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HomeMy WebLinkAbout03-2922DICKINSON COLLEGE, Plaintiff THOMAS M. DONOHOE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA :NO. - t : 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 Date: S & OTTO Ten East High Street / ] Carlisle, PA 17013 ¥ (717) 243-3341 Attomeys for Plaintiff DICKINSON COLLEGE, Plaintiff THOMAS M. DONOHOE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 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 Dickinson College is 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 Thomas M. Donohoe is an adult individual with a last known address of 1120 McKean Street, Philadelphia County, Philadelphia, PA 19148-2214. 3. On or about March 6, 1978, Defendant entered into a Promissory Note - Federal Perkins Loan Program (Note #1) with Plainti~.. A copy of Note #1 is attached hereto as Exhibit "A." 4. Note #1 provided for the financing of $574.00, plus interest and costs by Defendant on his own behalf, for educational services and benefits at Plaintiff's institution. 5. Defendant entered into an additional Promissory Note - Federal Perkins Loan Program (Note #2) with Plaintiff. A copy of Note #2 is attached hereto as Exhibit "B." 6. Note #2 provided for the financing of $600.00, plus interest and costs by Defendant on his own behalf, for educational services and benefits at PlaintiWs institution. 7. Note #1 and Note #2 are funds created under Part E of Title IV of the Higher Education Act of 1965 as amended, (hereinafter the "Act") and are subject to the Act and the Federal Regulations issued under the Act. 8. As provided in the Act, Plaintiff acts in a fiduciary capacity in the handling, disbursing and collecting of funds associated with the programs under the Act. 9. The total collective principal for Note #1 and Note #2 is $1,174.00. 10. Note #1 and Note #2 grant Plaintiff reasonable collection and attorneys' fees which Plaintiff has calculated to be $500.00. 11. As of March 20, 2003, the principal and interest due and payable by Defendant to Plaintiff was $1,972.32, plus interest accruing therea~er at $.10 per day. 12. The outstanding balance of $1,972.32 represents the total and actual overdue value of the financing provided to Defendant under Note #1 and Note #2 for which Defendant has yet to pay. 13. Plaintiffhas fulfilled, performed and complied with all obligations and conditions of Note #1 and Note #2. COUNT I BREACH OF CONTRACT 14. Plaintiff hereby incorporates by reference the averments contained in Paragraphs 1 through 13 of this Complaint. 15. Defendant breached the expressed and implied obligations, conditions and terms of agreement of Note #1 and Note #2 by failing to pay the amounts financed therein. WHEREFORE, Plaintiff demands judgment against Defendant in the amount of $1,972.32, plus interest accruing at $.10 per day, attorneys' fees in thc amount of $500.00 and costs of suit. COUNT I1 IN OUANTUM MER UIT 16. Plaintiff hereby incorporates by reference the averments contained in Paragraphs I through 15 of this Complaint. 17. Defendant is liable to Plaintiff and/or has been unjustly enriched in thc amount of $1,972.32, plus interest accruing at $. 10 per day. WHEREFORE, Plaintiffdemands judgment against Defendant in the amount of $1,972.32 plus interest accruing at $.10 per day, attorneys' fees in thc amount of $500.00 and costs of suit. IAMS Davld R. GalloWay-- I.D. Number 87326 Ten East High Street Carlisle, PA 17013-3093 (717) 243-3341 Attorneys for Plaintiff & OTTO Exhibit A DICKINSON COLLI~GE I. . / [10.~.~-~. I~?0 0~=_ ........... pr.mi~etopayloDicklnsnnCollege, h,~[~in.~£I~rc.~]ledlheLel, dln}3 Exhibit "A" PRIOR LOANS Exhibit B PRO~SSORV NOr~: ~ O ~ Nationa~ Direct Student Loan Prog£am , ~ ~ ~~ ' CAI,LISLE, }ENNSYLVANIA 17013 to DICKINSON COLLEGE, hereinafter called the Lending In~tituti n, I,cated at CARLISLE PENNSYLVANIA, paid when due. 500 oo 4 7 Exhibit "B" VERIFICATION I, THOMAS MEYER, Assistant Treasurer of Dickinson College, acknowledge that I have the authority to execute this Verification on behalf of Dickinson College and certify that the foregoing Complaint is based upon information which has been gathered by my counsel in the preparation of this lawsuit. The language of this Complaint is that of counsel and not my own. I have read the document and to the extent that this Complaint is based upon information which I have given to my counsel, it is true and correct and to the best of my knowledge, information and beliefi To the extent that the content of this 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. § 4904 relating to unswom falsification to authorities, which provides that ifI knowingly make false averments, I may be subject to criminal penalties. Dickinson College Assistant Treasurer of Dickinson College Dated: ~,~ Y/&~ DICKINSON COLLEGE, Plaintiff V. THOMAS M. DONOHOE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-2922 CIVIL ACTION-LAW JURY TRIAL OF TWELVE DEMANDED PRAECIPE TO DOCUMENT COST OF SERVICE PURSUANT TO THE PENNSYLVANIA LONG ARM STATUTE Attached is the receipt indicating cost of service to have Complaint served upon Defendant. I. D. Number 87326 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Date: July 2, 2003 Attorneys for Plaintiff Dennis Richman's Services For The Professional, Inc. 1617 JFK