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Home My WebLink About03-5082DICKINSON COLLEGE, Plaintiff JENNIFER L. DUNLAP, Defendant 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. o..~ J -b-°~ ~- 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, Pennsylvania 17013 Telephone (717) 249-3166 Date: September 24, 2003 David R. Gallowa I.D. Number 87326 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff RFF WILLIAMS & OTTO ' Esqui~ e DICKINSON COLLEGE, Plaintiff JENNIFER L. DUNLAP, 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 Jennifer L. Dunlap is an adult individual with a last known address of 649 Wildwood, Williamsport, Lycoming County, Pennsylvania, 17701-4402. 3. On or about October 26, 1995, Defendant entered into a Promissory Note - Federal Perkins Loan Program (Note # 1 ) with Plaintiff. A copy of Note # 1 is attached hereto as Exhibit "A." 4. Note # 1 provided for the financing of $1,000.00, plus interest and costs by Defendant on her own behalf, for educational services and benefits at Plaintiff's institution. 5. Note #1 is a fund created under Part E of Title IV of the Higher Education Act of 1965 as amended, (hereinafter 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. The total principal for Note #1 is $1,000.00. Note #1 grants Plaintiff reasonable attorney's fees which Plaintiff has calculated to 8. be $500.00. 9. As of September 3, 2003, the principal and interest due and payable by Defendant to Plaintiff was $892.61 plus interest accruing thereafter at $.10 per day. 10. As of September 3, 2003, the outstanding balance of $892.61 represents the total and actual overdue value of the financing provided to Defendant under Note # 1 for which Defendant has yet to pay. 11. 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 this Complaint. 13. Defendant breached the expressed and implied obligations, conditions and terms of agreement of Note #1 by failing to pay the mount financed therein. WHEREFORE, Plainti ffdemands judgment against Defendant in the amount of $892.61 plus interest accruing at $.10 per day, attorneys' fees in the amount of $500.00 and costs of suit. COUNT II IN 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. The total amount by which Defendant has become enriched is $892.61 plus interest accruing at $.10 per day from September 3, 2003. WHEREFORE, Plaintiff demands judgment against Defendant Jennifer L. Dunlap in the amount of $892.61 plus interest accruing at $.10 per day from September 3, 2003, collection and attorneys' fees in the amount of $500.00 and costs of suit. By ~ David R. Galloway I.D. Number 87326 Ten East High Street Carlisle, PA 17013-3093 ~ (717) 243-3341 Date: September 24, 2003 Attorneys for Plaintiff 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 Dated: SHERI'FF'S CASE NO: 2003-050812 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DICKINSON COLLEGE VS DUNLAP JENNIFER L RETURN - OUT OF COUNTY R0 Thomas Kline duly sworn according to law, and inquiry for the within named DEFENDANT , DUNLAP JENNIFER L but was unable to locate Her in his bailiwick. deputized the sheriff of LYCOMING 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 October 20th , 2003 attached return from LYCOMING Sheriff's Costs: Docketing 18.00 Out of County 9.00 Surcharge 10.00 Dep Lycoming Co 14.50 .00 51.50 10/20/2003 MDW&O Sworn and subscribed to before me this ~3~ day of ~ A.D. Prothonota~r~ · this office was in receipt of the R. Thomas Kline Sheriff of Cumberland County In The Court of Common Pleas of Cumberland County, Pennsylvania Dickinson Colle§e VS, Jennifer L. Dunlap SERVE: s~e No. 03-5082 civil NOW, September 30, 2003 hereby deputize the Sheriff of Lyccming' 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 NOW, within