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HomeMy WebLinkAbout14-3757 Supreme CouA70 .Pennsylvania COUI'krQou,�,CONI no leas For Prothonotary Use Only: , CIVIC COVef�Sheet Docket No: s ty� Cumberland') County The infarnaation collected on this form is used solely,for court administration purposes. This form does not supplement or-replace the filing and service ofpleodings or other papers as required by law or rules of coca-t. Commencement of Action: S X, Complaint 0 Writ of Summons Petition E Q Transfer from Another Jurisdiction 0 Declaration of Taking C Lead Plaintiff s Name: Lead Defendant's Name: T Dickinson College Adekunle Adeyemo I Are money damages requested? D Yes 0 No Dollar Amount Requested: Elwithin arbitration limits (check one) Doutside arbitration limits N Is this a Class Action Suit? 0 Yes El No Is this an MDJAppeal? D Yes 0 No A Name of Plaintiff/Appellant's Attorney: Christopher E. Rice, Esquire/Martson Law Offices El Check Isere if you have no attorney(are a Self-Represented (Pro Sel I..itigant) 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 El Intentional M Buyer Plaintiff Administrative Agencies El Malicious Prosecution M Debt Collection: Credit Card 0 Board of Assessment E] Motor Vehicle E] Debt Collection: Other 0 Board of Elections 0 Nuisance Unpaid loans 0 Dept. of Transportation F1 Premises Liability Q Statutory Appeal: Other S Q Product Liability (does not include E mass tort) � Employment Dispute: Q Slander/Libel/Defamation Discrimination C D Other: ❑� Employment Dispute: Other 0 Zoning Board T Q Other: I Q Other: O MASS TORT 0 Asbestos N E] Tobacco O Toxic Tort-DES 0 Toxic Tort-Implant REAL PROPERTY MISCELLANEOUS E] Toxic Waste 0 Ejectment E] Common Law/Statutory Arbitration B 0 Other: Eminent Domain/Condemnation Declaratory Judgment I Ground Rent Mandamus M Landlord/Tenant Dispute 0 Non-Domestic Relations M Mortgage Foreclosure: Residential Restraining Order PROFESSIONAL LIABLITY 0 Mortgage Foreclosure: Commercial ❑Quo Warranto El Dental ❑- Partition El Replevin Q Legal ! Quiet Title El Other: 0 Medical 0 Other: 0 Other Professional: Updated 1/1/2011 r ' FABLES\Clients\7619 Dickinson College\7619.Collections\7619C.Current\7619C.405 Adeyemo\7619C.405.com.2.wpd Christopher E. Rice, Esquire Attorney I.D. No. 90916 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER1' MARTSON LAW OFFICES 24 PH ry Ten East High Street Carlisle PA 17013 timed LRLAijD j ' �'Eld"d5 CO (717) 243-3341 YL�,/AF,,,AI Attorneys for Plaintiff DICKINSON COLLEGE, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2014 - 3 CIVIL TERM ADEKUNLE ADEYEMO, 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 judgment may be entered against you by the court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiffs. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCE FEE OR NO FEE: Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 FAFILES\Clients\7619 Dickinson College\7619.Collections\7619C.Current\7619C.405 Adeyemo\7619C.405.cotn.2.wpd Christopher E. Rice, Esquire Attorney I.D. No. 90916 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff DICKINSON COLLEGE, : IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2014 - CIVIL TERM ADEKUNLE ADEYEMO, Defendant 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 Adekunle Adeyemo(hereinafter"Student") is an adult individual whose last known address is 620 John Paul Jones Circle, Portsmouth, Virginia 23708. COUNT 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. 7. Student received and accepted all goods and services provided by Dickinson and thereby agreed to payment for said goods and services. 8. The terms of repayment required Student to pay all balances fourteen(14)days before the beginning of each semester. 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. The total amount which is immediately due and payable to Dickinson by Student on the Account is $3,521.59. WHEREFORE,Plaintiff Dickinson College demands judgment against Defendant Adekunle Adeyemo in the sum of$3,521.59,plus late fees, costs of suit 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 Adekunle Adeyemo 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 $3,521.59. 