HomeMy WebLinkAbout03-6008F'.\FILES\DATAFILMDickinson College7619\DickinsonCollegeCollectiond1619C\DcC nts\194-COmI wpd/drg
Created: 4/28/03 1:5403 PM
Revised 11/16/03 1 31'.30 PM
)619x194
DICKINSON COLLEGE, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. : NO. 03- 4,00,P ?C !
CIVIL ACTION-LAW
HUGH McDONALD BLACKMAN,
Defendant 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 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
MARTSON
Dated: November 17, 2003
David R. Galloway, E,,
I. D. Number 87326
Ten East High Street
Carlisle, PA 17013
(717) 243-3341
Attorneys for Plaintiff
WILLIAMS & OTTO
DICKINSON COLLEGE, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. NO. 03-
CIVIL ACTION-LAW
HUGH McDONALD BLACKMAN,
Defendant JURY TRIAL OF TWELVE DEMANDED
COMPLAINT
AND NOW, comes Plaintiff Dickinson College by and through its attorneys, MARTSON
DEARDORFF WILLIAMS & OTTO, and hereby avers as follows:
1. Plaintiff Dickinson College is a Pennsylvania educational institution and nonprofit
corporation with its principle place of business at West Street, Post Office Box 1773, Carlisle,
Cumberland County, Pennsylvania 17013.
2. Defendant Hugh McDonald Blackman, is an adult individual with a last known
address of 1220 East West Highway, Apt. 1514, Silver Spring, Maryland, 20910-3223.
3. On or about September 8, 1992, Defendant entered into a Promissory Note - Federal
Perkins Loan Program (Note #1) with Plaintiff for the financing of $2,000.00 plus interest and costs
by Defendant on his own behalf, for educational services and benefits at Plaintiffs institution. A
copy of Note #1 is attached hereto as Exhibit "A."
4. Note #1 was created under Part E of Title IV of the Higher Education Act of 1965
as amended, (hereinafter the "Act") and is subject to the Act and the Federal Regulations issued
under the Act.
5. As provided in the Act, Plaintiff acts in a fiduciary capacity in the handling,
disbursing and collecting of funds associated with the programs under the Act.
6. Note 41 grants Plaintiff reasonable collection and attorney's fees which Plaintiff has
calculated to be $500.00.
7. As of November 6, 2003, the principal and interest due and payable by Defendant to
Plaintiff was $1,335.42, plus interest accruing thereafter at $0.16 per day.
As of November 6, 2003, the outstanding balance of $1,335.42 represents the total
and actual overdue value of the financing provided to Defendant under Note #1 for which Defendant
has yet to pay.
Plaintiff has fulfilled, performed and complied with all obligations and conditions of
Note #1.
COUNTI
BREACH OF CONTRACT
10. Plaintiff hereby incorporates by reference the averments contained in Paragraphs 1
through 9 of this Complaint.
11. Defendant breached the expressed and implied obligations, conditions and terms of
agreement of Note #lby failing to pay the amount financed therein.
WHEREFORE, Plaintiff demands judgment against Defendant in the amount of $1,335.42,
plus interest accruing at $0.16 per day from November 6, 2003, collection and attorneys' fees in the
amount of $500.00 and costs of suit.
COUNT II
IN OUANTUM MERUIT
12. Plaintiff hereby incorporates by reference the averments contained in Paragraphs 1
through 11 of this Complaint.
13. Having requested Plaintiff to loan money, and doing so to the benefit of Defendant,
Defendant became liable to Plaintiff for said money.
14. Defendant has been unjustly enriched by accepting said money without paying
Plaintiff reasonable compensation therefor.
15. As of November 6, 2003, the total amount by which Defendant has become enriched
is $1,335.42, plus interest in the amount of $0.16 per day from November 6, 2003.
WHEREFORE, Plaintiff demands judgment against Defendant Hugh McDonald Blackman,
in the amount of $1,335.42, plus interest in the amount of $0.16 per day from November 6, 2003,
collection and attorneys' fees in the amount of $500.00 and costs of suit.
MARTSON DEAR&QRFY-WILLIAMS & OTTO
David R. Ga ow_ ----'
I.D. Number 87326
Ten East High Street
Carlisle, PA 17013-3093
(717) 243-3341
Attorneys for Plaintiff
Date: November 17, 2003
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VERIFICATION
I, THOMAS MEYER, Assistant Treasurer of Dickinson College, acknowledge that I
have the authority to execute this Verification on behalf of Dickinson College and certify
that the foregoing Complaint is based upon information which has been gathered by my
counsel in the preparation of this lawsuit. The language of this Complaint is that of counsel
and not my own. I have read the document and to the extent that this Complaint is based
upon information which I have given to my counsel, it is true and correct and to the best of
my knowledge, information and belief. To the extent that the content of this Complaint is
that of counsel, I have relied upon counsel in making this Verification.
This statement and Verification are made subject to the penalties of 18 Pa. C.S. §
4904 relating to unsworn falsification to authorities, which provides that if I knowingly make
false averments, I may be subject to criminal penalties.
Dickinson College
4
Thomas Meyer
Assistant Treasurer of Dickinson College
Dated:
F9FILE&DATAFILE\Dickinson College 7619\DickinsonCOllegeCollections7619C\Documents\194-Coml.wpd
CERTIFICATE OF SERVICE
I, Marti Iben, an authorized agent of Martson Deardorff Williams & Otto, hereby certify that
a copy of the foregoing Complaint was served this date by depositing same in the Post Office at
Carlisle, PA, Certified Mail/Restricted Delivery, postage prepaid, addressed as follows:
Hugh McDonald Blackman
1220 East West Highway
Apt. 1514
Silver Spring, MD 20910-3223
MARTSON ,EA?RDtOR/FJF/WILLIAMS & OTTO
By \ J?/IUiL--
Marti I n
Ten East High Street
Carlisle, PA 17013
(717) 243-3341
Dated: November 17, 2003
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F'.\FILE9\DA?AWL9\DlckWan College 7619\DickimonCoUegeCollmiom7619C\Cmmnt\194_pml/mei
Cmeted'. 4128/03 1:5403 PM
Revised: 1/7/04 9'.51 30 AM
7619c.194
DICKINSON COLLEGE, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V.
HUGH McDONALD BLACKMAN,
Defendant
NO. 03- 6008
CIVIL ACTION-LAW
JURY TRIAL OF TWELVE DEMANDED
PRAECIPE
Please reinstate the attached Complaint against Hugh McDonald Blackman, in the above-
captioned action and return same to the undersigned for service.
MARTSON DEARI?6 F WILLIAMS & OTTO
By
L D. Number 87326
Ten East High Street
Carlisle, PA 17013
(717) 243-3341
Date: January 7, 2004 Attorneys for Plaintiff
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AFFIDAVIT OF FOREIGN SERVICE
STATE OF PENNSYLVANIA
COUNTY OF CUMBERLAND
Case No. 036008
DICKINSON COLLEGE Plaintiff,
VS.
HUGH MCDONALD BLACKMAN Defendant
STATE OF MARYLAND, }
COUNTY OF MONTGOMERY } §
DS II RICARDO BUNDY, Deputy Sheriff, being duly sworn, deposes and says:
That I am over 21 years of age, not a party to this action, and reside in the State of
Maryland.
That on the 3RD day of FEBRUARY, 2004, at 1623 HOURS at 1220 EAST WEST
HIGHWAY #1514, SILVER SPRING, MARYLAND, I served the NOTICE, COMPLAINT
annexed hereto upon HUGH MCDONALD BLACKMAN, the Defendant, therein by delivering
to and leaving personally with the said Defendant a true copy of each thereof.
Deponent further states that at the time of service I knew the person so served as
aforesaid to be the same person mentioned and described in the said NOTICE, COMPLAINT
as the Defendant in this action.
Sheriff, Montgomery County, Maryland
Sworn to
DEBORAH K. DWALL
Notary PubH.
Frederick Co D
M
My Comm. Exps.
Notary Pubic, a e o
My commission expires:
RB:SLS
,20
0205094211-215/2004
CERTIFICATE OF SERVICE
I, Martha-Anne Iben, an authorized agent of Martson Deardorff Williams & Otto, hereby
certify that a copy of the foregoing Affidavit of Foreign Service was served this date by depositing
same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows:
Hugh McDonald Blackman
1220 East West Highway
Silver Spring, MD 20910
MARTSON DEARDORFF WILLIAMS & OTTO
By 411,11111 -
Martha-Anne Then
Ten East High Street
Carlisle, PA 17013
(717) 243-3341
Dated: February 10, 2004
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F:\FILES\Clients\DickinsonCollege7619\Collections\Archive\ 194\194.pra4/n1n
Created: 9/2/04 9:52AM
Revised: 10/15/07 3:52PM
7619C. 194
DICKINSON COLLEGE,
Plaintiff
V.
HUGH McDONALD BLACKMAN,
Defendant
TO THE PROTHONOTARY:
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 03-6008 CIVIL TERM
JURY TRIAL OF TWELVE DEMANDED
PRAECIPE
Please enter the appearance of MARTSON DEARDORFF WILLIAMS OTTO GILROY &
FALLER for the Plaintiff in the above-captioned matter.
MARTSON LAW OFFICES
By 04,4-,e S
Christopher E. Rice, Esquire
Attorney I.D. No. 90916
10 East High Street
Carlisle, PA 17013
(717) 243-3341
Attorneys for Plaintiff
Dated: l' - ??? ° -7
ra d
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CO
F. \FILES\Clients\DickinsonCollege7619\Collections\Archive\194\194.pra3/nhn
Created: 9/2/04 9:52AM
Revised: 10/15/07 2:23PM
76190194
DICKINSON COLLEGE,
Plaintiff
V.
HUGH McDONALD BLACKMAN,
Defendant
TO THE PROTHONOTARY:
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 03-6008 CIVIL TERM
: JURY TRIAL OF TWELVE DEMANDED
PRAECIPE
Please mark the judgment satisfied in the above-referenced matter and the action
discontinued.
MARTSON LAW OFFICES
S /1---
Christopher E. Rice, Esquire
Attorney I.D. No. 90916
10 East High Street
Carlisle, PA 17013
(717) 243-3341
Attorneys for Plaintiff
By Ce?
Dated: /C/ojc 7
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