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Home My WebLink About04-4778 F:IFlLES\DAT AFlLE\Dickinson College 7619\DickinsonCoUegeCoUections 7619CICuITent\48-coml. wpd/emm Crealed: 09/03/020L23:44PM Revised 09/22/04Jl.38.08AM 761948 v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA NO. Oy---tf?7g ~ CIVIL ACTION-LAW DICKINSON COLLEGE, Plaintiff POLLYANNA GREATHOUSE, Defendant 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 MAYBE 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 Date: or I z.z-I 0-4 By David R. Gallo I.D. No. 87326 10 East High Street Carlisle, P A 17013 (717) 243-3341 Attorneys for Plaintiff MARTS DICKINSON COLLEGE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. CNIL ACTION,LA W POLLYANNA GREATHOUSE, Defendant 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 is Dickinson College, a Pennsylvania educational institution and nonprofit cOlporation with its principle place of business at West Street, Post Office Box 1773, Carlisle, Cumberland County, Pennsylvania] 7013. 2. Defendant Pollyanna Greathouse is an adult individual with a last known residence at 118 Laclede Street, First Floor, Pittsburgh, P A 152 I I. 3. On or about October 13, 1989, Defendant entered into a Promissory Note (Note #1) with Plaintiff for the financing of$4,905.00, plus interest, for educational services and benefits to Defendant at Plaintiff's institution. A copy of Note #1 is attached hereto as Exhibit "A." 4. On or about September 24, 1990, Defendant entered into an additional Promissory Note (Note #2) with Plaintiff for the financing of$4,000.00, plus interest, for educational services and benefits to Defendant at Plaintiff's institution. A copy of Note #2 is attached hereto as Exhibit "B." 5. On or about October 7, 1991, Defendant entered into a Promissory Note (Note #3) with Plaintiff for the financing of $3, 130.00, plus interest, for educational services and benefits to Defendant at Plaintiff's institution. A copy of Note #3 is attached hereto as Exhibit "C." 6. On or about February 7, 1992, Defendant entered into an additional Promissory Note (Note #4) with Plaintiff for the financing of$I,700.00, plus interest, for educational services and benefits to Defendant at Plaintiff's institution. A copy of Note #4 is attached hereto as Exhibit "D." 7. On or about September 24, 1992, Defendant entered into an additional Promissory Note (Note #5) with Plaintifffor the financing of$3,200.00, plus interest, for educational services and benefits to Defendant at Plaintiffs institution. A copy of Note #5 is attached hereto as Exhibit "E," 8. The collective principal balance for Note #1, Note #2, Note #3, Note #4 and Note #5 is $16,935. 9. On February 17, 2004, Defendant signed a Re,Affirmation Note acknowledging her obligation created under Notes #1, Note #2, Note #3, Note #4 and Note #5. A copy of the Re- Affirmation Note is attached as Exhibit "F." 10. Note #1, Note #2, Note #3, Note #4 and Note #5 grant Plaintiff reasonable collection and attorneys' fees which Plaintiff has calculated to be $2,540.25. II. Student stopped making monthly payments on or about March 17, 2004. 12. As of September 1, 2004, the outstanding principal and interest balance due and payable by Defendant to Plaintiffwas $34,787.87 with interest accruing thereafter at $2.69 per day. COUNT I BREACH OF CONTRACT 13. Plaintiff hereby incorporates by reference the averments contained in Paragraphs I through 12 of this Complaint. 