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HomeMy WebLinkAbout04-1627DICKINSON COLLEGE, Plaintiff BRANDEE J. IDLEMAN, f/k/a BRANDEE J. CARSON, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. oq-& 0,;,:1 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 aRer 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: MARTSON DEARDORF~_WILLIAMS & OTTO B I. D. Number 87326 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff DICKINSON COLLEGE, Plaintiff BRANDEE J. IDLEMAN, f/kJa BRANDEE J. CARSON, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04- 7 CWIL ACTION-LAW JURY TRIAL OF TWELVE DEMANDED COMPLA/NT AND NOW, conies 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 principal place of business at West Street, Post Office Box 1773, Carlisle, Cumberland County, Pennsylvania 17013. 2. Defendant Brandee J. ldleman, formerly known as, Brandee J. Carson (hereinafter "Student"), is an adult individual with a last known address of 4123 Lake Tahoe Cimle, West Palm Beach, Florida. 3. On or about May 4, 1998, Student entered into a Promissory Note (Note #I) with Plaintiff for the financing orS 1,030.00, plus interest, for educational services and benefits to Student at Plaintiff's institution. A copy of Note #1 is attached hereto as Exhibit "A." 4. On or about May 10, 2000, Student entered into an additional Promissory Note (Note #2) with Plaintiff for the financing of $20,563.03, plus interest, for educational services and benefits to Student at Plaintiff's institution. A copy of Note #2 is attached hereto as Exhibit "B." 5. The collective principal balance for Note #1 and Note #2 is $21,593.03. 6. Note #1 and Note #2 grant Plaintiffreasonable collection and attorneys' fees which Plaintiffhas calculated to be $3,238.95. 7. As of March 30, 2004, the principal and interest due and payable by Student to Plaintiff was $21,303.34, with interest accruing thereafter in the amount of $2.62 per day. 8. Student stopped making monthly payments on Note #1and Note #2 on or about February 6, 2002. 9. As of March 30, 2004, the outstandingbalance of $21,303.34 represents the total and actual overdue value of the financing provided to student under Note #1 and Note #2 for which Student has yet to pay. 10. Plaintifffulfilled, performed and complied with all obligations and conditions of Note #l and Note #2. COUNT 1 BREACH OF CONTRACT Dickinson College v. Brandee J. Idleman, f/k/a Brandee J. Carson 11. Plaintiff hereby incorporates by reference the averments contained in Paragraphs 1 through 10 of this Complaint. 12. Student breached the expressed and implied obligations, conditions and terms of agreement of Note #I and Note #2 by failing to pay the amounts financed therein. WHEREFORE, Plaintiff demands judgment against Student in the amount of $21,303.34, plus interest in the amount of $2.62 per day from March 30, 2004, collection and attorneys' fees in the amount of $2,841.55 and costs of suit. COUNT II IN QU.4NTUM MERUIT Dickinson College v. Brandee J. Idleman, f/Ma Brandee J. Carson 13. Plaintiff hereby incorporates by reference the averments contained in Paragraphs 1 through 12 of this Complaint. 14. Having requested Plaintiff to loan money, and doing so to the benefit of Student, Student became liable to Plaintiff for said money. 15. Student has been unjustly enriched by accepting said money without paying Plaintiff reasonable compensation therefor. 16. The total amount by which Student has become enriched is $21,303.34, plus interest in the amount of $2.62 per day from March 30, 2004. WHEREFORE, Plaintiff demands judgment against Student in the amount of $21,303.34, plus interest in the amount of $2.62 per day from March 30, 2004, collection and attorneys' fees in the amount of $2,841.55 and costs of suit. Date: MARTSON DEARDORFF WILLIAMS & OTTO Ten East High Street Carlisle, PA 17013-3093 (717) 243 ~3341 Attorneys for Plaintiff NOV-I?