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HomeMy WebLinkAbout07-7078c- F: \F1LES\Clients\DickinsonCollege7619\Collections\Current\357\7619C.357.com Created: 3/5/03 223:29 PM Revised: 10/30/07 3:54:14 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 - -7 0.7 7 CIVIL TERM MUHAMMAD K. CARR, 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 i 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. MUHAMMAD K. CARR, Defendant : NO. 07 - 70 7 F 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, Muhammad K. Carr (hereinafter "Student"), is an adult individual whose last known address is 4131 Spring Garden Street, Philadelphia, Philadelphia County, Pennsylvania 19104. 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." r 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 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 Twenty-two Thousand Six Hundred Nine Dollars and 94/100 ($22,609.94). WHEREFORE, Plaintiff Dickinson College demands judgment against Defendant, Muhammad K. Carr, in the sum of Twenty-two Thousand Six Hundred Nine Dollars and 94/100 ($22,609.94), 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 Muhammad K. Carr 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 Twenty-two Thousand Six Hundred Nine Dollars and 94/100 ($22,609.94). 11 17. Dickinson demanded payment of the above sums but Student failed and refused to do so. WHEREFORE, Plaintiff Dickinson College demands judgment against Defendant, Muhammad K. Carr, in the sum of Twenty-two Thousand Six Hundred Nine Dollars and 94/100 ($22,609.94), until Muhammad K. Carr's obligation is paid in full, plus late fees, costs of suit and interest from date of judgment. MARTSON LAW OFFICES S cr, Christopher E. Rice, Esquire I. D. Number 90916 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Date: a 7 Attorneys for Plaintiff This a debt collecting firm. Any information obtain will be used for that purpose. 4 21 JUN2007 14:57:53 Dickinson College PAGE 1 ;LL TERMS Student Trans Summary Report TSRSSUM 900087401 Carr, Muhammad K Balance: 22,609.94 DATE Description CHARGE PAYMENT TERM {91[r ':i FEB-07 Finance Charge 334.14 200720 ?Z.ryLCl 7 JAN-07 Housing Single - Spring 200720 L -JAN-07 Housing Deposit Chg reversed . --2.00-.00 fu1U; !4 F 0`_2 0720 / 12 JAN 07 Tuition Spring ._1_6_. 75__-0-Q. 00-740- 12 JAN 07 Student Activities Fee Spring 1-6?- 00- --------- ---.--200720- 12 JAN- 07 Meal Flan - Spring j =2-D5?00 --' - '- - --'200720- 02 JAN 07 Dining Services 1 12.87 200670 04 DEC 06 Housing Single - Spring 2T3LO_DA 200720 04 -DEC-06 Tuition Spring 16-73:00- - - --- -200720 04 DEC 06 SLudent Activities Fee Spring 04 DEC-06 Meal Plan - Spring - 2, 055: 0 0- ------------- ------200720-- 01 DEC-06 Dining Services 44.49 200670 ZZ?ZIOZ??? 01 -NOV-06 Dining Services 39.89 200670 02 -OCT-06 Dining Services 47.31 200670 02 -OCT-06 BKSTR - Text Books 223.25 200670 02 -OCT-06 BKSTR - Pa Sales Tax 2.46 200670 02 -OCT-06 BKSTR Miscellaneous 40.98 200670 02 -OCT-06 BItSTR - Grocery 2.75 200670 01 -SEP-06 Dining Services 4.80 200670 31 -JUL-06 Student Health Insurance I 590.00 200670 05 JUL-06 Housing Single - Fall 1 2,310.00 200670 05 JUL-06 Tuition Fall I 16,735.00 200670 05 -JUL-06 Student Activities Fee Fall 167.00 200670 05 JUL-06 Meal Plan - Fall 2,055.00 200670 03 JUL-06 Housing Deposit Charge 9 --2-0U-00- 200670 19- JAN-06 Bad Debt Write off -2,103.91 PAT 200570 "-" U ? b L r r ' 1% 03 MAY-05 Lock Out Fee Safety & Security 5.00 200520 02 MAY-05 BKSTR - Grocery 8.80 200520 02 -MAY-05 Finance Charge 28.70 200520 01- MAY-05 Dining Services 60.93 200520 rj4- APR-05 Finance Charge 25.33 200520 01- APR-05 BKSTR - Grocery 6.79 200520 11 APR 05 BKSTR - Pa Sales Tax .95 200520 01 APR 05 BKSTR - Miscellaneous 13.99 200520 01 APR 05 Dining Services 40.20 200520 G1 MAR-05 BKSTR Grocery 8.72 200520 01 MAR 05 Health Center Charge 20.00 200520 01 MAR 05 £KS'TR - Pa Sales Tax .96 200520 01 MAR 05 Dining Services 31.43 200520 01. MAR OS P.KSTR - Miscellaneous 55.99 200520 MAR 05 L;<STR - Txt Books 107.50 200520 P - Me,a1 F 1 -{n Spring 1,840.00 200520 i; i; P1-, .s,,lIarnernis Ct;_v:ge 10.00 200520 (uiS'?R'a S,llcs Tax .18 200520 ,F+ c5 Pin7nry Services 7.09 200520 FED -Pt ;IiSTIt Miscel laneous 3. 00 200520 O1 E13 01-. 3XS7n Text Books 278.95 200520 . i,N 05 Federal Perkins Lcan 268.80 q 200520 `A?Q OS Federal Perkins Loan 731.20 200532 •. .. JAN OS Federal :,ell Grant 950.00 200520 IS J AN 05 Supplemental Ed Opportunity Gr 1,000.00 200520 --CONTINUED ON NEXT PAGE***** 21-JUN-2007 14:57:53 ALL TERMS Dickinson College PAGE 2 Student Trans Summary Report TSRSSUM 900087401 Carr, Muhammad K Balance: 22,609.94 *****CONTINUED FROM PREVIOUS PAGE***** EFF DATE Description CHARGE PAYMENT TERM ??? '_q I 14 -JAN-05 Unsubsidized Fed Stafford Loan 1,830 .00 200520 14 -JAN-05 Subsidized Federal Stafford Lo 1,312 .00 200520 14 JAN 05 Unsubsidized Fed Stafford Loan 170 .00 200520 03 -JAN-05 Dining Services 20 .80 200520 03- JAN-05 Check Received on Account 1,151 .00 200510 03 -DEC-04 Unsubsidized Fed Stafford Loan 1,830 .00 200470 03 -DEC-04 Subsidized Federal Stafford Lo 1,313 .00 200470 01 -DEC-04 Finance Charge 65 .69 200470 29 -NOV-04 PA State Grant (PHEAA) 1,650 .00 200520 29 -NOV-04 Dickinson Grant 9,950 .00 200520 29- NOV-04 Student Activities Fee 150 .00 200520 aum I? 29- NOV-04 Tuition Spring 15,000 .00 200520 29- NOV-04 Housing Double - Spring 1,960 .00 200520 24- NOV-04 Dining Services 27 .25 200470 24- NOV-04 Federal Perkins Loan 1,000 .00 200470 19- NOV-04 Unsubsidized Fed Stafford Loan 170 .00 200470 i 02- NOV-04 nance Charge F 83 .24 200470 01- NOV-04 Dining Services 18 .84 200470 04- OCT-04 BKSTR - Pa Sales Tax .54 200470 04- OCT-04 Finance Charge -75 .09 200470 04- OCT-04 BKSTR - Miscellaneous 31 .70 200470 04- OCT-04 BKSTR - Supplies 3 .58 200470 04- OCT-04 BKSTR - Grocery .99 200470 04- OCT-04 BKSTR - Text Books 489 .00 200470 01- OCT-04 Finance Charge 73 .98 200470 01- OCT-04 Finance Charge 75 .09 200470 01- OCT-04 Dining Services 17 .84 200470 01- SEP-04 Dining Services 6 .95 200470 24- AUG-04 Federal Pell Grant 950. 00 200470 24 AUG-04 Supplemental Ed Opportunity Gr 1,000. 00 200470 17- AUG-04 Dickinson Grant 9,950. 00 200470 11- AUG-04 Health Insurance Student Fall -200 .00 200470 07- JUL-04 PA State Grant (PHEAA) 1,650. 00 200470 07- JIJL-04 Meal Plan - Fall 1,840 .00 200470 06 JUL-04 Transcript Fee 25 .00 200470 06- JUL-04 Student Activities Fee 150 .00 200470 06- JUL-04 Health Insurance Student Fall 200 .00 200470 06- JUL-04 Housing Double - Fall 1,960 .00 200470 06 JUL 04 Tuition Fall 15,000 .00 200470 07- JUN-04 Freshman/Transfer Deposit 500. 00 200470 TOTAL: ------- 59,985 ------- --- .94 --- -------- 37,376. ---- -- 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. 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: // - /7 - 617 F: \FILES\Clients\DickinsonCollege7619\Collections\Current\357\7619C.357, com rv C= o -? n7 'Te7 C co SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2007-07078 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DICKINSON COLLEGE VS CARR MUHAMMAD K 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: CARR MUHAMMAD K but was unable to locate Him in his bailiwick. He therefore deputized the sheriff of PHILADELPHIA County, Pennsylvania, to serve the within COMPLAINT & NOTICE On December 18th , 2007 , this office was in receipt of the attached return from PHILADELPHIA Sheriff's Costs: So answers.---- Docketing 18.00 Out of County 9.00 -?' Surcharge 10.00 R. Thomas Klink,"' Dep Phila County 116.00 Sheriff of Cuzerland County Postage 1.55 154.55 ? 