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Home My WebLink About01-0173DICKINSON COLLEGE, Plaintiff V. ANGELA M. MELLOTT, Defendant 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2001-/7_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 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 M~rk AiD. N~.D~3n1791~4er, Esqt~e 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, PENNS~V~A ANGELA M. MELLOTT, Defendant CIVIL ACTION - LAW NO. 2001- / q'~ 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, Angela M. Mellott, is an adult individual residing at 173 West Louther Street, Apartment #5, Carlisle, Pennsylvania 17013. 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 31, 2000, the outstanding balance due and payable by Defendant to Plaintiffis $12,560.39, plus interest and costs accruing hereafter. See Exhibit "A" attached hereto. 7. The outstanding balance of $12,560.39 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. 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 paytheamounts stated herein. SeeExhibit"A" attached hereto. WHEREFORE, Plaintiff demands judgment against the Defendant in the amount of $12,560.39 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 $12,560.39 plus interest and costs accruing subsequent to October 31, 2000. WHEREFORE, Plaintiff demands judgment against the Defendant in the amount of $12,56039 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 yark A. Denh~h~er, Esquir4t I.D. No. 83794 Ten East High Street Carlisle, PA 17013-3093 (717) 243-3341 Date: January 8, 2001 Attorneys for Plaintiff VEPaYICATION Thont~ M~yer. who is the Asdst~ut Treasurer of Die. on Cofloge ~ ~M~g~ ~t he h~ ~c ~ofi~ to ~ecut~ ~s V~on on b~o~ic~n ~egc. ~d ~ c~fi~s ~ the fo~go~ ComplSnt is b~sed upon ~o~fion w~ch ~ be~ ~d ~ my ~n~ ~ ~e pr~fion oft~ ~w~. ~e ~ offs Compl~t is ~t ofc~n~ ~d ~t ~ ~. I ~ve r~d ~ doc~cnt md to thc ~t ~at th~ ~plaht is b~ed upon ~o~fion wh~ I ~ ~ven m my muns~ k is ~e ~d m~e~ to ~e best of my ~owledgq ~o~fion ~ ~ To ~e ~t ~at the ~t of~ Compl~ is ~st offS, I ~ve r~ed upon c~ ~ ~ this V~fi~afion_ ~s ~t~t ~ V~fica~on ~e m~e subj~ ~ the pen~fi~ of 18 P~ C.S. S~on 4904 av~t~ I ~y be subj~ m ~n~ Dickimon College By: ~2' Thomas Meyer Exhibit A · o ~ Exhibit "A" 6 6 6 66 6 6 6 6 6 6 6 ¼ 6 6 6 6 6 6 6 6 ~ 666 6 ~ ¼ 6 6 6 6 6 6 6 ~S~_~ 756 484 US Postal Sen, ice Receipt for Certified Mail No Insurance Coverage Provided. Do not use for international Mail (See mverse) ~..~c~, 8t~te, & ZIp Co Dickinson Dickinson College P.O. Box 1773 Carlisle, PA 17013-2896 phone 717-243-512l u~b httl~://www, dicklmon.edu July 7, 2000 Ms. A.ngela M. Mellott 173 W. Louther St. Apt. #5 Carhsle, PA 17013 Dear Angela: 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 $12,560.39. 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. cc: student file Sincerely, Tracy Reich Administrative Assistant Student Accounts April 5, 2000 Ms. Angela M. Mellott 173 W. Louther St. Apt. #5 Carlisle, PA 17013 Dear Angela: We note that Angela's account has an outstanding balance of $12,482.33 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 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 Adminisl~ative Assistant Student Accounts cc: student file March 15, 2000 Ms. Angela M. Mellott 173 W. Louther St. Apt #5 Carlisle, PA 17013 Dear Angela: Your current student account balance is $12,482.33. 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-mail address is mevert@.