The URL can be used to link to this page

Home My WebLink About03-2323F:helLES~DATAFILE~Dickinson College 7619\DickinsonCollegeCollections7619CSDocuments\169.coml/cny Created: 4/24/03 I0:1:42 AM Revised: 5/14/03 2:35:38 PM 7619C. 169 DICKINSON COLLEGE, Plaintiff Vo JEANETTE M. SLOAN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. ~2>~- 02 ..7 a ~ CIVIL ACTION-LAW JURY TR/AL 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 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 MARTSON DEARDORFf WILLIAMS & OTTO avid R. G~l]c;way,'~squiX~ - / I~ eDn ' ENaTHb~h8 ~ 3tr2eOet Carlisle, PA 17013 (717) 243-3341 Dated: May 14, 2003 Attorneys for Plaintiff DICKINSON COLLEGE, Plaintiff V. JEANETTE M. SLOAN, Defendant 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW JURY TRIAL OF TWELVE DEMANDED COMPLAINT 1. PlaintiffDickinson College ("Dickinson") is a Pennsylvania educational institution with its principal offices located in Carlisle, Cumberland County, Pennsylvania 17013. 2. Defendant Jeanette M. Sloan ("Defendant") is an adult individual whose last known address is 22 ! Vivian Drive, Allegheny County, Munhall, Pennsylvania 15120. below. 4. COUNT I DICKINSON COLLEGE V. JEANETTE M. SLOAN BREACH OF CONTRACT Paragraphs 1 through 2 are incorporated herein by reference as if set forth in full Defendant opened a Student Receivables Account ("Account") with Plaintiffto pay tuition, dining service fees and other educational expenses provided and rendered to Defendant by Plaintiff. A tree and correct copy of that Account is incorporated by reference and attached as Exhibit "A." 5. Defendant, by opening the Account and using the goods and services provided by Plaintiff, agreed to pay Plaintiff for all charges made to the Account. 6. Defendant received and accepted all goods and services provided by Plaintiff and thereby agreed to payment for said goods and services. 7. The terms of repayment required Defendant to pay all balances 14 (fourteen) days before the beginning of each semester. 8. Defendant defaulted on the repayment of the Account by not paying the balance when due. such default. 10. 11. Notices were forwarded to Defendant informing her of her default and right to cure Defendant failed to cure such defaults. The total amount which is immediately due and payable to Plaintiffby Defendant on the Account is One Thousand Six Hundred Fifty Dollars and Zero Cents ($1,650.00). WHEREFORE, PlaintiffDickinson College demands judgment against Defendant Jeanette M. Sloan in the sum of One Thousand Six Hundred Fifty Dollars and Zero Cents ($1,650.00), plus late fees, costs of suit, attorneys' fees and collection costs, and interest from date ofjudgrnent. COUNT I1 DICKINSON COLLEGE V. JEANETTE M. SLOAN IN QU.4NTUM MERUIT In the alternative, if this Honorable Court should determine that an express contract between Dickinson and Jeanette M. Sloan does not exist, which is denied, Dickinson pleads the following: 12. Paragraphs 1 through 11 are incorporated herein by reference as if set forth in full. 13. Because Plaintiff loaned money to Defendant, to the benefit of Defendant, Defendant became liable to Plaintiff for said money. 14. Defendant was unjustly enriched by accepting said money without paying Plaintiff reasonable compensation therefor. 15. The total amount by which Defendant has become enriched is One Thousand Six Hundred Fifty Dollars and Zero Cents ($1,650.00). 