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Home My WebLink About09-7264F:\FILES\C1ients\7619 Dickinson College\Collections\Current\361\7619C.361.com/drg Created: 8/12103 8:59AM Revised: 10/21/09 11:19AM 7619C.124 Christopher E. Rice, Esquire I.D. No. 90916 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff DICKINSON COLLEGE, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA C' V. NO. 2009 - ,2 (o ?/ ?( WILLIAM T. SMITH, CIVIL ACTION - LAW Defendant 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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCE FEE OR NO FEE: Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 FARLES\Clients\7619 Dickinson College\Collections\Current\361\7619C.361.com Created: 1/4/05 0:35PM Revised: 10/21/09 11:19AM Christopher E. Rice, Esquire I.D. No. 90916 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff DICKINSON COLLEGE, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2009- WILLIAM c.l ?ccw T. SMITH, CIVIL ACTION - LAW Defendant COMPLAINT AND NOW, comes Plaintiff Dickinson College by and through its attorneys, MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER, and hereby avers as follows: 1. Plaintiff, Dickinson College, is a Pennsylvania educational institution and nonprofit corporation with its principal place of business at West Street, Post Office Box 1773, Carlisle, Cumberland County, Pennsylvania 17013. 2. Defendant, William T. Smith, is an adult individual currently incarcerated at State Correctional Institution Smithfield, 1120 Pike Street, Huntingdon, Huntingdon County, Pennsylvania 16652. COUNTI BREACH OF CONTRACT 3. Paragraphs 1 through 2 are incorporated herein by reference as if set forth in full below. 4. Student is currently or was recently enrolled at Dickinson. 5. Student opened a Student Receivables Account (hereinafter "Account") with Dickinson to pay tuition, dining service fees and other educational expenses provided and rendered to Student by Dickinson. A true and correct copy of that Account is incorporated by reference and attached as Exhibit "A." 6. Student, by opening the Account and using the goods and services provided by Dickinson, agreed to pay Dickinson for all charges made to the Account. 7. Student received and accepted all goods and services provided by Dickinson and thereby agreed to payment for said goods and services. 8. The terms ofrepayment required Student to pay all balances 14 (fourteen) days before the beginning of each semester. 9. Student defaulted on the repayment of the Account by not paying the balance when due. 10. Notices were forwarded to Student informing him ofhis default and right to cure such default. 11. Student failed to cure such defaults. 12. The total amount which is immediately due and payable to Dickinson by Student on the Account is One Thousand Eight Hundred Twenty-seven and 00/100 Dollars ($1,827.00). WHEREFORE, Plaintiff Dickinson College demands judgment against Defendant, William T. Smith, in the sum of One Thousand Eight Hundred Twenty-seven and 00/100 Dollars ($1,827.00), plus late fees, costs of suit and interest from date of judgment. COUNT II IN QUANTUM MERUIT In the alternative, if this Honorable Court should determine that an express contract between Dickinson and William T. Smith does not exist, which is denied, Dickinson pleads the following: 13. Paragraphs 1 through 12 are incorporated herein by reference as if set forth in full. 14. Because Dickinson loaned money to Student, to the benefit of Student, Student became liable to Dickinson for said money. 15. Student was unjustly enriched by accepting said money without paying Dickinson reasonable compensation therefor. 16. The total amount by which Student has become enriched is One Thousand Eight Hundred Twenty-seven and 00/100 Dollars ($1,827.00). 