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HomeMy WebLinkAbout03-5888 o GODFREY & COURTNEY, P.C. BY: E. Ralph Godfrey, Esquire Attorney 1.0. No. 77052 P.O. Box 6280 Harrisburg, P A 17112 (717) 540-3900 Attorney for Plaintiff ACADEMY OF MEDICAL ARTS & BUSINESS, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. NO. 63/Sg S g ~~ DONALD ALLEN CIVIL ACTION - LAW Defendant TO: Donald Allen 711 Pear Street, Apt 2 Lemoyne, PA 17043-1839 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 the 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 rnay be entered 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 reHefrequested by the Plaintiff. 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 INFORMA nON ABOUT HIRING A LAWYER. IF YOU CAN NOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAYBE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIA nON 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 EffeClive September I, 2003 Complaint EN LA CORTE DE ALEGATOS COM UN DEL CONDADO DE Dauphin , PENNSYLVANIA DIVISION CIVIL A V ISO PARA DEFENDER ConformeaPA Num.!0!8.! USTED HA SIDO DEMANDO/A EN LA CORTE. Si usted desea defender conta la demanda puestas en las siguientes pilginas, usted tienen que tomar acci6n dentro veinte (20) dias despues que esta Demanda y A viso es servido, con entrando por escrito una aparencia personalmente 0 por un abogado y archivando por escrito con 1a Corte sus defenses 0 objeciones alas demandas puestas en contra usted. Usted es advertido que si falla de hacerlo el caso puede proceder sin usted y un jazgamiento puede ser entrado contra usted por la Corte sin mas aviso por cualquier dinero reclamado en la Demanda 0 por cualquier otro reclarno 0 alivio solicitado por Demandante. Ustedpuede perder dinero 0 propiedad 0 otros derechos importante para usted. USTED DEBE LLEVAR ESTE PAPEL A SU ABOGADO ENSEGUIDA. SI USTED NO TIENE UN ABOGADO, VAYA 0 LLAME POR TELEFONO LA OFICINA FlJADA AQuf ABAJO. ESTA OFICINA PUEDE PROVEERE CON INFORMACION DE COMO CONSEGUlR UN ABOGADO. SI USTED NO PUEDE PAGARLE A UN ABOGADO, ESTA OFIClNA PUEDE PROVEERE INFORMACION ACERCA AGENCIAS QUE PUEDAN OFRECER SERVICIOS LEGAL A PERSONAS ELIGIBLE AQ UN HONORARIO REDUCIDO 0 GRATIS. CUMBERlAND COUNTY BAR ASSOCIATION 2 LffiERTY AVENUE CARLISLE. PA 17013 (717)249-3166 Efectivo I de septiembre, 2003 Queja ACADEMY OF MEDICAL ARTS & BUSINESS, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL V ANlA Plaintiff v. NO. .03- 5g~f! DONALD ALLEN CIVIL ACTION - LAW Defendant COMPLAINT AND NOW, comes the Plaintiff, Academy of Medical Arts and Business, by and through its attorneys, E. Ralph Godfrey, Esquire and Godfrey & Courtney, P.C., and avers as follows: 1. Plaintiff, Academy of Medical Arts and Business, ("Plaintiff') is a Pennsylvania Corporation with a principal place of business located at 2301 Academy Drive, Harrisburg, Dauphin County, Pennsylvania 17112. 2. Defendant, Donald Allen, is an adult individual with a last known address of711 Pear Street, Apartment 2, Lemoyne, Pennsylvania 17043. 3. Defendant was employed by Plaintiff from August 24,1998 through November 17,2000. 4. Plaintiffloaned the sum of $12,880.00 to Defendant from September 17, 1998 through September 12,2000 as well as paid medical premiums in the amount of$336.81, with the oral agreement and understanding that Defendant would repay the loan by regular deductions from his paycheck. 5. From September 25, 1998 through November 17,2000, Defendant made payments on the loan in the amount of$2,682.22. 6. Following Defendant's termination of employment with Plaintiff, Defendant failed and refused to continue to make payments on the loan. 7. Defendant personally assured and represented to Plaintiff that he would repay the loan and medical premiums paid on his behalf and honor the terms and conditions of their agreement. 8. Despite Plaintiffs reasonable and repeated demands for payment, Defendant has failed, refused and continues to refuse to pay all sums due and owing on Defendant's loan, all to the damage of Plaintiff. 9. As of the filing of this Complaint, the balance due, owing and unpaid by Defendant is Ten Thousand Five Hundred Thirty Four and 59/100 ($10,534.59) Dollars. COUNT I BREACH OF CONTRACT 10. The averments of paragraphs 1 through 9 are hereby incorporated by reference. 