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HomeMy WebLinkAbout07-62961 F:\FILES\Clients\DickinsonCollege7619\Collections\Current\354\7619C.354.com Created: 3/5/03 2:2329 PM Revised: 10/15/07 4:41:04 PM Christopher E. Rice, Esquire Attorney I.D. No. 90916 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff DICKINSON COLLEGE, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 07 - jna9( CIVIL TERM DAVID M. GARSON, CIVIL ACTION - LAW Defendant 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, 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 REDUCE FEE OR NO FEE: Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 Christopher E. Rice, Esquire Attorney I.D. No. 90916 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff DICKINSON COLLEGE, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 07 - G-? 94 CIVIL TERM CIVIL ACTION - LAW DAVID M. GARSON, Defendant COMPLAINT AND NOW, comes Plaintiff, Dickinson College, by and through its attorneys, MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER, and hereby avers as follows: 1. Plaintiff Dickinson College (hereinafter "Dickinson") is a Pennsylvania educational institution with its principal offices located in Carlisle, Cumberland County, Pennsylvania. 2. Defendant, David M. Garson, (hereinafter "Student") is an adult individual whose last known address is 1016 Cambridge Drive, Manheim, Lancaster County, Pennsylvania 17545. COUNTI BREACH OF CONTRACT 3. Paragraphs 1 through 2 are incorporated herein by reference as if set forth in full below. 4. Student is currently or was recently enrolled at Dickinson. 5. Student opened a Student Receivables Account (hereinafter "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." 6. 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. 7. Student received and accepted all goods and services provided by Dickinson and thereby agreed to payment for said goods and services. 8. The terms ofrepayment required Student to pay all balances 14 (fourteen) days before the beginning of each semester. 9. Student defaulted on the repayment of the Account by not paying the balance when due. 10. Notices were forwarded to Student informing him ofhis default and right to cure such default. 11. Student failed to cure such defaults. 12. The total amount which is immediately due and payable to Dickinson by Student on the Account is Two Thousand Eight Hundred Fifty-three Dollars and 10/100 ($2,853.10). WHEREFORE, Plaintiff Dickinson College demands judgment against Defendant, David M. Garson, in the sum of Two Thousand Eight Hundred Fifty-three Dollars and 10/100 ($2,853.10) plus late fees, costs of suit and interest from date of judgment. COUNT II IN QUANTUM MERUIT In the alternative, if this Honorable Court should determine that an express contract between Dickinson and David M. Garson does not exist, which is denied, Dickinson pleads the following: 13. Paragraphs 1 through 12 are incorporated herein by reference as if set forth in full. 14. Because Dickinson loaned money to Student, to the benefit of Student, Student became liable to Dickinson for said money. 15. Student was unjustly enriched by accepting said money without paying Dickinson reasonable compensation therefor. 16. The total amount by which Student has become enriched is Two Thousand Eight Hundred Fifty-three Dollars and 10/100 ($2,853.10). 