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HomeMy WebLinkAbout14-3378s E C T I 0 N A s E C T I 0 N B Supreme Court<<ofTennsylvania Courti)f,Commoi Pleas Ci vil;'Cove .Sheet Cunibe land" ;. County For Prothonotary Use Only: J Docket No: /Y- 331r The information collected on this farm is used solely for court administration purposes. This forst does not supplement or replace the filing and service of pleadings or other papers as required by law or rules of court. Commencement of Action: Petition Declaration of Taking Complaint N Writ of Summons ® ® Transfer from Another Jurisdiction ® Lead Plaintiff's Name: Dickinson College Lead Defendant's Name: Keary Joyce Dollar Amount Requested: Ell within arbitration limits Are money damages requested? El Yes II No (check one) outside arbitration limits Is this a Class Action Suit? * Yes El No Is this an MDJAppeal? IN Yes el No Name of Plaintiff/Appellant's Attorney: Christopher E. Rice, Esquire/Martson Law Offices a Self -Represented [Pro Sel Litigant) ® Check here if you have no attorney (are 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) O Intentional O Malicious Prosecution O Motor Vehicle O Nuisance O Premises Liability O Product Liability (does not include mass tort) O Slander/Libel/ Defamation O Other: MASS TORT El Asbestos O Tobacco • Toxic Tort - DES 0 Toxic Tort - Implant Toxic Waste Other: PROFESSIONAL LIABLITY O Dental O Legal O Medical 9 Other Professional: CONTRACT (do not include Judgments) O Buyer Plaintiff O Debt Collection: Credit Card 0 Debt Collection: Other Unpaid student loans O Employment Dispute: Discrimination ▪ Employment Dispute: Other 9 Other: REAL PROPERTY Ejectment Eminent Domain/Condemnation O Ground Rent O Landlord/Tenant Dispute 9 Mortgage Foreclosure: Residential 0 Mortgage Foreclosure: Commercial 9 Partition O Quiet Title 9 Other: 111 CIVIL APPEALS Administrative Agencies O Board of Assessment O Board of Elections 9 Dept. of Transportation O Statutory Appeal: Other O Zoning Board O Other: MISCELLANEOUS O Common Law/Statutory Arbitration • Declaratory Judgment 9 Mandamus Non -Domestic Relations Restraining Order 0 Quo Warranto 0 Replevin 0 Other: Updated 1/1/2011 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 THE PRO1 HONtQ tAR Y AST, JUN -4 PM 43 CUMBERLAND COUNTY PENNSYLVANIA DICKINSON COLLEGE, Plaintiff v. KEARY JOYCE, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2014- 331 r : CIVIL ACTION - LAW 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 6-6 30 6,w/ F:\FILES\Clients\7619 Dickinson College\7619.Collections\7619C.Current\7619C.422 Joyce\7619C.422.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 - KEARY JOYCE, : 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, Keary Joyce, is an adult individual with a last known address of 11160 Heron Bay Boulevard, Apt. 623, Coral Springs, FL 33076. COUNTI BREACH OF CONTRACT 3. On or about September 7, 2001, Defendant entered into a Abe and Cora Hurwitz Student Loan ("Loan 1") 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 September 13, 2002, 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 Plaintiff's institution. A copy of Loan 2 is attached hereto as Exhibit "B." 6. The principal amount for Loan 2 was $1,000.00. 7. As of July 23, 2013, the principal and interest due and payable by Defendant to Plaintiff was $1,871.29, with interest accruing at 5% per annum. 8. The Note grants Plaintiff reasonable collection and attorneys' fees which Plaintiff has calculated to be $500.00. 9. Plaintiff has fulfilled, performed and complied with all obligations and conditions of the Loans. WHEREFORE, Plaintiff demands judgment against Defendant in the amount of $1,871.29, plus interest accruing at 5% per annum on the Loans thereafter, attorney's fees in the amount of $500.00 and other reasonable collection costs and charges. COUNT III 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 $1,871.29, plus interest accruing at 5% per annum on the Loans thereafter, attorney's fees in the amount of $500.00 and other reasonable collection costs and charges. Date: al //l� MARTSON LAW OFFICES By A. C / 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. EXHIBIT "A" ABE AND CORA HURWITZ STUDENT LOAN DICKINSON COLLEGE CARLISLE, PENNSYLVANIA 17013-2896 Date: July 30, 2001 I, Keary Joyce, 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 FIXED ANNUAL PERCENTAGE RATE of 5.000 percent (5%). Interest shall accrue on a daily basis. 11. 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 ( 1 0) 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 1 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 1 default on my loan repayment, the College may disclose that I have defaulted, along with other relevant information, to credit bureau organizations. 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 anent / 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 lmown 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 Komi I /LQ Date 1 J 11 al Social Security Number College Loan Officer Revised 07/16/01 2 Date EXHIBIT "B" ABE AND CORA HURWITZ STUDENT LOAN DICKINSON COLLEGE CARLISLE, PENNSYLVANIA 17013-2896 Loan Number: 1130-01 Date: August 20, 2002 I, Keary Joyce, hereby acknowledge receipt from Dickinson College, the "College", of a Hurwitz Student Loan in the principal amount of $1,000.00, which is hereby applied on my College account for the2A94-2092 academic year. I agree to repay the College according to the following plan: Cid -o3 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. 