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HomeMy WebLinkAbout14-2952 Supreme Co; 01 Pennsylvania COurf,Como leas For Prothonotary Use Only: T C il overS t �l�f V Docket No: S� Cu County The information collected on this form is used solely.for court administration purposes. This form does not supplement or replace the filing and service of pleadings or other papers as required by law or rules of court. Commencement of Action: S O Complaint El Writ of Summons El Petition E 0 Transfer from Another Jurisdiction Q Declaration of Taking C Lead Plaintiff's Name: Lead Defendant's Name: T Dickinson College Alexander W. Ahrens I Dollar Amount Requested: within arbitration limits Are money damages requested? Yes No O (check one) Qoutside arbitration limits N Is this a Class Action Suit? El Yes E No Is this an MDJAppeal? El Yes No A Name of Plaintiff/Appellant's Attorney: David R. Galloway, Esquire Check here if you have no attorney(are a Self-Represented [Pro Se] Litigant) Nature of the Case: Place an"X"to the left of the ONE case category that most accurately describes your PRIMARY CASE. If you are making more than one type of claim,check the one that you consider most important. TORT(do not include Mass Tort) CONTRACT(do not include Judgments) CIVIL APPEALS ®i Intentional 0 Buyer Plaintiff Administrative Agencies Malicious Prosecution Q Debt Collection:Credit Card © Board of Assessment Motor Vehicle rM Debt Collection:Other Board of Elections Nuisance J Dept.of Transportation r1i Premises Liability Statutory Appeal:Other S [3Product Liability(does not include E mass tort) Employment Dispute: Slander/Libel/Defamation Discrimination C [3Other: Employment Dispute:Other n Zoning Board T 13 Other: I [3 Other: O MASS TORT Asbestos N Tobacco Toxic Tort-DES Toxic Tort-Implant REAL PROPERTY MISCELLANEOUS Toxic Waste Other: � Ejectment 12 Common Law/Statutory Arbitration B Eminent Domain/Condemnation 0 Declaratory Judgment Ground Rent El Mandamus Q Landlord/Tenant Dispute El Non-Domestic Relations ®' Mortgage Foreclosure:Residential Restraining Order PROFESSIONAL LIABLITY Mortgage Foreclosure:Commercial ®Quo Warranto Dental Partition 0 Replevin Legal Quiet Title Other: Q Medical Other: n Other Professional: Updated 111/1011 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA CIVIL DIVISION Plaintiff(s)&Address(es) Dickinson College 272 W. High St. Carlisle, PA 17013 Case No. Civil Term VS. Civil Action Defendant(s)&Address(es) Alexander W. Ahrens 41 Lanthorne Rd. Monroe, CT 06468-1728 Mw �r PRAECIPE FOR WRIT OF SUMMONS ZCC? ' TO THE PROTHONOTARY/CLERK OF SAID COURT: p X Issue summons in the above case Writ of Summons shall be issued and forwarded to Attorne Sheriff. Please Circle choice) Date : Signa e of Attorney Print Name: David R. Galloway Address: 54 E. Main St. Mechanicsburg, PA 17055 Telephone#:717-697-4650 Supreme Court ID Number: 87326 WRIT OF SUMMONS TO: Alexander W. Ahrens YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFF(S)HAS/HAVE COMMENCED AN ACTION AGAINST YOU. �1 Prothonotary/Clerk,Civil Division — Date: Deputy 0 3. ?S P� " CA R#- 3 dd-90 David R. Galloway Counsel for Plaintiff Attorney I.D. No. 87326 WALTERS & GALLOWAY, PLLC 54 E. Main Street Mechanicsburg, PA 17055 Telephone: (717) 697-4650 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DICKINSON COLLEGE ) Plaintiff, ) CIVIL ACTION—LAW a s•.,, rnCu Y. DOCKET NO: 14-2952 z rte `: ALEXANDER W. AHRENS, Defendant, ) C �cco PRAECIPE TO DOCUMENT SERVICE AND COST OF SERVICE' "; PURSUANT TO THE PENNSYLVANIA LONG ARM STATUTE TO THE PROTHONOTARY: I hereby certify that a copy of the Writ of Summons was served on Alexander W. Ahrens by certified mail, restricted delivery, return receipt requested. Attached is the Post Office return receipt signed and dated JUNE 4, 2014, and