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Home My WebLink About03-5083 F:\fILES\DA T AFILE\Dickinson College 7619\Dicki1\5onCollegeCollections7619CIDocument.'l1 173_com 1 wpdldrg Created: 3/17/039:25:57 PM Revised9/23/039:50:24AM 7619<:.173 v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA NO. 03- :f 0 '6"3 CIVIL ACTION-LAW DICKINSON COLLEGE, Plaintiff MARK T. STEWART and KAROLINE V. STEWART, Defendants 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 PlaintifIs. 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 LIAMS & OTTO Attorneys for Plaintiff Date: September 24, 2003 v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA NO. 03- Sc 'i~ CIVIL ACTION-LAW DICKINSON COLLEGE, Plaintiff MARK T. STEWART and KAROLINE V. STEWART, Defendants JURY TRIAL OF TWEL VB 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, (hereinafter "Dickinson"), 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, Mark T. Stewart, (hereinafter "Parent"), is an adult individual with a last known address ofRR4, Box 276A, Huntingdon, Pennsylvania 16652. 3. Defendant, Karoline V. Stewart, (hereinafter "Student"), is an adult individual with a last known address of513 16th Street, Huntingdon, Huntingdon County, Pennsylvania 16652-9212. 4. On or about November 23, 1998, Parents and Student entered into a Promissory Note (Note #1) with Plaintiff for the financing of$4,681.00, plus interest, for educational services and benefits to Student at Dickinson. A copy of Note #1 is attached hereto as Exhibit "A." 5. On or about March 20,2000, Parents and Student entered into a Promissory Note (Note #2) with Plaintiff for the financing of$4,640.00, plus interest, for educational services and benefits to Student at Dickinson. A copy of Note #2 is attached hereto as Exhibit "B." 6. On or about September 12,2000, Parents and Student entered into a Promissory Note (Note #3) with Plaintifffor the financing of$8,290.00, plus interest, for educational services and benefits to Student at Dickinson. A copy of Note #3 is attached hereto as Exhibit "C." 7. The collective outstanding principle for Note #1, Note #2 and Note 3 is $17,611.00. 8. Note #1, Note #2 and Note 3 grant Dickinson reasonable collection and attorneys' fees which Dickinson has calculated to be $2,641.65. 9. As of September 3, 2003, the principal and interest due and payable by Parent and Student to Plaintiff was $20,473.87 with interest accruing at $2.40 per day. 10. On September 3, 2002, the outstanding balance of$20,473.87 represented the total and actual overdue value of the financing provided to Parent and Student under Note #1, Note #2 and Note #3 for which they have yet to pay. COUNT I BREACH OF CONTRACT Dickinson Colleee v. Mark T. Stewart & Karoline V. Stewart 11. Dickinson hereby incorporates by reference the averments contained in Paragraphs 1 through 10 of this Complaint. 12. Dickinson has fulfilled, performed and complied with all obligations and conditions of Note #1, Note #2 and Note #3 . 13. Parent and Student breached the expressed and implied obligations, conditions and tenns of agreement of Note #1, Note #2 and Note #3 by failing to pay the amounts financed therein. WHEREFORE, Dickinson demands judgment against Parent and Student in the amount of $20,473.87, plus interest in the amount of $2.40 per day from September 3, 2003, collection and attorneys' fees in the amount of $2,641.65 and costs of filing suit. COUNT II IN QUANTUM MERUIT Dickinson ColI~e v. Karoline T. Stewart 14. Dickinson hereby incorporates by reference the avennents contained in Paragraphs 1 through 13 of this Complaint. 15. Having requested Dickinson to loan money, and doing so to the benefit of Student, Student became liable to Dickinson for said money. 