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1 Supreme Co 'o ennsylvania Cour .Comm o Meas For Prothonotary Use Only: T} i,z C il V—e 'C'o t II Docket No: Sal t. CU L 'ND y County -IlerFn ll' The information collected on this form is used solely for court administration purposes. This form does not supplement or replace the filing and service ofpleadings or other papers as required by law or rules of court. Commencement of Action: S El Complaint 0 Writ of Summons Q Petition E ®1 Transfer from Another Jurisdiction © Declaration of Taking C Lead Plaintiff's Name: Lead Defendant's Name: i ,r LEHIGH UNIVERSITY DAVID GARRY Are money damages requested? Yes No Dollar Amount Requested: Elwithin arbitration limits I t O (check one) E3outside arbitration limits i N Is this a Class Action Suit? Yes X, No Is this an MDJAppeal? Yes xd No A Name of Plaintiff/Appellant's Attorney: Jeffrey L.Troutman, Esquire Check here if,you have no attorney(are a Self-Represented [Pro Se] Litigant) Nature of the Case: Place an"X"to the left of the ONE case category that most accurately describes your PRIMARY CASE. If you are making more than one type of claim,check the one that you consider most important. TORT(do not include Mass Tort) CONTRACT(do not include Judgments) CIVIL APPEALS ® Intentional © Buyer Plaintiff Administrative Agencies 0 Malicious Prosecution [3 Debt Collection:Credit Card n Board of Assessment ® Motor Vehicle ®x Debt Collection:Other 0 Board of Elections i Nuisance Goods&Services Provided [:] Dept.of Transportation S [3 Premises Liability El Statutory Appeal:Other n Product Liability(does not include E mass tort) Q Employment Dispute: Slander/Libel/Defamation Discrimination } C © Other: Employment Dispute:Other Zoning Board T 0 Other: I © Other: O MASS TORT Asbestos N E] Tobacco 0 Toxic Tort-DES f 0 Toxic Tort-Implant REAL PROPERTY MISCELLANEOUS E] Toxic Waste Other: 0— Ejectment � Common Law/Statutory Arbitration F B 1l Eminent Domain/Condemnation [3 Declaratory Judgment Ground Rent n Mandamus Landlord/Tenant Dispute Q Non-Domestic Relations ® Mortgage Foreclosure:Residential Restraining Order PROFESSIONAL LIABLITY [3 Mortgage Foreclosure:Commercial Quo Warranto r-li Dental ® Partitions Replevin i 0 Legal Q Quiet Title ®Other: Medical Other: n Other Professional: Updated 1/1/2011 t+r_ r +d,.. �T1W . tPi,lr i,l trl:i•f 2,414 !1 13 Nil (; 1,2 KODAK LAW OFFICES, P.C. 407 N FRONT STREET -3rd FloorAkIN0 COUN- Y �V'4 HARRISBURG, PA 17101 �E"si#SYLVA NiA (717) 238-7159 Attorneys for Plaintiff LEHIGH UNIVERSITY, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v NO- A- .4153 �`�vc I�Crn1 DAVID GARRY, Defendant(s) CIVIL ACTION - LAW NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claim 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 an 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 plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. AVISO USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las demandas que se presentan mas adelante en las siguientes paginas, debe tomar accion dentro de los proximos veinte (20) dias despues de la notificacion de esta Demanda y Aviso radicando ppersonalmente o por medio de un abogado una comparencencia escrita y radicando en la Corte por escrito sus defensas de, y objecciones a, las demandas presentadas aqui en contra suya. Se le advierte de que si usted falla de tomar accion como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda o cualquier otra reclamacion o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Usted puede perder dinero o propiedad u otros derechos importantes para usted. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI LISTED NO TIENE UN ABOGADO, LLAME O VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO. Sl USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO O BAJO COSTO A PERSONAS QUE CUALIFICAN. CUMBERLAND COUNTY BAR ASSOCIATION s TWO LIBERTY AVENUEII3.°]5 PA /►TN CARLISLE PA 17013 0-# C-q(B«p 717-249-3166 ��30&085 i LEHIGH UNIVERSITY, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v NO. DAVID GARRY, Defendant(s) CIVIL ACTION - LAW COMPLAINT The Plaintiff, LEHIGH UNIVERSITY, by its attorneys, KODAK LAW OFFICES,P.C., brings this action of Assumpsit against the Defendant(s) to recover the sum of FIVE THOUSAND SEVEN HUNDRED NINETY FIVE DOLLARS AND FORTY SIX CENTS ($5,795.46), along with interest thereon, at the rate of 7%from February 28,2012,together with any and all court costs incurred by Plaintiff, upon a cause of action of which the following is a statement: 1. The Plaintiff, LEHIGH UNIVERSITY, is a Pennsylvania Non-Profit Educational Organization organized and existing under the laws of the Commonwealth of Pennsylvania, having its principal office and place of business at 27 Memorial Drive West, Bethlehem, Pennsylvania 18015-3093. 2. The Defendant, DAVID GARRY, is an adult individual residing at 808 ERFORD ROAD, CAMP HILL, CUMBERLAND COUNTY, PENNSYLVANIA 17011. F:\USER\COMPLAINTS\L\LEHIGH UNIVERSITY 39073 akr.wpd 2 3. On various dates the Defendant entered into various Loan Agreements with Plaintiff for education expenses. True and correct copies of the Loan Agreements are attached hereto collectively marked Exhibit "A" and made a part hereof. 4. The Defendant defaulted on their obligation to make payments under the terms of the Loan Agreements leaving an outstanding balance due Plaintiff in the amount of Eleven Thousand Three Hundred Twenty Dollars and Zero Cents ($11,320.00) as set forth on Plaintiff's Statement of Account attached hereto, marked Exhibit"B"and made a part hereof. 5. Due to the default of Defendant and pursuant to the terms and conditions of the Loan Agreements executed by the Defendant, interest in the amount of Six Thousand One Hundred Sixty Four Dollars and Twelve Cents ($6,164.12) have been added to said account. 6. Due to the default of the Defendant and pursuant to the terms and conditions of the Loan Agreements executed by the Defendant, collection fees in the amount of One Thousand Four Hundred Forty Eight Dollars and Seventy Six Cents ($1,448.76) have been added to said account. 7. Defendant became entitled to certain credits against the aforementioned charges to the total amount of Thirteen Thousand One Hundred Thirty Seven Dollars and Forty Two Cents($13,137.42), as shown on Exhibit"B"attached hereto and made a part hereof. F:\USER\COMPLAINTS\L\LEHIGH UNIVERSITY 39073 akr.wpd 3 8. The balance due and owing by Defendant to Plaintiff is the sum of Five Thousand Seven Hundred Ninety Five Dollars and Forty Six Cents ($5,795.46), as appears by Plaintiffs Statement of Account hereto attached, marked as Exhibit "B" and made a part hereof. 9. Plaintiffs Invoices are not attached to this pleading due to the voluminous nature of same and have previously been provided to Defendant. 10. Plaintiff frequently demanded paymentfrom Defendantof said amountdue and owing as aforesaid, but Defendant refused and neglected and still refuse(s) and neglect(s) to pay said amount or any part thereof. WHEREFORE, Plaintiff brings this suit to recover from Defendant the sum of FIVE THOUSAND SEVEN HUNDRED NINETY FIVE DOLLARS AND FORTY SIX CENTS ($5,795.46), together with interest as set forth herein, together with any and all court costs incurred by Plaintiff. Respectfully submitted, KODAK LAW OFFICES, P.C. J y 11. Troutman, Esquire ID#53984 Robert D. Kodak, Esquire ID# 18041 407 North Front Street - 3rd Floor Harrisburg, PA 17101 (717) 238-7159 Attorneys for Plaintiff F:\USER\COMPLAINTS\L\LEHIGH UNIVERSITY 39073 akr.wpd 4 NAME GARRYt"—IV1ID . ECKLEY°8. CORE LOAN FUND l' SOCIAL SECURITY NUMBER ACADEMICYEAR SUHHER2 98' t 1997-1998 -- - -w-..