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HomeMy WebLinkAbout05-0754 F:\FfLES\DA T AflLE\Dickinso[lCoUege7619\CoJJection~\CuTTen(\3G2-coml. wpd Created, 21(105 3:44PM Revised: 2JIOI05 0:06PM 7619C30Z David R. Galloway, Esquire MARTS ON DEARDORFF WILLIAMS & OTTO Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff DICKINSON COLLEGE, Plaintiff v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA NO. 05- '1SLf C;OLC'TD<.."'I CIVIL ACTION-LAW lONG W. KIM & GEORGE T. KIM Defendants JURY TRIAL OF TWELVE DEMANDED 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 F WILLIAMS & OTTO ~ Dated: February 10, 2005 By David R. Galloway, Esqui e I. D. Number 87326 Ten East High Street Carlisle, P A 17013 (717) 243-3341 Attorneys for Plaintiff David R. Galloway, Esquire MARTS ON DEARDORFF WILLIAMS & OTTO Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DICKINSON COLLEGE, Plaintiff v. NO. CIVIL ACTION-LAW JONG W. KIM & GEORGE T. KIM Defendants JURY TRIAL OF TWELVE DEMANDED COMPLAINT AND NOW, comes Plaintiff Dickinson College by and through its attorneys, MARTSON DEARDORFF WILLIAMS & OTTO, and hereby avers as follows: 1. Plaintiff Dickinson College is a Pennsylvania educational institution and nonprofit corporation with its principal place of business at West Street, Post Office Box 1773, Carlisle, Cumberland County, Pennsylvania 17013. 2. Defendant, Jong W. Kim (hereinafter "Parent"), is an adult individual with a last known address of209 Rock St., Apt H3, Philadelphia, Philadelphia County, Pennsylvania, 19128-3751. 3. Defendant, George T. Kim (hereinafter "Student"), is an adult individual with a last known address of 7949 Ridge Ave., Apt. A19, Philadelphia, Philadelphia County, Pennsylvania 19128-3026. 4. On or about August 28, 1996, Parent and Student entered into a Promissory Note (Note # I) with Plaintiff for the financing of $9,893.00, plus interest, for educational services and benefits to Student at Plaintiff's institution. A copy of Note #1 is attached hereto as Exhibit "A." 5. Note #1 grants Plaintiffreasonable collection and attorneys' fees which Plaintiff has calculated to be $1,483.95. 6. As of December 21,2004, the principal and interest due and payable by Parent and Student to Plaintiff was $3,579.96, with interest accruing at $0.48 per day from December 21,2004. 7. Parent and Student stopped making monthly payments on Note #1 on or about September 27,2004. 8. As of December 21,2004, the outstanding balance of$3,579.96 represents the total and actual overdue value of the financing provided to Parent and Student under Note #1for which they have yet to pay. 9. Plaintiff fulfilled, performed and complied with all obligations and conditions of Note #1. COUNT I BREACH OF CONTRACT Dickinson Collel!e v. Jane W. Kim & Georl!e T. Kim 10. Plaintiff hereby incorporates by reference the averments contained in Paragraphs I through 9 of this Complaint. 11. Parents and Student breached the expressed and implied obligations, conditions and terms of agreement of Note #1 by failing to pay the amounts financed therein. WHEREFORE, Plaintiff demands judgment against Defendants, Jong W. Kim and George T. Kim, in the amount of$3,579.96, with interest accruing at $0.48 per day from December 21, 2004, collection and attorneys' fees in the amount of$I,483.95 and costs of suit. COUNT II IN QUANTUM MERUIT Dickinson Collel!e v. Geor::e T. Kim 12. Plaintiff hereby incorporates by reference the averments contained in Paragraphs I through 11 of this Complaint. 13. Having requested Plaintiff to loan money, and doing so to the benefit of Student, Student became liable to Plaintiff for said money. 14. Student has been unjustly enriched by accepting said money without paying Plaintiff reasonable compensation therefor. 