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HomeMy WebLinkAbout14-5516 Supreme C. Y n nsylvania Cour mo leas For Prothonotary Use Only. r r�,� t r � Docket No: STS CU L `N 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 bylaw or rules of court. Commencement of Action: S X' Complaint ® Writ of Summons 0 Petition ® Transfer from Another Jurisdiction ® Declaration of Taking E C Lead Plaintiff's Name: Lead Defendant's Name: Dickinson College Bryan C. Burton T I Dollar Amount Requested: Ewithin arbitration limits Are money damages requested? Yes ® No (check one) ®outside arbitration limits O N Is this a Class Action Suit? 0 Yes 0 No Is this an MDJAppeal? 0 Yes 0 No A Name of Plaintiff/Appellant's Attorney: David R. Galloway, Esquire 0 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 Intentional ® Buyer Plaintiff Administrative Agencies Malicious Prosecution 0 Debt Collection:Credit Card 0 Board of Assessment 0 Motor Vehicle IM Debt Collection:Other 0 Board of Elections 0 Nuisance 0 Dept.of Transportation S 0 Premises Liability 0 Statutory Appeal: Other Product Liability(does not include Employment Dispute: E mass tort) 13 © Slander/Libel/Defamation Discrimination C 0 Other: Employment Dispute: Other ® Zoning Board I T Other: I xi Other: j O MASS TORT i 0 Asbestos N 0 Tobacco 0 Toxic Tort-DES 0 Toxic Tort-Implant Toxic Waste REAL PROPERTY MISCELLANEOUS 0 0 Other: 0 Ejectment 0 Common Law/Statutory Arbitration B 0 Eminent Domain/Condemnation 0 Declaratory Judgment E3 Ground Rent n Mandamus 0 Landlord/Tenant Dispute LJ Non-Domestic Relations 0 Mortgage Foreclosure:Residential Restraining Order PROFESSIONAL LIABLITY 0 Mortgage Foreclosure:Commercial 0 Quo Warranto 0 Dental 0 Partition 0 Replevin 0 Legal ® Quiet Title 0 Other: 0 Medical 0 Other: 0 Other Professional: Updated 1/1/2011 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, CUMBERLAND COUNTY, PENNS)ff ... ANI�1 DICKINSON COLLEGE, Plaintiff, ) CIVIL ACTION--LAWV. DOCKET NO:-- ��-S I to ' ' 17V BRYAN C. BURTON, Defendant, ) JURY TRIAL OF TWELVE DEMANDED 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 r#57s�d /o.� 31114 Dickinson/Burton,Bryan 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, CUMBERLAND COUNTY, PENNSYLVANIA DICKINSON COLLEGE, ) Plaintiff ) CIVIL ACTION-LAW V. ) _ DOCKET NO: lq- BRYAN C. BURTON, ) 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, Bryan C. Burton (hereinafter "Student") is an adult individual whose last known address is 2312 Logan Street, Camp Hill, PA 17011. 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." Dickinson/Burton,Bryan 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 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. The total amount which is immediately due and payable to Dickinson by Student on the Account is $8,954.79. WHEREFORE, Dickinson demands judgment against Student in the sum of$8,954.79, plus late fees, costs of suit, attorney's fees and collection costs, and interest from date of judgment. COUNT II IN QUANTUM MER UIT In the alternative, if this Honorable Court should determine that an express contract between Dickinson and Student 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 for which Student has become enriched is $8,954.79. 