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HomeMy WebLinkAbout99-03018 ?Y tT {ti I??1 PS yF' pg.y `12 if I N• t I1?'v 121, :ifs 1 i WORLDWIDE TRAVEL, INC. Plaintiff V. MARY E. MILLIGAN COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 99-3018 Civil Term Defendant ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter the appearance of Robert E. Yetter, Esquire of the law firm Metzger, Wickersham, Knauss & Erb, P.C. as attorneys for Defendant, Mary E. Milligan. METZGER, WICKERSHAM, KNAUSS & ERB ?> J By: C l( (_ A _ Robert ester, Esquire Attorney or Mary E. Milligan I.D. No. 06861 P.O. Box 5300 Harrisburg, PA 17108-5300 (717) 238-8187 0 , Dated: June 16, 1999 CERTIFICATE OF SERVICE I hereby certify that on this date a true and correct copy of the Entry of Appearance was served by U.S. Mail, postage prepaid, deposited at Harrisburg, PA upon counsel for Plaintiff, addressed as follows: William H. Dinkel, Esquire 2201 Columbia Avenue Lancaster, PA 17603 Robe E. ett r, Esquire i-= lli tt7 LIA ? Il. . ?"7f IJ ?' ON j 01 WORLDWIDE TRAVEL, INC. COURT OF COMMON PLEAS . CUMBERLAND COUNTY, PA Plaintiff NO. 99-3018 Civil Term V. MARY E. MILLIGAN Defendant NOTICE TO: WORLDWIDE TRAVEL, INC. 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 New Matter 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 New Matter or for any other claim or relief requested by the Plaintiff. 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. WORLDWIDE TRAVEL, INC, COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA Plaintiff NO. 99-3018 Civil Term V. MARY E. MILLIGAN Defendant DEFENDANT'S ANSWER WITH NEW MATTER AND NOW, comes the Defendant Mary E. Milligan, by her attorneys, Metzger, Wickersham, Knauss & Erb, P.C. and makes answer to the Plaintiff's Complaint with New Matter, as follows: ANSWER TO COMPLAINT 1. The allegations of paragraph 1 are admitted. 2. The allegations of paragraph 2 are admitted. 3. The allegations of paragraph 3 are admitted. 4. As pleaded, no answer is required. To the extent an answer is required, the averments set forth in paragraphs 1, 2, and 3 of the Answer to Complaint are incorporated by reference and made part hereof as though the same were herein set forth at length. 5. The allegations of paragraph 5 are admitted. 6. The allegations of paragraph 6 are admitted. 7. The allegations of paragraph 7 are partially admitted and partially denied. It is admitted that some air travel within Europe was supplied by British Airways. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegation that the air travel was supplied by British Airways at a cost of $904.50 and such allegations are therefor denied and proof thereof demanded at the trial of this case. 8. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations of paragraph 8 and such allegations are therefore denied and proof is demanded at the trial of this case. 9. The allegations of paragraph 9 are specifically denied. To the contrary, it is averred that Defendant did not agree to pay for the air travel fees in the amount of $904.50 and did not direct the Plaintiff to charge the entire fee to her AT&T credit card as payment for the same. Defendant was previously informed that the $904.50 was included in the fees she previously paid to Plaintiff. Until subsequently billed by the Plaintiff, Defendant was never apprised of a separate airfare in the amount of $904.50 was owed to British Airways. 10. The allegations of paragraph 10 are partially admitted and partially denied. It is admitted that Defendant utilized air travel as a passenger aboard various European airlines but not British Airways. 11. The allegations of paragraph 11 are partially admitted and partially denied. It is admitted that Defendant utilized air travel as a passenger aboard various European airlines, but not British Airways. It is admitted that Defendant instructed AT&T to reverse the charge to her credit card in the amount of $904.50 for British Airways. it is further averred that Defendant was informed by an agent of the Plaintiff, acting within the scope of her authority that the air travel in Europe was included in and already paid to the Plaintiff. 