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Home My WebLink About03-0938F:\FILES\DATAFILEkDickinson Collect.doc\ 121. coral Created: 11/13/00 02:56:13 PM Revised: 03/03/03 08:46:45 AM DICKINSON COLLEGE, Plaintiff NORMAN G. COSPELICH, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 0B-- qd~> Qc~Lt -/"'o,-- 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: ~/~/tLq MARTSON, DEARDORFF, WILLIAMS & OTTO David R. Galloway, Esquire [ I.D. Number 87326 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff DICKINSON COLLEGE, Plaintiff NORMAN G. COSPELICH, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. CIVIL ACTION-LAW JURY TRIAL OF TWELVE DEMANDED COMPLAINT AND NOW, comes Plaintiff, Dickinson College, by and through its attomeys, 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, Norman G. Cospelich, is an adult individual residing at 1317 Cardeza Street, Philadelphia, Philadelphia, County, Pennsylvania 19119. 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 $4,471.92. See Exhibit "A" attached hereto. 7. The outstanding balance of $4,471.92 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 the 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 Defendant in the amount of $4,471.92, an amount within the limits set forth for compulsory arbitration in Cumberland County, Pennsylvania, costs and interest fi:om 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 $4,471.92. WHEREFORE, Plaintiff demands judgment against Defendant in the amount of $4,471.92, an amount within the limits set forth for compulsory arbitration in Cumberland County, Pennsylvania, costs and interest from date of judgment. Date: MARTSON DEARDK)RFF WILLIAMS & OTTO B DavidR. Galloway, Esquire/ I.D. Number 87326 Ten East High Street Carlisle, PA 17013-3093 (717) 243-3341 Attomeys for Plaintiff In making this communication, we are advising you this finn is a debt collector attempting to collect a debt for Dickinson College. Any information gained fi:om this communication will be used for that purpose. Exhibit A 0 0 0 0 0 0 0 0 0 0 ' 0 ~ 0 0 0 0 0 0 0 0 0 0 0 ~ 0 0 0 0 0 0 0 0 0 0 0 ~ 0 0 0 0 0 0 0 0 0 0 0 ~ ~ ~ ~ o o o o o o o ~ II II II If II ~ II ~ II II II ~ II. II 0 0 Il ~ ~ 60 O~ ~ 0 0 0 0 0 0 0 0 I~ ~ ~00 00 ~ ~0 o ~ ~ ~ Exhibit "A" 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 F:\FILES\DATAF1LE\Dickinson Collect.doc\12 I.coml Thomas B. Meyer Assistant Treasurer of Dickinson College David R. Galloway, Esquire Ten East High St. Carlisle, PA 17013 717-243-3341 ) DICKINSON COLLEGE ) ) V. ) ) NORMAN G. COSPELICH ) ) Court of Common Pleas Cumberland County, Pennsylvania Docket/Index # 03-938 Affidavit of Service Commonwealth of Pennsylvania SS: County of Philadelphia I, Richard Ehrlich being duly sworn according to law upon my oath, depose and say, that deponent is not a party to this action, has no direct personal interest in this litigation and is over 18 years of age. That on March 9, 2003 at 12:20 PM, deponent served the within named Complaint upon Norman G. Cospelich, Defendant. Said service was effected at 1317 Cardenza Street, Philadelphia, PA 19119, in the following manner; By delivering thereat a true copy of each to Norman G. Cospelich personally. Norman G. Cospelich is described to the best of deponent's ability at the time and circumstances of service as follows: Sex: Male Skin: Caucasion Hair: Grey Age(Approx): 30 Ht.(Approx): 5' 10" Wt.