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HomeMy WebLinkAbout14-0725 Supreme Court of Pennsylvania Court of-Common Pleas For Prothonotary Use Only: Civil Cover Sheet Docket No: CUMBERLAND County � I The information collected on this form is used solely frr court acinunisth-atiori purposes. This firm does not supplement or replace' the filing and service of pleadin „ls or other papers as required by lair or rules of court. Commencement of Action: S 0 Complaint El Writ of Summons Petition Transfer from Another Jurisdiction Q Declaration of Taking E C Lead Plaintiff's Name: Lead Defendant's Name: T Dickinson College Eric Piper I Are money damages requested? Yes No Dollar Amount Requested: Mwithin arbitration limits O (check one) Doutside arbitration limits N Is this a Class Action Suit? 0 Yes F1 No Is this an MDJAppeal? 0 Yes F1 No A Name of Plaintiff /Appellant's Attorney: Christopher E. Rice, Esquire ® (.heck here if you have no attorney (are <a Self-Represented [Pro Sel Litigant) Nature of the Case Place an "X” to the left of the ONE case category that most accurately describes your PRIMARY CASE. If you are making more than one type of claim, check the one that you consider most important. TORT (do not include Mass Tort) CONTRACT (do not include Judgments) CIVIL APPEALS Q Intentional El Buyer Plaintiff Administrative Agencies Malicious Prosecution E3 Debt Collection: Credit Card © Board of Assessment FJ Motor Vehicle Debt Collection: Other ® Board of Elections E] Nuisance Unpaid student loans Dept. of Transportation Premises Liability Statutory Appeal: Other S Product Liability (does not include E mass tort) Q Employment Dispute: Slander/Libel/ Defamation Discrimination © C ® Other: [3 Employment Dispute: Other ®Zoning Board T. El Other: I E] Other: O MASS TORT 0 Asbestos N rl Tobacco E] Toxic Tort - DES El Toxic Tort - Implant REAL PROPERTY MISCELLANEOUS rl Toxic Waste 0 Other: ©Ejectment M Common Law /Statutory Arbitration B r! Eminent Domain /Condemnation F1 Declaratory Judgment rl Ground Rent E) Mandamus Land] ord/Tenant Dispute rl Non - Domestic Relations Mortgage Foreclosure: Residential Restraining Order PROFESSIONAL LIABILITY © Mortgage Foreclosure: Commercial El Quo Warranto 0 Dental rl Partition El Replevin rl Legal Quiet Title El Other: Medical ® Other: M Other Professional: Updated 1/1/2011 i f FABLES \Clients \7619'Dickinson College\ 7619. Collections \7619C.Current \7619C.424 Piper \7619C.424.com Christopher E. Rice, Esquire 11, L E 4FF 1 = Attorney I.D. No. 90916 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FAI 8 ` MARTSON LAW OFFICES FF 7 PM 3 ; I Ten East High Street CUMBERLAND COUNTY Carlisle, PA 17013 PENNSYLVANIA (717) 243 -3341 Attorneys for Plaintiff DICKINSON COLLEGE, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2014 - ERIC PIPER, CIVIL ACTION - LAW Defendant 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 rio a. S Y z- f FIFILES \Clients \7619 Dickinson College \7619. Collections \7619C.Current \7619C.424 Piper \7619C.424.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, PENNSYLVANIA V. NO. 2014 - ERIC PIPER, CIVIL ACTION - LAW Defendant : COMPLAINT AND NOW, comes Plaintiff Dickinson College by and through its attorneys, MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER, and hereby avers as follows: 1. Plaintiff, Dickinson College, is a Pennsylvania educational institution and nonprofit corporation with its principal place of business at West Street, Post Office Box 1773, Carlisle, Cumberland County, Pennsylvania 17013. 2. Defendant, Eric Piper, is an adult individual with last known address of 101 West Louther Street, Carlisle, Cumberland County, Pennsylvania 17013. COUNT BREACH OF CONTRACT 3. On or about September 5, 2000, Defendant entered into a Abe and Cora Hurwitz Student Loan ( "Loan I") with Plaintiff for the financing of a loan, plus interest and costs, for educational services and benefits at Plaintiff's institution. A copy of Loan 1 is attached hereto as Exhibit "A." 4. The principal amount for Loan 1 was $2,000.00. 5. On or about January 23, 2003, Defendant entered into a Abe and Cora Hurwitz Student Loan ( "Loan 2 ") with Plaintiff for the financing of a loan, plus interest and costs, for educational services and benefits at Plaintiffs institution. A copy of Loan 2 is attached hereto as Exhibit "B." 6. The principal amount for Loan 2 was $2,000.00. 7. As of December 19, 2013, the principal and interest due and payable by Defendant to Plaintiff was $3,404.41, with interest accruing at 5% per annum. 8. The Note grants Plaintiff reasonable collection and attorneys' fees which Plaintiff has calculated to br $750.00. 9. Plaintiff has fulfilled, performed and complied with all obligations and conditions of the Loans. COUNT IN QUANTUM MER UIT 10. Plaintiff hereby incorporates by reference the averments contained in Paragraphs 1 through 9 of this Complaint. 11. Having requested Plaintiff to loan money, and doing so to the benefit of Defendant, Defendant became liable to Plaintiff for said money. 