HomeMy WebLinkAbout05-1344
F,'.FILLS',D^TAFIU>Dickinsl1t\CGII~gt:761 O"'r(llle~tiGl1"\('Unelll\32J\~<J\plaint\rmlm
Cr"al\:J \"5/11112.~2q PM
RniscJ_"W/\)58.5215AM
71>)9(,32J
David R. Galloway, Esquire
l.D. Number 87326
MARTSON DEARDORFF WILLIAMS & OTTO
Ten East High Street
Carlisle, P A 17013
(717) 243-3341
Attorneys for Plaintiff
DICKINSON COLLEGE,
Plaintiff,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. p~ /.3(N
CIVIL ACTION-LAW
~~
WILLIAM J. HOLLISTER,
Defendant.
JURY TRIAL OF TWELVE DEMANDED
NOTICE
Y Oll 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 lNFORMA TION ABOUT HIRING ALA WYER.
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) 249-3 I 66
F WILLIAMS & OTTO
Dated: 3jls!()5"
By "-
Davi R. Galloway, EsqUlre
1. D, Number 87326
Ten East High Street
Carlis Ie, P A 17013
(717) 243-3341
Attorneys for Plaintiff
,
David R. Galloway, Esquire
I.D. Number 87326
MARTS ON DEARDORFF WILLIAMS & OTTO
Ten East High Street
Carlisle, P A 17013
(717) 243-3341
Attorneys for Plaintiff
DICKINSON COLLEGE,
Plaintiff,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO.
CIVIL ACTION-LAW
WILLIAM J. HOLLISTER,
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 Dickinson College (hereinafter "Dickinson") is a Pennsylvania educational
institution with its principal offices located in Carlisle, Cumberland County, Pennsylvania.
2. Defendant William J. Hollister (hereinafter "Student") is an adult individual whose
last known address is 1066 Maykut Avenue, Montgomery County, Collegeville, P A 19426.
COUNT I
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 tme and correct copy ofthat 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.
Student defaulted on the repayment of the Account by not paying the balance when
9.
due.
10.
default.
11.
12,
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 Five Thousand Two Hundred Fourteen and 32/100 Dollars ($5,214.32).
WHEREFORE, Plaintiff Dickinson College demands judgment against Defendant William J,
Hollister in the sum of Five Thousand Two Hundred Fourteen and 32/100 Dollars ($5,214.32), plus
late fees. costs of suit. attorneys' fees and collection costs, 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 J. Hollister 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 Five Thousand Two
Hundred Fourteen and 32/100 Dollars ($5,214.32).
J 7. Dickinson demanded payment ofthe above sums but Student failed and refused to do
so.
WHEREFORE, Plaintiff Dickinson College demands judgment against Defendant William J.
Hollister in the sum of Five Thousand Two Hundred Fourteen and 32/100 Dollars ($5,214.32), until
William J. Hollister's obligation is paid in full, plus late fees, costs of suit, attorneys' fees and
collection costs, and interest from date of judgment.
By
ILLIAMS & OTTO
David R. allowa,
1. D. Number 87326
Ten East High Street
Carlisle, PA 17013
(717) 243-3341
Date: .:;f /5105
Attorneys for Plainti ff
~ '0 0 000 0 0 0 0 00 0000 00 0 0 000 00 '"
U '0 0 o en en en en "1 en eno 0000 oen "1 "1 enen", "'''' ri
C ,
'" '0 0 Or-", ri '" rl N NM ('")\,0(")0') MO '" 0 OMO 00 '"
.-< , 0 OrlO M 0 '0 r- "'rl 1.0 0\ \'o\D "'00 "1 ri """rl rlrl '"
'" , '" r-OOO 0 " .,. '" "1"1 0l\.OU)l./J 1'00 '" M 0,"'" "" r-
lO , ,
, N"'M M .,. '0 '" "''0 U'"\Mr""lN "1'" " '" 00"'''' "'''' '"
.,. N , rirlrl rl rl rl rl rirl rl rl rlrl
0 M ,
" ,
" .,. ,
rl rl "
" N 00'" '0 0 0 00 0000 000 0
'" '-''-' '0 0 0 0"1 0000 000 0
0 '" ,,-~ ,
W'O '0 0 '" 0'" Ol'-MO Or-M 0
~~ , 0 ro "1 U)\DMO "1 '0 a> 0
W , "1 ri I' ('J.Ul.,..-.lO N"'a> 0
'-' '" "'U ,
'" '" '" , '" riri rl rlrim rl
0 '" ,
,
'-' 0 ,
" '-' ,
w
E '-' OJ 0 000 0 0 0 00 0 0 0 '"
w " ", 0 oeno 0 0 0 oen 0 0 0 '"
'-' ~ ""
'" ~ ~, 0 0"'" '" "1 "1 Or- "1 "1 0 "1
'-' "" o ria> '" " "1 Orl " '" 0 00
tIl <I; -'" Nrirl '" r- Nrl '" r- rl
U'
, M rl ri M rl ri
, rl ri
,
,
'-'
"'" , .rl V (!)Q)(").j...J.D W'-''-' OJ W,-,,-, .rl
W M ~" ,. '" U a::Ua >:::~ '-'OC W .wC::C.w~
'" rl 0"" ,. 0 "" c::.........rs;::J "''''''' W E fJlC1J'(1j~tJ' W
" 0 U.Q '. '" Wro ~ I (\jt'- \..;0 "'~H W W >-'HH<llril '"
'-<Mr- U'" , <l! "" W kOltlU UJClItlc:; " tIl ~ UlCJroE c ~
,..,r-ri <1;> ''0 0.-< ~ '-' .~ ~U ~'" W :::l Pl>'1l5 ro
01' .rl 'H .-< "'''' 00 ~(I){l)i"'-(9o:t ./,JQ)t'JO '" '" '-' .uVC9-rij..jO .a
Uri<l; '<w ,'" "'" "0 W Cl.JCC::<qI ,,'-' '" W " '" ,,'-' ~'-'" U
'" OU I):-W<U~ .rlH E .uHHl.!)IC:: ,,"', "'rl .~ V V ttI I 01~
"X W I H-M~ '-' <l! '" .wo EU+JID eLl J..,j E E.i.J.wri!;j{l) IlJ
OOW '-'''' I ommtl)...-'I-...,..c:iVQ) Ul Q.l,.c:.cN C Q)C/)C c:: tfh-i-., C 0. <l! IVVJC OC:;W(l)::3
"'lO.-< " I ~ 0 C Q)..-i ~-W IV V E.w.<.Jrlrtl'O '" llh-f(j)k:>i1lUl tIl '" rtI >l.J..... GlOTQ
C OJ <l!'-' , o..roml'tl-rl..--1tr.c... ,.., Q)r-IMO~Q) ro 1tI:...r~ Q) Otrl.-l i1lro~1-l ~i4H}""
......0-,.., E" C:\Q)Q)H~U.J,...Iltl ri UJrot1Joc..?~ C::'..-ICll-lc...ULwo.. \ '" C-rl(?-WIJl!-lttlro Q)
"""'.-< <l!W QIUOf--! UQ).j..J,W....-l1O "wo .rl "'0 " U 0 fO'C:: C::UH1.l.c:..r:::t;
u ~ '-''0 -n! c: ..........~ ! -<::r: o..Ot-i4. .-<"'''' "'" ::E:rtl.c:a.<<lI~.-lC:: .rl ;:Eroc::10o..0U
-~ '" "'~ J,.Jlftll::C -r-h-lm .-< ,-,ou >0 roro H :>OOH
0 U '-''-' " ~ ~lrlroC1J'C::~JJ.wHj..jc...Ii"'-I'tl.w-wmmQ) ,Cri UJM C c.wU>rlt-- P.. Crl{l)t)Ur--l (!)QJ;:""
tIltll '" W '" -rl II\5EEOOCCUU otr.C:C::;::J.c:~ O~CttlOOC:::E~oUJ o;:....c:: ClJ'UUi-l
'-' '-' N j..; I m...c:.r::-<-I-r1 Q) III UJ OO'O'ON I <ll ~'r-rrl -..-; Uh-l I-l-r-h-l Q) N I OM <f.h-l tIl tIl H l=: c: m
'" '" " U I li'HJl.w,lJ'O't:H::c;'l-li-! E'O'O'O.:o.:.!:: -j_.q:::~~.jJ+-l't:lr-lrl E .uC~tIl- C/.lrcln:fk
.c< .~ '" ml.~(/)"~'~~~mrclmmOOO~~~Utllm"~cu'"d~-~~r-ImooOtll"~QUOc;'~~C~
.-< .-< ri QJ , i< I--l H ~ :jJ..J.w H H 0 00 OU-W .....IU~::l (1)""; (l>::l;::l.w:1 /l)o 0 E;j ~"...-/ ~ ill Q)"M-~"..-l
.-< .-< AIi<~~~~w~~~~ooa~~w*ou~~~O~~~~~~O~~~~QU~~~~~
0 0
'" '" -<I;
we>. '" .,. .,. M OMO OM 0
.,. 'tl 0 rir-M '" 0 N M Ori -.:roo...-! Nr- ri M "00 I'rl 0
>-, >-,<1; 0 r- OMO M N '" 0 "'0 f"01COr-- OM N "1 r-",oo ",r- N
W U " ONri N M M rl aM 'd't,..?Cl...:l ON M M "CJO N" '"
E E~,..,
'" "'~,..,
-rl -rl~"rl
..., .-< >,,. ~~~~<~~~<<~~~~<~ ~~~~~~~~~~~~~~~~~~~ '"
"',.., .-<"'''' E ~~~~~~~~~~~~~~~~ ~~~~~m~m~w~wmwmm~~~ tIl
"1.~ -rlZ 01 " ..-....:..--...............................................................----,----.............................................. .................,--------.........----...................................----................---........................................ "
0" " <lJ '" NNNNNNNNNN~NNNNN NNNNNMMMMMMMM~MMNNM M
'" W.-< C< 0000000000000000 0000000000000000000 0
'" .w,..,
"'H HOO 'NN N N N '" N "',"N NNr~N N N '" NN'" MM M
rl'" >:riU '00 0 0 0 0 0 000 0000 0 0 0 000 00 0
, "" " " " " " "" " ................................... " " " '"'' "" "
'MM M M M M "1 "1"1M Mrll()N '" M " .,.,,'" ,,'" '"
H <l! 'rirl 0 0 0 0 0 OriO 0000 0 0 0 000 ria N
'" '-' , "" " " " " " "" " ---.......--........................ " " " "" " '" "
'tl ~ ""'" I' " "- r- r- r-",,,, OOriN '" '" '" "'N'" rlN N
rl 0 '00 0 0 0 0 0 000 Mrlrirl rl rl ri rlriri 00 0
0
'" I' r- r- "- '" r- "'''co '-Dt'-MO a> 00 '" "'''''' rir- '"
'" " '" "1 '" M ",r-co 01 01 Mt'- '" '" 0 "'''''" "'M M
'-' '" "1 0 N M r- ....001 co NO '" " N 00'" rlCO '"
~ 0 en ro 0 rl M " C\lOr-- f-r-on- ro ri M Mrlr~1 "" '"
~ Z N '" co co M M r-"'M f-"t"'--:r- " "1 "1 roro"1 "'"' '"
0 ri ri rl rl rl rl OOrl aoari rl rl rl OOrl Orl ri
U '< 0 0 0 0 0 0 000 0000 0 0 0 000 00 0
U W 0 0 0 0 0 0 000 0000 0 0 0 000 00 0
'" '" 0 0 0 0 0 0 000 0000 0 0 0 000 00 0
FYl-TT1JTm II."
o 0 0 0
o c' 0 r'
o 0 0 0
tv t-...l IV N
I--' '--' 0 C
tv M 'D m
Ul '--' .4 Ul
Ol .....J 0 --.l
CO '-0 ~ Ul
o
""
"-
a
~
"-
a
""
000
w w '"
"- "- "-
'" 0 0
w '" w
"- "- "-
000
" .. "
00
"""
"-"-
tntn
'd'd
OJ
OJ
o
w
""
'"
w
OJ
o
00 0
00 0
00 0
~JO tv
O\D 0
mm ~
~'" en
O'\.J:o. 1J1
~",. 0
O~ '"'
N~J IV
"-"- "-
00 0
w"' '"
"-"- "-
00 0
..w w
o
o
o
'"
o
00
00
00
'00
O~
+---".~
m,",
'""D
"''''
'"''"'
"''''
"-"-
00
..w
"-"-
00
ww
o 0
o 0
o 0
~ '"'
'" '0
-.; en
.. ~
-.; '"
'" '"
o 0
o 0
o 0
'"' ~
"' "'
'" '"'
.. '"
'" '"
-.; '"
"'
m
'"'
w
'"'
'"
"-
o
..