14. Plaintiff fulfilled, performed and complied with all obligations and conditions of Notes #1, Note #2, Note #3, Note #4 and Note #5. 15. Defendant breached the expressed and implied obligations, conditions and terms of Notes #1, Note #2, Note #3, Note #4 and Note #5 by failing to pay the amounts therein. WHEREFORE, Plaintiff demands judgment against Defendant in the amount of$34, 787.87 plus attorneys' fees in the amount of$2,540.25, costs of suit and interest accruing at $2.69 per day. COUNT II QUANTUM MERUIT 16. Plaintiff hereby incorporates by reference the averments contained in Paragraphs I through 15 ofthis Complaint. 17. Defendant is liable to Plaintiff and/or has been unjustly enriched in the amount of $34,787.87. WHEREFORE, Plaintiff dernandsjudgment against Defendants in the amount of$34, 787.87, plus attorneys' fees in the amount of$2,540.25, costs of suit and interest accruing at $2.69 per day. Date: By Dav I.D. No. 87326 10 East High Street Carlisle, P A 17013-3093 (717) 243-3341 Attorneys for Plaintiff VERIFICATION I, THOMAS MEYER, 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 ofthis 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. 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 Thomas Meyer Bursar of Dickinson C--"- Dated: F:\F1LES1DATAF1LE\Dickinwn College 7619\DickinsonCollegeColleclion>7619C\CurTenl\48.coml, wpd ~~ I'- ---- q - ~ j.J C' ~ ~2 ~ I ~ , ---:;7 .. - ,,..., ~. r' ,...) , :> (----, <-:::t-- -, I '_; -...,.....::... C.-J: I'. o [rCJ \V' \:', RECEIVEL SEP 2 0 2004 MDwr F:\FILES\DA TAFlLE\Dickinson College 7619\DickinsOnCollegeCollections7619C\Cu1Tent\48prallnlm Created, 1016/04250PM Revised: 1017l049:31AM 7619C.48 David R. Galloway, Esquire MARTSON DEARDORFF WILLIAMS & OTTO LD. 87326 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff DICKINSON COLLEGE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL V ANlA v. NO. 04-4778 CIVIL ACTION,LA W POLLYANNA GREATHOUSE, Defendant JURY TRIAL OF TWELVE DEMANDED PRAECIPE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please reinstate the attached Complaint against pollYalma Greathouse, in the above- captioned action and forward to the Cumberland County Sheriff for service. MAR~~ F WILLIAMS & OTTO B . Y DaVl . Gallo LD. Number 87326 Ten East High Street Carlisle,PA 17013 (717) 243-3341 Date: October 7, 2004 Attorneys for Plaintiff C) ~;:~; Q) ,,-, c;.~ C:::;J .t::- () +~.'.j o ('") _U\ I -' ~.~ 1'.) +- F IFILESIDA T AFILElDickinsonCollege7619ICollectionsICurrent\48.pra2/nJrn Created: 10/6/04 2 50PM Revised 11118/04 3 44PM 7619C 48 David R. Galloway, Esquire MARTSON DEARDORFF WILLIAMS & OTTO J.D. 87326 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff DICKINSON COLLEGE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLANDCOUNTY,PENNSYLVAN[A v. NO. 04-4778 CIVIL ACTI01\r-LA W POLLYANNA GREATHOUSE, Defendant JURY TRIAL OF TWELVE DEMANDED PRAECIPE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please reinstate the attached Complaint against Pollyanna Greathouse, 3824 Lyndell Street, Pittsburgh, P A 15234, in the above-captioned action and forward to the Allegheny County Sheriff for service. By Davl . all ay, J.D. Number 873.26 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Date: November 18, 2004 Attorneys for Plaintiff Q 1.:::::-' C..",, C.;::::J- ~.