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Home My WebLink About06-3558Pa\MLES\DATAPILE\DickimonColla6e9619\Collectiom\Curt tU40\wnTlaint Created'. 3/5/03 2.23'.29 PM Re,wd'. 5/1&06 1'.15:5] PM Christopher E. Rice, Esquire MARTSON DEARDORFF WILLIAMS & OTTO I.D. 90916 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attornevs for Plaintiff DICKINSON COLLEGE, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. JAMES K. CAGE, III, Defendant NO.06- CIVIL ACTION-LAW JURY TRIAL OF TWELVE DEMANDED NOTICE You have been sued in court. Ifyou wish to defend against the claims set forth in the following pages, you must take actionwithintwenty (20) days after this Complaint andNotice 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 maybe entered against youby the court without further notice for any money claimed in the Complaint or for any other claim orreliefrequestedbythe Plaintiffs. Youmay 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 DICKINSON COLLEGE, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 06- 3s'3 8 l?u i Ta M- CIVIL ACTION-LAW JAMES K. CAGE, III, 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: PlaintiMckinson College(hereinafter"Dickinson') is aPennsylvania educational institution with its principal offices located in Carlisle, Cumberland County, Pennsylvania. 2. Defendant James K. Cage, III, (hereinafter "Student") is an adult individual whose last known address is Gettysburg College, P.O. Box 1563, Gettysburg, PA 17325. COUNTI 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 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 ofrepayment required Student to pay all balances 14 (fourteen) days before the beginning of each semester. 9. Student defaulted on the repayment ofthe Account bynot paying the balance when due. 10. Notices were forwarded to Student informing him ofhis 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 Three Thousand Nine Hundred Eighty Dollars and 00/100 ($3,980.00). WHEREFORE, PlaintiffDickinson College demands judgment against Defendant James K. Cage, III, in the sum ofThree Thousand Nine Hundred Eighty Dollars and 00/100 ($3,980.00), plus late fees, costs of suit, attorneys' 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 James K. Cage, M, 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 moneyto 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 bywhich Student has become enriched is Three ThousandNine Hundred Eighty Dollars and 00/100 ($3,980.00). 17. Dickinson demandedpayment ofthe above sums but Student failed and refused to do so. WHEREFORE, Plaintifl'Dickinson College demands judgment againstDefendant James K. Cage, III, inthe sum ofThree ThousandNine Hundred Eighty Dollars and 00/100 ($3,980.00), until James K. Cage's obligation is paid in full, plus late fees, costs of suit, attorneys' fees and collection costs, and interest from date of judgment. Date: ?Iwa I, X4 MARTSON DEARDORFF WILLIAMS & OTTO Christopher E. Rice, Esquire I. D. Number 90916 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff This a debt collecting fine. Any information obtain will be used for that purpose. O O O 0 0 o ? 1M N N J J ? z N N i O tp ? I m J I o w I 0 0010 J J J I w \ \\ I rt 0 oolN to to to I O OO In Wln 0000 11-3 IP IP In IP 1 (n?NN I ? N N N N 0 0 n Y Y to Y Y I Q, Ia G::zr r 0 MIN rrrr- rt I N rtRRR ip oooo11 n wlr 7G??HI10 alit (ll(nNNO I r matnm0 I O I-INHNN I 'i] H H 0 I Y Y p 1 n1 n'N w r 1 o a G G H H H d I N N (D M MI 1 I I Y Y ?n P l0 0 w 0 0 . Lo p 0 0 oIm O O OIa i ro n Im of wa I r-y OIRR OINK h I w Y O I 0 0 CIO a Ip 0 0 0I0 0 0 0i0 p p G 7 rt x O a a H c) a aa?c XN RR• \O KKG 4w In m 0) p b r 9 ( m G G (D fD ?ww N - ?x x roo y"n n Ha a OLD to rQ fD a JNH H W H H N0 H O x Y In w 0 w o a r N R ? N R O R ro 0 K R m O N o \ O Y W RR w 0 Gw a r [1R i{ O mm ?ro?' rtN aO7 (D00 R O N XO m° yYn w JO Y J H wo JwN -O - w 00 W IT N? rt EXHIBIT "A" VERIFICATION I, THOMAS MEYER, Bursar of Dickinson College, acknowledge that I have the authority to execute this