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HomeMy WebLinkAbout94-06375 , I " " " , I ~ 1,..1 , ," , , ,t'. , , , I , ,I I, 'J" I '1,1, '" , I I , I , , ' ' , 'Ii , , I " I, , I ,I I 'I I I " , I i,' , I ' , I I , ' , ,i, I , , 1", , " , " I 'I , , I" , ,"1 I " ',I, " " " II' ". ;., ",t' " ,I' . , \ v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW (vc <llL J~.k1'Y'- DICKINSON COLLEGE, plaintiff STEPHEN T. CARNEY, Defendant NO. ql;- ~3 75 NOTICE You hav~ b3en 8U8d in court. If vou wish to daf.nd aaainat the claims set forth ~n the followina Daaes. you mu.t take action within twentv (20\ davs after this comDlaint and notice are served. fil~::e{ni~~i~i::~titt~n t:~p~~~::c:ou~e~:~~~~;~ 00: o~~e::[~~:-;o ~~: claim. set forth aaainst you. You are warned that if vou fail to do .0 the case mav \>roceed without vou and a iudamtnt may be entered aaainst vou bv the court without further notlc~ tor any money claimed in the comDlaint or for any other claim or relief reauested bv the Dlaintiff. You mav lose monev or DroD4rtv or other riqhts imDortant 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 ~~E OFFICE SET FORTH BELOW TO FIND ~WHERE YOU CAN GET LEGAL HELP. COURT ADMINISTRATOR Cumberland County Court House Fourth Floor Carlisle, PA 17013 (717) 240-6200 MC:,S, WALLA::J;E & NURICK By_b~\) ~~. Brett D. Dav s I.D. No. 62668 100 pine Street P. O. Box 1166 HarriSburg, PA 17108-1166 (717) 232-8000 Attorneys for Plaintiff Dickinson College v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW DICKINSON COLLEGE, Plaintitt STEPHEN ~'. CARNEY, Detendant NO. COIIPLAIII'l' 1. Plaintitt, Dickinson college (hereinatter "Dickin.on"), is an educational institution of higher learning which maintains an addre.. at P.O. Box 2B96, Carlisle, Pennsylvania 17013. " . Detendant, stephen T. carney, is an adult individual whos. last known address is 191 Spring Road, North Kingstown, Rhode Island 02852-1651. 3. On or about August 1, 1985, Defendant entered into an Educational Goods and services Retail Installment Contract (hel'elnatter "First Contract") tor expenses incurred tor goods and services to be provided and rendered to Detendant by Dickinson during the 1985-1986 academic year. A true and correct copy of the First Contract is attached hereto and made a part hereot as Exhibit "A". 4. On or about August 11, 1986, Detendant entered into a Educatlonal Goods and Services Retail Installment Contract (hereinafter "Second Contract") tor expenses incurred tor goods anC: services to be provided and rendered to Detendant by Dickinson during the 1986-1987 academic year. A true and correct copy ot the Second Contract ie attached hereto and made a part hereot ae Exhibit "B". 5. Paragraphs 1 reference thereto. 6. Under the terms of the First contract, Defendant agreed to pay Oickinaon Seven Thousand Dollars ($7,000) with interest at the initial rate of 10. 498t per annum in 152 equal Dlonthly installm.nts of Eighty-three Dollars and Forty-lour Centa ($83.44) commencing on October 1, 1985. 