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Home My WebLink About12-3553F:\FILES\Clients\7619 Dickinson College\7619. Collections\7619C.Current\379 Clark\7619C.379.com Christopher E. Rice, Esquire c Attorney I.D. No. 90916 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES .,. rn c , Q) . 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, PENNSYLVANI A V. NO. 2012 - 2Z-5& Civ; l ?PXM LUKE T. CLARK, 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 4103.75 PO ATrq alo?s (085 at a 7 641 !0S FARLES\Clients\7619 Dickinson College\7619.Collections\7619C.Current\379 Clark\7619C.379.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. 2012 - LUKE T. CLARK, 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, Luke T. Clark, is an adult individual residing at 227 Haring Road, Barryville, New York 12719. 3. On or about October 10, 1997, Defendant entered into a Promissory Note (Note) with Plaintiff for the financing of $2,000.00, plus interest and costs, for educational services and benefits at Plaintiff's institution. A copy of Note #1 is attached hereto as Exhibit "A." 4. On or about August 11, 1998, Defendant entered into an additional Promissory Note (Note #2) with Plaintiff for the financing of $2,000.00, plus interest and costs, for educational services and benefits at Plaintiff's institution. A copy of Note #2 is attached hereto as Exhibit "B." 5. On or about August 30, 1999, Defendant entered into an additional Promissory Note (Note #3) with Plaintiff for the original financing of $2,000.00, plus interest and costs, for educational services and benefits at Plaintiff s institution. The actual amount disbursed under Note 3 is $1,000.00. A copy of Note #3 is attached hereto as Exhibit "C." 6. Notes #1, #2, and 43 are funds created under Part E of Title IV of the Higher Education Act of 1965 as amended (hereinafter the "Act") and are subject to the Act and the Federal Regulations issued under the Act. 7. 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. 8. The collective principal for the Notes was $5,000.00. 9. The Notes grant Plaintiff reasonable collection and attorneys' fees which Plaintiff has calculated to be $750.00. 10. As of May 4, 2012, the principal and interest due and payable by Defendant to Plaintiff was $3,334.19, with interest accruing at 5% per annum. 11. Plaintiff has fulfilled, performed and complied with all obligations and conditions of the Note. COUNTI BREACH OF CONTRACT 12. Plaintiff hereby incorporates by reference the averments contained in Paragraphs 1 through 11 of this Complaint. 13. Defendant breached the expressed and implied obligations, conditions and terms of agreement of the by failing to pay the amounts financed therein. WHEREFORE, Plaintiff demands judgment against Defendant in the amount of $3,334.18, plus interest accruing at 5% per annum, collection and attorneys' fees in the amount of $750.00, and costs of suit. COUNT II IN QUANTUMMERUIT 14. Plaintiff hereby incorporates by reference the averments contained in Paragraphs 1 through 13 of this Complaint. 15. Having requested Plaintiff to loan money, and doing so to the benefit of Defendant, Defendant became liable to Plaintiff for said money. 16. 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 $3,334.18, plus interest accruing at 5% per annum, collection and attorneys' fees in the amount of $750.00, and costs of suit. Date: 61'!?//,& MARTSON LAW OFFICES By: G44 C' 'K- 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" PERKINS LOAN SORY NOTE 1. Name (last, first, middle initial) and 2. Social Security Number Permanent Address (street, city, state, zip code) 3. Date of Birth Clark, Luke i,' 4?2 71 4. Area ObdeMlephone Number 5. Driver's License Number Wst state abbreviation first) 6. School Name b Address (street, city, state, zip code) 7 Borrower Stales S. Interest Rate Dickira n Co73sge U Mal *m err WwW ? LM Vw hW-d w 5% P.O. Bmc 1773 9. Loan Amount- 10. Loan Period Carlisle, PA 17013-2896 $2,000.00 1997-98 TERMS AND COM IONS: IArry bract ated cYwe or paragraph may be hiduded at option of institution) APPLICABLE LAW - The terms of this note and any disbursements made under this rote shall be intetpretad'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 we 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 it to the above-named Institution (hereinafter called the school) over a period beginning 9 months (or sooner if I am a less than