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Home My WebLink About04-5905 ~ F \FILES\DA T AFILE\DickinsonCoUege7619\Collections\Current\280-comJ wpd Created: 4/28/03 1.54.03 PM Revised: 11/23/040: 12.46 PM 7619c 280 David R. Galloway, Esquire MARTSON DEARDORFF WILLIAMS & OTTO Ten East High Street Carlisle, P A 17013 (717) 243-3341 Attorneys for Plaintiff v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.04- .SCJ 6 .s/ ~ 1Lv-- DICKINSON COLLEGE, Plaintiff CNIL ACTION-LAW DAVID E. BACLASKI, 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 Dated: November 23,2004 By David R. Galloway, Esquire 1. D. Number 87326 Ten East High Street Carlisle, P A 17013 (717) 243-3341 Attorneys for Plaintiff F IFILESIDA T AFILEIDickinsonCollege7619lCollectionslCurrent\280-coml wpd Created: 11/23/04 0:09PM Revised 11/23/04 0: 12PM 7619C 280 David R. Galloway, Esquire MARTSON DEARDORFF WILLIAMS & OTTO Ten East High Street Carlisle, P A 17013 (717) 243-3341 Attorneys for Plaintiff v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04- j(j{)<{ ~ I~ CIVIL ACTION-LAW DICKINSON COLLEGE, Plaintiff DAVID E. BACLASKl, 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 David E. Bac1aski is an adult individual with a last known address of218 West Genesee Street #2, Syracuse, NY 13202-1081. 3. On or about August 31, 1990, 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 Plaintiffs institution. A copy of Note #1 is attached hereto as Exhibit "A." 4. Note # 1 is funds created under Part E of Title IV ofthe 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 August 24, 2004, the principal and interest due and payable by Defendant to Plaintiff was $2,230.45, plus interest accruing thereafter at $.22 per day. 9. As of August 24,2004, the outstanding balance of$2,230.45 represents the total and actual overdue value ofthe financing provided to Defendant under Note #1 for which Defendant has yet to pay. 10. Plaintiffhas 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$2,230.45, plus interest accruing at $.22 per day from August 24,2004, collection and attorneys' fees in the amount of $500.00 and costs of suit. COUNT II IN QUANTUM MERUIT 13. Plaintiff hereby incorporates by reference the averments contained in Paragraphs 1 through 12 of this Complaint. 14. Having requested Plaintiffto 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 $2,230.45, plus interest in the amount of $.22 per day from August 24, 2004. WHEREFORE, Plaintiff demands judgment against Defendant in the amount of$2,230.45, plus interest in the amount of $.223 per day from August 24, 2004, collection and attorneys' fees in the amount of $500.00 and costs of suit. F WILLIAMS & OTTO Date: November 23, 2004 By David R. Gal oway J.D. Number 87326 Ten East High Street Carlisle, P A 17013-3093 \ (717) 243-3341 Attorneys for Plaintiff ) ,., Tel: 717-245-1383 PROMISSORY NOTE - PERKINS LOAN PROGRAM [Any bracketed clause or !'araaraph ma'{ be included at option of institution.j - I, David t. lSaclaSKl promise to pay to Dickinson Collegp (hereinafter called the. Lending Institution) located at r.;!r 1 i c; 1 p Ppnn<;yl y;!ni (l the sum of the amounts that are advanced to me and en- dorsed in the Schedule 01 Advances aet forth below. I promise to pay all attorney's fees and other reasonable collec:ion costs and charges necessary for th. coll.ction of any amount not paid when due. I'urther understant! and agree that: I. GENERAL (1) Aeolleable Lew AlI.ume edvaneed under this note are drawn Irom a fund created under Part E of Title Nof the Higher Education I>&t 011965, as amended, hereinafter called the I>&t, and are subject to the Act