HomeMy WebLinkAbout03-4913DICKINSON COLLEGE,
Plaintiff
CHRISTINA A. RUSSO
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COLrNTY, PENNSYLVANIA
NO. 03- '/~q/~ ~,~ (..e~/--~,-r'~__
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, Pennsylvania 17013
Telephone (717) 249-3166
Date: September 15, 2003
David R. Galloway, Esquire
I.D. Number 87326 ~
Ten East High Street
Carlisle, PA 17013
(717) 243-3341
Attorneys for Plaintiff
DICKINSON COLLEGE,
Plaintiff
CHRISTINA A. RUSSO
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 03- C ,;;(_cFtrc
C1VIL 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:
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 Christina A. Russo is an adult individual with a last known address of RR
5, Box 1520, Sunbury, Northumberland County, PA 17801.
3. On or about August 26, 1996, Defendant entered into a Promissory Note - Federal
Perkins Loan Program (Note #1) with Plaintiff for the financing of $2,000.00 plus interest and costs
by Defendant on his own behalf, for educational services and benefits at Plaintiff's institution. A
copy of Note #1 is attached hereto as Exhibit "A."
4. On or about September 2, 1997 Defendant entered into an additional PromissoryNote
- Federal Perkins Loan Program (Note #2) with Plaintifffor the financing of $1,500.00 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 $3,500.00.
8. Note #1 and Note #2 grant Plaintiffreasonable collection and attorney's fees which
Plaintiff has calculated to be $525.00.
9. As of July 23, 2003, the principal and interest due and payable by Defendant to
Plaintiff was $4,066.24, plus interest accruing thereafter at $0.48 per day.
10. As of July 23, 2003, the outstanding balance of $4,066.24 represents the total and
actual overdue value of the financing provided to Defendant under Note #i and Note #2 for which
Defendant has yet to pay.
11. Plaintiffhas 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.
13. 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, Plaintiffdamands judgment against Defendant in the amount of $4,066.24,
plus interest accruing at $0.48 per day from July 23, 2003, collection and attorneys' fees in the
amount of $525.00 and costs of suit.
COUNT II
IN Q U/INTUM MER UIT
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 23, 2003 the total amount by which Defendant has become enriched is
$4,066.24, plus interest in the amount of $0.48 per day from July 23, 2003.
WHEREFORE, Plaintiff demands judgment against Defendant Christina A. Russo, in the
amount of $4,066.24, plus interest in the amount of $0.48 per day from July 23, 2003, collection and
attorneys' fees in the amount of $525.00 and costs of suit.
IAMS & OTTO
David R. Galloway ~ [
I.D. Number 87326 {
Ten East High Street ~x
Carlisle, PA 17013 -3093
(717) 243-3341
Attorneys for Plaintiff
Date: September 15, 2003
FEDERAL PERKINS LOAN
PROMISSORY NOTE
1. Name (last, first, middle initJal) and
Permanent Address (slTeet, city, state, zip code)
Russo, Christina,
4~Z 1'4. 5.~
2. Social Security Number
;3. Date of Birtl~
4. ~a Co~e~eleph~e Numar
& Dr~er% License Number (~st state a~a~on fl~t)
6. School Name & Address (street, city, state, zip code)
P.O. BOx 1773
~'arl~-~/e, PA 17013-2896
7. Borrower Status 8. Interest Rate
9. Loan ~u~: ~ri~
~2000. O0 ~99~97
TERMS AND CONDrFIONS:
[Any ~ clame ~ peragraph may he mclnded at cflUon o~ marimtal~j
APPLICABLE LAW - The terms of this note and any disbumements made under this note shall be interpreted In accordance with Part E of Title IV or the Higher
Education Act of 1965. as amended (hamtoafter called the Act). as well as Federal regulations L~ued under the Act. All sums advanced under this note are subject to the
Act and Federal regulations L~ued under the Act.
