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Home My WebLink About11-8009Y r n 1". 7 , ?.., ? 21 rr'i Drexel University Plaintiff Elizabeth M. Smith, et al. Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. Civil Term 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 ARE SERVED, BY ENTERING A WRITTEN APPEARANCE PERSONALLY OR BY AN ATTORNEY AND FILLING 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 JUDGEMENT 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 PEOPERTY 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 THE TELEPHONE OR THE OFFICE SET FORTH BELOW TO FIND WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 1-800-990-9108 717-249-3166 FQZ.oo e6? ?yo?r? o24-1,287 A PROFESSIONAL CORPORATION BY: EDWARD L. BERGER, ESQUIRE Identification No. 34116 1760 Market Street • Suite 600 Philadelphia, Pennsylvania 19103 (215) 564-2031 FAX (215)972-5390 DREXEL UNIVERSITY 3141 Chestnut Street Philadelphia, Pennsylvania 19104 Plaintiff V. ELIZABETH M. SMITH, a/k/a ELIZABETH M. SNYDER, a/k/a ELIZABETH M. WESTRA 5266 Terrace Road Mechanicsburg, Pennsylvania 17050 Defendant CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. CIVIL ACTION: Contract for Goods, Enforcement of Accounts 1. The Plaintiff is DREXEL UNIVERSITY, a corporation not for profit organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal place of business located at 3141 Chestnut Street, Philadelphia PA 19104. 2. The Defendant is ELIZABETH M. SMITH, a/k/a ELIZABETH M. SNYDER, a/k/a ELIZABETH M. WESTRA, an individual and citizen of the Commonwealth of Pennsylvania, residing at 5266 Terrace Road, Mechanicsburg PA 17050. 3. At the special instance and request of Defendant, while Defendant was enrolled at DREXEL UNIVERSITY, Defendant did enter into a Student Financial Obligations and Tuition Repayment Agreement, based on her on-line registration, pursuant to which Defendant was advanced the sum of $2,280.00. A true and correct copy of said AGREEMENT, setting forth the amount advanced to the Defendant and the date on which said amount was advanced, is attached hereto, made a part hereof and marked Exhibit A. 4. As set forth in the Affidavit of CINDY NIEVES, the Associate Bursar for DREXEL UNIVERSITY, the Defendant has made partial payments on said loan, leaving an unpaid principal balance of $892.18 thereon as of MARCH 31, 2011. A true and correct copy of said Affidavit is attached hereto, made a part hereof and marked Exhibit B. 5. Defendant became liable for the repayment of the loan to Plaintiff in accordance with the terms set forth in the Agreement. 6. Although demand therefore has been made repeatedly, Defendant has refused and failed to pay the balance due, as set forth above, or any portion thereof. 7. Pursuant to the terms of the Agreement, Defendant agreed to pay all attorney's fees and other costs and charges necessary for the collection of any amount not paid when due. 8. Plaintiff has incurred expenses, including legal fees, as a result of having instituted this action and will be obliged to incur similar obligations in the future. WHEREFORE, Plaintiff demands Judgment against the Defendant in the amount of $892.18 with interest at the rate of Six percent (6%) per annum from the 31 st day of March 2011, to the date of Judgment, plus $356.87, which is Forty% of said amount as reasonable attorney's fees, plus anticipated court costs of $300.00. .?os ? Bc l e r; k-0 6'. EDWARD L. BERGER, ESQUIRE Attorneys for Plaintiff 2 VERIFICATION I, Cindy Nieves, state that I am the Associate Bursar for DREXEL UNIVERSITY, the Plaintiff in this action and that all statements made in the foregoing Complaint are true and correct to the best of my knowledge, information and belief. I understand that the statements herein are subject to the penalties of 18 Pa.C.S.A, Section 4904, relating to unsworn