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HomeMy WebLinkAbout13-5986 Supreme Court cif Pennsylvania COUrf CommolITleas For Prothonotary Use Only: Civil "Cover Sheet Docket No: CUMBERLAND County �6 The information collected on this form is used solely for court administration j)urposes. T /Its lo &..Jes not supplement or replace the Wing and service of'pleadings or other papers as required by law or rules ofcourt. Commencement of Action: S El Complaint M Writ of Summons Petition rl Transfer from Another Jurisdiction 0 Declaration of Taking E C Lead Plaintiff's Name: Lead Defendant's Name: T Dickinson College Margaret Dowling Dollar Amount Requested: Elwithin arbitration limits I Are money damages requested? Yes No O 1 (check one) rJoutside arbitration limits N Is this a Class Action Suit? M Yes El No Is this an MDJAppeal? Yes l No A Name of Plaintiff /Appellant's Attorney: Christopher E. Rice, Esquire /Martson Law Offices 0 Check here ifyou have no attorney (are a Self- Reprem, JPru S l 1.1tiga t) Nature of the Case Place an "X" to the left of the ONE case category that most accurately describes your PRIMARY CASE. If you are making more than one type of claim, check the one that you consider most important. TORT (do not include Mass Tort) CONTRACT (do not include Judgments) CIVIL APPEALS 0 Intentional ® Buyer Plaintiff Administrative Agencies © Malicious Prosecution El Debt Collection: Credit Card n Board of Assessment E] Motor Vehicle 'X Debt Collection: Other E] Board of Elections E] Nuisance Unpaid student loans E] Dept. of Transportation Premises Liability El Statutory Appeal: Other S E] Product Liability (does not include F. mass tort) E] Employment Dispute: El Slander /Libel/ Defamation Discrimination El C El Other: Employment Dispute: Other Q Zoning Board T Other: I E] Other: O MASS TORT Asbestos N Tobacco Toxic Tort - DES ri Toxic Tort - Implant REAL PROPERTY MISCELLANEOUS 0 Toxic Waste Other: M Ejectment E] Common Law /Statutory Arbitration B El Eminent Domain /Condemnation 0 Declaratory Judgment El Ground Rent E] Mandamus 0 Landlord/Tenant Dispute Q Non - Domestic Relations © Mortgage Foreclosure: Residential Restraining Order PROFESSIONAL LIABLITY rl Mortgage Foreclosure: Commercial El Quo Warranto El Dental [] Partition El Replevin [I Legal E] Quiet Title El Other: n Medical M Other: rl Other Professional: Updated 1/1/2011 Christopher E. Rice, Esquire 1 Attorney I.D. No. 90916 M � r"1 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES -<y rr Ten East High Street Carlisle, PA 17013 c =_ f fir^ (717) 243 -3341 Attorneys for Plaintiff DICKINSON COLLEGE, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2013 - MARGARET DOWLING, CIVIL ACTION - LAW ' C Defendant 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 q/P/3 FAFILES \Clients \7619 Dickinson College \7619. Collections \7619C.Current \7619C.421 Dowling \7619C.421.com Christopher E. Rice, Esquire Attorney I.D. No. 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. 2013 - MARGARET DOWLING, CIVIL ACTION - LAW Defendant COMPLAINT AND NOW, comes Plaintiff Dickinson College by and through its attorneys, MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER, 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, Margaret Dowling, is an adult individual with a last known address of 3347 -B Old Stage Road, Central Pointe, Oregon 97502. COUNT I BREACH OF CONTRACT 3. On or about August 20, 2002, Defendant entered into a Abe and Cora Hurwitz Student Loan ( "Loan 1 ") with Plaintiff for the financing of a loan, plus interest and costs, for educational services and benefits at Plaintiff's institution. A copy of Loan 1 is attached hereto as Exhibit "A." 4. The principal amount for Loan 1 was $1,600.00. 5. On or about August 19, 2013, Defendant entered into a Abe and Cora Hurwitz Student Loan ( "Loan 2 ") with Plaintiff for the financing of a loan, plus interest and costs, for educational services and benefits at Plaintiff's institution. A copy of Loan 2 is attached hereto as Exhibit "B." 6. The principal amount for Loan 2 was $1,000.00. 7. As of June 10, 2013, the principal and interest due and payable by Defendant to Plaintiff was $2,018.63, with interest accruing at 5% per annum. 8. The Note grants Plaintiff reasonable collection and attorneys' fees which Plaintiff has calculated to be $750.00. 