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Home My WebLink About03-4910DICKINSON COLLEGE, Plaintiff JONATHAN MALZ, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03.qqto ~ 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 fiJrther 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 Dated: September 16, 2003 I. D. Number 87326 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff & OTTO DICKINSON COLLEGE, Plaintiff JONATHAN MALZ, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 0.5- ,-Iqlo ~ 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, (hereinaf~er"Dickinson"), is a Pennsylvania educational institution with its principal offices located in Carlisle, Cumberland County, Pennsylvania 17013. 2. Defendant Jonathan Malz, (hereinafter "Student"), is an adult individual whose last known address is 362 Brookway Road, Merion Station, Montgomery County, Pennsylvania, 19066. below. COUNT I DICKINSON COLLEGE v. JONATHAN MALZ BREACH OF CONTRACT Paragraphs 1 through 2 are incorporated herein by reference as if set forth in full 4. Student opened a Student Receivables Account ("Account") with Dickinson to pay tuition, dining service fees and other educational expenses provided and rendered to Student by Dickinson. A true and correct copy of that Account is incorporated by reference and attached as Exhibit "A." 5. Student, by opening the Account and using the goods and services provided by Dickinson, agreed to pay Dickinson for all charges made to the Account. 6. Student received and accepted all goods and services provided by Dickinson and thereby agreed to payment for said goods and services. 7. The terms of repayment required Student to pay all balances 14 (fourteen) days before the beginning of each semester. 8. Student defaulted on the repayment of the Account by not paying the balance when due. 9. Notices were forwarded to Student informing him/her of his/her default and right to cure such default. Copies ofeach notice, as well as letters from Martson DeardorffWilliams & Otto and Dickinson College, are attached as Exhibit "B". 10. Student failed to cure such defaults. 11. The total amount which is immediately due and payable to Dickinson by Student on the Account is eight thousand, two hundred eleven dollars and seventy-six cents ($8,211.76). WHEREFORE, PlaintiffDickinson College demands judgment against Defendant Jonathan Malz in the sum of eight thousand, two hundred eleven dollars and seventy-six cents ($8,211.76), plus late fees, costs of suit, attorneys' fees and collection costs, and interest t~om date of judgment. COUNT II DICKINSON COLLEGE v. JONATHAN MALZ IN QU,4NTUM MERUIT In the alternative, if this Honorable Court should determine that an express contract between Dickinson and Jonathan Malz 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 Dickinson loaned money to Student, to the benefit of Student, Student became liable to Dickinson for said money. 14. Student was unjustly enriched by accepting said money without paying Dickinson reasonable compensation therefor. 15. The total amount by which Student has become enriched is eight thousand, two hundred eleven dollars and seventy-six cents ($8,211.76). 16. Dickinson demanded payment of the above sums but Student failed and refused to do so. WHEREFORE, PlaintiffDickinson College demandsjudgrnent against Defendant Jonathan Malz in the sm of eight thousand, two hundred eleven dollars and seventy-six cents ($8,211.76), until Jonathan Malz's obligation is paid in full, plus late fees, costs of suit, attorneys' fees and collection costs, and imerest from date of judgment. M~A~_ TSON DEARDO LIAMS & OTTO D~R. Galloway, esquire I. D. Number 87326 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Date: September 16, 2003 Attorneys for Plaintiff FAX: 7] 724~1850 EXHIBIT A STUDENT ACCOUNTS FAX:7172451850 PAGE 8IUDENT ACOOUNYS FAX: 7172451850 PAGE 4 JUL-02-0S WED 09:10 AM STUDENT ACCOUNTS FAX:7172451850 O PAGE EXHIBIT "B" JUL-02-08 WE,D, ?9 10~ ~ STUDENT ACCOUh~TS FAX:TJ72451850 PAC-E 3 § 8 ~ o oo JUL-02-08 WED 09:42 AJ~[ STUDENT ACCOUNTS DICKINSON COLLEGE FAX:717245i850 PAGE Febmary6,2002 Mr Jonathan O. Malz 362 Brookway Rd. Merion, PA 19066 Dear Jonathan O., We note that Jonathan O. 