7. Under the terms of the Second contract, Defendant agreed to pay Dickinson Seven Thousand Dollars ($7,000) with interest at the initial rate of 9.499' per annum in 140 equal monthly inatl\llments of Eighty-two dollars and Ninety Cents ($82.90) commencing on september 30, 1986. (The First Contract and Second Contract /Sre collectively referred to as the "contracts") 8. The Contracts further provide that "[ i J f a payment is more than 15 days late, a sum equivalent to 5' of th~ 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. Defendant defaulted on his obligation under the Contracts by failing to make the required monthly payments when due. Despite being advised of the default on his obligation, Defendant has failed to cure such default. 11. In accordance with the terms of the Contracts, Dickinson COUIIT I through 4 are incorporated herein by - 2 - . ha. declar.d the Contracts to be in default. The total a..ount which beca... due and owing to Dickinson by Defendant pur.uant to the contract. is TWelve Thousand One Hundred Thirty-nine Dollar. and Ninety C.nt. ($12,139.90), which includes inter..t through october 21, 1994. 12. Dickinson has demanded payment of the obligation owed to it by Defendant, but Defendant has failed and refused to do .0. WHEREFORE, Plaintiff demands judgment against Stephen T. Carney ,in the sum of TWelve Thousand One Hundred Thirty-nine Dollars and Ninety Cents ($12,139.90), plus interest at $1.86 per diem from October 2]" 1994, until Defendant's obligation is paid in full, plus costs of suit, which sum does not exceed the jurisdic- tional 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 incorporated herein by reference. 14. Having requested Dickinson College to loan money and doing so to the benefit of Defendant, Defendant became liable to Dickinson College for said money. 15. Defendant has been unjustly enriched by uccepting said money without paying Dickinson college reasonable compen.ation therefor. 16. The total amount by which Defend~nt has become enriched - 3 - on account ot the money loaned ia Fourteen Thou.and Dollara ($14,000.00). 17. Dickinaon College haa demanded that Detendant pay thia amount but Detendant haa tailed and retused to do ao. WHEREFORE, plaintiff demanda judglllent againet Stephen T. carney in the IUlll ot Fourteen Thouaand Dollara ($14,000.00), plus intereat and coate of auit, which aUlll do. a not exceed the juriedictional limit tor cOlllpulaory arbitration. McNEES, WALLACE ~URICJ( By l?$() ~d, Brett D. Davis I.D. No. 62668 100 Pine street P. O. Box 1166 Harriaburg, PA 17108-1166 (717) 232-8000 Attorneys tor Plaintitf Dickinaon College Datedl '0 .;}-qLf' - 4 - VERIFICATION Subject to the penalties of 18 Pa, C.S. 54904 relating to un.worn fal.ification to authoritie., I hereby certify that I .. Thoaa. B. Meyer of Dickinson college, and I am authoriae4 to verify this co.plaint on it. behalf, and further, that the fact. .et forth in the foregoing Complaint are true and correct to the b..t of .Y information an4 belief. ~~ D:ate4z " ., ,. Number of Pa ents 1.52 *Variable Rate: Late Charge: Prepayment: '.-.. ,-., Buyer's payment schedule ~i11 be as follows: Amount of Pa ments -I When Pa ents Are Due Monthly commencinsOctober I, 1985 until /lay I, 1998 83.44 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 intereat 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 $ 7000.00 at 10.5 % per annum for 152 months, and the prime rate plus 1% were increased to 11. 5 %, your regular monthly payments would increase to $ 67.64 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. 