15. The total amount by which Student has become enriched is $3,579.96, with interest accruing at $0.48 per day from December 21,2004. WHEREFORE, Plaintiff demands judgment against Defendant, George T. Kim, in the amount of $3,579.96, with interest accruing at $0.48 per day from December 21, 2004, collection and attorneys' fees in the amount of$I,483.95 and costs of suit. MARTS ON DEARDORFF WILLIAMS & OTTO Date: February 10, 2005 By David R. Galloway LD. No. 87326 Ten East High Street Carlisle, PA 17013-3093 (717) 243-3341 Attorneys for Plaintiff DICKINSON COLLEGE FLEXIBLE FINANCING SYSTEM - PLAN B EDUCATIONAL GOODS AND SERVICES RETAIL INSTALLMENT CONTRACT August 28, 1996 1. Seller: Dickinson College, Carlisle, Pennsylvania 17013-2896 Buyer(s): Jong W. Kim 209 Rock St. Apt H-3 Philadelphia PA 19128 If there is more than one Buyer, each of you will be obligated, jointly and severally, for all sums due and for the performance of all agreements as provided in this Contract. Under the terms of this Educational Goods and Services Retail Installment Contract, you have agreed to pay the expenses incurred for goods and services to be provided and rendered, as the case may be, to George T. Kim (hereinafter "Student") during his/her enrollment at Dickinson College during the 1996-1997 academic year, including tuition, room and board, books and supplies as herein stated (hereinafter the "Goods and Services"). The Goods and Services shall include only tuition, room and board. II. TERMS OF PAYMENT AND PAYMENT SCHEDULE Disclosures Required by Federal Law ANNUAL PERCENTAGE FINANCE CHARGE: AMOUNT FINANCED: TOTAL OF TOTAL SALE RATE:. Dollar amount Amount of credit PAYMENTS: PRICE: Cost of credit as credit will provided by Amount paid by Total cost of yearly rate cost buyer Dickinson College Buyer as total of purchase on all scheduled credit, including payments down payment of $ $16,517.00 9.25 % $ $6,314.80 $ $9,893.00 $ $16,207.80 $ $26,410.00 2 EXHIBIT "A" V. CREDIT INSURANCE Credit life insurance for the term of this Contract is not required. V. NO WARRANTIES THERE ARE NO WARRANTIES, EITHER EXPRESSED OR IMPLIED, GIVEN BY SELLER IN CONNECTION WITH SALE OF THE GOODS AND SERVICES COVERED SY THIS CONTRACT UNLESS BUYER HAS SEEN GIVEN A SEPARATE WRITTEN WARRANTY. VI. ADDITIONAL PROVISIONS 1. Buyer agrees to pay Seller the Total Sale Price by making the total down payment and paying Seller the Total of Payments in the number and amount of monthly payments shown in the Payment Schedule. Payments are due on Or before the same date of each month as the first payment date. Payments must be made to EduBerv Technologies, Inc. at the following address: Eduserv Technologies, Inc. P.O. Sox 64974 St. Paul, MN 55164-0974 2. Buy~r'8 legal rights include the right to pay all or part of the amounts due on this Contract in advance of their due dates, to obtain a refund or credit of unearned Finance Charge whenever the amount is paid in full in advance, and (with Seller's consent) to reinstate the Contract if Buyer timely cures any default. 3. Buyer shall be deemed to have committed an "Event of Default" of the Contract upon the occurrence of any of the following: (a) failure to make any payment on or before the date it is due, (b) failure to make a payment on any other Contract outstanding with Seller, (c) failure to perform any other provision of the Contract, (d) providing Seller with false information or signatures, (e) death, incompetence, or conviction of any Buyer of crime involving fraud or dishonesty, (f) insolvency or bankruptcy of any Buyer. 