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Home My WebLink About01-0165DICKINSON COLLEGE, Plaintiff 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JEREMY W. DEVANEY, Defendant CIVIL ACTION - LAW NO. 2001- /O b/ 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 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 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. Denli rD. 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 JEREMY W. DEVANEY, Defendant CIVIL ACTION.3 LAW NO. 2001- ?g- 5 CIVIL TERM COMPLAINT AND NOW, comes the Plaintiff, Dickinson College, by and through its attorneys, Martson DeardorffWilliams & Otto, and hereby avers as follows: 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, Jeremy W. Devaney, is an adult individual residing at 115 Main Street, Centerville, Massachusetts 02632. 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 ofPlaintiW s promise to provide educational services and teaching to Defendant for said payment. 5. Defendant has failed to pay Plainfiffin 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 Plaintiffis $9,031.33, plus interest and costs accruing hereafter. See Exhibit "A" attached hereto. 7. The outstanding balance of $9,031.33 represents the total and actuai overdue value of the services provided to the Defendant by Plaintiff for which Defendant has yet to pay. COUNT I BREACH OF CONTRACT 8. Plaintiff hereby incorporates by reference the averments contained in paragraphs 1 through 7 of this Complaint. 9. Plaintiff has 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 Plaintiff to pay the amounts stated herein. See Exhibit"A" attached hereto. WHEREFORE, Plaintifdemandsjudgment against the Defendant in the amount of $9,031.33 plus interest and costs accruing subsequent to October 30, 2000, and said an~ount is within the limits set forth for compulsory arbitration in Cumberland County, Pennsylvania. COUNT H OUANTUM MERUIT 11. Plaintiff hereby incorporates by reference the averments contained in paragraphs 1 through 10 of this Complaint. 12. The Defendant is liable to the Plaintiffand/or has been unjustly enriched in the amount of $9,031.33 plus interest and costs accruing subsequent to October 30, 2000. WHEREFORE, Plaintiff demands judgment against the Defendant in the amount of $9,031.33 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 IV~rk A. Denli~r, Esquire U I.D. No. 83794 Ten East High Street Carlisle, PA 17013-3093 (717) 243-3341 Date: January 8, 2001 Attorneys for Plaintiff VERIFICATION Thomas M~,cr, who is thc Assistant Treasurer of Dickinson College and acknowlcctges that he has the authority to execute this Verification on behalf of Dickinson Collcgc, and fu~h~r certifies that the foregoing Complaint is based upon informat/on which has bm ~ath~red by my counsel in the preparation of the hwsult. The langua§e ofth/s Complaint is that ofcuunsel and not my own. I have read the document and to the extent that the Complaint is based upon information which I have ~ivan to my counsel, it i~ true and correct to thc best of my knowledge, information and beli~ To the e_~ent that the COnte~t of the Complaint is that of counsel, I have relied upon counsel in making thi~ Verification. Th/s statement and Ver/fication are made subject to the penalties of 15 PL C,S. Section 4904 rehting to un~vor~ falsification to authorit/es, wb./ch prov/dcs that if I make knowingly false averments, I may be subject to criminal pendtles. Dickinson College By: ~ ~ NOV-15-00 WED 10:26 AM FROM:?I72431850 TO:STUDENT ACCOUNTS PAGE 9 Exhibit A M Exhibit "A" 0 000 0 ~0 0 000 0 0 000 0 ~0 0 0~0 0 O OO O O O O OE2OOOO C) (29 O O OO O (D O O O O O O H H O OO O O O O O~OOOO CD C~ O O OO O O O O O O C; O O O O OO CD O O O OOOOOO O CD O O OO C; O O O O O (D CD U~ U1 Ut Dickinson Dickinson College E O. Box 1773 Carlisle, PA 17013-2896 phone 717-243-5121 web httg://www, dickin~on.edu July 7, 2000 Mr. Jeremy W. Devaney 115 Main St. Centerville, MA 02632 Dear Yeremy: 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 mount currently due is $9,031.33. Unfortunately, at this point it is our unpleasant duty to refer tl~s 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 1 I, 2000. It is important that you give this matter your immediate attention. cc: student file Sincerely, Tracy Reich Admirdstrative Assistant Student Accounts ~_~_ 757 R~¢~ipt for Certified Mail No Insurance Coverage Provided Do not use for Internat~onel Mail (See Reverse) AprilS, 2000 Mr. Jeremy W. Devaney I15 Main St. Centerville, MA 02632 Dear Jeremy: We note that Jeremy's account has an outstanding balance of $8,981.33 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 maybe extenuating circumstances related to work or to travel or perhaps to the mails. Our staffis 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, Tmcy R. Reich Admin/strative Assistant Student Accounts cc: student file March 15, 2000 Mr. Jeremy W. Devaney 115 Main St. Centerville, MA 02632 Dear Jeremy: Your current student account balance is $8,981.33. This should have been cleared prior to your registration for the Spring, 2000 semester. You must take care of this balance now in order to remain at Dickinson this semester. On March 24, 2000 1 will be giving the Registrar a list of students to drop from enrollment. Your name is presently on that list. Please clear this balance before that time. If you don't, you will have to leave school immediately. 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-mall address is mevert .~,,dickinson,edu If you have akeady 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 V. JEREMY W. DEVANEY, De£endant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2001-165 CWIL ACTION-LAW JURY TR1A]~ OF TWELVE DEMANDED PRAECIPE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please mark the judgment in the above-captioned case satisfied and issue a certificate reflecting the same. Date: February 12, 2003 MARTSON DEARDq~I:~F_ F WILLIAMS & OTTO BYDavid R. Gallowa ,y'q~qm[eI I.D. Number 87326 \1 Ten East High Street Carlisle, PA 17013-3093 (717) 243-3341 Attorneys for Plaintiff CERTIFICATE OF SERVICE I, Christina N. Yost, an authorized agent for Martson 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, PA, first class mail, postage prepaid, addressed as follows: Mr. Jeremy W. Devaney 115 Main Street Centerville, MA 02632 MARTSON DEARDORFF WILLIAMS & OTTO Ct~ristina N. Yost Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: February 12, 2003