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Home My WebLink About05-0753 F:\FILESIDA TAFILE\DickinsonCollege7619ICollectionsICurrent\JOl "coml.wpd Created: 2/1/05 207PM Revised: 2110105 11;411AM 7619dOJ David R. Galloway, Esquire MARTS ON 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,O)- 753 (}i',.;J..~8L~ CNIL ACTION-LAW ANNIE A. LOCKHART & LEONARD LOCKHART Defendants 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 MAYBE 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 F WILLIAMS & OTTO Dated: February 10,2005 By DaVl . Ga oway, Esqu re I. D. Number 87326 Ten East High Street Carlisle, P A 17013 (717) 243-3341 Attorneys for Plaintiff David R. Galloway, Esquire MARTS ON DEARDORFF WILLIAMS & OTTO Ten East High Street Carlisle, P A 17013 (717) 243-3341 Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL V ANlA DICKINSON COLLEGE, Plaintiff v, NO. CIVIL ACTION-LAW ANNIE A. LOCKHART & LEONARD LOCKHART Defendants 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 Leonard Lockhart (hereinafter "Parent") is an adult individual with last known address ofP,O, Box 1752, Christiansted, Virginia, 00821-1752. 3, Defendant Annie Lockhart (hereinafter "Student") is an adult individual with a last known address of 401 Emmons Dr., Apt. 219, Princeton, New Jersey, 08540-6507. 4, On or about August 9, 1995, Parent and Student entered into a Promissory Note (Note #1) with Plaintifffor the financing of$4,000.00, plus interest, for educational services and benefits to Student at Plaintiffs institution, A copy of Note #1 is attached hereto as Exhibit "A." 5. Note #1 grants Plaintiff reasonable collection and attorneys' fees which Plaintiffhas calculated to be $500.00, 6, As of January 20,2005, the principal and interest due and payable by Parent and Student to Plaintiff was $1,239.00, with interest accruing at $0.33 per day from January 20,2005. 7, Parent and Student stopped making monthly payments on Note #Ion or about November 6,2003, 8, As ofJanuary20, 2005, the outstanding balance of$I,239.00 represents the total and actual overdue value ofthe financing provided to Parent and Student under Note # 1 which they have yet to pay, 9, Plaintiff fulfilled, performed and complied with all obligations and conditions of Note #1. COUNT I BREACH OF CONTRACT Dickinson Colle~e v. Annie A. Lockhart & Leonard Lockhart 10. Plaintiff hereby incorporates by reference the averments contained in Paragraphs 1 through 9 of this Complaint. 11. Parent and Student 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 Defendants, Annie A. Lockhart and Leonard Lockhart, in the amount of$I,239,OO, plus interest accruing at $0.33 per day from January 20, 2005, collection and attorneys' fees in the amount of $500,00 and costs of suit. COUNT II IN QUANTUM MERUIT Dickinson Collel!e v. Annie A. Lockhart & Leonard Lockhart 12, Plaintiff hereby incorporates by reference the averments contained in Paragraphs 1 through 11 of this Complaint. 13. Having requested Plaintiff to loan money, and doing so to the benefit of Student, Student became liable to Plaintiff for said money, 14, Student has been unjustly enriched by accepting said money without paying Plaintiff reasonable compensation therefor. 15. The total amount by which Student has become enriched is $1,239.00, with interest accruing at $0.33 per day from January 20,2005. WHEREFORE, Plaintiff demands judgment against Defendant, Annie A. Lockhart, in the amount of$I,239,OO, plus interest accruing at $0.33 per day from January 20,2005, collection and attorneys' fees in the amount of$500.00 and costs of suit. MARTS ON DEARDORFF WILLIAMS & OTTO By \) David R. Galloway I.D, No. 87326 Ten East High Street Carlisle, P A 17013- 3093 (717) 243-3341 Attorneys for Plaintiff Date: February 10, 2005 ~-'"'--~-~"",.