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Home My WebLink About03-2923F kFI LES~DATAFI LE/Dickinson College 7619/Dickln sonCollegeColl¢ctlons 7619C/Documents/156 corn I/drg C~ated: 4/22/03 I 1:51:46 AM Revised: 5/7/03 2:21:39 PM 7619c 156 DICKINSON COLLEGE, Plaintiff SCOTT F. McFARLAND, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 62 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 ajudgment 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: S David R. G la lo-~ay, Es~m~'e ID. Number 87326 Ten East High S~eet Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff OTTO DICKINSON COLLEGE, Plaintiff SCOTT F. McFARLAND, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. a3 C4;d .- 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 Scott F. McFarland is an adult individual with a last known address of 48 Homestead Lane, Montgomery County, Linfield, PA 19468-1235. 3. On or about May 2, 1978, Defendant entered into a Promissory Note - Federal Perkins Loan Program (Note #1) with Plaintiff A copy of Note #1 is attached hereto as Exhibit "A." 4. Note #1 provided for the financing of $1,000.00, plus interest and costs by Defendant on his own behalf, for educational services and benefits at Plaintiff's institution. 5. On or about April 20, 1979, 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 6. Note #2 provided for the financing of $500.00, plus interest and costs by Defendant on his own behalf, for educational services and benefits at Plaintiffs institution. 7. On or about December 5, 1980, Defendant entered into an additional Promissory Note - Federal Perkins Loan Program (Note #3) with Plaintiff. A copy of Note #3 is attached hereto as Exhibit 8. Note #3 provided for the financing of $900.00 plus interest and costs by Defendant on his own behalf for educational services and benefits at Plaintiffs institution. 9. Note #l, Note #2 and Note #3 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. 10. As provided in the Act, Plaintiff acts in a fiduciary capacity in the handling, disbursing and collect/rig of funds associated with the programs under the Act. 11. The total collective principal for Note #1, Note #2 and Note #3 is $2,400.00. 12. Note #1, Note #2 and Note #3 grant PlaintilTreasonable collection and attorneys' fees which Plaint/ffha calculated to be $500.00. 13. As of May 7, 2003, the principal and interest due and payable by Defendant to Plaintiff was $1,702.84, plus interest accruing thereafter at $0.09 per day. 14. The outstanding balance ors 1,702.84 represents the total and actual overdue value of the financing provided to Defendant under Note #1, Note #2 and Note #3 for which Defendant has yet to pay. 15. Plaintiff has fulfilled, performed and complied with all obligations and conditions of Note #1, Note #2 and Note #3. COUNT I BREACH OF CONTRACT 16. Plaimiff hereby incorporates by reference the averments contained in Paragraphs 1 through 15 of this Complaint. 17. Defendant breached the expressed and implied obligations, conditions and terms of agreement of Note #1, Note #2 and Note #3 by failing to pay the amounts financed therein. WHEREFORE, Plaintiffdemandsj udgment against Defendant in the amount ors 1,702.84, plus interest accruing at $0.09 per day, collection and attorneys' fees in the amount of $500.00 and costs of suit. COUNT I1 IN OUANTUM MERUIT 18. Plaintiff hereby incorporates by reference the averments contained in Paragraphs 1 through 17 of this Complaint. 