16. Student has been unjustly enriched by accepting said money without paying Dickinson reasonable compensation therefor. 17. The total amount by which Student has become enriched is $20,473.87, plus interest in the amount of $2.40 per day from September 3, 2003. WHEREFORE, Plaintiff demands judgment against Student in the amount of$20,473.87, plus interest in the amount of $2.40 per day from September 3, 2003, collection and attorneys' fees in the amount of $2,641.65 and costs of suit. MARTSON DEARDORFF WILLIAMS & OTTO By' baVld R. G I.D. No. 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 unsworn falsification to authorities, which provides that if I knowingly make false averments, r may be subject to criminal penalties. Dickinson College AI- Dated: ~ }- ^ \\ ) - ~ -t )J ,-'" v }.J 'r-' \t, ei' t' \ .- II ;\ ~ g c:.' (~\ ,..) ;;.- ,n .-~\ ,...'1"\ ,. -n ~(I") '~ ./:~:) f:\ (\ 'Z, -). ,..:> ~ t7'~ ).-.- .i- ::.\~:? -(,~ \:) \L\-' -,~ , -;:..\ -:{. --<~C) yC '-0' ;<;., '--:-: ye;, A ~-... -;;:. ,- ':~ ~ 2- 0 SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2003-05083 P COMMONWEALTH OF PE~~SYLVANIA: COUNTY OF CUMBERLAND DICKINSON COLLEGE VS STEWART MARK T ET AL 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: STEWART MARK T but was unable to locate Him in his bailiwick. He therefore deputized the sheriff of HUNTINGDON County, Pennsylvania, to serve the within COMPLAINT & NOTICE On October _ 9th , 2003 , this office was in receipt of the attached return from HUNTINGDON Sheriff's Costs: Docketing Out of County Surcharge Dep Huntingdon Co 18.00 9.00 10.00 34.00 .00 71.00 10/09/2003 MDW&O S~ ~:? R. Thomas Kline Sheriff of Cumberland County Sworn and subscribed to before me this It;':::: day of (JJtfi.-!; ,"_ .JbV-3 A.D. C)'('" .(J .~~ ~ ProthonotarY' SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2003-05083 P COMMONWEALTH OF PE1illSYLVANIA: COUNTY OF CUMBERLAND DICKINSON COLLEGE VS STEWART MARK T ET l\.L 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: STEWART KAROLINE V but was unable to locate Her in his bailiwick. He therefore deputized the sheriff of HUNTINGDON County, Pennsylvania, to serve the within COMPLAINT & NOTICE On October 9th , 2003 , this office was in receipt of the attached return from HUNTINGDON 6.00 .00 10.00 .00 .00 16.00 10/09/2003 MDW&O ~-::-? . ~=--- R. Thomas Kline Sheriff of Cumberland County Sheriff's Costs: Docketing Out of County Surcharge So Sworn and subscribed to before me this /5'!:" day of (/'ct;;J''- .2t'1d A.D. ~~() /~~ ~ prothonot'a!y In The Court of Common Pleas of Cumberland County, Pennsylvania Dickinson college VS. Mark T. Stewart et al SERVE: Mark T. Stewart No. 03-5083 civil Now, September 30, 2003 , I, SHERIFF OF CUMBERLAND COUNTY, P A, do hereby deputize -the Sheriff of Hunting:ion County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. ~()/ ~~ r ~~-<4'''4?'~~ Sheriff of Cumherland County, PA Affidavit of Service Now, ,20_, at o'clock M. served the within upon at by handing to a copy of the original and made known to the contents thereof. So answers, Sheriff of County, PA Sworn and subscribed before me this _ day of 20 '- COSTS SERVICE MILEAGE AFFIDAVIT $ $ Dickinson College VS: Mark T. Stewart NOW, October 3 Notice and Complaint Mark 1. Stewart Rr 4 Box 276A, Huntingdon, PA 16652 SHERIFF'S OFFICE HUNTINGDON COUNTY, PENNSYLVANIA 241 Mifflin Street Huntingdon, PA 16652 Telephone: 814-643-0880 William G. Walters, Sheriff NO. 5083 TERM2003 , 2003 ,AT 0933 A.M.jP.M. I SERVED THE WITHIN UPON AT BY HANDING TO Mark T. Stewart, personally one TRUE AND CORRECT COPY/COPIES OF THE WITHIN Notice and Complaint AND MADE KNOWN TO Mark SWORN AND SUBSCRIBED TO BEFORE ME THIS 10Y). DAY OF CCc.!rl:Mu 20& , A.D. \.1~1CtuR:) ~IlU[UTAK'i(t~O'l'ARY PUBLIC! I Notarial Seal Tammy S. Coon.. Notary Public Huntingdon Boro. Huntingdon County My Commission Expires _ Oct. 21, 2006 MeMber, pennsylvaniaAssodatlOnOfNotartes THE CONTENTS THEREOF. SO ANSWERS, $~6/U~ WILLIAM G. WALTERS, SHERIFF Deputy Christopher K. Skipper d 7.