HomeMy WebLinkAbout14-6309 Supreme Cout f b Pennsylvania
Cour ,Cotnn on,,Pleas For Prothonotary Use Only:
C�vil�C e�Shet T���y S
Docket No:
Cu`riberland'`` County ,�L` 36 t i"p
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 X Complaint D Writ of Summons El Petition
E Transfer from Another Jurisdiction I Declaration of Taking
C Lead Plaintiff's Name: Lead Defendant's Name:
T Dickinson College Sheree Baker
I Are moneydamages requested? ix y Dollar Amount Requested: Owithin arbitration limits
g q ❑ es I No (check one) Ooutside arbitration limits
N Is this a Class Action Suit? 0 Yes El No Is this an MDJAppeal? Yes X` 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 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
0 Intentional ; Buyer Plaintiff Administrative Agencies
Malicious Prosecution Debt Collection: Credit Card Board of Assessment
E3 Motor Vehicle x' Debt Collection: Other Board of Elections
ED Nuisance Unpaid student loans E] Dept. of Transportation
0 Premises Liability 0 Statutory Appeal: Other
S Product Liability (does not include
Emass tort) El Employment Dispute:
Slander/Libel/Defamation Discrimination
C I Other: El Employment Dispute: Other E] Zoning Board
T i--! Other:
I 0 Other:
O MASS TORT
0 Asbestos
N 0 Tobacco
Toxic Tort-DES
0 Toxic Tort-Implant REAL PROPERTY MISCELLANEOUS
0 Toxic Waste 0 Ejectment 0 Common Law/Statutory Arbitration
0 Other: 0 C r Eminent Domain/Condemnation Declaratory Judgment
B El Ground Rent 0 Mandamus
0 Landlord/Tenant Dispute 0 Non-Domestic Relations
0 Mortgage Foreclosure: Residential Restraining Order
PROFESSIONAL LIABLITY 0 Mortgage Foreclosure: Commercial 0 Quo Warranto
0 Dental 0 Partition 0 Replevin
0 Legal El Quiet Title El Other:
E] Medical M Other:
E] Other Professional:
Updated 1/1/2011
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Christopher E. Rice, Esquire TIL t�
Attorney I.D. No. 90916 2014 OCT 30 AM 10: 32
MARTSON LAW OFFICES CUMBERLAND COUNTY
Ten East High Street PENNSYLVANIA
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 -
SHEREE BAKER, 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
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30-7?d
FABLES\Clients\7619 Dickinson College\7619.Collections\7619C.Current\7619C.437 Baker\7619C.437.comp1aint.wpd
Christopher E. Rice, Esquire
Attorney 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. 2014-
SHEREE BAKER, (�
Defendant CIVIL ACTION - LAW
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,Sheree Baker,is an adult individual with a last known address of 818 Bear
Gap Road, Elysburg,Northumberland County, Pennsylvania 17824.
COUNT
BREACH OF CONTRACT
3. On or,about August 2, 2000, Defendant entered into an 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 the Loan is attached hereto as
Exhibit"A."
4. The principal amount for Loan 1 was $2,000.00.
5. On or about July 16,2001,Defendant entered into an Abe and Cora Hurwitz Student
("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".
n
6. The principal amount for Loan 2 was $2,000.00.
7. As of September 24, 2014, the principal and interest due and payable by Defendant
to Plaintiff was $4,248.33, with interest accruing at 5%per annum
8. The Note grants Plaintiff reasonable collection and attorneys'fees which Plaintiffhas
calculated to be $750.00.
9. Plaintiff has fulfilled,performed and complied with all obligations and conditions of
the Loan.
10. 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$4,248.33,
plus attorney fees of$750.00, interest and other reasonable collection costs and charges.
COUNT III
IN QUANTUM MER UIT
11. Plaintiff hereby incorporates by reference the averments contained in Paragraphs 1
through 10 of this Complaint.
12. Having requested Plaintiff to loan money,and doing so to the benefit of Defendant,
Defendant became liable to Plaintiff for said money.
13. 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$4,248.33,
plus interest and other reasonable collection costs and charges.
MARTSON LAW OFFICES
By_Com+-
Christopher E. Rice, Esquire
I.D. Number 90916
Ten East High Street
Carlisle, PA 17013-3093
(717) 243-3341
Date: `Q/xfll'�e 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.
EXHIBTT "A"
ABE AND CORA HURWITZ STUDENT LOAN
DICKINSON COLLEGE
CARLISLE, PENNSYLVANIA
17013-2896
Date: August 2, 2000
I, Sheree Baker, 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.
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
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-& TDate'1131
Social Security Number
College Loan Officer Date
2
EXHIBIT "B"
' r
ABE AND CORA HURWITZ STUDENT LOAN
DICKINSON COLLEGE
CARLISLE, PENNSYLVANIA
17013-2896
Date: July 16, 2001
I, Sheree Baker, 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.
