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Home My WebLink About05-0755 FIFILESIDAT AFILE\DickinsonCollege7619\CollectionsICurrent\300-coml ,wpd Created: 3/17/03925:57 PM Revised: 2110/058:53:41 AM 7619C300 David R. Galloway, Esquire MARTS ON DEARDORFF WILLIAMS & OTTO Ten East High Street Carlisle, P A 17013 (717) 243-3341 Attomeys for Plaintiff v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. oS - 7!;-S Cl-u~l~VL.""l CIVIL ACTION-LAW DICKINSON COLLEGE, Plaintiff, MERA ROBINSON and MELYAPAK, 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 attomey 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 YOUDO 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 ELIGffiLE PERSONS AT A REDUCE FEE OR NO FEE: Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 MARTS ON DEARDORFF WILLIAMS & OTTO Dated: February 10, 2005 By Davi R. Galloway, Esqui I. D. Number 87326 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff 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. MERA ROBINSON and MELYAPAK, Defendants. NO. :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, Mera Robinson, (hereinafter "Parent"), is an adult individual with a last known address of P.O. Box 743, Pleasant Valley, New York, 12569. 3. Defendant, Melya Pak, (hereinafter "Student"), is an adult individual with a last known address of 4148 South Crystal Court, Apt. 1328, Aurora, Colorado 80014-4233. 4. On or about March 23, 2000, Parent and Student entered into a Promissory Note (Note #1) with Plaintiff for the financing of $2,475.00, plus interest, for educational services and benefits to Student at Plaintiffs institution. A copy of Note #1 is attached hereto as Exhibit "A." 5. On or about November 9, 2000, Parent and Student entered into an additional Promissory Note (Note #2) with Plaintifffor the financing of$7,235.00, plus interest, for educational services and benefits to Student at Plaintiffs institution. A copy of Note #2 is attached hereto as Exhibit "B." 6. The collective principal for Note #1 and Note #2 was $9,800.00. 7. Note #1 and Note #2 grant Plaintiff reasonable collection and attorneys' fees which Plaintiff has calculated to be $1,470.00. 8. As of January 20, 2005, the principal and interest due and payable by Parent and Student to Plaintiff is $11,604.07, plus interest accruing in the amount of$1.81 per day from January 20,2005. 9. Parent and Student stopped making monthly payments on Note # 1 and Note #2 on or about October 1,2002. 10. As ofJanuary 20, 2005, the outstanding balance of$II,604.07, represents the total and actual overdue value ofthe financing provided to Parent and Student under Note #1 and Note #2 for which they have yet to pay. 11. Plaintiff fulfilled, performed and complied with all obligations and conditions of Note #1 and Note #2. COUNT I BREACH OF CONTRACT Dickinson Collel!e v. Mera Robinson and Melva Pak 12. Plaintiff hereby incorporates by reference the averments contained in Paragraphs 1 through 11 of this Complaint. 