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Christopher E. Rice, Esquire
I . D. No. 90916 T
MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER
MARTSON LAW OFFICES
Ten East High Street
Carlisle, PA 17013
(717) 243-3341
Attorneys for Plaintiff
DICKINSON COLLEGE, IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. NO. 2011 - Civ?1"Terrat
PAUL L. WEIDLER, CIVIL ACTION - LAW
Defendant
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
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Christopher E. Rice, Esquire
I.D. No. 90916
MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER
MARTSON LAW OFFICES
Ten East High Street
Carlisle, PA 17013
(717) 243-3341
Attorneys for Plaintiff
DICKINSON COLLEGE, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. NO. 2011 -
PAUL L. WEIDLER, CIVIL ACTION -LAW
Defendant
COMPLAINT
AND NOW, comes Plaintiff, Dickinson College, by and through its attorneys, MARTSON
DEARDORFF WILLIAMS OTTO GILROY & FALLER, 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, Paul L. Weidler, is an adult individual with a last known address of 554
Ridgeview Road N., Elizabethtown, Lancaster County, Pennsylvania 17022,
3. Defendant, is the parent of Ryan P. Weidler ("Student"), deceased, who was formerly
a student at Dickinson College.
5. On March 16, 1999, Defendant opened an Educational Goods and Services retail
Installment Contract (hereinafter "Contract") with Dickinson to pay tuition, dining service fees and
other educational expenses provided and rendered to Student by Dickinson. A true and correct copy
of that Contract is incorporated by reference and attached as Exhibit "A."
6. Contract provided for the financing of $10,000.00 plus interest and costs by
Defendant on behalf of Student.
7. The Contract grants Plaintiff reasonable attorney's fees which Plaintiff has calculated
to be $1,000.00 as of this date.
COUNTI
BREACH OF CONTRACT
8. Plaintiff hereby incorporates by reference the averments contained in paragraphs 1
through 7 of this Complaint.
9. Plaintiff has fulfilled, performed and complied with all obligations and conditions of
the Contract.
10. Defendant breached the expressed and implied obligations, conditions and terms of
the Contract by failing to pay the amounts financed therein.
WHEREFORE, Plaintiff demands judgment against the Defendant, in the amount of
$10,000.00, plus interest on the Contract as set forth therein, attorney fees in the amount of
$1,000.00, and costs accruing thereafter.
COUNT II
IN QUANTUM MERUIT
11. Plaintiff hereby incorporates by reference the averments contained in paragraphs 1
through 11 of this Complaint.
12. Defendant is liable to the Plaintiff and/or has been unjustly enriched in the amount
of $10,000.00 plus interest on the Contract as set forth therein, attorney fees in the amount of
$1,000.00, and costs accruing thereafter.
WHEREFORE, Plaintiff demands judgment against the Defendant, in the amount of
$10,000.00, plus interest on the Contract as set forth therein, attorney fees in the amount of
$1,000.00, and costs accruing thereafter.
MARTSON LAW OFFICES
2_,',12 L, S f(----
By: (
Christopher E. Rice, Esquire
I.D. No. 90916
Ten East High Street
Carlisle, PA 17013
(717) 243-3341
Date: 13-AA Attorneys for Plaintiff
This is a debt collecting firm for Dickinson College. Any information obtained will be used for
that purpose.
EXHIBIT "A"
DICKINSON COLLEGE FLEXIBLE FINANCING SYSTEM - PLAN B
EDUCATIONAL GOODS AND SERVICES RETAIL INSTALLMENT CONTRACT
March 16, 1999
1. Seller: Dickinson College, Carlisle, Pennsylvania 17013-2896
Buyer(s): Paul L. Weidler
554 Ridgeview Road N.
Elizabethtown, PA 17022
If there is more than one Buyer, each of you will be obligated, jointly and severally, for all sums due and for the
performance of all agreements as provided in this Contract.
Under the terms of this Educational Goods and Services Retail Installment Contract, you have agreed to pay the
expenses incurred for goods and services to be provided and rendered, as the case may be, to Ryan Weidler (hereinafter
"Student") during his/her enrollment at Dickinson College during the 1999 academic year, including tuition, room and
board, books and supplies as herein stated (hereinafter the "Goods and Services").
The Goods and Services shall include only tuition, toom'and board.
II. TERMS OF PAYMENT AND PAYMENT SCHEDULE
Disclosures Required by Federal Law
ANNUAL FINANCE AMOUNT TOTAL OF TOTAL SALE
PERCENTAGE CHARGE: FINANCED: PAYMENTS: PRICE:
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 rate cost buyer Dickinson College of all. scheduled credit, including
payments down payment of
$ 18,630.00
9.50% $ 5;944.96 $ 10,000-00 $15,944.96 $ 28,630.00
Rev 2/92
Weidler
Buyer's payment schedule will be as follows:
Number of Payments Amount of Payments When Payments are Due
128 $ 124.57 Monthly commencing 03/28/99 until 08/28/09
*Variable Rate: The ANNUAL PERCENTAGE RATE disclosed above is a variable rate and may change. The
ANNUAL PERCENTAGE RATE may increase during the term of this transaction if the prime
rate of interest announced in the Wall Street Journal as of the close of business on June 30 of
each calendar year increases, and will be increased to the prime rate plus 1%. The ANNUAL
PERCENTAGE RATE will not increase more than once a year, and the new interest rate will
become effective on July. I following_the increase, if any, in the prime rate of interest._ Any
increase will be in the form of higher payment amounts. If your cost of the Goods and Services
sold hereunder were $10,000.00 at 9.50% per annum for 128 months and the prime rate plus 1%
were increased to 10.50%, your regular monthly payments would increase to $130.18. Further,
the ANNUAL PERCENTAGE RATE will not increase to more than 18% or such other rate as
may be permitted under the Pennsylvania Goods and Services Installment Sales Act.
