Loading...
HomeMy WebLinkAbout12-0724 • FARLES\Clients\7619 Dickinson College\7619.Collections\7619.C.Current\353 Coulibaly\7619C.351corn.pl r Christopher E. Rice, Esquire - == Attorney I.D. No. 90916 M n +T MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES °i ' Ten East High Street ->' C -J Carlisle PA 17013 , (717) 243-3341 Attorneys for Plaintiff DICKINSON COLLEGE, : IN THE COURT OF COMMON PLEAS OF Plaintiff V. ALLASSANE COULIBALY, Defendant : CUMBERLAND COUNTY, PENNSYLVANIA -7 V> NO. 2012 - ?Y 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 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 y'?o.3r 7???Q ??, -2073 A ? F:\FILES\Clients17619 Dickinson College\7619.Collections\7619.C.Current\353 Coulibaly\7619C.353.com.pl 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 - ALLASSANE COULIBALY, 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. Defendant, Allassane Coulibaly, is an adult individual residing at 595 Grant Street, UPPR 4, Buffalo, New York 14213-1015. 3. On or about December 10, 2005, Defendant entered into a Promissory Note - Federal Perkins Loan Program ("Note") with Plaintiff for the financing of $1,218.00, plus interest for educational services and benefits at Plaintiff's institution. A copy of the Note is attached hereto as Exhibit "A." 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 $1,218.00. 7. The Note grants Plaintiff reasonable collection and attorneys' fees which Plaintiff has calculated to be $400.00. 8. As of August 4, 2011, the principal and interest due and payable by Defendant to Plaintiff was $1,323.31, 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 10. 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 $1,323.31, plus interest accruing at 5% per annum, collection and attorneys' fees in the amount of $400.00, and costs of suit. COUNT II IN QUANTUM MER UIT 12. Plaintiff hereby incorporates by reference the averments contained in Paragraphs 1 through 11 of this Complaint. 13. 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 $1,323.31, plus interest accruing at 5% per annum, collection and attorneys' fees in the amount of $400.00, and costs of suit. MARTSON LAW OFFICES By: ??? h S ?? 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" FEDERAL PERKINS LOAN MASTER PROMISSORY NOTE ,*w-corn rum 1. Name (last, first, middle initial) and Permanent A?es p( IS/?? city state , zip code) .#JWf*N y Z me I7 r' A10'r4o lt 6. Dickinson College P.O. Box 1773 Carlisle, PA 17013-2896 2. Social Security Number 3. Date of Birth (mm/dd/yyyy) 4. Home Area Code/Telephone Number x 5. Driver's License Number (List state abbreviation first) 7. Annual Interest Rate 5% [Any bracketed clause or paragraph may be included at option of institution] Terms and Conditions: (Note: Additional Terms and Conditions follow on subsequent pages) APPLICABLE LAW -The terms of this Federal Perkins Loan Master Promissory Note (hereinafter called the Note) and any disbursements made under this Note shall be interpreted in accordance with Part E of Tit It IV of the Higher Education Act of 1965, as amended (hereinafter called the Act), 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 abovo-named institution (heroinafter called the School) over a period beginning 9 months (or sooner if I am a Less-Than-Half-Time Borrower) after the date I cease to best least a half-time student at an institution of higher education or a comparable School outside the United States approved by the United States Department of Education (heroinafter 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 ifI am required by my School to make minimum monthly payments. My repayment period may be extended during periods of deferment, hardship, or forbearance and I may make graduated installments in accordance with a schedule approved by the Dopertment I will make my installment payments in equal monthly, bimonthly, or quarterly installments as determined by the School. The School may round my installment payment to the next highest multiple of $5. a will make a minimum monthly repayment of 540 (or S30 if I have outstanding Federal Perkins Loans made before October 1, 1992 that included the 530 minimum payment option or outstanding National Direct Student Loans) in accordance with the Minimun Monthly Payment Section of the Terms and Conditions contained on the reverse side of this document.) LATE CHARGES - The School may impose late charges if I do not make a scheduled payment when due or if I fail to submit to the School on or before the due date of the payment, a properly documented request for any of the forbearance, 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 charge, and such notice is sent before the next installment is due. FORBEARANCE, DEFERMENT, OR CANCELLATION- I may apply for a forbearance, defarmen; or cancellation on my loan. During an approved forbearance period, payments of principal and interest, or principal only, may be postponed or reduced Interest continues to accrue 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 accrue 