Verification onbehalfofDickinson College and certifythat the foregoing Complaint is based upon information which has been gathered by my counsel in the preparation ofthis lawsuit. Thelanguage 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 ofmyknowledge, information and belief. To the extent that the content ofthis Complaint is that ofcounsel, 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 unworn falsification to authorities, which provides that if I knowingly make false averments, I may be subject to criminal penalties. Dickinson College Thomas Meyer Bursar Dated: pAdtdI, a CNO F:\FILES\DATA MEUXckiwnCollege9619\Collectiome Cuv tU40komplxint C ?) l?1 T- T IJ E\\AG vro F:\FILES\DATAFILE\DickinsonCollege7619\Collections\Current\340\340. pra. rein Created: 315103 2:23:29 PM Revised: 12/27/06 2:23:09 PM Christopher E. Rice, Esquire MARTSON DEARDORFF WILLIAMS & OTTO I.D. 90916 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. JAMES K. CAGE, III, Defendant TO THE PROTHONOTARY: NO. 06-3558 CIVIL TERM CIVIL ACTION-LAW : JURY TRIAL OF TWELVE DEMANDED PRAECIPE Please reinstate the Complaint in the above-captioned matter. MARTSON DEARDORFF WILLIAMS & OTTO Christopher E. Rice, Esquire I. D. Number 90916 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Date: Attorneys for Plaintiff C ? Ol ' _. T3 4? --I 'z t ?i .l? F: \FILES\Clients\DickinsonCollege7619\Collections\C urrent\340\340. pra. rein Created: 3/5/03 2:23:29 PM Revised: 10/29/07 11:57:53 AM Christopher E. Rice, Esquire MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES I.D. 90916 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. JAMES K. CAGE, III, Defendant TO THE PROTHONOTARY: NO. 06-3558 CIVIL TERM CIVIL ACTION-LAW : JURY TRIAL OF TWELVE DEMANDED PRAECIPE Please reinstate the Complaint in the above-captioned matter. MARTSON LAW OFFICES By C?? l /C- Christopher E. Rice, Esquire I. D. Number 90916 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Date: l e_ Z f, (7 Attorneys for Plaintiff q T? 44 b Cs' s 41 -41 C =s r--l) C?7 r'a C s t F: \FILES\Clients\DickinsonCollege7619\Collections\Current\340\7619C.340. aff. s ervice Created: 3/5/03 2:23:29 PM Revised: 11/26/07 11:36:33 AM Christopher E. Rice, Esquire MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES I.D. 90916 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. 06-3558 CIVIL TERM CIVIL ACTION-LAW JAMES K. CAGE, III, Defendant JURY TRIAL OF TWELVE DEMANDED AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA ) SS. COUNTY OF CUMBERLAND ) I hereby certify that a copy of the Complaint in the above captioned matter was mailed to Mr. James K. Cage, III, 5143 Marseilles Drive, Apt. A, North Charleston, South Carolina 29418, by certified mail, restricted delivery, return receipt requested. Attached is the Post Office return receipt signed by James K. Cage, III, and dated November 5, 2007 with attached receipt of costs in the amount of $9.48. MARTSON LAW OFFICES By i?IZ 4'e S 1r --- Christopher E. Rice, Esquire Attorney I.D. No. 90916 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Sworn to and subscriied before me this C?9Zk day of November, 2007. '?! , Q?_? - N a Public COMMONWEALTH OF PENNSYLVANIA Notarial Seal Mary M. Price, Notary Public Carpels Sm, f wte land Cw* My Ca,rafton Ex Aug, A 2011 Member, Pennsoven18 A%%WsWm of Nol 40 ¦ 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 mailpiece, or on the front if space permits. 1. Arti ressed to; i 4A ? Agent ? Addressee B(Prtn ) C. Date of Delivery 1r/?- D. Is delivery address different from item 1? ? Yes If YES, enter delivery address below: ? No 3. ce Type rtifled Mail ? Express Mail Registered ? Return Receipt for Merchandise ? Insured Mail ? C.O.D. 4. Fba heed DelhrW fflkftF4* wjllll? 2. Nods Number M&Wfa?tro?rt SWVAM &W 7006 0810 00,00,..7873 9576 PS Form 3811, February 2004 Domestic Rehim Receipt 1102595-02-W1540 -0 CERTIFIED IVIAIL:.? RECEIPT u-) (Domestic Mail Only; No Insurance Coverage Provided) 0? For delivery information visit our website at www.usps.comq) M I tti ILI. ,, Vu" Postage $ ? 