13. Parent and Student breached the expressed and implied obligations, conditions and terms of agreement of Note #1 and Note #2 by failing to pay the amounts financed therein. WHEREFORE, Plaintiff demands judgment against Defendants, Mera Robinson and Melya Pak, in the amount of $11,604.07, plus interest in the amount of $1.81 per day from January 20, 2005, collection and attorneys' fees in the amount of $1 ,470.00 and costs of suit. COUNT II IN QUANTUM MERUIT Dickinson Collel!e v. Melva Pak 14. Plaintiff hereby incorporates by reference the averments contained in Paragraphs 1 through 13 of this Complaint. 15. Having requested Plaintiff to loan money, and doing so to the benefit of Student, Student became liable to Plaintiff for said money. 16. Student has been mVustIy enriched by accepting said money without paying Plaintiff reasonable compensation therefor. 17. The total amount by which Student has become enriched is $11,604.07, plus interest in the amount of$1.81 per day from January 20,2005. WHEREFORE, Plaintiff demands judgment against Student in the amount of $ll ,604.07, plus interest in the amount of$1.81 per day from January 20,2005, collection and attorneys' fees in the amount of$I,470.00 and costs of suit. MARTS ON DEARDORFF WILLIAMS & OTTO By David R. Galloway J.D. No. 87326 Ten East High Street Carlisle, P A 17013-3093 (717) 243-3341 Attorneys for Plaintiff Date: February 10, 2005 /Z'/!.) -0/ DICKINSON COLLEGE FLEXIBLE FINANCING SYSTEM - PLAN A EDUCATIONAL GOODS AND SERVICES RETAIL INSTALLMENT CONTRACT March 23, 2000 I.Seller:Dickinson College, Carlisle, Pennsylvania 17013 Buyer(s):Mera Robinson 56 Essex Avenue Maplewood, NJ 07040 Ifthere 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 Educational Goods and Services Retail Installment Contract (the "contract"). Under the terms of this Contract, you have agreed to pay the expenses incurred for Goods and Services (as hereinafter defined) to be provided and rendered, as the case may be, to Melya Pak (hereinafter "Student") during his/her enrollment at Dickinson College during the 2000 academic year, including tuition, room and board, books and supplies as herein stated (collectively the "Goods and Services"). II. TERMS OF PAYMENT AND PAYMENT SCHEDULE Disclosures Required by Federal Law ANNUAL FINANCE AMOUNT TOTAL OF TOTAL SALE PERCENTAGE CHARGE: FINANCED: PAYMENTS: PRICE: RATE: Dollar Amount Amount of credit Amount paid by Total cost of Cost of credit as credit will provided by Buyer as total of all purchase on credit yearly rate cost Buyer Dickinson College scheduled including down payments payment of Prior to repayment: 11% $27,260.00 During repayment: 11% $1915.17 $2,475.00 $4390.17 $29,735.00 Rev 10/99 EXHIBIT "A" Pak Buyer's payment schedule will be as follows: Number of Payments Amount of Payments When Payments are Due monthly commencing 04/28/00, and continuing until 09/28/03 or such time as Student is no longer emolled at 44 $22.69 Dickinson (or in an approved full-time off-campus program of studies), whichever is earlier. monthly commencing 10/28/03 or such time as Student is 72 $47.11 no longer emolled at Dickinson (or in an approved full- time off-campus program of studies), whichever is earlier. Annual Percentage Rate: the Annual Percentage rate disclosed above is a fixed rate for the life of the contract. Late charge: If a payment is more than 15 days late, a sum equivalent to 5% ofthe 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 VI OF THE CONTRACT BELOW FOR ANY ADDITIONAL INFORMATION ABOUT NON- PAYMENT, DEFAULT AND REQUIRED