17. Dickinson demanded payment of the above sums but Student failed and refused to do so. WHEREFORE, Plaintiff Dickinson College demands judgment against Defendant William T. Smith in the sum of One Thousand Eight Hundred Twenty-seven and 00/100 Dollars ($1,827.00), costs of suit and interest from date of judgment. MARTSON LAW OFFICES By- Christopher E. Rice, Esquire I.D. Number 90916 Ten East High Street Carlisle, PA 17013-3093 (717) 243-3341 Date: Attorneys for Plaintiff This is a debt collecting firm. Any information obtained will be used for that purpose. EXHIBIT "A" '21-JUN-2007 15:00:39 Dickinson College PAGE 1 ALL TERMS Student Trans Summary Report TSRSSUM 900060604 Smith, William T Balance: 1,827.00 EFF DATE Description CHARGE PAYMENT TERM 01-FEB-07 Finance Charge 27.00 200720 26-JUN-06 Tuition SSII 1,800.00 200660 ---------- ---------- TOTAL: 1,827.00 .00 4 VERIFICATION I, Sally Heckendorn, Bursar of Dickinson College, acknowledge that I have the authority to execute this Verification on behalf of Dickinson College and certify that the foregoing Complaint is based upon information which has been gathered by my counsel in the preparation of this lawsuit. The language of this Complaint is that of counsel and not my own. I have read the document and to the extent that this Complaint is based upon information which I have given to my counsel, it is true and correct and to the best of my knowledge, information and belief. To the extent that the content of this Complaint is that of counsel, I have relied upon counsel in making this Verification. This statement and Verification are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities, which provides that if I knowingly make false averments, I may be subject to criminal penalties. Dickinson College Dated: / ?'? 07 2GG9 OCT 21 Pi 2: 1 _r v ji\ [ yt ??tF ?:Ji R Thomas Kline Sheriff SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Chief Deputy Jody S Smith Civil Process Sergeant Edward L Schorpp Solicitor Dickinson College vs. William T. Smith ????ti??1 a 4FUrat?rr?y,d OFf E °1. r` Case Number 2009-7264 SHERIFF'S RETURN OF SERVICE 10/21/2009 R. Thomas Kline, Sheriff who being duly sworn according to law states that he made a diligent search and inquiry for the within named defendant, to wit: William T. Smith, but was unable to locate him in his bailiwick. He therefore deputized the Sheriff of Huntingdon County, PA to serve the within Complaint and Notice according to law. 11/05/2009 Huntingdon County Return: And now, November 5, 2009 I, William G. Walters, Sheriff of Huntingdon County, Pennsylvania, do hereby certify and return, that I made diligent search and inquiry for William T. Smith the defendant named in the within Complaint and Notice and that I am unable to find him in the County of Huntingdon and therefore return same NOT FOUND. As of November 16, 2009 The Cumberland County Sheriff verified the defendant is not incarcerated at Dauphin County Prison. SHERIFF COST: $42.44 November 16, 2009 SO ANSWERS, R THOMAS KLINE, SHERIFF ,,,.1. trr,;. SHERIFF'S OFFICE HUNTINGDON COUNTY, PENNSYLVANIA 241 Mifflin Street Huntingdon, PA 16652 Telephone: 814-643-0880 William G. Walters, Sheriff Dickinson College Vs. William T. Smith SCI-Smithfield 1120 Pike Street, Huntingdon, PA 16652 No. 7264 Term:2009 Now, this 5th day of November , 2009 , I am unable to locate the within named defendant, William T. Smith , within my bailiwick, return this Notice and Complaint in Civil Action "NOT FOUND." Reason unable to serve: defendant is currently being housed at Dauphin County Prision Sworn and subscribed to before me this Vt day of 10 A. IV, 20(" , A.D. otary Public NOTNRIAL SEAL Tammy S. Foor, Notary Public Huntingdon Borough, Huntingdon County ?v commission expires October 21, 2010 So Answers, 45C G? William G. Wal ers, Sheriff C ris B. etnck Chief Deputy/Deputy Costs: Rec. & Doc. $9.00 Return Not Found ?6 Mileage/Postage $4.00 Surcharge --- Affidavit $5.00 Miscellaneous --- Total Costs $23.00 Paid In The Court of Common Pleas of