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STATE OF SOUTH CAROLINA IN THE COURT OF COMMON PLEAS
ELECTRONICALLY FILED - 2023 Sep 25 1:15 PM - YORK - COMMON PLEAS - CASE#2023CP4603013
COUNTY OF YORK FOR THE SIXTEENTH JUDICIAL
CIRCUIT
Student Loan Solutions, LLC, Docket No:
Plaintiff,
V. SUMMONS
Lucinda Lore and
Keith E. Lore,
Defendants
TO THE DEFENDANT ABOVE-NAMED:
Lucinda Lore
YOU ARE SUMMONED and required to answer the allegation of the attached
complaint and present any appropriate counterclaims/crossclaims to the attached Complaint
within thirty (30) days from the first day after receipt of this summons. Your answer must be
received by the York Common Pleas Court located at:
York County Courthouse
Common Pleas Court
2 South Congress Street
York, SC 29745
(803) 684-8507
AND your answer must be served upon the subscriber, at the address below, within thirty
(30) days after service hereof, exclusive of the day of such service.
Chaplin & Gonet
338 South Sharon Amity Rd., #266
Charlotte NC 28211
If you fail to answer within the prescribed time, a judgment by default may be rendered
against you for the amount or other remedy requested in the attached complaint, plus interest
and costs. If you desire a jury trial, you must request one in writing at least five (5) working
days prior to the date set for trial. If no jury trial is timely requested, the matter will be heard
and decided by the Judge.
MECKLENBURG COUNTY, North Carolina
s/Malik Dixon
Attorney for Plaintiff
Date: _______________
Address:
Chaplin & Gonet
338 South Sharon Amity Rd., #266
Charlotte, NC 28211
STATE OF SOUTH CAROLINA IN THE COURT OF COMMON PLEAS
ELECTRONICALLY FILED - 2023 Sep 25 1:15 PM - YORK - COMMON PLEAS - CASE#2023CP4603013
COUNTY OF YORK FOR THE SIXTEENTH JUDICIAL
CIRCUIT
Student Loan Solutions, LLC,
Docket No:
Plaintiff,
V. SUMMONS
Lucinda Lore and
Keith E. Lore,
Defendants.
TO THE DEFENDANT ABOVE-NAMED:
Keith E. Lore
YOU ARE SUMMONED and required to answer the allegation of the attached
complaint and present any appropriate counterclaims/crossclaims to the attached Complaint
within thirty (30) days from the first day after receipt of this summons. Your answer must be
received by the York Common Pleas Court located at:
York County Courthouse
Common Pleas Court
2 South Congress Street
York, SC 29745
(803) 684-8507
AND your answer must be served upon the subscriber, at the address below, within thirty
(30) days after service hereof, exclusive of the day of such service.
Chaplin & Gonet
338 South Sharon Amity Rd., #266
Charlotte NC 28211
If you fail to answer within the prescribed time, a judgment by default may be rendered
against you for the amount or other remedy requested in the attached complaint, plus interest
and costs. If you desire a jury trial, you must request one in writing at least five (5) working
days prior to the date set for trial. If no jury trial is timely requested, the matter will be heard
and decided by the Judge.
MECKLENBURG COUNTY, North Carolina
s/Malik Dixon
Attorney for Plaintiff
Date: _______________
Address:
Chaplin & Gonet
338 South Sharon Amity Rd., #266
Charlotte, NC 28211
ELECTRONICALLY FILED - 2023 Sep 25 1:15 PM - YORK - COMMON PLEAS - CASE#2023CP4603013
STATE OF SOUTH CAROLINA IN THE COURT OF COMMON PLEAS
COUNTY OF YORK FOR THE SIXTEENTH JUDICIAL CIRCUIT
Student Loan Solutions, LLC,
Docket No:
Plaintiff,
V. COMPLAINT
Lucinda Lore and
Keith E. Lore,
Defendants.
NOW COMES the Plaintiff, above-named, complaining of the Defendants,
above-named, and does allege and show unto this Honorable Court, as follows:
PARTIES
1. The Plaintiff, Student Loan Solutions, LLC (hereinafter referred to as “Student
Loan Solutions”), at relevant times herein, is a registered limited liability company
existing under the laws of The State of South Carolina.
