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Home My WebLink About04-5906 ~. F \FILESIDA T AFILEIDickinsonCollege761 9\CollectionsICurrent\282-com I. wpd Created: 4/28/03 I 54' 03 PM Revised 11/23/048 7,12 AM 7619c 282 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- 59 6 f.., 0.".ud - J ~ DICKINSON COLLEGE, Plaintiff CIVIL ACTION-LAW JAMES A. BURKE, 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, Esquir 1. D. Number 87326 Ten East High Street Carlisle, P A 17013 (717) 243-3341 Attorneys for Plaintiff <0 F:\FILESIDA T AFILEIDickinsonCollege7619lCollectionslCurrentl282-coml wpd Created 11/23/04 7. 56AM Revised 11/23/04 8 07 AM 7619C.282 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- .:.;' 9bi. CUJ CIVIL ACTION-LAW -- I L...- JAMES A. BURKE, 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 James A. Burke is an adult individual with a last known address of 134 Glenview Avenue, Wyncote, PA 19095-1308. 3. On or about December 15, 1982, Defendant entered into a Promissory Note - Federal Perkins Loan Program (Note #1) with Plaintiff for the financing of$I,500.00 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 #lis funds created under Part E of Title IV of the Higher Education Act of1965 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 $ 1,500.00. 7. Note #1 grants Plaintiffreasonable collection and attorney's fees which Plaintiffhas calculated to be $500.00. 8. As of August 24,2004, the principal and interest due and payable by Defendant to Plaintiff was $2,661.92, plus interest accruing thereafter at $.20 per day. 9. As of August 24, 2004, the outstanding balance of$2,661.92 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$2,661. 92, plus interest accruing at $.20 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 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 $2,661.92, plus interest in the amount of $.20 per day from August 24, 2004. WHEREFORE, Plaintiff demands judgment against Defendant in the amount of$2,661.92, plus interest in the amount of$.20 per day from August 24, 2004, collection and attorneys' fees in the amount of $500.00 and costs of suit. By David R. Galloway J.D. Number 87326 Ten East High Street Carlisle, P A 17013-3093 (717) 243-3341 Attorneys for Plaintiff Date: November 23,2004 DICKINSON COLLEGE CARLISLE, PENNSYLVANIA 17013 PROMISSORY NOTE NATIONAL DIRECT STUDENT LOAN PROGRAM 1 James A. Burke Dickinson College (hereinafter called the Lending Institution) located at Car" . advanced to me and endorsed in the Schedule of Advances set forth below. I ble collection cost.s and charges necessary for the collection of an)' amount. Uon uses a collection agency. which is subiect to the Fair Debt Collection Pta; not exceed 25% of the unpaid principal and interest. promise to pay to t .. . .' ,....,'.. , ... , .1 , . ,'.1. I' SCHEDULE OF ADVANCES YEAR TERM AMOUNT DATE YEAR TERM AMOUNT DATE SIGNATURE OF MAKER SIGNATURE OF MAKER F '83 S '84 f-- 15 a. ri><J~ il.--11.0./I.;'.<' '0 $750 iJ}> $750 n!I<' ~k ~v~><<:, 11 12 13 14 15 I. Signature 'J/..~"~Q,.~\. (L l~tL 'l{,C" '. Date' ,/;., IS ~ ___. 19 ~3 Perma..entaddre.. I 'jif (,k/v';',!!,,:, Awe' I LL'yj,-'\,( tt' . riA ) ICil.~i.,- (Stred or Box Numtler, City, State/and Zip C6de) SOCial Security Number ,J 0 '1 ~ (, (I - ,). i i: (! I furtht"r undehtand and agree LhkL: I. GENERAL \V65, l~el:ei~::t:c~d:a"fI~Cddt~enic:t,t~~dn:zt: sa:bj:':t~: ::~~'1~tf~~~ iheea~:d~jeR:&~a~:~s~~~e~Vu~~~~~l:~::' ~1.