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HomeMy WebLinkAbout12-5358 T _ .r ~ F FII.I C l liens. ?G.4 Dickinson :'ollear. J619 Collections~7619C CurrenA76190 408 ChughV76190 408 con Christopher E. Rice, Esquire Attorney LD. No. 90916 MARTSON DEARDORFF WILLIAMS OTTO GILRC>Y & FALLER MARTSON LAW OFFICES -i-en I~:ast High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff DICKINSON COLLEGE, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PEN~SYLVAATIA ~ ~ NO. 12 - 5'`3,5-~ CIVIL T'rt ~ c G'7 "C~ r ADI"lYA CHUGH, N N ~ c Defendant ~ xs .~i a z . NOTICE --.~~r'P rv - You have been sued in court. If you wish to defend against the claims set forth iri the following pages, you must take action within twenty (20) days after this Complaint and Notice ire served, by entering a written appearance personally or by attorney and filing in writing with the court our 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 rel7ef requested by the Plaintiffs. You may lose money or property or other rights important to you.. YO[J SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NAT 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 B>~ 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 l 0 3.7 spy ~r~ a6 1 . ~ F'PILES\Gients`'619 Dickinson CollegeV619 CollectionsV619C.CurrentA7619C 408 ChughV7619C 408.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, PENNSYLVAl'~1IA v. NO. 12 - CIVIL TERM ADITYA CHUGH, Defendant COMPLAINT AND NOW, comes Plaintiff Dickinson College by and through its attorneys, MART50N DEARDORFF WILLIAMS OTTO GILROY & FALLER, and hereby avers as follows: 1. Plaintiff Dickinson College is a Pennsylvania educational institution and nonpirofit corporation with its principal place of business at West Street, Post Office Box 1773, Carlisle, Cumberland County, Pennsylvania 17013. 2. Defendant Aditya Chugh (hereinafter "Student") is an adult individual whose last known address is 330 East 38`h Street, Apt. 39-F-E, New York, NY 10016-2759. 3 . On or about January 31, 2001, Student entered into the Abe and Cora Hurwitz Student Loan (Loan # 1) with Dickinson for the financing of $2,500.00. A copy of Loan # 1 is attached hereto as Exhibit "A." -1. On or about February 20, 2001, Student entered into the Abe and Cora Hurwitz Student Loan (Loan #2) with Dickinson for the financing of $250.00. A copy of Loan #2 is attached hereto as Exhibit "B." 5. On or about July 16, 2001, Student entered into the Abe and Cora Hurwitz Student Loan (Loan #3) with Dickinson for the financing of $6,000.00. A copy of Loan #3 is attached hereto as Exhibit "C." y 6. On or about November 5, 2001, Student entered into the Abe and Cora Hurwitz Student Loan (Loan #4) with Dickinson for the financing of $2,000.00. A copy of Loan #4 is attached hereto as Exhibit "D." 7. On or about March 27, 2002, Student entered into the Abe and Cora Hurwitz Student Loan (Loan #5) with Dickinson for the financing of $500.00. A copy of Loan #5 is attached hereto as Exhibit "E." 8. On or about June 28, 2002, Student entered into the Abe and Cora Hurwitz Stuv=lent Loan (Loan #6) with Dickinson for the financing of $2,000.00. A copy of Loan #6 is attached heireto as Exhibit "F." 9. On or about August 20, 2002, Student entered into the Abe and Cora Hurwitz Student Loan (Loan #7) with Dickinson for the financing of $10,000.00. A copy of Loan #7 is attached hereto as Exhibit "G." 10. On or about September 10, 2003, Student entered into the Abe and Cora Hurwitz Student Loan (Loan #8) with Dickinson for the financing of $6,000.00. A copy of Loan ~8 is attached hereto as Exhibit "H." Exhibits "A" through "H" shall be collectively referred to herein as the "Contracts" COUNTI BREACH OF CONTRACT 11. Plaintiff hereby incorporates by reference the averments contained in Paragraphs 1 through 10 of this Complaint. 12. Plaintiff has fulfilled, performed and complied with all obligations and conditions of the Contracts. 13. Defendant breached the expressed and implied obligations, conditions and terms of the Contracts by failing to pay the amounts financed therein. WHEREFORE, Plaintiff demands judgment against the Defendant in the amount of $32,485.03, plus interest on each of the Contracts as set forth therein, attorney fees in the amount of $2,500.00 and costs accruing thereafter. I . ~ COUNT II IN QUANTUM MERUIT 14. Plaintiff hereby incorporates by reference the averments contained in paragraphs 1 through 17 of this Complaint. 1 Defendant is liable to the Plaintiff and/or has been unjustly enriched in the amounts as set forth in the Contracts. WHEREFORE, Plaintiff demands judgment against the Defendant in the amount of $32,485.03, plus interest on each of the Contracts as set forth therein, attorney fees in the am©unt of $2,500.00 and costs accruing thereafter. MARTSON LAW OFFICES stopher E. Rice, Esquire I.D. No. 90916 Ten East High Street Carlisle, PA 17013-3093 (717) 243-3341 r 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. T ABE AND CORA HURWITZ STUDENT LOAN DICHINSON COLLEGE CARLISLE, PENNSYLVANIA. 