12. Defendant has been unjustly enriched by accepting said money without paying Plaintiff reasonable compensation therefor. WHEREFORE, Plaintiff demands judgment against Defendant in the amount of $3,404.41, plus interest accruing at 5% per annum on the Loans thereafter, attorney's fees in the amount of $750.00 and other reasonable collection costs and charges. MARTSON LAW OFFICES By C� S A- -- _ Christopher E. Rice, Esquire I.D. Number 90916 Ten East High Street Carlisle, PA 17013 -3093 (717) 243 -3341 Date: 2 — 7_ y Attorneys for Plaintiff This is a debt collecting firm attempting to collect a debt for Dickinson College. Any information obtained will be used for that purpose. EXHIBIT "A" ABE AND CORA HURWITZ STUDENT LOAN DICKINSON COLLEGE CARLISLE, PENNSYLVANIA 17013 -2896 Date: September 5, 2000 I, Eric Piper, 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 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 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 (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. M. 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 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, 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 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 of the loan only. The College may divulge additional information regarding the status of my loan account to [my parent(s) I 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 may be 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 3 S g 2 00 Social Security Number College Loan Office �Qi�i.C� f�L�. Date 9'�� 2 EXHIBIT "B" ABE AND CORA HURWITZ STUDENT LOAN . DICKINSON COLLEGE CARLISLE, PENNSYLVANIA 17013 -2896 Loan Number: 1070 -01 Date: January 23, 2003 I, Eric Piper, hereby acknowledge receipt from Dickinson College, the "College ",. of a Hurwitz Student Loan in the principal amount of $2,000.00, which is hereby applied on my College account for the 2002 -2003 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 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 (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 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 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, 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 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 I 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 of the loan only. The�Collee, may divulge additional information regarding the status of my loan account to [mss / noY one elsel If any part of this Contract is held to be illegal; void or unenforceable, that provision shall be deemed not to have been apart 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 may be 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 0 3 Social Security Number Revised 08120/02 r 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 and to the extent that this Complaint is based upon information which I have given to my counsel, it is true and correct and to the best of my knowledge, information and belief. To the extent that the content of this Complaint is that of counsel, I have relied upon counsel in making this Verification. This statement and Verification are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities, which provides that if I knowingly make false averments, I may be subject to criminal penalties. Dickinson College By: �' Sally Hecke dorn, Bursar Dated: 62�10// FAFILES \Clients \7619 Dickinson College\ 7619. Collections \7619C.Current \7619C.424 Piper \7619C.424.com SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson _ _,-- - Sheriff i*,, f Tyr, ��c«tt ni :r�KtEa�r U 1 C'ii i ,, Jody S Smith �L , ,<< Chief Deputy A. ?OA R 25 Richard W Stewart PH ' ?3 Solicitor ., ' s}.ER,P_ � tj-! PENN ‘'CjUIUT‘ Dickinson College Case Number vs. Eric Piper 2014-725 SHERIFF'S RETURN OF SERVICE 02/18/2014 04:36 PM -Deputy Shawn Harrison, being duly sworn according to law, se► ed the -.uested Complaint & Notice by"personally" handing a true copy to a person representing th- :-Ive-. •• be the Defendant, to wit: Eric Piper at 101 W. Louther Street, Carlisle Borough, Carlisle, P' •• 3. SH• ' H' "RISON ' _'PUTY SHERIFF COST: $35.24 SO ANSWERS, February 19, 2014 RONi— R ANDERSON, SHERIFF L,-. a Sheet set, F:\FILES\Clients\7619 Dickinson College \7619.Collections\7619C.Current\7619C.424 Piper\7619C.424.pra.wpd Christopher E. Rice, Esquire Attorney I.D. No. 90916 MARTSON DEARDORFF WILLIAMS MARTSON LAW OFFICES Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff ;LLD _Ur, iCE THE_ Pi O I't ONO OTTO GILROY & FALLER 2riRAUG 25 AM h L (+0 CUMBERLAND COUNTY PENNSYLVANIA DICKINSON COLLEGE, Plaintiff ERIC PIPER, v. Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2014 - 725 : CIVIL ACTION - LAW PRAECIPE To the Prothonotary: Please mark the above -captioned matter settled and discontinued. MARTSON LAW OFFICES Date: 8',2S//,‘' By: 1-' 7 Christopher E. Rice, Esquire I.D. Number 90916 Ten East High Street Carlisle, PA 17013-3093 (717) 243-3341 Attorneys for Plaintiff This is a debt collecting firm attempting to collect a debt for Dickinson College. Any information obtained will be used for that purpose. 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, PA, first class mail, postage prepaid, addressed as follows: Mr. Eric Piper 101 West Louther Street Carlisle, PA 17013 MARTSON LAW OFFICES By Dated: 8/0U//� (#1, 0,,Ue-R; aryl . Price 10 . st High Street Carlisle, PA 17013 This is a debt collecting firm attempting to collect a debt for Dickinson College. Any information obtained will be used for that purpose.