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HomeMy WebLinkAbout12-0813F '.I ILES C ents7cl -> Dlckirson College 7619 CollectionsV7619.C CurrertA378 Conklin\7619C 378 corn Christopher E. Rice, Esquire Attorney I.D. No. 90916 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARhSON LAW OFFICES Ten East High Street Carlisle. PA 17013 (717) 243-3341 Attorneys for Plaintiff f.. °J Q1 f 1: : i y 1 1 r1. F t _r ,?„trz DICKINSON COLLEGE, Plaintiff V. KATIE R CONKLIN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2012 - R / 3 e I. CIVIL ACTION - LAW 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 C'AN 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 C s CCk astaS (z WO ?0 8((0 F:\FILESK'l i ents\7619 Dickinson College\7619.Collections\7619.C.Currtnt\378 Conklin\7619C.379 corn Christopher E. Rice, Esquire Attorney 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. 2012 - KATIE R. CONKLIN, 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 a business address of Post Office Box 1773, Carlisle, Cumberland County, Pennsylvania 17013. 2. Katie R. Conklin, is an adult individual residing at 1365 Highpoint Road, Coopersburg, Lehigh County, Pennsylvania 18036 3. On or about September 14, 2004, Defendant entered into a Promissory Note - Federal Perkins Loan Program ("Note") with Plaintiff for the financing of $4,000.00 plus interest for educational services and benefits at Plaintiff's institution. A copy of the Note is attached hereto as Exhibit 4. The Note is a fund created under Part E of Title IV of the Higher Education Act of 1965 as amended (hereinafter the "Act") and are subject to the Act and the Federal Regulations issued under the Act. 5. As provided in the Act, Plaintiff acts in a fiduciary capacity in the handling, disbursing and collecting of funds associated with the programs under the Act. 6. The principal for the Note is $4,000.00. 7. The Note grants Plaintiff reasonable collection and attorneys' fees which Plaintiff has calculated to be $1,000.00. 8. As of August 4, 2011, the principal and interest due and payable by Defendant to Plaintiff was $2,207.51, with interest accruing at 5% per annum. 9. Plaintiff has fulfilled, performed and complied with all obligations and conditions of the Note. COUNTI BREACH OF CONTRACT 1 G. Plaintiff hereby incorporates by reference the averments contained in Paragraphs 1 through 9 of this Complaint. 11. Defendant breached the expressed and implied obligations, conditions and terms of agreement of the by failing to pay the amounts financed therein.. WHEREFORE, Plaintiff demands judgment against Defendant in the amount of $2,207.51, plus interest accruing at 5% per annum, collection and attorneys' fees in the amount of $1,000.00, and costs of suit. COUNT II IN QUANTUM MERUIT 1 4 . Plaintiff hereby incorporates by reference the averments contained in Paragraphs 1 through I 1 of this Complaint. 1. Having requested Plaintiff to loan money, and doing so to the benefit of Defendant, Defendant became liable to Plaintiff for said money. 14. Defendant has been unjustly enriched by accepting said money without paying Plaintiff reasonable compensation therefor. WHEREFORE, Plaintiff demands judgment against Defendant in the amount of $2,207.51, plus interest accruing at 5% per annum, collection and attorneys" fees in the amount of $1,000.00, and costs of suit. MARTSON LAW OFFICES By:-/' L-- Christopher E. Rice, Esquire I.D. Number 90916 Ten East High Street Carlisle, PA 17013-3093 (717) 243-3341 Date: "? - / Attorneys for Plaintiff THIS IS A DEBT COLLECTING FIRM ATTEMPTING TO COLLECT A DEBT FOR DICKINSON COLLEGE. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. EXHIBIT "A" DERAL PERIINNS LOAN MASTER PROMISSORY NOTE M3 No. 1845-0074 Form Approved ' Expiration Date 06/3012006 Irmt 1. Name (last, first, middle initi al) and 2. Social Security Number Permanent Addressss,(stree city, state, zip code) 3. Date of Birth (mm/dd/yyyy) k i ; YltJl I 4. Home Area Code/Telephone Number 5. Driver's License Number (List state abbreviation first) Ave, LT t?? I- # 1'Sc4 f SC 6. Dickinson College 7. Annual Interest Rate P.O. Box 1773 50/0 Carlisle, PA 17013-2896 (Any bracketed clause or paragraph may be included at option of institution) Terms and Conditions: (Note: Additional Terms and Conditions fallow on subsequent pages) APPLICABLE LAW - The terms ofthis Federal Peddns Loan Master Promissory Note (hereinafter called the Note) and any disbursements made under this NOW shall be interpreted in accordance with Part E of Tit le 1V of the Higher Education Act of 1965, as amended (hereinafter called the A4 as well as Federal regulations issued under the Act. All sums advanced under this Note are subject to the Act and Federal regulations issued under the Act. REPAYMENT - I am obligated to repay the principal and the interest that accrues on my loan(s) to the abovaflamed institution (hereinafter caIled the School) over a period beginning 9 months (or sooner if I am a Less_Than-HalfTime Borowa) after the date I cease to be at least a half-time student at an institution of bgher education or a comparable School outside the United States approved by the United States Department of Education Qiez=aftec called the Department) and ending 10 years later, unless I request in writing that my repayment period begin sooner. I understand that the School will report the amount of my installment payments, along with the amount of this loan to at least one national credit bureau Interest on this loan shall accrue from the beginning of the repayment period. My repayment period may be shorter than 10 years if l am required by my School to make minimum monthly payments. My repayment period may be extended during periods of defemtem; hardship, or fotbearance and I may make graduated installments in accordance with a schedule approved by the Department. I will malte my installment payments in equal monthly, bimootbly, or quarterly installments as determined by the School. The School may round my installment payment to the need highest multiple of $5. [I will make a minimum monthly repayment of S40 (or $30 if I have outstanding Federal Perkins Loans made before October 1, 1992 that included the $30 minimum payment option or outstanding National Direct Student Loans) in accordance with the Minimum Monthly Payment Section of the Tents and Conditions contained on the reverse side of this document.] LATE CHARGES - The School may impose late charges ifI do not make a scheduled payment when due or if f fail to submit to the School on or befane the due date ofthe payment, a properly documented request for any of the forbearancek deferment, or cancellation benefits as described below. No late charges may exceed 20 percent of my monthly, bimonthly, or quarterly payment. The School may add the late charges to principal the day after the scheduled payment was due or include it with the next scheduled payment after I have received notice of the chargo, and such notice is seat before the next installment is due. FORBEARANCE, DEFERMENT, OR CANCELLATION- I may apply for a forbearance, defernettt, or cancellation on my loan. During an approved forbearance period, payments of principal and interest, or principal only, maybe postponed or reduced Interest continues to acme while my loan is in forbearance. During an approved deferment period, I am not required to make scheduled installment payments on my loan. I am not liable for any interest that might otherwise aceme while my loan is in deferment If I meet the eligibility requirements for a cancellation of my loan, the institution may cancel up to 100 percent of the outstanding principal loan amount. Infommation on eligibility and application requirements for forbearances, deferments, and cancellations is provided on pages 2 and 3 of this Note. I am responsible for submitting the appropriate requests on time, and I may lose my benefits if I fail to file my request on time. DEFAULT - The School may, at its option, declare my loan to be in default if (1) I fail to