17013-2896 Date: January 31, 2001 I, Aditya Chugh, hereby acknowledge receipt from Dickinson College, the "College", of a Hurwitz Student Loan in the principal amount of $2,500.00 (Two Thousand Five Hundred Dollarg), which is hereby applied on my College account for the 2000-2001 academic year. I agree to repay the College according to the following plan: L Interest Interest shall accrue on the outstanding principal balance from the first day of the month following the mornh in which I graduate or cease to matriculate at the College, and shall be at the FIND ANNUAL PERCENTAGE RATE of 5.000 percent (5%). Interest shall accrue on a daily basis. TL Repaymen I promise to repay the principal and the interest, which accrues thereon commencing six months after the date I graduate or cease to matriculate at the College. I will repay in equal momhpy installments with a minimum monthly payment of $40.00 (which includes both principal and interest), and a maximum repayment period of ten (10) years (120 months). The College may, at its option, grant an ddditional deferment period of up to four (4) years for full-time study after a student leaves, Dickinsmn College. III. Default I shall have been deemed to have committed. an "Event of Default" of this Contract upon the occurrence of any of the following: • failure to make any payment on or before the date it is due, • failure to make a payment on any other Comract outstanding with the College, • failure to perform any other provision of this Contract, ~ • I provide the College with false information or signatures, • my death, incompetence, or conviction of any crime involving fraud or dishonesty, insolvency or bankruptcy. Upon or after the occurrence of any Evern of Default, the College will provide me with notice, by certified mail as required by law, addressed to my last known address as shown on the College recorde, advising me of the default and of my right to cure the default. The notice will provide the time, amouirt and performance necessary to cure the default. If I do not cure the default as provided in the notice, ttpe College's rights include the right to declare all sums due on this contract to be immediately due and payable, as well as any other rights the college may have at loss as in equity. I understand that if I default on my loan repaymern, the College may disclose that I have defaulted, along with other relevant information, to credit bureau organizations. i _ IV. Penalty Charge If I fail to make timely paymern of all or any part of a scheduled installment, I promise to pay the charge assessed against me by the College. No charge may exceed $1.00 for the first month or part of a month by which, the installment is late, and $2.00 for each month or part of a month thereafter. I promise to pay all attorney fees and other reasonable collection costs and charges necessary for the collection of any amount not paid when due. V. Change of States It is my responsibility to notify the Dickinson College Financial Operations Office, or its servicing agent, EFG Technologies, of any change of name, address, telephone number or Social Securilty Number during the duration of this repayment period. VL Additional Provisions In deference to the Hurwitz family for their generosity in providing these loan funds, I hereby authorize the CoIIege to notify the family of my acceptance of this loan and the principal dollar amount of the loan only. The College may divulge additional information regazding the status of my loan account !to [my parent(s) / no one else] 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 remaut fully effective. CONSENT TO JURISDICTION VENUE AND SERVICE: The parties to this Contract consennt and agree that all legal proceedings relating to the subject matter hereof shall be maintained in the Co~1it of Common Pleas of Cumberland County, Pennsylvania, or if applicable, the United States District Court of the Middle District of Penmsylvania, and alI parties hereto consent and agree that jurisdiction and ve~re for such proceedings shall lie exclusively within said court. Service of process in any such proceedi~rg may be made by certified mail, return receipt requested, directed to the respective party at the address list made known to the other party. The Borrower aclmowIedges receiving a completed copy of this Cormact and intends to be legally bound by its terms. Borrower Signature ~ Date 3~~ ~ ~ Social Security Number College Loan Officer ~ o Date t~v` 3 ~ a DO _ l_. ABE AND CORA HURWITZ STUDENT LOAN DICHINSON COLLEGE CARLISLE, PENNSYLVAt~TIA 17013-2896 Date: February 20, 2001 I, Aditya Chugh, hereby acknowledge receipt from Dickinson College, the "College", of a Hurwitz Student Loan in the principal amount of $250.00 (Two Hundred Fifty Dollars), which is hereby applied on my College account for the 2000-2001 academic year. I agree to repay the College according to the following plan: I. Interest Interest shall accrue on the outstanding principal balance from the first day of the month following the month in which I graduate or cease to matriculate at the College, and shall be at the FIXED ANN[JAL PERCENTAGE RATE of 5.000 percent (5%). Interest shall accrue on a daily basis. II. Repayrr?erit- I promise to repay the principal and the interest, which accrues thereon commencing six months after the date I graduate or cease to matriculate at the College. I will repay in equal monthly installments with a minimum monthly payment of $40.00 (which includes both principal and interest), and a maximum repayment period of ten (10) years (120 months). The College may, at its option, grant an additional deferment period of up to four (4) years for full-time study after a student leaves Dickinson College. III. Default I shall have been deemed to have committed an "Event of Default" of this Contract upon the occurrence of any of the following: • failure to make any payment