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Home My WebLink About04-0861DICKINSON COLLEGE, Plaintiff DAVID R. CATANESE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04- ~"~l 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 ELIG1BLE PERSONS AT A REDUCE FEE OR NO FEE: Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 Dated: February 24, 2004 M?T~RFF WILLIAMS& OTTO I. D. Number 87326 "~ -- Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff DICKINSON COLLEGE, Plaintiff DAVID R. CATANESE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04- CIVIL ACTION-LAW JURY TRIAL OF TWELVE DEMANDED COMPLAINT AND NOW, comes Plaintiff, Dickinson College, by and through its attorneys, Martson DeardorffWilliams & Otto, and hereby avers as follows: 1. Plaintiff Dickinson College, (hereinafter"Dickinson"), is a Pennsylvania educational institution with its principal offices located in Carlisle, Cumberland County, Pennsylvania 17013. 2. Defendant David R. Catanese, (hereinafter "Student"), is an adult individual whose last known address is 814 Daniel Shays Hwy., Worcester County, Athol, MA, 01331. below. COUNT I DICKINSON COLLEGE v. RALPH J. CATANESE BREACH OF CONTRACT Paragraphs 1 through 2 are incorporated herein by reference as if set forth in full 4. Student is currently or was recently enrolled at Dickinson 5. Student opened a Student Receivables Account ("Account") with Dickinson to pay tuition, dining service fees and other educational expenses provided and rendered to Student by Dickinson. A tree 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 of repayment required Student to pay all balances 14 (fourteen) days before the beginning o f each semester. 9. Student defaulted on the repayment of the Account by not paying the balance when due. 10. default. 11. 12. Notices were forwarded to Student informing him of his default and fight to cure such Student failed to cure such defaults. The total amount which is immediately due and payable to Dickinson by Student on the Account is Four Thousand Four Hundred Seventy-Eight Dollars and Ninety-Three Cents $4,478.93). WHEREFORE, Plaintiff Dickinson College demandsjudgment against Defendant Catanese in the sum of Four Thousand Four Hundred Seventy-Eight Dollars and Ninety-Three Cents ($4,478.93), plus late fees, costs of suit, attorneys' fees and collection costs, and interest from date of judgment. COUNT II DICICINSON COLLEGE v. DAVID R. CATANESE IN QUANTUM MER UIT In the alternative, if this Honorable Court should determine that an express contract between Dickinson and Catanese 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 Four Thousand Four Hundred Seventy-Eight Dollars and Ninety-Three Cents ($4,478.93). 17. Dickinson demanded payment of the above sums but Student failed and refused to do so. WHEREFORE, Plaintiff Dickinson College demands.judgment against Defendant Catanese in the sum of Four Thousand Four Hundred Seventy-Eight Dollars and Ninety-Three Cents ($4,478.93), until Defendant Catanese's obligation is paid in full, plus late fees, costs of suit, attorneys' fees and collection costs, and interest from date of judgment. Date: February 24, 2004 MARTSON DEARDORFF WILLIAMS & OTTO BYDavid R. Galloway, ~,~.s.q..v4[e I. D. Number 87326 -~ \ Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff FEB-27-04 FRI 09:I9 AM STUDENT ACCOUNTS FAX: 7172451850 EXHIBIT FEB-2?-04 FRI 09:19 STUDENT ACCOUNTS FAX:T17245~0 ........ 