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Home My WebLink About12-4931FARLES\Clients\7619 Dickinson College\7619.Collections\7619C.Curtent\7619C.410 Miller\7619C.410.eom Christopher E. Rice, Esquire Attorney I.D. No. 90916 '' r7 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER ? MARTSON LAW OFFICES -D3 Ten East High Street cam-, ,; Carlisle, PA 17013 "' (717) 243-3341 '" .? C-7 - ?G, Attorneys for Plaintiff ;C C:l DICKINSON COLLEGE, IN THE COURT OF COMMON PLE dt h,v Plaintiff CUMBERLAND COUNTY, PENNSYLVANI A V. NO. 20112 - ( q3 KITZRELL A. MILLER, CIVIL ACTION - LAW Defendant NOTICE You have been sued in court. If you wish to deFend against the claims set forth in following pages, you must take action within twenty (20) days after this Complaint and Notice served, by entering a written appearance personally or by attorney and filing in writing with the co your defenses or objections to the claims set forth against you. You are warned that if you fail to so, the case may proceed without you and a judgment ay be entered against you by the co without further notice for any money claimed in the Co plaint or for any other claim or rel requested by the Plaintiffs. You may lose money or prope -ty or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO HAVE A LAWYER, GO TO OR TELEPHONE THE (OFFICE SET FORTH BELOW. OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAZG R, THIS OFFICE MAY BE ABLE PROVIDE YOU WITH INFORMATION ABOUT NCIES THAT MAY OFFER LEC SERVICES TO ELIGIBLE PERSONS AT A REDUCE EE OR NO FEE: Cumberland County Bar Association 32 South Bedford Strleet Carlisle, Pennsylvania 0013 Telephone (717) 249-1166 .47 «' 3 , 7 ,. d --Ar 6D C&VJ 'e a `7 0/ 9 r FAFILEWlients\7619 Dickinson College\7619.Collections\7619C.Cturent\7619C.410 Miller\7619C.410.com 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, PENNSYLVAN. V. NO. 2012 - KITZRELL A. MILLER, CIVIL ACTION - LAW Defendant COMPLAINT AND NOW, comes Plaintiff Dickinson College by and through its attorneys, M, DEARDORFF WILLIAMS OTTO GILROY & FALLEN., and hereby avers as follows: 1. Plaintiff, Dickinson College, is a Pennsylvania educational institution and corporation with its principal place of business at West ',Street, Post Office Box 1773, Carlin Cumberland County, Pennsylvania 17013. 2. Defendant, Kitzrell A. Miller, is an adult indlividual with a last known address of 61 Upland Street, Philadelphia, Philadelphia County, Pennsylvania 19142. 3. On or about August 9, 2004, Defendant entered into a Promissory Note (Note # with Plaintiff for the financing of a loan, plus interest and casts, for educational services and benef at Plaintiff's institution. A copy of Note #1 is attached heteto as Exhibit "A." 4. On or about October 25, 2005, Defendant entered into a Promissory Note (Note # with Plaintiff for the financing of a loan, plus interest and cdsts, for educational services and benef at Plaintiff's institution. A copy of Note #2 is attached hereto as Exhibit "B." 5. The Notes are funds created under Part E of, Title IV of the Higher Education Act 1965 as amended (hereinafter the "Act") and is subject to thje Act and the Federal Regulations issu 2 1) under the Act. 6. 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. 7. The principal amounts for the Notes was $3,348.00. 8. The Note grants Plaintiffreasonable collection and attorneys' fees which Plaintiff as calculated to be $750.00. 9. As of June 19, 2012, the principal and interest due and payable by Defendant to Plaintiff was $3,578.06, with interest accruing at 5% per annum. 10. Plaintiff has fulfilled, performed and complied with all obligations and condition of the Notes. COUNTI BREACH OF CONUACT 11. Plaintiff hereby incorporates by reference the averments contained in Paragraph 1 through 10 of this Complaint. 12. Defendant breached the expressed and implied obligations, conditions and term of agreement of the Note by failing to pay the amount financed therein. WHEREFORE, Plaintiff demands judgment against Defendant in the amount of $3,578. 6, plus interest accruing at 5% per annum thereafter, collection and attorneys' fees in the amount of $750.00 and costs of suit. COUNT II IN QUANTUM MER?UIT 13. Plaintiff hereby incorporates by reference the averments contained in Paragraph 1 through 12 of this Complaint. 14. Having requested Plaintiff to loan money, and doing so to the benefit of Defend t, Defendant became liable to Plaintiff for said money. 