HomeMy WebLinkAbout03-4904DICKINSON COLLEGE,
Plaintiff
JASON R. FAHRER
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 03- ¥
CIVIL ACTION-LAW
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 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 OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP:
Cumberland County Bar Association
32 South Bedford Street
Carlisle, Peunsylvania 17013
Telephone (717) 249-3166
Date: September 15, 2003
)>o?2vs
y~ld R'~al~~
By -
Ten East High Street
Carlisle, PA 17013
(717) 243-3341
Attorneys for Plaintiff
DICKINSON COLLEGE,
Plaintiff
JASON R. FAHRER
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COLrNTY, PENNSYLVANIA
NO. 03- /eo¥
CIVIL ACTION-LAW
JURY TRIAL OF TWELVE DEMANDED
COMPLAINT
AND NOW, comes PlaintiffDickinson College by and through its attorneys, MARTSON
DEARDORFF WILLIAMS & OTTO, and hereby avers as follows:
1. Plaintiff Dickinson College is a Pennsylvania educational institution and nonprofit
corporation with its principle place of business at West Street, Post Office Box 1773, Carlisle,
Cumberland County, Pennsylvania 17013.
2. Defendant Jason R. Fahrer is an adult individual with a last known address of 4009
Garfield Street, Hollywood, Broward County, Florida, 33021.
3. On or about August 26, 1996, Defendant entered into a Promissory Note - Federal
Perkins Loan Program (Note # 1) with Plaintiff for the financing orS 1,000.00 plus interest and costs
by Defendant on his own behalf, for educational services and benefits at Plaintiff's institution. A
copy of Note #l is attached hereto as Exhibit "A."
4. On or about October 22, 1997, Defendant entered into an additional Promissory Note
- Federal Perkins Loan Program (Note #2) with Plaintiff for the financing of $1,000.00 plus interest
and costs by Defendant on his own behalf, for educational services and benefits at Plaintiff's
institution. A copy of Note #2 is attached hereto as Exhibit "B."
5. Note #1 and Note #2 are funds created under Part E of Title IV of the Higher
Education Act of 1965 as amended, (hereinafter the "Act") and are subject to the Act and the Federal
Regulations issued under the Act.
6. As provided in the Act, Plaintiff acts in a fiduciary capacity in the handling,
disbursing and collecting of funds associated with the programs under the Act.
7. The total principal for Note #1 and Note #2 is $2,000.00.
8. Note #1 and Note #2 grant Plaintiff reasonable collection and attorney's fees which
Plaintiff has calculated to be $500.00.
9. As of July 15, 2003, the principal and interest due and payable by Defendant to
Plaintiff was $2,244.78, plus interest accruing thereafter at $0.27 per day.
10. As of July 15, 2003, the outstanding balance of $2,244.78 represents the total and
actual overdue value of the financing provided to Defendant trader Note # 1 and Note #2 for which
Defendant has yet to pay.
11. Plaintiff has fulfilled, performed and complied with all obligations and conditions of
Note #1 and Note #2.
COUNT I
BREACH OF CONTRACT
12. Plaintiff hereby incorporates by reference the averments contained in Paragraphs 1
through 11 of this Complaint.
l 3. Defendant breached the expressed and implied obligations, conditions and terms of
agreement of Note #1 and Note #2 by failing to pay the amounts financed therein.
WHEREFORE, Plaintiff demands .judgment against Defendant in the amount of $2,24478,
plus interest accruing at $0.27 per day from July 15, 2003, collection and attorneys' fees in the
amount of $500.00 and costs of suit.
COUNT II
IN OUANTUM MERUIT
14. Plaintiff hereby incorporates by reference the averments contained in Paragraphs 1
through 13 of this Complaint.
15. Having requested Plaintiff to loan money, and doing so to the benefit of Defendant,
Defendant became liable to Plaintiff for said money.
16. Defendant has been unjustly enriched by accepting said money without paying
Plaintiff reasonable compensation therefor.
17. As of July 15, the total amotmt by which Defendant has become enriched is
$2,244.78, plus interest in the amount of $0.27 per day from July 15, 2003.
WHEREFORE, Plaintiff demands judgment against Defendant Jason R. Fahrer, in the
amount of $2,244.78, plus interest in the amount of $0.27 per day from July 15, 2003, collection and
attorneys' fees in the amount of $500.00 and costs of suit.