a half-time borrower) after the data I cease to be at last a half-time student n an Institution of higher education or a comparable school outside the United Seta approved by the United States Secretary of Education (hereinafter called the Secretary) 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 irutailnan payments. along with the amount of this loan to a national credit bureau. Interest on this loan shall accrue from the beginning of the repsymairt period. My repayment period may be shorter than 10 years if I am required by my school to make minimum monthly payments. Upon my written request 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 Secretary. I will nuke my irutrihnent payments in equal monthly, bimonthly or quarterly installments as determined by the school. The school may round my Installment payment to the next hlgfwt multiple of S5.,11 will make a minimum monthly repayment of $40 (or $30 if I have outstanding Federal Perkins kwu made baron October 1, 1992 that included the $30 minimum payment option) in accordance with the Minimum Monthly Payment Section of the Terris and Conditions contained on the reverse side of the docurnent.] LATE CHARCES - The school'wlll impose late charges if I do not make a scheduled payment when dire or if I tali to submit to the school on or before the due date of the payment, a properly documemed written request that I qualify for any of the forbearance. deferment or cancellation bernefks n described below. No Into charges may exceed 20% of my monthly, bimonthly or quarterly payment. The school may add the late charges to principal the day attar the scheduled repayment was drat or Include it with the next scheduled repayment after I have received notice of the charge, and such notice is sent before the next installment is due. REQUESTS FOR DEFERMENT, CANCELLATION OR FORBEARANCE - To receive defermentcenceletfon, or forbearance benefits, I must make a written request to the school and mum submit to the school any documentation the school requires to prove my eligibility for these benefits. I am responsible for submitting the appropriate requests on time, and I may lose my benefits If I fall to file my request on time. DEFAULT - If I fail to make a schedudtd payment when due: if I fall to submit to the school, on or before the due data of a scheduled payment, documentation that I qualify for a deferment, cancellation, or forbearance: or it I fail to comply with the terns and conditions of this promissory note or written repayment agreement. the school may, at its option, declare my loan to be in default and may accelerate my loan (demand immediate payment of the entire unpaid balance of the loan, including principal, interest, late charges, and collection costs). The school, and the Secretary, if my loan is assigned to the Secretary for collection, shall disclose to credit bureau organizations that I have defaulted and all other relevant loan information. I will lose my right to defer payments and my right to forbearance If I default on my loan. I will lose my right to receive cancellation benefits for service that is performed after the date the school accelerated the loan. I will be ineligible for any further federal student financial assistance authorized under the Act until I make arrangements that an satisfactory to the school or the Secretary to repay my loan. CHANCE OF STATUS - I will inform the school of any change in my name, address, telephone number, Social Security number, or driver's license number. ASSIGNMENT - This note may be assigned by the school only to the United States. The provisions of this note that relate to the school shall where appropriate relate to the assignee. PROMISE TO PAY: I promise to pay the school, or a subsequent holder of the Promissory Note, the sum of amount(s) advanced to me under the terms of this Note. plus interest and other feet which may become due as provided In this Note. I promise to pay all reasonable collection costs. Including attorney fees and other charges, necessary for the collection of any amount not paid when due. I will not sign this Note before reading h. Including the provisions on the reverse side. 