15. Defendant has been unjustly enriched by accepting said money without payi g Plaintiff reasonable compensation therefor. WHEREFORE, Plaintiff demands judgment against Defendant in the amount of $3,578. 6, plus interest accruing at 5% per annum thereafter, collection and attorneys' fees in the $750.00 and costs of suit. MARTSON LAW OFFICES BY r S 0(-- Christopher E. Rice, Esquire I.D. N er 90916 Ten East High Street Carlisle, PA 17013-3093 (717) 24?-3341 Attorneys for Plaintiff Date: F 7 /a/ This is a debt collecting firm attempting to collect debt for Dickinson College. Any information obtained will be used ifor that purpose. f EXHIBIT "A" T- FEDERAL PERKINS LOAN MASTER PROMISSORY NOTE ,..1. M17I. 4-.r. ' 4w.....r.,-._- f 1. Name (last, first, middle initial) and 2. Social Sectnity Number Permanent Address (street, city, state, zip cgde) ' i er -+Qn rCJ'r/b ( 3. Date of Birth (mm/dd/yyyy) r , r T 4. Home Code/Telephone Number 512( eS?- 1 • i,14-P4 .-«+e t_ - it : } sta'i abtr 6. Dickinson College 7. Annual lnt?rft Rate P.O. Box 1773 5% Carlisle, PA 17013-2896 [Any bustled clause or paragraph may be included at option of institution] Terms and CondWoxs: (Note: Additional Terms and Condi ns follow on subsequent pages) APPLICAl1LS LAW -The terms of this Federal Parkins Loan MasterPromiaory Note called the Nate) and any disbaramaaae made unftd=N 3W shall be interpreted in W=1d10Cq with Part E of Title 1V ofthe Higher Education Act of 1965,u (ho einadter.? the Act), as well as Federal regulations ' unlerthe Act All sum advanced under this Note are sutle dto the Act and Federal regulations issued the Act REPAYMENT - I am obligated to repay the principal and the interest that accrues on my berm be*mh* 9 mantis (o sooner if I am a Lass-Than-Hal=r= Bommwem) after the does I cease compar" School outside the MAW States approved by the tWW Stites Deportment ofEdh request to writing that my mepmusardperiod be& sooner. I understand that the School will nap to at leant one national credit bw=L Irmered on this ban shall accrue ft m the berginatns of th required by my School to nub minimum monibly payments. My mepsyroa t period maybe es gmaduded installments in ar cadence with a schedule approved by the Depuamad. I will naive installments as detmmated by the School. The School may round my installment paymeettio it S40 (or $30 if I Piave oubmtding Federal Perkins Low made before October 1, IM that M Loans) m accordance with the Minfri m Monthly Payment Section ofthe Tammy and Condido I to the obovenssned itsi idrtiomm (hereinafter tailed the School) & period be st least a baftne student at an ins tdtpr of higher Ora tlon (haeimafer called the Duhpartmast) and emd6ag 10 yon , unless I t the amount of my installment paymsaxa, along with the of this loan epaymeotpenod. My repsymeed period may be shorter than 1 years if I s n coded &a* period$ of I I mad. bat d* or Iurbaanmoe and may make Y hshMmmt payments in ergmd ntoft. ?iamtlhlyr. or AhWb t mmkipla ofs5. a will rodee a minimurn monthly -------- of ed the $30 minimum payment option or outstanding Natal Student contained on the reverse side of this document] 3 LATE CHARGES -The School may impose late charges if I do not mains a scheduled payrn* ohm dime or if I fd to submit to the School on or be&me the date of the payment a properly doammsoled request 1r airy ofine Bribe raUoe, deft mmerd, or aeon b6offis as described below. No late chaises may exceed 20 ofmy mmhly, binmoauhly, or qumterty psymmmt The School may add the late chaMes to prin*d time afer the whod" payment was &a dr'include it with the ant scheduled psynment after I have redaived notice of the charge, and such nobee is amt befbne the mstalimemt is due. FORRXARRANCE, DZFZRNlENT, OR CANCSL.IATION- I may apply for a farbearmoa, or cancellation on my loan. Doing am approved per, payer of principal and is own or principal only, may be postponed or reduced. continues to accrue while my loan is in *rbeee nos Dzing an approved deferment period, I on not required to mobs scheduled iostellment payments an my loan I am not liable for my imntrat that migld odmerwise acane wbile loan is in do&ment WI mat the eligibility requirements fir a cerroeltidon ofmy look the institution cancel up to.100 pamxnt oftlm o>btsoYog principal loan Information on eligibility and application requirements for fobeearces, die maps, and is provided on pages 2 and 3 of this Nota. I am responS le for submitting the. appropriate requests on time, and I may lose mybeneHb i f I fail to file my on time, DEFAULT - The School may, at its optim declare my lom to be in de$ult if (1) I fiat to D!t srbadtiled