HomeMy WebLinkAbout14-5008 Supreme Cau, of Pennsylvania
Courd r-of�.C6inmo. leas For Prothonolmy Use Only:
Cvil�Cove et
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Currmberland
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The informatiolt collected on this form is used solely for court administration purposes. This form 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:
S 0 Complaint 0 Writ of Summons 0 Petition
Q Transfer from Another Jurisdiction M Declaration of Taking
E
C Lead Plaintiffs Name: Lead Defendant's Name:
T Dickinson College Frederick D. Newman
I Are money damages requested? D Yes D No Dollar Amount Requested: Mwithin arbitration limits
O (check one) []outside arbitration limits
N Is this a Class Action Suit? Yes El No Is this an MDJAppeal? El 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(area Self-Represented (Pro Sel 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
El Intentional El Buyer Plaintiff Administrative Agencies
0 Malicious Prosecution El Debt Collection: Credit Card F.1 Board of Assessment
0 Motor Vehicle x Debt Collection: Other E] Board of Elections
M Nuisance Unpaid student loans El Dept.of Transportation
0 Premises Liability El Statutory Appeal: Other
S 0 Product Liability(does not include
E mass tort) (] Employment Dispute:
Q Slander/Libel/Defamation Discrimination
C Q Other: Employment Dispute: Other Q Zoning Board
T El Other:
I Other:
O MASS TORT
E] Asbestos
N 0 Tobacco
0 Toxic Tort-DES
Toxic Tort- Implant REAL PROPERTY MISCELLANEOUS
E] Toxic Waste Q Ejectment
Other: J E] Common Law/Statutory Arbitration
B 0 Eminent Domain/Condemnation 0 Declaratory Judgment
0 Ground Rent [3 Mandamus
El Landlord/Tenant Dispute Non-Domestic Relations
0 Mortgage Foreclosure: Residential Restraining Order
PROFESSIONAL LIABLITY 0 Mortgage Foreclosure: Commercial El Quo Warranto
El Dental El Partition El Replevin
0 Legal 0 Quiet Title Other:
F1 Medical Other:
0 Other Professional:
Updated 1/1/2011
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F:\FILES\Clients\7619 Dickinson College\7619.Collections\7619C.Current\7619C.403 Newman\7619C.403.com/drg
Christopher E. Rice, Esquire
I.D. No. 90916
;� '• ��a�^���t 1��� {�1,.1 Y 1../ . *. ' ter
MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER
MARTSON LAW OFFICES
Ten East High Street
Carlisle, PA 17013 t-UMBERLAND CC-U, T,
(717) 243-3341 PENNSYLVAN(H
Attorneys for Plaintiff
DICKINSON COLLEGE, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. NO. 14 - � U �A -TE's- K
FREDERICK D. NEWMAN, CIVIL ACTION - LAW
DEBORAH S. NEWMAN, and
AMANDA J. NEWMAN,
Defendants
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
CC5) 6id-A76f1-
s
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FAFILES\Clients\7619 Dickinson College\7619.Collections\7619C.Current\7619C.403 Newman\7619C.403.com
Christopher E. Rice, Esquire
I.D. No. 90916
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. 14 -
FREDERICK D. NEWMAN, CIVIL ACTION - LAW
DEBORAH S. NEWMAN, and
AMANDA J. NEWMAN,
Defendants
COMPLAINT
AND NOW, comes Plaintiff,Dickinson College,by and through its attorneys,MARTSON
LAW OFFICES, and hereby avers as follows:
1. Plaintiff Dickinson College is a Pennsylvania educational institution and nonprofit
corporation with its principal business address of Post Office Box 1773, Carlisle, Cumberland
County, Pennsylvania 17013.
2. Defendant Frederick D.Newman is an adult individual with a last known address of
240 Daub Road, Myerstown, Lebanon County, Pennsylvania 17067 ("Defendant Frederick").
3. Defendant Deborah S.Newman is an adult individual with a last known address of
240 Daub Road, Myerstown, Lebanon County, Pennsylvania 17067 ("Defendant Deborah").
4. Defendant Amanda J. Newman is an adult individual residing at 347 East Market
Street, Hallam, York County, Pennsylvania 17406 ("Defendant Amanda").