and the Federal Regulations issued under the Act. The terms 01 this not. shall be interpreted in accordance with the Act and Federal Regulations, copies of which are to be kept by the Lending Institution. (2) procedures lor ReceivlnQ Deferment or Cancellation I understand that in order to receive a deferment or cancellation, I must request the deferment or can- cellation in writing Irom the Lending Institution, and must submit to the Lending Institution any documentation required by the Lending Institution to prove that I qualify for the deferment or cancellation. I further understand that if I am eligible lor delerment or cancellation under Articles VI through XI, I am responsible for submitting the appropriate requests on time. I further understand that I may lose my deferment and cancellation benefits if I fail to liIe my request on time. II. INTEREST Inlere.t shall accrue from the beginning of the repayment period and. shall be at the ANNUAl PERCENT AGE RATE OF FNE PERCENT (5%) on the unpaid balance, except thaI no Inlere.lehallaoorue durin; any deferment period described In paragraph VI(t). III, REPAYMENT (t) I promise to repay the principal and tha interest which accrues on it to the Lending Institution over a period beginning 9 months after the date I cease to be at least a half-time student at an Institution of higher education, or al a comparabla institution outside the Uniled Slates approved for this purpose by the United States Secretary of Education (hereinafter called the Secretary), and ending 10 years later, unless that period is shortened under paragraph 11I(5), or ex- tended under paragraphs fIl(4),lII(7) (extensions), or VI(l) (deferments). . (2) Upon my written request, the lepayment period may start on a date earlier than \he one Indicated in paragraph m(t). (3) (A) I promise to repay the principal and interest over the course 01 the repayment period in equal monthly, bimonthly Of quarterly installments, as deter- mined by the Lending Institution. I understand \hat II my monthly payment lor all the loans made to me by the Lending Institution Is not a multiple 01 $5, the Lending Institution may rOl/nd Ihat paymenllo thl next highest dollar amount that Is . multiple cf $5. (9) Notwllh.tandlng paragreph 1ll(3)(A), upon my written request, repayment may be made In graduated installments In accordance with a schedule approved by the Secretary. . (e) Tha Lending Inetltutlon .hall attach the lIOhedule of repaymen18 end the achedule will become part 01 the nota, (4) Notwithstanding paragraph IlI(t).1f I qualify as a low-lncome Individual during the repayment pariod, the Lending Institution, upon my written request, may extend the repayment period for up to an additional 10 years, and may adjust any repayment schedule to reflect my income. ((5)(A) If the monthly rate that would be established under paragraph 11I(1), or the total monthly repayment rate of principal and inleresl on all my Perkins Loans Including this loan, Is less than $30 per month, I shall repay the principal and Interest on this loan at the rate 01 $30 per month (which Includes both prin- cipal and Interest). (5) (B) III have received Perkins loans Irom othar institutions and the total monlhly repaymant rate on those loans is less than $30. the $30 monthly payment established under lubparagraph 1II(5)(A) includes the amounts I owe on all my outstanding Perkins Loans inQluding thOIl rloeived from other Inltitutlonl. The amount oflhll $30 monthly payment that will be appli.d 10 Ihls loan will be the difference between $30 and the total of the amounts owed at a monthly rate on my other Perklne toane. (6) The