-03 ~ON 11:28 AM STUDENT AOCOUNT8 FAX:7172451850 DICKINSON COLLEaE CARLISLE, PA 17013-2896 (717) 245-1383 Date: May 4, 1998 I hereby acknowledge receipt from DICKINSON COLLEGE of a loan in the amount of .O~onsand Thirty Dollars ($1,030.00) which is hereby applied on my Collegeaccount for the Summer 98 Immersion Program. I agree to repay Dickinson College according to the following plan: Interest Interest shall accrue from the first of the month following the month in which I graduate or cease to matriculate at DicKinson College, and shall be at the ANNUAL PERCENTAGE RATE OF 6 percent interest on the unpaid balance. Interest will accrue on a daily basis. II. Repayment I promise to repay thc principal and the interest which accrues on it over a period beginning six months after the date I graduate or cease to matriculam at Dickinson College_ I will repay in equal monthly installmenu with a minimum monthly payment of $40,00 (which includes both principal and interest), and a maximum repayment period of five years (60 months). I real~ that the College is under no obligation to grant deferments during the course of me repayment period. III. Default If I fail to make a scheduled repayment of any installment, the entire unpaid indcbtedness including interest due and accrued thereon, plus any applicable penalty cha~ge, will, at the option of Dickinson College, become immediately due and payable. I understand that if i default on my loan repayments that Dickinson College may disclose that I have defaulted, along with other relevant information, to credit bureau organizations. IV. Penalty Charge If I fail to make timely payment Of all or any part of a ~heduled installment, I promise to pay the charge assessed against me by Dickinson College. No charge may exceed $1.00 for the first month or part of a month by which the installment is late, and $2.00 for each month or part of a month thereafter. I promise to pay all attorney's fees and other reasonable collection costs and charges necessary fro' the collection of any amount not paid when due. Student Signature. Brandee Carson Social Security Number 565-65-51.~2.. EXHIBIT "A" STUDENT ACCOUNTS FA×:7112451850 TRUTH-IN-LENDING STATEMENT DICKINSON COLLEGE INSTITUTIONAL LOAN Address Brandee Carson ll31South Prince Street Palmyra~ PA 17078 PErCenTAGE RATE The cost of your credit as a yearly AI{OUNT F~NANCXD The amount of cra~it pr ovide~ ~o you. Prior to During repayman£ repayment 0 Z 6 % $ 1,030.00 Late If a payment is lace, you may be charged: $I.00 for the first late payment, asd $2.00 for each subsequen~ late paymmnt ii ~h~s loan is payable monthly, $3.00 for each late payment if this loan is payable bimonthly, $6.00 for each late payment if this loan is payable quarterly. Prepayment: If you pay off early, you rill mot have to pay a penalty. See your promissor7 note for any additional information about nonpayment, fault, any required repayment in ~ull before the scheduled date, and pre- payment. TH~ BORR0~R ACKNO~ZDGE$ P.~CEIPT OF AN EXACT COPY OF THIS STATEMENT. STUDENT INSTITUTIONAL REP P.E$ ENTATIV~ DATE NOV-17-03 MON 11:28 AM ~TUDENT ACCOUNTS FAX: 71724618~© PAGE 5 DICKINSON COLLEGE FLEXIBLE FINANCING SYSTEM - PLAN B EDUCATIONAL GOODS AND SERVICES RETAIL INSTALLMENT CONTRACT May l0,2000 Seller: Dickinson College, Carlisle, Pennsylvania 17013 2896 Buyer(s): Brandee J. Carson 152 W. Louther Street Carlisle, PA 17013 If there is more than one Buyer, each of you will be obligated, jointly and severally, for all sums due mad for the ~erformance of all agreements as provided in this Educational Goods and Services Retail Installment Contract,(the Contract"). Under the terms of this Contract, you