17. Dickinson demanded payment of the above sums but Student failed and refused to do so. WHEREFORE, Plaintiff Dickinson College demands judgment against Defendant David M. Garson in the sum of Two Thousand Eight Hundred Fifty-three and 10/100, until David Garson's obligation is paid in full, plus late fees, costs of suit and interest from date of judgment. MARTSON LAW OFFICES By (2-leirw- -?z )L- Christopher E. Rice, Esquire I. D. Number 90916 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Date: 1D - 2 6 -0? Attorneys for Plaintiff This a debt collecting firm. Any information obtained will be used for that purpose. ` 17-SEP-2007 09:39:09 ALL TERMS EFF DATE Description CHARGE PAYMENT TERM 10-NOV-03 Bad Debt Write Off -3,053.10 200370 30-OCT-03 Finance Charge 45.12 200370 14-AUG-03 Student Activities Fee -117.50 200370 14-AUG-03 Tuition Fall -14,190.00 200370 14-AUG-03 Health Insurance Student Fall -190.00 200370 14-AUG-03 Housing Double - Fall -1,860.00 200370 14-AUG-03 Meal Plan - Fall -1,745.00 200370 08-JUL-03 Check Received on Account 200.00 200360 08-JUL-03 Housing Double - Fall 1,860.00 200370 07-JUL-03 Tuition Fall 14,190.00 200370 07-JUL-03 Health Insurance Student Fall 190.00 200370 07-JUL-03 Meal Plan - Fall 1,745.00 200370 07-JUL-03 Student Activities Fee 117.50 200370 27-JUN-03 Finance Charge 47.41 200350 30-MAY-03 Finance Charge 46.71 200320 29-APR-03 Finance Charge 46.02 200320 01-APR-03 Finance Charge 45.34 200320 06-MAR-03 Tuition Mgmt Systems Payment 551.00 200320 06-MAR-03 Tuition Mgmt Systems Payment -3,573.50 200320 26-FEB-03 Check Received on Account 3,788.18 200320 07-FEB-03 BKSTR -Text Books 138.90 200320 07-FEB-03 BKSTR - Supplies 3.57 200320 07-FEB-03 BKSTR-PA Sales Tax .21 200320 07-FEB-03 BKSTR-Credits/Pmt 3.78 200320 06-FEB-03 Finance Charge 53.93 200320 21-JAN-03 Subsidized Federal Stafford Lo 1,312.00 200320 21-JAN-03 Unsubsidized Fed Stafford Loan 2,000.00 200320 14-JAN-03 Dickinson Grant .00 200320 14-JAN-03 Federal Perkins Loan 2,000.00 200320 03-JAN-03 BKSTR-Miscellaneous 10.54 200270 03-JAN-03 BKSTR-PA Sales Tax .39 200270 02-JAN-03 Dining Services 9.84 200270 06-DEC-02 Cash Received on Account 500.00 200270 04-DEC-02 Dickinson Grant 6,300.00 200320 04-DEC-02 Tuition Mgmt Systems Payment 3,573.50 200320 04-DEC-02 PA State Grant (PHEAA) 1,650.00 200320 03-DEC-02 Housing Double - Spring 1,655.00 200320 02-DEC-02 Tuition Spring 13,200.00 200320 02-DEC-02 Meal Plan - Spring 1,675.00 200320 02-DEC-02 Student Activities Fee 117.50 200320 27-NOV-02 BKSTR-PA Sales Tax .68 200270 27-NOV-02 BKSTR-Miscellaneous 15.69 200270 14-NOV-02 Unsubsidized Fed Stafford Loan 2,000.00 200270 14-NOV-02 Subsidized Federal Stafford Lo 1,313.00 200270 04-NOV-02 BKSTR - Clothing 206.53 200270 04-NOV-02 BKSTR-PA Sales Tax 1.23 200270 04-NOV-02 BKSTR - Supplies 4.67 200270 04-NOV-02 BKSTR-Miscellaneous 27.62 200270 23-OCT-02 PA State Grant (PHEAA) .00 200270 23-OCT-02 Federal Perkins Loan 2,000.00 200270 08-OCT-02 PA State Grant (PHEAA) 1,650.00 200270 Dickinson College PAGE 1 Student Trans Summary Report TSRSSUM 900080417 Garson, David M Balance: .00 *****CONTINUED ON NEXT PAGE***** 17-SEP-2007 09:39:09 ALL TERMS *****CONTINUED FROM P1 EFF DATE Description Dickinson College PAGE 2 Student Trans Summary Report TSRSSUM 900080417 Garson, David M Balance: .00 ZEVIOUS PAGE***** CHARGE PAYMENT TERM 08-OCT-02 Dickinson Grant 29-SEP-02 Health Center Charge 29-SEP-02 Dining Services 27-SEP-02 BKSTR - Clothing 27-SEP-02 BKSTR-PA Sales Tax 27-SEP-02 