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Home My WebLink About03-6632 F:\fILES\DAT AfILE\Dickinson College 7619\DickinsonCollegeCollections7619C\DocumentS\I04-comlwpdlmai Created:5/131039:S3:17AM Revised: 12129/031:24:39PM 7619CI04 DICKINSON COLLEGE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL V ANlA v. , NO. 03, U3.;< ~ CIVIL ACTION-LAW ROBERT G. STRAUB, JR., Defelldant 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 lNFORMA TION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH lNFORMA TION ABOUT AGENCIES THA T 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 Telepholle (717) 249-3166 SON DEARDORFF 'ILLIAMS & OTTO Date: December 29,2003 DICKINSON COLLEGE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. CIVIL ACTION-LAW ROBERT G. STRAUB, JR., 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: I. Plaintiff Dickinson College is a Pennsylvania educational institution and nonprofit corporation with its principal place of business at West Street, Post Office Box 1773, Carlisle, Cumberland County, Peunsylvania 17013. 2. Defendant Robert G. Straub, Jr., is an adult individual with a last known address of 10406 Orchid Hill Lane, Charlotte, North Carolina 28277. 3. On or about November 13, 1985, Defendant entered into a Promissory Note - Federal Perkills Loan Program (Note #1) with Plaintiff for the financing of$1 ,500.00, plus interest and costs by Defendant on his own behalf, for educational services and benefits at Plaintiffs institution. A copy of Note #1 is attached hereto as Exhibit "A." 4. On or about December 12, 1986, Defendant entered into an additional Promissory Note - Federal Perkins Loan Program (Note #2) with Plaintiff for the financing of$I,500.00, plus interest and costs by Defendant on his own behalf, for educational services and benefits at Plaintiff s institution. A copy of Note #2 is attached hereto as Exhibit "B." 5. On or about November 16, 1987, Defendant entered into an additional Promissory Note - Federal Perkins Loan Program (Note #3) with Plaintifffor the financing of$I,500.00, plus interest and costs by Defendant on his own behalf, for educational services and benefits at Plaintiff s institution. A copy of Note #3 is attached hereto as Exhibit "C." 6. Note #1, Note #2 and Note #3 are funds created under Part E of Title IV of the Higher Educatioll Act of 1965 as amended, (hereinafter the "Act"), and are subject to the Act and the Federal Regulations issued under the Act. 7. As provided ill the Act, Plaintiff acts in a fiduciary capacity in the handling, disbursing and collectillg of funds associated with the programs under the Act. 8. The total principal for Note #1, Note #2, Note #3 is $4,500.00. 9. Note #1, Note #2 and Note #3 grant Plaintiffreasonable collection and attorney's fees which Plailltiffhas calculated to be $675.00. 10. As of December 15, 2003, the principal and interest due and payable by Defendant to Plaintiff was $4,624.69, plus interest accruing thereafter at $.32 per day. 11. The outstanding balance of$4,624.69 represents the total and actual overdue value of the financing provided to Defelldant under Note #1, Note #2 and Note #3 for which Defendant has yet to pay. 12. Plaintiffhas fulfilled, performed and complied with all obligations and conditions of Note #1, Note #2 and Note #3. COUNT I BREACH OF CONTRACT 13. Plailltiff hereby incorporates by reference the averments contained ill Paragraphs I through 12 of this Complaillt. 