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Home My WebLink About07-6335F: \FILES\Clients\DickinsonCollege7619\Collections\Current\355\7619C.355. com Created: 3/5/03 2:23:29 PM Revised: 10/16/07 8:40:33 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. NO. 07 - a? S CIVIL TERM RACHEL L. BUSELLI, 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. RACHEL L. BUSELLI, Defendant NO. 07 - 0 355-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, Rachel L. Buselli, (hereinafter "Student") is an adult individual whose last known address is 150 Garman Drive, Chambersburg, Franklin County, Pennsylvania. 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 her of her 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 Five Thousand Four Hundred Eighty-one Dollars and 00/100 ($5,481.00). WHEREFORE, Plaintiff Dickinson College demands judgment against Defendant, Rachel L. Buselli, in the sum of Five Thousand Four Hundred Eighty-one Dollars and 00/100 ($5,481.00), plus late fees, costs of suit and interest from date of judgment. COUNT II IN QUANTUMMERUIT In the alternative, if this Honorable Court should determine that an express contract between Dickinson and Rachel L. Buselli 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 Five Thousand Four Hundred Eighty-one Dollars and 00/100 ($5,481.001). 17. Dickinson demanded payment of the above sums but Student failed and refused to do so. WHEREFORE, Plaintiff Dickinson College demands judgment against Defendant, Rachel L. Buselli, in the sum of Five Thousand Four Hundred Eighty-one Dollars and 00/100 ($5,481.00), until Rachel L. Buselli's obligation is paid in full, plus late fees, costs of suit and interest from date of judgment. MARTSON LAW OFFICES By Christopher E. Rice, Esquire I. D. Number 90916 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Date: 16 _ z Y- 0 7 Attorneys for Plaintiff This a debt collecting firm. Any information obtain will be used for that purpose. EXHIBIT "A" 17-SEP-2007 09:38:50 Dickinson College PAGE 1 ALL TERMS Student Trans Summary Report TSRSSUM 900144624 Buselli, Rachel L Balance: .00 EFF DATE Description CHARGE PAYMENT TERM 22-JUN-07 Bad Debt Write Off 5,481.00 200720 01-FEB-07 Finance Charge 81.00 200720 10-JUL-06 Tuition SSII 11800.00 200660 26-JUN-06 Tuition SSII 1,800.00 200660 26-JUN-06 Tuition SSII 1,800.00 200660 TOTAL: ---------- 5,481.00 ---------- 5,481.00 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 -2' Thomas Meyer Bursar Dated: F: \FILES\Clients\DickinsonCollege7619\Collections\Current\355\7619C.355. com 'fw) -- C rrl? i _ 1 Y C? C> SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2007-06335 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DICKINSON COLLEGE VS BUSELLI RACHEL 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: BUSELLI RACHEL L but was unable to locate Her deputized the sheriff of FRANKLIN in his bailiwick. He therefore serve the within COMPLAINT & NnTTrR County, Pennsylvania, to On December 12th , 2007 , this office was in receipt of the attached return from FRANKLIN Sheriff's Costs: So answer -? Docketing 18.00 "_ Out of County 9.00 -rv Surcharge 10.00 R. Thomas Kline Dep Franklin Co 24.05 Sheriff of Cumberland County Postage 1.55 62.60 ? /2?i??a? 12/12/2007 MARTSON LAW OFFICES Sworn and subscribe to before me this day of A. D. In The Court of Common Pleas of Cumberland County, Pennsylvania Dickinson College VS. Rachel L. Buselli No. 07-6335 civil Now, October 30, 2007 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Franklin copy of the original 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, , 20 , at o'clock M. served the within upon at by handing to a and made known to So answers, County to execute this Writ, this the contents thereof. Sheriff of Sworn and subscribed before me this day of , 20 COSTS SERVICE _ MILEAGE _ AFFIDAVIT County, PA SHERIFF'S CJm?CSo.c1c ut° RETURN - NOT FOUND ? 7W d"1-633?> CASE NO: 2007-00224 T COMMONTWEALTH OF PENNSYLVANIA COUNTY OF FRANKLIN DICKENSON COLLEGE VS RACHEL L BUSELLI MICHAEL L COX , Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT , to wit: BUSELLI RACHEL L but was unable to locate Her in his bailiwick. He therefore returns the COMP CIVIL ACTION NOT FOUND as to the within named DEFENDANT BUSELLI RACHEL L 150 GARMAN DRIVE CHAMBERSBURG, PA 17201 DEFENDANT NO LONGER AT THIS ADDRESS Sheriff's Costs: Docketing Service Affidavit Surcharge So answers: .00 .00 r1? .00 MICHAEL L COX .00 ROBERT WOLLYUNG, Sheriff .00 MARTSON DEARDORFF AND WILLIAMS 11/19/2007 Sworn and subscribed to before me this q I day of ?Z7 A.D. Richard D. VcCar?,[Notary Ps-`',ic Charmbersturg er rc, 1 ?ei'71'. S' y i f?",y C?mrn .c s_ _ F:\FILES\Clirnts\7619 Dickinson College\Cotlec[ions\Current\3557619C.355.pra Christopher E. Rice, Esquire Attorney LD. 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. RACHEL L. BUSELLI, Defendant To the Prothonotary: NO. 07 - 6335 CIVIL TERM CIVIL ACTION -LAW PRAECIPE Please mark the above-captioned matter discontinued without prejudice. MARTSON LAW OFFICES Date: ~~~/9//0 Christopher E. Rice, Esquire I. D. Number 90916 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff ~~ ~ ~ -~~ ~ ~~ ~~ ~~ ' ' ~a ~ ~ a 3 ~~ ~~ ~ ~ °' "~• -~' `~' ~ :G7 -C