Lending Inetltulion may permit me to pay.... than Ihe rale of $30 per month for a period of not more then one year where na"".sary 10 avoid hardehlp 10 me unleaa that aotlon would e",end \he rapayment parlod In paragraph 11I(1).] (7) The Lending Institution may, upon my written request. reduce any scheduled repayments 0( extend the repayment period indicated In paragraph III(t), il, In Its opinion, extraordinary circumstances such as prolonged illness or unemployment, prevent me from making the schedulad repayments. However, inter- est shall confinua to accrue. IV. PREPAYMENT (I) I may, at my option and without penalty, prepay all or any part 01 the principal, plus the accrued interest thaleon. at any time. (2) Amounts I repay In the academic year in which the loan was made will be used to reduce tha amounl of the loan and will not be considered a prepaymenl. (3) If I repay more than the amount due lor any Installment, the excess will be \lsed 10 prepay principal unltls I deslgnalell as an advaoce payment of the next regular Installment. V. DEFAULT (I) The Lending Inetitution may, at I~ option, declare my loan to be In default and may damand Immediate payment of the entire unpaid balance of Ihe loen, Including principal. Interoat, lata chargee and collection co.~ if- (A) I do not make a scheduled paym~nt when due under the repayment schedula established by the Lending Institution. and (B) I do not submit to the Lending InstiMion on or before the date on which payment Is dua, documentation thaI I qualify for a delerment or cancellation described in Articles VI, Vlf, VIII, IX. X. or Xl 01 this agreement. (2) , understand that II I delault on my loan. the Lending Institution may disclose that I have defeulted, along with other relevant information, to aedit bureau organizations. (3) Further, I undersland that If I dalault on my loan and the loan is translerred to the Secretary lor colleclion, the $ecretary ma.y diSQlgl8thatl have d'faulted, . along with other relevantlnlormatlon, 10 Cfedit burlau organllltlona, (4) I undersland that aller Ihe Lending Institution accelerata. tha ioan undar paragraph V(t), I will then lo.e my right 10 deler repaymants due al\er the date the Lending institution accelerate. the loan. (5) I underatend that aftar the Lending Institution acceleratea the loan undar paragraph V(1), I will then 10le my right to receive a cancellation 01 a portion of my loan for any tellOhlng. volunteer Of military ..Nice deacribed In Mieles VII, VIII and 1)(, performed after the date the Lending Institution accelerated the loan. (6) I undel1ltBnd thet failure to pay this obligation under the terms agreed upon will prevent my obtaining additional sludentlinancial aid authorized under Title Not the Higher Education Act of t965, as amended, until I have made arrangements which are satisfactory to the Lending Institution or the Secretary regarding the repayment of the loan, VI. DEFERMENT 11) I understand that upon making a properly documented written request to the lending Institution, I may defer making scheduled installment payments, and NiII not be liable lor any Interest that might otherwise accrue, during the lollowing periods: (AI While I am enrolled and In attendance as Illeast a half.lime sludent alan inslllution of hlgh.r .ducation or at a comparabla Institution outside the Jnlted Stal., approved for this purpose by the Secretary; (B) For a period of fhree (3) years during which J am - Q) On full-time ective duty as a member of tha Armed Forces of the United States (Army, Navy, Air Force, Marine Corpa. or Coast Guard) or the lational Oceanic and Atmospheric Adminis\fation