on or before the date it is due, • failure to make a payment on any other Contract outstanding with the College, • failure to perform any other provision of this Contract, • I provide the College with false information or signatures, • my death, incompetence, or conviction of any crime involving fraud Dr dishonesty, insolvency or banla-uptcy. Upon or after the occurrence of any Event of Default, the College will provide me with notice, by certified mail as required by law, addressed to my last known address as shown on the College records, advising me of the default and of my right to cure the default. The notice will provide the time, amount and perforrriance necessary to cure the default. If I do not cure the default as provided in the notice, the College's rights include the right to declare all sums due on this contract to be immediately due avid payable, as well as any other rights the college may have at loss as in equity. I understand that if I default on my loan repayment, the College may disclose that I have defaulted, along with other relevant information, to credit bureau organizations. 1 IV. Penalty Charge If I fail to make timely payment of all or any part of a scheduled installment, I promise to pay the charge assessed against me by the College. No charge may exceed $1.00 for the first month or part of a month by which the installment is late, and $2.00 for each month or part of a month thereafter. I promise to pay all attorney fees and other reasonable collection costs and charges necessary for the collection of any amount not paid when due. V. Change of Status It is my responsibility to notify the Dickinson College Financial Operations Office, or its servicing agent, EFG Technologies, of any change of name, address, telephone number or Social Security Number during the duration of this repayment period. VI. Additional Provisions In deference to the Hurwitz family for their generosity in providing these loan funds, I hereby authorize the College to notify the family of my acceptance of this loan and the principal dollar amount ©f the loan only. The College may divulge additional information regarding the status of my loan account 40 fmy parent(s) / no one else] 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. CONSENT TO JURISDICTION VENUE AND SERVICE: The parties to this Contract consent and agree that all legal proceedings relating to the subject matter hereof shall be maintained in the Cougrt of Common Pleas of Cumberland County, Pennsylvania, or if applicable, the United States District Cougt 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 xespective party at the address last made known to the other party. The Borrower acknowledges receiving a completed copy of this Contract and intends to be legally bound by its terms. . Borrower Signature Date ~ ~ D 1 ~ t~ 1 , c Social Security ~tumber _ ~ College Loan Officer_~ ,><1E~RJ~,~y ~ . I~YJ~C.1~Q ~t,ty Date ~~J , ~ 0~ ~-p(~) , 2 i ABE A1~1D CORA HURWITZ STUDENT LOAN DICKINSON COLLEGE CARLISLE, PENNSYLVANIA 17013-2896 Date: July 16, 2001 I, Aditya Chugh, hereby acknowledge receipt from Dickinson College, the "College", of a Hurwitz Student Loan in the principal amount of $6,000.00 (Sig Thousand Dollars), which is hereby applied on my College account for the 2001-2002 academic year. I agree to repay the College according to the following plan: I. Interest Interest shall accrue on the outstanding principal balance from the first day of the month following the month in which I graduate or cease to matriculate at the College, and shall be at the FIXEIb ANNUAL PERCENTAGE RATE of 5.000 percent (5%). Interest shall accrue on a daily basis. IL Repaymea _ I promise to repay the principal and the interest, which accrues thereon commencing six (6) months after the date I graduate or cease to matriculate at the College. I will repay in equal monthly installments with a minimum monthly payment of $40.00 (which includes both principal and interest, and a maximum repayment period of ten (10) years (120 months). The College may, at its option, grant an additional deferment period of up to four (4) years for full-time study after a student leaves Dickinson College. III. Default I shall have been deemed to have committed an `'`Event of Default" of this Contract upon the j occurrence of any of the following: • failure to make any payment on or before the date it is due, i • failure to make a payment on any other Contract outstanding with the College, • failure to perform any other provision of this Contract, • I provide the College with false information or signatures, • my death, incompetence, or conviction of any crime involving fraud or dishonesty, I~ insolvency or banlauptcy. Upon or after the occurrence of any Event of Default, the College will provide me with notice, by certified mail as required by law, addressed to my last known address as shown on the College record, advising me of the default and of my right to cure the default. The notice will provide the time, amount and performance necessary to cure the default. If I do not cure the default as provided in the notice, thie College's rights include the right to declare all sums due on this contract to be immediately due and payable, as well as any other rights the college may have at loss as in equity. I understand that if I default on my loan repayment, the College may disclose that I havie defaulted, along with other relevant information, to credit bureau orgazuzations. 