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Home My WebLink About03-5081DICKINSON COLLEGE, Plaintiff DWYNE T. SHOEMAKER, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. OZ -3"o 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 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 Date: September 24, 2003 BYDa~ I.D. Number 87326 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff &O~O DICKINSON COLLEGE, Plaintiff DWYNE T. SHOEMAKER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 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 Dwyne T. Shoemaker is an adult individual with a last known address of 131 Timber Lane, Shippensburg, Cumberland County, Pennsylvania 17257. 3. On or about December 5, 1996, Defendant entered into a Promissory Note - Federal Perkins Loan Program (Note #1) with Plaintiff. A copy of Note gl is attached hereto as Exhibit "A." 4. Note #1 provided for the financing of $2,000.00, plus interest and costs by Defendant on his own behalf, for educational services and benefits at Plaintiff's institution. 5. Note gl was created under Part E of Title IV of the Higher Education Act of 1965 as amended, (hereinatter the "Act") and is 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 gl is $2,000.00. 8. Note #1 grants Plaintiff reasonable collection and attorneys' fees which Plaintiff has calculated to be $500.00. 9. As of September 3, 2003, the principal and interest due and payable by Defendant to Plaintiff was $1,241.27, plus interest accruing thereafter at $. 16 per day. 10, On September 3, 2002, the outstanding balance of $1,241.27 represented the total and actual overdue value of the financing provided to Defendant under Note #1 for which Defendant has yet to pay. ll. Note #1. Plaintiff has fulfilled, performed and complied with all obligations and conditions of COUNT I BREACH OF CONTRACT 12. Plaintiff hereby incorporates by reference the averments contained in Paragraphs 1 through 11 of tiffs Complaint. 13, Defendant breached the expressed and implied obligations, conditions and terms of agreement of Note #1 by falling to pay the amounts financed therein. WHEREFORE,. Plalntiffdemands judgment aga'mst Defendant in the amount of $1,241.27, plus interest accruing thereat~ter at $.16 per day, collection and attorneys' fees in the amount of $500.00 and costs of suit. COUNT II 1N OUANTUM 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 September 3, 2003, the total amount by which Defendant hadbecome enriched was $1,241.27, with interest accruing thereafter at $. 16 per day. WHEREFORE, Plaintiffdemands judgment against Defendant in the amount of $1,241.27, plus interest accruing at $.16 per day fiom September 3, 2003, collection and attorneys' fees in the amount of $500.00 and costs of suit. ID. Number 87326 Ten East High Street Carlisle, PA 17013-3093 (717) 243-3341 Attorneys for Plaintiff Date: September 24, 2003 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 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 unswom falsification to authorities, which provides that if I knowingly make false averments, I may be subject to criminal penalties. Dickinson College ,~hs~sistant Treasurer o~ Dickin.~n College Dated: SHERIFF'S RETURN - NOT FOUND CASE NO: 2003-05081 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND DICKINSON COLLEGE VS SHOEMAKER DWYNE T R. Thomas Kline duly sworn according to law, inquiry for the within named DEFENDANT SHOEMAKER DWYNE T unable to locate Him COMPLAINT & NOTICE ,Sheriff or Deputy Sheriff, who being says, that he made a diligent search and in his bailiwick. but was He therefore returns the the within named DEFENDANT 131 TIMBER LANE SHIPPENSBURG, PA 17257 , NOT FOUND , SHOEMAKER DWYNE T DEFENDANT HAS NOT BEEN AT GIVEN ADDRESS FOR OVER A YEAR. as to Sheriff's Costs: Docketing 18.00 Service 13.80 Not Found 5.00 Surcharge 10.00 .00 46.80 / R. Thomas Kline Sheriff of Cumberland County MDW&O 09/30/2003 Sworn and subscribed to before me this ~i~ day of~.