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Home My WebLink About10-4483r IN THE COURT OF COMMON PLEAS OF F':. F CUMBERLAND COUNTY, PENNSYLVANIA '?? TEa r ??Y SLM FINANCIAL CORPORATION 2QlQ ?_? - i ?` I L CIVIL ACTION 12061 Blumont Way Reston, VA 20190 vs. Plaintiff STEPHEN R ST 630 CEDAR RIDGE LN MECHANICSBURG PA 17055-4414 Defendant Clrl _'_ UN TY F L. J. NO: NOTICE TO DEFEND 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 to Defend are served, by entering a written appearance personally or by an 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 plaintiff. 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. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ON AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT REDUCED FEE OR NO FEE. MIDPENN LEGAL SERVICES 401 EAST LOUTHER STREET CARLISLE, PA 17013 717-243-9400 0 #Aa.oo Pd ATN c-F WP6 e,* atjq-?s9 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SLM FINANCIAL CORPORATION CIVIL ACTION 12061 Blumont Way Reston, VA 20190 Plaintiff vs. STEPHEN R ST 630 CEDAR RIDGE LN MECHANICSBURG PA 17055-4414 NO: Defendant COMPLAINT Plaintiff, Salle Mae, Inc. Administrator and agent for SLM Education Loan Corporation, by and through its attorneys, Edwin A. Abrahamsen & Associates, P.C., complains of the Defendant as follows: 1. Plaintiff, Salle Mae, Inc. Administrator and agent for SLM Education Loan Corporation, (hereinafter "Plaintiff') is a Pennsylvania corporation with a principal place of business located at 12061 BLUMONT WAY RESTON, VA, 20190 2. The Defendant STEPHEN R ST (hereinafter "Defendant") is an adult individual residing at 630 CEDAR RIDGE LN MECHANICSBURG PA 17055-4414. 3. The defendant, for valuable consideration received, executed and delivered to plaintiff a promissory note for the payment of tuition under the terms of which the defendant promised to pay to the plaintiff consecutive monthly payments under the terms and conditions set forth in the promissory note. t 4. Contrary to the terms of the aforesaid promissory note, the defendant failed to make the required payments when due as a result of which the unpaid balance of $22,240.91 became due and payable. 5. As a result of defendant's default, defendant is indebted to plaintiff in the amount of $22,240.91. 6. Plaintiff has made demand upon the defendant for payment of the amount due but the defendant has failed and refused and still refuses to pay the said sum of any part thereof. WHEREFORE, Plaintiff requests judgment in its favor and against Defendant in the amount of $22,240.91 plus costs of suit and any other relief as the Court deems just and appropriate. Edwin A. Abrahamsen & As c`. Michael F. Ratchford, Esqu' e Heather K. Woodruff, Esq ire Attorney I.D. Nos.: 8628 /207805 120 North Keyser Ave. Scranton, PA 18504 mratchford@eaa-law.com hwoodruff@eaa-law.com Phone: 570-558-5510 Fax: 570-558-5511 VERIFICATION I, Michael F. Ratchford, attorney for Plaintiff, Salle Mae, Inc. Administrator and agent for SLM Education Loan Corporation, am fully familiar with the facts set forth in the within Complaint and am authorized to make this Verification on behalf of Plaintiff. I Verify that the facts set forth in the within allegations are true and correct to the best of my knowledge, knowing that any false statements are punishable by law pursuant to 18 C.S.A. 4904. SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff ~ ` ,•,, 9f ~;u,ufr ~~ ~_ -, Jody S Smith ~°~1~ ~r''"'+~ Chief Deputy Z~ ~ ~ .~.., } G its _ zG Richard W Stewart Solicitor ~~~.:~ ~F~-,.G ~~~.,,:. G'J~.~~~`.~_:_. ' ~ ~~" ~Lil,r ~ SLM Financial Corp. Case Number vs. Stephen R. St 2010-4483 SHERIFF'S RETURN OF SERVICE 07/08/2010 06:14 PM -Amanda Cobaugh, Deputy Sheriff, who being duly sworn according to law, states that on July 8, 2010 at 1814 hours, she served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Stephen R. St now known as Stephen R. St.Onge, by making known unto himself personally, at 630 Cedar Ridge Lane, Mechanicsburg, Cumberland County, Pennsylvania 17055 its contents and at the same time handing to him personally the said true nd correct copy of the same. A A DA C BAUG , DEP SHERIFF COST: $37.00 July 09, 2010 SO ANSWERS, -~---- RON R ANDERSON, SHERIFF ,r,) Count,Swle Sherdf. Teiecsoft. li?