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Home My WebLink About03-2522F:\FILES\DATAFILE\Dickinson College 7619\DickinsonCollegeCollections7619C\Documents\ 167.com I/cny Created: 4/24/03 11:34:05 AM Revise& 5/28/03 2:54:33 PM 7619CA67 DICKINSON COLLEGE, Plaintiff LESLIE J. MILLER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 03 - 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 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 MARTSON DEARDORFF WILLIAMS & OTTO I. D. Number 87326 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: ,-Y/~oe//o3 Attorneys for Plaintiff DICKINSON COLLEGE, Plaintiff Vo LESLIE J. MILLER, Defendant IN 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 Leslie J. Miller ("Defendant") is an adult individual whose last known address is Bambo Boulevard #48, P.O. Box N3158, Nassau, Bahamas. below. COUNT I DICKINSON COLLEGE V. LESLIE J. MILLER BREACH OF CONTRACT Paragraphs 1 through 2 are incorporated herein by reference as if set forth in full 4. 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 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. 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 One Thousand Forty-Eight Dollars and Seventy-Seven Cents ($1,048.77). WHEREFORE, PlaintiffDickinson College demands judgrnent against Defendant Leslie J. Miller in the sum of One Thousand Forty-Eight Dollars and Seventy-Seven Cents ($1,048.77), plus late fees, costs of suit, attorneys' fees and collection costs, and interest from date of judgment. COUNT II DICKINSON COLLEGE V. LESLIE J. MILLER IN QUANTUM MER UIT In the alternative, if this Honorable Court should determine that an express contract between Dickinson and Leslie J. Miller 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 Forty- Eight Dollars and Seventy-Seven Cents ($1,048.77). 16. Plaintiff demanded payment of the above sums but Defendant failed and refused to do so. WHEREFORE, Plaintiff Dickinson College demands judgment against Defendant Leslie J. Miller in the sum of One Thousand Forty-Eight Dollars and Seventy-Seven Cents ($1,048.77), until Leslie J. Miller's obligation is paid in full, plus late fees, costs of suit, attorneys' fees and collection costs, and interest from date of judgment. Date: MARTSON DEARDORFF ~5LLIAMS & OTTO David R. Galloway, Esquire-" [ I. D. Number 87326~ ~ Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff Exhibit A ~J0~ ~n oo ~ oo o oo o oo o oo oo oo oo o oo oo o o o o o o o ~ oo oo o oo oo o o o o o o o ~ oo oo o oo oo o o o o o o o ~ ~ ~ ~ ~ ~ o o.o o o o °oooooooooooooooooooooo oooooooooooooo ooooooooooooooooooooooo oooooooooooooo 0 r ~o~ ~ ~ ~ ~ o ~ o o ~ ~ o o1~ oooo ~ ~o ~ ~ o o o o o o o o o o oo ~ ~ ~ ~ 0 0 O0 0 0 0 0 0 in' 0 · m~o 0 c~ o o o o o EXHIBIT "A" 0 0 0 0 o o o o o o o o 0 0 o o o o o ED 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O0 0 0 0 O0 0 0 0 0 000 0 O0 0 0 0 O0 0 0 0 0 000 0 O0 0 0 0 O0 0 0 0 0 000 0 O0 0 0 0 O0 0 0 0 0 000 0 0 0 0 0 0 0 0 0 0 0 0 O0 0 0 0 O0 0 0 0 0 000 O0 0 0 0 0 000 000000000000000000000000000000000000000000000000000000000000000000 0 ~ ~ 0 o 0 000 ~ oo00 0 ~ 0o0 ~ ~ 00~0 ~ 00o ~ 00o ~ 0 0000 .~ ~ ~ o ~ ~ _ om o w o ~ ~ Q ' ~ ~o o 0 o o 0 0 OO o ~ o o o o o O0 o o o o o o o oo o o o o o o o 0 0 o 0 0 o 0 o o o o o o o 0 o o o o 0 0 o o o o o o o o o o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 ~ 0 ~0 O0 0 0 0 0 0 0 U1 I--' I-~ b0 ~.0 ~ ~ I--~0 OI'O0 U'I ~'1~ U'I ~1 brl .,b,. 