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HomeMy WebLinkAbout03-2324F:\FILES\DATAFILE\Dickinson College 7619\DickinsonCollegeCollections7619C~Documents\ 165.corn I/cny Created: 4/24/03 10:33:52 AM ~.evised: 5/14/03 2:4I :44 PM 7619C 165 DICKINSON COLLEGE, Plaintiff MICHAEL J. HUNT, JR., 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 a~er 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 judgrnent 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 Carlisle, PA 17013 (717) 243-3341 Dated: May 14, 2003 Attorneys for Plaintiff DICKINSON COLLEGE, Plaintiff MICHAEL J. HUNT, JR., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. o3- J,z4 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 Michael J. Hunt, Jr. ("Defendant") is an adult individual whose last known address is 151 Haverford Road, Delaware County, Milmont Park, Pennsylvania 19033. o below. 4. COUNT I DICKINSON COLLEGE V. MICHAEL J. HUNT, JR. 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 Plaintiff to pay tuition, dining service fees and other educational expenses provided and rendered to Defendant by Plaintiff. A true 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. o such default. 10. 11. Notices were forwarded to Defendant informing him of his 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 Six Thousand Two Hundred Eleven Dollars and Fifty-Six Cents ($6,211.56). WHEREFORE, Plaintiff Dickinson College demands judgment against Defendant Michael J. Hunt, Jr. in the sum of Six Thousand Two Hundred Eleven Dollars and Fifty-Six Cents ($6,211.56), plus late fees, costs of suit, attorneys' fees and collection costs, and interest from date of judgment. COUNT II DICKINSON COLLEGE V. MICHAEL J. HUNT, JR. IN QUANTUM MER UIT In the alternative, if this Honorable Court should determine that an express contract between Dickinson and Michael J. Hunt, Jr., 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 Six Thousand Two Hundred Eleven Dollars and Fifty-Six Cents ($6,211.56). 16. Plaintiff demanded payment of the above sums but Defendant failed and refused to do so. WHEREFORE, PlaimiffDickinson College demands judgmem against Defendant Michael J. Hunt, Jr., in the sum of Six Thousand Two Hundred Eleven Dollars and Fitly-Six Cents ($6,211.56), until Michael J. Hunt Jr.'s obligation is paid in full, plus late fees, costs of suit, attorneys' fees and collection costs, and interest from date of judgment. MARTSON DEARDO~LIAMS & OTTO David R. Galloway, Esquire~ [ I. D. Number 87326 ~ Ten East High Street Carlisle, PA 17013 (717) 243-3341 Date: May 14, 2003 Attorneys for Plaintiff ooo o oo~ o~ L o ~ o rr{-t 0 o 0 ~ n" 0 o o 0 0 0 EXHIBIT "A" 000 0oo o ooo o 000 o ~0hO~ {si 0o0 0 000 00o0o 0 0000o 0 0 0 o o 00ooo o 0o0o0 o 0 o o o ooooo o ooooo o o 0 o o oo00o 0 o00oo 0 o 0 0 0 o 0 0 o 0oo000o0o o o0o 0 0 0 0 ooo000o0o o o00 o 0 0 0 o 0oo000000 0 000 o 0 0 0 o ooo0000o0 0 ooo 0 O0 000~ 0000 0 000~0000~ O~ 000~0000~ O0 00000 00000 0 0 00000 0 0000000 0 0 0 0 00000 0 0 0 O0 0 00000 0 0000000 0 0 0 0 0 00000 0 0 0 O0 0 00000 0 0000000 0 0 0 0 0 00000 0 0 0 O0 0 00000 0000000 0 0 0 0 0 00000 0 0 0 O0 0 00000 0 00000 0 0 0000000 0 0 0 0 0 00000 0 0 0 O0 0 00000 0 0000000000000000000000000000000000000000000000000000000000000 ~0~ 00~ ~0 O~ ~0 ~ ~ ~0 0 ~ ~ 000~ ~00000~ ~000 ~ 0 0~0~ 0000 0000000 0000 0 0 0~00 0000 0000000 0000 0 0 0~00 0 0000 0 00000000 0 000 0 0 0 0 0 0000 0 0 0 00000000 0 0 000 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0000 0 0 0 00000000 0 0 000 0 0 0 0 0 0 0 0 0 0 0 0 0 0000 0 0 0 00000000 0 0 000 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 ~~ ~ o ~ ~ o~o ~ oooo m ooo ~ oo ~ ~ ooo oo~oo~ ~ ~ oo~ o ~ ~ ~o ~ ~o ~ ~o ~ooo~o ~ ~o ~ ~ ~o ~ o o ~0, ~. ;: oo o o ooo o ~o~ o ~o~ ~ ~ o ~ ~o~ 0 0 O0 0 0 O0 000000000 0 000000 0 0 000000000 0 000000 0 0 000000000 0 000000 0 0 ~~00 ~ ~00000 H ~ 00000000000000 00000000000000 00000000000000 ~0000000000000 0~0~~0000 00000000000000 0000 0 0 0 0 0 0 0 0000 0 0 0 0 0 0 0 0000 0 0 0 0 0 0 0 0~ o 0 0 ~ ~ ~ ~ II II II ~ II ~ I1' II tg II II LO II · II II II II II 0 II · II 0 II 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 L} L'O ~ ~ ~ all 0 0 0 0 0 H~'HH~H~HHHH O~ O 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. Meye_r_L__f' F:\FILES\DATAFILE~Dickinson College 7619\DickinsonColleg¢Collections7619C~Documents\165.coml SHERIFF'S RETURN - CASE NO: 2003-023124 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLkND DICKINSON COLLEGE VS HUNT MICHAEL J JR OUT OF COUNTY R. Thomas Kline duly sworn according to law, says, that he made a diligent and inquiry for tile within named DEFENDANT , to wit: HUNT MICHAEL J JR but was unable to locate Him in his bailiwick. deputized the sheriff of DELAWARE County, serve the within COMPLAINT & NOTICE Sheriff or Deputy Sheriff who being search and He therefore Pennsylvania, to On June 3rd , 2003 attached return from DELAWARE Sheriff's Costs: Docketing 18.00 Out of County 9.00 Surcharge 10.00 Dep Delaware Co 30.90 .00 67.90 06/03/2003 MDW&O Sworn and subscribed to before me this /&?