payman when due; (2) I foil to snhmnit to the 1, on or SOU4 Q cancelirtion; a (3) I &9 to oomrrplyh with the teams and of beta the due date of a scheduled payment, documentation the I qud* fr a fEt' - -- this Note orwritten repayment agnomen. The School may anigrr a da(in8led ltom wret 1br collection. I wall be ineligible 1br any lhrtlmer 16dera1 financial assistance m9wrized under the Act and I make arrangements that are ten school a the Department to repay my loam. The ScFmooI or th Department shall disclose to credit burenuomppumistieas that I boo daft dted and all attar relevant loam ' 1 will lose my rigid to defhm'paymads and my rightto if I default on my lam The School or the Department may adcderese my def ulted ban Accelerv* means that the School or the Department demands p symerd of the entire tmpaid balaraa of the lean, inchndirhg principal. interact, lads ddmages, and coliadomn boats [will losemY rightto heceive oaeoagation bed>e8te for ox ft is performed afar the date the School or the Department accelerated time loan. CHANGE OF STATUS - I will inform the School of any change in my name, address, telephone number, Social Secur ity Number, or driva's license number. PROMISE TO PAY: I promise to pay the School, or a subsequent holder ofthe Note, aeof under the terns oft his N ote, plus insert and other fe is which may be co ndue as provided in this Nate. I understand that multiple laws nder this Note. I understand that by adopting any disburser =a issued at airy tins under this Note, I sgree to repay tine loss. I understnd that each lis ceable based on a true and eruct copy of this Note. I that I may cancel or reduce the amount of army loan bynot accepting or pry retuning all er a podisbursement that is issued. If I do not retake any payment anyy loan uder this Nate when it is due, I promise to pay all reasonable collection costs, includarg s, court costs, ad other &m I will not sip this Note before reading the entire Note, even if I am told that I an not required to read it I am esntRW to an eanct coote. This loan has been made to me without security or ant My signature oxrtifies I have read, understand, and agree to the terns and conditions of this Note,' I THAT WdjkY RECEIVE ONE O MORE LOANS UNDER THIS MASTER PROMI480RY NOTE AND THAT I MUST RP4A SUCH /12 LO {r^'` - B er's Date V \ Page 1 of 4 _--- - _ EXHIBIT "B" T _ FEDERAL PERKINS LOAN MASTER PROMISSM OTE 0&3=M 1. Nalne (last, first, middle initial) and 2. Social S unity Number Pe eat Address (street, city, state, zip code) 3. Date of Birth (mmldd/yyyy) 4. Home Area Code/Telephone Number 5. Driver's License N-0- R - efe4^ abb ev 6. School Name & Address (street, city, state, zip code) 7.) Dickinson College 5% PO Box 1773 Carlisle PA 17013-2896 [Any bracketed clause or paragraph may be included at option of institution) Terms and CondWons: (Note: Additional Terms and Condi s follow on subsequent pages) APPLICABLE LAW - The tanr of this Federal Peddna Loan Master Promissory Note (hereirifaft called the Note) and any disburse rants made under thi Note shall be interpreted in accordance with Part E of 1911o IV of the Higher Education Act of 1965, as amended (horainaiter called the Act), u well as Federal regulations ssued under the Act All sutns 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 loans beginning 9 months (or sooner if i am a Less-Than-Half-Time Borrower) after the date I can I comparable School outside the United State approved by the United States Department of Edu request in writing that my repayment period begin roster. I tmdentand that the School will rep to at least one national credit bureau. Interest on this loan shall accrue from the beginning of the required by my School to make minimum monthly payments. My repayment period may be ex graduated installments in accordance with a schedule approved by the Department I will matte installments as determined by the School. The School may round my installment payment to th S40 (or Sal) if i have outstanding Federal Perkins Lora made before October 1,1992 that inter Loans) in accordance with the Minimum Monthly Payment Section of the Terms and Condidor to the above-named institution (hereinafter called oho Sch 1) over a period 60 at let a half-time student at an inftit'ttien of ldgher OdU Ora or i pion (hereinafter called the Department) snd ending 10 later, antes I t the amount of my installment peymand, slang with der t of this loan repayment period. My repayment period nay be ab 10 years if i am nil during periods of deferent, hardship, or