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HomeMy WebLinkAbout04-5902F ~FILES~DATAFILEkDickinsonCollege7619\Collections\Current~292-coml wpd Created: 4/28/03 1.54'03 PM Revised: 11/23/04 9:55-40 AM 7619c.292 David R. Galloway, Esquire MARTSON DEARDORFF WILLIAMS & OTTO Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff DICKINSON COLLEGE, Plaintiff Vo HENRY L. MORTENSEN, Defendant. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04- : : CIVIL ACTION-LAW : : 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 orby 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: Dated: November 23, 2004 Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 David R. Galloway, Esquire I. D. Number 87326 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff F:LrILE S ~DATAFI LE~Dickinson College7619\Collections\Currentk292-com I wpd Created' 11/23/04 9:35AM Revised: 11/23t0~ 9.58AM 7619C292 David R. Galloway, Esquire MARTSON DEARDORFF WILLIAMS & OTTO Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff DICKINSON COLLEGE, Plaintiff HENRY L. MORTENSEN, Defendant. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04- CIVIL ACTION-LAW 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 Henry L. Mortensen is an adult individual with a last known address of 203 Marion Street, Houma, LA 70360-7237. 3. On or about August 28, 1995, 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 #1is 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 29, 2004, the principal and interest due and payable by Defendant to Plaintiff was $2,765.85, plus interest accruing thereafter at $.27 per day. 9. As of September 29, 2004, the outstanding balance of $2,765.85 represents the total and actual overdue value of the financing provided to Defendant under Note # 1 for which Defendant has yet to pay. 10. Note #1. Plaintiffhas fulfilled, performed and complied with all obligations and conditions of COUNT I 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 $2,765.85, plus interest accruing at $.27 per day from September 29, 2004, collection and attorneys' fees in the amount of $500.00 and costs of suit. COUNT II IN OUANTUM 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 29, 2004, the total amount by which Defendant has become enriched is $2,765.85, plus interest in the amount of $.27 per day from September 9, 2004. WHEREFORE, Plaintiff demands judgment against Defendant in the amount of $2,765.85, plus interest in the amount of $.27 per day from September 29, 2004, collection and attorneys' fees in the amount of $500.00 and costs of suit. M~2ILLIAMS & OTTO I.D. Number 87326 ~, Ten East High Street Carlisle, PA 17013-3093 (717) 243-3341 Date: November 23, 2004 Attorneys for Plaintiff 00273-000-00-3112 -09 Promissory Note-Federal P~rkins Loan Prol~ram [Any bracketed clause or paragraph may be inclmd~d at option of institution.] I, Henry Lee Mortensen , promise to pay to Dickinson C0]leqe (hereimui~r¢illedt~e Institution),loca~dat Carlisle, PA 17013-2896 , the sum of the amounts that ar~ advanced to me and endorsed in me Schedule of Advances set forth below. I promisn to pay ill reasonable collection costs, including attorney fees and other charges, necest~try for the collection of any mount not paid when due. I further understand and agree that: L General (1) Applicable Law. All sums advanced und~ lifts not~ are drawn from a fund created under Pan E of Title IV of the Higher Education Act of 1965, as mended (hereinaP, er 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 Receivine Deferment. Caneeilation. or Forbearance. I understand that, to receive a deferment, cancellation, or forbearance, I must request the deferment, cancelis~tion, or forbearance in writing from the Institution and must submit to the Institution any documentation required by the Institution to prov~ 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 appropriat~ requests on time. I further understand that I may lose my deferment, cancellation, and forbearance benefits ii' I fail to Ne my request on time. II. Interest In,.rest 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 intsrest shall accrue during any deferment period described in Article VII. 1Tr. RepaYment (I) I promise to repay the principal and the inmrest that accrues on it to the Institution over n period beginning nine (9) months al~r the date I cease to be at Ieast a bilf-time regular student at an institution of higher education, or at a comparable in~itution outside the United States approved for this purpose by the United States Secretary of Education (hereinafter called