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Home My WebLink About04-0273DICKINSON COLLEGE, Plaintiff VIRGiLIO T. BULANHAGUI, LYDIA BULANHAGUI, his wife, and LYNETTE A. MICLETTE, f/k/a LYNETTE A. BULANHAGUI, Defendants iN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW 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 Dated: January 20, 2004 LLIAMS I. D. Number 87326 Ten East High Street Carlisle, PA 17013 (717) 243-334l Attorneys for Plaintiff & OTTO DICKINSON COLLEGE, Plaintiff VIRGILIO T. BULANHAGUI, LYDIA BULANHAGUI, his wife, and LYNETTE A. MICLETTE, f/k/a LYNETTE A. BULANHAGUI, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. Off~ ~'7~ CIVIL ACTION-LAW JURY TRIAL OF TWELVE DEMANDED COMPLAINT AND NOW, comes PlaintiffDickinson College by and through its attorneys, MARTSON DEARDORFF WILLIAMS & OTTO, and hereby avers as follows: PlaintiffDickinson 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. Defendants, Virgilio T. Bulanhagui, and Lydia Bulanhagui, (hereinafter "Parents"), are adult individuals residing as husband and wife with a last known address of 966 Nicklaus Drive, Newport News, Virginia. 3. Defendant, Lynette A. Miclette, formerly known as, Lynette A. Bulanhagui, (hereinafter "Student"), is an adult individual with a last known address of 7750 Lago Del Mar Drive, Apt. 709, Boca Raton, Florida. 4. On or about August 26, 1987, Parents entered into a Promissory Note (Note #1) with Plaintifffor the financing of $2,500.00, plus interest, for educational services and benefits to Student at Plaintiff's institution. A copy of Note #1 is attached hereto as Exhibit "A." 5. On or about January 15, 1988, Parents entered into an additional Promissory Note (Note #2) with Plaintiff for the financing of $1,000.00, plus interest, for educational services and benefits to Student at Plaintiff's institution. A copy of Note #2 is attached hereto as Exhibit "B." 6. On or about September 9, 1988, Parents entered into an additional Promissory Note (Note #3) with Plaintiff for the financing of $2,500.00, plus interest, for educational services and benefits to Student at Plaintiff's institution. A copy of Note #3 is attached hereto as Exhibit "C." 7. On or about January 5, 1989, Parents entered into an additional Promissory Note (Note #4) with Plaintiff for the financing of $1,000.00, plus interest, for educational services and benefits to Student at Plaintiff's institution. A copy of Note #4 is attached hereto as Exhibit "D." 8. On or about October 5, 1989, Parents and Student entered into an additional Promissory Note (Note #5) with Plaintiff for the financing of $7,000.00, plus interest, for educational services and benefits to Student at Plaintiff's institution. A copy of Note #5 is attached hereto as Exhibit "E." 9. On or about September 24, 1990, Parents and Student entered into an additional Promissory Note (Note #6) with Plaintiff for the financing of $2,500.00, plus interest, for educational services and benefits to Student at Plaintiff's institution. A copy of Note #6 is attached hereto as Exhibit "F." 10. On or about May 14, 1991, Parents and Student entered into an additional Promissory Note (Note #7) with Plaintiff for the financing of $3,895.00, plus interest, for educational services and benefits to Student at Plaintiff's institution. A copy of Note #7 is attached hereto as Exhibit "G." 11. The collective principal balance for Notes #1 - #7 is $20,395.00. l 2. Notes #5 - #7 grant Plaintiff reasonable collection and attorneys' fees which Plaintiff has calculated to be $2,009.25. 13. As of January 8, 2004, the principal and interest due and payable by Parents and Student to Plaintiffwas $34,132.96, plus interest in the mnount of $3.88 per day from January 8, 2004. 14~ Parents and Student stopped making monthly payments on Notes # l - #7 on or about January 25, 2001. 15. As of January8, 2004, the outstanding balance of $34,132.96 represents the total and actual overdue value of the financing provided to Parents and Student under Note #1 through Notes #7 for which they have yet to pay. 16. Plaintiff fulfilled, performed and complied with all obligations and conditions of Notes #1 - #7. COUNT I BREACH OF CONTRACT Dickinson College v. Virgillio T. and Lydia A. Bulanhagui 17. Plaintiff hereby incorporates by reference the averments contained in Paragraphs 1 through 16 of this Complaint. 