6 66 .......... EXHIBIT STUDENT ACCOUNTS EXHIBIT FEB-27-04 FRI 09:20 A~ STUDENT ACCOUNTS FAX:7172451850 PAGE 5 EXHIBIT 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 Thomas Meyer ~ Assistant Treasurer of Dickinson College Dated: F:~F~LES\DATAF~I-E~Dickins~nC~ege76~9~Di¢k~ns~nC~egeC~cti~ns76~9C~Curr~nt~235c~r~l wpd ~ECEIVEL FEB 2 0 200~ MDW~ CERTIFICATE OF SERVICE I, Martha-Anne lben, 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: David R. Catanese 814 Daniel Shays Hwy. Athol, MA 01331 MARTSOI',J DEARDORFF WILLIAMS & OTTO Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: February 24, 2004 DICKINSON COLLEGE, Plaintiff DAVID R. CATANESE, Defendant 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-861 CIVIL ACTION-LAW JURY TRIAL OF TWELVE DEMANDED PRAECIPE TO DOCUMENT SERVICE AND COST OF SERVICE PURSUANT TO THE PENNSYLVANIA LONG ARM STATUTE I hereby certify that a copy of the Complaint was mailed to Defendant David R. Catanese on March 2, 2004, by certified mail, restricted delivery, return receipt requested. Attached is the Post Office return receipt signed and dated March 4, 2004, and a copy of the receipt showing the cost of service was $8.38. MARTSON DEARDORFF WILLIAMS & OTTO Ten East High Street Carlisle, PA 17013-3093 (717) 243-3341 Date: March 10, 2004 Attorneys for Plaintiff i'~ {Endomement Require~ 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. David R. Catanese 814 Daniel Shays Highway Athol, MA 01331 MARTSON DEARDORFF WILLIAMS & OTTO "~Tricia D. Eckenroad ~ Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: March 10, 2004 DICKINSON COLLEGE, Plaintiff V. DAVID R. CATANESE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-861 CIVIL ACTION-LAW JURY TRIAL OF TWELVE DEMANDED NOTICE OF ENTRY OF DEFAULT JUDGMENT TO: DAVID 1L CATANESE, DEFENDANT You are hereby notified that on April ~,~, 2004, the following Judgment was entered against you in the above-captioned case: [I]n the amount of $4,478.93 plus reasonable attorneys' fees, costs of suit and interest from date of judgment at 6% per annum for Defendant's failure to file an answer to the Complaint. Date: ~//a2 {~[~/~' Prothonc fa~J ~'~rd' ~- I hereby certify that the name and address of the proper person to r~ffeiv~this notice under Pa. R. Civ. P. 236 is: Mr. David R. Catanese 814 Daniel Shays Highway Athol, MA 01331 DICKINSON COLLEGE, Plaintiff DAVID R. CATANESE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-861 CIV][L ACTION-LAW JURY TRIAL OF TWELVE DEMANDED PRAECIPE TO THE PROTHONOTARY: Enter default judgment in the above-captioned action in favor of Plaintiff and against Defendant in the amount of $4,478.93 plus reasonable attorneys' fees, costs of suit and interest from date of judgment at 6% per annum for Defendant's failure to file an answer to the Complaint. I do hereby certify that a written notice of intention to file this Praecipe (in the form attached hereto) was mailed to the Defendant at the address indicated thereon, on April 6, 2004, which date was subsequent to the date default occurred and at least ten (10) days prior to the date of the Praecipe. MARTSON DEARDORFF WILLIAMS & OTTO Ten East High Street Carlisle, PA 17013-3093 (717) 243-3341 Date: April 26, 2004 Attorneys for Plaintiff 7619C 235 DICKINSON COLLEGE, Plaintiff DAVID R. CATANESE, Defendant TO: DAVID R. CATANESE IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-861 CIVIL ACTION-LAW JURY TRIAL OF TWELVE DEMANDED IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE 1N WRITING 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. Cumberland County Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 Telephone:(717) 249-3166 MARTSON DEARDORFF WIL[~L4MS & OTTO Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: April 6, 2004 Attorneys for Plaintiff U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATtONAL MAIL, DOES NOT MARTSON DEARDORFF WILLIAMS 5 OTTO Ten East High Street i~wrlisle, PA 17013.S093 One piece of ordinary mail a, ddr~essed ~o: PS Form 38t7, January 2001 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. David R. Catanese 814 Daniel Shays Highway Athol, MA 01331 MARTSON DEARDORFF WILLIAMS & OTTO TT~,,aI~ ~' EckenrOad Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: April 26, 2004