*,~ , - ['), DICKINSON COLLEGE FLEXIBLE FINANCING SYSTEM - PLAN A EDUCATIONAL GOODS AND SERVICES RETAIL INSTALLMENT CONTRACT August 9, 1995 1. Seller: Dickinson College, Carlisle, Pennsylvania 17013 Buyer(s) . Leonard Lockhart P.O. Box 6250 Sunny ISle, st. Croix 00823 If there is more than one Buyer, each of you will be obligated, jointly and severally, for all sums due and for the performance of all agreements as provided in this Contract. Under the terms of this Educational Goods and Services Retail Installment Contract, you have agreed to pay the expenses incurred for goods and services to be provided and rendered, as the case may be, to Annie Lockhart (hereinafter "Student") during his/her enrollment at Dickinson College during the 1995-1996 academic year, including tuition, room and board, books and supplies as herein stated (hereinafter the "Goods and Services"). The Goods and Services shall include only tuition, room and board. II. TERMS OF PAYMENT AND PAYMENT SCHEDULE Disclosures Required by Federal Law ANNUAL FINANCE CHARGE. AMOUNT FINANCED. TOTAL OF TOTAL SALE PERCENTAGE RATE. Dollar Amount Amount of credit PAYMENTS: PRICE. Cost of credit credit will prov-i.;:1ad by l1.."':io':.:nt paid by Tota.l cost of as yearly rate cost Buyer Dickinson Buyer as total purchase on College of all scheduled credit including Prior to repay- payments down payment of ment: 11.00 $ 20,870.00 During repay- ment: 11.00 $ 2,215.41 $ 4,000.00 $ 6,335.41 $ 24,870.00 Rev 2/92 EXHIBIT "A" Lockhart Buyer's payment schedule will be as follows: Number of Payments Amount of Payments When Payments are Due monthly commencing 09/28/95, and continuing until 04/28/97 or such time as Student is no 20 $ 36.67 longer enrolled at Dickinson (or in an approved full-time off-campus program of studies) , whichever is earlier. monthly commencing OS/28/97 or such time as 72 $ 76.14 Student is no longer enrolled at Dickinson (or in an approved full-time off-campus program of studies) , whichever is earlier. Late charge: If a payment is more than 15 days late, a sum equivalent to 5% of the late payment (but no more than $2.50 and not less than $1.00) may be charged. Prepayment: Buyer may prepay the unpaid balance of the Amount Financed and any FINANCE CHARGE due through the date of early payment, in full or in part, without penalty. SEE SECTION DEFAULT AND FINANCED. VI OF THE CONTRACT BELOW FOR ANY ADDITIONAL INFORMATION ABOUT NON-PAYMENT, REQUIRED REPAYMENT BEFORE THE SCHEDULED DATE FOR REPAYMENT OF THE AMOUNT III. ITEMIZATION OF AMOUNT FINANCED 1. Cash price of Goods and Services: $ 24,870.00 20,870.00 4,000.00 2. 3. Total down payment: Unpaid balance of cash price (1 - 2): 4. Amount paid to others on Buyer's behalf: - 0 - 5. Amount Financed (3 + 4): $ 4,000.00 2 , IV. CREDIT INSURANCE Credit life insurance for the term of this Contract is not required. V. NO WARRANTIES THERE ARE NO WARRANTIES, EITHER EXPRESSED OR IMPLIED, GIVEN BY SELLER IN CONNECTION WITH SALE OF THE GOODS AND SERVICES COVERED BY THIS CONTRACT UNLESS BUYER HAS BEEN GIVEN A SEPARATE WRITTEN WARRANTY. VI. ADDITIONAL PROVISIONS 1. Buyer agrees to pay Seller paying Seller the Total of in the Payment Schedule. as the first payment date. following address: the Total Sale Price by making the total down payment