HomeMy WebLinkAbout04-5883F:\FILES\DATAFILE\DickinsonCollege7619\Collections\Cmrent\295-coml . wpd
Created: 4128/03 1:54:03 PM
Revised. 11/22/04 2.56.40 PM
7619c.295
David R. Galloway, Esquire
MARTSON DEARDORFF WILLIAMS & OTTO
Ten East High Street
Carlisle, PA 17013
(717) 243-3341
Attorneys for Plaintiff
DICKINSON COLLEGE,
Plaintiff
V.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 04-
: CIVIL ACTION-LAW
RANDELL H. PROTHRO,
Defendant
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 maybe entered against you by the courtwithout
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
MARTSON DE F WILLIAMS & OTTO
By
David R. Galloway, squii\
I. D. Number 87326
Dated: November 23, 2004
Ten East High Street
Carlisle, PA 17013
(717) 243-3341
Attorneys for Plaintiff
' F.IFILES\DATAFILE\DickinsonCollege7619\Collections\Cument\295-com1.wpd
Crwed- 11/22104 2 SOPM
Revised: 11/22/04 3:OOPM
7619C.295
David R. Galloway, Esquire
MARTSON DEARDORFF WILLIAMS & OTTO
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. 04-
CIVIL ACTION-LAW
RANDELL H. PROTHRO,
Defendant JURY TRIAL OF TWELVE DEMANDED
COMPLAINT
AND NOW, comes Plaintiff Dickinson College by and through its attorneys, MARTSON
DEARDORFF WILLIAMS & OTTO, and hereby avers as follows:
1. Plaintiff Dickinson College is a Pennsylvania educational institution and nonprofit
corporation with its principal place of business at West Street, Post Office Box 1773, Carlisle,
Cumberland County, Pennsylvania 17013.
2. Defendant Randell H. Prothro is an adult individual with a last known address of 245
North Kenmore, Apartment 301, Los Angeles, California 90004-6267.
3. On or about October 5, 1993, Defendant entered into a Promissory Note - Federal
Perkins Loan Program (Note #1) with Plaintiff for the financing of $2,000.00 plus interest and costs
by Defendant on his own behalf, for educational services and benefits at Plaintiff's institution. A
copy of Note #1 is attached hereto as Exhibit "A."
4. Note #I is 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.
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 total principal for Note #1 is $ 2,000.00.
7. Note #1 grants Plaintiff reasonable collection and attorney's fees which Plaintiff has
calculated to be $500.00.
8. As of September 30, 2004, the principal and interest due and payable by Defendant
to Plaintiff was $2,707.66, plus interest accruing thereafter at $.27 per day.
9. As of September 30, 2004, the outstanding balance of $2,707.66 represents the total
and actual overdue value of the financing provided to Defendant under Note # 1 for which Defendant
has yet to pay.
10. Plaintiff has fulfilled, performed and complied with all obligations and conditions of
Note #1.
COUNTI
BREACH OF CONTRACT
11. Plaintiff hereby incorporates by reference the averments contained in Paragraphs 1
through 10 of this Complaint.
12. Defendant breached the expressed and implied obligations, conditions and terms of
agreement of Note #1 by failing to pay the amounts financed therein.
WHEREFORE, Plaintiff demands judgment against Defendant in the amount of $2,707.66,
plus interest accruing at $.27 per day from September 30, 2004, collection and attorneys' fees in the
amount of $500.00 and costs of suit.
COUNT II
IN QUANTUM MER UIT
13. Plaintiff hereby incorporates by reference the averments contained in Paragraphs 1
through 12 of this Complaint.
14. Having requested Plaintiff to loan money, and doing so to the benefit of Defendant,
Defendant became liable to Plaintiff for said money.
15. Defendant has been unjustly enriched by accepting said money without paying
Plaintiff reasonable compensation therefor.
16. As of September 30, 2004, the total amount bywhich Defendant has become enriched
is $2,707.66, plus interest in the amount of $.27 per day from September 30, 2004.