~~F~LIAMS & OTTO
I.D. Number 87326
Ten East High Street
Carlisle, PA 17013-3093
(717) 243-3341
Attorneys for Plaintiff
Date: September 15, 2003
PERKINS LOAN
PROMISSORY NOTE
1. Name (last, first, middle initial) and
Permanent Address (s~'eet, city, state, zip code)
Fahrer ~ Jason
/
2, Social Security Number
3. Date of Birth
4. Area Code/Telephone Number
5. 's License Number (List state abbmviaUon flint)
6, School Name & Address (street, city. state, zip code)
P.O. Bc=c ].773
Cc~cl~;-~le, PA 17013-2896
Borrower Status 8, Interest Rate
~an ~ount: Peri~
~000.00 1996-97
TERMS AND CONDITIONS:
IAny bmr.,k~-~d c, lame ~' parag-a~ nay b~ irrdud~ at ~uon of in~tmmon,~
REQU~S FOR DEFERME~. CANC~TION OR FORB~CE -To ~i~ ~fe~nt. ~e~tlon, or ~or~ ~flu, I m~t ~ke a w~tten t~u~t
Borrower's S~ ~~ Date:
· Terms and Conditions (cont.)
HARDSHIP REPAYMENT OPTIONS- Upon my '*ritten ~-equest. if !
qualify as a low-income individual during the repayment period, the school
may extend the repayment period for up to an additional ten (10) yea~ and
may adjust any repayment schedule to reflect my income. Upon my written
request, the school may extend the repayment period iL In Its opinion,
prolonged illness or unemployment prevent me from making the schaduled
repayments diwin g which time interest wiU continue to accrue. The school
may permit me to pay less than the minimum monthly repayment rate for a
period of not more than one year at a time if I experience a pe~od of
prolonged illness or unemployment except such action may not extend the
repayment period beyond 10 years.
GRACE PERIODS- My lniUal grace period before beginning repayment is 9
months. If ! am a Less-Than-Half-'fume Borrower with outstanding Federal
Perkins Loam. my repayment begtm when the next scheduled installment of
my outstanding loan Is due. If I am a Less-Than-Half-Time Borrower with no
outstanding Federal Perkins Loans. my repayment begins the earlier of: 9
months from the date my loan was made. or 9 months from the date I became
less than a hall'-time student, even if I received the loan aEter ~ became a le~
haan hal~-time student. My payments will re~une after a post-deferment grace
pe~od of § months that foUows deter'merits that apply to Fedatal Perkins
loans.
PREPA~'ENT - I may prepay all or any part of my unpaid loan balance.
plus any accrued Inte~sL at any time without perua/ty. Amounts ! repay in the
academic year tn which the loan 'was made and before the initial grace period
has ended will be u~ed to reduce the amount of the loan and will not be
considered a prepayment. If I repay amounts during the academic year in
which the loan was made and the Initial grace period ended, only thee
amounts in excess olr the amount due for any repayment period shall be
considered a prepayment. If, in an academic year other than the award year in
which the loan was made, ! repay more than the amount due for an install-
ment. the exce~ will be used to repay principal tmle~ ~ designate it as an
ad',arme payment or the next regular installment.
MINIMUM MONTHLY PAYMENT- I ~ make a minimum monthly
repayment of $40 (or $30 if I have outstanding Federal Perkim loam made
before October ~. 1992 that included the $30 minimum payment opUon) if
r~qulmd by She school. If the total monthly repayment rate on this loan and
any outstanding Fader'al Perkans loans ! may have is less than the minimum
monthly repayment rate established by ~e school, the school may still ~qutre
a minimum monthly ~payment rate. A minimum month/y repayment
amount will combine my obUgaUon on this and all my outstanding Federal
Perkins loans, including those made at other schools. The portion of the
mirdmum monthJy payment Omi v/dl be applied to thts loan wiU be the
dliTerence bert~,een the minimum monthly payment and the total amounts
owed at a monthly rate un my other Federal Perkins loans. ]f each school
holding my outstanding Federal Perkins ]0m~ exercises the mifilmum monthly
payment opUon, the minimum monthly repayment will be divided among ~e
schools in proportion to ~e amount ofprindpal acNanced by each school.