REPAYMENT BEFORE THE SCHEDULED DATE FOR REPAYMENT OF THE AMOUNT FINANCED. III. ITEMIZATION OF AMOUNT FINANCED 1. Cash price of Goods and Services: $ 29,735.00 2. Total down payment: 27,260.00 3. Unpaid balance of cash price (1 - 2): 2,475.00 4. Amount paid to others on Buyer's behalf: - 0- 5. Amount Financed (3 + 4): $ 2,475.00 2 IV. CREDIT INSURANCE Credit life insurance for the tem 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 TIlE GOODS AND SERVICES COVERED BY THIS CONTRACT UNLESS BUYER HAS BEEN GIVE N A SEPARATE WRITTEN WARRANTY. VI. ADDITIONAL PROVISIONS 1. Buyer agrees to pay Seilerthe Total Sale Price by making the total down payment and paying Seller the Total of Payments in the number and amount of monthly payments shown in the Payment Schedule. Payments are due on or before the same date of each month as the first payment date. Payments must be made to EFG Technologies, Inc. at the following.address: EFG Technologies, Inc. P.O. Box 64974 St. Paul, MN 55164 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 committed an "Event of Default" of the Canrract 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 disnonesty, (I) insolvency or bankruptcy of any Buyer. 4. Upon or after the occurrence ofany 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 time, amount and performance necessary to cure tlte default. If Buyer does not cure tlte 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 otlter 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, tltat provision snail be deemed not to have been a part oftltis Contract, which shall otherwise remain fully effective. 8. APPLICABLE LAW: This Agreement. whenever called upon to be construed, shall be governed by the domestic internal laws 3 of the Commonwealth of Pennsylvania except to the extent supplemented, superseded or preempted by federal law. 9. CONSENT TO JURISDICTION. VENUE AND SERVICE' The panies to this Agreement consent and agree that alllegaJ proceedings relating to the subject matter hereof shaU 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 panies hereto consent and agree that jurisdiction and venue for such proceedings shaJllie 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 shaU be binding upon the parties hereto, their heirs, successors, assigns and legal representatives. 11. TIME IS OF THE ESSENCE OF THIS CONTRACT. NOTICE: ANY HOLDER OF TIUS CONSUMER CREDIT CONTRACTIS SUBJECT TO ALL CLAIMS AND DEFENSES WIDC H THE DEBTOR COULD ASSERT AGAINST THE SELLER OF GOODS OR SERVICES OBTAINED PURSUANT HERETO OR WITH THE PROCEEDS HEREOF. RECOVERY HEREUNDERBY THE DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR HEREUNDER. NOTICE TO BUYER: (1) DO NOT SIGN THIS AGREEMENT BEFORE YOU READ IT OR IF IT CONTAINS ANY BLANK SPACE. (2) YOU ARE ENTITLED TO A COMPLETELY FILLED-IN COPY OF THIS AGREEMENT. (3) UNDER THE LAW, YOU HAVE THE RIGHT TO PA Y OFF IN ADVANCE THE FULL AMOUNT DUE AND UNDER CERTAIN CONDmONS TO OBTAIN A PARTIAL REFUND OF THE FINANCE CHARGE. BUYER(S) ACKNOWLEDGE(S) RECENING A COMPLETED COPY OF TIllS CONTRACT AND INTEND(S) TO BE LEGALLY BOUND BY ITS TE~S. . if / ' BUYER(S): t !