1,2 C3 Certified Fee ?. . Q Return ReoeiptFee $?. iS ere (Endorsement Required) C3 Restricted Delivery Fee 14.10 r1 (Endorsement Required) C3 Total Postage & Fees $ $9.48 11/02/2007- 0 JAA C3 Sent T O t r' Stioet .4 Apt. No.; --- ---°--- -- =-=Y --; -4 -------------- PO Box No. City, State, Z/P+4 ----- e------ -- -->-- - --_- Sc PS Fomi 3800 June 2002 C';) "`?? „ `?'-' ? ? ..:"? ? ?,'?ryr ??? ?f f ?`U ??'=3 ,?-- ?+ ° ' ?1;: _,_.. ?a? ?r? ? t e ? ?? ? Christopher E. Rice, Esquire MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES I.D. 90916 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attornevs for Plaintiff DICKINSON COLLEGE, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 06-3558 CIVIL TERM CIVIL ACTION-LAW JAMES K. CAGE, III, Defendant JURY TRIAL OF TWELVE DEMANDED TO: JAMES K. CAGE, III, DEFENDANT NOTICE OF ENTRY OF DEFAULT JUDGMENT You are hereby notified that on J-E ; 2 ( , 2008, the following Judgment was entered against you in the above-captioned case: Judgment in the amount of $3,980.00, plus late fees, costs of suit, attorneys' fees and collections, and interest from date of judgment as per the Complaint for Defendant's failure to file an answer to the Complaint. Date: Cl/al line Prot onotary I hereby certify that the name and address of the proper person to receive this notice under Pa. R. Civ. P. 236 is: James K. Cage, III 5143 Marseilles Drive, Apt. A North Charleston, SC 29418 F:\FILES\Clients\DickinsonCollege7619\Collections\CwrcntU40\7619C.340. pra. default Created: 3/5/03 2:23:29 PM Revised: 2/20/09 11:57:27 AM Christopher E. Rice, Esquire MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES I.D. 90916 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. 06-3558 CIVIL TERM CIVIL ACTION-LAW JAMES K. CAGE, III, : 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 James K. Cage, III, in the amount of $3,980.00, plus late fees, costs of suit, attorney's fees and collection costs, and interest from date of judgment as per the Complaint for Defendant's failure to file an answer to the Complaint. I do hereby certify that a written notice of intention to file this Praecipe was mailed to the Defendant at the address indicated thereon, on November 27, 2007, which date was subsequent to the date default occurred and at least ten (10) days prior to the date of the Praecipe. MARTSON LAW OFFICES By Christopher E. Rice, Esquire I.D. Number 90916 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff Dated: ') )_0 - 0 g w ' F.IFILESThents\ DickinsonCollege7619'.Collections. _nP.34017619C.340.10daynotice Created: 315103 2.23.29 PM Revised: 11/26107 11 42:04 AM Christopher E. Rice, Esquire MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES I.D. 90916 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attornevs for Plaintiff DICKINSON COLLEGE, : IN THE COURT OF COMMON PLEAS OF Plaintiff V. JAMES K. CAGE, III, Defendant CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-3558 CIVIL TERM CIVIL ACTION-LAW : JURY TRIAL OF TWELVE DEMANDED IMPORTANT NOTICE TO: James K. Cage, III 5143 Marseilles Drive, Apt. A., North Charleston, SC 29418 DATE OF NOTICE: November 27, 2007 YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITTEN WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. This a debt collecting firm attempting to collect a debt. Any information obtained will be used for that purpose. Cumberland County Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 Telephone:(717) 249-3166 MARTSON LAW OFFICES By Christopher E. Rice, Esquire Attorneys for Plaintiff r? 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 Praecipe was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Mr. James K. Cage, III 5143 Marseilles Drive, Apt. A North Charleston, SC 29418 MARTSON LAW OFFICES By A, Gu)? M . Price Ten st High Street Carlisle, PA 17013 (717) 243-3341 Dated: , lcl-?- * THIS IS A DEBT COLLECTING FIRM ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. `-z w n -*? - Ti 7-0