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HomeMy WebLinkAbout04-5904F.\FILES\DATAFILE\DickinsonCollege7619\Collections\Current\284-coml wpd Created: 4128103 1:54-03 PM Revised 11/23/04 240 25 PM 7619c 284 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- ? 6 y ca; -a 1,? CIVIL ACTION-LAW BRANDON T. COTTON, 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 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 MARTSON DE F WILLIAMS & OTTO By David R. Galloway, Esquire I. D. Number 87326 Dated: November 23, 2004 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff F \FILES\DATAFILE\DickinsonCollege7619\CollectionslCurtent\284-coml wpd Created 11/23/04 2.37PM Revised 11/23/04 240PM 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- 5911 `/ Q Ti.. -- CIVIL ACTION-LAW BRANDON T. COTTON, 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 Brandon T. Cotton is an adult individual with a last known address of 27 West 27' Street, Floor 5, New York, NY 10001-6911. 3. On or about March 8, 1996, Defendant entered into a Promissory Note - Federal Perkins Loan Program (Note #1) with Plaintiff for the financing of $3,000.00 plus interest and costs by Defendant on his own behalf, for educational services and benefits at Plaintiff's institution. A copy of Note 41 is attached hereto as Exhibit "A." 4. Note # 1 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 $ 3,000.00. 7. Note #1 grants Plaintiff reasonable collection and attorney's fees which Plaintiff has calculated to be $500.00. 8. As of August 24, 2004, the principal and interest due and payable by Defendant to Plaintiff was $4,031.74, plus interest accruing thereafter at $.41 per day. 9. As of August 24, 2004, the outstanding balance of $4,031.74 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. 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 $4,031.74, plus interest accruing at $.41 per day from August 24, 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 August 24, 2004, the total amount by which Defendant has become enriched is $4,031.74, plus interest in the amount of $.41 per day from August 24, 2004. WHEREFORE, Plaintiff demands judgment against Defendant in the amount of $4,031.74, plus interest in the amount of $.41 per day from August 24, 2004, collection and attorneys' fees in the amount of $500.00 and costs of suit. M !!OONN F WILLIAMS & OTTO 1 B7n. v id R. Galloway I.D. Number 87326 Ten East High Street \ Carlisle, PA 17013-3093 (717) 243-3341 Date: November 23, 2004 Attorneys for Plaintiff 3/7 -09 Promissory Note-Federal Perkins Loan Program (Any bracketed clause or paragraph may be included at option of institution.] 1, Br'_''ldon Todd Co romise to pay to Dickinson Col 1 eqe (hereinafter called the Institution), located at u dl" l i s l e . PA 1107 3-2896 , 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 dais 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 Receivine Deferment. Cancelliation. 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 XN, 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 fad to file my request on time. II. nterest 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 shad! 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), III(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(l). (3)(A) I promise to repay the principal and interest aver 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 SS, 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 M(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. 1(5)(A) If the monthly rate that would be established under paragraph M(I), 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 lea 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 M(l).] () 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 1 designate it as an advance payment of the next regular installment. V. fau t (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) 1 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) 1 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, XIII, or XN performed after the data 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) 1 understand that, upon making a properly documented written request to the Institution, I am entitled to be granted forbearance of principal and interest or principal only, renewable at I2-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) 1 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; (ii) 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, IX, X. XI, xII, m. or XIV of this agreement. (C) For a period not to exceed three (3) years during which- () 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) 1 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) 1 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. D{. Head Start Cancellation (1) 1 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 P 1F I ESIDATAI II EIDICklnaonColleeclo 1 TCOllec(iuoeACmrcnA104C04.p . 