~Ct~~::: :fc:h~ note must be interpreted in accordance with the Ad Mud Federal Reculationlli, copies of which are to be kept by the Lendinc In. 5titution. . (2) I ut\d~rstand t.hat if I am eligiblk for ddNmt>nt or cancellatiun ullder Articles VI tluoURh IX. I am responsible for sub- miu.io~ the llPproprillte requests on tirn~. II. INTEREST Interest shall accrue from the beginnine of the repayment period and shaJl be at the ANNUAL PERCENTAGE RATE OF 2!...- iuterellit Oil the urlPajd bal1t1lce except that no illterest shall accrue during ,my deferment pl~riod described in subparagraphs VI (I) (A), (8). (C) and (D). III. REPAYMENT ~~~inn~:C6P~:nfh~V:~~ ';b:~::~P~e~~ \~)~ ~~o:~~ ~ohr~'~r~~\e!lu~~lir~lt -:: i~~~ii~ti~,::tort\~e~c~~:a~~~t. ~~e~t. :e~~ parable inst.itution outside the United States approved for this purpose by the United States Secretary of Education (hereinafter called the Secretary). an~ enliina. unless para&uphs III (4) or VI (1) (deferment) applies, 10 yea.rslater. (2) I may. however. fequBlit that the r~l>",ymetl' period lltart on an eulicl' date. ~ ::?arter\ypr~:r~ffm~~t~~~~Y d~~r:~e~Pb~ ih: L~~d~~t l~:~~utli~n~~~~e~~r~~i l~:a~:::r~:e ::~::'~~r. :~ual b-:~a~~YiD ,::;::re'X i:.~ stanments deteunincd in accordauce With ~chedules ilPP1'oved by the Secretary.1n either case, a sclJe~uJ4! 01 repayment maU be attached to .md made part of this note. (4) Notwithstanding par>>.eraph III (l)~ if 1 qualify as a low-ilu:ome individual durin& the rep~R\ent period. the Lendinf Insti. ~~hi~~~ ~~Yin~~::: ~~~~~: ext.end the repd.ym~nt period for up to an additional 10 yeant Ot a iust any repayment ache ute to ~~le~~Jt) e~~~~~O~:I~Yt~~e':~hi~alnt~dt~~e:~~':rbt~.~li:~~~~h:nda:: ,~:X:':~pf:\IT(i')t'i. (l::i~~~~i::t~~~l:'W~~:\:~ monthly repayment late of principlill and intenst on aU my National Direct and National Defen.., Loans, includinl this loan. is less than $30 per month. (50) tB) If] have received National Defense or National Direct Loans from other institutions and the total monthly r:fi&yment ~:~d~:W:~i~~:i't::l:~el~'J t~~i~~d t3:e~tL~~ ~~d i:~a:tU:~~d~~~ :~~C:r::~:~}11 p<:J A~)e:o~~eo~hteer \:~s~n 1 my out- i~J~C~the:fl~~i~gOr':~tWu~1g:iih~t a:~u:t e~~a::'li:~~n~ht;rr:~::;::::a~~e r~~l~~~~r:~~ rh~el~~et:~te~~=\ ~~~ ~eopa:~ sents the difference between $30 and the monthly ra.tes I must pay on my other National Defense and National Direct Loans. (6) A schedule of tepa~ment will be attached (.0 and made part af tb.ito note. (1) Th.e Lendina: Institution may permit me to pay le~ than the raLe of $30 per month fOI a period of not more than one year where necessary to avoid hardhs'p to me unless that action would extend the repayment period in puqlaph III (1). IV. PREPAYMENT (1) J may at my option and Without penaJty prepay aU or any part ot the principal. plus the accrued intet'e~t thereon, at any time. (2) Amounts: I r-epay in the academic year in wh.ich the loan was made will be used ta reduce the amount of the loan and wW not be considered a f'.