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 Promissory Note. THIS IS A LOAN(S) THAT MUST BE REPAID Borrower's Signature Date: EXHIBIT "B" ,. MERAL PERKINS LOAN PROMISSORY NOTE 1. Name (last, first, middle inldaq and 2. Social Security Number Permanent Address (street, city, state, zip code) Clark, Luke T. 1101 Haring Rd. 3. Date of Birth, Barryville, NY 12719 4. Aced Cod& elephone Number i 5. Driver's Ucense Number (List state abbreviation first) I 6. School Name & Address (street, city, state, zip code) 77 Borrower Stadia 8. Interest Rate Dickinson College L'fWar-11moorgear 0I. manbw-rams S% P.O. Box 1773 & Loan Amount: 10. Loan Period i Carlisle, PA 17013-2896 $2,000.00 1998-1999 TERMS AND CONDITIONS: (Any bracketed clause or psregnaph may be Included at option of irstWdlon) APPLICABLE LAW - The term of this note and any disbursements made under this note shad be Interpreted In accordance with Part E of Title N of the Higher Education Act of 1965, as amended (hereinafter called the Act), a well a 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 it to the above-named institution (hereinafter called the sehooo over a period beginning 9 months (or sooner if I am a less than a half=time borrower) after the date I came 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 Secretary of Education (hereinafter called the Secretary) and ceding 10 years law, union I request in writing that my repayment period begin sooner. I understand that the school will report the amount of my Installment paymie ts, along with the amount of this loan to a rational 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 drake minimum monthly payments. Upon my written request my repayment period may be extended during periods of deferment, hardship, or forbearance and I may nuke graduated installments in accordance with a schedule approved by the Secretary, 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 how multiple of $5. 0 will make a minimum monthly repayment of $40 (or $30 if I have outstanding Federal Perkins loam made before October 1. 1992 that included the $30 minimum payment option) j 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 will impose late charges if I do not make a scheduled payment when due or if I fall to submit to the school on or before the due date of i the payment. a properly documented written request that I quallfS for any of the forbearance, deferment or cancellation beneflu as described below. No late charges may exceed 20% of my monthly, bimonthly or quarterly payment. The school nay add the late changes to principal the day after the scheduled repayment was due or include it with the next scheduled repayment after I have received notice of the charge, and such notice Is sent before the next installment is due. REQUESTS FOR DEFERMENT, CANCELLATION OR FORBEARANCE - To receive deferment, caneeflatlon, or forbearance benefits, I must make a written request to the school and must submit to the school any documentation the school requires to prove my eligibility for these benefits. I am responsible for submitting the appropriate requests on time, and I may lose my benefits If I fall to file my request on time. DEFAULT - If I fail to nuke a scheduled payment when due; if I fail to submit to the school, on or before the due date of a scheduled paymart, documentation that I qualify for a deferment, cancellation. or forbearance; or if I fail to comply with the terms and conditions of this promissory note or written repayment agreement, the school may, at its option, declare my loan to lie in default and may accelerate my loan (demand Immediate payment of the entire unpaid balance of the loan, including principal, interest, late charges, and collection cos). The school, and the Secretary, if my loan Is assigned to the Secretary for collection, shall disclose to credit bureau organizations that I have defaulted and all other relevant loan information. I will lose my right to defer payments and my right to forbearance if I default on my loan. I will lose my right to receive cancellation benefits for service that is performed after the date the school accelerated the loan. 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 Secretary to repay my loan. CHANGE OF STATUS - I will inform the school of any change in my name, addrm, telephone number, Social Security number, or driver's license number. ASSIGNMENT - This note may be assigned by the school only to the United States. The provisions of this note that relate to the school shall where appropriate relate to the assignee. PROMISE TO PAY- I promise to pay the school, or a subsequent holder of the Promissory Note, the sum of amount(s) advanced to me under the terms of this Note, plus interest and other fees which may become due as provided in this Note. I promise to pay all reasonable collection coats, including attorney fees and other charges, necessary for the collection of any amount not paid when due. I will not sign this Note before reading it, including the provisions on the reverse side. 