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HomeMy WebLinkAbout03-3371DICKINSON COLLEGE, Plaintiff $OSEF PETRICKO & MARIA PETRICKO,: h/w, & TOMAS PETRICKO : Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTiON-LAW : JURY TRIAL OF TWELVE DEMANDED 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 OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FiND OUT WHERE YOU CAN GET LEGAL HELP: Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 Date: ~S & OTTO Ten E~t C~lisle, PA 17013 (717) 243-3341 A~omeys for Plmfiff DICKINSON COLLEGE, Plaintiff JOSEF PETRICKO & MARIA PETRICKO, h/w, & TOMAS PETRICKO Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. ?/ -T'zo - CWIL ACTION-LAW JURY TRIAL OF TWELVE DEMANDED COMPLAINT AND NOW, comes Plaintiff Dickinson College by and through its attorneys, MARTSON DEARDORFF WILLIAMS & OTTO, and hereby avers as follows: 1. Plaintiff Dickinson College is a Pennsylvania educational institution and nonprofit corporation with its principle place of business at West Street, Post Office Box 1773, Carlisle, Cumberland County, Pennsylvania 17013. 2. Defendants, Mafia Petricko and Josef Petriko, (hereinafter "Parents"), are adult individuals residing as husband and wife with a last known address of P.O. Box 522, Manchester, Bennington County, Vermont 05254-0522. 3. Defendant, Tomas Petricko, (hereinafter "Student"), is an adult individual with a last known address of P.O. Box 522, Manchester, Bennington, County, Vermont 05254-0522. 4. On or about September 16, 1998, Parents and Student entered into a Promissory Note (Note #1) with Plaintiff. A copy of Note #1 is attached hereto as Exhibit "A." 5. Note # 1 provided for the financing ors 10,000.00, plus interest and costs by Parents and Student for educational services and benefits to Student at PlaintiWs institution. 6. The total collective principal balance for Note #1 is $10,000.00. 7. Note #1 grants Plaintiff reasonable collection and attorneys' fees which Plalntiffhas calculated to be $1,500.00. 8. As of May 28, 2003, the principal and interest due and payable by Parents and Student to Plaintiffwas $8,682.88, plus interest accruing thereafter in the amount of $1.39 per day. 9. Parents and Student stopped making monthly payments on Note #1 on or about November 18, 2002. 10. The outstanding balance of $8,848.29 represents the total and actual overdue value of the financing provided to Parents and Student under Note #1 for which they have yet to pay. 11. Plaintiff hereby incorporates by reference the averments contained in Paragraphs 1 through 10 oft/tis Complaint. 12. Plainfiffhas fulfilled, performed and complied with all obligations and conditions of Note 13. Parents and Student breached the expressed and implied obligations, conditions and terms &agreement of Note #1 by failing to pay the mounts financed therein. WHEREFORE, Plaintiffdernands judgment against Defendants, Maria Pelricko, JosefPetricko and Tomas Petricko, in the amount of $8,848.29, plus interest in the amount of $1.39 per day from May 28, 2003, collection and attorneys' fees in the amount of $1,500.00 and costs of suit. COUNT II IN QUANTUM MER UIT Dickinson College v. Tomas Petricko 14. Plaintiff hereby incorporates by reference the averments contained in Paragraphs 1 through 13 of this Complaint. 15. Having requested Plaintiffto loan money, and doing so to the benefit of Student, Student became liable to Plaintiff for said money. 16. Student has been unjustly enriched by accepting said money without paying Plaintiff reasonable compensation therefor. 17. The total amount by which Student has become enriched is $8,848.29, plus interest in the amount of $1.39 per day fi.om May 28, 2003. WHEREFORE, Plaintiff demands judgment against Defendant, Tomas Petricko, in the amount of $8,848.29, plus interest in the amount of $1.39 per day from May 28, 2003, collection and attorneys' fees in the amount of $1,500.00 and costs of suit. LIAMS & OTTO Carlisle, PA 17013-3093 (717) 243-3341 Date: 7//{Q/~.