~? i! 4-f:c /I-v~ , I AGREE TO REPAY ALL AMOUNTS DUE ON THIS LOAN IF mE BORROWER(S)/BUYER(S) FAlLS TO DO SO IN ACCORDANCE WITH THE TERMS OF mE NOTE: ,,"O'NTCO"= Yltcz'4 PM ~sc PTS. OF A STUDENT'S RE CORD WILL NOT BE RELEASED IF LOAN PAYMENTS TO THE COLLEGE ARE IN ARREARS OR DEFAULT. DATE: DICKINSON COLLEGE Lf--4-ClO BY~7jy\.QA j,Q^-_ \ --' 4 DEC- j-CiCi FE] _ _,,?M ~;]:Al~Cj.~,L f\:I" FAX NC. 1<Et~NEDYPIDCHIPTS Fa.: : 303-743-155(. 71724519 Dee 01 '~J 09:58 P.Ol f1- TT,' <; I}-U- y It ' J!. ~- c I{ EA/ ~ft;:~ 11 ~ DICKINSON COLLEGE FLEXIBLE FINANCING SYSTEM - nAN B EDUCATIONAL GOODS AND SERVICES RETAIL INSTALLMENT CONTRACT November 9, 2000 //~JO{:/ I. Seller: Dleldn.op CoUege, Carlisle, J'eJI.lIsylvani. 17013-%896 Buyer(s): Mera M. Robin'OD 1'0 llo" 111154 Aurora, CO 80042 Tf there i. more than one Buyer, eoch of you will be obligated, jointly and severally, for .11 .ums duo and for the perfonn.nce of oil agreements as provided in this Educational Goods and Setvice. Retaillnstsllment Contract (the .Contraot"). Under the term. of this Co"tract, you have agreed to pay the expenses incurred for Good. and Servioes (as heN.!nd\~ defined) to be provided ."d rendered, as tlu> case may be, to Melya Pak (hereinafter "Student") during hislhet e.nrollrrlCnt P.t Dickinson College during tile 2000-2001 academic year, including tuition, room and board, booles and supplies as "ere I" <tired (coUectiyely the "Goods and S~ces.). n. TERMS OF PAYMENT AND I'AYMENf SCHEDULE Disclosure. Required by Fedenl Law ANNUAL FlNANCE AMOUNT TOT4LOfi' TQTALSALE I'ERCl!:NTAGi: CHARGE: FINANCED: PAYMENTS: PRICE: RATE,. Dollar amount Amount of credit Amount paid by Total cost of Cosl of ",edit as yeotly credit win provided by Buyer as total purctJ;lSe on rate cost buyer Dickinson College or all scheduled ctedj~ including pa)'DIen~ down payment of 11l.500/. $5,342.60 $7,235.00 $12,577.60 530,900.00 $23.66S .00 Rev 07100 EXHIBIT "B" DEe-o\-oo FRI 02:33 PM FROM:7172451972 TO:S,UDENT ACCOUNTS PAGE =iE~,- F ~ j~: ~'t,[ ,ENNED'IR IDGERPTS "1,;.,1.1- r . '\'~""\. FAX NO. 7 i 724::1 ~ 972 Dec 01 '0009:58 P.03 p, 3 ~ : , Fax ~.o3-74.3-1556 IV. CR1lDlT INSURANCE ~ 1L\ Credt, life UlsUl"4D<' for tho t= of tha Contract iJ not required. V. NO WARAANTll!S THERE ARE NO W AAAANImS, EITI!ER. EXPRESSED OR IJv(PLIED, GIVEN BY SBLLHR IN CONNBCTION WITH SALE OF Tlffi GOODS AND SERVlCES COVERED BY nus CONTRACTUNL.ESS aUYElUiAS BEEN GIVIiN A SEPARATE WRITIliN W ARPJ\NIT vI. ADDmONAL PROVISIONS 1. Buyer a~' to pay S.ller the Total Sale Priee bymolcins 1he total downpaymOllt and pal'ini Seller tho Total o{Paymonl.< in 1he numb..- ud IlIlDllnl o(monthly P'Y"""'l" ,hown in the l'aymon' Schedule. paymenro ar. duo Oll or be(OI1llhe aunoo ut.> ofea<;~ IIlOIlth .. l!lo fin! pa)"lIlOllt dole. PaYJ1l"llIS IZlIUt be <tade to EFG TecllDo1ogie., Inc. at the followmg addr<os: EJlOT~, hl<. PO BOll 2901 WilllltoJ>-Sal.... NC 27102 2. Buyor'.legal rlghlS include thori.lhllO p.y all orp... nfrh. llJll<lunts due 00 rhio Coouaet lnod>'lll1C. ofthok dwo da~ to obtr.ln. ..fund or trodil afUOllltlled l'inIllec CharSe wl10never the amoutIt;" peid in lUll in adv"""e, aDd (with Seller', eOIlJOll.) to reiDmte th. Contract if Buyer _Jy '"""" lIlY d.ef.aull 3. Buyor sWI be deemed to have committed an "Ilveut ofDollIult" of the Contract upOn the 0== of allY of the followirlg: (0) f~lOmakelllYpa)l1llOlllonorbcro," 1he cl.a!c lr i1 dWo, (b) foiIun mlll3lc, apa)'lMBtan UlY other Contract~_s.nor, (c) failure to pcdotm any orherpravision ofth. Controct, (d) proVidlzJs SeUer with &l.le lnformalion or .iptures, (e) death. mcom:petenee, or coevictiol\of AllY Buyl:t of crimi: inyolvm, bud ot'dWlonescy. (1) imol_ey or _ptcy ol."y Buyer. 