•-a..�z-----------d...,a.� —--- .-�..--�...------------- e�eSY.,,...o........,_.......,..... n....,.......,�..............r "" """'""" "a STATEMENT OF RESPONSIBILITIES(READ BEFORE SIGN � ING AT RIGHT) �.T A University Tuition Loan Is a serious legal obligation.Therefore,It Is extremely Important LEHIGHUNIVERSITY LOAN AGREEMENT that you understand your responsiblitles.When you,the student borrower,sign this statement it means that you do understand your responsibilities,and you agree to honor them. C3oal+� n ,--- 1]I understand that 1 must,without exception,report any of the following changes to the Bursar,Alumni Bldg.927 Lehigh University,(215)758-3160.Area code change effective January 1,1994:(610)758-3160. 1 DAVID GARRY* hereinafter sometimes (a) Ill withdraw from school. referred to as"Student,'and the student's parents(/guardians/spouse)whose signatures appear below,collectively referred to as'Borrowers,'agree (b)If I transfer to another school. to repay Lehigh University,a Pennsylvania nonprofit corporation,the sum of amounts that are advanced to me and endorsed In the Schedule of (c) It I drop below half-time status. Advances set forth below.- (d) If my name should change(for example,because of marriage). (e) If my address,or 1. Lehigh University lends to Borrowers upon the signing of this Agreement,the sum(s)of. (1) if I loin the military s parents'address,changes. service,Peace Corps,or VISTA. 7 2) 1 understand that when I graduate or withdraw from Lehigh University I must arrange SCHEDULE OF ADVANCES for an exll Interview by calling(215)758-3160.Area code change effective January AMOUNT DATE SIGN RE QFSTUDENT 1,1994:(610)758-3160. 3) 1 understand that my first monthly payment will be due beginning three months from X 9 L$ 20660.00 07/06/98, S the date of my graduation or withdrawal from the University for whatever cause, dp whichever first occurs. 3 2.$ 4) 1 understand that my minimum monthly payment will be$50.00 plus Interest,or more d as may appear on the repayment schedule. Bq 3.$ 9 5) I understand that the ANNUAL PERCENTAGE RATE Indicated at right will be the IL Borrowers agree to repay sold loan In accordance wkh the following repayment schedule: FINANCE CHARGE based on the unpaid balance;and that the Interest will begin to e.Monthly payments shelf be made over a period commencing(except when Paragraph 5 u epptcable)hinety(90)days after the date an which Student ceases to carry,at j accrue FROM THE BEGINNING OF THE REPAYMENT PERIOD. ' Lehigh University,at least one-hag the normal hdl.11ma academic work load 11 b.An ANNUAL INTEREST RATE of 7- (SEVEN)'Z perannum shell a.—from the beginning of the repayment period.All payments shall be appged 6) 1 understand that If I fall to repay any loan as agreed,the total loan may became due to Interest with the mmeinder.it any,being applied to the principal and payable immediately,and legal action could be taken against the Borrowers.In m Repayment of lam ipal,together wlih Interest thereon,shag be made In monthly payments according to a schedule which wal be prepared by the Office of the Burear of addition,I understand that the Borrowers will be responsible to pay all attorneys fees and other reasonable collection costs and charges necessary for the collection of = Lehigh UnWe nth prior to the commencement of the repayment period Other provisions of this Agreement not wllhslanding,no payments shag be lase than 09y($50.00) rg N U dopers per month plus Interest any amount not paid when due.Also,my Lehigh University records will be closed �G III.In the even)of's(store to meet a scheduled payment of any Installment of principal or Interest due under this Agreement the entire unpaid indebtedness shall,at the option and no transcript will be released until the account Is made current. ryj of Lehigh University,became kaner lately due and payable,togetherwith Interest thereon,and legal action could be taken against the Bormwem.Borrowers promise to Pay _ qQ all anomeys fees and other ramonabie collection ante and charges necessary for me collection of any amount not paid when due. - 7) 1 understand that I must promptly answer any communication from Lehigh University 3� IV.Borrowers may,at their option and without penalty,prepay all or any part of the prIndpai,plus the accrued Interest that".at any time. regarding the loan. V.Lehigh University will dolor payments of princtpa)for a period,not to exceed three(3)years,during which Studmi b carrying,in a past-gmdtmte program,at an Institution of Z O higher education,M least one-half the none]academic work load B) 1 understand I may prepay at any time.I further understand that future Interest will be p VL Borrowers ere responsible for Infomdng Lehigh UNvemity of any charge or changes In their names or addresses. reduced by making such payments. IN WITNESS WHEREOF,Borrowers have signed this Loan Agreement Intending to be legally bound.and Wending this Agreement to be Interpreted as an instrument under seal 9) I understand that If I cannot make payment on(ime,1 must contact The Bursar to explain my circumstances and to arrange a mutually-agreed-upon, alternate / 9 repayment plan. aura tstw.m / 10) 1 authorize Lehigh University to contact any school which I mayattend,to obtain Aeamaa�" n Ulf-i 'V`P. Information concerning my student status,my year of study,my dates or attendance, graduation,or withdrawal,my transfer to another school,or my current address: Day. e sue,lzpAd/O x i WNaca Home PhMe Manhar MY SIGNATURE AT RIGHT ATTESTS THAT I HAVE READ AND UNDERSTAND THE RESPONSIBILITIES'AND OPTIONS AVAILABLE TO ME,AND THAT I WILL ADHERE TO - _ Noma cf tndMduel Whon Nine Appeao I PION(PbaE Pont) OI) SI al pared,Qunrmen or spouca DA. .. .. .. •.. _ ssa Add— CRY.Siete.2lD IL (Sea N—o11rt*4dua1 Whore Name Appea d Right(Pleb.PMt) slgnaNe of ami orG Data Opp ssa ^ acs _ r 0y.Slots,m s tabble O rn NAME GARPY(-P DAVID JOHN R. Ho DAVIS HE,?1DRIAL LDAt1 FUND SOCIAL SECURITY NUMBER ne 4.wtivd� ACADEMIC YEAR 5PRI PIG Qv r 9.' —2 '00 STATEMENT OF RESPONSIBILITIES(READ BEFORE SIGNING AT RIGHT) A University Tuition Loan is s serious legal obligation.Therefore,i1 Is extremely important ������ ��������� LOAN � ��������� It at myon understand and rstand yourtles. When you,lhe and you a borrower,sign this statement I It means that you do understand your responsibilities,and you agree to honor Them. R1)I understand that I must,without exception,report any of the following changes to the 0. R Bursar,Alumni Bldg.#27 Lehigh University,(215)758-3160.Area code change effective January 1,1994:(610)75873160. A (a) IF I withdraw from school. f (b) If 1 transfer to another school. 1 DAVID GARY ,hereinafter sometimes -(c) If I drop below half-time status. referred to as"Student,"and the student's parents(/guardians/spouse)whose signatures appear below,collectively referred to as'Borrowers,"agree (d) If my name should change(for example,because of marrlage). to repay Lehigh University,a Pennsylvania nonprofit corporation,the"sum of amounts'that are advanced to me and endorsed In the Schedule of E (e) If my address,or my parents'address,changes. Advances set forth below. jl (I) If I join the military service,Peace Carps,or VISTA. L Lehigh University lends to Borrowers upon the signing of this Agreement,the sum(s)of: 3 ��9� f _ (2) I understand that when I graduate or withdrew from Lehigh University I must arrange SCHEDULE OF ADVANCES for an exit interview by calling(215)758-3160.Area code change effective January 3 E 1,1994;(610)758.3160. AMOUNT DATESIGNAREO 7UDENT Q 3) 1 understand that my first monthly payment will be due beginning three months from the date of my graduation or withdrawal from the University for whatever cause, 1 1'$ 751).t3'r u I/1 S/:1:} X ( whichever first occurs. I i A 2$ 4) 1 understand that my minimum monthly payment will be$50.00 plus Interest,or more 9 PI as may appear on the repayment schedule. 