16. Plaintiff demanded payment of the above sums but Defendant failed and refused to do so. WHEREFORE, Plaintiff Dickinson College demands judgment against Defendant Jeanette M. Sloan in the sum of One Thousand Six Hundred Fifty Dollars and Zero Cents ($1,650.00), until Jeanette M. Sloan's obligation is paid in full, plus late fees, costs of suit, attorneys' fees and collection costs, and interest from date of judgment. O_~LLIAMS & OTTO David R. Galloway~"~ [ I. D. Number 87326 ~ Ten East High Street L Carlisle, PA 17013 (717) 243-3341 Date: May 14, 2003 Attorneys for Plaintiff crrr 0 ~rT r~ O0 * o o ~-~ 1~o ul ~o o ~ o~ o~ oo~ ooo ooo o .... 000 0 0 0 0 0 0 rt o o o o o o bo '~ ~00 00 ~ ~0 o ~ ~ ~ EXHIBIT "A" 0 0000 000 0 O0 0 000 0 0 0000 000 0 O0 0 000 0 0 0000 000 0 O0 0 000 0 0 0000 000 0 O0 0 000 0 0 ~ ~WO ~ O~ ~ ~W W 0 0000 000 0 O0 0 000 0 0 0~0 ~0 0 O0 ~ ~0 0 0 0000 000 0 O0 0 000 0 0 0000 000 0 O0 0 000 0 0 000 00000 0 0 000 00000 0 0 000 00000 0 0 000 00000 0 O0 0 0 O0 000000 O0 0 0 O0 000000 O0 0 0 O0 000000 O0 0 0 O0 000000 ~0 0 0 O0 OWWWOW ~ ~ ~ ~0 000000 ~ 0 0 O~ ~~ ~ 0 0 O~ ~000~0 ..... b ' b ' ~bb~ ~ b bbb o~o b ~ o~ oooo ~b o o ooooo o ooo o~o o ~o oo oooo oo o o ooo~o o o~mo o oooo oo~ ~ ~ ~ ~L~ bbbb Z ....................... 0 000 0000 0 0 0 000 0000 0 0 0 000 0000 0 0 0 000 0000 0 0 0 O0 000 O0 0 000 00000 0 0 O0 000 O0 0 000 00000 0 0 O0 000 O0 0 000 00000 000000000 000000000 000000000 000000000 ~00~0~ 0~ ~0 ~ ~ ~ ~000 ~0 0~00 0~ ~00 ~ ~ ~ ~ ~000 ~ 0 00~00 0000000000 0 0000000000 0 0000000000 0 0000000000 ~ 00000000000000000000~0000~00000 0 0 000 00ooo0oo00oo00000o00~00o0~o00oo 0 0 00o 0 ~ 000 ~ ~ ~0 000 ~ 0 ~0 000~ ~ ~ ~0 ~ ~00~ ~ o ~ ~ ~ ~ ~ o o o ~ ~ ~ o ~ ~ ~ o ~ o ooooo ~ o ~o~ oo~o~ooooooo~o~ooooo~ooooooo~oooooooo o oo o~ o 000000 0 0000 0 0 000000 0 0000 0 0 000000 0 0000 0 0 0 0 0 CD 00000000000000 0 CD 0 0 00000000000000 0 0 0 0 00000000000000 U1 U1 kO O~ ~' 00000 ~,,J bO -,j -.J'O 0 CO bo 0 0 0 0 00000000000000 0 bO ~,JL) 0 I-~)-~)-, 0000 O00000 0 0 0 0 00000000000000 0 0 0 0 0 CD 000 0 o ~o~ ~0 ~, U1 0 0 U1 bJ VERIFICATION The foregoing Complaint is based upon information which has been gathered by my counsel in the preparation of the lawsuit. The language of the document is that of counsel and not my own. I have read the document and to the extent that it 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 document 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. Thomas B. Meyer F:\FILES\DATAFILE\Dicklnson College 7619\DickinsonCollegeCollections7619CXDocuments\169.coml F:~FiLESXDATAFILE\Dickinson College 7619\Dickins°nC°llegeC°llecti°ns76 l~CXD°cun~nts,\169'pral/¢ny Created: 5/29/03 8:55:11 AM Revised: 5/29/03 8:58:37 AM 7619C.169 DICKINSON COLLEGE, Plaintiff Vo JEANETTE M. SLOAN, Defendant 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-2323 CIVIL ACTION-LAW JURY TRIAL OF TWELVE DEMANDED PRAECIPE TO SETTLE AND DISCONTINUE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please mark the above captioned case settled and discontinued and issue a certificate reflecting same. MARTSON DEARDqt~F WILLIAMS David R. Galloway, Esquire ~ I.D. Number 87326 ~ Ten East High Street Carlisle, PA 1'7013 (717) 243-3341 & OTTO Attorneys for Plaintiff Date: May 29, 2003 CERTIFICATE OF SERVICE I, Christina N. Yost, an authorized agent for Martson Deardorff Williams & Otto, hereby certify that a copy of the foregoing Praecipe to Settle and Discontinue was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Ms. Jeanette M. Sloan 221 Vivian Drive Munhall, PA 15120 MARTSON DEARDORFF WILLIAMS & OTTO Christina N. Yost d/ Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: May 29, 2003 SHERIFF'S CASE NO: 2003-02323 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DICKINSON COLLEGE VS SLOAN JEANETTE M RETURN - OUT OF COUNTY R. Thomas Kline duly sworn according to law, says, that he made and inquiry for the within named DEFENDANT SLOAN