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HomeMy WebLinkAbout94-02365 ~ - Ji . , 8 .~ ~ 6, '\ '1 I ) / / ~: r- J lJ) ~! rtj] (Q~ I , I '";t- I ()' ~ '" ~ ~ "'''l ~ l'.'l \<""l ..,. ~ <-.....) -.:::r- \ ' 'J 0-:::, '-..9 r-- \,j..... ...- .. -.r I -, _ ~~ - ::r:: c._ ..... '=> m \... ) ..- ~) .r - ,- -- .j .-.p, ~ f".'-<. .~ -t"' - ~ = - . k ,. ~~~ co l.~\ {~:.J _. -E 6. I'ltlf;:!<-:I( '", \V:\U':\C r,'fN['__>. , tT 100 flINE: '5Tr.l ,., 0, DOli, 11'_", - 'A 1.'IOU tI~RRISOUR~~. I - ~ ... -- 4- -' IDJM'".', DICKINSON COLLEGE, . IN THE COURT OF COMMON PLEAS . Plaintiff . CUMBERLAND COUNTY, PENNSYLVANIA . v. CIVIL ACTION - LAW . Cf4 ,:J!; (/ ~ -- el L" ( J~'Yr0 . HOWARD POPKY and . NO. . SHEILA POPKY, Defendants . . NOTICE You have been sued in court. If YOU wish to defend aqainst the claims set forth in the followinq oaqes. vou must take action within twentv (20) davs after this comolaint and notice are served. bY enterinq a written aooearance oersonallv or bv attor- nev and filinq in writinq with the court your defenses or obiec- tions to the claims set forth aqainst vou. You are warned that if vou fail to do so the case mav oroceed without vou and a iudqrnent mav be entered aqainst vou bv the court without further notice for any monev claimed in the comolaint or for any other claim or relief requested bv the olaintiff. You may lose monev or orooertv or other riqhts imoortant to vou. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. COURT ADMINISTRATOR Cumberland County Court House Fourth Floor Carlisle, PA 17013 (717) 240-6200 McNEES, WALLACE & NURICK By 'Bdlk.O ~ Brett D. Davis I.D. No. 62668 100 pine Street P. O. Box 1166 Harrisburg, PA 17108-1166 (717) 232-8000 Attorneys for Plaintiff Dickinson College DICKINSON COLLEGE, . IN THE COURT OF COMMON PLEAS . Plaintiff . CUMBERLAND COUNTY, PENNSYLVANIA . . . v. : CIVIL ACTION - LAW . . HOWARD POPKY and : NO. SHEILA POPKY, . . Defendants . . COMPLAINT NOW COMES, plaintiff, Dickinson College (hereinafter "Dickinson"), by its attorneys, McNees, Wallace & Nurick, and files the within Complaint against Howard Popky and Sheila Popky. In support of its Complaint, Dickinson states as follows: 1. Plaintiff, Dickinson, is an educational institution of higher learning which maintains an address at P.O. Box 2896, Carlisle, Pennsylvania 17013. 2. Defendants, Howard and Sheila Popky are adult individ- uals whose last known address is 1651 Markley Street, Norristown, Pennsylvania 19401-2900. 3. On or about August 1, 1985, the Defendants entered into an Educational Goods and Services Retail Installment Contract (hereinafter "First Contract") for expenses incurred for goods and services to be provided and rendered to Bruce Popky by Dickinson during the 1985-1986 academic year. A true and correct copy of the First Contract is attached he~eto and made a part hereof as Exhibit "A". 4. On or about August 1, 1985, the Defendants entered into another Educational Goods and Services Retail Installment Con- tract (hereinafter "Second Contract") for expenses incurred for goods and services to be provided and rendered to Bruce Popky by Dickinson during the 1985-1986 academic year. A true and correct copy of the Second Contract is attached hereto and made a part hereof as Exhibit "B". COUNT I 5. Paragraphs 1 through 4 are incorporated herein by reference thereto. 6. Under the terms of the First Contract, the Defendants agreed to pay Dickinson Two Thousand Five Hundred Dollars ($2,500.00) with interest at the initial rate of 11% per annum in eight (8) equal monthly installments of Twenty-Two Dollars and Ninety-Two Cents ($22.92) commencing on October 1, 1985, and with interest at 10.996% per annum in seventy-two (72) equal monthly installments of Forty-Seven Dollars and Fifty-Eight Cents ($47.58), commencing June 1, 1986. 