BKSTR-Miscellaneous 27-SEP-02 BKSTR -Text Books 27-SEP-02 BKSTR - Supplies 11-SEP-02 Health Insurance Student Fall 28-AUG-02 BKSTR-Miscellaneous 05-JUL-02 Dickinson Grant 03-JUL-02 Health Insurance Student Fall 03-JUL-02 Housing Double - Fall 03-JUL-02 Meal Plan - Fall 03-JUL-02 Student Activities Fee 03-JUL-02 Tuition Fall 03-JUL-02 Transcript Fee 13-JUN-02 Freshman/Transfer Deposit UU LUUL/U 65.00 200270 .25 200270 130.94 200270 15.33 200270 231.98 200270 517.75 200270 33.46 200270 -189.00 200270 101.95 200270 6,300.00 200270 189.00 200270 1,655.00 200270 1,675.00 200270 117.50 200270 13,200.00 200270 25.00 200270 500.00 200270 TOTAL: 32,067.96 32,067.96 ---------- ---------- ---------- ---------- VERIFICATION I, THOMAS MEYER, Bursar 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, I may be subject to criminal penalties. Dickinson College Thomas Meyer Bursar Dated: F: \FILES\Clients\DickinsonCollege7619\Collec[ions\Current\354\7619C.354. com "lob N CA "Ci c? ?. f tom? Cam' SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2007-06296 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DICKINSON COLLEGE VS GARSON DAVID M 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: GARSON DAVID M but was unable to locate Him in his bailiwick. He therefore deputized the sheriff of LANCASTER serve the within COMPLAINT & NOTICE County, Pennsylvania, to On December 5th , 2007 , this office was in receipt of the attached return from LANCASTER Sheriff's Costs: So Docketing 18.00 C Out of County 9.00 Surcharge 10.00 R. Dep Lancaster Co 51.20 /Sh Postage 1.89 90.09 12/05/2007 MARTSON LAW OFFICES Sworn and subscribe to before me this day of s: betas Kline ff of Cumberland County A. D. SHERIFF'S OFFICE U 50 NORTH DUKE STREET, P.O. BOX 83480, LANCASTER, PENNSYLVANIA 17608-3480 - (717) 299-8200 r SHERIFF SERVICE PLEASE TYPE OR PRINT LEGIBLY. PROCESS RECEIPT, and AFFIDAVIT OF RETURN DO NOT DETACH ANY,COPIES. 1. PLAINTIFF/S/ (2. COURT NUMBER Dickinson College 07-6296 civil 3. DEFENDANT/S/ 4. TYPE OF WRIT OR COMPLAINT David M. Garson Notice and Complaint SERVE 5. NAME OF INDIVIDUAL, COMPANY, CORPORATION, ETC., TO BE SERVED David M. Garson 6. ADDRESS (Street or RFD, Apartment No., City, Boro, Twp., State and ZIP Code) AT 1016 Cambridge Drive Manheim, PA 17545 7. INDICATE UNUSUAL SERVICXV DEPUTIZE ? OTHER Cumberland Now, October 29 - 20 07 , I, SHERIFF OF LANCASTER COUNTY, PA., do hereby deputize the Sherriff of Lancaster County to execute this Writ and make return thereof according to law. This deputation being made at the request and risk of the plaintiff. SHERIFF OF LANCASTER COUNTY 8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE: Cumberland Please mail return of service to Cumberland County Sheriff. Thank you. NOTE ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN -Any deputy sheriff levying upon or attaching any property under within wMt may leave same without a watchman, in custody of whomever is found in possession, after notifying person of levy or attachment, without liability on the part of such deputy or the sheriff to any plaintiff herein for any loss, destruction or removal of any such property before sherrif's sale thereof. 9. SIGNATURE of ATTORNEY or other ORIGINATOR 10. TELEPHONE NUMBER 11. DATE 10/26#W 12. SEND NOTICE OF SERVICE COPY TO NAME AND ADDRESS BELOW: (This area must be completed if notice Is to be mailed) MARTSON LAW OFFICES 10 FAST HIGH ST. CARLISLE, PA. 1701.3 SPACE BELOW FOR USE OF SHERIFF ONLY - DO NOT WRITE BELOW THIS LINE 13. 