falsification to authorities. Date: /eq -/ 7- t Ci dy Niev "late Assoc B sar W* AVIV Drexel i FiAldiri , 3141 Chestnut St., Philadelphia, PA 3 104 Student Financial Obligations and Tuition Repayment Agreement 11062999 Elizabeth Margaret Smith I understand that once I am registered for course(s) and/or participating in the Cooperative Education Program at Drexel University, I become solely responsible for payment of the resulting, tuition, fees and any other balances pursuant to the Student Financial Obligations and Tuition Repayment Agreement. Regardless of any expected reliance on any third-party resource, including but not limited to financial aid, family gifts, employer reimbursement or any other external resource, I remain personally responsible for paying any and all outstanding balances. This Agreement shall constitute a promissory note obligating me to pay all outstanding balances due Drexel University. Failure to Pay I understand that should I fail to pay any outstanding balances in full when due and my account becomes delinquent, a late fee of one percent (1%) will be assessed on a monthly basis to my outstanding balance. I also understand that I can always verify my student account balance by logging on to my student bannerweb account. I further understand that when my account becomes delinquent, Drexel University, in addition to assessing late fees, may: 1) withhold future registration privileges or schedule adjustments; 2) withhold the awarding of any degree(s) or diplomas; and/or 3) withhold official transcripts. Withdrawal Policy I understand that in accordance with Drexel University's Tuition Refund/Credit Schedule Policy, my effective date of withdrawal (whether it be from an individual course or from Drexel University) will determine the amount of credit that I may be eligible to receive, thereby reducing the total amount of fees owed to Drexel University. Please refer to the Tuition Refund/Credit Schedule on the Bursar's Office website at hftp://www.drexel.edu/depts/bursar/ and the Add/Drop/Withdraw and Withdraw/Leave of Absence forms available at http:/twww.drexel.edu/src7orms.asp. Collections for Nonpayment I understand that should my student account become delinquent, Drexel University reserves the right to transfer my delinquent account to a contracted collection agency, attorney and/or credit bureau. I will be held responsible for collection costs and attorney's fees in addition to my outstanding balance. Such fees will be assessed at a minimum of 33 and 1/3 percent of my balance due. I hereby acknowledge that I have read this Agreement and understand it. By clicking on the I Agree button below, I am consenting to be bound by this Agreement which shall serve as a promissory note, thereby obligating me to pay all outstanding balances due Drexel University. 06/20/05 03:29 PM' WWW USER 01/16/06 05:13 PM WWW_USER 05/10/06 04:51 PM WWW USER 06/19/06 04:03 PM WWW USER 09/18/06 08:12 PM WWW - USER 02/19/09 08:21 AM EXHIBIT "A' Elizabeth Smith Student ID A 2-Mar-11 UNIVERSITY Student Financial Services Student Tuition Analysis lu/lz/u6 Late Payment Fee 23.18 11/14/06 Late Payment Fee 23.42 12/14/06 Late Payment Fee 23.65 01/12/07 Late Payment Fee 23.89 02/09/07 Late Payment Fee 24.13 03/13/07 Late Payment Fee 24.37 04/16/07 Late Payment Fee 24.61 05/11/07 Late Payment Fee 24.86 06/14/07 Late Payment Fee 25.11 07/09/07 Late Payment Fee 25.36 08/10/07 Late Payment Fee 25.61 09/16/07 Late Payment Fee 25.87 10/10/07 Late Payment Fee 26.13 01/30/08 NCO Collection Costs/Fees 28.50 05/19/08 04/08 NCO Payment -150.00 02/23/09 G & B Collection Costs/Fees 839.05 05/29/09 04/09 G&B Payment -100.00 07/21/09 06/09 G&B Payment -100.00 08/27/09 07/09 G&B Payment -200.00 10/22/09 09/09 G&B Payment -100.00 11/24/09 10/09 G&B Payment -125.00 12/09/09 11/09 G&B Payment -225.00 03/16/10 02/10 G&B Payment -350.00 04/09/10 03/10 G&B Payment -125.00 'EXHIBIT "p'a 3141 Chestnut Street • Philadelphia, PA 19104-2875 • TEL 215.895.2849 • FAX 215.895.5914 • ask.drexel.edu Academic 1 ransaction I ransaction Term Date Description Amount 200545 06/14/06 DeL School of Educ Tuition-GR 2,280.00 200545 07/14/06 Late Payment Fee 22.80 200545 08/10/06 Check Pavment - Lockhox -qn nn AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA ss COUNTY OF PHILADELPHIA BEFORE ME, the undersigned authority, on this day personally appeared Cindy Nieves, the Associate Bursar for Drexel University who hereby first duly sworn on his/her oath deposes and says that the Defendant named in the foregoing suit, Elizabeth Smith is indebted to Drexel University for items and / or services as follows: DESCRIPTION: Tuition Account TOTAL CHARGES AND / OR PRINCIPAL BALANCE ACCRUED INTEREST (if applicable through 03/31/2011) LATE FEES/CHARGES (if applicable) COLLECTION CHARGES (if applicable) OTHER CREDITS AND / OR PAYMENTS: to principal to interest to late fees / charges to collection charges to other TOTAL AMOUNT DUE $ 2,280.00 + 0.00 + 388.68 + 867.55 + 0.00 - 1,387.82 - 0.00 - 388.68 - 28.50 - 0.00 $ 1,731.23 That the above account is within the knowledge of said Affiant, just true and accurate, that the same is due and unpaid, and that all lawful and just offsets, payments and credits have been allowed, and that he/she is authorized to make this Affidavit in the capacity stated, and that a systematic record of such account has been kept by DREXEL UNIVERSITY. DATE: -!/ SWORN TO AND SUBSCRIBED BEFORE ME THI ? DAY OF 2011. dig NOTARY PUBLIC COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL DONNA M. STEPHAN, Notary Public City of Philadelphia, Phila. County M Commission Expires June 28, 2013 Cindy iLsves Associat Bursar EXHIBIT "B" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DREXEL UNIVERSITY File No. 2011-08009 V. Amount Due 1,429.00 ELIZABETH M. SMITH, a/k/a Interest 12/05/11 c.., Elizabeth M. Snyder, a/k/a Atty's Comm C: ° rW 2' a Costs eT e errn ae Qd Sa&(v ac fso Meduniosbur?, PA 17050 -C" nrn w TO THE PROTHONOTARY OF THE SAID COURT: ; -o X- z4, - Z The undersigned hereby certifies that the below does not arise out of a retail Iftnt contract, or account based on a confession of judgment, but if it does, it is based on th0?p pri e original proceeding filed pursuant to Act 7 of 1966 as amended; and for real property pursuant to Act 6 of 1974 as amended. PRAECIPE FOR WRIT OF EXECUTION Issue writ of execution in the above matter to the Sheriff of CUMBERLAND County, for debt, interest and costs upon the following described property of the Defendant(s) 6 PRAECIPE FOR ATTACHMENT EXECUTION Issue writ of attachment to the Sheriff of CUMBERLAND County, for debt, interest and costs, as above, directing attachment against the above-named garnishee(s) for the following property (if real estate, supply six copies of the description; supply four copies of lengthy personalty list) O Checkina accounts, savinas accounts, monies on deposit, safety deposit boxes, or any other *a4.00 Pp AVY Personalty or realty which may be in the possession of the Garnishee belonaina to the m.co CBF Defendant, ELIZABETH M. SMITH, et al. 901 W and all other property of the Defendant(s) in the possession, custody or control of the said Garnishee(s). 14-00 , 8.5011 1150 - P6 AIT? (Indicate) Index this writ against the Garnishee a lis pendens against real estate of the Defendant s) de cribed in the attached exhibit. DATE: Signature: Print Name: _ Address: Attorney for: Telephone: _ Supreme Cot EdwardL Berger . , Esquire Gordin & Berger, P.C. 1760 Market Street, Suite 600 Philadelphia, PA 19103 ,d.o15 Que?o Plaintiff 50 LL 215-564-2031 i•t ID No. 34116 Notes: If real property, supply six copies of description including improvements and an original and copy of affidavit of ownership (Pa. R.C.P No. 3129). 