1. The Defendant, Lucinda Lore (hereinafter referred to as “Ms. Lore” also “the
Defendant”), is a resident of the County aforesaid.
2. The Defendant, Keith E. Lore (hereinafter referred to as “Mr. Lore” also “the
Defendant”), is a resident of the County aforesaid.
FACTS
3. Plaintiff incorporates each and every one of the above paragraphs herein by
reference.
4. On or about June 30, 2007, the Defendant, Ms. Lore, as a student Borrower,
entered into a Loan Request Credit Agreement (herein “the Agreement”) with Bank of
America, N.A. (herein “BofA”) for an undergraduate student loan.
5. On or about July 5, 2007, the Defendant, Mr. Lore, as a cosigner for Ms. Lore,
entered into a Loan Request Credit Agreement (herein “the Agreement”) with BofA and
agreed to guarantee the undergraduate student loan debt.
ELECTRONICALLY FILED - 2023 Sep 25 1:15 PM - YORK - COMMON PLEAS - CASE#2023CP4603013
6. Pursuant to the Agreement, the Defendants promised to pay $317.88 per month,
for two hundred forty (240) months, beginning September 1, 2007, with payments due on
the same day of each month, until the said balance of $34,000, plus interest and finance
charges is paid in full.
FOR A FIRST CAUSE OF ACTION
(Breach of Contract)
7. Plaintiff incorporates all of the above allegations herein by reference.
8. Pursuant to the Agreement, the Defendants agreed to, inter alia:
Cosigner: By my signature, I certify that I have read,
understand and agree to the terms of and undertake the
obligations set forth on all seven (7) pages of this Loan
Request Credit Agreement […] This Credit Agreement is
signed under seal.
NOTICE TO COSIGNER: You are being asked to guarantee
this debt. Think carefully before you do. If the borrower
doesn't pay the debt, you will have to. Be sure you can afford
to pay if you have to, and that you want to accept this
responsibility.
You may have to pay up to the full amount of the debt if the
borrower does not pay. You may also have to pay late fees or
collection costs, which increase this amount.
The holder of the loan can collect this debt from you without
first trying to collect from the borrower. The holder of the loan
can use the same collection methods against you that can be
used against the borrower, such as suing you […].
A. PROMISE TO PAY: I promise to pay to you the Loan
Amount Requested shown on the first page of this Credit
Agreement, to the extent it is advanced to me or paid on my
behalf, and any Loan Origination Fee added to my loan (see
Paragraph F) (together, the "Principal Sum"), interest on such
Principal Sum, interest on any unpaid interest added to the
Principal Sum and late fees (see Paragraph E.6).
ELECTRONICALLY FILED - 2023 Sep 25 1:15 PM - YORK - COMMON PLEAS - CASE#2023CP4603013
B(2). HOW I AGREE TO THE TERMS OF THIS LOAN.
By signing this Credit Agreement, and submitting it to the
Lender, I am requesting that you make this loan to me in an
amount equal to the Loan Amount Requested plus any Loan
Origination Fee described in Paragraph F of this Credit
Agreement. If you approve this request and agree to make this
loan, you will notify me in writing and provide me with a
Disclosure Statement, as required by law, at the time the loan
proceeds are disbursed. The Disclosure Statement is
incorporated herein by reference and made a part hereof […].
C. DEFINITIONS:
2. The 'Deferment Period" will begin on the Disbursement
Date and end on the Deferment End Date.
(a) Undergraduate Alternative Loan Program: [I]f I have
elected the "Full Deferral' repayment option […], then the
'Deferment End Date" will be 180 days after the date the
student Borrower first graduates or ceases to be enrolled at
least half-time in the School […]. In any event, if I have
elected the "Full Deferral" repayment option, the Deferment
End Date will be no more than 5 ½ years after the
Disbursement Date.
F. LOAN ORIGINATION FEE: If you charge me, I will
pay you a Loan Origination Fee at the time my loan is
disbursed.