-repayment.. (3) U I repay mon than the amount due for any insta.llment~ the excess will be used to prepay principal unless 1 desi,ltate it as an advance payment of the next. rClular installment. V. DEFAULT (1j If [ tail to make a scheduled repayment of a.IIY installment or I fail to tile canceUation or deferment forms with the LeMa ~"ar~~~~i~tU~~t ~he t~'::io~~tr~:t:n'1:: 1~~~~~~i~~7~~~~~~~~~nJ:a'::e~~ 1~~ ~~ ~~~rd:l~. thereon, plus any al)plieable penalty ~~ter r~l~~:,~r~~~~~~~toi~.1 t:e~:~j~t~~~~ooa:~:~~~l~~~~s the Lending Institution may diselose that 1 have defaulted. alone with ~~~ret~~~hae;.d~~~:ee~~:rrhta~~t di:f~Jt~~.u:~o~~ ;1rhl~~i:e~e~~:::~it:.f~r':n~~~~~f:, ~re~fttbt:tr:~~ ::e~r:it::~:::. collecUon. the VI. DEFERMENT (1) Jnterest will not accrue, and inJta1Jments need not be paid.. (Aj While I am enrolled and in attendance as at least a half-time ~tudent at an institution af hi&her education or at a campara. ble institution outside the United States approved fot' thi~ P.urpose by the Secretary. (8) For a. period not in excess of 3 yeliUS during which 1 am - - H~ast G~l":d~.-~~:n ~n;:e:~~yf~_;;:::-:~i~eoJu\~e ~t~ee~::~f~~fn~e C~~~:~fS:~~et~~~~b:ca~.al1~ !~~~~ariue Corps, or (u) .in service as a Volunteer under ehe Peace Corps Act. (ill) fJ volunteer under the Domestic VoJwlteer Service Act of 1973. g~~ps:r: ~~d~~t~/g~~~~~rc ieo~u~at~~erx~:en~itceo~~~rti973'(A~TrcrJ ::e~~~ :r~~r~~~tleo~ the semce performed in the Peace ~v~ll pr~~~l~~a~~e ~t~~~\it"~is~;~~ ~P~~:l?~~~l~~S~~~ ~is:r)~~dda.vi.L of a qualifh.d physiCian, or unable to secure employment because EXHIBIT "A" (C) For a period not in exeess of two years during which tbne 1 am tervinC in an internship which is required in order that 1 may receive professional reeo,mUon teQuixed to begin my pl'ofeuional practice 0:1: service. and ~~t uo:n~t~~:ti~:~f Ph~~~:r~ ~:rC:Uo:~ifur tte~.=~g:hd:r::~~f.lld=a,~~ :~i~~;~ ~1 ~i) (tA~~B) g:Yc\u::p~:: (2) The L~endinllnstitution may. upon my application. defer or reduce any scheduled repayments if, in iu opinion, extraor- dinary circumstances sueh as proloRCt!:d tUne.. or unemployment, (Invent me flom makin<< aueh repayments. However, interest will continue to aCClUe, VII. CANCELLATION FOR TEACHING (1) J am entitled to have up to 100 percent of the amount of thU Joan pJUI the lnlere.t thereon canceUed it J undertake .enice - (A) IS a full-time teacher in . public or other non-profit elementary or aecond~ Ichool whicb is in a schoo) diltrlct of a IDeal edu.atlonal ..en.y whleh I. eHllble lor lund. under Title I 01 the Elemen~ and se.ondm Edu.atlon Act of 19611 and which ~~~,e.:rlt::\1::::n~U~:n~~crs\:re~ts ~~l:w~~~et~:r:~~~n. of ection 465 (a) ( ) of the H~er Education Act u . ~B) .. . full-time teacher of handicapped ohlIdred: (lncludln. mentally retarded., hud of hearinl, deaf 'rbeech impaired, vlau.ny ~~:s~e~~~o:~~ t:;~:=~lh~::~'r=~:t~;:cle:l~~:~:~~'~~~:~~~:f&teJ:t:~t1f:~ ~Cr ~::~~~lt~h.:~~~:: or Heonduy achool ay&tem. (2) Thi. Joan will be cancelled at the followin.l rates: (A) 15 percent of the total principal amount of the lolUt plus interest on the unpaid balance will be cancelled fot the fbat and second complete academic yean: of that teachine service; (B) 20 percent of the total principal amount plus inteRet on the unpaid balance for the thUd and fourth complete academic yean of that te.chin. service; and (C) 30 percent of the total principal amount plus interest on the unpaid balance lor the fifth complete academic year 01 that teaduDI serviee_ VllI. HEAD START CANCELLATION (1) I am entitled io have up to 100 pereent of the a.OWlt of tbilloan p)UJ the intere.t thereon cancelled if I undertake _nice as a fuiJ...time ltaff member in . Head Start program if -.. tA) that Head Start pr~ .. operated '01' a period which 1. comparable to'. tuU sehoal yeU' In the locality. and (B) my Wary is not more than the salary ot a eomoarable employee of tbe local educational lICeney~ I~~ ..J~~~=te~:l~;:::~~~"': :~~l~:t:lltfot~~~c:~ :L~~ ~= =:::. amount pl\d the interest on the unpad balance (3) Head Start is a preschool prOlram earrled out under leetion 222 (a) (1) of the Economic Opportunity Act of 1964. IX. MILITARY CANCELLATION ~l!nem~:nof~t~l~oe:V:r~s ~f ~e'lf~~~ <;!t:re~ Ynrin':P:'e~1~n;JAt::= ~h:: g~u.uW:11~:r:::~~r:~; ~::,~D:'dJf~n 'i~:; title 117 of the United Stote. Code. g~ ""~":,~~~~e~lb~:;:n:~.at the rote of 12"" percent of the total prln~pal amount plua Interelt on the unpaid balance for X. DEATH AND DISABILITY CANCELLATION If I mould die or become pemul1@-ntly and totally disabled, the entin amount of this loan I>lu. the interest thereon ahaU be em- cened. XI. CHANGE IN NAME, ADDRESS, AND SOCIAL SECURITY NUMBER I am lespenslble fOllnfolminC the Lendina hlstitu~iop of any ebanae or chanae. in my name, addxeu. or so1:ial ftcurlty number. XIl PENALTY CHARGE UJn Wl~~ f~:cle:,~et~~ r~:~:r~Jl ~ ~t:ll J::~::r~:~.:U::u~~(~"lte::: ~~~o~i: ~I~~~ It:: ~::~=~r..=t me by the lAlndin. lnatltutlon. (2) No Muae m.y exceed -. ~~~:n~~ \~te~o:d ';2~~~"~~ =o:hn~~~.:r~~~~~ t~e~':ft~:, ~~t month or part of . month by wbids the installment ~~ th:~:rb~~1:t: ti:e::lJt~e: ~~~~Dj~~fJofs 1:~rJY mnallment", .3 and '6, re8pectfveJy, for each tnstallment interval or L~\ore ~b:h:u~=~:':f~~::~tbt:l~e~t.add the asseued ehuae to the outstandinl principal of the loan, it must to inform me XIII. ASSIGNMENT This note may be auiped by the Lendina; Institution only. - (1) to another lnatitution upon my transfer to that Institution it that institution" partlclpatinaln tbll pro~ (o.r, 11 not eo part1clpat1na. 11 el4ible to do ao and is approved by the Secretary for that purpose). or l~itu~h.t~ni::~t:~~~J:t::' retr:~~i= ::.r.r:::.d by the Secretary. Thi! provl.ons of this note that teak to the Lendinl XIV. PRIOR LOANS I heRby certify that I have listed below an of the National Dtred Student Loans (ox National Defen_ Student Loans) 1 have ob- tained at other inaUtutiou. (If no PDO:r loans have b~en received. Nate "N'oM!') SebeduJe of National Dfuct Student Loans and National Defen_ Student LOalls at other institutions Amount Date Institution 1.......... ......... 2.. ........ ......... II................... ................... . Caveat - This note is to be executed without securfty and without eadornment exeapt tbat it J am a minor and thiJ: note would not, under the law of the State fn which the Lendin& In.atltutlon ta located, create a bfndhtl obUcatlon.,. either secw:ttv OJ: endane- mont may be nqulred. The Lendin. Institution Iball supply a eopy of this note to me. B._tuxe of endorser Da1e Permanent Adclre.. . 19 (Stnet 01' Bolt Number, City, State. and Zip Code) Sodal Secw:ity Number 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 ofthis 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 ~~~ Bursar of Dickinson College Dated: F. IFILESIDA T AFILEIDickinsonCollege7619ICollections\CurrentI282-coml. wpd (") f'-...) 0 <;.;;:) c: <::::;) " ~: ..c:- :.o\'!: ~ ~ t:.l(-,.: :r::n cr.' r:; 0 < n'r- ~.', :s?rrJ r;:; 21 " N ffi S?:"< _'JO 0) r .&:- 9(~ !;~(,) - kC'} > ::C~i l'-' ~=::O :::r: ~() ...... ~ :!>. OiTI 0-, ...j '4 c: CO -.:; Z ~ -i \"J 0"\ ~ 1'.;) -J ~\ w -< -- 1.)1 d F' IFILESIDA T AFILEIDickinsonCollege7619lCollectionslCurrentl282. pra I/amg Created 10/6/04 2:50PM Revised. 117/05 1:31PM 7619C 48 David R. Galloway, Esquire MARTSON DEARDORFF WILLIAMS & OTTO J.D. 87326 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. 