-e CHIEF DEPUTY/DEPUTY COSTS: REC & DOC . . . SERVICE . . . . MILEAGE/POSTAGE SURCHARGE . . AFFIDAVIT . . MISCELLANEOUS $9.00 $15.00 $4.00 $6.00 TOTAL COSTS $34.00 Paid 10/03 In The Court of Common Pleas of Cumberland County, Pennsylvania Dickinson college VS. Mark T. Stewart et al SERVE: Karoline V. StE~art No. 03-5083 civil Now, September 30, 2003 , I, SHERIFF OF CUMBERLAND COUNTY, P A, do hereby deputize the Sheriff of Huntingjon County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. .r~-<..~ Sheriff of Cum berland County, P A Affidavit of Service Now, ,20_, at o'clock M. served the within upon at by handing to a copy of the original and made known to the contents thereof. So answers, Sheriff of County, PA Sworn and subscribed before me this _ day of ,20_ COSTS SERVICE MILEAGE AFFIDA VIT $ $ SHERIFF'S OFFICE HUNTINGDON COUNTY, PENNSYLVANIA 241 Mifflin Street Huntingdon, PA 16652 Telephone: 814-643-0880 William G. Walters, Sheriff Dickinson College NO. 5083 TERM2003 VS: Karoline V. Stewart NOW, October 3 , 2003 ,AT 0920 A.M./P.M. I SERVED THE WITHIN Notice and Complaint UPON Karoline V. Stewart AT 513 6th Street, Huntingdon, PA 16652 BY HANDING TO Mary Anne Stewart, mother one TRUE AND CORRECT COPY/COPIES OF THE WITHIN Notice and Complaint AND MADE KNOWN TO Mary Anne THE CONTENTS THEREOF. SWORN AND SUBSCF,JBED TO BEFORE ME THIS t?~ DAY OF (DJ'JclM {;;&O ~Qi A.D. '~ tYtJt~~ PI< t10\'G-(NO'l'AKY P~y SO ANSWERS, jt/~&:/U~ WILLIAM G. WALTERS, SHERIFF Deputy Christopher K. Skipper d} r{!r CHIEF DEPUTY/DEPUT~ 11 Notarial Seal ammy s. Coons N HUntingdon Boro ft.' ?tary PUbJjl~ My Commission E' .untlngdon COUnty Xplres Oct 21 2006 Member. Penn.... ..' 7.vamaAssoclaffcn of Notaries COSTS: REC & DOC . . . SERVICE . . . . MILEAGE/POSTAGE SURCHARGE . . AFFIDAVIT . . MISCELLANEOUS See First Entry TOTAL COSTS See First Entry Paid 10103 F:\FILESIDATAFILEIDickinson College 7619IDickinsonCollegeCollections7619CICwTemI173.pra3\drg Created: 10/14/03 1:28PM Revised: l/28/049:3IAM 7619C.173 DICKINSON COLLEGE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 03-5083 CIVIL ACTION-LAW MARK T. STEWART and KAROLINE V. STEWART, Defendants JURY TRIAL OF TWELVE DEMANDED PRAECIPE TO THE PROTHONOTARY: Enter default judgment in the above-captioned action in favor of Plaintiff and against Defendants in the amount of $20,473.87 plus interest from September 3, 2003, in the amount of $571.20 and attorneys' fees in the amount of $2,641.65 for a total of$23,228.32 plus costs of suit and interest accruing as per the Notes attached to the Complaint for Defendants' 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 Defendants at the address indicated hereon, on December 18, 2003 and January 8, 2004, which date was subsequent to the date default occurred and at least ten (10) days prior to the date of the Praecipe. MARTS ON, DEARDORFF, WILLIAMS & OTTO By .~ Davl . G"iirfoway Attorney J.D. No. 87326 Ten East High Street Carlisle, P A 17013 (717) 243-3341 Attorneys for Plaintiff Dated: January 28, 2004 !