4. Upon or after the occurrence of any Event of Default, Seller will provide Buyer with notice, by certified mail as required by law, addressed to Buyer's last known address as shown on Seller's records, advising Buyer of the default and of BU1~r:s right to t,;i.i.r.,:; the Q~fa\;;.lt. Thci ne;til.:e will provide tl:a.e time, a..'l.IOunt and performance necessary to cure the default. If Buyer does not cure the default as provided in the notice, Seller's rights shall include the right to declare all sums due on the Contract to be immediately due and payable. The Buyer agrees to pay all attorney's fees and other reasonable collection costs and charges necessary for the collection of any amount not paid when due. 5. Waiver by Seller of any Event of Default shall not be binding upon Seller if Seller should thereafter choose to exercise that or any other right or a similar Event of Default oecurs later. All Seller's rights and remedies shall be cumulative. Seller's exercise of one or more rights shall not cause Seller to lose any other rights. 6. This contract is freely assignable by Seller. Buyer agrees that upon receiving notice of the assignment Buyer shall be obligated to the Assignee of this 3 contract, which A0signee shall have ~11 of seller's right and remedi.es_ 7. If any part of this Contract is held to be illegal, void or unenforceable, that provision shall be deemed not to have been a parL of tllis Contract, Wllich shall otherwise remain fully effective. 8. APPLICABLE LAW: This Agreement, whenever call.ed upon to be construed, shall be governed by the domestic internal laws of the Commonwealth of Pennsylvania except to the extent supplemented, superseded or preempted by federal law. 9. CONSENT TO JURISDICTION. VENUE AND SERVICE: The parties to this Agreement consent and agree that all legal proceedings relating to the subject matter hereof shall be mainta~;l.ec. ~r; 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 eaid court. Service of process in any such proceeding may be made by certified mail, return receipt requested, direc.~e,j b) t.r-l': ): ~.::q;:,'2:::: :,. lYe; f.'3.,-,~,:,r at: . !~e add:::es€ set forth above. 10. This Contract shall be binding upon the parties hereto, their heirs, successors, assigns and legal representatives. 11. TIME IS OF THE ESSENCE OF THIS CONTRACT. NOTICE: ANY HOLDER OF THIS CONSUMER CREDIT CONTRACT IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH THE DEBTOR COULD ASSERT AGAINST THE SELLER OF GOODS OR SERVICES OBTAINED PURSUANT HERETO OR WITH THE PROCEEDS HEREOF. RECOVERY HEREUNDER BY THE DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR HEREUNDER. NOTICE TO BUYER: (1) DO NOT SIGN THIS AGREEMENT BEFORE YOU READ IT OR IF IT CONTAINS ANY BLANK SPACE. (2) YOU ARE ENTITLED TO A COMPLETELY FILLED-IN COPY OF THIS AGREEMENT. (3) UNDER THE LAW, YOU HAVE THE RIGHT TO PAY OFF IN ADVANCE THE FULL AMOUNT DUE AND UNDER CERTAIN CONDrTIONS TO OBTAIN A PARTIAL REFUND OF THE FINANCE CHARGE. BUYER(S) ACKNOWLEDGE(S) RECEIVING A COMPLETED COPY OF THIS CONTRACT AND INTEND(S) TO BE LEGALLY BOUND BY ITS TERMS. ::~.-q u/ ,6;'[. ---~ _/ -"-- BUYER(S) : k;;____ I AGREE TO REPAY ALL AMOUNTS DUE ON THIS LOAN IF THE BORROWER(S)/BUYER(S) FAILS TO DO SO IN ACCORDANCE WITH THE TERMS OF THE NOTE: STUDENT COSIGNER /(jL~) Y TRANSCRIPT OF A STUDENT'S RECORD WILL NOT BE RELEASED IF LOAN PAYMENTS TO THE COLLEGE ARE IN ARREARS OR DEFAULT. DATE: DICKINSON COLLEGE ~: 12 ~//'(, BY -.....:.:----,., .__)/hl '--.~ ,./"__.--, / j 4 VERIFICATION I, THOMAS MEYER, 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. 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 ThO~<-' Bursar Dated: F:\FILES\DA T AflLE\DickinsonCollege76I 9\CollectionsICun-enl\J02-com I. wpd f-)~ ~ - -l::: ~~ 0' ~ \J) ~ ~ ~ 6 xJ r ~ -+-- -.....L. C) rf' \;~~ c.:: "':1 -:r'}1 __ ",A'::' .r;;- ~ -- David R Galloway, Esquire Ten East High St. Carlisle, PA t7013 7t7-243-3341 DICKINSON COLLEGE Commonwealth of Pennsylvania Cumberland County Court of Common Pleas Docket/Index # 05.754 v. GEORGE T. KIM Affidavit of Service Commonwealth of Pennsylvania SS: County of Philadelphia I, Richard Ehrlich being duly sworn according to law upon my oath, depose and say, that deponent Is not a party to this action, has no direct personal interest in this litigation and is over 18 years of age. That on February 17, 2005 at 7:55 PM, deponent served the within named Complaint upon George T. Kim, Defendant. Said service was effected at 7949 Ridge Ave., apt. A19, Philadelphia, PA , In the following manner; By delivering thereat a true copy of each to George T. Kim personally. George T. Kim is described to the best of deponent's ability at the time and circumstances of service as follows: Sex: Male Skin: Caucasian Hair: Black Age(Approx): 25 Ht.