The URL can be used to link to this page

Home My WebLink About04-2531DICKINSON COLLEGE, Plaintiff DANIELLE L. KINGSBURY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. CIVIL ACTION-LAW JURY TRlAL 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 MARTSON DEARD~R~FF WILLIAMS & OTTO uire I. D. Number 87326 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: June 3, 2004 Attorneys for Plaintiff DICKINSON COLLEGE, Plaintiff DANIELLE L. KiNGSBURY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL 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: I. Plaintiff Dickinson College (hereinafter"Dickinson") is a Pennsylvania educational institution with its principal offices located in Carlisle, Cumberland County, Pennsylvania. 2. Defendant Danielle L. Kingsbury (hereinafter "Student") is an adult individual whose last known address is RR 1 Box 302, Jefferson County, Falls Creek, PA 15840. COUNT I BREACH OF CONTRACT 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. 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 fourteen (14) days before the beginning of each semester. 10. default. 11. 12. Student defaulted on the repayment of the Account by not paying the balance when Notices were forwarded to Student informing her of her 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 Four Hundred Fifty-seven and Twenty-three Cents ($1,457.23). WHEREFORE, PlaintiffDickinson College demands judgment against Defendant Danielle L. Kingsbury in the sum of One Thousand Four Hundred Fifty-Seven and Twenty-Three Cents ($1,457.23), plus late fees, costs of suit, attorneys' fees and collection costs, and interest from date o f judgment. COUNT II IN QUANTUM MER UI T In the alternative, if this Honorable Court should determine that an express contract between Dickinson and Danielle L, KJngsbury 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 Four Hundred Fifty-Seven and Twenty-Three Cents ($1,457.23). 17. Dickinson demanded payment of the above sums but Student failed and refused to do so. WHEREFORE, Plaintiff Dickinson College demands judgment against Defendant Danielle L. Kingsbury in the sum of One Thousand Four Hundred Fifty-Seven and Twenty-Three Cents ($1,457.23), until Danielle L. Kingsbury's obligation is paid in full, plus late fees, costs of suit, attorneys' fees and collection costs, and interest from date of judgment. [LLIAMS I. D. Number 87326 Ten East High Street Carlisle, PA 17013 (717) 243-3341 & OTTO Date: June 3, 2004 Attorneys for Plaintiff ¥Z¥-:9-04 WED 10:~ FAX:7~Tz4~,8~O EXHIBIT "A" fV[A~f-ig-04 ~'ED 10:.~S AM STUDENT,,w~.~lr'r~mT;x~,~ FAX:?iV1451550 PAGE 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 Thomas Assistant Treasurer of Dickinson College Dated: SHERIFF'S RETURN - CASE NO: 2004-02531 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DICKINSON COLLEGE VS KINGSBURY DANIELLE L 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: KINGSBURY DANILLE L but was unable to locate Her in his bailiwick. deputized the sheriff of JEFFERSON County, serve the within COMPLAINT & NOTICE Sheriff or Deputy Sheriff who being search and He therefore Pennsylvania, to On July 7th , 2004 attached return from JEFFERSON Sheriff's Costs: Docketing 18.00 Out of County 9.00 Surcharge 10.00 Dep Jefferson Co 47.28 .00 84.28 07/07/2004 MDW&O Sworn and subscribed to before me this ~ day of ~ 200_~ A.D. · ; Prothonotary this office was in receipt of the Sheriff of Cumberland County In The Court of Common Pleas of Cumberland County, Pennsylvania Dickinson College VS. Danielle L. Kin§sbury SERVE: Danielle L. Kingsbury 04-2531 civil No. ~OW, June 7, 2004 hereby deputize the Sheriff of Jefferson deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA , I, SHERIFF OF CUMBERLAND COUNTY, PA, do County to execute this Writ, this Affidavit of SerVice Now, within upon at June 24, ,20 04 _, at 11:40 o'clock A. M. served the Notice and Complaint Danielle L. Kingsbury , Defendant RR#1, Box 302 Falls Creek, Washington Township, Jefferson County, Pennsylvania by handing to a and made known to Danielle. personally .true Danielle copy of the original Notice and Complaint the contents thereof. So answers ~h ~ r 1~ o f~~~~County, PA COSTS $ 2.00 Prothy Fee SERVICE $ 9.oo MILEAGE $ 27.28 AFFIDAVIT $ 9. oo $ 47.28 $ DICKINSON COLLEGE, Plaintiff DANIELLE L. KINGSBURY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-2531 CIVIL ACTION-LAW JURY TRIAL OF TWELVE DEMANDED PRAECIPE TO SETTLE~ DISCONTINUE & END Plaintiff requests the above-captioned matter be marked settled, discontinued and ended. ~F~LIAMS & OTTO uire I. D. Number 8'~.326~ / Ten East High Street ~ Carlisle, PA 17013 (717) 243-3341 Date: August~(a_~ , 2004 Attorneys for Plaintiff CERTIFICATE OF SERVICE I, Tricia D. Eckenroad, 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. Danielle Kingsbury RR#1, Box 302 Falls Creek, PA 15840 MARTSON DEARDORFF WILLIAMS & OTTO ~q~rlcia D.~Eckertroad~7' Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: August ~j~_, 2004