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HomeMy WebLinkAbout05-0757 F:\fILES\DA T AFILE\DickinsonCollege7619ICollectionsICurrentI30J-coml ,wpd Created: 2/2/0S 9:Z0AM Revised: 2/10/05 827AM 7619C.30J David R. Galloway, Esquire MARTSON DEARDORFF WILLIAMS & OTTO Ten East High Street Carlisle, P A 17013 (717) 243-3341 Attorneys for Plaintiff v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. Of; - '7S''7 (};OL{ 't-€R-h1 CIVIL ACTION-LAW DICKINSON COLLEGE, Plaintiff LARRY R. ALLEN, CATHY A. ALLEN &: STEPHANIE ALLEN 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 Dated: February 10, 2005 MARTSON DEARDORFF WILLIAMS & OTTO ~";re L 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. NO. CIVIL ACTION-LAW LARRY R. ALLEN, CATHY A. ALLEN &: STEPHANIE ALLEN Defendants JURY TRIAL OF TWELVE DEMANDED COMPLAINT AND NOW, comes Plaintiff Dickinson College by and through its attorneys, MARTS ON 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_ Defendants, Larry R. Allen and Cathy A. Allen (hereinafter "Parents"), are adult individuals residing as husband and wife with a last known address of 1205 S. Munn Ave., Marysville, MO 64468-2754. 3. Defendant, Stephanie Allen, (hereinafter "Student"), is an adult individual with a last known address of 2445 Canterbury Rd., Cleveland, OH 44118-4342. 4. On or about August 10, 1993, Parents and Student entered into a Promissory Note (Note #1) with Plaintiff for the financing of $5,000.00, plus interest, for educational services and benefits to Student at Plaintiffs institution. A copy of Note #1 is attached hereto as Exhibit "A." 5_ On or about January 26, 1994, Parents and Student entered into an additional Promissory Note (Note #2) with Plaintifffor the financing of$5,000_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 $10,000.00_ 7. Note #1 and Note #2 grant Plaintiff reasonable collection and attorneys' fees which Plaintiff has calculated to be $1,500.00. 8. As of January 20, 2005, the principal and interest due and payable by Parents and Student to Plaintiff was $4,054,65, with interest accruing at $0.53 per day from January 20,2005_ 9. Parents and Student stopped making monthly payments on Note #1, Note #2,on or about February 19, 2004. 10_ As ofJanuary 20,2005, the outstanding balance of$4,054.65 represents the total and actual overdue value of the financing provided to Parents and Student under Note #1, Note #2, for which they have yet to pay. II, 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. Larrv R. Allen, Cathy A. Allen & Steuhanie Allen 12. Plaintiff hereby incorporates by reference the averments contained in Paragraphs 1 through 11 of this Complaint. 13. Parents 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, Larry A. Allen, Cathy A Allen and Stephanie Allen, in the amount of$4,054_65, plus interest accruing at $0.53 per day from January 20, 2005, collection and attorneys' fees in the amount of$1,500,00 and costs of suit. COUNT II IN QUANTUM MERUIT Dickinson Collel!e v. Steuhanie Allen 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 unjustly enriched by accepting said money without paying Plaintiff reasonable compensation therefor. 17. The total amount by which Student has become enriched is $4,054.65, with interest accruing at $0.54 per day from January 20,2005_ WHEREFORE, Plaintiff demands judgment against Defendant, Stephanie Allen, in the amount of$4,054.65, plus interest accruing at $0.53 per day from January 20,2005, collection and attorneys' fees in the amount of$1,500.00 and costs of suit. MARTS ON DEARDORFF WILLIAMS & OTTO By David K Galloway LD. No. 87326 Ten East High Street Carlisle, PA 17013-3093 (717) 243-3341 Attorneys for Plaintiff Date: February 10,2005 11- I ....j L I DICKINSON COLLEGE FLEXIBLE FINANCING SYSTEM - PLAN B EDUCATIONAL GOODS AND SERVICES RETAIL INSTALLMENT CONTRACT Date August 10, 1993 r. Seller: Dickinson College, Carlisle, pennsylvania 17013-2896 Buyer(s): Larry R. and Cathy A. Allen 1177 Blenheim Road West Chester, PA 19382 If there is more than one Buyer, each of you will be obligated, jointly and severally, for all Burne 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 roay be, to Stephanie Sue Allen (hereinafter "Student") during his/her enrollment at Dickinson College during the 1 Q21.