have agreed to pay the expenses incurred for Goods and Serv/ce.q (as ereinaffer defined) to be provided and rendered, as the case may be, to Brandee Carson (hereinafter "Student") during is/her enrollment at Dickinson College during the 2000 academic year, including tuition, room and board, books and .tpplies as herein stated (collectively the "Goods and Services"). Il. TERMS OF PAYMENT AND PAYMENT SCHEDULE Disclosures Required by Federal Law ANNUAL FINANCE AMOUNT TOTAL OF TOTAL SALE PERCENTAGE CHARGE: FkNANCED: PAYMENTS: PP,-ICB: RATE:* Dollar amount Amount of credit Amount paid by Total cost of Cost of credit as credit will provided by Buyer as total purchase on yearly rat~ cost buyer Dickinson College of all scheduled credit, including payments down payment of 8.75 % $ 9,978.6l $ 20,563,03 Rev 10/99 $ 30,541.64 $ 9,171.97 $ 29,735.00 EXHIBIT "B" NOV-17-03 M0N il :28 STUDENT ACCOUNTS F^X:71724518~0 Carson Buyer's payment schedule will be as fbllows: ?AGE Number of Payments 116 Amount of Payments $ 263.29 When Payments are Due Monthly commencing 06/28/00 untiI 06/28/09 *Variable Rate: The initial ANNUAL PERCENTAGE RATE disclosed above is a variable rote and may change(increase or decrease) from time Go time. The ANNUAL PERCENTAGE KATE may incres~e or decrease during the tean of this transaction if tl~e prime rate of'interest announced in the .Wall Street Journal as of the close of business on June 30 o£each calendar year increases or decreases, and will be increased or decreased to the pr/me rate plus i%. The ANNUAL PERCENTAGE RATE will not increase, or decrease, more than once a year, and the new interest rate will become effective on ~uly I following the increase or decrease, if any, in the prime rate o£interest. Any increase will be in the form of higher payme~t mounts. Ir'your cost of the Goods and Services sold hereunder were $20,563.03 at 8.75% per annum for 116 months and the pr/me rate plus 1% were increased to 9.75%, your regular monthly payments would increase to $274.41. Further, the ANNUAL PERCENTAGE RATE will not increase to more than 1.8% or such other rate as may be permitted under Pennsylvania/aw. ,ate Charge: If a payment is more than 15 days late, a sum equivalent to 5% of the late payment; (but no more than $2.50 and not less than $I.00) may be charged. repayment: Buyer may prepay the tmpaid balance of the AMOUNT FINANCED and any FINANCE CHARGE due through the date of early payment, in fall or ku art, without penalty. SECTION' Vt OF THE CONTRACT BELOW FOR ANY ADDITIONAL INFORMATION ABOUT NON- A. YMENT, DEFAULT AND PdEQL~RED REPAYMENT BEFORE THE SCHEDULED DATE FOR EPAYMENT OF THE AMOUNT FINANCED. BI. iTEMIZATION OF AMOUNT FINANCED C~h pr/ce of Goods and Services: $ Total down payment: Unpaid balance of cash price (1 - 2): Amount paid to others on Buyer's behalf: Amount Financed (3 + 4): $ 29,735.00 9,171.97 20,563.03 ~0- 20,563.03 2 NOV-17-0~ M0N 11:29 ~q STUDENT ACCOUNTS FAX:71724SJS50 iV. CP.E~IT 12q~URAbrCE PAGE 7 Credit life insurance for thc term of tltis Contract is not required. V. NO WARi~ANTIES THi~fUt ARE NO W~P-~N'rIF.,S, BITI~R EXPRESSED OR ~, ~I~N BY SELL~ ~ CO~ON W~ S~ O~ ~E GOODS ~ 8~vI~s CO.RED BY ~ CONT~ ~ESS ~R ~S BEEN G~N A SEP~ ~ W~NTY. vi. ADDITIONAL PROVISIONS Buy~ a~ees to pay Seller the Total Sale Price by mak/ng the total dow~ payment und pa~ng Scl/on the Total ofPay~ents/n the number ~ud amount of monthly paymemS shown/n the Paym~ $chedu/e. Paymenm are due on or before the s~ date of ceeb month as the ~stpayment date. Payments must be ~de to EF(~ Tenhnolog~e% Inc. at the following address: EI:G TecJ~nologie~, Inc. Box 2901 W/nston-Ss/ern NC 27102 Buyers legal rights include the Hght to pay all or pm-~ of the ~noun~s due on ~ Con~'a¢~ ~. adwnce of the/r due d~tes, to obtain a refund or credit of unearned i;inauce Charge whenever the amount is paid in ful/~n adva/lce, ~u~d (wffh Seller's eor~ent) to to/rotate ~he Contract if Buy~ timely cures My defatdt. 