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Home My WebLink About06-3858F\FILES\DATAFILE\DickinsonCollege7619\Collections\Cummt 1a6\com Creal d'. 315103''3.]9 PM Rc'ised. 6!8106 3.]7.5? PM Christopher E. Rice, Esquire MARTSON DEARDORFF WILLIAMS & OTTO I.D. No. 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. JOHN J. TUKA, NO. 06- ?MP Ole CIVIL ACTION-LAW Defendant : JURY TRIAL OF TWELVE DEMANDED 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 maybe entered against you by the court without further notice for any money claimed in the Complaint or for any other claim or reliefrequested 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 DICKINSON COLLEGE, Plaintiff V. JOHN J. TUKA, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 06- 3PV elvrEI-7k" CIVIL ACTION-LAW 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: PlaintiffDickinson College (hereinafter "Dickinson') is a Pennsylvania educational institution with its principal offices located in Carlisle, Cumberland County, Pennsylvania. 2. Defendant John J. Tuka, (hereinafter "Student") is an adult individual whose last known address is 229 Idlewild Drive, New Gailee, Beaver County, Pennsylvania 16141. COUNTI BREACH OF CONTRACT 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. 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. 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 ail balances 14 (fourteen) days before the beginning of each semester. 9. Student defaulted on the repayment of the Account bynot 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 Four Thousand sixty-five and 08/100 ($4,065.08) Dollars. WHEREFORE, PlaintiffDickinson College demandsjudgment against Defendant John J. Tuka in the sum of Four Thousand sixty-five and 08/100 ($4,065.08) Dollars, 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 John J. Tuka 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, Studentbecame 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 FourThousand sixty-five and 08/100 ($4,065.08) Dollars. 17. Dickinson demanded payment ofthe above sums but Student failed and refused to do so. WHEREFORE, Plaintiff Dickinson College demands judgment against Defendant John J. Tuka in the sum ofFour Thousand sixty-five and 08/100 ($4,065.08) Dollars, until John J. Tuka's obligation is paid in full, plus late fees, costs of suit, attorneys' fees and collection costs, and interest from date of judgment. Date: 7 3 - o MARTSON DEARDORFF WILLIAMS & OTTO Christopher E. Rice, Esquire Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff This a debt collecting firm. Any information obtain will be used for that purpose. EXHIBIT A O O V V ? W 11 O O O O i M n W IJ N N O N O CD m ? O J Y N VD ?0 rt N S• J O? ? x N O O O 00ib N O? O? Ol N ? a y O O O 00 I N ^{ N N N YN? O O O OO zT1 ?S 3N m Ut to In to i (DOH h N £ D 0000000000 IH J TO?Ili U?UI IIINU?UI Ut m 0 C4 C4? ?\\\\\\\\ ? n wxo 00 00 ?n cnmcn In cn?mmm ? ? ? ?' 7? roroYNYYYYYY ? r?y O Ym i mJC1 ?+ N N O O ? n G C o m m m 'a ro m ? a w ? 'i7 h]HH[T]H.b [?HSb r i d Y rrr{M r? m <Hlp LQ WHW m GGaa a? m Y wwGOmrtwtirtrin ? H l H Y o Mona n onol 1 mm nn Ya k NO F1 N 'o rt rr-Y w o w w r ] rtn, nrn7roO W >Mr m 1 O I rte U to 01 w ww Yom 1d Iti ?o p DIM m m nw p NY mt mmmm O C) n h L4 G r> w H m y m i I N N I Y o + o m I N Y ?n w ? 3 ? m N ? ? ? * o vt o 0 0 G n ?LQ 0 0 0 0 01 m p m m o 0 o O i m rt g m rt p O !