3$ - 6 5) understand that the ANNUAL PERCENTAGE RATE Indicated at right will be the FINANCE CHARGE based on the unpaid balance;and that the interest will begin to II. Borrowers agree to repay said loan in accordance with the following repayment schedule: accrue FROM THE BEGINNING OF THE REPAYMENT PERIOD. a.Monthly payments shall be made over a period commencing(except when Paragraph 5 Is applicable)ninety(00)days eller the date on which Student ceases to carry,at Q 6) 1 understand that If I fall to repay any loan as agreed,the total loan may become due Lehigh University,at least one-hall the normal full-time academic work load. and payable Immediately,and legal action could be taken against the Borrowers.In x h.An ANNUAL INTEREST RATE al ] (SEVEN)principal. addition,I understand that the Borrowers will be responsible to pay all attorneys fees to Interest with the remainder,it any,being applied to the per annum shall accrue from the beginning of the repayment period.All payments shall be applied 1 and other reasonable collection costs and charges necessary for the collection of-f V c.Repayment of principal,together with interest thereon,shall he made in monthly payments according to a schedule which will be prepared by the Office of the Bursar of any amount not paid when due.Also,my Lehigh University records will be closed F Lehigh Unlversily prior to Ilse commencement of the repayment period.Other provisions of this Agreement not withstanding,no payments shall be less than fifty($50.00) and no transcript will be released until the account is made current. Q dollars per month plus Interest. s 11 Lin the even[of a lellure to meal a scheduled payment of any Installment of principal or interest due under this Agreement,the entire unpaid Indebtedness shall,at the option (I 7) 1 understand that I must promptly answer any communication from Lehigh University ,�~ R of Lehigh University,become Immediately due and payable,together with Interest[hereon,and legal action could be taken eg.1nat the Borrowers.Borrowers promise to pay regarding the loan. I Z O all attorneys fees and other reasonable collection costa and charges necessary for the collection of any amount not paid when due. O B 1V.Bormwers may,al their option and without penaay,prepay all or any pad of the principal,plus the accrued Interest thereon,at any time. B) I understand I may prepay al any lime.I further understand that future Interest will be p V.Lehigh University will defer payments of principal for a period,not to exceed three(3)years,during which Student is carrying,in a post-graduale program,at an Institution of reduced by making such y at annls. higher education,at least one-half the normal academic work load. VI.Bormwem are responsible for informing Lehigh University of any change or changes In their names or addresses. ! 9) 1 understand that if I cannot make payment on time,1 must contact The Bursar to P IN WITNESS WHEREOF,Borrowers have signed this Loan Agreement.Intending to be legally bound.and 1 t nding th greement to be interpreted as an instrument my circumstances and to arrange a mutually-agreed-upon, alternate menl under seal repayment plan. t j� :l ) Z 10) I authorize Lehigh University to contact any school which I may attend,to obtain p slgnawre of stud m / ole ($ea0 p $ Information concerning my student status,my year of study,my dates or attendance, l, E' i3 graduation,or withdrawal,my transfer to another school,or my current address. Addm t a t4•�!�'�G.yL%L /'�, .1k''Dy 6 pit' � Gty,Slate.ZlP `, ) s 5 woel Home Phone Number `-'�� � ,S�t/�G R 411 MY SIGNATURE AT RIGHT ATTESTS THAT I HAVE READ AND UNDERSTAND THE RESPONSIBILITIES AND OPTIONS AVAILABLE TO ME,AND THAT I WILL ADHERE TO 4 (s(Seat) FF11 THEM. 1 NamaoI Ind d..I Whose Nem.Appear.al RlpNx(Place.Pring Slgnaurre d Parent,Guardian or Spouse Data sex Address 3 x Wanesa _61i.—Stale,Zip 1 Name or Individual Whose Name Appears at Right(Please Pring xSlpnalure d P.renl or Guardian Dale (seal) @ , SS9 i ' Adtlress Z I 7 NAME GARRY, A V 10 IEIHN R. N.,DAVIS MEMORIAL' LOAN FUND SOCIAL SECURITY NUMBER 411RIIIIIIIIIIIIIr— —1998 STATEMENT OF RESPONSIBILITIES(READ BEFORE SIGNING AT RIGHT) ACADEMIC YEAR SU 1`114 E I 9L 1997 1 ——————————— A University Tuition Loan Is a serious legal obligation.Therefore,It Is extremely Important ————————————— that you understand your responsibilities.When you,the student borrower,sign this statement -————————————— It means that you do Understand your responsibilities,and you agree to honor them. 1) understand that I must,without exception,report arty of the following changes to the ITY LOAN AGREEP u LEHIGH UNIVERS 1. mar,Alumni Bldg.927 Lehigh University,(215)758-3160,Area code change effective January 1,1994:(610)758-3160. (a) It I withdraw from school. (b)if I transfer to another school. (c) 111 drop below halt-time status. hereinafter sometimes (d) It my name should change(for example,because of marriage). collectively referred 10 as'Borrowers.*09— (a)It my address,or my parents'address,changes. DAVID BARRY to(Iguardfans/SPOUSO)whose signatures appear below, in the Schedule of referred to as*Student,"and the student's parents .1 amounts that are advanced to me and endorsed (1) It I join the military service,Peace Corps,or VISTA. to repay Lehigh University,a Pennsylvania nonprofit corporation.the sum Advances set forth below- 2) 1 understand that when I graduate or withdraw from Lehigh U niversItY I must arrange I. Lehigh University lends to Borrowers upon the signing of this Agreement,the sum(S)Of: for an exit Interview by rating(215)758-3160.Area code change effective January 1,1994:(610}758-3160. 3) 1 understand that my first monthly payment will be due beginning three months from SCHEDULE OF ADVANCES =SIG URE OF STU ENT the date of my graduation or Withdrawal from the University for whatever cause, AMOUNT OATE whichever first occurs. 0 5/2 61191 a X 4) 1 understand that my minimum monthly payment will be$50.00 plus Interest,or more t. $ 2'660-00 as may appearon the repayment schedule. 5) 1 understand that the ANNUAL PERCENTAGE RATE Indicated at right will be the 2.$ FINANCE CHARGE based an the unpaid balance;and that the Interest will begin to aocrue,FROM THE BEGINNING OF THE REPAYMENT PERIOD. 3.$ to carry,at 6) 1 understand that it I fall to repay any loan as agreed,the total loan may become due IL aonowers agree to repay In coorrem.,rifth togfule: 0)days ans,the date on which Stud0rd caases and payable Immediately,and legal action could be taken against the Borrowers.In e.Monday payments Shall be made over a period"mortaft(a t when Paragraph 5 Is applicable)ninety(9 addition,I understand that the Borrowers will be responsible to pay all attorneys fees ,at least ra-haff(he normal full4imb a-d-lo were load. Lehigh UrdvemltY of,the repayment pardod AN payments Shag be appled and other reasonable collection costs and charges necessary for the collection of b.An ANNUAL INTEREST RATE of 7 (SE VEN1 Per shot rtorgue from the beginning any amount not paid when due.Also.my Lehigh University records will be closed Aw to the principal, be prepared try the Office of the Sumer of and no transcript will be released will the account Is made current. to interest with the remainder.11 ap'thivertit der,be made in monthly payments O=wdtng 10 a schedule which payments shelf be Isw than flay($60.00) c,Repayment Of pdndpaL together with intense p.,J*..4 IN.Allurement nor whitem Lehigh UnIvemIty Prior 10 the commencement or..repayment period.Other 7) 1 understand that I must promptly answer any communication from Lehigh University dollars par month plus Interest, r Agreement.a.arthe-paid shag.at rho OPflOn regarding the loan. Is.in Ine event of a failure to oner.achoduted payment or any installment of principal or Interest due under mb be taken against the Borrowers-Borrowers promise to pay y bacenre immodisruy d-and Payable.together with Inmmxj thereon,and 1.0..uft could 11 be ot Lehigh UnIvemil for the collector of any smoum not paid when due. 8) 1 understand I may prepay at any time.I further understand that future Interest VA am airways fees.