1 agknowledge receipt of the writ NAME of Authorized LCSO Deputy or Clerk 14. Date Received 15. Expiration/Hearing Date orcomplaint as indicated above. ) JACKIE MICCICHE 717-390-2309 4 10/30f07 I 11/26/07 16. 1 hereby CERTIFY and RETURN that 10 have personally served, O have legal evidence of service as shown in "Remarks:, ? have executed as shown in "Remarks", the writ or complaint described on the individual, company, corporation, etc., at the address shown above or on the individual, company, cor- poration, etc., at the address inserted below by handing a TRUE and ATTESTED COPY thereof. 17.)1 hereby certify and return a NOT FOUND because I am unable to locate the individual, company, corporation, etc., named above. (See remarks below) 18 Name and title of individual served (if not shown above) (Relationship to Defendant) I 19• p No Service See Remarks Below (No. 30) 20. Address of where served (complete only if different than shown above) (Street or RFD, Apartment No., City, Boro, Twp. 21. Date of Service 22. Time State and Zip Code) C (r -7 vs c by AM ES PM EDST 23. ATTEMPTS Date Miles D ep.. Int. Date Miles Dep. Int. Date Miles Dep. Int. Date Miles Dep. Int. Date Miles Dep. Int. I I 1i ? ? e MA 4 24. Advance Costs 25. Service Costs 26. Notary Cert. 27. Mi a/Posta a/N.F. 28. Total Costs 4 1 29. COST DUE OR REFUND 4 Z 150.00 36.50 j - ? q $ - &L' 30. REMARKS: ?f pie ; /il / ,9rlld ?.Ayr7?(sC371?'7?1 S.T.A.: r- 31. AFFIRMED and subscribed to before me this 32. Signature of 34. day of 20 Dep. Sheriff 35. Si natuxq of S eriff 37 ",t fr Prothonotary/Deputy/Notary Public SHERIFF MY COMMISSION EXPIRES 1. WHITE - Issuing Authority 2. PINK - Attorney 3. CANARY - Sheriff's Office 4. BLUE - Sheriff's Office c ``?DNS 71 F: \FILES\Clients\DickinsonCollege7619\Collections\Cwrent\354\7619C.354. com Created: 3/5103 2:2329 PM Revised: 1/21/08 8:37:25 AM Christopher E. Rice, Esquire Attorney I.D. No. 90916 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff DICKINSON COLLEGE, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. DAVID M. GARSON, Defendant To the Prothonotary: NO. 07 - 6296 CIVIL TERM : CIVIL ACTION - LAW PRAECIPE Please reinstate the Complaint in the above-referenced matter. MARTSON LAW OFFICES BY a-":aa S ye-_ Christopher E. Rice, Esquire I. D. Number 90916 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Date: Av,qe Attorneys for Plaintiff ? 4 a-` ? s a.? 7 ?t ? ti ? R t?.?\J ! (??J? ( ? ?.Y M _ ? V J ? 1' ?(' 1 ? \ I ?' (?? N ?? q SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2007-06296 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DICKINSON COLLEGE VS GARSON DAVID M 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: GARSON DAVID M but was unable to locate Him deputized the sheriff of CHESTER in his bailiwick. He therefore serve the within COMPLAINT & NOTICE County, Pennsylvania, to On February 8th , 2008 , this office was in receipt of the attached return from CHESTER Sheriff's Costs: So answer Docketing 18.00 Out of County 9.00 Surcharge 10.00 Thomas Kline Dep Chester County 36.18 Sheriff of Cumberland County Postage 1.55 ? ,z J ia?b P ?,., 74.73 02/08/2008 MARTSON LAW OFFICES Sworn and subscribe to before me this day of A. D. ?c 7 c u !c .2 916 In The Court of Common Pleas of Cumberland County, Pennsylvania Dickinson College S y ER 5 y 0/ 6 vs. 5 r.r....