~ C::.l SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2004-04778 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DICKINSON COLLEGE VS GREATHOUSE POLLYANNA R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: GREATHOUSE POLLYANNA but was unable to locate Her in his bailiwick. He therefore deputized the sheriff of ALLEGHENY County, Pennsylvania, to serve the within COMPLAINT & NOTICE On November 17th, 2004 , this office was in receipt of the attached return from ALLEGHENY Sheriff's Costs: Docketing Out of County Surcharge Dep Allegheny Co Notary 18.00 9.00 10.00 50.00 3.00 90.00 n/17/2004 MDW&O So ~..e..rs'.. ... _. .? .=7 .../ ... / --- ..._~ ~ . .......?' -~/ R. Thomas Kline Sheriff of Cumberland County Sworn and subscribed to before me this /7~ day of ACo,~ 2fYU~D. "- L2 >n~ prothonotar~ <e.~ '\~ '\'l, . Iq The Court of Common Pleas of Cumberland County, Pennsylvania . ~ Dickinson ~~llege !' S Q I}( ) \>,f #'~ PollY~l1I1a_ <jiF~a~house 'St FbJL I tu~ ~r 11~~5b1..etJ ~ -pCZl52l( ereby deputize the Sheriff of Allegheny "J I~"IY No. 04-4778 civil , I, SHERIFF OF CUMBERLAND COUNTY, P A, do County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. r~~~J Sheriff of Cumberland County, PA Affidavit of Service Now, !JeT ';16'17 ,20~,at /1:0(; o'clock 11 M.servedthe within 7<1,-t fJ1enlJ.u.J),al/ !J1d veO /n-ln +/.15 lifT. ,16-0, J/A5 Ne l/e-r JJeaR I) at IJ 130 d- 0+ fh- ;} /J1()7'J .JJ. j !Je:.c-T. upon by handing to a copy of the original and made known to the contents thereof. So answers, ~ .{)J~~ riff of \ 11/1f!~iUJ t, ounty, A COSTS SERVICE MILEAGE AFFIDAVIT $ Sworn and subscribed before me this _ day of --.-NOV 0 5, 20L lfJJ-u..p1-5 II) ~2.fJ'oY ItI:~"I/", f)'ukv' l{c. COMMONWEALTH OF PENNSYLVANIA N(,t;m~\l Seal . Sheila R. O'Brien, Notary Public City of P1HsblJ.lgh, Alkghenv COUfl!)' My COlmmssi'(YIl:::"Tife,~ June 19,2008 $ Member. PE'rw~yfvgnj" AGf.0Ci(!ii:-:- Di :\'~Itilr;~~$ SHERIFF'S RETURN - OUT OF COUNTY ., ' CASE NO: 2004-04778 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DICKINSON COLLEGE VS GREATHOUSE POLLYANNA R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: GREATHOUSE POLLYANNA but was unable to locate Her in his bailiwick. He therefore deputized the sheriff of ALLEGHENY County, Pennsylvania, to serve the within COMPLAINT & NOTICE On December 17th, 2004 , this office was in receipt of the attached return from ALLEGHENY Sheriff's Costs: Docketing Out of County Surcharge Dep Allegheny Co Notary 18.00 9.00 10.00 50.00 3.00 90.00 12/17/2004 MDW&O ? So answe~ ,/// ._/,,=/~ /~~-;~;---~_...... ~'~oma8 Kline ~ Sheriff of Cumberland County Sworn and subscribed to before me this (. tq... day of ~ c-<"7 ~lIU.s A.D. ~P8h~'~ <-f;;' 131- ~~ - In The Court of Common Pleas of Cumberland County, Pennsylvania , Dickinson College VS. i1-)A Pollyanna Greathouse ~2L\ Lyndell S1Y.ee+ Rjh. fXt (S2~<-f Sl~ '0 04-4778 civil . OW, November 22, 2004 , I, SHERIFF OF CUMBERLAND COUNTY, P A, do hereby deputize the Sheriff of Allegheny County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. ~(?/ ,- ' ,,.,y~' " r "'~"'''.'''''<t': ,4,,,./,:::.,,,,,,,,,,,,.# , Sheriff of Cumberland County, PA Affidavit of Service Now, NtJ Ij r ;< '1 ~ within ~!a 1 h..J , 20Qi.., at ;) :}o o'clock -+ M. served the upon ro Ily A-/II.vfl &/,eoJ-)/J(1 ~ at Jg"ll.