17. Dickinson demanded payment of the above sums but Student failed and refused to do so. Dickinson/Burton,Bryan WHEREFORE, Dickinson demands judgment against Student in the sum of$8,954.79, until Student's obligation is paid in full,plus late fees, costs of suit, attorney's fees and collection costs, and interest from date of judgment. Respectfully Submitted, WALT &GA WAY, PLLC By: David R. Galloway Counsel for Plaintiff Dickinson/Burton,Bryan EXHIBIT A Dickinson/Burton,Bryan 09-SEP-2014 09:5b-5o PJ' v�p ALL TERMS Transaction SummarYReport TSRTSUM Burton, Bryan C 900214596 DETL Description RECEIPT S EFF DATE TERM CHARGE PAYMENT BALANCE T362 Tuition SSI R 07-JUN-2011 201160 4,804.00 4,804.00 TRAN:i TPAY. ID:SHOEMAKE T302 Tuition SSI R 08-JUN-2011 201160 2,402.00 2,402.00 TRAN:2 TPAY: ID:GOLEMBEM T302 Tuition SSI R 09-JUN-2811 201160 2,402.00 Qfl TRAN:3 TPAY: ID:GOLEMBEM T302 Tuition SSI R 09-JUN-2011 201160 2,402.00 2,402.00 TRAN:4 TPAY: ID:SHOEMAKE T302 Tuition SSI R 09-JUN-2011 201160 2,402.00 4,604.00 TRAN:5 TPAY: ID:SHOEMAKE T302 Tuition SSI R 10-JUN-2011 201160 -2,402.00 2,402.00 TRAN:6 TPAY: ID:BDLEND T302 Tuition SSI R 13-JUN-2011 201160 2,402.00 4,804.00 TRAN:7 TPAY: ID:SHDEMAKE C300 ck 0000007002 T 17-JUN-2011 201160 4,804,00 .00 TRAN:BTPAY; ID:MILLEAMY T161 Continuing Education Fall:PETERSOD R 01-SEP-2011 201170 5,330.00 5,330.00 TRAN:9 TPAY: M110 Library overdue Charge T 21-SEP-2011 201170 35.00 5,365.00 TRAN10 TPAY: ID:POWERSD .0300 ck 0000007013 T 23-SEP-2011 201170 1,000.00 4,365.00 TRAN;11 TPAY: ID:MILLEAMY 0300 ck 0000007014 T 03-OCT-2011 201170 11000.00 3,365.00 ;TRAN:12 TPAY: ID:MILLEAMY M111 Library Lost/Damage Book Chg T 20-OCT-2011 201170 2.00 3,367.00 TRAN:13 TPAY: ID:POWERSD 302 Finance Charge L 01-NOV-2011 201170 50.48 3,417,48 N:14 TPAY: ID:POWERSD 00 ck 0800007818 T 10-NOV-2011 201170 3,200.00 217,48 N:15 TPAY: ID:MILLEAMY ***CONTINUED ON NEXT PAGE***** ALL Transaction Summary Report TSRTSUM Burton, Bryan C 900214596 *****CONTINUED FROM PREVIOUS PAGE***** DETL Description RECEIPT 5 EFF DATE TERM CHARGE PAYMENT BALANCE M111 Library Lost/Damage Book Chg T 15-NOV-2011 201170 -2.00 215.48 TRAN;16 TPAY: IO:POWERSD M110 Library Overdue Charge T 15-NOV-2011 201170 2.00 217,46 TRAN:17 TPAY: ID:POWERSD M119 Library Overdue Charge T 21-NOV-2011 201170 14.00 231.48 TRAN:18 TPAY: ID:POWERSD M102 Finance Charge L 30-NOV-2011 201170 3.23 234.71 TRAN:19 TPAY: ID:POWERSD 0380 ck# 0000007022 T 15-DEC-2011 281220 130.00 104.71 TRAN:20 TPAY; ID:POWERSD M116 Library Overdue Charge T 20-DEC-2011 201220 16.00 120.71 TRAN:21 TPAY: ID:POWERSD T162 Continuing Education Spring R 30-JAN-2012 201220 5,330.00 5,450.71 TRAN:22 TPAY: ID:SHOEMAKE M102 Finance Charge L 62-FEB-2012 201220 1.81 5,452.52 TRAN:23 TPAY: ID:POWERSD M102 Finance Charge L 05-MAR-2012 201220 81.79 5,534.31 TRAN:24 TPAY: ID:POWERSD M110 Library Overdue Charge T 21-MAR-2012 201220 175.00 5,789.31 TRAN:25 TPAY: ID:POWERSD M102•.Finance Charge . L 03-APR-2012 201220 83.01 5,792.32 TRAN:26 TPAY: ID:POWERSD M102 Finance Charge L 01-MAY-2012 201260 86.88 5,879.20 TRAN:27 TPAY: ID:POWERSD M130 Library Overdue Charge T 21-MAY-2012 201220 126.00 6,005.20 TRAN:28 TPAY: ID:POWERSD M102 Finance Charge L 05-JUN-2012 201260 88.19 6,093.39 TRAN:29 TPAY: ID:POWERSD M113 Library Replacement Costs T 21-JUN-2012 201260 70.00 6,163.39 TRAN:30 TPAY: ID:HIPPENSM *****CONTINUED ON NEXT PAGE***** uy str zutgrau:ab xrr ----- -- urcKinson co«ege_ _ _ _ _ — �bt 3 ALL TERMS Transaction Summary Report TSRTSUM Burton, Bryan C 900214596 *****CONTINUED