5. On or about May 12, 1998, Defendants Frederick and Deborah entered into an
Educational Goods and Services Retail Installment Contract("Contract")with Plaintiff. A copy of
this Contract#1 is attached hereto as Exhibit"A."
6. The Contract provided for the financing of$7,700.00, plus interest and costs, by
Defendants Frederick and Deborah on behalf of their daughter, Defendant Amanda.
7. The Contract grants Plaintiff reasonable attorney's fees,which Plaintiff has calculated
to be $1,500.00 as of this date.
8. Defendant Amanda is a co-signor and guarantor of the Contract.
9. As a co-signor and guarantor of the Contract, Defendant Amanda is obligated and
liable for any outstanding amount due and payable under the Contract.
10. Defendants began making monthly payments to Plaintiff to satisfy the debt owed
under the Contract.
11. As of December 2013, Defendants failed to make any further payments.
COUNT
BREACH OF CONTRACT
12. Plaintiff hereby incorporates by reference the averments contained in paragraphs 1
through 11 of this Complaint.
11. Plaintiff has fulfilled,performed and complied with all obligations and conditions of
the Contract.
12. Defendants breached the expressed and implied obligations,conditions and terms of
the Contract by failing to pay the amounts financed therein.
WHEREFORE, Plaintiff demands judgment against the Defendants,jointly and severally,
in the amount of$14,061.71, plus interest on the Contract as set forth therein, attorney fees in the
amount of$1,500.00, and costs accruing thereafter.
COUNT II
IN QUANTUM MERUIT
13. Plaintiff hereby incorporates by reference the averments contained in Paragraphs 1
through 12 of this Complaint.
14. If this Court finds that no contract exists,than,in the alternative,Defendants are liable
to the Plaintiff and/or have been unjustly enriched in the amount as set forth in the above.
WHEREFORE, Plaintiff demands judgment against the Defendants,jointly and severally,
in the amount of$14,061.71, plus interest and costs accruing thereafter.
MARTSON LAW OFFICES
By: ORLr r /Z�—
Christopher E. Rice, Esquire
I.D.Number 90916
Ten East High Street
Carlisle, PA 17013-3093
(717) 243-3341
Attorneys for Plaintiff
Date: 6. 2(.- Iq
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"
I
DICKINSON COLLEGE FLEXIBLE FINANCING SYSTEM- PLAN B
EDUCATIONAL GOODS AND SERVICES RETAIL INSTALLMENT CONTRACT
i
Date: May 12, 1998
I. Seller: Dickinson College, Carlisle,Pennsylvania 17013-2896
Buyer(s): Frederick D. &Deborah S.Newman
240 Daub Rd.
Myerstown PA 17067-1828
i
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 Amanda Newman
(hereinafter as "Student") during his/her enrolment at Dickinson College during the 1998 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 FINANCE AMOUNT TOTAL OF TOTAL SALE
PERCENTAGE CHARGE: FINANCED: PAYMENTS: PRICE:
RATE:* Dollar amount Amount of credit Amount paid by Total cost of
Cost of credit as credit will provided by Buyer as total of purchase on
yearly rate cost Buyer Dickinson College all scheduled credit,including
payments down payment of
$19,590.00
9.50% $3,744.72 $7,700.00 $11,444.72 $27,290.00
i
Buyer's payment schedule will be as follows:
Number of Payments Amount of Payments When Payments are Due
107 $106.96 Monthly commencing 6/28/98 until 05/28/09.
*Variable Rate: The ANNUAL PERCENTAGE RATE disclosed above is a variable rate and may change. The
ANNUAL PERCENTAGE RATE may increase during the term of this transaction if the prime
rate of interest announced in the Wall Street Joumal as of the close of business on June 30 of
each calendar year increases, and will be increased to the prime rate plus 1%. The ANNUAL
PERCENTAGE RATE will not increase more than once a year, and the new interest rate will
become effective on July 1 following the increase,if any, in the prime rate of interest. Any
increase will be in the form of higher payment amounts. If your cost of the Goods and Services
sold hereunder were$7700.00 at 9.50%per annum for 107 months, and the prime rate plus 1%
were increased to 10.50%,your regular monthly payments would increase to $111.12. Further,
the_ANNUAL PERCENTAGE RATE-will-not-,increase-ease-to-more than-1-8%-or_such..other rate as
may be permitted under the Pennsylvania Goods and Services Installment Sales Act.