12/18/2007 MARTSON LAW OFFICES Sworn and subscribe to before me this day of A. D. In The Court of Common Plem of Cumberland County, Pennsylvania Dickinson College VS. Muhammad K. Carr No. 07-7078 civil Now, November 27, 2007 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Philadelphia 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 Se??ce, Now, , 20 , at :1,,3 o'clock M. served the within upon at by handing to a and made known to ,? (1o-r 5 ECv6-D muveJ ou?f- ocD-fob- Sworn and subsci me this ( day 06-7 copy of the original So answers, COSTS SERVICE _ MILEAGE _ AFFIDAVIT NOTARIAL SEAL SUSAN L. c?0%`.1;:ELD. Notary Public City ^' Ohii?aeipn,G: ?hila. County ,.. M,y,Gommiasigr?x?ireS Marc 11, 200P the contents thereof. P4 /ado /,?+ : 7 County, PA F:\FILES\Clients\DickinsonCollege7619\Collections\Cuamt1357\7619C.357. pra Created: 3/5/03 2:23:29 PM Revised: I/ 10/08 3:34:40 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. MUHAMMAD K. CARR, Defendant To the Prothonotary: : NO. 07 - 7078 CIVIL TERM CIVIL ACTION - LAW PRAECIPE Please reinstate the Complaint in the above-referenced matter. MARTSON LAW OFFICES By Date: /-//- 018 Christopher E. Rice, Esquire I. D. Number 90916 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff This a debt collecting firm. Any information obtain will be used for that purpose. ^. c o - a o -? - I SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2007-07078 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DICKINSON COLLEGE VS CARR MUHAMMAD K 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: CARR MUHAMMAD K but was unable to locate Him deputized the sheriff of DELAWARE serve the within COMPLAINT & NOTICE County, Pennsylvania, to On February 14th , 2008 , this office was in receipt of t attached return from DELAWARE Sheriff's Costs: So answers: Docketing 18.00 Out of County 9.00 Surcharge 10.00 R.-Thomas Kline Dep Delaware Co 38.65 Sheriff of Cumberland County Postage 1.33 76.98 i/ z???/aF ?.. 02/14/2008 MARTSON LAW OFFICES Sworn and subscribe to before me this day of in his bailiwick. He therefore A. D. f ' In The Court of Common Pleas' of Cumberland County, Pennsylvania Dickinson College vs. Muhammad K. Carr Now, January 11, 2008 hereby deputize the Sheriff of No. 07-7078 civil I, SHERIFF OF CUMBERLAND COUNTY, PA, do Delaware 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 upon at by h ing to a and made known to 20 at o'clock copy of the original M. served the So answers, Sheriff of - COSTS Sworn and subscribed before SERVICE _ me this day of , 320,07 MILEAGE _ AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL KATHLEEN E. McCUEN, Notary Public Media Epro.. Delaware County My Commission Expires April 7. 2010 the contents thereof. County, PA $ F:\FILES\Clients\DickinsonCollege7619\Collections\Current\351\7619C.357. pra Created: 3/5/03 2:23:29 PM Revised: 4/7/08 3:24:32 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. MUHAMMAD K. CARR, Defendant To the Prothonotary: : NO. 07 - 7078 CIVIL TERM : CIVIL ACTION - LAW PRAECIPE Please reinstate the Complaint in the above-referenced matter. MARTSON LAW OFFICES By _5 Christopher E. Rice, Esquire I. D. Number 90916 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Date: Y/7/0 Attorneys for Plaintiff This a debt collecting firm. Any information obtained will be used for that purpose. C7 c Cm `n ? mil! ^?, , •• , vV , c ti n F FILES\Clients'\7619 Dickinson College\Collections\Current\357?7619C. 357. prat Created. 315103 223 29 PM Revised- 319/11 11 18.32 AM Christopher E. Rice, Esquire Attorney I.D. No. 90916 MARTSON DEARDORFF WI MARTSON LAW OFFICES Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff DICKINSON COLLEGE, Plaintiff V. MUHAMMAD K. CARR, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 07 - 7078 CIVIL TERM CIVIL ACTION - LAW PRAECIPE To the Prothonotary: By -? Christopher E. Rice, Esquire I. D. Number 90916 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Date: Attorneys for Plaintiff I This is a debt collecting firm fo Dickinson College. Any information obtained will be used for that purpose. S G it-01ZLoa," I Q4- as(e373 luII MAR -9 F1"1 2: 4*, OTTO GILROY & FALLER', U' M1 E RJ'_ fA4! D ? ? ... Please reinstate the Com?laint in the above-referenced matter. MARTSON LAW OFFICES SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson FILED-OFFICE Sheriff vttitt, of ,,rbr pig T-'F P' OTHCNC AR Y Jody S Smith$ Chief Deputy 1011 APR 20 Pty 2' 00 Richard W Stewart Solicitor OFF F ;_ R,GUMRERLAND COUNT PENNSYLVANIA Dickinson College vs. Muhammad K. Carr Case Number 2007-7078 SHERIFF'S RETURN OF SERVICE 03/10/2011 Ronny R. Anderson, Sheriff who being duly sworn according to law states that he made a diligent search and inquiry for the within named defendant, to wit: Muhammad K. Carr, but was unable to locate him in his bailiwick. He therefore deputized the Sheriff of Philadelphia County, Pennsylvania to serve the within Complaint and Notice according to law. 03/30/2011 Philadelphia County Return: And now, March 30, 2011 I, Thomas Karey, Process Server for Philadelphia County, Pennsylvania, do hereby certify and return, that I made diligent search and inquiry for Muhammad K. Carr the defendant named in the within Complaint and Notice and that I am unable to find him in the County of Philadelphia and therefore return same NOT FOUND. Request for service at 833 Wilder Street, Philadelphia, Pennsylvania 19147 is currently occupied by a new tenant and they do not know the defendant. SHERIFF COST: $37.44 April 19, 2011 SO ANSWERS, RON R ANDERSON, SHERIFF (c GountySulte Snenff. Teiecsoft Inc... SHERIFF'S OFFICE 9F CUMBERLAND COUNTY Ronny R Anderson , jr of """«Frr,,110 Sheriff Jody S Smith Richard W Stewart Chief Deputy OP-CE E c ` `-O" PF Solicitor Dickinson College Case Number vs. Muhammad K. Carr 2007-7078 0 N O 0 a x uj SERVICE COVER SHEET Category: Civil Action - Complaint & Notice Manner: Deputize Notes: Zone: Expires: 04/07/2011 Warrant: v o? a ]t. t cL Name: Muhammad K. Carr Served: Personally Adult In Charge Posted Other W Primary 833 Wilder Street Adult In Address: Philadelphia, PA 19147 Charge: z a Phone: .. ........ a ma_.... <.... .?.? .<. Relation: w ?.. , a ?__,_ .. _r. .... <. a .. ....,.. . Wm: ?._ .? uJ Alternate Date: Time: N Address: Deputy: Mileage: o Phone: .r I '?'. * ?i-.-?, ?' Aif 6rh by ?? 1r V :. ?f ?:• J',' -?,.','-. ;t ..l' 4 1 ?. tom,{5 ? . 00 y Name: Christopher E Rice Phone: 717-243-3341 SwW69 Ate: Date: °D Time: 0 ? Mileage. 0 N Deputy: Notes / Spi**"bYSt v n e: <z"? d-/VAQ 4z f P"Spgl c mfm-'e 36yIZ 0(d 2 Now, March 10, 2011 I, Sheriff of Cumberland County, Pennsylvania do hereby deputize the Sheriff of Philadelphia County tc = exe is herewith and make return thereof according to law. Return To: Cumberland County Sheriffs Office One Courthouse Square Carlisle, PA 17013 onny R Anderson, Sheriff F.\FILES\Clients\7619 Dickinson College\Collections\Current\357\7619C, 357.pra Christopher E. Rice, Esquire FILED-OFFICE; n, F THE PPI??'H?:??`-? Attorney I.D. No. 90916 + ) MARTSON DEARDORFF WILLIAMS OTTO GILROY & FAMG _3 MARTSON LAW OFFICES T MBERLANO COUt'J_ en East High Street ?MNSYL°?.? 1 Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff DICKINSON COLLEGE, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. MUHAMMAD K. CARR, Defendant To the Prothonotary: NO. 07 - 7078 CIVIL TERM CIVIL ACTION - LAW PRAECIPE Please reinstate the Complaint in the above-referenced matter. MARTSON LAW OFFICES Christopher E. Rice, Esquire I. D. Number 90916 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Date: Attorneys for Plaintiff This is a debt collecting firm attempting to collect a debt for Dickinson College. Any information obtained will be used for that purpose. as f d why c!? yJ/F w4- ).b'-71V FAClients\7619 Dickinson College\7619.Collections\7619.C.Current\357 Carr, Muhammad\7619C.357.pra2.wpd Christopher E. Rice, Esquire Attorney I.D. No. 90916 R. Christopher VanLandingham, Esquire Attorney I.D. No. 307424 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES O 1012 FEg 22 AM 10: i t CU??SYI LAND COIUNTY Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff DICKINSON COLLEGE, IN THE COURT OF COMMON PLEAS OF Plaintiff V. MUHAMMAD K. CARR, Defendant To the Prothonotary: CUMBERLAND COUNTY, PENNSYLVANIA NO. 07 - 7078 CIVIL TERM CIVIL ACTION - LAW PRAECIPE Please reinstate the Complaint in the above-referenced matter. MARTSON LAW OFFICES B /wc_? le Christopher E. Rice, Esquire I. D. Number 90916 R. Christopher VanLandingham, Esquire I.D. Number 307424 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Date: Attorneys for Plaintiff This is a debt collecting firm attempting to collect a debt for Dickinson College. Any information obtained will be used for that purpose. CL) C??