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HomeMy WebLinkAbout14-3758 Supreme Court`4 f.Pennsylvania COurt.W"COmMon""Pleas For Prothonotary Use Only: C _0FChverjSheet ' a Docket No: Curi beland"� ', County `y`. 3?��CJ✓. I The information collected on this form is used solely.for court administration purposes. This form does not supplement or replace the filing and service ofpleadings or .other papers as required by law or rules of court. Commencement of Action: S Complaint 0 Writ of Summons i0 Petition Transfer from Another Jurisdiction 0 Declaration of Taking E C Lead Plaintiffs Name: Lead Defendant's Name: T Dickinson College Sean T. Logue I Are money damages requested? >( Yes 0 No Dollar Amount Requested: 'Xlwithin arbitration limits (check one) E]outside arbitration limits N Is this a Class Action Suit? 0 Yes El No Is this an MDJAppeal? Yes El No A Name of Plaintiff/Appellant's Attorney: Christopher E. Rice, Esquire/Martson Law Offices 0 Check.here if you have no attorney(are a Self-Represented [Pro Se) I..itigant) 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 0 Intentional i_=1 Buyer Plaintiff Administrative Agencies 0 Malicious Prosecution 0 Debt Collection: Credit Card 0 Board of Assessment Q Motor Vehicle x Debt Collection: Other 0 Board of Elections 0 Nuisance Unpaid student loans 0 Dept. of Transportation 0 Premises Liability 0 Statutory Appeal: Other S Product Liability (does not include E mass tort) El Employment Dispute: El Slander/Libel/Defamation Discrimination C 0 Other: ElEmployment Dispute: Other 0 Zoning Board T 0 Other: I E-] Other: O MASS TORT 0 Asbestos N 0 Tobacco 0 Toxic Tort-DES _ 0 Toxic Tort-Implant REAL PROPERTY MISCELLANEOUS 0 Toxic Waste Ejectment ED Common Law/Statutory Arbitration B 0 Other: Eminent Domain/Condemnation Declaratory Judgment 0 Ground Rent 0 Mandamus 0 Landlord/Tenant Dispute 0 Non-Domestic Relations Q Mortgage Foreclosure:Residential Restraining Order PROFESSIONAL LIABLITY 0 Mortgage Foreclosure: Commercial 0 Quo Warranto 0 Dental 0 Partition 0 Replevin 0 Legal 0 Quiet Title 0 Other: 0 Medical 0 Other: Q Other Professional: Updated 1/1/2011 zap F ak 7tj0k,.� i,"r> kf Christopher E. Rice, Esquire Attorney I.D. No. 90916 t �� ,� fit; �� �: � � ,' MARTSON DEARDORFF WILLIAMS OTTO GILROY& FALLER ;UI�f ' COUNTY MARTSON LAW OFFICES PEN SYL JAMA 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 - T) . ,3 SEAN T. LOGUE, 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 iia� ?s jd 2-t4-36��G� FAFILES\Clients\7619 Dickinson College\7619.Collections\7619C.Current\7619C.426 Logue\7619C.426.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, PENNSSYLVANIA V. NO. 2014 - SEAN T. LOGUE, 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, Sean T. Logue, is an adult individual with a last known address of 300 Gilkeson Road, Apt. 913, Pittsburgh, Allegheny County, Pennsylvania 15228. COUNT BREACH OF CONTRACT 3. On or about August 2,2000,Defendant entered into a Abe and Cora Hurwitz Student Loan ("Loan") with Plaintiff for the financing of a loan, plus interest and costs, for educational services and benefits at Plaintiff s institution. A copy of the Loan is attached hereto as Exhibit"A." 4. The principal amount for the Loan was $1,000.00. 5. As of February 12,2014,the principal and interest due and payable by Defendant to Plaintiff was $1,354.77, with interest accruing at 5%per annum. 6. The Note grants Plaintiff reasonable collection and attorneys'fees which Plaintiff has calculated to be $500.00. 7. Plaintiff has fulfilled,performed and complied with all obligations and conditions of the Loan. 8. Plaintiff has made demand for payment of the Loan, but Defendant has failed to comply. WHEREFORE,Plaintiff demands judgment against Defendant in the amount of$1,354.77, plus interest and other reasonable collection costs and charges. COUNT III IN QUANTUM MER UIT 9. Plaintiff hereby incorporates by reference the averments contained in Paragraphs 1 through 8 of this Complaint. 10. Having requested Plaintiff to loan money,and doing so to the benefit of Defendant, Defendant became liable to Plaintiff for said money. 