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. 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 ABOIlT NON~ PAYMENT, DE1AULT AND REQUIRED REPAYMENT BEFORE THE SCHEDULED DATE FOR REPAYMENT OF THE AMOUNT FINANCED. -2- " r-, (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 in- volvina fraud or dishonesty, (f) insolvency or bankruptcy of any Buyer. 4. Upon or after the occurrence of any Event of Defsu1t, 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, advisina 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. 5. Waiver by Seller of any event of default shall not be binding upon Seller if Seller should thereafter choose to exer~ise that or any other right or a similar Event of Default occurs later. All Seller's rights and remedies .hall be cumulative. Seller's exercise of one or more rights shall not cause Seller to lose any other rights. 6. This Contract is freely assignable by Seller. Buyer agrees that upon receiving notice of the assignment Buyer shall be obligated to the Assignee of this Contract, which Assignee shall have all of Seller's rights and remedies. 7. If any part of this Contract is held to be illegal, void or unenforceable. that provision shall be deemed not to have been a part of this Contract, which shall otherwise remain fully effective. 8. The laws of the Commonwealth of Pennsylvania shall apply to this Con- tract except to the extent supplemented, superseded or pre-empted by federal law. 9. This Contract shall be binding upon the parties hereto, their heirs, .uccesaora, assigns and hgal r..pre...mtativea. 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 COODS OR SERVICES OBTAINED PURSUANT HERETO OR WITH THE PROCEEDS HEREOF. RECOVERY HEREUNDER BY THE DEBTOR SHALL NOr 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 Fll,LED-IN COPY OF THIS AGREEMENT. (3) UNDER THE LAW, YOU HAVE THE RIGHT TO PAY OFF IN ADVANCE -4- . .""""\ 1"'\ THE rutJ. A.'tOUNT DUE AND UNDER CERTAIN CONDITiONS TO OBTAIN A PAIlTl.U. REFUND or THE rINANCE CHARGE. BUYER(S) ACKNOWLEDGE(S) RECEIVING A COMPLETED COPY OF THIS CONTRACT AND INTEND( 0 LEGAL~Y ~~D BY ITS TEIIHS. BUYER(S): ." (4'0.t'., DATE: <? kl ~:S- 4~"LJ:J -;iL By 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 ri&hts, title and interest in this Educational Goods and Services Retail Installment Contract, with full recourse to Seller. This zZ- day of ~:i:- /-<l5U / '" a~d,,~~ TITLE DICKINSON COLLEGE, BY: -5- I, -, EXHIBIT "B" .. 1',; c ,; ,-" r BORROWER ALREADY HAS AN ACCOUNT ESTABLISHBD.... ":. (. "___j..I, J { I DICKINSON COLLEGE FLEXIBLE FINANCING SYSTEM - 7000 PLAN EDUCATIONAL GOODS AND SERVICES RETAIL INSTALLMENT CONTRACT Date AUR\lst 11. 1986 1. Seller: Dickinson College, Carlisle, Pennsylvania 17013 Buyer (s): Stephen T. Csrney If there is more than one Buyer, each of you will be obligated, jointly and severally, for all sums d\le and for the performance of all agreements as provided in this Contract. Under the terms of this Educational Goods and Services Retail Install- ment Contract, you have agreed to pay the expenses incurred for goods and services to be provided and rendered, as the case may be, to Stephen (hereinafter "Student") during his/her enrollment at Dickinson College during the 1986-87 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 bosrd. f~ ,) J ( "(, :'; I' , ! l '" h,/ ~ 11. TERMS OF PAYMENT AND PAYMENT SCHEDULE Disclosures Required by Federal Law ,Lj 1hz-. ANNUAL PERCENTAGE RATE: * Cost of credit as yearly rate FINANCF. CHARGE: Dollar amoun credit will cost Buyer AMOUNT FINANCED: Amount of credit provided by Dickinson College TOTAL OF PAYMENTS: Amount paid by Buyer as total of all scheduled payments TOTAL SALE PRICE: Total cost of purchase on credit, in- cluding down payment of $ 6.35Q.