REPAYMENT - ] am obligated to repay the principal and the Interest that accrues on It to the abtwe-narned Lmtltutinn (hereinafter called the school) over a period
beginning 9 months (or sooner If I am a less than a haW-time borrower) a~ter the date I cease to be at lea~t a half-time student at an [mtltutio~ of higher education or a
comparable s~bool outside the United States approved by the United State~ Secretary of Education (bereinafte; called the Secretary) and ending
request In writing that my repayment period begin sooner. ! undatstand that the school will report the amount of my tmtullment payments, aion8 with the amount of this
loan to a national credit bureau, lnter~t on this loan shall accrue from the beglnnin8 or the repaTment period. My repayment period may be shorter than l0 year~ if I am
required by my school to make mtrtimum monthly p~yments. Upon my written request my repayment period may ha extended during periods of deferment, hardship, or
forbearance and I may make graduated installments in acco~clance with a schedule approved by the Secretary. I will make my Im~llment payments in equal monthly.
bimonthly or quarterly inst~Jlments as determined by the school The school may round my L.~aJ Lment payment to the next highest multiple of $5. [I will mabe a
minimum monthly repayment or $40 (or $30 it' I have outs~andlnil Padarai ~erklm loam made before October I. 199g that lndudnd the $30 minimum payment option)
in accordance with the Minimum J~onthly Payment Section orthe Ten'm and Conditions contained on the reveme ~tde or this document.]
LATE CHARCES - The school will Impose late charges If I do not make a scheduled payment when due or
the payment, a properly documented ~ltten request that I quaiWy for any or the forbearance, deferment or ca~cella~on benefits as described below. No late cha~es may
exceed 20% of my monthly, blmorithly or quarterly payment. The school may add the late charges to principal the day a~ter the scheduled repayment was due or include
it with the next scheduled repeyment after I have received notioe o[ the charge, and such notice b sent before the next instaUment is due.
REQUESTS FOR DEFERMENT. CANCELLATION OR FORBEARANCE - To receive deferment, cancellation, or forbearance benefits. 1 must make a written request
to the school and mttst submit to the school any documen~a[inn the school requires to prove my eligibility fo~ the~e benefits. [ am respomlble for submlttin8 the
appropriate requests on time. and I may lose my benefits il` ! fail to file my ~q ue~t on
DEFAULT - lr I fail to make a scheduled payment when due; Il' ! fail to submit to the school, on or before the due date of a ~chaduled payment, documentation that I
quah~y ~or a deferment, canceilarion, or forbearance; or if I fal~ to comply with the terms and condlUom of this pmmmory note or written repayment agreement, [he
~clmol may. at Its option, declare my Joan to be in default and may accelerate my loan (demand immediate payment or the entire unpaid halance of the loan. Includinil
principal, interest, late cha~ges, and collection co.ts). The school, and the Secretary. Ir my loan is ~signed to the Secreeary for coUection, shall disclose to credit bureau
organtsatinm that I have defaulted and all other relevant loan information. I will lose my right to defer payments and my right to forbearance ir
wlU Jose my right to receive cancellation benefits for ~ervice that is perrormed a~ter the date the ~chool accelerated the loan. I wtJl be toeli~ble for any fu~thar federal
student financial ~[stance authorized under the Act until I make arrangemenu that are ~atlstactory to the ~chool or the Sectet~ry to repay my loan.
CHANCE OF STATUS - I will inform the school of any change in my name. address, telephone number. ~ocial Security number, ot driver's heeme number.
ASSIGNMENT - This note may be a~Slilned by the school only to the ~Jnlted States. The provisions of thb note that relate to the school shall where appropriate relate to
the a.~ignee.
PROM[SE TO PAY: [ promL~e to pay the school, or a sub~quent holder of the PromL,~ory Note. the sum of amount(s) advanced to me under the terrm of this Note. plu~
interest and other fee~ which may become due a~ provided In this Note. I promise to pay ail reasonable collection costs, including attorney fees and other charges,
necessary for the collection of any amount not paid when due. ! will not sign this Note before reading it. Including the provisions on the reverse side. This loan ha~ b~n
made to me without security or endorsement. My signature certifies 1 have read. understand, and agree to the terms and conditions or this P~0mL~ory Note. T~]S IS A
LOAN(S) THAT MUST BE RE?AID
'BO~rrower's Signature Date:
Perkinn pre-Loan Information Sheet
PLEASE PI~,INT
Date ~/~/~ ~
Colleqe Address: -
HUB # [Z~2- Telephone Number 3c~L~
Street (incl. Apt. No.) ~/'~ZO~.