<:. r IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA SLM FINANCIAL CORPORATION 12061 BLUMONT WAY RESTON, VA 20190 VS. STEPHEN ST. ONGE (SIC) 630 CEDAR RIDGE LANE MECHANICSBURG, PA 17055-4414 CIVIL ACTION ~' NO 10-4483 ~ ~ L > T' . r W ~ C..~ -r C-_.j r~ r ~ ~ ~ ~,Y ~ t,.. _..~ c ~ ENTRY OF APPEARANCE To the Prothonotary: Please enter my appearance on behalf of Stephen St. Onge, Defendant in the above matter. Date: ~ ,~ /~ ichael S. Travis 3904 Trindle Road Camp Hill, PA 17011 717-731-9502 mst@mtravis/aw.com Attorney for Defendant ./ IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA SLM FINANCIAL CORPORATION 12061 BLUMONT WAY RESTON, VA 20190 CIVIL ACTION NO. 10-4483 vs. STEPHEN ST. ONGE (SIC) 630 CEDAR RIDGE LANE MECHANICSBURG, PA 17055-4414 CERTIFICATE OF SERVICE I certify that a true and correct copy of the foregoing document was served on the below persons by first class U.S. Mail, postage prepaid: Edwin A. Abrahamsen & Assoc 120 North Keyser Ave Scranton, PA 18504 ~// chael S. Travis 3904 Trindle Road Camp Hill, PA 17011 Attorney for Defendant ~a IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA SLM FINANCIAL CORPORATION 12061 BLUMONT WAY )CIVIL ACTION c~ ^~ RESTON, VA 20190 ) c- _ NO. 10-4483 _ _~ ,..'~. ~ c ~ =~' - . ~, ~ ~~ ~' STEPHEN ST. ONGE (SIC) ) `' ~ ~., ~ ~ 630 CEDAR RIDGE LANE ) ' ` ~ . W :: MECHANICSBURG, PA 17055-4414 ) . f :~ W ~.. „ ANSWER TO COMPLAINT Now comes the Defendant, Stephen St. Onge, by and through the office of the below signed counsel, and answers the Complaint of SLM Financial Corporation as follows: 1-3. Admitted on information and belief. 4. Admitted in part, denied in part. The Defendant made some payments under the terms of the loan agreement. It is denied that the Defendant failed to make all loan payments or that the total amount due is $22,240.91. 5. It is denied that the Defendant is indebted in the amount of $22,240.91; the Defendant disputes the interest rate calculation of the debt claim. Strict proof of the amount of principal and interest due under the Note are demanded at the time of trial. 6. Denied. It is denied that the Plaintiff has made demand for payments and the Defendant refused and still refuses to the said sum of any part thereof (emphasis added). By way of further answer, the Defendant would agree to pay the actual amounts due under the Note with correct interest rates applied. WHEREFORE, the Defendant prays this Honorable Court to dismiss the complaint and grant such other relief as the Court deems just and proper. NEW MATTER AFFIRMATIVE DEFENSES HOLDER RULE DEFENSES 7. The statements contained in paragraph 1-6 are incorporated as if set forth in full herein. 8. The Promissory Note is a loan supplying purchase money goods and services, which preserves the Defendant's ability to raise the claims and defenses from the Seller's misconduct. See 16 C.F.R. § 433.2(a)(1998). 9. The educational loan in question was for attendance at the program "Microsoft Networking Professional Program, MCSE Certification Training." Hereinafter "MNPP". 10. The Lender SLM Financial Corporation delegated to the MNPP substantial functions or responsibilities normally performed by the lender before making loans. 11. Defendant attended classes, applied himself, received various certificates but was unable to complete MCSE Certification. 12. The Plaintiff had a referral relationship with the Microsoft Network Professional Program. 13. The school was deficient, for the following reasons, which included but are not limited to: a. Classes were poorly organized; b. Computers failed to work properly; c. The classrooms had to be moved and the students were expected to move the classrooms and machines; d. Certificates were issued to persons who merely attended the class but were not expected to perform any real skills or functions needed to obtain MCSE certification. 14. The Defendant failed to "benefit" from the education offered under 34 C.F.R. §§ 600.11. 