18. Parents breached the expressed and implied obligations, conditions and terms of agreement of Notes #1 - #7 by failing to pay the amounts financed therein. WHEREFORE, Plaintiff demands judgment against Defendants, Virgillio T. Bulanhagui and Lydia A. Bulanhagui, in the amount of $34,132.96, plus interest in the amount of $3.88 per day from January 8, 2004, collection and attorneys' fees in the amount of $2,009.25 and costs of suit. COUNT II BREACH OF CONTRACT Dickinson College v. Lynette A. Bulanhagui 19. Plaintiff hereby incorporates by reference the averments contained in Paragraphs 1 through 18 of this Complaint. 20. Student breached the expressed and implied obligations, conditions and terms of agreement of Notes #5 - #7 by failing to pay the amounts financed therein. WHEREFORE, Plaintiff demands judgment against Defendant, Lynette A. Bulanhagui, in the amount of $34,132.96, plus interest in the amount of $3.88 per day from January 8, 2004, collection and attorneys' fees in the amount of $2,009.25 and costs of suit. COUNT II1 IN QU,4NTUM MER UIT Dickinson College v. Lvnette A. Bulanhagui 21. Plaintiff hereby incorporates by reference the averments contained in Paragraphs 1 through 20 of this Complaint. 22. Having requested Plaintiff to loan money, and doing so to thc benefit of Student, Student became liable to Plaintiff for said money. 23. Student has been unjustly enriched by accepting said money without paying Plaintiff reasonable compensation therefor. 24. The total amount by which Student has become enriched is $34,132.96, plus interest in thc amount of $3.88 per day from January 8, 2004. WHEREFORE, Plaintiff demands judgment against Defendant, Lynette A. Bulanhagui, in the amount of $34,132.96, plus interest in thc amount of $3.88 per day from January 8, 2004, collection and attorneys' fees in thc amount of $2,009.25 and costs of suit. MARTSON DEARDORFF WILLIAMS & OTTO David R. Gallowh~ x~ { I.D. No. 87326 ~ Ten East High Street Carlisle, PA 17013-3093 (717) 243-3341 Attorneys for Plaintiff Date: January 20, 2004 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 unswom falsification to authorities, which provides that if I knowingly make false averments, I may be subject to cdminal penalties. Dickinson College Thomas Mey~er Assistant Tre~rs~er of Dickinson College Dated: CERTII~'ICATE OF SERVICE I, Martha-A~me lben, an authorized agent ofMartson 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: Virgilio T. Bulanhagui Lydia Bulanhagui 966 Nicklaus Drive Newport News, VA 23602 Lynette A. Miclette ffk/a Lynette A. Bulanhagui 7750 Lago Del Mar Drive Apt. 709 Boca Raton, FL 33433 MARTSON DEARDORFF WILLIAMS & OTTO Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: January 20, 2004 '0Z/02/2004 11:86 7172431887 PAGE 83/83 DICKINSON COLLEGE, Plaintiff VIRGIL,lo T. BIJLANFIAG~U[, LYDIA BULANHAGUI, his wife, and LYNETTE A. MICLETTE, f/k/a LYNETTE A. BULANHA(}UI, Defendants IN TIlE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-:173 CIVIL ACTION-LAW JURy TRIAL 0F TWELVE DEMANDED STIPULATION AND AGREEMENT FOR EN'!'!JX~[]I~ AND NOW, comes Plaintiff, DICKINSON COLLEGE:, by and through its attorneys, MARTSON DEARDoRFF WILLIAMS & OTTO, and Defendants, Virgilio T_ Bulanhagui, Lydia Bulanhagui and Lynett¢ A. Miclette, f/k/a Lynette A. Bulanhagui, who stipulate and agree as follows: I. Pa. R.C.P. 1037 (c) provides that in all eases, the Coup, on motion of a party, may enter an aPPropriate judgment against a party upon admission. 2. Defendants agree and admit that Judgment should ba entered against them in favor of Plaiatiff in the amount of$2~,~02.6~ plus costa of suit and interest from date of judgment as per the Notes attached to the Complaint. 3. Thepartias agree that the Court, upon motion o fPlain:Sff, may enter Judgment pursuant to this Stipulation without issuance ora Rule to Show Cause, and vnthout further proc, cedings or notice. 4, It is a so hereby ageed by and between the parties of rec~ rd that this Stipulation may b~ executed in COunterparts. 966 Nicklaus Drive Newport News, VA 23602 Pro Sa Defetldant. LYflt~. Bulanhagui - - ~, 966 Niddaus Drive Newport News, VA 23602 Pro Se Defendant Date: ~ .mWdX. aa loway,- · I Martson DeardorffWiliiams & Otto Ten East High Street Carlisle, PA 17013-3093 (717) 243-3341 Attorney for Plaintiff Date: By~ Lynette A. Miclette, f~e A.