~ Attomeys for Plaintiff COUNT I BREACH OF CONTRACT Dickinson College v. Josef Petricko, Maria Petricko, & Tomas Petricko DICKINSON COLLEGE FLEXIBLE FINANCING SYSTEM - PLAN B EDUCATIONAL GOODS AND SERVICES RETAIL INSTALLMENT CONTRACT September 16, 1998 I. Seller: Dickinson College, Carlisle, Pennsylvania 17013-2896 Buyer(s): Maria & Jozet Petricko PO Box 522 Manchester, VT 05254 If there is more than one Buyer, each of you will be obligated, jointly and severally, for all sums due and for t 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 t expenses incurred for goods and services to be provided and rendered, as the case may be, to Tomas Petricko (heminafi "Student") during his/her enrollment at Dickinson College during the 1999 academic year, including tuition, room m 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 PERCENTAGE RATE:* Cost of credit as yearly rate FINANCE CHARGE: Dollar amount credit will cost buyer AMOLrNT FINANCED: Amount of credit provided by Dickinson College TOTAL OF PAYMENTS: Amount paid by Buyer as total of all scheduled payments TOTAL SALE PRICE: Total cost of purchase on credit, including down payment of 9.50 % $ 7,230.72 $10,000.00 $17,230.72 $18,630.00 $ 28,630.00 Rev 2/92 EXHIBIT "A" Buyer's payment schedule will be as follows: Petri~ Number of Payments Amount of Payments When Payments are Due 152 $113.36 Monthly commencing 09/28/98 until 05/28/11 *Variable Rate: The ANNUAL PERCENTAGE RATE disclosed above is a variable rate and may change, l ANNUAL PERCENTAGE RATE may increase during the term of this transaction if the prime r~ of interest announced in the Wall Street Journal as of the close of business on June 30 of ea calendar year increases, and will be increased to the prime rate plus 1%. The ANNUi PERCENTAGE RATE will not increase more than once a year, and the new interest rate ~ become effective on July 1 following the increase, if any, in the prime rate of interest. Any incre~ will be in the form of higher payment amounts. If your cost of the Goods and Services sc hereunder were $10,000.00 at 9.50% per annum for 152 months and the prime rate plus 1% we increased to 10.50%, your regular monthly payments would increase to $119.21. Further, t ANNUAL PERCENTAGE RATE will not increase to more than 18% or such other rate as may permitted under the Pennsylvania Goods and Services Installment Sales Act. Late Charge: Ifa payment is more than 15 days late, a sum equivalent to 5% of the late payment (bnt no me 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 d~ through the date of early payment, in full or in art, without penalty. SEE SECTION VI OF THE CONTRACT BELOW FOR. ANY ADDITIONAL INFORMATION ABOUT NO~ PAYMENT, DEFAULT AND REQUIRED REPAYMENT BEFORE THE SCHEDULED DATE FOR REPAYMEN OF THE AMOUNT FINANCED. III. ITEMIZATION OF AMOUNT FINANCED 1. Cash price of Goods and Services: $ 28,630.C 2. Total down payment: 18,630.C 3. Unpaid balance of cash price (1 - 2): 10,000.0 4. Amount paid to others on Buyer's behalf: - 0 5. Amount Financed (3 + 4): $ I0,000.0 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 SAL] OF THE GOODS AND SERVICES COVERED BY THIS CONTRACT UNLESS BUYER HAS BEEN GIVEN A SEPARATE WRITTE] WARRANTY. VI. ADDITIONAL PROVISIONS 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 Eduserv Technologies, Inc. at the following address: EFG P.O. Box lg10 Winston Salem NC 27102-1810 Buyer's legal fights include the ri~ht 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 (w/th Seller's consent) to reinstate the Contract if Buyer timely cures any default. Buyer shall be deemed to have committed an "Event of Default" of the Contract upon the occurrence of any oft he following: (a) (b) (c) (d) (e) failure to make any payment on or before the date it is due, failure m make a payment on any other Contract outstanding with Seller, failure to perform any other provision of the Contract, providing Seller with false information or signatures, death, incompetence, or conviction of any Buyer of crime involving fraud or dishonesty, insolvency or bankruptcy of any Buyer. Upon or aft:er 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, Setler'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. Waiver by Seller of any Event of Default shall not be binding upon Seller if Seller should thereaRer choose to exercise that or any other right or a similar Event of Defanlt occurs later. All Seller's rights and remedies shall be cumulative. Seller's exercise of one or more rights shall not cause Seller to lose any other rights. 