9. Plaintiff has fulfilled, performed and complied with all obligations and conditions of the Loans. COUNT III IN QUANTUM MER UIT 10. Plaintiff hereby incorporates by reference the averments contained in Paragraphs 1 through 9 of this Complaint. 11. Having requested Plaintiff to loan money, and doing so to the benefit of Defendant, Defendant became liable to Plaintiff for said money. 12. Defendant has been unjustly enriched by accepting said money without paying Plaintiff reasonable compensation therefor. WHEREFORE, Plaintiff demands judgment against Defendant in the amount of $2,018.63, plus interest accruing at 5% per annum on the Loans thereafter, attorney's fees in the amount of $750.00 and other reasonable collection costs and charges. MARTSON LAW OFFICES B CY/' � / - z Y Christopher E. Rice, Esquire I.D. Number 90916 Ten East High Street Carlisle, PA 17013 -3093 (717) 243 -3341 Date: ���� �� Attorneys for Plaintiff This is a debt collecting firm attempting to collect a debt for Dickinson College. Any information obtained will be used for that purpose. EXHIBIT "A" ABE AND CORA HURWITZ STUDENT LOAN ° 3 DICKINSON COLLEGE CARLISLE, PENNSYLVANIA '17013-2896 Loan Number: 1,A01-0 Date: August 20, 2002 I, Margaret Dowling, hereby acknowledge receipt from Dickinson College, the "College ", of a Hurwitz Student Loan in the principal amount of $1,600.00, which is hereby applied on my College account for the 2 9 academic year. I agree to repay the College according to the following plan: I. Interest Interest shall accrue on the outstanding principal balance from the first day of the month following the month in which I graduate or cease to matriculate at the College, and shall be at the FIXED ANNUAL PERCENTAGE RATE of 5.000 percent (5 %). Interest shall accrue on a daily basis, II. Repayment I promise to repay the principal and the interest, which accrues thereon commencing six (6) months after the date I graduate or cease to matriculate at the College. I will repay in equal monthly installments with a minimum monthly payment of $40.00 (which includes both principal and interest), and a maximum repayment period of ten (10) years (120 months).. The College may, at its option, grant an additional deferment period of up to four (4) years for full -rime study after a student leaves Dickinson College. III. Default I shall have been deemed to have committed an "Event of Default" of this Contract upon the occurrence of any of the following: • failure to make any payment on or before the date it is due, • failure to make a payment on any other Contract outstanding with the College, • failure to perform any other provision of this Contract, • I provide the College with false information or signatures, • my death, incompetence, or conviction of any crime involving fraud or dishonesty, insolvency or bankruptcy. Upon or after the occurrence of any Event of Default, the College will provide me with notice, by certified mail as required by law, addressed to my last known address as shown on the College records, advising me of the default and of my right to cure the default. The notice will provide the time, amount and performance necessary to cure the default. If I do not cure the default as provided in the notice, the College's rights include the right to declare all sums due on this contract to be immediately due and payable, as well as any other rights the college may have at loss as in equity. I understand that if I default on my loan repayment, the College may disclose that I have defaulted, along with other relevant information, to credit bureau organizations. 1 IV. Penalty Charge If I fail to make timely payment of all or any part of a scheduled installment, I promise to pay the charge assessed against me by the College. No charge may exceed $1.00 for the first month or part of a month by which the installment is late, and $2.00 for each month or part of a month thereafter. I promise to pay all attorney fees and other reasonable collection costs and charges necessary for the collection of any amount not paid when due. V. Change of Status It is my responsibility to notify the Dickinson College Financial Operations Office, or its servicing agent, EFG Technologies, of any change of name, address, telephone number or Social Security Number during the duration of this repayment period. VI. Additional