12. After reasonable investigation Plaintiff is without knowledge or information sufficient to form a belief as to the truth of the allegations sec forth in paragraph 12 and such allegations are therefore denied and proof thereof is demanded a trial. 13. The allegations of paragraph 13 are partially admitted and partially denied. It is admitted that Defendant has failed and refused and continues to fair and refuse to make payment to Plaintiff in the amount of $904.50. It is denied that any balance, plus interest is owed to the Plaintiff. WHEREFORE, Defendant demands that the Complaint be dismissed and that judgment be entered against the Plaintiff, together with Defendant's attorney's fees and costs of suit. 14. As pleaded, there is no answer required to paragraph 14. To the extent an answer is required, the averments set forth in paragraph 1, 2 and including 13 of the Answer to Complaint are incorporated herein by reference and made part hereof as though the same were herein set forth at length. 15. The allegations of paragraph 15 are partially admitted and partially denied. To the contrary, Defendant purchased air travel as part of the cost of the vacation. There were no specific directions that airfare be furnished by British Airways. Plaintiff arranged whatever air travel was involved. 16. The allegations of paragraph 16 are partially admitted and partially denied. It is admitted that Defendant utilized and enjoyed the benefit if air travel. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegation "... the benefit of the air travel referred to above" and such allegations are therefore denied and proof thereof is demanded at trial. The complaint is confusing as to which air travel is involved. 17. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations of paragraph 17, and such allegations are therefore denied and proof thereof is demanded at trial of this case. 18. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations of paragraph 18, and such allegations are therefore denied and proof thereof is demanded at trial of this case. Further, Defendant was informed by an agent of Plaintiff, acting within the scope of her employment that the cost of all air travel was already paid for and included in the payments Defendant made to the Plaintiff. 19. The allegations of paragraph 19 are specifically denied. To the contrary, it is averred that the Defendant has not been unjustly enriched in any amount. WHEREFORE, Defendant, Mary E. Milligan, demands that the Complaint be dismissed and that judgment be entered against the Plaintiff, together with her attorney's fees and costs of suit. NEW MATTER 20. Paragraphs 1 through 20 of Defendant's Answer are incorporated herein as if set forth at length. 21. A representative of the Plaintiff, acting within the scope of her employment, told Defendant that the cost of air travel provided by British Airways was included in the amount which she already paid to the Plaintiff. WHEREFORE, Defendant, Mary E. Milligan, demands that the Complaint be dismissed and that a judgment be entered against the Plaintiff, together with attorney's fees and costs of suit. Respectfully submitted, METZGER, WICKERSHAM, KNAUSS & ERB By: AIiA Robert E. Ce er, Esquire Attorney f ary E. Milligan I.D. No. 06861 P.O. Box 5300 Harrisburg, PA 17108-5300 (717) 238-8187 Dated: June 22 , 1999 VERIFICATION The undersigned, Mary E. Milligan, Defendant, certifies that the facts forth in the foregoing Answer with New Matter are true and correct to the best of her knowledge, information and belief, and further states that any false statements made herein are made subject to the penalties of 18 PA.C.S.A. Section 4904, (relating to unsworn falsifications to authorities). MaAa (-en' an Mar E. ?Iig - ' / - Dated: Juned3, 1999 CERTIFICATE OF SERVICE I, Robert E. Yetter, Esquire, of the law firm of Metzger, Wickersham, Knauss & Erb, P.C. hereby certify that on this date a true and correct copy of the foregoing Answer and New Matter, postage prepaid, deposited at Harrisburg, PA upon counsel for Plaintiff, addressed as follows: William H. Dinkel, Esquire 2201 Columbia Avenue Lancaster, PA 17603 Icy Robert E. Ye er, Esquire Dated June a4 , 1999 .