* i ro d ro w w nw t rt ( m ( D? o I p.m irp o 0 of rtrt N O ? N fll O \ \ O Y 1 u1 i O O i iP iP lJ N m m D w m o m , Y In m o 0 0 0, w O m 0 0 0 0. n m 0 0 0 0.m m[n rtrt n d Gw w r Rrt tj m mm Yrox 73 r0r rt0 (D 0 (D ixo (D ro mM Yn 4b YW wn Jw(D ONO oY W MG w m wO IT VERIFICATION I, THOMAS MEYER, Bursar of Dickinson College, acknowledge that I have the authorityto execute this Verification onbehalfofDickinson College and certifythat the foregoing Complaint is based upon information which has been gathered by my counsel in the preparation of this lawsuit. The language ofthis Complaint is that ofcounsel 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 unwornfalsificationto authorities, which provides that iflknowinglymake Use averments, I maybe subject to criminal penalties. Dickinson College Thomas Meyer Bursar Dated: E.\FlL ZATAEILEOickinsrn .IleBe7619\Cdkcti..\Curt tV461Co. ? ? ? ? 1 r_? ?....> ", " 1 w ?? ? -{ 8 ? =' ?-? r- ? ` SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2006-03858 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DICKINSON COLLEGE VS TUKA JOHN J R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT TUKA JOHN J but was unable to locate Him deputized the sheriff of BEAVER serve the within COMPLAINT & NOTICE County, Pennsylvania, to On August 29th , 2006 , this office was in receipt of the attached return from BEAVER Sheriff's Costs: So answers- Docketing 18.00 Out of County 9.00 Surcharge 10.00 R. Thomas Kline Dep Beaver County 50.00 Sheriff of Cumberland County Postage 1.02 88.02 r q.2a-oL9- 08/29/2006 MDW&O Sworn and subscribe to before me this day of to wit: in his bailiwick. He therefore A. D. In The Court of Common Pleas of Cumberland County, Pennsylvania Dickinson College vs. C?-1VFL John J. Tuka- F'S OFFICE __-- wuj I P 12: 12 Now, July 11, WOOER ca" , I, SHERIFF OF CUMBERLAND COUNTY, PA, do "rrrt-,; hereby deputize the Sheriff of Beaver County to execute this Writ, this deputation being made at the request and risk of the Plaintiff./ Sheriff of Cumberland County, PA Affidavit of Service Now, within upon at by handing to a and made known to So answers, Sheriff of Sworn and subscribed before me this day of , 20 20 , at o'clock M. served the copy of the original COSTS SERVICE _ MILEAGE _ AFFIDAVIT the contents thereof. County, PA SHERIFF'S RETURN - NOT FOUND 'CASE NO: 2006-03858 T COMMONTWEALTH OF PENNSYLVANIA COUNTY OF BEAVER DICKINSON COLLEGE VS JOHN J TUKA JOSEPH O'SCHE according to law, the within named Deputy Sheriff, who being duly sworn says, that he made a diligent search and inquiry for DEFENDANT , to wit: TUKA JOHN J but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT , NOT FOUND , as to the within named DEFENDANT , TUKA JOHN J 229 IDLEWILD DR NEW GALILEE, PA 16141 DEFT. WAS NOT SERVED/FATHER TOM TUKA CALLED IN THE OFFICE HASN'T SEEN HIM MAYBE LIVING IN GETTXSa-URG ,.-- n nn marc .. S he r i f f s Costs: F Docketing . 00 tell 1 f Service 50.00 Affidavit .00 By: Surcharge .00 .00 bu.uD- Deputy eri ATTORNEY 07/17/2006 Sworn and ubscribed t before me this a? day of u 16 3A.D. NV? o ary NOTARIAL SEAL LUCILLE M. WYTIAZ, NOTARY PUBLIC BOROUGH OF BEAVER, BEAVER COUNTY MY COMMISSION EXPIRES JANUARY 15, 2007 F:\FILES\DATAFILE\DickinsonCollege7619\Collections\Current\346\346. pra. rein Created: 3/5/03 2:23:29 PM Revised: 2/13/07 2:45:26 PM Christopher E. Rice, Esquire MARTSON DEARDORFF WILLIAMS & OTTO I.D. No. 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. 06-3858 CIVIL ACTION-LAW JOHN J. TUKA, Defendant : JURY TRIAL OF TWELVE DEMANDED PRAECIPE To the Prothonotary: Please reinstate the Complaint in the above-captioned matter. MARTSON LAW OFFICES By CZ41?1 ? f L, Christopher E. Rice, Esquire Ten East High Street Carlisle, PA 17013 (717) 243-3341 Date: Attorneys for Plaintiff in N n -0 C F rJ> C? Ct =??Q G w om lp CD " A NOTICE OF ENTRY OF DEFAULT JUDGMENT You are hereby notified that on a,?.?Ji y , 2007, the following Judgment was entered against you in the above-captioned case: Judgment in the amount of $4,065.08, plus costs of suit and interest from date of judgment as per the Complaint for Defendant's failure to file an answer to the Complaint. Date: J Prothon tary I hereby certify that the name and address of the proper person to receive this notice under Pa. R. Civ. P. 236 is: Christopher E. Rice, Esquire MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES I.D. No. 