tbrb F® I may make y installment payments in equal monthly, birnanh r y text highest multiple of $5. [I will make a minimum month! repayment of lad the $30 minimum payment option or outstanding Nati Direct Student contained on the averse side of this document.) i LATE CHARGES - The School may impose late charge if I do toot make a scheduled psyn* when due or if I fail to submit to der School on or before thr due date of the payment, a properly documented request for any of the forbearance, defem mt, or cancellation *eft as described below. No late charges may exceed 20 t of try monthly, bimonthly, or quarterly payment The School may add the late charge to principal the day after On scheduled payment was due or include it with a next scheduled payment after I have received notice of the charge, and such notice is sent befoe the eat installment is due. FORBEARANCE, DEFERMENT, OR CANCELLATION - I may apply for a forbearance, deferment, or cancellation on my low. During an approved period, payments of principal end interest, or principal only, may be postponed c reduced41n continues to accna while tnty Pao is in florbeeerce. Dur ng an approved de:ferrrent period, I am not required to flake scheduled hutallmo nt payments on rtry lean. t liable for any interest that might odurwise accrue while loan is in deferment If 1 meet the eligibility requirements for a cancellation of my lean, the instituancel mgr to 100 percenof the outstanding principal lore anxitint Information on eligibility end application requirements for forbesmtces, deferments, and sea is provided on pages 2 and 3 of this Note. I am 'ble for submitting the appropriate requests on titre, end I may lose my benefits if I fail to file my n time. DEFAULT - no School may, at its option, declare my loan to be in deftult if (1) I fail to nalee a scheduled payment when due; (2) I b ul ID submit to the hoof, on or before the due data of a scheduled payment, documentation that 1 qualify for a fabearmce, defermet, or ancellatlen; or (3) 1 tail b comply with the tear conditions of this Note or written repayment agreement The School may assign a defaulted loan to the ioparotiord for collection. I will be ineligible for any flatter fiederr4 student financial assistance authorized under the Act until I make arrangements that more aadsiket ry to 66 School or the Department to repay ray loan. The School the Department shall disclose to credit bureau orpniestions that I have defaulted and all other relevant loan ' on. I will lose my right to defter payments and ny right forbearmoMY if I default on my loan. The School or the Department may accelerate my de&ulted loan. Acct means that the School or the Department de rends i fate payment of the entire unpaid balance of the loan, including principal, interest, late charges, and collection cost. i will lose ray right to receive cancellation benefits fob 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 Security Number, or drivers license PROMISE TO PAY: I promise to pay the School, or a subsequent holies of the Note, all 4sunrmv sbursed under the terms of this Note, plus inure.9t and fees which may become due as provided in this Note. I understand that multiple loans may be madunder fhb Note l understa nd that by accepting any diabu menta issed at any time under this Note, l agree m repay the loans. I understand that each lwn is separale Magid an a true and exact o?y of this Note I un standthatl may cancel or reduce the amount of any loan by not accepting fir by returning all or a portiy disbursement that is issued. If 1 do not make any pa t on any loan under this Note when it is due, I promise m pay all nasormable collection cats, including a ees, cowl costs, and other fee. I will not sign this Note reading the entire Note, even if I am told that 1 am not required to read it I am entitled to an exact copNote. This loan he been made to me without security or or. dorsement My signature certifies i have read, understand, and agree to the terms and conditions of this Note. I UND TAND THAT I MAY IVE ONE OR MORE LOANS UNDER THIS MASTER PRO R NOTE AND THAT I MUST RE L 3. BOt70 's Signatufe' Date SUCH Page I of 4 T VERIFICATION I, SALLY HECKENDORN, Bursar of Dickinson College, acknowledge that I have he 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 e document and to the extent that this Complaint is based upon information which I have given to y counsel, it is true and correct and to the best of my knowledge, information and belief. To the ext nt that the content of this Complaint