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HomeMy WebLinkAbout04-2526DICKINSON COLLEGE, Plaintiff BARRY ADDISON, II, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. CIVIL ACTION-LAW JURY TRIAL OF TWELVE DEMANDED 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 Dated: Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff & OTTO DICKINSON COLLEGE, Plaimiff BARRY ADDISON, II, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. CWIL ACTION-LAW JURY TRIAL OF TWELVE DEMANDED COMPLAINT AND NOW, comes Plaintiff, Dickinson College, by and through its attorneys, MARTSON DEARDORFF WILLIAMS & OTTO, and hereby avers as follows: 1. Plaintiff Dickinson College (hereinafter "Dickinson") is a Pennsylvania educational institution with its principal offices located in Carlisle, Cumberland County, Pennsylvania. 2. Defendant Barry Addison, II, (hereinafter "Student") is an adult individual whose last known address is 41 West Lincoln, Adams County, Gettysburg, PA 17325. below. COUNT I BREACH OF CONTRACT Paragraphs 1 through 2 are incorporated herein by reference as if set forth in full 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 tree 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 of repayment required Student to pay all balances 14 (fourteen) days before the beginning of each semester. due. 10. default. 11. 12. Student defaulted on the repayment of the Account by not paying the balance when Notices were forwarded to Student informing him of his default and right to cure such Student failed to cure such defaults. The total amount which is immediately due and payable to Dickinson by Student on the Account is One Thousand Eight Hundred Eighty-Two Dollars and Twenty-Three Cents ($1,882.23). WHEREFORE, Plaintiff Dickinson College demands judgment against Defendant Barry Addison, II, in the sum of One Thousand Eight Hundred Eighty-Two Dollars and Twenty-Three Cents ($1,882.23), plus late fees, costs of suit, attorneys' fees and collection costs, and interest from date of judgment. COUNT II IN QUANTUM MER UI T In the alternative, if this Honorable Court should determine that an express contract between Dickinson and Barry Addison 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 Eighty-Two Dollars and Twenty-Three cents ($1,882.23). 17. Dickinson demanded payment of the above sums but Student failed and refused to do SO. WHEREFORE, Plaintiff Dickinson College demands judgment against Defendant Barry Addison, 1/, in the sum of One Thousand Eight Hundred Eighty-Two Dollars and Twenty-Three Cents ($1,882.23), until Barry Addison's obligation is paid in full, plus late fees, costs of suit, attorneys' fees and collection costs, and imerest from date of judgment. Date: MARTSON DEARDOP~F WILLIAMS & OTTO BYDa~oway,~Esq~e \ I.D. Number 87326 \ Ten East High Street ~, Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff EXHIBIT "B" VERIFICATION I, THOMAS MEYER, Assistant Treasurer 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 unswom falsification to authorities, which provides that if I knowingly make false averments, I may be subject to criminal penalties. Dickinson College Tho~ ~ Assistant Treasurer of Dickinson College Dated: SHERIFF'S RETURN CASE NO: 2004-02526 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DICKINSON COLLEGE VS ADDISON BARRY II - OUT OF COUNTY R. Thomas Kline duly sworn according to law, says, that he made a diligent and inquiry for the within named DEFENDANT , to wit: ADDISON BARRY II but was unable to locate Him deputized the sheriff of AD~-MS Sheriff or Deputy Sheriff who being search and in his bailiwick. County, serve the within COMPLAINT & NOTICE He therefore Pennsylvania, to On June 16th , 2004 attached return from ADAMS Sheriff's Costs: Docketing 18.00 Out of County 9.00 Surcharge 10.00 Dep Adams County 15.70 .00 52.70 06/16/2004 MDW&O Sworn and subscribed to before me j/~ day of~, this A.D. Prothonotary __ , this office was in receipt of the R. ~Thomas Kline / Sheriff of Cumberland~ounty In The Court of Common Pleas of Cumberland County, Pennsylvania Dickinson College VS. Barry AddiSon II SERVE: Barry Addison II No. 04-2526 civil Now, June 7, 2004 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of ~d~ns County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA Now, within upon at by handing to a and made known to Affidavit of Servi6e ,20 , at o'clock M. served the copy of the original So answers, the contents thereof. Sworn and subscribed before me this day of ,20 Sheriffof COSTS SERVICE MILEAGE AFFIDAVIT County, PA DATE RECEIVED SHERIFF'S DEPARTMENT ADAMS COUNTY, PENNSYLVANIA COURTHOUSE, GETTYSBURG, PA 17325 SHERIFF SERVICE PROCESS RECEIPT, and AFFIDAVIT OF RETURN DICKINSON COLLEGE BARRY ADDISON, II SERVE AT DATE F~qOC~I: 04-2526 Civil Complaint in Civil Action 5. NAME OF INDIVIOUAL, COMPANY, CORPORATION, ETC., TO SERVICE OR DESCRIPTION OF PROPERTY TO BE LEVIED. ATt'ACHED OR SOLD. Barry Addison, II 6. ADDRESS (Street (~ RFD, Apartment NO., City, Bom, Twp., ~tete