1? Creme. 31105 e55AN1 NevisN 9/11;05956AM 1h19C'-N6 Christopher E. Rice, Esquire I.D. 90916 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. 04-5904 CIVIL ACTION-LAW BRANDON T. COTTON, Defendant JURY TRIAL OF TWELVE DEMANDED PRAECIPE Please reinstate the Complaint against Brandon T. Cotton, 450 Myrtle Avenue, Apartment 4, Brooklyn, NY 11205 in the above-captioned action and return same to the undersigned for service. MARTSON DEARDORFF WILLIAMS & OTTO B Christopher E. Rice, Esquire Ten East High Street Carlisle, PA 17013 (717) 243-3341 Date: September 23, 2005 Attorneys for Plaintiff f') ? - n c.. ?? ? ? `,`, ?.. ?T;1 ' Ti l' G.. %;? r r? (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 12 112 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 Cancellatiog (1) 1 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. XM. Nurse or Medical Technician Cancellation (1) 1 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. )IV. Child or Family Service A¢ency 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. Chance in Name. Address. Televbone 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 Perkias/July 1993 • XVII. Late Charee (1) The Institution will impose w 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, XII, XIII, 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 1 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. Assirnment (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 tastitution 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: r-? Amount Date Sjgaawe Boaov+er _?- i $3 x000 JJLI 1/26/96 NOTICE TO BORROWER: DO NOT SIGN THIS NOTE BEFORE YOU READ IT. I UNDERSTAND AND AGREE TO ALL OF TBE FOREGOING TERMS AND CONDITIONS. (This note is signed ps a xialed instrument.] Signature . / l _ 1(seal)] Date of Birth G GG !` Date Permanent Address (Street or Box Number, City, State, and Zip Code) -7 - 7 Social Security Number (borrower must provide) 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: \FILE S\DATAFI LE\DickinsonCollege7619\Collect ions\Cutrent\284-com l . wpd c? cl? `6 ca C`y i) 3;0 C? C C y ism 9 FJFILE.SIDAT'AFILE'DickinsonCatkg7619?Co11eulons?Clnien11284.pre1 Created'. 111/05 9.55AM Revised ?/1105 1000AM 7619C 284 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. 04-5904 CIVIL ACTION-LAW BRANDON T. COTTON, Defendant. JURY TRIAL OF TWELVE DEMANDED PRAECIPE .M'w-A Please reinstate the allmind Complaint against Brandon T. Cotton, in the above-captioned action and return same to the undersigned for service. MARTSON David R. Galloway, 1 I. D. Number 87326 Ten East High Street Carlisle, PA 17013 (717) 243-3341 WILLIAMS & OTTO Date: March 1, 2005 Attorneys for Plaintiff ?-> c ,-> : ?, ti-=, .. ., ' ; a r'.. ? i ?,. .? ?,' , -; -?-, ? ? A."v_ : ,;y a `.-? 1 k',.'? ?? F:NILMB ATAFILE\ ickimmCollege9619\Collections\C=Wt\284\484_pra2 Created 3N05 9-_55AM Revived: 811105 9:54AM ]6190.284 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. 04-5904 CIVIL ACTION-LAW BRANDON T. COTTON, Defendant JURY TRIAL OF TWELVE DEMANDED PRAECIPE Please reinstate the attached Complaint against Brandon'f. Cotton, in the above-captioned action and return same to the undersigned for service. MARTSON DEARD WILLIAMS & OTTO Byc David R. Galloway, Es ire I. D. Number 87326 Ten East High Street Carlisle, PA 170.13 (717) 243-3341 Date: August 1, 2005 Attorneys for Plaintiff i^?,'-, a ?i^?,?. t"" ^? .!- -r+ < ;t_. {?.J ?' 7 ? ?'