upon at by handing to a and made known"to Affidavit of Service ,20 ,at o'clock M. served the copy of the original So answers, the contents thereof. Sworn and subscribed before me this day of ,20 Sheriff of County, PA COSTS SERVICE MILEAGE AFFIDAVIT ,SHERIFF'S RETURN - NOT SERVED CASE NO: 2003-05082 T COMMONWEALTH OF PENNSYLVANIA COUNTY OF Lycoming DICKINSON COLLEGE VS JENNIFER L DUNLAP Charles T Brewer , Sheriff , according to law, says, that he made a diligent the within named DEFENDANT , to wit: DUNLAP JENNIFER unable to locate Her in his bailiwick. COMPLAINT who being duly sworn search and inquiry for but was He therefore returns the the within named DEFENDANT NOT SERVED , as to , DUNLAP JENNIFER 649 WILDWOOD BLVD WILLIAMSPORT, PA 17701 NOT SERVED NOT KNOWN AT ADDRESS GIVEN PER POST OFFICE. Sheriff's Costs: Docketing 9.00 Service .00 Affidavit 2.50 Surcharge .00 Mileage 3.00 14.50 So answers: Charles T Brewer, Sheriff oo/oo/oooo Sworn and subscribed to before me Notary DICKINSON COLLEGE, Plaintiff' JENNIFER L. DUNLAP, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2003-05082 CIVIL ACTION-LAW JURY TRIAL OF TWELVE DEMANDED PRAECIPE Please reinstate the attached Complaint against Jennifer L. Dunlap, 1654 Andrews Place, Williamsport, PA 17701-4002 and forward to the Cumberland County Sheriff for service. MARTSON DEARDORFF WILLIAMS & OTTO Ten East High Street Carlisle, PA 17013 (717) 243-3341 Date: October 27, 2003 Attorneys for Plaintiff SHERIFF'S RETURN - CASE NO: 2003-05082 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DICKINSON COLLEGE VS DUNLAP JENNIFER L OUT OF COUNTY R. Thomas Kline , duly sworn according to law, says, that he made a diligent and inquiry for the within named DEFENDANT , to wit: DUNLAP JENNIFER L but was unable to locate Her in his bailiwick. deputized the sheriff of LYCOMING County, serve the within COMPLAINT & NOTICE Sheriff or Deputy Sheriff who being search and He therefore Pennsylvania, to On December 8th , 2003 attached return from LYCOMING Sheriff's Costs: Docketing 18.00 Out of County 9.00 Surcharge 10.00 Dep Lycoming Co 23.50 .00 '60.50 12/08/2003 MDW&O Sworn and subscribed to before me this /0 -' day of A.D. Prothonotary this office was in receipt of the So answer~ R. ~homas Kline ~ Sheriff of Cumberland County SHERIFF' S RETURN CASE NO: 2003-05082 T COMMONWEALTH OF PENNSYLVANIA: COUNTY OF Lycoming DICKINSON COLLEGE VS JENNIFER L DUNLAP - REGULAR JON KEMP County, Pennsylvania, says, the within COMPLAINT DUNLAP JENNIFER DEFENDANT , at 0001:50 Hour, on the at 1654 ANDREWS PLACE WILLIAMSPORT, PA 17701 PERSONALLY a true and attested copy of COMPLAINT ,Sheriff or Deputy Sheriff of Lycoming who being duly sworn according to law, was served upon 4th day of November by handing to the , 2003 together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge Mileage So Answers: 9.00 2.50 Charles T. Brewer, Sheriff .00 By ~ %/ 3.00 23.50 o0/00/0094¥Depui S rlff 875.00 DE~OSI~-~F~.50 Sworn and subscribed to before me this ~ day of ~C~ RECEIPT FOR DISTRIBUTION OF ADVANCE PAYMENTS HELD In ESCROW Lycomin~ County Pennsylvania 48 W 3rd Street Williamsport PA 17701 Receip~ Date 11/07/2003 Receip~ Time 10:24:03 Receipt No. 21413 DICKINSON COLLEGE (VS) JENNIFER L DUNLAP Case Number Service Info Remarks 2003-05082 T Escrow Transfer Out ~dvanc9 Payment ~al~nce. oral Amount DisuriDute~ 75.00 23.50 CUMBERLAND COUNTY SHERIFF Balance RemaInIn9 51.50 ............................ Distribution ................................. Transaction Description Amount Payee DOCKET/RETURN 9.00 LYCOMING COUNTY TREASURER SERVICE 9.00 LYCOMING COUNTY TREASURER MILEAGE 3.00 LYCOMING COUNTY TREASURER NOTARY FEE 2.50 LYCOMING COUNTY TREASURER Total Amount Distributed 23.50 In The CoUrt of Common Pleas of Cumberland County, Pennsylvania Dickinson Colleue VS. Jennifer Dunlap SERVE: sane No. 03-5082 civil NOW, October 31, 2003 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Lycc~nin'g County to execute this Writ, this deputation being made at the request and risk of the Plaintiff'. Sheriff of Cumberland County, PA NOW, within upon at by handing to a and made known to Affidavit of Service ,20 ,at o'clock copy of the original So answers, M. served the the contents thereof. Sworn and subscribed before me this __ day of ,20__ Sheriffof COSTS SERVICE MILEAGE AFFIDAVIT County, PA R. THOMAS KLINE Sheriff EDWARD L. SCHORPP Solicitor OFFICE OF THE SHERIFF One Cou~house Square Carlisle, Pennsylvania 17013 RONNY R. ANDERSON Chief Deputy JODY S. SMITH Real Estate Deputy TO: Hon. Charles Brewer Lyccming County Sheriff Dear Sir: Dickinson College VS Jennifer Dunlap 03-5082 civil Enclosed please fred to be served upon Notice and Complaint Jennifer Dunlap 1654 Andrews Place Williamsport, PA 17701 in your County. ' Kindly make service thereof and send us your return of service. Enclosed is the advance payment which you requested. Very tml~.~s, ' R. Thomas Kline, Sher/ff Cumberland County, Pem~sylvania 'Enclosures: DICKINSON COLLEGE, Plaintiff V. JENNIFER L. DUNLAP, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2003-05082 CIVIL ACTION-LAW JURY TRIAL OF TWELVE DEMANDED TO THEPROTHONOTARY: Enter default judgment in the above-captioned action in favor of Plaintiff and against Defendant in the amount of $829.61 plus interest from September 3, 2003, in the amount of$13.20 and collection and attorneys' fees in the amount of $500.00 for a total of $1,342.81 plus costs of suit and interest accruing from date of Judgment as per 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 December 17, 2003, which date was subsequent to the date default occurred and at least ten (10) days prior to the date of the Praecipe. MARTSON DEARD~,FF WILLIAMS & OTTO B Attorney I,D. No. 87326 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff Dated: January 13, 2004 F \FI LES/DA TA FI LE~DicklnSo n College 7619x o nCollegeCollectlons 7619C/Documents\177 p~ al/n~ai Created: 10/27/03 I1 23AM Revised: 12/17/03 8:58AM 7019C 177 DICKINSON COLLEGE, Plaintiff JENNIFER L. DUNLAP, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2003-05082 CIVIL ACTION-LAW JURY TRIAL OF TWELVE DEMANDED TO: JENNIFER L. DUNLAP 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. Dated: December 16, 2003 Cumberland County Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 Telephone:(717) 249-3166 MARTSON DEARDORFF WILLIAMS & OTTO By David R. Galloway, Esquire Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff DICKINSON COLLEGE, Plaintiff V. JENNIFER L. DUNLAP Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2003-05082 JURY TRIAL OF TWELVE DEMANDED TO: JENNIFER L. DUNLAP, DEFENDANT NOTICE OF ENTRY OF DEFAULT JUDGMENT You are hereby notified that on /q , 2004, the following Judgment was entered against you in the above-captioned case: [I]n the amount of $829.61 plus interest from September 3, 2003, in the amount of $13.20 and collection and attorneys' fees in the amount of $500.00 for a total of $1,342.81 plus costs of suit and interest accruing from date of Judgment as per the Notes attached to the Complaint. Date: Prothonotary [ hereby certify that the name and address of the proper person to receive this notice under Pa. R. Civ. P. 236 is: Jennifer Dunlap 1654 Andrews Place Williamsport, PA 17701 CERTIFICATE OF SERVICE I, Marti Iben, 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: Jennifer Dunlap 1654 Andrews Place Williamsport, PA 17701 MARTSON DEARDORFF WILLIAMS & OTTO Marti lben Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: January 13, 2004