1 IV. Penalty Charge If I fail to make timely payment of all or any part of a scheduled installment, I promise to pay the charge assessed against me by the College. No charge may exceed $1.00 for the first month or part of a month by which the installment is late, and $2.00 for each month or part of a month thereafter. I promise to pay all attorney fees and other reasonable collection costs and charges necessary for the collection df any amount not paid when due. V. Change of Status It is my responsibility to notify the Dickinson College Financial Operations Office, or ids servicing agent, EFG Technologies, of any change of name, address, telephone number or Social Securit?y Number during the duration of this repayment period. VI. Additional Provisions In deference to the Hurwitz family for their generosity in providing these loan funds, I hereby authorize the College to notify the family of my acceptanee-o~this lflarrand~lie-p~eipal-dollaramount of the loan only. The College may divulge additional information regarding the status of my loan account do [my parent(s) / no one else] If any part of this Contract is held to be illegal, void or unenforceable, that provision shall tie deemed not to have been a part of this Contract, which shall otherwise remain fully effective. CONSENT TO 7URISDICTION VENUE AND SERVICE: The parties to this Contract conseht 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 Coutt 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 maybe made by certified mail, return receipt requested, directed to the respective party at the address last made known to the other party. The Borrower acknowledges receiving a completed copy of this Contract and intends to be legally bound by its terms. ( Borrower Signature Date ©71 ~~~b[ . _ Social Security Number_ aa ooj~,~ ~_~I College Loan Officer ~c~~l'd'.(`.~~R ~lw.~ Date ~ r(~ Revised 07/16/01 ill 2 ABE AND CORR. HURWITZ STUDENT LOAN DICHINSON COLLEGE CARLISLE, PENNSYLVANIA 17013-2896 Date: November 5, 2001 I, Aditya Chugh, hereby acknowledge receipt from Dickinson College, the "College", of a Hurwitz Student Loan in the principal amount of $2,000.00 (Two Thousand Dollars), which is hereby applied on my College account for the 2001-2002 academic year. I agree to repay the College according to the following plan: I. Interest Interest shall accrue on the outstanding principal balance from the first day of the month following the month in which I graduate or cease to matriculate at the College, and shall be at the FDGr~ ANNUAL PERCENTAGE RATE of 5.000 percent (5%). Interest shall accrue on a daily basis. II. Re "a orient P Y- I promise to repay the principal and the interest, which accrues thereon commencing six (G) months after the date I graduate or cease to matriculate at the College. I will repay in equal monthly installments with a m;n;rr,um monthly payment of $40.00 (which includes both principal and interest), and a maximum repayment period often (10) years (120 months). The College may, at its option, grant an additional deferment period of up to four (4) years for full-time study after a student leaves Dickinson College. III. Default I shall have been deemed to have committed an "Event of Default" of this Contract upon the occurrence of any of the following: • failure to make any payment on or before the date it is due, • failure to make a payment on any other Contract outstanding with the College, ~ • failure to perform any other provision of this Contract, • I provide the College with false information or signatures, • my death, incompetence, or conviction of any crime involving fraud or dishonest, insolvency or bankruptcy. Upon or after the occurrence of any Event of Default, the College will provide me with noticb, by certified mail as required by law, addressed to my last known address as shown on the College recordls, advising me of the default and of my right to cure the default. The notice will provide the time, amount and performance necessary to cure the default. If I do not cure the default as provided in the notice, t1Ae College's rights include the right to declare all sums due on this contract to be immediately due and payable, as well as any other rights the college may have at loss as in equity. I understand that if I default on my loan repayment, the College may disclose that I have defaulted, along with other relevant information, to credit bureau organizations. 1 _ _ _ _ IV. Penalty Charge If I fail to make timely payment of all or any part of a scheduled installment, I promise to pay the charge assessed against me by the College. No charge may exceed $1.00 for the first month or part of a month by which the installment is late, and $2.00 for each month or part of a month thereafter. I promise to pay all attorney fees and other reasonable collection costs and charges necessary for the collection of any amount not paid when due. V. Change of Status It is my responsibility to notify the Dickinson College Financial Operations Office, or zts servicing agent, EFG Technologies, of any change of name, address, telephone number or Social Security Number during the duration of this repayment period. VI. Additional Provisions In deference to the Hurwitz family for their generosity in providing these loan funds, I hereby authorize the College to notify the family of my acceptance-o~this toamandthe-principal doHaramoun~bf the loan only. The College may divulge additional information regarding the status of my loan account to ~ [my parent(s) / no one else] I 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. i CONSENT TO JURISDICTION VENUE AND SERVICE: The parties to this Contract 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 Couujrt of the Middle District of Pennsylvania, and all parties hereto consent and agree that jurisdiction and venlAe for such proceedings shall lie exclusively within said court. Service of process in any such proceeding I maybe made by certified mail, return receipt requested, directed to the respective party at the address last made known to the other party. The Borrower acknowledges xeceiving a completed copy of this Contract and intends to be legally bound by its ter (m`~s~. ` Borrower Signature ~C ~ Date ~~~o~r~l Social Security Number ~ College Loan Officer ~I~~CX-Fi~.d ~il.