~ @1 @ (Q) !':\F1LES\DA TAFILE\Dickinson Cllllegc 76] 9\DickinstlllCollegcCoIIeCI;Olls7619CICun'cnt\173.pra2 Created: 12/18/0J 844AM Revised: 1/28/04 I015AM DICKINSON COLLEGE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v. NO. 03-5083 CIVIL ACTION-LAW MARK T. STEWART and KAROLINE V. STEWART, Defendants JURY TRIAL OF TWELVE DEMANDED TO: KAROLINE V. STEWART, Defendant IMPORT ANT 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 MAYBE 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 MAYBE 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:(7l7) 249-3166 WILLIAMS & OTTO BY~~ David ~~ay, Esquire Ten East High Street Carlisle, P A 17013 (717) 243-3341 Dated: December 18, 2003 Attorneys for Plaintiff 1'. IFILESIDA TAFIl.EIO;ckinSOI1 Colkgc 76 i ~illsllnCl)lkgc('o]leclio"s761 'JC\('ulTtlltll 7~.rl()t] Cn~ated, 1/8/04 II.lIAM R:evised: 1/8/04 11:13AM DICKINSON COLLEGE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 03-5083 CIVIL ACTION-LAW MARK T. STEWART and KAROLINE V. STEWART, Defendants JURY TRIAL OF TWELVE DEMANDED TO: KAROLINE V. STEWART, Defendant 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 MAYBE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORT ANT 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 MAYBE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGffiLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, P A 17013 Te1ephone:(717) 249-3166 MARTS ON DEARDO ~ @S @ @ Dated: January 8, 2004 /"'-"'1.1 BYj..~1 " David R. Galloway, Esquire Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff u.s. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL. DOES NOT PROVIDE FOR INSURANCE-POSTMASTER ~<~ "~ ." "~ HI (Je.~ /75.t. g c c Ma..~ &o..Jlm(P lfJ.[(~< ;, ur/o f ~ E<>.sf f..(;;,t-.- <;;fvd- -,-- C~Gd",-. fJ/- 1'70,<, One piece of ordinary mail addressed to: .;;.t ,,.'_.~ - - c... n c -;,-~ :. _ ~ :0 :0 . Ms. Ka...volll1"-. V Shwarr, . Z._F',,!" , -- Q.."J......J:> "-/"7 /R ~ -I-- . OIl ",0",_-0 ~..J -.J lCl ~ r Y<"el '.O<>'~. .;:;r:;:;::JSl f-J"-"I.""1d"" pJi- /ik'd-9;;J2-,':" ~ 'B ~ ) , m Received From: PS Form 3817. January 2001 DICKINSON COLLEGE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 03-5083 CIVIL ACTION-LAW MARK T. STEWART and KAROLINE V. STEWART, Defendants JURY TRIAL OF TWELVE DEMANDED TO: MARK T. STEWART and KAROLINE V. STEWART, DEFENDANTS NOTICE OF ENTRY OF DEFAUL T JUDGMENT You are hereby notified that on the _ day of ,2004, the following Judgment was entered against you in the above-captioned case: [I]n the amount of $20,473.87 plus interest from September 3, 2003, in the amount of$571.20 and attorneys' fees in the amount of$2,641.65 for a total of $23,228.32 plus costs of suit and interest accruing as per the Notes attached to the Complaint for Defendants' 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: Mark T. Stewart RR4 Box 276A Huntingdon, PA 16652 Karoline V. Stewart 513 6th Street Huntingdon, PA 16652 CERTIFICATE OF SERVICE I, Marti Then, an authorized agent of MARTSON DEARDORFF WILLIAMS & OTTO, hereby certify that a copy ofthe 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: Mark T. Stewart RR4 Box 276A Huntingdon, PA 16652-9212 Karoline V. Stewart 513 6th Street Huntingdon, PA 16652-9212 MARTSON DEARDORFF WILLIAMS & OTTO .[---vi WI: ~ JlrU/ Marti ~~n Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: January 28,2004 ""b ~ '( t ~C\ l .... -\tt , '- ~ f'. )oJ -l\ ',j \ {S o ...., ~ ~ ~ !rr j <-. ~ ..; >- .' - .... t;-: - -" __" N =R!:;:; !<c; CO (30 ~O -U :r~ ~O =z O:!J ~c: .r:- ZFtJ .. 0 . ,...... c> :ii U1 -< F:\FILESiDAT AFILE\DicJd1lS01ICollege76J9\Collections\Current\173\l73,pra3\drg Created: 10/14/03 1:28PM Revised: 813106 10:4SAM 1619C,(73 DICKINSON COLLEGE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 03-5083 CIVIL ACTION-LAW MARK T. STEWART and KAROLINE V. STEWART, Defendants JURY TRIAL OF TWELVE DEMANDED PRAECIPE TO THE PROTHONOTARY: Please mark the above captioned matter settled and discontinued, and the judgment satisfied. MARTSON, DEARDORFF, WILLIAMS & OTTO By C-R..~ ).~ Christopher E. Rice Attorney I.D. No. 90916 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff Dated: g - '3 _ Ot, i t~I,Q' i~ I ,';!, ~ ,,15 :p! - . ~Q~ ~ ~ y :: ~ >.D