0 0 U11--' ~',O 0 U~ I~J 0 ~ U1 ~. ~obL~ ~o ....... -~o ~ o o o ........... ~ ~ ~, ~,~ ~ ..... U1 ~0-4 O~ ~ {~00 0 U~ OUlO I-* 0 I-~ ~ U~ 0'~ 0 Ol~ 0 0 0 0 0 bO U1U~ O~ ~, 0 ~0~ U1 U10'~ 0 0 0 000 0 0 ~O ~00 ~,) 0 0 0 0 0 0 0 0,~1 0 0 0 0 0 bJ ~O bO oo L~ ~O O0 L} O0 0 ~ o CDO 0 ~l~ CDO 0 ooooo o oo o o 0 ooooo o oo o o 0 ooooo o oo o o 0 ~ 00o ~ 0000 ~ ~0 0 ~0 O~ ~ 0~ OHO~ ~m~ ~0~ OHO o=~o ~ ~ ~ ~ o= o 0 =~m ~ ~ ~ ~0~ 0 ~ ~ ~ ~ ~ ~ ~ ~0~ ~ 0~0~ 0 I1 Il II II ~.0 II -.3 II II I-~ II LO II · II II d~ Il Il II II ~o II -..1 II- II ~ II ~0 II. II ~O II ~. II Il II II II II II II 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:\FI L ES\DATAFI LE\Dickinson College 7619\DickinsonCollegeCollections7619C',Documents\ 167.com I DICKINSON COLLEGE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. LESLIE J. MILLER, Defendant NO. 03-2522 CIVIL ACTION-LAW JURY TRIAL OF TWELVE DEMANDED p1L~CIPE TO DOCUMENT SERVICE AND COST OF SERVICE PURSUANT TO THE PENNSYLVANIA LONG ARM STATUIE_ I hereby certify that a copy of the Complaint was mailed to Leslie J. Miller on June 2, 2003, by return receipt for international mail. Attached is the Post Office retum receipt signed and dated July 11, 2003, and a copy of the receipt showing the cost of service was $5.60. MARTSON DEARDORFF WILLIAMS & OTTO David R. Galloway, Esquire \ I.D. No. 87326 ~ Ten East High Street Carlisle, PA 17013-3093 (717) 243-3341 Date: July 31, 2003 Attorneys for Plaintiff CERTIFICATE OF SERVICE I, Christina N. Yost, 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: Ms. Leslie J. Miller Bambo Boulevard #48 P.O. Box N3158 Nassau Bahamas MARTSON DEARDORFF WILLIAMS & OTTO Christina N. Yost Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: July 31, 2003 DICKINSON COLLEGE, Plaintiff V. LESLIE J. MILLER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-2522 CIVIL ACTION-LAW JURY TRIAL OF TWELVE DEMANDED PRAECIPE TO THE PROTHONOTARY: Enter default judgment in the above-captioned action in favor of Plaintiff and against Defendant in the amount of $1,048.77, plus late fees, costs of suit, attorneys' fees and collection costs, and interest from date ofjudgment for Defendant's failure to file an answer to the Complaint. I do hereby certify that a written notice o f intention to file this Praecipe (in the form attached hereto) was mailed to the Defendant at the address indicated thereon, on July 31, 2003, which date was subsequent to the date default occurred and at least ten (10) days prior to the date of the Praecipe. Dated: August 21, 2003 David R. Galloway, Esquir~ I. D. Number 87326 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff ~ILLIAMS & OTTO DICKINSON COLLEGE, Plaintiff V. LESLIE J. MILLER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-2522 CIVIL ACTION-LAW JURY TRIAL OF TWELVE DEMANDED TO: LESLIE J. MILLER, Defendant NOTICE OF ENTRY OF DEFAULT JUDGMENT You are hereby notified that on August 21,2003, the following Judgment was entered against you in the above-captioned case: in the amount of $1,048.77, plus late fees, costs of suit, attorneys' fees and collection costs, and interest from date of judgment for Defendant's failure to file an answer to the Complaint. Date: Prothonotary I hereby certify that the name and address of the proper person to receive this notice under Pa. R. Civ. P. 236 is: Ms. Leslie J. Miller Bambo Boulevard #48 P.O. Box N3158 Nassau, Bahamas DICKINSON COLLEGE, Plaintiff LESLIE J. MILLER, Defendant 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-2522 CIVIL ACTION-LAW JURY TRIAL OF TWELVE DEMANDED TO: LESLIE J. MILLER, Defendant NOTICE OF INTENTION TO FILE PRAECIPE FOR ENTRY OF DEFAULT JUDGMENT YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE 1N WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. 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 Dated: July 31, 2003 h MARTSON DEARDORF~ ~tLIAMS & OTTO By David R. Oalloway, Esquire I. D. Number 87326 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL DOES Nm PROVIDE FOR INSURANCE -- POSTMASTER ~ p,e~ of o~ma~ mai addr~ 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: Ms. Leslie J. Miller Bambo Boulevard ~48 P.O. Box N3158 Nassau, Bahamas MARTSON DEARDORFF WILLIAMS & OTTO Christina N. Yost 6/ Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: August 21, 2003