"-
a
w
~ '"' '"'
OJ W ~
"- "- "-
o 0 ~
'" w '"
"- "- "-
000
w w w
00
00
00
'"'0
OO~
<aN
OO~
ON
"'OO
o
o
o
'"'
'"
<a
'"'
'"
'"
o
o
o
'"'
oo
en
'"'
o
o
o 0000 0
o 0000 0
o 0000 0
~ f-'OOO I-'
CD COlDCOCO co
lJl iJlOWOJ 1-'
\D \D0~f-' W
IV OUlIJlU'l 0\
tv "::'COWI\J N
o
o
o
'"'
"
<a
m
..
'"'
I-'tvO N
OWO N
W-JI-' 0
..
o
o
o
'"'
"
en
m
"
~
o
-J
"-
a
-J
"-
a
w
o 0
o 0
o 0
'"' ~
" -.;
"" 0
en '"
N ~
m N
o
o
o
'"'
en
"
en
m
'"
0000
0000
0000
r--'I-'OO
O'l~((lCD
0'.00'10\
,r:.UlCU...J
OAO'::'
'DW\J10
0000
,c,.,t.AoP>
-.....:-'......................
0000
'-O-.JVJf-'
.................................
0000
wwww
o
o
o
~
oo
""
'"'
"
-.;
o
o
o
'"'
oo
o
<a
..
o
00
"""
"-"-
tntn
'd'd
000000000000000000
AWWAAAAA':;'AAAA~WWWW
...................................................................................,...........-...:...............................>....
ro~~~~wrommw~www~~~~
~~~~~~~~~~~~~~~~pp
N
'"
'"
G)N
<am
00
o
~
o
w
'"
w OW
N "'N
~ O~
o
>-'
o
w
'"
'" '"
m '"
o 0
>-'
~
"-
o
""
"-
o
w
'"' 0
o <a
"- "-
'" N
~ m
"- "-
o 0
w w
o 0
-J "
"- "-
a 0
-J -J
"- "-
o 0
w w
000
oo m '"
"- "- "-
'" w 0
" 0 en
"- "- "-
000
w w w
o 0
"" '"
"- "-
a '"
'"' oo
"- "-
a 0
w w
00
w'"
"-'--
tn"l
'd"
o
w
"-
tn
'd
w
'"
o
o 0000
\-0 I.DCO-.J-.J
........ .......................................
rv Nt-..)QO
W WNOOOJ
........ ...................................
o 0000
w WWWW
'"''"'
00
"-"-
W'"
O-J
"-"-
00
ww
00000000000000000000
WWWWWWWWWWWWWWWWWWWW
-.........................................................-----..................-...................................................................--
~~~~~~~~~~~~~~~~~~~~
,.,.,.,.,.~,.~~,.,.~,.~,.~~,.,.~
tv L'I\J N
tv -.l1Il \Jl
o 1--'0 0
o
N t"t::IG:lw
r.n O'lW\OLn
o OOOt-..l
cwo
w
w
o
0000
wwww
................-.............
W{flWC/1
"O"d"O'tl
'" N '"
'" '" w
o ~ w
Nt"'t"tv
'-O0'l0\1\..1
\0000
00
'"
'"
o
N
'"
'"
w
m
o
~~~~~~~oo~~~~~*w~*~~~~3moo~~~~~~~~~'U~~~'U~~o'U~~~~oooo~~~~~~~~~~~~~~~~~~
1-'.)-'.f-"""'I-'.)-'-(1:I ~ f-'.j.-'.({} III ~ (trt (t) ro ro fD (D rTrtSU III tll ~ ....../-'-({} ill AI ~ tll OJ WIll:J fti \-,..([J 0 HID III rTrtC C !-'.....',...r->.(tl 000 0 HrD (II /-'-1-'+"-1-'-)-"
::J::1 trt)::l:::J"< 0.::3:J::J I-i Ii):o': C ~Ill ill ;:lWill C c: Ii Ii 1111::J::J o.H Ii fi 11 H Ii '1'0 0.0;1 0 ~tlJ l-'C c: f-'-y....t5::::l::J:J tlI..........n n tr.lo.o.P:::J::J::J C1'
~tlli-iHWtll tlJ~:::J~AO'O'~~~~::J~~O'~^~A~SU~roXX~~~X^tlIroh::la~~~O'O'rT~tlIill~I.1J~~^A~roroWWWIllI-\
;:::l:::J ill III ::J t5 nO::::l t5 {[l f-"l-'<-J,rp row, m r1l (tIf-'''I-'-f-'.f-'.;:l:::l r< I-'.......I-'.f-'.f-'.f-'.f-'+..i-i !-J-G) I f1> ro f.....I-',::I:J::J::J 1'1"0 ..........H Ii;J::J::J::I ill
nnHlion~~nn"<::::l:::Jc::J::Jc:~~~~;:::l:JO::l~::Jnnw::::l::J;J::J::J::I::laill::J~~~~I::J::Joonnnn~jOO~illillnnnnli
([Jro~~{D~W ([JroHD~m~ITm~~~~~rTmo~~~rofDHQ~~~~~~ ~m~tlI~~ rTrT::::l;:::lrororo([J nccn~~mro(Dro~
'100 < iT rttll ill < III ill 'U O~~OillOO n~nrr
nOOOOnD(DnOw~~ ~~ :::J;:l.QI::l::J~~~~~~no~~~~~~~~Woo::Jill~~;:lO~~\I.1J~nnoro~ ~ootr.lOOnnO
::l"::Y< < ::Tt:rro 3 ::t:::r;:::ll-'-!-'.oftl ~o ::J ro ro I-'-/-,-!-,.j-'..::r::rro 1-'.f-'''I-''I-'.f-''I-'''/-''11 rt::l ill ro n P :::r::r::r::r:::l G)1-r1>7lill rtrt::r:::r::r::r..:::
P1W(t)roWIli ro,QIPJ.....:::s;JOWrt01 11-"1 J OIWP::J:::ltlllJOIii:::s::l;:Jl:j::l:Jp"'illGJ.....rn \ '1OlrtI-r1O"ill~l>>llJrt(J)mm"<lll.QIillW~wro
~ii~~"~ m~ii.QIroroo~~o III ~~rororo(!J~"~roro~(!Jromml-'.~litllro ~~~'W HIi~iiro rom3~~HH~~~
tQ\.Oo..Q.LQ1.Q nmLO I-'rt l-'w::a {J)(1}rtrt LQLOI-''' ::ll-M~I :3 '-r:l It<.....l'J1.Ql.OlQlQli:t>' (llHlHtQlQLQLQP,
mroc:c:roftl rommcn \D;:JHl.CfOroCltO't:1::r::r I1lro:;1 to O:::S cr.Htl w>-:!::J"f-"I-'(l)ftlroroID '1j I t5oororororo.c
rom .~ n m :::S~'1<r1"~M ID ~nrrID 1-'" rt m n'1 r1"ii~ ro
w ~HWA",,'(!JllJ""'~'HH ~p..\0Ir1" ~llJHf-" m ::J" wm ~o..
~ rr N~ ~::liin::J~PO ~ 1-" r1"(!J o..oro OItv~llJ n
o ro COCll L O'iQUl(lHQ~m(f} 0 Ot"QroM w.....mm liornMl t"t"' ::t
n c: tlI celli ;::<\0 i: ctI rrc to om ro 00 llJ
^ Q 1-'1i:Ul-'OO~GJroroHIi ::l rollJwGl 3p'Ii"l:l (j)wrrrr tLJOJ Ii
'1 NWrotv(j) ~(!)roPlQ.l rr:::S~1i matum ~~:::so ~
n Q.I """":::S<-""'3 OJ33::1~ CIl llJPJ m::J~ro ro
~ :::s onrooro Prorooo ::J::J IT 01 0 ~~
llJ n /'.HtlIiN(I) rTmcororo nrr !Df-I({}
nn
".".
Wi"
~"
""O
m ,>
>-'
""
-.I tV -.J Ul -.I (PlTJ
IJI \0 of:>. 0 N lTJO
..,. >l:>- W 0 UJ 00
'.D 0 -...J 0 w 00
LT1 lJl U1 ib oA ~w
l-' 0 0 \0 \D
W (}\ to.) r.n 0
-....J I--' N 00 ro
!\J ..J IN 0 0
-....J 0::> 00 I-' I--'
"'w
w,"
'"0
""'"
"'oo
'"'
" '"'
J;>. '-0 N I\J 0'1
\.I) 0 (J1 U1 \D
o 0 0 0 0'1
o 0 0 0 I-'
'"' '"'
'"'
'"
o
o
o
" ..
" '"
'" '"
o 0
o 0
'"' >-'
>-'
'"
IV W N \J1
r.n U1 Ul 0
000 0
o 0 0 0
00 ....J ,_.:'1.....11-'
O'l ,l::> IDf-''-O ~
o Ul O..JO 0 0 0 (J1
o 0 O'SlO 0'\ 0\ 0 0
o 0 000 I.D CXl 0 0
>-''D>-'
'"
o
o
o
o
-J"'''
'"OO'"
ow,"
000
000
W
o
o
N-.;
WN
,"0
-J
oo
'"
I-'f-' I-' 1--'1-'1-'
W Ulm A ~ ib J;>. ~lJ1 (J1 lJl U1 Ulm~oo ~ ..,.,l::>~
,"ww
"',"W
wwoo
w
""
'"
o
..
'"
\0
"
'"
..'"
oooo
""
oo
..