FORB~CE - Upon m, aklng a properly documented written request to
the school, I am enUtied to forbearance of principal and interest or principa/
only. renewable at intervals up to 12 months for periods that collectively do
not exceed thr~e ye~s. under the foUowing conditlom: If my monddy Title ~V
loan debt bun:~en equals or exceeds 20% of my tota/monthly gross Income; If
the Secretary authorizes a period of forbear'me due to a naUonal military
mobllizaUon m' other naUonal emergency; or If the school determines dm£ !
qualL~ due to poor l~dth or for other rt~om, including service in
AmeriCorpa. Interest accrue~ during any Feriod of forbearance.
DI~FERMEINTS - Upon making a properly documented written request to
the school. ! may deter maldng scheduledtnstallment payments and ~ not
be liable for any interest that might othepSrise accrue 1) during any period that
! am: ermolled and attending as a regular student In at least a beif-time course
of study at an eligible school; enrolled and attending as a mgtdar student a
graduate fellowship prognun approwcl by the Secretary: engaged in graduate
or post-graduate fellowship*supported study outside the US: enroUed and
attending a rehabUitation relining program for disabled individuals approved
by the Seoetary; engaged In pubUc service that qualifies me to have part or all
of my loan canceled; 2} for a pariod not ~ exceed three years during -which [
exceed thee years during which ! am exl~riencing an economic hardship as
determined by the school. ! am not eligible for a deferment while serving In a
meclic~! Intermhip or residency program. 1 may continue to defer making
scheduled Installment payments and will not be liable for any interest that
might otharv~e accrue for a six-month period inunecltately foUowing the
expiraUon of any deferment period desc~bed In ti-ds p~ragraph.
CANCF2..LATIONS - Upon making a properly
to the school, I am entided to have up to 100% of the original principh/loan
amount of this loan canceled if I perform qualifying service in the areas listed
in paragraphs A, B. C. D and I~ below. Qualifying Service must be performed
A. Teaching * a f~ll-time teacher in a public or other nonprofit elementary or
secondary school, that has been designated by the ~retery In accordance with
the provisinm of section 465(a) (2) of the Act as a school with a high
concentration of students from low-income familiea. An official Directory of
designated lnw-lncome schools is published annually by the Secretary. * a lull-
time special education teacher In a public or nonprofit elementary or
secondary school system. · a full-time teacher, in a public or other nonprofit
elementary or secondary school system, who teaches mathematics, science,
foreign languages, bilingual education, or any other field of expartise that is
determined by the State Department of ~ducation to have a shortage of
qualified teachers in that State.
B. Early Intervention Services · a full-time qualified professional provider of
early intervention services in a public or other nonprofit program under public
supervislnn by a lead agency as authorized by section 672(2) of the Individuals
with Disabilities Education Act. Early ~nt~ntton Services are provided to
infants and toddlers with disabilities.
C. Law Enforcement or Con. ohs Officer * a MI-time law enforcement
officer for an eligible local, State, or Federal law enforcement agency; or · a
full-time correctiorts officer for an eligible local, State, or Federal corrections
agency.
D. Nurse or Medic. al Technician * a fufi-time nurse providing health ca~
services; or · a full-time medical technician providing health care servicea.
[~. Child or Family Service Agency ° a full-time employee of an eligible public
or private non-profit child or family service agency who is providing or
super-~ising the provision of services to high-fLak children who are from low-
income communities and the families of such children.
Cancellarion ~,ates - ]~or each completed year of service under paragraphs A.
B, C, D and E a portion of this loan will be canceled at the following rotes:
· 15% of the original principal loan amount for each of the £u'sc and second
yea~; o 2095 of the original principal Ioma amount for each of the third year
and fourth yea~; and · 30% of the original principal loan amount for the fifth
year.
E Head S~t Cancellation - Upon making a properly documented written
request to the school, I am endtied in have up to 10096 of the original
principal loan amount canceled for q ualif~g service performed after ! r~celve
the loan its: · a full-time staff member in the educational component of a
I'-Iead Start program which is operated fora p~rlod comparable to a fufi school
y~ar and which pays a salary comparable to an employee of the ]ocs] aduca-
rional agency.
Cancellauon Rate - For each completed year of s~rvice under the ~Iead Start
CancellaUon pmvLslnn, this loan will be canceled at the rate of 15% of the
o~gthal ptinclpal loan amount.
(~. ]Vll/ltat7 Cancellation - Upon making a properly documented written
~que~t to ~ school. ! am entitled to have up to 50% of the principal amount
of this loan canceled for quafifying service performed after ! receive the loan
as: · a member of the Armed Forcef of the United States in an area of
hosUllties that quail/les for special pay under secUon 310 of Tide 37 or the
United States Code.