< '? W F-\FILES\DATAnLE\Di&in,onCollege]619\Collection,\Cuvent\284\proofdueddigmce Created. NI3/03 tI OaA Revi,ed: 8/30/05 11 27" ]6190.294 David R. Galloway, Esquire I.D. No. 87326 Ten East High Street Carlisle, PA 17013-3093 (717) 243-3341 Attorneys for Plaintiff DICKINSON COLLEGE, Plaintiff V. BRANDON T. COTTON, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-5904 CIVIL ACTION-LAW JURY TRIAL OF TWELVE DEMANDED PROOF OF DUE DILIGENCE AND RELATED COSTS TO THE PROTHONOTARY: We attach a Proof of No Service showing Plaintiff' attempted to serve Defendant Brandon T. Cotton at 408 Union Avenue, Apt. 2, Brooklyn, New York. The cost of that attempted service was $42.00. MARTSON By Attorney I.D. 87326 10 East High Street Carlisle, PA 17013 (717) 243-3341 WILLIAMS & OTTO Date: August 30, 2005 Attorneys for Plaintiff DJCVNrMo, (Iol)ccle. - --- ---- --------- --- VS Pet;iioner 16(Un6vn 'a CuTF do Respondent STATE OF:N"EW FORK ) COUNTY OF V) t n ) SS: THE CITY OF iNEVY YORK OFFICE OF TILE SHERIFF ATTENMTED SERVICE RETIRN Sheriff's Case .M. V105 - 1497 (J' ? r p I [ a'm7 cenities that hef!Mk is a Dep? Sceriii of the City' of Neµ York. bcin. over the a.-e of eighteen )ears, is not a part' to this action or procee:in_. and he'-4& akas unab!e to serge the r ?nGpj m for the foNou r.e rea>en;: ticFrnM.nr- - b f Fuda.? P*+K+onrr/FLes ?t des not live at address as per f IQ 17ponbw%:6 RLrScnt T cne.n [Y? Faettrorrer,Rnpo++?rrtrnot listed at address. (] PetitionerrRespondent not kno%,n at address as per _ ( ] Petitioner/Respondent mosed, fonkarding address [ ] unkno%?n. [ ] Petitioner(Respondent is incarcerated. Name of facility (J unkno?kn [) Petitioner/Respondent is deceased. [ ) Petitionery'Respondent has re!atises li%ing at address, but dues not reiid. there. Cope of process left with for information purpose- [ J .address is a sacant lot/house apartment. (j Address does not exist./ (j Address has multiple units, apartment number needed. ( j Apartment number does not exist, petitioner/respondent not listed or kno%,r.. ( ] Emplo) er out of business [ ] Employer has no record of petitionerfrespondent N%orking there. [ j Employer states petitioner/respondent resigned;retiredJssas terminated [ J Emplo) er's addrss does not exist. [ ] Employer could not serify petitionerjresponden.t's emp!o)ment. More information needed. [ ] Employer would not reveal schether or not the petitioner/respondent was on the payroll. [ j No response from knocking or doorbell after ( ) attempts [) Other: DATED this2 2- do% of U?IfJ! CITY OFNEW YORK SHERIFF0 =IWI BY: DEPUTY SHEtI SHIELD K '}? ' T7 l? f=.. ? ? ? „n , , ? C ?''? -rJyr' 'J t? \ ?F?:. r: 'r =?'7c C/?" ? ? 1 J _-aJ ? ` `? ' ? !? u^l SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2004-05904 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DICKINSON COLLEGE VS COTTON BRANDON T R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: COTTON BRANDON T but was unable to locate Him in his bailiwick. He therefore deputized the sheriff of WESTMORELAND serve the within COMPLAINT Sc NOTICE County, Pennsylvania, to On September 13th , 2005 , this office was in receipt of the attached return from WESTMORELAND Sheriff's Costs: Docketing 18.00 Out of County 9.00 Surcharge 10.00 Dep Westmoreland 48.37 Posteag .74 86.11 09/13/2005 MDW&O So anq< s : Sworn and subscribed to before me this day of "0 t4YLO,,? C3 A.D. ???1llY Proth otar f of Cumberland County In The Court of Common Pleas of Cumberland County, Pennsylvania DICKINSON COLLEVS WAN ?. 50,N e- BRANDON T. COTTON SCAN BG?j Ffr_e `:r? t q? No. 2004-9904 Civil Now, 8/5/05 I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of We a i-mor P 1 a nd County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA Affidavit of Service Now, within upon at by handing to a and made known to So answers, the contents thereof. (iLL '4Z?,,) L-21,17," a . Sheriff of County, PA Sworn ands bscribe before me this ay of 200c? 120 , at ?'- /I.O? ?? -/fUf- o'clock l; 00(Ft,-? fi sr> - .r-6 M^^ . served the A-f to<- 1?- ?. r FJ e c ?7'u n /V1 o v e .?1/ copy of the original COSTS ?b'• 37 (ae 76. &"3 SERVICE $ MILEAGE AFFIDAVIT Nnta?a? Seal $ '??aiary Public N no <.i^d Courm er ?n +- 06c. 19,2005 F IFILESDATAFILE%DickinsonColle e7619AColleaionsVCurten11284A284.pre4 C,cWced. 3/1105 955AM Revisal 11/2/05 4.22PM 7619C.284 Christopher E. Rice, Esquire I.D. 90916 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. 