WHEREFORE, Plaintiff demands judgment against Defendant, in the amount of $2,707.66,
plus interest in the amount of $.27 per day from September 30, 2004, collection and attorneys' fees
in the amount of $500.00 and costs of suit.
M N ILLIAMS & OTTO
By
David R. Galloway
I.D. Number 87326
Ten East High Street
Carlisle, PA 17013-3093
(717) 243-3341
Date: November 23, 2004 Attorneys for Plaintiff
-09
Promissory Note-Federal Perkins Loan Program
[Any bracketed clause or aragraph may be included at option of institution.]
I, Randfil 1 Pothro , promise to pay to Dickinson College (hereinafter called the
Institution), located at Carlisle. PA 17013-2896 , the sum of the amounts that are advanced to me and endorsed in the
Schedule of Advances set forth below. 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 further understand and agree that:
1. General
(1) Applicable Law. All sums advanced under this note are drawn from a fund created under Part E of Title IV of the Higher Education Act
of 1965, as amended (hereinafter called the Act), and are subject to the Act and the Federal regulations issued under the Act. The terms of this
note shall be interpreted in accordance with the Act and Federal regulations, copies of which are to be kept by the Institution.
(2) Procedures for Receivinz Deferment, Cancellation, or Forbearance. I understand that, to receive a deferment, cancellation, or
forbearance, I must request the deferment, cancellation, or forbearance in writing from the Institution and must submit to the Institution any
documentation required by the Institution to prove that I qualify for the deferment, cancellation, or forbearance. I further understand that, if I
am eligible for deferment, cancellation, or forbearance under Articles VI through XIV, I am responsible for submitting the appropriate requests
on time. I further understand that I may lose my deferment, cancellation, and forbearance benefits if I fail to file my request on time.
II. Interest
Interest shall accrue from the beginning of the repayment period and shall be at the ANNUAL PERCENTAGE RATE OF FIVE PERCENT
(5%) on the unpaid balance, except that no interest shall accrue during any deferment period described in Article VII.
M. Repayment
(1) I promise to repay the principal and the interest that accrues on it to the Institution over a period beginning nine (9) months after the date
I cease to be at least a half-time regular student at an institution of higher education, or at a comparable institution outside the United States
approved for this purpose by the United States Secretary of Education (hereinafter called the Secretary), and ending ten (10) years later, unless
that period is [shortened under paragraph III(5), or] extended under paragraphs III(4), 111(7) (extensions), VII(I), or VII(3) (deferments).
(2) Upon my written request, the repayment period may start on a date earlier than the one indicated in paragraph M(I).
(3)(A) I promise to repay the principal and interest over the course of the repayment period in equal monthly, bimonthly, or quarterly
installments, as determined by the Institution. I understand that, if my installment payment for all the loans made to me by the Institution is not
a multiple of $5, the Institution may round that payment to the next highest dollar amount that is a multiple of $5.
(B) Notwithstanding paragraph III(3)(A), upon my written request, repayment may be made in graduated installments in accordance with a
schedule approved by the Secretary.
(4) Notwithstanding paragraph I11(1), if I qualify as a low-income individual during the repayment period, the Institution, upon my written
request, may extend the repayment period for up to an additional ten (10) years and may adjust any repayment schedule to reflect my income.
[(5)(A) If the monthly rate that would be established under paragraph III(1), or the total monthly repayment rate of principal and interest on
all my Federal Perkins Loans, including this loan, is less than $40.00 per month, I shall repay the principal and interest on
this loan at the rate of $40.00 per month (which includes both principal and interest).
(5)(B) If I have received Federal Perkins Loans from other institutions and the total monthly repayment rate on those loans is less than
$40.00 the $40.00 monthly payment established under subparagraph III(5)(A) includes the amounts I owe
on all my outstanding Federal Perkins Loans, including those received from other institutions. The portion of the $40.00
monthly payment that will be applied to this loan will be the difference between $40.00 and the total of the amounts owed at a
monthly rate on my other Federal Perkins Loans.
