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HomeMy WebLinkAbout04-0759DICKINSON COLLEGE, Plaintiff V. JENNIFER P. SIMMONS, Defendant 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 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, 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 PROVDE 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) 24%3166 Dated: February 20, 2004 MARTSON D_E~J"~gFF WILLIAMS & OTTO I. D. Number 87326 ~ Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff DICKINSON COLLEGE, Plaintiff JENNIFER P. SIMMONS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. '7X'¢ CIV1L 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 principal place of business at West Street, Post Office Box 1773, Carlisle, Cumberland County, Pennsylvania 17013. 2. Defendant Jennifer P. Simmons, is an adult individual with a last known address of 40 Rue Du Japon, Toulouse, France 31400. 3. On or about September 2, 1996, Defendant entered into a Promissory Note - Federal Perkins Loan Program (Note #1) with Plaintiff for the financing orS 1,400.00 plus interest and costs by Defendant on her own behalf, for educational services and benefits at Plaintiff's institution. A copy of Note #1 is attached hereto as Exhibit "A." 4. Note # 1 represents funds created under Part E of Title 1V of the Higher Education Act of 1965 as amended, (hereinatler the "Act") and is subject to the Act and the Federal Regulations issued under the Act. 5. 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. 6. The total principal for Note #1 was $1,400.00. 7. Note #1 ~ants Plaintiff reasonable collection and attorney's fees which Plaintiff has calculated to be $500.00. 8. As of February 5, 2004, the principal and interest due and payable by Defendant to Plaintiff was $1,070.45, plus interest accruing thereafter at $. 14 per day. 9. As of February 5, 2004, the outstanding balance of $1,070.45 represents the total and actual overdue value of the ftnancing provided to Defendant under Note #1 for which Defendant has yet to pay. 10. Note #1. Plaintiffhas fulfilled, performed and complied with all obligations and conditions of COUNT I BREACH OF CONTRACT 11. Plaintiff hereby incorporates by reference the averments contained in Paragraphs 1 through 10 of this Complaint. 12. Defendant breached the expressed and implied obligations, conditions and terms of agreement of Note #1 by failing to pay the amounts financed therein. WHEREFORE, Plaintiff demands judgment against Defendant in the amount of $1,070.45, plus interest accruing at $. 14 per day fi.om February 5, 2004, collection and attorneys' fees in the amount of $500.00 and costs of suit. COUNT II IN OUANTUM MERUIT 13. Plaintiff hereby incorporates by reference the averments contained in Paragraphs 1 through 12 of this Complaint. 14. Having requested Plaintiffto loan money, and doing so to the benefit of Defendant, Defendant became liable to Plaintiff for said money. 15. Defendant has been unjustly enriched by accepting said money without paying Plaintiff reasonable compensation therefor. 16. As of February 5, 2004, the total mount by which Defendant has become enriched is $1,070.45, plus interest in the amount of $. 14 per day from February 5, 2004. WHEREFORE, Plaintiffdemands judgment against Defendant Jennifer P. Simmons, in the amount of $i,070.45, plus interest in the amount orS. 14 per day from February 5, 2004, collection and attorneys' fees in the amount of $500.00 and costs of suit. David R. Galloway '~ I.D. Number 87326 Ten East High Street Carlisle, PA 17013-3093 (717) 243-3341 Attorneys for Plaintiff Date: February 20, 2004 FEDERAL PERKINS LOAJV PROMISSORY NOTE 1. Name (last, first, middle initial) and Permanent Address (street, city, state, zip code) 2. Social SecudtyNumber 3. Da~e of Birl~ 4. Area CodeFTele~one Number 5. Driver's LicenseNumbe~ (Mst state abbrev~aflo~ 6. School Name & Address (street, city, state, zip code) Dickinso~ P.O. Box 1773 Car]i-~le, PA 17013-2896 7. Borrower Status 8. Interest Rate 9. Loan Amount: Period $1400.00 1996--97 TERMS AND CONDITIONS: REQUESTS FOR DEFERMENT, CANCELLATION OR FORBEARANCE - To ~ceive deferment, c~ncellation, or forbearance beneflt~. I must make a written request =or~wer s ~lgn~ure Date: Terms and Conditions (contJ HARDSHIP REPAYMENT OPTIONS - Upon my written request, if I qualify as a Iow-income individual during the repayment period, the school may extend the ~payment period for up to an additional ten (10) yea~ and may adjust any repayment scheduJe to reflect my income. Upon my written repayment pe~od beyond 10 years. GRACE PERIODS - My initial grace period before beginning repayment is 9 months. ]f I am a Less-Than-Half-'~lme Borrower with oclr~nding Fede~ my outstanding loan ia due. If I am a Leas-Than-Half-Time Borrow~ with no outstanding Federal Perkins Loans. my repayment begins the earlier of: 9 than half~Ume student. My payments will t~narne after a post-dafe~rnent grace pe~ind of 6 months that follows deferments that apply to Federal Perkins loam. PREPAYMENT - I may p~epay all or aiay part of my unpaid loan balance. MINIMUM MONTHLY PAYMENT - I wa] make a mmanum monthly repayment of $40 (or $30 ff ] have outstanding Federal Perkins loar~ made before October 1. 1992 that Included the $30 minimum payment option) ff Pedum loans, including tho~e made at other schools. The portion of the FORBEARANCE - Upon making a properly documented written request to the Sec~tary authorizes a period of futhearance due to a naUonal military AmeriCorp~. Integra accrues during any period of forbearame. D]~?ERJ~NTS - Upon making a properly documented writtma request to be liable for any inte~st that might otherwise accrue 1) during any period that graduate fellowship program approved by the Secretary; engaged in graduate CANCELLATIONS - Upon mal~g a properly documented w~tten r~/uest tr~ th~ school, I ann entiderl to bede ~p m 100% of the original principal loan ~notm t of this loan canceled ff I [~fo~rn qualifying serx, ice in the areas listed in paragraphs A. B, C, D and E bd~:~. Qualifying Service must be performed ~ T~aching * a full-time teacher ina public or other nonprofit elernent~y or ~eceodery school, that has been de.hated by the Sec~ta~y in accordance with the l~mom of section 465(a) (2) af the Act as a school with a high e~ocen~aflon of students from lov,.