(Approx): 170-180 lbs I hereby affirm that the information contained in the Affidavit of Service is true and correct. This affirmation is made subject to the penalties of 18 PA C.S. 4904 relating to unsworn falsification to authorities. Sworn to before me on April 21, 2003 i~'°e~ir~a~AS.e~Ichman, Notary Public Falls Twp., Bucks County My Commission Expires: December 12, 2005. Richard Eh~lich, Pro~cess S'E'rver Dennis Richman's Services For The Professional, Inc. 1617 JFK Boulevard, Suite 820 Philadelphia, PA 19103 (215) 977-9393, (215) 977-9806 (Fax) DRS # 2622 F:~F1LESXDATAFILE',Dickinson College 7619~,DickinsonC ollegeC ollection s7619C~Documents\l 21. stip 1/cny Created: 3/25/03 9:29:39 AM Revised: 3/31/03 2:0:59 PM 7619C.121 DICKINSON COLLEGE, Plaintiff Vo NORMAN G. COSPELICH, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-938 CIVIL ACTION-LAW JURY TRIAL OF TWELVE DEMANDED STIPULATION AND AGREEMENT FOR ENTRY OF JUDGMENT ' (qom~an G. Co~pelict? - - I 1317 Cardeza Street Philadelphia, PA 19119 AND NOW, comes Plaintiff, DICKINSON COLLEGE, by and through its attorneys, MARTSON DEARDORFF WILLIAMS & OTTO, and Defendant, NORMAN G. COSPELICH, 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 him in favor of Plaintiff in the amount of $4,471.92 plus costs in the amount of $177.00 for a total of $4,648.92 with interest accruing at $.76 per day 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 without further proceedings or notice. ~y~~ ~~_._~_ D?,vid ~. Galloway, Esquire { Martson Deardorff Williams & Ot~ Ten East High Street Carlisle, PA 17013-3093 (717) 243-3341 Defendant Date: Attorney for plaintiff Date: II F :~FILES~DATAFILE~Dickinson College 76 9~DiekinsonCo egeColleet OHS7619CLDocumcnts\ 121 st~ 1/ch Created: 3/25/03 9:29:39 AM ·P y Revised: 3/31/03 2:0:59 PM 7619C.12! F:WILES\DATAFILE~Dickinson College 7619~DickinsonCollegeCollections7619(XDo~uments\121.ordl/jlb Crea~d: 4/11/03 1 I: 12:13 AM Revised: 5/2103 2:55:01 PM DICKINSON COLLEGE, Plaintiff NORMAN G. COSPELICH, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-938 CIVIL ACTION-LAW JURY TRIAL OF TWELVE DEMANDED ORDER OF COURT AND NOW, this ~ay of May 2003, upon consideration of the attached Stipulation, judgment is hereby entered in favor of Plaintiff, Dickinson College, against Defendant, Norman G. Cospelich, in the amount of $4,471.92 plus costs and interest accruing at $.76 per day from date of judgment. Prothonotary is directed to enter and index this judgment accordingly. BY THE COURT~,~/~ . for Plaintiff: David R. Galloway, Esquire Ten East High Street Carlisle, PA 17013 for Defendant: Mr. Norman G. Cospelich 1317 Cardeza Street Philadelphia, PA 19119 F:~FILESkDATAFILE~Dickinson College 7619~,DickinsonCollegeCollections7619CkDocuments\121 st pl/cny Created: 3125103 9:29:39AM ' Revised: 3/31/03 2:0:59 PM 7619C.121 DICKINSON COLLEGE, Plaintiff Mo NORMAN G. COSPELICH, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-938 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, NORMAN G. COSPELICH, 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 him in favor of Plaintiff in the amount of $4,471.92 plus costs in the amount of $177.00 for a total of $4,648.92 with interest accruing at $.76 per day 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 without further proceedings or notice. B0'726~ Norman G. Cospelict~ - 1317 Cardeza Street Martson Deardorff Williams & Ott~ Philadelphia, PA 19119 Ten East High Street Carlisle, PA 17013-3093 (717) 243-3341 Defendant Date: 4/~/~/~o°~ Attorney for Plaintiff Date: ~/2./d) ~