the Secretary), and ending tan (10) years latsr, unles~ that period is [shortened under paragraph HI(Y), or] extended under paragraphs HI(4), HI(7) (extensions), VII(1), or VII(3) (deferments). (2) Upon my written request, the repayment period may start on a date earlier thn, the one indicated in paragraph Hi(l). (3)(A) I promise to repay the principal and in~r~t 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 lmms 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 HI(3)(A), upon my written request, repayment may be made in graduated insudlments in accordance with a schedule approved by the Secretary. (4) Notwithstanding paragraph ITt(l), if I qualify as a low-income individual during the repayment period, the hutitution, 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. [(Y)(A) If the monthly rate that would be established under paragraph HI(I), or the total monthly repayment rat~ of principal and interest on all my Federal Perkln, Loans, including this loan, is less than $40.00 per month, I shall repay the principal and interest on this loan at the raw of $40.00 per month (which includes both principal and interest). (Y)(B) If I have received Federal Perkins Loans from other institutions and the total monthly repayment rate on thos," loans is le~ than $40.00 the $40,00 monthly payment esutblished under subparagraph ffl(y)(A) includes the amounts I owe on ail 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 raw on my other Federal Perkins Loans. (6) The .In~,itution may permit me to pay less than the rate of $40 o 00 per month for a period of not more than one (I) year where neces~ry to avoid hardship to me unless tim action would extend the repayment period in paragraph Hi(l).] (7) The Institution may, upon my written request, reduce any scheduled repayments or extend the repayment period indicated in paragraph Hi(1), 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. Preonvment (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 thc 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 a~ademic 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 desig-_,t~ it as an advance payment of the next regular instalment. 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 flutt I qualify for a deferment. cancellation, or forbearance ns described in Articles VI, VII, VIII, IX. X, XI. XII, XIlI, or XIV of this ~reement. (2) I understand that the Institution may disclose Io credit bureau organizations the amount of loans made to me, along with other relevant Page 1 of 4 Federal Perkins//uly 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, [ understand that, if [ 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 fight to forbearance. (6) I understand that, if I default on my loan, I will lose my fight to defer repayments. (7) I understand that, if the hutitution accelerates the loan under paragraph V(1), I will lose my fight to receive a cancellation ora portion of my loan for any service described in Articles VIII, IX, X, XI, XII, XIlI, 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 IV 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) ] understand that, upon making a properly documented written request to the Institution, ! nm 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 qualif), 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 pan of a graduate fellowship program approved by the Secretary; (iii) Engaged in graduate or post-graduate fellowship-supported study (such as a Fulbright gran0 outside the United States; or (iv) Enrolled and in attendance in a course of study that is pan of a rehabilitation training program for disabled individuals approved by the (B) For any period that I am engaged in service described in Articles VIII, IX, X, XI, Xll, XIII, or XIV of this agreement. (C) /:or a period not to exceed three (3) years during which- (i) I am seeking and um~ble 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)(I)(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 thc expiration of any deferment provided in paragraph VII(l). 