JEANETTE M but was unable to locate Her in his bailiwick. deputized the sheriff of ALLEGHENY County, serve the within COMPLAINT & NOTICE Sheriff or Deputy Sheriff who being a diligent search and , to wit: He therefore Pennsylvania, to On June llth , 2003 attached return from ALLEGHENY Sheriff's Costs: Docketing 18.00 Out of County 9.00 Surcharge 10.00 Dep Allegheny Co 50.00 Notary 3.00 90.00 06/11/2003 MDW&O Sworn and subscribed to before me this 20 ~ day of ~ ~3~ A.D. ppr~ ~ ~ othonotary this office was in receipt'of the answers: R./ Thomas Klin6 Sheriff of Cumberland County In The Co~urtJof Common Pleas of Cumberland County, Pennsylvania Dickinson College VS. Jeanette M. Sloan 03-2323 civil Now, May 15, 2003 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriffof Allegheny County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of C~mb~rl~d Co~, PA within at oD~l by handing to Affidavit of Service ,20 o3, at ~.'oo o'clock _ PR }51ao i1~ M. served the a and made known to copy of the original the contents thereof. So answers, COSTS MILEAGE AFFIDAVIT 03HB-00088 LAW OFFICES OF JACOBS & ASSOCIATES 214 Senate Avenue, Suite 503 Camp Hill, PA 17011 Telephone Number: (717) 731-0998 Attorneys for Defendant John J. Tamalavage RANDALL L. YOUNG AND HELEN R. YOUNG, (PLA NXIFFS) VS. JOHN J. TAMALAVAGE, (DEFENDANT) IN THE COURT OF COMMON PLEAS CUMBERLAND~ PENNSYLVANIA No. 03-2332 CIVIL ACTION - LAW JURY TRIAl, DEMANDED ANSWER OF DEFENDANT JOHN J. TAMALAVAGE TO PLAINTIFFS' COMPLAINT AND NOW, comes the Defendant, John J. Tamalavage, by his attorney, JoAnne E. Kinzel, Esquire, and sets forth the following Answer to the Plaintiff's Complaint: 1-2. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations in paragraphs 1 and 2 of the Complaint. Therefore, they are denied and strict proof is demanded. 3. Paragraph 3 of the Complaint is admitted. 4. Upon information and belief, Defendant admits the allegations in paragraph 4 of the Complaint that Plaintiff was a passenger in a vehicle which was traveling northbound on Rossmoyne Road at SR 8001. After reasonable investigation, Defendant is without knowledge 03HB-00088 LAW OFFICES OF JACOBS & ASSOCIATES 214 Senate Avenue, Suite 503 Camp Hill, PA 17011 Telephone Number: (717) 731-0988 Attorneys for Defendant John J. Tamalavage RANDALL L. YOUNG AND HELEN R. YOUNG, (PLAINTIFFS) VS. JOHN J. TAMALAVAGE, (OEFENOANT) IN THE COURT OF COMMON PLEAS CUMBERLAND~ PENNSYLVANIA No. 03-2332 CIVIL ACTION - LAW JURY TRIAl. DEMANDED VERIFICATION I, John J. Tamalavage, Jr., Power of Attorney for John J. Tamalavage, verify that the statements made in the foregoing Answer of Defendant John J. Tamalavage to Plaintiffs' Complaint are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to thc: penalties of Pa.C.S.A. §4904, relating to unsworn falsification to authorities. Date: 7/[6/0..3 f' ./John J. Tamalavage, ~., Power of Attorney for Defendant John J. Tamalavage 03HB-00088 LAW OFFICES OF JACOBS & ASSOCIATES 214 Senate Avenue, Suite $03 Camp Hill, FA 17011 Telephone Number: (717) 731-0988 Attorneys for Defendant John J. Tamalavage RANDALL L. YOUNG AND HELEN R. YOUNG, (PLAINTIFFS) VS. JOHN J. TAMALAVAGE, (nEFENDANT) IN THE COERT OF COMMON PLEAS CUMBERLAND~ PENNSYLVANIA No. 03-2332 CIVIL ACTION - LAW JURY TRL~, DEMANDED CERTIFICATE OF SERVICE JoArme E. Kinzel, Esquire, hereby certifies that she is the attorney for the Defendant herein, and that she caused a true and correct copy of Answer of Defendant John J. Tamalavage to Plaintiffs' Complaint served by regular first class mail upon: Howard B. Krug, Esquire Purcell, Krug &Haller 1719 North Front Street Harrisburg, PA 17102 Date: July 23, 2003 ~1( ~ Es ulre