-as? ?a {J, c? 7/330 Tub P Q T lONO T , DICKINSON COLLEGE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. MUHAMMAD K. CARR, Defendant NO. 07 - 7078 CIVIL TERM CIVIL ACTION - LAW ORDER AND NOW, this 13A day of ?? , 2012, this matter came on the ex parte motion of Plaintiff in the above-entitled action for an Order directing service of the Complaint in the action on Defendant by publication thereof in a newspaper of general circulation most likely to give notice to Defendant, and on the Affidavit of R. Christopher VanLandingham, Esquire, with R. Christopher VanLandingham, Esquire, appearing as attorney for Plaintiffs; and It appearing to the Court from the Affidavit, the verified Complaint, and the evidence adduced by this Motion that a good cause of action exists in favor of Plaintiffs and against Defendant; and It further appearing that the Complaint was issued in this action on November 26, 2007; and It further appearing that Defendant cannot be found despite diligent efforts in the Commonwealth of Pennsylvania by both the Sheriff's office and by counsel of Plaintiff; and It further appearing that personal service of the Complaint cannot be made on Defendant within the Commonwealth of Pennsylvania for the reason stated above; and It further appearing that service of the Complaint cannot be made on Defendant by any manner other than publication; It further appearing that Defendant's last known address was in Philadelphia County, Pennsylvania, now, therefore, IT IS ORDERED that: Service of the Complaint in this action shall be made in conformance with LRCP 430.2 of Philadelphia County by publication one (1) time in the Legal Intelligencer and one (1) day in all editions of a daily newspaper of general circulation designated as most likely to give notice to L? Defendant. BY THE COURT: J. Distribute to: ? Christopher E. Rice, Esquire MARTSON LAW OFFICES Ten East High Street Nmi Carlis le, PA 17013 C-y -, =rr, TO r' cnr- -- ? v .r.; rv TA F:\F[LES\Clients\7619 Dickinson College\%l9.Collec[ions\7619C.Current\7619C.357 Carr, Muhammad\7619C.357.mot.publication.wpd Christopher E. Rice, Esquire Attorney I.D. No. 90916 R. Christopher VanLandingham, Esquire Attorney I.D. No. 307424 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff ~ `~' C ~"~ ~~ "~ `i Zrm ~ ~~ c~n~ ~~ ~r ~ ~ ~ ,~ ~ _ c-a ~4~. ~•/ • _$ ~ ~ ~w ~C> .r I . -i ~~ M hx4a y ~ .:.~ DICKINSON COLLEGE, Plaintiff v. MUHAMMAD K. CARR, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVAI NO. 07 - 7078 CIVIL TERM CIVIL ACTION -LAW MOTION FOR SERVICE BY PUBLICATION AND NOW, comes Plaintiff Dickinson College ("Plaintiff') by and through its attorn ys MARTSON DEARDORFF WILLIAMS OTTO GILROY AND FALLER and moves the Cou as follows: 1. On November 26, 2007, Plaintiff filed a Complaint against Defendant Muham ad K. Carr ("Defendant"). A cause of action exists against Defendant and Defendant is the necess and proper party to the action. 2. The original Complaint in this action was delivered to the Sheriff of Cumberl nd County, who deputized the Sheriff of Philadelphia County for personal service thereof upon he Defendant. On December 18, 2007, the Sheriff returned a Sheriff's Return of Service stating t at service was not made as Defendant did not reside at the residence. ~~ 3. The Complaint was reinstated and delivered to the Sheriff of Cumberland Cou ty who deputized the Sheriff of Delaware County for personal service at an alternate address. n February 14, 2008, the Sheriff returned a Sheriff's Return of Service stating that service was of made as the residence was a "Bad Address." 4. Plaintiff continued to search for Defendant. The complaint was reinstated again d delivered to the Sheriff of Cumberland County who deputized the Sheriff of Philadelphia Cou ty for service at an address of 833 Wilder Street, Philadelphia, PA 19147. On April 19, 2011, the Sheriff returned a Sheriff s Return of Service stating that the residence is currently occupied l~y a different tenant. ', 5. Plaintiff continued to search for Defendant. The complaint was reinstated again nd delivered to the Sheriff of Cumberland County who deputized the Sheriff of Philadelphia Cou ty for service at an address of 4131 Spring Garden Street, Philadelphia, PA 19104. On September 12, 2011, the Sheriff returned a Sheriff's Return of Service stating that the residence is curre tly occupied by a different tenant. 6. Plaintiff, through its attorney, utilized Accurint to locate Defendant, but again, he address(es) returned were the addresses listed in the Complaint and/or attempted by the Sheriff, d the examinations of, among other things, the phone, voter, tax, and motor vehicle records faile to locate Defendant. 7. An affidavit pursuant to Pa.R.C.P. 430 is attached hereto as Exhibit "A." 8. It is the Plaintiff's contention that normal service of Defendant under Pa. R.C.P. 00 and service by mail under Pa. R.C.P. 403 are not possible in this case. 9. Plaintiff has conducted the necessary examinations to fulfill the good faith of rt requirement of Pa. R.C.P. 430. WHEREFORE, Plaintiff prays this Court issue an Order directing service by publi Respectfully submitted, MARTSON LAW OFFICES rl~/G~ B Y Lnnstopner t:. xice, tJsquire LD. No.90916 R. Christopher VanLandingham, Esquire I.D. No. 307424 Ten East High Street Carlisle, PA 17013-3093 (717) 243-3341 Date: ~ ~ ~ q~ ~ ~ Attorneys for Plaintiff EXHIBIT "A" F:\FILES\Clients\7619 Dickinson College\7619.Collections\7619C.Current\7619C.357 Cart, Muhammad\7619C.357.mo[.publication.wpd Christopher E. Rice, Esquire Attorney I.D. No. 90916 R. Christopher VanLandingham, Esquire Attorney I.D. No. 307424 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff DICKINSON COLLEGE, Plaintiff v. MUHAMMAD K. CARR, Defendant 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVAN NO. 07 - 7078 CIVIL TERM CIVIL ACTION -LAW AFFIDAVIT PURSUANT TO Pa.R.C.P. 430 COMMONWEALTH OF PENNSYLVANIA ) :SS. COUNTY OF CUMBERLAND ) R. Christopher VanLandingham, Esquire, being duly sworn according to law, deposes says: 1. Affiant is the attorney for Plaintiff in the above-captioned action and is familiar ith all facts and circumstances in this action. 2. This affidavit is in support of Plaintiff's service of the Complaint by Publicat'on pursuant to Pa. R.C.P 430. 3. This action was brought to recover monies owed to Plaintiff by Defendant. 4. A Complaint in this action was filed on or about November 26, 2007, in the Cc of Common Pleas, Cumberland County, Pennsylvania. A cause of action exists against Defenc and Defendant is the necessary and proper party to the action, as shown by the Complaint, a c of which is attached as Exhibit "1" and made a part of this affidavit. 5. The Complaint was delivered to the Sheriff of Cumberland County, who deputi the Sheriff of Philadelphia County for personal service thereof upon the Defendant. On Decem 18, 2007, the Sheriff returned a Sheriff s Return of Service stating that service was not Defendant did not reside at the residence. 6. The Complaint was reinstated and delivered to the Sheriff of Cumberland Coi who deputized the Sheriff of Delaware County for personal service at an alternate address. February 14, 2008, the Sheriff returned a Sheriff's Return of Service stating that service was made as the residence was a "Bad Address." 