(6) The Institution may permit me to pay less than the rate of $40.00 per month for a period of not more than one (1) year
where necessary to avoid hardship to me unless that action would extend the repayment period in paragraph III(1).]
(7) The Institution may, upon my written request, reduce any scheduled repayments or extend the repayment period indicated in paragraph
M(l), if, in its opinion, circumstances such as prolonged illness or unemployment prevent me from making the scheduled repayments.
However, interest shall continue to accrue.
IV. Prepayment
(1) I may, at my option and without penalty, prepay all or any part of the principal, plus any accrued interest thereon, at any time.
(2) Amounts I repay in the academic year in which the loan was made and the initial grace period has not ended will be used to reduce the
amount of the loan and will not be considered a prepayment.
(3) If I repay amounts during the academic year in which the loan was made and the initial grace period ended, only those amounts in excess
of the amount due for any repayment period shall be considered a prepayment.
(4) If, in an academic year other than the award year in which the loan was made, I repay more than the amount due for an installment, the
excess will be used to repay principal unless I designate it as an advance payment of the next regular installment.
V. Default
(1) The Institution may, at its option, declare my loan to be in default and may demand immediate payment of the entire unpaid balance of
the loan, including principal, interest, late charges, and collection costs, if--
(A) I do not make a scheduled payment when due under the repayment schedule established by the Institution; and
(B) I do not submit to the Institution, on or before the date on which payment is due, documentation that I qualify for a deferment,
cancellation, or forbearance as described in Articles VI, VII, VIII, IX, X, XI, XII, XIII, or XIV of this agreement.
(2) I understand that the Institution may disclose to credit bureau organizations the amount of loans made to me, along with other relevant
Page 1 of 4 Federal Perkins/July 1993
EXHIBIT "A"
information.
(3) I understand that, if I default on my loan, the Institution may disclose that I have defaulted, along with other relevant information, to
credit bureau organizations.
(4) Further, I understand that, if I default on my loan and the loan is assigned to the Secretary for collection, the Secretary may disclose that
I have defaulted, along with other relevant information, to credit bureau organizations.
(5) I understand that, if I default on my loan, I will lose my right to forbearance.
(6) I understand that, if I default on my loan, I will lose my right to defer repayments.
(7) I understand that, if the Institution accelerates the loan under paragraph V(1), I will lose my right to receive a cancellation of a portion of
my loan for any service described in Articles VIII, IX, X, XI, XII, )MI, or XIV performed after the date the Institution accelerated the loan.
(8) I understand that failure to pay this obligation under the terms agreed upon will prevent my obtaining additional student financial aid
authorized under Title N of the Higher Education Act of 1965, as amended, until I have made arrangements that are satisfactory to the
Institution or the Secretary regarding the repayment of the loan.
VI. Forbearance
(1) I understand that, upon making a property documented written request to the Institution, I am entitled to be granted forbearance of
principal and interest or principal only, renewable at 12-month intervals, for a period not to exceed three years, if-
(A) My debt burden equals or exceeds 20 percent of my gross income; or
(B) The Institution determines that I qualify for other reasons.
VII. Deferment
(1) I understand that, upon making a properly documented written request to the Institution, I may defer making scheduled installment
payments and will not be liable for any interest that might otherwise accrue during the following periods:
(A) For any period that I am-
(i) Enrolled and in attendance as a regular student in at least a half-time course of study at an eligible institution;
(ii) Enrolled and in attendance as a regular student in a course of study that is part of a graduate fellowship program approved by the
Secretary;
(iii) Engaged in graduate or post-graduate fellowship-supported study (such as a Fulbright grant) outside the United States; or
(iv) Enrolled and in attendance in a course of study that is part of a rehabilitation training program for disabled individuals approved by the
Secretary.
(B) For any period that I am engaged in service described in Articles VIII, DC, X, XI, XII, XIII, or XIV of this agreement.
(C) For a period not to exceed three (3) years during which--
(i) I am seeking and unable to find full-time employment; or
(ii) For any reason that my Institution determines has caused or will cause me to have an economic hardship.