and ZIP COOL) 41 West Lincoln Avenue, Gettysburg, PA 17325 7. INDICATE UNUSUAL SERVICE: O PERSONAL [] PERSON IN CHARGE [] DEPUTIZE [] CERT. MAIL [] REGISTERED MAIL [] POSTED [] OTHER I, SHERIFF OF ADAMS COUNTY, PA., do hereby deputize the Sheriff of Now, ~ount~ t~ ex.ute this Writ and make return therof according to law. This deputation being made at the request and risk of the plaintiff. SHERIFF OF ADAMS CO~JNTY 8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WiLL ASSIST IN EXPEDITING SERVICE. NOTE ONLY APPLICABLE ON WRiT OF EXECUTION: N.B. WAIVER OF WATCHMAN--Any beputy sheriff I~g upon or attaching any properly under within writ may leave same without a watchman, in custody of whomever is found in ~osseesion, aftet notifying person of levy or attachment, without liability on the part of such deputy or the sheriff to any plaintiff herein I~' any loss, dastmstion or re,mOral of any such Ixoperty before sheriff's sale tha~eof. 9. BIONATURE of ATTORNEY or other ORIGINATOR recluesting service on behalf of: 10. TELEPHONE NUMBER 11. DATE David R. Galloway, Esq. ~L~NTIFP (717) 243-3341 [] DEFENDANT SPACE BEL(~W FOR USE OF SHERIFF ONLY -- DO NOT WRITE BELOW THIS LINE 12. I acknowledge receip~ of the writ ! BIGNATURE of Autber~zeb ACSD Deputy or Clerk and T~le I 13. Date Received 14. Expiration/]~l~ date or complaint as indicated above. ~ I 6/8/2004 JULY 3, 200~ t5. I hereby CERTIFY and RETURN that I [] have personally served, [~ have served person in charge, [] have legal evidence of service as shown in "Remarks" (on reverse) [] have po~eb the above described pnN3erty ~ the writ or complaint described o~ the individual, company, coq3oratlen, etc., at the address shown abeve or on the individual, company, corperatk3~, etc., at the address inserted below by handing/or pasting a TRUE a~l ATTESTED CO~Y therof. 18. ~l[I hareby certify and return a NOT FOUND because I am unable to locate the individual, company, co~-etlon, etc., named above. (See remarks below) S1ate and ZIP CODE) ~: 4][ We Lincoln Ave., Gettysburg, PA ~.s a college frat house l~---~t Gettysburg College. Def. may [~ at his home a~]dres$ of 125 14th St., West Babylon, NY 11704 for the st~m~er. .1.~0.001~ N~ty. $15.70 Pd. 6/14/04 $134.30 Ck. #11169 SO ANSWER, N/A James ~. Muller 6/14/2004 RAYMOND W. N~ 6/14/2004 ~tlERJIR~ OF ADAM~ COUNTY 3g. Date Received PROTHONOTARY SHERIFF'S RETURN OF SERVICE ) (1) The within upon defendant by mailing to by prepaid, a true and attested copy thereof at , the within named mail, return receipt requested, postage on the ( ) 2) The return receipt signed by. defendant on the made a part of this return. Outside the Commonwealth, pursuant to Pa. R.C.P. 405 (c) (1) and attested copy thereof at is hereto attached and (2), by mailing a true (3) (4) in the following manner: ) (a) to the defendant by ( ) registered ( ) certified mail, return receipt requested, postage prepaid, addressee only on the said receipt being returned NOT signed by defendant, but with a notation by the Postal Authorities that Defendant refused to accept the same. The returned receipt and envelope is attached hereto and made a part of this return. And thereafter: ) (b) To the defendant by ordinary mail addressed to defendant at same address, with the return address of the Sheriff appearing thereon, on the I further certify that after fifteen (15) days from the mailing date, I have not received' said envelope back from the Postal Authorities. A certificate of mailing is hereto attached as a proof of mailing. By publication in the Adams County Legal Journal, a weekly publication of general circulation in the County of Adams, Commonwealth of Pennsylvania, and the Gettysburg Times, a daily newspaper published in the County of Adams, Commonwealth of Pennsylvania and having general circulation in said County for .... successive weeks of The Affidavits from said Adams County Legal Journal and Gettysburg Times, are hereto attached and made part of this return. By mailing to by mail, return receipt requested, postage prepaid, on the a true and attested copy thereof at (s) The Authorities marked is hereto attached. Other returned bythe Postal DICKINSON COLLEGE, : Plaintiff : BARRY ADDISON, Iff., Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-2526 CWIL ACTION-LAW JURY TRDtL OF TWELVE DEMANDED PRAECIPE TO SETTLE DISCONTINUE AND END Plaintiff requests the above-captioned matter bc settled, discontinued, and ended without prejudice. Date: July 30, 2004 David R. Gallowa~ I. D. Number 87326 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff CERTIFICATE OF SERVICE I, Ashley M. Gregg, an authorized agent of Martson Deardorff Williams & Otto, hereby certify that a copy of the foregoing Praecipe to Settle, Discontinue ~ad End was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Mr. Barry Addison, II 125 14th Street West Babylon, NY 11704 MARTSON DEARDORFF WILLIAMS & OTTO BYAshley M. Gr~gg -- Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: July 30, 2004