FROM PREVIOUS PAGE***** DETL Description RECEIPT S EFF DATE TERM CHARGE PAYMENT BALANCE M182 Finance Charge L 02-JUL-2012 201260 91.40 6,254.79 TRAN:31 TPAY: ID:POWERSD MBDW Bad Debt Write Off T 30-AUG-2812 201260 6,254.79 .00 TRAN:32 TPAY: ID:POWERSD M113 Library Replacement Costs T 23-OCT-2012 201270 2,700.00 2,700.00 TRAN:33 TPAY: ID:POWERSD M102 Finance Charge L 03-DEC-2012 201270 40.50 2,748.50 TRAN:34 TPAY: ID:POWERSD M102 Finance Charge L 05-FEB-2013 201320 41.11 2,781.61 TRAN:35 TPAY: ID:POWERSD M102 Finance Charge rev T 13-FEB-2013 201320 -81.61 2,700.00 TRAN:36 TPAY: ID:POWERSD MBDW Bad Debt Write Off rev T 13-FEB-2813 201260 -6,254.79 8,954.79 TRAN:37 TPAY: ID:POWERSD MBDW Bad Debt Write Off correct T 13-FEB-2813 201260 8,954.79 .00 TRAN:38 TPAY: ID:POWERSD TOTAL: 19,088.79 19,088.79 .08 Balance Due: .00 Future Due: .00 Account Balance: .00 NSF Count: 0 .- 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. Dater Sally Hecke orn Bursar Dickinson/Burton,Bryan Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY r. 1-3R0 tp C11111 • g ,f'••••k OF ECE QP • THE 4`44,ERIFF TH SEP 30 PM 3: 14? CUI1BERLAD COUIff PENNSYLVANIA Dickinson College vs. Bryan C Burton Case Number 2014-5516 SHERIFF'S RETURN OF SERVICE 09/19/2014 08:09 PM - Deputy Jason Kinsler, being duly sworn according to law, served the requested Complaint & Notice by "personally" handing a true copy to a person representing themselves to be the Defendant, to wit: Bryan C Burton at 2312 Logan Street, Camp Hill Borough, Camp Hill, PA 17011. ON KINSLER, D PUTY SHERIFF COST: $45.44 SO ANSWERS, September 22, 2014 (c) CounlySuite Shcniff, Teleosoft, inc. RONNfY R ANDERSON, SHERIFF Bryan Burton 2323 North 23rd Street Camp Hill, PA 17011 717-614-5742 .-FIL'ED-OFFICE riE THE PRO THONO TAR Y .2014 OCT -9 PH 2: 'fl CUMBERLAND COUNTY PENNSYLVANIA, IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA DICKINSON COLLEGE, Plaintiff V. BRYAN C. BURTON, Defendant ) CIVIL ACTION - LAW ) DOCKET NO: 14-5516 ) )JURY TRIAL DEMANDED DEFENDANT'S ANSWER TO COMPLAINT AND NOW, comes Defendant, Bryan Burton and files this Answer to Complaint as follows: 1. Admit 2. Admit COUNT I BREACH OF CONTRACT 3. Admit 4. Admit 5. Denied: Responding Party never open any such "account". 6. Denied: Responding Party never agreed to pay any charges other than for tuition. 7. Denied: Responding Party did not receive or accept all goods and services provided by Dickinson. Responding party was denied due process with respect to the completion of courses as afforded by the American's With Disabilities Act despite the Respondent's efforts to do so. 8. Denied: Responding Party has not graduated. 9. Denied: Responding Party has made multiple payments. 10. Denied: Responding Party received no communication from Dickinson with the intent to cure the problem. 11. Denied: Responding Party's correspondence with Dickinson to cure the problem were rejected or ignored. 12. Denied: The total amount which is due by the Responding Party upon satisfaction of due process according to the American's with Disabilities Act is $5,330.00. COUNT II IN QUANTUM MERUIT 13. Admit 14. Denied: Responding Party never entered into any type of "loan agreement" with Dickinson. 15. Denied: Responding Party was never unjustly enriched by Dickinson. Respondent has been injured by not receiving grade reports, the withholding of due process according to the American's with Disabilities Act and the deactivation of said's email account while the matter was pending. 