14. Defendant breached the expressed and implied obligations, conditions and terms of agreement of Note #1, Note #2 and Note #3 by failing to pay the amounts financed therein. WHEREFORE, Plailltiff demands judgment against Defendant in the amount of$4,624.69, plus interest accruing at $.32 per day, collection and attorneys' fees in the amount of $675.00 and costs of suit. COUNT II IN QUANTUM MERUIT 15. Plaintiff hereby incorporates by reference the averments contained in Paragraphs I through 14 of this Complaint.15. 16. Having requested Plaintiff to loan money, and doing so to the benefit of Defendant, Defendant became liable to Plaintiff for said money. 17. Defendant has been unjustly enriched by accepting said money without paying Plaintiff reasonable compensation therefor. 18. As of December 15, 2003, the total amount by which Defendant has become enriched is $4,624.69, plus interest in the amount of$0.32 per day from December 15, 2003. WHEREFORE, Plaintiff demands judgment against Defendant Robert G. Straub, IT., in the amount of $4,624.69, plus interest in the amount of $0.32 per day from December 15, 2003, collection and attorneys' fees in the amount of$675.00 and costs of suit. By David R. Galloway J.D. Number 87326 Ten East High Street Carlisle, PA 17013-3093 (717) 243-3341 Attorneys for Plaintiff Date: December 29, 2003 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. 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 Assistant Treasurer of Dickinson College Dated: F: IFILESIDA T AFlLE\Dickinson College 7619\DickinsonCol1egeCollectioJ1S7619C\Documet1ts\ 1 OJ_com 1 CERTIFICATE OF SERVICE I, Marti Then, an authorized agent of Marts on 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, P A, Certified MaillRestricted Delivery, postage prepaid, addressed as follows: Robert G. Straub, Jr. 10406 Orchid Hill Lane Charlotte, NC 28277 MARTSONDEARDORFFWILLlAMS & OTTO By L-y1~ U/~ Marti Then Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: December 29,2003 ~ '-'\. ""'\ b ~ c'; 0:; c, C ~:-~ -\ 1 '-~"-' r ~~J ::;:1 ~_~ r,; ~ ~ \J- ~ '.j\. , \r- \,r-, \"\' ,\ '0' ~ \~ ~B, \: <" ~ '<- " C~ ~ "'~ ['.) "- -' .'~ -: ~:';.l ,- , ,-'l --,' .'.' r- --~ L;..i ~ F: \FILES\DA T AFlLE\Dickinson College 76 I 9\DickinsonCollegeCollections76] 9C\CurrentvI04.pra l/nlrn , Created: 1113/04 3:04PM Revised: 1/15/04 I109AM 7619C.I04 DICKINSON COLLEGE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLV ANlA v. NO. 03-6632 CIVIL ACTION-LAW ROBERT G. STRAUB, JR., Defendant JURY TRIAL OF TWELVE DEMANDED PRAECIPE TO DOCUMENT SERVICE AND COST OF SERVICE PURSUANT TO THE PENNSYL VANIA LONG ARM STATUTE I hereby certify that a copy of the Complaint was mailed to Robert G. Straub, Jr. on December 30, 2003, by certified mail, restricted delivery, return receipt requested. Attached is the Post Office return receipt sigoed, a Track & Confirm showing the delivery date as January 3,2004, and a copy of the receipt showing the cost of service was $8.15. MARTSON DEARDO WILLIAMS & OTTO By a oway, s J.D. No. 87326 Ten East High Street Carlisle, P A 17013-3093 (717) 243-3341 Date: January 15, 2004 Attorneys for Plaintiff USPS - Track & Confirm Page I of I 5111l11P~.. Track & Confirm Current Status (~iji,iitii~~~i Track & Confirm Enter label number: I You entered 7003 10100001 11900367 Your item was delivered at 2:02 pm on January 03, 2004 in CHARLOTTE. NC 28277. Track & Confirm FAQs Notification Options . Track & Confirm by email What ~ thi,] ut3> . POSTAL INSPECTORS Preserving the Trust site map contact us government services Copyright@1999-2002 USPS. All Rights Reserved. Terms of Use Privacy Policy http://trkcnfrml.smi.usps.comlnetdata-cgi/db2www/cbd_ 243,d2w/output 1/9/2004 I"- ..D m !:] U.S. Postal Service CERTIFIED MAIL", RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) !:] II"" .