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HomeMy WebLinkAbout13-2009 ` Supreme COIi :p ennsylvania Con ofrCo�mmo Pleas For Prothonotary Use Only: r Cit ,il C"� OVCS tiiCt T � 11 / , • W Docket No: _ S/ CU v L ,, N C ounty 13 -.atm)1 � Ivtl lal'm The information collected on this form is used solely for cant administration purposes. This faros doer not supplement or replace the filing and service ofpleodings or otherpapers as required by law or rules ofcourt Commencement of Action: S 17 Complaint ® Writ of Summons Q Petition Transfer from Another Jurisdiction ® Declaration of Taking E C Lead Plaintiffs Name: Lead Defendant's Name NATIONAL COLLEGIATE STUDENT LOAN TRUST GINA SANTAMARIA R GIN® SANTAMARIA T Dollar Amount Requested: !]within arbitration limits I Are money damages requested? M Yes 0 No O (check one) (]outside arbitration limits N Is this a Class Action Suit? ® Yes M No Is this an MDJAppeal? ® Yes El No A Name of Plaintiff /Appellant's Attomey: MICHAEL F RATCHFORD ESQ L—I ® Check here if you have no attorney (arc a Self- Represented [Pro Set Litigant) Nature of the Case Place an "X" to the left of the ONE case category that most accurately describes your PR /MARY CASE. If you are making more than one type of claim, check the one that you consider most important. TORT (do not include AlassTort) CONTRACT (do not include Judgments) CIVILAPPEALS 1] Intentional © Buyer Plaintiff Administrative Agencies ® Malicious Prosecution ® Debt Collection: Credit Card 0 Board of Assessment ® Motor Vehicle (] Debt Collection: Other 13 Board of Elections ® Nuisance Dept. of Transportation ® Premises Liability Statutory Appeal: Other .S ® Product Liability (does not include mass tort) 0 Employment Dispute: E © Slander/Libel/Defamation Discrimination C ® Other: ® Employment Dispute: Other ® Zoning Board T E3 Other: I " 1;3 Other: O MASS TORT © Asbestos N Tobacco ® Toxic Tort -DES Q Toxic Tort -Implant REAL PROPERTY MISCELLANEOUS ® Toxic Waste ® Other: 13 Ejectment © Common Law /Statutory Arbitration B ® Eminent Domain/Condemnation 13 Declaratory Judgment ® Ground Rent Mandamus Landlord /renant Dispute Non - Domestic Relations U Mortgage Foreclosure: Residential Restraining Order PROFESSIONAL LIABLITY Quo Warranto © Mortgage Foreclosure: Commercial Q Dental 0 Partition 13 Replevin © Legal ® Quiet Title Other: 13 Medical ® Other: 17 Other Professional: Updated 1/1/2011 IN THE COURT OF COMMON PLEAS OF '= CUMBERLAND COUNTY, PENNSYLVANIA y3 - Y NATIONAL COLLEGIATE STUDENT 'm LOAN TRUST 2005 -1 CIVIL ACTION �� 1 CABOT ROAD 2ND FLOOR MEDFORD, MA 02155 -5117 r . crs T � <� -a o —: Plaintiff G ry ° .r• y GINA SANTAMARIA NO: awl 819 WERTZVILLE RD ENOLA PA 17025 -1834 Defendant and GINO SANTAMARIA 819 WERTZVILLE RD ENOLA PA 1 7025 -1 834 Defendant NOTICE TO DEFEND You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice to Defend are served, by entering a written appearance personally or by an 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 plaintiff. 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 OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ON AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT REDUCED FEE OR NO FEE. MIDPENN LEGAL SERVICES 401 EAST LOUTHER STREET O CARLISLE, PA 17013 717- 243 -9400 $ 10 � . '75 Pb AT I c�a9gi� � # asp ►s� Y µ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NATIONAL COLLEGIATE STUDENT LOAN TRUST 2005 -1 : CIVIL ACTION 1 CABOT ROAD 2ND FLOOR MEDFORD, MA 02155-5117 Plaintiff : VS. GINA SANTAMARIA NO: 819 WERTZVILLE RD ENOLA PA 17025 -1834 Defendant and GINO SANTAMARIA 819 WERTZVILLE RD ENOLA PA 17025 -1834 Defendant COMPLAINT Plaintiff, National Collegiate Student Loan Trust 2005 -1, by and through its attorneys, Edwin A. Abrahamsen & Associates, P.C., complains of the Defendants as follows: 1. The defendant Gina Santamaria is an adult individual residing at 819 Wertzville Rd Enola PA 17025 -1834. 2. The Defendant Gino Santamaria is an adult individual residing at 819 Wertzville Rd Enola PA 17025-1834. 3. The defendants executed the promissory note for the payment of tuition in which the defendants were required to make monthly payments. 4. The defendants were advanced the proceeds of the loan which were to be used for educational purposes. S. The defendants failed to make the required payments when due. 6. The balance currently owed by defendants is $23,106.65. 