__..,.w_ - Dtd_ vid M. Garcon 16-0 _Paid (0 0 0 Anthony's Drive No. 07-6296 civil Exton, PA 19341 L.", ..:. , ,? v Now, January 23, 2008 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Chester County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA Please mail return of service to Cumberland County Sheriff. Thank you. Affidavit of Service Now, within 20 , at i ?° s. o'clock M. co C-) c:) cn M --I •,C7 a<C") upon W rn at by handing to a and made known to jS7 i/a9)0 S 6' /a.?d ,0e17 - /V)4 - AT a4iii4/a &?, -• 56 em-tj -,D-T, S.P0 41f Uj I CV 4 4CN 7 R Sao ?-,.ri- D t? n-? o v?o ?N AV(; us-) of a?oos I130IOT ?1 9 ? ?S?g??-? Sworn and ubscribed fore me this day of o- 204 ?2 Quo a ?.. ?.l . Sao copy of the original So answers, 1 Zt, the contents thereof. Cllesrax Sheriff of 'COSTS o SERVICE WZ - MILEAGE _ Q s ;t jAFFIDAVIT Q 10 Z U o County, PA $ F:\FILES\Clients\DickinsonCollege7619\Collections\Cu rent\354\7619C.354.pre.rein Created: 315/03 2:23:29 PM Revised: 4/7/08 0:0:01 PM Christopher E. Rice, Esquire Attorney I.D. No. 90916 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff DICKINSON COLLEGE, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. DAVID M. GARSON, Defendant To the Prothonotary: : NO. 07 - 6296 CIVIL TERM : CIVIL ACTION - LAW PRAECIPE Please reinstate the Complaint in the above-referenced matter. MARTSON LAW OFFICES By Date: '?t/7/DO Christopher E. Rice, Esquire I. D. Number 90916 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff Cat D ? r Q CN W ?' r- 0 b C-ti t n, "Z5 ?nj --c F:\FILES\Clients\DickinsonCollege7619\Co11ections\Cutrent\354\7619C.354.pra.rein Created: 3/5/03 2:23:29 PM Revised: 6/11108 11:38:32 AM Christopher E. Rice, Esquire Attorney I.D. No. 90916 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff DICKINSON COLLEGE, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. DAVID M. GARSON, Defendant To the Prothonotary: : NO. 07 - 6296 CIVIL TERM CIVIL ACTION - LAW PRAECIPE Please reinstate the Complaint in the above-referenced matter. MARTSON LAW OFFICES By_ Christopher E. Rice, Esquire I. D. Number 90916 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Date: (/ftl?o4 Attorneys for Plaintiff p ?• rI SHERIFF'S RETURN - OUT OF COUNTY ,40. 1 CASE NO: 2007-06296 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DICKINSON COLLEGE VS GARSON DAVID M 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: GARSON DAVID M but was unable to locate Him in his bailiwick. He therefore deputized the sheriff of LANCASTER County, Pennsylvania, to serve the within COMPLAINT & NOTICE On July 2nd , 2008 , this office was in receipt of the attached return from LANCASTER Sheriff's Costs: So answer : Docketing 18.00 Out of County 9.00 Surcharge 10.00 R. Thomas line Dep Lancaster Co 46.60 Sheriff of Cumberland County Postage 1.52 85.12/63/Op 07/02/2008 MARTSON LAW OFFICES Sworn and subscribe to before me this day of , A. D. .., .. SHERIFF SERVICE PROCESS RECEIPT, and AFFIDAVIT OF RETURN 1. PLAINTIFF/S/ Dickinson College PLEASE TYPE OR PRINT LEGIBLY. DO NOT DETACH ANY COPIES. 