4. Upon or a&r tho o,,,,,,.r__ ol""'f Evem ofDefau1t, Seller will provide Buyer with 1lOtice, by eortifiodmail u "q\lbod by law, ad<lressed to Buyor'. wt blown adckess .. shown on SoUor'. records, adv!sins BllJOf of the de!oult OIld af!luycr'a right 19 = tho oefllult. The nolice will proYido die limo, amolml and p~' ...eeo<ary 10 ""'" 1hc d.efaull. lfBuyor doc. IlOt cure the dofoult .. provldod ill tho IlOd:e, Sen.r. ri;luo ollalI iIlolDdo d>e TlghIIO dcoI.ua all... d1""1II4/ll1e- III lla '=-~ doe and payable. Tholluyet _ to pay all.ttomoy'. tI:e, aIld other reuorW>le eaUeetlO1l COlIS aDd c:!I.uJl:I ne<euUy fat tho collection of"'Y _t DOt psld when duo. 5. Waiver by Sellot of _ EVOlIt ofDd'ault .hall not be binding UpolL Seller if Soil... should 1iIemI&r cllOOOlC to oxerclso 1h.at at my atlw right or a rimiIar Event ofD,fuull OCctlr! later. AU Selk:t'. right! oud <eSllOdi.. aholI be C1WIIIlalive. Sellct'. OlC4ltCi!. of on" or more tight! oha1l not "'use Sellu to 10.. "'Y otho.- Debt>. 6. This Canl>aCl i. ~ly o;oignobl. by SeUer. Buyer "l!1"ee' llla. upon receIving notioe of rho U&igorao:nt Buy.. .ball be obll&at<d lO the As.ill'lCo of Ibis CoItIt"'~ wbieh MSig>u>a ohallbAve aU of Sellers tight md telllOdI... 7. If UlY jllIrl of rhi.s CaDtraCt is bold to be U1egil, void or Illl/:Illbn:..ble, lhAl provision shall bo do<<ned 1lc1l1o ban becll. a part of tWo Col1lnc~ which sball otll.....,;;. lO!!ZIain l\IIIy elleetiw. . 3 DEC-Ol-00 FRI 02'35 PM FROM:71724519~2 TO: STUDENT ACCOUNTS PAGE 3 :"'EC- \- ':'l[ ::I:,!AT:'~~AL ~.:D .- t. _ . ~ :- i'lL - ,. KENtEDYRJOC.nVS Fax: 303-743-1556 FAX NO. '71 '7id~ \0.1'7 I I I.... ..J ..} I ~ Dee 01 '00 09:53 P .01\ y 4 - , Melj CL.?oJ( tj1~ Al'PUCABLI1 LAW, nu. Agro~ whenever called upon to be C()~d, slWl b. go""""! by tbe dotncstic lutetnallJ.ws of the Commonwealth of1'""""ylv.,.;. exoo;p! to lbe extOll1 supplcmet>ll!d, ~od or pIeet<lpred by fe&rall.w. 8. 9. CONSENrTO 1UR!SDICTlON. V!!NUE AND SERVICE: The p<lI1ies \l) this Av-tcnll$ent and asc..: u..t aU legal proceedings reltting to tho !ubi"'! matter hereof sholl be "";"";""<1 in 1M Court of Common Pt.... of CumberloM County, Pe_ylvllDla, 0<, If applicable, the Ullited SIAIo6 Di.llriot Court of the Middle Omot ofPCIlllIylvam., OJld all parties hereto consent aDd agree ~t juri:;diotiQll and venne fOr such proceediD&s shall lie =lu81vely w;d,in Slid eourt. S..-vlco ofprO<l'" in my such prOl:eeding lZllly be madO by eortiJiod ",.;t, return receipt requemd, directed to the re$pOClivo p&l1y at the .cl4ress set iOrtII above. 10. This Contract ,hall be binding upon the p~ herelo, their he"" sue...."", ...igDlllUld lopl ~llIli"".. II. TIME IS Of rnB ESSENCE OF T1lIS COmRACT. NOTICE: ANY HOWER 01' THIS CONSUMER CRIDIT CONTRACT IS SUBIECT TO ALL Cl.AJMS AM> DEFENSllS wmcn nm DSTQl.C()UL.I)AS$ttT AGAINST THll ~mT~ OF GOODS Oll.SERVTCllS oaTADII!D'Tm~I.)rnl.