I. WHOLE LOAN DUE: [I] will be in default and you have
the right to give me notice that the whole outstanding principal
balance, accrued interest, and all other amounts payable to you
under the terms of this Credit Agreement, are due and payable
at once […] if: (1) I fail to make any monthly payment to you
when due […].
See attached Loan Request Credit Agreement and Notice of Disclosure Agreement
ELECTRONICALLY FILED - 2023 Sep 25 1:15 PM - YORK - COMMON PLEAS - CASE#2023CP4603013
hereto as Exhibit A.
9. On or about October 31, 2017, Student Loan Solutions and Bank of America,
N.A. entered into a Loan Sale Agreement wherein BofA granted, sold, assigned,
transferred, and conveyed to Student Loan Solutions all right, title and interest in and to
Purchased Loans and Notes relating to such Purchased Loans […]. See Bill of Sale and
Blanket Endorsement of Student Loan Promissory Notes as Exhibit B.
10. The Defendants have breached the Agreement by failing to make monthly
payments.
11. As a result of the Defendants’ breach of the Agreement, the Plaintiff’s losses are
an amount to be determined at the trial of this matter, but in any case, believed to be an
amount totaling $12,526.08, plus post-judgment interest at the highest rate allowed by
law, costs, expenses and attorney’s fees. See attached Statement and Affidavit as Exhibit
C.
12. Pursuant to an agreement with their legal counsel, Plaintiff seeks attorney’s fees
equal to twenty (20%) percent of the outstanding balance totaling $2,505.21.
13. Plaintiff reserves its right to amend the Complaint to add other specific allegations
of breach identified during discovery or trial.
FOR A SECOND CAUSE OF ACTION
(Unjust Enrichment)
14. Plaintiff incorporates paragraphs, 1 through 7, of the above allegations herein by
reference.
15. In the alternative, in the absence of the finding of a contract, Student Loan
Solutions conferred financing valued at $12,526.08.
16. The benefit was not conferred officiously or gratuitously as the Plaintiff expected
the Defendants to repay the $12,526.08.
17. Lucinda Lore and Keith E. Lore, consciously accepted the benefit; however, the
Defendants have failed and/or refused to pay the Plaintiff; though a demand for
recompense has been made.
18. Further, the Plaintiff relied upon the Defendants’ material representation that they
would satisfy all invoices and/or statements within the payment terms outlined in the
Agreements.
ELECTRONICALLY FILED - 2023 Sep 25 1:15 PM - YORK - COMMON PLEAS - CASE#2023CP4603013
19. It would be unfair, under the alleged circumstances, for Ms. Lore and Mr. Lore to
retain the value of the financial service charges and fees resulting from enrollment
without Student Loan Solutions being repaid or compensated.
20. If Ms. Lore and Mr. Lore are allowed to retain the value of the financial services
paid by Student Loan Solutions, Ms. Lore and Mr. Lore will be unjustly enriched.
21. Plaintiff reserves its right to amend the Complaint to add other specific allegations
of breach identified during discovery or trial.
WHEREFORE, Plaintiff, Student Loan Solutions, LLC, respectfully prays the
Court for judgment jointly and severally against the Defendants, Lucinda Lore and Keith
E. Lore, as follows:
a. That Plaintiff, Student Loan Solutions, LLC, have and recover of the
Defendants an amount, to be determined at the trial of this matter, totaling
$12,526.08, which is a SUM CERTAIN or a sum which can by computation
be made certain, by documentation of damages under the Agreements and
such other compensable matters as may be proven at trial;
a. Plaintiff have and recover of Defendants, attorney’s fees equal to 20% of the
outstanding balance totaling the amount of $2,505.21;
b. Plaintiff recoveries bear post-judgment interest at the highest rate allowed by
law; and
c. Defendants bear the cost of this action and for such other and further relief as
the Court may deem just and proper.
This the 25th day of September 2023.
Student Loan Solutions, LLC
s/Malik Dixon
Malik Dixon, Esq.
SC State Bar No.: 101628
dixon@cpglaw.com
Tyler Humphrey, Esq.