�d Its,mawable coveracnoosts and charges necessary'd-dP$I,PkmthO�edNe—t,,M,,,�.agtwytkm at.program,at an Institution of reduced by making such payments. if al,option and without Penalty.prepay.1 or any Part 01 the F ,in a pose-graduate IV.Borrowers may.at III to,a period.net to =.ad three(3)years,during which Student V.Lehigh Unlivemky will dater Payments Of lerhoil"d 9) 1 understand that It I cannot make payment on time,I must contact The Bursar to higher education.at least onehad the normal academic work bad. as in ant,names or addr&"W explain my circumstances and to arrange a mutuafly-agreed-upon, alternate 'A.Sorrowara am mspan�lbjo for Informilng Lehigh University of aAY Q*mnW OF Chang an Instrument under east repayment plan. IW A, to to be Interpreted as IN WITNESS WHEREOF,Borrowers have signed'his Loan Agreement.Inlendnil W be largely bov`4 rose 1 0)t authorize Lehigh University to contact any school which I may attend,to obtain lases Information concerning my student status,my year of study,my dates or attendance, x net.4101 graduation.at Withdrawal,my Imunsler to another school,or my current address. cWt. W.vpMY SIGNATURE AT RIGHT ATTESTS THAT I HAVE READ AND UNDERSTAND THIS RESPONSIBILITIES AND OPTIONS AVAILABLE TO ME,AND THAT I WILL ADHERE TO ."re a ta.nbM THEM. wanew (S..Q x ua or oat. tun thereof WMI*Name APPUM or Right(PI-0 Pectl ass Arkhre Coy.Slat..27P lasso Fe 651 Address car.so �—— �--� NAME GARRYs'—VIlD i2ANK WILLIAMS LOAN FUND SOCIAL SECURITY NUMBER -- � STATEMENT OF RESPONSIBILITIES(READ BEFORE SIGNING AT RIGHT) ' - ACAOEMICYEAR SUMMER2 99 a 1998-19 9 A University Tuition Loan is a serious legal obligation.Therefore,It Is extremely Important a"""""^"'^""""""'"""""°"'""" """—""""-- -- "" that you understand your responsiblllies.When you,the student borrower,sign this statement ,sl 4111, f it means that you do understand your responsibilities,and you agree to honor them. E3 . r � � pp ttfy� L a�Ea PGH UN V ERSITY LOAN AGREEMENT 1)1 understand that I must,without exception,report any of the following changes to the t� Bursar,Alumni Bldg.427 Lehigh University,(215)758-3160.Area code change effective January 1,1994:(610)758-3160. `k'.NI•Ae , 2 6 X999 (a) if I withdraw from school, (b) If l transfer to another school. DAVID G AR RY ,hereinafter sometimes I (c) If I drop below half-time status. referred to as'Student,"and the student's parents(/guardians/spouse)whose signatures appear below,collectively referred to as"Borrowers,'agree F (d) If my name should change(for example,because of marriage). 7 to repay Lehigh University,a Pennsylvania nonprofit corporation,the sum of amounts that are advanced to me and endorsed In the Schedule of Y (e) It my address,or s parents'address,changes: Advances set forth below. p L (i) if I join the military service,Peace Corps,or VISTA. I. Lehigh University lends to Borrowers upon the signing of this Agreement,the sum(s)of: i of 2) 1 understand that when I graduate or withdraw from Lehigh University I must arrange for an exit interview by calling(215)758-3160.Area code change effective January 1,1994:(610)758-3160. SCHEDULE OF ADVANCES 3) 1 understand that my first monthly payment will be due beginning three months frbm.9 AMOUNT DATE SIGNATU OF STUDENT the date of my graduation or withdrawal from the University for whatever cause, siY whichever first occurs. 1.$ 756.00 07106/99 X 4) 1 understand that my minimum monthly payment will be$50.00 plus Interest,or more as may appear on the repayment schedule. 1 a 2.$ 5) 1 understand that the ANNUAL PERCENTAGE RATE Indicated at right will be the f 4 FINANCE CHARGE based on the unpaid balance;and that the Interest will begin to 9 3.$ accrue FROM THE BEGINNING OF THE REPAYMENT PERIOD. 3333 If. Borrowers agree to repay said loan In accordance with the following repayment schedule: 6) I understand that if I fail to repay any loan as agreed,the total loan may become due e.Monthly payments shall be made over a period commencing(except when Paragraph 6 Is applicable)ninety(90)days after the dale on which Student ceases to carry,at and payable Immediately,and legal action could be taken against the Borrowers.In .j Lehigh University,at least one-half the normal lull-time academic work load, addition,I understand that the Borrowers will be responsible to pay all attorneys fees _ b.An ANNUAL INTEREST RATE of 7 $R vE N) / par annum shell accrue from the beginning of the repayment period.All payments shall be applied and other reasonable collection costs and charges necessary for the collection of i to Interest with the remainder,II any,being epplie to the pdnc of. any amount not paid when due.Also,my Lehigh University records will be closed a c.Repayment of principal,together with Interest thereon,shall be made in monlhly payments according to a schedule which will be prepared by the Office of the Bursar of and no transcript will be released until the account is made current. jtu Lehigh Universlly prior to the commencement of the repayment period.Other provisions of this Agreement not wllhstanding,no payments shell be less than gfty($50.00) g dollars per month plus Interest. @@yy'' 7) 1 understand that I must promptly answer any communication from Lehigh University a~ III.In the event of a failure to meet a scheduled payment of any installment of principal or Interest due under[his Agreement,the entire unpaid Indebtedness shall,at the option regarding the loan. O of Lehigh Univ rally,became Immediately due and payable,together with Interest thereon,and legal action could be taken against the Borrowers.Borrowers promise to pay I ell attorneys fees and other reasonable collection costs and charges necessary for the collection of any amount not paid when due. 8) 1 understand I may prepay at any time.I further understand that future Interest will be i00 IV.Borrowers may,at their option and without penally,prepay all or any part of the principal,plus the accrued Interest thereon,at any time. 'y reduced by making such payments. 9 V.Lehigh University will defer payments of principal for a period,not to exceed three(3)years,during which Student is carrying,in a posbgroduele program,at an Institution of i5ip ,1 higher education,at least one-half the normal academic work load. 9) 1 understand that It I cannot make payment on time,I must contact The Bursar to VI.Borrowers are responsible for informing Lehigh University of any change or changes In their names or addresses. if explain my circumstances and to arrange a mutually-agreed-upon, alternate IN WITNESS WHEREOF;Borrowers have signed this Loan Agreement,Intending to be legally bound,and Intending this ament to be Interpreted as an Instrument under seal repayment plan. g� - pf 10) 1 authorize Lehigh University to contact any school which I may attend,to obtain a Ate/(, s I i Information concerning my student status,my year of study,my dates or attendance, x Dale (ea) graduation,or wllhdrawal;my transfer to another school,or my current address. e Slgnetureo dent i Address d'4 4 / O'. �r�' SM /• cay.state,ztp MY SIGNATURE AT RIGHT ATTESTS THAT I HAVE READ AND UNDERSTAND THE x �c�Z~Da[ RESPONSIBILITIES AND OPTIONS AVAILABLE TO ME,AND THAT I WILL ADHERE TO Rama Pnone Number THEM. a 3 x (seal) . Name of lndMdual whose Name Appears at Right(Pleas.Print) signature of Parent.Guardian or spouse Date .. 