Loading...
HomeMy WebLinkAbout03-3264DICKINSON COLLEGE, Plaintiff MICAH G. SAMPSON, Defendants 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 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 fights 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 DEARDOR:F,F WILLIAMS l~av~d R. Galloway, Esquire I.D. No. 87326 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attomeys for Plaintiff &O~O DICKINSON COLLEGE, Plaintiff MICAH G. SAMPSON, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. o& CIVIL ACTION-LAW JURY TRIAL OF TWELVE DEMANDED_ COMPLAINT AND NOW, comes Plaintiff Dickinson College by and through its attomeys, 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 Micah G. Sampson is an adult individual residing at a last known address of 30 Ocean Bay Village, North Topsail Beach, NC 28460. 3. On or about April 15, 1997, Defendant entered into a Promissory Note (Note #1) with Plaintiff. A copy of Note #1 is attached hereto as Exhibit "A." 4. Note #1 provided for the financing of $5,270.00, plus interest and costs by Defendants on their own behalf, for educational services and benefits at Plaintiffs institution. 5. Note #1 grants Plaintiff reasonable collection and attorneys' fees which Pla'mtiff has calculated to be $790.00. 6. As of April 3, 2003, the principal and imerest due and payable by Defendant to Plaintiff was $5,722.77 plus interest accruing thereafter in the amount of $0.87 per day. 7. The outstanding balance of $5,722.77 represents the total and actual overdue value of the financing provided to Defendant under Note #1 for which Defendant has yet to pay. COUNT I BREACH OF CONTRACT 8. Plaintiff hereby incorporates by reference the averments contained in Paragraphs 1 through 7 of th/s Complaint. 9. Plaintiff has fulfilled, performed and complied with all obhgations and conditions of Note#1. 10. Defendant breached the expressed and implied obligations, conditions and terms of agreement of Note #1 failing to pay the amounts financed therein. WHEREFORE, Plaintiff demands judgment against Defendant in the amount of $5,722.77, plus interest in the amount of $0.87 per day, collection and attorneys' fees in the amount of $790.00 and costs of suit. COUNT II IN 0 UANTUM MER UIT 11. Plaintiff hereby incorporates by reference the averments contained in Paragraphs 1 through 10 of this Complaint. 12. Having requested Plaintiff to loan money, and doing so to the benefit of Defendant, Defendant became liable to Plaintiff for said money. 13. Defendant has been unjustly enriched by accepting said money without paying Plaintiff reasonable compensation therefor. 14. As of April 3, 2003, Defendant is liable to Plaintiff and/or has been unjustly enriched in the amount of $5,722.77, plus interest accruing thereafter in the amount of $.87 per day. WHEREFORE, Plaintiffdemands judgment against Defendant in the amount of $5,722.77, plus interest in the amount of $0.87 per day, collection and attorneys' fees in the amount of $790.00 and costs of suit. Date: MARTSON DEARDOIr~ WILLIAMS & OTTO ~Dav~SffR. Galloway I.D. No. 87326 T~ E~t Hi~ S~eet Cmlisle, PA 17013-3093 (717) 243-3341 A~ome~ for Pl~nfiff · ~ ~ Exhibit A DICKINSON COLLEGE CARLISLE, PA 17013-2896 (717) 245-1383 Date: March 28, 1997 I hereby acknowledge receipt from DICKINSON COLLEGE of a loan in the amount of Five Thousand Two Hundred Seventy Dollars ($5,270.00) which is hereby applied on my College account for the Fall 1996 and Spring semester 1997 academic years. I agree to repay Dickinson College according to the following plan: I. Interest Interest shall accrue from the first of the month following the month in which I graduate or cease to ma~culate at Dickinson College, and shall be at the ANNUAL PERCENTAGE RATE OF 6 percent interest on the unpaid balance. Interest will accrue on a dally basis. II. Repayment I promise to repay the principal and the interest which accrues on it over a period beginning six months after the date I graduate or cease to matriculate at Dickinson College. I will repay in equal monthly installments with a minimum monthly payment of $40.00 (which includes both principal and interest), and a maximum repayment period of five years (60 months). I realize that the College is under no obligation to grant deferments during the course of the repayment period. III. Default If I fail to make a scheduled repayment of any installment, the entire unpaid indebtedness including interest due and accrued thereon, plus any applicable penalty charge, will, at the option of Dickinson College, become immediately due and payable. I understand that if I default on my loan repayments that Dickinson College may disclose that I have defaulted, along with other relevant information, to credit bureau organizations. IV. Penalty Charge If I fail to make timely payment of all or any part of a scheduled installment, I promise to pay the charge assessed against me by Dickinson College. No charge may exceed $I.00 for the first month or part of a month by which the installment is late, and $2.00 for each month or part of a month thereafter. I promise to pay all attorney's fees and other reasonable collection costs and charges necessary for the collection of any amount not paid when due. Student ~~~~ Signature . ~ Date Micah Sampson Social Security Number J-5-?- lq - ?