11. Plaintiff, relying upon the representations and assurances of Defendant that he would repay the loan and medial premiums, provided the loan to Defendant. 12. Defendant breached the contract by failing to repay the loan. 13. Defendant also breached the contract by failing to repay the medical premiums paid on his behalf by Plaintiff. 14. Because of Defendant's breach ofthe contract, Plaintiffhas been damaged in the amount ofTen Thousand Five Hundred Thirty Four and 59/1 00 ($10,534.59) Dollars., plus costs and interest. WHEREFORE, Plaintiff, Academy of Medical Arts and Business, demands judgment in the amount of Ten Thousand Five Hundred Thirty Four and 59! \ 00 ($1 O,534.5LJ) Dollars together with interest, reasonable attorney's fees, damages for delay, costs of this action, and such other relief as the Court deems just and proper, which amount is within the limits for compulsory arbitration. COUNT II UNJUST ENRICHMENT 15. The averments of paragraphs I through 14 are hereby incorporated by reference. 16. Plaintiff conferred a benefit in the amount of Ten Thousand Five Hundred Thirty Four and 59/100 ($10,534.59) Dollars upon Defendant in return for Defendant's promise to repay the loan and medical premiums. 17. Defendant misled Plaintiff with his assurances and representations that he would repay the loan and medical premiums paid on his behalf. 18. Relying upon the representations and assurances of Defendant, Plaintiff provided Defendant with a loan and paid Defendant's health insurance premiums for a total ofTen Thousand Five Hundred Thirty Four and 59/100 ($10,534.59) Dollars. 19. Defendant accepted and retained the benefits provided by Plaintiff, but failed to make the required payments and, as a result, Defendant has been unjustly enriched in the amount ofTen Thousand Five Hundred Thirty Four and 59/100 ($10,534.59) Dollars. WHEREFORE, Plaintiff, Academy of Medical Arts and Business, demands judgment in the amount ofTen Thousand Five Hundred Thirty Four and 591100 ($10,534.59) Dollars, together with interest. reasonable attorney's fees, damages for delay, costs of this action, and such other relief as the Court deems just and proper, which amount is within the limits for compulsory arbitration. COUNT III QUANTUM MERUIT 20. The averments of paragraphs 1 through 19 are incorporated herein by reference. 21. The aforesaid amount ofTen Thousand Five Hundred Thirty Four and 59/100 ($10,534.59) Dollars is the fair and reasonable value of the services/monies provided to Defendant by Plaintiff. 22. Despite Plaintiffs reasonable and repeated demands for payment, Defendant has failed, refused and continues to refuse to pay the fair and reasonable value of the services/monies rendered to Defendant plus any accrued interest, all to the damage of Plaintiff. WHEREFORE, Plaintiff, Academy of Medical Arts and Business, demands judgment in the amount ofTen Thousand Five Hundred Thirty Four and 59/100 ($10,534.59) Dollars, together with interest, reasonable attorney's fees, damages for delay, costs of this action, and such other relief as the Court deems just and proper, which amount is within the limits for compulsory arbitration. GODFREY & COURTNEY, P.C. By t{~,&0 Attorney J.D. No. 77052 P.O. Box 6280 Harrisburg, PA 17112 (717) 540-3900 Attorneys for Plaintiff Dated: II/s- /03 VERIFICATION I, Gary Kay, hereby certify that the facts set forth in the foregoing Complaint are based upon information which I have furnished to counsel, as well as upon information which has been gathered by counsel and/or others acting on my behalf in this matter. The language of the Complaint is that of counsel and not my own. I have read the Complaint, and to the extent that it is based upon information which I have given to counsel, it is true and correct to the best of my knowledge, information, and belief. To the extent that the content of the Complaint is that of counsel, I have relied upon such counsel in making this Verification. I hereby acknowledge that the facts set forth in the aforesaid Civil Complaint are made subject to the penalties of 18 Pa. C.S.A. ~4904 relating to unsworn falsification to authorities. Date: I I ( . tJ/"b i t/J ~~ i~ '0l e,.,..., -.N \ -{"- ~ <-Jr '-" c:;' ~ <;;;:::::;-, ~ Cl \ ~ ! 