&O $ 13.350.00 9.499 $ 4,606.00 $ 7 ,000.00 $ 11,606.00 % fi' .""'\ 1"'1 Buyer's payment schedule will be as follows: Number of Pa ents Amount of pa ments When Pa ents Are Due 140 $82.90 Monthly commencina until 5/30/98 9/30/86 *Variable Rate: The ANNUAL PERCENTAGE RATE disclosed above is a variable rat.e and may chanae. The ANNUAL PERCENTAGE RATE may increase durina 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 followina the increase, if any, in the prime rate of interest. Any increase will be in the form of hiaher payment amoun.ts. If your cost of the Goods and Services sold hereunder were $ 7.000.00 at 9.5 % per annum for l40 lIIOnths, and the prime rate plus 1% were increased to lO.5%, your reaular monthly payments would incree.se to $ $86.91 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 Charae: If a payment is more than 15 days late, a sum equivalent to 5% of the late payment (but no more than $2.50 and not less than $1.00) may be charged. Prepayment: Buyer may prepay the unpaid balance of the Amount Financed and any FINANCE CHARGE due throuah 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- PAYKENT, DEFAULT AND REQUIRED REPAYMENT BEfORE tHE SCHEDULED DATi: FOR REPAYMENT OF THE AMOUNT FINANCED. -2- -~\ r-" III. ITEMIZATION OF AMOUNT FINANCED 1. Cash price of Goods and Services: $ 13.3~0.00 2. Total down payment: 6.350.00 3. Unpaid balance of calSh price (1 - 2): 7.000.00 4. Amount paid to others on Buyer's behalf: 0 5. Amount Financed (3 + 4): $ 7.000.00 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 Pidelity Bank at the followins address: PideIi ty Bank 141 Garrett Road Upper Darby, PA 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 cur.es any defaul to 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, -)- --.., f", (c) faiLure to perform any other provision of the Contract, (d) providing Seller with falss information or signatures, (e) death, incompetence. or conviction of any Buyer of crime in- volving fraud or dishonesty, (f) insolvency or bankruPtcy of any Euyer. 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. 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 rem~dies shall be cumulative. Seller's exercise of one or more rights shall not cause Seller to lose any other rights. 6. This Contract is freely assignable by Seller. Buyer agrees that upon receiving notice of the assignment Buyer shall be obligated to the Assignee of this Contract, which Assignee shall have all of Seller's rights and remedies. 7. If any part of this Contract is held to be illegal. void or unenforceable, that provision shall be deemed not to have been a part of this Contract, which shall otherwise remain fully effective. 8. The laws of the Commonwealth of Pennsylvania shall apply to this Con- tract except to the extent supplemented, superseded or pre-empted by federal law. 9. This Contract shall be binding upon the parties hereto, their heirs, successors, assigns and legal representatives. 