7. Under the terms of the Second contract, the Defendants agreed to pay Dickinson Five Thousand Five Hundred Dollars ($5,500.00) with interest at the rate of 10.497% per annum in one hundred sixteen (116) equal monthly installments of Seventy-Five Dollars and sixty-Six Cents ($75.66) commencing on October 1, ~ - 2 - ,.:-' 1985. (The First Contract and the Second Contract are herein- after referred to collectively as the "Contracts"). 8. The Contracts further provide that "[i]f 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." 9. The Contracts further provide that if an event of default of the Contracts occurs, and is not cured by the borrower, Dickinson had "the right to declare all sums due on the Contract to be immediately due and payable." 10. On or about April 30, 1990, the Defendants defaulted on their obligations under the contracts by failing to make the required monthly payments when due. 11. In accordance with the terms of the Contracts, Dickinson has declared the Contracts to be in default. The total amount which became due and owing to Dickinson by the Defendants pursuant to the Contracts is six Thousand six Hundred Eighty- Seven Dollars and Ninety-Five Cents ($6,687.95), which includes interest through December 8, 1993. 12. Dickinson has demanded payment of the obligation owed to it by the Defendants, but the Defendants have failed and refused to do so. WHEREFORE, Plaintiff demands judgment against Howard Popky and Sheila Popky in the sum of six Thousand six Hundred Eighty- - 3 - ,- '5ikM~?,~.-,zf_ Seven Dollars and Ninety-Five Cents ($6,687.95), plus interest at $.305 per diem from December 9, 1993, until the Defendants obligations are paid in full, plus costs of suit, which sum does not exceed the jurisdictional limit for compulsory arbitration. COUNT II In the alternative, if this Honorable Court should determine that an express contract between the parties does not exist, which is denied, Plaintiff pleads the following: 13. Paragraphs 1 through 4 inclusive are hereby incor- porated herein by reference. 14. Having requested Dickinson College to loan money and doing so to the benefit of the Defendants, the Defendants became liable to Dickinson College for said money. 15. The Defendants have been unjustly enriched by accepting said money without paying Dickinson College reasonable compensa- tion therefor. WHEREFORE, Plaintiff demands judgment against Howard Popky and Sheila Popky in the sum of Six Thousand Six Hundred Eighty- 16. The total amount by which the Defendants have become enriched on account of the money loaned is Six Thousand six Hundred Eighty-Seven Dollars and Ninety-Two Cents ($6,687.95). 17. Dickinson College has demanded that the Defendants pay this amount but the Defendants have failed and refused to do so. - 4 - I I' ~ r '!\ ,-!""- -., I'irIIIW Seven Dollars and Ninety-Five Cents ($6,687.95), plus interest and costs of suit, which sum does not exceed the jurisdictional limit for compulsory arbitration. McNEES, WALLACE & NURICK By ,s~Q-. Brett D. Davis I.D. No. 62668 100 Pine Street P. O. Box 1166 Harrisburg, PA 17108-1166 (717) 232-8000 Attorneys for Plaintiff Dickinson College Dated: 4-1R-4"f - 5 - . . , ,~;f'r;. --:' !.O' l':llOl ."1 , YERIr,J.CA'l'lQH sUbjeot to the penalties of 18 Pa. C.S. 54904 relating to unsworn falsification to authorities, I hereby oertify that I am Thomas B. Meyer of Dickinson College, and I am authorized to verify this Complaint on its behalf, and further, that the facts set forth in the foregoing Complaint are true and correct to the best of my information and belief. Dated: (1/16"/91 ~ <..