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Home My WebLink About02-5166DICKINSON COLLEGE, Plaintiff SHERESE S. HODGE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No.t 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 clai~ned 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 MA~RTSON, DEARDORF~, WILLIAMS & OTTO By ."'Oalioway,'~ire / Attorney I.D. No. 87326 / Ten East High St~r~eet / Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff Date: October 2z~, 2002 DICKINSON COLLEGE, Plaintiff SHERESE S. HODGE, Defendant 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 7 CIVIL ACTION-LAW JURY TRIAL OF TWELVE DEMANDED COMPLAINT AND NOW, comes the PlaintiffDickinson College by and through its attorneys, MARTSON DEARDORFF WILLIAMS & OTTO, and hereby avers as follows: 1. Plaintiffis 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 Sherese S. Hodge is an adult individual residing at 458 N. West Street, Carlisle, Cumberland County, PA 17013. 3. Defendant is currently or was recently enrolled as a student at Plaintiff's educational institution, Dickinson College. 4. Defendant mutually contracted ~vith 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 tailed 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 Plaintiffis $2,466.07. See Exhibit "A" attached hereto. 7. The outstanding balance of $2,466.07 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. Plaintiffhereby incorporates by reference the averments contained in Paragraphs 1 through 7 of this Complaint. 9. Plaintiff has 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 Plaintiff to pay the amounts stated herein. See Exhibit "A" attached hereto. WHEREFORE, Plaintiff demands judgment against Defendant in the amount of $2,466.07, an amount within the limits set forth for compulsory arbitration in Cumberland County, Pennsylvania. COUNT II QUANTUM MERUIT 11. Plaintiff hereby incorporates by reference the averments contained in Paragraphs 1 through 10 of this Complaint. 12. Defendant is liable to Plaintiff and/or has been unjustly enriched in the amount of $2,466.07. WHEREFORE, Plaintiff demands judgment against Defendant in the amount of $2,466.07, an amount within the limits set forth for compulsory arbitration in Cumberland County, Pennsylvania. MARTSON DEARD~O~)~ WILLIAMS By~~ I.D. No. 87326 / Ten East High Street ( Carlisle, PA 17013-3093 (717) 243-3341 & OTTO Date: October 24, 2002 Attorneys for Plaintiff Exhibit A EXHIBIT "A" 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. ! have read the document and to the extent that this Complaint is based upon information which I have given to my counsel, it is tree and correct and to the best of my knowledge, information and beliefi 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 unsworn falsification to authorities, which provides that if I knowingly make false averments, ! may be subject to criminal penalties. Dated: October 24, 2002 Dickinson College Tho~ ~ Assistant Treasurer of Dickinson College F:\FILES\DATAFILE\Dickin~on Collect doc\28-pra acc/drg/tde Created: 10/10/02 02:35:13 pM Revised: 11/08/02 09:34:06 AM 7619c 28 DICKINSON COLLEGE, Plaintiff SHERESE S. HODGE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-5166 C1VIL 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 Sherese S. Gill, formally known as Sherese S. Hodge, on October 29, 2002, by certified mail, return receipt requested. Attached is the Post Office return receipt signed and dated November 1, 2002. MARTSON DEAKDORFF WILLIAMS & OTTO B David R. Galloway, Esquire ~ Attorney I.D. No. 87326 ~x\ Ten East High Street ~ Carlisle, PA 17(}13 (717) 243-3341 Attorneys for Plaintiff Date: November 7, 2002 · Complete iteme 1, 2', and 3. Also complete item 4 if Restricted Delivery is desired. · Print your name and address on the reverse so that we ca~ return the card to you. · Attach this card to the back of the mailpiece, or on the front if space permits. Mrs. Sherese S. Gill 214 Spruc~ Way · Wright-Patterson Air Force Bat Dayton, OH 45433 [] Agent i--I Add~.~,,~== ,Y ( Printed Name) C. Date of Delivery D. Isdaiive~yaddressdiffemnt fmmitem 17 r~ Yes If YES, enter daiivery address below: [] No 3. Service Type ~ Certified Mail [] Registered [] Insured Mail [] Express Mail [] Return Receipt for Mercham:~iae [] C.O.D. ~ ,~,~, Number ~ F~ 3811, A~t ~1 ~ ~n R~ 4. Restricted Daiiw,,:~? (Extra F~e) .