19. Defendant is liable to Plaintiff and/or has been unjustly enriched in the amount of $1,702.84, plus interest accruing at $0.09 per day. WHEREFORE, Plaintiff demands judgment against Defendant in the mount of $1,702.84 plus interest accruing at $0.09 per day, collection and attorneys' fees in the amount of $500.00 and costs of suit. Date: {o/lq~~ MARTSON DEARDORFI~ WILLIAMS & OTTO I.D. Number 87326 Ten East High Street Carlisle, PA 17013-3093 ~ (717) 243-3341 \ Attorneys for Plaintiff Exhibit A Exhibit "'A" DICKINSON COLLEGE (Straae or Box Numbe$, City, Stat .... d'~IplCoda) DEFAULT (2) If I fail to meat a aeheduled £epay~ent of amy of the imstallmeutm duc oa [h~m not~ the entire unpaid Exhibit B Exhibit "B" 3 6 ? P ..... nc address 9 Exhibit C Exhibit "C" PROMISSORY NOTE DICKINSON COLLEGE CarOsle, PA 17013 Scott McFar land 3 5 6 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 tree and correct and to the best of my knowledge, information and belief.. 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: SHERIFF'S RETURN - CASE NO: 2003-02923 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DICKINSON COLLEGE V$ MCFARLAND SCOTT F OUT OF COUNTY R. Thomas Kline duly sworn according to law, and inquiry for the within named DEFENDANT , MCFARLAND SCOTT F but was unable to locate Him in his bailiwick. deputized the sheriff of MONTGOMERY County, serve the within COMPLAINT & NOTICE , Sheriff or Deputy Sheriff who being says, that he made a diligent search and to wit: He therefore Pennsylvania, to On July 7th , 2003 attached return from MONTGOMERY Sheriff's Costs: Docketing 18.00 Out of County 9.00 Surcharge 10.00 Dep Montgomery Co 33.00 .00 70.00 07/07/2003 MDW&O Sworn and subscribed to before me this /~ ~ day of__<~'17 A.D. Prothonotary' this office was in receipt of the S o an s w~/~_~~ R. Thomas Kline Sheriff of Cumberland County In The Court of Common Pleas of Cmnberland County, Pennsylvania Dickinson College VS. Scott F. McFarland SERVE: sane 03-2923 civil No. NOW, June 24, 2003 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Montgomery County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA Now, within upon a and made known to Affidavit of Service o'clock ~4~ M. served the copy of the original the contents thereof. Sworn and subscrib, e.d before So answers, ~ .. / Counpf, PA cos AFFIDAVIT R. THOMAS KLINE Shedff EDWARD L. SCHORPP Solicitor OFFICE OF THE SHERIFF One Courthouse Square Carlisle, Pennsylvania 17013 TO: Hon. John Durante Montgomery County Sheriff Dear Sir: Enclosed please find to be served upon RE: Dickinson College VS Scott F. McFarland 03-2923 civil PERSON SERVED Notice ~nd Complaint Scott F. McFarland RELATION / POSITION Pl.gCE OF SERVICE ~fN[ 0~ S~VlLt 48 Homestead Lane Linfield, PA 19468 ~f, iFl~o£R OF ~T[E~1?iS h DE" "'v your County. ~ndty m~e se~ice ~ereof ~d send us yo~ re~ of se~ice. ',.~S~ [;/J OF S~ICE Enclosed is ~e advice p~:t wh{ch you requested, ' R. ~om~ Kline, Sheriff Cmberl~d Com~, Pe~ylv~ia RONNY R. ANDERSON Chief Deputy JODY S. SMITH Real Estate Deputy 'Enclosures: gT? 7 PAGE 03/85 DICKINSON COLLEGE, Plaintiff SCO~-r F. McFARLAND, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-2923 CIVIL ACTION-LAW JURY TRIAL OF TWELVE DEMANDED STIPULATION AND AGREEMENT FOR ENTRy OF.,IUDGMENT AND NOW, comes Plaintiff. DICKINSON COLLt~GI~, by and through its auomeys, MAP. TSON DEARDO1U?F WILLIAMS & OTTO, and Defendant Scott McFarland who stipulate a~d agree as follows: 1. Pa, R.C,P. 1037 (c) provides that in ail cases, the Coati, on motion cfa party, may enter an appropriate judgment against a party upon admission. 