7. Plaintiff continued to search for Defendant. The Complaint was reinstated again delivered to the Sheriff of Cumberland County who deputized the Sheriff of Philadelphia Coi for service at an address of 833 Wilder Street, Philadelphia, PA 19147. On April 19, 2011, Sheriff returned a Sheriff's Return of Service stating that the residence is currently occupied different tenant. as a 8. Plaintiff continued to search for Defendant. The complaint was reinstated again nd delivered to the Sheriff of Cumberland County who deputized the Sheriff of Philadelphia Co ty for service at an address of 4131 Spring Garden Street, Philadelphia, PA 19104. On September 2, 2011, the Sheriff returned a Sheriff's Return of Service stating that the residence is curre tly occupied by a different tenant. 8. Plaintiff continued to search for Defendant but has been unable to locate him and Complaint was re-instated again on August 29, 2012. 9. Plaintiff has made agood-faith effort to locate Defendant by conducting investigation which included the following: a) a search of nationwide telephone directories; b) inquiries of postal authorities; c) a search of criminal records; 10. Plaintiff made another attempt to locate Defendant through a paid locator an Accurint. The locator service searched phone listings, voter registration records, tax records, drive 's license records, possible relatives and additional information. None of the information provided by Accurint assisted in locating Defendant and listed Defendant at the address(es) where the attempted service. 11. Affiant still does not know the residence of Defendant although Affiant: has m~de numerous inquiries. All of the above actions provided addresses that are no longer valid for Defendant. 12. Affiant believes that Plaintiff will be unable to locate and serve Defendant person I lly within the Commonwealth of Pennsylvania and has made the necessary examinations to fulfill he good faith effort requirement of Pa.R.C.P. Rule 430. ~. R. Christopher VanLandingham, Esquire Sworn to and subscribed before me this a `~ day of A ~,~as~ , 2012. r N ublic coMMONwEa:>r of ~r~snva~v- s..~ Mary M. iMa, Nt~y Publk GMWe doter gwnbrMnd CauMy 1d 2015 EXHIBIT " 1 " F'FILES`Clients.DickinsonCutlegc7619tCuilectwns`Currer.C35TJh 19C.357.com Created 3x5103 ? '_3 ?9 PM Rreistd 10.30'0" } V ;1 PN Christopher E. Rice, Esquire Attorney I.D. No. 90916 ~1ARTSON 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 Plaintiff CUMBERLAND COUNTY, PENNSYLV v. MUHAMNIAD K. CARR, Defendant a {'` ry r~ .7 'T7 ~ ~~ t 1 -~" _ ~~ .. r_I -~ -. .-; ~•- _'+ .. --~ -, ~ ;:~ __ ,, -; NO. 07 - :'~: 'aa' CIVIL TER,'VI CNIL ACTION -LAW NOTICE You have been sued in court. If you wish to defend against the claims set forth i~ fallowing pages, you must take action within twenty (20) days after this Complaint and Notic served, by entering a written appearance personally or by attorney and filing in writing with the I your defenses or objections to the claims set forth against you. You are warned that if you fail so, the case may proceed without you and a judgment may be entered against you by the I without further notice for any money claimed in the Complaint or for any other claim or ~ 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 HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT h1AY OFFER LEG 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 ~•?~! ~siil~f ~ , r +riiiiii ,~~ ~Qv _, _... '. :..,.. _.. ~ 1. he ire do Lt iii= _ _ , 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 Attorne s for Plaintiff DICKINSON COLLEGE, IN THE COURT OF COMMON PLEAS O Plaintiff CUMBERLAND COUNTY, PENNSYLVA v. NO. 47 - ~ ?~' ~ > ~ CIVIL TERM CIVIL ACTION -LAW MUHAMMAD K. CARR, Defendant COMPLAINT AND NOW, comes Plaintiff, Dickinson College, by and through its attorneys, MART5 N DEARDORFF WILLIAMS OTTO GILROY & FALLER, and hereby avers as follows: 1. Plaintiff Dickinson College (hereinafter "Dickinson") is a Pennsylvania educati nal institution with its principal offices located in Carlisle, Cumberland County, Pennsylvania. 2. Defendant, Muhammad K. Can: (hereinafter "Student"), is an adult individual wh se last known address is 4131 Spring Garden Street, Philadelphia, Philadelphia County, Pennsylva is 19104. COUNTI BREACH OF CONTRACT 3. Paragraphs 1 through 2 are incorporated herein by reference as if set forth in f below. 4. Student is currently or was recently enrolled at Dickinson. 5. Student opened a Student Receivables r•~ccount (hereinafter "Account") wi Dickinson to pay tuition, dining service fees and other educational expenses provided and render to Student by Dickinson. A true and correct copy of that Account is incorporated by reference ar attached as Exhibit "A." all th 6. Student, by opening the Account and using the goods and services provid~d by Dickinson, agreed to pay Dickinson for all charges made to the Account. 7. Student received and accepted all goods and services provided by Dickinso and thereby agreed to payment for said goods and services. 8. The terms of repayment required Student to pay all balances 14 (fourteen) days the beginning of each semester. 9. Student defaulted on the repayment of the Account by not paying the balance due. 10. Notices were forwarded to Student informing her of her default and right to cure default. 11. Student failed to cure such defaults. 12. The total amount which is immediately due and payable to Dickinsan by Stude ton the Account is Twenty-two Thousand Six Hundred Nine Dollars and 94/100 ($22,609.94). WHEREFORE, Plaintiff Dickinson College demands judgment against Defend t, Muhammad K. Carr, in the sum of Twenty-two Thousand Six Hundred Nine Dollars and 94/ 00 ($22,609.94), plus late fees, costs of suit and interest from date of judgment. COUNT II IN QUANTUM 11TERUIT In the alternative, if this Honorable Court should determine that an express contract Dickinson and Muhammad K. Can: does not exist, which is denied, Dickinson pleads the followi~g: 13. Paragraphs 1 through 12 are incorporated herein by reference as if set forth in full. 1 ~l. Because Dickinson loaned money to Student, to the benefit of Student, S became liable to Dickinson for said money. 1 ~, Student was un}ustly c;nriched by accepting said money n-ithout paying Dicki reasonable compensation therefor. 16. The total amount by which Student has become enriched is Twenty-two Six Hundred dine Dollars and 941100 (522,609.94). 17. Dickinson demanded payment of the above sums but Student failed and refused to do so. WHEREFORE, Plaintiff Dickinson College demands judgment against Defen ant, Muhammad K. Can, in the sum of Twenty-two Thousand Six Hundred Nine Dollars and 9 100 ($22,609.94), until Muhammad K. Carr's obligation is paid in full, plus late fees, costs of sui and interest from date of judgment. MARTSON LAW OFFICES i y ,i ~, r BY ~~-- ,,_ ~_- ~- Christopher E. Rice, Esquire I. D. Number 90916 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Date: ~~ _ ; ~, .~ ? Attorneys for Plaintiff This a debt collecting firm. Any information obtain will be used for that purpose. _._ .::,e. ~ ~,~ ~a -- - ------- _ - - _ r ,. _ _ ~ - l ~ „y - -. - •_ -;1-r----~~--- - - --- - _.._ ,- _,_...._ _ - p__r.g -- _.0_.,.,. iCS.iG ,_ _ -_. ..t _.,~. _ . _ ._;C .: ,:_.._ .. -~~--~., 44.49 ~ ,C ;` G LZ 'lJt. Ci'~ ~~ .,.. ,, ~_.._rg ~.<_v_ces :3.99 200670 ~.. -C~.7,-Cc: 0.r._^g .lervices ~ 47.31 200670 G2-GC:'-;u ~KSTR - ~CXt HGCkS ~ 223.25 2006"'0 ~2 OC'"-CG Bf<:>'~Z - Pa Sales .ax ~ 2.46 2006;0 02 OCT-;6 BKSTR - '~'5celianeo~~s { 40. G8 200070 ~2-OC':-u BI:S.R - C_cc~rrY ~ 2.75 2006"0 _ Sc?- C6 Ju,_rg :" -_ /:ces 4.80 ~OC670 _ .;..~-,~: .,~~.cea ;;ealth ir.s;r3nce i 53C.G0 ~~OF,^0 ~; ,~~~ ~: :__._,_ ~g f_-gle - Fall 2,3iG.C0 200670 _ .;U~-CE. T_._c_cr. T:ii i6, 735. 00 20G670 _ ~~J:.-C6 _cuder.t Act~v_t_es Fea Fall ~ 167.00 200670 CG .. ,..-,iF T.ea_ Flar. - Fall ~ 2,OSS.JO 200670 r; ,. ,L-06 'o~_a~rg Gep~~e:t Charge .j -_ J:,N-G Bad C~zct la~ae Cff .