3. Buyer shall be deemed to have conomBted an "Event of Defan/t" of the Cont:~act upon the occurrence of stay of the follovang: (a) (d) (e) failure ~o rn~ke any payment on or before the date it is due, failure to make a payment on any other Cou~sct outstand/ng w/th Se/let, failure to perform any other prey/sion of the Cont~ac~ providL~g Seller w~th false haforma6on or signatures, death, incompetence, or convict/on ~fauy Buyer of crime/nvolv*bag f:aud or dishonesty, insolvency or bankruptcy of any Buyer. Upon or afl:er ~e occurrence of~ny Event of Defaulk Seller will prey/de Bu7e~ w/th nod. cc, by certified mai/~ reqmred by ad~lrsssed to Buyer's last k~own address as shown on Sellers records, advising Buyer of the default ~n~l of Buyer's ~ght ~o cum the default The not/ce w~ll provid~ ~e ~ae, amount and petformar~e necessary to cure the defauk If Buyer does not cure default as prey/deft/.o, the notice, Sellers rights shaR hmlude the right to declare a2~ sums due on the Contract to be immediately due a~ payabte. The Buyer agrees to pay ~lI attorney's ~hc~ and other reasonable collection costs and charges necessary for dm oo~/ent/on of any anaount not paid when due. Waiver by Seller of any Event of Default sba/1 n~t be binding upon SeiZer if Sellar should the. reaRer choose to excrete flaas or any other right or a s~n, iI~r Event of Default oceur~ later. ~ SoBer% r/ghts mad remedies sh~ll be cumulative. SeRefs exercise of~ne or more rights shall not cause Seller to lose any other r/g/am. Tn/s Contract is freely assignable by Seller. Buyer agree~ ~hat upon rceeiv/ng notlcc of the assignment Buyer shall be obhgntcd to Assignee of ~/s Con,tact, which Assignee shal] have ali of Sefler's r~ghr and remedies. If any part of this Con.ac: is held to be illegal, void or tme~ffOrCeable, that prey/sion shush be dec,ned not to have been a part of · is Con.act, which sh~l otherWise rema/n fury effective_ NOV-17-03 M0N 11:29 A~f STUDENT ACCOUNTS FAX:?l?2451BS0 PAGE 8 APPLICABLE LAW: Tlm Agreement, whenever ealle~ upon ~o be construed, shall be governed by ~e domestic internal law of fl~e Commnnwealt~ of Pem'~sylvania e~cept to the extent ~upplemented, superseded or preempted by feder~l law. CONSENT TO JURISDICTION. VEH W, AND SERVICE: The parl~es to tb5~ Agreement ¢oment and agree tl~t ~.lI legal proceedingc relating to th= subject ma~er hereofs~iI be mahatained in the Court of Common Pleas of Cumberlaa~t ComaW, Pennsylvania. or, if applicable, the Uui£ed States Dia~ct Cour~ of the Middle Dis~ict ofpem~ylv~aa, and all pm-~ie~ hereto co~sent and agree that jurisdletion a~d venue for such proceedings shall lie exclusively wi~hi~ said court. Servioe ofl~'oees$ in any ,uch proceeding may be made by certified mail, reaun xeceipt requested, ditecmd to r~e respec~ve par~ at fl~e addreas set forth above. 10. TNs Contract ihaI1 be binding upon ~e parties hereto, their heirs, s~ccessors, assigns and legal tei:w~entafives. 11. TIME rS OF THE ESSENCE OF THIS CONTRACT. NOT'fCE: ~ HOLDER OF THIS CONSUMER CREDIT CONTRACT IS SUB3ECT TO ALL C'LA.I~S AND DEFENSES WI-IICH Tt[E DEBTOR COULD ASSERT AGAINST THE SELLER OF GOOD~ OR SERV'fCES OBTAINtiD PURSUANT 12I~RETO OK WJTlq THE PROCEEDS HEREOF. P,~COV~RY HER.EUNDER BY THE DEBTOR SHALL NOT EXCEi~SD AMOUNTS P~ BY ~ DEBTOR ~E~ NOTICE TO BUYER; (I) DO NOT SION THIS AOREEMENT BEFOR]~ YOU RJSAD IT OR ~ IT CONTAINS AN~ BLANK SPACE. (2) YOU ARE ENTITLED TO A COM. PLETELY I:'ILLED./N COPY OF THIS AOREBMBNT. (3) UNDtiR ~ LAW, YOU IgAVB TttE R/O/xvt TO PAY OFF iN ADVANCE TH~ FULL AMOUNT DUE AND UNDEP, CERTAD¢ CONDITIONS TO OBTAIN A PARTLAL REFLrND OF THE FINANCE