3 7 SSY' • Address X Wllaass city,state,zip Y x (s..g Name of Individual Whose Nem.Appears at Right(Please Print) signature of Parent or Guardian as# ZY Address O X ON.Slate.ZD WNnn"n TLEHIGH ID#(LIN) 432169445094 1-11 :�' 1 v E .R S I T Y INVOICE# 1021 BILL DATE 10/21/1'3 PAYMENT 11/1/13 DUE DATE BAL DUE $5,795.46 *AMOUNT ENCLOSED David A. Garry *Please make all checks payable to 808 Erford Rd. LEHIGH UNIVERSITY Camp Hill, PA 17011 TO ENSURE PROPER CREDIT TO YOUR ACCOUNT,WRITE YOUR'LIN'(SHOWN ABOVE)ON YOUR CHECK. Detach and return this portion with vour payment LEHIGH207 FFICE MEMORIAL DRIVEOF THE AWEST ID#(LIN) 432169445094 i v E a IS E .y. Y BETHLEHEM, PA 18015-3093 INVOICE# 1021 (610) 758-3160 BILLING 10/21/13 Fax (610) 758-3033 DATE Email:inburs@lehigh.edu PAYMENT 11/1/13 http://www.lehigh.edu/-inburs/ DUE DATE BAL DUE $5,795.46 Term Item Date Description Charges Credits 199920 7/6/99 Frank Williams loan $ 750.00 $1,082.81 Interest accrued 10/1/00-11/1/13 378.19 Collection Costs 15.13 Payments 11/29/00 - 10/21/11 199820 7/8/98 Lehigh loan $2,660.00 $3,575.58 Interest accrued 10/1/00- 11/1/13 1,387.95 Collection Costs 157.44 Payments 11/29/00-2/28/12 199820- 5/26/98- 1/18/00 Davis loan $7,910.00 $8,479.03 200010 Interest accrued 10/1/00- 11/1/13. 4,39.7.98 Collection Costs 1,276.19 Payments 11/29/00-2/28/12 Total Due: 95.46 E15 a D JUN-25-2014 09:38 KODAK AND IMBLUM P.C. 717 238 7158 P.13 VERIFICATION I, L tv� M-14C � G 1, G)0cdf,Ulc (name) (title) of LEHIGH UNIVERSITY,verify that the statements made in the aforegoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C. S. §4904, relating to unsworn falsification to authorities. LEHI H 1VERSITY By: A4 J�� Title: S�.tn Dated: )j�+_�� 39073/34301 P8 GARRY TOTAL P.13 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff r THE PROTHO?SOT R '( Jody S Smith Chief Deputy Richard W Stewart Solicitor OFFICE OFTi' $MEFJFF 2011i JUL 31 AM 10: 37 CU Y PENNSYLVANIAT Lehigh University vs. David Steven Garry Case Number 2014-4188 SHERIFF'S RETURN OF SERVICE 07/25/2014 08:25 PM - Deputy Dawn Kell, being duly sworn according to law, served the requested Complaint & Notice by "personally" handing a true copy to a person representing themselves to be the Defendant, to wit: David Steven Garry at 808 Erford Road, East Pennsboro, Camp Hill, PA 17011. DAWN KELL, DEPUTY SHERIFF COST: $45.44 SO ANSWERS, July 28, 2014 (c) C auntySuite Shorit`, Teleosott, Inc. • •612.0 �. RON R ANDERSON, SHERIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA LEHIGH UNIVERSITY CIVIL TERM Plaintiff ro t:=' V. CASE NO.: 14-4188 David Garry PRELIMINARY OBJECTIQWT "_- Defendant TO PLAINTIFF'S COMPLA1', JURY TRIAL DEMANDED DEFENDANT'S PRELIMINARY OBJECTIONS TO PLAINTIFF'S COMPLAINT AND NOW, comes David Garry, Defendant in the above-captioned matter, (hereinafter"Garry") who files his Preliminary Objections to the Complaint of Plaintiff, and states herein; (hereinafter"Plaintiff')pursuant to Pennsylvania Rules of Civil Procedure (PA.R.Civ.P.) 1028 et. seq., for their failure to establish they are the real party in interest; for, Plaintiff s lack of standing to bring the instant action;, for this Court lacks of jurisdiction to hear this matter as presented; for, Plaintiffs failure to conform to rule of court or law; for, insufficiency of Plaintiff s pleading and/or failure to plead with specificity, and in support thereof, states as follows: BACKGROUND 1. On or about July 18, 2014, Plaintiff filed a Complaint against Garry in the Court of Common pleas of Cumberland County. 2. On or about July 25, 2014 Garry was served with a copy of said Complaint. Plaintiff is not the Real Party in Interest, and lacks standing to bring this Action against Garry, and this Court lacks jurisdiction to hear this Matter 1 3. Plaintiff, LEHIGH UNIVERSITY is not the real party in interest, and lacks standing to bring this action against Garry, and accordingly, this court lacks jurisdiction to hear this matter as presented. 4. Plaintiff fails to attach any admissible evidence that complies with Pa. Rules of Evidence whatsoever, save for a self-serving "verification" executed by Linda Muckey by an unknown "agent",that is improper, albeit, defective and in violation of Pa. R. C. P. 1024 and it is not based upon personal knowledge, failed to state his expertise and what specific documents his examined nor failed to attach a certified copy of them to the complaint and the verification is not notarized. 5. Plaintiff fails to attach any admissible agreement(s) that purports to be between Plaintiff and Garry as to engender this court with jurisdiction. 6. "Jurisdiction, once challenged, is to be proven, not by the court, but by the party attempting to assert jurisdiction.The burden of proof of jurisdiction lies with the asserter. The court is only to rule on the sufficiency of the proof tendered". Schroech v. Pa.State Police, 26 Cmwlth. Ct. 41, 362 A2d 486 (1976) See McNutt v. GMAC. 298 US 178 (emphasis added) 7. Wherefore, Garry requests that that Plaintiffs Complaint be dismissed, pursuant to Pa. R. Civ. P. 1028(a)(1) for Plaintiff's failure to prove they have standing as a real party in interest, and for this court's lack of jurisdiction over the subject matter and/or the person, or in the alternative, for any other reason this Court deems just and proper. 8. 2 Plaintiff. LEHIGH UNIVERSITY lacks capacity to sue under Pa.R.Civ. P. 1028(a1(5) 9. Garry hereby incorporates paragraphs one (1) through seven (7) as if they are set forth at length herein. 10. Pa.R.Civ.P. 1028(a) provides that: "[p]preliminary objections may be filed by an party to a pleading and based upon to the following grounds:...lack of capacity to sue." Pa.R.Civ.P. 1028(a)(5) 11. Wherefore, Defendant requests that Plaintiff's complaint be dismissed, pursuant to PA.R.Civ.P.1028(a)(5), for lack of capacity to sue, and, for any other reason this court deems just and proper. Plaintiff s Complaint should be dismissed for failure to conform to rule of law or court because of Plaintiffs failure to attach any application or agreement that binds Garry and for insufficient specificitypleading and for legal insufficiency of a pleading,pursuant to PA.R.Civ.P 1028(a)(2)(3)and (4). 12. Garry hereby incorporates paragraphs one (1) through ten (10) as if they are set forth at length herein. 13. Pa.R.Civ.P. 1028(a)(2) provides in pertinent part that, "[p]preliminary objections may be filed by any party to any pleading and are limited to the following grounds:...failure of a pleading to conform to...rule of court." 