Boulevard, Suite 820 Philadelphia, PA, 19103 (215) 977-9393, (215) 977-9806 Fax DAVID R. GALLOWAY, ESQUIRE TEN EAST HIGH ST. CARLISLE PA 17013 Reference Service #6767 when remitting. Invoice June 26, 2003 Dickinson College vs Thomas M. Donohoe, Docket/Case Number: 03-2922 Complaint issued upon Thomas M. Donohoe, Philadelphia, PA Total Service Fees: $45.00 Amount Received: $45.00 Amount Due: $0.00 There is no balance due: $0.00 Thank You!! We appreciate your business! Our Tax I.D. 23-2124873 REMINDER Maintain your discounted service fee by paying all invoices within 30 days. All accounts over 30 days are subject to standard fees and billing charges. CERTIFICATE OF SERVICE I, Christina N. Yost, an authorized agent for Martson DeardorffWilliams & 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. Thomas M. Donohoe 1120 McKean Street Philadelphia, PA 19148 MARTSON DEARDORFF WILLIAMS & OTTO Christina N. Yost g Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: July 2, 2003 DICKINSON COLLEGE, Plaintiff THOMAS M. DONOHOE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-2922 CIVIL ACTION-LAW JURY TRIAL OF TWELVE DEMANDED PRAECIPE TO DOCUMENT SERVICE PURSUANT TO THE PENNSYLVANIA LONG ARM STATUTE I hereby certify that a copy of the Complaint was served upon Thomas M. Donohoe as more fully described in the attached Affidavit of Service. Date: August 5, 2003 MARTSON DEARDORFF WILLIAMS & OTTO Y~~ B David R. Galloway, Esquire~ I.D. No. 87326 ~ Ten East High Street X, Carlisle, PA 17013-3093 (717) 243-3341 Attorneys for Plaintiff David R. Galloway, Esquire Ten East High St. Carlisle, PA 17013 717-243-3341 DICKINSON COLLEGE V. THOMAS M. DONOHOE Court of Common Pleas Cumberland County, Pennsylvania Docket/Index # 03-2922 Affidavit of Service Commonwealth of Pennsylvania SS: County of Philadelphia I, Thomas J. Crean 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 June 24, 2003 at 8:25 PM, deponent served the within named Complaint upon Thomas M, Donohoe, Defendant. Said service was effected at 1120 McKean St., Philadelphia, PA 19148, in the following manner; By delivering thereat a true copy to Anthony Landolfi, his step-father, a person of suitable age and discretion. That person was also asked by deponent whether said premises was Thomas M. Donohoe's dwelling place or usual place of abode and their reply was affirmative. Anthony LandOIfi is described to the best of deponent's ability at the time and circumstances of service as follows: Sex: Male Skin: Caucasian Hair: Grey Age(Approx): 75 Ht.(Approx): 5' 5" Wt.(Approx): 140-150 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 June 30, 2003 Reg~n A R~chman, NotaryPubhc Falls Twp., Bucks County My Commission Expires: December 12, 2005. Dennis Richman's Services For The Professional, Inc. 1617 JFK Boulevard, Suite 820 Philadelphia, PA 19103 (215) 977-9393, (215) 977-9806 (Fax) DRS ~f 6767 CERTIFICATE OF SERVICE I, Tricia D. Eckenroad, an authorized agent for Martson DeardorffWilliams & Otto, hereby certify that a copy &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. Thomas M. Donohoe 1120 McKean Street Philadelphia, PA 19148 MARTSON DEARDORFF WILLIAMS & OTTO Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: August 5, 2003 DICKINSON COLLEGE, Plaintiff THOMAS M. DONOHOE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-2922 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 $1,972.32, plus interest from March 20, 2003, in the amount of $15.40, and attorneys' fees in the amount of $500.00 for a total of $2,487.72 with interest accruing thereafter at $.10 per day and costs of suit 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 August 5, 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 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff Dated: August 22, 2003 DICKINSON COLLEGE, Plaintiff THOMAS M. DONOHOE, Defendant 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-2922 CIVIL ACTION-LAW JURY TRIAL OF TWELVE DEMANDED TO: THOMAS M. DONOHOE, Defendant NOTICE OF ENTRY OF DEFAULT JUDGMENT You are hereby notified that on August 22, 2003, the following Judgment was entered against you in the above-captioned case: in the amount of $1,972.32, plus interest from March 20, 2003, in the amount of $15.40, and attorneys' fees in the amount of $500.00 for a total of $2,487.72 with interest accruing thereafter at $. 10 per day and costs of suit for Defendant's failure to file an answer to the Complaint. 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. Thomas M. Donohoe 1120 McKean Street Philadelphia, PA 19148 DICKINSON COLLEGE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 03-2922 CWIL ACTION-LAW JURY TRIAL OF TWELVE DEMANDED THOMAS M. DONOHOE, Defendant NOTICE OF INTENTION TO FILE PRAECIPE FOR ENTRY OF DEFAULT JUDGMENT THOMAS M. DONOHOE, Defendant TO: YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN 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 Date: August 5, 2003 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff u.s. POSTAL SERWCE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PS Form 3817, Mar. 1989 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. Thomas M. Donohoe 1120 McKean Street Philadelphia, PA 19148 MARTSON DEARDORFF WILLIAMS & OTTO Christina N. Yost Ten East High Street Carlisle, PA 17013 (717) 243 -3341 Dated: August 22, 2003