- ;. _. ;1: ,: ... : _ '. ; ? -. - 1:_ [+? C. , L ? C_i ?n ? v b ? C ya -- C J. C ? ? 7 y 2 ? ? ? ? " 7 b S T. ,n ?Y ,fit: u w ? E :? - m L y ? s 'n ?,. - _? 2 ____.___-_ ?? ^ N C U? ?1 ._ _ ?y IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW WORLDWIDE TRAVEL, INC., Plaintiff Vs. NO. 99-3018 Civil Term MARY E. MILLIGAN, Defendant PLAINTIFF'S ANSWER TO NEW MATTER OF DEFENDANT 20. Paragraphs 1 through 19 of Plaintiff's Complaint are incorporated herein as if set forth at length. 21. Denied. It is expressly denied that any representative of Plaintiff acting within the scope of employment told the Defendant that the cost of air travel provided by British Airways was included in the amount already paid to Plaintiff. To the contrary, Plaintiff, through its authorized representative, expressly informed Defendant that the cost of the air travel provided by British Airways would be in addition to the amount already paid to Plaintiff. ?ff I' WHEREFORE, Plaintiff demands judgment against Defendant in the amount of nine hundred four and 50/100 ($904.50) dollars, plus interest which continues to accrue, and the costs of maintaining this action. Respectfylly Submitted, William/H. Dinkel AttornAv At Law William H. &inkel I.D.#52805 Attorney for Plaintiff 2201 Columbia Avenue Lancaster, PA 17603 (717) 397-1222 07/06/1999 10:35 717-397-2722 CENTURY 21 AMGD VEPITFICATION PAGE 12 I, Paul McMurtrie, hereby verify that I am an adult individual authorized to make this verification, and O+us(NeR-td ue? fu ? 6k?t that the statements contained in the herein C mpla"t are true and correct to the best of my knowledge, information, and belief. I understand that false statements therein are made subject to the penalties of 18 Pa.C.S.A. 54904 relating to unsworn falsification to authorities. Dated: '71L(V -A6?1 ?/ffl Paul McMurtrie CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing, PLAINTIFF'S ANSWER TO NEW MATTER OF DEFENDANT was duly served upon the following by depositing the same in the United States mail, certified return receipt requested, postage prepaid, in Lancaster, Pennsylvania on this ?'?--day of July, 1999 and addressed as follows: Robert E. Yetter, Esq. P.O. Box 5300 Harrisburg, PA 17108-530 By: ? .? William H. 2429inkel, Esquire Attorney I.D. #52805 2201 Columbia Avenue Lancaster, PA 17603 Attorney for Plaintiff 7? :ij L Lid -A Ot li ^.] lL111 lL U Vrn Un 5 -------- ------------- --------- -------- 0 r °° ? F o, o! r ro Y Z? o w W ? C . ? '? ? E Slvl cJ ? d a ? Cd G N? o _ o N r2. S1 u N 3 4.1 tl E o d b G U h N N y C o 2 ti 3 COMMOINVIALTN OF PENNSYLVANIA COURY OF COMMON PLEAS JUDICIAL DISTRICT NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT COMMONPLIASNo CJ(J-. NOTICE OF APPEAL Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the District Justice on the date and in the case mentioned belay. CV 19 Iy IT 19 t,. w rPd ONLY when this notation is required under Po. 1008A This Notice of Appeal, when received by the District Justice, will operate SUPERSEDEAS to the judgment for possession in this case Signature of Prothonotary or Deputy if appellaht was IMANT (see Pa. R.C.P.J.P. No. 1001(6) irl acti before District Justice, he MUST FILE A COMPLAINT within twenty (20) days after filing his NOTICE of APPEAL. PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of form to be used ONLY when appellant was DEFENDANT (see Pa. R.C.P.JP. No. 1001(7) in action before District Justice. IF NOT USED, detach from copy of notice of appeal to be served upon appellee). PRAECIPE: To Enter rule upi appellee(s), to file a complaint in this appeal (Common Pleas No Qq- 3,e, D J: x'l It 2 1 within twenty (20) days after vice of rule or uf? a trof 'ud tmmf of non pros of epp tans atlamey a++9e? RULE: To t"_L! appellee(s). Nerre Of eppellerysl (1) You are ratified that a rule is hereby entered upon you to file a complaint in this appeal within twenty (20) days after the date of service of this rule upon you by personal service or by certified or registered mail (2) If you do not file a complaint within this time, a JUDGMENT OF NON PROS WILL BE ENTERED AGAINST YOU. (3) The date of service of this rule if service was by mail is the date of mailing Date: txa-S?