•.~ Date ~ ~ b s 'Q Revised U7/16/01 2 ~ ABE AND CORA HURWITZ STUDENT LOAN DICKINSON COLLEGE CARLISLE, PENNSYLVANIA 17013-2896 Date: March 27, 2002 I, Aditya Chugh, hereby acknowledge receipt from Dickinson College, the "College", of a Hurwitz Student Loan in the principal amount of $500.00, which is hereby applied on my College account for the 2001-2002 Summer Immersion Program. I agree to repay the College according to the following plan: I. Interest Interest shall accrue on the outstanding principal balance from the first day of the month following the month in which I graduate or cease to matriculate at the College, and shall be at the F1XEb ANNUAL PERCENTAGE RATE of 5.000 percent (5%). Interest shall accrue on a daily basis. - - epaymen I promise to repay the principal and the interest, which accrues thereon commencing six (6) months after the date I graduate or cease to matriculate at the College. I will repay in equal monthly installments with a minimum monthly payment of $40.00 (which includes both principal and interest), and a maximum repayment period of ten (10) years (120 months). The College may, at its option, grant an additional deferment period of up to four (4) years for full-time study after a student leaves Dickinsd~n College. III. Default I shall have been deemed to have committed an "Event of Default" of this Contract, upon the occurrence of any of the following: • failure to make any payment on or before the date it is due, • failure to make a payment on any other Contract outstanding with the College, • failure to perform any other provision of this Contract, • I provide the College with false information or signatures, • my death, incompetence, or conviction of any crime involving fraud or dishonestly, insolvency or bankruptcy. Upon or after the occurrence of any Event of Default, the College will provide me with notice, by certified mail as required by law, addressed to my last known address as shown on the College records, advising me of the default and of my right to cure the default. The notice will provide the time, amount and performance necessary to cure the default. If I do not cure the default as provided in the notice, t>he College's rights include the right to declare all sums due on this contract to be immediately due arad payable, as well as any other rights the college may have at loss as in equity. I understand that if I default on my loan repayment, the College may disclose that I hate defaulted, along with other relevant information, to credit bureau organizations. 1 ~ _ N. Penalty Charge If I fail to make timely payment of all or any part of a scheduled installment, I promise to pay the charge assessed against me by the College. No charge may exceed $1.00 for the first month or part of a month by which the installment is late, and $2.00 for each month or part of a month thereafter. I promise to pay all attorney fees and other reasonable collection costs and charges necessary for the collection of any amount not paid when due. V. Change of Status It is my responsibility to notify the Dickinson College Financial Operations Office, or its servicing agent, EFG Technologies, of any change of name, address, telephone number or Social Security Number during the duration of this repayment period. VI. Additional Provisions In deference to the Hurwitz family for their generosity in providing these loan funds, I hereby authorize the College to notify the family of my acceptance-o-f-~iis-lean-aa~-t3ze-pr-iAetpal do-l}a~ar-naL~nt of the loan only. The College may divulge additional information regarding the status of my loan account to [my parent(s) / no one else] 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. CONSENT TO JURISDICTION VENUE AND SERVICE: The parties to this Contract 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 maybe made by certified mail, return receipt requested, directed to the respective party at the address lust made known to the other party. The Borrower acknowledges receiving a completed copy of this Contract and intends to be legally bound by its tenors. _ I_ ~ Borrower Signature ~ MQ~ _Date L Social Security Number 7~ College Loan Officer ~ ~ a \ Date ~ 1 a-7~ C~ _ Revised 07/16/01 2 ABE AND CORA HURWITZ STUDENT LOAN I, DICKINSON COLLEGE CARLISLE, PENNSYLVANIA. 