and Payments in the number and amount of monthly payments shown Payments are due on or before the same date of each month Payments must be made to Eduserv Technolgies, Inc. at the Eduserv Technologies, Inc. ?o. B~x 64974 St. Paul, MN 55164-0974 2. Buyer's legal rights include the right to pay all or part of the amounts due on this Contract in advance of their due dates, to obtain a refund or credit of unearned Finance Charge whenever the amount is paid in full in advance, and (with Seller's consent) to reinstate the Contract if Buyer timely cures any default. 3. Buyer shall be deemed to have corrunitted an "Event of Default" of the Contract upon the occurrence of any of the following: (a) failure to make any payment on or before the date it is due, (b) failure to make a payment on any other Contract outstanding with Seller, (c) failure to perform any other provision of the Contract, (d) providing Seller with false information or signatures, (e) death, incompetence, or conviction of any Buyer of crime involving fraud or dishonesty, (f) insolvency or bankruptcy of any Buyer. 4. Upon or after the occurrence of any Event of Default, Seller will provide Buyer with notice, by certified mail as required by law, addressed to Buyer's last known address as shown on Seller's records, advising Buyer of the default and of Buyer's right to cure the default. The notice will provide the ttme, amount and performance necessary to cure the default. If Buyer does not cure the default as provided in the notice, Seller's rights shall include the right to declare all sums due on the Contract to be immediately due and payable. The Buyer agrees to pay all attorney's fees and other reasonable collection costs and charges necessary for the collection of any amount not paid when due. 5. Waiver by Seller of any event of default shall not be binding upon Seller if Seller should thereafter choose to exercise that or any other right or a similar Event of Default occurs later. All Seller's rights and remedies shall be cumulative. Seller's exercise of one or more rights shall not cause Seller to lose any other rights. 6. This Contract is freely assignable by Seller. Buyer agrees that upon receiving notice of the assignment Buyer shall be obligated to the Assignee of this Contract, which Assignee shall have all of Seller's rights and remedies. 7. 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. 3 8. APPLICABLE LAW: This Agreement, whenever called upon to be construed, governed by the domestic internal laws of the Commonwealth of Pennsylvania the extent supplemented, superseded or preempted by federal law. shall be except to 9, CONSENT TO JURISDICTION. VENUE AND SERVICE: The parties to this Agreement 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 set forth above. 10. This Contract shall be binding upon the parties hereto, their heirs, successors, assigns and legal representatives. 11. TIME IS OF THE ESSENCE OF THIS CONTPACT. NOTICE: ANY EO:"CER OF THIS ;:,~:,':;U:.1ER CREDI'l' ~ONTRrl.;;T rr; SOB.1Ee":" '.:'0 ALL CLi'LIHS AND CEFEN'm::s WHICH THE DEBTOR COULD ASSERT AGAINST THE SELLER OF GOODS OR SERVICES OBTAINED PURSUANT HERETO OR WITH THE PROCEEDS HEREOF. RECOVERY HEREUNDER BY THE DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR HEREUNDER. NOTICE TO BUYER: (1) BLANK SPACE. (2) YOU UNDER THE LAW, YOU HAVE CONDITIONS TO OBTAIN A DO NOT SIGN THIS AGREEMENT BEFORE YOU READ IT OR IF IT CONTAINS ANY ARE ENTITLED TO A COMPLETELY FILLED-IN COPY OF THIS AGREEMENT. (3) THE RIGHT TO PAY OFF IN ADVANCE THE FULL AMOUNT DUE AND UNDER CERTAIN PARTIAL REFUND OF THE FINANCE CHARGE. BUYER(S) ACKNOWLEDGE(S) RECEIVING A COMPLETED COPY OF THIS CONTRACT AND INTEND(S) TO BE LEGALLY BOUND BY ITS TERMS. BUYER(S) : I 1_.