(2) I understand that I am not eligible for a deferment under paragraph (VII)(1)(A) while I am-serving in a medical internship or residency
program.
(3) I understand that I may continue to defer making scheduled installment payments and will not be liable for any interest that might
otherwise accrue for a six (6) month period immediately following the expiration of any deferment provided in paragraph VII(I).
VIII. Teaching Cancellation
(1) I understand that, upon making a properly documented written request to the Institution, I am entitled to have up to 100 percent of the
amount of this loan plus the interest thereon canceled if I perform qualifying service after the period for which I received the loan-
(A) As a full-time teacher in a public or other nonprofit elementary or secondary school in the school district of a local educational agency
that is eligible in such year of service for funds under Chapter 1 of the Education Consolidation and Improvement Act of 1981, as amended, and
which has been designated by the Secretary (after consultation with each State Department of Education) in accordance with the provisions of
section 465(a)(2) of the Act as a school with a high concentration of students from low-income families. An official Directory of designated
low-income schools is published annually by the Secretary;
(B) As a full-time special education teacher (including teachers of infants, toddlers, children, or youth with disabilities) in a public or other
nonprofit elementary or secondary school system, or as a full-time qualified professional provider of early intervention services in a public or
other nonprofit program under public supervision by the lead agency as authorized in section 676(b)(9) of the Individuals With Disabilities
Education Act; or
(C) As a full-time teacher of mathematics, science, foreign languages, bilingual education, or any other field of expertise that is determined
by the State Department of Education to have a shortage of qualified teachers.
(2) A portion of this loan will be canceled for each completed year of teaching service at the following rates:
(A) 15 percent of the total principal amount of the loan plus interest on the unpaid balance accruing during that year for each of the first and
second complete academic years of that teaching service;
(B) 20 percent of the total principal amount of the loan plus interest on the unpaid balance accruing during that year for each of the third and
fourth complete academic years of that teaching service; and
(C) 30 percent of the total principal amount of the loan plus interest on the unpaid balance accruing during that year for the fifth complete
academic year of that teaching service.
IX. Head Start Cancellation
(1) I understand that, upon making a properly documented written request to the Institution, I am entitled to have up to 100 percent of the
amount of this loan plus the interest thereon canceled if I perform qualifying service after the period for which I received the loan as a full-time
staff member in a Head Start program if--
(A) That Head Start program is operated for a period that is comparable to a full school year in the locality; and
Page 2 of 4 Federal Perkins/July 1993
(B) My salary is not more than the salary of a comparable employee of the local educational agency.
(2) This loan will be canceled at the rate of 15 percent of the total principal amount of the loan plus interest on the unpaid balance accruing
during that year for each complete school year or equivalent period of service in a Head Start program.
(3) Head Start is a preschool program carried out under the Head Start Act.
X. Military Cancellation
(1) I understand that, upon making a properly documented written request to the Institution, I am entitled to have up to 50 percent of the
principal amount of this loan plus the interest thereon canceled if I serve as a member of the Armed Forces of the United States in an area of
hostilities that qualifies for special pay under section 310 of Title 37 of the United States Code.
(2) This loan will be canceled at the rate of 12 1/2 percent of the total principal amount of the loan plus interest on the unpaid balance
accruing during that year for each complete year of such qualifying service after the period for which I received the loan.
XI. Volunteer Service Cancellation
(1) I understand that, upon making a properly documented written request to the Institution, I am entitled to have up to 70 percent of the
amount of this loan plus the interest thereon canceled if I perform qualifying service after the period for which I received the loan-
(A) As a volunteer under the Peace Corps Act; or
(B) As a volunteer under the Domestic Volunteer Service Act of 1973 (ACTION programs).
(2) This loan will be canceled at the following rates:
(A) 15 percent of the total principal amount of the loan plus interest on the unpaid balance accruing during that year for each of the first and
second twelve (12) month periods of volunteer service completed; and
(B) 20 percent of the total principal amount of the loan plus interest on the unpaid balance accruing during that year for each of the third and
fourth twelve (12) month periods of volunteer service completed.
