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Home My WebLink About01-0167DICKINSON COLLEGE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JAMIESON K. HERRICK, Defendant CIVIL ACTION - LAW NO. 2001- /6 7 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 wrifmg 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 FOKTH 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 IV~ark . enlh~r, Esqui~ I.D. No. 83794 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff DICKINSON COLLEGE, Plaintiff JAMIESON K. HERRICK, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2001- /?, 7 CIVIL TERM COMPLAINT AND NOW, comes the Plaimiff, 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, Jamieson K. Herrick, is an adult individual residing at 75 Boucher Road, Lunenburg, Massachusetts 01462. 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 Plaimiffin 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 31, 2000, the outstanding balance due and payable by Defendant to Plaintiffis $4,875.83, plus interest and costs accruing hereafter. See Exhibit "A" attached hereto~ 7. The outstanding balance of $4,875.83 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. 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, Plalntiffdemand s judgment against the Defendant in the amount of $4,875.83 plus interest and costs accruing subsequent to October 31, 2000, and said amount is within the limits set forth for compulsory arbitration in Cumberland County, Pennsylvania. COUNT II 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 $4,875.83 plus interest and costs accruing subsequent to October 31, 2000. WHEREFORE, Plaintiffdemands judgment against the Defendant in the amount of $4,875.83 plus interest and costs accruing subsequent to October 31, 2000, and said amount is within the limits set forth for compulsory arbitration in Cumberland County, Pennsylvania. MARTSON DEARDORFF WILLIAMS & OTTO M/ark A. Denlinge"t~Esquire ff,/ I.D. No. 83794 Ten East High Street Carlisle, PA 17013-3093 (717) 243-3341 Date: January 8, 2001 Attorneys for Plaintiff VERIFICATION Thon~ Meyer, who is the Ass/staut Treasurer of Dickinson ColleE~ aud ~cknowle~tEes that he ha~ the authority to execute this Veri~c~tion on behalf of Dickinson College,, and it~rthe~ certifies th~ the fere§oing Complaint is based upon infom~tion which l~s been gsthe~ed by my counsel in the prepnmt~onoftheL~ws~t. Thehnsuag¢ofthisComplaintistl~t o£counselaudnotmyown. Ilmve rc~l the document and to the extent that the Comphint is b~sed uponinfommtion which ! h~e ~iven to my ~ounsel, it is true and ~orrect to the best of my knowledge, information nmi belief. To the ~'tent that the oontent of the Complaint is that of counsel, I have relied upon counsel in making this Verification_ This statement and Vcrificatinn are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to anthoriti~s~ which provides that if I make knowir~ly false averments, I may be subjeot to criminal penalties. Dickinson College Exhibit A 0 Exhibit "A" Dickinson Dickimon College EO. Box 1773 Carlisle, PA 17013-2896 ghone 717-243-5121 web http://www, dickinson.edu July 7, 2000 Mr. Jamieson K. Herrick 75 Boucher Kd.. Lunenburg, MA 01462 Dear Jamieson: 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 $4,875.83. 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 Adminislrative Assistant Student Accounts (esJe^e~l mmmmmmm pep!^o~d ~Se~e^oD eoue~neul ON ~ Im. gl~l pe!J!l~eo ~ · eapueS ldleoel~ uJm, ebl I~ulsn JOl noX ~tueq.L April 5, 2000 Mr. Jamieson K. Herrick 75 Boucher Rd. Lunenburg, MA 01462 Dear Jamieson: We note that Jamieson's account has an outstanding balance of $4,875.83 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 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, Tracy R. Reich Administrative Assistant Student Accounts cc: student file March 15, 2000 Mr. Jamieson K. Herrick 75 Roucher Rd. Lunenburg, MA 01462 Dear Jamieson: Your current student account balance is $1,760.83. 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 ve~, much appreciated. Sincerely, Thomas B. Meyer Assistant Treasurer cc: Student Accounts Office Financial Aid Office DICKINSON COLLEGE, Plaintiff V~ JAMIESON K. HERRICK, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2001~167 CIVIL ACTION-LAW JURY TRIAL 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 san~e. Date: February 13, 2003 MARTSON DEARDORFF ¢/ILLIAMS & OTTO David R. Galloway, Esqmre I.D. Number 87326 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. Jamieson K. Hemck 75 Boucher Road Lunenburg, MA 01462 MARTSON DEARDORFF WILLIAMS & OTTO Christina N. Yost Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: February 13, 2003