~ day of'~ ~3 A.D. Prothonotary , this office was in receipt of the So an ' rs: / ~sR%~ri~' ' of CumberlaIld County In The Court of Common Pleas of Cufilberland County, Pennsylvania Dickinson College VS, Michael J. Hunt Jr. SERVE: sane No. 03-2324 civil May 15, 2003 Now~ hereby deputize the Sheriff of Delaware deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA , I, SHERIFF OF CUMBERLAND COUNTY, PA, do County to execute this Writ, this 2NJOW, within upon at by handing to a and made known to Affidavit of Service },~/qy ~/u6 ,2003,at /f50 o'clock m/~ff~ ~ ~W ~' ~econtents thereof. NOTARIAL S~E / ~ S~RI L, ~UP~O, No~ PuUi~ I / // ~ MediaBo;o,OelawareCounty I ~ // ~/ ~ ,2002 subscribe(~l~efore me this~k~ day of 7~-~ COSTS SERVICE MILEAGE AFFIDAVIT DICKINSON COLLEGE, Plaintiff MICHAEL J. HUNT, JR., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2003-2324 CIVIL ACTION-LAW JURY TRIAL OF TWELVE DEMANDED TO: MICHAEL J. HUNT, JR., Defendant NOTICE OF ENTRY OF DEFAULT JUDGMENT You are hereby notified that on CT'6.~ · ~O , 2003, the following Judgment was entered against you in the above-captioned case: In favor of Plaintiff and against Defendant in the amount of $6,211.56 plus late fees, costs of suit, collection costs, and interest from date of judgment for Defendant's failure to file an answer to the Complaint. Date: ~"~e ~30 :~o3 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. Michael J. Hunt, Jr. 151 Haverford Road Milmont Park, PA 19033 DICKINSON COLLEGE, Plaintiff MICHAEL J. HUNT, JR., Defendant TO THEPROTHONOTARY: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2003-2324 C1VIL ACTION-LAW JURY TRIAL OF TWELVE DEMANDED Enter default judgment in the above-captioned action in favor of Plaintiff and against Defendant in the amount of $6,211.56 plus late fees, costs of suit, collection costs, and interest from date ofjudgmem 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 June 16, 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 <.' B David R. Galloway,--~-'~-q~ire I. D. Number 87326 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys i'or Plaintiff Dated: June 27, 2003 DICKINSON COLLEGE, Plaintiff MICHAEL J. HUNT, JR., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2003-2324 CWIL ACTION-LAW JURY TRIAL OF TWELVE DEMANDED TO: MICHAEL J. HUNT, JR., 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 1N 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 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 MARTSON DEARDORF! ~I~kIAMS & OTTO BYDavid ~E~,~c~un e~ I. D. Number 87326 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Date: 6/~3/~_~ Attorneys for Plaintiff U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR OOMEST C AND NTERNAT ONAL MA L DOES NOT PROVIDE FOR INSURANCE--POSTMASTER ;" Received Erom:, - , / One piece of ordine~ mail addressed to CERTIFICATE OF SERVICE I, Christina N. Yost, an authorized agent of Martson Deardorff Williams & Otto, hereby certify that a copy of the foregoing document was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Mr. Michael J. Hunt, Jr. 151 Haverford Road Milmont Park, PA 19033 MARTSON DEARDORFF WILLIAMS & OTTO Christina N. Yost Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: June 27, 2003 F:Lt~ILES~DATAFlLE\DickinsonColiege7619\Collections\Current\ 165 pta2 Crealcd~ 11/11/04 3:ISPM Revised 11/11/04 3-24PM 7619C 165 David R. Galloway, Esquire MARTSON DEARDORFF WILLIAMS & OTTO Ten East High Street Carlisle, PA 17013-3093 (717) 243-3341 Attorneys for Plaintiff DICKINSON COLLEGE, Plaintiff Vo MICHAEL J. HUNT, JR., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 20O3-2324 CIVIL ACTION-LAW 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. W~LIAMS & OTTO David R. Galloway, Esquire I.D. Number 87326 Ten East High Street Carlisle, PA 17013-3093 (717) 243-3341 Attorneys for Plaintiff Date: November 12, 2004 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, PA, first class mail, postage prepaid, addressed as follows: Mr. Michael J. Hunt 151 Haverford Road Milmont Park, PA 19033 MARTSON DEARDORFF W .I!~AMS & OTTO Jeanfi~,~ior / Ten ~East High Street Carlisle, PA 17013 (717) 243-3341 Dated: November 12, 2004