'"
""
'"
-J
'"
o
-J
W
en
oo,",
en",
enm
oooo
-J-J
'"'
o
'"
oo
-.J
o
oo
o
O-.JO'If-.l
wooO\.;:..
aowro
00000000
..J-J~-.J
>-'
""
o
'"
-J
N
oo
'"
oo
-J
""
'"
'"
'"
oo
-J
OO"'W
-J"-J
w>-'>-'
www
w>-,>-,
,","'W
-.JOO
WOO
""
'"
w
"
.. ..
en '"
woo",
W"',"
OI-'WCi)
O-.J..J-J
owww
en
'" 0
oo 0
o
o
'" '"
'" '" en
en '" 0
w "" 0
WJ;>.1J1 U1 IJ1
'" '"
oo 0
oo '"'
>-' '"'
o '"
" ,
" ,
" ,
IlUlI
110\1
11 ~ I
JIWI
(lOOI
111/:>01
11' I
1ll-'5
11.....J1
>-J
o
CT
~
~
0 0 0
0 0 0
0 0 0
'" '" '"
~ ~ ~
-' -' en
'" -' ~
'" W GO
W W 0
0 0 0
en U; U;
" " "
~ 0 0
0 " W
" " "
0 0 0
'" .. ..
00
....
'"
UHfl
""
tv tv tv
tv '" tv
0 0 0
*'<;I>"Ij''T.!'"J]'"rj'"'=j
,...............\-'.,.....1-'.
~~:J;::1::l~:::l
O'~IlJP.lPJP.I>1l-
u.::!;:!::1:Jtl::l
COOO(iOO
{l)ltl(ll(!l(O(tl(D
CT
()()()nn.c1
O::r;:r::r::r::r;:J"
OWlQ\.1l~WPJ
OM >i1it1'1
t>.;ti) :ttOrLll,.Ql.Q
f-l(lHtHi>ri>ro(O
en <
>-' ro 0
GO >< 0
0 m ><
~ ><
0 ~ ro
U; (l
, CT
0 >-,.
W 0
" "
" '"
o '"
en tv
II
"
" ,
lllJ1l
lll-'I
,,~ I
111-'\
110'\1
III.DI
n'l
!l0Cl1
!l(j\1
"
'"
'"
'"
U; en en
'" tv N
~ '" >-'
.. 0 w
w '" (D
N "" '"
"
"
"
" ,
JlU1\
11'1
11 N I
((r'1
n,r:.,
)l'1
llWI
1lt01
VERIFICATION
r, 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 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 r 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. 94904
relating to unsworn falsification to authorities, which provides that if I knowingly make false
averments, I may be subject to criminal penalties.
Dickinson College
Th~~
Bursar
Dated:
F. \FII,ES\ DATA FJ LE\D;ck rnsollCnlkge 761 (J\r"~!"CI i"n.\\('ull'en' \, .\2Y,cQmpbin\
"',:~~, la..
(, .
'-
-~
~.
~~~
~
v\
<;:y
- -
~-c;:...
__ V\...
~ ~
':'\ ~
\'
l,.!'(
.-'~
(, ;~:\
,.
r"-'.,
"
~
, .
,n
----
.
SHERIFF'S RETURN - OUT OF COUNTY
.
CASE NO: 2005-01344 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
DICKINSON COLLEGE
VS
HOLLISTER WILLIAM J
R. Thomas Kline
, Sheriff or Deputy Sheriff who bing
duly sworn according to law, says, that he made a diligent searc and
and inquiry for the within named DEFENDANT
, to wit:
HOLLISTER WILLIAM J
but was unable to locate Him
in his bailiwick. He therefore
deputized the sheriff of MONTGOMERY
County, Pennsylvani , to
serve the within COMPLAINT & NOTICE
On April
7th , 2005 , this office was in receipt of t e
attached return from MONTGOMERY
Sheriff's Costs:
Docketing
Out of County
Surcharge
Dep Montgomery Co
Postage
18.00
9.00
10.00
33.00
.37
70.37
04/07/2005
MDW&O
County
Sworn
me
}~-
,~~O
.
SHERIFF'S RETURN
PROTHONOTARY
B- 1119
DEFENDANT: William J. Hollister
DOCUMENT SERVED: Civil
INDIVIDUAL SERVED: William J. Hollister
RELATIONSHIP TO DEFENDANT: Defendant
DATE AND PREVAILING TIME: March 31, 2005 212:10
LOCATION:
1066 Maykut Ave., CollegeviIle, PA
7k ~ ~e<<..eret ~ U1U<uI. fHt- eJ.e <lelt."t<l"t M fUI< ~ ~ ~ i4 eJ.e
&.uw, ~ 1/to"lf"..e'Uf. e"...."""'.e<<fd ~ 'P~'Wftv.<<"I<<.
;4~ t1.C4l ~ ~ _ M t44 u.. 44~.
NOTARIAL SEAL
PATRICIA A GIAMBRONE
Nofary Put)/ic
NORRISTOWN BOROUGH MONTGOMERY COUNTY
My Commission Expires Dee 1 J, 2008
pJ. 'P. 'tJtUI4IIU
Sheriff of Montgomery County
Deputy Sheriff
Cpl. Lewis
.
.
R. THOMAS KLINE
Shariff
IV')
()
EDWARD L. SCHORPP
Solicitor
OFFICE OF THE SHERIFF
One Courthouse Square
Carlisie, Pennsylvania 17013
TO:
Hon. John Durante
Montgcmery County Sheriff
Dickinson College
RE:. VS
William J. Hollister
05-1344 civil
Dear Sheriff:
Enclosed please find. Notice and Ccmplaint
to be served upon
WilliamJ. Hollister
blr? - tJn - Nt;1
1066 Maykut Avenue
Coll€qeville, PA 19426
in your County.
Kindly make service thereof and send us your return of service.
PERSONSER1JtD UP) 1t;l.,riV ~U:jj(~
RElATION/POSITION !)F}~,2..d$"'lr
Very truly yours,
PLACE Of SERVICE ,n.4~ /A - r-~~J.
TIME Of SERVICE / .:z /P- ..L7.r.n . h'ff
I - R. 1110mas Klme, S en
DA1tOFSERVlCE -}/ ~/ .:-)5 . Cumberland County, Pem1Sylvania
NUMBfR<'lr~nf.fOTO. . / ..... ,
DEPUTY cf/L:--.r....:r/ S- .:..
DEPUTY . ., ..
lAS;OAY.(tF,~\Itf.f.=~~-JJ__-.:. - llJ /1/1
. "
RONNY R. NDERSON
Chief epuly
JODY . SMITH
Real Es te Deputy
;t I-U';':)
;(;; 0/3& /#:'; t/." kd:,'t,
c';vt' A e '.)/1')."1":,:...,./ t.'V'f/f.FJ
:f /1 '''". !Jr.,,:.
w..:v k/ nu7 ~ t' rh'~_ K..
0, "..
(".)
a;
. .
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
DICKINSON COLLEGE,
Plaintiff
No. 05-1344
v.
CIVIL ACTION - LAW AND EQUITY
WILLIAM J. HOLLISTER,
Defendant
JURY TRIAL OF TWELVE DEMANDED
PRAECIPE TO ENTER APPEARANCE
To the Prothonotary:
Please enter my appearance on behalf of the Defendant, William J. Hollister, in the above-
captioned matter.
Respectfully submitted,
KNIGHT & ASSOCIATES, P.c.
April 't'? , 2005
>~
Sean M. Shultz, Esquire
Attorney LD. No. 90946
11 Roadway Drive, Suite B
Carlisle, Pennsylvania 17013
(717) 249-5373
Attorney for Defendant
~
. ..
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
DICKINSON COLLEGE,
Plaintiff
No. 05-1344
v.
CIVIL ACTION - LAW AND EQUITY
WILLIAM J. HOLLISTER,
Defendant
JURY TRIAL OF TWELVE DEMANDED
CERTIFICATE OF SERVICE
AND NOW, this 2. ~ ~y of April, 2005, I, Sean M. Shultz, Esquire, hereby certify that
I have this day served the following person with a copy of the foregoing Praecipe to Enter
Appearance by first class, United States Mail, postage pre-paid, addressed as follows:
David R. Galloway, Esquire
Ten East High Street
Carlisle, Pennsylvania 17013
Attorney for Plaintiff
Respectfully submitted,
KNIGHT & ASSOCIATES, P.C.
Dated: April~, 2005
,~~
Sean M. Shultz, Esquire
Attorney I.D. No. 90946
11 Roadway Drive, Suite B
Carlisle, Pennsylvania 17013
(717) 249-5373
Attorney for Defendant
Docs\Oendocs2005\3820-lpraceipe enter wpd
<-'
"'"'
t"~::>
,-"
"-'j'"
~:
-~
\
N
o
-n
--\
~-r::. -lI
01.p~'
-om
- ~'l '-.,_J
:~,~\ S~~"
-!:.1
:~,T-f;\
--.\
"'-,.
>:~l
~~
<P.
r
-
-
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
DICKINSON COLLEGE,
Plaintiff
No. 05-1344
v.
CIVIL ACTION - LAW AND EQUITY
WILLIAM J. HOLLISTER,
JURY TRIAL OF TWELVE DEMANDED
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 j udgrnent 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 plaintiff. 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
32 South Bedford Street
Carlisle, Pennsylvania 17013
(717) 249-3166
NOTICIA
Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas
expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la
demanda y la notificacion. Usted debe presentar una apariencia escrita 0 en persona 0 por abogado
y archivar en la corte en forma escrita sus defensas 0 sus objeciones alas demandas en contra de su
persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede entrar una orden
contra usted sin previo aviso 0 notificacion ypor cualguier queja 0 alivio que es pedido en la peticion
de demanda. U sted puede perder dinero 0 sus propiendades 0 otros derechos importantes para usted.
LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE. SI NO TIENE
ABOGADO 0 SI NO TIENE EL DINERO SOFICIENTE DE PAGAR TAL SERVICO,
VA Y A EN PERSONAL 0 LLAME POR TELEFONO A LA OFICINA CUY A DIRECCION
SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE
CONSEGUlR ASISTENCIA LEGAL.
Sean M. Shultz, Esquire
Attorney ill No. 90946
II Roadway Drive, Suite B
Carlisle, Pennsylvania 17013
(717) 249-5373
Attorneys for Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
DICKINSON COLLEGE,
Plaintiff
No. 05-1344
v.
CIVIL ACTION - LAW AND EQUITY
WILLIAM J. HOLLISTER,
Defendant
JURY TRIAL OF TWELVE DEMANDED
ANSWER
AND NOW, this ~ ~\'''>day of April, 2005, comes the Defendant, William J. Hollister, by
and through his counsel, Knight & Associates, P.e., and files the following Answer to Plaintiffs
Complaint and in support thereof avers as follows:
1. Admitted.
2. Admitted.
COUNT I
BREACH OF CONTRACT
3. Paragraph 3 is a paragraph of incorporation and requires no responsive pleading.
4. Admitted in part, denied in part. Defendant has not been enrolled at Dickinson since
the Fall Semester of2003.
5. Admitted in part, denied in part. Defendant admits opening a Student Receivables
Account with Dickinson to pay tuition, dining service fees and other educational expenses provided
and rendered to Defendant by Dickinson. Defendant denies any implication that he continues to owe
! any balance to Dickinson.
6. Admitted in part, denied in part. Defendant admits opening the account and using
goods and services provided by Dickinson. Defendant denies that he agreed to pay Dickinson for
all charges made to the Account. By way of further answer Defendant agreed to pay only those
charges made to the Account based on goods and services that he received.
7. Denied. Defendant did not receive all goods and services that were to be provided
by Dickinson and thereby did not agree to payment for any goods and services that were not
substantially performed.
8. Denied. Defendant denies that the terms of repayment required Student to pay all
balances fourteen (14) days before the beginning of each semester.
9. Denied. Defendant denies that he defaulted on the repayment of the Account by not
paying the balance when due because Defendant had no obligation to pay for services that were not
substantially performed.