-2-00-G 0- -2,103.31 20G6i0 2oos7o _ '~~ \ .. -tom ~ i'~~ID (.'r~1' r, `]~~~It..~t'' . _ tEi,Y-G5 Loc;~ ~La Fee .,sfety & security S.OC 2CC~,20 •?I(;7.~` ,. ~"P..-,~ 'I<S':R - ,:~_Pry E.cO 2GG.,20 .. ^!:,2' J` .._r._~:g .~<_•i_-_.~ c0. 93 2G:52J ~ ,... ._ '..._ - .-,.._... .7.20 :. .._~, __ ~7!v-?~ _; _-._7 G= ..'ckir.son College ?AGE 2 .._ ~ ._..-~!!S S_..~er.t .ra:a ~. x:rarv Reccrt _CRSSGi'1 = iGs'o74J: Ca. ?"::^a;tt^tad K _a_ar=e: 22 ,609.74 _ p ~ ..- : ~__._ ed ... .....`_f~:.~ ~c ,312 . GO ~JG.,i0 --1, .,... ~_ ...:_.....__c.__'C; ~y r'eQ ~_.~~'Ord u~:I P. ~7G . JG .~. 'Jv520 _ ,-:.PJ GC .~..._ .~.~v.c.. 20 .60 ~dGS2J ....bl 0~ _..~icn ..__c; ad ~t: .._~_~..a _. .JC 20C~:0 ._ :JF:C :.4 Cr.~~.~:.'c_._d_:~c-c .'ed S-affc~fl .,can 1, 830 . C0 2CC~70 ~.,_ ., _i~ _~~_-d .-cu:..,_ .>~,;1=crd~0 1,3_3 .70 200•;,.. :i=C-':. _....-_~. ',1_3_'3e 6~ .b9 206470 25 .,CV-G-L ?P. State ~_~...nt ~ri?E;iA; 1,u50 .00 2C0~20 ~~ >:C'J-84 ..,.cF_rscr. ~_:,~r.c 9,950 .00 2GC520 ?~t -p;r,V G4 St•.:dent ,:ctiv_t.~~s Fee 150 .00 2005201,1(i~~~Cl I ~. -NOV-;. .~~ticn E'pnng 15,000 .00 2Cv520 29 --AIOV-C4 rouging Doub'_e - Spring 1,960 .00 200520 24 -?lOV-04 Din_:Zg Services 27 .25 200470 .3 -NGV-04 ?aderal jerkins :.can 1,000. 00 200470 19 -NO'J-J4 IIrsubs_6~zed Fed Staf°ord Lcan 170. 00 200470 ~ '/ ij~G~~ ~~~ C2 -NOV-C4 Finance =barge 83. 24 , 200470 C. -NOV-04 Cining Services 18. 44 200470 ~~ -OCT-;4 B;:QTR - ?a Sales Tax . 54 200470 ~''I -OCT-G4 Finance Charge -75. 09 20C470 :4~ OCT-Cv 3i?STR - '~!iscel~aaeous 31. 70 20C470 ~Y -•:CT-0'4 5I<STR - S:.ppl~'es 3. 58 200470 ,; -GCT-09 PKS"R - .,rccery . 99 200470 G4 JCT-C4 3KSTR - Text &coks 489. 00 200470 ,_- prT-04 Fi.:a;Ce Charge 73. 98 200470 Gi.- J~'T-G4 F1.^: i:iCe '~i"12_~2 7J. G9 21iG470 ,_ ~CT-C4 C~:'_-c] ..erV'_ceS 17. 84 2CC470 ;_ ~E?-0Y ~_r.ir,~ .:e~v~.^ea ~ 6. 95 2004;0 _, ;--.,~-J4 :e~ie_a_ Fe_1 __~..a 950. J0 ..:04:6 %~~~~L~~~~% :4 ,.JG- .. -=c,,..~,11 ~d ~r~ =to:~_ty 3r 1, ^00. 00 2C047G :.. ;,~_-~.,~ ; _. _r-....-..~,. _,.-.,r.t 9,950. 00 ~.,G47G . ..,_-'J4 ;_~~,,.r. _..,.~,,.._ .,~~;,i,=nt r.31~ -~oa. ac zccY7o .h.~ '•I ., .;r.:r.. _.--r.~ :'?EAA) 1,550. ., 20;4,0 :- .. -, ~.. -. - - - ~.. 1, 50. 60 + \ 2G~V~ `i~~~;~~10,~.,~.-I ~~ ..... ,, -:...... --~ _ _ ::x. 70 .._..Y'„ _ _ _ , - _,_ . ~__ .:.., .. _..._...., ._,.,.,,.a VERIFICATION I, THOMAS MEYER, Bursar of Dickinson College, acknowledge that I have the auth city to execute this Verification on behalf of Dickinson College and certify that the foregoing Comp aint is based upon information which has been gathered by my counsel in the preparation of this la uit. 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 tha 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. 6 4 04 relating to unsworn falsification to authorities, which provides that if I knowingly make f lse averments, I may be subject to criminal penalties. Dickinson College .-- Thomas Meyer Bursar Dated: ; ~! - / 7 F 'FILES\C. itnts' D:ck msonCe Ilege-n I9`.Colfections' Current\357\ ; 619C. J 5 i .cum f ~ ~ '' t ... i . [r ~, .. t ..^ ~. .' ~v ~ -'~ ~~ ~.t, ~ ~ .,. O ~ 1 ~ -~ ~ , _. . i ~ ~ s ,~ U _ .* ~ r, ~~~' ~ +, ~' ~,d ....... .-- a ~ ~ ~ . .~{ y ~~ _ ~ -Q. Z:' z ~~ m ~ o ~,~ ~~ ~,~ -C ~': ~ ~~: F.\FILES\Clien[s\7619 Dickinson College\7619.Collections\7619GCurrenP.7619C.357 Carr, MuhammadV619C.357.pra2.wpd l.t j ~tt1 AUG 29 AM i0~ 35 Christopher E. Rice, Esquire ~~~ ~~~~`'~ Attorney LD. No. 90916 ~ ,; ~,~(~~'~, rA R. Christopher VanLandingham, Esquire Attorney LD. No. 307424 ~~~, ~~3 ~ ~( .-~~y MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER ' (~`~}w ~` ~ MARTSON LAW OFFICES Ten East High Street ,;c ~~~ 9 ~~- Carlisle, PA 17013 (717) 243-3341 Attorne s for Plaintiff DICKINSON COLLEGE, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVAN A v. MUHAMMAD K. CARR, Defendant To the Prothonotary: NO. 07 - 7078 CIVIL TERM CIVIL ACTION -LAW PRAECIPE Please reinstate the Complaint in the above-referenced matter. Date: $`~~~~~~/ MARTSON LAW OFFICES ~~ By istopher E. Rice, Esquire I. D. Number 90916 R. Christopher VanLandingham, Esquire LD. Number 307424 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff This is a debt collecting firm attempting to collect a debt for Dickinson College. Any information obtained will be used for that purpose. SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor ~ ~«t,~,. ~,~'~~i ~~ ~~~ -.i v S vl I i .. Dickinson College vs. Case Number Muhammad K Carr 2007-x'078 SHERIFF'S RETURN OF SERVICE 10/02/2012 Ronny R. Anderson, Sheriff who being duly sworn according to law states that he made a diligent search and inquiry for the within named defendant, to wit: Muhammad K. Carr, but was unable to locate him in his bailiwick. He therefore deputized the Sheriff of Philadelphia County, Pennsylvania to serve the within Complaint and Notice according to law. 10/18/2012 Philadelphia County Return: And now, October 18, 2012 I, Jewell Williams, Sheriff of Philadelphia County, Pennsylvania, do hereby certify and return, that I made diligent search and inquiry for Muhammad K. Carr the defendant named in the within Complaint and Notice and that I am unable to find him in the County of Philadelphia and therefore return same NOT FOUND. Deputies attempted service at 505 Titan Street, Philadelphia, Pennsylvania 19147, but were advised by the current resident Muhammad K. Carr was the previous tenant ending occupancy over one year ago. SHERIFF COST: $37.45 SO ANSWERS, October 24, 2012 RON R ANDERSON, SHERIFF ~ ,~ -~ C SHERIFF'S OFFICE OF CUMBERLAND COUNTY ~ ~~ ~ Ronny R Anderson ~ `''"''~_~. Sheriff ~ `~ Jody S Smith Richard W Stewart Chief Deputy Solicitor Dickinson College Case Number vs. Muhammad K. Carr f 2007-7078 r SERVICE COVER SHEET ° N N SeNICe Details: ° Category: Civil Action -Complaint & Notice Zone: X Manner: Deputize Expires: 10!29/2012 Warrant: w Notes: v rn T Q a Serve To Final Service: Q = Name: Muhammad K. Carr Served: Personally ~ Adult In Charge Posted ~ Other a w Primary 505 Titan Street Adult /n Q Address: Philadelphia, PA 19147 Charge: J a Phone: DOB: Relation: w Alternate Date: Time: ~ Address: ' H N Z Phone: Deputy: Mileage: Q F- ~' Attorney / Originafor: 0 'n Name: Christopher E Rice Phone: 717-243-3341 Service Attempts: Date: ~ ~ 4 J,~ r -, ...., _ _~~ _,.__._ _. ~. ~~ b. ~_ ~ f t- ;.._. ~ i ~~_.__. _._ ~ ~.e.-__-h ----- - ._~~ ~ Time: .-- ~- -s' _ ~._ w ~~.___ Mileage: ~'J '~ ~' ~.~~ ~ ~-~~_.p ,~ ~ j~ ,el,~ ~ ' __.~ _~ ., _ ~ ~~ ,.. , ~ _e._ _~.. .. _ ,_, _ c De ut ' l ~ ~, p y' _ P -'G -ti ~ .~x~~l~~~~-- Notes 1 Special Instructions: / ,y , f( { --J Q "f~ * ~ ~~~ ~~'~ "`ice ~-,~^ d~ a Now, October 02, 2012 I, Sheriff of Cumberland County, Pennsylvania do hereby deputize the Sheriff of Philadelphia County to execute service of the documents herewith and make return thereof according to law. Return To: ~ ,,---, ~,~ Cumberland County Sheriff's Office ~.!~/.~'~ U One Courthouse Square Carlisle, PA 17013 F~onny R Anderson, Sheriff FAFILESTlients\7619 Dickinson College\7619.Collections\7619C.Curre,,1\761s; �57 '-M 7� v,,pd, Ti I 3 19 PH 12: 53 Christopher E. Rice, Esquire 4.1 r'UMBERLAND coijI,4Ty Attorney I.D. No. 90916 PENNSYLVANIA R. Christopher VanLandingham, Esquire Attorney I.D.No. 307424 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 - 7078 CIVIL TERM MUHAMMAD K. CARR, CIVIL ACTION - LAW Defendant PRAECIPE To the Prothonotary: Please reinstate the Complaint in the above-referenced matter. MARTSON LAW OFFICES By___� Christopher E. Rice,Esquire I. D. Number 90916 R. Christopher VanLandingham, Esquire I.D.Number 307424 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Date: j l Attorneys for Plaintiff .This is a debt collecting firm attempting to collect a debt for Dickinson College. Any information obtained will be used for that purpose. -3 fl�, _ F1FILES\Clients\7619 Dickinson College\7619.Collections\7619C.Current\7619C.357 Carr,Muhammad\7619C.357.mot.ser e.mail.wpd .�� 1 i E r R 0 T H 01114 0 1 j', -t•,r 1:� t 2013 JUL 22 AM If: 31 CUMBERLAND COUNTY PENNSYLVANIA Christopher E. Rice, Esquire Attorney I.D. No. 90916 R. Christopher VanLandingham, Esquire Attorney I.D. No. 307424 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 - 7078 CIVIL TERM MUHAMMAD K. CAM CIVIL ACTION - LAW Defendant MOTION FOR ALTERNATE SERVICE AND NOW, comes Plaintiff Dickinson College ("Plaintiff') by and through its attorneys MARTSON DEARDORFF WILLIAMS OTTO GILROY AND FALLER and moves the Court as follows: 1. On November 26, 2007, Plaintiff filed a Complaint against Defendant Muhammad K. Carr("Defendant"). A cause of action exists against Defendant and Defendant is the necessary and proper party to the action. 2. The original Complaint in this action was delivered to the Sheriff of Cumberland County, who deputized the Sheriff of Philadelphia County for personal service thereof upon the Defendant. On December 18, 2007, the Sheriff returned a Sheriff's Return of Service stating that service was not made as Defendant did not reside at the residence. 3. The Complaint was reinstated and delivered to the Sheriff of Cumberland County who deputized the Sheriff of Delaware County for personal service at an alternate address. On February 14, 2008, the Sheriff returned a Sheriffs Return of Service stating that service was not made as the residence was a"Bad Address." 4. Plaintiff continued to search for Defendant. The complaint was reinstated again and delivered to the Sheriff of Cumberland County who deputized the Sheriff of Philadelphia County for service at an address of 833 Wilder Street, Philadelphia, PA 19147. On April 19, 2011, the Sheriff returned a Sheriff's Return of Service stating that the residence is currently occupied by a different tenant. 5. Plaintiff continued to search for Defendant. The complaint was reinstated again and delivered to the Sheriff of Cumberland County who deputized the Sheriff of Philadelphia County for service at an address of 4131 Spring Garden Street,Philadelphia,PA 19104. On September 12, 2011, the Sheriff returned a Sheriff's Return of Service stating that the residence is currently occupied by a different tenant. 6. Plaintiff, through its attorney, utilized Accurint to locate Defendant, but again, the address(es)returned were the addresses listed in the Complaint and/or attempted by the Sheriff,and the examinations of, among other things, the phone, voter,tax, and motor vehicle records failed to locate Defendant. 7. An affidavit pursuant to Phila. Civ. R. 430.1. is attached hereto as Exhibit"A." 8. It is the Plaintiff's contention that normal service of Defendant under Pa.R.C.P.400 and service by mail under Pa. R.C.P. 403 are not possible in this case. 9. Plaintiff has conducted the necessary examinations to fulfill the good faith effort requirement of Phila. Civ. R. 430.1. 10. Defendant is believed to reside in Philadelphia County and his last known address is in Philadelphia County. Philadelphia County Local Rule 430.1 allows for service by mail in certain situations as stated below: (A) Right of Service. Pursuant to Pa.R.C.P. No. 430, the plaintiff has the right of service in such manner as the Court by special Order shall direct in cases where service cannot otherwise be made. (B) Procedure. When a return of"Not Found" or its equivalent has been made after more than one attempt to make service by the Sheriff or where the first return of"Not Found" indicates that further attempts at personal service would not be successful,the plaintiff s counsel may request an order permitting service of the complaint by regular mail to the defendant's last known address by filing an affidavit in accord with either paragraphs(1)and (2)or paragraph(3)below,accompanied by an attached copy of the current docket entries. (1)An averment of a good faith investigation made to ascertain the present residence of the defendant, which must consist of at least three of the following: (a)An examination of telephone directories. (b)Inquiries made of neighbors or relatives. (c) Inquiries made of employers or former employers. (d)Inquiries made of credit bureaus. (e)An examination of public records or any other records required to be kept by law, i.e., information from Post Office Department pursuant to Freedom of Information Act, Bureau of Motor Vehicles, etc. (f) Any other specifically averred investigation which is reasonably calculated to provide information on the defendant's whereabouts. (2) In addition to the requirements set forth in paragraph (1) above, affidavits shall include the specific inquiries made and the specific responses received from the plaintiffs investigation, including the dates thereof. If inquiries and/or responses were made by mail,a copy of all correspondence shall be submitted with the required affidavit. (3)An averment that to the best of plaintiff s counsel's personal knowledge, information and belief the address given is defendant's residence and the manner in which said address was obtained. (C) Notification of Filing. If the name and address of defendant's counsel is known, then a copy of the filing must be forwarded by regular mail but there is no requirement for service on the defendant. (D)Motion Court Procedure. Filings made in accord with this procedure are exempt from Philadelphia Civil Rule *208.3(b)(3). Phila. Civ. R. 430.1. 1.1. Plaintiff has conducted the necessary examinations to fulfill the good faith effort requirement of Phila. Civ. R. 430.1. 12. No judge has previously ruled in this matter. 13. Plaintiff has not sought the concurrence of the opposing party as the party cannot be located. WHEREFORE, Plaintiff prays this Court issue an Order directing service by mail pursuant to Phila. Civ. R. 430.1. Respectfully submitted, MARTSON LAW OFFICES By: O"CA 57 - /� Christopher E. Rice, Esquire I.D. No.90916 R. Christopher VanLandingham, Esquire I.D. No. 307424 Ten East High Street Carlisle, PA 17013-3093 (717) 243-3341 Date: 1119 1 Attorneys for Plaintiff EXHIBIT "A" FABLES\Clients\7619 Dickinson College\7619.Collections\7619C.Current\7619C.357 Carr,Muhammad\7619C.357.mot.serve.mail.wpd Christopher E. Rice, Esquire Attorney I.D. No. 90916 R. Christopher VanLandingham, Esquire Attorney I.D. No. 307424 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 - 7078 CIVIL TERM MUHAMMAD K. CARR, CIVIL ACTION - LAW Defendant AFFIDAVIT PURSUANT TO Phila. Civ. R. 430.1 COMMONWEALTH OF PENNSYLVANIA ) :SS. COUNTY OF CUMBERLAND ) Christopher E. Rice, Esquire, being duly sworn according to law, deposes and says: 1. Affiant is the attorney for Plaintiff in the above-captioned action and is familiar with all facts and circumstances in this action. 2. This affidavit is in support of Plaintiff's service of the Complaint by alternative service pursuant to Phila. Civ. R. 430.1. 3. This action was brought to recover monies owed to Plaintiff by Defendant. 4. A Complaint in this action was filed on or about November 26, 2007, in the Court of Common Pleas, Cumberland County, Pennsylvania. A cause of action exists against Defendant and Defendant is the necessary and proper party to the action, as shown by the Complaint, a copy of which is attached as Exhibit "1" and made a part of this affidavit. 5. The Complaint was delivered to the Sheriff of Cumberland County, who deputized the Sheriff of Philadelphia County for personal service thereof upon the Defendant. On December 18, 2007, the Sheriff returned a Sheriff's Return of Service stating that service was not made as Defendant did not reside at the residence. 6. The Complaint was reinstated and delivered to the Sheriff of Cumberland County who deputized the Sheriff of Delaware County for personal service at an alternate address. On February 14, 2008, the Sheriff returned a Sheriff's Return of Service stating that service was not made as the residence was a"Bad Address." 7. Plaintiff continued to search for Defendant. The Complaint was reinstated again and delivered to the Sheriff of Cumberland County who deputized the Sheriff of Philadelphia County for service at an address of 833 Wilder Street, Philadelphia, PA 19147. On April 19, 2011, the Sheriff returned a Sheriff's Return of Service stating that the residence is currently occupied by a different tenant. 8. Plaintiff continued to search for Defendant. The complaint was reinstated again and delivered to the Sheriff of Cumberland County who deputized the Sheriff of Philadelphia County for service at an address of 4131 Spring Garden Street,Philadelphia,PA 19104. On September 12, 2011, the Sheriff returned a Sheriff's Return of Service stating that the residence is currently occupied by a different tenant. 9. Plaintiff continued to search for Defendant but has been unable to locate him and the Complaint was re-instated again on August 29, 2012. 10. Plaintiff continued to search for Defendant but has been unable to locate him and the Complaint was re-instated again on July 19, 2013. 11. Plaintiff has made a good-faith effort to locate Defendant by conducting an investigation which included the following: a) a search of nationwide telephone directories; b) inquiries of postal authorities; C) a search of criminal records; 12. Plaintiff made another attempt to locate Defendant through a paid locator service, Accurint. The locator service searched phone listings,voter registration records,tax records,driver's license records,possible relatives and additional information. None of the information provided by Accurint assisted in locating Defendant and listed Defendant at the address(es) where the Sheriff attempted service. 13. Affiant still does not know the residence of Defendant although Affiant has made numerous inquiries. All of the above actions provided addresses that are no longer valid for Defendant. 14. Affiant believes that Plaintiff will be unable to locate and serve Defendant personally within the Commonwealth of Pennsylvania and has made the necessary examinations to fulfill the good faith effort requirement of Phila. Civ. R. 430.1. Cam', '/ S . it-- Christopher E. Rice, Esquire Sworn to and subscribed before me this day of 2013. No a Public -CO M N TH F ENNSYLVANIA NbUM61 M MBty M.Mm,NOtAryr Public cNA111!Imo,GltdtD§Mdhd i 4urIBy ES EXHIBIT " 111 P FILES'C rnwD:&PsccG: rvl %'!`,...acI:,rs C-07011!`. „C 3: tom "' .mated 3:`."3223 2')11\t r.} Re,.�cd 1t1 3f.u7 3`4:4 PM - -J . ' "17 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 COLTI TY, PENNSYLVANIA V. : NO. 07 - "74'��CIVIL TERM MUHA"MMAD K. CARR, 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 1 1013 Telephone{7/ 17) 249-3166 CO lNT S TEt �` PR THO OTMfZ: .� A4"0Oc) 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 - 7)' CIVIL TERM CIVIL ACTION- LAW MUHAMMAD K. CARR, : 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,Muhammad K.Carr(hereinafter"Student"),is an adult individual whose last known address is 4131 Spring Garden Street,Philadelphia,Philadelphia County, Pennsylvania 19104. 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 vas recently enrolled at Dickinson. 5. Student opened a Student Receivables ACC011nt (hcreinafter -.kccount") «itll 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. S. 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 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 Twenty-two Thousand Six Hundred Nine Dollars and 94/100 ($22,609.94). WHEREFORE, Plaintiff Dickinson College demands judgment against Defendant, Muhammad K. Carr, in the sum of Twenty-two Thousand Six Hundred Nine Dollars and 94/100 ($22,609.94), plus late fees, costs of suit and interest from date of judgment. COUNT II LV QUANTU,V,VERUIT In the alternative,if this Honorable Court should determine that an express contract between Dickinson and Muhammad K.Carr 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. 13. 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 Twenty-tNvo Thousand Six Hundred vine Dollars and 94, 100 (522,609.94). 17. Dickinson demanded payment of the above sums but Student failed and refused to do so. WHEREFORE, Plaintiff Dickinson College demands judgment against Defendant, Muhammad K. Carr, in the sum of Twenty-two Thousand Six Hundred Nine Dollars and 94i 100 (522,609.94), until Muhammad K. Carr'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: _ ,,.. ;? Attorneys for Plaintiff This a debt collecting firm. Any information obtain will be used for that purpose. - _ . ;4.49 :..Jr;:0 ..; _.._r.g _.._vices 3.39 cJE7u <- I 'i2 G:.•Cc C_r._rg e_v_ces I ;7.31 ::OCE70 CT-:G Eh:STR - Tcxt Docks 223.25 ^<OC6170 ;2-OCT-05 BKSTR - F3 :.ales T.Dx 2.46 200670 I 02 ,:T-;G 3KHT7Z - •,I_scellaneo-:s i 40'.78 2C0670 iCT ;�i 2K TR - -_ccorry <.75 2GJ6 T0 _ •.c? CG 1r._:g ' _I-v_ces 4.80 2-)C670 _ CC ,tL:cent Health Insurance i S 71 C.:0 2 COE70 J';:,•Gu :...._,_;g Single - Fall 2,31C.00 200677 _ :'U:.-CE T.:_t_•:n Tall 1, iE,'35.00 200670 JU:.-06 Student Activit_es Fee Fall 1G7.0J 20.r 6'0 ism ..UL-i6 h:ea: Plan 0 - Fall 2, .5.00 2CCti70 C_ JUL-06 Ao_:s_ng :;epr_s_t Charge —2-00—0-0- 2,CG70 _ 7AIJ 6 bad .,•p t ct 11=1_e Off ' 2,:03.01 200570 .—O f^,Y-i5 Lucr. Cut Fee SAfety Security 5.00 _2 C ;520 M;; J5 ?iCaTR - ic3ery B.:.J -v.520 c0. ,3 2G i�2J _:._._ �• J .. ':4 C...-. :'G -9�:.�•d �d .,.c,ff�rd ..gar. 30.CO ZC,�-;'0 1.3:3...1 20,;4"O _.ZC •! .... _r. Ci:S'=•�^ G5 9 -, .>? Sr-ate .3rant .?;?ErA; 1 ;SO.IJ0 2C 0`2 .. 74 F_r.�cn _.,1r.[ 9,950.CO 2C,.520 V 04 sctivltics Fee ) < <•• 150.GO 200520 NOV- 4 .lion Surirg 15,000.00 2CJ520 29-NGV-C4 rcusing CouUle - Spring 1,960.c0 200520 24-NOV-04 Cining Services 27.25 200470 _,-NOV-04 .P-,-feral Perkins Lcan 1,000.00 200470 :3-DIOV-J4 Unsubsidized Fed Stafford Lcan 170.00 20C470 1' C2-NOV-04 Finance Charge 83.24 200470 r,0 1 C1-NOV-04 Cin1rg Services 18.84 200470 "4-GCT-J4 BXSTR - Pa Sales Tax .54 200470 C4---CT-G4 Finance Charge -75.09 20G470 :4 DCT-04 3-XSTR - Miscellaneous 31.70 200470 �;4•JCT-'74 5XSTR - Stipp l,'es 3.58 200470 4.')CT-C4 BXSTR - ;rccerY .99 20C470 G•, GCT-C4 SKSTR - Text Books 439.00 200470 01--T-04 P-nance Charge 73.98 2004'0 G:.-GCT-C4 F_naace Charge 75.09 200470 _ :CT-C4 .._,._ng Services 17.84 - 2 GC4'O ,EP-C4 •i.95 2',0470 :'e•ieral i•- < __o;a 50.00 :004'0 •,� i LTV Ed ._.._tY 'r 70.00 2C ^470 :, _: ....,.._:1 �..,r.t 7, ;5G.J0 :0470 ...-,-04 .:_„_.h .nsts.,r.ce, 6r_t:•d,=nt P'.-Ill -:.vO.00 2CC470 :G i4 0 VERIFICATION I, THOMAS MEYER, Bursar of Dickinson College, acknow lee- gedb4a 1-DAvg;�IW44��qf� to execute this Verification on behalf of Dickinson College and certify , tb;g,�oT I�gq}rid r✓"or 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', 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: 7 F.FILES%Cllents D!ckmsunCcllcge 7nl9'Ccllcclinns'Currtent'!5^-,i15C 337 wm i ,.. i DICKINSON COLLEGE, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 07 - 7078 CIVIL TERM MUHAMMAD K. CARR, CIVIL ACTION - LAW Defendant ORDER AND NOW, this,_�W& day of , 2013, this matter came on the ex parte motion of Plaintiff in the above-entitled action for an Order directing service of the Complaint in this action shall be made by mail in conformance with Phila. Civ. R. 430.1 of Philadelphia County, and on the Affidavit of Christopher E. Rice, Esquire, with Christopher E. Rice, Esquire, appearing as attorney for Plaintiffs; and It appearing to the Court from the Affidavit, the verified Complaint, and the evidence adduced by this Motion that a good cause of action exists in favor of Plaintiffs and against Defendant; and It further appearing that the Complaint was issued in this action on November 26,2007;and It further appearing that Defendant cannot be found despite diligent efforts in the Commonwealth of Pennsylvania by both the Sheriff's office and by counsel of Plaintiff; and It further appearing that personal service of the Complaint cannot be made on Defendant within the Commonwealth of Pennsylvania for the reason stated above; and It further appearing that Defendant's last known address was in Philadelphia County, Pennsylvania, now, therefore, IT IS ORDERED that: Service of the Complaint in this action shall be made by mail in conformance with Phila.Civ. R. 430.1 of Philadelphia County. BY THE COURT: Distribute to: 2E --- Christopher E. Rice, Esquire MARTSON LAW OFFICES.. Ten East High Street ' Carlisle, PA 1701 9 CO �c P%( - txp FAHLES\Clients\7619 Dickinson College\7619.Collections\7619C.Current\7619C.357 Carr,Muhammad\7619C.357.as.wpd Christopher E. Rice, Esquire Attorney I.D. No. 90916 R. Christopher VanLandingham, Esquire Attorney I.D. No. 307424 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 - 7078 CIVIL TERM ; MUHAMMAD K. CARR CIVIL ACTION - LAW Defendant =M rn CD - AFFIDAVIT OF SERVICE --4(Z; c -� C"rl :Z CD r COMMONWEALTH OF PENNSYLVANIA SS. cn COUNTY OF CUMBERLAND ) I, R. Christopher VanLandingham, hereby certify that service was made on Defendant Muhammad K. Carr by regular mail pursuant to Rule 430.1 of the Philadelphia County Rules of Civil Procedure. This service was authorized by Order of Court dated August 5, 2013. MARTSON LAW OFFICES By: R. Christopher VanLandingham, Esquire Attorney I.D. No. 307424 Sworn to and subscribed before me this 7//L) day September, 2013. COMMONWEALTH OF PENNSYLVANIA Notarial Wi Public Mary M.Price..' rY 0jaci, Carlisle i3oro,Cups es Aug County 015 M CommissfN �p�r[ON OF NOTNtIFS N t Public M-M1 "4�" This is a debt collecting firm attempting to collect a debt for Members I't Federal Credit Union. Any information obtained will be used for that purpose. F\FILES\Clients\7619 Dickinson Coll ege\7619.Collections\7619C.Current\7619C.357 Carr,Muhammad\7619C.357.praecipe.default.wpd Christopher E. Rice, Esquire Attorney I.D. No. 90916 R. Christopher VanLandingham, Esquire Attorney I.D. No. 307424 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. 2007 - 7078 MUHAMMAD K. CARR, CIVIL ACTION - LAW Defendant TO MUHAMMAD K. CARR: NOTICE OF ENTRY OF DEFAULT JUDGMENT You are hereby notified that on the Ado day of -2�e C- , 2013, the following Judgment was entered against you in the above-captioned action:judgment in the amount of $22,609.94, plus late fees, costs of suit, and interest from date of judgment until the debt is paid in full, along with any additional costs or attorney fees incurred thereafter, for failure to file an Answer to Plaintiffs Complaint. Date: �,���o�/i� �3 �► Prothonotary I hereby certify that the name and address of the proper person to receive this notice under Pa. R. Civ. P. 236 is: Muhammad K. Carr 4131 Spring Garden Street Philadelphia,PA 19104 833 Wilder Street Philadelphia, PA 19147 FARLESTlients\7619 Dickinson College\7619.Collections\7619C,Current\7619C 357 Carr,Muhammad\76190 357 praecipe.default.wpd Christopher E. Rice, Esquire -C 20 A 10 2 1 Attorney I.D. No. 90916 `'13 0- H : Aaron S. Haynes, Esquire L! JMBERL "I -ju I Attorney I,D. No. 307746 PDINSYLVAWA 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. 2007 - 7078 MUHAMMAD K. CARR, CIVIL ACTION - LAW Defendant PRAECIPE TO THE PROTHONOTARY: Please enter default judgment in the above-captioned action in favor of Plaintiff and against Defendant Muhammad K.Carr in the amount of$22,609.94, until Muhammad K.Carr's obligation is paid in full, plus late fees, costs of suit, and interest from date of judgment, along with any additional costs or attorney fees incurred thereafter, for failure to file an Answer to Plaintiffs Complaint. I do hereby certify that written notice of intention to file this Praecipe was mailed to Muhammad K. Carr on October 1, 2013,which date is subsequent to the date default occurred and at least ten (10) days prior to the date of this Praecipe. MARTSON LAW OFFICES By Christopher E. Rice, Esquire I.D. Number 90916 Aaron S. Haynes, Esquire I.D. No. 307746 Ten East High Street o?7d"�'e4 7 Carlisle, PA 17013 dz (717) 243-3341 r U _3 Dated: 12 ,18-13 Attorneys for Plaintiff llypl 'legl F:\FILES\Clients\7619 Dickinson College\7619 Collections\7619C Currera\7619C 357 Carr,Muhamniad\7619c 357.10day.wpd Christopher E. Rice, Esquire Attorney I.D. No. 90916 R. Christopher VanLandingham, Esquire Attorney I.D, No. 307424 MARTSON DEARDORFF WILLIAMS OTTO GILROY& FALLER MARTSON LAW OFFICES 10 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- 7078 CIVIL TERM MUHAMMAD K. CARR, CIVIL ACTION-LAW Defendant TO: Muhammad K. Carr DATE OF NOTICE: October 1,2013 4131 Spring Garden Street Philadelphia, PA 19104 833 Wilder Street Philadelphia,PA 19147 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. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 MARTSON LAW,OF ICES By: C dv�:10-4"z Christopher E. Rice, Esquire I.D. No. 90916 R. Christopher VanLandingham, Esquire I.D. No. 307424 This is a debt collecting firm attempting to collect a debt for Dickinson College. Any information obtained will be used for that purpose. F:\FILES\Clients\7619 Dickinson College\7619.Collec[ions\7619C.Current\7619C.357 Carr,Muhammad\7619C.357.praeci pe.default.wpd Christopher E. Rice, Esquire Attorney I.D. No. 90916 Aaron S. Haynes, Esquire Attorney I.D. No. 307746 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. 2007 - 7078 MUHAMMAD K. CARR, CIVIL ACTION - LAW Defendant AFFIDAVIT AS TO MILITARY SERVICE COMMONWEALTH OF PENNSYLVANIA ) :SS. COUNTY OF CUMBERLAND ) Christopher E. Rice, Esquire, being duly sworn according to law, deposes and says that he has authority to make this affidavit on behalf of his client, and to the best of his knowledge, information and belief, Defendant Muhammad K. Carr, above named is not in the military service of the United States of America,that he has knowledge that the said Defendant's last known address is: 4131 Spring Garden Street, Philadelphia, PA 19104 and 833 Wilder Street, Philadelphia, PA 19147. Said Defendant's place of employment is unknown. Christopher E. Rice, Esquire Sworn to and subscribed before me this"day of December, 2013. MMONWEALTH OF PENNSYLVANIA Notarial Seal ` Mary M Price,Notary Public No a ublic Carlisle Born,Cumberland County My Comrr:is�+cx res Au .18 2015 MEMBER,PF.NN9YFVltA _ P NOTARIES FAF1LES\C1ients\7619 Dickinson College\7619.Collections\7619C.Current\7619C.357 Carr,Muhammad\7619C.357.praecipe.default.wpd Christopher E. Rice, Esquire Attorney I.D. No. 90916 Aaron S. Haynes, Esquire Attorney I.D. No. 307746 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. 2007 - 7078 MUHAMMAD K. CARR, CIVIL ACTION - LAW Defendant COMMONWEALTH OF PENNSYLVANIA ) : SS COUNTY OF CUMBERLAND ) Christopher E. Rice, Esquire, being duly sworn according to law, deposes and says that he is an employee of MARTSON DEARDORFF WILLIAMS OTTO GILROY&FALLER,attorneys for the Plaintiff in the above captioned matter and that pursuant to the provisions of the Pennsylvania Rules of Civil Procedure, a notice of intention to enter default judgment against Defendant Muhammad K. Carr was given to him by mail on October 1, 2013 Christopher E. Rice, Esquire Sworn to and subscribed before me this day of December, 2013 qtq) /L1 r(2-r—V, N Public COMMONWEALTH OF PENNSYLVANIA Notarial Seal Mary M.Price,Notary Public Carlisle Bono,Cumberland County My Commission Expires Aug.18,2015 MEMBER,PENNSYLVANIA ASSOCIATION OF NOTARIES CERTIFICATE OF SERVICE I, Mary M. Price, an authorized agent of MARTSON DEARDORFF WILLIAMS OTTO GILROY& FALLER, 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: Muhammad K. Carr 4131 Spring Garden Street Philadelphia, PA 19104 Muhammad K. Carr 833 Wilder Street Philadelphia, PA 19147 MARTSON LAW OFFICES By V&W) ;J, 0 . Price 10 st High Street Carlisle, PA 17013 Dated: This is a debt collecting firm for Dickinson College attempting to collect a debt. Any information obtained will be used for that purpose.