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Home My WebLink About01-0166DICKINSON COLLEGE, Plaintiff IN THE COURT OF COMMON PLEAS OF CLrMBERLAND COUNTY, PENNSYLVANIA NOELLE C. EVANGELHO, Defendant CIVIL ACTION - LAW NO. 2001- /G(- 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 Tills PAPER TO YOUR LAWYER AT ONCE. 1F YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE TIlE 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 BYM~rk A. Denlinger, Esquir~/ 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 NOELLE C. EVANGELHO, Defendant CIVIL ACTION - LAW NO. 2001- ?66 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, Noelle C. Evangelho, is an adult individual residing at 403 Bonita Street, Sausalito, California 94965. 3. Defendant is currently or was recently enrolled as a student at Plaintiff's educational institution, Dickinson College. 4. Defendant mutually contracted with Plaintiffto 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 Plaintiffis $1,235.19, plus interest and costs accruing hereafter. See Exhibit "A" attached hereto. 7. The outstanding balance of $1,235.19 represents the total and actual 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. 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, Plaintiff.demands judgment against the Defendant in the amount ors 1,235.19 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 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 Plaintiff.and/or has been unjustly enriched in the amount of $1,235.19 plus interest and costs accruing subsequent to October 30, 2000. WHEREFORE, Plaintiffdemandsjudgment against the Defendant in the amount of $1,235.19 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 17013-3093 (717) 243-3341 Date: January 8, 2001 Attorneys for Plaintiff VERII~CATION Thomas Meyer, who is the Assistant Treasurer of Dickinson College and acknowledges that he has thc authority ~o eonecuto this Ver~cation on behalf of'Dickinson College, and fttrther c~rtifies tha~ the foregoing Comp~ut is based upon i~orma~ion which l~s be~m gathered b~ my counsel in the preparation of the l~wsu~, The land, age or,his Complaint is ~hat oFcounsel and not my own. I have read ~,e documcnt and to thc ~terrt that the Cornpl~ut is based upon information which ! hav~ given to my counsel, it is ~rue and correc~ to the best of my knowledge, information a~i belief. To ~he ex-tent ~hat thc content of~e Complaln~ is ~ of counzel, I have relied upon coun~ in malting this Th]s statement and Vefifica~on are made subjec~ to Eo penalties of 18 Pa. C.S. Section 4904 rela~-~g to unsworn falsification to authodtics, wl~¢h prov~dcs t~at if ! make knowingly averments, I may be subject to criminal penal~es. D~c~inson College l~om~ Meyer.~/ Exhibit A o Exhibit "A" Dic'kinson Dickinson College [~O. Box 1773 Carlisle, PA 17013-2896 phone 717-243-5121 u~b http://w,~v, dickimon.edu July 7, 2000 Ms. Noelle C. Evangelho 403 Bonita St. Sausalito, CA 94965 Dear Noelle: Over the past several months we have sent several statements and letters, to you requesting payment of your outstand'mg balance. We are concerned that you have not yet responded. The mount currently due is $1,175.99. Unfortunately, at this point it is our unpleasant duty to refer this 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. Thank you. cc: student file Sincerely, Tracy Reich Administrative Assistant Student Accounts Receipt for Certified Mall NO Insurance Coverage Provided ,~,~ Do not use for International Mail (See Reverse) State and ZIP Apdl5,2000 Ms. Noelle C. Evangelho 403 Bonita St. Sausalito, CA 94965 Dear Noelle: We note that Noelle's account has an outstanding balance of $I,125.99 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 malls. 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: student file March 15, 2000 Ms. Noelle C. EvangeIho 403 Bonita St. Sausalito, CA 94965 Dear Noelle: Your current student account balance is $1,125.99. 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 £mancial 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 NOELLE C. EVANGELHO, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2001-166 CWIL ACTION-LAW JURY TRIAL OF TWELVE DEMANDED PRAECIPE Please reinstate the attached Compliant against Noell¢ C. Evangelho, 1725 Marion Avenue, D#10, Novato, CA 95945, in the above-captioned action and return same to the undersigned for service. Date: February 18, 2003 MARTSON DEARDOI3~FF WILLIAMS & OTTO -David R. Gallo~'~y,"E-~l~ire I. D. Number 87326 Ten East High Street ~ Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff MDW 5 O TEN EAST HIGH STREET CARLISLIi, PENNSYLV^NI~. 17015 DICKINSON COLLEGE, Plaintiff V. NOELLE C. EVANGELHO, Defendant 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2001-166 CIVIL ACTION-LAW JURY TRIAL OF TWELVE DEMANDED PRAECIPE Please reinstate the attached Compliant against Noetle C. Evangelho, 1725 Marion Avenue, D#10, Novato, CA 95945, in the above-captioned action and return same to the undersigned for service. 