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Home My WebLink About01-0163DICKINSON COLLEGE, Plaintiff DENNIS A. CARDILLO, JR., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 200l- /(._3 CIVIL TERM 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 sen, ed, 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 TI-~S PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP: Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 Date: January 8, 2001 MARTSON, DEARDORFF, WILLIAMS & OTTO BY a~krk~De~~~ '-~" I.D. No. 83794 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff DICKINSON COLLEGE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DENNIS A. CARDILLO, JR., Defendant CIVIL ACTION - LAW NO. 2001- /b-~ CIVIL TERM COMPLAINT AND NOW, comes the Plaintiff, Dickinson College, by and through its attorneys, Martson DeardorffWilliams & Otto, and hereby avers as follows: 1. Plaintiff is Dickinson College, 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, Dennis A. Cardillo, Jr., is an adult individual residing at 12 Sandwood Drive, Atco, New Jersey 08004-1031. 3. Defendant is currently or was recently enrolled as a student at Plaintiff's educational institution, Dickinson College. 4. Defendant mutually contracted with Plaintiff to pay tuition, dining service fees and other educational expenses as part of Plaintiff' s promise to provide educational services and teaching to Defendant for said payment. 5. Defendant has failed to pay Plaintiffin full as mutually agreed and contracted. A copy of the Defendant's student account is attached hereto as Exhibit "A" and is incorporated herein by reference as if fully set forth. 6. As of October 30, 2000, the outstanding balance due and payable by Defendant to Plaintiff is $2,121.77, plus interest and costs accruing hereafter. See Exhibit "A" attached hereto. 7. The outstanding balance of $2,121.77 represents the total and actual overdue value of the services provided to the Defendant by Plaintifffur which Defendant has yet to pay. COUNT I BREACH OF CONTRACT 8. Plaintiffhereby incorporates by reference the averments contained in paragraphs 1 through 7 of this Complaint. 9. Plaintiffhas fulfilled, performed and complied with all obligations and conditions of its agreement and contract for services with Defendant. 10. Defendant has breached the expressed and implied obligations, conditions and terms of agreement of Defendant' s contract with Plaintiffto pay the amounts stated herein. See Exhibit"A' attached hereto. WHEREFORE, Plaintiffdemands judgment against the Defendant in the amount 0f$2,121.77 plus interest and costs accruing subsequent to October 30, 2000, and said amount is within the limits set forth for compulsory arbitration in Cumberland County, Pennsylvania. COUNT II QUANTUM MERUIT 11. Plaintiff hereby incorporates by reference the averments contained in paragraphs 1 through 10 ofthls Complaint. 12. The Defendant is liable to the Plaintiffand/or has been unjustly enriched in the amount of $2,121.77 plus interest and costs accruing subsequent to October 30, 2000. WHEREFORE, Plaintiffdemands judgment against the Defendant in the amount of $2,121.77 plus interest and costs accruing subsequent to October 30, 2000, and said amount is within the limits set forth for compulsory arbitration in Cumberland County, Pennsylvania. MARTSON DEARDORFF WILLIAMS & OTTO I.D. No. 83794 Ten East High Street Carlisle, PA 17015~3093 (717) 243-3341 Date: January 8, 2001 Attorneys for Plaintiff 11/i5/2000 11:23 ?172431850 MDWO PAGE 08/09 VBRII~CATION Thomas Meyer. who is the Assistant Tre~,surer of Dickinson College and acknowledges that hc has the authority to cxccute this Veri/ication on behalf of Dickinson College, and further certifies that the foregoing Complaint is based upon information which has been gathered by my counsel in preparntionofthelawsuk. Thelangual~eo£thisComplaintisthatofcoonsclandt~otmyown. Ihave read the document and to the extent that thc Complaint is based upon information which I have give~ to my counsel it is true and correct to the best of my knowledge, information and belie~.. To