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 7. If any part of this Con~ract is held .e illegal, void or unenforceable, that provisioi ail be deemed not to have been a part of this Contract, which shall otherwise remain, fully effective. 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. CONSENT TO JURISDICTION. VENUEAND 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. I0. This Contract shall be binding upon the parties hereto, their heirs, successors, assigns and legal representatives. 1 I. TIME IS OF THE ESSENCE OF THIS CONTRACT. NOTICE: ANY HOLDER OF THIS CONSUMER CREDIT CONTRACT IS SUBJECT TO ALL CLAIMS AND DEFENSES WI[ICH THE DEBTOR COULD ASSERT AGAINST THE SELLER OF GOODS OR SERVICES OBTAINED PURSUANT HERETO OR WITH THE PROCEEDS HEREOF. R. ECOVERY 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) LrNDERTHE 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 TEIL,MS. [ AGUE TO ~PAY ALL AMO~TS DUE ON ~IS LOAN IF ~E BO~O~R(S)~UYER(S) FAILS TO DO SO ~ ACCO~ANCE WITH THE TE~S OF ~ NO~: TRANSCRIPT OF A STUDENT'S RECORD WILL NOT BE RELEASED IF LOAN PAYMENTS TO TI-IE COLLEGE ARE IN ARREARS OR DEFAULT. DATE: DICKINSON COLLEGE VERIFICATION I, THOMAS MEYER, Assistant Treasurer 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 tree 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 unswom falsification to authorities, which provides that ifI knowingly make false averments, I may be subject to criminal penalties. Dickinson College Assistant Treasurer of Dickinson College Dated: DICKINSON COLLEGE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, pENNSYLVANIA : NO. 03-3371 v. : CIVIL ACTION-LAW : JOSEF PETRICKO & MARIA PETRICKO,: h/w, & TOMAS pETRICKO, i JURY TRIAL OF TWELVE DEMANDED Defendants pRAECIPE TO DocuMENT SERVICE AND COST OF SERVICE pURSUANT TO TIlE PENNSYLVANIA LONG~d~I STATUTE I hereby certify that a copy of the Complaint was mailed to Josef Petricko, Maria Petricko July 16, 2003, by certified mail, restricted delivery, return receipt requested. and Tomas Petricko on and a copy of the Attached is the Post Office return receipt signed and dated July 23, 2003, receipt showing the cost of service for each Defendant was $8.38. M TSON & OTTO I.D. No. 87326 Ten East High Street Carlisle, PA 17013-3093 (717) 243-3341 Attorneys for Plaintiff Date: July 31, 2003 · Corn ete Rems 1, 2, and 3..Also ~omptete~ t~ [] Agent a A~ch this c~ to the back o~ its Yes ~ on the front if space ~ · 2. Article Number 7003 1010 0001 ld02 7568 PS Form 3811, AuguSt 2001 Domestic Return Receipt [3 Agent · Comoiete terns 1,2, and 3. Also complete item ~ if Restricted De ivery is desired. Date of · print your name and address on the reveme C. e can return the card to you. . so that w ,.~u of the mailp~ece, · Attach this card to the ~,-~ ' ~, AuguSt 2001 ....... · Complete items 1, 2, and 3. Nso complete [] ~ent item 4 if Restricted Delivery is desired. [] Addr~eee · Print your name and address on the reverse Date of Delivery so that we can return the card to you. · Attach this card to the beck of the mailpiece, yes o~ on the front it spece pem~its. ~ _.~'-D. isdeli~¥addreesdiflemntf~omiteml? ' ~ ~ ? ~ ~ .?_~_~ ....... Certified Fee Return Reciept Fee CERTIFICATE OF SERVICE I, Christina N. Yost, an authorized agent for Martson Deardorff Williams & Otto, 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: Ms. Maria Petricko P.O. Box 892032 Temecula, CA 92589 Mr. Josef Petricko P.O. Box 892032 Temecula, CA 92589 Mr. Tomas Petricko P.O. Box 892032 Temecula, CA 92589 MARTSON DEARDORFF WILLIAMS & OTTO Christina N. Yost Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: July 31, 2003 DICKINSON COLLEGE, : IN THE COU~[T OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 03-3371 : CIVIL ACTION-LAW : JOSEF PETRICKO & MARIA PETRICKO,: h/w, & TOMAS PETRICKO : Defendants : JURY TRIAL OF TWELVE DEMANDED STIPULATION AND AGREEMENT FOR ENTRY OF JUDGMENT AND NOW, comes Plaintiff, DICKINSON COLLEGE, by and through its attorneys, MARTSON DEARDORFF WILLIAMS & OTTO, and Defendants JOSEF PETRICKO & MARIA PETRICKO, h/w, & TOMAS PETRICKO who stipulate and agree as follows: 1. Pa. R.C.P. 1037 (c) provides that in all cases, t~he Court, on motion of a party, may enter an appropriate judgment against a party upon admission. 