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Home My WebLink About03-5718DICKINSON COLLEGE, Plaintiff MARK HALVORSEN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 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 fights 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 Dated: October 30, 2003 David R. Galloway, Esquire Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff DICKINSON COLLEGE, Plaintiff MARK HALVORSEN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. CIVIL ACTION-LAW JURY TRIAL OF TWELVE DEMANDED COMPLAINT PlaintiffDickinson College ("Dickinson") is a non-profit Pennsylvania educational below. 4. institution with its principal offices located in Carlisle, Cumberland County, Pennsylvania 17013. 2. Defendant Mark Halvorsen ("Defendant") is an adult individual whose last known address is 41 East Lincoln Street, Adams County, Gettysburg, Pennsylvania 17325. COUNT I DICKINSON COLLEGE V. MARK HALVORSEN BREACH OF CONTRACT Paragraphs 1 through 2 are incorporated herein by reference as if set forth in full Defendant opened a Student Receivables Account ("Account") with Plaintiff to pay tuition, dining service fees and other educational expenses provided and rendered to Defendant by Plaintiff. A true and correct copy of that Account is incorporated by reference and attached as Exhibit "A." 5. Defendant, by opening the Account and using the goods and services provided by Plaintiff, agreed to pay Plaintiff for all charges made to the Account. 6. Defendant received and accepted all goods and services provided by Plaintiff and thereby agreed to payment for said goods and services. 7. The terms of repayment required Defendant to pay all balances 14 (fourteen) days before the beginning of each semester. when due. 9. such default. 10. Defendant defaulted on the repayment of the Account by not paying the balance Notices were forwarded to Defendant informing him of his default and right to cure Defendant failed to cure such defaults. 11. The total amount which is immediately due and payable to Plaintiff by Defendant on the Account is Three Thousand One Hundred Forty~Seven Dollars and Thirty Four Cents ($3,147.34). WHEREFORE, Plaintiff Dickinson College demands judgment against Defendant Mark Halvorsen in the sum of Three Thousand One Hundred Forty-Seven Dollars and Thirty-Four Cents ($3,147.34), plus late fees, costs of suit, attorneys' fees and collection costs, and interest from date of judgment. COUNT I1 DICKINSON COLLEGE V. MARK I-IALVORSEN IN QUANTUM MER UIT In the alternative, if this Honorable Court should determine that an express contract between Dickinson and Mark Halvorsen does not exist, which is denied, Dickinson pleads the following: 12. Paragraphs 1 through 11 are incorporated herein by reference as if set forth in full. 13. Because Plaintiffloaned money to Defendant, to the benefit of Defendant, Defendant became liable to Plaintiff for said money. 14. Defendant was unjustly enriched by accepting said money without paying Plaintiff reasonable compensation therefor. 15. The total amount by which Defendant has become enriched is Three Thousand One Hundred Forty-Seven Dollars and Thirty-Four Cents ($3,147.34). 16. Plaintiffdemanded payment of the above sums but Defendant failed and refused to do so. WHEREFORE, Plaintiff Dickinson College demands judgment against Defendant Mark Halvorsen in the sum of Three Thousand One Hundred Forty-Seven Dollars and Thirty Four Cents(S3,147.34), until Mark Halvorsen's obligation is paid in full, plus late fees, costs of suit, attorneys' fees and collection costs, and interest from date of judgment. Date: October 30, 2003 ~~ L. IAMS & OTTO David R. Gallo~, E~'re I. D. Number 87326 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff Q 0 o 0 EXHIBIT "A" VERIFICATION The foregoing Complaint is based upon information which has been gathered by my counsel in the preparation of the lawsuit. The language of the document is that of counsel and not my own. I have read the document and to the extent that it is based upon information which I have given to my counsel, it is tree and correct to the best of my knowledge, information and belief. To the extent that the content of the document 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. Section 4904 relating to unsworn falsification to authorities, which provides that if I make knowingly false averments, I may be subject to criminal penalties. Thomas B. Meyer SHERIFF'S RETURN CASE NO: 2003-05718 