Cancellation Rate - For each completed year of service under the Military
Cancellation provision, this loan will be canceled at the rate of 12 1/296 oft, he
original principal loan am~Llrlt.
H. Volunteer Service C, ancellarion - Upon making a properly documented
written request to the school, I am entitled to have up to 70% of the original
prlnclpaJ loan amount of this loan canceled for qualifyIng service performed
after I received the loan as: · a volunteer under the Peace Corps Act; · a
volunteer under the Domesec Volunteer Service Act of 1973 (ACTION
programs).
Cancellation Rate - For each completed year of service under the Volunteer
Service Cancellation proviainn, a portion of this loan will be canceled at the
following rates:
· 1S% of the original principal loan amount for each of the first and second
12-mor~ perlt~ ~l~ser¢o:e: m~d'- 2~Yo o~ origlr~ primtpal loan amount
for each of the third and fourth 12-month periods of service.
L Death and Disability Cancellation - In the event of my death, the school
wtil cancel the total amount owed on this loan. Lr ~ become perrna.qentl¥ and
totally disabled after I receive this loan, the school will cancel the total amount
owed on this loan.
FEDERAL PERKINS LOAN
PROMISSORY NOTE
00273-000-00-3226-09 /
1. Name (last, first, middle initial} and
Permanent Address (street, city, state, zip code}
Fahrer, Jason, R.
2111 5th St.
East Meadow, NY 11554
2. Social Security Number
3. Date of Birth
4. Area Code/Telephone Number
5. Driver's License Number (List state abbreviation first)
6. SchoolName&Address($~eet, c~ystate, zipcod~
D±C~ College
P.O. Box 1773
Caz']~le, ~A ~7013-2896
Borrower Status 8. Interest Rate
Loan Amount: ]10. Lear Period
.000.00 I 1997-1998
TERMS AND CONDITIONS:
REQUESTS FOR DEFERMENT. CANCELLATION OR FORBEARANCE -To receive defermenL cancellation, or forbearance benefits, I must make a written request
I;OAI~'{S} T~IK~ MUST BE REPAID
Borro?gr's S/ii~g~at~ ~e/
Date:
Terms and Conditions (cont.)
HARDSHIP REPAYMENT OPTIONS - Upon my wdtten request, if I
qualify as a Iow-income individual during the repayment period, the school
may extend the repayment period for up to an additional ten (10) yems and
~equest, the school may extend the repayment period it in its opinion.
prolonged illness or unempkiyment prevent me from making the scheduled
repayments during which time interest ,Mil continue to accrue. The school
may permit me to pay less than the minimum monthly repayment rate for a
period of not more than one year at a tLme if I experience a period of
prolonged illness or unemployment except such action may not extend the
repayment period beyond 10 yeors.
GRACE PER1ODS - My ininal grace period before beginning repayment is 9
months, If I am a Less-Than-Half-Time Borrower ,Mth outstonding Federal
Perkins Loans, my repayment begins Mien the next scheduled installment of
my outstanding lo0n is due. If I am a Less Than-Half-Time Borrower with no
less than a half-time student, even ff ! received the loan after ! became a less
than halt4Zme student. My paymenta will restm~e after a po~t-deferment grace
period of {~ months that follows deferments that apply to Federal Perkins
PREPAYMENT - 1 may prepay all or any part of my unpaid loon balance.
academic year in which the loan was made and before the mitial grace period
MINIMUM MONTHLY PAYMENT - I will make a minimum monthly
FORBEARANCE - Upon making a properly documemed written request to
CANCELLATIONS Upon making a properly documented vmtten request
to the school, I am entitled to have up to 100% of [he origmal principal loan '
amount of this loan canceled if I perform qualifying service m the areas listed
in paragraphs A, B, C, D and E below. Qualifying Service must be performed
after I receive the loan.
A. Teaching ° a full-time teacher in a public or other nonprofit elementary or
secondary school, that ba~ been designated by the Secretary in accordance ,Mth
the prov~siord of section 465(a)(2) of the Act a~ a school ,Mth a high
concentration of students from Iow-income f~mdies, An official Directory of
designated Iow-income schools is published annually by the ~cretary. · a full
time special educaUon teacher in a public or nonprofit elementary or
secondary ~chool system · a full-time teacher, in a public or other nonprofit
elementary or secondary school system, who teaches mathematics, sCience.
foreign languages, bilingual education, or any other field of expertise [hat is
determined by [he State Department of Education to have a shortage of
qualified teachers in that State.