0141s49 If lengthy personalty list, supply four copies of list. g .1941g3 To index writ, file separate praecipe with writ. 1&i}s&Ud WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 11-8009 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due DREXEL UNIVERSITY, Plaintiff (s) From ELIZABETH M. SMITH, a/k/a ELIZABETH M. SNYDER, a/k/a ELIZABETH M. WESTRA, 5266 Terrace Rd, Mechanicsburg, PA 17050 (1) You are directed to levy upon the property of the defendant (s)and to sell (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: MEMBERS 1 sT FCU, 25000 Louise Drive, Mechanccsburg, PA 17055 Checking accounts, savings accounts, monies on deposit, safety deposit boxes, or any other personalty or realty which may be in the possession of the Garnishee, and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof, (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $1,429.00 Interest from 12/5/11 Atty's Comm % Atty Paid $175.50 Plaintiff Paid Date: 4/23/12 (Seal) REQUESTING PARTY: Name EDWARD L. BERGER, ESQUIRE Address: GORDIN & BERGER, PC L.L. $.50 Due Prothy $2.25 Other Costs David D. Buell, Prothonotary Deputy 1760 MARKET STREET, SUITE 600 PHILADELPHIA, PA 19103 Attorney for: PLAINTIFF Telephone: 215-564-2031 Supreme Court ID No. 34116 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson t: N _ Sheriff M 00 '" ?tlW,U :X tom' Jody S Smith "t ???? 4114 -0'M Chief Deputy f ` Richard W Stewart C7 Solicitor Ors .AC y y-5_ C - - ---------- ------- -- Drexel University vs. Elizabeth M Smith Case Number 2011-8009 SHERIFF'S RETURN OF SERVICE 05/03/2012 10:49 AM - Shawn Harrison, Deputy, who being duly sworn according to law, states that on May 3, 2012 at 1043hours, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the within named defendant, to wit: Elizabeth M. Smith, a/k/a Elizabeth M. Snyder, a/k/a Elizabeth M. Westra, in the hands, possession, or control of the within named garnishee, Members 1 st Federal Credit Union, 5000 Louise Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055, by handing to Christina Bender, Analyst, personally three copies of interrogatories together with three true and attested copies of the writ of execution and made the contents there of known to her. The writ of execution and notice to defendant was mailed on May 8, 2012 to Elizabeth M. Smith, a/k/a Elizabeth M. Snyder, a/k/a Elizabeth M. Westra at 5266 Terrace Road, Mechanicsburg, 17050. SO ANSWERS, 4Z May 08, 2012 RON R A RSON, SHERIFF Stt,+4wn Harrison, Deputy &Ofv&v A NA& w?? , &P,wW& at--r-- BY: EDWARD L. BERGER, ESQUIRE Identification No. 34116 1760 Market Street - Suite 600 Philadelphia, Pennsylvania 19103 (215)564-2031 FAX (215)972-5390 DREXEL UNIVERSITY Plaintiff V. ELIZABETH M. SMITH, a/k/a ELIZABETH M. SNYDER, a/k/a ELIZABETH M. WESTRA Defendant -and- MEMBERS 1 ST FEDERAL CREDIT UNION Garnishee FILED-?IFFICE DF THE PRO HONOTAR''r, 2012 JUL -3 AN 11; 04 CUMBERLAND COUNTY PENNSYLVANIA CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 2011-08009 ?flswcf ?' +-t INTERROGATORIES IN ATTACHMENT TO: MEMBERS 1st Federal Credit Union, 25000 Louise Dr. Mechanicsburg PA 17055 You are required to file answers to the following interrogatories within twenty (20) days after service upon you. Failure to do so may result in a default judgment being entered against you. 1. At the time you were served, or at any subsequent time, did you owe the Defendant(s) any money or were you-liable to Defendant(s) on any negotiable or other written instrument, or did Defendant(s) claim that you owed Defendant(s) any money or were liable to him/her for any reason? '__A 0 2. At the time you were served, or at any subsequent time, was there in your possession, custody, control, or in the joint possession, custody or control of yourself and one or more persons any property