make a scheduled payment when due; (2) I fail to submit to the School, on or before the due date of a scheduled payment, documentation that I qualify for a forbearance, deferment, or cancellation; or (3) I fail to comply with the terms and conditions of this Note or written repayment agreement The School may assign a defaulted loan to the Department for collection. I will be ineligible for any further federal student financial assistance authorized under the Act until I make arrangements that are satisfactory to the School or the Department to repay my loan. The School or the Deparrnent shall disclose to credit bureau organizations that I have defaulted and all other relevant loan information. I will lose my tight to defer payments and my right to forbearance if I default on my loan. The School or the Department may accelerate my defaulted loan Acceleration means that the School or the Deparenart demands immediate payment of the entire unpaid balance of the loan, including principal, interest, late charges, and collection costs. I will lose my tight to receive cancellation benefits for service that is performed after the date the School or the Department accelerated the loan. CHANGE OF STATUS - I will inform the School of any change in my name, address, telephone number, Social Secur ity Number, or driver's license number. PROMISE TO PAY: I promise to pay the School, or a subsequent holder of the Note, all sums disbutsedunder the teams ofthis Note, plus interest and odor fees which may become due as provided in this Note. I understand that multiple loans may be made to we under this Note.I understand that by accepting any disbursements issued at any time under this Note, I agree to repay the loans. I understand that each loan is separately enforceable based on a true and exact copy of this Note. I understand that I may cancel or reduce the amount of any loan by not acceptingor by returning all or a portion of any disbursement that is issued. If I do not make any payment on any loan under this Note when it is due, I promise to pay all reasonable collection costs, including attorney fees, court costs, and other fees. I will not sign this Note before reading the entire Note, even if 'I am told that I am not required to read it I am entided to an exact copy of this Note. This loan has been made to me without security or endorsement My signature certifies I have read, understand, and agree to the terms and conditions of this Note. I UNDERSTAND THAT I MAY RE ONE OR MORE LOAN IS UNDER THIS MASTER PROMISSORY NOTE AND THAT I MUST REPAY SUCH LOANS. y1 _ ( I L? - O Borrower' SignatureDate r- Page 1 of 4 VERIFICATION 1, 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 Sally Lend , Bursar F TILES\ClientsV' 619 Dickinson CollegeA7619.CollectionsV7619.C Current\378 ConklinA76I9C.378. corn SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff tixtatr at ?ar?r??r,??1a 1LE'J-01=1"1ti4;.. i HE P R 0 T H N0 i Jody S Smith Chief Deputy Richard W Stewart Solicitor 2012 MAR -5 PM 2' 49 ,'UM3ERLAH0 COUNT {r PENNSYLVANIA Dickinson College vs. Katie R. Conklin Case Number 2012-813 SHERIFF'S RETURN OF SERVICE 02/09/2012 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: Katie R. Conklin, but was unable to locate her in his bailiwick. He therefore deputized the Sheriff of Lehigh County, Pennsylvania to serve the within Complaint and Notice according to law. 02/23/2012 Lehigh County Return: And now, February 23, 2012 at 0911 hours I, Ronald W. Rossi, Sheriff of Lehigh County, Pennsylvania, do hereby certify and return, that I made diligent search and inquiry for Katie R. Conklin the defendant named in the within Complaint and Notice and that I am unable to find her in the County of Lehigh and therefore return same NOT FOUND. Request for service at 1365 Highpoint Road, Coopersburg, Pennsylvania 18036 is located in Bucks County. SHERIFF COST: $37.45 SO ANSWERS, February 28, 2012 RONO R ANDERSON, SHERIFF {::;Fai;k%:iE.:'!