Late 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 $1.00) may be charged.
Prepayment: Buyer may prepay the unpaid balance of the Amount Financed and any FINANCE CHARGE
due through the date of early payment, in full or in art, without penalty.
SEE SECTION VI OF THE CONTRACT BELOW FOR ANY ADDITIONAL INFORMATION ABOUT NON-
PAYMENT, DEFAULT AND REQUIRED REPAYMENT BEFORE THE SCHEDULED DATE FOR
REPAYMENT OF THE AMOUNT FINANCED.
III. ITEMIZATION OF AMOUNT FINANCED
2.
3.
4
Cash price 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):
$ 28,630.00
18,630.00
10,000.00
-0-
10,000.00
2
j IV. CREDIT INSURANCE
Credit life insurance for the term of this Contract is not required.
V. NO WARRANTIES
THERE ARE NO WARRANTIES, EITHER EXPRESSED OR IMPLIED, GIVEN BY SELLER IN CONNECTION WITH SALE
OF THE GOODS AND SERVICES COVERED BY THIS CONTRACT UNLESS BUYER HAS BEEN GIVEN A SEPARATE WRITTEN
WARRANTY.
VI. ADDITIONAL PROVISIONS
I. Buyer agrees to pay Seller the Total Sale Price by making the total down payment and paying Seller the Total of Payments in the
number and amount of monthly payments shown in the Payment Schedule. Payments are due on or before the same date of each
month as the first payment date. Payments must be made to EFG Technologies, Inc. at the following address:
EFG Technologies, Inc.
P.O. Box 64974
St. Paul, MN 55164
2. Buyer's legal rights include the right to pay all or part of the amounts due on this Contract in advance of their due dates, to obtain a
refund or credit of unearned Finance Charge whenever the amount is paid in full in advance, and (with Seller's consent) to reinstate
the Contract if Buyer timely cures any default.
3. Buyer shall be deemed to have committed an "Event of Default" of the Contract upon the occurrence of any of the following:
(a) failure to make any payment on or before the date it is due,
(b) failure to make a payment on any other Contract outstanding with Seller,
(c) failure to perform any other provision of the Contract,
(d) providing Seller with false information or signatures,
(e) death, incompetence, or conviction of any Buyer of crime involving fraud or dishonesty,
(f) insolvency or bankruptcy of any Buyer.
4. Upon or after the occurrence of any Event of Default, Seller will provide Buyer with notice, by certified mail as required by law,
addressed to Buyer's last known address as shown on Seller's records, advising Buyer of the default and of Buyer's right to cure the
default. The notice will provide the time, amount and performance necessary to cure the default. If Buyer does not cure the default a.
provided in the notice, Seller's rights shall include the right to declare all sums due on the Contract to be immediately due and
payable. The Buyer agrees to pay all attorney's fees and other reasonable collection costs and charges necessary for the collection of
any amount not paid when due.
?• Waiver by Seller of any Event of Default shall not be binding upon Seller if Seller should thereafter choose to exercise that or any
other right or a similar Event of Default occurs later. All Seller's rights and remedies shall be cumulative. Seller's exercise of one or
more rights shall not cause Seller to lose any other rights.
6. This Contract is freely assignable by Seller. Buyer agrees that upon receiving notice of the assignment Buyer shall be obligated to the
Assignee of this Contract, which Assignee shall have all of Seller's right and remedies.
7. If any part of this Contract is held to be illegal, void or unenforceable, that provision shall be deemed not to have been a part of this
Contract, which shall otherwise remain fully effective.
3
8. APPLICABLE LAW: This Agreement, whenever called upon to be construed, shall be governed by the domestic internal laws of the
Commonwealth of Pennsylvania except to the extent supplemented, superseded or preempted by federal law.
9. CONSENT TO JURISDICTION VENUE AND SERVICE: The parties to this Agreement consent and agree that all legal
proceedings relating to the subject matter hereof shall be maintained in the Court of Common Pleas of Cumberland County,
Pennsylvania, or, if applicable, the United States District Court of the Middle District of Pennsylvania, and all parties hereto consent
and agree that jurisdiction and venue for such proceedings shall lie exclusively within said court. Service of process in any such
proceeding may be made by certified mail, return receipt requested, directed to the respective party at the address set forth above.
