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HomeMy WebLinkAbout03-0937F:\F1LES~DATAFILE~Dickinson Collect.doc\123.coml Created: 11/13/0002:56:13PM Revised: 03/03/03 08:45:58 AM DICKINSON COLLEGE, Plaintiff Vo MICHAEL J. KRUCZKOWSKI, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03. ci3q 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: / MARTSON, DEARDORFF, WILLIAMS & OTTO B~all~~a'~, ~~ui~~ I.D. Number 87326 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attomeys for Plaintiff DICKINSON COLLEGE, Plaintiff Vo MICHAEL J. KRUCZKOWSKI, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. O3-q3q CIVIL ACTION-LAW JURY TRIAL OF TWELVE DEMANDED COMPLAINT AND NOW, comes 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, Michael J. Kruczkowski, is an adult individual residing at 2070 East Allegheny Avenue, Philadelphia, Philadelphia County, Pennsylvania 19134. 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 $2,708.88. See Exhibit "A" attached hereto. 7. The outstanding balance of $2,708.88 represents the total and actual overdue value of the services provided to Defendant by Plaintiff for which Defendant has yet to pay. COUNT I BREACH OF CONTRACT 8. Plaintiff hereby incorporates by reference thc 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 Plaintiff to pay the amounts stated herein. See Exhibit "A" attached hereto. WHEREFORE, Plaintiff demands judgment against the Defendant in the amount of $2,708.88, an amount within the limits set forth for compulsory arbitration in Cumberland County, Pennsylvania, costs and interest from date of judgment. 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 $2,708.88. WHEREFORE, Plaintiff demands judgment against Defendant in the amount of $2,708.88, an amount within the limits set forth for compulsory arbitration in Cumberland County, Pennsylvania, costs and interest from date of judgment. Date: MARTSON DEARDORFF WILLIAMS & OTTO By~ ~ ~ David R. Galloway, Esquire I.D. Number 87326 Ten East High Street Carlisle, PA 17013-3093 (717) 243-3341 Attorneys for Plaintiff In making this communication, we are advising you this firm is a debt collector attempting to collect a debt for Dickinson College. Any information gained from this communication will be used for that purpose. Exhibit A 0 000000 0 0 0 0 00©00 0000 0 0 0 ~ ~ 0 000000 0 0 0 0 00000 0000 0 0 0 ~ o I='- k) ~-~ 0 0 ~ CD ~-~ Exhibit "A" 0 000000 0 O0 0 0 0 0 0 000000 0 0 000000 0 O0 0 0 0 0 0 000000 0 0 000000 0 O0 0 0 ~o ~ o ~0o~ ~ ~ 0~ ~0 O~ 00~ ~ o 00ooo 0000 0 oO II II t1' II 0 ~o II- II co o ~ ~ ~ o ~ VERIFICATION Thomas Meyer, who is the Assistant Treasurer of Dickinson College and acknowledges that he has the authority to execute this Verification on behalf of Dickinson College, and further certifies that the foregoing Complaint is based upon information which has been gathered by my counsel in the preparation of the lawsuit. The language of this Complaint is that of counsel and not my own. I have read the document and to the extent that the Complaint is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the content of the 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. Section 4904 relating to unsworn falsification to authorities, which provides that if I make knowingly false averments, I may be subject to criminal penalties. Dickinson College Tho~'~e''-~- Assistant Treasurer of Dickinson College F:\FILES\DATAFI LE\Dickinson Collect.doc\123.coml F:\FILES\DATAFILE\Dickinson College 7619\DickinsonCollegeCollections7619C\Documents\123.pral/cny Created: 3/12/03 8:35:08AM Revised: 3/12/03 9:48:14AM 7619C. 123 DICKINSON COLLEGE, Plaintiff Vo MICHAEL J. KRUCZKOWSKI, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-937 CIVIL ACTION-LAW JURY TRIAL OF TWELVE DEMANDED PRAECIPE FOR VOLUNTARY NON-SUIT Please withdraw the Complaint and terminate this action without prejudice. David R. Galloway, Esquir~ I. D. Number 87326 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Date: March 12, 2003 Attorneys for Plaintiff