-ZArfi)yf}', :"",L k[ /d"--<:rJ , I AGREE TO REPAY ALL AMOUNTS DUE ON THIS LOAN IF THE BORROWER(S)jBUYER(S) FAILS TO DO SO ::U::::::::N:=~~=:-=~~E NOTE: TRANSCRIPTS OF A STUDENT'S RECORD WILL NOT BE RELEASED IF LOAN PAYMENTS TO THE COLLEGE ARE IN ARREARS OR DEFAULT. DATE: DICKINSON COLLEGE g-Cj-9:;- BY CJJ-;LJ' P--. 4 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 conect 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 1 knowingly make false averments, I may be subject to criminal penalties. Dickinson College 03n~.~ 7 Thomas Meyer Bursar Dated: () ~ Jt1 fl ~ "\ _ trt - ..t: r--. ~ w ~y ~ ~?=- ~ l? ~ . ~:} () -n -~ -,~\ -< ~,'-\ ~ '~;~../-;;) ~..."" . ..,'u -" t>.\' r..,~.? -- r0 . F\F1LES\DA T AFILE\DickinsonCollege76] 9\Collections\CurremIJO I_pral/ajl C[eateJ <j{20i()4 (),06PM Revised 3/2/05332PM David R. Galloway, Esquire MARTSON DEARDORFF WILLIAMS & OTTO 10 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, 05-753 CIVIL ACTION-LAW ANNIE A LOCKHART & LEONARD HOCKHART, Defendant JURY TRIAL OF TWELVE DEMANDED PRAECIPE TO DOCUMENT SERVICE AND COST OF SERVICE PURSUANT TO THE PENNSYLVANIA LONG ARM STATUTE I hereby certify that a copy of the Complaint was mailed to Annie A. Lockhart on February 1], 2005, by certified mail, restricted delivery, return receipt requested. Attached is the Post Office return receipt signed and dated February 24,2005, and a copy of the receipt showing the cost of service was $8.15. MARTSON DEARDORFF WILLIAMS & OTTO , By David R. Galloway, Esquire I.D, No. 87326 10 E. High Street Carlisle, P A 17013-3093 (717) 243-3341 Date: March 3, 2005 Attorneys for Plaintiff . SENDER COMPLeTE THIS SECTION . . . Complete items 1, 2, end 3, Also complete ~em 4 if Restricted Delivery is desired, . Print your name and address on therev~'i' so that we can return the card to you. ~ -i 'j < .' . Attach this card to the back of the mallpr_, or on the front if ~pace permits. 1. Article Addressed to: DAgen! D Addressee C. Date of Delivery -2..4 -0) Dyes D No /tis .4NNt G ltXJ<tf/ld t{OJ E:H.HON~ lYe. 4Pr. ;)./9 ?,e,N(&70N I NT otS'IiJ- &507 3, ServIce Type JIl CertIIIed Mall D Express Mall (] Registered D Retum Receipt for Merchandl.. D Insured Mall D C.O.Q, 4. R_OeIIwIy?/&fnIFee) Yes 2. Article Number (Transfer from _label PS Form 3811, August 2001 7003 3110 0004 5772 7461 Domestic Return Receipt 1 02595-02.M~ 1540 rl -" =r C'- U,S, Postal Service," CERTIFIED MAIL. RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) =r o Certified Fee o o Return Reciept Fee S 1.75 (Endorsement Required) o Restricted Oeiivery Fee $3 50 M (El1durs8flH.i,ll1equired) . rl fTl fTl o o C'- Postage $ $0.60 ru C'- C'- en ("\", ,,>,..., ;,:,:.,", PRJIMlEr8R Il\J 011540 t . CERTIFICATE OF SERVICE I, Ami J. Thumma, 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 follows: Ms, Annie Lockhart 401 Emmons Dr., Apt. 219 Princeton, NJ 08540-6507 MARTS ON DEARD F WILLIAMS & OTTO By Ami J. Thu Ten East Hig Street Carlisle, P A 17013 (717) 243-334] ~ Dated: March 3, 2005 1'.' <..II I W r,) r..) C~) F',FILES\OAT AF1LE\Dickil1soI1College7619ICollectiOlls\Cun-entIJO I \pra2 Created 3/10i05034PM R~\'ised 3/]0/05 (j46PM 7619C301 George B, Faller, Jr., Esquire MARTS ON DEARDORFF WILLIAMS & OTTO 10 East High Street Carlisle, P A 17013 (717) 243-3341 Attorneys for Plaintiff DICKINSON COLLEGE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 05-753 CIVIL ACTION-LAW ANNIE A. LOCKHART & LEONARD LOCKHART Defendants JURY TRIAL OF TWELVE DEMANDED PRAECIPE TO DOCUMENT SERVICE AND COST OF SERVICE PURSUANT TO THE PENNSYLVANIA LONG ARM STATUTE I hereby certify that a copy of the Complaint was mailed to Leonard Lockhart on February 11,2005, by certified mail, restricted delivery, return receipt requested. Attached is the Post Office return receipt signed and dated March 4,2005 and a copy of the receipt showing the cost of service was $8.15. MARTS ON DEARDORFF WILLIAMS & OTTO By George B. er, Jr., Esquire I.D. No. 49813 10 E, High Street Carlisle, P A 17013-3093 (717) 243-3341 Date: March 10, 2005 Attorneys for Plaintiff SENDER COMPLETE THIS SECTION A. Signature . Complete ilams 1, 2, and 3, Also complete nem 4 ff 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 mailplece, or on. the front if space permits. 1. ArtJcle Addressed to: O. Is dellve1y add.... different from 110m 1? C Yes If YES, enter delivery address below: 0 No MI. LElJ/lfMD LOCl<ffM:l f{L &x /79 C!..HItIS77I1NSff.1) / VA L)O~/-/7SL 2. Article Number (Transfer from service label) PSForTn 3811. August 2001 . 3, Senllce Type Ill[ Certified Mall lJ Expl<lS8 Mall C Registered C Retum Receipt for Merchandise Clnsured Mall C C.O,O, 4. Restricted Delivery? (Extra Fee) Yes 7003 3110 0004 5772 7454 DomestIc Ret~rn Receipt 102595-02-M.;1540 ::J' U1 ::J' ['- ru ['- ['- U1 U.S. Postal Service,. CERTIFIED MAILM RECEIPT (Domestic Mai' Only; No Insurance Coverage Provided) CHAlfir'ARsltll tiJ llo821 Postage $ $0.60 $2.30 $1.75 ::J' o D Return Aeciepl Fee o (Endorsement R6<Wlred) Certilied Fee o Restricted Delivery Fee ~3.50 M (Endorsement Required) ~ Tolaf PostJige & Fees ~ $8.15 [TJ o o ['- 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 Carlisle, P A, first class mail, postage prepaid, addressed as follows: Mr. Leonard Lockhart P.O. Box 1752 Christiansted, VA 00821-1752 Ms. Annie Lockhart 401 Emmons Dr., Apt. 219 Princeton, NJ 08540-6507 MARTS ON DEARDORFF WILCMS & OTTO .~~/ By ,~ t - Jean T lor 10 E.jgh Street Carlisle, PA 17013 (717) 243-3341 Dated: March 10, 2005 ...i.l - \ .. \.. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DICKINSON COLLEGE, Plaintiff Defendants ) ~ NO. 05;- '7S-c3 C~u~l"--r~ ) CNIL ACTION-LAW} ) ) ) ) ) JURY TRIAL OF TWELVE DEMANDED v, ANNIE A. LOCKHART & LEONARD LOCKHART ANSWER TO COMPLAINT Comes now, Defendant Leonard Lockhart, Defendant Pro Se, hereby files his answer to the Complaint of Plaintiff, Dickinson College, and hereby states as follows: 1. Defendant admits to allegation one(l) of Plaintiffs Complaint. 2, Defendant admits to allegation two(2) of Plaintiffs Complaint. 3, Defendant neither admits nor denies allegation three(3) of Plaintiffs Complaint. 4. Defendant denies allegation four(4) of Plaintiffs Complaint since exhibit (A) does not contain a true or accurate signature of the Defendant Leonard Lockhart, and defendant Lockhart denies signing the same, 5, Defendant neither admits nor denies allegation five(5) of Plaintiffs Complaint. 6, Defendant neither admits nor denies allegation six( 6) of Plaintiff s Complaint. 7, Defendant neither admits nor denies allegation seven(7) of Plaintiffs Complaint. 8. Defendant neither admits nor denies allegation eight(8) of Plaintiffs Complaint. 9. Defendant neither admits nor denies allegation nine(9) of Plaintiffs Complaint. .. , - Dickerson College v. Lockhart Answer to Complaint Page 2 10, Defendant neither admits nor denies allegation ten(10) of Plaintiff's Complaint. 