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HomeMy WebLinkAbout02-5168DICKINSON COLLEGE, Plaintiff JANEL M. SHEPPO, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. : 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 M,~ARTSON, DEARDO}~F, WILLIAMS Y~avi~d~p~. GalloX~.y~s~uire- / Attorney I.D. No. 87326 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff & OTTO DICKINSON COLLEGE, Plaintiff JANEL M. SHEPPO, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 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 Janel M. Sheppo is an adult individual residing at 150 S. Third Street, St. Clair, Schuylkill County, PA 17970. 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 $2,688.40. See Exhibit "A" attached hereto. 7. The outstanding balance of $2,688.40 represents the total and actual overdue value of the services provided to the Defendant by Plaintiff for which Defendant has yet to pay. COUNT I BREACH OF CONTRACT 8. Plaintiff hereby 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 broached 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 $2,688.40, an amount within the limits set forth for compulsory arbitration in Cumberland County, Pennsylvania. COUNT II QUANTUM MERUIT 11. Plaintiffhereby incorporates by reference the averments contained in Paragraphs 1 through 10 of this Complaint. 12. $2,688.4O. 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 $2,688.40, an amount within the limits set forth for compulsory arbitration in Cumberland County, Pennsylvania. ~/fl~ W~S & OTTO Ely David R. Galloway, Es u~ I~ ~:~t 8~Street Carlisle, PA 17013-3093 (717) 243-3341 Date: October 24, 2002 Attorneys for Plaintiff Exhibit A ooo o o 60~9 ooo ¢ot~ O0 0 kD 0 EXHIBIT "A" °°©°°°°©°°°°°~°°°°°°oooooooo~oooo~oo©o©ooo~ooooooo©ooooooooo©oooo 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 which 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 unsworn falsification to authorities, which provides that if I knowingly make false averments, I may be subject to criminal penalties. Dated: October 24, 2002 Dickinson College Thomas Meyer Assistant Treasurer of Dickinson College F ' FI L ES,DATA FI LE~Gendoc cur/7619c30 corn SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2002-05168 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DICKINSON COLLEGE VS SHEPPO JANEL M R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: SHEPPO JANEL M but was unable to locate Her in his bailiwick. He therefore deputized the sheriff of SCHUYLKILL County, Pennsylvania, to serve the within COMPLAINT & NOTICE On December 20th , 2002 , this office was in receipt of the attached return from SCHUYLKILL Sheriff's Costs: Docketing Out of County Surcharge Schuylkill Co. 18.00 9.00 10.00 44.59 .00 81.59 2/20/2002 R[. Thomas Klin~ Sheriff of Cumberland County MARTSON DEARDORFF WILLIAMS Sworn and subscribed to before me this 2~ ~ day of ~,~ ~ Prothonota~y~ / Mon Dec 16, 2002 09:28AM SHERIFF ' S DEPARTMENT OF SCHUYLKILL COUNTY SCHUYLKILL COLrNTy COURT HOUSE POTTSVILLE, PEKrNSYLVANIA 17501 (570) 622-5570 OF RETURN PAGE: 1 PLAINTIFF: DICKINSON COLLEGE V S DEFENDANT: SNEPPO, JANEL M PEOPLE: Service for NAME SHEPPO,JANEL M DEPUTIZED FROM CLrMBERLAND CO%/NTY COURT N~IMBER FILED BY TYPE OF PAPER SERVING NUMBER PRO FILE DATE EXPIRATION SHF RECEIVED DEP RETLrRNED 02 5168 CUMBERLkND COL~qTy SHERIFF COMPLAINT 32289 10/25/2002 11/24/2002 10/31/2002 12/16/2002 (PEOPLE TO BE SERVED) A/DDRESS 1 ADDRESS 2 CITY 150 SOUTH THIRD STRE ST CLAIR ST ZIP DEPUTY PA 17970 HAYES, J (ATTEMPTS AT SERVICE) ADDRESS 1 150 S THIRD STREET 150 S THIRD STREET SEQ DATE TIME SERVED TO 1 11/07/2002 10:00 [NOT FOUND] * REMARKS : NO ANSWER 2 11/14/2002 15:30 [NOT FOUND3 * REMARKS : NO ~2~SWER 3 11/22/2002 16:45 [NOT FOI/ND] 150 S THIRD STREET * REMARKS : NO ANSWER AT ATTEMPTED SERVICES ST CLAIR PA 17970 22 8.03 ST CLAIR PA 17970 22 8.03 Total Total Mileage Charge for all Services 24.09 24.09 SHERIFF'S DEPARTMENT OF SCHUYLKILL COUNTY SCHUYLKILL COUNTY COURT HOUSE POTTSVILLE, PENNSYLVA~qIA 17901 (570) 622-5570 (Sheriff of Schuylkill County) End - of - Return (X-437-2002/ ....... Mon Dec 16, 2002 09:28AM SHERIFF,S DEPARTMENT OF SCHUYLKILL COUNTy SCHUYLKILL COUNTY COURT HOUSE POTTSVILLE, PENNSYLV;tNIA 17901 (570) 622-5570 * * A F F I D A V i T OF RETURN PAGE: 3 COSTS INFORMATION DESCRIPTION PAYMENTS CHARGES BALANCE ADVANCE COSTS - SERVICE .......... - ........ 