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. 06-3858 CIVIL ACTION-LAW JOHN J. TUKA, Defendant JURY TRIAL OF TWELVE DEMANDED TO: JOHN J. TUKA, DEFENDANT John J. Tuka 68 East Water Street Gettysburg, PA 17325 F:TILE S\DATAFILE\DickinsonCollege7619\Collecti0ns\Current\346\7619C.346.pra.def Created: 3/5/03 2:23:29 PM Revised: 4/4/07 9:8:16 AM Christopher E. Rice, Esquire MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES I.D. No. 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. 06-3858 CIVIL ACTION-LAW JOHN J. TUKA, 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 John J. Tuka, in the amount of $4,065.08, plus late fees costs of suit 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 March 15, 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 K C Christopher E. Rice, Esquire I.D. Number 90916 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff Dated: J ' ?_ 0 '7 r? F \FILES\DATAFILE\DickinsonCollege7619\Collections\CurreatU46\346.10daynotice ` Created: 3/5/03 2:23:29 PM Revised: 3115/07 1:3345 PM Christopher E. Rice, Esquire MARTSON DEARDORFF WILLIAMS & OTTO I.D. No. 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. 06-3858 CIVIL ACTION-LAW JOHN J. TUKA, Defendant : JURY TRIAL OF TWELVE DEMANDED IMPORTANT NOTICE TO: John J. Tuka Date: March 15, 2007 68 East Water Street, Gettysburg, PA 17325 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 (?. C Christopher E. Rice, Esquire 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. John J. Tuka 68 East Water Street Gettysburg, PA 17325 MARTSON LAW OFFICES By , Mary Price Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: L / Y,/ a 7 THIS IS A DEBT COLLECTING FIRM ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 0 Ci Q ? C? r.a ?Jy J^J 1 r W U? ?r `?E SHERIFF'S RETURN - OUT OF COUNTY CASI?• N0: 2006-03858 P .COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DICKINSON COLLEGE VS TUKA JOHN J R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT to wit: --7/ T/-,T T?,T -r but was unable to locate Him deputized the sheriff of ADAMS in his bailiwick. He therefore serve the within COMPLAINT & NOTICE County, Pennsylvania, to On March 1st , 2007 , this office was in receipt of t attached return from ADAMS Sheriff's Costs: Docketing 18.00 Out of County 9.00 Surcharge 10.00 Dep Adams County 20.00 Postage 1.26 58.26 03/01/2007 MDW&O So answer R. Thomas Kline Sheriff of Cumberland County ? d3/6-7 /o'f Sworn and subscribe to before me this day of A. D. In The Court of Common Pleas of Cumberland County, Pennsylvania Dickinson College vs. John J. Tuka No. 06-3858 civil Now February 15, 2007 hereby deputize the Sheriff of I, SHERIFF OF CUMBERLAND COUNTY, PA, do Adams deputation being made at the request and risk of the Plaintiff. County to execute this Writ, this Sheriff of Cumberland County, PA Please mail return of service to Cumberland County Sheriff. Thank you. Affidavit of Service Now, February 26 , 20 07 , at 5:28 o'clock P. M. served the within Reinstated Complaint in Civil Action upon Jobn J. Tuka at 68 E. Water St., Gettysburg, PA 17325 by handing to Jobn J. Tuka a true & attested and made known to Jobn J. Tuka copy of the original complaint the contents thereof. So, answers, Sberiff Jacob Nelson riff of Adams n , PA Sworn and subscribed before me this day of N/A , 20 COSTS SERVICE _ MILEAGE _ AFFIDAVIT $ 18.00 2.00 $ 20.00 Pd. 2/27/07 AINnO3 SWVaV AAW3NS OE Z d OZ 031 LOOZ