CHAROB, BUYER(S) ACKNOWLEDGE(S) REC~WINO A COMPLETED COPY OF THIS CONTRACT AND INTEND(~ TO BE LEOALLY BOUND BY ITS T~RMS. [ AGREE TO REPAY ALL AMOUNTS DUE ON THIS LOAN Ii-' THE BORROWER(S)/BUYER(S) FALL~ TO DO SO IN ACCORDANCE WITH TttE TERMS OF TI-iE NOTE: c r v5' DATE: DICKINSON COLL~iG'E -oo BY. d 4 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 unswom falsification to authorities, which provides that if I knowingly make false averments, I may be subject to criminal penalties. Dickinson College Thomas .Meyer~~'g~ Assistant Treasurer of Dickinson College Dated: DICK/NSON COLLEGE, Plaintiff BRANDEE J. IDLEMAN, f/kda BRANDEE J. CARSON, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-1627 CWIL ACTION-LAW JURY TRIAl_, OF TWELVE DEMANDED PRAECIPE Please file the attached Affidavit of Service in the above-captioned action. MARTSON DEARDORFF WILLIAMS & OTTO Ten East High Street Carlisle, PA 17013 (717) 243-3341 Date: July 20, 2004 Attorney for Plaintiff County Court State of mvlxnxtqvl.Va~T A DICKIN~C~ COLL~GE Plaintiff BRANDEE J IDI~I~ FKA BRANDEE J CARSON Defendant f~N~ pT,FA,q Affidavit of Service STATE OF FLORIDA COUNTTy OF PALM BEACH CITY OF WEST PALM BEACH D/S S. Smith of the Sheriffs Office of Palm Beach County, being duly sworn, deposes and says that he/she is not a part to this action and he/she is over eighteen years of age; that he/she is a resident elector of the County o£Palm Beach County. State of Florida: T~i~~)t on b/24/2004 at ~716bi'I deponent served the following COPY OF NOTICE & COPY & COPY OF on BRANDEE J IDLDV[~q FKA BRANDEE J CARSON defendant therein named. __PERSONALLY by personally delivering to and leaving with said defendant a tree copy thereof, and that he/she knew the person so served to be the person mentioned and described in the above documents. × SUBSTITUTE by delivering a tme copy thereofto and leaving with BI.r~h AS HUSB/UqD a person of suitable age (above the age 15 years) at his/her usual place of abode, and informing the person of the contents thereof(as defined in F.S. 481.031(1). CORPORATION by delivering to and leaving with of the: Corporation at given address. OTHER/SUPPLEMENTAL INFORMATION EDWARD W. BIELUCH, SHERIFF D' 7S~. Smit~-~2598 This notary and the sworn Deputy Sheriff are both employed by the Palm Beach County Sheriff's Office Sworn to before me this 6th day,*t9 ~ul~_y~A.D. 2004 a ~fi~¢~-~P al m Bea c~l~t,l~l o tiC -' ~e~e ) {$ ~Xxon~ ~ ~l~c ~ Dixon:~g ~ MY COMMISSION ~ DD ~6725 CERTIFICATE OF SERVICE I, Jean M. Taylor, an authorized agent of Martson DeardorffWilliams & 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. Brandee J. Idleman, f/k/a Ms. Brandee J. Carson 4123 Lake Tahoe Cimle West Palm Beach, FL 33409-7876 MARTSON DEARDORFF WILLIP~vlS & OTTO By/~r~-~ )7 Jea~ ~Vl. Taylor Teh/East High Street Carlisle, PA 17013 (717) 243-334l Dated: July 20, 2004 F:kFILES/DATAFILEkDickinson College 7619kDickinsonCollegeColIect ions 76190,Ar chive/231 pra2/nlm Create& 7/13/04 8:30AM DICKINSON COLLEGE, Plaintiff BRANDEE J. IDLEMAN, f/k/a BRANDEE J. CARSON, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-1627 CIVIL ACTION-LAW JURY TRIAL OF TWELVE DEMANDED PRAECIPE TO SETTLE, DISCONTINUE & END Plaintiff requests the above-captioned matter be marked settled, discontinued and ended. MARTSON DEARDORFF WILLIAMS & OTTO By I. D. Number 87326 ~ Ten East High Street Carlisle, PA 17013 (717) 243-3341 Date: August 17, 2004 Attorney for Plaintiff CERTIFICATE OF SERVICE I, Nichole L. Myers, an authorized agent of 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. Brandee J. Idleman, f/k/a Ms. Brandee J. Carson 4123 Lake Tahoe Circle West Palm Beach, FL 33409-7876 MARTSON DE,MLDORFF WILLIAMS & OTTO Nichole L. Myers 0 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: August 17, 2004