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HomeMy WebLinkAbout01-0168DICKINSON COLLEGE, Plaintiff 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SUZANNE PARKER, Defendant CIVIL ACTION - LAW NO. 2001- /6, 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 TH/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 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff DICKINSON COLLEGE, Plaintiff SUZANNE PARKER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2001- /6 3~ 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, Suzanne Parker, is an adult individual residing at 344 Mayo Road, Orange, Massachusetts 01364. 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 3 l, 2000, the outstanding balance due and payable by Defendant to Plaintiffis $15,050.82, plus interest and costs accruing hereafter. See Exhibit "A" attached hereto. 7. The outstanding balance of$15,050.82 represents the total and actual overdue value of the services provided to the Defendant by Plaintifffor 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 ofagreement 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 of $15,050.82 plus interest and costs accruing subsequent to October 31, 2000, and said amount is with'm 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 of this Complaint. 12. The Defendant is liable to the Plaintiffand/or has been unjustly enriched in the amount of $15,050.82 plus interest and costs accruing subsequent to October 31, 2000. WHEREFORE, Plaintiff demands judgment against the Defendant in the amount of $15,050.82 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 By v ~. M~k A. Denhnger, Esqmre(j LD No. 83794 Ten East High Street Carlisle, PA 17013-3093 (717) 243-3341 Date: January 8, 2001 Attorneys for Plaintiff VERIFICATION Thomz~ Meyer, who is the A~sistant Treasurer of Diokinson College and acknowledges that he has thc ~,thorityto execute this Verification on behalf of Dickinson College, and fl.u~her certifies that the fotegoh-ag ComploJnt is based upon information which has been gathered by my counsel in the preparation ortho Iawzu/t. The language ofthis Complaint is that of counsel and not my own. Ihave rvad the document and to the extent that the Complaint is based upon information which ! have given to my counsel, it is true and correct to the best of my knowledge, ir, formation and beliefi To the extent that the content of the Complaint is that of counsel, I have relied upon eotmsel in making this Verification. This statement and Verification m'e made subject to the penalties of 18 Pa. C.S. Section 4904 relat/ng to unswom falsification to author[ties, which provides that if' I m~ke knowingly false aYermems, I may be subjec~ to criminal penalties. Dickinson College Thom~ Meyer Exhibit A om Exhibit "A" L~9~ ~600 ~00 022E 660& DiCkinson Dickinson College P.O, Box 1773 Carlisle, PA 17013-2896 phone 717-243-5121 ' toe8 http:/lw'ww, dlckinsomedu July 7, 2000 Ms. Suzaune Parker 344 Mayo Rd. Orange, MA 01364 Dear Suzanne: Over the past several months we have sent several statements and letters, to you requesting payment of your outstanding balance. We are conceraed that you have not yet responded. The mount currently due is $15,050.82. Unfortunately, at this point it is our unpleasant duty to refer this matter to persons outside the College for action. I can no longer walt for payment. A good credit rating is very important. Irt order to avoid the tran.qfer 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. ce: student file Sincerely, Tracy Reich Admin/strafive Assistant Student Accounts April5,2000 Ms. Suzanne Parker 344 Mayo Rd. Orange, MA 01364 Dear Suzalme: We note that Suzanne's account has an outstanding balance of $15,050.82 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 Ms. Suzarme Parker 344 Mayo Rd. Orange, MA 01364 Dear Suzanne: Your current student account balance is $15,050.82. 