10. After reasonable investigation Defendant is without knowledge or information
sufficient to form a belief as to the truth ofthe averments in paragraph 10 of the Complaint.
11. Denied. Defendant denies that he failed to cure any defaults because there were no
such defaults to cure.
12. Denied. Defendant denies that the total amount which is immediately due and
payable to Dickinson by him on the Account is $5,214.32.
COUNT II
IN OUANTUM MERUIT
13. Paragraph 13 is a paragraph of incorporation and therefore requires no responsive
pleading.
14. Admitted in part, denied in part. Defendant admits that Dickinson loaned money to
him. Defendant denies that he became liable to Dickinson for the amount claimed due to the failure
of Dickinson to substantially perform its obligations to Defendant.
15. Denied. Defendant denies that he was unjustly enriched and further denies that he
accepted money from Dickinson without paying Dickinson for reasonable compensation therefore.
16. Denied. Defendant denies that he has become enriched, and denies that the total
amount is $5,214.32.
17. After reasonable investigation Defendant is without knowledge or information
sufficient to form a belief as to the truth of the averments in paragraph 17 ofthe Complaint.
WHEREFORE, Defendant, William J. Hollinger, III requests judgment against Plaintiff,
Dickinson College, and demands that Plaintiffs action be dismissed with prejudice.
NEW MATTER
18, Paragraphs 1 through 17 are incorporated herein by reference as if set forth in full.
19. During the Fall 2003 Semester another Dickinson College student raised an allegation
against Defendant regarding a disciplinary matter.
20. Plaintiff issues to its student population a handbook or information (hereinafter
I"Handbook") that outlines the procedures Plaintiff will take prior to any disciplinary action.
!
21. Defendant was issued a handbook prior to the Fall 2003 Semester at Dickinson.
22. Defendant was suspended with approximately three weeks remaining during the Fall
I
~003 Semester.
23. Defendant was not afforded an opportunity to be heard regarding the alleged
4isciplinary matter according to Dickinson College procedures during the Fall 2003 Semester prior
tp his suspension.
24. Plaintiff allowed Defendant to take his finals at the end of the Fall 2003 Semester.
25. Defendant was unable to attend classes over the final three weeks of the Fall 2003
S~mester due to his suspension by Plaintiff.
26. Due to Defendant's inability to attend classes, he was unable to fully prepare for the
Fall 2003 finals.
27. Defendant took out student loans to pay a portion of his tuition during the Fall 2003
Semester.
28. Defendant was a runner on the cross-country team of Dickinson College.
29. Due to Defendant's suspension by Plaintiff, Defendant is liable for Federal Stafford
Loans that were used as payment for services of Dickinson that were not substantiallyperfonned by
Dickinson.
30. Due to Defendant's suspension by Plaintiff, he has lost eligibility to run cross-country
at his new college.
31. Plaintiff has refused to transfer academic credits for academic years 2002 and 2003
to Defendant's new college.
32. Plaintifffailed to act in good faith and failed to substantiallyperfonn its obligations
under the alleged contract between Plaintiff and Defendant.
33. Plaintiff has unclean hands due to its failure to substantiallyperfonn its obligations
and due to its failure to follow its own procedure for disciplinary action.
WHEREFORE, Defendant, William J. Hollinger, III requests judgment against Plaintiff,
Dickinson College, and demands that Plaintiffs action be dismissed with prejudice.
COUNTERCLAIM
34. Paragraphs I through 33 are incorporated herein by reference as if set forth in full.
35, Defendant incurred Two Thousand Two Hundred Fifty Dollars ($2,250.00) in loans
for tuition, goods, and services paid to Plaintiff for services that Plaintiff failed to substantially
perfonn.
WHEREFORE, Defendant demands judgment against Plaintiffin the sum of Two Thousand
Two Hundred Fifty Dollars ($2,250.00), plus costs of suit, attorneys fees and any and all other
appropriate remedies.
REOUEST FOR INJUNCTIVE RELIEF
36. Paragraphs 1 through 35 are incorporated herein by reference as if set forth in full.
37. Defendant has paid tuition for credits that Plaintiff has refused to transfer to
Defendant's new college.
38. Defendant has no adequate remedy at law to have the credits transferred to his new
college.
WHEREFORE, Defendant requests that this Honorable Court enjoin Plaintiff to transfer his
academic credits from Dickinson ColIege to his new college, and any and all other appropriate
remedy.
Respectfully Submitted,
Sean M. Shultz, Ire
Attorney ill No. 90946
11 Roadway Drive, Suite B
Carlisle, Pennsylvania 17013
(717) 249-5373
Attorney for Defendant
VERIFICATION
I verify that the statements made in the foregoing Answer are true and correct to the best of
my knowledge, information and belief. This Verification is made by Defendant's counsel based
upon infoTIllation provided by Defendant to Defendant's counsel regarding the factual averments
contained herein. I understand that false statements herein are made subject to the penalties of l8
Pa. C. S. Section 4904, relating to unsworn falsification to authorities.
S-~~
Sean M. ShuItz, Esquire
F,\User Folder\Finn Docs\Forms\Litigationlverification-pJ!f mjh
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL VANIA
DICKINSON COLLEGE,
Plaintiff
No. 05-1344
v.
CIVIL ACTION - LAW AND EQUITY
WILLIAM J. HOLLISTER,
Defendant
JURY TRIAL OF TWELVE DEMANDED
CERTIFICATE OF SERVICE
I hereby verify that on April d, 2005, I served a true and correct copy of the foregoing
Answer by United States First Class Mail, postage prepaid, addressed as follows:
David R. Galloway, Esquire
Ten East High Street
Carlisle, Pennsylvania 17013
Attorney for Plaintiff
KNIGHT & ASSOCIATES, P.c.
Sean M. Shultz, Esquire
Attorney ill No. 90946
11 Roadway Drive, Suite B
Carlisle, Pennsylvania 17013
(717) 249-5373
Attorney for Defendant
F\User Fo]derlFilUl Docs\Gcndocs2005\3820_1 answer. lwpd
n
[~
~;(;
c.;,
>.'P
_.,,~
,
f'-v c",
C)
-n
.-j
:1: -n
r11-,.
1'~1
}
'-:?
.r::-
FIFILES\DAT AFTLEIDickinsonCollege76191CollectionslCurrentl3231rep 1
Created: ~/20/05 8:32AM
Revised: 5/31/05 840AM
7619C323
'.
David R. Galloway, Esquire
MARTSON DEARDORFF WILLIAMS & OTTO
10 East High Street
Carlisle, P A 17013
(717) 243-3341
Attorneys for Plaintiff
DICKINSON COLLEGE,
Plaintiff,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 05-1344
CNILACTION-LAW
WILLIAM J. HOLLISTER,
Defendant.
JURY TRIAL OF TWELVE DEMANDED
.
REPLY TO DEFENDANT'S NEW MATTER. COUNTERCLAIM
AND REOUEST FOR INJUNCTIVE RELIEF
TO: WILLLIAM J. HOLLISTER, DEFENDANT, AND HIS ATTORNEY, SEAN M.
SCHULTZ, ESQUIRE
AND NOW, comes Plaintiff Dickinson College, by and through its attorneys, MARTSON
DEARDORFF WILLIAMS & OTTO and files the following Reply and in support thereof avers as
follows:
REPLY TO NEW MATTER
18. The averments of Plaintiffs Complaint are incorporated by reference.
19. Admitted.
20. Admitted in part and denied in part. It is admitted that Dickinson College provides
students, including Defendant, with a copy ofthe handbook that outlines the disciplinary standards
and procedures for the resolution of disciplinary situations. The precise content of the document is
denied as stated. The handbook speaks for itself.
21. Admitted.
22. Denied as stated. It is admitted that Defendant was suspended in November 2003.
It is denied that said suspension was related to the allegation of misconduct by another student as set
forth by Defendant herein. To the contrary, Defendant's suspension in November 2003 was the result
of a determination of academic dishonesty, to-wit plagiarism, by Defendant.
~
'L.,
23. Admitted in part and denied in part. It is admitted that the allegations against
Defendant by a fellow student were not heard before Defendant was suspended for other violations
of the College's standards. It is denied that the College's failure to conduct a hearing on the
outstanding allegations by another student prior to suspending student for academic dishonesty was
a violation of the College's policies and procedures. By way of further answer, any deviation from
normal policies and procedures was necessitated by Defendant's multiple conduct violations and the
College's need to adapt its procedures to Defendant's situation. Still further, the allegations of
misconduct by a fellow student were heard in January 2004 and Defendant 'failed to attend the
hearing despite notice by the College.
24. Admitted.
25. Admitted. By way of further answer, Defendant's inability to attend classes over the
last three weeks of the Fall 2003 semester was caused by the institutional sanction imposed as a
result of his behavior in violating the college's standards for academic honesty.
26. Denied. Afterreasonable investigation, Plaintiffis without knowledge or information
sufficient to form a belief as to the truth or falsity ofthe averments of Paragraph 26. Said averments
therefore are denied and strict proofthereof is demanded at trial.
27. Admitted.
28. Admitted.
29. Denied. The averments of Paragraph 29 constitute conclusions oflaw to which no
responsive pleading is required by Pa.R.Civ.P. 1029(a). To the extent a response is deemed required,
Plaintiff admits Defendant received funds from a Stafford Loan to pay for educational expenses that
Plaintiff provided and rendered to Defendant. Plaintiff denies that it did not substantially perform
those services.
30. Denied. After reasonable investigation, Plaintiffis without knowledge or information
sufficient to form a belief as to the truth or falsity of the averments of Paragraph 30. Said averments
therefore are denied and strict proof thereof is demanded at trial.
31. Admitted.
32. Denied. The averments of Paragraph 32 constitute conclusions of law to which no
responsive pleading is required by the Pa. R.Civ.P. 1029(a). To the extent a response is deemed
required, it is denied that Plaintiff failed to act in good faith or substantially perform its obligation
to Defendant.
~
-----
,,'
33. Denied. The averments of Paragraph 33 constitute conclusions oflaw to which no
responsive pleading is required by the Pa. R.Civ.P. l029(a). To the extent a response is deemed
required, Plaintiff denies it failed to substantially perform its obligation under the alleged contract
between the parties or failed to follow its disciplinary procedure.
WHEREFORE, Plaintiff Dickinson College demands judgment against Defendant William
J. Hollister III in the sum of Five Thousand Two Hundred Fourteen Dollars and Thirty-Two Cents
($5,214.32), plus late fees, cost of suit, attorneys fees and collection cost and interest from date of
Judgment.
RESPONSE TO COUNTERCLAIM
34. The averments of Paragraphs 1 through 17 of Plaintiff's Complaint and Paragraphs
18 through 33 to Plaintiff's Reply to New Matter are hereby incorporated by reference.
35. Denied. To the contrary, Plaintiff provided educational goods and services to
Defendant for which Defendant did not pay.
WHEREFORE, Plaintiff Dickinson College respectfully requests that this Court dismiss
Defendant William J. Hollister III's Counterclaim with prejudice and enter judgment in Plaintiff's
favor for Five Thousand Two Hundred Fourteen Dollars and Thirty-Two Cents ($5,214.32), plus late
fees, cost of suit, attorneys fees and collection cost and interest from date of Judgment.
REOUEST FOR INJUNCTIVE RELIEF
36. The averments of Paragraphs 1 through 17 of Plaintiff's Complaint and Paragraphs
18 through 35 of Plaintiff's Reply to New Matter and Response to Counterclaim are hereby
incorporated by reference.