04-5904 CIVIL ACTION-LAW BRANDON T. COTTON, Defendant JURY TRIAL OF TWELVE DEMANDED PRAECIPE Please reinstate the Complaint against Brandon T. Cotton, 1058 Edgewood Road, New Kensington, PA 15068, in the above-captioned action and return same to the undersigned for service. MARTSON DEARDORFF WILLIAMS & OTTO By c l_"~ 4--e- .? /Z._ Christopher E, Rice, Esquire Ten East High Street Carlisle, PA 17013 (717) 243-3341 Date: November 2, 2005 Attorneys for Plaintiff 1 , 1 CIO < W u1 SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2004-05904 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DICKINSON COLLEGE VS COTTON BRANDON T R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT to wit: COTTON BRANDON T but was unable to locate Him in his bailiwick. He therefore deputized the sheriff of WESTMORELAND County, Pennsylvania, to serve the within COMPLAINT & NOTICE On December 13th , 2005 , this office was in receipt of the attached return from WESTMORELAND Sheriff's Costs: Docketing 18.00 Out of County 9.00 Surcharge 10.00 Dep Westmoreland 52.69 Postage 1.11 90.80 12/13/2005 MDW&O Sworn and subscribed to before me this jT}1 day of Er? _eA ; So answers: R' Thomas Kline Sheriff of Cumberland County -cf- A.D. l P notary s In The Court of Common Pleas orCumberland County, Pennsylvania Dickinson College n vs. gcpN Brandon Cotton No. 04-5904 civil Now, November 14, 2005 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Westmoreland County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. o Sheriff of Cumberland County, PA (NaW Affidavit oVService Now, / / -?? --d T 20_9r at ( o'clock M. served the within h ?°J 1!14y'-C_/cell 1? cciic.o? upon Cj Cl d' c`' 4 o k fo at M A( A C &Q e- _ by handing to COO On P / ' I a copy of the origi nal and made known to Sworn and subscribed before me this day of, ',/ , 20? the contents thereof. So answers, ij 4 _ u?d? ?cr????? ?l as-os Sheriff of County, PA COSTS a 62 _? ! aa•3_ SERVICE MILEAGE _ AFFIDAVIT F: TILES\DATAFILE\DickinsonCollege76l 91Collections\Current\284\284. pray Created: 3/1/05 9:55AM Revised: 1/3/07 9:22AM 7619C, 284 Christopher E. Rice, Esquire I.D. 90916 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. 04-5904 CIVIL ACTION-LAW BRANDON T. COTTON, Defendant JURY TRIAL OF TWELVE DEMANDED PRAECIPE Please reinstate the Complaint against Brandon T. Cotton, 450 Myrtle Avenue, Brooklyn, NY 11205 in the above-captioned action and return same to the undersigned for service. MARTSON DEARDORFF WILLIAMS & OTTO By (?,Z 4'z_ S Ae, Christopher E. Rice, Esquire Ten East High Street Carlisle, PA 17013 (717) 243-3341 Date: /, 3. 07 Attorneys for Plaintiff L°-=' ? ?) ?'? a `•n-i ,--? _ ?- _, t c.?? _?-. , ,, s'- m - s? ....'- ..?. .,. F: \FILES\Clients\DkkinsonCollege7619\Collections\Current\284\284.pra5 Created: 3/1105 9:55AM Revised: 3!3!08 0:12PM 76I9C.284 Christopher E. Rice, Esquire I.D. 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. 04-5904 CIVIL ACTION-LAW BRANDON T. COTTON, Defendant JURY TRIAL OF TWELVE DEMANDED PRAECIPE Please reinstate the Complaint against Brandon T. Cotton, 450 Myrtle Avenue, Brooklyn, NY 11205 in the above-captioned action and return same to the undersigned for service. MARTSON LAW OFFICES By C ' -ft, 49-7 Christopher E. Rice, Esquire Ten East High Street Carlisle, PA 17013 (717) 243-3341 Date: 3 - 3 -016 Attorneys for Plaintiff k .k r *-,:) ,C'rJ r .? 1 fAF1LES\C1iaas\7619 Dickinson Colkge\Collections\Cunnent\284\284.pra5 Christopher E. Rice, Esquire ti;:* ? :z rrt I.D. 90916 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER -- MARTSON LAW OFFICES r ` Ten East High Street Carlisle, PA 17013 r (717) 243-3341 Attorneys for Plaintiff DICKINSON COLLEGE, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 04-5904 CIVIL ACTION-LAW BRANDON T. COTTON, Defendant JURY TRIAL OF TWELVE DEMANDED PRAECIPE To the Prothonotary: Please mark the judgment in the above-referenced matter satisfied and the action discontinued with prejudice. MARTSON LAW OFFICES By- 0"? S 4 Christopher E. Rice, Esquire Ten East High Street Carlisle, PA 17013 (717) 243-3341 Date: /- /O - It Attorneys for Plaintiff CERTIFICATE OF SERVICE I, Mary M. Price, an authorized agent of MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER, hereby certify that a copy of the foregoing Praecipe was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Brandon Cotton 450 Myrtle Avenue, Apt. 4 Brooklyn, NY 11205 MARTSON LAW OFFICES By A. 2 ?1, ag:, M Price Ten 89t High Street Carlisle, PA 17013 (717) 243-3341 Dated: / /0/lf In maldng this communication, we are advising you this firm is attempting to collect a debt for Dicldnson College. Any information gained from this communication will be used for that purpose.