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 X received the loan- (A) As a full-time t_e!cher in a public or other nonprofit elementary or secondary school in the school district of a local edueation-q agency that is eligible in such year of service for funds under Chapter I of the Education Consolidation aad Improvement Act of 1981, a~ amended, and which ha~ 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 ns a school with a high concentration of students from low-income families. An official Directory of designated Iow-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 676Co)(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 Depanment 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 pins interest on the unpaid balance accruing during that year for each of the lust and second complete academic years of thai *_e~_ching 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 thc 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 I00 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 Federni Perkins/July 1993 (B) My mlary is not more than the salary of a comparable employee of the local oducatioual ~gency. (2) This loan will be canceled at the rate of 1S 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 S~rt program. (3) Head Start is a preschool program carried out under the Head Start Act. X. Mili~v Cancellation (l) I undersumd that, upon making a properly documented written request to the Iastitutlon, I am entitled to have up to ~50 percent of ~he priucipal 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 spocial pay under section 310 of Title 3'] 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 balsace 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 uaderstand that, upon making a properly documented written request to the Institution, ! am entitled to have up to 70 percent of the amount of this loan plus the in~erest thereou canceled if ! perform qualifying service at~er the period for wldch I received the loan- · (A) As a volunteer under the Peace Corps Act; or (B) As a volunteer under the Domestic Volunteer ~rvice Act of 1973 (ACTION programs). (2) This loan will be canceled at the following rates: (A) 1:5 pereea! of the total principal amount of the loan plus interest on the unpaid balance accruing during that year for each of the first sad second t~elve (12) month periods of volun~er service completed; and (B) 20 percent of the total priucipal amount of the loan plus interest on the unpaid balance accruing during that year for e.~h of the third fourth t~eive (12) month periods of volunteer service completed. X~I. I~w Enforcement or Corrections Officer Cat~cellation (l) ! 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) A~ 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 sa eligible local, State, or Federal corrections a~ency. (2) A portion of this loan will be canceled for each completed year of law enforcement or corrections service at the following rates: (A) 1;5 percent of the total principal amount of the loan plus interest oa the unpaid balance accruing during that year for ~ach of the firs~ ami second complete years of that service; (B) 20 percent of the total principal amount of the loan plus interest on the uupaid balance accruing during that year for e~ch of the third sad 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 fitch complete year of that service. XIII. Nurse or Medical Technician Cancellation (1) I understand that, upon making a properly documented written request to the l~dtutlon, 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 al~er 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 ~ud fourth complete years of that service; sad (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 A~eucv Cancellation (l) I unders~,ud that, upon m~le~ng a properly documented written reque~ to the Institution, I am entitled to have up to 100 percent of the amount of this loan plus interest thereon canceled if ! perform qualifying service after the period for which ! receivod the loan as a full-time employee of an eligible public or private nonprofit child or family service agency who is providh~g, or supervising the provision of, services to high-risk children who are from Iow-income communities and the families of such children. (2) A portion of this losa will be canceled for each completed yem' of service at the following rates: (A) I$ percent of the total principal amount of the loan plus interest oa 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 fitch complete year of that service. XV. Death and Disability Cancellation (1) In the event of my d~ath, the total amouut owed on this loan will be canceled. (2) If I become perm~mently and totally disabled after I receive this loan, the Lustimt~on will cancel the total amount of this loan. XVI. Chan~e in Name. Address. Telephone Number. or Social Security Number I am responsible for informing the ln-~titution of any change or changes in name, address, telephone number, or Social Security number. Page 3 of 4 Federal Perkins/luly 1993 · ~. Late Charge (1) The Institution will impose a' late