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 SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2001-00173 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DICKINSON COLLEGE VS MELLOTT ANGELA M R. Thomas Kline duly sworn according to law, and inquiry for the within named DEFENDANT MBLLOTT ANGELA M but was unable to locate Her deputized the sheriff of YORK serve , Sheriff or Deputy Sheriff who being says, that he made a diligent search and to wit: in his bailiwick. County, the within COMPLAINT & NOTICE He therefore Pennsylvania, to On February 9th , 2001 attached return from YORK Sheriff's Costs: Docketing 18.00 Out of County 9.00 Surcharge 10.00 Milage 3.10 Dep. York Co 66,58 106.68 02/09/2001 MARTSON, DEARDORFF, Sworn and this . ]~ ~ subscribed to before me day of ~ A.D. Prothonotary~ this office was in receipt of the R ~omas Kline - Sheriff of Cumberland County WILLIAMS COUNTY OF YORK OFFICE OF THE SHERIFF 28 EAST MARKET fiE, YORK, PA 17401 SHERIFF SERVICE PROCESS RECEIPT, and AFFIDAVIT OF RETURN 1. PLAINTIFF/S/ Dickinson Co!le§e 3. DEFENDANT/S/ AnQela H. Me!]_ott SERVICE CALL (717) 771-9601 PLEASE T~PE ONLY Lil~ !1'O12 DO ' cop, . 2. COURTNUMBER 01 -173 C~v~ 1 4. TYPE OF WRIT OR COMPLAINT Notice & Complaint SERVE ~,' 5. NAME OF INDiVIDUAL~ COMPANY, CORPORATION, ETC. TO SERVE OR DESCRIPTION OF PROPERTY TO BE LEVIED, ATTACHED, OR SOLD. Anqe]a H. Mellott B. ADDRESS (STREET OR RFD W~TH BOX NUMBER. APT NO., Cl/Y, 8OHO, TWR, STAT~ AND ZIP CODE AT 878 Baltimore St, Hanover, PA 17331 7. INDICATE SERVICE: r~ PERSONAL O PERSON IN CHARGE ~ DEPUTIZE C Llll~ ~-- ~ ~il ~1 c] [] 1 ST CLASS MAIL O POSTED r~ OTHER NOW 1 / ~ 1 / 0 1 19 __ I, SHERIFF OF ~Ij~U_N~ Pj~lo hereby d~he sheriff of ¥ ~ ~-1~ COUNTY tO tO law. ...su.puu~.,onu~,nMmau=.L..erequusL.nur,s&o.L.ep,a,n... ,. S.~R~F Or X~,~XCOU.TV 8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDmNG SERVICE: Cumberland ADVANCE FFE PAID BY ATTY NOTE ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN - Any deputy sheriff lewing upon or attaching any property under within writ may leave same without a watchman, in custody of whomever is found in possession, after notifying person of levy or attachment, without liability on the pad of such deputy or the sheriff to any plaintiff herein for any loss, destruction, or removal of any property before sheriffls sale thereof. 9. TY P[v~.~ E .~1~. D ~)l~lj~.~l:~O. R IGI NATO R and SIGNATURE 10. TELEPHONE NUMBER 11. DATE FILED TEN EAST HIGH ST., CARLI~T.w., PA 17013 (717) 243-3341 1/9/01 12. SEND NOTICE OF SERVICE COPY TO NAME AND ADDRESS BELOW: (This area must be completed If notice is to be mailed). CUMBERLA~) COUNTY SHERIFF ~ SPACE BELOW FOR USE OF THE SHERIFF ONLY SIGNATURE OF AUTHORIZED CLERK 14. Date Received 15. Expiration/Hearing Date or complaint as indicated above. /1/01 /8/01 16. HOWSERVED: PERSONAL(~'~ RESlDENCEQ,~'~*'~ POSTED( ) POE( ) SHERIFF'SOFF( ) OTHER( ) SEEREMARKS ve' 1 o, se ica 2 Date TIme M es n ate .Tl..m.e nt Date TIme M es nt Date TIme M es nt Date TIme M es nt Date Tme.M es nt 22. REMARKS: 1~5 ~'- O · ~ 34. Foreign County Costs 35. Advance Costs 36. Service Costs 37. Notary CerL 38. Milaage/Postage/N.F, / ~,~ ~ -- ~6.~ignature of Foreign sM0Y, ,CAOc~ NM I~S~w ILO, ~ GE~ PRI ERcE SE, P~ ~F 3 H~E S~HE~R~:~S~RETU RN SIGNA'~J uRnEW Sheriff OF AUTHORIZED ISSUING AUTHORITY AND TITLE 1. WHITE - Issuing Authority 2. PINK - Attorney 3. CANARY - Sheriffs Office 4. BLUE - Sher~s Office 31. Surcharge 32 Totai C 39. Total COS~ ~. ~st Due or Refund 49.~th~'0~ 51. Date Received DICKINSON COLLEGE, Plaintiff ANGELA M. MELLOTT, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2001-173 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 same. Date: February 12, 2003 MARTSON DE~ ~AI~.ORFF WILLIAMS David R. Galloway, Esqui I.D. Number 87326 Ten East High Street Carlisle, PA 17013-3093~ (717) 243-3341 Attorneys for Plaintiff & OTTO 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. Angela Mellott 878 Baltimore Street Hanover, PA 17331 MARTSON DEARDORFF WILLLAMS & OTTO Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: February 12, 2003