Provisions In deference to the Hurwitz family for their generosity in providing these loan funds, I hereby authorize the College to notify the family of my acceptance of this loan and the principal dollar amount of the loan only. The College may divulge additional information regarding the status of my loan account to [my parent(s) / no one else] If any part of this Contract is held to be illegal, void or unenforceable, that provision shall be deemed not to have been a part of this Contract, which shall otherwise remain fully effective. CONSENT TO JURISDICTION, VENUE AND SERVICE The parties to this Contract consent and agree that all legal proceedings relating to the subject matter hereof shall be maintained in the Court of Common Pleas of Cumberland County, Pennsylvania, or if applicable, the United States District Court of the Middle District of Pennsylvania, and all parties hereto consent and agree that jurisdiction and venue for such proceedings shall lie exclusively within said court. Service of process in any such proceeding may be made by certified mail, return receipt requested, directed to the respective party at the address last made known to the other party. The Borrower acknowledges receiving a completed copy of this Contract and intends to be legally bound by its terms. Borrower Signature — /cam Date ��,/ ��1 0 Social Security Number College Loan Officer Date�� Revised 08/20/02 2 EXHIBIT "B" r- r ABE AND CORA HURWITZ STUDENT LOAN �+ DICKINSON COLLEGE c1 L CARLISLE, PENNSYLVANIA 17013 -2896 Loan Number: 1204 -01 Date: August 19, 2003 I, Margaret Dowling, hereby acknowledge receipt from Dickinson College, (hereinafter "College "), of a Hurwitz Loan in the principal amount of .$1000.00, which is hereby applied on my College account for the 2003 -2004 academic year. I agree to repay the College according to the following plan: I. Interest Interest shall accrue on the outstanding 'principal balance from the first day of the month following the initial six (6) month grace period in which I graduate or cease to matriculate at the College, and shall be at the FIXED ANNUAL PERCENTAGE RATE of 5.000 percent (5 %). Interest shall accrue on a daily basis. II. Repayment I promise to repay the principal and the interest, which accrues thereon commencing six (6) months after the date I graduate or cease to matriculate at the College. I will repay in equal monthly installments with a minimum monthly payment of $40.00 (which includes both principal and interest), and a maximum repayment period of ten (10) years (120 months). The College may, at its option, grant an additional deferment period of up to four (4) years for full -time study after a student leaves Dickinson College. III. Default I shall have been deemed to have committed an "Event of Default" of this Contract upon the occurrence of any of the following: • failing to make any payment on or before the date it is due, • failing to make a payment on any other Contract outstanding with the College, • failing to perform any other provision of this Contract, • providing the College with false information or signatures, • my death, incompetence, or conviction of any crime involving fraud or dishonesty, insolvency or bankruptcy. Upon or after the occurrence of any Event of Default, the College will provide me with notice, by certified mail as required by law, addressed to my last known address as shown on the College records, advising me of the default and of my right to cure the default. The notice will provide the time, amount and performance necessary to cure the default. If I do not cure the default as provided in the notice, the College's rights include the right to declare all sums due on this contract to be immediately due and payable, as well as any other rights the College may have available in equity. I agree to pay all attorney's fees and other reasonable collection costs and charges necessary for the collection of any amount not paid when due. Unless otherwise specified in a legal proceeding relating to the subject matter hereof, I agree that attorney's fees shall be 15% of the Principal Amount. I understand that if I default on my loan repayment, the College may disclose that I have defaulted, along with other relevant information, to credit bureau organizations. 