Cumberland County, Pennsylvania Dickinson College vs. William T. Smith SCI Smithfield 1120 Pike Street Huntingdon, PA 16652 Civil No. 2009-7264 Now, October 28, 2009, I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Huntingdon County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. j0powig?4 - 01 Sheriff of Cumberland County, PA Affidavit of Service Now, , 20 , at o'clock K served the within upon at by handing to and made known to Sworn and subscribed before me this day of 120 So answers, Sheriff of COSTS SERVICE $ MILEAGE_ AFFIDAVIT County, PA copy of the original the contents thereof. rJ. , r JUL ~-20~~ PNC BANK, NATIONAL ASSOCIATION, : IN THE COURT OF COMMON P EAS OF EXECUTOR OF :CUMBERLAND COUNTY, PE SYLVANIA THE ESTATE OF WILLIAM G. MAGARO :CIVIL ACTION -LAW Plaintiff, N0.09-7265 LOWELL R. GATES, Defendant ORDER OF COURT AND NOW, the~day of July 2010, plaintiff is authorized o pursue discovery pursuant to Pennsylvania Rule of Civil Procedure 1001., et s q, limited to the issue of whether or not plaintiff s right to recover is time barred by he statute of limitations. Notice of this entry shall be given to all parties by petitioner. By the Court J. c~~s m~ c ~ ~ ~~k-:~ ~~ ~ ~~ ~~~ ~~y~rd ~~ t'~ ~- ~d~~ r;~ fl~ ~- ~rn~ono~i 2010 ~~~ ~ G.,rtu.~ae Cap P~~vac~;1~c, Y SHERIFF'S OFFICE OF CUMBERLAND CC~~JNTY , RonnyRAnderson ' ,~ T. r `, .- {~~„ ,i , Sheriff ~~tn ®t s~uuibr~rf ~ Jody S Smith ~~"'~ ~''+~ L~ ~ ~ ri_ u - ~ i'; ~: ~ ~ i Chief Deputy e1~' ~;~~r``~ ~'~U N ~~ ~ ~' %~ \ ~~ ti Richard W Stewart ,jam - Solicitor cs~Flce ,-F ~ „E S~~RI~F r . ., Dickinson College Case Number vs. 2009-7264 William T. Smith SHERIFF'S RETURN OF SERVICE 06/23/2010 Ronny R. Anderson, Sheriff who being duly sworn according to law states that he made a diligent search and inquiry for the within named defendant, to wit: William T. Smith, but was unable to locate him in his bailiwick. He therefore deputized the Sheriff of Philadelphia County, PA to serve the within Complaint and Notice according to law. 08/03/2010 Michael Gallagher, Process Server, who being duly sworn according to law, states that on July 22, 2010, he was unable to serve a true copy of the within Complaint and Notice, upon the within named defendant, to wit: William T. Smith. After several attempts the Complaint and Notice has expired. SHERIFF COST: $37.44 August 03, 2010 SO ANSWERS, RON R ANDERSON, SHERIFF (c) CountySuite Sheriff. Teleosoft, Inc. ~ ~ In T',e C'ourt of Common Pleas of Cumberland County, Pennsylvania Dickinson College William T. Smith 417 Conarroe Street Philadelphia, PA 19128 vs. Civil No. 2009-7264 Now, June 23, 2010, I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Philadelphia County to~eaecute this Writ, this deputation being made at the request and risk of the Plaintiff. ~~ of Cumberland County, PA Affidavit of ServQcer Now, , 20 , at o'clock M, served the within upon at by handing to a and made known to the contents thereof. Of-111q~~yy~~~:~ t)F i~E`fViVSYL.VANIA IYlE1.1SSA H~.-~A~~ ~~ _ pity at_Philad PLAN' ~0~~' Public ommlplon ; Phila. ounttyy • Farah ~p X01 Sworn and subs tibed be re m day f ,20 f f~ 4 SO SW S, i~ ti.~..l ~aA'1 `" v copy of the original, ~(D~D c c ~ _ /~ County, PA COSTS SERVICE $ MILEAGE_ _ AFFIDAVIT ~~ ~~®3~~ ~~p~ ~' ~'a /~~ /~ ~asaG 3~~, David D. cBued A .91,` if nee X Simpson cProthonota g �sa . 1 De p ut y Prothonotary o Z u !k a Irene E. Morrow�irkS. Sohonage, ESQ _\ '421/e4'. Solicitor t 7 so 2"'Deputy Prothonotary Office of the Prothonotary Cumberland County, cpennsy[vania 09- 7.2.1,„q CIVIL TERM ORDER OF TERMINATION OF COURT CASES AND NOW THIS 29TH DAY OF OCTOBER, 2013,AFTER MAILING NOTICE OF INTENTION TO PROCEED AND RECEIVING NO RESPONSE-THE ABOVE CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH PA R.C.P.230.2. BY THE COURT, DAVID D. BUELL PROTHONOTARY One Courthouse Square • Suite 100 • Carlisle, PA 17013 • (717 240-6195 • rFak,(717)240-6573