's account has an outstanding balance of $7,853.04 though statements have been sent indicating the balanoe due no payment has yet been received, Please give this matter you prompt attention. We recognize that there may be extenuating circumstances related to work or to travel or perhaps to the mails. Our staff is available at (717) 245-1953 or by email at stuaccts(~diekinson.edu to discuss your account further, il'you would -find that helpful. Please do not hesitate to contact us. Sincerely, Traey Reich Admin/strative Assistant Student Accounts Cc: student file P.O. Box g73 Carlisle Pennsylvania 17013.2896 JUL-02-03 WED 09:41 AY STUDENT ACCOUNTS DICKIN~;ON COLLEGE FA×:7172451850 PAGE 4 March 6, 2002 Mr. Jonathan O, Malz 362 Bmokway Rd. Merion, PA 19066 Dear ~ronathan, On February 6, 2002, we wrote to you conccm/ng your outstanding balance, which is $7,970.84. We haven't heard from you in that regard. We are hopeful that you lack of attention to this outstanding balance is on oversight on your part. Please use the enclosed envelope to forward your payment to the Student Accounts Office or call me at (717) 245-1953 or cmail smaects@dickinson, edu immediately, so that our staffcan assist you in reconciling your account. Sincerely, Tracy Reich Administrative Assistant Student Accounts Cc: strident file P.O, tlox 1773 Carlisle Pennsylvania 1701~-2896 JUL-02-09 WED 09:42 AM STUDENT ACCOUNTS FAX:7172451850 PAGE 6 Subject: Your Student Account Balance Date: Thu, 27 Jun 2002 10:06:03 -0400 From: Thomas Meyer <meyert~dickinson.edu> To: Jonathan Malz <malz3~dickinson.edu> CC: Diane Flevaing <flemingdC~dickinso~x.edu>, Tracy Reich <reich(~dickinson.edu> Your current student account balance is $11,641.76. This includes the summer school ct~arges of $3,430_00 and the $8,21~_76 bad debt write off from previous semesters. Your previous ~alance as well as the summer school charges were supposed to have been paid prior to the start of still permitted to register for summer school classes, since we let you register, we will permit yo~ to complete the course work for session I; however, you will not be able to enroll in any future courses or receive transcripts until your balance is paid in full. Please drop by the Student Accounts Office at your earliest opportunity. Please le~ us know if you have any questions_ I of 1 6~27/02 10:34 AM MAglSON i)EARDOP,~F WILLIAMS TIO MDW i O TEL~I';~ONt: (717) 243-3341 F^CS ~,m.v. (717) 2434850 JOHN B. FOWLER Ill lvo V. O1To 111 GEORGE B. FALLER JR.' C^~L C. RJsc~ July 9, 2003 Mr. Jonathan Malz 362 Brookway Road Merion Station, PA 19066 RE: Our File Number: 7619C. 193 Dear Mr. Malz: We represent Dickinson College, (hereinafter "Dickinson"), in its attempt to collect the unpaid balance on your student account. For your reference, we enclose your account statement showing that on May 9, 2002, Dickinson removed $8,211.76 from your account as "Bad Debt." Dickinson had written to you on numerous occasions reminding you of your obligation to pay this amount. For your reference, we enclose letters dated February 6, 2002; March 6, 2002; April 4, 2002, and an e-mail from Tom Meyer on June 27, 2002: If you are represented in this matter, please forward this letter to your attorney. This letter is to remind you that it is your obligation to repay Dickinson $8,211.76. If you dispute the validity of any portion of this debt, you must do so in writing within thirty (30) days after receiving this letter; please send all correspondence to our attention at the above address. If you do not respond within that time, we will assume the debt is valid. In making this communication, we are advising you this firm is attempting to collect a debt for Dickinson College. Any information gained from this communication will be used for that purpose. Very truly yours, MARTSON DEARDORFF WILLIAMS & OTTO David R. Galloway DRO/cny Enclosures cc: Mr. Thomas B. Meyer 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 unswom falsification to authorities, which provides that if I make knowingly false averments, I may be subject to criminal penalties. Thomas~ ~ SHERIFF'S RETURN CASE NO: 2003-04910 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DICKINSON COLLEGE VS MALZ JONATHAN - OUT OF COUNTY R. Thomas Kline , duly sworn according to law, says, that he made and inquiry for the within named DEFENDANT MALZ JONATHAN but was unable to locate Him in his deputized the sheriff of MONTGOMERY serve the within COMPLAINT & NOTICE Sheriff or Deputy Sheriff a diligent , to wit: who being search and bailiwick. He therefore County, Pennsylvania, to On October 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 10/07/2003 MDW&O Sworn and this ~2[ ~ subscribed to before me day of Prothonotary' this office was in receipt of the So answers-~.._ /~[ ..... . /~...