17013-2896 Date: June 28, 2002 I, Aditya Chugh, hereby acknowledge receipt from Dickinson College, the "College", of a Hurwitz Student Loan in the principal amount of $2,000.00 (Two Thousand Dollars), which is herelby applied on my College account for the 2001-2002 academic year. I agree to repay the College according to the following plan: I. Interest Interest shall accrue on the outstanding principal balance from the first day of the montth following the month in which I graduate or cease to matriculate at the College, and shall be at the F1XFjD II ANN[JAL PERCENTAGE RATE of 5.000 percent (5%). Interest shall accrue on a daily basis, I II. Repayment- _ I promise to repay the principal and the interest, which accrues thereon commencing six fib) months after the date I graduate or cease to matriculate at the College. I will repay in equal monthlly I'~ installments with a minimum monthly payment of $40.00 (which includes both principal and interestt), i, and a maximum repayment period of ten (10) years (120 months). The College may, at its option, grant an additional deferment period of up to four (4) years for full-time study after a student leaves Dickinson College. III. Default I shall have been deemed to have committed an "Event of Default" of this Contract upon the occurrence of any of the following; I'i • failure to make any payment on or before the date it is due, • failure to make a payment on any other Contract outstanding with the College, • failure to perform any other provision of this Contract, ~ • I provide the College with false information or signatures, • my death, incompetence, or conviction of any crime involving fraud or dishonesty, insolvency or bankruptcy. Upon or after the occurrence of any Event of Default, the College will provide me with notice, by certified mail as required by law, addressed to my last known address as shown on the College records, advising me of the default and of my right to cure the default. The notice will provide the time, amoi.nt and performance necessary to cure the default. If I do not cure the default as provided in the notice, the College's rights include the right to declare all sums due on this contract to be immediately due and payable, as well as any other rights the college may have at loss as in equity. I understand that if I default on my loan repayment, the College may disclose that I have defaulted, along with other relevant information, to credit bureau organizations. 1 ~ IV. Penalty Charge If I fail to make timely payment of all or any part of a scheduled installment, I promise to pay the chazge assessed against me by the College. No charge may exceed $1.00 for the first month or part of a month by which the installment is late, and $2.00 for each month or part of a month thereafter. I promise to pay alI attorney fees and other reasonable collection costs and charges necessary for the collection df any amount not paid when due. V. Change of Status It is my responsibility to notify the Dickinson College Financial Operations Office, or its servicing agent, EFG Technologies, of any change of name, address, telephone number or Social Security Number during the duration of this repayment period. VI. Additional Provisions In deference to the Hurwitz family for their generosity in providing these loan funds, I hereby authorize the College to notify the family of my acceptance-o€-tlri-s 1Qan-and-their-ine3~aldol-lar-amount of the loan only. The College may divulge additional information regarding the status of my loan account to [my parent(s) / no one else] 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. CONSENT TO JURISDICTION. VENUE AND SERVICE: The parties to this Contract 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 venvie for such proceedings shall lie exclusively within said court. Service of process in any such proceedngg maybe made by certified mail, return receipt requested, directed to the respective party at the address list made known to the other parry. The Borrower acknowledges receiving a completed copy of this Contract and intends to be legally bound by its to ~ Borrower Signature ~ ~ Date © ~ ~2- . Social Security Number nn f College Loan O~cer~~t, ~CB~Date ~ / Revised 07/16/01 2 ABE AND CORA HURWITZ STUDENT LOAN DICHINSON COLLEGE CARLISLE, PENNSYLVANIA. 17013-2896 Loan number: 1104-O1 Date: August 20, 202 I, Aditya Chugh, hereby acknowledge receipt from Dickinson College, the "College", of, a Horwitz Student Loan in the principal amount of $10,000.00, which is hereby applied on my College account for the ~66~3QD2 academic year. I agree to repay the College according to the following plan: 02,~G3 I. Interest Interest shall accrue on the outstanding principal balance from the first day of the montth following the month in which I graduate or cease to matriculate at the College, and shall be at the FIXED ANNUAL PERCENTAGE RATE of 5.000 percent (5%). Interest shall accrue on a daily basis. II. Repayment - - - I promise to repay the principal and the interest, which accrues thereon commencing six (16) months after the date I graduate or cease to matriculate at the College. I will repay in equal monthlly installments with a minimum monthly payment of $40.00 (which includes both principal and interest), and a maximum repayment period of ten (10) yeazs (120 months). The College may, at its option, graft an additional deferment period of up to four (4) years for full-time study after a student leaves DickinsQ~n College. III. Default I shall have been deemed to have committed an "Event of Default" of this Contract upon the occurrence of any of the following: • failure to make any payment on or before the date it is due, • failure to make a payment on any other Contract outstanding with the College, • failure to perform any other provision of this Contract, • I provide the College