)M. Law Enforcement or Corrections Officer Cancellation
(1) I understand that, upon making a properly documented written request to the Institution, I am entitled to have up to 100 percent of the
amount of this loan plus the interest thereon canceled if I perform qualifying service after the period for which I received the loan-
(A) As a full-time law enforcement officer for service to an eligible local, State, or Federal law enforcement agency; or
(B) As a full-time corrections officer for service to an eligible local, State, or Federal corrections agency.
(2) A portion of this loan will be canceled for each completed year of law enforcement or corrections service at the following rates:
(A) 15 percent of the total principal amount of the loan plus interest on the unpaid balance accruing during that year for each of the first and
second complete years of that service;
(B) 20 percent of the total principal amount of the loan plus interest on the unpaid balance accruing during that year for each of the third and
fourth complete years of that service; and
(C) 30 percent of the total principal amount of the loan plus interest on the unpaid balance accruing during that year for the fifth complete
year of that service.
XIII. Nurse or Medical Technician Cancellation
(1) I understand that, upon making a properly documented written request to the Institution, I am entitled to have up to 100 percent of the
amount of this loan plus the interest thereon canceled if I perform qualifying service after the period for which I received the loan as a full-time
nurse or medical technician providing health care services.
(2) A portion of this loan will be canceled for each completed year of service at the following rates:
(A) 15 percent of the total principal amount of the loan plus interest on the unpaid balance accruing during that year for each of the first and
second complete years of that service;
(B) 20 percent of the total principal amount of the loan plus interest on the unpaid balance accruing during that year for each of the third and
fourth complete years of that service; and
(C) 30 percent of the total principal amount of the loan plus interest on the unpaid balance accruing during that year for the fifth complete
year of that service.
XIV. Child or Family Service Azency Cancellation
(1) I understand that, upon making a properly documented written request to the Institution, I am entitled to have up to 100 percent of the
amount of this loan plus interest thereon canceled if I perform qualifying service after the period for which I received the loan as a full-time
employee of an eligible public or private nonprofit child or family service agency who is providing, or supervising the provision of, services to
high-risk children who are from low-income communities and the families of such children.
(2) A portion of this loan will be canceled for each completed year of service at the following rates:
(A) 15 percent of the total principal amount of the loan plus interest on the unpaid balance accruing during that year for each of the first and
second complete years of that service;
(B) 20 percent of the total principal amount of the loan plus interest on the unpaid balance accruing during that year for each of the third and
fourth complete years of that service; and
(C) 30 percent of the total principal amount of the loan plus interest on the unpaid balance accruing during that year for the fifth complete
year of that service.
XV. Death and Disability Cancellation
(1) In the event of my death, the total amount owed on this loan will be canceled.
(2) If I become permanently and totally disabled after I receive this loan, the Institution will cancel the total amount of this loan.
XVI. Change in Name, Address, 'T'elephone Number, or Social Security Number
I am responsible for informing the Institution of any change or changes in name, address, telephone number, or Social Security number.
Page 3 of 4 Federal Perkins/July 1993
XVII. Late Charee
(1) The Institution will impose a• late charge if-
(A) I do not make a scheduled payment when it is due; and
(B) I do not submit to the Institution, on or before the date on which payment is due, documentation that I qualify for a deferment,
cancellation, or forbearance as described in Articles VI, VII, VIII, IX, X, XI, X11, XI11, or XIV of this agreement.
(2) No charge may exceed 20 percent of my monthly, bimonthly, or quarterly payment.
(3)(A) The Institution may-
(i) Add the late charge to the principal the day after the scheduled repayment was due; or
(ii) Include it with the next scheduled repayment after I have received notice of the late charge.
(B) If the Institution elects to add the late charge to the outstanding principal of the loan, it must so inform me before the due date of the
next installment.