Late Charge: If a payment is more than 15 days late, a sum equivalent to 5% of the late payment(but no more
than$2.50 and not less than$1.00)may be charged.
Prepayment: Buyer may prepay the unpaid balance of the Amount Financed and any FINANCE CHARGE due
through the date of early payment,in full or in part,without penalty.
SEE SECTION VI OF THE CONTRACT BELOW FOR ANY ADDITIONAL INFORMATION ABOUT NON-
PAYMENT,DEFAULT AND REQUIRED REPAYMENT BEFORE THE SCHEDULED DATE FOR
REPAYMENT OF TBE AMOUNT FINANCED.
III. ITEMIZATION OF AMOUNT FINANCED
1. Cash price of Goods and Services: $27,290.00
2. Total down payment: 19,590.00
3. Unpaid balance of cash price(1 -2): 7,700.00
4. Amount paid to others on Buyer's behalf: -0-
5. Amount Financed (3 +4): $7,700.00
2
IV. 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 BY THIS CONTRACT UNLESS BUYER HAS BEEN 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 Edusery Technologies,Inc.at
the following address:
EFG _.-- -
P.O.Box 1810
Winston Salem NC 27102-1810
2. Buyer's 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, 3
(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 Buyer's
right to cure the default. The notice will provide the time,amount 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 occurs later. All Seller's rights and remedies shall be cumulative.
i Seller's exercise of one or more rights shall not cause Seller to lose any other rights.
1
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 Contract,which Assignee shall have all of Seller's right and remedies.
3
I 7. If airy 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.
8. APPLICABLE LAW: This Agreement,whenever called 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 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 set forth above.
10. This Contract shall be binding upon the parties hereto,their heirs,successors,assigns and legal representatives.
i
r
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
CONDITIONS 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.
j BUYER(S):
I AGREE TO REPAY ALL AMOUNTS DUE ON THIS LOAN IF THE BORROWER(S)BUYER(S)FAILS TO DO SO
i IN ACCORDANCE WITH THE TERMS OF THE NOTE:
i
STUDENT COSIGNER A';1'4zA0_leltd�
1
TRANSCRIPT OF A STUDENT'S RECORD WILL NOT BE RELEASED IF LOAN PAYMENTS TO THE COLLEGE
ARE IN ARREARS OR DEFAULT.
DATE: DICKINSO LLEGE
BY
4
�i
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
'J�
Dated:
This a debt collecting firm attempting to collect a debt for Dickinson College. Any
information obtained will be used for that purpose.
FAFILES\Clients\7619 Dickinson College\7619.Collections\7619.C.Current\403 Newman\7619C.403.com
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Ronny R Anderson
Sheriff
Jody S Smith
Chief Depu
Richard W Stewart
Solicitor
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
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Dickinson College
vs.
Frederick D Newman (et al.)
Case Number
2014-5008
SHERIFF'S RETURN OF SERVICE
08/26/2014 Sheriff Ronny R Anderson, being duly sworn according to law, states he made diligent search and inquiry
for the within named Defendant to wit: Frederick D Newman, but was unable to locate the Defendant in
the Sheriffs bailiwick. The Sheriff therefore deputizes the Sheriff of Lebanon, Pennsylvania to serve the
within Complaint & Notice according to law.
08/28/2014 Sheriff Ronny R Anderson, being duly sworn according to law, states he made diligent search and inquiry
for the within named Defendant to wit: Deborah Newman, but was unable to locate the Defendant in the
Sheriffs bailiwick. The Sheriff therefore deputizes the Sheriff of Lebanon, Pennsylvania to serve the
within Complaint & Notice according to law.
0028/2014 Sheriff Ronny R Anderson, being duly sworn according to law, states he made diligent search and inquiry
for the within named Defendant to wit: Amanda J Newman, but was unable to locate the Defendant in the
Sheriffs bailiwick. The Sheriff therefore deputizes the Sheriff of York, Pennsylvania to serve the within
Complaint & Notice according to law.
0903Q014 02:09 PM - The requested Complaint & Notice served by the Sheriff of York County upon Amanda J
Nnwman, personally, at 347 East Market Street, Ha||am, PA 17046. Richard P. Keuadeber, Sheriff,
Return of Service attached to and made part of the within record.