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 Promissory Note. THIS IS A LOAN(S) THAT MUST BE REPAID Borrower's Signature Date: EXHIBIT "C" EDERAL PERKINS LOAN PROMISSORY NOTE 1. Name (last, first, middle initial) and 2. Permanent Address (street, city, state, zip code) Clark, Luke T. 3. `.?. 1101 Haring Rd. Barryville, NY 12719 4. Are Code/Telephone Number 5. $b'iiTi7° 6. School Name lit Address tstreet, city state, zip code) x sorrower Stan 8. Interest Rate Diddnsa1 College _- - - U Hag-tints a g+tsstar ? lass Yen ha M, 5% P.O. Bc K 1773 9. Loan Amount: 10. Loan Period Carlisle, PA 17013-2896 t$2,000.00 11999-2000 TERMS AND COAMMONS. IAny bredtead dausea pmagraph may a heclerdad atopeiort of hnstWriion) APPLICABLE LAW - The term of this note and any disbursements nude under this note shall be Interpreted in accordance with Part E of Title N of the Higher Education Act of 1965, as amended (herelruRer called the Ant). a well as Federal regulations issued under the AcL All sum 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 dot accrue on it to the above-narnd institution (herebu er called to school) over a period beginning 9 months (or sooner if I am a less than a half-time borrower) after the data I acre to be at least a h&-time student at an Institution of higher education or a . comparable school outside the United States approved by the United State Secretary of Education (fwelne ter called the Secretary) and andhng 10 years later unless I request in writing that my repayment period begin sooner. I understand that the school will rspce the amount of may installment peyments, along with the amount of this loan to a rational credit bureau. Interest on this loan shall accrue from the beputing of the repayment period. My repayment pnerlod may be shorter that 10 years If I am required by my school to make mininaun monthly psynunts. Upon my written request my repayment period may be extended during periods of dsfum ent, hardship. or forbearance and I may nuke graduated installments in accordance with a schedule approved by the Seamery. I will make my lrotailmnatt payments in equal mortinll, bimonthly or quwtmiy installments a determined by the school. The school may round my Installment payment to the next highest multiple of $5. if will nude e minimum monthly repayment of $40 (or $30 if I have outstanding Federal Perkins low mode before October 1.1992 that included the $30 minimumt payment option) in accordance with the Minimum Monthly Payment Section of the Terms and Conditions contained on the'revesse side of this document.) LATE CHARGES - The school will impose late charges if I do not make a scheduled payment when due or if I fall to submit to the school on or before the due daft of the paymem a property documnantd written request that I qualify for any of the forbearance. deferment or cancellation benefits a I 'bed below. No late charges may exceed 20% of my monthly, bimonthly or quarterly payment. The school may add the late charge to principal the day after the scheduled repayment was due or include It with the next scheduled repayment after I have received notice of the charge, and such notice is sent store the next Install ment is due. REQUESTS FOR DEFERMENT, CANCELLATION OR FORBEARANCE - To receive deferment. cancellation. or torbserance bemdlts. I must malts a written request to the school and must submit to the school any documentation the school requires to prove my eligibility for these benefits. I am responsible for submitting the appropriate requests on time, and I may low my benefits If I fail to file my request on time. DEFAULT . If I fail to make a scheduled payment when due; if I fag to submit to the school. on or before the due dam of a scheduled payment, documentation that I qualify for s deferment. cancellation. or forbearance: or if I fag to comply with the term and conditions of this promissory note or written repayment agreement. the school may. at Its option, declare may ban to be in default and may accelerate my loan (demand hnnedham payment of the entire unpaid balance of the loan. including principal, interest, lam charges, and collection costs). The school, and the Secretary, if my loan is assigned to, to Secretary for collection, shall disclose to credit bureau organisations that I have defaulted and all other relevant ban information. I will lose my right to defer peymahts and my right to forbearance if I default on my loan. I will lose my right to receive cancellation benefits for service that is performed after the dam the school atcaleramd the Ion. 