5S & OTTO Ten East High Street Carlisle, PA 17013 (717) 243-3341 Date: May 5, 2003 Attorneys for Plaintiff DICKINSON COLLEGE, Plaintiff V. NOELLE C. EVANGELHO, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2001-166 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 personally served upon Noelle C. Evangelho on May 30, 2003. Attached is the Affidavit of Service and a copy of the receipt showing the cost of service. ID. No. 87326 I Ten East High Street ~ Carlisle, PA 17013 -3093 (717) 243-3341 Date: /~//z/O3 Attorneys for Plaintiff C~r!isle, PA 17013 NAME AND ADDRES8 OF GOURT COL.'[ of Co m mort Pleas Cumberland County, Pennsylvania TELEPHONE NO , (717)243-3341 Pt..%IN TIFF (~); Dic~i~0n College 0E~EN[~N~T (S): Noelle C. Evangelho PROOF OF SERVICE (Pomona J) Date: 2001-166 Civil Term 1. At the time of sewice I t,'cas at least 18 years of age and not a party to this action, and I served copies of the following: Notice & Complaint w/Exhibit A 2. Pa~ly served: Noele C. Evangelho 1825 Lincoln,Ave. Apt 121 San Rafael, CA 94601 3, By delivery ~ at home r-I at business a. on (date): 5/$0/03 b. at (time): 00:23 pm 4. Remarks (if any): Note defendant's new address per apartment manager at Marion Ave. address. 5. Person sewing (name, address and telephone number): M. Thompson Matin County Sheriff's Office 3501 CMc Center Drive Room 145 San Rafael, CA. 94903 415 499-7282 k [] I declare under penalty of perjury under Ihe la~s of the State of Caifomia that the foregoing is true and correct. t [] I am a California sheriff, marshal, or constable and I cedifythat the foregoing is true and correct. a. Fee for sewice: $ 38,00 Notary ,re: 8,"2,,~3 11:12:21 AM e Number: 03000961 (SIGNATURE OF SEF~dER) PROOF OF SERVICE 5/29/03 Marin County Sheriff's Office Payment Receipt Payment Made By: Martsun, Deardorft} Williams & Otto Ten East High Street Carlisle. PA 17013 File Number: 03000961 Payment Date: 5/29/03 Payment Type: Cheek Cbeclt Number: 11606 Receipt Number: 960 Court Number: 2001-166 Civil Term Plaintiff: Dickinson Colllege VS. Defendant: Noelle C. Evangelho Payment Total $38.00 $38.00 Received By: E.DeNe~ri Marin County Sheriffs or, ce 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: Ms. Noelle C. Evangelho 1825 Lincoln Avenue, Apt. 121 San Rafael, CA 94901 MARTSON DEARDORFF WILLIAMS & OTTO Christimt N. Yost Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: June 12, 2003 DICKINSON COLLEGE, Plaintiff NOELLE C. EVANGELHO, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2001-166 CIVIL ACTION-LAW JURY TRIAL OF TWELVE DEMANDED TO: NOELLE C. EVANGELHO, Defendant NOTICE OF ENTRY OF DEFAULT JUDGMENT You are hereby notified that on July 10, 2003, the following Judgment was entered against you in the above-captioned case: in the amount orS 1,235.19, plus costs of suit and interest accruing at 6% per annum from date of judgment for Defendant's failure to file an answer to the Complaint. Prothonotary I hereby certify that the name and address of the proper person to receive this notice under Pa. R. Civ. P. 236 is: Ms. Noelle C. Evangelho 1825 Lincoln Avenue, Apt. 121 San Rafael, CA 94901 DICKINSON COLLEGE, Plaintiff NOELLE C. EVANGELHO, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2001-166 CIVIL ACTION-LAW JURY TRIAL OF TWELVE DEMANDED PRAECIPE TO THE PROTHONOTARY: Enter default judgment in the above-captioned action in favor of Plaimiff and against Defendant in the amount of $1,235.19, plus costs of suit and interest accruing at 6% per annum from date of judgment 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 June 23, 2003, which date was subsequent to the date default occurred and at least ten (10) days prior to the date of the Praecipe. ILLIAMS & OTTO Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff Dated: July 10, 2003 DICKINSON COLLEGE, Plaintiff NOELLE C. EVANGELHO, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2001-166 CIVIL ACTION-LAW JURY TRIAL OF TWELVE DEMANDED TO: NOELLE C. EVANGELHO, Defendant NOTICE OF INTENTION TO FILE PRAECIPE FOR ENTRY OF DEFAULT JUDGMENT YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION REQUIRED OF YOU IN THIS CASE. 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 NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP: Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 Date: June 23, 2003 MARTSON DEARDORFF ~I LLIAMS & OTTO BYDavid ~Es~ulre~ I. D. Number 87326 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff CERTIFICATE OF SERVICE I, Christina N. Yost, an authorized agent of Martson Deardorff Williams & Otto, hereby certify that a copy of the foregoing document was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Ms. Noelle C. Evangelho 1825 Lincoln Avenue, Apt. 121 San Rafael, CA 94901 MARTSON DEARDORFF WILLIAMS & OTTO Christina N. Yost Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: July 8, 2003