~ (lIP. WlTlf THIl PROCEWS HlUUlOF. RECOVERY lttR.EUNOE& BY nm Dll:8TOR SRALL NOT BJ(CESJ) AMOUNTS PAID BY THB DEBTOR HEREUNDJ;:l1.. NonCE TO B1JYEP.; (1) DO NOT SIGN nus AGREEMENT llEPOml YOU RBAD IT OR IF IT CONTAINS ANY BI.ANK SI'ACB. (2) YOU ME llN1TrLIIDTOA COMPLBTELYFlU.ED.IN COPY OFTRlSAOREEMErr. (3) UNDBRnmLAW, YOU liA VE nm RIGHT TO PAY OFF IN ADV ANCf. THIl FULL AMOUNT DUl! AND UNDER CllRTAIN CONDmoNS TO OBTAIN A PARTIAL REFUND OF 1HE PlNANCE CHARGE. BlJYER{S) ACKNOWLllOOE(S) :RJlCBJVINO A COMPLETED COpy OF !HIS CONnl.Act AND OO"5I:m(S) TO BIl ""'","YO_ BY '" """ 1 ' . B"""'''' :J JAAC ~ I AGREE TO REM Y ALL AMOUNTS DUB ON THIS LOANIF T!m BOIUl.OwnlS)lBl1'iER(S) FAILS TO DO SO IN ACCOR1)ANCe wrm THE TERMS OF TIll! NOTE: m~.d ~ TRANSCIUl'T OF A STUDENT'S lll:COllD WILL NOT BE RELI\ASKD IJ' loOAN PAYMENTS TO TIIE COt.LEGlt ARE IN ..uuutARS Ok >>UAtlLT. snmlSNr COSIGNER. ~ '" )ATE: DICJ:.lNSON COllEGE J J~ q-Oo . BY ~o.~ I..B 4 n~r_e'_e~ VD' n0,~, DM ~~OV.717?4S\972 TO:S~UDENT ACCOUNTS PAr.r Il VERIFICATION I, THOMAS MEYER, Bursar of Dickinson College, acknowledge that I have the authorit) 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 o~~ Thomas Meyer Bursar Dated: FIFILESIDAT AfILEIDickinsonCollege7619\Collections\CUTTenl\300_coml ,wpd -0 (:) I.Q ~~~ - ~ -... .t: \) ~~ ~ ~ ~ ~ 1- ~~ 0 '::'-2, "'0 C_'" .-.j -n -, -r' ,', eel ~i-cl c::J -- C'.~) -"'-'j -".., {~,? - - \2) F \FlLES\DA T AFI LEIDickinsonCollege7619lCollectionslCurrentl300\pra 1 Created 4151058:31AM Revised: 415105 I053AM 7619C300 David R. Galloway, Esquire MARTSON DEARDORFF WILLIAMS & OTTO 10 East High Street Carlisle, P A 17013 (717) 243-3341 Attorne s for Plaintiff DICKINSON COLLEGE, Plaintiff, IN THE COURT OF COM ON PLEAS OF CUMBERLAND COUNT PENNSYLVANIA v. NO. 05-755 CIVIL ACTION-LAW MERA ROBINSON and MELYAPAK, Defendants. JURY TRIAL OF TWELV DEMANDED PRAECIPE Please reinstate the attached Complaint against Defendants in the abov -captioned action and return same to the undersigned for service. MARTSON DEARDO W LIAMS & OTTO By ,/ David R. Galloway, Esq 1. D. Number 87326 10 East High Street Carlisle, P A 17013 (717) 243-3341 Date: April 5, 2005 Attorneys for Plaintiff .-.:> :It ~ .' ~ ..... -c. -n p"""" -:s'i? 3(1', ('5"2, /~tf'. ~~ ..,:J ;~ v:> 2 <0 -0\35 fJ)('\': , . ),..' 9C~ (j') :~ :::,<:,: G:.'-" 'j;f:.~::'\ ~p. c: -;:; ~ ~ fi\ ~ :;0 I (J1 . F, \FILESIDA T AFI LEIDickinsonCollege7619\Collections\Cunent\300\pra2 Created: 9/20/04 0:06PM Revised 4121105 948AM 7619C300 '. David R. Galloway, Esquire MARTSON DEARDORFF WILLIAMS & OTTO 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DICKINSON COLLEGE, Plaintiff, v. NO. 05-755 CIVIL ACTION-LAW MERA ROBINSON and MELYAPAK, Defendants. JURY TRIAL OF TWELVE DEMANDED PRAECIPE TO DOCUMENT SERVICE AND COST OF SERVICE PURSUANT TO THE PENNSYLVANIA LONG ARM STATUTE TO THE PROTHONOTARY: Please see the attached Affidavit of Service prepared by the Office of the Sheriff, Queens County, Jamaica, New York, showing Defendant, Mera Robinson, was served with the Complaint at 50-19 42nd Street, 1st FL, Sunny side, NY on April 12, 2005. ~:~~S&OTTO David R. Galloway'" "- J.D. No. 87326 10 E. High Street Carlisle, P A 17013-3093 (717) 243-3341 Date: April 21, 2005 Attorneys for Plaintiff . . .. Office of the Sheriff Queens County 144-06 94th Avenue Jamaica, NY 11435 (718) 298-7550 FAX (718) 298-7470 WINDOW #23 &VV'fVl.ON fL6t+s SHERIFF'S RETURN AFFIDAVIT of SERVICE COURT, STATE of ~/VN$yLVl4fVlI+, COUNTY of t!u/>'1&e.e.?