SC State Bar No.: 104922
tyler.humphrey@cpglaw.com
Chaplin & Gonet
338 S. Sharon Amity Road, #266
Charlotte, NC 28211
704-728-0001 (O) | 866-336-9924 (F)
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STATE OF SOUTH CAROLINA IN THE COURT OF COMMON PLEAS ELECTRONICALLY FILED - 2023 Sep 25 1:15 PM - YORK - COMMON PLEAS - CASE#2023CP4603013 COUNTY OF YORK FOR THE SIXTEENTH JUDICIAL CIRCUIT Student Loan Solutions, LLC, Docket No: Plaintiff, V. SUMMONS Lucinda Lore and Keith E. Lore, Defendants TO THE DEFENDANT ABOVE-NAMED: Lucinda Lore YOU ARE SUMMONED and required to answer the allegation of the attached complaint and present any appropriate counterclaims/crossclaims to the attached Complaint within thirty (30) days from the first day after receipt of this summons. Your answer must be received by the York Common Pleas Court located at: York County Courthouse Common Pleas Court 2 South Congress Street York, SC 29745 (803) 684-8507 AND your answer must be served upon the subscriber, at the address below, within thirty (30) days after service hereof, exclusive of the day of such service. Chaplin & Gonet 338 South Sharon Amity Rd., #266 Charlotte NC 28211 If you fail to answer within the prescribed time, a judgment by default may be rendered against you for the amount or other remedy requested in the attached complaint, plus interest and costs. If you desire a jury trial, you must request one in writing at least five (5) working days prior to the date set for trial. If no jury trial is timely requested, the matter will be heard and decided by the Judge. MECKLENBURG COUNTY, North Carolina s/Malik Dixon Attorney for Plaintiff Date: _______________ Address: Chaplin & Gonet 338 South Sharon Amity Rd., #266 Charlotte, NC 28211 STATE OF SOUTH CAROLINA IN THE COURT OF COMMON PLEAS ELECTRONICALLY FILED - 2023 Sep 25 1:15 PM - YORK - COMMON PLEAS - CASE#2023CP4603013 COUNTY OF YORK FOR THE SIXTEENTH JUDICIAL CIRCUIT Student Loan Solutions, LLC, Docket No: Plaintiff, V. SUMMONS Lucinda Lore and Keith E. Lore, Defendants. TO THE DEFENDANT ABOVE-NAMED: Keith E. Lore YOU ARE SUMMONED and required to answer the allegation of the attached complaint and present any appropriate counterclaims/crossclaims to the attached Complaint within thirty (30) days from the first day after receipt of this summons. Your answer must be received by the York Common Pleas Court located at: York County Courthouse Common Pleas Court 2 South Congress Street York, SC 29745 (803) 684-8507 AND your answer must be served upon the subscriber, at the address below, within thirty (30) days after service hereof, exclusive of the day of such service. Chaplin & Gonet 338 South Sharon Amity Rd., #266 Charlotte NC 28211 If you fail to answer within the prescribed time, a judgment by default may be rendered against you for the amount or other remedy requested in the attached complaint, plus interest and costs. If you desire a jury trial, you must request one in writing at least five (5) working days prior to the date set for trial. If no jury trial is timely requested, the matter will be heard and decided by the Judge. MECKLENBURG COUNTY, North Carolina s/Malik Dixon Attorney for Plaintiff Date: _______________ Address: Chaplin & Gonet 338 South Sharon Amity Rd., #266 Charlotte, NC 28211 ELECTRONICALLY FILED - 2023 Sep 25 1:15 PM - YORK - COMMON PLEAS - CASE#2023CP4603013 STATE OF SOUTH CAROLINA IN THE COURT OF COMMON PLEAS COUNTY OF YORK FOR THE SIXTEENTH JUDICIAL CIRCUIT Student Loan Solutions, LLC, Docket No: Plaintiff, V. COMPLAINT Lucinda Lore and Keith E. Lore, Defendants. NOW COMES the Plaintiff, above-named, complaining of the Defendants, above-named, and does allege and show unto this Honorable Court, as follows: PARTIES 1. The Plaintiff, Student Loan Solutions, LLC (hereinafter referred to as “Student Loan Solutions”), at relevant times herein, is a registered limited liability company existing under the laws of The State of South Carolina. 1. The Defendant, Lucinda Lore (hereinafter referred to as “Ms. Lore” also “the Defendant”), is a resident of the County aforesaid. 