10. TIME IS OF THE ESSENCE OF THIS CONT&\CT. NOTIC~: 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- " " . , . DICKINSON COLLEGE, plaintiff IN THE COURT OF COMMON PLEAS CuMBERLAND COUNTY, PE~SYLVANIA NO. 94-6375 v. STEPHEN T. CARNEY, Defendant CIVIL ACTION - LAW PRAECIPE FOR ENTRY OF DEFAULT JUDGMENT TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Pursuant to Pa. R. Civ. P. No. 1037(b), enter judgment in favor of Dickinson College, Plaintiff, in the above-captioned action, and against Stephen T. Carney, Defendant, in the above-captioned action, for failure to file an Answer to Plaintiff's Complaint within twenty (20) days from the date of service of said Complaint nnd assess Plaintiff's damages in the total sum as follows: / Count I - $12,139.90, plus int.erest at $1.86 per diem from October 21, 1994, until Defendant's obligation is paid in full, plus costs of suit, which sum does not exceed the v jurisdictional limit for compulsory arbitration! or Count II - $14,000.00, plus interest and costs of suit, which sum does not exceed the jurisdictional limit for compulsory arbitration. , . I hereby certify that a written Notice of Intention to File this Praecipe for Entry of Default Judgment was given in accordance with Pa, R. Civ. P. No. 237.1; a true and correct copy of the aforesaid Notice is attached hereto. I hereby certify that the last known address of the Defendant, Stephen T. Carney, is 191 Spring Road, North Kingstown, Rhode Island 02852. McNEES, WALLACE & NURICK BY:f!.f1. j?0- Attorney I.D. No. 62668 100 pine Street P. O. Box 1166 Harrisburg, PA 17108-1166 (717) 232-8000 Dated: JI~&f (~~ Attorneys for Plaintiff . v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 94-6375 DICKINSON COLLEGE, Plaintiff STEPHEN T. CARNEY, Defendant CIVIL ACTION - LAW NOTICE OF ENTRY OF JUDGMENT TO: Stephen T. Carney, Defendant You are hereby notified that on following Judgment has been entered against above-captioned case. , 1995, the you in the DATE: CUMBERLAND COUNTY PROTHO~OTARY I hereby certify that the name and address of the proper person(s) to receive this notice under Pa. R. Civ. P. 236 is: STEPHEN T. CARNEY 191 SPRING ROAD NORTH KINGSTOWN, RI 02852 McNEES, WALLACE & NURICK By;1~QilJ-- Attorneys for Plaintiff "...., r-" .. v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW DICKINSON COLLEGE, Plaintiff STEPHEN T. CARNEY, Defendant NO. 94-6375 NOTICE OF INTENTION TO ENTER JUDGMENT BY DEFAULT TO: Stephen T. Carney, Defendant DATE OF NOTICE: October 9, 1995 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION REQUIRED OF YOU IN THIS CASE. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP: COURT ADMINISTRATOR Cumberland County Courthouse, 4th Floor Carlisle, PA 17013 (717) 240-6200 McNEES, WALLACE & NURICK ~~DOD.D- Attorney 1.0. No. 62668 100 Pine Street . P. O. Box 1166 Harrisburg, PA 17108-1~66 (717) 232-8000 Attorneys for Plaintiff ""CCO.~ ~1t.IIOlfNTON..J1t PIC I.. I"UI..a... lICK"" M, CMIMY 'Ml..&JAM A. CMESNl,It1' DNIIO. ClINC" IilIICM.Al1. /10. OOCT.,. CLlIAMTH" DOUOMI"T" HNfvIY'_CDlN_1'O JAMQ I.. '",11 'MHc:II., HMa, .,IN, W. JU'~ J.-MOVNl/IoU MICMAlI.O, J~ ~VIO M, ItU""'Norlt ~14, L.AaUa.D,.,llt DlLANO M. I.ANTJ . . ItICHNtO It, L.t'{VU CAVIOI,I.IHMAN C..."OI.W.IlfcINfY'Il '1ItAN1WN 14. 