/???9 ? , 19 S?preaie d Rdnaw a 1? ' AoPCW-W COURT FILE TO BE FILED WITH PROTHONOTARY z r U 19" F-5 - C; `•fn W -" C -, ", L 4 r , . 3 o - O CAP U 1 Ob r1i ?l -al u0 saAld%0 UOi9611u WOO Ayl 1UPWO (0 01111 I oprUJ LeM lrnepy;u uioyM oia/oq le0gl0 in omleu613 1 yuegls 1o ejnlou6/g d0 lVa . - SIHl 3W 3Fione a381NOs8nS (INV (03"UIddV) NHOMS .Iola/ay payoella ldlaoa? saapuas 'pew .? (paials!6al) (palplUao) Aq E] aolAlas leuosiod 6q D -gl uo Passalppe sem elny a47 wOgmoi(s)aalleddea47uodnleaddylOaopoNOnogea4ifu!Auedwoooelule!dwaoaalljololndaylpanaoslleyljeglm;put C] i '04wJ84 Pa4oelle ldleoaj s,japuas `lgew (palalslfai) (pa!{lljeo) Aq 0 oolAJaS leuosiod Aq ? -gl uo' (aweu)'aap2dde s4l uodn Pue'olala4 Pa4uelle ldiaoaa slapuaS'112U1(paaalsl6al) (pay!llaa) fq O ao!AAS leuoslad Aq (so(nles /o elep) ! uo u!ajagl Poleuflse ooilsn p ? f loylsl0 a41 uodn --oNseald uowwo0 •le.ddy loeopoN ©41 to .Cdoo e ? ' pan?as i le4l way;e to seams /gaAay I :lIAVOIddtJ j0 AlNnoo VINVAIASNN3d d0 H1IV3MN0WW00 (soxoq e1gepgdde 4oe4j 'leodde to oggou Olg 5ul0I 2131 dV SA VC 101) N31 NIH11M 03111 38 1S00 soNias to load slyl) 1NIdldW00 Slid Ol 3"inu aNV IV3ddV !0 301ION d0 33IA83S AO 10OUd - COMMONWEALTH OF PENNSYLVANIA C:nl 1NTY nF- CUMBERLAND Ma9, 13,61 No.: 09-1-02 DJ NAMQ: Non. ROBERT V. MANLOVE Afters: 1901 STATE STREET CAMP HILL, PA Tampnom: (717) 761-0583 17011-0000 NOTICE OF JUDGMENT/TRANSCRIPT PLAINTIFF: ' CIVIL CASE NAME and ADDRESS rWORLD WIDE TRAVEL 1915 MARKET ST CAMP HILL, PA 17011 L J VS. DEFENDANT: NAME and ADDRESS rMILLIGAN, MARY 1 6 WESTWIDE DR LEMOYNE, PA 17043 MARY MILLIGAN L J 6 WESTWIDE DR DocketNo.: CV-0000075-99 LEMOYNE, PA 17043 Date Filed: 3/04/99 1 S` THIS IS TO NOTIFY YOU THAT: Judgment: FOR PT.ATNmTFF ?X Judgment was entered for: (Name) WORLD WIDE TRAVEL 0 Judgment was entered against: (Name) MTT.T.Tr.AN,, MARY in the amount of $ _ qSq _ nn on: (Date of Judgment) /n74gg 0 Defendants are jointly and severally liable. (Date & Time) ? Damages will be assessed on: This case dismissed without prejudice. Amount of Judgment Subject to Attachment/Act 5 of 1996 $ Levy is stayed for days or ? generally stayed. Objection to levy has been filed and hearing will be held: Amount of Judgment $ 904.50 Judgment Costs $ 54.50 Interest on Judgment $ .00 Attorney Fees $ .00 Total $ 959.00 Post Judgment Credits $ Post Judgment Costs $ Certified Judgment Total --- $ --------- Date: Place: Time: ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONO C {iK OF THE COURT 0 CO ON PLEAS, CIVIL DIVISION. YOU i MUST INCLUDE A COPY OF THI E JUD NT IPT IiM WITH YOUR NOTICE OF APPEAL. r'5I2l99 Date ,n ' 'etnCt Justice this is a True and copy qftryo r ceedings corflaininp'the ju0gmehl.,. Date A.Q. /7. District Justice My commission expires first Monday of January, AOPC 315.99 2000 SEAL 71-.3018 PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This proof of service MUST BE FILED WITHIN TEN (10),DAYS AFTER liting the notice of appeal. Chock applicable bOX05) COMMONWEAL OF PEN r?YL/VAIN//1/?? COUNTY OF_? -YLVA_ ; , AFFIDAVIT: I hereby swearer affirm that I served ? a copy of the Notice of Appeal, Common Pleas No. upon the District Justice designated therein on (date of service) _ , ? by personal service ? by (certified) (registered) mail, sender's' receipt attached hereto, and upon the appellee. (name) _, on ?/ 19 ? by personal service ? by (certified) (registered) mail, sender's receipt attached hereto. lJ .3ndfurtherthatIservedtheRub o ileaC plaint accompanying the above Notice of Appeal upon the appellee(s) to whom the Rule was addressed 19? ? by personal service ? by (certified) (registered) mail, sender's receipt attached her et SWORN?