2. The Defendant, Keith E. Lore (hereinafter referred to as “Mr. Lore” also “the Defendant”), is a resident of the County aforesaid. FACTS 3. Plaintiff incorporates each and every one of the above paragraphs herein by reference. 4. On or about June 30, 2007, the Defendant, Ms. Lore, as a student Borrower, entered into a Loan Request Credit Agreement (herein “the Agreement”) with Bank of America, N.A. (herein “BofA”) for an undergraduate student loan. 5. On or about July 5, 2007, the Defendant, Mr. Lore, as a cosigner for Ms. Lore, entered into a Loan Request Credit Agreement (herein “the Agreement”) with BofA and agreed to guarantee the undergraduate student loan debt. ELECTRONICALLY FILED - 2023 Sep 25 1:15 PM - YORK - COMMON PLEAS - CASE#2023CP4603013 6. Pursuant to the Agreement, the Defendants promised to pay $317.88 per month, for two hundred forty (240) months, beginning September 1, 2007, with payments due on the same day of each month, until the said balance of $34,000, plus interest and finance charges is paid in full. FOR A FIRST CAUSE OF ACTION (Breach of Contract) 7. Plaintiff incorporates all of the above allegations herein by reference. 8. Pursuant to the Agreement, the Defendants agreed to, inter alia: Cosigner: By my signature, I certify that I have read, understand and agree to the terms of and undertake the obligations set forth on all seven (7) pages of this Loan Request Credit Agreement […] This Credit Agreement is signed under seal. NOTICE TO COSIGNER: You are being asked to guarantee this debt. Think carefully before you do. If the borrower doesn't pay the debt, you will have to. Be sure you can afford to pay if you have to, and that you want to accept this responsibility. You may have to pay up to the full amount of the debt if the borrower does not pay. You may also have to pay late fees or collection costs, which increase this amount. The holder of the loan can collect this debt from you without first trying to collect from the borrower. The holder of the loan can use the same collection methods against you that can be used against the borrower, such as suing you […]. A. PROMISE TO PAY: I promise to pay to you the Loan Amount Requested shown on the first page of this Credit Agreement, to the extent it is advanced to me or paid on my behalf, and any Loan Origination Fee added to my loan (see Paragraph F) (together, the "Principal Sum"), interest on such Principal Sum, interest on any unpaid interest added to the Principal Sum and late fees (see Paragraph E.6). ELECTRONICALLY FILED - 2023 Sep 25 1:15 PM - YORK - COMMON PLEAS - CASE#2023CP4603013 B(2). HOW I AGREE TO THE TERMS OF THIS LOAN. By signing this Credit Agreement, and submitting it to the Lender, I am requesting that you make this loan to me in an amount equal to the Loan Amount Requested plus any Loan Origination Fee described in Paragraph F of this Credit Agreement. If you approve this request and agree to make this loan, you will notify me in writing and provide me with a Disclosure Statement, as required by law, at the time the loan proceeds are disbursed. The Disclosure Statement is incorporated herein by reference and made a part hereof […]. C. DEFINITIONS: 2. The 'Deferment Period" will begin on the Disbursement Date and end on the Deferment End Date. (a) Undergraduate Alternative Loan Program: [I]f I have elected the "Full Deferral' repayment option […], then the 'Deferment End Date" will be 180 days after the date the student Borrower first graduates or ceases to be enrolled at least half-time in the School […]. In any event, if I have elected the "Full Deferral" repayment option, the Deferment End Date will be no more than 5 ½ years after the Disbursement Date. F. LOAN ORIGINATION FEE: If you charge me, I will pay you a Loan Origination Fee at the time my loan is disbursed. I. WHOLE LOAN DUE: [I] will be in default and you have the right to give me notice that the whole outstanding principal balance, accrued interest, and all other amounts payable to you