendant Richard Highley, above named is not in the military service of the United States of America, that he has knowledge that the said Defendant's last known address is: 675 Woodlawn Drive, Lansdale, PA 19446. Said Defendant's place of employment is unknown. (2,e,,4 ?- A-- Sworn to and subscribed before me this, ay of May, 2012. N ublic Christopher E. Rice, Esquire COMMONWEALTH OF PENNSYLVANIA Notartal seal Mary M. Price, Notary Public Carlisle eoro, Cumberland County Glo m9nion M. 18 2015 M OF NOTARIES F:\FILES\Clients\7619 Dickinson College\7619,Collections\7619C.Current\383 Highley\7619C.383.pra.default.wpd Christopher E. Rice, Esquire Attorney I.D. No. 90916 R. Christopher VanLandingham, Esquire Attorney I.D. No. 307424 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff DICKINSON COLLEGE, Plaintiff V. RICHARD HIGHLEY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2011 - 7510 CIVIL ACTION - LAW COMMONWEALTH OF PENNSYLVANIA ) SS COUNTY OF CUMBERLAND ) Christopher E. Rice, Esquire, being duly sworn according to law, deposes and says that he is an employee of MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER, attorneys for the Plaintiff in the above captioned matter and that pursuant to the provisions of the Pennsylvania Rules of Civil Procedure, a notice of intention to enter default judgment against Defendant Richard Highley was given to him by mail on May 8, 2012. Christopher E. Rice, Esquire Sworn to and subscribed before me this. day of May, 2012. ?i No ry ublic Cot4MpNWM- H OF PENNSYLVANotolial NIA No try pd t public Mary M. C r beriand County cadisle , Aug. Eyplm 18, 2015 vN+tA ?ssocunntx! Orr- WTnRIES MEMBER PENNSf? 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: Richard Highley 675 Woodlawn Drive Lansdale, PA 19446 MARTSON LAW OFFICES By IA ?. _. M". Price 10 st High Street Carlisle, PA 17013 Dated: This is a debt collecting firm for Dickinson College attempting to collect a debt. Any information obtained will be used for that purpose. F.TILES\Clients\7619 Dickinson College\7619.Collections\7619C.Current\383 Highley\7619C.383.pra.default.wpd Christopher E. Rice, Esquire Attorney I.D. No. 90916 R. Christopher VanLandingham, Esquire Attorney I.D. No. 307424 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. 2011 - 7510 RICHARD HIGHLEY, CIVIL ACTION - LAW Defendant TO RICHARD HIGHLEY: NOTICE OF ENTRY OF DEFAULT JUDGMENT You are hereby notified that on the o1.34 day of , 2012, the following Judgment was entered against you in the above-captioned action: judgment in the amount of $8,478.82, plus interest from August 28, 2011, at the rate of $1.02 per day until the debt is paid in full, along with any additional costs or attorney fees incurred thereafter, for failure to file an Answer to Plaintiffs Complaint. Date: Prothonotary I hereby certify that the name and address of the proper person to receive this notice under Pa. R. Civ. P. 236 is: Richard Highley 675 Woodlawn Drive Lansdale, PA 19446