37. Denied. To the contrary, Defendant has failed to pay Plaintiff for goods and services
Plaintiff provided to Defendant.
38. Denied. The averments of Paragraph 38 constitute conclusions oflaw to which no
responsive pleading is required by the Pa.R.Civ.P. l029(a). To the extent a response is deemed
required, it is denied that Defendant has no adequate remedy at law to have his credits transferred
to his new college.
WHEREFORE, Plaintiff Dickinson College respectfully requests that this Court dismiss
Defendant William J. Hollister ill's Request for Injunctive Reliefwith prejudice and enter judgment
in Plaintiff's favor for Five Thousand Two Hundred Fourteen Dollars and. Thirty-Two Cents
($5,214.32), plus late fees, cost of suit, attorneys fees and collection cost and interest from date of
Judgment.
NEW MATTER TO COUNTER CLAIM
39. The averments of Paragraphs 18 through 38 are hereby incorporated reference.
40. Defendant's Counterclaim fails to state a claim upon which relief can be granted.
41. Defendant's Counterclaim against Plaintiff is barred because of failure of
consideration.
42. Defendant's Counterclaim against Plaintiff is barred by the principle of laches.
43. Defendant's Counterclaim against Plaintiff is barred by the doctrine of waiver.
44. Defendant's Counterclaim against Plaintiff is barred by the doctrine of estoppel.
45. Defendant failed to follow Plaintiff's policy and procedure regarding disciplinary
procedures.
46. If Defendant sustained the damage alleged in the Complaint, which potential finding
is hereby expressly denied, then such claims are prohibited and/or barred and/or reduced pursuant
to and by virtue of breach of contract, the doctrine of contributory negligence or comparative
negligence, as the case may be, and/or the doctrine of assumption of the risk, such as may be
determined during discovery and trial of this action and for the reasons set forth in this New Matter.
47. If Defendant has suffered any injury or damage, which potential finding is hereby
expressly denied, then it is believed that there was an intervening cause or causes leading to said
injury and/or damage and, as such, any action on the part of Plaintiff was not the proximate and/or
competent producing cause of Defendant's injury or damage.
48. If Defendant has suffered any injury and/or damage, which potential finding is hereby
expressly denied, then it is believed that some or all of the alleged injuries and/or damages were or
may have been caused and/or contributed in whole or in part by the negligence and/or related actions
of one or more third persons for whose conduct Plaintiff is not responsible,. or with whom the
Plaintiff has no legal relation.
WHEREFORE, Plaintiff Dickinson College respectfully requests that this Court dismiss
Defendant William J. Hollister Ill's Counterclaim with prejudice and enter judgment in Plaintiffs'
favor for Five Thousand Two Hundred Fourteen Dollars and Thirty-Two Cents ($5,214.32), plus late
fees, cost of suit, attorneys fees and collection cost and interest from date of Judgment.
MARTSON DEARDORFF WILLIAMS & OTTO
By
David R. Galloway
Attorney LD. No. 87326
10 East High Street
Carlisle, P A 17013
(717) 243-3341
Date: May 31, 2005
Attorneys for Plaintiff
.
,
.
VERIFICATION
I, MICHAEL MALONE, Acting Dean of Students of Dickinson College, make
this Verification subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn
falsification to authorities, I acknowledge that I have the authority to execute this
Verification on behalf of Dickinson College and verify that the foregoing Reply to New
Matter, Counterclaim and Request for Injunctive Relief is true and correct to the best of
my knowledge, information and belief.
Dickinson College
0))2/j tj)1~
Michael Malone
Acting Dean of Students
Dated: May 2L, 2005
CERTIFICATE OF SERVICE
I, Jean Taylor, an authorized agent of Marts on Deardorff Williams & Otto, hereby certify that
a copy ofthe foregoing Reply of Defendant's New Matter, Counterclaim and Request for Injunctive
Relief was served this date by depositing same in the Post Office at Carlisle, P A, first class mail,
postage prepaid, addressed as follows:
Sean M. Schultz, Esquire
KNIGHT & ASSOCIATES, P.C.
II Roadway Drive
Suite B
Carlisle, P A 17013-8806
MARTSON DEARDORFF WIL IAMS & OTTO
By >--
Jean aylor
Te ast High Street
Carhsle, PA 17013
(717) 243-3341
Date: May 31, 2005
~,
~~:::; ()
._" -\1
:?
r
r_,'
"
-.-...
G)
"
+.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
DICKINSON COLLEGE,
Plaintiff
No. 05-1344
v.
CIVIL ACTION - LAW AND EQUITY
WILLIAM J. HOLLISTER,
Defendant
PETITION FOR RULE TO SHOW CAUSE
NOW comes Sean M. Shultz, Esquire, attorney for Defendant, and presents this petition for
a rule to show cause, representing as follows:
I. Petitioner is Sean M. Shultz, Esquire, attorney for Defendant, with offices at II
Roadway Drive, Suite B, Carlisle, Cumberland County, Pennsylv,mia 17013.
2. Respondent is William J. Hollister, an adult individual residing at 1066 Maykut
Avenue, Collegeville, Pennsylvania, 19426.
3. Respondent was mailed a fee agreement with Petitioner's law firm on April 18, 2005
in regard to legal fees for the above-captioned matter. A copy of the letter is attached hereto as
Exhibit "A".
4. Petitioner has represented Respondent in this matter since April 18, 2005.
5. The parties are presently engaged in a litigation proceeding.
6. Over the past few months Petitioner has left numerous messages for Respondent to
which Respondent has not responded.
7. Respondent has not paid Petitioner in full for services rendered to him to date. In
addition Petitioner wrote a letter to Respondent on November 4,2005 asking him ifhe wishes for
Petitioner to continue representing him in this matter and requesting that he respond to Petitioner by
November 14, 2005. To date Respondent has not responded to said letter. Petitioner's letter to
Respondent is attached hereto as Exhibit "B".
8. Petitioner believes and therefore avers that Respondent has adequate time to find
substitute counsel, if necessary, should this Court grant Petitioner's request herein.
WHEREFORE, Petitioner requests your Honorable Court to enter a rule upon the Respondent
to show cause why Petitioner should not be permitted to withdraw from this case as counsel for
Respondent.
Respectfully submitted,
1~)14\D5
KNIGHT & ASSOCIATES, P.C.
--.
ean M. Shultz, Ire
Attorney ID No. 90946
II Roadway Drive, Suite B
Carlisle, Pennsylvania 17013
(717) 249-5373
Petitioner
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
DICKINSON COLLEGE,
Plaintiff
No. 05-1344
v.
CIVIL ACTION - LAW AND EQUITY
WILLIAM J. HOLLISTER,
Defendant
JURY TRIAL OF TWELVE DEMANDED
CERTIFICATE OF SERVICE
AND NOW, this 14.f.!>day of December, 2005, I, Sean M. Shultz, Esquire, hereby certify
that I have this day served the following persons with a copy of the foregoing Petition for Rule to
Show Cause by first class, United States Mail, postage pre-paid, addressed as follows:
Christopher E. Rice, Esquire
Martson Deardorff Williams & Otto
10 East High Street
Carlisle, Pennsylvania 17013
Attorney for Plaintiff
William J. Hollister
1066 Maykut Avenue
Collegeville, Pennsylvania 19426
Defendant
Respectfully submitted,
5::tsso
Sean M. Shultz, Esquire
Attorney J.D. No. 90946
11 Roadway Drive, Suite B
Carlisle, Pennsylvania 17013
(717) 249-5373
Petitioner
Exhibit "A"
KNIGHT&AsSOClATES P.C.
Attorneys at Law
April 18,2005
William Hollister, III
1066 Maykut Avenue
Collegeville, Pennsylvania 19426
RE: Litigation v. Dickinson College
Our File No. 3820.1
Dear William:
Please accept this letter to acknowledge that you have engaged IlS to represent you in the
above-referenced litigation matter. The scope of ollr representation may change depending upon
developments in this matter and further instruction from you.
In accordance with the Rules of Professional Conduct applicable to attorneys authorized to
practice law in the Commonwealth of Pennsylvania, it is our firm's practice to disclose in writing
the manner in which our fees will be determined before or within a reasonable time after our
representation is commenced. We trust you will find this letter helpful in explaining the basis and
procedure for the billing and payment of fees and disbursements.
The enclosed memorandum describes the billing policies that apply generally to our clients
and the elements we consider in determining fees. You and I have discussed legal fees which will
be billed at my hourly rate of $140.00. Please be advised that we accept Visa and Mastercard.
In keeping with our policy regarding new clients or significant new matters for existing
clients, we are requesting an advance against fees in the amount of$500.00, which we will expect
to receive before committing any substantial time or resources to this engagement. An advance
against fees is not a flat fee. If your matters do not use up all of the advances, the remainder would
be refunded to you. You will be billed for time that exceeds the advance against fees. We reserve
the right to request further advances or to increase the amount of the advance as it is exhausted or
as may be warranted by developments that indicate a substantial additional commitment of time and
other resources.
If either our description of the services we are asked to provide or our billing procedures are
contrary to your understanding, please ,advise us in writing, addressed to us at the address listed
above, as soon as possible. In the absence of such notification, we will assume that you approve and
- ,
agree to the above terms of our engagement on your behalf.
.:1
f:'{Jsufoldcr\FinaDoc.'G...ltr2005\J82O-lrce,lu,""1"I
II Roadway Drive Suire B Carlisle, PA 17013-8806
.
717-249-5373 717-249-0457 fax
7. Advance Al!ainst Fees. In accordance with our policy, we generally require an
advance from new clients or with respect to significant new matters for existing clients in an amount
appropriate to the engagement. The advance is in the nature of a deposit held by us on account of
our continuing investment of time and effort. Even though we may hold an advance, we expect
payment periodically as statements are issued for services rendered as reflected by interim billings.
We will apply the advance to the final billing. '
,
8. Funds Held in Escrow. During the course of our engagement, we may have
occasion to hold funds in escrow on your behalf. We reserve the right to apply funds held in escrow
to pay outstanding billings for services and disbursements before remitting the balance to you.
9. Termination. You may terminate this firm's representation in a matter at any time.
We have the same right, subject to our professional obligation to give you reasonable notice to
arrange for alternative representation,
Please do not hesitate to ask us any questions you may have with regard to our billing
practices or the nature and extent of our undertaking on your behalf.
i
.
'f
d~
"!
r:\lJ1Iel' FoIdcrIfinn 00u\GaI11J200S'JUll-lf".IIr,wpd
Enclosed please find a copy of this fee letter. If this fee ktter is accurate as to your
understanding of our engagement, please sign and date page two where indicated and return the copy
to us.
We look forward to assisting you in this matter, and we appreciate the cQnfidence you have
shown in us by permitting us to be of service to you.
Very truly yours,
KNI
SMS/dmh
Enclosure
I HAVE READ THE ABOVE RETAINER LETTER AND IT CORRECTLY SETS FORTH MY
UNDERSTANDING IN REGARD TO MY FEE ARRANGEMENT AND REPRESENT AnON
BY KNIGHT & ASSOCIATES, P.C.
Dated:
William Hollister, III
~~.~
F:\UICI" PoIderIJ'irm Ooes\G(!lIltr2005\J82o-lfce_ll1_wpd
KNIGHT & ASSOCIATES, P.C.