is that of counsel, I have relied upon counsel in making Verification. This statement and Verification are made subject to the penalties of 18 Pa. C.S. § 49 relating to unsworn falsification to authorities, which provides that if I knowingly make fa averments, I may be subject to criminal penalties. Dickinson College Sally Heaken om Bursar Dated: ff `131 1V F:\FILES\Clients\7619 Dickinson College\7619.Collations\7619C.Current\7619C.410 Miller\7619C.410.com FAMES 1Clients17619 Dickinson College17619.Collections\7619C.Current17619C410 Millet-17619CA10.praseinstate Christopher E. Rice, Esquire , - - Attorney I.D. No. 90916 . r wiz MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES 2014 MAR 19 PM 12: 414 Ten East High Street Carlisle, PA 17013 CUMBERLAND COUNTY (717) 243-3341 PENNSYLVANIA Attorneys for Plaintiff DICKINSON COLLEGE, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 2012 - 4931 KITZRELL A. MILLER, : 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 Attorneys for Plaintiff Date: This is a debt collecting firm attempting to collect a debt for Dickinson College. Any information obtained will be used for that purpose. 7$ - a_g ,e,14 3o3/4,,? F:\FILES\Clients\7619 Dickinson College \7619.Collections\7619C.Current\7619C.410 Miller\ 7619C.410.pra.reinstate 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 - 4931 KITZRELL A. MILLER, : CIVIL ACTION - LAW Defendant PRAECIPE To the Prothonotary: Please reinstate the Complaint in the above -referenced matter. MARTSON LAW OFFICES By: A S Christopher E. Rice, Esquire I.D. Number 90916 Ten East High Street Carlisle, PA 17013-3093 (717) 243-3341 Attorneys for Plaintiff Date: (— 2 /— This is a debt collecting firm attempting to collect a debt for Dickinson College. Any information obtained will be used for that purpose. Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY Rb`': -'fir,. 2'1iJUL 11 Pi10:21 PENNSYLVANIA OFFICEOFTHW �44h'IFF Dickinson College vs. Kitzrell A. Miller Case Number 2012-4931 SHERIFF'S RETURN OF SERVICE 05/21/2014 Sheriff Ronny R Anderson, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Kitzrell A. Miller, but was unable to locate the Defendant in the Sheriffs bailiwick. The Sheriff therefore deputizes the Sheriff of Philadelphia, Pennsylvania to serve the within Complaint & Notice according to law. 06/25/2014 The requested Complaint & Notice returned by the Sheriff of Philadelphia County, the within named Defendant Kitzrell A. Miller, not found. Jewell Williams, Sheriff, Return of Service attached to and made part of the within record. SHERIFF COST: $37.49 SO ANSWERS, July 08, 2014 (c) CountySuite Sheriff, Teleosoft, Inc. RONR ANDERSON, SHERIFF Ronny R Anderson Sheriff Jody S Smith Chief Deputy SHERIFF'S OFFICE OF CUMBERLAND COUNTY OFFICE OF THE SHERIFF Richard W Stewart Solicitor EXP: 06/20/2014 6142 UPLAND STREET, PHILADELPHIA, PA 19142 Dickinson College vs. Kitzrell A. Miller Case Number 2012-4931 LService Details: Category: Manner: Notes: SERVICE COVER SHEET Civil Action - Complaint & Notice Deputize Expires: 06/20/2014 Zone: Warrant: fr( r', /YD /1/1/5/11-€ ' [Serve To: Name: Primary Address: Phone: Alternate Address: Phone: Kitzrell A. Miller 6142 Upland Street Philadelphia, PA 19142 DOB: Final Service: Served: Adult In Charge: Relation: Date: Deputy:4 Personally • Adult In Charge • Posted [Attorney / Originator: Name: Time: Mileage: 047 �pW Christopher E Rice Phone: 717-243-3341 LService Attempts: Date: Time: w N Mileage: N Deputy: MILLER, KITZRELL A. 1 ? J 5 Notes / Special Instructions: Now, May 21, 2014 I, Sheriff of Cumberland County, Pennsylvania do hereby deputize the Sheriff of Philadelphia County to execute service of the documents herewith and make return thereof according to law. Return To: Cumberland County Sheriff's Office One Courthouse Square Carlisle, PA 17013 (c) GountySu,te Sheriff, Te;eosofl. Inc Ronny R Anderson, Sheriff F:\FILES\Clients\7619 Dickinson College \7619.Collections\7fi19C.Current\7619C.410 Miller \7619C.410.pra.reinstate Christopher E. Rice, Esquire Attorney I.D. No. 90916 MARTSON LAW OFFICES Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff 9: 50 RL A ;',10 Li.; PENNSYLVANI DICKINSON COLLEGE, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 2012 - 4931 KITZRELL A. MILLER, , : 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 Attorneys for Plaintiff Date: 3 /5--- This is a debt collecting firm attempting to collect a debt for Dickinson College. Any information obtained will be used for that purpose. it.7c,d //2 ,75-.2/g 1e 3 /s s's