HomeMy WebLinkAbout04-1162DICKINSON COLLEGE,
Plaintiff
ROBERT B. GASPERINI, SR.,
PATRICIA A. GASPERINI, and
ROBERT B. GASPERINI, JR.,
Defendants
1N THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO.
CWIL 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 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
Dated: March 18, 2004
S & OTTO
Ten East High Street ~
Carlisle, PA 17013
(717) 243-3341
Attorneys for Plaintiff
DICKINSON COLLEGE,
Plaintiff
ROBERT B. GASPERINI, SR.,
PATRICIA A. GASPERINI, and
ROBERT B. GASPERINI, JR.
Defendants
1N THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 0~, ]lb,Z C'~(d~]~.~
CWIL 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. PlaintiffDickinson 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. Defendants, Robert B. Gasperini, Sr. and Patricia A. Gasperini (hereinafter
"Parents"), are adult individuals residing as husband and wife with a last known address of 673 River
Road, Fair Haven, NJ.
3. Defendant, Robert B. Gasperini, Jr. (hereinafter "Student") is an adult individual with
a last known address of 673 River Road, Fair Haven, NJ.
4. On or about September 9, 1991, Parents and Student entered into a Promissory Note
(Note #1) with Plaintiff for the financing of $7,000.00, plus interest, for educational services and
benefits to Student at Plaintiff's institution. A copy of Note #1 is attached hereto as Exhibit "A."
5. Note #1 grants Plaintiff reasonable collection and attorneys' fees which Plaintiffhas
calculated to be $500.00.
6. As of March 8, 2004, the principal and interest due and payable by Parents and
Student to Plaintiff was $1,004.13, plus interest in the amount of $ .15 per day fi.om
January 15, 2004.
7. Parents and Student stopped making monthly payments on Note #1 on or about
January 20, 2003.
8. As of March 8, 2004, the outstanding balance of $1,004.13 represents the total and
actual overdue value of the financing provided to Parents and Student under Note #1 for which they
have yet to pay.
9. Plaintiff fulfilled, performed and complied with all obligations and conditions of Note
#1.
COUNT I
BREACH OF CONTRACT
Dickinson College v. Robert B. Gasperini, Sr., et al
10. Plaintiff hereby incorporates by reference the averments contained in Paragraphs I
through 9 of this Complaint.
1 I. Parents and Student 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 Defendants, Robert B. Gasp erini, Sr.,
Patricia A. Gasperini, and Robert B. Gasperini, Jr., in the amount of $1,004.13, plus interest in the
mount of$. 15 per day from March 8, 2004, collection and attorneys' fees in the amount of $500.00
and costs of suit.
COUNT I!
IN QUANTUM MER UIT
Dickinson College v. Robert B. Gasperinl, Jr.
12. Plaintiffhereby incorporates by reference the avenuents contained in Paragraphs 1
through 11 of this Complaint.
13. Having requested Plaintiff to loan money, and doing so to the benefit of Student,
Student became liable to Plaintiff for said money.
14. Student has been unjustly enriched by accepting said money without paying Plaintiff
reasonable compensation therefor.
15. The total amount by which Student has become enriched is $1,004.13, plus interest
in the amount of $.15 per day from March 8, 2004.
WHEREFORE, Plaintiffdemands judgment against Defendant, Robert B. Gasperini, Jr., in
the amount of $1,004.13, plus interest in the amount of $. 15 per day from March 8, 2004, collection
and attorneys' fees in the amount of $500.00 and costs of suit.
~My~~ff~O TT O
I.Di No. 87326
Ten East High Street
Carlisle, PA 17013-3093
(717) 243-3341
Attorneys for Plaintiff
Date: March 18, 2004
JAN-23-04 FEI
04:30 PM STUDENT ACCOUNTS FAX:7172451850 PAGE
DIOKINSON COI.!.~S~ FLI~I~ FINANCING sYgrt~ - 7000 ~
~TIO~ ~ ~ ~VI~ ~'I'IlL I~ ~
Date
September 9~ 1991
Seller:
Buyer(s);
Dickinson College, Carlisle.
Robert 8. GasperinT, Sr.
7 Orchard Road
Pennsylvania 17013
West Long Branch, NJ 07764
If there is more than one Buyer. ~ach of you will be obligated, jointly and severally.
for all sums due and for the performance of all aCreements as provided in this Contract.
Under the terms of this Educational C<~ds and Services Retail Installment Contract.
you have agreed to pay the expenses incurred for goods and services to be provided arid
rendered, a~ the case may be. to. . Robert 8. Gasperf,i, fir.