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 Secretary to repay my loan. CHANGE OF STATUS - I will inform the school of any change in cony name, address. telephone number. Social Security numbs, or driver's license number. ASSIGNMENT - This note may be assigned by the school only to the United States. The provisions of this note that relate to the school shall where appropriate relate to the assignee. PROMISE TO PAY: I promise to pay the schogl, or a subsequent holder of the Promissory Note. the sum of amount(s) advanced to me under the term of this Note, plus interest and other fees which may become due as provided in this Nom. I promise to pay all reasonable collection costs, Including attorney fee and other charge, necessary for the collection of any amount not paid when due. I will not sign this Note before reading it. Includinng the provisions on the reverse side. This loan has been made to me without security or endorsement. My signature certifies I have read, understand, and agree to the term and conditions of this Promissory Note. THIS IS A LOAN(S) THAT MUST BE REPAID ?erc.?-S.ug?iateue=' f 130 ?' 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: J d? Sal Heckendo , Bursar F?\FILES\Clients\7619 Dickinson College\7619.Collections\7619C.Curcent\379 Clark\7619C.379.com F.\FILES\Clients\7619 Dickinson College\7619.Collections\7ti19C.Current\7619C,379 Clark\7619C.379.pra.rcinstate 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, Plaintiff v. LUKE T. CLARK, Defendant To the Prothonotary: ___ IN THE COURT OF COMMON P~,EAS OF CUMBERLAND COUNTY, PENIv7SYLVAI NO. 2012 - 3553 CIVIL TERM CIVIL ACTION -LAW PRAECIPE Please reinstate the Complaint in the above-referenced matter. MARTSON LAW OFFICES Bv: ~~-- ~ S ~.- E..' ..~. s c c-~ ca a ~ ~ ~~ N --r cn -~ w Date: ~/ 3 O//oZ Christopher E. Rice, Esquire I.D. Number 90916 Ten East High Street Carlisle, PA 17013-3093 (717) 243-3341 Attorneys for Plaintiff ~~/. 7~~ ~ ~~ a6o 7g ~~,2~vo33 t THIS IS A DEBT COLLECTING FIRM ATTEMPTING TO COLLECT A DEBT FO DICKINSON COLLEGE. ANY INFORMATION OBTAINED WILL BE USED FOl THAT PURPOSE. Christopher E. Rice, Esquire Attorney I.D. No. 90916 MAR1'SON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON I_AW OFFICES Ten East High Street Carlisle, PA, 17013 1717) 243-3341 Attorneys for Plaintiff DICKINSON COLLEGE, Plaintiff ~. LUKE T. CLARK, Defendant TO: LUkE T. CLARK, DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2012 - 3553 CIVIL TERM CIVIL ACTION -LAW NOTICE OF ENTRY OF DEFAULT JUllGMENT Y"ou are hereby notified that on the ~da,y of _ Gov _, 2012, the following Judgment was entered against you in the above-captioned action: judgment in the amount of $3,334.18, plus interest accruing at 5% per annum, collection and attorneys' fees in the amount of $750.00, and costs of suit. Date:_-_1~~-~O ~`~ _ -------- ~ ___ Prothonotary I herebv certify that the name and address of the proper person to receive this notice under Pa. R. Civ. I'. 236 is: Luke T. Clark 227 Haring Road Barrysville, NY 12719-5545 FII E~ (~Ilent<~ I~~ Dirl:invm C'ollege`,7G19 CollectionsV619CCurrent '.%619C.37v Clark7619C 379. pradctault C'7 n,,~ Christopher E. Rice, Esquire -v =. ~ ~-~ Attorne}' I.D. No. 90916 .~ ~ o ~ ~~--- MART'SOI~ DEARDORFF WILLIAMS OTTO GILRO~' & FALLER ~>`~ i ~~r"; MARTSON LAW OFFICES r-~ _ . Ten Fast High Street ~- _~~ ..