B, Early Intervention Services · a full-time qualified profe~ional provider of
early intervention services in a public or other nonprofit program under public
supervision by a lead agency as authorized by section 672(2) of the Individuals
with Disabilities E~lucation Act. Early Intervention Servicea are provided to
infants and toddlers with disabilities,
C. Law Enforcement or Corrections Officer · a full-time law enforcement
officer for an eligible local, State. or Federal law enforcement agencyi or · a
full-time correctioP, S officer for an eggthIe local, State. ar Federal corrections
agency.
D. Nme or Medical Technician ° a full-time nurse promding health care
services; or · a full-time medical technician providing health care ~ervices.
E. Child or Family Service Agency ° a fulbtime empkiyee of an eligible public
or private non profit child or family service agency who is providing or
supervising [he provision of services to high-risk children who are from low-
Lncome communities and the families of such children.
Cancellation Rates - For each completed year of service under paragraphs A,
B, C, D and E a portion of [his loan will be canceled at the follo,Mng rates:
· 15% of [he original principal loan amount for each of the Fwst and second
years; · 20% o£ the original principad loan amount for each of the [hwd year
and fourth years: and · 30% of the original principal loan amount for [he fifth
F. Head Start Cancellation - Upon making a properly documented written
United States Code.
H. Volunteer Service Cancellation - Upon making a properly documented
volunteer under the Domestic Volunteer Service Act of [973 (ACTION
programs)
following rates:
12-month periods of ~ce: ~d' ~1)~8 of the original principal Io~n amount
PERKINS (NDSL) TRUTH-IN-LENDING STATEMENT
DICKINSON COLLEGE
Account Number 00273-000-00-3226-09
Name of Borrower Jason R. Fahrer
Address 2111 5th St.
East Meadow, NY 11554
ANNUAL PERCEA~AGE
RATE
T~ne Coat of your
credit as a yearly
ra=e.
AMOUNT FINANCED
· he amoun= of
credit provided
to you.
Prior to During
repayment repayment
0 % 5 Z
$ ~,0oo nn
Itemizauion of the Amount Financed: $1,000.00
Amount given directly to you.
Late Charge:
If a payment is late, you may be charged: $1.00 for the first
late payment, and $2.00 for each subsequent late paymemt if
this loan is payable monthly, $3.00 for each late payment if
this loan is payable bimonthly, $6.00 for each late payment
if this loan is payable quar:erly.
Prepayment: If you pay off early, you will not have to pay a penalty.
See your promissory note for any addi=ional information about nonpayment, de-
fault, any required repayment in full before the scheduled date, and pre-
payment.
THE BORROWER ACKNOWLEDGES RECEIPT OF AN EXACT COPY OF THIS STATEMENT.
STUDENT '--~
INSTITUTIONAL
REP RESENTAA~ivM
DATE
VERIFICATION
I, THOMAS MEYER, Assistant Treasurer 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 Comptaint 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.
Dated:
September 15, 2003
Dickinson College
DICKINSON COLLEGE,
Plaintiff
JASON R. FAHRER
Defendant
1N THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 03~ 4904
CIVIL ACTION-LAW
JURY TRIAL OF TWELVE DEMANDED
PRAECIPE TO SETTLE, DISCONTINUE AND END
Plaintiff requests the above~captioned matter be settled, discontinued and ended without
prejudice.
MARTSON DEAR. J~2RFF WILLIAMS & OTTO
David R. Galloway, Esquire I
I. D. Number 87326~
Ten East High Street ~
Carlisle, PA 17013
(717) 243-3341
Date: October 2, 2003 Attorneys for Plaintiff
CERTIFICATE OF SERVICE
I, Marti Iben, an authorized agent for Martson DeardorffWilliams & Otto, hereby certify
that a copy of thc foregoing Praecipc was served this date by depositing same in the Post Office
at Carlisle, PA, first class mail, postage prepaid, addressed as follows:
Jason Fahrer
4009 Garfield Street
Hollywood, FL 33021
MARTSON DEARDORFF WILLIAMS & OTTO
Marti Iben
Ten East High Street
Carlisle, PA 17013
(717) 243-3341
Dated: October 2, 2003