11, Defendant denies allegation eleven( 11) of Plaintiff's Complaint. 12, Defendant neither admits nor denies allegation twelve(12) of Plaintiff's Complaint. 13, Defendant neither admits nor denies allegation thirteen( 13) of Plaintiff's Complaint. 14, Defendant neither admits nor denies allegation fourteen(14) of Plaintiff's Complaint, 15. Defendant neither admits nor denies allegation fifteen(15) of Plaintiff's Complaint. Respectfully submitted, DATED:3172.:?pS- j..,_~P-1/ ~r~~ Leonard Lockhart Defendant Pro Se P,O, Box 6250 Sunny Isle, St. Croix 00823 :\ - _nFI.LES\OATAF1LE\'OiCkinSOnC01\ege7619\COllectionS\CUrrent\301\pra3 Created: 4/7/0542IPM kC"lsed: 4/8105 8:10AM 7619CJOl 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 F CUMBERLAND COUNTY, PENNSYLV IA V. NO, 05-753 CNILACTI0N-LAW ANNIE A. LOCKHART & LEONARD LOCKHART Defendants JURY TRIAL OF TWELVE DEMANDED PRAECIPE TO THE PROTHONOTARY: Enter default judgment in the above-captioned action in favor of Plaintiff and a ainst Defendant, ANNIE A. LOCKHART, as follows: Principal plus interest through January 20, 2005: $ 1,239, 0 Interest from January 20,2005 through April 8, 2005: $ 25. Attorneys' fees: $ 500,0 Total Judgment: $ 1,764.7 Costs of suit and interest accruing at $0.33 per day from April 8, 2005, shall be added t the Judgment for Defendant, ANNIE A, LOCKHART'S, failure to file an Answer to the Complai I. I do hereby certify that a written notice of intention to file this Praecipe (in the form attac ed hereto) was mailed to Defendant, ANNIE A. LOCKHART, at her last known address on March 22, 2005, which date was subsequent to the date default occuned and at least ten (10) days prior to the date of the Praecipe. M F WILLIAMS & OTT Dated: April 8, 2005 By Oavi . Galloway Attorney 1.0. 87326 Ten East High Street Carlisle, P A \7013 (717) 243-3341 Attorneys for Plaintiff i.i.';"..;, , 1.1',1'\1 ,',1',( .Iul David R. Galloway, Esquire MARTSON DEARDORFF WILU/\MS & OTTO Ten East High Street Carlisle,PA 17013 (717) 243-3341 Attorneys for Plaintiff DICKINSON COLLEGE. Plainti ff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL ANIA v. NO. 05-753 CIVIL ACTION-LAW ANNIE A. LOCKHART & LEONARD LOCKHART Defendants JURY TRIAL OF TWELVE DEMANDE TO: ANNIE A, LOCKHART IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WR TTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WIT THE COURT YOUR DEFENSES OR OBJECTIONS TOTHE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTI E, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORT ANT RIGHTS, YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU 0 HA VE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. OFFICE CAN PROVIDE YOU WITH INFORMA nON ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE AB TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER L GAL 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, P A 17013 Telephone:(717) 249-3166 Date: March 22, 2005 o r' CERTIFICATE OF SERVICE 1, Jean Taylor, an authorized agent of MARTS ON DEARDORFF WILLIAMS & 0 TO, hereby certify that a copy of the foregoing Praecipe was served this date by depositing same n the Post Office at Carlisle, P A, first class mail, postage prepaid, addressed as follows: Mr. Leonard Lockhart P.O. Box 6250 Sunny Isle, St. Croix 00823 Ms, Annie Lockhart 40 I Emmons Dr. Apt. 219 Princeton, NJ 08540-6507 MARTSON DEARDORFF WILLIAMS & OTT .