Corps, or as an officer on lull-time active duty In the Commissioned Colps of the Unitad States Public lealth Service. Qi) In aervlce as a volunteer under the Peace Corps Act, Qii) A volunteer under the Domestic Volunteer Service Act of t973 (ACTION programs), Qv) A full-time volunteer In a tax-exempt organization performing aeNice comparable to the aeNice parlormed in the Peace Corps or under the omestic Volunteer Service Act 011973, or (v) Temporarily totally disabled as established by an affidavit 01 a qualified physician, or unable to $tcure employment btcau.. lam providing car. qulred by a dependent who Is 80 disabled; Ie) For a periOd not In exce.. of two (2) year. _ Q) Alter IrecelVll a baccalaureate or prolessional degree during which time I am aarvlng in en Internship which I. required in order that I mey receive ofessionalrecognltlon required 10 begin my professional practice or service. or (Ill serving in an internship or residency program teading to a degree or certiflcate awarded by an inslllution of higher education, a hospital or a health re facility that offers poatgraduete training; (0) For a period not In excess of one (1) year during which. III am a mother of preschool age children, I have enfered or reenlered the work lorce, and am ing paid at a rate which does not exceed $1.00 above the minimum hourly wage established by section 6 01 the Fair Labor Standards Act 011938; (E) For a period not in excess 01 six months - Q) That follows by ~ix months or less 01 a period during which I was enrolled as at leasl a hall-time student at an eligible institution; and (Ii) Duling Ich I am pregnant, caring lor my newborn baby. or caring lor a child Immediately after he or she was placed with me through adoption and I am neither .ndlng an eligible institution of higher education nor gainfully employed; and (F) During a six (6) month period immediately lollowing the expiration of any deferment provided In paragraphs VI(t)(Al through VI(l)(E). The lending Institution may, upon my written request, defer my scheduled repayments if it determines that tha deferment is necessary to avoid a flnancial dshlp lor me. Interast, however, will continue to accrue. . VII. CANCELLATION FOR TEACHING I understand that upon making a properly documented written request to the Lending Institution, I am entitled to have up to 100 percent of the amount 01 loan plus the Interest thereon cancelled ill perform service - EXHIBIT "A" jA) As a lull t,me teacher in a public or other nonprofit elementary or secondary school ...t\;cI1 is in the school district of a local educational agency which is eligibl. in such year of service for funds under Chapter I of the Education ConsolidAtion and Improvement Act 01198t, as amended, and which has been designated by the Secretary (after consultation with each State Department of Educalooo) in accordance with the provisions 01 section 465(a)(2) of the Act as A.school with a high concentration of students from low.income families. M official Clrectory 01 designated low.income schools is published annually by the Secretary. , (8) As a lull.time teacher of handicapped children Qncluding those who are mentally retarded, hard 01 hearing, deal, speech and language Impaired, visually handicapped, seriously emotionally disturbed, orthopedically impaired, have specifIC learning disabilities, or otherwise health.lmpaired cI1i1dren, who by reason thereof require special education and related services) in a public or other nonprofit elementary or secondary school syslem. (2) This loan will be cancelled lor each completed year of teacl1ing service at the following rates: (A) 15 percent 