Loading...
HomeMy WebLinkAbout02-5169DICKINSON COLLEGE, Plaintiff MARY E. SIMPSON, Defendant : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. Ogt- "16, q tL, i 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 ~vithin 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 MARTSON, DEAP>I~R By 15-ff~ R. Gal'[oway,C'E'~ Attorney I.D. No. 87326 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff WILLIAMS & OTTO Date: October 24, 2002 DICKINSON COLLEGE, : Plaintiff : MARY E. SIMPSON, : Defendant : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. Oa- CIVIL ACTION-LAW JURY TRIAL OF TWELVE DEMANDED COMPLAINT AND NOW, comes the Plaintiff Dickinson College by and through its attorneys, MARTSON DEARDORFF WILLIAMS & OTTO, and hereby avers as follows: l. 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 Mary E. Simpson is an adult individual residing at 33 Vine Street, Newville, Cumberland County, PA 17241. 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 $2,053.05. See Exhibit "A" attached hereto. 7. The outstanding balance of $2,053.05 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 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 $2,053.05, an amount within the limits set forth for compulsory arbitration in Cumberland County, Permsylvania. COUNT II QUANTUM MERUIT 1 I. 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 $2,053.05. WHEREFORE, Plaintiff demands judgment against Defendant in the amount of $2,053.05, an amount within the limits set forth for compulsory arbitration in Cumberland County, Pennsylvania. MARTSON I~F/~ILLIAMS & OTTO BYDavid R. Ga'l]-6oway, l~tu~re //-/ I.D. No. 87326 It' Ten East High Street [ Carlisle, PA 17013-3093 (717) 243-3341 Date: October 24., 2002 Attorneys for Plaintiff Exhibit A EXHIBIT "A" 0 0 VERIFICA__TION 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. 1 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 kno~vingly make false averments, I may be subject to criminal penalties. Dickinson College Thomas Meyer Assistant Treasurer of Dickinson College Dated: October 24, 2002 F ~,FiLES\DATAFILEX,Gendoc cur\7619c31 corn i SHERIFF'S RETURN - NOT FOUND CASE NO: 2002-05169 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND DICKINSON COLLEGE VS SIMPSON MARY E 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 SIMPSON MARY E unable to locate Her COMPLAINT & NOTICE but was in his bailiwick. He therefore returns the the within named DEFENDANT , NOT FOUND , as to , SIMPSON MARY E PER POST OFFICE, NOT KNOWN AT ADDRESS GIVEN. 33 VINE STREET NEWVILLE IS VACANT. Sheriff's Costs: Docketing 18.00 Service 8.28 Not Found 5.00 Surcharge 10.00 .00 41.28 So answ . ~. Thomas Sheriff of Cumberland County MDW&O 11/27/2002 Sworn and subscribed to before me this /~-~ day of ~0o~_ A.D. Pro,th%notary ~ DICKINSON COLLEGE, Plaintiff V. MARY E. SIMPSON, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-5169 CIVIL ACTION-LAW JURY TRIAL OF TWELVE DEMANDED PRAECIPE Please reinstate the attached Complaint against Mary E. Simpson, RR 1, Box 310, New Bloomfield, PA 17068-9723, in the above-captioned and forward to the Sheriff for service. S & OTTO David R. Galloway, Egquire [ ID. Number 87326 \ Ten East High Street k, Carlisle, PA 17013 (717) 243-3341 Date: July 10, 2003 Attomeys for Plaintiff DICKINSON COLLEGE, : Plaintiff : MARY E. SIMPSON, : 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 MARTSON, DEARDORFF, W~LLIAMS & OTTO David R. G~?~, ~s'~d~'l'l~ Attorney I.D. No. 87326 Ten East High Street Carlisle, PA 17013 (717) 243 -3341 ~'~ re Attorneys for Plaintiff DICKINSON COLLEGE, Plaintiff MARY E. SIMPSON, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. CIVIL ACTION-LAW JURY TRIAL OF TWELVE DEMANDED COMPLAINT AND NOW, comes the Plaintiff Dickinson 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 Mary E. Simpson is an adult individual residing at 33 Vine Street, Newville, Cumberland County, PA 17241. 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 $2,053.05. See Exhibit "A" attached hereto. 7. The outstanding balance of $2,053.05 represents the total and actual overdue value of the services provided to the Defendant by Plaintiff for which Defendant has yet to pay. COUNT1 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 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 $2,053.05, an amount within the limits set forth for compulsory arbitration in Cumberland County, Pennsylvania. COUNT II QUANTUM MERUIT 1 I. 