04-5906 CIVIL ACTION-LAW JAMES A. BURKE, Defendant JURY TRIAL OF TWELVE DEMANDED PRAECIPE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please reinstate the attached Complaint against James A. Burke, 2550 Schukraft Road, Quakertown, P A 18951-3105, in the above-captioned action and forward to the Cumberland County Sheriff for service. By David R. Galloway, Esquire I.D. Number 87326 Ten East High Street Carlisle, P A 17013 (717) 243-3341 Date: January 7,2005 Attorneys for Plaintiff () l"-V 0 c:;;:, ,'- cc;:> -n ,- c.n ;;e'~'. -, r: c.... --\ :~~-' I" Z nl;= I -om :D r-1 ., -..J ()6 ~- ( ---{~ ~'r" . 1 -r:-;! ~~ ,- .. - > (-... ~:,;,~ .r:- L__, 0 ~ -< \.0 ~.:: F:\FILESIDA T AFjLE\DickinsonCollege7619\Collections\C~rrem\282 pra2 C{eatoo', 218105 IUIAM Revised: 2/8/058:17AM 7619C282 David R. Galloway, Esquire MARTS ON DEARDORFF WILLIAMS & OTTO 10 E. 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. 04-5906 CIVIL ACTION-LAW JAMES A. BURKE, Defendant JURY TRIAL OF TWELVE DEMANDED PRAECIPE TO SETTLE. DISCONTINUE & END Plaintiff requests the above-captioned matter be marked settled, discontinued and ended. MARTSON DEAR~:LIAMS & OTTO ~>\ BY~ . .'. c.... David R. Galloway, Esquire 1. D. Number 87326 10 E. High Streelt Carlisle, P A 17013 (717) 243-3341 Date: February 8, 2005 Attorneys for Plaintiff CERTIFICATE OF SERVICI\ 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 Carlisle, P A, first class mail, postage prepaid, addressed as fol1ows: James a. Burke 2550 Schukraft Road Quakertown, PA 18951 MARTS ON DEARDORFF WILLIAMS & OTTO ~. c By Jean Ten t High Street Carlisle, P A 17013 (717) 243-3341 Date: ~ , I :~J I C:,' 1...; ',-' , c:'; - --------- SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2004-05906 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DICKINSON COLLEGE VS BURKE JAMES A 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: BURKE JAMES A but was unable to locate Him In his bailiwick. He therefore deputized the sheriff of MONTGOMERY County, Pennsylvania, to serve the within COMPLAINT & NOTICE On December 27th, 2004 , this office was in receipt of the attached return from MONTGOMERY Sheriff's Costs: Docketing Out of County Surcharge Dep Montgomery Co 18.00 9.00 10.00 33.00 .00 70.00 12/27/2004 MDW&O omas Kline eriff of Cumberland County Sworn and subscribed to before me (~ e- day of Q,w"7 this cloo .oj A. D. Cfr. - Q 1Ju~ 1~ .. Prothonotary! 'In The Court of Common Pleas of Cumberland County, Pennsylvania Dickinson College VS. James A. Burke No. 04-5906 civil Now, November 30, 2004 , I, SHERIFF OF CUMBERLAND COUNTY, P A, do hereby deputize the Sheriff of Montganery County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. ~d _,.-,,_ ~ ..7 y;""::;;-: - _...."'" ........ ...,~ ,;;."" r A .' -'.?~",,-,"'1::<, ....;i'" ,~;..~ U' . ~f ,r..""-'..... ..^ "o--"'J" Sheriff of Cumberland County, PA Affidavit of Service Now, ,20_, at o'clock M. served the within upon at by handing to a copy of the original and made kno\vn to the contents thereof. So answers, Sheriff of County, PA Sworn and subscribed before me this_day of ,20_ COSTS SERVICE MILEAGE AFFIDA VIT $ $ /~ l flv R. THOMAS KLINE Sheriff EDWARD L. SCHORPP Solicitor \'\\~ ot Qf.Ul1ther ~f\)~ .... 'iliff} ~;M ~ lC!'lc;, r.;;. '.;;..' ..-""..... ~(,;~.':. , )."".....''=-. , .{''Ij.. ....jl\(lTf... " \' ffi":/' ?'l \;, . gfJu/'i,' ).r"'i'~ .!? r~'l' '--\.