a copy of the receipt showing the cost of service was $11.54. CERTIFICATE OF SERVICE I, David R. Galloway, hereby certify that a copy of the foregoing Praecipe was served this date by depositing same in the Post Office at Mechanicsburg, PA, first-class mail, postage pre-paid, addressed as follows. Mr. Alexander W. Ahrens 41 Lanthorne Road Monroe, CT 06468-1728 Respectfully submitted, WALTERS & GALLOWAY, PLLC By: Date: June i3, 2014 David R. Gallows Counsel for Plaintiff ■ Complete items 1,2,and 3.Also complete A. Sign re item 4 if Restricted Delivery is desired. X Age ■ Print your name and address on the reverse ' � so that we can return the card to you. by Name) 1=0 ry ■ Attach this card to the back of the mailpiece, or on the front if space permits. . Is deliva(dIJL different from item 1 s 1. Article Addressed to: If YES,enter delivery address below: ❑No �kr. Akj-Y-M kv- l�• (�hreps q I L CA-U cxV\t Q-OCLJ I Y 1 DRYDe 3. Service Type Certified Mail O Express Mail Registered S Retum Receipt for Merchandise ❑Insured Mall 0 G.O.D. 4. Restricted Delivery?(Extra Fee) Yes 2. Article Number 7004 2510 0001 0528 9851 (►fansfer from sertdae k P; Fbrrir $11 Fi ruarY 2!004 Domosilc Return Receipt 10205 o2-M-1sa0; Postal Ul CERTIFIED MAIL,, RECEIPT ,a co L (Domestic Mail Only,No Insbrance Coverage Provided) Er : For delivery information visit our website at www.usps.come 43 Ln C Postage $ ,4 C3Certified Fee Cr C3 -08 9 C3 Return Receipt Fee A,-76 M (Endorsement Required) N�4 O kA AV Restricted Delivery Fee LU r—1 (Endorsement Required) 4o J uI JJ fU Total Postage&Fees $ p Sent To G r O 171-- ; or PO Box No. --- City,State,ZIP+4 PS Form :00 June 2002 David R. Galloway Attorney I.D. No. 87326 WALTERS & GALLOWAY, PLLC 54 E. Main Street Mechanicsburg, PA 17055 Telephone: (717) 697-4650 lE 4rLANO CLUB Y PENNSYLVANIA Counsel for Plaintiff IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA DICKINSON COLLEGE, v. Plaintiff, ) ) CIVIL ACTION --LAW ) DOCKET NO: 14-2952 Defendant ) JURY TRIAL OF TWELVE DEMANDED ALEXANDER W. AHRENS, NOTICE TO DEFEND 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 an 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 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, 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 BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 1-800-990-9108 717-249-3166 Dickinson/Ahrens, Alexander W. David R. Galloway Attorney I.D. No. 87326 WALTERS & GALLOWAY, PLLC 54 E. Main Street Mechanicsburg, PA 17055 Telephone: (717) 697-4650 Counsel for Plaintiff IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA DICKINSON COLLEGE, Plaintiff, v. ) ) ) CIVIL ACTION --LAW ) ) DOCKET NO: 14-2952 ALEXANDER W. AHRENS, ) Defendant ) JURY TRIAL OF TWELVE DEMANDED COMPLAINT AND NOW, comes Plaintiff, Dickinson College, by and through its attorney, David R. Galloway, Esquire, and files this Complaint and is support 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 Alexander W. Ahrens (hereinafter "Student") is an adult individual whose last known address is 41 Lanthorne Road, Monroe, CT 06468-1728. 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 true and correct copy of that Account is incorporated by reference and attached as Exhibit "A." 6. Student, by opening the Account and using the goods and services provided by Dickinson, agreed to pay Dickinson for all charges made to the Account. Dickinson/Ahrens, Alexander W. 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 either 14 (fourteen) days before the beginning of each semester or by the date of Student's graduation, whichever was later. 9. Student defaulted on the repayment of the Account by not paying the balance when due. 10. Notices were forwarded to Student informing him of his default and right to cure such default. 