14. The governance of content of pleadings may be found under Pa.R.Civ.P 1019, entitled Contents of Pleadings. General and Specific Averments 15. Pa.R.Civ.P 1019(a) states, "The material facts on which a cause of action or defense is based shall be stated in a concise and summary form." (emphasis added) 3 16. Pa R.Civ.P 1019(c) states, "In pleading the performance or occurrence of conditions precedent, it is sufficient to aver generally that all conditions precedent have been performed or have occurred.A denial of such performance or occurrence shall be made specifically and with particular"." (emphasis added) 17. Pa.R.Civ.P. 1019(f) states, "Averments of time,place and items of special damage shall be specifically stated." (emphasis added) 18. Pursuant to Pa.R.Civ.P. 1019(h) states, "When a claim or defense is based ---....apo n-an agreement,the pleading shall state sNecifically is the agreement is oral or written." (emphasis added) Note: "If[an] agreement is in writing, it must be attached to the pleading." See subdivision (i) of this rule (emphasis added) 19. Pa.R.Civ.P. 1019(i) goes on to state in pertinent part, "[w]hen any claim...is based upon a writing,the pleader shall attach a cop v of the writing..." (emphasis added) 20.A mandatory interpretation is usually conferred upon the use of words such as "shall", and, "must",whereas, a discretionary interpretation is afforded words such as "may". "...verbs used should carry with them their ordinary meanings" Salvadia v.Ashbrook. 923 A.2d 436, 441 (Pa. Super. Ct. 2007) 21. Plaintiff s Complaint is wholly deficient, and/or fatally defective, as it fails to identify, the denial of performance as alleged to have occurred with any specificity and/or particularity as required by Pa.R.Civ.P. 1019(c). 4 22. Plaintiff s Complaint is wholly deficient and/or fatally defective as it fails to state specifically, averments of time, place and items as otherwise alleged, pursuant to 1019(f). 23. Plaintiffs Complaint is wholly deficient as it fails to specifically state whether the alleged agreement is oral or written, as required by Pa.R.Civ.P 1019(h). 24. Plaintiff s Complaint is wholly deficient and/or fatally defective as it fails to attach the alleged requisite "agreement", "application" as required by Pa.R.Civ.P 1019(i). —25t Pjaintiff_s Complaint is wholly deficient and/or fatally—defective as it fails to attach any material evidence whatsoever sufficient to support the bogus contentions that, Garry is, in any way, obligated for anything, to Plaintiff, as otherwise required under Pa.R.CivP. 1019(a) as further delineated in all the above paragraphs as though they were included herein verbatim. 26.Without Plaintiff attaching proof of the allegations as set forth in their complaint, the pleading fails to establish any credible admissible evidence that would survive a challenge, including but not limited to PA. R.E. §§ 901, 902(11), 1002, 1003, 803.6,Title 42 Pa. C.S. §6108 and the hearsay rules. 27. Pursuant to Pa. R. C. P. 1019, under the Pennsylvania system of fact pleading, the pleader must define the issues; every act or performance essential to that end must be set forth in the complaint. Miketic v. Baron,450 Pa. Super. 91, 104, 675 A.2d 324, 330 (Pa. Super. 1996) (citing Santiago v. Pennsylvania Nat. Mut. Cas. Ins. Co., 418 Pa. Super. 178, 183, 613 A.2d 1235, 1238 (1992), Pa. R. C. P. 1019). 5 27. The complaint must not only apprise Garry of an asserted claim, but it must also synopsize the essential facts to support the claim. (citing Pa. R. C. P. 1019(a) and Kraisa v. Keypunch, Inc.,424 Pa. Super. 230, 234, 622 A.2d 355, 357 19( 93)). 28. Furthermore, the complaint must apprise the defendant of nature and extent of plaintiff's claim so that defendant has notice of what plaintiff intends to prove at trial and may prepare to meet such proof with his own evidence. Weiss v. Equibank,460 A.2d 271, 313 Pa. Super.446 (Pa. Super.1983). — :29.,-........-."The purpose.of Rule 1019(i) is to "requirPahe.pleader to disclose the material facts sufficient to enable the adverse party to prepare his case." Landau v. Western Pennsylvania National Bank, 282 A.2d 335, 339 (Pa. 1971 30. Accordingly, Plaintiffs Complaint fails to properly set forth a cause of action for breach of contract,whereby, Garry is unable to properly defend against the action and respectfully requests that this Honorable Court should sustain Garry's Preliminary Objections to the Plaintiffs Complaint. 31. Wherefore, Garry requests that this Court sustain his Preliminary Objections and dismiss Plaintiff's Complaint pursuant to PA.R.Civ.P. 1028(a)(2)(3) and (4) and/or for any other reason this Court deems just and proper. Defective Verification/Affidavit/Notarization 32. Garry hereby incorporates paragraphs one (1) through 31(3 1) as if they are set forth at length herein. 6 33. Pa. R.C.P 1024(c) states in pertinent part, "The verification shall be made by one or more of the parties filing the pleading unless all the parties (1) lack sufficient knowledge or information, or(2) are outside the jurisdiction of the court and the verification of none of them can be obtained within the time allowed for the pleading. In such cases, the verification may be made by any person having sufficient knowledge or information and belief and shall set forth the source of the person's information as to matters not stated upon his or his own knowledge and the reason why the verification is not made by a party". — 34. ._.-.,The Plaintiffs,verification is entirely defective.for it-violates Pa. R.C.P. 1035.4; Garry believes are both facial obvious and substantively fatal. 35. The verification is riddled with fatal errors thus making this Complaint unsupportable and it must be dismissed for failure to properly advise the Defendant of the charges being made against him. 36. Without a proper verification or affidavit this Complaint must be dismissed for failure to comply with PA. R.C.P. 1028 et seq. and especially 1019(g). 37. Garry requests that his Preliminary Objections to Plaintiff s Complaint be sustained, for the innumerable defects contained within Plaintiff s Verification and Affidavit, as well as the defect(s) in their notarization, or for any other reason this Court deems just and proper. WHEREFORE, Garry respectfully requests that his Brief in support of his Preliminary Objections be sustained and/or Plaintiff s complaint be dismissed for all the foregoing reasons contained herein; or, in the alternative, that Plaintiff s be compelled to 7 correct each and every defect to their Complaint within twenty(20) days from entry of this Court's Order, and, if after twenty (20) days, should Plaintiff fail to comply with this Court's Order, Plaintiff's Complaint be dismissed forthwith, with prejudice. Respectfully Submitted, David Garry 808 Erford Road Camp Hill, Pa. 17055 (717) 943-2918 8 CERTIFICATE OF SERVICE The above document entitled, Defendant's Preliminary Objections to Plaintiff's Complaint was mailed by First Class Prepaid U.S. Mail on or about August 28, 2014 to the address listed below. Jeffrey Troutman 407 North Front Street, 3rd Floor Harrisburg, Pa. 17101 _...,_. David cariy 9 tdkL)\ Ung Uers� l , (�lo�n�, v Ccoe. Pc Dow; ct1 of en l.e.k CERTIFICATE OF SERVICE The above document entitled, Defendant's Preliminary Objections to Plaintiff's ' Complaint was mailed by First Class Prepaid U.S. Mail on or about August 28-,-0.1 4 rn to -D the address listed below. rz <o aCD zcj Jeffrey Troutman 407 North Front Street, 3rd Floor Harrisburg, Pa. 17101 C) - cv 4 Da'd CTariy 9 CARLISLE MPO CARLISLE, Pennsylvania 170139998 4134870013 -0096 08/28/2014 (800)275-8777 05:01:56 PM Sales Receipt Product Sale Unit Final Description Qty Price Price Utility 1 $1.19 $1.19 Mailer 10.5" x 16" HARRISBURG PA 17101 Zone -1 $1.61 First -Class Mail Large Env 3.10 oz. Expected Delivery: Sat 08/30/14 Issue Postage: $1.61 Total: $2.80 Paid VISA by. $2.80 Account #: XXXXXXXXXXXX7024 Approval #: 070131 Transaction #: 835 23 903110013 xwwxxwwwwxxxwwxxxxwwxxxwxxxxxxxxxwwwxxxx xwxxwwwwxwwwwwxwwxxxxwxxxwxxxxwwwxxwxxwx BRIGHTEN SOMEONE'S MAILBOX. Greeting cards available for purchase at select Post Offices. xxxxxxwwxwwxxxxxwwxxxxxxxxxxwwwwxwwwxwxx wwwwxxxxwwwwwwwxwwxxwwwwxxwwxxxwxwwxxxxx j Order stamps at usps.com/shop or call 1-800-Stamp24. Go