15. The school in question is subject to a consumer protection lawsuit by the Pennsylvania Attorney General following an abrupt closing in December of 2009. 16. The defendant cannot obtain any job opportunities or placement as discussed in the Enrollment Agreement because the school is closed. 17. The debt should be deemed discharged as no real benefit was provided, thus the services offered were fraudulent. WHEREFORE, the Defendant prays this Honorable Court to dismiss the complaint and find the debt discharged and grant such other relief as the Court deems just and proper. NEW MATTER AFFIRMATIVE DEFENSES COMMON LAW CONTRACT DEFENSES 18. The statements contained in paragraph 1-17 are incorporated as if set forth in full herein. 19. The promissory Note singed on May i 1, 2001 provides the following notice: ANY HOLDER OF THIS CONSUMER CREDIT CONTRACT IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH THE DEBTOR COULD ASSERT AGAINST THE SELLER OF GOODS OR SERVICES OBTAINED PURSUANT HERE TO (SIC) OR WITH THE PROCEEDS HEREOF. RECOVERY HEREUNDER BY THE DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR HEREUNDER. 20. Plaintiff is the holder of the Note. 21. The sums lent under the Note were to attend classes for the Microsoft Networking Professional Program, MCSE Certification Training. 22. Defendant attended classes, applied himself, received various certificates but was unable to complete MCSE Certification. 23. The school was deficient, for the following reasons, which included but are not limited to: a. Classes were poorly organized; b. Computers failed to work properly; c. The classrooms had to be moved and the students were expected to move the classrooms and machines; d. Certificates were issued to persons who merely attended the class but were not expected to perform any real skills or functions needed to obtain MCSE certification. 24. The Defendant failed to "benefit" from the education offered. 25. The school in question is subject to a consumer protection lawsuit by the Pennsylvania Attorney General following an abrupt closing in December of 2009. 26. The Defendant cannot obtain any job opportunities or placement as discussed in the Enrollment Agreement because the school is closed. 27. The debt should be deemed discharged as no real benefit was provided, thus the services offered were fraudulent. WHEREFORE, the Defendant prays this Honorable Court to dismiss the complaint and find the debt discharged and grant such o er relief as the Court deems just and proper. ichael S. Travis 3904 Trindle Road Camp Hill, PA 17011 717-731-9502 mst@mtravis/aw.com Attorney for Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA SLM FINANCIAL CORPORATION 12061 BLUMONT WAY RESTON, VA 20190 CIVIL ACTION NO. 10-4483 vs. STEPHEN ST. ONGE (SIC) 630 CEDAR RIDGE LANE MECHANICSBURG, PA 17055-4414 VERIFICATION The statements made in this Answer and New Matter are true and correct to the best of my knowledge, information and belief. I u erstand th t false statements made herein are subject to the es 8 P ~ ec~. 404 relating to unsworn falsification t orities. /~~ `~' -Ste~Sh~n St. Onge, C Date: ~~ ~D.~D IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA SLM FINANCIAL CORPORATION ) 12061 BLUMONT WAY )CIVIL ACTION RESTON, VA 20190 ) vs. ) NO. 10-4483 STEPHEN ST. ONGE (SIC) ) 630 CEDAR RIDGE LANE ) MECHANICSBURG, PA 17055-4414 ) CERTIFICATE OF SERVICE I certify that a true and correct copy of the foregoing document was served on the below persons by first class U.S. Mail, postage prepaid: Edwin A. Abrahamsen & Assoc 120 North Keyser Ave Scranton, PA 18504 ichael S. Travis 3904 Trindle Road ~~ ~ Camp Hill, PA 17011 Attorney for Defendant David D. Buelt Prothonotary Office of the Prothonotary Cum6er[and County, Pennsy[vania 7�yrkS. Sofionage, F,SQ Solicitor 4/4/83 CIVIL TERM ORDER OF TERMINATION OF COURT CASES AND NOW THIS 28TH DAY OF OCTOBER, 2014, AFTER MAILING NOTICE OF INTENTION TO PROCEED AND RECEIVING NO RESPONSE —THE ABOVE CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH PA R.C.P.230.2. BY THE COURT, DAVID D. BUELL PROTHONOTARY One Courthouse Square 0 Suite100 ® cal -lisle, TA ® (Phone 717 240-6195 0 Fax 717 240-6573