{ ~n~ st-, pc), PI} /6;:)11( G/'~/.j...),ClV X byhandingto ~O/ly/fNNI1 a Lf/T'-hhe.o copy of the original L(n.,f} /t:l.1 JV{- , . and made known to ~lly-t,v,v~ C~JJ."f/ C-L the contents thereof. So answers, ~ /kJ(l1 S ffof . fl!J~ Co nty, PA Sworn and subscribed before me this _ day of DEe 0 ~ 22D.QL. ~ ,. JkLJ2~~ COSTS SERVICE MILEAGE AFFIDA VIT $ Notarial Seal Sheila R. O'Brien. Notal)' Public City of Pitt.bulllb, Allegheny County My Commission Expites June. t9.2008 Mqmbor, ~l'\n$ylv.nllll AAQC\etion of Notaries $ ". F \FI LES \DAT A 1'1 LE\DlCk il1<;0nC"lkg~ 7(, 1 l)\l' olko illns'"CulT<:1I1 \48.l'r<\3 Cr~al"d: 2/11/05 3;3PM Revised 2111/05 41(,PM 7619(48 David R. Galloway, Esquire MARTSON DEARDORFF WILLIAMS & OTTO Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff DICKlNSON COLLEGE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v. NO. 04-4778 CIVIL ACTION,LA W POLLYANNA GREATHOUSE, Defendant JURY TRIAL OF TWELVE DEMANDED PRAECIPE TO THE PROTHONOTARY: Enter default judgment in the above-captioned action in favor of Plaintiff and against Defendant as follows: Principal plus interest through September 1, 2004: Interest from September 1, 2004, through February 14, 2005: Attorneys' fees: Total Judgment: $34,787.87 $ 446.54 $ 2,540.25 $37,774.66 Costs of suit and interest accruing at $2.69 per day from February 14, 2005, shall be added to the Judgment for Defendant's failure to file an Answer to the Complaint. I do hereby certify that a written notice of intention to file this Praecipe (in the form attached hereto) was mailed to Defendant at her last known address on January 11, 2005, which date was subsequent to the date default occurred and at least ten (10) days prior to the date of the Praecipe. MARTSON DEARDORFF WILLIAMS & OTTO Dated: February 14, 2005 BY~ David R. Galloway, Es Ten East High Street Carlisle, P A 17013 (7]7) 243-3341 Attorneys for Plaintiff c:::?) ;l. I "",::} ::'~~] '~\Q) r-~ ........":::1 . 1::1.1::-: 1'\ 1:,-rlll'T',d:,,," ,,('nl:,'~,,- ;"-' _.'t, '1<"', C i ~ I <:.." ,:d : .' I 1':11 '. ,) I )-1.<\ ~'I Rel'is,',' I' 11:'il~ -.'-11..\,\1 7(. I 'i(-I~ David R. Galloway, Esquire MARTSON DEARDORFF WILLIAMS & OTTO 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, PENNSYLVANIA v. NO. 04-4778 CIVIL ACTION-LAW POLLY ANNA GREATHOUSE, Defendant JURY TRIAL OF TWELVE DEMANDED TO: POLLYANNA GREATHOUSE IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOu. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. 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 REDUCED FEE OR NO FEE. Cumberland County Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PAl 7013 Telephone:(717) 249-3166 Date: January 11,2005 MA~E~ B; L-4 (.( Da Id R. Galloway, Esquir LD.87326 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff ~ " CERTIFICATE OF SERVICE I, lean Taylor, an authorized agent of MARTS ON DEARDORFF WILLIAMS & OTTO, hereby certify that a copy ofthe foregoing Praecipe was served this date by depositing same in the Post Office at Carlisle, P A, first class mail, postage prepaid, addressed as follows: Ms. Pollyanna Greathouse 3824 Lyndell Street Pittsburgh, PA 15234 MARTS ON DEARDORFF WILLIAMS & OTTO Dated: February 14,2004 -pD--ts ~f..rt:-O - \) ~ D- ~ ~ ~ ~ ~ ~ 1:: r-- ---1.. ~ ---- ,---', " _,:~~i r -'. ,-"-, C'~