(Approx): 5' 5" Wt.(Approx): 150-160 Ibs I hereby affirm that the information contained in the Affidavit of Service is true and correct. This affirmation is made subject to the penalties of 18 PA C.S. 4904 relating to unsworn falsification to authorities. Sworn to before me on February 21,2005 R~0dL1/J4 Dennis Richman's Services For The Professionai, inc. 16t7 JFK Boulevard, Suite 820 Philadelphia, PA t9103 (215) 977-9393, (215) 977-9806 (Fax) DRS#27115 Q,~ Not rial eal Regina . Richman, Notary Public Falls Twp., Bucks County My Commission Expires: December 12, 2005. David R. Galloway, Esquire Ten East High St. Carlisle, PA 17013 717-243-3341 DICKINSON COLLEGE V. Commonwealth of Pennsylvania Cumberland County Court of Common Pleas DockeUlndex # 05.754 JONG W. KIM Affidavit of Service Commonwealth of Pennsylvania 55: County of Philadelphia I, George Phillips being duly sworn according to law upon my oath, depose and say, that deponent is not a party to this action, has no direct personal interest in this litigation and is over 18 years of age. That on February 25, 2005 at 9:15 PM, deponent served the within named Complaint upon Jong W. Kim, Defendant. Said service was effected at 209 Rock 51., apt. H3, Philadelphia, PA , in the following manner; By delivering thereat a true copy of each to Jong W. Kim personally. Jong W. Kim is described to the best of deponent's ability at the time and circumstances of service as follows: Sex: Male Skin: Asian Hair: Black Age(Approx): 60 Ht.(Approx): 5' 7" Wt.(Approx): 190-200 Ibs I hereby affirm that the information contained in the Affidavit of Service is true and recl. This affirmation is made subject to the penalties of 18 PA C.S. 4904 relating to unsworn falsification to aut on' s. (lr.L George Phillips, roce Server Dennis Richman's Services For The Professional, Inc. 1617 JFK Boulevard, Suite 820 Philadelphia, PA 19103 (215) 977-9393, (215) 977-9806 (Fax) DRS # 27114 Not rial eal Regina . Richman, Notary Public Falls Twp., Bucks County My Commission Expires: December 12, 2005. - CJ -n --, r' ~1 ~".) . . # , F: IFI LES\DA T A FI LE\DickinsonCollege 76 (\lIe offeclionsICul'l'el1t\302'lSlip I ..Created: 4/14/05 2:44PM Revised: 4l15105 lO,24AM 7619C302 David R. Galloway, Esquire MARTSON DEARDORFF WILLIAMS & OTTO Ten East High Street arlisle, P A 17013 717) 243-3341 ttorne s for Plaintiff ICKINSON COLLEGE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 05-754 CIVIL ACTION-LAW JONG W. KIM & GEORGE T. KIM: Defendants JURY TRIAL OF TWELVE DEMANDED STIPULATION AND AGREEMENT FOR ENTRY OF JUDGMENT AND NOW, comes Plaintiff DICKINSON COLLEGE by and through its attorneys, MARTSON DEARDORFF WILLIAMS & OTTO, and Defendants, Jong W. Kim and George T. Kim, who stipulate and agree as follows: I. Pa. R.c.P. 1037 (c) provides that in all cases, the Court, on motion of a party, may enter an appropriate judgment against a party upon admission. 2. Defendants agree and admit that Judgment should be entered against them in favor of Plaintiffin the amount of$3,726.52, plus costs of suit and interest accruing at 5% per annum from date of Judgment. 3. The parties agree that the Court, upon motion of Plaintiff, may enter Judgment pursuant to this Stipulation without issuance of a Rule to Show Cause, and without further /tl;rz ~ B'D~~ Martson Deardorff Williams & Otto T en East High Street Carlisle, P A 17013-3093 (717) 243-3341 Attorney for Plaintiff Date: April1Q, 2005 By Jq.gW. im 9 Rock Street Apt.H3 Philadelphia, P A Pro Se Defendant Date: April'lb, 2005 19128-3751 BJ6~im4-- . 