~ ProthOnotary · DICKINSON COLLEGE, Plaintiff DWYNE T. SHOEMAKER, Defendant IN THE COURT OF COMMON PLEAS OF CLrMBERLAND COUNTY, PENNSYLVANIA NO. OS CIVIL ACTION-LAW JURY TRIAL OF TWELVE DEMANDED PRAECIPE Please reinstate the attached Complaint against Dwyne T. Shoemaker in the above-captioned action and forward same to the Delaware County Sheriff for service at 49-1 Revere Road, Drexel Hill, PA 19026. David R. Galloway, Esqlx~re I. D. Number 8726, Ten East High Street Carlisle, PA 17013 (717) 243-3341 & OTTO Date: August 26, 2004 Attorneys for Plaintiff SHERIFF'S RETURN CASE NO: 2003-05081 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DICKINSON COLLEGE VS SHOEMAKER DWYNE T OUT OF COUNTY R. Thomas Kline duly sworn according to law, and inquiry for the within named DEFENDANT , SHOEMAKER DWYNE T but was unable to locate Him in his bailiwick. deputized the sheriff of DELAWARE 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 September 20th , 2004 , attached return from DELAWARE Sheriff's Costs: Docketing 18000 Out of County 9.00 Surcharge 10.00 Dep Delaware Co 34.55 .00 71.55 09/20/2004 MDW&O Sworn and subscribed to before me this ~2.~t day of ~2~V A.D. Prothonotary this office was in receipt of the So answers R. Thomas Kline Sheriff of Cumberland County In The Court of Common Pleas of Cumberland County, Pennsylvania Dickinson Colleg~ VS. Dwyne T. Sh°emaker 03-5081 civil- - NO. Now, August 27, 2004 hereby deputize the Sheriff of deputation being made at the request and risk of the Plaintiff. , I, SHERIFF OF CUMBERLAND COUNTY, PA, do Delaware Courlty to execute this Writ, this Now, within Affidavit of Service ,20 ,at o'clock M. served the upon at by handing to a and made known to copy of the original the contents thereof. So arlswers, Sworn and subscribed before me this __ day of ,20__ Sheriff of County, PA COSTS SERVICE MILEAGE AFFIDAVIT R. THOMAS KLINE Sheriff EDWARD L SCHORPP Solicitor OFFICE OF THE SHERIFF One Courthouse Square Carlisle, Pennsylvania 17013 RONNY R. ANDERSON Chief Deputy JODY S. SMI~FH Real Estate Deputy TO: Hon. Joselmh McGinn Delaware County Sheriff DD. ar Sheriff: Dickinson' College VS Dwyne T. Shoemaker 03-5081 civil ~ Enclosed please find Notice and cOmPlaint, reinstated to be served upon in your County. Kindly make service thereof and send us your return of service. · ,-, · ,../n . ~.,/J,k~,o=~ rai~, s~ DICKINSON COLLEGE, Plaintiff V. DWYNE T. SHOEMAKER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 0 $-~[3~{ I CIVIL ACTION-LAW JURY TRIAL OF TWELVE DEMANDED PRAECIPE Please reinstate the attached Complaint against Dwyne T. Shoemaker in the above-captioned action and forward same to the Delaware County Sheriff for service at 49-1 Revere Road, Drexel Hill, PA 19026. Date: October 7, 2004 David R. Gallow~ I. D. Number 87326 Ten East High ~t,r~eet Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff F WILES~DATAFILE\DickinsonCollege7619\Collections\Current\ 176 defaultpra Created 1/22/03 2 28 07 PM Re'~4sed: 11/24/04 3.12.51 PM 7619C,176 DICKINSON COLLEGE, Plaintiff V. DWYNE T. SHOEMAKER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND, COUNTY, PENNSYLVANIA No. 03-5081 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 DWYNE T. SHOEMAKER, in the amount of $1,812.95, plus costs of suit and interest from date of judgment as per the Notes