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DICKINSON COLLEGE VS HALVORSEN MARK - OUT OF COUNTY 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: HALVORSEN MARK but was unable to locate Him deputized the sheriff of ADAMS in his bailiwick. County, serve the within COMPLAINT & NOTICE He therefore Pennsylvania, to On November 17th , 2003 attached return from ADAMS Sheriff's Costs: Docketing 18.00 Out of County 9.00 Surcharge 10.00 Dep Adams County 15.70 .00 52.70 11/17/2003 MDW&O Sworn and subscribed to before me this /9 day of /~ ~'"% ~%~o ~a'rl~ this office was in receipt of the So answers ~ ~ R. tThomas Kline Sheriff of Cumberland County In The Court of Common Pleas of Cumberland County, Pennsylvania Dickinson Colle§e VS. Mark Halvorsen SERVE: s/~ne No. 03-5718 civil Now, November 3, 2003 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Adems 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 M. served the copy of the original So answers, the contents thereof. Sworn and subscribed before me this __ day of ,20 Sheriff of COSTS SERVICE MILEAGE AFFIDAVIT County, PA DATE RECEIVED DATE PROCESSED SHERIFF'S DEPARTMENT ADAMS COUNTY, PENNSYLVANIA COURTHOUSE, Gt:t (YSBURG, PA 17325 SHERIFF SERVICE PROCESS RECEIPT, and AFFIDAVIT OF RETURN DICKINSON CO~ MARK HALVORSEN ~ERVE INSTRUCTIONS: See "INSTRUCTIONS FOR SERVICE OF PROCESS BY THE SHERIFF" m~ the reveme of the laet (No. 5) copy of this form. PleeJe type or print legit]4y, inaudng medMiffNy of ali co~Xee. 03-5718 Civil Complaint in Civil Action 5. NAME OF INDIVIDUAL, COMPANY, CORPORATION, ETC., TO SERVICE OR DESCRII~;1ON OF PROPERTY TO SE LEVIED, All'ACHED OR SOLD. Mark Halvorsen AT 6. ADDRESS (Street or RFD, Apartment No., City, Bo~o, Twp., Stale and ZIP CODE) 41 East Lincoln Avenue, Gettysburg, PA 17325 T. INDICATE UNUSUAL SERVICE: [] PERSONAL [] PERSON IN CHARGE [] DEPUTIZE ~ CERT. MAIL [] REGISTERED MAIL [] PO~TED [D OTHER No~, , I, SHERIFF OF ADAMS COUNT~, PA., do herab¥ deputize the Sheriff of County to execute this Writ and make return therof according to law. This deputation being made at the request and risk of the plaintiff. 8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WiLL A~IST IN EXPEDITING SERVICE. NOTE ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN--Any du~uty sheriff levying upon or attaching any property under within writ may leave same without a watchman, in custody of whomever is found in dessassion, after notifying person of levy or attachment, without liability on the part of such deputy or the sheriff to David R. Galloway, Esq. ~PLAINTIFF (717) 243-3341 SPACE BELQW FOR USE OF SHERIFF ONLY -- DO NOT WRITE BELOW THIS LINE orcon~leint~sindicatededove. /I 11-4-2003 15. I hMeby C~RTIFY and RETURN that I [] have personally sawed, [] have served person in charge, [] have legal e~tdence of service as shown in "Remarks" (on reverse) [] have posted the above de~cribnd prof~rty with the writ or complaint described on the individual, company1 coq3oretlen, etc., at the address shown above or on the individual, c~pany, corporation, etc., et the address inserted below by hending/or Poshng a TRUE and ATIT~$TED CO~Y therof. 16. ~ I hereby certify and return a NOT FOUND because I am unable to locate the individual, company, corpmation, etc., named above. (See remarks belOw) 17. Name am:l title of individual ~enmd I I& A ~ M ~itable ~ and di~cretio~ Read Order EB~,EKS: DeFendaat has aoved and left: no F~ addcess wi_th the post office. ~2. ATTE.TS AFFIRMED ~nd suL~,~,~.~d to bMore me thM N/A day of 27. Tmad Corm 28. ~4;~Yi~l~Y0k SEFUNO $15.70 Pd. 11/13/03 $134.30 Ck. #10128 E~,YMOND W. NE~[A.N 11/13/2003 PROTHONOTARY Revised 3/12/04 9:41AM 7619C 163 DICKINSON COLLEGE, Plaintiff V. MARK HALVORSEN, Defendant IN THE COIYRT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-5718 CWIL ACTION-LAW JURY TRIAL OF TWELVE DEMANDED PRAECIPE TO SETTLE AND DISCONTINUE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please mark the above captioned case settled and discontinued and issue a certificate reflecting same. MARTSON DEARDgRFF WILLIAMS & OTTO L D. Number 87326 [ Carlisle, PA 17013 (717) 243-3341 Date: March 12, 2004 Attorneys for Plaintiff CERTIFICATE OF SERVICE I, Tricia D. Eckcnroad, an authorized agent for Martson DeardorffWilliams & 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. Mark Halvorsen 83 Euclid Street Stamford, CT 06902 MARTSON DEARDORFF WILLIAMS & OTTO Eckenr&a Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: March 12, 2004