-... /~.r ~ it. ~~{;:~r';,~,;:~ ,,..:'fr-+l! ' ~?D OFFICE OF THE SHERIFF One Courthouse Square ' Carlisle, Pennsylvania 17013 TO: Hon. John Durante Montgomery County Sheriff RE: Dickinson College VS James A. Burke Dear Sheriff: Enclosed please fmd to be served upon Notice and Complaint James A. Burke 134 Glenview Avenue o ERSON SERVED -,----- RELATlOir j POSITION PLACE Of SERVIce- TIME Of S::f:\fICt_ DATE Of SERvrCt -....- NUMBER OF ATIn-iPiS__ DE,PUTY Wyncote, PA _l -' ~- .- - DEPU"'V ,~. - lAST o~'t Qt SiRV:r.CE ....J~ ,,~,~+1j:Q.1-1. IfJ IJ' RONNY R. ANDERSON Chief Deputy JOOY S, SMITH Real Estate Deputy <::) .;:- o rTj n I w {jj ....~ ..........--~ ~.......- .--. ,~.~, ..,.) --n c::-, - "..". ..---. . , ,- ,~. n '_. r'o' -0 :x - .. Ul -...I -< NUMBER: A-5156 DATE: Dec. 20, 2004 . COMMONWEALTH OF PENNSYLVANIA COUNTY OF MONTGOMERY Dickinson College Vs James A. Burke 134 Glenview Ave. Wyncote, P A ~ SSie1I1eE S~ A1/S1(IEi<S..JoMp. VUf"at1t~ ~ fJ111t01t79fJ'J1tEie11 efJ1t'Jn1l On Dec. 17, 2004 @ 09: 1 0 the deputy returned because the above moved approx. 5-6 years ago. The deputy needs a better address. Deputy Sheriff Walker SHERIFF'S RETURN - OUT OF COUNTY .. CASE NO: 2004-05906 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DICKINSON COLLEGE VS BURKE JAMES A 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: BURKE JAMES A but was unable to locate Him in his bailiwick. He therefore deputized the sheriff of BUCKS County, Pennsylvania, to serve the within COMPLAINT & NOTICE On January 31st , 2005 , this office was In receipt of the attached return from BUCKS Sheriff's Costs: Docketing Out of County Surcharge Dep Bucks County So answers: -' --- ~:~;;::::5~-- 18.00 9.00 10.00 48.00 .00 85.00 01/31/2005 MDW&O ~-----) . ........../..~~ R. Thomas Kline Sheriff of Cumberland County Sworn and subscribed to before me this j.:..,; day of.;..{.."j,1u7 0200,( A.D. ~O,~W prothonotar ) '-InThe Court of Common Pleas of Cumberland County, Pennsylvania Dickinson College vs. James A. Burke No. 04-5906 civil N January 10, 2005 ow, , I, SHERIFF OF CUMBERLAND COUNTY, P A, do hereby deputize the Sheriff of Bucks County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. ...-:;." ~~.7 ~/"'-<;?, . '" r? .,......~'>". . . _....',.. .k. ,..,' ..'.r . ,?z;;:;;? ..,~.l'.~ f /..~-r<t 6 r' ~r ",.,.",,,," -"'" Sheriff of Cumberland County, P A Affidavit of Service Now, ,20_, at o'clock M. served the within upon at by handing to copy of the original a and made known to the contents thereof. So answers, Sheriff of County, PA Sworn and subscribed before me this _ day of ,20_ COSTS SERVICE MILEAGE AFFIDA VIT $ $ S,.,t>ZOl ryATC: 01/21/2005 THI'E:. 11: ~5 SHE'Hf=fS OFfICE - ECW4RC J.l)NH-IEll,. SHERIfF ADM!~ISTRATION BUIlOING OGflSSTOWN. PA 18q~, BUCKS MIse COCKET , 2005 30ryS3 LOCATION: aUT CF co lJ..ry CLA 5S: ASSUMPSIT 44... SHERlfF-S RETURN Of SERVICE ***** StiERIFF.S OfFICE CUM8ERL_ND (CUNTY 1 COU~TtiOUSf SQUARE CARLISLE PA 11013 ATT~:OAVID R GAlLOWAY.ESO I / OEFENDANT vs. eUR~E JAMES A 25SC SCtiUKRAFT ROAD QUAJeRTOWN. PA 18951 PLAINTIFF DICttINSON COLLEGE 01012005 CD'PlAINT - CIV L AC ION RECEIVED FROM CUMBERLAND CO SHERIFFS OEPT RAG 01132005 RECEIVED IN SH RIff S OFFICE fOR SERYICE. TRANSACTION '05-1-C0505 RAG AMOUNT PAID $ 8.00 01202005 SHeRIFF.S RET ~N. UNDER OATH, FILED. DEPUTY HIll AT 1500PM . RAG SERVED OffEN ANT(S) PURSUANT TO PA.R.C.P. .40Z(A)(I) . SERYED DEFT AMES A BURKE BY HANDING TC DEfT PERSONAllY. RAG 01212005 INYOICE MAILEO TO CUMBERLAND CO SHERIffS DEPT ATTN:OAVIO R GALLOWAY. RAG ESQ TRANSACTION '05-1-00505 :ENO OF CASE