2. Defendant agrees and admits that .rudgment should be entered against him in favor of Plaintiff in the amount of $1,702.84, plus interest from May 7, 2003 in lhe amount of $15.21, collection and attorneys' fees in the amount of $500.00 for a total of $2~218.0~ plus costs of suit and interest accruing at 3% per annum from date of Judgment. 3. The parties agree that tlle Court, upon motion of Plaintiff, may enter Judgment pursuant to this Stipulation without issuance of a Rule to Show Cause, a~d without further proceedings or notice. _ ~ Scott McFarland Davkl R. Galloway, E~iaire- 4.8 Homestead Lane Mar~on Deardm'ff Williams & Otto Linfield, ~A. 19468-1235 Ten East High Street Carlisle, PA 17013-3093 Ui?) 243-3341 Defendant Attorney for Plaintiff CERTIFICATE OF SERVICE I, Tricia D. Eckenroad, an authorized agent for Martson DeardorffWilliams & Otto, hereby certify that a copy of the foregoing Order was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Francis M. Walsh, Esquire 538 Church Street Norristown, PA 19401-4811 MARTSON DEARDORFF WILLIAMS & OTTO Carlisle, PA 17013 (717) 243-3341 Dated: March 10, 2004 DICKINSON COLLEGE, Plaintiff V. SCOTT F. McFARLAND, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-2923 CWIL ACTION-LAW JURY TRIAL OF TWELVE DEMANDED ORDER OF COURT AND NOW, this ,~% day of [t~.~ ~, ~'t , 2004, upon consideration of the attached Stipulation, judgment is hereby entered in favor of Plaintiff, Dickinson College, against Defendant, Scott F. McFarland, in the amount of $2,218.05 plus costs of suit and interest accruing at 3% per annum from date of Judgment. Prothonotary is directed to enter and index this judgment accordingly. C ~ar Plaintiff: vid R. Galloway, Esquire Ten East High Street Carlisle, PA 17013 ~rr Defendant: ancis M. Walsh, Esquire 538 Church Street Norfistown, PA 19401-4811 BY THE COURT, 0 .~(3',,~ '-~'~ck ''gd L, tb'¢ ~ a'¼~ OO'~,~ VINVA'I,LCdNNac! 11/84/2883 14:25 7172431887 MDt40 PAGE 83/85 DICKINSON COLLEGE, Plaintiff 8CO]-F F. McFARLAND, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-2923 CIVIL ACTION-LAW JURY TRIAL OF TWELVE DEMANDED STIPULATION AND AGREEMENT FOR ENTRY OF. JI.~DGMENT AND NOW, comes Plaintiff. DICKINSON COLLEGE, by md through its a~omeys, MAi~TSON DEAP. DOA/:F WILLIAMS & OTTO, and Defendant Scott McFarland who sQpulate and agree as follows: 1. Pa. R.C.P. 1037 (c) provides that m El cases, the Court, on motion ora party, may enter ~n appropriate judgment against a party upon admission. Defendant agrees and adm/ts that .Iudgment should be entered aga/nst h/m in favor of Plaintiff in the amount of $1,702.$4, plus interest from May 7, 2003 ha the amount of $15.21, collect/on and attorneys' fees in the amount of $$00.00 for a total of $2,215.05 plus costs of suit and in~tcst acerU/ng at 3% p~ annum from date of Judgment. 3. The parties agree that the Court, upon mot/on of Plaint/fi, may enter Iudgment pursuant to th/s ~tipulation w/thout isstlance of a Rule to Show Cause, and w/lhout further prooeedings or notice. Scott McFarland 48 Homestead Lane Linfield, P~. 19468-1235 Ten East High Street \ Carlisle, PA 17013-3093 (717) 243-3341 Defendant Date: Attorney for Plaintiff Date: CERTIFICATE OF SERVICE I, Tricia D. Eckenroad, an authorized agent for Martson Deardorff Williams & Otto, hereby certify that a copy of the foregoing Order was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Francis M. Walsh, Esquire 538 Church Street Norristown, PA 19401-4811 MARTSON DEARDORFF WILLIAMS & OTTO Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: March 10, 2004