00/16/2014 The requested Complaint & Notice returned by the Sheriff of Lebanon County, the within named
Defendant Deborah Newman, not found. Bruce E. 0inger, Sheriff, Return of Service attached to and
made part of the within record.
*Address is located in Berks County.
09/16/2014 The requested Complaint & Notice returned by the Sheriff of Lancaster County, the within named
Defendant Frederick D Newman, not found. Bruce E. Klinger, Sheriff, Return of Service attached to and
made part of the within record.
*Address is located in Berks County.
SHERIFF COST: $78.49 SO ANSWERS,
September 18, 2014 RONIVRANDERSON, SHERIFF
(c) CountySuito Sheriff, Teleosoft, Inc,
SHERIFF'S OFFICE OF YORK COUNTY
Richard P Keuerleber PETER J. MANGAN, ESQ.
Sheriff
Solicitor
Michael S. Hose Richard E Rice, H
Chief Deputy, Operations
Chief Deputy, Administration
DICKINSON COLLEGE
vs.
FREDERICK D. NEWMAN (et aI.)
Case Number
14-5008
SHERIFF'S RETURN OF SERVICE
09/03/2014 02:09 PM - DEPUTY TAYLOR ECK, 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: AMANDA J. NEWMAN AT 347
EAST MARKET STREET, HALLAM, PA 17406.
--At4
TAYLOR EK, DEPUTY
SHERIFF COST: $33.08 SO ANSWERS,
September 13, 2014
MICHAEL S. HOSE, SHERIFF FOR
RICHARD P KEUERLEBER, SHERIFF
COMMONWEALTH OF PENNSYLVANIA
Notarial Seal
Lisa L. Thorpe, Notary Public
City of York, York County
My Commission Expires Aug. 12, 2017
NEMER, PENNSYLVANIA ASSOCIATION OF NOTARIES
Affirmed and subscribed to before me this
13TH day of SEPTEMBER
NOTARY
2014
(c) Counly$We Sheriff, 'Tele.csoft, Inc.
CIVIL COMPLAINT
No. 14-5008
Return to Cumberland County
Dickinson College
vs.
Frederick D. Newman and Deborah S. Newman
STATE OF PENNSYLVANIA }
COUNTY OF LEBANON } SS:
Martson Deardorff Williams Otto Gilroy &
Faller
Martson Law Offices
Christopher E. Rice, Esquire
Ten East High Street
Carlisle, PA 17013
717-243-3341
General File No. 14-02925
James L. Lineaweaver III, Deputy Sheriff, being duly sworn according to law, deposes and says
that after due and diligent search by him having been made in his bailiwick, and after having
exhausted all known facets to locate DEFENDANTS, as stipulated under Rule of Civil
Procedure, Rule 430, "good faith effort," he was unable to find FREDERICK D. NEWMAN
AND DEBORAH S. NEWMAN, the within named DEFENDANT, and he therefore returns
"NOT FOUND," as to the said FREDERICK D. NEWMAN AND DEBORAH S. NEWMAN.
Note: The address of 240 Daub Road, Myerstown is located in BERKS COUNTY.
Sworn to and subscribed before me
This D day of
etticAuK
CO ON + ALili0F PENNSYLVAN
erldl Sial
Debra Arlo ) hnso i, Notar; Public
City of Leiwion, Lebanon County
Gs en i xp ros Ploy, 20, 2013
tkinfi—A .S -f tATtON OF NOTA
10
SO ANSWERS,
--
PUTY SHERIFF
By Authorization Of:
SHERIFF
SHERIFF'S COSTS IN ABOVE PROCEEDINGS
Advanced Costs paid on 08/28/14
Costs Incurred:
Amount of Refund:
Check No. 28713 Amount
Amount
Check No. Amount
$ 200.00
$ 54.50
$ 145.50
All Sheriffs Costs shall be due and payable when services are performed, and it shall be
lawful for him to demand and receive from the party instituting the proceedings, or any party
liable for the costs thereof, all unpaid sheriffs fees on the same before he shall be obligated by
law to make return thereof.
Sec. 2, Act of June 20, 1911, P.L. 1072