0 \::> , Y) cE;-'r -:r. (;, '- _/ ~l- ~f; ~= ,,> eJ p ::::J -< r:::-,' "-,; ~ ~ ~:u -< SHERIFF'S RETURN - REGULAR CASE NO: 2003-05888 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND ACADEMY OF MEDICAL ARTS & BUS VS ALLEN DONALD RONALD HOOVER , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon ALLEN DONALD the DEFENDANT , at 1719:00 HOURS, on the 13th day of November, 2003 at 711 PEAR STREET APT 2 LEMOYNE, PA 17043 by handing to DONALD ALLEN a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 18.00 11.04 .00 10.00 .00 39.04 So Answers: 'r');i?~z:.-~~ R. Thomas Kline 11/14/2003 GODFREY & COURTNEY Sworn and Subscribed to before By: C??, #7;%.--;? Deputy Sheriff day of me this A.D. Prothonotary A c.. c~..ckr'^~ & m~\.ro. \ Art-L~ g GllS'''.es.s vs Case No.63 - ~--ggt?" Uo~\d. Pr\\W Statement of Intention to Proceed To the Court: +>\o..\f\. ~ ~C intends to proceed with the above captioned matter. PrinIN"", t.. 'I<~\~I>>... ~~.SignN,m' 2~ Date: JQhJ~ Attorney for Yle...vo.. '" \\-p- Explanatory Comment The Supreme Court of Pennsylvania has promulgated new Rule of Civil Procedure 230.2 governing the termination of inactive cases and amended Rule of Judicial Administration 1901. Two aspects of the recommendation merit comment. 1. Rule of civil Procedure New Rule of Civil Procedure 230.2 has been promulgated to govern the termination of inactive cases within the scope of the Pennsylvania Rules of Civil Procedure. The termination of these cases for inactivity was previously governed by Rule of Judicial Administration 1901 and local rules promulgated pursuant to it. New Rule 230.2 is tailored to the needs of civil actions. It provides a complete procedure and a uniform statewide practice, preempting local rules. This rule was promulgated in response to the decision of the Supreme Court in Shop v. Eagle, 551 Pa. 360,710 A.2d 1104 (1998) in which the court held that "prejudice to the defendant as a result of delay in prosecution is required before a case may be dismissed pursuant to local rules implementing Rule of Judicial Administration 190 I." Rule of Judicial Administration 1901(b) has been amended to accommodate the new rule of civil procedure. The general policy of the prompt disposition of matters set forth in subdivision (a) of that rule continues to be applicable. II Inactive Cases The purpose of Rule 230.2 is to eliminate inactive cases from the judicial system. The process is initiated by the court. After giving notice of intent to terminate an action for inactivity, the course of the procedure is with the parties. If the parties do not wish to pursue the case, they will take no action and "the Prothonotary shall enter an order as of course terminating the matter with prejudice for failure to prosecute." If a party wishes to pursue the matter, he or she will file a notice of intention to proceed and the action shall continue. a. Where the action has been terminated If the action is terminated when a party believes that it should not have been terminated, that party may proceed under Rule230(d) for relief from the order oftermination. An example of such an occurrence might be the termination of a viable action when the aggrieved party did not receive the notice of intent to terminate and thus did not timely file the notice of intention to proceed. The timing of the filing of the petition to reinstate the action is important. If the petition is filed within thirty days of the entry of the order of termination on the docket, subdivision (d)(2) provides that the court must grant the petition and reinstate the action. If the petition is filed later than the thirty-day period, subdivision (d)(3) requires that the plaintiff must make a show in to the court that the petition was promptly filed and that there is a reasonable explanation or legitimate excuse both for the failure to file the notice of intention to proceed prior to the entry of the order of termination on the docket and for the failure to file the petition within the thirty-day period under subdivision (d)(2). B. Where the action has not been terminated An action which has not been terminated but which continues upon the filing of a notice of intention to proceed may have been the subject of inordinate delay. In such an instance, the aggrieved party may pursue the remedy of a common law non pros which exits independently of termination under Rule 230.2. (~) -i'j f'-' ;,. ~ WJ W l'v