the extent that the content of the Complaint is that of counsel, I have relied upon counse! in making this Verification. This statement and Verification arc made subject to the penalties of 18 Pa, C.S. Section 4904 relating to unsworn falsification to authorities, which provides ~hat if I make knowingly iasc averments, I may be subject to criminal penalties. Dickinson College By: ~~ NOV-IS-00 ~ED 10:25 AM F~0M:7172431850 TO:STUDENT ACCOUNTS PAGE 8 Exhibit A M Exhibit "A" 7 oo~o ~ o oo° o o o o i~ DiCkinson Dickinson College P.O. Box 1773 Carlisle, l~A 17013-2896 /~hont 717-243-~I21 w~b htlp://w~.dickimon.edu ~'uly 7, 2000 Mr. Dennis A. Cardillo Jr. 12 Sandwood Dr. Arco, NJ 08004-1031 Dear Dennis: Over the past several months we have sent several statements and letters, to you requesting payment of your outstanding balance. We are concerned that you have not yet responded. The amount currently due is $2,121.77. Unfommately, at this point it is our unpleasant duty to refer tNS matter to persons outside the College for action. I can no longer wait for payment. A good credit rating is very important. In order to avoid the transfer of this balance to a collection agency, please send us your check by August 11, 2000. It is important that you give this matter your immediate attention. cc: student file Sincerely, Tracy Reich Admimstrative Assistant Student Accounts ~ 757 Receipt four Certified Mail No insurance Coverage Provided ~ Do not use fo; international Malt (~ee Reverse) Return Receipt Sho~ina~ ~ is your RETURN ADDRESS completed on the reverse aide? Thank you for using Return Receipt Service. April5,2000 Mr. Dennis A. Cardillo Jr. 12 Sandwood Dr. At~9, NJ 08004-1031 Dear Dennis: We note that Dennis's account has an outstanding balance of $2,071.77 though statements have been sent indicating the balance due no payment has yet been received. Please give this matter your prompt attention. We recognize that there may be extenuating circumstances related to work or to travel or perhaps to the mails. Our staff is available at (717) 245-1953 to discuss your account further, if you would find that helpful. Please do not hesitate to give us a call. Sincerely, Tracy R. Reich Administrative Assistant Student Accounts cc: smdentfile March 15, 2000 Mr. Dennis A. Cardillo Jr. 12 Sandwood Dr. Atco, NJ 08004-1031 Dear Dennis: Your current student account balance is $2,071.77. This should have been cleared prior to your registration for the Spring, 2000 semester. You must take care of this balance in order to pre-register this month for our Fall, 2000 courses. Should you need financial assistance, contact the Financial Aid Office at (717) 245-1308. If you or your parents would like to contact me, I may be reached by calling (717) 245-1518. My e-mail address is meyert~dickinson, edu If you have already sent us your payment, please accept our thanks and disregard this letter. If you are awaiting a response to your financial aid application, then please contact our Financial Aid Office for verification at your earliest convenience. Your immediate attention to this matter will be very much appreciated. Sincerely, Thomas B. Meyer Assistant Treasurer cc: Student Accounts Office Financial Aid Office DICKINSON COLLEGE, Plaintiff DENNIS A. CARDILLO, JR., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2001- 163 CIVIl,TERM PRAECIPE TO SATISFY, DISCONTINUE, AND DISMISS TO THE CUMBERLAND COUNTY PROTHONOTARY: Please mark the above captioned matter as satisfied, discontinued, and dismissed. MARTSON DEARDORFF WILLIAMS & OTTO Ten East High Street Carlisle, PA 17013-3093 (717) 243-3341 Attorneys for Plaintiff Date: February 6, 2001 CERTIFICATE OF SERVICE I, Jacqueline A. Decker, an authorized agent of Martson DeardorffWilllams & Otto, hereby certify that a copy of the foregoing Praecipe to Satisfy, Discontinue and Dismiss was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Mr. Dennis A. Cardillo, Jr. 12 Sandwood drive Atco, NJ 08004-1031 MARTSON DEARDORFF WILLIAMS & OTTO ~q~line A. Decker Fen East High Street Carlisle, PA 17013 (717) 243-3341 Dated: February 6, 2001