-Bulanhagui 7750 Lago Del Mar Dr., Apt. 709 Boca Raton, FL 334:33 Pro S,Z Defendmlt Date: FEB-02-04 MON 10:03 AM F~OM:7172431807 TO:STUDENT ACCOUNTS PAGE CERTIFICATE OF SERVICE I, Nichole L. Myers, an authorized agent of Martson Deardorff Williams & Otto, hereby certify that a copy of the foregoing Stipulation was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Mr. and Mrs. Virgilio T. Bulanhagui 966 Nicklaus Drive Newport News, VA 23602 MARTSON DEARDORFF WILLIAMS & OTTO Nichole L. Myers d Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: February 12, 2004 DICKINSON COLLEGE, Plaintiff VIRGILIO T. BULANHAGUI, LYDIA BULANHAGUI, his wife, and LYNETTE A. MICLETTE, f/k/a LYNETTE A. BULANHAGUI, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-273 CIVIL ACTION-LAW JURY TRIAL OF TWELVE DEMANDED ORDER OF COURT AND NOW, this ~[Id~ay°f ~L , 2004, upon consideration of the attached Stipulation, judgment is hereby entered in favor of Plaintiff, Dickinson College, against Defendants, Virgilio T. Bulanhagui and Lydia Bulanhagui, in the amount of $25,502.65 plus costs of suit and interest from date of judgment. Prothonotary is directed to enter and index this judgment accordingly. for Plaintiff: David R. Galloway, Esquire Ten East High Street Carlisle, PA 17013 Mr. and Mrs. Virgilio T. Bulanhagui 966 Nicklaus Drive Newport News, VA 23602 BY THE COURT, ////? /~ "'-C-(1~3 x DICKINSON' COLLEGE, Plaintiff VIRG1LIO T. BULANHAOUI, LYDIA BULANHAGUI, his wife, and LYNETTE A. MICLETTE, fJk/a LYNETrE A. BULANHAOUI, Dcfcndants IN ~ COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-273 CIVIL ACTION-LAW JURY TRIAL OF TWELVE DEMANDED SI'IgULATION AND AGREEMENT FOR ENTRY OF JUDGMENT. AND NOW, comes Plainti~ DICKINSON COLLEGE, by and through its attorneys, MARTSON DEARDORFF WILLIAMS ~' OTTO, and Defendants, Virgilio T- Bulanhagui, Lydia Bula_nhagui and Lyn~e A. Miclette, f/k/a Lynette A. Bulanhagui, who stipulate and agree as follows: 1. Pa. K.C.P. 1037 (c) provides that in all eases, the Court, on motion ora party, may enter an appropriate judgment against a party upon admission. 2. Defendants agree and admit that Judgment should be entered against them in favor of Plaintiff in the amount of $25,~02.65 plus costs of suit and interest from date of judgment as per the Notes attached to the Complaint. 3. The pareies agree that the Court, upon motion ofPlainfiff, may enter Judgment pursuant to this Stipulation without issuance ora Rule to Show Cause, and without further proceedings or noti;e_ 4. It is also hereby agreed by and between the parties of~,9~ that this Stipulation may be executed in COunterpartS. [ o l~t¢iciaus i2cive Maason Doardorff Williams Newport News, VA 23602 Pro Se DefeBflant - . r Lyeqh Bulanhagul 966 Nicklaus Drive Newport News, VA 23602 -PrO ~ Defendant Date: Ten East High Street Carlisle, PA 17013-3093 (717) 243.3341 Attorney for Plaintiff Date: By Lyn~ A,'ivficlett¢, fYka/Lynette A. Bulanhagui 7750 Lago Del Mar Dr., Apt. 709 Boca Raton, FL 33433 Pro Se Defendant Date: FEB-02-04 M0N 10:03 AM FROM:71724~1807 TO:STUDENT ACCOUNTS PAGE CERTIFICATE OF SERVICE I, Nichole L. Myers, an authorized agent ofMartson DeardorffWilliams & Otto, hereby certify that a copy of the foregoing Stipulation was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Mr. and Mrs. Virgilio T. Bulanhagui 966 Nicklaus Drive Newport News, VA 23602 MARTSON DEARDORFF WILLIAMS & OTTO Nichole L. Myers Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: February 12, 2004 DICKINSON COLLEGE, Plaintiff V. VIRGILIO T. BULANHAGUI, LYDIA BULANHAGUI, his wife, and LYNETTE A. MICLETTE, f/kda LYNETTE A. BULANHAGUI, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. CIVIL ACTION-LAW JURY TRIAL OF TWELVE DEMANDED PRAECIPE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please satisfy the judgment in the above matter and issue a Certificate reflecting same. MARTSON DEAI:~DORFF WILLIAMS & OTTO id R. Gallowa}~Bsquire ~ I. D. Number 87326 L~ Ten East High Street Carlisle, PA 17013 (717) 243-3341 Date: April 30, 2004 Attorneys for Plaintiff CERTIFICATE OF SERVICE I, Tricia D. Eckenroad, an authorized agent for Martson DeardorffWilliams & Otto, 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: Mr. and Mrs. Virgilio T. Bulanhagui 966 Nicklaus Drive Newport News, VA 23602 MARTSON DEARDORFF WILLIAMS & OTTO ~ia D. Eckern~oad Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: April 30, 2004