7. Plaintiff has declared Defendants to be in default and de mands a 3rnent of the balance due from the Note. P WHEREFORE, Plaintiff requests judgment in its favor and against Defendants in the amount of $23,106.65 plus costs of suit and any other relief as the Court deems just and appropriate. Resp tfu ly s (b it' M hae F. Ratc fo , Esquire Attorney I.D. s.: 86285 120 N. Keyser Ave Scranton, PA 8504 mratchford @e a- law.com Phone: 800 -503 -1665 Fax: 570 -558 -5511 VERIFY I, Michael F. Ratchford, attorney for plaintiff, NATIONAL COLLEGIATE STUDENT LOAN TRUST 2005 -1, am fully familiar with the facts set forth in the within Complaint and am authorized to make this Verification on behalf of Plaintiff. I Verify that the facts set forth in the within allegations are true and correct to the best of my knowledge, knowing that an y fal statements are punishable by law pursuant to 18 C.S.A. 4904. se is el F. Rat f rd, Esquire SHERIFF'S OFFICE OF CUMBERLAND COUNTY. Ronny RAnderson FILED"CEO ICE Sheriff Cif PROTHONOTARY Jody S Smith 28H APR 29 IM 1: 30 Chief Deputy ' F ,rt Richard W Stewart ''= CUMBERLAND COUNTY Solicitor 0 MCE,OFT`'=V-�MlFf` PENNSYLVANIA National Collegiate Student Loan Trust 2005-1 Case Number vs. Gina M. Santamaria (et al.) 2013-2009 SHERIFF'S RETURN OF SERVICE 04/18/2013 08:00 PM - Deputy Jason Kinsler, being duly sworn according to law, served the requested Complaint& Notice by"personally" handing a true copy to a person representing themselves to be the Defendant, to wit: Gino Santamaria at 819 Wertzville Road, East Pennsboro Township, Enola, PA 17025. ASON KINSLER, DEPUTY 04/22/2013 07:36 PM - Deputy Shawn Harrison, being duly sworn according to Xserved requested Complaint & Notice by"persona lly" handing a true copy to a person represento be the Defendant, to wit: Gina M. Santamaria at 5345 Oxford Circle,APT. 58, Mecha055. SON, DEPUTY SHERIFF COST: $71.50 SO ANSWERS, April 24, 2013 RbNO R ANDERSON, SHERIFF c)county5ulto Shorit(,Tcleosoit,Inc. National Collegiate Student Loan Trust : IN THE COURT OF COMMON PLEAS OF 2005-1 : CUMBERLAND COUNTY, PENNSYLVANIA 1 Cabot Road 2nd Floor : Medford, MA 02155-5117, Plaintiffs : V. : NO. 13 - 2009 • -F7� cJv -�-� . Gina Santamaria '"'r 'n 819 Wertzville Road Enola, PA 17025 Defendant -a =-'n and : CIVIL ACTION C:) Gino Santamaria = �.F,r'�� CA 819 Wertzville Road : r Enola, PA 17025 : Defendant : PRELIMINARY OBJECTIONS OF DEFENDANTS AND NOW, comes the Defendants Gina Santamaria and Gino Santamaria, by and through their attorneys, Turo Robinson, and files Preliminary Objections. I. Demurrer 1. Plaintiff National Collegiate Student Loan Trust 2005-1 filed a Complaint in the Court of Common Pleas, Cumberland County on April 15, 2013, which was served on Defendants Gina Santamaria on April 22, 2013 and Gino Santamaria on April 18, 2013. 2. Plaintiffs Complaint fails to state a claim upon which relief may be granted and Defendants demur to the Plaintiffs Complaint. 3. Paragraph 3 refers to a Promissory Note that Defendants allegedly executed for the payment of tuition but no Promissory Note is attached to Plaintiffs Complaint. 4. Plaintiff s Complaint is legally insufficient because an essential part of the contract - the Promissory Note - is not attached to Plaintiffs Complaint. e WHEREFORE, because the Promissory Note is not attached to Plaintiffs Complaint, Plaintiff has failed to state a claim upon which relief may be granted and Plaintiffs Complaint should be dismissed with prejudice. Respectfully submitted, TURO ROBINSON Attorneys at Law Date Daniel L. Puskar, Esquire Supreme Ct. ID 311444 129 South Pitt Street Carlisle, PA 17013 (717) 245-9688 Attorney for Defendants National Collegiate Student Loan Trust : IN THE COURT OF COMMON PLEAS OF 2005-1 : CUMBERLAND COUNTY, PENNSYLVANIA 1 Cabot Road 2nd Floor Medford, MA 02155-5117, Plaintiffs V. : NO. 13 - 2009 Gina Santamaria 819 Wertzville Road Enola, PA 17025 Defendant and : CIVIL ACTION Gino Santamaria 819 Wertzville Road Enola, PA 17025 Defendant CERTIFICATE OF SERVICE I hereby certify that I served a true and correct copy of the foregoing Preliminary Objections on Michael F. Ratchford, Esquire, by depositing the same in the United States Mail, first class, on May 3, 2013, from Carlisle, Pennsylvania, addressed as follows: Michael F. Ratchford, Esquire 120 N. Keyser Avenue Scranton, PA 18504 TURO ROBINSON Attorneys at Law 0, PJ Daniel L. Puskar, Esquire Supreme Ct. ID 311444 129 South Pitt Street Carlisle, PA 17013 Attorney for Defendant VERIFICATION I verify that the statements made in the foregoing Preliminary Objections are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Date Gina Santamaria Date Gino San amaria National Collegiate Student Loan Trust : IN THE COURT OF COMMON PLEAS OF 2005-1 : CUMBERLAND COUNTY, PENNSYLVANIA 1 Cabot Road 2nd Floor Medford, MA 02155-5117, Plaintiffs V. : NO. 13 - 2009 Gina Santamaria 819 Wertzville Road Enola, PA 17025 Defendant : and : CIVIL ACTION Gino Santamaria 819 Wertzville Road Enola, PA 17025 Defendant NOTICE TO: National Collegiate Student Loan Trust 2005-1 YOU ARE HEREBY NOTIFIED TO PLEAD TO THE ENCLOSED PRELIMINARY OBJECTIONS WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF OR A DEFAULT JUDGMENT MAY BE ENTERED AGAINST YOU. V'- Daniel L. Puskar, Esquire