~ Thomas . Meyer I~:... .:.. .;: I -"."1 . ...:.; t : -I, . '.i ';'';''j:'; J t:. .. '_'0-1:"'" EXHIBIT "A" t'"'\ r- SEP 4 1$85 DICKINSON COLLEGE FLEXIBLE FINANCING SYSTEM - 2500 PLAN EDUCATIONAL GOODS AND SERVICES RETAIL INSTALLMENT CONTRACT Date August 1, 1985 I. Seller: Dickinson College, Carlisle, Pennsylvania 17013 Buyer(s): Howard and Shella Popky 816 :Iargot Lane, ?enn Valley, I'A 19072 If there is more than one Buyer, each of you will be obligated, jointly and severally, for all sums due and for the performance of all agreements as provided in this Contract. Under the terms of this Educational Goods and Services Retail Installment Contract, you have agreed to pay the expenses incurred for goods and services to be provided and rendered, as the case may be, to Druce (hereinafter "Student") during his/her enrollment at Dickinson College during the 1985-36 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 the following: Tuition and room and board II. TERMS OF PAYMENT AND PAYMENT SCHEDlILE Disclosures Required by Federal Law ANNUAL FINANCE AMOUNT FINANCED: TOTAL OF TOTAL SALE PERCENTAGE CHARGE: Amount of credit PAYMENTS: PRICE: RATE: Dollar Amount provided by Amount paid Total cost of Cost of eredit credit will Dickinson College by Buyer as purchase on as yearly rate cost Buyer total of all credit, in- scheduled eluding down Prior to regay- payments payment of ment: 11.0 0% $ 9,630.00 During repa9'- 1,684.12 ment: 10.9 6 % $ $ 2,500.00 $ 3,684.12 $ 12,130.00 " "....., Buyer's paymcnt schedulc will bc as follows: Number of Pa ments Amount of Pa ents When Pa ments Are Due 8 22.92 monthly commencing October 1. 1985 , and continuing until llav I, 1986 or such timc as Student is no long- er enrollcd at Dickinson (or in an approved full-timc off-campus pro- gram of studies), whichever is earlier. 72 47.58 monthly commencing Junc 1, 1986 or such time as Student is no longer cnrolled at Dickinson (or in an approved full-time off-campus program of studics), whichever is earlier. Late charge: If a payment is more than 15 days ~ate, a sum equivalent to 5% of the late payment (but no more th"n $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. Payments greater than the payoff amount but less than $3.00 will not be refunded. 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. Ill. ITEMIZATION OF AMOUNT FINANCED 1. Cash price of Goods and Services: $ 12,130.00 2. Total down payment: 9,630.00 3. Unpaid balance of cash price (1 - 2): 2,500.00 4. Amount paid to others on Buyer's behalf: .00 5. Amount Financed (3 + 4): $ 2,500.00 -2- ,...~' ';;_-.'1 " r-.. IV. CREDIT INSURANCE Credit lifc insurance for the tcrm 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. Buycr agrces to pay Sellcr thc 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 samc datc of each month as the first payment datc. Payments must be made to Industrial Valley Bank at the following address: Industrial Valley Bank P.O. Box 433 Upper Darby, Pennsylvania 19082 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 othcr provision of the Contract, (d) providing Seller with false information or signatures, (e) ~death, incompetence, or conviction of any Buyer of crime in- volving 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 curc the default. The notice will provide the time, amount and performance nccessary 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 bc immediately due and payable. -3- . . r" ......... 5. Waiver by Sellcr of any evcnt of default shall not be binding upon Scl1cr if Scller should thercaftcr choosc to cxercisc that or any othcr right or a similar Evcnt of Default occurs latcr. All Scllcr's rights and remedics shall be cumulative. Scllcr's excrcisc of onc or morc rights shall not cause Seller to losc any other rights. 6. This Contract is frcely assignable by Seller. Buyer agrees that upon receiving notice of the assignmcnt Buycr shall bc obligated to the Assignee of this Contract, which Assignee shall havc all of Sellcr's rights and remcdies. 7. If any part of this Contract is held to be illegal, void or unenforceable, that provision shall be deemed not to havc been a part of this Contract, which shall otherwise remain fully effective. 8. The laws of thc Commonwealth of Pennsylvania shall apply to this Con- tract except to thc extent supplemented, supcrsedcd or pre-cmptcd by federal law. 9. This Contract shall bc binding upon thc parties hereto, their heirs, successors, assigns and legal rcprcsentatives. 10. 