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
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] D i nw t
er
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__
Social Security Number_
College Loan Officer Date
Revised 07/16/01
2
a �
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 Heckendo , Bursar
Dated:
FAFILES\Clients\7619 Dickinson College\7619.Collections\7619C.Current\7619C.437 Baker\7619C.437.complaint.wpd
FILED -OFFICE
F:\FILES\Clients\7619 Dickinson College \7619.Collections\7619C.Current\7619C.437 Baker\7619C.437.pra.reinstate.s+pd1 P' `()THONG' TA R,l
Christopher E. Rice, Esquire
Attorney I.D. No. 90916
MARTSON LAW OFFICES
Ten East High Street
Carlisle, PA 17013
(717) 243-3341
Attorneys for Plaintiff
2W 14 DEC -3 0111: 19
CUMBERLAND COUNTY
PENNSYLVANIA
DICKINSON COLLEGE,
Plaintiff
v.
SHEREE BAKER,
Defendant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 2014 - 6309
: CIVIL ACTION - LAW
PRAECIPE
To the Prothonotary:
Please reinstate the Complaint in the above -referenced matter.
MARTSON LAW OFFICES
Date: _ /ol/ jh
By: (rZ
—
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.
Ronny R Anderson
Sheriff
Jody S Smith
Chief Deputy
Richard W Stewart
Solicitor
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
_ r
of C:t$s% i ;' i' , i 1'i iI e
OFF ICE OF Tk:F $11UOFF
ralii DEC 19 P 1
CUMBERLAND CCU i 'i
PENNSYLVANIA
Dickinson College
vs.
Sheree Baker
Case Number
2014-6309
SHERIFF'S RETURN OF SERVICE
10/31/2014 Sheriff Ronny R Anderson, being duly sworn according to law, states he made diligent search and inquiry
for the within named Defendant to wit: Sheree Baker, but was unable to locate the Defendant in the
Sheriffs bailiwick. The Sheriff therefore deputizes the Sheriff of Northumberland, Pennsylvania to serve
the within Complaint & Notice according to law.
11/25/2014 11:20 AM - The requested Complaint & Notice returned by the Sheriff of Northumberland County, the
within named Defendant Sheree Baker, not found. Robert J. Wolfe, Sheriff, Return of Service attached to
and made part of the within record.
12/04/2014 Sheriff Ronny R Anderson, being duly sworn according to law, states he made diligent search and inquiry
for the within named Defendant to wit: Sheree Baker, but was unable to locate the Defendant in the
Sheriffs bailiwick. The Sheriff therefore deputizes the Sheriff of Columbia, Pennsylvania to serve the
within Complaint & Notice according to law.
12/08/2014 02:45 PM - The requested Complaint & Notice served by the Sheriff of Columbia County upon William
Baker, Father, who accepted for Sheree Baker, at 818 Bear Gap Road, Elysburg, PA 17824. Timothy T.
Chamberlain, Sheriff, Return of Service attached to and made part of the within record.
SHERIFF COST: $56.49 SO ANSWERS,
December 11, 2014 RONNS' R ANDERSON, SHERIFF
(c) CountySute Sheriff, Teieosoit, Inc.
Timothy T. Chamberlain
Sheriff
SHERIFF'S OFFICE OF COLUMBIA COUNTY
Earl D. Mordan, Jr.
Chief Deputy
DICKINSON COLLEGE
vs. Case Number
SHEREE BAKER 2014-6309
SHERIFF'S RETURN OF SERVICE
12/08/2014 02:45 PM - DEPUTY KEVIN DENT, BEING DULY SWORN ACCORDING TO LAW, SERVED THE
REQUESTED COMPLAINT IN CIVIL ACTION (CICA) BY HANDING A TRUE COPY TO A PERSON
REPRESENTING THEMSELVES TO BE WILLIAM BAKER HER FATHER, WHO ACCEPTED AS
"ADULT PERSON IN CHARGE" FOR SHEREE BAKER AT 818 BEAR GAP RODrELYSRG, PA
17824.
December 09, 2014
KEVIN DENT, DEPUTY
SO ANSWERS,
TIMOTHY T. CHAMBERLAIN, SHERIFF
COMMONWEALTH OF
Notarial Seal
Sarah Jane Ktingaman, Notary Public
Tom �non Ex. reSColumbia
4, County0 6
VPIUA
Affirmedand subscribed to before me this
9TH day of DECEMBER
NOTARY
2014
Plaintiff Attorney: CUMBERLAND COUNTY SHERIFF, ONE COURTHOUSE Si ARE, CARLISLE, PA 17103
(c) CounlySu to Sheriff: Teleosoft, Inc.
SHERIFF'S OFFICE OF NORTHUMBERLAND COUNTY
Robert J. Wolfe
Sheriff
Randy Coe
Chief Deputy
DICKINSON COLLEGE
vs.
SHEREE BAKER
Case Number
14 CV 6309
SHERIFF'S RETURN OF SERVICE
11/20/2014 11:20 AM - DEPUTY CURTIS COOKE, ADDRESS FOR SHEREE BAKER OF 818 BEAR GAP ROAD,
ELYSBURG, PA 17824 IS LOCATED IN COLUMBIA COUNTY.
SHERIFF COST: $35.30
November 20, 2014
tcj Coun+vSuie Sherft. Tvieosott. Inc.
SO ANSWERS,
/44—
ROBERT
J. OLFE, SHERIFF