2. Defendants agree and admit that Judgment should be entered against them in favor of Plaintiff in the amount of $8,848.29 plus interest at $1.39 per day from May 28, 2003, in the amount of $94.52, attorneys' fees in the amount of $1,500.00 for a total $10,442.81 plus interest hereafter in the amount of $1.39 per day and costs of suit. 3. The parties agree that the Court, upon motiou of Plaintiff, may enter Judgment pursuant to this Stipulation without issuance of a Rule to Show Cause, and without further proceedings or notice. P.O. Box 892032 Temecula, CA 92589 Ten East Hi~ Street Carlisle, PA 17013-3093 (717) 243-3341 Defendant Date: Go/\~)-~O 9~ Attorney for Plaintiff Date: Maria Petricko P.O. Box 892032 Temecula, CA 92589 Defendant Date: ~ '/~'/ ~ P.O.tBox 892032 Temeeula, CA 92589 Defendant ,f . Date: ~?///"~/~""~ DICKINSON COLLEGE, Plaintiff V. ~ JOSEF PETRICKO & MARIA PETRICKO,: h/w, & TOMAS PETRICKO, : Defendants : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-3371 CIVIL ACTION-LAW JURY TRIAL OF TWELVE DEMANDED ORDER OF COURT AND NOW, this~,~day of ~ ,~, , 2003, upon consideration of the attached Stipulation, judgment is hereby entered in favor of Plaintiff, Dickinson College, against Defendants, Joseph Petricko, Maria Petricko and Tomas Petricko, in the amount of $8,848.29 plus interest at $1.39 per day from May 28, 2003, in the amount of $94.52, attorneys' fees in the amount of $1,500.00 for a total of $10,442.81 plus interest hereafter in the amount of $1.39 per day and costs of suit. Prothonotary is directed to enter and index this judgment accordingly. for Plaintiff.' David R. Galloway, Esquire Ten East High Street Carlisle, PA 17013 Defendants: Mr. Josef Petficko P.O. Box 892032 Temecula, CA 92589 Ms. Maria Petficko P.O. Box 892032 Temecula, CA 92589 Mr. Tomas Petricko P.O. Box 892032 Temecula, CA 92589 DICKINSON COLLEGE, Plaintiff JOSEF PETRICKO & MARIA PETRICKO,. h/w, & TOMAS PETRICKO : Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-3371 CIVIL ACTION-LAW : JURY TRIAL OF TWELVE DEMANDED STIPULATION AND AGREEMENT FOR ENTRY OF JUDGMENT AND NOW, comes Plaintiff, DICKINSON COLLEGE, by and through its attorneys, MARTSON DEARDORFF WILLIAMS & OTTO, and Defendants JOSEF PETRICKO & MARIA PETRICKO, h/w, & TOMAS PETRICKO who stipulate and agree as follows: 1. Pa. R.C.P. 1037 (c) provides that in all cases, the Court, on motion of a party, may enter an appropriate judgment against a party upon admission. 2. Defendants agree and admit that Judgment should be entered against them in favor of Plaintiff in the amount of $8,848.29 plus interest at $1.39 per day fi.om May 28, 2003, in the amount of $94.52, attorneys' fees in the amount of $1,500.00 for a total $10,442.81 plus interest hereafter in the amount of $1.39 per day and costs of suit. 3. The parties agree that the Court, upon motion of Plaintiff, may enter Judgment pursuant to this Stipulation without issuance of a Rule to Show Cause, and without further proceedings or notice. By Josef Petricko P.O. Box 892032 Temecula, CA 92589 Martson Deardorff Wi Ten East High Street uire [~s & C tto Carlisle, PA 17013-3093 (717) 243-3341 Defendant Attorney for Plaintiff Date: ~/~qA Maria Petricko P.O. Box 892032 Temecula, CA 92589 Defendant Date: . / By~ P.O.tBox 892032 Temecula, CA 92589 Defendant ,/ Date: ¢/~/~ F/FILES/DATAFILE/DiekinsonColiege 7619/DicklnsonCollegcCo ec on 76 9C/Documen 80 C~eated 2/13/03 820:39 AM , Revised 12/8/03 1:[446 pM 7619C 80 DICKINSON COLLEGE, Plaintiff JOSEF PETRICKO and MARIA PETRICKO, h/w, and TOMAS PETRICKO: Defendants : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-3371 CIVIL ACTION-LAW JURY TRIAL OF TWELVE DEMANDED PRAECIPE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please mark the judgment in the above-captioned case satisfied and issue a certificate reflecting the same. Date: December 8, 2003 ) j~LIAMS & OTTO x.~. x'4umber 87321 Ten East High Street Carlisle, PA 17013-3093 (717) 243-3341 Attorneys for Plaintiff CERTIFICATE OF SERVICE I, Marti lben,an authorized agent for Martson DeardorffWilliams & Otto, 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: Dennis F. Fabozzi, Esquire 41530 Enterprise Circle South Suite 2-5 Temecula, CA 92590 Attorney for Defendants MARTSON DEARDORFF WILLIAMS & OTTO Marti ~ Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: December 8, 2003