1 • T• V IV. Penalty Charge If I fail to make timely payment of all or any part of a scheduled installment, I promise to pay the charge assessed against me by the College. No charge may exceed $1.00 for the first month or part of a month by which the installment is late, and $2.00 for each month or part of a month thereafter. I promise to pay all attorney fees and other reasonable collection costs and charges necessary for the collection of any amount not paid when due. V. Change of Status It is my responsibility to notify the Dickinson College Financial Operations Office, or its servicing agent, EFG Technologies, of any change of name, address, telephone number or Social Security Number during the duration of this repayment period. VI. Additional Provisions In deference to the Hurwitz family for their'generosity in providing these loan funds, I hereby authorize the College to notify the family of my acceptance of this loan and the principal dollar amount of the loan. If any part of this Contract is held to be illegal, void or unenforceable, that provision shall be deemed not to have been a part of this Contract, which shall otherwise remain fully effective. CONSENT TO JURISDICTION VENUE AND SERVICE The parties to this Contract consent and agree that all legal proceedings relating to the subject matter hereof shall be maintained in the Court of Common Pleas of Cumberland County, Pennsylvania, or if applicable, the United States District Court of the Middle District of Pennsylvania, and all parties hereto consent and agree that jurisdiction and venue for such proceedings shall lie exclusively within said courts. Service of process in any such proceeding may be made by certified mail, return receipt requested, directed to the respective party at the address last made known to the other party. The Borrower acknowledges receiving a completed copy of this Contract and intends to be legally bound by its terms. Signed and sealed this day of Student Signature (SEAL) Student Social Security Number ro Parent Signature (SEAL) Parent Signature (SEAL) I Revised 8/19/2003 2 VERIFICATION I, SALLY HECKENDORN, 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 ­ 2 " / Sally Hecken orn Bursar Dated: F.\FILES \Clients \7619 Dickinson Coll ege\ 7619. Col lections \7619C.Current \7619C, 421 Dowling \7619C.421.com F:\FILES\Clients\7619 Dickinson College\7619.Collections\7619C.Current\7619C.421 Dowling\7619C.42l.pra.reinstate.wpd F EC 1 All Christopher E. Rice, Esquire "'` '' " Attorney I.D.No. 90916 ,1 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER PENNSYL'al1A 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. 2013 - 5986 MARGARET DOWLING, : CIVIL ACTION - LAW Defendant PRAECIPE To the Prothonotary: Please reinstate the Complaint in the above-referenced matter. MARTSON LAW OFFICES ByCKGilj � Christopher E. Rice, Esquire I.D. Number 90916 Ten East High Street Carlisle, PA 17013-3093 (717) 243-3341 Date: f 0/3 f/P Attorneys for Plaintiff This is a debt collecting firm attempting to collect a debt for Dickinson College. Any information obtained will be used for that purpose. � � $/' ' 7sp C#- 77 98 F:WILES \Clients \ 7619 Dickinson College \ 7619.Collections 7619C,Current\ 7619C.421 Dowling\7619C.421,pra.reinstate.wpd Christopher E. Rice, Esquire Attorney I.D. No. 90916 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff ROj TT\ ,91114 HAI? -5 19 a/MBE-1k AND COUNTY PENNSYLVANIA DICKINSON COLLEGE, Plaintiff V. MARGARET DOWLING, Defendant To the Prothonotary: : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2013 - 5986 : CIVIL ACTION - LAW PRAECIPE Please reinstate the Complaint in the above-referenced matter. MARTSON LAW OFFICES By Date: 3/51/1 Christopher E. Rice, Esquire I.D. Number 90916 Ten East High Street Carlisle, PA 17013-3093 (717) 243-3341 Attorneys for Plaintiff This is a debt collecting firm attempting to collect a debt for Dickinson College. Any information obtained will be used for that purpose. 