XVM. Assienment
(1) This note may be assigned by the Institution only to--
(A) The United States;
(B) Another institution upon my transfer to that institution if that institution is participating in this program; or
(C) Another institution approved by the Secretary.
(2) The provisions of this note that relate to the Institution shall, where appropriate, relate to an assignee.
(3) Any holder of this loan is subject to all claims and defenses that I could assert against the Institution that made this loan; my recovery is
limited to the amount I repaid on this loan.
XIX. Prior Loans
I hereby certify that I have listed below all of the Federal Perkins Loans I have obtained at other institutions. (If no prior loans have been
received, state "None.")
FEDERAL PERKINS LOANS AT OTHER INSTITUTIONS
Amount
XX. Schedule of Advances
Date
Institution
The following amounts were advanced to me under this loan agreement on the dates indicated:
Amount Date Signature of Borrower
1 $1,000.00 8/11/9)
2 $1,000.00 1/12/94
NOTICE TO BORROWER: DO NOT SIGN THIS NOTE BEFORE YOU READ IT.
I UNDERSTAND AND AGREE TO ALL OF THE FOREGOING TERMS AND CONDITIONS.
[This note is signed as a sealed instrument.]
Signature [(seal)]
Date 19 73
Permanent Address (Street or Box Number, City, State, and Zip Code)
f
?l n : Ce •? ! !? U G ???Y G? b ./?7 I7
Social Security Number (borrower must provide) 1 l l7 - /rz `f I
The borrower and Institution shall execute this note without security and without endorsement.
The Institution shall provide a copy of this note to you and you should retain the copy for your records.
(Authority: 20 U.S.C.1087dd)
7, d,?2 t' 0;-
Page 4 of 4 Federal Perkins/July 1993
VERIFICATION
I, THOMAS MEYER, Bursar of Dickinson College, acknowledge that I have the authority to
execute this Verification on behalf of Dickinson College and certify that the foregoing Complaint is
based upon information which has been gathered by my counsel in the preparation of this lawsuit.
The language of this Complaint is that of counsel and not my own. I have read the document and to
the extent that this Complaint is based upon information which I have given to my counsel, it is true
and correct and to the best of my knowledge, information and belief. To the extent that the content
of this Complaint is that of counsel, I have relied upon counsel in making this Verification.
This statement and Verification are made subject to the penalties of 18 Pa. C.S. § 4904
relating to unsworn falsification to authorities, which provides that if I knowingly make false
averments, I may be subject to criminal penalties.
Dickinson College
Thomas Meyer
Bursar of Dickinson College
Dated:
F:\FILES\DATAFILE\DickinsonCollege7619\Collections\Current\295-com] wpd
F\FILESV ATAFILEWLCkmonCollc e7619ACollectionsACur entA295 pral
Cma VMS 939AM
Revised 2/8/05 942AM
David R. Galloway, Esquire
MARTSON DEARDORFF WILLIAMS & OTTO
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. 04- 5883
CIVIL ACTION-LAW
RANDELL H. PROTHRO,
Defendant JURY TRIAL OF TWELVE DEMANDED
PRAECIPE
Please reinstate the attached Complaint against Randell H. Prothro, in the above-captioned
action and return same to the undersigned for service.
MARTSON
By
David R. Galloway, I
L D. Number 87326
Ten East High Street
Carlisle, PA 17013
(717) 243-3341
WILLIAMS & OTTO
Date: February 8, 2005 Attorneys for Plaintiff
... a
::
l
1.
-.' .. V
L:
' Y?
-r?
_i
I .l
; , 1.
FVFILFSV ATAFILEADickinsonCollege9619AColleclionsACurtenfl295\pm2/nlm
Cmated 9113/05 221PM
Reviecd: 9/15/05 10 49A
David R. Galloway, Esquire
MARTSON DEARDORFF WILLIAMS & OTTO
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.