-1 .-1 Postage $ .-1 !:] o ': Return Reclapt Fee o (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Certified Fee 51. 75 7003 1010 0001 I"n~.,..."'" ,__..'_.....;.__h.___'____~. .-.-~_.._..----'""- ,-_..".,,--"~.......'_.,..:..'.. CERTIFICATE OF SERVICE I, Tricia D. Eckenroad, an authorized agent of Marts on Deardorff Williams & Otto, hereby certify that a copy of the foregoing Praecipe was served this date by depositing same in the Post Office at Carlisle, P A, first class mail, postage prepaid, addressed as follows: Mr. Robert G. Straub, Jr. 10406 Orchid Hill Lane Charlotte, NC 28277 MARTSON DEARDORFF WILLIAMS & OTTO ricia D. Eckenroad Ten East High Street Carlisle, P A 17013 (717) 243-3341 ~ Dated: January 15, 2004 (J [;,:.": r~'C .r~~> "" c::-::~~ c.:::> """" c.. :?"" -:;: q .~f1 r-(,-:::.; {"--'- (~~0g .:; :"'-/ ~"- c.. ~"; -,-,. ....". ---i " (,.) ~ C.. '~ ~ '. "~-._' ~.( DICKINSON COLLEGE, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 03-6632 CIVIL TERM ROBERT G. STRAUB, JR., Defendant : CIVIL ACTION - LAW PRAECIPE FOR ENTRY OF APPEARANCE To the Prothonotary: Please enter my appearance on behalf of the defendant, Robert G. Straub, Jr., in the above-captioned matter. Papers may be served at the address set forth below. Date: /- ~O - 6 'f Philip C. riganti, Es ID No. 54852 LAW OFFICE OF PHILIP C. BRIGANTI 74 W. Pomfret Street Carlisle, PA 17013 (717) 960-0005 COUNSEL FOR DEFENDANT CERTIFICATE OF SERVICE I, Philip C. Briganti, hereby certify that I am this 20th day of January, 2004, serving a copy of the foregoing Praecipe for Entry of Appearance upon the following by first- class U.S. mail, postage prepaid: David R. Galloway, Esquire MARTSON, DEARDORFF, WILLIAMS & OTTO Ten East High Street Carlisle, PA 17013 Philip C. riganti, Esqui LAW OFFICE OF PHILIP C. BRIGANTI 74 W. Pomfret Street Carlisle, P A 17013 (717) 960-0005 COUNSEL FOR DEFENDANT .>- c<") '- = ~ ~li~ e'" ,..",.. ~=--:; ---- - t.L! ~-,; f~~~ ~-~ Q- ~~ p; C) '[ C' 0,'- <'J lLID.- ~ :::::!LLl ""!1; LL:C --, 1-' _T ,.;::: u.. c:::::.' ::~) 0 c.~ C) '" , F\f1LES\DA TAFlLE\.Dickin&cnCo\lege1t>19\Collecrions\Current\ I 04\I04pra2Jtde Created: 1!l31043:04PM Revised: 917105 Il:06AM 7619CI04 DICKINSON COLLEGE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 03-6632 CIVIL ACTION-LAW ROBERT G. STRAUB, JR., Defendant JURY TRIAL OF TWELVE DEMANDED PRAECIPE TO SETTLE. DISCONTINUE & END Plaintiff requests the above-captioned matter be marked settled, discontinued and ended with prejudice. F WILLIAMS & OTTO '- Date: September 7, 2005 By David R. Galloway LD. No. 87326 Ten East High Street Carlisle, PA 17013-3093 (717) 243-3341 Attorneys for Plaintiff CERTIFICATE OF SERVICE I, Tricia D. Eckenroad, an authorized agent of MartSOll Deardorff Williams & Otto, hereby certify that a copy of the foregoing Praecipe was served this date by depositing same in the Post Office at Carlisle, P A, first class mail, postage prepaid, addressed as follows: Phillip C. Briganti, Esquire 74 West Pomfret Street Carlisle, PA 17013 MARTSON DEARDORFF WILLIAMS & OTTO 6 - ()(jj ;/ ;t;;'UI bJ1. /. ~ :/''/:7; / ~cia D. EcI!enroa Ten East High Street Carlisle, P A 17013 (717) 243-3341 Dated: September 7, 2005 .-' {~-~=; 0f' (/': (;' \ C) ;(, -' .Y::' ->~, ~.n\,< ,,,\" , '..-~ --."\ ;-'::1 .' M"-;'. CJ ,;1- ,~- --- -