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Home My WebLink About03-5079DICKINSON COLLEGE, Plaintiff SHAWN A. MATLOCK, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 03- : 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, Permsylvania 17013 Telephone (717) 249-3166 Date: September 24, 2003 MARTSON DE~__.~F WILLIAMS & OTTO By Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff DICKINSON COLLEGE, Plaintiff SHAWN A. MATLOCK, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03- 5'o'7 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 Shawn A. Matlock is an adult individual with a last known address of 104 North 22"d Street, East Orange, New Jersey, 07017. 3. On or about December 13, 1984, Defendant entered into a Promissory Note -National Direct Student Loan Program (Note #1) with Plaintiff for the financing of $850.00 plus interest and costs by Defendant on his own behalf, for educational services and benefits at Plaintiff's institution. A copy of Note #1 is attached hereto as Exhibit "A." 4. On or about November 13, 1985, Defendant entered into mi additional Promissory Note - National Direct Student Loan Program (Note #2) with Plaintiff for the financing of$1000.00, plus interest and costs by Defendant on his own behalf, for educational services and benefits at Plaintiffs institution. A copy of Note #2 is attached hereto as Exhibit "B.' 5. 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. 6. 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. 7. The total principal for Note #1 and Note #2 is $1,850.00. 8. Note #1 and Note #2 grant Plaintiffreasonable collection and attorney's fees which Plaintiffhas calculated to be $583.00. 9. As of August 7, 2003, the principal and interest due and payable by Defendant to Plaintiffwas $3,889.26, plus interest accruing thereafter at $.25 per day. I0. As of August 7, 2003, the outstanding balance of $3,889.26, 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. 11. Plaintiff has fulfilled, performed and complied with all obligations and conditions of Note #1 and Note #2. COUNT I BREAC}I OF CONTRACT 12. Plaintiff hereby incorporates by reference the averments contained in Paragraphs 1 through 11 of this Complaint. 13. Defendant breached the expressed and implied obligations, conditions and terms of agreement of Note #1 and Note #2 by failing to pay the mounts financed therein. WHEREFORE, Plaintiffdemandsjudgrnent against Defendant in the amount of $3,889.26, plus interest accruing at $.25 per day from August 7, 2003, collection and attorneys' fees in the amount of $583.00 and costs of suit. COUNT II IN QUANTUM MERUIT 14. Plaintiff hereby incorporates by reference the averments contained in Paragraphs 1 through 13 of this Complaint. 15. Having requested Plaintiff to loan money, and doing so to the benefit of Defendant, Defendant became liable to Plaintiff for said money. 16. Defendant has been unjustly enriched by accepting said money without paying Plaintiff reasonable compensation therefor. 17. As of August 7, 2003, the total amount by which Defendant has become enriched is $3,889.26, plus interest in the anaount of $.25 per day from August 7, 2003. WHEREFORIE, Plaintiff demands judgment against Defendant Shawn A. Matlock in the amount of $3,889.26, plus interest in the amount 0£$.25 per day from August 7, 2003, collection and attorneys' fees in the amount of $583.00 and costs of suit. MARTSON DEAR~WI~LIAMS & OTTO I.D. Number 87326 Ten East High Street Carlisle, PA 17013 -3093 (717) 243-3341 Attorneys for Plaintiff Date: September 24, 2003 F '84 S '85 DICKINSON COLLEGE CARLISLE, PENNSYLVANIA 17013 PROMIsS6RY NATIONAL DmECr STUDENT LOAN PROCRAM .Y-,~-,.~., .-:'-'-'-'-'-'-'-~-J ]4 7 8 $ociaJ Secur/ty Nomber I ~l f -- ~' 2 - f 5-~ ~ L GENERAL II. INTEREST (A), (B), it) ~ad (D). IlL REPAYMENT F '85 S '86 DICKINSON COLLEGE CARLISLE, PENNSYLVANL~ 17013 PROMIssbRY Nd"ICE NATIONAL DIRECT STUDENT LOAN PROGRAM Shawn Mat lock prom~ to pay to adv~ced to me and endorsed in the Schedule of Adv~ces set forth below. I prorate to pay ~l attorney's fees and other re--na- tion uses a eoHeetion agency, w~eh is subject to the F~ Debt Co~ection Practices Act, I w~ pay those collection costs which do P ...... t add .... /$r, ~ '~'/'~(($tr?et or Box~x~Nfm~be~r,l~i~Y~, ga~te ~f~lp Code) Soci~ Secu~ty Number /~-- ~ ~- ~ ~ ~ ' ' ' ' I. GENERAL 1L INTEREST iA), (B), (C) ~d (D). IlL REPAYMENT EXHIBIT B * .................. ~ VERIFICATION I, THOMAS MEYER, Assistant Treasurer of Dickinson College, acknowledge that l 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 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 unsworn falsification to authorities, which provides that if I knowingly make false averments, I may be subject to criminal penalties. Dickinson College Tho~ '"' ' Assistant Treasurer of Dickinson College Dated: CERTIFICATE OF SERVICE I, Marti Iben, an authorized agent ofMartson Deardorff Williams & Otto, hereby certify that a copy of the foregoing Complaint was served this date by depositing same in