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 AMO:rnT DUE AND UNDER CERTAIN CONDITIONS TO OBTAIN A PARTIAL REFUND OF THE FINANCE CHARGE. BUYER(S) ACKNOWLEDGE(S) RECEIVI~G A COMPLETED CONTRACT AND INTEND(S) TO BE LEGALLY BO BUYER(S): ~ COPY OF THIS ITS TERMS. DATE: g ~( gs By ~cLL,tf JiL -4- EXHIBIT "B" ,"'\ ~ SEP 4 1985 DICKINSON COLLEGE FLEXIBLE FINANCING SYSTEM - 7000 PLAN EDUCATIONAL GOODS AND SERVICES RETAIL INSTALLMENT CONTRACT Datc August 1, 1985 I. Scllcr: Dickinson Collcge, Carlislc, Pcnnsylvania 17013 Buyer(s): lIoward "nd Sheil" I'opkv 816 :Ia rgot Lanc, Penn V"lley, I'A 19072 If there is morc than one Buycr, each of you will be obligated, jointly and sevcrally, for all sums duc and for the pcrformance of all agreements as providcd in this Contract. Under the terms of this Educational Goods and Serviccs RetaiI Install- ment Contract, you have agreed to pay thc cxpcnscs incurred for goods and serviccs to be provided and rcndercd, as thc case may bc, to 3ruce (hereinafter "Studcnt") during his/her cnrollment at Dickinson College during the 1985-86 academic year, including tuition, room and board, books and supplies as hcrcin stated (h~reinafter the "Goods and Services"). The Goods and Services shall include only thc following: Tuition and room and board II. TERMS OF PAYMENT AND PAYMENT SCHEDULE Disclosurcs Required by Fedcral Law ANNUAL FINANCE AMOUNT FINANCED: TOTAL OF TOTAL SALE PERCENTAGE CHARGE: Amount of crcdit PAYMENTS: PRICE: RATE:'" Dollar amoun provided by Amount paid Total cost of Cost of credit crcdit will Dickinson College by Buyer as purchase on as yearly rate cost Buyer total of all credit, in- scheduled cluding down payments payment of $ 6,630.00 10.497 % $ 3,276.56 $ 5,500.00 $ 8,776.56 $ 12,130.00 ~ r-- Buycr's paymcnt schcdulc will bc as follows: Number of Pa ents When Pa ents Are Due 11(.. 1~ :.r.. Monthly commencing Octobcr 1. 1985 until -l1~)' 1. '9Qt; *Variable Rate: 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 effcctive 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 $ 5500.00 at In ~ % per annum for 111'. months, and the prime rate plus 1% were increased to 11 ~ %, your regular monthly payments would increase to $ 7R 7~ Further, the ANNUAL PER- CENTAGE 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. Late Charge: If a payment is more than 15 days late, a sum cquivalent to 5% of the late payment (but no more than $2.50 and not less than $1.00) may be charged. Prepayment: Buyer may prepay the unpaid balancc of the Amount Financed and any FINANCE CHARGE due through the date of early payment, in full or in part, without penalty. Payments greater than the payoff amount but less than $3.00 will not be refunded. 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. -2- " ,....... III. ITEMIZATION OF AMOUNT FINANCED 1. Cash price of Goods and Services: $ 12.130.00 2. Total down payment: 6.630.00 3. Unpaid balance of cash pricc (1 - 2): 5,500.00 4. Amount paid to others on Buyer's behalf: .00 5. Amount Financed (3 + 4): $ 5,500.00 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 Industrial Valley Bank at the following address: Industrial Valley Bank P.O. Box 433 Upper Darby, Pennsylvania 19082 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 Dcfault" of thc Contract upon the occurrence of any of the following: (a) failure to make any payment on or bcforc the date it is due, (b) failure to make a payment on any other contract outstanding with Seller, ~ ~. (c) failurc to pcrform any othcr provision of thc Contract, (d) providing Scllcr with falsc information or signaturcs, (e) dcath, incompctcncc, or conviction of any Buycr of crime in- volving fraud or dishonesty, (f) insolvency or bankruptcy of any Buyer. 