11. 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$1,354.77, plus interest and other reasonable collection costs and charges. MARTSON LAW OFFICES By 0 Christopher E. Rice, Esquire I.D. Number 90916 Ten East High Street Carlisle, PA 17013-3093 (717) 243-3341 Date: - Z yr 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" t , ABE AND CORA HURWITZ STUDENT LOAN DICKINSON COLLEGE CARLISLE, PENNSYLVANIA 17013-2896 Date: August 2, 2000 I,Sean Logue,hereby acknowledge receipt from Dickinson College,the"College",of a Hurwitz Student Loan in the principal amount of$1,000.00 (One 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. 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, I 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 4 . 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 Signature2.1—�—Date— Social Security Number. College Loan Officer Date Z&I-) 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 HeckendMn, Bursar Dated: FAFILES\Clients\7619 Dickinson College\7619.Collections\7619C.Cument\7619C.426 Logue\7619C.426.com Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY FLED 1 -HE PROTHONOTARY 2ff4 AUG -5 Pi 9: 50 CUMBERLAND COUNTY PENNSYLVANIA OF F,r .E QF FNE $H.;RIFF Dickinson College vs. Sean T Logue Case Number 2014-3758 SHERIFF'S RETURN OF SERVICE 06/25/2014 Sheriff Ronny R Anderson, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Sean T Logue, but was unable to locate the Defendant in the Sheriffs bailiwick. The Sheriff therefore deputizes the Sheriff of Allegheny, Pennsylvania to serve the within Complaint & Notice according to law. 07/21/2014 01:45 PM - The requested Complaint & Notice served by the Sheriff of Allegheny County upon Sean T Logue, personally, at 300 Gilkeson Road, Apt. 9B, Pittsburgh, PA 15228. William Mullen, Sheriff, Return of Service attached to and made part of the within record. SHERIFF COST: $37.49 SO ANSWERS, July 29, 2014 RONNY R ANDERSON, SHERIFF (C) CountySuite Sheriff, 7eleosott, Inc. (to , PA 15228 EXP: 07/24/2014 Ronny R Anderson Sheriff Jody S Smith Chief Deputy SHERIFF'S OFFICE 6F CUMBERLAND COUNTY EP - of C-0104,,,co OFFICE OF'THE SHERIFF Richard W Stewart Solicitor Dickinson College vs. Sean T Logue Case Number 2014-3758 SERVICE COVER SHEET Service Details: Category: Manner: Notes: Primary Address: p Alternate a0 Address: ce z Phone: U, rAttorney /Originator. J a Name: Civil Action - Complaint & Notice Deputize Expires: 07/24/2014 Zone: Warrant: Sean T Logue 300 Gilkeson Road Apt. 9B Pittsburgh, PA 15228 DOB: [Fiiial=Service: Served: Personally dult In Charge • Posted • Other Adult In Charge: Relation: Date: Deputy: PAttJ 2s—(oS3 6, 33 Time: e ) 4Mileage: Christopher E Rice 0 0 4") rService Attem co ti M 4 0 N LOGUE, SEAN T Date: Time: Mileage: Deputy: Phone: 717-243-3341 pts: r aru,, " TM ' :w;yu. « ;-r.-�� Y � /y. 4" � V i [Notes / Special `lnstiuctions: Now, June 25, 2014 I, Sheriff of Cumberland County, Pennsylvania do hereby deputize the Sheriff of Allegheny County to execute service of the documents herewith and make return thereof according to law. Return To: Cumberland County Sheriffs Office One Courthouse Square Carlisle, PA 17013 (e) CGUIlty$WE Shtiff. Teleosoft. Inc. Ronny R Anderson, Sheriff ��.;,q-oFF G`.. "R0TH ��'{ I i ii E1\t; Christopher E. Rice, Esquire •� Attorney I.D. No. 90916 SEP -2 PM 3: 2 3 uU MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER 1,1S LAND COUNTY MARTSON LAW OFFICES PENNSYLVANIA 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 -1748— 3 75"x" SEAN T. LOGUE, : CIVIL ACTION - LAW Defendant PRAECIPE To the Prothonotary: Please mark the above -referenced action settled and discontinued. Date: 07/0//9- MARTSON LAW OFFICES By: 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: Sean T. Logue c/o Joseph Murphy, Esquire The J. Murphy Firm 310 Grant Street, Suite 3309 Pittsburgh, PA 15219 MARTSON LAW OFFICES By Dated: 7/00 M. ryj' . Price Ten ` ast High Street Carlisle, PA 17013 (717) 243-3341 This is a debt collecting firm attempting to collect a debt for Dickinson College. Any information obtained will be used for that purpose.