10. This Contract shall be binding upon the parties hereto, their heirs, successors, assigns and legal representatives.
11. TIME IS OF THE ESSENCE OF THIS CONTRACT.
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 HERETO OR WITH THE
PROCEEDS HEREOF. RECOVERY HEREUNDER BY THE DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR
HEREUNDER.
NOTICE TO BUYER: (I) DO NOT SIGN THIS AGREEMENT BEFORE YOU READ IT OR IF IT CONTAINS ANY BLANK SPACE.
(2) YOU ARE ENTITLED TO A COMPLETELY FILLED-IN COPY OF THIS AGREEMENT. (3) UNDER THE LAW, YOU HAVE
THE RIGHT TO PAY OFF IN ADVANCE THE FULL AMOUNT DUE AND UNDER CERTAIN CONDITIONS TO OBTAIN A PARTIAL
REFUND OF THE FINANCE CHARGE.
BUYER(S) ACKNOWLEDGE(S) RECEIVING A COMPLETED COPY OF THIS CONTRACT AND INTEND(S) TO BE
LEGALLY BOUND BY ITS,TERMS.
BUYER(S): ?z 1??S S. ?V
I AGREE TO REPAY ALL AMOUNTS DUE ON THIS LOAN IF THE BORROWER(S)/BUYER(S) FAILS TO DO SO IN
ACCORDANCE WITH THE TERMS OF THE NOTE:
STUDENT COSIGNER
TRANSCRIPT OF A STUDENT'S RECORD WILL NOT BE RELEASED IF LOAN PAYMENTS TO THE COLLEGE ARE IN
ARREARS OR DEFAULT.
DATE:
?3 -1( -q q
Plan B Loans
DICKINSON COLLEGE
4
VERIFICATION
I, Sally Heckendorn, Bursar 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
By:.
Sally Heck ndom
Bursar
Dated: 'q 3lI t
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny RAnderson ,-- ,FILED-{}FFICE
Sheriff r r ?`rIE PRO T $ONO TA,
Jody S Smith Y 25 ?M ?:
Chief Deputy t, CUMBERLAND COUNTY
f i illy ??`=t Richard W Stewart C
Solicitor OMCE . F THE S-ERIFF PENNSYLVANIA
Dickinson College Case Number
vl s L. . Weidler 2011-4145
Pau
SHERIFF'S RETURN OF SERVICE
05/05/2011 Ronny R. Anderson, Sheriff who being duly sworn according to law states that he made a diligent search
and inquiry for the within named defendant, to wit: Paul L. Weidler, but was unable to locate him in his
bailiwick. He therefore deputized the Sheriff of Lancaster County, Pennsylvania to serve the within
Complaint and Notice according to law.
05/16/2011 07:00 PM - Lancaster County Return: And now May 16, 2011 at 1900 hours I, Terry A. Bergman, Sheriff
of Lancaster County, Pennsylvania, do herby certify and return that I served a true copy of the within
Complaint and Notice, upon the within named defendant, to wit: Paul L. Weidler by making known unto
Paul J. Weidler, Father of Defendant at 554 Ridgeview Road N., Elizabethtown, Pennsylvania 17022 its
contents and at the same time handing to him personally the said true and correct copy of the same.
SHERIFF COST: $37.44
May 19, 2011
SO ANSWERS,
Z
RON R ANDERSON, SHERIFF
fci coU!*;Sulte Sheriff, Teleosoft. Inc
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SHERIFF'S OFFICF IF CUMBERLAND COUNTY
Ronny R Anderson" At
Sheriff
Richard W Stewart
Jody S Smith Solicitor
Chief Deputy '
3
Dickinson College Case Number ril
vs. 2011-4145 0
Paul L. Weidler
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Category: Civil Action - Complaint & Notice
Manner. Deputize Expires 05/27/2011
Notes: From Cimberland County- Rec' d 05/09/2011
LCSD Clerk Yvette Turco 717 723-4519
R#0604 $150-00 $36-50
Serve To:
Name: Paul L. Weidler
Primary 554 Ridgeview Road N
Address: Elizabethtown, PA 17022
Phone: F
Alternate
'J4ddress:
W Phone:
Served: Personally ult In C Posted Other
Adult In
Charge:
Relation:
Date: Slt???l Time: 7
Deputy: Mileage: ??..
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Attorney f Originator:
Name: Christopher E. Rice Phone: 717-243-334
LO Martson Law Office 10 East Hi_qh St, Carlisle PA 17013
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Service Al"Jits:
Date:
Time: Aj.C: h
Mileage: - co
N Deputy:
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D No , May 05, 2011 I, Sheriff of Cumberland County, Pennsylvania do hereby deputize the Sheriff of Lancaster County to
a execute service of the documents herewith and make return thereof according to law.
cl?
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Return To:
Cumberland County Sheriffs Office
W One Courthouse Square'
Carlisle, PA 17013 onny R Anders n, heriff
DavidD. Buel
Prothonotary
Office of the Prothonotary
Cum6errand County, (Pennsylvania
7(irkS. Sohonage, ESQ
Solicitor
in`T J 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
PROTHO NOTARY
One Courthouse Square 0 Suite100 0 Carlisle, TA 0 Ohone 717 240-6195 0 Fa.,717 240-6573