~.L-~ R. Th~omas Klin~ ~ Sheriff of Curaberland County In The Court of Common Pleas of Cumberland County, Pennsylvania Dickinson College VS, Jonathan'Malz' No. 2003-4910 Civil Now, 9/19/03 hereby deputize the Sheriffof Montgomery deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA , I, SHERIFF OF CUMBERLAND COUNTY, PA, do County to execute this Writ, this within upon at by handing to and made known to jq~df Affidavit of Service 5q'f ,200~ ,atO~//) a'clock . copy of the original P~ M. served the the contents thereof. Sworn and subscribed before _ n~e this / d~ay/o)f C) c~ ~ 20 0_~ So answers, SERViCE~.,/ r ' - · MILEAGE AFFIDAVIT R. THOMAS KLINE Sheriff EDWARD L. SCHORPP Solicitor OFFICE OF THE SHERIFF one Cou~house Square Carlisle, Pennsylvania 17013 RONNY R. ANDERSON Chief Deputy JC~ S. SMITH Rea~gstate Deputy TO: Hon. John P. Durante Sheriff of Montgomery Co Courthouse P.O. Box 311 Norristown, PA 19404-0268 De~ S~: 2003-4910 Civil Dickinson College~ vs Jonathon Malz 362 Brookway Road Merion Station, PA 19066 Notice & Complaint Enclosed please find Notice & Complaint ID to be served upon Jonathon /Malz / 362 Brookway Road, Meri~n station, PA 19066 Very truly yours, . ' R. Thomas Kline, Sheriff Cumberland County, Pennsylvania DICKINSON COLLEGE, Plaintiff JONATHAN MALZ, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-4910 CIVIL ACTION-LAW JURY TRIAL OF TWELVE DEMANDED STIPULATION AND AGREEMENT FOR ENTRY OF JUDGMENT AND NOW, comes Plaintiff,. DICKINSON COLLEGE, by and through its attorneys, MARTSON DEARDORFF WILLIAMS & OTTO, and Defendant Jonathan Malz who stipulate and agree as follows: 1. Pa. R.C.P. 1037 (c) provides that in all cases, the Court, on motion of a party, may enter an appropriate judgment against a party upon admission. 2. Defendant agrees and admits that Judgment should be entered against him in favor of Plaintiff in the amount of $8,211.76 plus costs of suit and interest accruing at 6% per annum from date of judgment. 3. The parties agree that the Court, upon motion of Plaintiff, may enter Judgment pursuant to this Stipulation without issuance of a Rule to Show Cause, and without further proceedings or notice. 362 Brookway Road Merion Station, PA 19066 Attorney I.D. No. 87326 Martson Deardorff Williams & Otto Ten East High Street Carlisle, PA 17013-3093 (717) 243-3341 Pro Se Defendant Date: Attorney for Plaintiff Date: CERTIFICATE OF SERVICE I, Martha-Anne Iben, an authorized agent of 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: Jonathan Malz 362 Brookway Road Merion Station, PA 19066 MARTSON DEARDORFF WILLIAMS & OTTO BY Marl h~a. ~e ~ en~ ~g"~~ Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: January 19, 2004 DICKINSON COLLEGE, Plaintiff JONATHAN MALZ, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-4910 CIVIL ACTION-LAW JURY TRIAL OF TWELVE DEMANDED ORDER OF COURT AND NOW, this Z,~V day of _~&wo ?~ .-~., 2004, upon consideration of the attached Stipulation, judgment is hereby entered in favor of Plaintiff Dickinson College and against Defendant Jonathan Malz in the amount of$8,211.76 plus costs of suit and interest accruing at 6% per annum from date of judgment. Prothonotary is directed to enter and index this judgment accordingly. BY THE COURT, ,J. for Plaintiff: v~David R. Galloway, Esquire Ten East High Street Carlisle, PA 17013 Pro Se, Defendant: &.Jonathan Malz 362 Brookway Road Merion Station, PA 19066 F: \FiLES\OA T AFILE\DickmsonCo\lege 1619\Co\\ections\Cllrrent\193, pra I Created 2/8/054'32PM Revised 218/054:36PM 7619CI93 David R. Galloway, Esquire MARTS ON DEARDORFF WILLIAMS & OTTO Ten East High Street Carlisle, PA 17013-3093 (717) 243-3341 Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DICKINSON COLLEGE, Plaintiff v. NO. 03-4910 CIVIL ACTION.LA W JONATHAN MALZ, Defendant JURY TRIAL OF TWELVE DEMANDED PRAECIPE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please mark the judgment in the above-captioned cas" satisfied and issue a certificate reflecting the same. MARTS ON DEARD F WILLIAMS & OTTO BY~~ David R. Galloway, LD. Number 87326 Ten East High Street Carlisle, PA 17013-3093 (717) 243-334 L Attorneys for Plaintiff Date: February 9, 2005 CERTIFICATE OF SERVICE I, Jean Taylor,an authorized agent for Martson DeardorffWlIliams & Otto, hereby certify that a copy of the foregoing Praecipe was served this date by depositing same in the Post Office at Carlisle, P A, first class mail, postage prepaid, addressed as follows: Mr. Jonathan Malz 362 Brookway Road Merlon, P A 19066 MARTSON DEARDORFF.WILLL S & OTTO ~.../ BL-; /l/ -- Jean aylor f! Ten ast High Street CarlIsle, P A 17013 (717) 243-3341 Dated: February 9,2005 <..) ( -----~