cha~se if- (A) I do not make a scheduled payment when it is due; and (B) ! do not submit to the Institution, on or b~ore the d_~,~_ on which payment is due, documentation that ! qualify for a deferment, cancellation, or forbearance as described in A~I~s V~, V~, V~, IX, X, X~, ~, X~, or X~ of this agreement. (2) No charge may exceed :20 percent of my monthly, bimonthly, or quarterly payment. ('J)(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 ! have received notice of the late chm'ge. (B) If the Institution elects to add the late cha~ to the outstanding principal of the loan, it must so inform me before the due date of the next installment. (I) This no~ 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 sobject to all claims and defenses that ! could assert against the Institution that made this lo~n; my recovery is limited to the amount ! repaid on this loan. ~. Prior Loans ! hereby certi~ that ! have listed below ali of the Federal Perkins Loans ! have obtained at other institutions. (If no prior loans have been received, state *None.*) FEDERAL P£RKI~[S LOANS AT OTI-~R I~STITUTIONS ,Amount Date Institution XX. ~cbedule of Advances The foliov~ng amounts were advanced to me under this loan agreement on the dates indicated: Amount Date Signature of Borrower 2 S ~. 000. O0 - ~]~s_2.3_~_96 ~. , -~/-~.~'~'~, ~ :~,.-_ ~- 3 /' 4 NOTICE TO BORROWER: DO NOT SIGN T~-~ 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.] Date f(seal)] Permanent Address (Street or Box Number, Cit'/, Srat~, and Zip Code) Social Securi~/Number (borrower must provide) ~ "~--~ ~ -~ ~ - 7 ~/ 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) 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\DATAFILEX~DickinsonColleg¢7619\Collections\Current~92-cora ! .wpd F:'4elLESkDATAFILEXDickinsonC ollege 7619\Collections\Current~292 pta2 Created 1/5/05 2.56PM Revised I/5/05 3:41PM 7619C 292 David R. Galloway, Esquire MARTSON DEARDORFF WILLIAMS & OTTO 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attomeys for Plaintiff DICKINSON COLLEGE, Plaintiff HENRY L. MORTENSEN, Defendant. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04 - 5902 CiVIL ACTION-LAW JURY TRIAL OF TWELVE DEMANDED PRAECIPE TO DOCUMENT SERVICE AND COST OF SERVICE PURSUANT TO THE PENNSYLVANIA LONG ARM STATUTE I hereby certify that a copy of the Complaint was mailed to Henry L. Mortensen on December 15, 2004, by certified mail, restricted delivery, return receipt requested. Attached is the Post Office return receipt signed and accepted at 730 Snyder Avenue, Aromas, CA 95004 on December 29, 2004 and a copy of the recei~pt showing the cost of service was $8.15. M~~IAMS & OTTO iD.;.ViNd oR. '8G7 ~121~wa~' Es'~re 10 E. High Street Carlisle, PA 17013-3093 (717) 243-3341 Date: January 6, 2005 Attorneys for Plaintiff USPS - Track & Confirm Page 1 of 1 Track & Confirm Shipment Details You entered 7003 1010 0001 1188 8528 Your item was delivered at 11:37 am on December 29, 2004 in AROMAS, CA 95004. Here is what happened earlier: Notification Options · NOTICE LEFT, December 28, 2004, 12:37 pm, AROMAS, CA 95004 · FORWARDED, December 20, 2004, 7:46 am, HOUMA, LA · ACCEPTANCE, December 15, 2004, 4:33 pm, CARLISLE, PA 17013 Track & Confirm by email POSTAL INSPECTORS Preserving the Trust Track & Confirm Enter label number: Track & Confirm FAQs What is this? site map contact us government services Copyright © t999-2002 USPS. All Right..; Reserved. Terms of Use Privacy Policy http://trkcnfrml.smi.usps.com/netdata-cgi/db2www/cbd_243.d2w/detail 1/3/2005 CERTIFICATE OF SERVICE I, Jean Taylor, an authorized agent ofMartson DeardorffWilliams & Otto, hereby certify that a copy of the foregoing Praecipe was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Mr. Henry L. Mortensen 730 Snyder Avenue Aromas, CA 95004 MARTSON DEAKDORFF W~U~L~S & OTTO /// Jean/ ~ylor ~ / Te~[ [st High Streetg Car~ .e, PA 171)13 (717 243-3341 Dated: January 6, 2005 F:\fILES\DA T APll-E\DickinsonCollege76 I 9\Collections\Current\292.stip lIdrg Created 11113/02!1:2729PM Revised: OIl18!0502,05:07PM 7619c,292 David R. Galloway, Esquire MARTSON DEARDORFF WILLIAMS & OTTO 10 East High Street Carlisle, P A 17013 (717) 243-3341 Attorneys for Plaintiff DICKINSON COLLEGE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 04 - 5902 CIVIL ACTION-LAW HENRY L. MORTENSEN, Defendant. JURY TRIAL OF TWELVE DEMANDED STIPULATION AND AGREEMENT FOR ENTRY OF JUDGMENT AND NOW, comes Plaintiff DICKINSON COLLEGE by and through its attorneys, MARTS ON DEARDORFF WILLIAMS & OTTO, and Defendant Henry L. Mortensen who stipulate and agree as follows: 1. Pa. R.C.P. 1037 (c) provides that in all cases, the Court, on motion ofa party, may enter an appropriate judgment against a party upon admission. 