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 $2,053.05. WHEREFORE, Plaintiff demands judgment against De~'endant in the amount of $2,053.05, an amount within the limits set forth for compulsory arbitration in Cumberland County, Pennsylvania. MARTSON DEARDORFF ~¢~LLIAMS & OTTO David R.,~lo~vay, Esquire ~' I.D. No. 87326 Ten East High Street Carlisle, PA 17013-3093 (717) 243-3341 Date: October 24, 2002 Attorneys for Plaintiff 0000000000000~-~000000000000000000000000 i ~ ~o ~o o ~o o ~o o oooo ooo ooooooooooooo EXHIBIT "A" VERIFICATION I, THOMAS MEYER, Assistant Treasurer of Dickinson College, acknowledge that [ 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 unswom falsification to authorities, which provides that if I knowingly make false averments, I may be subject to criminal penalties. Dickinson College Thomas Meyer ~ Assistant Treasurer of Dickinson College Dated: October 24, 2002 SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2002-05169 P ~OMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DICKINSON COLLEGE VS SIMPSON MARY E R. Thomas Kline duly sworn according to law, and inquiry for the within named DEFENDANT SIMPSON MARY E but was unable to locate Her deputized the sheriff of PERRY , Sheriff or Deputy Sheriff who being says, that he made a diligent search and to wit: in his bailiwick. County, serve the within COMPLAINT & NOTICE He therefore Pennsylvania, to On July 18th , 2003 , attached return from PERRY Sheriff's Costs: Docketing Out of County Surcharge Dep Perry Co 18.00 9.00 10.00 27.20 .00 64.20 07/18/2003 MDW&O Sworn and subscribed to before me this {/~ day of ~ A.D. rothonotary this office was in receipt of the Sheriff of Cumberland County In The Court of Common Pleas of Cumberland County, Pennsylvania Dickinson College VS. Mary E. Simpson SERVE: same No. 0'2-5169 civil July I1, 2003 deputize the Shel'iff of Perry depum~on berg made m ~e r~u~t ~d risk of~e Pl~tiff. , I, SHERIFF OF CUMBERLAND COUN/A~, PA, do , County to execute this Writ, this Sheqffof Cumb~rhnd County, PA NOW, July 15, upon at RR1 BOX by handing to a Tr~e & Attested. and made known to Affidavit of Service ,2003 ~ 1:53 Complaint Mary Eo. Simpson 310 New Bloomfield, Mary E. Her Pa. 17068 Simpson, Defendant copy of the oHgin~ o'clock P M. served the Complaint ~he contents thereof. So anSWers, Donald E. Smith Chief Dep. ' . Y County, PA Sworn and subscribed before me t s/d day of ,2003. , -£~IOiAFIIAL Sr.~ BLC~MF~ELD ~OaO. pE~ ~Ul'~y COSTS SERVICE MILEAGE AFFIDAVIT DICKINSON COLLEGE, Plaintiff MARY E. SIMPSON, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CWIL ACTION - LAW NO. 02-5169 CIVIL TERM JURY TRIAL OF TWELVE DEMANDED TO: MARY E. SIMPSON, DEFENDANT NOTICE OF ENTRY OF DEFAULT JUDGMENT are hereby notified that on qO'/ , 2003, the following Judgment was entered against You you in the above-captioned case: in the am' ount of $2,053.05 plus interest accruing at 6% per annum, costs of suit and attorneys' fees for Defendant's failure to file an answer to the Complaint. Date: Prothonotary I hereby certify that the name and address of the proper person to receive this notice under Pa. R. Civ. P. 236 is: Ms. Mary E. Simpson RR1 Box 310 New Bloomfield, PA 17068 DICKINSON COLLEGE, Plaintiff MARY E. SIMPSON, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 02-5169 CWIL TERM JURY TRIAL OF TWELVE DEMANDED PRAECIPE TO THE PROTHONOTARY: Emer default judgment in the above-captioned action in favor of Plaintiff and against Defendant in the amount of $2,053.05 plus interest accruing at 6% per annum, costs of suit and attorneys' fees for Defendant's failure to file an answer to the Complaint. I do hereby certify that a written notice of intention to file this Praecipe (in the form attached hereto) was mailed to the Defendant at the address indicated thereon, on August 5, 2003, which date was subsequent to the date default occurred and at least ten (10) days prior to the date of the Praecipe. MARTSON, DEARDORFF, WILLIAMS & OTTO David R. Galloway, Esquire \ Ten East High Street \ Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff Dated: September 3, 2003 DICKINSON COLLEGE, Plaintiff MARY E. SIMPSON, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-5169 CIVIL ACTION-LAW JURY TRIAL OF TWELVE DEMANDED TO: MARY E. SIMPSON, Defendant NOTICE OF INTENTION TO FILE PRAECIPE FOR ENTRY OF DEFAULT JUDGMENT YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) 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: Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 MARTSONBy ~ ~DEARDO/~'~, . ],LIAMS & OTTO David R. Galloway, Es Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaimiff Date: August 5, 2003 CERTIFICATE OF SERVICE I,Marti lben, an authorized agent ofMartson Deardorff Williams & Otto, hereby certify that a copy of the foregoing Notice of Entry of Judgment was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Mary E. Simpson R_R1 Box 310 New Bloomfield, PA 17068 MARTSON DEARDORFF WILLIAMS & OTTO Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: September 3, 2003