01 the total principal amount of the loan plus Interest on the unpaid bal~ will be cancelled lor the first and second complete academic years of that teaching service, (8) 20 percent 01 the total principal amount plus interest on the unpaid balance for the third and lourth complete academic years 01 that teaching service, and (C) 30 percent of the lotal principal amount plus interest on the unpaid balance lor the fif:.'l complete academic year ollhat teaching service. VIII. HEAD START CANCEllATION (1) I understand that upon making a properly documentad written request to the Lending Institution, I am entitled to have up to 100 percent of the amount 01 this loan plus the interest thereon cancelled il I perform service as a lull.tima staff member in a Head Start program It . (A) That Head Start program is oparated for a pariod which Is comparable to a IuD school year In the locality, and (8) My salary is not more than the salary of a comparable employee of the local educational agency. (2) This loan will be cancelled at the rate of 15 percent 01 the total principal amount plus intwest on the unpaid balance tor each complete school year or the equivalent of service in a Head Start program. (3) Head Start is a preschool program carried out under the Head Start Act IX. MILITARY CANCELLA.TION (1) I understand thet upon making a properly documented written request to the Lending Institution, I am entitled to have up to 50 percent of tha principal amount of this loan plus the Interest thereon cancelled 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 3fO of Title 37 of the United States Code. (2) This loan will be cancelled at the rate of f2 f/2 percent of the total princlpal amount plus interest on the unpaid balance for each complate year of such SIlr. vice. X. PEACE CORPS CANCEUATION (1) I understand that upon making e properly documented written request to the lending institution, I am entitled to have up to 70 percent 01 the amount 01 this loan plus the Interest thereon canealled if I perform aarviea- (A) As a volunteer under the Peace Corps Act; or (B) As a volunteer under the Domestic Volunteer Service Act of 1973. (2) This loan will be cancelled at the fallowing rates: (A) 15 percent of the total principal amount of the loan plua interest on the unpaid balance will be cancellad for the first and second twelve-month period 01 volunteer service completad; (B) 20 percent of the total principal amount of the loan plus interest on the unpaid balance will be cancelled for the third and fourth twelve.month period 01 volunteer service completed. XI. DEATH AND DISABILITY CANCEllATION (I) In the event of my death. the lotal amount owed on this loan will be cancelled. (2) It I become totally end permanently disabled aftar I receive this loan, the Lending Inatitution will cancel the total amount of this loan. XII. CHANGE IN NAME, ADDRESS, TELEPHONE NUMBER AND SOCIAL SECURITY NUMBER I am responsible, and any endolS4lrls responsible, for informing the Lending Institutioo of &rri cI1ange or changes in name, address, telephone number or so- cial security numbar, XIII. LA.TE CHARGE (f) The Lending Institution may impose a late charge 11- (A) I do not make a scheduled payment whan It is due, and IS)' I do not submit to thl Landing Institution On or before the date on whlcl1 payment Is due, documentation that I qualify for a delerment or cancellation deserlbed In Articles VI, VII, VIti, IX. X. and Xl of this agreement. (2) No charge may exceed twenty (20) percent of my monthly, bimonthly or quarterly payment. (3) (A) The Lending institution may- ~) Add the late charge to the principal the day after the scl1eduled repayment was due; or Qi) Include it with the next scheduled repayment after I have received notice of the late cI1arga. (8) If the Lending InstilUlion elects to add the assessed cI1arge to lhe outstanding principal of the loan, it must so Inlorm me before the due date 01 the next installment. XIV. ASSIGNMENT (f) This note may be assigned by the Lending Institution only to- (A) The United States; (B) Another institution upon my transler to that institution if that institution Is participating in this program; or (e) Another institution approved by the Secretary. . (2} The provisions 01 this note that relate to the Lending Institution shall, where appropriate, relate to an assignee. XV. PRIOR LOANS I hereby cartity that I have listed below all of the Perkine Loans t have obtained at other institutions. (If no prior loans have been received, atate .None..) SCHEDULE OF PERKINS LOANS AT OTHER INSTITUTIONS AMOUNT DATE INSTITUTION 1. 2. 3. 4. XVI. SCHEDULE OF ADVANCES The lollowing amounts were advanced to me under this loan agreement on the dates indicated: AMOUNT DATE "-..' , ~IGNA:r~RE-o€ i!~AAQ~R._ '-. 1. $1 ~OOO..oO 8/lP-/90 '. '~.....~ -l- ~~"\--.;....:",'-~ ~,,,-,- 2. $1~OOO.OO 1/22/91,~~,-,-,~~~:,>-:::c~\s,-_ 3. .1. NOTICE TO BORROWER: DO NOT SIGN THIS NOTE BEFORE YOU READ IT. THE LENDING INSTITUTION MUST SUPPLY A COPY OF THIS NOTE TO YOU'~,? ANY ~G~ER. @i!n()~i"i~~d~asealedlnstrument.l ~ <). , , SIgnature -', ""\..."-''-:';,' '_ -.:- _" "-.,,_..~.' _. [(seallJDate'.J\..,,\';;.\.. 19\ (::,. Permenent Address (Street or Box Number, City, State, and Zip CodeM';":,, ,~\...~, ~~ ~~ L .S", 'l\...~ \.~~~ ~~ "':-::; "::"S:'<{ Social Security Number (borrower must provide) I...)~~'-. " '" . -, -~\...""':",- . \ The borrower and lending institution shall execute this note without security and without endorsement unless the borrower la a minor and this note would not, under the law of the State In which the Lending Institution is located, create a binding obligation. If the borrower Is a minor and this note would not therefore, be legally binding, the Lending institution shall require a cosigner to this nOle: I agree to repay all amounts due on this loan if the borrowerlails to do ao In accordance with the terms of the note. Signature Of Cosigner [(seal)) Date 19_, Permanent Address (Street or Box Number, City, State, Zip Code} (20 U.S.C. f087dd) Format by the National Association of Student Financial Aid Administrators, 5/88. 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. 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\DA T AFILEIDickinsonCollege7619\Collections\Current\280-com l.wpd 8 ~ ~ c::::. ~ ..".. ..r:- 's.. -:g (~tr ;.;z: 5:! n.,po c::> , J; i:J':J m~ fD Fi J1 -.;:: ~ U:J .1:' '" ~6 ,:5 '. . ~ ~ .- - :i> _. ;:&::loo. :r:'" "! ._~ ( . ::Il.': -iJ -..() "". --:; ~;!o '0\ .:sC, orn -....\ LI\ c <;:p 2: -..., ....:J ""'" f\ =< p ::0 ~ ~ CO -< - ~ f:\FJLESIDA T AFILEIOickillSonColkge7619\ColleClionsICuITClllI280\280pral/ajl Created Ji]8i05208PM Revised 3/18/05437PM 7619C280 David R. Galloway, Esquire MARTSON DEARDORFF WILLIAMS & OTTO Ten East High Street Carlisle, PAl 7013 (7 I 7) 243-334 I Attorneys for Plaintiff DICKINSON COLLEGE, Plaintiff IN THE COURT OF COMMON PLi AS OF CUMBERLAND COUNTY, PENN, YL VANIA v. NO. 04-5905 CIVIL ACTION-LAW DAVID E. BACLASKI, Defendant. JURY TRIAL OF TWELVE DEMA DED PRAECIPE M<Y"- Please reinstate the 411 1. t.!. Complaint against David E. Baclaski, 7 p~ plar Street, Burlington, VT 05401-5129, in the above-captioned action and return same to the un rsigned for servIce. Respectfully Submitted, By David R. Galloway, 1. D. Number 87326 Ten East High Street Carlisle, P A 17013 (717) 243-3341 Date: May 21, 2005 Attorneys for Plaintiff & OTTO II C> ;; -o6~; Q'ln, 2~." (/; . ~;- ~2c", ~":'" ,'-- ~~(< J>C ::~. =< ----------- (---- "<< ~ = = a' '3!. ~ N N ""0 :J:: r:--: r ~ :r-n ~g8 ~~ ~~;''7,n., ~:~ )> ,J:! ,-<: - .. Fi IF! LES\DA TAFILE\Did:iru;ooCoJlege 76 \ 9\Collections\Current\280Ipra2 dreated 9120/04006PM ~evised, 4/27/05 4:32PM 7~19C280 , I I ~aVid R. Galloway, Esquire ARTSON DEARDORFF WILLIAMS & OTTO o East High Street Carlisle, PA 17013 (717) 243-3341 ,l\ttomeys for Plaintiff bICKINSON COLLEGE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 04-5905 , PA VID E. BACLASKI, Defendant. CIVIL ACTION-LAW JURY TRIAL OF TWELVE DEMANDED PRAECIPE TO DOCUMENT SERVICE PURSUANT TO THE PENNSYLVANIA LONG ARM STATUTE ~O THE PROTHONOTARY: Please see attached Affidavit of Service showing the Chittenden County Sheriffs Office iserved Defendant with the Complaint on AprilS, 2005, at 7 Poplar Street, Burlington, VT 05401- 15129. By David R. Galloway, I.D. No. 87326 10 E. High Street Carlisle, P A 17013-3093 (717) 243-3341 F WILLIAMS & OTTO Date: April 28, 2005 Attorneys for Plaintiff . ! F\FJLES\D;\ T AFILEIDickinsonCo]]ege7619\Collections\CuJTcrlt\2H0\280_am!ajl \ Created: J/18/05 2118.PM ,Rev\sed: 3/18/05 257PM '76]9C.Z80 ~avid R. Galloway, Esquire MARTSON DEARDORFF WILLIAMS & OTTO en East High Street f:;arlisle, PA 17013 (717) 243-3341 V\.ttomeys for Plaintiff , , bICKINSON COLLEGE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 04-5905 CIVIL ACTION-LAW ~A VlD E. BACLASKI, Defendant. JURY TRIAL OF TWELVE DEMANDED AFFIDAVIT OF SERVICE SGT D/l.NIEL G/l.MELlN , T, OEPUTY SHERiff ' being duly sworn according to law, depose and state that I am ~t least eighteen (I 8) years of age and that an original and/or certifie.d copy ofthe attached Co~rlaint ~as served on Defendant David E. BacJaski by personal service tell 0 Ilv , J f3 ~Md'ress ~f7 Po PI A-r 5r /~' on the ~ day of !lI3 ( ,/ _ , 200~ i Bu Ie ,.-11 J'IIJ tJ r 1 j Chittenden County Sheriff P.O. Box 1426 Burlington, VT 0572 ! // ..-----, // .// /< 1 ~ '~ / ./ .--..-- S~om to and subscri~d before me thrs 'I day of llpcvL , ,2005. ~ Qt~UA '-' N tary Public ,,'t CJ) CLrv ) U . CERTIFICATE OF SERVICE I, Jean Taylor, an authorized agent of Marts on Deardorff Williams & Otto, hereby certify that a copy of the foregoing Praecipe was served this date by depositing same in the Post Office at <(:arlisle, P A, first class mail, postage prepaid, addressed as follows: Mr. David Baclaski 7 Poplar Street Burlington, VT 05401-5129 MARTSON D:~IAMS & OTTO By L Jean ylor Ten. st High Street Carlisle, P A 17013 (717) 243-3341 qated: April 28, 2005 ------ r-> = = cf' :p -0 7.J "" c> ?~-~ -.:; -0 ::.I' ~ _-4 X:'J me::: --nUl -~;JY .'..-..,... '~':J~; --l_~\4, (}("~ {'-in o .-, ",. ;';"J :...-.:: - N 1'-> - David R. Galloway, Esquire MARTSON DEARDORFF WILLIAMS & OTTO Ten 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. 04-5905 CIVIL ACTION-LAW DAVID E. BACLASKI, Defendant. JURY TRIAL OF TWELVE DEMANDED TO: DAVID E. BACLASKl, DEFENDANT NOTICE OF ENTRY OF DEFAULT JUDGMENT You are hereby notified that on-... )(' -' )€ _-in , 2005, the following Judgment was entered against you in the above-captioned case as follows: Principal plus interest through August 24, 2004: Interest from August 24, 2004 through June 30, 2005: Attorneys' fees: Total Judgment: $ 2,230.45 $ 68.20 $ 500.00 $ 2,798.65 Costs of suit and interest accruing at $0.22 per day from June 30, 2005, shall be added to the Judgment for Defendant's failure to file an swer to the Complaint. Prothonotary ~ I hereby certify that the name and address of the proper person to Pa. R. Civ. P. 236 is: Mr. David E. Baclaski 7 Poplar St. Burlington, VT 05401-5129 M F WILLIAMS & OTTO Date: June 30, 2005 By Davi R. Galloway Attorneys for Plaintiff F:IFlLES\DATAFlLE\DiCkinsonCollege7619ICollectionsICurrentI280\pra3 '.Crealed: 6/30105 8:29AM Revised 6/301059:41AM 7619C280 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. 