2. COURT NUMBER 0 07-6296 civil z David Garson 4. TYPE OF WRIT OR COMPLAINT Notice & Complaint, reinstated SERVE 5 NAME OF INDIVIDUAL, COMPANY, CORPORATION, ETC., TO BE SERVED David M. Garson 6. ADDRESS (Street or RFD, Apartment No., City, Boro, Twp., State and ZIP Code) AT It, 1016 Cambridge Drive Manhein, PA 17545 7. INDICATE UNUSUAL SERVICE: ? DEPUTIZE ? OTHER Now, Julie 20 , I, SHERIFF O COUNTY, PA., do her by putize tWShi f La eCounty to execute this Writ ?ur to law. This deputation being made at the request and risk of the plaintiff. MNNWOUNTY8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE: SHERIFF o Cumberland Ctitrnberland Please mail return of service to Cumberland County Sheriff. Thank you. NOTE ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN -Any deputy sheriff levying upon or attaching any property under within writ may leave same without a watchman, in custody of whomever is found in possession, after notifying person of levy or attachment, without liability on the part of such deputy or the sheriff to any plaintiff herein for any loss, destruction or removal of any such property before sherri's sale thereof. 9. SIGNATURE of ATTORNEY or other ORIGINATOR 10. TELEPHONE NUMBER Til1. DATI CHRISTOPHER RICE, ESQ. 717-243-3341 6 12. SEND NOTICE OF SERVICE COPY TO NAME AND ADDRESS BELOW: (This area must be completed if notice is to be mailed) RTSON, DEARDORFF WILLIAMS OTTO GILROY & FALLER TEN EAST HIGH ST. CARLISLE, PA. 17013 arACE BELOW FOR USE OF SHERIFF ONLY - DO NOT WRITE BELOW THIS LINE 13. 1 acknowledge receipt of the writ NAME of Authorized LCSO Deputy or Clerk 14. Date Received 15. Expiration/Hearing Date or complaint as indicated above.} JACKIE MICCICHE 717-390-2309 I 6/13/08 17/11/08 16 1 hereby CERTIFY and RETURN that 10 have personally served, ? have legal evidence of service as shown in "Remarks:, ? have executed as shown in "Remarks", the writ or complaint described on the individual, company, corporation, etc., at the address shown above or on the individual, company, cor- poration, etc., at the address inserted below by handing a TRUE and ATTESTED COPY thereof. 17. 1 hereby certify and return a NOT FOUND because I am unable to locate the individual, company, corporation, etc., named above. (See remarks below) 18 ame and title of individual served (if not shown above) (Relationship to Defendant) P 9 ? No Service See Remarks Below (No. 30) 20. Address of where served (complete only if different than shown above) (Street or RFD, Apartment No., City, Boro, Twp. 21. Date of Service 22. Time State and Zip Code) /?? AM F, , -7 ?l? PM ?r"_ j v Qr EDST EST 23. ATTEMPTS Date Miles Dep. Int. Date Miles Dep. Int. Date Miles Dep. Int. Date Miles Dep. Int. ate Miles Dep. Int. bZ;s C4 k N 24. Advance Costs 25. Service Costs 26. Notary Cert. 27. Mileage/Postage/N.. _ 28. of 1 Cost 29. COST DUE OR REFUND R 150.00 36.50 j 30. REMARKS: S.T.A.: Ag" ?-- S ANSWER. 31. AFFIRMED and subscribed to before me this ?i 32. Signature of 33. Date 34. day of 20 ?-? 35. Sig f eri 36. Da Q? 37 oC? Prothonotary/Deputy/Notary Public U' iFtRIFF OF LANC?S EpCOUNTY MY COMMISSION EXPIRES LLr lu v .r i 1. WHITE - Issuing Authority 2. PINK - Attorney 3. CANARY - Sheriff's Office 4. BLUE - Sheriff's Office !-1}c_' f ; I? T SHERIFF'S OFFICE 3 50 NORTH DUKE STREET, P.O. BOX 83480, LANCASTER, PENNSYLVANIA 17608-3480 • (717) 299-8200 n ,` 4d,` 1` 41LES`ClientslDickinsonCollege7619'Collections`.Cwrent'354\76190 354. corn Created. 