Social Security No.
Drivers License NO.
Exp. Graduation Date
Street (incl. Apt. No.)
City, State and Zip Code
Telephone Number C']'q) ~8~'~q~
.~h %4~e T
~o i
Sirthdate
State [~-
Parent or Guardian:
Name: PFL~L ~.
Street (incl. Apt. No.) ,Z~-["~. ~x~.
City, State and Zip Code ~V
Telephone Nu~er ~'~ )
Parent or Guardian Employer's N~e
Employer's Address:
Three references: (Individuals who will always know your address)
Name:
Street (incl. Apt. No.)
City, State and Zip Code
Telephone Number <~ ~ J
Name: ~ ~)~ ~J~
Street (incl. Apt. No.)
city, stat~ and Zip Co~
Name: 5~Jg ~<~l~
Street (incl. Apt. No.)
City, State and Zip Code
Telephone ~umber {~,~
FEDERAL PERKINS LOAN
PROMISSORY NOTE
00273-000-00-3315-09
1. Name (last, first, middle initial) and
Permanent Address (stTeet, city, state, zip code)
Russo, Christina A.
412 N. 5th St.
Sunbury, PA 17801
2, Social Security Number
3. Date of Birth
4, Area Code/Telephone Number
Driver's License Number (List state abbreviation first)
6. School Name & Address (street, city, state, zip code)
Dickinson College
P.O. Bc0c 1773
Carlisle, PA 17013-2896
7. Borrower Status 8. Interest Rate
9. Loan Amount: 10. Loaf Period
$1,500.00 1997-1998
TERMS AND CONDITIONS:
REQUESTS FOR DEFERMENT, CANCELLATION OR FORBEARANCE - To receive deferment, cancellation, or forbearance benefits. [ must make a written request
LOAN(S) THAT MUST BE REPAID
ower's Signature Date: /~
PERKINS (NDSL) TRUTH-IN-LENDING STATEMENT
DICKINSON COLL~E
Account Number 00273-000-00-3315-09
Name of Borrower R.~o, Christina. A.
Address 412 N. 5th St.
Sunbury, PA 17801
ANNUAL PERCenTAGE
RATE
The cost of your
credit as a yearly
rate.
AMOUNT FINANCED
The amount of
credit provided
to you.
Prior =o During
repayment repayment
0 % 5 Z
$ 1.500.00
Itemization of the Amount Financed: $ 1.500.00
Amount given directly to you.
LaKe Charge:
If a payment is late, you may be charged: $1.00 for the first
lace payment, and $2.00 for each s~bsequent late payment 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 quarterly.
Prepayment: If you pay off early, you will not have to pay a penalty.
See your promissory note for any additional information about nonpayment,
fault, any required repayment in full before the scheduled date, and pre-
payment.
de-
THE BORROWER ACK~NOWI~DGES RECEIPT OF AN EXACT COPY OF THIS STATEMENT.
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
cou nseJ 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 cdminal penalties.
Dated:
September 15, 2003
Dickinson College
Th~ -~ ~
Assistant Treasurer of Dickinson College
SHERIFF'S RETURN -
CASE NO: 2003-04913 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERIJtND
DICKINSON COLLEGE
VS
RUSSO CHRISTINA A
OUT OF COUNTY
R. Thomas Kline
duly sworn according to law, says, that he made a diligent
and inquiry for the within named DEFENDANT , to wit:
RUSSO CHRISTINA A
but was unable to locate Her in his bailiwick.
deputized the sheriff of NORTHUMBERLAND County,
serve the within COMPLAINT & NOTICE
Sheriff or Deputy Sheriff who being
search and
He therefore
Pennsylvania, to
On October 31st , 2003 , this office was in receipt of the
attached return from NORTHUMBERLAND
Sheriff's Costs:
Docketing 18.00
Out of County 9.00
Surcharge 10.00
Dep Northumberland 38.04
.00
75.04
i0/3i/2003
MDW&O
So answersa~-'/-~ ~-
Sheriff of Cumberland County
Sworn and subscribed to before me
this ~ day of~
A.D.