11,76,0 a6A-Q1646-v6 ok-3O:,5-01 F:\FILES \Clients \7619 Dickinson College\ 7619.Collec Lions \7619C.Current \7619C.421 Dowling\7619C.421.as.wpd Christopher E. Rice, Esquire 4 t Attorney I.D. No. 90916 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLRt4il PM C° r4"414. MARTSON LAW OFFICES r uh '3c.RL; N0I COUI Ten East High Street p E N H S Y L�� =API A- Carlisle, PA 17013 (717) 243 -3341 Attorneys for Plaintiff DICKINSON COLLEGE, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 2013 - 5986 MARGARET DOWLING, : CIVIL ACTION - LAW Defendant AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF CUMBERLAND ) SS. I hereby certify that a copy of the Complaint in the above captioned matter was mailed to Margaret Dowling a/k/a Margaret Dowling Nicholson, 7660 Lankershim Boulevard, Apt. 315, North Hollywood, CA 91605 -2863, by certified mail, restricted delivery, return receipt requested. Attached is the signed Post Office return with attached receipt of costs in the amount of $11.74. Sworn to and subscribed before me this 02✓ day of March, 2013. A , ublic MARTSON LAW OFFICES By 4 S Christopher E. Rice, Esquire Attorney I.D. No. 90916 Ten East High Street Carlisle, PA 17013 (717) 243 -3341 COMMONWEALTH OF PENNSYLVANIA Notarial Seal Mary M. Price, Notary Public Carlisle BOro, Cumberland County M C4 mis ion Expires Aug. 18, 2015 MEMBE prourftvANTA ASTAx?ATION OF NOTARIES This is a debt collecting firm attempting to collect a debt for Dickinson College. Any information obtained will be used for that purpose. SENDER: COMPLETE THIS SECTION • Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. • Print your name and address on the reverse so that we can return the card to you. • Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: crwev 26 G 6 oVit4W , 41-r 31 c19 /Go - 0263 COMPi.ETE THIS SECTION ON DELIVERY A. atu ❑ Agent C. Date of Delivery B. Receiv': by (Printed Name) D. Is delivery address different from item 1? ❑ Yes If YES, enter delivery address below: ❑ No 3. ))))))S,,,......e,,,��'��'r��-vice Type ertified Mail Registered ❑ Insured Mail ❑ Express Mail ❑ Return Receipt for Merchandise ❑ C.O.D. 4. Restrictedtei livery?J(Eztra3F.ee ) r 2. Article Number (Transfer from service /aben 7013 1710 0000 6460 6484 If� i'es PS Form 3811, February 2004 ti fa Return Receipt Fee (Endorsement Required) Domestic Return Receipt 102595 -02 -M -1540; U.S. Postal ServiceTM CERTIFIED MAILTM RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) For delivery information visit our website at www.usps.coma OFFllCEAL shy Postage Certified Fee Restricted Delivery Fee CI (Endorsement Required) r-i N r9 m ri fl N Total Postage & Fees Sect To et,Ap N. ,�44(D or PO Box NO.(/ Ci Sta= Zl • ■/11l .ii/ L PS form 3800. August 2006 $ See Reverse for Instructions 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 Affidavit of Service was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Margaret Dowling a/k/a Margaret Dowling Nicholson 7660 Lankershim Boulevard, Apt. 315 North Hollywood, CA 91605 -2863 MARTSON LAW OFFICES By >'t OELe M . Price 10 East High Street Carlisle, PA 17013 Dated: 312 f/ L This is a debt collecting firm for Dickinson College attempting to collect a debt. Any information obtained will be used for that purpose. F:\FILES\Clients\7619 Dickinson College\7619.Collections\7619C.Currcnt\7619C.421 Dowling\7619C.421.pra.default.wpd Christopher E. Rice, Esquire Attorney I.D. No. 90916 MARTSON LAW OFFICES Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff a15.1;r.�E 13 cur•laERLr,t :) PENNSYLVANIA DICKINSON COLLEGE, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 2013 - 5986 MARGARET DOWLING, : CIVIL ACTION - LAW Defendant PRAECIPE TO THE PROTHONOTARY: Please enter default judgment in the above -captioned action in favor of Plaintiff and against Defendant Margaret Dowling in the amount of $2,018.63, plus interest accruing at 5% per annum on the Loans thereafter, attorney's fees in the amount of $750.00 and other reasonable collection costs and charges, for failure to file an Answer to Plaintiffs Complaint. I do hereby certify that written notice of intention to file this Praecipe was mailed to Margaret Dowling on December 31, 2014, which date is subsequent to the date default occurred and at least ten (10) days prior to the date of this Praecipe. Dated: 0,5//c MARTSON LAW OFFICES By: Christopher E. Rice, Esquire I.D. Number 90916 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff This is a debt collecting firm attempting to collect a debt for Dickinson College. Any information obtained will be used for that purpose. /.Sped' 4 4t!429.E 04, 3 /A _ em-' • F. LES1Cliente,7619 1)ickin5on College,7619.Collectinns17619C.Currtnt t76 9C .42i Dovelingi7619C,42 I .1Caynotice.wpd Christopher E. Rice, Esquire Attorney LD. No, 90916 MARTSON LAW OFFICES ]'en 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. 