35;03 2_'3^_9 PM Revised: 10/; 5;07 4.41 04 PM Christopher E. Rice, Esquire Attorney I.D. No. 90916 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff DICKINSON COLLEGE, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 07 - CIVIL TERM DAVID M. GARSON, CIVIL ACTION - LAW Defendant 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, 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 REDUCE FEE OR NO FEE: Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 +e? JoO . Fti3 C7 ? t"1 - 1 < ; f t r n t r ? Christopher E. Rice, Esquire Attorney I.D. No. 90916 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff DICKINSON COLLEGE, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. DAVID M. GARSON, Defendant NO. 07 - CIVIL TERM : CIVIL ACTION - LAW COMPLAINT AND NOW, comes Plaintiff, Dickinson College, by and through its attorneys, MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER, and hereby avers as follows: 1. Plaintiff Dickinson College (hereinafter "Dickinson") is a Pennsylvania educational institution with its principal offices located in Carlisle, Cumberland County, Pennsylvania. 2. Defendant, David M. Garson, (hereinafter "Student") is an adult individual whose last known address is 1016 Cambridge Drive, Manheim, Lancaster County, Pennsylvania 17545. COUNTI BREACH OF CONTRACT 3. Paragraphs 1 through 2 are incorporated herein by reference as if set forth in full below. 4. Student is currently or was recently enrolled at Dickinson. 5. Student opened a Student Receivables Account (hereinafter "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." 6. 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. 7. Student received and accepted all goods and services provided by Dickinson and thereby agreed to payment for said goods and services. 8. The terms of repayment required Student to pay all balances 14 (fourteen) days before the beginning of each semester. 9. Student defaulted on the repayment of the Account by not paying the balance when due. 10. Notices were forwarded to Student informing him of his default and right to cure such default. 11. Student failed to cure such defaults. 12. The total amount which is immediately due and payable to Dickinson by Student on the Account is Two Thousand Eight Hundred Fifty-three Dollars and 101100 ($2,853.10). WHEREFORE, Plaintiff Dickinson College demands judgment against Defendant, David M. Garson, in the sum of Two Thousand Eight Hundred Fifty-three Dollars and 10/100 ($2,853.10) plus late fees, costs of suit and interest from date of judgment. COUNT II IN QUANTUM MERUIT In the alternative, if this Honorable Court should determine that an express contract between Dickinson and David M. Garson does not exist, which is denied, Dickinson pleads the following: 13. Paragraphs 1 through 12 are incorporated herein by reference as if set forth in full. 14. Because Dickinson loaned money to Student, to the benefit of Student, Student became liable to Dickinson for said money. 15. Student was unjustly enriellcd by accepting said money without paying Dickinson reasonable compensation therefor. 16. The total amount by which Student has become enriched is Two Thousand Eight Hundred Fifty-three Dollars and 10;100 (S2,853.10). 17. Dickinson demanded payment of the above sums but Student failed and refused to do so. WHEREFORE, PlaintiffDickinson College demands judgment against Defendant David M. Garson in the sum of Two Thousand Eight Hundred Fifty-three and 10/100, until David Garson's obligation is paid in full, plus late fees, costs of suit and interest from date of judgment. MARTSON LAW OFFICES Christopher E. Rice, Esquire I. D. Number 90916 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Date: 10 - 2 6 -0? Attorneys for Plaintiff This a debt collecting firm. Any information obtained will be used for that purpose. -7-SEP-2C)7 05:35:69 Dickinson College PAGE _ ALL TERNS Student Trans Sui?