(hereir~fter "Student") durir~jhis/her enrollment at DickimsonCollege durir~ the ~991-9~
academic Meat. includirlg tuition, rvoom and board, book~ and supplies as herein stated
hereinafter the "C-oc~s and Services").
The C..-oods and Services shall include only tuition, room and board.
II. TI~qMMOF PAY~NrANDPAYMENTSCHEIIILE
Disclomn~s R~quiredbyFederal Law
Cost of credit as
yearly rate
9.500
FINANCE CHARGE:
Dollar amount
credit will
cost Buyer
4643.78
AMOUNT FINANCED:
lmount of credit
provided blz
Dickinson College
$ 7,000.00
TOTAL OF PAYMENTS:
Amount paid by
5ayer as total of
alt scheduled
payments
$_11,642,78
TOTAL SALE
PRIC~:
Total co~t of
purchase on
credit.
cludin~ down
payment of
$ 12,9~0.00
$ ~9,980.00
EXHIBIT "A" Rev 9/89
JAN-23-04 FRI 04:3I PM STUDENT ACCOUNTS
FAX:7172451850 PAGE
Buyer'~ payment schedule will be as
~,~__her of Payments
141
AmoL~t of Payments
$82.58
When Paym~nt~ are ~
l~onthly commencing 9/28/91
until. 5128103
*Variable Rate:
The ANNUAL PERC]~TACE RATE disclosed above is a variable ~ate and may
cha~3e. The Lk~JAL ~ PATE ma), increase durir~ the term of
this transaction if the prime rate of interest announced in the Wall
Street Journal ~ of the close of lx~iness om June 30 of each
year increases, aI]d will be incre~ to hhe prime rate Dlus 1~. The
ANNUAL FtI~qCEICfAGE RATE wi ] 1 not increase ~re than once a year, and
the new interest rate will ]~ec~mle effectiv~ on July 1 following the
increase, if any, in the prime l~ate of interest. Any increase will
in the form of higher Daym~nt amounts. If you~ cost of %h~ Goods and
Services sold hereundel* wez~e $. 7000.00 at 9.500 · per armum for
141 month~, aha the prime rate pltls 1~ were increased to11~96,
your regular monthly payments w~uld increase to $ ~6.~(~ , Further,
the ANNUAL P]~ P~ ~tJl] ~ i~a~e t;o ~ ~han 1~ o~
other rate as may be parmitt:ed under the Pennsylvania Good~ anti
~rvice~ Installment Sales
If a payment Js more than 15 dals late, a ~um e~uivalen~ to 5~ of tile
late payment (but no more than $2,50 and not 1~5~ than $1.00) may he
charged.
Prepayment:
Buyer may prepay the unpaid balance of the A~ount Financed ~ ~ny
FINANCE ~ due thr~ the date of early payment, in full or in
part, without penalty.
III. ITEF~ZATIONOFAMOUNTFINANC~I~
1, Cash price of C~ods and Services:
2. Total down payment:
3. Unpaid balance of cash price (1 - 2):
4. Jk~<~l~t pa~tl to othe~ on 1~2¥er'~ behalf:
Amount Financed (3 + 4):
19,98o. oo.
12,980.80 ....
7,~.~0
7,000.00
2
JAN-~3-04 FRI 04:31 PA
STUDENT ACCOUNTS
IV.
CREDIT IN~
Credit life instance for %he term of this Contract is not required.
VI. ADDITIOI~ALPROVISION~
Buyer agrees to pay Seller the Total Sale P~5ce by making the total down payment and
pay~rrj Seller the Total of payments in the number and amount of monthly payments shown
in the Pay~le[lt ~hedule. Payments are due on or befoPe tho ~al~e date of each month os
the first payment date.
fol lowing address:
payments must be made to First Wachovia, Inc. at the
First Wachovia, Inc.
P.O. Box ?009~
Charlotte, NC 28272-009§
Buyer's legal rights include the right to pay all or part of the amounts due on this
Contract in advellce of their due dates, to obtain a refulld or credit of u~oarned
Finance O~nrge whenever the amount i~ paid in full in advance, and (with Seller's
consent) to reinstate the Contract if Buyer timely cumes any default.
3. Buyer shall be deemed to have committed an "Event of Default" o~ the Ountl~act uDon the
occurI~nce of any of the following:
(a) failure to make any payment on or before the date it ia clue,
(b) failure to make a payment ~n any other Contract outstanding with Seller.
(o) failure to perform any other provision of the Contract,
(d) providing Seller with.fal~e information or si~natures,
(el de~th, ill°°~°etence, c~ conviction of arly Buyel~ of crime involving fraud
dishonesty,
(fl insolvency or bankruptcy of ~ Buyer.