of any nature owned solely or in part by the Defendant(s)? n0 3. At the time you were served, or at any subsequent time, did you hold legal title to any property of any nature owned solely or in part by the Defendant(s) or in which Defendant(s) held or claimed any interest? a v 4. At the time you were served, or at any subsequent time, did you hold as fiduciary any property in which the Defendant(s) had an interest? Cl D .OF 1-^ 5. At any time before or after you were served did the Defendant(s) transfer or deliver any property to you or to any person or place pursuant to your direction or consent and what was the consideration thereof? a C) 6. At the time after you were served did you pay, transfer or deliver any money or property to the Defendant(s) or to any person or place pursuant to the Defendant(s) direction or otherwise discharge any claim of the Defendant(s) against you? n C) 7. I f you are a bank or other financial institution, at the time you were served or any subsequent time did the Defendant (s) have funds on deposit in an account in which funds are deposited electronically on a recurring basis and which are identified as being funds that upon deposit are exempt from execution, levy or attachment under Pennsylvania or Federal law? If so, identify each account and state the reason for the exemption and the entity electronically depositing those funds on a recurring basis. CV10 8. If you are a bank or other financial institution, at the time you were served or at any subsequent time did the Defendant(s) have funds on deposit in an account in which the funds on deposit, not including any otherwise exempt funds, did not exceed the amount of the general exemption under 42 Pa. C.S. §8123? If so, identify each account. no S0.v?n?5- ?aSisq Cl?ci??n?- I,S?"??? 9. How much is the value of any property in your possession belonging to the Defendant(s)? 10. In the space below, the Plaintiff may set forth additional appropriate interrogatories. EDWARD . RGER, ESQUIRE Atto for Plaintiff And8C' A PROFESSIONAL CORPORATION -Awwe BY: EDWARD L. BERGER, ESQUIRE Identification No. 34116 1760 Market Street • Suite 600 Philadelphia, Pennsylvania 19103 (215)564-2031 FAX (215)972-5390 3"1!-ED-U°:r!Lt tF f 1'' PROT40NO`TARY 2012 JUL 19 AID If: 30 CUMBERLAND COUNTY PENNSYLVANIA DREXEL UNIVERSITY CUMBERLAND COUNTY Plaintiff COURT OF COMMON PLEAS V. CIVIL DIVISION ELIZABETH M. SMITH, a/k/a NO. 2011-08009 ELIZABETH M. SYNDER, a/k/a ELIZABETH M. WESTRA Defendant -and- MEMBERS 1 ST FEDERAL CREDIT UNION PRAECIPE FOR JUDGMENT BY ADMISSION TO THE PROTHONOTARY: Enter Judgment in favor of the Plaintiff, DREXEL UNIVERSITY, and against the Garnishee, MEMBERS 1ST FEDERAL CREDIT UNION, by admission of said Garnishee, and assess Plaintiffs damages in the amount of $1,429.00 as admitted in the Answers to Interrogatories to be in the Garnishee's possession. Attached hereto is a copy of Answers to Interrogatories in Attachment filed by Garnishee, MEMBERS 1 ST FEDERAL CREDIT UNION. Af 8c.l e i; ?' C?- EDWARD L. BERGER, ESQUIRE Attorneys for Plaintiff a 1qac7( Q c9 g, - 5 Mob PAO,( . ~ ~ ~ Alret.Coawu'nan~ ~-~' BY: EDWARD L. BERGER, ESQUIRE Identification No. 34116 1760 Market Street • Suite 600 Philadelphia, Pennsylvania 19103 (215)564-2031 FAX (215)972-5390 ~~~ Th~E PROTHQI~~YAR~' 2Q 12 dUG I S PM ~~ 3 4 C~ PENNSYLYNTY DREXEL UNIVERSITY CUMBERLAND COUNTY Plaintiff COURT OF COMMON PLEAS v. CIVIL DIVISION ELIZABETH M. SMITH, a/k/a ELIZABETH M. SNYDER, a/k/a ELIZABETH M. WESTRA Defendant NO. 11=8009 -and- MEMBERS 1ST FEDERAL CREDIT UNION Garnishee URDER T411~ARK JI3DGMENT SATISFIED AS TO GARNISHEE ONLY TO THE PROTHONOTARY: Kindly mark judgment against Garnishee, A~IEMBERS 1ST FEDERAL CREDIT UNION, satisfied upon payment of your costs only. EDWARD L. BERGER, Attorneys for Plaintiff q.~~~~ a'"~ ~~tas~e C ~,a~a~3 /~ ~Pc ~, ~