to usps.com/clicknship to print shipping labels with postage. For other information call 1-800-ASK-USPS. xxwwxxxwwxxxxxwxxxwwwwxxwxxxxxwxxxxwwxxx wwxwxwwwxxwwwwxxwwxxxxwwwxxwxwxxxxxxxwwx Get your mail when and where you want it with a secure Post Office Box. Sign up for a box online at usps.com/poboxes. xxwxwxxxxwwxwxxxwwxxwwxxxxxwxxwxwxxxwxxx wwwxxwwwwwwwwxxwwwxxwwwwwxwwwwwxwwwwxxxx Bi1l#: 1000405647933 Clerk: 07 All sales final on stamps and postage Refunds for guaranteed services only Thank you for your business HELP US SERVE YOU BETTER TELL US ABOUT YOUR RECENT POSTAL EXPERIENCE Go to: https://postalexperience.com/Pos Or scan this code with your mobile device. LEHIGH UNIVERSITY V. David Garry Plaintiff Defendant CIVIL TERM CASE NO.: 14-4188 BRIEF IN SUPPORT OF PRELIMINARY OBJECTIONS TO PLAINTIFF'S COMPLAINT JURY TRIAL DEMANDED CERTIFICATE OF SERVICE The above document entitled, Defendant's Brief in Support of Preliminary Objections to Plaintiffs Complaint was mailed by First Class Prepaid U.S. Mail on or about September 5th, 2014 to the address listed below. Jeffrey Troutman 407 North Front Street, 3rd Floor Harrisburg, Pa. 17101 David Garry 8 rr .• • mom Dillsburg Post Office DILLSBURG, Pennsylvania 170199998 4134870019 -0097 09/06/2014 (717)432-3035 10:48:16 AM mom mpommommumem Sates Receipt Product Sale Unit. Final Description Oty Price Price Photo/Doc 1 $1.49 Mailer 6x10 Chipboard HARRISBURG PA 17101-1215 Zone -1 First -Class Mail Parcel 2.40 oz. Expected Delivery: Mon 09/08/14 PID #: 9114 9999 4423 8073 3763 89 $1.49 $2.32 Issue Postage: $2.32 Total: $3.31 Paid by: Debit Card $3.81 Account #: XXXXXXXXXXXX7024 Approval #: 576318 Transaction #: 615 23 903110021 Receipt#: 001786 *XX*'Y. Y(***********XXXXXX*********i:******* XX*X*X**X**********X*X*XXXXXXXX*Y:***X*XX BRIGHTEN SOMEONE'S MAILBOX. Greeting cards available for purchase at select Post Offices. ****Y:XXX*XX*XXX**XX**XXX*XXXXX*X*XX*X*** XXXX'Y.***XXXX**X***X*X*X**X***X**X***XXX* Order stamps at usps.com/shop or call 1-800-Stamp24. Go to usps.com/clicknship to print shipping labels with postage. For other information call 1 -800 -ASK -USPS. **X*X***XXX*X*K***XXXX*XXXX***XXX*X***** XX*X****X*XXXXXXXXXXXX**XX*XXXXXX*XXXXXX Get your mail when and where you want it with a secure Post Office Box. Sign up for a box online at usps.com/poboxes. XX**:XXXXXX**XX*XXXXXXXXXXX*XXX*Y:*XXXXXX XXX*+.XXXXXXXXXXXXXXXX*XXXXX*XXXXX*X***X* Bi1l#: 1000306245092 Clerk: 01 All sales final on stamps and postage Refunds for guaranteed services only Thank you for your business HELP US SERVE YOU BETTER TELL US ABOUT YOUR RECENT POSTAL EXPERIENCE Go to: https://postalexperience.com/Pos Or scan this code with your mobile device. CAIA- PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and submitted in triplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: (List the within matter for theeext. Argument Court.) .z- i CAPTION OF CASE 2rrt (--) mac- (entire caption must be stated in full) cit r—, i ^^ Ci ., LEHIGH UNIVERSITY ¢C7 x,.. vs. f-, DAVID GARRY -< co . `. No. 14-4188 CIVIL Term 1. State matter to be argued (i.e., plaintiffs motion for new trial, defendant's demurrer to complaint, etc.): Defendant's Preliminary Objections 2. Identify all counsel who will argue cases: (a) for plaintiffs: Jeffrey L. Troutman, Esq 407 N. Front Street, 3rd Floor, (Name and Address) Harrisburg, PA 17101 717-238-7154 x10 (b) for defendants: David Garry, pro se (Name and Address) 808 Erford Road, Camp Hill PA 17011 3. I will notify all parties in writing within two days that this case has been listed for argument. 4. Argument Court Date: Date: q /o23/ 61 ure Je f're y L, Trc)(,lrn an Print your n me Plaintiff Attorney for INSTRUCTIONS: 1. Original and two copies of all briefs must be filed with the COURT ADMINISTRATOR (not the Prothonotary) before argument. 2. The moving party shall file and serve their brief 14 days prior to argument. 3. The responding party shall file their brief 7 days prior to argument. 4. If argument is continued new briefs must be filed with the COURT ADMINISTRATOR (not the Prothonotary) after the case is relisted. 03oa0a CERTIFICATE OF SERVICE I, Robin Z. Forry, Secretary for Robert D. Kodak, Esquire and Jeffrey L. Troutman, Esquire , hereby ell IN certify that on , a true and correct copy of the_Plaintiff's Praecipe Listing Case for Argument in the above -captioned matter was served upon the Defendant (or Defendant's counsel), via Regular U.S. Mail , deposited at Harrisburg, Pennsylvania, addressed as follows: DAVID GARRY 808 ERFORD ROAD CAMP HILL PA 17011 KODAK LAW OFFICES, P.C. Robin Z. Forry, S etary to Robert D. Kodak, Esquire and Jeffrey L. Troutman, Esquire IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA Lehigh University David Garry CIVIL TERM Plaintiff v. CASE NO.: 14-4188 Defendant co MOTION TO DENY ORAL ARGUMENT AND DISMISS COMPLAINT 1. David Garry is an individual residing at 808 Erford Rd Camp Hill PA 17011, and is referred to as Defendant in this motion. 2. Lehigh University is located at 27 Memorial Dr. W, Bethlehem, PA 18015 and is referred to as Plaintiff in this motion. 3. Kodak Law Firm, operating out of 407 N. Front St Harrisburg PA 17101 is the Plaintiffs counsel. 4. On July 18th, 2014 Plaintiff entered this civil action against Defendant in the Cumberland County Court of Common Pleas. Defendant was served with the complaint on July 26. 5. On August 28th 2014, Defendant entered his Preliminary Objections to the complaint, and filed his Brief in Support of Preliminary objections on September 5th, 2014. 6. Plaintiff had 20 days from August 28th to respond to Defendant's Preliminary Objections, and 10 days from that date to file an opposing Brief, but Plaintiff never responded to Defendant's Preliminary Objections, nor filed a Brief. 7. On September 23 2014, a Praecipe Listing Case for Oral Argument was written up, then on October 1St, 2014 Plaintiff sent Defendant the Praecipe Listing Case for Oral Argument; Plaintiff was required to notify Defendant in writing within two days of filing that the case was listed for argument., but the Praecipe was not filed in the Prothonotary's 1 office until October 8th 2014. Defendant is left wondering how/why he was improperly notified of something had not yet even been filed. 8. On October 24th, the Prothonotary listed the case for oral argument, to be held on November 14th 9. Plaintiff was required to file a Brief 14 days before Oral argument, which should have been filed by Friday October 31, 2014. 10. Plaintiff failed to file a Brief by Friday October 31, 2014. Conclusion Plaintiff, an entity with much greater financial resources than the Defendant, and Plaintiff's counsel, an entity with much greater specialized legal knowledge than the Defendant, have been playing loose with the court's rules, and have been attempting to take advantage of their superior position to harass Defendant, avoid responding to Defendant's Preliminary Objections, and draw out the proceedings. WHERFORE, the defendant respectfully requests this honorable court to grant this Motion, deny Plaintiffs Praecipe for Oral Argument, sustain Defendant's Preliminary Objections and DISMISS Plaintiff's complaint with prejudice. Respectfully Submitted, /C ///5// 'V David S. Garry 2 OFFICE OF THE PROTHONOTARY CUMBERLAND COUNTY DAVID D. BUELL PROTHONOTARY David Garry, Pro Se 808 Erford Road Camp Hill, PA 17011 DATE: October 24, 2014 TO Garry. Pro Se: THIS IS TO NOTIFY YOU THAT CASE NUMBER 2014-4188 Lehigh University VS. David Garry HAS BEEN LISTED FOR ARGUMENT ON NOVEMBER 14, 2014. Cumberland County Argument Court Rules 1028(c), 1034(a) and 1035.2(a) shall be strictly enforced. If the issue wasist�' ed or priorargument you must re -file your brief as per Local Rule 1028(c) 10. Argument Court Schedule, showing the time you must appear in court, can be found closer to the Argument date at: • www.ccpa.net • Put cursor on the word Government for a drop down box • Put cursor on the word Courts for a drop down box • Click on Court Administrator. • Criminal and Civil Trial lists • Argument Court Schedule David D. Buell Prothonotary LEHIGH UNIVERSITY, : IN THE COURT OF COMMON PLEAS OF PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA V. DAVID GARRY, DEFENDANT : NO. 14-4188 CIVIL ORDER OF COURT AND NOW, this 6t" day of November, 2014, upon consideration of the Defendant's Pro Se Motion to Deny Oral Argument and Dismiss Complaint; IT IS HEREBY ORDERED AND DIRECTED that: 1. A Rule is issued upon the Plaintiff, Lehigh University, to show cause why the relief requested should not be granted. 