140.00 R D & R 140.00 SERVICE 9.00 131.00 ADD SERVICE 9.00 122.00 MILEAGE 0.00 122.00 PROTHY FEE FOR SERVICE 24.09 97.91 REFUND 2.50 95.41 95.41 0.00 Advance Payment : 140.00 Cost of Service : 44.59 - Refund Paid : 95.41 End - of - Return (02-5168) .................................. ACCOUNT STATEMENT OFFICE OF THE SHERIFF OF SCHUYLKILL COUNTy Case Ref : 02-5168 Service ID: 32289 Type : COMPLAINT Filed By: CUMBERLAND COUNTY SHERIFF Address 1 : COURT HOUSE Address 2 : City : CARLISLE Advance Payment : 140.00 Cost of Service : 44.59 Refund : 95.41 DATE : 12/16/2002 In The Court of Common Pleas of Cumberland County, Pennsylvania Dickinson College VS. Janel M. Sheppo SERVE: same No. 02 5168 civil Now, October 29, 2002 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Schuylkill Colmty to execute this Writ, th/s deputation being made at the request and risk of the Plaintiff. Sheriff of Cumb'erland County, PA Affidavit of Service ~X~OW, ., 20_ , at_ o'clock _ M. served the within upon by handing to and made known to copy of the orig/nal So answers, the contents thereof. Sworn and subscribed before me this _ day of_ ,20 Sheriff of COSTS SERVICE MILEAGE AFFIDAVIS' County, PA F:,FiLES\DATAFILE',Dickinson Collect doc\30pral/tde Created: 10/10/02 02:27:38 PM Revised: 01/07/03 09:44:22 AM 7619c 30 DICKINSON COLLEGE, ' Plaintiff ' JANEL M. SHEPPO, Defendant ' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-5168 CIVIL ACTION-LAW JURY TRIAL OF TWELVE DEMANDED PRAECIPE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please reinstate the attached Complaint against Janel M. Sheppo, 3020 Market Street, Apt. 3, Camp Hill, Cumberland County, PA 17011, in the above captioned action and forward same to the Sheriff for service. MARTSON, DEARDORFF, WILLIAMS & OTTO DTA~aeRsi ~i~l'~h~q~t~ eSeTt~ '1 r e J Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff Date: January 7, 2003 SHERIFF'S RETURN - REGULAR CASE NO: 2002-05168 p COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DICKINSON COLLEGE VS SHEPPO JANEL M BRIAN BARRICK , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon SHEPPO JANEL M the DEFENDANT , at 2020:00 HOURS, on the 29th day of January at 3020 MARKET STREET APT 3 CAMP HILL, PA 17011 by handing to JANEL SHEPPO a true and attested copy of COMPLAINT & NOTICE together with , 2003 and at the same time directing ~er attention to the contents thereof. Sheriff,s Costs: Docketing 18.00 Service 10.35 Affidavit .00 Surcharge 10.00 .00 38.35 Sworn and Subscribed to before me this ~/'~ day of . 00 A.D. k~ PrlSt ho~Ot ~'ry '/.iT So Answers: R. Thomas Kline 01/30/2003 MDW&O By: Deputy Sheriff F:\FILES\DATAFILE\Dickinson Collect.docX30.stip 1/drg Created: 11/13/02 11:27:29 PM Revised: 02/28/03 01:54:55 PM 7619c.28 DICKINSON COLLEGE, Plaintiff V. JANEL M. SHEPPO, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-5168 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, JANEL M. SHEPPO, 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 $2,688.40 plus costs of suit in the amount of $88.85 and interest at 6% from date of judgment. 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 witl Rut further proceedings or notice. ~ ~ [ '\ h ~, By Y Jane[/M. Sh~ppo ' / Da~id R. Gallowa~,Ei,._.~e _ _ (I 3020 Market Street, Apt. 3 Martson DeantorffWilliams & Otto \ I Crop Hill, PA 17011-4542 Ten East High. Street xt Defendant Date: J'~?/~7 Carlisle, PA 17013-3093 (717) 243-334.1 Attorney for Plaintiff Date: F: \FILES\DATAFILE~Dickinson College 7619\DickinsonCollegeCollections7619CkDocumentsB0.ord 1/cny Created: 4/29/03 3:8:13 PM Revised: 4/29/03 3:18:26 PM , ' 7619C.30 DICKINSON COLLEGE, Plaintiff Vo JANEL M. SHEPPO, Defendant lN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-5168 CIVIL ACTION-LAW JURY TRIAL OF TWELVE DEMANDED ORDER AND NOW, this ~.~day of ~/~.p,~ ,2003, upon consideration of the attached Stipulation, judgment is hereby entered in favor of Plaintiff, Dickinson College, against Defendant, Janel M. Sheppo, in the amount of $2,688.40 plus costs in the amount of $88.85 and interest accruing from date of judgment. Prothonotary is directed to enter and index this judgment accordingly. BY THE COURT, Jo for Plaintiff: David R. Galloway, Esquire Ten East High Street Carlisle, PA 17013 for Defendant: Ms. Janel M. Sheppo 3020 Market Street, Apt. 3 Camp Hill, PA 17011-4542 F:\FILES\DATAFI LE\Dickinson Collect .doc\30 stip 1/drg Created: 11/13/02 I 1:27:29 PM Revised: 02/28/03 01:54:55 PM ' 7619c 28 DICKINSON COLLEGE, Plaintiff JANEL M. SHEPPO, Defendant 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-5168 CIVIL TERM CIVIL ACTION-LAW JURY TRLAL 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, SANEL M. SHEPPO, 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 $2,688.40 plus costs of suit in the amount of $88.85 and interest at 6% from date of judgment. 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 witlK~ut further proceedings or notice. .,~,.,~,M,. ,~h .c~P~po ovzv tviarKet Street, Apt. 3 Martson DeardorffWilliams & Otto Camp Hill, PA 17011-4542 Ten East High Street Defendant Date: /,~//~/~,_~ Carlisle, PA 17013-3093 (717) 243-3341 Attorney for Plaintiff Date: