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Home My WebLink About08-0465F: \FILES\ClientsOickinsonCollege7619\Collectioas\Current\3 56\7619C. 3 56. corn Created: 3/5/03 2:23:29 PM Revised: 12/26/07 9:8:14 AM Christopher E. Rice, Esquire Attorney I.D. No. 90916 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attornevs for Plaintiff DICKINSON COLLEGE, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. MATAYO B. MOSHI, Defendant NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiffs. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCE FEE OR NO FEE: Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 Christopher E. Rice, Esquire Attorney I.D. No. 90916 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff T%T.-IT,r 1 TN L1L.11LLV JlJ1V I,VLL?(Jr,, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. MATAYO B. MOSHI, Defendant COMPLAINT AND NOW, comes Plaintiff, Dickinson College, by and through its attorneys, MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER, and hereby avers as follows: I . Plaintiff Dickinson College (hereinafter "Dickinson") is a Pennsylvania educational institution with its principal offices located in Carlisle, Cumberland County, Pennsylvania. 2. Defendant Matayo B. Moshi (hereinafter "Student") is an adult individual whose last known address is 10 Clover Ct. Wynn Vale Adelaide, South Australia 5127 Australia. COUNTI BREACH OF CONTRACT 3. Paragraphs 1 through 2 are incorporated herein by reference as if set forth in full below. 4. Student is currently or was recently enrolled at Dickinson. 5. Student opened a Student Receivables Account (hereinafter "Account") with Dickinson to pay tuition, dining service fees and other educational expenses provided and rendered to Student by Dickinson. A true and correct copy of that Account is incorporated by reference and attached as Exhibit "A." 6. Student, by opening the Account and using the goods and services provided by Dickinson, agreed to pay Dickinson for all charges made to the Account. 7. Student received and accepted all goods and services provided by Dickinson and thereby agreed to payment for said goods and services. 8. The terms ofrepayment required Student to pay all balances 14 (fourteen) days before the beginning of each semester. 9. Student defaulted on the repayment of the Account by not paying the balance when due. 10. Notices were forwarded to Student informing him of his 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 Three Thousand Eight Hundred Twenty-five and 22/100 ($3,825.22). WHEREFORE, Plaintiff Dickinson College demands judgment against Defendant Matayo B. Moshi in the sum of Three Thousand Eight Hundred Twenty-five and 22/100 ($3,825.22), plus costs of suit and interest from date of judgment. COUNT II IN QUANTUM MER UIT In the alternative, if this Honorable Court should determine that an express contract between Dickinson and Matayo B. Moshi 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 Three Thousand Eight Hundred Twenty-five and 221100 ($3,825.22). 17. Dickinson demanded payment of the above sums but Student failed and refused to do so. WHEREFORE, Plaintiff Dickinson College demands judgment against Defendant Matayo B. Moshi in the sum of Three Thousand Eight Hundred Twenty-five and 22/100 ($3,825.22), plus late fees, costs of suit and interest from date of judgment. MARTSON LAW OFFICES By ? S Christopher E. Rice, Esquire I. D. Number 90916 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Date: /- zl? fj6 Attorneys for Plaintiff This a debt collecting firm. Any information obtained will be used for that purpose. 2'i-JUN-2007 14:59:51 Dickinson College AIL TERMS PAGE 1 Student Trans Summary Report TSRSSUM 900124508 Moshi, Matayo B Balance: 3,825.22 'FF DATE Description CHARGE PAYMENT TERM 01-FEB-07 Finance Charge 10 NOV-06 Housing Deposit Chg reve 56.53 200720 rsed 02-OCT-06 Dining Services -200.00 200670 02 OCT-06 BKSTR - Text Books 3.60 200670 03 OCT-06 Wire Received on Account 271.89 200670 21SEP-06 Student Health Insurance 7,313.80 200670' 2-, AUG-06 Dickinson Int.Stu. Grant 590.00 200670 17-AUG-06 Housing Deposit Charge 11,050.00 200670 04AUG-06 Housing Single - Fall 200.00 200670 04-AUG-06 Tuition Fall 2,310.00 200670 04-AUG-06 Student Activities Fee Fall 16,735.00 200670 31 JUL-06 Meal Plan - Fall 167.00 200670 13-JUN-06 Refund on Account 2,055.00 200670 29-NOV-_05 _Misce1 laneous Credit 854.85 200570 04-NOV-05 Refund on Account 278.92 200?b 01-NOV-05 BKSTR - Clothing 500.00 200570 1 01NOV-05 BKSTR - Grocery 159.93 200570 01-NOV-05 BKSTR - Pa Sales Tax 35.07 200570 01-NOV-05 BKSTR - Miscellaneous 6.71 200570 01-NOV-05 BKSTR - Supplies 82.29 200570 07-OCT-05 Miscellaneous Credit 29.52 200570 04-OCT-05 Check Received on Account 210.61 200570; 03-OCT 05 BKSTR - Clothing 8,805.50 200570 03-OCT-05 BKSTR - Trade Books 25.98 200570 03-OCT-05 BKSTR - Grocery 32.43 200570 03-OCT-05 BKSTR - Text Books 17.52 200570 03-OCT-05 BKSTR - Supplies 446.45 200570 03-OCT-05 BICSTR - Pa Sales Tax 33 .65 200570 03 CCT-05 BKSTR - Miscellaneous 5.63 200570 06-SEP-05 Abe and Cora Hurwitz Loan fund 25.00 200570 06-JUL-05 Dickinson Int.Stu. Grant 0.00 200570 05--JUL-05 Student Activities Fee 100.31,310 .00 200570 05-JUL-05 Transcript Fee 160.00 200570 05--JUL-05 Meal Plan - Fall 25.00 200570 0S-JUL-05 Housing Double - Fall 11950.00 200570 05-JUL-05 Health Insurance Student Fall 2,075.00 200570 C5-JUL-05 Tuition Fall 290.00 200570 O8-JUN-05 Freshman/Transfer Deposit 15,900.00 200570 500.00 200570 TCTI_, . ---------- --- ------- 44,794.05 40,968.83 VERIFICATION I, THOMAS MEYER, Bursar of Dickinson College, acknowledge that I have the authority to execute this Verification on behalf of Dickinson College and certify that the foregoing Complaint is based upon information which has been gathered by my counsel in the preparation of this lawsuit. The language of this Complaint is that of counsel and not my own. I have read the document and to the extent that this Complaint is based upon information which I have given to my counsel, it is true and correct and to the best of my knowledge, information and belief. To the extent that the content of this Complaint is that of counsel, I have relied upon counsel in making this Verification. This statement and Verification are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities, which provides that if l knowingly make false averments, I may be subject to criminal penalties. Dickinson College Thomas Meyer Bursar Dated: / l lrlhr F: \FILES\Clients\DickinsonCollege7619\Collections\Cwrent\3 56\7619C.356. com `4 n ? ?' '? O ?\ ? W d A a 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 V. MATAYO B. MOSHI, Defendant CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008 - 465 CIVIL TERM AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA ) : SS. COUNTY OF CUMBERLAND I hereby certify that a copy of the Complaint in the above captioned matter was mailed to Mr. Matayo B. Moshi, 10 Clover Ct. Wynn Vale Adelaide, South Australia 5127 Australia, by Federal Express International Priority Mail. Attached is the invoice indicating delivery and costs in the amount of $32.68. MARTSON LAW OFFICES Sworn to and subsc 'bed before me this day of May, 2008. ` 9"U?- No ublic By ?? S A1*1L- Christopher E. Rice, Esquire Attorney I.D. No. 90916 Ten East High Street Carlisle, PA 17013 (717) 243-3341 COMMONWEALTH OF PENNSYLVANIA Notarial Seal Mary M. Price, Notary Publlc Carlisle Soro, Cumberland County MY Commission E)Ires Auy. l8, 2011 Member, Pennsylvania Assoeigtlon of NoWrlgs Fed r FedEx Express Shipment Detail By 8-197-41098 Type (Original) Feb 04, 2008 • Fuel Surcharge Jed Ex has applied a fuel surcharge of 19.50% to this shipment. • Discount applied is the greater ofvolume discountor dropoff discount. No additional discount applies. Tracking ID Service Type Package Type Orig./Dest Zone Packages Rated Weight Delivered Signed by Fed Ex Use Cusloms Entry Data 790430389110 FedEx Intl Priority FedEx Envelope GTY/ADL J 1 0.5 Ibs Jan 29, 200813:04 T.CRACKNELL P3810/US001OL Jan 23, 2008 Sender MARCIA COMPTON MARTSON LAW OFFICES 10 EAST HIGH STREET CARLISLE PA 17013 US 1081-4138-7 Recipient MATAYO B. MOSHI 10 CLOVER CT. WYNN VALE ADELAIDE, SOUTH AUSTRALIA 5127 AU Transportation Charge 43.25 Fuel Surcharge 5.33 Discount -15.90 Total Transportation Charges USA S3Z.8D Shipper Subtotal U511 WN Total FedEx Express USD $32.68 Fed-, voice Number Invoice Date Account Number page 8-197-41098 Feb 04, 2008 1081-4138-7 3 of 4 FedEx Express Shipment Summary By Payor Type FedEx Express Shipments (Original) iiat$d.. ?1p1:. we ight T on l 110411... diet QWTAx J?.Vve s.hipmetos Is Chow Mo ` witsmer o Mptits, Tetat thargas Shipper 1 0.5 43.25 5.33 -15.90 32.68 low Fed1}at E ` t 0? 415A Total This Invoice USD $32.68 ( 0 Kam. ? 72 I 5 C M ' - 7 y Cpl L C_`" f+.j fr 1 ~ 0 1 15407 2/2 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. 2008 - 465 CIVIL TERM MATAYO B. MOSHI, Defendant AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA ) . SS. COUNTY OF CUMBERLAND I hereby certify that a copy of the Complaint in the above captioned matter was mailed to Mr. Matayo B. Moshi, 10 Clover Ct. Wynn Vale Adelaide, South Australia 5127 Australia, by Federal Express International Priority Mail. Attached is the signed return receipt for international mail card. MARTSON LAW OFFICES BY S K- Christopher E. Rice, Esquire Attorney I.D. No. 90916 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Sworn to and subscribed before me this 9V? day of October, 2008. V17A, No blic COMMONWEALTH OF PENNSYLVANIA Notarlai Sea! Mary M. Prioe, Notary Public Carlisle Soro, CurrrbertwW Courdy My Commission E)Vime ". 18, 2011 Member, Pennsylvania AS"NOcn NOWWO t aM c" ? M f x=, N rD (D C: 21 CZ 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. 2008 - 465 CIVIL TERM MATAYO B. MOSHI, Defendant PRAECIPE TO THE PROTHONOTARY: Enter default judgment in the above-captioned action in favor of Plaintiff and against Defendant in the amount of $3,825.22, plus interest and costs of suit as prayed for in the Complaint, for failure to file an Answer to Plaintiffs Complaint. I do hereby certify that a written notice of intention to file this Praecipe was mailed to the Defendant at the address indicated thereon, on May 27, 2008, which date was subsequent to the date default occurred and at least ten (10) days prior to the date of the Praecipe. MARTSON LAW OFFICES By 0::--XA Christopher E. Rice, Esquire I.D. Number 90916 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff Dated: 1,91-2 yl p j- 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. 2008 - 465 CIVIL TERM MATAYO B. MOSHI, Defendant IMPORTANT NOTICE TO: Matayo B. Moshi Date: May 27, 2008 10 Clover Ct., Wynn Vale Adelaide South Australia 5127 Australia YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITTEN 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. This a debt collecting firm attempting to collect a debt. Any information obtained will be used for that purpose. Cumberland County Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 Telephone:(717) 249-3166 MARTSONN LAW OFFICES By 0-?? ?- If-- Christopher E. Rice, Esquire 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. 2008 - 465 CIVIL TERM MATAYO B. MOSHI, 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, the Defendant above named is not in the military service of the United States of America, that he has knowledge that the said Defendant is now living at: 10 Clover Ct., Wynn Vale Adelaide, South Australia 5127 Australia. Said Defendant's place of employment is unknown. L?4 C le-. Christopher E. Rice, Esquire Sworn to d subscribed before me this day of 6,4,940 , 2008. yi, r No ublic COMMONWEALTH OF PENNSYLVANIA Notarial Seal Mary M. Piioe, Notary Public Carlisle soro, Cumberland County My Cora osaion E)lres Aug. 18, 2011 Member, Pennsylvania Awocistibn 0 Nolaf•s 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. 2008 - 465 CIVIL TERM MATAYO B. MOSHI, 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 the Defendant was given to him by mail on May 27, 2008. Christopher E. Rice, Esquire Sworn to and subscribed before me this day of &,ai2 '2008. V(L) V1, No ublic COMMONWEALTH OF PEN?JbYLV_ HN!a pCumbaland Mary Public Carlisle Cou* My Commug. 18, 2011 Member, PenaC+ ,~. 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: Matayo B. Moshi 10 Clover Ct., Wynn Vale Adelaide South Australia 5127 Australia MARTSON LAW OFFICES By a" )VI, M rice Ten F AI High Street Carlisle, PA 17013 (717) 243-3341 Dated: ! Q 62,, y /e In making this communication, we are advising you this firm is attempting to collect a debt for Dickinson College. Any information gained from this communication will be used for that purpose 6 -0 9u 7? rl) 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. 2008 - 465 CIVIL TERM MATAYO B. MOSHI, Defendant TO: MATAYO B. MOSIH, DEFENDANT NOTICE OF ENTRY OF DEFAULT JUDGMENT You are hereby notified that on the_day of 2008, the following Judgment was entered against you in the above-captioned action: judgment in the amount of $3,825.22, plus late fees, interest and costs of suit as prayed for in the Complaint for failure to file an Answer to Plaintiff's Complaint. Date: /./ 1'? n P othonotary I hereby certify that the name and address of the proper person to receive this notice under Pa. R. Civ. P. 236 is: Matayo B. Moshi 10 Clover Ct., Wynn Vale Adelaide South Australia 5127 Australia