with false information or signatures, • my death, incompetence, or conviction of any crime involving fraud or dishonestly, insolvency or bankruptcy. Upon or after the occurrence of any Event of Default, the College will provide me with notice, by certified mail as required by law, addressed to my last known address as shown on the College records, advising me of the default and of my right to cure the default. The notice will provide the time, amoulnt and performance necessary to cure the default. If I do not cure the default as provided in the notice, the College's rights include the right to declare all sums due on this contract to be il-nmediately due and payable, as well as any other rights the college may have at loss as in equity. I understand that if I default on my loan repayment, the College may disclose that I have defaulted, along with other relevant information, to credit bureau organizations. 1 i s IV. Penalty Charge If I fail to make timely payment of all or any part of a scheduled installment, I promise to pay the charge assessed against me by the College. No charge may exceed $1.00 for the first month or part of a month by which the installment is late, and $2.00 for each month or part of a month thereafter, I promise to pay all attorney fees and other reasonable collection costs and charges necessary for the collection of any amount not paid when due. V. Change of Status It is my responsibility to notify the Dickinson College Financial Operations Office, or its servicing agent, EFG Technologies, of any change of name, address, telephone number or Social Securilty Number during the duration of this repayment period. VI. Additional Provisions In deference to the Hurwitz family for their generosity in providing these loan funds, I hereby authorize the College to notify the family of my acceptance of this loan and the principal dollar amount;of the loan only. The College may divulge additional information regarding the status of my loan account to [my parent(s) f no one else] 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. CONSENT TO JCTRISDICTION. VENUE AND SERVICE: The parties to this Contract consent and agree that all legal proceedings relating to the subject matter hereof shall be maintained in the Couut of Common Pleas of Cumberland County, Pennsylvania, or if applicable, the United States District Cothrt of the Middle District of Pennsylvania, and all parties hereto consent and agree that jurisdiction and venMae 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 list made known to the other party. The Borrower acknowledges receiving a completed copy of this Contract and intends to be legally bound by its t Borrower Signature Date ~ q ~ f ~1 02-- Social Security Number College Loan Officer Date ~ ~ Revised 08/20/02 2 ABE AND CORR. HURWITZ STUDENT LOAN DICHINSON COLLEGE CARLISLE, PENNSYLVANIA 17013-2896 Loan Number: 1104-oI Date: September 10, 2003 I, Aditya Chugh, hereby acknowledge receipt from Dickinson College, (hereinafter "College"), of a Hurwitz Loan in the principal amount of $6,000.00, which is hereby applied on my College account for the 2003-2004 academic year. I agree to repay the College according to the following plan: I. Interest Interest shall accrue on the outstanding principal balance from the first day of the monjth following the initial six month grace period in which I graduate or cease to matriculate at the College, and shall be at the FIXED ANNUAL PERCENTAGE RATE of 5.000 percent (5%). Interest shall accrue on a daily basis. II. Repayment I promise to repay the principal and the interest, which accrues thereon commencing six C6) months after the date I graduate or cease to matriculate at the College. I will repay in equal montl~lly installments with a minimum monthly payment of $40.00 (which includes both principal and interestt), and a maximum repayment period of ten (10) years (120 months). The College may, at its option, gralnt an additional deferment period of up to four (4) years for full-time study after a student leaves Dickinson College. III. Default I shall have been deemed to have committed an "Event of Default" of this Contract upon the occurrence of any of the following: • failing to make any payment on or before the date it is due, • failing to make a payment on any other Contract outstanding with the College, • failing to perform any other provision of this Contract, • providing the College with false information or signatures, • my death, incompetence, or conviction of any crime involving fraud or dishonesty,, insolvency or bat~uptcy. Upon or after the occurrence of any Event of Default, the College will provide me with notice, by certified mail as required by law, addressed to my last known address as shown on the College records, advising me of the default and of my right to cure the default. The notice will provide the time, amount and performance necessary to cure the default. If I do not cure the default as, provided in the notice, the College's rights include the right to declare all sums due on this contract to be immediately due and payable, as well as any other rights the College may have available in equity. I agree to pay all attorney's fees and other reasonable collection costs and charge necessary for the collection of any amount not paid when due. Unless otherwise specified in a legal proceeding relating to the subject matter hereof, I agree that attorney's fees shall be 15% of the Principal Amount. I understand that if I default on my loan repayment, the College may disclose that I halve defaulted, along with other relevant information, to credit bureau organizations. 