-QI1 academic year, including tuition, room and board, books and supplies as herein state (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 PERCENTAGE FINANCE CHARGE: AMOUNT FINANCED: TOTAL OF PAYMENTS: TOTAL SALE RATE:' Dollar amount Amount of credit Amount paid by PRICE: Cost of credit as credit will provided by Buyer as total of Total cost of yearly rate cost Buyer Dickinson College all scheduled purchase on payrnents credit, in- cluding down payrnent of $ 17,590.00 7.0 % $ 2,554.40 $ 5,000.00 s 7,554.40 $ 22,590.00 Rev 2/92 EXHIBIT "A" Buyer's payment schedule will be as follows: Number of Payments Amount of Payments When Payments are Due Monthly commencing 9/28/93 152 $49.70 until 5/28/06 *Variable Rate: Late Charge: Prepayment: The ANNUAL PERCENTAGE RATE disclosed above is a variable rate and may change. The ANNUAL PERCENTAGE RATE may increase during the term of this transaction if the prime rate of interest announced in the Wall street Journal as of the close of business on June 30 of each calendar year increases, and will be increased to the prime rate plus 1%. The ANNUAL PERCENTAGE RATE will not increase more than once a year, and the new interest rate will become effective on July 1 following the increase, if any, in the prime rate of interest. Aay increase will be in the form of higher payment amounts. If your cost of the Goods and Services sold hereunder were $5.000.00 at 7.~ % per annum for 152 months, and the prime rate plus 1% wereaereased to R n %, your regular monthly payments would increase to S ~4~ . Further, the ANNUAL PERCENTAGE RATE will not increase to more t an 1B% or such other rate as may be permitted under the Pennsylvania Goods and Services Installment Sales Act. 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. 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. 1. Cash price of Goods and Services: $ 22,590.00 2. Total down payment: 17,590.00 3. Unpaid balance of cash price (1 - 2): 5,000.00 4. Amount paid to others on Buyer's behalf: 0 5. Amount Financed (3 + 4) : $ 5,000.00 III. ITEMIZATION OF AMOUNT FINANCED 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 the 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 First Wachovia, Inc. at the following address: First Wachovia, Inc. P.O. Box 70095 Charlotte, NC 28272-0095 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 ahall be deemed to have committed 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 time, ~ount 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 right 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. 8. APPLICABLE LAW: This Agreement, whenever called upon to be construed, shall be governed by the domestic internal laws of the Commonwealth of Pennsylvania except to the extent supplemented, superseded or preempted by federal law. 3 9. CONSENT TO JURISDICTION. VENUE AND SERVICE: The partees 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 Buch 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 Bet forth above. .. ..<~,"",'....!. 10. This Contract 'shall be ~"i1ttiing upon the parties hereto I their heirs, successors, assigns and legal represent~tive8. . . , TIME IS OF THE ESSENCE OF THIS CONTRACT. 11. NOTICE: ANY _HOLDER OF THIS CONSUMER CREDIT CONTRACT IS SUBJECT TO ALL CLAIMS AND DEFENSES 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) 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 PAY OFF IN ADVANCE THE FULL AMOUNT DUE AND UNDER CERTAIN CONDITIONS TO OBTAIN A 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 AGREE TO REPAY ALL AMOUNTS DUE ON THIS LOAN IF THE BORROWER(S)/BUYER(S) FAILS TO DO SO IN ACCORDANCE WITH THE TERMS OF THE NOTE: STUDENT COSIGNER ~/~:p c7~ TRANSCRIPT OF A STUDENT'S RECORD WILL NOT BE RELEASED IF LOAN PAYMENTS TO THE COLLEGE ARE IN ARREARS OR DEFAULT. DATE: DICKINSON COLLEGE 8/ IC>~ I BY ~,~(~ .. ("1 ; _ I / _ (J." I '-.i.J (,) DICKINSON COLLEGE FLEXIBLE FINANCING SYSTEM PLAN B EDUCATIONAL GOODS AND SERVICES RETAIL INSTALLMENT CONTRACT Date January 26, 1994 1. Seller: Dickinson College, Carlisle, Pennsylvania 17013-2896 Buyer ( s) : Larry R. and Cathy A. Allen 1177 Blenheim Rd. West Chester, PA 19382 If there is more than one Buyer, each of you will be obligated, jointly and severally, for all Bums 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 StpDh~nip ~ filleD (hereinafter "Student") during his/her enrollment at DicKl.nSOn College during the 1qqi_qa 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 PERCENTAGE FINANCE CHARGE: AMOUNT FINANCED: TOTAL OF PAYMENTS: TOTAL SALE RATE:' Dollar amount Amount of credit Amount paid by PRICE: Cost of credit as credit will provided by Buyer as total of Total cost of yearly rate cost Buyer Dickinson College all scheduled purchase on payments credit, in- cluding down payment of $ 17 ,590.00 7.00 % $ 2,478.44 $ 5,000.00 $ 7,478.44 $ 22.590.00 Rev 2/92 EXHIBIT "B" Buyer's payment schedule will be as follows: ----"- Number of Payments Amount of Payments When Payments are Due Monthly commencing 1/?R/g4 148 $50.53 until 5/?R/06 . *variable Rate: Late Charge: Prepayment: The ANNUAL PERCENTAGE RATE disclosed above is a variable rate and may change. The ANNUAL PERCENTAGE RATE may increase during the term of this transaction if the prime rate of interest announced in the Wall Street Journal as of the close of business on June 30 of each calendar year increases, and will be increased to the prime rate plus 1%. The ANNUAL PERCENTAGE RATE will not increase more than once a year, and the new interest rate will become effective on July 1 following the increase, if any, in the prime rate of interest. Any increase will be in the form of higher payment amounts. If your cost of the Goods and services sold hereunder were $ I) 1 000 no at 7 nn % per annum for ~ months, and the prime rate,plus 1% were increased to R.OO %, your regular monthly payments would ~ncrease to $ ~~ ?~ Further, the ANNUAL PERCENTAGE RATE will not increase to more than 18% or such other rate as may be permitted under the Pennsylvania Goods and Services Installment Sales Act. 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. 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. 1. Cash price of Goods and Services: $ 22,590.00 2. Total down payment: 17.590.00 3. Unpaid balance of cash price (1 - 2) : 5,000.00 4. Amount paid to others on Buyer'S behalf: 0 S. Amount Financed (3 + 4) : $ 5,000.00 III. ITEMIZATION OF AMOUNT FINANCED 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 the 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 First Wachovia, Inc. at the following address: First Wachovia, Inc. P.O. Box 70095 Charlotte, NC 28272-0095 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 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 time, 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. S. 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 right 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. 8. APPLICABLE LAW: This Agreement, whenever called upon to be construed, shall be governed by the domestic internal laws of the Commonwealth of Pennsylvania except to the extent supplemented, superseded or preempted by federal law. 3 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 Buch 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 Bet 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 CONTRACT. NOTICE: ANY HOLDER OF THIS CONSUMER CREDIT CONTRACT IS SUBJECT TO ALL CLAIMS AND DEFENSES 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) 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 PAY OFF IN ADVANCE THE FULL AMOUNT DUE AND UNDER CERTAIN CONDITIONS TO OBTAIN A 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): O~/ (2 tL!t~ I AGREE TO REPAY ALL AMOUNTS DUE ON THIS TO DO SO IN ACCORDANCE WITH THE TERMS OF I LOAN IF THE BORROWER(S)/BUYER(S) FAILS THE NOTE: STUDENT COSIGNER JI.,,' I;) ,: 0'_ " / TRANSCRIPT OF A STUDENT'S RECORD WILL NOT BE RELEASED IF LOAN PAYMENTS