04-5905 CIVIL ACTION-LAW DAVID E. BACLASKl, Defendant. JURY TRIAL OF TWELVE DEMANDED PRAECIPE TO THE PROTHONOTARY: Enter default judgment in the above-captioned action in favor of Plaintiff and against Defendant as follows: Principal plus interest through August 24, 2004: Interest from August 24,2004 through June 30, 2005: Attorneys' fees: $ 2,230.45 $ 68.20 $ 500.00 Total Judgment: $ 2,798.65 Costs of suit and interest accruing at $0.22 per day from June 30, 2005, shall be added to the Judgment for Defendant's failure to file an Answer to the Complaint. I do hereby certify that a written notice of intention to file this Praecipe (in the form attached hereto) was mailed to Defendant at his last known address on June 8, 2005, which date was subsequent to the date default occurred and at least ten (10) days prior to the date of the Praecipe. By Davi . Gallo ay, qUlr Ten East High Street Carlisle, P A 17013 (717) 243-3341 Attorneys for Plaintiff Dated: June 30, 2005 ~ (~-:d) '''19 !~ F\FILES\DAT AFILE\DickinsonCollege761'l\ColleCI;oI1SIClIll"cnt\280\ 1 Odaynot .c~eated: 617/05 4:25PM Revised 617105427PM 7619C280 David R. Galloway, Esquire MARTSON DEARDORFF WILLIAMS & OTTO Ten East High Street Carlisle, P A 17013 (717) 243-3341 Attorneys for Plaintiff DICKlNSON COLLEGE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 04-5905 CNIL ACTION-LAW DAVID E. BACLASKl, Defendant. JURY TRIAL OF TWELVE DEMANDED TO: DAVID E. BACLASKI IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOu. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LA WYER 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 AGENCmS THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 Telephone:(717) 249-3166 Date: June 8, 2005 MAR, TSO,N-,' A)<gD (/ , f (( By "J'" -. David R. Galloway, Esquire LD. 87326 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff 0", rr of mdln:\y m.B .dd""'d;O 2 ' , _t.!',1It Ij A v I, D [ ~ )l)Cc4;S K I if} Po P L kit oJTR tl,:r OUfZli"l (.'j ON V; 05LfL9/- st;(l Affix tee here in stamps or meter postage and post mark. Inquire of Postmas~er for clltrenf r fee. ,I . "" I I ; .,;' \ u", ' '\ I ,It: ' I' \:.r'.' c' , t, ~ , }~'.:. ~:'~'l' ~'J .....''....-It.;l\hlO:...',~,f ~ ~ "e'J I" 1 "" "lo .. "" ~ " ;.. f' ,i<:'6"''''':'-~:1:,~ t",! ~ c;..'l'ir;.i.~.:i'~\) -~ Ir ' .,,_..,," . .~!..,,<'~j1'~.... .".~: ;:;:'.\ o..r: ~:.i'~. 'Ji..... ~ <- ~':~: :;~:.t;:;;.;1;t "'\;,t r~--'iii--1~f: \~\ ~ l~l,i (i1' ...0 II ~l r", ! ". I _.,,-" Ii' if.,;':', I I ro' 'I-\. L::.:..." ____ "I .......:4'r.......;;j~..;.It;.r* PS Form 3817, Mar. 1989 CERTIFICATE OF SERVICE I, Jean Taylor, an authorized agent of MARTS ON DEARDORFF WILLIAMS & OTTO, hereby certify that a copy ofthe foregoing Praecipe was served this date by depositing same in the Post Office at Carlisle, P A, first class mail, postage prepaid, addressed as follows: Mr. David E. Baclaski 7 Poplar St. Burlington, VT 05401-5129 MARTSON DEARDORFF WILLIAMS & OTTO ~ By / Q'~ Jean Ten ast High Street Carlisle, P A 17013 (717) 243-3341 Dated: June 30, 2005 ~ fC) rJ ~ (") '" ...., It.. :--() c = ~ :;:-,. c-, l:t. en () ;T~ s::' <- ~:n ~ (Y ;:~. c: ..... z ~~ r Ii' ~~ w :om r;; = _06 j ~ 0 j; .- --0 :?T ~~ 1: ~~~ :z ,:.) ::d /U ~ 70 r:Y Om ..... :< -,.-< Er-' U1 ~ W -< ~