(AFFIRMED) AND SUB . ibED BEFOR ME THI ? C/ DAY F/^!"N nature of alliant S?gnaluro of olnGa! bol fP.N'hom albdmal was m dU TOU of official My commission expires on `mil LD Notarial Sea] ^ ;i m Bonnie L. Snydor, Notary Public t r , r ?n Camp HillBoro, xp u be rlandCoun My Commission Expires July 20, 20ty 02 Member, Penns Mnla Association of Notaries .,rl COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS JUDICIAL DISTRICT NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT COMMON PLEAS N> Y 7 NOTICE OF APPEAL Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the District Justice on the date and in the case mentioned below. Irk •ti,c,? ?i '? ' ? 1.??,V./ /:f /' / ? y / -)7 ? ?? :yi ?% ,Id ,?ltr of QFAFF?U CITY STATE ZP a& L i. l /I 'Y CV 19 /? LT 19 ??', be sinned ONLY when this notation is required under Pa. R.C. 1008B. This Notice of Appeal, when received by the District Justice, will operate as a SUPERSEDEAS to the judgment for possession in this case. If appellant was CLAIMANT (see Pa. R.C.P.J.P. No. 1001(6) in action before District Justice, he MUST FILE A COMPLAINT within twenty (20) days after filing his NOTICE of APPEAL. PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of form to be used ONLY when appellant was DEFENDANT (see Pa. R.C.P.J.P. No. 1001(7) in action before District Justice. IF NOT USED, detach from copy of notice of appeal to be served upon appellee). PRAECIPE: ToPothor,ptary Enter rule upon I/r appellee(s), to file a complainf in this upped . I NCI of appeals) _ tryof judgment of non pros (Comrnon Pleas W22 ? l I 2 within twenty (20) days after service of rule or suffer 74 r SlWWA" Of appeftl r or his attorney ar agent RULEt To oppolee(s). Namo Of appeaes(s) (1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty (20) days after the date of service of this rule upon you by personal service or by certified or registered mail (2) If you do not file a complaint within this time, a JUDGMENT OF NON PROS WILL BE ENTERED AGAINST YOCEf „ (3) The date of service of this rule if service was by mail is the date of mailing. .1 Data: r? _ 19 spat,, of Hasa $10n 312 M COURT FILE Z 353 370 973 uS Postal Service Receipt for Certified Mail No Insurance Coverage Provided. Do not use for International Mall (Se •G , / $ /, yQ WFaa ry Fee ,?? livery Fee -?" pt Showing to ? e Delivered ems' St irgrotNnm, / 0 .? .AArre 0 I.' 4 Z 353 370 973 .` I IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA CIVIL ACTION - LAW WORLDWIDE TRAVEL, INC., PLAINTIFF VS. NO. 99-3018 Civil Term MARY E. MILLIGAN DEFENDANT 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 Amended Complaint and Notice, are served, by entering a written appearance personally or by attorney and filing in writing with the court your defense 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 Amended Complaint or for any other claim or relief requested by the Plaintiff. 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 Court Administrator Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 Telephone: 717-240-6150 li.am Dinkel Attorney at Law I.D. #52805 2201 Columbia Ave. Lancaster, Pennsylvania 17603 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,. PENNSYLVANIA CIVIL ACTION - LAW WORLDWIDE TRAVEL, INC., Plaintiff VS. MARY E. MILLIGAN, Defendant COMPLAINT NO. 99-3018 Civil Term 1. Plaintiff, WorldWide Travel, Inc., is a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with offices located at 191.5 Market Street, Camp Hill, Pennsylvania 17011. 2. Defendant, Mary E. Milligan, is an adult individual residing at 6 Westwind Drive, Lemoyne, Pennsylvania 17043. 3. Plaintiff travel agency is engaged in the business of arranging for and providing travel services to the public. COUNT I 4. The averments of paragraphs 1 through 3 above are incorporated herein by reference. 5. During the Spring months of 1998, Defendant entered Plaintiff's place of business located at 1915 Market Street, Camp Hill, Pennsylvania and requested, directed and instructed-' Plaintiff's agents and employees to arrange certain travel, transportation and hotel accommodations for a trip to Europe. 6. Part of the travel arrangements made at the direction and request of Defendant included air travel within Europe. 7. The air travel referred to in paragraph 6 above was supplied by British Airways at a cost of nine hundred four and 50/100 ($904.50) dollars. 