1 . ~ IV. Penalty Charge if I fail to make timely payment of all or any part of a scheduled installment, I promise to pay the charge assessed against me by the College. No charge may exceed $1.00 for the first month or part of,a month by which the installment is late, and $2.00 for each month or part of a month thereafter. I promise to pay all attorney fees and other reasonable collection costs and charges necessary for the collection of any amount not paid when due. V. Change of Status It is my responsibility to notify the Dickinson College Financial Operations Office, or its servicing agent, EFG Technologies, of any change of name, address, telephone number or Social Security Number during the duration of this repayment period. VI. Additional Provisions In deference to the Hurwitz family for their generosity in providing these loan funds, I hereby authorize the College to notify the family of my acceptance of this loan and the principal dollar amount bf the loan. If any part of this Contract is held to be illegal, void or unenforceable, that provision shall l+re deemed not to have been a part of this Contract, which shall otherwise remain fully effective. CONSENT TO JURISDICTION. VENUE AND SERVICE: The parties to this Contract 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 courts. Service of process in any such proceeding maybe made by certified mail, return receipt requested, directed to the respective party at the address lalst made known to the other party. The Borrower acknowledges receiving a completed copy of this Contract and intends to be legally bound by its terms. Signed and sealed this ~ s day of ~ ~o~ , 20 e~3~ iJ Student Signature (SEAL) r Student Social Security Number_ _ Parent Signature (SEAL) Parent Signature (SEAL) Revised 9/10/2003 2 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 amd to the extent that this Complaint is based upon information which I have given to my counsel, i~ is true and correct and to the best of my knowledge, information and belief. To the extent that tihe 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 1 S 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 Hecken orn Bursar Dated: F'\FILES\Clients17619 Dickinson CollegeV619.Collections\7619C.Curcent\7619C.408 Chugh\7619C.408.as ~7 ,,~ C ca r~-~-~ "'C: Christopher E. Rice, Esquire ~+~ "" `~+ Attorne LD. No. 90916 Y ~~ o ~ t„r, c ~-=-' -a r-° MARTSON DEARDORFF WILLIAM S OTTO GILROY & FALLER ..~~,. - .~~ MARTSON LAW OFFICES ."~~ w ° Ten East High Street ~'~ ~ ~' °z Carlisle, PA 17013 a ~ ua - ~ c> r~ ~ ~~ (717) 243-3341 =+ csr _ M a Attorneys for Plaintiff ~ ~ DICKINSON COLLEGE, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANI A v. NO. 12 - 5358 CIVIL TERM ADITYA CHUGH, Defendant AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA ) . SS. COUNTY OF CUMBERLAND ) I hereby certify that a copy of the Complaint in the above captioned matter was personally served upon Defendant, Aditya Chugh, at 66 John Street, 13"' Floor, New York, New York. Attached is the Return of Service form signed by the New York County Sheriff's Office. This is a debt collecting firm attempting to collect a debt for Dickinson College. Any information obtained will be used for that purpose. MARTSON LAW OFFICES By ~_1~ `~`' ~ ~ Christopher E. Rice, Esquire Attorney I.D. No. 90916 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Sworn to and subscribed before me this ~ day of November, 2012. ~~~ COMMONWEALTH OF PENN SYLYANIA No ublic Notarle~ seal Mary M. Prior, Notary Publk CarMge Bono, Qnnberl~d ODMttIMNbf1 5 SHERIFF'S AFFIDAVIT OF SERVICE PERSONAL DELIVERY COURT OF COMMON PLEAS, CUMBERLAND COUNTY STATE OF PENNSYLVANIA DICKSON COLLEGE, PLAINTIFF/PETITIONER, VS ADIT1(A CHUGH, DEFENDANT/RESPONDENT. ---------------------------------------------------X STATE OF NEW YORK } NEW YORK COUNTY } SS: Docket # 12-5358 Hearing Date Sheriff s Case # 12034182 I, BRIAN BOYAR, Deputy Sheriff of the City and State of New York, authorized pursuant to my special duties to serve process, hereby affirm that: I am not a party to this action or proceeding and over 18 years of age. I further affirm that on 10/12/2012, at approximately 11:40 AM at 66 JOHN STREET-13"' FLOOR, in the borough of NEW YORK, County of NEW YORK, I served the annexed: SUMMONS 8 COMPLAINT upon ADITYA CHUGH, in the following manner: [X] PERSONAL DELIVERY By delivering to and leaving with ADITYA CHUGH personally a true copy thereof, said person being known as the mentioned and described herein. [X] DESCRIPTION: Skin Complexion: MEDIUM Sex: Male Approx. Age: 31 Height: 5'8" Weight: 1601bs. Hair Color: BALD Dated: 10/12/2012 Notary Sworn before me this a5 day of20,p~ BEi-I~!ARD T. Vti~.AIT!=S Notary P~!uiic, S`.ate of f~!nw York No. 01 'V~1~0£0~,:,0 Qualified in County Commission i_xp~rE's u, e 1a, 20 SHERIFF OF THE CITY OF NEW YORK EDGAR A. DOMENECH BRIAN BOYAR DEPUTY SHERIFF SHIELD # 218 OFFICE OF THE SHERIFF OF THE CITY OF NEW YORK <sheriffaddress> 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: Aditya Chugh 330 East 38`" Street, Apt. 39F-E New York, NY 10016-2759 MARTSON LAW OFFICES By ~ ~~ M. Price 10 East High Street Carlisle, PA 17013 Dated: ~ ~ ~3/~~ This is a debt collecting firm for Dickinson College attempting to collect a debt. Any information obtained will be used for that purpose.