RANDELL H. PROTHO,
Defendants
NO. 04-5883
CIVIL ACTION-LAW
JURY TRIAL OF TWELVE DEMANDED
PRAECIPE
Please reinstate the attached Complaint against Randell H. Protho, 9120 Levelle Drive,
Chevy Chase, Maryland 20815-5664, in the above-captioned action and return same to the
undersigned for service.
MARTSON
By
David R. Galloway, I
L D. Number 87326
Ten East High Street
Carlisle, PA 17013
(717) 243-3341
WILLIAMS & OTTO
Date: September 15, 2005 Attorneys for Plaintiff
n na O
T
Zt J= to
nl(_' ftt ?T
cn.-> nt
cn
r T-
?.: A c
c - n'
z
cn i
<
F TILMDATAPI LEVDlckinwnColle e7619ACollections?CurmtA 95VafH
tremcd 10111105 2:39PM
Re,kmd 10111/05 2.55PM
Christopher E. Rice, Esquire
MARTSON DEARDORFF WILLIAMS & OTTO
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. 04-5883
CIVIL ACTION-LAW
RANDELL H. PROTHRO,
Defendant JURY TRIAL OF TWELVE DEMANDED
AFFIDAVIT OF SERVICE
COMMONWEALTH OF PENNSYLVANIA )
COUNTY OF CUMBERLAND
SS.
I hereby certify that a copy of the Complaint was mailed to Defendant Randell H. Prothro at
9120 Levelle Drive, Chevy Chase, Maryland 20815, on September 15, 2005, by certified mail,
restricted delivery, return receipt requested.
Attached is the Post Office return receipt which is signed "Randall Prothro" and dated
September 17, 2005.
Sworn to and subscribed
before me this //day of
l[tf?r c-r,,?aas-.
ef'
Christopher E. Rice, Esquire
NOTARIAL SEAL
CEmBORO. CUM EOTARY PUBLIC
RLAND COUNTY
MMISSI0 1? EXPIRES DEC. 2 2006
. CwM mra.?. ana?.Aaaa 0Apra
¦ PdMyanraamsa¦3¦ddwAn,
eo the vw an aMnm tha said e(f yat s [f *dmw* a m oe1 ray
t• AMaM1Alrrard?etbebadcdlbArtWbt?o0.
R MAir.yad¦rndllll.atae t? UYSI
1, ArtlCls to: MYEB.?aMreMlwryad?w4Mo'? C7.Ne
Chevq,Ne, m6 aiz, *? '. . a r
•,r- =
2. MArUcle w wftMaervlceds6eQ 7003 1010 0001 1188 7323
(n,ml/ernorn
Ps Form 3811. February 2004 DmMb AMra tl.W taa¦smrnea
M
m •
r`-
co C 2 5 Sd
'-? Postage a 10.60 _.,..4.....
C3
Certified Fee
O
O Return Real: Fee
(Endotesmen, Required) 41.. Hera
O Res,dc[ed Dovery Fee $3.50
rl (EMOreemald Required)
rl F $ 48.15 09/15/2005
Total Postage 8
ees
M
M
r sent To
steaia c
?.
;
??? ?
PO B
?Il n l P
er
ox
t
2
---
l,--S
N
O
?_ O l'i
_
__ UI
Z??
'1
Q
" _I
,
?TISt', C
7
L? ..n ?{
•
?'
?L
?
A ? f
.
.
f:
c,1?1
-?
.?
.?
Curtis R. Long
Prothonotary
Off[te of the jorotbonotarp
QLumberranb uCountp
Renee K. Simpson
Deputy Prothonotary
John E. Slike
Solicitor
(W- -5.Q .3 CIVIL TERM
ORDER OF TERMINATION OF COURT CASES
AND NOW THIS 29TH DAY OF OCTOBER 2008 AFTER MAILING NOTICE OF
INTENTION TO PROCEED AND RECEIVING NO RESPONSE - THE ABOVE
CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH PA
R C P 230.2
BY THE COURT,
CURTIS R. LONG
PROTHONOTARY
One Courthouse Square • Carlisle, Pennsylvania 17013 • (717) 240-6195 • Fax (717) 240-6573