8. Pursuant to the direction and request of Defendant, Plaintiff purchased and paid for the aforesaid air travel from British Airways for the benefit of Defendant. 9. Defendant agreed to pay for the aforesaid air travel fees in the amount of nine hundred four and 50/100 ($904.50) dollars and authorized and directed Plaintiff to charge the entire fee to her AT&T credit card credit card as payment for same. 10. Defendant subsequently utilized the air travel referred to above as a passenger aboard various European airlines. 11. Defendant, after having utilized the air travel referred to above, subsequently instructed AT&T to reverse the charge to her credit card in the amount of nine hundred four and 50/100 ($904.50) dollars for the aforesaid air travel and instructed AT&T to not make payment to Plaintiff for the charge. See Exhibit "A" attached hereto and incorporated herein. 12. The fair and reasonable value of the air travel requested and utilized by Defendant, and the amount agreed to be paid by the Defendant for the air travel, and for which Plaintiff remains unpaid, is nine hundred four and 50/100 ($904.50) dollars. 13. Despite repeated demand, Defendant has failed and refused, and continues to fail and refuse to make payment to Plaintiff in the amount of nine hundred four and 50/100 ($904.50) dollars, the balance owed, plus interest which continues to accrue. WHEREFORE, Plaintiff demands judgment against Defendant in the amount of nine hundred four and 50/100 ($904.50) dollars, plus interest which continues to accrue, and the costs of maintaining this action. COUNT II 14. The averments of paragraphs l through 13 above are incorporated herein by reference. 15. The air travel referred to above was purchased and arranged at the specific direction and request of Defendant. 16. The Defendant utilized and enjoyed the benefit of the air travel referred to above. 17. The fair and reasonable value of the air travel requested and utilized by Defendant, and the amount customarily charged in the industry, and for which Plaintiff remains unpaid, is nine hundred four and 50/100 ($904.50) dollars. 18. The Defendant knew, or reasonably should have known, that the airtravel referred to above was not being supplied on a gratuitous basis and that Plaintiff expected to be paid for the air travel. 19. As a result of the above averments, the Defendant has been unjustly enriched in the amount of nine hundred four and 50/100 ($904.50) dollars. WHEREFORE, Plaintiff demands judgment against Defendant in the amount of nine hundred four and 50/100 ($904.50) dollars, plus interest which continues to accrue, and the costs of maintaining this action. Respectfully Submitted, William. Dinkel Attor Y At Law will-ram WDinkel I.D.#52605 Attorney or Plaintiff 2201 Columbia Avenue Lancaster, PA 17603 (717) 397-1222 EXHIBIT "A" ittu_ 7-99 M01i 1: 11 A.24 TV PPAVcI f'AIdP HILL PA;; 110. 717 379 273E Please return payments to: BRITISH?AIRWAYS 76.20 ASTORIA BOULEVARD JACKSON H6143HTS i NEW YORK, NY 11370 ATTN. PASSENGER REVENUE SECTION Credit Card Control AGENCY DEBIT MEMO MIMOOAte 31-Dec-98 your next aelw tepoll. plassa btduds payment for drs amount awn on the stub below. Delatch Ow stub and forward It with the ort. Pay only the amount shown. If YOU hew InfonneUon %"th urd om wel or raefoe this aharea, note the facts below and return P. I MlMO NO 89801289971 1 i memo Intact to the address Indicated above. NO. 12511 DN OAT4 CC981216 TO DEBIT YOU13 AGENCY: The cardholder denies participation with this ticket charge. Please satisfy the entire amount of this debit memo with an agency check or a new signed and Imprinted UCCCF form. FARE TAX COMMISSION TOTAL OUR COMPUTATION lowI COMPUTATION 0111,11amNet $904.50 DEBIT MEMO VAMO OATS AMOUNT OUP AIRUNF 31-Dec•98 $904.60 IOM AMe1NF INFORMATION eMIY WORLDWIDE TRAVEL 19115 MARKET STREET. OCT 0 5IM jDAW AUT Ur"" QWd Office Box 44183 Jacksonville, FL 32231-4183 September 21, 1998 Nary Milligan Dear Me. Hilligans 4784-5590-0222-4987 CIS: Marchant: BRITISH AIR 1251175647432. Ref Xbrs 74547068211010003801426 