Financial Arrangements with Clients
1. Fees. Many factors are taken into account in billing for our seryices, including the
hourly billing rates of the lawyers and paralegals who work on the matter, the novelty and
,
complexityofthe issues involved, the urgency with which the services must be performed, the extent
to which an undertaking precludes us from representing other clients and the results achieved, In
most instances, the number of hours spent by professional personnel is the principal basis for our
fees. For your convenience, we accept Visa and Mastercard.
2. Hourlv Billinl! Rates. Currently, my hourly billing rate is $140.00. Gregory H.
Knight's hourly billing rate is $150.00. Our law clerk's, legal assistant's and paralegal's hourly rate
is currently $75.00. The hourly rates are reviewed periodically and mOlY increase or change during
the course of our engagement on your behalf. .
3. Determination of Final Fee. You may receive interim billings which will be based
on the hourly billing rates of attorneys and paralegals involved in the undertaking. Determination
of the total final fee will await ultimate conclusion of each matter so that all factors may be
considered properly.
4. Disbursements. Most engagements require that certain advances be made on your
behalfby us from time to time. Out-of-pocket expenses for travel, toll-calls, filing fees and similar
items, and for certain administrative services such as photocopying, telecopy or fax transmissions
and receipt, computer assisted research, special delivery and secretarial overtime specifically related
to this matter will be separately billed and identified on our statements. As a result of delays in
billings to our office, certain disbursements may not be billed by us on the statements on which
related services are billed.
5. Periodic Billinl!s. Unless we have made other arrangements, it is our policy to render
monthly statements for professional services. Usually, we prepare and mail statements at the end
of the month in which substantial services have been rendered and/or disbursements have been
incurred. We expect that our statements will be paid upon presentation" but, in any event, within 30
days after you receive the statement. The amounts paid on our interim billings are applied to the
total final fee.
6. Administrative Charl!e. In the event our statements for fees and disbursements are
not paid within thirty days after you receive them, we reserve the right to impose a charge at the rate
of eighteen percent (18%) per annum on the balance due to help defray the additional cost of carrying
and administering a delinquent acc~unt.
-~
::-~
f:\lJICI Foldcr'flrm DocI'Gmlu200S\J810-IfllcJlr_wpd
Exhibit "B"
. .
KNIGHT&AsSOClATES P.C.
Attorneys at Law
November 4, 2005
William Hollister, III
1066 Maykut A venue
Collegeville, Pennsylvania 19426
RE: Litigation v. Dickinson College
Our File No. 3820.1
Dear William:
Enclosed please find a copy ofa letter dated November3, 2005, that I received from Attorney
Christopher Rice in the above-referenced matter. Please confirm that you want me to continue to
represent you. Despite leaving numerous messages for you, I have not heard from you in many
weeks, If! do not hear from you within 10 days of the date of this letter, I will be filing to withdraw
from the case.
Should you have any questions, or wish to discuss this matter further, please do not hesitate
to contact me.
Very truly yours,
SMS/dmh
Enclosure
P:\U_Pol~inaDocI\CiCl\ltt2Q05\3S20-l..,h.l,.
11 Roadway Drive Suire B Carlisle, PA 17013-8806
.
717-249-5373 717-249-0457 fax
VERIFICATION
The foregoing Petition is true and correct to the best of my knowledge, information and
belief. I understand that false statements made herein are subject to the penalties of 18 Pa. C.S.A.
Section 4094, relating to unsworn falsification to authorities.
ean M. Shultz, Esquire
Petitioner
--,
Date: /2J1LJ 105
DEe 1 ~ 2005
-}-
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
MY
DICKINSON COLLEGE,
Plaintiff
No. 05-1344
v.
CNIL ACTION - LAW AND EQUITY
WILLIAM J. HOLLISTER,
Defendant
ORDER OF COURT
NOW, this ~~ay of December, 2005, on Petition of Sean M. Shultz, Esquire, a Rule is
hereby issued upon Defendant, William J. Hollister, and Plaintiff, Dickinson College, to show cause
why Petitioner should not be permitted to withdraw as counsel for Defendant.
Rule returnable 1. 0 days after the date of this order. Service to be by certified mail upon
Defendant and upon Plaintiffs attorney ofrecord, Christopher E. Rice, Esquire.
, J.
. )
(<7'-- )...)-0)
~~
.~
JlJr
I ! f,I(~'
l'W..l\.,
8 ~I :8 Wd I (; 33Q 500l
AH'ilCNOH.lOUd 3HL :l0
381:1:10-0311.:1
'-
F: IFI L~S\DA T AFI LEIDickinsonCollege 7619\CollectionsICurrent\323u-es I
Revised: 1/4/06 932AM
7619C.323
Christopher E. Rice, Esquire
MARTSON DEARDORFF WILLIAMS & OTTO
ID 90916
10 East High Street
Carlisle, PAl 7013
(717) 243-3341
Attorneys for Plaintiff
DICKINSON COLLEGE,
Plaintiff,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 05-1344
CIVIL ACTION-LAW
WILLIAM J. HOLLISTER,
Defendant
JURY TRIAL OF TWELVE DEMANDED
PLAINTIFF'S RESPONSE TO RULE
AND NOW, comes the Plaintiff, Dickinson College, by and through its attorneys, MARTSON
DEARDORFF WILLIAMS & OTTO, and hereby responds to the Rule as follows:
1. Plaintiff does not object to the withdraw of counsel, Sean M. Schultz, Esquire, for
Defendant William J. Hollister.
MARTSON DEARDORFF WILLIAMS & OTTO
BYV~ ; }~
Christopher E. Rice
10 East High Street
Carlisle, PA 17013
(717) 243-3341
Date:M iJ.6ri&
Attorneys for Plaintiff
)
'-
CERTIFICATE OF SERVICE
I, Tricia D. Eckenroad, an authorized agent of Marts on Deardorff Williams & Otto, hereby certify
that a copy of the foregoing Plaintiff s Response to Rule was served this date by depositing same in the Post
Office at Carlisle, P A, first class mail, postage prepaid, addressed as follows:
Sean M. Schultz, Esquire
KNIGHT & ASSOCIATES, P.C.
11 Roadway Drive
SuiteB
Carlisle, P A 17013-8806
Mr. William Hollister, III
1066 Maykut Avenue
Collegeville, P A 19426
MARTSON DEARDORFF WILLIAMS & OTTO
rfil/J/l Pft~O<rcP
. D. Eckenroad
Ten East High Street
Carlisle, P A 17013
(717) 243-3341
Date:~ fj, ~~
~-:::~
C'::>
<',""
C?,
"
:;:.....
<:::;
t;'?
-~i
::.--.
..-".
~ ",)
c.)
;)
"-..>
(::',:)
('::"."l
<::.;.,-,;
f~
~'..-..'
c')
...,.}
I
---
-:-
-.
~<...
C._.)
C. ~:-
, .
......:
.....)
'",,'
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
DICKINSON COLLEGE,
Plaintiff
No. 05-1344
v.
CIVIL ACTION - LAW AND EQUITY
WILLIAM J. HOLLISTER,
Defendant
MOTION OF SEAN M. SHULTZ. ESOUIRE TO MAKE RULE
TO SHOW CAUSE ABSOLUTE
Sean M. Shultz, Esquire, respectfully moves this Court to make absolute the rule to show
cause which was issued in the above-captioned matter on December 20, 2005, and in support states
the following:
I. Sean M. Shultz, Esquire, filed a Petition for Rule to Show Cause on December 15,
2005.
2. On December 20,2005, this Court issued a rule on Defendant, William J. Hollister,
and Plaintiff, Dickinson College, to show cause why Petitioner, Sean M. Shultz, Esquire, should not
be permitted to withdraw as counsel for Defendant, returnable 20 days after the date of the Order,
which would have been January 9, 2006.
3. On December 27, 2005, Sean M. Shultz, Esquire, caused a copy of the rule to be
served on Defendant, William J. Hollister, and Plaintiff, Dickinson College, by certified and regular
mail. A true and correct copies of the transmittal letters are attached as Exhibit "A."
4. Plaintiff, Dickinson College was served on December 29,2005; Defendant, William
J. Hollister was served on December 30, 2005. Copies ofthe signed Domestic Return Receipts are
attached hereto as Exhibit "B" and by reference incorporated herein and made a part hereof.
5. On January 4,2006, Plaintiff, Dickinson College served upon Petitioner, Sean M.
Shultz, Esquire, Plaintiffs Response to Rule, in which Plaintiff did not object to withdrawal of
counsel.
6. William J. Hollister has failed to answer the petition of Sean M. Shultz, Esquire to
date.
WHEREFORE, Sean M. Shultz, Esquire requests that this Court make the rule to show cause
absolute and grant the petition to withdraw as counsel.
Respectfully submitted,
an M. Shultz,
Attorney ID No. 90946
11 Roadway Drive, Suite B
Carlisle, Pennsylvania 17013
(717) 249-5373
Petitioner
VERIFICATION
The foregoing Petition is true and correct to the best of my knowledge, information and
belief. I understand that false statements made herein are subject to the penalties of 18 Pa. C.S.A.
Section 4094, relating to unsworn falsification to authorities.
Date: 11/3JOlp
>/1
n M. Shultz, Esquire
Petitioner
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
DICKINSON COLLEGE,
Plaintiff
No. 05-1344
v.
CIVIL ACTION - LAW AND EQUITY
WILLIAM J. HOLLISTER,
Defendant
JURY TRIAL OF TWELVE DEMANDED
CERTIFICATE OF SERVICE
AND NOW, this IY.b- day ofJanuary, 2006, I, Sean M. Shultz, Esquire, hereby certify that
I have this day served the following persons with a copy of the foregoing Motion to Make Rule
Absolute by first class, United States Mail, postage pre-paid, addressed as follows:
Christopher E. Rice, Esquire
Martson Deardorff Williams & Otto
10 East High Street
Carlisle, Pennsylvania 17013
Attorney for Plaintiff
William J. Hollister
1066 Maykut Avenue
Collegeville, Pennsylvania 19426
Defendant
Respectfully submitted,
ean M. Shultz, squire
Attorney LD. No. 90946
II Roadway Drive, Suite B
Carlisle, Pennsylvania 17013
(717) 249-5373
Petitioner
Exhibit "A"
KNIGHT & ASSOCIATES lJ.C.
Attorneys at Law
December 27,2005 I '
VIA U.S. CERTIFIED & REGULAR MAIL
RETURN RECEIPT REOUESTED
William Hollister, III
1066 Maykut Avenue
Collegeville, Pennsylvania 19426
RE: Litigation v. Dickinson College
Our File No. 3820.1
Dear William:
Enclosed please find a copy of an Order of Court dated December 20, 2005 in the above-
reference matter.
Should you have any questions, or wish to discuss this matter further, please do not hesitate
to contact me.
Very truly yours,
SMS/dmh
Enclosure
I',\JJJCI' Foldcr\firm DouIGClJl\f200SIJ82G-lwlI_3_wpd
11 Roadway Drive Suite B Carlisle, PA 17013-8806
.
717-249-5373 717-249-0457 fax
KNIGHT&AsSOCIATES EC.
Attorneys at Law
December 27,2005
VIA U.S. CERTIFIED & REGULAR MAIL
RETURN RECEIPT REQUESTED
Christopher E. Rice, Esquire
Martson Deardorff Williams & Otto
10 East High Street
Carlisle, Pennsylvania 17013
RE: Dickinson College v. William J. Hollister
Cumberland County Civil Case No. 05-1344
Our File No. 3820.1
Dear Attorney Rice:
J. ,
Enclosed please find a copy of an Order of Court dated December 20, 2005 in the above-
reference matter.