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. Information 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) 1 fail to make a scheduled payment when due; (2) I fail to submit to the School, on or before die 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 Department shall disclose to credit bureau organizations that I have defaulted and all other relevant loan information. I will lose my right to defer payments and my right to forbearance if I default on my loan. The School or the Depamnent may accelerate my defaulted loan. Acceleration means that the School or the Department demands immediate payment of the entire unpaid balance of the loan, including principal, interest, late charges, and collection costs. I wi Il lose my right 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 disbursed under the terms of this Note, plus interest and other fees which may become due as provided in this Note. I understand that multiple, loan may be made to me 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 accepting or 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 entitled 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 terns and conditions of this Note. I UNDE ZT! I Y REC ONE OR MORE LOANS UNDER THIS MASTER PROMISSORY NOTE AND THAT I MUST REPAY SUCH LOAN Borrower's Signature Date Page 1 of4 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:'?.^?o Sally Hecken rn, Bursar FAFILES\Clients\7619 Dickinson College\7619.Collections\7619.C.Current\353 Coulibaly\7619C.353.com.pl F. AEILESVClients?7619 Dickinson CollegeA7619. CollectionsV7619 C.Cu.rent\353 Coulibaly\7619C 353. as2 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. ALLASSANE COULIBALY, Defendant AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF CUMBERLAND ) I hereby certify that a copy of the Complaint in the above captioned matter was mailed to Allassane Coulibaly, 595 Grant Street, UPPR. 4, Buffalo, New York 14213-1015, by certified mail, restricted delivery, return receipt requested. Attached is the Post Office return receipt signed by Allassane Coulibaly and dated February 10, 2012, with attached receipt of costs in the amount of $10.50. MARTSON LAW OFFICES By Sworn to and subscribed before me this o2- day of May, 2012. NO. 2012 - 724 CIVIL CIVIL ACTION - LAW SS. Christopher E. Rice, Esquire Attorney I.D. No. 90916 Ten East High Street Carlisle, PA 17013 (717) 243-3341 ?? TH OF PENNSYLVANIA Nota ublic 0ONW)NWEAL Notarial Seal Mary M. Price, Notary Public C 1de soro, Cumberland County OormAssbn Expires Aug. 16, 2015 M VANIA Aw&kAmTI0N OF NOTARIES rn C? ?O ra s? N cn cD C7 , ¦ Complete Items 1, 2, and 3. Also complete item 4 If Restricted Delivery is desired. ¦ Print your name and adds on the reverse so that we can return the card to you. • Attach this card to the back of the mailpiece, or on the front If space permits. 1. Article Addressed to: A. Mf x 0 Agent 0 Addlaseee B. Pnnfed Name) C. Date of Delivery D. Is ry add?rGent iromllbr? 1? ? Yes If YES, enter address below, 0 No C ?y 1,3 owl 0 Re? _El ?m-?i?elpt far M?d?r?e A) /S 0 kwAid ` V G.O.D. 4. Metric' amuFee) Oy" 2. Article Number ?011 2000 0001 2522 5110 Ps Form 3811, February 2004 - Domestic Retum Receipt ----- --- 102588.02-W18410 C IJEti?i ?? C3 i . r-3 r? Ln 7UELEL't-CO", `' 4fY rt.l ru u1 Postage ru Certified Fee E3 Retum Receipt Fee O (Endorsement Required) M Restricted Delivery Fee C3 (Endorsement Required) C3 0 Total Postage & Fees rL t To rq C3 t F. 3`neet, Ap . ? Or PO Box No. S 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 - 724 ALLASSANE COULIBALY, CIVIL ACTION - LAW Defendant TO: ALLASSANE COULIBALY, DEFENDANT NOTICE OF ENTRY OF DEFAULT JUDGMENT You are hereby notified that on I-/ IF/ '2012, the following Judgment was entered against you in the above-captioned case: Judgment in the amount of $1,323.31, plus interest accruing at 5% per annum, collection and attorneys' fees in the amount of $400.00, and costs of suit as prayed for in the Complaint for Defendant's failure to file an answer to the Complaint. Date: 34 21 & Prothonotary I hereby certify that the name and address of the proper person to receive this notice under Pa. R. Civ. P. 236 is: Allassane Coulibaly 595 Grant Street, UPPR. 4 Buffalo, NY 14213-1015 F:\FILES\Climts\7619 Dickinson College\7619.CdlectionsV619C.CurrentU63 Coulibaly\7619C.363.pra.default.pl G rnw Christopher E. Rice, Esquire (, r- Attorney I.D. No. 90916 y - CO C) MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER c= MARTSON LAW OFFICES Acs _ ? ,'`` Ten East High Stree t-, ° E5 _ Carlisle, PA 17013 cn (717) 243-3341 y Attorneys for Plaintiff DICKINSON COLLEGE, IN THE COURT OF COMMON FLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYL VANIA V. ALLASSANE COULIBALY, Defendant TO THE PROTHONOTARY: : NO. 2012 - 724 CIVIL ACTION - LAW PRAECIPE Enter default judgment in the above-captioned action in favor of Plaintiff and against Defendant Allassane Coulibaly, in the amount of $1,323.31 plus interest accruing at 5% per annum, collection and attorneys' fees in the