Upon or after the occurrence of any Event of Default, Seller will grovide Buyer with
notice, by certified Imlil as l~lquired by law, addre~ to Buyer's last ~ ad~
as shown on Seller's records, advising Buyer of the d~fault alld of Buyer's right to
cur~ the default. The notice will provide the time, amount and perf~ necessary
to cur~ the default. If B/yet does not cure the default as [a-ovided in the notice.
Seller's rights shall include the right to declare all sums due on the Contract to be
immediately due and payuble. The Buyer agrees to pay all attorney's fees and other
reasonable collection co,ts and charges necessary for the collect/on of any emount not
paid when due,
Waiver by Seller of any Event of Default shall not be binding upon Sailer if Seller
should thereafter choose to e~ercise that or any other right or a ~imilar Event of
Defaul~ occurs late~. All Seller'~ rights and remedies shall be cumulative. Seller's
exercise of one or more rights shall not cause Seller to lo~e any other rights.
This Contract is freely a~signable by Seller. Buyer ag~ees that upon receiving, notice
of the assignment Buyers hall be obligated to the AsSiffneeof thisContract, which
Assignee ti~hall have all of ~eller's right and remedies.
3
JAN-~3-04 FEI 04:31 PM STUDENT ACCOUNTS FAX:7172451850 PAGE
If any part of this Contract is held to be ille~3al, void or u~enforceable, that
provision shall be deemed not to have been a part of this Contract, which sIlall
otherwise remain fully effective.
APP. LICA]~E LAW: /his Agree~nt, whenever coiled upon to be cor~trtmd, shall De
goverr~l by the domestic irfcernal laws of the Co~mors~ealth of Permsylvania e~cept to
the extent supplemented, superseded or preempted by fedsral law.
CO~ TO J~II~ICTION, VENUE ~D ~ICE: Tha parties to this Agreement c~nt and
agree that all legal ~roceedir¢ ~lating to t~ ~bj~ct mattel- hel~eof shall be
m~intained in the Cou~t of Cc~ PI~ of ~1~ C~ty, ~lv~ia. ~, if
appli~le, ~e ~it~ ~ates Distr/~ ~ of ~e Ni~le Di~ict of Pe~l~ia,
~ all ~les ~to ~nt a~ ~ ~t j~i~io~ a~ ve~e f~ ~ch
~i~ s~ll lie e~l~i~ly within said c~. ~i~ of ~ in ~ ~
~ctive ~y at ~e a~e~ ~t f~ ~.
10. This Contract shall be bindin~ upon the ~arties h~reto, their hairs,
ass~rns and lecja! rep~sentatives,
11. TB{E IS OF ~ ESSENCE OF THIS (It%~Rlfr.
NOTICE TO BUYfI~:' (I) DO NOT BIGN THIS A(~ ~ YOU ~ IT (1~'11: IT (I~N8 ~
I~' SPACE. (2) YOU ~ ~rriTl~D TO I OOHl~l~¥ FU~r~IN O~ OF IRIS ~.
(3) ~ THE LAW, YOU HAVE THE l~I(~rf. TO PAY ~ IN Al)VANCE T~ FUhL AMOUNT UJE ;~ Lr~
C~IN CONDITIONS TO OBI'AIN I PARTIAL I~3ND (F T~ FINAN~ (~,
BUYH~(S) ~Rn~E(f) R~CEIVIN~ A CO~,~r~3 ~ (~ THIS OgNII~ICT A~D I~(S) TO
~ LBSALLY BOU~ BY ITS
I ;%(~IEE TO REPAY ALL ;IR3UNTS ~ ON THIS LOAN IF THE BORROW]~(S)~($) FALLS TO
DO SO IN ACO$~DANCE WITH THE l~ OF IHE NOTE:
DATE:
4
VERIFICATION
I, THOMAS MEYER, Assistant Treasurer of Dickinson College, acknowledge that 1 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 unswom falsification to authorities, which provides that if I knowingly make false
averments, I may be subject to criminal penalties.
Dickinson College
Thomas Meyer
Assistant Treasurer of Dickinson College
Dated:
F:/FILES~DATAFILE~d)ickinsonCollege 7619~DackinsonCollegeCollection 76 9CCurr~234 p a Nmi
Created 10/10/020246:50PM
Rcvlscd 05/06/0403:1654 PM
7619¢234
DICKINSON COLLEGE,
Plaintiff
ROBERT B. GASPERINI, JR.,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLANVD COUNTY, PENNSYLVANIA
NO. 041162
CIVIL ACTION-LAW
JURY TRIAL OF TWELVE DEMANDED
PRAECIPE TO DOCUMENT SERVICE AND COST OF SERVICE
PURSUANT TO 'I'HE PENNSYLVANIA LONG ARM STATUTE
I hereby certify that a copy of the Complaint was served on Defendant Robert B. Gasperini,
Jr., by the Mammoth County Sheriff' Department of Freehold, NJ on April 21, 2004.