Prothonot~r~
In The Court of Common Pleas of Cumberland County, Pennsylvania
Dickinson Collar.
Christina A. Russo
No. ~2003-4913 Civil
Now, 9/19/03
hereby deputize the Sheriffof Northumberland
deputation being made at the request and risk of the Plaintiff.
Sheriff of Cumberland County, PA
, I, SHERIFF OF CUMBERLAND COUNTY, PA, do
County to execute this Writ, this
NOW,
within
upon
at
by handing to
a
and made known to
Affidavit of Service
,20 , at
o'clock M. served the
copy of the original
So answer~,
the contents thereof.
Sworn and subscribed before
me this day of
,20__
Sheriff of County, PA
COSTS
SERVICE
MILEAGE
AFFIDAVIT
PLAINTIFF: DICKINSON COLLEGE
P:
VS:
DEFENDANT: RUSSO, CHRISTINA A.
D: RR5 BOX 1520
D: SUNBURY PA 17801 PARANTS HOME
D: 621 CATAWISSA AVE.
SHERIFF'S RETURN
I HEREBY CERTIFY AND RETURN I SERVED: CHRISTINA A.
BY HANDING A TRUE AND ATTESTED COPY OF THE WITHIN:
PERSON SERVED: CHRISTINA A. RUSSO
DATE SERVED: 2003/10/09
CAPACITY:
TIME: 12:05 PM :
PLACE SERVED: SHERIFF'S OFFICE SLINBURY PA
CASE #: 03 NO 4913
CTY FILED: CUMBERL/LND
FILE DATE: 03/09/17
DATE RECEIVED: 03/09/24
ASSIGNED TO: 1 DEF
LAW FIRM: CUMBERLAND
EXPIRES: 2003/10/17
RUSSO
NOTICE & COMPLAINT
PERSONALLY
COUNTY OF NORTHUMBERLAND AND STATE OF PENNA,, MAKING KNOWN UNTO : HER THE
CONTENTS THEREOF. SO ANSWERS: CHARLES S. BERKOSKI, SHERIFF
BY DEPUTY: CHAUNDY, BERNADETTE ~ S, ~
BY:
F:IFIlESIDA TAFIlEIDickinsonCollege76 I 9lCollectionslCurrentl1411lnJ.5
Created: 1/18/05 11:53AM
Revised: 1118/05 o 42PM
7619Cl41
David R. Galloway, Esquire
MARTSON DEARDORFF WILLIAMS & OTTO
Ten East High Street
Carlisle, P A 17013-3093
(717) 243-3341
Attorneys for Plaintiff
DICKINSON COLLEGE,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL V ANlA
v.
NO. 03-4913
CNIL ACTION-LAW
CHRISTINA A. RUSSO
Defendant
JURY TRIAL OF TWELVE DEMANDED
PRAECIPE
TO THE PROTHONOTARY OF CUMBERLAND COUNTY:
Please mark the judgment in the above-captioned case satisfied and issue a certificate
reflecting the same.
MARTS ON DEARDORFF WILLIAMS & OTTO
,.~..,
"
By .
David R. Galloway,
LD. Number 87326
Ten East Higjl1 Street
Carlisle, PA 1l7013-3093
(717) 243-3341
. ,
Ulre
Attorneys for Plaintiff
Date: January 18, 2005
CERTIFICATE OF SERVICE
I, Jean Taylor, an authorized agent for Martson Deardorff Williams & Otto, hereby certify
that a copy of the foregoing Praecipe was served this date by depositing same in the Post Office at
Carlisle, P A, first class mail, postage prepaid, addressed as follows:
Robert E. Benion, Esquire
205 Broadway, Box 356
Milton, PA 17847-0356
MARTSONDF.ARDORFF [:S & OITO
~
Je aylor ,1
T n ast High Street
Car isle, P A 17013
(717) 243-3341
Dated: January 18, 2005
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