~ ~ ~~ , ~r- =;- ,._~ . Carlisle. PA 17013 ~ ~°-t~= ~ °°= ~~ (717) 243-3341 •~ =~'~~ Attorneys Ii~r Plaintiff ~ ~ ~~~ '~ DICKINSON COLLEGE, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA ~- LUK}; T. CLARK, Defendant TO THE PIROTHONOTARY: NO. 201 ~ - 3553 CIVIL TERM CIVIL ACTION -LAW PRAECIPE Enter default judgment in the above-captioned action in favor of P~aintift~ and against Defendant in the of amount of $3,334.18, plus interest accruing at 5% per annum, collection and attorneys' fees in the amount of $750.00, and costs of suit as prayed for in the Complaint. for failure to file an Answer to Plaintiffs Complaint. I do hereby certify that a written notice of intention to file this Praecipe was mailed to the Defendant at the address indicated thereon, on October 17, 2012, which date was subsequent to the date default occurred and at least ten (10) days prior to the date of the Praecipe. MARTSON LAW OFFICES -~ , L. h~ / ` By - - T Christopher E. Rice, Esquire I.D. Number 90916 Ten East High Street Carlisle, PA 17013 (717) 243-3341 ~_~ Dated: ~~~ ~ ,` Attorneys for Plaintiff ~ I(,.5o P ~ AYty c# a c~~3 ~,~ asa7a(o F l I -l ~;an, ~ ;~~ Dick!n~ ~. Co kgel~,"619 CollectionsV1G 19CCurrenR7619C 379 Clnrk 7C 19C J°9 I ~d ivi~otice Christopher E. Rice, Esquire Attorney I.D. No. ,90916 MARTSON DEARDORFF' WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICF;S "I'en East F[igh Street Carlisle, PA 1701.3 (71 ?)243-3341 Attorneys for Plaintiff DICKINSON COLLEGE, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA ~'. NO. 2012 - 3553 CIVIL 'TERM LUKE T. CLARK, CIVIL ACTION -LAW Defendant IMPORTANT NOTICE TO: Luke T. Clark Date: October 17, 2012 227 Haring Road Barrvville, NY 12719-5545 YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITTF,N WITH THE COLR"t 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 JUDGMF,NT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YUU 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. [F YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. This is a debt collecting firm attempting to collect a debt for Dickinson College .Any information obtained will be used for that purpose. Cumberland County Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 Telephone:(717) :Z49-3166 MARTSON LAW OFFICES Y~ Christopher E. Rice, Esquire Christopher E. Rice, Esquire Attorney I.D. No. 90916 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSOIvf LAW OFFICES Ten Last Iligh Street Carlisle. PA l 7013 (717) 243-3341 Attorneys for Plaintiff DICKINSON COLLEGE, Plaintiff v. LUKE T. CLARK, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA NO. 201 ~ - 3553 CIVIL TERM CIVIL ACTION -LAW AFFIDAV[T AS TO MILITARY SERVICE CO!~IMONWEALTH OP PENNSYLVANIA ) :SS. COUNTY (-F CUMBERLAND ) Christopher F,. Rice, Esquire, being duly swonl 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, the Defendant above named is not in the military servace of the United States of America, that he has knowledge ~khat the said Defendant is now living at: 227 I-Taring Road, 13arryyille, 1viY 1271 ~-5545. Said Defendant's place of employment is unknown. ~~.. ~_~... r-.. I 6~ -..._. Sworn to and subscribed b fore me this'. ;. day of `~~Tata~~i~ , 2012. ~ ,, r c ~ ~, ~ ,7' N ar~y Public Christopher E. Rice, Esquire CQMMpNWEALTH l~F_P~NP~5YLVANTA Notarial Seal Mary M- Price, Notary Public Carlisle 8oro, Cumberland County My Commissbn E~ryires Aug. 18, 2015 MGM .. .'JA,r7iA ASSC#7AT10N OF N07ARIFS Christopher E. Rice, Esquire Attorney I.D. No. 90916 VIARTSON DF.ARDORFF WILLIAMS O"TTO GILRO~' & FALLER MARTSOIv1 LA W OFFICES "Ten East I Iigh Street Carlisle, Pf"~, l 7013 (717) 243-3341 Attorneys for Plaintiff DICKINSON COLLEGE, Plaintiff v. LUKI? T. CLARK, Defendant IN THE COURT OF COMMON PLEAS OF CUIVIBERLAND COUNTY, PENNSYLVANIA NO. 20I ~ - 3553 CIVIL TERM CIVIL ACTION -LAW COMMONWEALTH OF PENNSYLVANIA ) SS COUNTY OF CUMBERLAND ) Christopher E. Rice, Esquire, being duly sworn according to Iaw, 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 iintention to enter default judgment against the Defendant was liven to hirr~ by mail on October 17, 2012. ~~ . ,~ ~ ~a ,, ~, ~ ~, ~-~~ Christopher E. Rice, Esqu-ire Sworn to and subscribed , before me this ~ day of `~~tl~;"~~-~v-' , 2012. t ~ ~i ~. s~ti~,' ~ `-~.~i~C-f N ta~~ ~ Public ~ COMMONWEJail'H OF PENNSYWANTA , Notarial Seal Mary Nl. Price, Notary Public l Carlisle i3ovo, Cumberland County I My Commiss;on Expires Aug. 18, 2015 j ~ MEMBER, PENNS!'t_VANIA A$,SOQATION OF NOTARIES CERTIFICATE OF SERVICE I, Mary M. Price, an authorized agent of MARTSON DEARDORFF WI[.L1AMS 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: Luke T. Clark 227 Haring Road Barryville, NY 12719-5545 MARTSON LAW OFFICES ~1 By ~~ Gti~ ~ ! ~ 1, ~J a ~-------- Ma .Price Ten 1=,tdst High Street Carlisle, PA 17013 (717) 243-3341 l Dated: ? ~ .'~ j ~,, This is a debt collecting firm attempting to collect a debt for Dickinson College. Any information obtained will be used for that purpose