Attached is the Affidavit of Service dated April 27, 2004, and cost of service was $52.76.
MARTSON DEARDOI~F WILLIAMS
David R. Galloway, E~ire 1
I.D. No. 87326
Ten East High Street
Carlisle, PA 17013-3093
(717) 243-3341
& OTTO
Date: May 6, 2004 Attorneys for Plaintiff
Monmouth County Sheriff's Office
Joseph W. Oxley, Sheriff
50 East Nain Street, Freehold, N3 07728
732-431-7145 FAX 732-294-596!5
Sheriff'~ File Number:
SNO 04001890
AFFIDAVIT OF SERVICE
Court Docket #: 041162
Dickinson College
VS.
Robert B.Gasperini, Sr., Patricia A. Gasperini, and
Robert B. Gasperini, Jr.
In the Court of Common Pleas of
Cumberland ,County
Pennsylvania
Civil Action-Law
I, Joseph W. Oxley, Sheriff of Monmouth County, do hereby deputize WJilliam Ryan, and appoint him to be my
Deputy to execute and return the within Notice & Complaint.
SERVICE INFORMATZON (~ ~* O~
On 4/21/2004 at 10:00AM at 673 River Road, Fair Haven, NJ 07704, deponent served the within on Robert B.
Gasperini, Jr., the defendant named therein, in the following manner:
ALTERNATE PERSON SERVED
By delivering to and leaving w/th Mrs. R. Gasperini, Jr. wife of Robert a true copy thereof, a person over the age of
fourteen. Said address was the dwelling place of the defendant.
DESCRIPTION
The person served was approximately: Skin Color: white, Hair Color: black, Gender: female Height: 5' 2" Weight: 110
Age: late 20's
Deputy Notes:
Fees Received from Attorney: Mileage ($5.76), Second Defendant ($20.00), Return of Service ($2.00), Out of State Paper ($25.00) Total
Charges $52.76
Attorney Name: Martson DeardorffWilliams & Otto, 10 E High StreetCarlisle, PA 17013 ~
S/w. ~rn t~e fore me ,~~~,~~~
~ ' ~''~ ' ~55'd WilliamRyant ~ 6623
N6tary Pubfic ~ ~ , ~ ...... -~ -
~ su ~ ~ '* ~ tJeputy ~nenl:l~ Badae Number
~ ~ ,. 2.5
CERTIFICATE OF SERVICE
I, Jean M. Taylor, an authorized agent ofMartson DeardorffWilliams & Otto, hereby certify
that a copy of the foregoing Affidavit of Service was served this date by the Mammoth County
Sheriff' Department of Freehold, NJ on April 21, 2004., addressed as follows:
Robert B. Gasperini, Jr.
673 River Road
Fair Haven, NJ 07704
MARTSON DEARDORFF WILLIAMS & OTTO
Jean~. Taylor
TerbEast High Street'
Carlisle, PA 17013
(717) 243-3341
Dated: May 6, 2004
DICKINSON COLLEGE,
Plaintiff
ROBERT B. GASPERINI, SR.,
PATRICIA A. GASPERINI, and
ROBERT B. GASPER1NI, JR.,
Defendants
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
:
NO. 04-1162
CiViL ACTION-LAW
JURY TR/AL OF TWELVE DEMANDED
PRAECIPE TO SETTLE, DISCONTINUE & END
Plaintiff requests the above-captioned matter be marked settled, discontinued and ended.
Date: June 14, 2004
MARTSON DEARDOP~ WILLIAMS & OTTO
I. D. Number 87326 \
Ten East High Street
Carlisle, PA 17013
(717) 243-3341
Attorneys for Plaintiff
CERTIFICATE OF SERVIC.~E
I, Niehole L. Myers, an authorized agent ofMartson Deardorff Williams & Otto, hereby
certify that a copy of the foregoing Praecipe was served this date by depositing same in the Post
Office at Car/isle, PA, first class mail, postage prepaid, addressed as follows:
Mr. Robert B. Gasper/n/, Jr.
673 River Road
Fair Haven, NJ 07704
Mr. Robert B. Gasper/n/, Sr.
Mrs. Patricia A. Gasperini
673 River Road
Fair Haven, NJ 07704
Dated; June 14, 2004
MARTSON DEARDORFF WILLIAMS & OTTO
chole L. Myers ~'67~°aa~-~
Ten East High Street
Carlisle, PA 17013
(717) 243-3341