2. The Plaintiff shall file an Answer to the Motion on or before November 21, 2014. 3. Upon receipt of the Answer, this Court will determine if further Order or hearing is necessary. 4. Oral argument on the Plaintiff's Preliminary Objections will be continued until Friday, December 19, 2014 at 9:00 a.m. By the Court, ✓ehigh University c/o Kodak Law Firm Plaintiff ..David Garry, Pro Se Defendant C.Ci t £SII/67/y bas 1 c, f7'1 C CM KODAK LAW OFFICES, P.C. 407 North Front Street - 3rd Floor Harrisburg, PA 17101 717-238-7159 Fax: 717-238-7158 Attorneys for Plaintiff LEHIGH UNIVERSITY v DAVID GARRY Plaintiff Defendant(s) it Lir i 1 t �,r,0r, 9 13.1 1= lin F' .,dSYLyt!ti1Y Attorney for Plaintiff IN THE COURT OF COMMON PLEAS Cumberland COUNTY, PENNSYLVANIA I LI -1088 NO. 8— CIVIL DIVISION - LAW Answer of Plaintiff to Defendant's Motion to Deny Oral Argument and Dismiss Complaint The Plaintiff, LEHIGH UNIVERSITY, by its attorneys, KODAK LAW OFFICES, P.C., pursuant to the order of Judge Ebert, dated November 6, 2014, submits this answer to Defendant's Motion to Deny Oral Argument and Dismiss Complaint and in support of said Answer avers as follows: 1. Admitted upon information and belief. 2. Admitted. 3. Denied as stated. Counsel for Plaintiff is Kodak Law Offices, P.C. 4. Denied as stated. It is admitted that Plaintiff's Complaint in the above -captioned matter was filed on July 18, 2014. According to the Sheriff's Return of Service, Plaintiff's Complaint was served on July 25, 2014. 5. Admitted. By way of further answer, Defendant submitted his brief in support of his Preliminary Objections even though no Praecipe for listing the case for argument had been filed at that time. F:\USER\PO\39073 Ans of Pltf to deny oral arg and dimiss cmp.wpd 1 6. Denied. Defendant's Preliminary Objections were not endorsed with a Notice to Plead. Pursuant to Pa.R.C.P. 1026(a), no responsive pleading was required. Furthermore, the Note to Rule 1028 (c) (2) of the Pennsylvania Rules of Civil Procedure provides that "Preliminary objections raising an issue under subdivision (a)(1), (5), (6), (7) or (8) cannot be determined by facts of record. In such a case , the preliminary objections must be endorsed with a notice to plead or no response will be required under Rule 1029 (d)." There is no requirement pursuant to C.C.R.P.. 1028 (c) for a responsive pleading to be filed to Preliminary Objections. The briefing schedule set forth in C.C.R.P. 1028 (c)(5) contains no requirement that an opposing brief be filed ten (10) days from the date of a response to Preliminary Objections. 7. Denied as stated. It is admitted that the Praecipe for Listing Case for Argument was signed and dated on September 23, 2014. On October 1, 2014 the Praecipe was mailed to the Prothonotary of Cumberland County and a copy of the cover letter to the Prothonotary along with a copy of the Praecipe was mailed to Defendant on that same date. Defendant was thereby notified that the matter was being listed for argument. Counsel for Plaintiff did not receive a copy of the Praecipe back from the Prothonotary's office until October 9, 2014. Therefore, Defendant was given notice that the matter was being listed for argument at least ten (10) days sooner than if notice had not been given until after the copy of the Praecipe had been received back from the Prothonotary's office. It is specifically denied that Defendant was improperly notified of the listing of the case for argument. 8. Denied as stated by a notice dated October 24, 2014, the Prothonotary notified the parties that the case had been listed for argument on November 14, 2014. 9. Denied. Pursuant to C.C.R.P. 1028(c)(5) the party seeking the order is to file it's brief with the Court Administrator fourteen (14) days before the date set for argument F:\USER\PO\39073 Ans of Pltf to deny oral arg and dimiss cmp.wpd 2 and the responding party is to file it's brief seven (7) days before the date set for argument. As the party filing the Preliminary Objections, Defendant was the party seeking the order and Plaintiff was the responding party thereto. Therefore, Plaintiff's brief was not required to be filed with the Court Administrator until November 7, 2014. 10. Denied as stated. Plaintiff was not required to file a brief by Friday, October 31, 2014, but filed it's brief November 7, 2014 pursuant to C.C.R.P. 1028 (c)(5). Plaintiff is without knowledge or information sufficient to form a belief as to Defendant's averments of the relative financial resources of the party's or Defendant's legal knowledge. It is specifically denied that Plaintiff and or Plaintiff's counsel "have been playing loose with the court's rules, and have been attempting to take advantage of their superior position to harass Defendant." It is denied that Plaintiff has avoided responding to Defendant's Preliminary Objections, as it was Plaintiff who listed the Preliminary Objections for disposition. It is denied that Plaintiff has drawn out the proceedings. To the contrary, it is Defendant who has taken dilatory actions by filing baseless Preliminary Objections and a baseless motion. WHEREFORE, Plaintiff respectfully requests this honorable court to deny Defendant's motion and to grant Plaintiff any other relief the court deems appropriate. Respectfully submitted, KODAK LAW OFFICES, P.C. JE/L. TROUTMAN, ESQUIRE #53984 for Robert D. Kodak, Esquire #18041 407 North Front Street, Third Floor Harrisburg, PA 17101 (717) 238-7159 Attorney for Plaintiff F:\USER\PO\39073 Ans of Pltf to deny oral arg and dimiss cmp.wpd 3 CERTIFICATE OF SERVICE I, Adrienne K. Reilly, Secretary for ROBERT D. KODAK, ESQUIRE and JEFFREY L. TROUTMAN, ESQUIRE, hereby certify that on k‘ avq. , a true and correct copy of the Answer of Plaintiff to Defendant's Motion to Deny Oral Argument and Dismiss Complaint, in the above -captioned matter was served upon the Defendant, via Regular U.S. Mail , deposited at Harrisburg, Pennsylvania, addressed as follows: DAVID GARRY 808 ERFORD ROAD CAMP HILL PA 17011 KODAK LAW OFFICES, P.C. I I.- • Arienne K. Rei y, ec etary fo Robert D. Kodak, Esquire LEHIGH UNIVERSITY, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. : CIVIL ACTION — LAW : NO. 14-4188 CIVIL DAVID GARRY, Defendant IN RE: DEFENDANT'S PRELIMINARY OBJECTIONS TO PLAINTIFF'S COMPLAINT BEFORE HESS, P.J., MASLAND AND PLACEY, J.J. ORDER AND NOW, this 2 Z .k day of December, 2014, following argument at which the defendant did not appear, the preliminary objections in this case are DISMISSED. BY THE COURT, Jeffrey L. Troutman, Esquire 407 North Front Street, 3rd Floor isburg, PA 17101 David Garry 808 Erford Road Camp Hill, PA 17011 :rim COp 'es iri t Kevin . Hess, P.J. 70.