1011"'11, ,JIt 1tOK"" /10. hllll.S ITIJI'HIN A. 11400M: MI"-lllllT It NU"'CK JOHN I, OYI.IR tIMOTH" J It'IIU'' QAlt'tA"'TfI" IOWAlltOW *lTHMAN 0-.,..... ,tIVIN.ICAOUtO IIttOlIlilt1'O ITITI IItICH""D W. 111'VINtON CIANI hi. TQIWt6lt'l' DAVIO Ill. WAlTa. .lit " ~ McNEES, WALLACE & NURICK ATTORNEYS AT LAW 100 FJIN[ STREET P. O. BOX Ilee H!lRRISBURO, P!I "'0.'''.. TCI.l~ONI171712J2'8000 F'AXI7171237'5JOO g, COUNYL. NOUN1' M. I)It!IIWOLD SAMUIL. /10. ICHRlCIU:NQ,ol,UIf. J", ,T{VIN J. WlIN~TlN N[Al.I.UT NOf'MANI,WIoIITI '-"WlttNCl It, WIItDVt WlUIAM M. YOUNO, JIt. .",C N..TtoItY OAVlOM,....Kllt JONATHAN C,.""" eMlT D. DAVIII JAfltr.llt DcANGlLO J,tJlIIIIt. DOUI)MIMY ICATIoILIIN A. Ol.JNIIT 1ItOIIlltT J GOOUTO leorT A. OQUL.D JtQKItT lJ.......... _AN " JACIC80N OONALOI MU''''''''' MICHAlI." Ml,LU" !tUEII'. """ITI J/IoMII W "'UTI C""'IL.LICJroWItION IHAItON N. I'/IolIlTON CHUONO H.......AM JONAT....AN H. RUlX) UlUCI" ,,",Cllt CAfIIOL A. "IINOUIt CAn~r,lllNIII. WAI. nu. lXlt"IC'" I' WILLII4P4ON - (~ ~, ~ "'~ \~ '^ ~ G' r-" C" '1 -, F\ (' (j', ,\ '-^.;~ -,,}I ;-,; \ ~~ [:,~ ( " t ;:-;, '1 ,,~ J ~ '.' ,\ -p., \F f;.~ ( 'I ., ~ .J" a.:..( , ' , ) ~:. f r',J " I ~ 1 ~ ".", " ( { ,~'\ :.' .~ ~." '-'" ~' - ~ \ ~ .... I ~ ~ Office of the Prothonotary Attention: Janey Cumberland County Courthouse One Courthouse square Carlisle, PA 17013-3387 IMUC& O. MCIUY N,,}.HIt,IK7'rNTON,JIt -~- lIIOMIITM,":M&MY QWO..[)Uiln llftOfAIl.A.I:IOC:TM:lW lL.I&'M:THA.~I"'" ~AI'lIIC' ..""IX"".... ..IAMU '" ""TZ W. .II""" IN<llJHI.AU MN:HMI. 1I..JNIItAM DOflWJ)alCAUII'MN\l o.VIO M. ~/IIOP IPNNIOA, I,A&lIMI.JIt, OCLAHQM,f.ANfJ w. ~ I:, 'I 'I I li. i/:' , >:r~ i( {I ~! ,.'I' McNEES. WALLACE & NUNICK ATTORNEYS AT LAW lIItCHMD II. l.Ul\Illt Di'VIOI.LlMfiIW' CI.YOCWMcI"'f'f''' '~IWN A. NlI.U, ..lit ~"'ANlIJ.I I'I""[N" IiIIOOItC HVtK'" II. NUItl(M JOHN ._ onE" ONfY" "'''lit 1I~*..orHJllAH ~"IVIN'1CAOU10 IW>>IJtTOlll" ItlCHNlOW,T[VINION ~l.,'~' CATHVIlHII ....,PI 100 PINE STREET P. O. BOX Ilee DAVID N, WAfTI...I1t 'T[\IINJ,~No.'Ii"U:N N~'.wU1 N~I,WHlTI VoWIItlNCIIt,WlIDllt 'MI.UAM N. YOUNG...I11 HARRISBURG, "A '''De'''.. TIL.I~ON117171 232-8000 F.u1117IUH5300 c:# (ClUNK&. 1tOKIn' M. 0IIlIWCllD ,~... HNlI, ..lit INoIUII. A. ICHl'llCKtNGo'VlT, JIt IIIIlCH....'M[\' JONAf"-NiC,IIMY ".,..,...~N JI,'M", CloI"""AONI .-" 0 DAVlI JAMU". DIAHOII.O .JAMU". DOUQHPTY AATMI.IINA. DUHI' DUM", 'CUMM April 29, 1996 (. , Re: DICKINSON COLLEGE v. Stephen T. Carney Our rile No. 00765-0100 No. 94-6375 r,'" r [,., I ~; ; t_., , .. ~. . Dear Janey: ~co..-w.. HOUtfOH IIIOKJtTJ.GOOVTo- KOTTA.OOl.I'-D -..- "'~',JN:MIC)lIIt ....CMAI....1ilIU.n Nflll '.llIlllTi JAMUW, IWfI CAMILLI c. MMlON ~MON Ill. "","ON (MUONG Jot."'" ...ONA"...~". MIOD IIIlIUCI II. MCIIIt CNlQ.A. .,,1UHQUIIt ~',TPUTI 1XII'IIClC.,WlW.~ .1 J I,', 1..;1 ., I I " ::J "If .:) ':) ) .~.l ( ...j ;jll ". -.. - . t.,) " c, >'! . ,,1 As per our conversation of last week, enclosed please find a check in the amount of $9.00. Please enter the judgment on both counts for the above-captioned matter. If you have any additional questions, please do not hesitate to contact me. Thank you for your assistance. l:er truly fours, ~-JJjtJ . Bonnie Davis Secretary Enclosure , i ," ~ ie en ~ ~ - ..>- ...,.. "l,:~:P' . , : ~." ~~.J -, 1.0 ~ ".; '..:) C'