The URL can be used to link to this page

Home My WebLink About02-5170DICKINSON COLLEGE, Plaintiff ADAM C. SMITH, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 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 ~vriting 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, DE~J~I~ORFF, ~?'~?/~S & OTTO "Da~iau~7- G al ~0w ~.~, sE~quire Attorney I.D. No. 87326 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff DICKINSON COLLEGE, Plaintiff ADAM C. SMITH, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 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. Plaintiff is Dickinson College, a Pem~sylvania 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 Adam C. Smith is an adult individual residing at 2103 North Crescent Boulevard, Bucks County, Yardley, PA 19067. 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 Plaintiffin 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 $1,603.56. See Exhibit "A" attached hereto. 7. The outstanding balance of $1,603.56 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. 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. l 0. 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 $1,603.56, 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. $1,603.56. 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 $1,603.56, an amount within the limits set forth for compulsory arbitration in Cumberland County, Pennsylvania. B YD~o~way~~ - I.D. No. 87326 / Ten East High Street Carlisle, PA 17013-3093 (717) 243-3341 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. 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 unsworn falsification to authorities, which provides that if I knowingly make false averments, I may be subject to criminal penalties. Dated: October 24, 2002 F ' FIL ES/DATA FILE/Gendoc cur/7619c32-com I Dickinson College Thomas Meyer~"'~' ~ Assistant Treasurer of Dickinson College SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2002-05170 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DICKINSON COLLEGE VS SMITH ADAM C 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: SMITH ADAM C but was unable to locate Her in his bailiwick. He therefore deputized the sheriff of BUCKS County, Pennsylvania, to serve the within COMPLAINT & NOTICE On November 26th , 2002 , this office was in receipt of the attached return from BUCKS Sheriff's Costs: Docketing Out of County Surcharge Dep Bucks Co 18.00 9.00 10.00 48.00 .00 85.00 11/26/2002 MDW&O Sheriff of Cumberland County Sworn and subscribed to before me this /J~ day of ~ ,~'.2~ A.D. Prothonotary' BUCKS cOUNTY-/of SHERIF RN Bucks Case # Special instructions mS RETURN CF SERYtCE .......... CLA;SS: ASSUMPSIT Action ~ Plaintiff Address Served if Different I~der pa.R.C.P. #402 Defendant personall~ ~erm~ V ._~A) (2) (I) Family Memu= I' ~(A) (2) (i) Adult in Charge of Residence ____{A) (2) (ii) Manager/Clerk at DellS. Lodging .___.(A) (2) (iii) person in Charge of Business BV Handing tO ~~ EIVED Not Served ~ 30 Days Ran Out ~ Defendant Not Home Defendant Moved ~ AddreSS Vacant ~ ~ Dep. Needs Better Add. ~ Def. Unknown ~ Checked Post Office ~ No Forwarding ~ Forwarding Address ~ _ By Deputy ~ -- At 'L) I.~_rv · o~4;a;~sex, i/~ on the The above document s er infor~;b°ve in the County defendant a p ...... iv~a //_~/ of Bucks Commonwealtt~ ot Penney '~"1 '/~/ ~ ~ · ~,~ ~ ~r~ff of u'cks Country ~EF S~ITH ~DAM C 2103 CRESCENT ~LVO YARDLET,PA 19067 FROM CUMbeRLaND CO SHERIFF OAG 4TTN D4VID FOR SERVICe. TRANSACTION # C2-1-1509~ OAG FZLEg. DEPUTY FRENCH 7:12 AN L SHG TO PA.R.C.P. ~402(A)(2)(I). SERVEg ADAM SMZTH~ ~iFE. SMG TRANS&CTION ~Og 01 15096 Notary Public My Com. Exp. In The Court of Common Pleas of Cumberland County, Pennsylvania Dickinson College VS. Adam C. Smith SERVE: same 02 5170 civil NO. NOW, October 29, 2002 , I, SHERIFF OF CUMBE~ COUNTY, PA, do hereby deputize the Sheriffof ~cks County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA within Affidavit of Service ,20 , at o'clock M. served the upon at by handing to and made known to copy of the ori~nal So answers, the contents thereof. Sworn and subscribed before me this day of ,20 Sheriff of COSTS SERVICE MILEAGE AFFIDAVIT County, PA ~A:DS. ASSUMPSIT ~ SHERIFm~S RETURN DF SERVICE-.~ ........ J~ERiFF'S ~FFtCS CU~E~L~D CCUNTY ~ COURTHGUS~ S~UARE CaRLiSLE PA ATTN:CAVIC GALLO~AY,ESQ -- / PLAINTIFF DEFENDANT DICKiNS~ CELL~GE VS. SMITH ~OAM C 2103 CRESCENT ~LVD ? YARDLEY,PA I~067 .O~5~u~ C~]MPL~iNT - CIVIL ACT ~ECEIVED ~R~ CUM~E~L~N5 C~ SHERIFF ! ~TTN DAVID 1031~3, RECSlV~D ZN SH~iF? o OFFICS FO~ S ~VICS. TR~NSACTzON # 0 -1-150 1113£0~2 SHE~IF?'S eETURN~ UN~ER SERVED ~EFEN~ANT(S) PUrSUaNT TO C SMITH ~Y HANOING T~ LINCA SMITH, WIFE. 111420(j2 INV~IC~ MAILED T~ DAVID GALL3WAY TRANSACTION SMG SMG SMG cou V_ o, SHER_IFF'S RETUR Special instructions. Address Served if Different ~..c.P. #402 '~-~..A! (i) Defendant Personally erred ~A) (2~ (i] Adult in Charge of ~e~idence ~A) (2~ (ii) MSnSger/Clerk ~A] (2~ (iii] Per .... ~t Debs. Lo ' ~Y H~nding ~o ~un m Chsrge of ~USin~mg ~ By Po~ting Not ~erved ~ 30 D~V~ ~n Ou~ ~ Defenden~ ~ Defendsn~ MOved No~ Home ~ Def. Unknown ~ Address ~ Checked Po~ Office ~ Dep. Needs ~e~ter Add ~ ~orwardi~ Add .... ~ NO PO~m~__ Bucks County Case n of DICKINSON COLLEGE, Plaintiff V. ADAM C. SMITH, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-5170 CIVIL ACTION-LAW JURY TRIAL OF TWELVE DEMANDED TO: ADAM C. SMITH, DEFENDANT You are hereby notified that on .~J ~ &'7 2003, the following Judgment has been entered against you in the above-captioned case: $1,603.56, plus interest and costs. Date: //,~7/0,.~ ~_~ J~- ~z~e:::~r~ ' Prothonotary ~ I hereby certify that the name and address of the proper person to receive this notice under Pa. R. Civ. P. 236 is: Mr. Adam C. Smith 2103 North Crescent Boulevard Yardley, PA 19067 DICKINSON COLLEGE, Plaintiff ADAM C. SMITH, ' Defendant : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-5170 CIVIL ACTION-LAW JURY TRIAL OF TWELVE DEMANDED PRAECIPE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Enter default judgment in the above-captioned action in favor of Plaintiff and against Defendant in the amount of $1,603.56, plus interest and costs of suit, as prayed for in the Complaint and for failure to file an Answer to Plaintiffs Complaint. I do hereby certify that a written notice of intention to file this Praecipe (in the form attached hereto) was mailed to the Defendant at the address indicated thereon, on December 30, 2002, which date was subsequent to the date default occurred and at least ten (10) days prior to the date of the Praecipe. MARTSON DEARDORFF~ILLIAMS David R. Galloway, Esqu'$r~ I.D. No. 87326 Ten East High Street Carlisle, PA 17013-3093 (717) 243-3341 & OTTO Date: January 24, 2003 Attorneys for Plaintiff DICKINSON COLLEGE, Plaintiff ADAM C. SMITH, Defendant 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-5170 CIVIL ACTION-LAW JURY TRIAL OF TWELVE DEMANDED TO: ADAM C. SMITH, DEFENDANT NOTICE OF INTENTION TO FILE PRAECIPE FOR ENTRY OF DEFAULT JUDGMENT YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION REQUIRED OF YOU IN THIS CASE. 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 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 MARTSON DEARDOREF W{[¥LIAMS 8,: OTTO David R. ~oway, Esquire Attorney I.D. No. 87326 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff Date: December 27, 2002 U S POSTAL SERVICE CERTIFICATE OF MAILING ~ ,..,, ..... , MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT-' ° ' ,, .' ~ PROVIDE FOR INSURANCE--POSTMASTER Received From: One piece of ordinary mail addressed to: PS Form 3817, Mar. 1989 CERTIFICATE OF SERVICE I, Tricia D. Eckenroad, 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: Mr. Adam C. Smith 2103 North Crescent Boulevard Yardley, PA 19067 Dated: January 24, 2003 MARTSON DEARDORFF WILLIAMS & OTTO Tr~'1~ ~ ~ ~-/. - ~./~ ,- lrlcla 19. l~cKenroao Ten East High Street Carlisle, PA 17013 (717) 243-3341 F: IFl LES\DA T AFILE\DickinsollCollege7619\CoIlections\Cunem\32. pra4 C~eated'. (1\110$ \1:36AM Revised: Jf]2!05 11:54AM 7619c.32 David R. Galloway, Esquire MARTSON DEARDORFF WILLIAMS & OTTO Ten East High Street Carlisle, P A 17013-3093 (717) 243-3341 Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL V ANlA DICKINSON COLLEGE, Plaintiff v. NO. 02-5170 CIVIL ACTION-LAW ADAM C. SMITH, Defendant JURY TRIAL OF TWELVE DEMANDED PRAECIPE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please mark the judgment in the above-captioned case satisfied and issue a certificate reflecting the same. By David R. Gallow y, LD. Number 87326 Ten East High Street Carlisle, PA 17013-3093 (717) 243-3341 WILLIAMS & OTTO Attorneys for Plaintiff Date: January 12, 2005 CERTIFICATE OF SERVICE I, Jean Taylor, 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, P A, first class mail, postage prepaid, addressed as follows: Douglas Keith Brown, Esquire Stuckert & Yates 2 North State Street P.O. Box 70 Newtown, PA 18940 B MARTS ON DEARDORFF WILLJ.MJ1S & OTTO .---------;/" / ~/c~/{ . Jean lor ! Ten a t High Street Ca is(e, PA 17013 (717) 243-3341 Dated: January 12, 2005 (-I ::~~: ~'1 ,'-) '.;-;1 :-:3 r,~i L-- ('..~ r<' (.') .' rY'~ ". -