under the terms of this Credit Agreement, are due and payable at once […] if: (1) I fail to make any monthly payment to you when due […]. See attached Loan Request Credit Agreement and Notice of Disclosure Agreement ELECTRONICALLY FILED - 2023 Sep 25 1:15 PM - YORK - COMMON PLEAS - CASE#2023CP4603013 hereto as Exhibit A. 9. On or about October 31, 2017, Student Loan Solutions and Bank of America, N.A. entered into a Loan Sale Agreement wherein BofA granted, sold, assigned, transferred, and conveyed to Student Loan Solutions all right, title and interest in and to Purchased Loans and Notes relating to such Purchased Loans […]. See Bill of Sale and Blanket Endorsement of Student Loan Promissory Notes as Exhibit B. 10. The Defendants have breached the Agreement by failing to make monthly payments. 11. As a result of the Defendants’ breach of the Agreement, the Plaintiff’s losses are an amount to be determined at the trial of this matter, but in any case, believed to be an amount totaling $12,526.08, plus post-judgment interest at the highest rate allowed by law, costs, expenses and attorney’s fees. See attached Statement and Affidavit as Exhibit C. 12. Pursuant to an agreement with their legal counsel, Plaintiff seeks attorney’s fees equal to twenty (20%) percent of the outstanding balance totaling $2,505.21. 13. Plaintiff reserves its right to amend the Complaint to add other specific allegations of breach identified during discovery or trial. FOR A SECOND CAUSE OF ACTION (Unjust Enrichment) 14. Plaintiff incorporates paragraphs, 1 through 7, of the above allegations herein by reference. 15. In the alternative, in the absence of the finding of a contract, Student Loan Solutions conferred financing valued at $12,526.08. 16. The benefit was not conferred officiously or gratuitously as the Plaintiff expected the Defendants to repay the $12,526.08. 17. Lucinda Lore and Keith E. Lore, consciously accepted the benefit; however, the Defendants have failed and/or refused to pay the Plaintiff; though a demand for recompense has been made. 18. Further, the Plaintiff relied upon the Defendants’ material representation that they would satisfy all invoices and/or statements within the payment terms outlined in the Agreements. ELECTRONICALLY FILED - 2023 Sep 25 1:15 PM - YORK - COMMON PLEAS - CASE#2023CP4603013 19. It would be unfair, under the alleged circumstances, for Ms. Lore and Mr. Lore to retain the value of the financial service charges and fees resulting from enrollment without Student Loan Solutions being repaid or compensated. 20. If Ms. Lore and Mr. Lore are allowed to retain the value of the financial services paid by Student Loan Solutions, Ms. Lore and Mr. Lore will be unjustly enriched. 21. Plaintiff reserves its right to amend the Complaint to add other specific allegations of breach identified during discovery or trial. WHEREFORE, Plaintiff, Student Loan Solutions, LLC, respectfully prays the Court for judgment jointly and severally against the Defendants, Lucinda Lore and Keith E. Lore, as follows: a. That Plaintiff, Student Loan Solutions, LLC, have and recover of the Defendants an amount, to be determined at the trial of this matter, totaling $12,526.08, which is a SUM CERTAIN or a sum which can by computation be made certain, by documentation of damages under the Agreements and such other compensable matters as may be proven at trial; a. Plaintiff have and recover of Defendants, attorney’s fees equal to 20% of the outstanding balance totaling the amount of $2,505.21; b. Plaintiff recoveries bear post-judgment interest at the highest rate allowed by law; and c. Defendants bear the cost of this action and for such other and further relief as the Court may deem just and proper. This the 25th day of September 2023. Student Loan Solutions, LLC s/Malik Dixon Malik Dixon, Esq. SC State Bar No.: 101628 dixon@cpglaw.com Tyler Humphrey, Esq. SC State Bar No.: 104922 tyler.humphrey@cpglaw.com Chaplin & Gonet 338 S. Sharon Amity Road, #266 Charlotte, NC 28211 704-728-0001 (O) | 866-336-9924 (F)