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Home My WebLink About02-5165DICKINSON COLLEGE, Plaintiff DANIELLE J. GALLAGHER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. oa-l CIVIL ACTION-LAW JURY TRIAL OF TWELVE DEMANDED NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiffs. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP: Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 Date: October 24, 2002 MARTSON, DEARDORFF, WILLIAMS & OTTO ~D'~avid R. Ga'~Tbw'aVy~q~ire v/ Attorney I.D. No. 87326 / Ten East High Street / Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff DICKINSON COLLEGE, Plaintiff DANIELLE J. GALLAGHER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. e,'o' C CIVIL ACTION-LAW JURY TRIAL OF TWELVE DEMANDED COMPLAINT AND NOW, comes the Plainti ffDickinson College by and through its attorneys, MARTSON DEARDORFF WILLIAMS & OTTO, and hereby avers as follows: 1. Plaintiff is Dickinson College, a Pennsylvania educational institution and nonprofit corporation with its principle place of business at West Street, Post Office Box 1773, Carlisle, Cumberland County, Pennsylvania 17013. 2. Defendant Danielle J. Gallagher is an adult individual residing at 36 Woodcrest Lane, Milton, Ne~v York, 12547. 3. Defendant is currently or was recently enrolled as a student at Plaintiff's educational institution, Dickinson College. 4. Defendant mutually contracted with Plaintiff to pay tuition, dining service fees and other educational expenses as part of Plaintiff's promise to provide educational services and teaching to Defendant for said payment. 5. Defendant has failed to pay Plaintiff in full as mutually agreed and contracted. A copy of Defendant's student account is attached hereto as Exhibit "A" and is incorporated herein by reference as if fully set forth. 6. The outstanding balance due and payable by Defendant to Plaintiff is $2,833.36. See Exhibit "A" attached hereto. 7. The outstanding balance of $2,833.36 represents the total and actual overdue value of the services provided to the Defendant by Plaintiff for which Defendant has yet to pay. COUNTI BREACH OF CONTRACT 8. Plaintiff hereby incorporates by reference the averments contained in Paragraphs 1 through 7 of this Complaint. 9. Plaintiffhas fulfilled, performed and complied with all obligations and conditions of its agreement and contract for services with Defendant. 10. Defendant has breached the expressed and implied obligations, conditions and terms of agreement of Defendant's contract with Plaintiffto pay the amounts stated herein. See Exhibit "A" attached hereto. WHEREFORE, Plaintiff demands judgment against Defendant in the amount of $2,833.36, an amount within the limits set forth for compulsory arbitration in Cumberland County, Pennsylvania. COUNTII QUANTUM MERUIT 11. Plaintiff hereby incorporates by reference the averments contained in Paragraphs 1 through 10 of this Complaint. 12. $2,833.36. Defendant is liable to Plaintiff and/or has been unjustly enriched in the amount of WHEREFORE, Plaintiff demands judgment against Defendant in the amount of $2,833.36, an amount within the limits set forth for compulsory arbitration in Cumberland County, Pennsylvania. ~RT N DEARD~ v~d R. Gallowa~ I.D. No. 87326 Ten East High Street / Carlisle, PA 17013-3093[ (717) 243-3341 ~IAMS & OTTO Date: October 24, 2002 Attorneys for Plaintiff Exhibit A U EXHIBIT "A" 0 VERIFICATION I, THOMAS MEYER, Assistant Treasurer of Dickinson College, acknowledge that I have the authority to execute this Verification on behalf of Dickinson College and certify that the foregoing Complaint is based upon information which has been gathered by my counsel in the preparation of this lawsuit. The language of this Complaint is that of counsel and not my own. I have read the document and to the extent that this Complaint is based upon information ~vhich I have given to my counsel, it is true and correct and to the best of my knowledge, information and belief. To the extent that the content of this Complaint is that of counsel, I have relied upon counsel in making this Verification. This statement and Verification are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unswom falsification to authorities, which provides that if I knowingly make false averments, I may be subject to criminal penalties. Dickinson College Assistant Treasurer of Dickinson College Dated: October 24, 2002 F 'FILES',DATAFILE\Geildc~ cur\7619c27 corn I F\FILES\DATAFILE'~Dickinson Collect doc\27-pra acc/tde Created 10/10/02 02:4650 PM Revised: !1/08/020938[7AM 7619c 27 DICKINSON COLLEGE, Plaintiff DANIELLE J. GALLAGHER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-5165 CIVIL ACTION-LAW JURY TRIAL OF TWELVE DEMANDED PRAECIPE TO DOCUMENT SERVICE PURSUANT TO THE PENNSYLVANIA LONG ARM STATUTE I hereby certify that a copy of the Complaint was mailed to Danielle J. Gallagher on October 28, 2002, by certified mail, restricted delivery, return receipt requested. Attached is the Post Office return receipt signed and dated October 31, 2002. MARTSON DEARDORFF WILLIAMS & OTTO Da-~'~R. Gall~.y.