amount of $400.00, and costs of suit as prayed for in the Complaint for Defendant's failure to file an answer to the Complaint. I do hereby certify that a written notice of intention to file this Praecipe was mailed to the Defendant at the address indicated thereon, on May 2, 2012, which date was subsequent to the date default occurred and at least ten (10) days prior to the date of the Praecipe. MARTSON LAW OFFICES Lam- ,? By j Christopher E. Rice, Esquire I.D. Number 90916 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff CC41no Dated: 44- 1- 7 o r 1404,Ct At a. l?? . FAFILES\Clients\7619 Dickinson College\7619.Collections\7619.C.Current\353 Coulibaly\7619C.353.10daynotice2 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. ALLASSANE COULIBALY, Defendant : NO. 2012 - 724 CIVIL : CIVIL ACTION - LAW IMPORTANT NOTICE TO: ALLASSANE COULIBALY Date: May 2, 2012 595 Grant Street, UPPR. 4, Buffalo, NY 14213-1015 YOU ARE IN DEFAULT BECAUS?YOOU?HY AND ILE IN WRITTEN FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY A COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A YOU WITHOUT A HEARING AND YOU MAY JUDGMENT MAY BE ENTERED AGAINST YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR OHE OFFICE LAWYER SET FORTH BELOW OTHNOT IS HAVE A LAWYER, GO TO OR TELEPHONE OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO OFFER LEGAL PROVIDE YOU WITH INFORMATION ABOUT REDUCED FEES OR NO THAT FEE. SERVICES TO ELIGIBLE PERSONS AT This a debt collecting firm attempting to collect a debt. Any information obtained will be used for that purpose. Cumberland County Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 Telephone:(717) 249-3166 MARTSON LAW OFFICES By-0, - ? . Christopher E. Rice, Esquire 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. ALLASSANE COULIBALY, Defendant : NO. 2012 - 724 : CIVIL ACTION - LAW AFFIDAVIT AS TO MILITARY SERVICE COMMONWEALTH OF PENNSYLVANIA ) :SS. COUNTY OF CUMBERLAND ) Christopher E. Rice, Esquire, being duly sworn according to law, deposes and says that he has authority to make this affidavit on behalf of his client, and to the best of his knowledge, information and belief, the Defendant above named is not in the military service of the United States of America, that he has knowledge that the said Defendant is now living at: 595 Grant Street, UPPR. 4, Buffalo, NY 14213-1015. Said Defendant's place of employment is unknown. Sworn to and subscribed before me this day of , 2012. N blic Christopher E. Rice, Esquire NOWWSBW I . loll 38 3015 MIE IN al vmnwm? PMEMNEWWW-aw" Department of Defense Manpower Data Center Results as of: May-17-2012 01:35:28 SCRA 2.1 40 Sty Raport Purmmt to Savkomemben Civil Relief Act Last Name: Coulibaly First Name: Allassane Active Duty Status Date May-17-2012 ...Active Duty End Date Statue service component On Active Duty On Acttve Duty Status Date NA No NA This response reflects he individuals' active duty statue based on the Active Duty statue Date Left Active Duty Within 387 Days of Active Duty Status Date NA No NA This response reflects where the Individual left active duty status within 387 days preceding the Active Duty Status Date The Member or HWHer Unit Was Notified of a Future Cell-Up to Ad9ve Duty on Act" Duty Status Date NA No NA This response reflects whether the individual or Mather unit has received early nodBceYcn to report for active duty Upon searching the data banks of the Department of Defense Manpower Data Center, based on the information that you provided, the above is the status of the individual on the active duty status date as to all branches of the Uniformed Services (Army, Navy, Marine Corps, Air Force, NOAA, Public Health, and Coast Guard). This status includes information on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty. 4121 A. I I W MA'Aj asw f-W-Wapor -7 Mary M. Snavely-Dixon, Director Department of Defense - Manpower Data Center 4800 Mark Center Drive, Suite 04E25 Arlington, VA 22350 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 - 724 ALLASSANE COULIBALY, CIVIL ACTION - LAW Defendant COMMONWEALTH OF PENNSYLVANIA ) : SS COUNTY OF CUMBERLAND Christopher E. Rice, Esquire, being duly sworn according to law, deposes and says that he is an employee of MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER, attorneys for the Plaintiff in the above captioned matter and that pursuant to the provisions of the Pennsylvania Rules of Civil Procedure, a notice of intention to enter default judgment against the Defendant was given to him by mail on May 2, 2012. Christopher E. Rice, Esquire Sworn to and subscribed before me this day of A.,) , 2012. N Public M" M. Pelee' MWy jbk Got* eor% 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 Affidavit of Service was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Allassane Coulibaly 595 Grant Street, UPPR. 4 Buffalo, NY 14213-1015 MARTSON LAW OFFICES By A-) Price Ten ast High Street Carlisle, PA 17013 (717) 243-3341 Dated: THIS IS A DEBT COLLECTING FIRM ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.