Should you have any questions, or wish to discuss this matter further, please do not hesitate
to contact me.
Very truly yours,
T & ASSOCIATES, P.C.
/I
M.Sh ltz
SMS/dmh
Enclosure
P:\Ul.crF<>IderlJ'ilI>>Doc~'li..,k1200.s\J.S2()..JCT_l"'P'1
. .~':~,;t
~;~f,:;'"7~.
11 Roadway Drive Suite B Carlisle, PA 17013-880?
.
717-249-5373 717-249-0457fax
'\{:Il~f;~
">;~';.
~~~~~:r
Exhibit "B"
-;:..... . ~,.
t
,.~\('
..."~
:..:~t&~;'
,--!;}it;-
'."",.>'
Q~'Lf~sto pnu E, R I~~ E1
M(lr'fSOr'){ ~a(d Irff,}'Un) <1
Om
to ~. J.fi~h St
( -s PA /71013
2. Mj', Z 1,",k:!jl~t!a:lll'lctJEl:1ln 8709
I PS Ft'~i8Vdu!D~SSnn:lV'A>mestic Return Receipt
, .
SENDER: COMPLETE THIS SECTION
. Complete items 1, 2, and 3. Also complete
item 4 if Restricted Delivery is desired.
. Print your name and address on the reverse
so that we can return the card to you.
I . Attach this card to the back of the mailpiece,
or on the front if space permits.
1. Article Addressed to:
Complete items 1, 2, and 3. Also complete
item 4 if Restricted Delivery is desired.
. Print your name and address on the reverse
so that we can return the card to you.
. Attach this card to the back of the mail piece,
or on the front if space permits.
1. Article Addressed to:
Wi l/; Ml /-to 1J (M~ld;r
I DLt& M.aykuf AVe.
~OJfe~n1/lfl fJA
/9<./2&
C. Signature
X/)/ ~G.-s..,1;:...
o Agent
o Addressee
DYes
o No
D. Is delivery address1fff~e(li:1rOf:lli ~1\1?
If YES. ent~r d:rL~e~i ad&e~o,#:_. \
;', . /J;:" \/,\
! . f "u ,.",
i I 2,0 I" .
\ 'J." I "
\ I'W'~ / r; ,.
. , / .
3. Se ice Type
Certified Mail
Regislered
o Insured Mail
o Express Mail
0- Return Receipt for Merchandise
o C.O.D.
4. Restricted Delivery? (Extra Fee)
DYes
5418
I
102595.99-M.1789 ~
--.--+.
~l;t%'1
J 0 Agent I
L.-,...- 0 Addressee
D. Is delivery ress different from item 1? 0 Yes
If YES. enter delivery address below: 0 No
C. Signature
x
0'
3. ~e~ Type
J2{" Certified Mail
o Registered
o Insured Mail
o Express Mail
o Return Receipt for Merchandise
o C.O.D.
4. Restricted Delivery? (Extra Fee)
DYes
2. A~ c: WHJrntle~1;jJ31lD~ 8709 5401
PS F'(~ l8~cr"!b~ifl\3Si~n:l~Pl'mesiic Reiu," Rece;pi
'02S9S'~M'1789 J
,;:.."
61;'
~~1<~'
.;J!j;
'~':f:(f;'f>
i),;~~:!"
;z.:j;~t.,
"~. .:-
-'
(-.,
~.~~
.-\
j','i
c:
c.")
w
::i
,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
DICKINSON COLLEGE,
Plaintiff
No. 05-1344
v.
CNIL ACTION - LAW AND EQUITY
WILLIAM J. HOLLISTER,
Defendant
CERTIFICATE OF SERVICE
AND NOW, this J3t.b-day of January, 2006, I, Sean M. Shultz, Esquire, hereby certify that
the following persons were served with a True and Correct copy of the Petition for Rule to Show
Cause and Order of Court dated December 20, 2005 filed in the above-referenced matter. Said
documents were mailed by United States Mai], Certified Mail--Return Receipt Requested, Postage
Prepaid and served on Christopher E. Rice, Esquire, on December 29, 2005, and on William
Hollister, III, on December 30, 2005. The mailings were addressed as follows:
Christopher E. Rice, Esquire
Martson Deardorff Williams & Otto
] 0 E. High Street
Carlisle, Pennsylvania] 7013
William Hollister, III
] 066 Maykut Avenue
Collegeville, Pennsylvania] 9426
A copy of the signed Domestic Return Receipts is attached hereto as Exhibit "A" and by
reference incorporated herein and made a part hereof.
Respectfully submitted,
. Shultz, E qUire
Attorney ill No. 90946
] ] Roadway Drive, Suite B
Carlisle, Pennsylvania 17013
(7] 7) 249-5373
Petitioners
,
Exhibit "A"
~h(~stophu E, R,~~ B1
MatrsOI)( ty(tro IrF{, YUm ~
Om
to E,. J..tr8h st
( -5 PA FIOla
A"j', z. l..oJd?~t!(f.IH3ctJOOtJ 8709 5418
..
SENDER: COMPLETE THIS SECTION
. Complete items 1, 2, and 3. Also complete
item 4 if RestrIcted Delivery is desired.
. Print your name and address on the reverse
so that we can return the card to you.
\ . Attach this card to the back of the mail piece,
or on the front if space permits.
1. Article Addressed to:
J ;)--~'(- 0"-
C. Signature
x7}(~G
--r:-.
o Agent
o Addressee
DYes
o No
O. Is delivery address4ffl!lreni:1rcii:njit~,fQ,1?
If YES, enter denyer{ addii;ss"bel6W: \
.;' lipfi \ ...
. / ~l.V \ '.'
'. 2t i:
\ 611i~ / c,-
'. <':.-' /
ice Type
Certified Mail 0 Express Mail
Registered 0 Return Receipt for Merchandise
o Insured Mail 0 C.O.D.
4. Restricted Delivery? (Extra Fee)
DYes
102595-99-M-17B9
: PS FT"~ t8I)du!:'D~9SI~~VPl'mest;c Retum Rece;pt
Complete items 1, 2, and 3. Also complete
item 4 if Restricted Delivery is desired.
. Print your name and address on the reverse
so that we can return the card to you.
. Attach this card to the back of the mail piece,
or on the front if space permits.
1. Article Addressed to:
WJJl; am ffo II tM~(',1JJ:
101./& Maykuf AYe.
COlfe~(r(;!feJ J1A
/9l./2{P
-+. .
C. Signature
~.{;t%?-1
I
i
x
L-
o Agent
o Addressee
DYes
o No
t7'
D. Is delivery ress different from item 1?
If YES, enter delivery address below:
3. ~e~ Type
~Certified Mail
o Registered
o Insured Mail
I
o Express Mail
o Return Receipt for Merchandise 1
o C.O.D. i
,
I
I
I
I
J
4. Restricted Delivery? (Extra Fee)
DYes
2. Al z: W2:DQ:il;J6~1il:l31itDfi.Q: 8709 5401
PS F'i'l r8l;d"b~9Snn::I'\t/?fmest;c Retum Rece;pt
102595-99-M-17B9
C)
-n
:~i
I;'
C~~
C.-:::'1
:/)/
.IAN 2 0 2006
.;y;r.(
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
DICKlNSON COLLEGE,
Plaintiff
No. 05-1344
v.
CNIL ACTION - LAW AND EQUITY
WILLIAM J. HOLLISTER,
Defendant
ORDER OF COURT
NOW, this2c:L~aYOf ::r 2J)
,2006, on Motion of Sean M. Shultz, Esquire to make
this Court's December 20,2005 Rule to Show Cause absolute, it is hereby ordered that the Rule is
made absolute and Sean M. Shultz, Esquire is withdrawn as counsel for Defendant, William J.
Hollister, and Defendant shall proceed pro se unless and until he has secured other counsel.
By the Court,
I\)~
~
d'
1 '. ~
(.:1
.~~...
.,_.~
l.n
<-~)
("-J
v-;
F::
,..
t'_
<>
Christopher E. Rice, Esquire
MARTS ON DEARDORFF WILLIAMS & OTTO
10 East High Street
Carlisle, P A 17013
(717) 243-3341
Attorneys for Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
DICKINSON COLLEGE,
Plaintiff,
v.
NO. 05-1344
CNIL ACTION-LAW
WILLIAM J. HOLLISTER,
Defendant
JURY TRIAL OF TWELVE DEMANDED
TO: WILLLIAM J. HOLLISTER, DEFENDANT
YOU ARE HEREBY NOTIFIED TO FILE A WRITTEN RESPONSE TO THE ENCLOSED
NEW MATTER WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF OR A
JUDGMENT MAY BE ENTERED AGAINST YOU.
F.,FILES\DA T AFILE\DickinsonCollege7619\Collections\Current\J23\rep2
Created. 5/20105 8.32AM
Revised 1/30106243PM
7619C323
Christopher E. Rice, Esquire
MARTSON DEARDORFF WILLIAMS & OTTO
10 East High Street
Carlisle, PA 17013
(717) 243-3341
Attorneys for Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
DICKINSON COLLEGE,
Plaintiff,
v.
NO. 05-1344
CIVIL ACTION- LAW
WILLIAM J. HOLLISTER,
Defendant
JURY TRIAL OF TWELVE DEMANDED
REPLY TO DEFENDANT'S NEW MATTER. COUNTERCLAIM
AND REOUEST FOR INJUNCTIVE RELIEF
TO: WILLLlAM J. HOLLISTER, DEFENDANT
AND NOW, comes Plaintiff Dickinson College, by and through its attorneys, MARTSON
DEARDORFF WILLIAMS & OTTO and files the following Reply and in support thereof avers as follows:
REPLY TO NEW MATTER
18. The averments of Plaintiffs Complaint are incorporated by reference.
19. Admitted.
20. Admitted in part and denied in part. It is admitted that Dickinson College provides
students, including Defendant, with a copy ofthe handbook that outlines the disciplinary standards and
procedures for the resolution of disciplinary situations. The precise content ofthe document is denied as
stated. The handbook speaks for itself.
21. Admitted.
22. Denied as stated. It is admitted that Defendant was suspended in November 2003. It is
denied that said suspension was related to the allegation of misconduct by another student as set forth by
Defendant herein. To the contrary, Defendant's suspension in November 2003 was the result ofa
determination of academic dishonesty, to-wit plagiarism, by Defendant.
23. Admitted in part and denied in part. It is admitted that the allegations against Defendant
by a fellow student were not heard before Defendant was suspended for other violations ofthe College's
standards. It is denied that the College's failure to conduct a hearing on the outstanding allegations by
another student prior to suspending student for academic dishonesty was a violation of the College's policies
and procedures. By way of further answer, any deviation from normal policies and procedures was
necessitated by Defendant's multiple conduct violations and the College's need to adapt its procedures to
Defendant's situation. Still further, the allegations of misconduct by a fellow student were heard in January
2004 and Defendant failed to attend the hearing despite notice by the College.
24. Admitted.
25. Admitted. By way of further answer, Defendant's inability to attend classes over the last
three weeks ofthe Fall 2003 semester was caused by the institutional sanction imposed as a result of his
behavior in violating the college's standards for academic honesty.