--------/" ~ / . " ',,\ / I ,~, .' =/. I ,(,., ,~ By Jean Ten ast High Street Carlisle, P A 17013 (717) 243-3341 . Dated: April 8, 2005 ~ 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 F CUMBERLAND COUNTY, PENNSYL V NIA v. NO. 05-753 CIVIL ACTION-LAW ANNIE A. LOCKHART & LEONARD LOCKHART Defendants JURY TRIAL OF TWELVE DEMANDED TO: ANNIE A. LOCKHART, DEFENDANT NOTICE OF ENTRY OF DEFAULT JUDGMENT You are hereby notified that on April_, 2005, the following Judgment was entered agai st you in the above-captioned case as follows: Principal plus interest through January 20,2005: Interest from January 20,2005 through April 8, 2005: Attorneys' fees: Total Judgment: $ 1,239,0 $ 25,7 $ 500.00 $ 1,764.74 Costs of suit and interest accruing at $0.33 per day from April 8, 2005, shall be added to t e Judgment for Defendant, ANNIE A, LOCKHAR:'s, failure to fil~}l)AnSwer to the Complain. (I --UA/W 1\ ,L _ Prothonotary I hereby certify that the name and address ofthe proper persons to receive this notice unde Pa. R. Civ, P. 236 is: Ms. Annie Lockhart 401 Emmons Dr. Apt. 219 Princeton, NJ 08540-6507 Date: April 8, 2005 F WILLIAMS & OTTO By David R, Galloway Attorneys for Plaintiff ~0 ~~ -) ~ ~ ~ t:J ~0 t ...I:. -..J. c- ~"'-, ~, 1 =t:. (') <;;?; ~ c "", -~ "'" .""~ <:;; ~-n -q:;,~: n'I;' r11F ~;!~l";:: ;;0 I -=h1:3 ~~~ (:..' Cf) 90 ~-, ~;~~ ~~:~ -0 _" _..J -i-'" Qo "r-rT\ :>>(: ~ 9. :J ?ti _.~ c:> \.P .-< ;S;' - F \FI LES\DA T AFI LE\DickinsonCoilegc 7619\C olleel iOrlslCurrellllJO j lpet j Created: 5/9105 3:05PM Revised 5/11105 0:50PM 7619C.301 David R. Galloway, Esquire LD. 87326 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. 05-753 CIVIL ACTION-LAW ANNIE A. LOCKHART & LEONARD LOCKHART Defendants JURY TRIAL OF TWELVE DEMANDED PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: David R. Gallowav. Esquire, counsel for the plaintiff in the above action, respectfully represents that: I. The above-captioned action is at issue. 2. The claim of the Plaintiff (Leonard Lockhart) in the action is $1.764,74, The counterclaim of the Defendant in the action is $ The following attorneys are interested in the case(s) as counsel or are other wise disqualified to sit as arbitrators: O::lVltl R O::ll1ow::IY P'-'CJ.1I1rf': ::Inti M::lrt",on Df':::IrtiorffWl111::1m", ::Inti Otto WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. '-' By Attorneys for Plaintiffs ORDER OF COURT AND NOW, this day of , 2005, in consideration of the foregoing petition , Esq., , Esq., and , Esq. are appointed arbitrators in the above-captioned action as prayed for. By the Court, Date: P.I. C) r-',_~ c::::> ~.-:) ~ Q .:j' t~;:'1 '~_FI " ~ '~~ vI _.1. IT; .. ",-, " r":J ~ V - :'Sl...... -C ~ ~ " G -' , " -. ---..') C'; F IFI LESIOAT AFI LE\D;ckin,onCollege7619IC olleclionsICllrre\\(1,30 I \pet I Cre~led: 5/9/053:05PM Revised: 5/1110S O,501'M 7619C,30J David R. Galloway, Esquire I.D. 87326 MARTS ON 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. 05-753 CIVIL ACTION-LAW ANNIE A. LOCKHART & LEONARD LOCKHART Defendants WRY TRIAL OF TWELVE DEMANDED PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: David R. Gallowav. ESQuire, counsel for the plaintiff in the above action, respectfully represents that: 1. The above-captioned action is at issue. 2. The claim of the Plaintiff (Leonard Lockhart) in the action is $1.764.74, The counterclaim ofthe Defendant in the action is $ The following attorneys are interested in the case(s) as counselor are other wise disqualified to sit as arbitrators: n::Jviri R n~llnw::lY P"l'"{nirp: :mrJ M~rt~fm f)PHrtiorffWiJliHt1'1~ ~nci Otto WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. M \... By Attorneys for Plaintiffs ORDER OF COURT lo~ ~ ~ ' . _'.. AND NOW, this j day Of. ~ ..' 