4. Upon or after the occurrcncc of any Event of Default, Seller will provide Buyer with noticc, by certified mail as required by law, addressed to Buyer's last known address as shown on Seller's rccords, advising Buyer of the default and of Buyer's right to cure the default. The notice will provide the timc, amount and performance necessary to cure thc default. If Buyer does not cure the default as providcd in the notice, Sellcr's rights shall include the right to dcclare all sums due on the Contract to be immediately due and payable. 5. Waiver by Seller of any evcnt of default shall not be binding upon Sellcr if Seller should thereaftcr choose to excrcise that or any other right or a similar Event of Default occurs later. All Seller's rights and remedies shall be cumulative. Scller's exercise of onc or more rights shalI not cause Seller to lose any other rights. 6. This Contract is frcely 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 Scller's rights and remedies. 7. If any part of this Contract is held to be illegal, void or unenforceable, that provision shall be deemed not to have been a part of this Contract, which shall otherwise remain fully cffective. 8. The laws of the Commonwealth of Pennsylvania shall apply to this Con- tract cxcept to the extent supplemented, supersedcd or pre-empt~d by federal law. 9. This Contract shall be binding upon the parties hereto, their heirs, successors, assigns and legal representativcs. 10. 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 -4- '-. .---' THE FUll. A.'10UNT DUE AND UNDER CERTAIN CONDITiONS TO OBTAIN A PARTIAL REFUND OF THE FINANCE CHARGE. BUYER(S) ACKNOWLEDGE(S) RECEIVING A COMPLET COpy OF THIS CONTRACT AND INTEND(S) TO ITS TERMS. BUYER (S) : DATE: ,,///" 'i<W~j /7 i'. IL7 By '?7fv.L,f j )L . FOR DICKINSON COLLEGE USE ONLY For value received, Seller hereby sells, assigns, and transfers to Industrial Valley Bank and Trust Company all of Seller's rights, title and interest in this Educational Goods and Services Retail Installment Contract, with full recourse to Seller. This tf day of .~...'19~ '. .n. ~/.,1 ~"e: //<."..,...................1- C....".-t.A' TITLE DICKINSON COLLEGE, BY: -5- ~ SHERIFF'S RETURN COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND In the Court of Common Pleas of Cumberland County, Pennsylvnaia No.94-2365 Civil Term Complaint in Civil Action Law and Notice Dickinson College VS Howard Popky and Shiela Popky R. THOMAS KLINE, Sheriff, who being duly sworn according to law, says, that he made diligent search and inquiry for the within named defendant, to wit: Howard Popky and Shiela Popky but was unable to locate them in his bailiwick. He therefore deputized the sheriff of Montgomery County, Pennsylvania, to serve the within Complaint in Civil Action Law and Notice On MRY 13. 1994 , this office was in receipt of the attached return from Montgomery County, Pennsylvania. Sheriff's Costs: Docketing Out of County Surcharge Montgomery Co. Sworn and subscribed So answers: 18.00 5.00 4.00 36.00 63.00 Pd. to before . . '.~ / ~~..... by me / R. THOMAS KLINE, Sheriff Atty. 5-13-94 this 7'7J.... I - day of -)h~.~ / 19 ?'f ,A.D. ) 0 " "1' 1'- t.... . ))L,JC,. - Prothonotary (,'.k"~ . '.'ft'';'i-:f!rl " . SHERIFF'S RETURN COST $ DEFENDANT DOCUMENT SERVED INDIVIDUAL SERVED RELATIONSHIP TO DEFENDANT Q- 2331 PROTHONOTARY #: Howard Popky and Shiela Popky Civil Howard Popky Defendant and Person In Charge DATE AND PREVAILING TIME LOCATION May 10, 1994 @ 09:25 1651 Markley Street, Norristown, PA THE ABOVE DOCUMENT WAS SERVED ON THE DEFENDANT AS PER INFORMATION LISTED ABOVE IN THE COUNTY OF MONTGOMERY, COMMONWEALTH OF PENNSYLVANIA. AFFIRMED AND SUBSCRIBED BEFORE ME ON THIS DAY. May 1I, 1994 SO ANSWERS, ~~f?o(~ FRANK P. LALLEY SHERIFF OF MONTGOMERY COUNTY v: ~ f- '--..' ,- ~.. i", (;..< f-tl' __ -t.c' "O,I,.L-il..'f'" NOTARY PUBLIC BY :~,'),~,It ,/J A--J"/,f;) DEPUTY SHERIFF '--..-- -.. '~7""'" "....-..-....-__ II:,'. ".: -, -:'~C~~ .~ ~~.. .' . '.', i, I . ._'-~d~'...1 Bono ..' I, -" c . 'C 11 'I,e . OUrT or .:mmO:1 Dickinson College ~{=,....~ 1'___ . - I d.' 1".1 I .,," "-.;'!'l-n I -"'-""1 - '--..1..._...... -4. ............J/ ?anr:syl'lc:r:i ::::: 'is. 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