attached to the Complaint fi)r 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 November 11, 2004, which date was subsequent to the date default occurred and at least ten (10) days prior to the date of the Praecipe. Dated: November 24, 2004 MARTSON, DEARDORFF, WILLIAMS & OTTO B :~~iD.; .V~u~e~l ~x~, Esquire , Ten East High Streel Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff F:~FI LESXDATAFI LE\DickinsonCollege7619\Collections\Current\ 176 10daynot Created 11/11/04 10.16AM Revised: 11/12/04 9:I2AM 7619CA76 David R. Galloway, Esquire MARTSON DEARDORFF WILLIAMS & OTTO Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff DICKINSON COLLEGE, Plaintiff Vo DWYNE T. SHOEMAKER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-5081 CIVIL ACTION-LAW JURY TRIAL OF TWELVE DEMANDED TO: DWYNE T. SHOEMAKER 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 HIRING 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. Date: November t~, 2004 Cumberland County Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 Telephone:(717) 249-3166 MARTSON DEAI~D, Ot~]~ WILLIAMS & OTTO By ~_~~ ~ .~ David R. Galloway, Esquire i/ I.D. 87326 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff CERTIFICATE OF SERVICE I, Melissa A. Mowery, 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. Dwyne T. Shoemaker 49-1 Revere Road Drexel Hill, PA 19026 MARTSON DEA_RX)ORFF WILLIAMS & OTTO Mehssa A. Mowery Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: November 24, 2004 DICKINSON COLLEGE, · Plaintiff · DWYNE T. SHOEMAKER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLANT) COUNTY, PENNSYLVANIA No. 03-5081 CIVIL ACTION - LAW JURY TRIAL OF TWELVE DEMANDED TO: DWYNE T. SHOEMAKER, DEFENDANT NOTICE OF ENTRY OF DEFAULT JUDGMENT You are hereby notified that on November 24, 2004, the following Judgment was entered against you in the above-captioned case: [I]n the amount of $1,812.95, plus costs of suit and interest from date of judgment as per the Notes attached to the Complaint for Defendant's failure to file an answer to the Complaint. Date: November 24, 2004 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. Dwyne T. Shoemaker 49-1 Revere Road Drexel Hill, PA 19026 SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2003-05081 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DICKINSON COLLEGE VS SHOEMAKER DWYNE T R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: SHOEMAKER DWYNE T but was unable to locate Him in his bailiwick. He therefore deputized the sheriff of DELAWARE County, Pennsylvania, to serve the within COMPLAINT & NOTICE On October 26th , 2004 , this office was in receipt of the attached return from DELAWARE Sheriff's Costs: Docketing Out of County Surcharge Dep Delaware Co 18.00 9.00 10.00 34.50 .00 71.50 10/26/2004 MDW&O ,) So ans~e:;r:'Y----," . _//~~o::/ /. ~/A?'~~/./ -:,,,~- " {-~~/ R. Thomas Kline/ ~ Sheriff of Cumberland County .? / Sworn and subscribed to before me this 1ft>> day o~ dtm& A.D. ~1_()f7AIO'PU/ ~ Prothonotaryi In The Court of Common Pleas of Cumberland County, Pennsylvania Dickinson College VS. Dwyne T. Shoemaker 03-5081 civil No. N October 7. 2004 OW, , I, SHERIFF OF CUMBERLAND COUNTY, P A, do hereby deputize the Sheriff of Delaware County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. .r~~~ Sheriff of Cumberland County, PA at Now, within upon by handing to a / copy of the original 11117/ and made known to the contents thereof. Sheriff of County, PA Sworn and subscribed before ~ .f methis~ayoftf).iJ.. ,20~ LY~a" &~ COSTS SERVICE MILEAGE AFFIDA VIT $ NOTARIAL SEAL KATHLEEN E McCUEN, Notary Public Media Boro, Delaware Counly My CommISsion Expires AprU 7. 2006 $