2005, in consl.'.deration of the fon;going petition b.(J~ )o~ r"ESq.,~d!c/u . ;-'" Esq., and )%ltM~~L"d~Sq. are appointed arbitrators in the above-captione actIOn as prayed for. I Date: PJ. r-' CJ c:;::> r~:::;t -C'l -.:;5'\ c; -::5 ~,-~ :1": ~ U\ -,...;. n~ ~ ~ "" - " r'" ----- -, ~ 3l- C' ...c.. (,;) ...c: ~ Cl X:'" U\ -..D ~. ~ ""I;' ' t'.,;!J"" ' ~ \ '<1 (' \ 1 ,'\.1 oD~7, I... \:'<< \"'" tl' j,-,,"t ':I '~v' ~;. '. ,,, ",Y'>" [\'c,j 'j,li. -:,0 /'.u'/J......, ",,' \;..~.J ..r-,-nJ 'J,t""",.U\ \~ J:; \1"3 '" ,. .,.,,~ ~ .1 1'(' / (I ;..J . / . 1 ~ <J." (n tJ C '" In The Court of Common Pleas of Cumberland PI'" fff &IDI _ ~ County, Pennsylvania No.~- 7<;- 5 fL,t' .A. Lcf.<lwf ",j LttYIajLdc?.rf- Defendant Civil Action - Law. ~. Oath We do solemnly swear (or affirm) that we will support, obey and defend the Constitution ofthe United States and the Constitution of this Commonwealth and that we will discharge the duties of our office with fidelity. 'N/! ~ A -1 Signature o~~ Signature ~ Signature {{..r Lu-"'/ L L~b~(r)r. Name (Chairman) , ~",,,..AS fIJ. .1.vo...F~~ Name Name \v...+:~k tJ fl<;{O(:.fr.r:lf. (. Law inn P6 13. IL.\, { st - Address . rAC,f, 1,)u~J.W,,,,r1I,'''''' Law Finn Law Finn 5"{J1O E: _~,""oi-€ W, ~,rr... -z" 'l..... Address Address {II ~ fl" A,~rz, fA. ( 7> l) 7 City, ./ ~ Zip /11.<,)"'1"""".'4 IIP5'O City, Zip City, Zip (-b...,~e'\ f, Award We, the undersigned arbitrators, having been duly appointed and sworn (or affirmed), make the following award: (Note: If damages for delay are awarded, they shall be separately stated.) ifP r f /0.' t>'" c;,;'; c.. c; '_ bh.~./"" 1- !-O,^CdJ Loc fct,~./"f- >, fLc $' J../Tir. /6 ,d/'-5 (o,>1~ of -I6,v,/, (J~;,,'.k.! L~<-J u.~Lc~t- /'J /lG>1 <.(/r<,... IIG:~ kf-F 10 ,r: ~ .-...J,:t r.' 1 . Arbitrator, dissents. (Insert name if applicable.) Date of Hearing: (D ( I ",(0 s,- Date of Award: lot (crt ~S tt:;/~ ~ 9 Q ~nnan) Notice of Entry of Award i:> Now, the IS~ day of C9~ ,20 0.;' ,at.:<: '/ r ,(f> .M., the above award was entered upon the docket and notice thereof given by mail to the parties or their attorneys, Arbitrators' compensation to be paid upon appeal: $ .:l q 0, t.lV By: Deputy ~~ 10 j;'{)~ '\.._A.fJ,{)J~{)' ~ ~L (JO. Pfr{ y_ ~ oOg;.3 ~~I /;J..5>:> ,...., c::> C~,,) ,~..r\ 9 , . ~) <~'., ,-~ 4-1 -l ~~t~! r:? _r.:- CO F:\FILES\Clirnts\7619 Dickinson College\Collx[ions\Cunrnt\301 V619C.301.pra2 Christopher E. Rice, Esquire 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 a~ ~~~~~~a~°s3~i~o~~~;~~r, 2Q10 OCT f I PM ~~ I Z CUMBERLAtd~l C~Ui~T~~ ~~N~lS~'LVAhlfA DICKINSON COLLEGE, Plaintiff v. ANNIE A. LOCKHART & LEONARD LOCKHART Defendants To the Prothonotary: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. OS-753 CIVIL TERM JURY TRIAL OF TWELVE DEMANDED PRAECIPE Please mark the judgment in the above-referenced matter satisfied and the action discontinued. MARTSON LAW OFFICES By: ~~~ S ~ Christopher E. Rice, Esquire I.D. No. 90916 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff Date: ~p f /~~D CERTIFICATE OF SERVICE I, Mary M. Price, an authorized agent for 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: Ms. Annie Lockhart 2114 Sherman Avenue, Apt. 2W Evanston, II. 60201 MARTSON LAW OFFICES By / << D M .Price Ten st High Street Carlisle, PA 17013 (717) 243-3341 Dated: ~ 6/~~ I~U This is a debt collecting firm attempting to collect a debt for Dickinson College. Any information gained from this communication will be used for that purpose