-^':ary report .SRSSL^N 900CS0417 Garson, Dav_d M Balance: .00 FF C?^_,=: =c:-.P[?Or CY-=.RCE PAYMENT T_;RM vCV ,_ -ad Debt W1_te ,,f'f 3, 53.:0 X0370 3C-OCT-03 F1 an--e Ci:arge 45.: 20C37D -4-A'JG-_: Sr_denr_ Act_vir_es Fee 200370 '_4AUG-G3 . --Ion pal!i -14,190.00 200370 14-AIJG-03 Health 'rsur._r,ce Student Fall -150.00 200370 :4-AUG-C3 Hccsing Double - Fall ,3oc.00 200370 Meal ?_nn - Fall - ,745.00 200370 C8-JUL-03 :heck Receivr?d on Account 200.00 200360 08-JCL-03 Fousi.ng Double - Fill 1, 860.00 200370 07-JUL-C33 Tuiticn Fall 14,190.00 20C370 07-JUL-03 Health insurance Student Fall 190.00 200370 07-JUL-03 Meal Plan - Fall 1,745.00 200370 07-JUL-03 Student Activities Fee 117.50 200370 27-JUN-03 Finance charge 47.41 200350 30-MAY-03 Finance Charge 46.71 200320 29-APR-03 Finance Charge 46.02 200320 01-APR-03 Finance Charge 45.34 200320 06-MAR-03 Tuition Mgmt Systems Payment 551.00 200320 06-MAR-03 Tuition Mgmt Systems Payment -3,573.50 200320 26-FEB-03 Check Received on Account 3,788.18 200320 07-FEB-03 BKSTR -Text Books 138.90 200320 07-FEB-03 BKSTR - Supplies 3.57 200320 07-FEB-03 BKSTR-PA Sales Tax .21 200320 07-FEB-03 SKSTR-Credits/Pmt 3.78 200320 06-FEB-03 Finance Charge 53.93 200320 21-JAN-03 Subsidized Federal Stafford Lo 1,312.00 200320 21-JAN-03 Unsubsidized Fed Stafford Loan 2,000.00 200320 14-JAN-03 Dickinson Grant .00 200320 14-JAN-03 Federal Perkins Loan 2,000.00 200320 03-JAN-03 SKSTR-Miscellaneous 10.54 200270 C3-.;AN-03 nKSTR-PA Sales Tax 39 2C0270 02-JAN-03 Dining Services 9.134 200270 06-DEC-02 Crash Received cn Account 500.00 20C270 04-DFC-r,2 D1Ck_nson Grc°,nt 5,300.00 20c320 C4-DEC-C2 ,_;.tion Vlgmt Systems P.aycent 3,573.50 200320 , -DEC-02 PA Stale Crant •;PHEAA) 1,050.00 200320 C3G2 .,?..sir.•7 Ocub_e - Spring x.,,.20 _ ..._ _.. _ .. ..? ,. _ ._.. _,. ... .. _ 1 . = i, ... _ ..J 711 17-SEP-20J7 09:39:39 .'.i ck,nson College PAGE 2 ALL TERMS Student Trans S.;m ary Report TSRSS TI,M 90002r,;_7 Garson, David m °alance: .00 •_•• _5..__...;ED :'ROM R?":_CuS ?AGE**+•+ E?f :. F _ r)t.;on =;'ARCE PAYME'N'T _M C8--)CT-C2:_r?irsor. Grant CC 2C02'•G 29-SEP-C2 _onter Ci:arge 65.00 2C0270 29-3EP-02 Ecrv_ces .25 20,3270 27-STEP-32 I3KS'TR - Clothing '.30.94 200270 27-SEP-02 -KSTR-PA Sales Tax '5.33 2130270 27-3EP--,2 :';(STR-Mis:e-', lar.eoi;s 231.98 2135270 27-SEP-C:. _.,..TR -Text :locks 517.75 ,0270 27-SEP-C2 BI(STR - Supplies 33.46 200270 11-SEP-C2 ;iealth Insurance Student Fall -ie9.00 20C270 28-AUG-02 nKSTR-Miscellaneous 101.95 200270 05-JUL-02 Dickinson Grant 6,300.00 20C270 03-JUL-02 Health insurance Student Fall 03-JUL-02 Housing Double - Fall 03-JUL-02 Meal Plan - Fall 189.00 11655.00 1,675.00 200270 200270 200270 03-JUL-02 Student Activities Fee 03-JUL-02 Tuition Fall 117.50 13,200.00 200270 200270 03-JUL-02 Transcript Fee 13-JUN-02 Freshman/Transfer Deposit 25.00 500.00 200270 200270 TOTAL: ---------- 32,C67.96 ---------- 32,067.96 VERIFICATION I, THOMAS MEYER, Bursar 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, I may be subject to criminal penalties. Dickinson College Thomas Meyer Bursar Dated: F..F 1 LES'.C'lients\U,ck;nsunCrCrge761')?Collccnons'CuaenPJ54! 7619C.354. com T MP .I. INS .... ?.? .?.?. PR MONO"I`fY ?Q v's's' 1Ke ee o:.a a:aes.e'oaa •"°?" 1 +tV YI AT p IN a?aeee'u.e ?• •• ISO. C LAI NT REINSTATED PROTMONC&TARX