2013 - 5986 MARGARET DOWLING, : CIVIL ACTION.- LAW Defendant TO: Margaret Dowling a/k/a Ms. Margaret Dowling Nicholson 2813 Alabama Street, La Crescenta, CA 91214 Date: December 31, 2014 YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITTEN WITH THE COURT YOUR DEFENSES OR. OBJECTIONS TO THE CLAIMS SLI FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED .AGAINST YOU WITFIGUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR. OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE, IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE 'FETE 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 REDUCED FEE OR NO FEE. This is a debt collecting firm attempting to collect a debt for Dickinson College Any information obtained wilt be used for that purpose. Cumberland County Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 TeIephone:(717) 249-3166 MARTSON LAW OFFICES By: Christopher E. Rice, Esquir Christopher E. Rice, Esquire Attorney I.D. No. 90916 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. 2013 - 5986 MARGARET DOWLING, : CIVIL ACTION - LAW Defendant AFFIDAVIT AS TO MILITARY SERVICE COMMONWEALTH OF PENNSYLVANIA ) :SS. COUNTY OF CUMBERLAND ) Christopher E. Rice, Esquire, being duly sworn according to law, deposes and says that he has authority to make this affidavit on behalf of his client, and to the best of his knowledge, information and belief, Defendant Margaret Dowling above named is not in the military service of the United States of America, that he has knowledge that the said Defendant's last known address is: 2813 Alabama Street, La Crescenta, CA 91214 Sworn to and subscribed before me this day of January, 2015. V11 Ace"; Nofarv,Public Christopher E. Rice, Esquire COMMONWEAL111 OF PENNSYLVANIA Notarial Seal Mary M. Price, Notary Public Carlisle Boro, Cumberland County ty Commission ExpiresAug. 18, MEMBER, PENNSVI:VANIA ASSOCIATION OF NOTARIES F:\FILES\Clients\7619 Dickinson College \7619.Collections\7619C.Current\7619C.42I Dowling\ 7619C.421.pra.default.wpd Christopher E. Rice, Esquire Attorney I.D. No. 90916 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. 2013 - 5986 MARGARET DOWLING, : CIVIL ACTION - LAW Defendant COMMONWEALTH OF PENNSYLVANIA ) • SS COUNTY OF CUMBERLAND ) Christopher E. Rice, Esquire, being duly sworn according to law, deposes and says that he is an employee of MARTSON LAW OFFICES, attorneys for the Plaintiff in the above captioned matter and that pursuant to the provisions of the Pennsylvania Rules of Civil Procedure, a notice of intention to enter default judgment against Defendant Margaret Dowling, was given to her by mail on December 31, 2014. Christopher E. Rice, Esquire Sworn to and subs,c�r'b1ed before me this �s� day of January, 2015. COMMONWEALTH OF PENNSYLVANIA Notarial Seal Mary M, Price, Notary Public Carlisle Boro, Cumberland County Commission Expires Aug. 18, 2015 4 WAWA ASSOQATION OF NOTARIES CERTIFICATE OF SERVICE I, Mary M. Price, an authorized agent of MARTSON LAW OFFICES, 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: Margaret dowling a/k/a Margaret Dowling Nicholson 2813 Alabama Street La Crescenta, CA 91214 MARTSON LAW OFFICES By 14' /&Q' M. . Price 10 East High Street Carlisle, PA 17013 Dated: ///3hf This is a debt collecting firm attempting to collect a debt for Dickinson College. Any information obtained will be used for that purpose. Christopher E. Rice, Esquire Attorney I.D. No. 90916 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. 2013 - 5986 MARGARET DOWLING, : CIVIL ACTION - LAW Defendant TO: MARGARET DOWLING NOTICE OF ENTRY OF DEFAULT JUDGMENT You are hereby notified that on the /3 9'l' day of January, 2015, the following Judgment was entered against you in the above -captioned action: judgment in the amount of $2,018.63, plus interest accruing at 5% per annum on the Loans thereafter, attorney's fees in the amount of $750.00 and other reasonable collection costs and charges, for failure to file an Answer to Plaintiffs Complaint. Date: / ./3--/S Prothonotary I hereby certify that the name and address of the proper person to receive this notice under Pa. R. Civ. P. 236 is: Margaret Dowling a/k/a Margaret Dowling Nicholson 2813 Alabama Street La Crescenta, CA 91214