-"''''1> 1)1 C kl;v So;0 a {. (<0.. r;c PLAINTIFFI'fTl TI.(JI. {Eli INDEX/DOCKET# 0)- 7rs- ~ ;11EJe. A JL'f.....t fa 6uu So,.:) DEFENDANTIRESPfJ.NPEII{T SHERIFF'S CASE# ,&b~ r' 6"3 STATE of NEW YORK) COUNTY of QUEENS ) SS: S;CUEl'..J :[ 't k.'!'i , being duly sworn, affirms that he/she is a Deputy Sheriff of the City of New York, being over the age of eighteen years, is not a party to this action or proceeding, and served the annexed (':>'imffi8fls) (Stffifl8Cna)~)~) (P@titiel'l) (Omer) , in the above titled action or proceeding on the /) f day of A- tPte, ( 20Q.C.., at approximately 3: 0 0 (am)/~ at: 5" () .- I q ""(.;!, 1::..."1> :S~ 'j I}.!' F L , In the borough of Queens, County of Queens. Service was made upon 111 t" tIC i+ eo (5,N J. ".J , the defenda9t1rssfl8Rdent, in the following manner: By delivering to and leaving with ,?.... <' '( .5Jt/IJ (! k z-- /;:~, t!' ^' .A , personally a true copy I thereof, said person being known as the person mentioned and described herein. (// <--7 II // The person served was a (male) (~m~) and approximately T (0 years of age, height.J J , weight / " () lbs. skin ~ ~ , hair ([; (/lee, Ie.. , other bY'~ J4 ' /. Deputy Sheriff NOTARY SWORN to (affirmed) before me 1A. ' This 13 day of ~ ()1J J~"-- 20 0 '5 JEFFERSON RODRIGUEZ Notary Publlc, State :.)f r~dW Yorlt No. 01 1\05069238 '. Qualified In QUd&I1S County~ CommiSSion EXpltt:l'$ NOli. 25.....!?:-V . CERTIFICATE OF SERVICE I, Jean Taylor, an authorized agent ofMartson 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. Mera Robinson 50-19 42nd Street, 1st FL Sunnyside, New York 11104. MARTSON DEARDORFF WILLIAMS & OTTO I By ~ Jea aylor last High Street Carlisle, PA 17013 (717) 243-3341 Dated: April 21, 2005 c~ ,- ......:) , .::.~~, ~::; ;~.~ () '-',1 :;;..- .-1 f:riC '~~: '.~' r~) -'rJ , , (:'''? U1 ~ ,:; .:..:;" 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, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 05-755 CIVIL ACTION-LAW MERA ROBINSON and MELYAPAK, Defendants. JURY TRIAL OF TWELVE DEMANDED TO: MERA ROBINSON, DEFENDANT NOTICE OF ENTRY OF DEFAULT JUDGMENT You are hereby notified that on ~~. ~ , 2005, the following Judgment was entered against you in the above-captioned c e as follows: Principal plus interest through January 20,2005: Interest from January 20,2005 through July 5,2005: Attorneys' fees: Total Judgment: $ 11 ,604.07 $ 300.46 $ 1.470.00 $ 13,374.53 Costs of suit and interest accruing at $1.81 per day from July 5,2005, shall be added to the Judgment for Defendant, Mera Robinson's, failure to file an Answer to the Complaint. {5{CL'h];; 1<. ;/1 Prothonotary I hereby certify that the name and address of the proper person to receive this notice under Pa. R. Civ. P. 236 is: Ms. Mera Robinson 50-19 42nd Street, 1st FL Sunnyside, NY 11104-3127 M Date: July 5, 2005 By Davi . Galloway Attorneys for Plaintiff Fe \FlLESIDA T AFlLE\DiCkinsonColI~ge7619\COlleClions\Current\JoO\Pfa3 Crealed 6/301059'03AM Revised: 7/5105 IO:18AM 76J9C.100 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, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v. NO. 05-755 CIVIL ACTION-LA W MERA ROBINSON and MELYAPAK, Defendants. JURY TRIAL OF TWELVE DEMANDED PRAECIPE TO