the Post Office at Carlisle, PA, Certified Mail/Restricted Delivery, postage prepaid, addressed as follows: Shawn A. Matlock 104 North 22~d Street East Orange, New Jersey 07017 MARTSON~DEARDORFF WILLIAMS & OTTO Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: September 24, 2003 DICKINSON COLLEGE, Plaintiff SHAWN A. MATLOCK, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO, 03- 5079 CIVIL ACTION-LAW : JURY TRIAL OF TWELVE DEMANDED PRAECIPE Please reinstate the attached Complaint against Shawn A. Matlock in the above-captioned action and return same to the undersigned for service. LIAMS & OTTO ID. Number 87326 ~ Ten East High Street Carlisle, PA 17013 (717) 243-3341 Date: December 15, 2003 Attorneys for Plaintiff DICKINSON COLLEGE, Plaintiff SHAWN A. MATLOCK, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03- 5079 CIVIL ACTION-LAW JURY TRIAL OF TWELVE DEMANDED PRAECIPE Please file the attached Affidavit of Service in the above-captioned action. By ~~ire ( Ten East High Street Carlisle, PA 17013 (717) 243-3341 Date: January 15, 2004 Attorneys for Plaintiff HEADQUARTERS FREDERICK COUNTY ENFORCEMENT CENTER 110 Airport Drive East Frederick, MD 21701 301-694-1046 301-694-1527 (Fax) 301-662-7655 (TTY) JUDICIAL OPERATIONS 100 W. Patrick Street Frederick, MD 21701 301-694-2162 301-631-3690 (Fax) FREDERICK COUNTY SHERIFF'S OFFICE JAMES W. HAGY SHERIFF AFFIDAVIT OF SERVICE DETENTION CEN~R 7300 Marcie'$ Choice Lane Frederick, MD 21704 301-694-2550 301-694-2566 (Fax) CENTRAL BOOKING 7300 Marcie's Choice Lane Frederick, MD 21704 301-694-1790 301-694-1791 (Fax) STATE OF MARYLAND COUNTY OF FREDERICK I, Vickv Aneell , A Constable, County of Frederick, State of Maryland, being dully sworn, depose and say that I am a person of suitable age and discretion to serve process, and not a party to the case; that on the 30th day of December , 2003 at 11:48 hours I PERSONALLY SERVED a: Notice, Complaint, Exhibits UPON: Shawn A. Matlock rO ST aV / FREDERICK CO%rNTY, MARYLAND SWORN TO AND SUBSCRIBED before me, this 6th day of January NOTARY I~BLiC BET~/ ~IOLT 2004 MY COMMISSION EXP1RES: April 1, 2005 CERTIFICATE OF SERVICE I, Martha-Anne Iben, an authorized agent of Martson Deardorff Williams & Otto, hereby certify that a copy of the foregoing Praecipe to File Affidavit of Service was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Shawn A. Matlock 2129 Walnut Ridge Court Frederick, MD 21701 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: January 15, 2004 DICKINSON COLLEGE, Plaintiff SHAWN A. MATLOCK, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03- 5079 CIVIL ACTION-LAW JURY TRIAL OF TWELVE DEMANDED PRAECIPE TO TI-IE PROTHONOTARY: Enter default judgment in the above-captioned action in favor of Plaintiff and against Defendant Shawn A. Matlock in the amount of $3,889.26, plus interest from August 7, 2003, in the amount of $46.50, collection and attorneys' fees in the amount of $583.00 for a total of $4,$18.76 plus costs of suit and interest accruing from date of Judgment as per the terms of the Notes attached to the Complaint 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 January 29, 2004, 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 David R. Galloway, Esquire Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff Dated: February 17, 2004 DICK[NSON COLLEGE, Plaintiff SHAWN A. MATLOCK, Defendant TO: SHAWN A. MATLOCK, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-5079 CWIL ACTION-LAW JURY TRIAL OF TWELVE DEMANDED IMPORTANT NOTICE 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 PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT H1RING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 Telephone:(717) 249-3166 OTT(~' BYDawd R ~~''(~r~-. ~... ~ · m,~, ay, Esquire Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: January 29, 2004 Attorneys for Plaintiff U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES PROVIDE FOR INSURANCE-POSTMASTER PS Form 3817, January2001 DICKINSON COLLEGE, Plaintiff SHAWN A. MATLOCK, Defendant TO: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CiVIL ACTION - LAW NO. 03-5079 JURY TRIAL OF TWELVE DEMANDED SHAWN A. MATLOCK, DEFENDANT NOTICE OF ENTRY OF DEFAULT JUDGMENT You are hereby notified that on ,2004, the following Judgment was entered against you in the above-captioned case: [I]n the amount of $3,889.26, plus interest from August 7, 2003, in the amount of $46.50, collection and attorneys' fees in the amount of $583.00 for a total of $4,518.76 plus costs of suit and interest accruing from date of Judgment as per the terms of the Notes attached to the Complaint 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. Shawn A. Matlock 2129 Walnut Ridge Court Frederick, MD 21702 CERTIFICATE OF SERVICE I, Marti lben, an authorized agent of MARTSON DEARDORFF WILLIAMS & 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. Shawn A. Matlock 2129 Walnut Ridge Court Frederick, MD 21702 MARTSON DEARDORFF W1LLIAMS & OTTO Marti ]ben Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: February 17, 2004