17. Dickinson demanded payment of the above sums but Student failed and refused to do so. WHEREFORE,Plaintiff Dickinson College demands judgment against Defendant Adekunle Adeyemo in the sum of$3,521.59 until his obligation is paid in full,plus late fees, costs of suit and interest from date of judgment. MARTSON LAW OFFICES By: (/4 l 5- '/� Christopher E. Rice, Esquire I. D. Number 90916 10 East High Street Carlisle, PA 17013 (717) 243-3341 Date: 61a4l/ Attorneys for Plaintiff This is a debt collecting firm attempting to collect a debt for Dickinson College. Any information obtained will be used for that purpose. EXHIBIT "A" ACCOUNT STATUS REPORT Only Returned Accounts. DICKINSON COLLEGE 12-Feb-14 P.O.BOX 1773 Client#f DCKN -R CARLISLE,PA 17013 Attn.DIANNE POWERS - - YOUR MASTER TURNOVER ORIGINAL CURRENT COLLECTED ACCOUNT NUMBER NUMBER NAME DATE BALANCE BALANCE TO'DATE REMARKS 900124991 182947 ADEYEMO,ADEKUNLE 10/6/2009 $ 5,721.59 $ 3,521.59 $ 2,200.00 ' VERIFICATION I, SALLA' HECKENDORN, 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 I have given to my counsel,it is true and correct and to the best of my knowledge,information and belief. To the extent that the content of this Complaint is that of counsel, I have relied upon counsel in making this Verification. This statement and Verification are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities, which provides that if I knowingly make false averments, I may be subject to criminal penalties. Dickinson College Sally Heckendorn Dated: F9FILES\Clients\7619 Dickinson College\7619.Collections\7619C.Cuaent\7619C.405 Adeyemo\7619C.405.com.2.wpd F: WILES \Clients\ 7619 Dickinson College\ 76 9.Collections 7619C.Current \7619C.405 Acleyemo 7619C.405.pra.reinstate r31LED-OFFiC Christopher E. Rice, Esquire (i!i' THE PROIHONOTAR Attorney I.D. No. 90916 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER 2011i AUG 13 PM 3: 3 MARTSON LAW OFFICES CUMBERLAND COUNTY Ten East High Street PENNSYLVANIA Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff DICKINSON COLLEGE, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 2014 - 3757 ADEKUNLE ADEYEMO, : CIVIL ACTION - LAW Defendant PRAECIPE To the Prothonotary: Please reinstate the Complaint in the above -referenced matter. Date: MARTSON LAW OFFICES By: Christopher E. Rice, Esquire I.D. Number 90916 Ten East High Street Carlisle, PA 17013-3093 (717) 243-3341 Attorneys for Plaintiff THIS IS A DEBT COLLECTING FIRM ATTEMPTING TO COLLECT A DEBT FOR DICKINSON COLLEGE. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 7 a4 tr 1. 5 I, V 3 Ath 3.0F7g3 F:\FILES\Clients\7619 Dickinson College \7619.Collections\7619C.Current\7619C.405 Adeyemo\7619C,405.affidavit.service.wpd S- F▪ W Christopher E. Rice, Esquire z 2 Attorney I.D. No. 90916 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLERr— MARTSON LAW OFFICES z c Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff w N DICKINSON COLLEGE, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 2014-3757 ADEKUNLE ADEYEMO, : CIVIL ACTION - LAW Defendant PROOF OF SERVICE To the Prothonotary: Attached is the Affidavit of Service signed by Deputy W. Neal of the Portsmouth, Virginia Sheriff's Office indicating Defendant was served with the Complaint on August 26, 2014. Date: 9c,t_ �1 MARTSON LAW OFFICES By: Christopher E. Rice, Esquire I.D. Number 90916 Ten East High Street Carlisle, PA 17013-3093 (717) 243-3341 Attorneys for Plaintiff This is a debt collecting firm attempting to collect a debt for Dickinson College. Any information obtained will be used for that purpose. s QEstablioheb 1752 TO ill Vahan, Oberiff (City of 'I~ ortmnoutb, Virginias V artfOmouti'Tjeriff'14 ffice 701 QCratufarb'treet flart9mauti, Virginia 23704-3888 Court: Cumberland County Court of Common Pleas Docket#: 2012-3358 Matter of: Dickinson College V. Adekunle Adevemo (757) 393 -5461 lax: (757) 393-5295 I declare that I am a citizen of the United States, over the age of eighteen and not a party to this action, and within the boundaries of the State of Virginia where service was executed; 1 am authorized by law to perform said service. I personally served Adekunle Adeyemo with a Complaint at his or her place of employment/ residence, which is 620 John Paul Jones Circle located within the City of Portsmouth, Virginia. Adekunle Adeyemo accepted the above document(s) on the 26th day of August, 2014 at 1133 hours. ************.i,+K% ****:t****:*********M**%k****%k%f****#NF****ski*********** k************** *** I declare under the penalty of perjury that the information contained herein is true and correct and this affidavit was executed on the 27`1' day of August, 2014 within the City of Portsmouth, Virginia. State of Virginia, City of Portsmouth: Subscribed and sworn to before me, a notary public, on 27th day of August, 2014. My commission expires February 28, 2017. Deputy W. Neal 1 was commissioned a notary pu 1ic as Kristeen M. Claudio Notary Public Signature - Registration Number 7525569 ti CERTIFICATE OF SERVICE I, Mary M. Price, an authorized agent of MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER, hereby certify that a copy of the foregoing Proof of Service was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Adekunle Adeyemo 620 John Paul Jones Circle Portsmouth, VA 23708 MARTSON LAW OFFICES By Dated: ?gr. M, ryii' . Price 10 E. t High Street Carlisle, PA 17013 This is a debt collecting firm for Dickinson College attempting to collect a debt. Any information obtained will be used for that purpose.