Tran Dates 07/28/98 Disp Amts $904.50 Case Hbrs 999999999 Cho Amt: $904.50 Aceti 4784-5590-0222-4987 In response to your request regarding airline transportation, iio have placed the amount into a dispute status while your claim is being investigated. Please complete and sign this letter and return it, along with copies of any other documents related to your dispute, within the next ten (10) days. AT&T Universal Card cannot assist you in resolving your dispute without thin information. If you do not return this letter, we will assume that the charge is correct, remove the charge from dispute status, and close our file. Airline transportation was not reeeived due t?'thn airlinu-s inability to provide services. I expected to use these aervicea on (Please provide a detailed letter and advise who is in possession of the ticketo.) I have not received the airline tickets which I purchased by mail or phone order. I expected to use these services on V? I contacted the merchant on The merchant said AN I.did noct?make or authorize this airline charge. DATE O!, 2 71SIGHA? The ATAT lbsforrad Cord b issued by Columbus Hank Q Must Company, P.O. Box 2687. Columbus. OA 31 hoe rsvem side for unponant hnfa matron. WWI I rt;??r r I S k• S i• `rAll. fr't° ky, Tit' Z1:11 11014 6-L -Nt1t ;x1 r r e8`F. fah JUN- 7-99.0 1!:si ?M I •?.• ?W 7FAVEL CAMP Elll FAX V. 717 375 2738 Card services Your Ref. 13149912 Our Ref: 00001.7111 MS C RUHRKRAUT BRITISH AIRWAYS 75.20 ASTORIA BOULEVARD JACKSON HEIGHTS NEW YORK 11370 USA 2 International Merchant Services Chargeback Section Leeds Card Centre PO Box HKIS Arlington Bu$hM Contra Maahaw Park Lana Loads LSI I OTA flUl m Oki !i.i,. T irttl ............................. Contact: Supervisor - Allllne Department: IMS Helpdcskr Dsit: 06 Nov 98 T[ R EB&% Reference Batch Cardholder Processing Date Transaction Date Transaction Typo Tramu doe WAmount Crediting Ccy/Amount C hargeback Amount Transaction Refereaoo Ticket Chugeback Reason Rarponao Roquired By Other Information 74547069211010003801426 10905 4784$59002224987 30 Jul 98 28 Jul 98 punch= USD 904.50 USD 904,50 USD 904,50 907410010000760 12511756474324 Invalid T & B Transactian 27 Nov 96 Code 23 The cardholder denies paWcipatortplase. advise your ageat provide a signed imprinted voucher or acocpt the eharga. A ehargoback has been reccivod from the cardholders bank, regarding the above disputed uamcdoo• Unlus documentadon/(nforatation is received rtom yourseives that Hillrcruody the Ctimtebaick within 21 days from date of this letter. I will ttave to alt MIlve other than to deduct the amount in question from your text avaitabis processing credit Pleue tmv= that any documentation seat le accompanlod by a copy of this toter, with any relevant eeetru"La beleg Included In the'Merclmm Response section below. If you require any further assluance, plisse contact this omce quoting our «Iereoce above. bwtrhbovd, •44 1132raa501 M rI : Fs SI 9441132ra WU Telex; 6a6102RWSCSLt VERIFICATION I, James Pappas, President of Worldwide Travel, Inc., hereby verify that I am an adult individual authorized to make this Verification, and that the statements contained in the herein Complaint are true and correct to the best of my knowledge, information, and belief. I understand that false statements therein are made subject to the penalties of 18 Pa.C.S.A. §4904 relating to unsworn falsification to authorities. Dated: June 07, 1999 ?•.. Jar Ws Pappas CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing, PLAINTIFF'S COMPLAINT was duly served upon the following by depositing the same in the United States mail, certified return receipt requested, postage prepaid, in Lancaster, Pennsylvania on this 07 day of June, 1999 and addressed as follows: Mary E. Milligan G Westwind Drive Lemoyne PA 17043 Wilriam H-*SDinkel, Esquire Attorney I.D. #52805 2201 Columbia Avenue Lancaster, PA 17G03 Attorney for Plaintiff >- icy 4J O Q cJ on m U 0 r tl ro < n. U'Y ? h tl o a, tic a w N r d ? Q ? o ? 07 N o •? C S 1 C ' v acs 2V aQ n NNk tl • ? C ?! E 0 0b r N •4 C cl C h r a tla tl r b ? 3 V W E ? b C V C r U h O tl 3 i? C