11. Student failed to cure such defaults. 12. Student's graduation date was May 22, 2010. 13. The total amount which is immediately due and payable to Dickinson by Student on the Account is $5,646.38. WHEREFORE, Plaintiff Dickinson College demands judgment against Defendant Alexander W. Ahrens in the sum of $5,646.38, plus late fees, costs of suit, attorney's fees and collection costs, and interest from date of judgment. COUNT II IN QUANTUMMERUIT In the alternative, if this Honorable Court should determine that an express contract between Dickinson and Alexander W. Ahrens does not exist, which is denied, Dickinson pleads the following: 14. Paragraphs 1 through 13 are incorporated herein by reference as if set forth in full. 15. Because Dickinson loaned money to Student, to the benefit of Student, Student became liable to Dickinson for said money. 16. Student was unjustly enriched by accepting said money without paying Dickinson reasonable compensation therefor. 17. The total amount for which Student has become enriched is $5,646.38. 18. Dickinson demanded payment of the above sums but Student failed and refused to do so. Dicicinson/Ahrens, Alexander W. 1 WHEREFORE, Plaintiff Dickinson College demands judgment against Defendant Alexander W. Ahrens in the sum of $5,646.38, plus late fees, costs of suit, attorney's fees and collection costs, and interest from date of judgment. Respectfully Submitted, WALTERS & GALLOWAY, PLLC By: David R. Galloway Counsel for Plaintiff Dickinson/Ahrens, Alexander W. 1 VERIFICATION I verify that the facts set forth in this Complaint are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904, relating to unsworn falsification to authorities. I am authorized to make this verification on behalf of Dickinson College because of my position as Bursar. Date: Sally Hec Bursar ndorn EXHIBIT A Dickinson/Ahrens, Alexander W. .W • 11 -MAR -2014 03:23:46 PM ALL TERMS Ahrens, Alexander W DETL Description Dickinson College Transaction Summary Report 900202445 RECEIPT 5 EFF DATE T382 Tuition SSI TRAN:1 TPAY: ID:SHOEMAKE H412 Housing Summer Session I TRAN:2 TPAY: ID:HECKENDO 8306 Meal Plan - Summer Session I TRAN:3 TPAY: ID:HECKENDO T302 Tuition SSI TRAN:4 TPAY: ID:PIPER T302 Tuition SSI TRAN:5 TPAY: ID:SHOEMAKE B306 Meal Plan - Summer Session I TRAN:6 TPAY: ID:HECKENDO M182 Finance Charge TRAN:7 TPAY: ID:POWERSD M102 Finance Charge TRAN:8 TPAY: ID:POWERSD M102 Finance Charge TRAN:9 TPAY: ID:POWERSD M102 Finance Charge TRAN:10 TPAY: ID:POWERSD MBDW Bad Debt Write Off TRAN:11 TPAY: ID:POWERSD TOTAL: TERM CHARGE R02010 201060 4,630.00 B 09 -JUN -2010 201060 735.00 V 09 -JUN -2010 201060 875.00 R 11 -JUN -2810 201060 -2,315.00 R 15 -JUN -2018 281060 2,315.00 V 28 -JUN -2810 201060 -875.00 L 81-JUL-2910 201060 34.73 L 04 -OCT -2010 201070 81.00 L 02-NOV-2010 201078 82.21 L 01 -DEC -2010 201870 83.44 T 07 -JAN -2011 201120 Balance Due: .00 Future Due: .00 Account Balance: .80 NSF Count: 0 C. PAYMENT 5,646.38 PAGE 1 TSRTSUM BALANCE 4,630.00 5,365.00 6,240.00 3,925.00 6,240.00 5,365.00 5,399.73 5,480.73 5,562.94 5,646.38 .00 5,646.38 5,646.38 .00 David R. Galloway Attorney I.D. No. 87326 WALTERS & GALLOWAY, PLLC 54 E. Main Street Mechanicsburg, PA 17055 Telephone: (717) 697-4650 114 UM 20 PM 2: :'LIMBERLi riJ UOUN T PENNSYLVANIA Counsel for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DICKINSON COLLEGE, Plaintiff v. ALEXANDER W. AHRENS, Defendant CIVIL ACTION—LAW DOCKET NO. 14-2952 CERTIFICATE OF SERVICE I, David R. Galloway, certify I served a copy of the Complaint on this date, upon Defendant by first-class mail, postage pre -paid, addressed as follows: Date: November 18, 2014 Alexander W. Ahrens 41 Lanthorne Rd Monroe, CT 06468-1728 Respectfully submitted, WALTERS & GALLOWAY, PLLC By: David R. Gal oway Counsel for Plaintiff