2. Defendant agrees and admits that Judgment should be entered against him in favor of Plaintiff in the amount of $3,293.66 plus costs of suit and interest of $.27 accruing per day from date of Judgment. 3. The parties agree that the Court, upon motion of Plaintiff, may enter Judgment pursuant to this Stipulation without issuance of a Rule to Show Caus ,and without further proceedings or notice. By ~2;: .~ ~'7!3: C'n -_~~ -By ./ David R. Galloway, squire Martson Deardorff Williams & Otto Ten East High Street Carlisle, P A 17013-3093 (717) 243-3341 Attorney for Plaintiff ,/1 Date: . 10 e L ortensen 730 Snyder Avenue Aromas, CA 95004 Pro Se Defe~ant ~. Date: / ~ "-<, &5 I CERTIFICATE OF SERVICE I, Melissa A. Mowery, an authorized agent for Martson Deardorff Williams & Otto, hereby certify that a copy of the foregoing Stipulation and Agreement for Entry ofJudgment was served this date by depositing same in the Post Office at Carlisle, P A, first class mail, postage prepaid, addressed as follows: Mr. Henry 1. Mortensen, pro se 730 Snyder Avenue Aromas, CA 95004 MARTSON DEARDORFF WILLIAMS & OTTO By C~curX\ Dc (l\lClct{J~ Melissa A. Mowery ( Ten East High Street ( ) Carlisle, P A 17013 (717) 243-3341 Dated: February 4, 2005 ~ Gl ~ ~ rt B ~~~ \) ~ ~1 r-,,' ~:~:~~ c.(1 -n f"l G~.~! I .L-;- -c::l -','" s;; r0 c,) j:\FILESI,DA T AFlLEIDickinSOll('oJle.;:<,76J 9\Ccll1'.Clj,'n5\Cun.cTll\19~.l)[d I ''!'lam Cl'e31.:d 6i1'l/034,08PM Revised: :?/4/05\l54AM 7619("::91 1/ FEB 0 7 2005( David R. Galloway, Esquire MARTSON DEARDORFF WILLIAMS & OTTO Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff DICKINSON COLLEGE, Plaintiff, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 04-5902 CIVIL ACTION-LAW HENRY L. MORTENSEN, Defendant. JURY TRIAL OF TWELVE DEMANDED ORDER OF COURT AND NOW, this ~tpay of l~b . ,2005, upon consideration of the attached Stipulation, judgment is hereby entered in favor of Plaintiff, Dickinson College, against Defendant, Henry L. Mortensen in the amount of$3,293.66, plus costs of suit and interest accruing at $.27 per day from date of Judgment. Prothonotary is directed to enter and index this judgment accordingly. BY THE COURT, , J. forP . . : avid R. Galloway, Esquire LD. 87326 Ten East High Street Carlisle, PA 17013 :> ~l ~ 02-09 -(Y-! !,~~endant: ~~ :re~ L. Mortensen 730 Snyder Avenue Aromas, CA 95004 .. F:\FILES\DAT AFILE\DickinsonCollege7619\Collections\Current\292stiplldrg Crealell. JlfI3/021J:27:29PM Revised: OlI18f0502:05:07PM 7619c.292 FEB 0 7 20ll~ David R. Galloway, Esquire MARTSON DEARDORFF WILLIAMS & OTTO 10 East High Street Carlisle, P A 17013 (717) 243-3341 Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DICKINSON COLLEGE, Plaintiff v. NO. 04 - 5902 CIVIL ACTION-LAW HENRY 1. MORTENSEN, Defendant. JURY TRIAL OF TWELVE DEMANDED STIPULATION AND AGREEMENT FOR ENTRY OF JUDGMENT AND NOW, comes Plaintiff DICKINSON COLLEGE by and through its attorneys, MARTS ON DEARDORFF WILLIAMS & OTTO, and Defendant Henry 1. Mortensen who stipulate and agree as follows: I. Pa. R.C.P. 1037 (c) provides that in all cases, the Court, on motion of a party, may enter an appropriate judgment against a party upon admission. 2. Defendant agrees and admits that Judgment should be entered against him in favor of Plaintiff in the amount of$3,293.66 plus costs of suit and interest of$.27 accruing per day from date of Judgment. 3. The parties agree that the Court, upon motion of Plaintiff, may enter Judgment pursuant to this Stipulation without issuance of a Rule to Show Caus " and without further proceedings or notice. Pro Se Defe~ant ~ Date: / ~ -0. C'7 / -By David R. Galloway, squir Martson Deardorff Williams & Otto Ten East High Street Carlisle, P A 17013-3093 (717) 243-3341 Attorney for Plaintiff ,t'1. Date: ' 10 ~ ~.c' By '. "~/ ~z:;,,~ He: ry L ortensen 730 Snyder Avenue Aromas, CA 95004 CERTIFICATE OF SERVICE I, Melissa A. Mowery, an authorized agent for Martson Deardorff Williams & Otto, hereby certify that a copy ofthe foregoing Stipulation and Agreement for Entry of Judgment was served this date by depositing same in the Post Office at Carlisle, P A, first class mail, postage prepaid, addressed as follows: Mr. Henry L. Mortensen, pro se 730 Snyder Avenue Aromas, CA 95004 MARTS ON DEARDORFF WILLIAMS & OTTO < . Q l Bye \I<\Qji~/ffi . L I'(tCluCJ Melissa A. Mowery ( Ten East High Street I j Carlisle, P A 17013 (717) 243-3341 Dated: February 4, 2005