7949 Ridge Ave. Apt.AI9 Philadelphia, PA 19128-3026 Pro Se Defendant Date: April~, 2005 ~ '~ . CERTIFICATE OF SERVICE I, Jean Taylor, an authorized agent of Marts on Deardorff Williams & Otto, hereby certi fy that , , 4 copy of the foregoing Order was served this date by depositing same in the Post Office at Carlisle, lA, first class mail, postage prepaid, addressed as follows: Mr. long W. Kim 209 Rock Street Apt H3 Philadelphia, PA 19128-3751 Mr. George T. Kim 7949 Ridge Avenue Apt. A-19 Philadelphia, PA 19128 MARTS ON DEARDORFF WILLIAMS & OTTO ~-~L B J ea aylor Te E st High Street \ . Carlisle, P A 17013 (717) 243-3341 Date: May 4, 2005 ,..."': ("J ~11 .-\ ."C: ~~(\ ,-, C';:~ 'L.,f' -;'l' \ (n --'" (;~: 'C",-' ......l ~ > .:J F.'flLES\DA TAFlI.EI,DickinsonCollcge16l 'l\Collections\CurrentIJ02\Qnler ., ....ncaled 6f\<;I/O)4()SPM Revi;;ed 5/4i052\lt>?M 76\9(',)02 j- RECEIVED MAY 06 ZOOS David R. Galloway, Esquire MARTSON DEARDORFF WILLIAMS & OTTO Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attomeys for Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA DICKINSON COLLEGE, Plaintiff v. : NO. 05-754 : CNIL ACTION-LAW JONG W. KIM & GEORGE T. KIM Defendants : JURY TRIAL OF TWELVE DEMANDED ORDER OF COURT AND NOW, this I bltday of -M 71 ,2005, upon consideration of the attached Stipulation, judgment is hereby entered in favor of Plaintiff, Dickinson College, against Defendants, Jong W. Kim and George T. Kim in the amount of$3, 726.52 plus costs of suit and interest accruing at 5% per annum from date of Judgment. Prothonotary is directed to enter and index this judgment accordingly. BY THE COURT, , J. for Plaintiff: David R. Galloway, Esquire J.D. 87326 Ten East High Street Carlisle,PA 17013 for Defendant: "J :2 lid 01'>:11 cn,p I "". -lU",(, ,',1,"11""'., 'v ::i0 ------- - -- F :\FILESIDA T AFILEIDickinsonCollege7619IColleclionsICurrenl\302\pra Created: 6/19/034:08PM Revised: 2/26/074: 14PM 7619C.302 Christopher E. Rice, Esquire MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MART SON LAW OFFICES Ten East High Street Carlisle, P A 17013 (717) 243-3341 Attorneys for Plaintiff DICKINSON COLLEGE, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 05-754 : CIVIL ACTION-LAW lONG W. KIM & GEORGE T. KIM Defendants : JURY TRIAL OF TWELVE DEMANDED PRAECIPE To the Prothonotary: Please enter the appearance of Christopher E. Rice, Esquire, of Martson Deardorff Williams Otto Gilroy & Faller as attorney for the Plaintiffin lieu of David R Galloway, Esquire. Please also mark the above-captioned judgment satisfied and the matter discontinued. MARTS ON LAW OFFICES By U~ 5 rL Christopher E. Rice, Esquire Attorney I.D. No. 90916 Ten East High Street Carlisle, P A 17013 (717) 243-3341 Date: ~/ti7 /111 This is a debt collecting firm and we are trying to collect a debt. o c:: ~~ -r'1 t:;- cpr:" 7- C/) -' r;: ~L: z =< '" = = -... .." rrt co N -.J o ." :r!-n m- ,....... -om ~~::JO r~ i ::-.:;c) "-r-~ -r'. ~~~ :d :..;:~ (; om -c-t 5 -< -0 :r: - .. N r . ..... CERTIFICATE OF SERVICE I, Mary M. Price, an authorized agent of Martson Deardorff Williams Otto Gilroy & Faller, hereby certify that a copy of the foregoing Praecipe was served this date by depositing same in the Post Office at Carlisle, P A, first class mail, postage prepaid, addressed as follows: Mr. long W. Kim 209 Rock Street Apt H3 Philadelphia, PA 19128-3751 Mr. George T. Kim 7949 Ridge Avenue Apt. A-19 Philadelphia, P A 19128 MARTSON LAW OFFICES By~)1'L.Q~ M . Price Ten st HIgh Street Carlisle, P A 17013 (717) 243-3341 Date: 1~7/a1 2 ~~ -Qi:l: D;',,,:,; ~ = -" '"'1'1 ~ ~ '-"':.-;":, C (J) -s\ ~~ . ~~.\i,_.~ J;" r;;; 3. --0 ::; ~ %~ -ern .')9 _.~... -, (j, c.,: --"\~j '-y:~ c',~ C-';; {51 ,- \ % ::.(. - .' r-' ("0..;)