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 [ 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. Il'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-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 Offic~e Financial Aid Office DICKINSON COLLEGE, Plaimiff V. SUZANNE PARKER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2001-168 CIVIL ACTION-LAW JURY TRIAL OF TWELVE DEMANDED PRAECIPE Please reinstate the attached Compliant against Suzarme Parker in the above-captioned action and return same to the undersigned for service. Date: February 18, 2003 MARTSON DEARDORFFi~VILLIAMS & David R. Galloway, Esquire I. D. Number 87326 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff OTTO .MDW O DICKINSON COLLEGE, : Plaintiff : SUZANNE PARKER, : Defendant : 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2001-168 CIVIL ACTION-LAW JURY TRiAL OF TWELVE DEMANDED PRAECIPE Please reinstate the attached Complaint against Suzanne Parker to be served upon her at 820 Connecticut Avenue, #22, Holloman, Air Force Base, New Mexico 88330 in the above-captioned action and return same to the undersigned for service. Ten East High Street Carlisle, PA 17013 (717) 243~3341 Date: August 19, 2003 Attorneys for Plaintiff DICKINSON COLLEGE, Plaintiff V. SUZANNE PARKER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2001-168 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 Suzanne Parker on August 22, 2003, by certified mail, restricted delivery, return receipt requested. Attached is the Post Office return receipt signed "Suzarme Parker" and dated September 2, 2003, and a copy of the receipt showing the cost of service was $8.38. MARTSON DEARD~~)~.~& OTTO David R. Galloway, Esq'tfi, r~ I, D. Number 87326 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Date: September 15, 2003 Attorneys for Plaintiff · Complete items 1, 2, end 3. Ah~O c~mpiete item 4 if Resthcted Deitvery is desired. · Print your name and addm~ on the reveme so that we cen return the card to you. · Attach this car~ to the beck of the ml~ilpiece, or on the front if space permits, 1. Art[cie ~ddressed to: Form 3811, August 2001 · "~ ¥1~S, enter demiv~y add~ess below: [] No 7003 1010 0001 1202 7742 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: Ms. Suzanne Parker 820 Connecticut Avenue, #22 Holloman Air Force Base, NM 88330 MARTSON DEARDORFF WILLIAMS & OTTO QTriEIa D. Eckenroad Ten East High Street Carlisle, PA 17013 (717) 243~3341 Dated: September 15, 2003 DICKINSON COLLEGE, Plaintiff V. SUZANNE PARKER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2001-168 CIVIL ACTION-LAW JURY TRIAL OF TWELVE DEMANDED ORDER OF COURT / AND NOW, this~,~_~ d~ay of January, 2004, upon consideration of the attached Stipulation and Agreement for Entry of Judgment, judgment is hereby entered in favor of Plaintiff Dickinson College and against Defendant Suzanne Parker in the mount of $15,050.82, plus costs of suit and interest accruing at 6% per annum from date 9f judgment. Prothonotary is directed to enter and index this judgment accordingly. BY THE COURT, for Plaintiff: vdSavid R. Galloway, Esquire Ten East High Street Carlisle, PA 17013 Pro Se Defendant: ,...~alzanne Parker 100 Crews Avenue, C23 Alamogordo, NM 88310 DICKINSON COLLEGE, Plaintiff SUZANNE PARKER, 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2001-168 CIVIL ACTION-LAW t fendant JURY TRIAL OF TWELVE DEMANDED MARTSON DEARDORFF WILLIAMS & OTTO, and Defendant Suzanne Parker who stipulate and agree as follows: 1. Pa. R.C.P. 1037(c) provides that in all cases, the Court, on motion of a party, may enter an appropriate judgment against a party upon admission. 2. Defendant agrees and admits that Judgment should be entered against her and in favor of Plaintiffin the amount of $15,050.82, plus costs of suit and interest accruing at 6% per annum from date of Judgment. 3. The parties agree that the Court, upon motion of Plaintiff, may enter Judgment pursuant to this Stipulation without issuance of a Rule to Show Cause, and without further proceedings or notice. Suzam~Parker ~oway, E, squir~''~ 100 Crews Avenue, C23 MARTSON DEARDORFF WILLIAMS & OTTO Alamogordo, NM 88310 Ten East High Street Carlisle, PA 17013-3093 (717) 243-3341 Pro Se Defendant Date: Attorney for Plaintiff Date: fZ, I"~ l o-~ CERTIFICATE OF SERVICE I, Martha-Anne Iben, an authorized agent ofMartson Deardorff Williams & Otto, hereby certify that a copy of the foregoing Order was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Suzarme Parker 100 Crews Avenue, C23 Alamogordo, NM 88310 MARTSON D)EARDORFF WILLIAMS & OTTO Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: January 15, 2004