= OFFICE COURTHOUSE 'i is I'I?irt'IIL...T?:irl *?1ii:: `',_`' W HAMILTON s I- j ROOM 253 ALLEN TOWN PA 18101-1614 All''7 DICKINSON COLLEGE DOCQ 2012-CV-0886 V Z,::-, CASE: 2012-NC-0602 KATIE R Ct=7rdE;L IN; ET AL EXPIR: 09-Mar-2002 CUM BERLAND CO -- 2012-813 CIVIL DEPOSIT: 32.00 ENrRY: R3-Feb-20h.''' WRIT n COMPLAINT IN C IVIL ACT ? 0 ,! RE C" D : AND NOTICE... SERVE : KATIE R CONKL..:E N AT o 136 H I GHPO I NT RD COOPERSBURG , PA 18036 ATTNQ ------------- --------------- 000 000 0000 - - RETURN OF - ----------------- SERVICE ---------------------- (PURSUANI TO PARCP 405) 1. NAME OF INDIVIDUAL SERVED: !V O Gzut co - f11)A1? .(j 1 -5 Sao ( Zr h*aw- 2. RELATIONSHIP TO DEFENDANT:__ ?1 , ?.? ._..._ ........................._._.................... ....._ ..... ...... _.... ............. .......................... ..... ................ ..... ...... _..__.-- 11''?? ?qq a DATE. fl? - HOURS:; ..... _..... _ ............._r._._....... _.°....... ................... ......._...._........_ `E., LOCATION OF SERVICQ, T Ci L ...... ........................ ........... ...... ..... ......... .......... ......_....................._...._................_......._._..._..._...._................................. .............. ................. ...._........._...._... ?,. UNFiRL.E OCFi!T"'.-* '•E a ' NUMBER Or AT_I E NP I :: 01 !-_F::n::1E'!-ri:: DEFENDANT AT LAST KNOWN ADDRESS- 1. DATE & TIME 2. DATE & TIME 3. DATE & TIME: 4. DATE & TIME DATE TIME i_:. DATE TIME: ACCEPTANCE OF SERVICE I HEREBY ACCEPT SERVICE O THE LEGAL- PROCESS AS OUTLINED ON THE FRONT OF THi DOCUMENT. THIS SERVICE I S ACCEPTED ON BEHALF OF THE LISTED DEFENDANT(S) AND I HEREBY CERTIFY THAT I AM AUTHORIZED TO DO SO. PRINTED NAME OF AUTHORIZED AGEN_I.. DATE,...- ......._.......__...._.........._... ....._ _ ............._...................._-._......._.. i'R:Er,I..E_ raGr?lE OF DEPUTY ShiE_R:'_+ SIGNATURE OF AUTHORIZED AGENT TIME SO ANSWERS D JT'v aHE=RIFF= '00 40 w.. ,.J : . A -IE R I FF OF i._EH I G H COUNTY F:\FILES\Clients\7619 Dickinson College\7619.Collections\7619.C.Current\378 Conklin\7619C.378.pra. reinstate Christopher E. Rice, Esquire Attorney I.D. No. 90916 ' P R 0 T, o1? -o T."I r : MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER2012 MAR 15 AM 10: 22 MARTSON LAW OFFICES Ten East High Street CUMBERLAND COUNTY Carlisle, PA 17013 PENNSYLVANIA (717) 243-3341 Attorneys for Plaintiff DICKINSON COLLEGE, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2012 - 813 KATIE R. CONKLIN, CIVIL ACTION - LAW Defendant PRAECIPE To the Prothonotary: Please reinstate the Complaint in the above-referenced matter. MARTSON LAW OFFICES ?-- ?. BY: Christopher E. Rice, Esquire I.D. Number 90916 Ten East High Street Carlisle, PA 17013-3093 (717) 243-3341 Date: Attorneys for Plaintiff THIS IS A DEBT COLLECTING FIRM ATTEMPTING TO COLLECT A DEBT FOR DICKINSON COLLEGE. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. " 7a-y3? 1 FARLHS\Clients\7619 Dickinson College\7619.Collections.7619C.Current\76190.378 Conklin\7619C.378.pra.discontinue.wpd. Christopher E. Rice, Esquire Attorney 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. 2012 - 813 KATIE R. CONKLIN, CIVIL ACTION _ LAW Defendant A: C= PRAECIPE m To the Prothonotary: ��.. Q7 Q -=__r. � -_-r, Please mark the above-captioned matter settled and discontinued. - �= MARTSON LAW OFFICES By: Christopher E. Rice, Esquire I.D. Number 90916 Ten East High Street Carlisle, PA 17013-30'93 (717) 243-3341 Date: ! �'- /3 Attorneys for Plaintiff THIS IS A DEBT COLLECTING FIRM ATTEMPTING TO COLLECT A DEBT FOR DICKINSON COLLEGE. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. f CERTIFICATE OF SERVICE I, Mary M. Price, an authorized agent of MARTSON DEARDORFF WILLIAMS OTTO GILROY&FALLER,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. Katie R. Conklin 1365 Highpoint Road Coopersburg, PA 18036-9087 MARTSON LAW OFFICES By l j, Q M Price 10 Ea High Street Carlisle,PA 17013 Dated: This is a debt collecting firm attempting to collect a debt for Dickinson College. Any information obtained will be used for that purpose.