-~come families. An official Directory of de. gritted Iow-income schoob ia pablLxhed annually by the Sec~tary. · a full- t~ne apeeial educaUon teacher in a [mblic or nonprofit elementary or ~ school system. · a full-tim~ teacher, in a public or other nonprofit ~entaty of secondary school ~. who teaches mathemaUcs, science, fon~gn languages, bilingual educati~, or any other field of expertise that is determined by the State Departme~ of Education to have a shortage of qualified teachers in that State. B. Etdy Inte~vention Sen, ices * a fi~-time qualified professional provider of ~ ~ntervention services in a pubbe et other' nonprofit program under public mpe~veOon by a lead agenc~ a~ autharlzed by section $72(2) of the Individu~ with Disabilities Education Act. Eedy Intervention Service~ am provided to C. La~ Enforcement or Cor~ectiom OtBcer * a full-time law enforcement 0atcer for an eligible local, State, or Fecleral law enforcement agency; or * a [u~-time corrections officer for an e~ible local, State, or Federal corrections agency. D. Nurse or Medical Technician * a fuU-time nurse providing health ~ ~ervt~s; or * a full-time medical techeleian providing health care servtces. F Child or Family ;Se~lce Asency * a full-time employee of an eligible public g ~ non-profit chtid or family ~ervtce agency who ia providing or ~0ervising the provialon of services m high-risk children who a~ from low- income communities and the ~ of such chUdi~n. Canceflmlon l~atss - For each comp~e~d year of service under paragraphs A, B. C. D and E a portion of th~ loan ~ be canceled at the foUowing rates: · 15% of the original principal loan ~nount for each of the first and second )~ts; * 20% of the original principalloan amount for each of the thtaxl year ami fourth years; and * 30O/o of the 0e~ principal loan amount for tlw fifth E He~l Smut CanceilaUon - Upon making a properly documented written n~uest to the schnol, I am entided to have up to 100% of tbe original ~ loan amount canceled for qmlffying service pedormed after I receive thelom~ as: * a full-time staff member in the educational component of a Head Start program which is operated for a period comparable to a hill school ye~ and which pays a salary comparable to mi employea of the local educa- ~tinn Rate - For each comple~l year of service under the Head Start Cancellation provision, this loan will be canceled at the rate of 15% of the mtgtnaf principal loan amount. G. Military CancetlaUon - Upon ~ a properly documented written n~est to the school, I am entitled to have up to 50o/6 of the principal amount ~ thia loan canceled for qualifying ~e~dce performed ~ter ! receive the loan ~: * a me~nber of the Armed Forc~ ef the United States in an area of he~lities that qualifle~ for special pay under section 310 of Title 37 of the United States Code. Caeceilation Rate - For each completed year of service under the Military CaecellaUon provision, th~ loan will be canceled at the rate of 12 1/2% of the ~ principal loan ambunt. H. Volumee~ Service Cancallation - Upon making a properly documented val~en request to the school, I am emltbd to have up to 70% of the original principal loan amount of this loan canceled for qualifying service performed after I received the loan as: * a volunteer under the Peace Corps Act: * a volumeer trader the Domestic Volunteer Service Act of 1973 (ACTION prqrams). Cam:ell~tion Rate - For each completed year of s~rvice under the Volunteer Sen~ce Cancellation prov~on, a portion of thia loan will be canceled at the following rate~: · 15% of the original principal loan a~ount for each of the first and second 12-month periods of service; and * 20% of the original principal loan amount for each of the third and fourth 12-month periods of service. I. Death a.nd Disability Cancellation - In the event of my death, the school will cancel the total amount owed on thia loan. If I become permanently and tot~ disabled after I receive this loan, the school will cancel the total amount owed on this loan. 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 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 criminal penalties. Dickinson College Assistant Treasurer of Dickinson College Dated: CERTIFICATE OF SERVICE I, Martha-Anne lben, an authorized agent of Martson Deardorff Williams & Otto, hereby certify that a copy of the foregoing Complaint was served this date by depositing same in the Post Office at Carlisle, PA, Certified Mail/Restricted Delivery, postage prepaid, addressed as follows: Jennifer P. Simmons 40 Rue Du Japon Toulouse, France 31400 MARTSON DEtARDORFF WILLIAMS & OTTO Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: February 20, 2004 DICKINSON COLLEGE, : Plaintiff : JENNIFER P. SIMMONS, Defendant 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. Z(? CIVIL ACTION-LAW jURy TRIAL OF TWELVE DEMANDED P_RAECIPE TO SETTLE AND DISCONTINUE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please mark the above captioned case settled and discontinued and issue a certificate reflecting same. MARTSON DEA~~IAMS Ten East High Street Carlisle, PA 1'7013 (717) 243-3341 & OTTO Date: April 22, 2004 Attorneys for !Plaintiff CERTIFICATE OF SERVICE I, Tricia D. Eckenroad, 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, PA, first class mail, postage prepaid, addressed as follows: Ms. Jennifer P. Simmons 40 Rue Du Japon Toulouse, France 31400 MARTSON DEARDORFF WILLIAMS & OTTO c~a I~. Eck~nroad "') ' Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: Aprli 22, 2004