26. Denied. Afterreasonable investigation, Plaintiffis without knowledge or information
sufficient to form a belief as to the truth or falsity of the averments of Paragraph 26. Said averments
therefore are denied and strict proof thereof is demanded at trial.
27. Admitted.
28. Admitted.
29. Denied. The averments of Paragraph 29 constitute conclusions of law to which no
responsive pleading is required by Pa.R.Civ.P. 1029(a). To the extent a response is deemed required,
Plaintiff admits Defendant received funds from a Stafford Loan to pay for educational expenses that Plaintiff
provided and rendered to Defendant. Plaintiff denies that it did not substantially perform those services.
30. Denied. Afterreasonable investigation, Plaintiffis without knowledge or information
sufficient to form a belief as to the truth or falsity of the averments of Paragraph 30. Said averments
therefore are denied and strict proof thereof is demanded at trial.
31. Admitted.
32. Denied. The averments of Paragraph 32 constitute conclusions oflaw to which no
responsive pleading is required by the Pa. R.Civ.P. 1029(a). To the extent a response is deemed required,
it is denied that Plaintiff failed to act in good faith or substantially perform its obligation to Defendant.
33. Denied. The averments of Paragraph 33 constitute conclusions oflaw to which no
responsive pleading is required by the Pa. RCiv.P. I029(a). To the extent a response is deemed required,
Plaintiff denies it failed to substantially perform its obligation under the alleged contract between the parties
or failed to follow its disciplinary procedure.
WHEREFORE, Plaintiff Dickinson College demands judgment against Defendant William 1.
Hollister III in the sum of Five Thousand Two Hundred Fourteen Dollars and Thirty-Two Cents
($5,214.32), plus late fees, cost of suit, attorneys fees and collection cost and interest from date of
Judgment.
RESPONSE TO COUNTERCLAIM
34. The averments of Paragraphs I through 17 of Plaintiff's Complaint and Paragraphs 18
through 33 to Plaintiff's Reply to New Matter are hereby incorporated by reference.
35. Denied. To the contrary, Plaintiff provided educational goods and services to Defendant
for which Defendant did not pay.
WHEREFORE, PlaintiffDickinson College respectfully requests that this Court dismiss Defendant
William J. Hollister Ill's Counterclaim with prejudice and enter judgment in Plaintiff's favor for Five
Thousand Two Hundred Fourteen Dollars and Thirty-Two Cents ($5,214.32), plus late fees, cost of suit,
attorneys fees and collection cost and interest from date of Judgment.
REOUEST FOR INJUNCTIVE RELIEF
36. The averments of Paragraphs 1 through 17 of Plaintiff's Complaint and Paragraphs 18
through 35 of Plaintiff's Reply to New Matter and Response to Counterclaim are hereby incorporated by
reference.
37. Denied. To the contrary, Defendant has failed to pay Plaintiff for goods and services
Plaintiff provided to Defendant.
38. Denied. The averments of Paragraph 38 constitute conclusions oflaw to which no
responsive pleading is required by the Pa.R.Civ.P. I029(a). To the extent a response is deemed required,
it is denied that Defendant has no adequate remedy at law to have his credits transferred to his new college.
WHEREFORE, PlaintiffDickinson College respectfully requests that this Court dismiss Defendant
William J. Hollister ill's Request for InjWlctive Relief with prejudice and enter judgment in Plaintiff's favor
for Five Thousand Two HWldred Fourteen Dollars and Thirty-Two Cents ($5,214.32), plus late fees, cost
of suit, attorneys fees and collection cost and interest from date of Judgment.
NEW MATTER TO COUNTER CLAIM
39. The averments of Paragraphs 18 through 38 are hereby incorporated reference.
40. Defendant's COWlterclaim fails to state a claim upon which relief can be granted.
41. Defendant's Counterclaim against Plaintiff is barred because of failure of consideration.
42. Defendant's COWlterclaim against Plaintiff is barred by the principle of laches.
43. Defendant's Counterclaim against Plaintiff is barred by the doctrine of waiver.
44. Defendant's COWlterclaim against Plaintiff is barred by the doctrine of estoppel.
45. Defendant failed to follow Plaintiff's policy and procedure regarding disciplinary
procedures.
46. If Defendant sustained the damage alleged in the Complaint, which potential finding is
hereby expressly denied, then such claims are prohibited and/or barred and/orreduced pursuant to and
by virtue ofbreach of contract, the doctrine of contributory negligence or comparative negligence, as the
case may be, and/or the doctrine of ass umpt ion ofthe risk, such as may be determined during discovery
and trial of this action and for the reasons set forth in this New Matter.
47. If Defendant has suffered any injury or damage, which potential finding is hereby expressly
denied, then it is believed that there was an intervening cause or causes leading to said injury and/or damage
and, as such, any action on the part of Plaintiff was not the proximate and/or competent producing cause
of Defendant's injury or damage.
48. If Defendant has suffered any injury and/or damage, which potential finding is hereby
expressly denied, then it is believed that some or all ofthe alleged injuries and/or damages were or may
have been caused and/or contributed in whole or in part by the negligence and/orrelated actions of one
or more third persons for whose conduct Plaintiffis not responsible, or with whom the Plaintiffhas no legal
relation.
WHEREFORE, PlaintiffDickinson College respectfully requests that this Court dismiss Defendant
William J. Hollister Ill's Counterclaim with prejudice and enter judgment in Plaintiffs' favor for Five
Thousand Two Hundred Fourteen Dollars and Thirty-Two Cents ($5,214.32), plus late fees, cost of suit,
attorneys fees and collection cost and interest from date of Judgment.
MARTS ON DEARDORFF WILLIAMS & OTTO
By cC&efriice~Sq~
Attorney I.D. No. 90916
10 East High Street
Carlisle, PA 17013
(717) 243-3341
Date: January 30, 2006
Attorneys for Plaintiff
VERIFICATION
I, MICHAEL MALONE, Acting Dean of Students of Dickinson College, make
this Verification subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn
falsification to authorities. I acknowledge that I have the authority to execute this
Verification on behalf of Dickinson College and verify that the foregoing Reply to New
Matter, Counterclaim and Request for Injunctive Relief is true and correct to the best of
my knowledge, information and belief.
Dickinson College
C))) t!}21
'It,>} j ,/v,
Michael Malone
Acting Dean of Students
Dated: May~, 2005
, , ,
CERTIFICATE OF SERVICE
I, TriciaD. Eckenroad, an authorized agent of Marts on Deardorff Williams & Otto, herebycertity
that a copy ofthe foregoing Reply was served this date by depositing same in the Post Office at Carlisle,
P A, first class mail, postage prepaid, addressed as follows:
Mr. William J. Hollister, III
1066 Maykut Avenue
Collegeville, P A 19426
MARTS ON DEARDORFF WILLIAMS & OTTO
~~~
Ten East High Street
Carlisle, P A 17013
(717) 243-3341
Date: January 30,2006
0 r-_' 0
C;::>
~.; ,~:::J -n
~.J"
'- .-<
(-"! ::.c"'~ :J: :n
z f11 r
-nIl)
Cv :'f)O
,',1
~'~:j (_~i
-r "
-0 (;??5
:l';
<:- ,,~ ,-51"n
~ ..l
::) .r:::- 53
r~ -<
Christopher E. Rice, 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. 05-1344
CIVIL ACTION-LAW
WILLIAM J. HOLLISTER,
Defendant.
JURY TRIAL OF TWELVE DEMANDED
NOTICE OF ENTRY OF DEFAULT JUDGMENT
TO: WILLIAM J. HOLLISTER, DEFENDANT
You are hereby notified that on (Y2';J(> r L 3/ ,2006, the following Judgment was
entered against you in the above-caption~d case: [I]n the above-captioned action in favor of Plain tit I and
against Defendant in the amount of$5,214.32, plus reasonable attorneys' fees, costs of suit and interest
from date of judgment at 6% per annum for Defendant's failure to file an answer to the New Matter.
Date: .] /] 1/ Ob
!J~
protfumo~ - / - 1
I hereby certifY that the name and address ofthe proper person to receive this notice under Pa. R.
Civ. P. 236 is:
Mr. William J. Hollister
1066 Maykut Avenue
CoIlegeville, P A 19426
MARTS ON DEARDORFF WILLIAMS & OTTO
Date: March 30, 2006
By Q.EJ.,.--L ~ It......
Christopher E. Rice, Esquire
Attorneys for Plaintiff
1'11'1 LESIDA T AFlLEIDickinsonCollege 76191( olleclionslCurrcntl323 \pra21lde
Crcated: 3128/06 3:02PM
.. Revised: 3130106 9:39AM
Christopher E. Rice, Esquire
MARTSON DEARDORFF WILLIAMS & OTTO
Ten East High Street
Carlisle, P A 17013
(717) 243-3341
Attorneys for Plaintiff
DICKINSON COLLEGE,
Plaintiff,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 05-1344
CNIL ACTION-LAW
WILLIAM J. HOLLISTER,
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 in
the amount of$5,214.32, plus reasonable attorneys' fees, costs of suit and interest from date of judgment
at 6% per annum for Defendant's failure to file an answer to the New Matter.
I do hereby certify that a written notice of intention to file this Praecipe (in the form attached hereto)
was mailed to the Defendant on March 7, 2006, which date was subsequent to the date default occurred
and at least ten (10) days prior to the date of the Praecipe.
MARTS ON DEARDORFF WILLIAMS & OTTO
By~)Lr- S J<--
Christopher E. Rice, Esquire
Ten East High Street
Carlisle, P A 17013
(717) 243-3341
Attorneys for Plaintiff
Dated: March 30, 2006
..
f \I'ILES\DA T Af]LElDickillsonCollcgc761 <.I\C\\lIcCliolls\CUITcnt\32J\ I OO;'Ylloticc.:
CleJJcd 31710(, ~:'.:'.PM
" Rcvi_><:d 3I7iO!] 3:'.6PM
Christopher E. Rice, 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. 05-1344
CIVIL ACTION-LAW
WILLIAM J. HOLLISTER,
Defendant.
JURY TRIAL OF TWELVE DEMANDED
TO: WILLIAM J. HOLLISTER
IMPORT ANT 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 (I 0) DAYS FROM THE DA TE 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 ALA WYER.
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 REDUCED FEE OR NO FEE.
Cumberland County Lawyer Referral Service
Cumberland County Bar Association
32 South Bedford Street
Carlisle, P A 17013
Telephone:(717) 249-3166
Dale: March 7, 2006
MARTSON DEARDORFF WILLIAMS & OTTO
By U..-~". ,,~.
Christopher E. Rice. Esquire
Ten East High Street
Carlisle. PA 17013
(717) 243-3341
Attorneys for Plaintiff
.
CERTIFICATE OF SERVICE
I, Tricia D. Eckenroad, an authorized agent of Marts on 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,
P A, first class mail, postage prepaid, addressed as follows:
Mr. William J. Hollister
1066 Maykut Avenue
Collegeville, PA 19426
MARTSON DEARDORFF WILLIAMS & OTTO
~A/-i4{)(}/fI1;//qJ
C~ckenroad
Ten East High Street
Carlisle, P A 17013
(717) 243-3341
Dated: March 30, 2006
\)
c~~
'4:--
~ ~ <t
~ }J VI
~ ~.;; ()"
~
-l.C.
-D
\)
C>
-cJ
?-
~
.~
{"-:.'
(}"
~ ..1
--
t..:"'
C:J