TO THE COLLEGE ARE IN ARREARS OR DEFAULT. ~tJ_ DATE: DICKINSON COLLEGE {-1.. {r q,-/ BY ~:JL"- 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 ofthis lawsuit. The language ofthis Complaint is that of counsel and not my own. I have read the document and to the extent that this Complaint is based upon information which I have given to my counsel, it is true and correct and to the best of my knowledge, information and belief. To the extent that the content of this Complaint is that of counsel, I have relied upon counsel in making this Verification. This statement and Verification are made subject to the penalties of 18 Pac C.S. 9 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 ~-3~ Thomas Meyer Bursar Dated: F:\FILES\DA T AFILEIDickinsonCollcge7619\CollectionsICurrent\303-coml_wpd \0 ~ 1{t~ -.. V"l. ,_ ' - .-t \) '"tv_I' \) "'0 tr-J v,-r-- ~ 'b -1=- ~1 c": (<..1 () -'l.''l -- c:.:.:) ~ ...\-,; :i,,:~ (-:-: ".' N F.\f'JLES\DA TAFlLEIDickinsonCollege76 J 9ICollectiunsICurrent\303_praJ Created: 2/23105 9:51AM Revised: 2123105 1:30PM 7619C303 David R. Galloway, Esquire MARTSON 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_ 05-757 CIVIL ACTION-LAW LARRY R_ ALLEN, CATHY k ALLEN & : STEPHANIE ALLEN 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 Stephanie Allen on February II, 2005, by certified mail, restricted delivery, return receipt requested. Attached is the Post Office return receipt signed and dated February 14, 2005 and a copy of the receipt showing the cost of service was $838_ MARTSON DEARDORFF WILLIAMS & OTTO By David R. Galloway, EsqUire LD. No_ 87326 10 E. High Street Carlisle, PA 17013-3093 (717) 243-3341 Date: February 23, 2005 Attorneys for Plaintiff . . Complete Items 1, 2, and 3. Also complete nem 4 W Restrlcted Delivery Is desired. . Print your name and address on the rev so that we can return the card to you. ., . Attach this card to the back of the mailpJece, or on the front If space permtts. 1. Article Addressed to: ~ [J Agent C~ [JAdd_ veel by (Printed Name) C. Oat_ of D_~ry LL. (Ct--J '2.~/Lt-oC, D. Is delivery address different from Item 1? D. Yes If YES, enter delivery address below; 0 No jl1J.-STEPttlfN/6 ALLe.I (1445 CANT€"t5UJeY t<D. 6 EVGU'ND I OH 44/1 ~ - i.f3'f;)'; 3. Setvlce 1YPe .~ _ [J Express Man [J Registered [J Return Receipt for Merohandlse o Insured Mall CJ C.O.D. 4. ReslrJqted DeIIvOty? (Ext1>> Fee) :res 2. Artlc~ Number (rran_ from_ PS Forri1381 1, AUgust 2001 7003 3110 0004 5772 7409 , Domestic Return Receipt 102595-02.M.;1640 lr o or J'- U.S. Postal Service"" CERTIFIED MAil"" RECEIPT (Oomestlc Mail Only; No Insurance Coverage Provided) ru J'- J'- In cLQrillf~~l1C I A L USE Postage $ or o D Retum Reclept Fee D (Endorwment Required) D Restricted Delivery Fee r=J (Endorsement Required) .-'l m Total Postage & Fees CerttfiedFee $2.30 $1.75 $3.50 $ $8.38 " m o o J'- . . . . 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. Stephanie Allen 2445 Cantebury Rd. Cleveland,OH 44118-4342 Paul Murphy, Esquire 6690 Beta Drive, Ste. 106 Cleveland, OH 44143 (Counsel not ofrecord) MARTS ON DEARDORFF WIIAfAMS & OTTO .~~ aylor T ast High Street Carlisle, P A 17013 (717) 243-3341 Dated: February 23,2005 ~ B-. "'" r<\ C'> ("0 ~ ? I- "> ~ u:> ..- F:\FILES\DAT AfILE\DickinsonCoDcgc7619\Collcctions\Current\303\303 .pra2 Created: 2/23/05 9:51AM RevillCd: 8130106 2:17PM 7619C.303 Christopher E. Rice, Esquire MARTSON 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, PENNSYL VANIA v. NO. 05-757 CIVIL ACTION-LAW LARRY R. ALLEN, CATHY A. ALLEN & : STEPHANIE ALLEN Defendants JURY TRIAL OF TWELVE DEMANDED PRAECIPE TO THE PROTHONOTARY: Please mark the above captioned action settled, discontinued an4 satisfied. MARTSON DEARDORFF WILLIAMS & OTTO By C-R. -/.r-L :5 I"C- Christopher E. Rice, Esquire I.D. No. 90916 10 E. High Street Carlisle, PA 17013-3093 (717) 243-3341 Date: ~ /3) JOb Attorneys for Plaintiff (") ...., 0 = c = ." "'"' ~ (/.l 1" --cJc, , c;:: ~ : rT1 n1--- 7:1 ..." "Fn I ::rJO (/", S~,) ~ ',- ;'-=-'.,; '- :t:~ :1 3': ')(') j~~~, 25m 7 ~ "':.... =< U'l -<