~'squire ~ I.D. No. 87326 ~ Ten East High Street Carlisle, PA 17013-3093 (717) 243-3341 Date: November 8, 2002 Attorneys for Plaintiff · Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. · Print your name and address on the reverse so that we can return the card to you. · Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Address~ to: Ms. Danielle J. Gal].agher 36 Woodcrest Lane Milton, NY 12547 2. Article Number (Transfer from service label) ? 0 0 1 2510 ,y ( D. Is deliveB/address different from item 1' If YES, enter delivery address below: Addressee [] No 3. Service Type ~?,e~ifled Malt [] Express Mail [] Registered [] Return Receipt for Merchandise [] Insured Mail [] C.O.D. 4. Restricted Deiiven/? (Extra Fee) ~lfes 0006 5862 9251 PS Form 381 1, August 2001 Domestic Return Receipt 102595-02-M-(~35 Postage Certified Fee Return Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Total Postage & Fees /S Sent~ Ms. Danielle J. Gallagher ~.~5}7~.~ .......................................................................... orPOBoxNo. 36 Woodcrest Lane -~-~£~£~,-M~;Y .......................................................................... NY 1254~ F:\FILES~DATAFILE\Dickinson Collect doc\27-stip. 1 Created: 11/27/02 09:35:40 AM Revised: 12/13/02 04:44:10 PM 7619C27 DICKINSON COLLEGE, Plaintiff DANIELLE J. GALLAGHER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-5165 CIVIL ACTION-LAW JURY TRIAL OF TWELVE DEMANDED STIPULATION AND AGREEMENT FOR ENTRY OF JUDGMENT AND NOW, comes Plaintiff, DICKINSON COLLEGE, by and through its attorneys, MARTSON DEARDORFF WILLIAMS & OTTO, and Defendant, DANIELLE J. GALLAGHER, who stipulate and agree as follows: 1. Pa. R.C.P. 1037(c) provides that in all cases, the Court, on motion of a party, may enter an appropriate judgment against a party upon admission. 2. Defendant agrees and admits that judgment should be entered against her in favor of Plaintiff in the amount of $2,033.36. 3. The parties agree the Court, upon motion of Plaintiff, may enter judgment pursuant to this Stipulation without issuance of a Rule to Show Cause, and without further proceedings or notice. By~~ Clintondale, NY 12515 Defendant Date: /~/t~//~ Mt~soRn'DG~aarll~~mr~s & tto dtto Ten East High Street ~ Carlisle, PA 17(}13-3093 (717) 243-3341 Attomey for Plaintiff Date: //~2-//~ ,~ F:\FILES\DATAFILE\Dickinson Collect doc~7 ®rdl/tde Created: 10/10/02 02 46:50 pM Revised 01/07/03 023343 PM 7619c 27 DICKINSON COLLEGE, Plaintiff DANIELLE J. GALLAGHER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 02-5165 CIVIL ACTION-LAW : : JURY TRIAL OF TWELVE DEMANDED ORDER OF COURT AND NOW, this l~'[~day ofT zg"/~ ~Q , 2003, upon consideration of the within Motion and attached Stipulation,j udgment is hereby entered in favor of Plaintiff, Dickinson College, against Defendant, Danielle J. Gallagher, in the amount of $2,033.36. The Prothonotary is directed to enter and index this judgment accordingly. BY THE COURT, ,J. for Plaintiff: David R. Galloway, Esquire Ten East High Street Carlisle, PA 17013 for Defendant: Danielle J. Gallagher, Pro Se 215 Rabbit Run Road Clintondale, NY 12515 ]. /~'- 0_3 F:\FILES~DATAFILE\Dickinson Collect doc\27-~tip I Created: l 1/27/02 09:35:40 AM Revised 12/13/02 04:44~ I0 pM 7619C 27 DICKINSON COLLEGE, Plaintiff : 1N THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA DANIELLE J. GALLAGHER, Defendant NO. 02-5165 CIVIL ACTION-LAW JURY TRIAL OF TWELVE DEMANDED STIPULATION AND AGREEMENT FOR ENTRY OF JUDGMENT AND NOW, comes Plaintiff, DICKINSON COLLEGE, by and through its attorneys, MARTSON DEARDORFF WILLIAMS & OTTO, and Defendant, DANIELLE J. GALLAGHER, who stipulate and agree as follows: 1. Pa. R.C.P. 1037(c) provides that in all cases, the Court, on motion of a party, may enter an appropriate judgment against a party upon admission. 2. Defendant agrees and admits that judgment should be entered against her in favor of Plaintiff in the amount of $2,033.36. 3. The parties agree the Court, upon motion of Plaintiff, may enter judgment pursuant to this Stipulation without issuance of a Rule to Show Cause, and without further proceedings or notice. 2D15~ 'a~b~i GR-;inl ~o ard Clintondale, NY 12515 Defendant Date: /~/2/ff/~ Ten East High Street Carlisle, PA 17013-3093 (717) 243-3341 Attorney for Plaintiff Date: //~Z//~ ~. DICKINSON COLLEGE, Plaintiff DANIELLE J. GALLAGHER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-5165 CIVIL ACTION-LAW JURY TRIAL OF TWELVE DEMANDED PRAECIPE TO SATISFY JUDGMENT TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please mark the judgment in the above captioned case satisfied and issue a certificate reflecting the same. MART$ON DEA~,F WI~LLIAM$ David R. Gallo~, EXs~ui I.D. Number 87326 Ten East High Street Carlisle, PA 17013 (717) 243-3341 & OTTO Date: August 28, 2003 CERTIFICATE OF SERVICE I, Jody L. Boore, an authorized agent ofMartson DeardorffWilliams & Otto, hereby certify that a copy of the foregoing Praecipe to Satisfy Judgment was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Danielle J. Gallagher 215 Rabbit Run Road Clintondale, NY12515 MARTSON DEARDORFF WILLIAMS & OTTO By (~f~c~]~-~ /~''~---~ Jody Jzf. B)Jore Ten ~.~ffligh Street Carlisle, PA 1'7013 (717) 243-3341 Dated: August 28, 2003