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) / 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 4roktir n (kR'v°e Social Security Number , College Loan Officer Revised 08/20/02 Date 63113102 Date 2 614- 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 \ Xtbde@V1/40140AAA) Sally Hecke orn Bursar Dated: F:\FILES\Clients\7619 Dickinson College\7619.Collections\7619C.Current\7619C.422 Joyce\7619C.422.com 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 THE PRO?HoNdTAR 2014 AUG 19 18 OTTO GILROY & FALLEN ms SYLNTYPENNVAIA DICKINSON COLLEGE, Plaintiff v. KEARY JOYCE, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2014 - 3378 : CIVIL ACTION - LAW PRAECIPE To the Prothonotary: Please reinstate the Complaint in the above -referenced matter. MARTSON LAW OFFICES By Date: VI Or 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. 0.75'x/aG -7 0X6('6 F: \FILES \Clients\ 7619 Dickinson College \ 76 19.Collections \ 76 I 9C,Current \7619C.422 Joyce \ 76 19C.422.afficlasit of attempted service.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 OTTO GILROY & FALLER ?Oh OCT — I MN 22 CUMBERLAND COUNTY PENNSYLVANIA DICKINSON COLLEGE, Plaintiff V. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2014 - 3378 KEARY JOYCE, : CIVIL ACTION - LAW Defendant AFFIDAVIT OF ATTEMPTED SERVICE COMMONWEALTH OF PENNSYLVANIA ) : SS. COUNTY OF CUMBERLAND I hereby certify that service ofthe Complaint in the above captioned matter was attempted upon Keary Joyce at 11160 Heron Bay Boulevard, Apt. 623, Coral Springs, FL 33076. 0 Attached is the Return of Service form indicating "Not Served" signed by R. McCafferty of the Broward County Sheriffs Office showing a cost of attempted service of $50.00. 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 4 C By 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 thisgOit day September, 2014 CO MONWEAL OF PENNSYLVANIA Notarial Seal Mary M. Price, Notary Public Carlisle Boro, Cumberland County My Commission Expires Aug. 1B, 2015 LF NSYLVANIA ASSOCIATION OF NOTARIES BROWARD COUNTY SHERIFF'S OFFICE P.O. BOX 9507 FORT LAUDERDALE, FLO #t)A 3334&7' Atiryent•. RETURN OF SERVICE Service Sheet # 14-042497 _DICKINSON COLLEGE vs. KEARY JOYCE NOTICEI6'LAINT/OS 20144378 vs' COMMON PLEAS DEFENDANT CASE TYPE OF WRIT J©YCF,KFARY COURT 1R.RNBYRIM) AFT 41823 SERVE C HEARING DATE 423799 MARTSON LAN OFFICES 10 EAST HIGH STREET CARLISTE , PA 17013 CHRISTOPHER RICE ESQ 9884 NYCE, KEARY Attorney Received this process on 8/222/2014 0 Served Date Not i e � — see commentsI Ir at 4 1 1! (DI). P Time , in Broward County, Florida, by serving the within named person a true copy of the writ, with the date and time of service endorsed thereon.by me, and a copy of the complaint, petition, or initial pleading, by the following method: O INDIVIDUAL SERVICE SUBSTITUTE SERVICE; ❑ At the defendant's usual place of abode on "any person residing therein who is 15 years of age or older", to wit: in accordance with F.S. 48.031(1)(a) ❑ To , the defendant's spouse at in accordance with F.S. 48.031(2Xa) ❑ To , the person in charge of the defendant's business in accordance with F.S. 48.031(2)(b), after two or more attempts to serve the defendant have been made at the place of business CORPORATE SERVICE; ❑ To , holding the following position of said corporation in the absence of any superior officer accordance with F.S. 48.081 ❑ To , an employee of defendant corporation in accordance with F.S. 48.081(3) ❑ To , as resident agent of said corporation in accordance with F.S. 48.091 ❑ PARTNERSHIP SERVICE; To , partner, or to , designated employee or person in cli of partnership, in accordance with F.S. 48.061(1) ❑ POSTED RESIDENTIAL: By attaching a true copy to a conspicuous place on the property described in the complaint or summons. Neither the tenant nor a person residing therein 15 years of age or older could be found at the defendant's usual place of abode in accordance with F.S. 48.183 ist attempt date/time: 2nd attempt date/time: O POSTED COMMERCIAL: By attaching a true copy to a conspicuous place on the property in accordance with F.S. 48.183 1st attempt date/time: OTHER RETURNS: See comments 2nd attempt date/time: You can now check the status of your writ by visiting the Broward Sheriff's Office Website at www.sheriff.org and clicking on the icon "Service Inquiry" RECEIPTINFORMATION RECEIPT , 2497 CHECK #38- 3U.00 SVC FEE•50,� ADVERTISING SUS FEE HOLDING SALE QUANTIT : POSTAGE $0.00 ORIG• BILL OF SALE SVCS: TOTAL. 00.00 SCOTT J. ISRAEL, SHERIFF BROWARD COUNTY, FLORIDA EXEC IQ�1 COSTS DOCKET & IND 11" LEVYING .00 DEMAND/LEV,y IN OII TION JUDGMENT DATE: 00 JUDGMENT AMT • 30.00 INTEREST PERC INTEREST AMO SHERIFF'S COST .00 TOTAL AMOUNT: 00 BSO# Cl (REV. 1/2013) ORIGINAL Christopher E. Rice, Esquire Attorney I.D. No. 90916 MARTSON DEARDORFF WILLIAMS OTTO GILROY & MARTSON LAW OFFICES Ten East High Street PENNS YLVAN!A 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 - 3378 KEARY JOYCE, : CIVIL ACTION - LAW Defendant PRAECIPE To the Prothonotary: Please reinstate the Complaint in the above -referenced matter. MARTSON LAW OFFICES Date: ///0"-- c, By Christopher /3 "-- 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. 644 a9ai9 /Mr 4.5" 5'73"