- [] yes Certified Fee Return Receipt Fee (Endorsement Required) SHERIFF'S RETURN CASE NO: 2002-05166 P COMMONWEALTH OF PENNSYLVANIA cOUNTY OF CUMBERLAND NOT FOUND DICKINSON COLLEGE VS HODGE SHERESE S R. Thomas Kline ,Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named defendant, DEFENDANT HODGE SHERESE S unable to locate Her in his bailiwick. He therefore returns but was the COMPLAINT & NOTICE NOT FOUND as to the within named DEFENDANT , HODGE SHERESE S MOVED TO DAYTON, OHIO. Sheriff's Costs: Docketing 18.00 Service 3.45 Not Found 5.00 Surcharge 10.00 .00 36 .45 ~/. Thomas Kline Sheriff of Cumberland County MDW&O 0/zg/z002 Sworn and subscribed to before me this ¢ ~ day of ~ A.D. Prdth~not ary F:\FILESkDATAF1LE\Dickins on Collect.doc\28-stip. l/drg Created: 11/13/02 11:27:29 PM Revised: 12/23/02 09:41:30 AM 7619c.28 DICKINSON COLLEGE, Plaintiff Vo SHERESE S. HODGE, Defendant : 1N THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 02-5166 CIVIL TERM : 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, SHERESE S. GILL, formerly known as SHERESE S. HODGE, 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 $2,466.07. 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.~/?v~-~~~ B. ~d/R-Gallc~.q. uireg~< Slmrese S. Gill Martson Deardorff Willian~'~5tto 214 Spruce Way Wright-Patterson Air Force Base Ten East High ',Street~ ~ Dayton, OH 45433 Carlisle, PA 17013-3093 (717) 243-3341 Defendant Attorney for Plaintiff Date: Date: F\FILES\DATAFILE\Dickinson Collect doc\28 ordl/tde Created 10/10/02 02:35:13 PM Revised: 01/07/03 02:33:23 PM 7619c28 DICKINSON COLLEGE, : Plaintiff : : V. : SHERESE S. HODGE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-5166 CIVIL ACTION-LAW JURY TRIAL OF TWELVE DEMANDED ORDER OF COURT AND NOW, this y of ~~227 , 2003, upon consideration of the within Motion and attached Stipulation, judgment is hereby entered in favor of Plaintiff, Dickinson College, against Defendant, Sherese S. Gill, formerly known as Sherese S. Hodge, in the amount of $2,466.07. The Prothonotary is directed to enter and index this judgment accordingly. ,J. for Plaimiff: David R. Galloway, Esquire Ten East High Street Carlisle, PA 17013 for Defendant: Sherese S. Gill, Pro Se 214 Spruce Way Wright-Patterson Air Force Base Dayton, OH 45433 F:\FILES~DATAFILE\Dickinson Collect doc\28-stipl/ch'g Created: 11/13/02 1127:29 PM Revised: 12/23/02 09:41:30AM 7619c28 DICKINSON COLLEGE, Plaintiff : 1N THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA SHERESE S. HODGE, Defendant NO. 02-5166 CIVIL TERM 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, SHERESE S. GILL, formerly known as SHERESE S. HODGE, 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 $2,466.07. 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 By , Sh~rese S. GilT- ~ 214 Spruce Way Martson Deardorff Williamff/&'~ito Wright-Patterson Air Force Base Ten East High Street ~ Dayton, OH 45433 Carlisle, PA 17013-3093-- (717) 243-3341 Defendant Attorney for Plaintiff Date: Date: ,'/7///~,~ F:WILES\DATAFILE~Dickinson College 7619U)ickinsonCo egeCollections7619Cr,Documents\28 pra3/cny Created: 3/14/03 11:7:07 AM ' Revi~ed: 3/14/03 l I: 14:39 AM 7619C.28 DICKINSON COLLEGE, Plaintiff Vo SHERESE S. HODGE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-5166 CIVIL ACTION-LAW JURY TRIAL OF TWELVE DEMANDED PRAE. CIPE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please mark the judgment in the above-captioned case satisfied and issue a certificate reflecting the same. Date: March 14, 2003 David R. Galloway,~lil~- I.D. Number 87326 Ten East High Street Carlisle, PA 17013-3093 (717) 243-3341 Attorneys for Plaintiff .CERTIFICATE OF SERVICE I, Christina N. Yost, an authorized agent for Martson Deardorff Williams & Otto, hereby certify that a copy of the foregoing Praecipe was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Ms. Sherese S. Gill 214 Spruce Way Wright-Patterson Air Force Base Dayton, OH 45433 MARTSON DEARDORFF WILLIAMS & OTTO Christina N. Yost Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: March 14, 2003