/~ ~ EXHIBIT "A" 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: DICKINSON COLLEGE, Plaintiff MICAH G. SAMPSON, Defendants : 1N THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 03-3264 : CIVIL ACTION-LAW : : JURY TRIAL OF TWELVE DEMANDED PRAECIPE TO DOCUMENT SERVICE AND COST OF SERVICE PURSUANT TO THE PENNSYLVANIA LONG ARM STATUTE I hereby certify that a copy of the Complaint was mailed to Micah G. Sampson on September 2, 2003, by certified mail, restricted delivery, return receipt requested. Attached is the Post Office rettma receipt signed and dated September 15, 2003, and a copy of the receipt showing the cost of service was $8.15. MARTSON DE,t~FF WILLIAMS & OTTO David R. Gall.~way, i%~h'ire X I.D. No. 87326 0 Ten East High Street Carlisle, PA 17013-3093 (717) 243-3341 Date: September 22, 2003 Attorneys for Dlaintiff · Complete items 1, 2, and 3. Also complete item 4 if Restricted Delive?y Is desired. · Print your name and sddres~ on the reverse so that we can return the card to yo~. · Attach this card to the back of the mailplsoe, or on the front if space ps,mits. 1. Article Ad~ressecl to: 2. Article Number r ~,vice A. Signature C. D~te of ~ D. Isde~ ? If YES, enter detiv~y address below: [] No [] Insured Mail [] C.O.D. ! 7001~2510 0006 58612 9381 102595-02~M-1035 /. 7 b-" ' CERTIFICATE OF SERVICE I, Marti Iben, an authorized agent ofMartson DeardorffWilliams & Otto, hereby certify that a copy of the foregoing Praeeipe was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Mr. Micah G. Sampson 107 Broadleaf Drive Jacksonville, NC 28546 MARTSON DEi~RDORFF WILLIAMS & OTTO B¥~¢~~ ~ Mm'ti ]be~ Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: September 22, 2003 DICKINSON COLLEGE, Plaintiff MICAH G. SAMPSON, Defendants 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 03-3264 : CIVIL ACTION-LAW : : JURY TRIAL OF TWELVE DEMANDED PRAECIPE TO THEPROTHONOTARY: Enter default judgment in the above-captioned action in favor of Plaintiff and against Defendant in the amount of $5,722.77, plus interest in the amount of $0.87 per day, collection and attorneys' fees in the amount of $790.00 and costs of suit 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 September 2, 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 ~Y David R. Galloway, I.D.Number 87326 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Date: November 12, 2003 Attorneys for Plaintiff DICKINSON COLLEGE, Plaintiff V. MICAH G. SAMPSON, Defendant : 1N THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 03-3264 : CIVIL ACTION-LAW : : JURY TRIAL OF TWELVE DEMANDED NOTICE OF ENTRY OF DEFAULT JUDGMENT You are hereby notified that on November 12, 2003, the following Judgment was entered against you in the above-captioned case: in the amount of $5,722.77, plus interest in the amount of $0.87 per day, collection and attorneys' fees in the amount of $790.00 and costs of suit, 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: Mr. Micah G. Sampson 107 Broadleaf Drive Jacksonville, NC 28546 F:~FILES\DATAF[LE\Dickinson College 7619/DicklnsonCollegeCollectiong7619CxDocuments\191 normal CrEated: 8/5/03 1:27PM Revised: 10114/032:24PM 7619C 191 DICKINSON COLLEGE, Plaintiff MICAH G. SAMPSON, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-3264 CIVIL ACTION-LAW JURY TRIAL OF TWELVE DEMANDED TO: MICAH G. SAMPSON, 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 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 FOLLOWTNG 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: October 14, 2003 MARTSON DEARDORFF WILLIAMS & OTTO By David R. Galloway, Esquire Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff CERTIFICATE OF SERVICE I, Marti Iben, an authorized agent ofMartson DeardorffWilliams & Otto, hereby certify that a copy of the foregoing Notice was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Mr. Micah G. Sampson 107 Broadleaf Drive Jacksonville, NC 28546 MARTSON DEARDORFF WILLIAMS & OTTO BYM~(~~ ~ Ten East High Street Carlisle, PA 17013 (717) 243 -3341 Dated: October 14, 2003 CERTIFICATE OF SERVICE I, Marti Iben, an authorized agent ofMartson DeardorffWilliams & Otto, hereby certify that a copy of the foregoing Praeeipe was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Mr. Micah G. Sampson 107 Broadleaf Drive Jacksonville, NC 28546 MARTSON DEARDORFF WILLIAMS & OTTO BYM(M~i ~- ~ Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: November 12, 2003 F:\F1LES\Clients\7619 Dickinson College\7619.Collections\7619C.Current\76I9C.191 Sampson \7619C.191.pra.4.wpd Christopher E. Rice, Esquire MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW. OFFICES I.D. 90916 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff (' iLED-Oi 'ICE OF THE PROT1HONO TA ,f 20 l li JUL 3 I AA tQ . 23 CUMBERLAND COUNTY PENNSYLVANIA DICKINSON COLLEGE, Plaintiff v. MICAH G. SAMPSON Defendants TO THE PROTHONOTARY: : IN THE COURT OF COMMON PLEAS OF C MBERLAND COUNTY, PENNSYLVANIA VWa 03.3,269 : NO. 12-184 : CIVIL ACTION -LAW : JURY TRIAL OF TWELVE DEMANDED PRAECIPE Please mark the judgment in the above matter satisfied and the action discontinued. Dated: //3//nc MARTSON LAW OFFICES By: Christopher E. Rice, Esquire I.D. Number 90916 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff THIS IS A DEBT COLLECTING FIRM ATTEMPTING TO COLLECT A DEBT FOR DICKINSON COLLEGE. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. s0pd/51/j c#aadoi 36)922,s--- CERTIFICATE OF SERVICE I, Mary M. Price, an authorized agent of MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER, 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: Micah G. Sampson 39 Dawson Drive Fredericksburg, VA 22405-1715 MARTSON LAW OFFICES By Dated: 1/34//!t- ,G),Ake.e; MM. Price T- East High Street Carlisle, PA 17013 (717) 243-3341 THIS IS A DEBT COLLECTING FIRM ATTEMPTING TO COLLECT A DEBT FOR DICKINSON COLLEGE. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.