16. Denied: Responding Party maintains that no enrichment of any kind has taken place. 17. Denied: Responding Party made attempts to remedy the situation with the College which were ignored. WHEREFORE, Responding Party has agreed in settlement negotiations to pay the correct amount of $5,330.00 plus a reasonable fine upon Dickinson's performance of due process in accordance with the American's with Disabilities Act. Responding Party demands the original complaint be dismissed by the court. Respectfully Submitted, Bryan C. Burton Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DICKINSON COLLEGE, Plaintiff VS BRYAN C. BURTON Defendant RULE 1312-1 following form: N0.14-5516 CIVIL T The Petition for Appointment of Arbitrators shall be substantially THE PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: DAVID R. GALLOWAY , counsel for the plaintiff/d in the above C-bC4tr 3 4.? action (or actions), respectfully represents that: I. The above -captioned action (or actions) is (are) at issue. I 3/3757 2. The claim of plaintiff in the action is $ 8,954.79 The counterclaim of the defendant in the action is rsa 01-11-3 The following attorneys are interested in the case(s) as counsel or are otherwise disqualified to sit as arbitrators: WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. Respectfully submitted, AND NOW, , 20 in consideration of the foregoing petition, Esq., and Esq., and Esq., are appointed arbitrators in the above captioned action (or actions) as prayed for. By the Court, KEVIN A. HESS, P.J. 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 OF CUMBERLAND COUNTY, PENNMVANI&H:!--i-f > , DICKINSON COLLEGE, ) Plaintiff v. BRYAN C. BURTON, Defendant ) ) ) ) ) ) (-J1 CIVIL ACTION—LAW DOCKET NO. 14-5516 CIVIL TERM CERTIFICATE OF SERVICE I, David R. Galloway, certify I served a copy of the Petition for Appointment of Arbitrators on this date, upon Defendant by first-class mail, postage pre -paid, addressed as follows: Date: November le) , 2014 Bryan C. Burton 2323 North 23rd St Camp Hill, PA 17011 Respectfiully submitted, By: David R. Gallow Counsel for Pia ti & GALLOWAY, PLLC IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DICKINSON COLLEGE, Plaintiff . NO. 14-5516 CIVIL TEMP VS 7:.±.. � . rrt cz rr BRYAN C. BURTON (At - Defendant rte' RULE 1312-1 The Petition for Appointment of Arbitrators shall be substantially > following form: 01 CD N) THE PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: DAVID R. GALLOWAY , counsel for the plaintiff/dei@i4 action (or actions), respectfully represents that: 1. The above -captioned action (or actions) is (are) at issue. 2. The claim of plaintiff in the action is $ 8,954.79 in the The counterclaim of the defendant in the action is 1 above G1E4tr 3 Gi /2413/3751 The following attorneys are interested in the case(s) as counsel or are otherwise disqualified to sit as arbitrators: C7 WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators co z .T. r— �- > whom the case shall be submitted. Respectfully submitted, ANDDN�NOW, o�V� , 20) , in consideration of the foregoing petition, C / t�ei.4, Esq., and aljkaitd captioned action (or actions) as prayed for. Esq., and E. G . llo, 4,e -s II/La-filed /1/ 6//4/ Esq., are appointed arbitrators in the above s cv C7 cp C• -n r