THE PROTHONOTARY; Enter default jUdgment in the above-captioned action in favor of Plaintiff and against Defendant, MERA ROBINSON, as follows: Principal plus interest through January 20,2005: Interest from January 20,2005 through July 5,2005: Attorneys' fees: $ 11 ,604.07 $ 300.46 $ I .470.00 Total Judgment; $ 13,374.53 Costs of suit and interest accruing at $1.81 per day from July 5, 2005, shall be added to the Judgment for Defendant, Mera Robinson's, failure to file an Answer to the Complaint. I do hereby certii}rthat a written notice of intention to file this Praecipe (in the form attached hereto) was mailed to Defendant at her last known address on June 22, 2005, which date was subsequent to the date default occurred and at least ten (10) days prior to the date of the Praecipe. Dated: July 5,2005 By David R. Galloway, Ten East High Street Carlisle, P A 17013 (717) 243-3341 Attorneys for Plaintiff F WILLIAMS & OTTO F'.FJ LES\DA TAFlU;Dicki""mColkge761 'J"COII"CljonS\CU'TeElIUOO\1 {)daYllOI~ CrC<lTeu 5/5/U5 ~4!lPJ"1 Rt:vised 6/22/05 110!lA/I.! 7619c300 David R. Galloway, Esquire MARTSON DEARDORFF WILLIAMS & OTTO Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attome s for Plaintiff DICKINSON COLLEGE, Plaintiff, v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA MERA ROBINSON and MELYAPAK, Defendants NO. 05-755 CIVIL ACTION-LA W TO: MERA ROBINSON JURY TRIAL OF TWELVE DEMANDED You ARE IN DEF AUL T BECAUSE YOU HA VE 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 MAYBE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. IMPORTANT NOTICE 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 REDUCED FEE OR NO FEE. C?2> :<;:::5) ~ ~ Cumberland County Lawyer Referral Service CUmberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 Telephone:(717) 249-3166 M Date: June 22, 2005 By David R. Galloway, Esquire J.D. 87326 Ten East High Street Carlisle, P A 17013 (717) 243-3341 Attomeys for Plaintiff 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: Ms. Mera Robinson 50-19 42nd Street, 1st FL Sunnyside,NY 11104-3127 MARTS ON DEARDORFF WILLIAMS & OTTO By Jean T or Ten E~t igh Street Carlisle, PA 17013 (717) 243-3341 Dated: July 5,2005 c o ......... - (;; ~ fl" 'L ~ b ..1\ $:> ..-SJ o (" ~ - ~ - ~ ~ \,,".<- r,':' ~ ~C:: l.. ....~ <- -"""" OJ J r: ~::;, ' $t~ z =<! - ~ "" .,... ~ a ~ --- is- ~ '----' (") ~; ~ ~ = = eft <- c::: ,- I 0' o -n :r fn~ yt:!4 ~..] -.....- ~~_~6 ;.'-~-~ :.~ ~~F C)m ,., ?U -< ",. 3: 'P. w Fe IFlLESIDA T AFILE\DickinsonCollege7619\Collectiolls\Cum:nt\300Ipra4/nlm Crelll.ed: 4/5/05 8:31A.M Revised: 9/15/05 I049AM 7619C.300 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, PENNSYL V ANlA v. NO. 05-755 CIVIL ACTION-LAW MERA ROBINSON and MELYAPAK, Defendants. JURY TRIAL OF TWELVE DEMANDED PRAECIPE Please reinstate the attached Complaint against Defendant, Melya Pak, 4148 S. Crystal Court, Apt. 1328, Aurora, CO 80014-4233 in the above-captioned action and return same to the undersigned for service. LIAMS & OTTO By David R. Galloway 1. D. Number 87326 10 East High Street Carlisle, P A 17013 (717) 243-3341 Date: September 15, 2005 Attorneys for Plaintiff 0 "" ~ = c: = -u~ <:on mco en ~:!l f" r'1 Z::",; ." -uM (=C" ~;.~;: CJl 86 r:--..: ~-!. ~,. OJ> 2525 '7'.: ::l;; -,'" Zrn )>C - - ~ ~ (Jl ~ en '<