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HomeMy WebLinkAbout12-3183T f HI_f , Clients-0 0 Dickinson Colle_e,7619 Collections'7619CCunent'404 Manrique.7619C 404 com ? F' _-? Christopher E. Rice, Esquire T "{ I.D. No. 90916 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER , ; - MARTSON LAW OFFICES "hen 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. 12- 3/?3 CIVIL TERM PEDRO P. MANRIQUE, MARTHA C. MANRIQUE, and JOANNE MANRIQUE, 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 iVia3. asp 11 /' y,"!l Christopher E. Rice, Esquire I.D. No. 90916 MARTSON DEARDORFF WILLIAMS MARTSON LAW OFFICES Ten East I ligh Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff OTTO GILROY & FALLER DICKINSON COLLEGE, IN THE COURT OF COMMON PLFAS OF Plaintiff CUMBERLAND COUNTY. PENNSYLVANIA V. NO. 12- CIVIL TERM PEDRO P. MANRIQUE, MARTHA C. MANRIQUE, and JOANNE MANRIQUE, Defendants COMPLAINT AND NOW, comes Plaintiff Dickinson College by and through its attorneys, MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER, and hereby avers as follows: 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 Pedro P. M_anrique is an adult individual 12349 NW 77`" Mnr B, Parkland, Florida 33076. 3. Defendant Martha C. Manrique is an adult individual with a last known address of 12349 NW 77" Mnr B, Parkland, Florida 33076. 4. Defendant Joanne Ma.nrique, is an adult individual with a last know address of 8608 Rayburn Road, Bethesda, Maryland 20817. 5. On or about October 29, 1997, Defendants Pedro P. Manrique and Martha C. Manrique entered into an Educational Goods and Services Retail Installment Contract ("'Contract") with Plaintiff. A copy of this Contract is attached hereto as Exhibit `'A." 6. The Contract provided for the financing of $5,500.00, plus interest and costs by Defendants on behalf of their daughter, Joanne Manrique. T As of February 13, 2012, the principal and interest due and payable by Defendants was $2,358.16, with interest accruing thereafter. 8. The Contract grants Plaintiff reasonable attorney's fees which Plaintiffhas calculated to be $500.00 as of this date. 9. Defendant Joanne Manrique is a co-signor and guarantor of the Contracts. 10. As a co-signor and guarantor of the Contracts, Defendant Joanne Manrique is obligated and liable for any outstanding amount due and payable under the Contract. COUNTI BREACH OF CONTRACT 11. Plaintiff hereby incorporates by reference the averments contained in paragraphs 1 through 10 of this Complaint. 12. Plaintiff has fulfilled, performed and complied with all obligations and conditions of the Contracts. 13. Defendants breached the expressed and implied obligations, conditions and terms of the Contracts by failing to pay the amounts financed therein. WHEREFORE, Plaintiff demands judgment against the Defendants, jointly and severally, in the amount of $2,358.16, plus interest on each of the Contracts as set forth therein, attorney fees in the amount of $500.00 and costs accruing thereafter. COUNT II IN UANTUM MERUIT 14. Plaintiff hereby incorporates by reference the averments contained in paragraphs 1 through l 3 of this Complaint. 15. Defendants are liable to the Plaintiff and/or have been unjustly enriched in the amounts as set forth in the Contracts. WIEREFORE, Plaintiff demands judgment against the Defendants, jointly and severally, in the amount of $2,358.16, plus interest on each of the Contracts as set forth therein, attorney fees in the amount of $500.00 and costs accruing thereafter. MARTSON LAW OFFICES By: Christopher E. Rice, Esquire I.D. No. 90916 Ten East High Street Carlisle, PA 17013-3093 (717) 243-3341 Attorneys for Plaintiff Date: This a debt collecting firm attempting to collect a debt for Dickinson College. Any information obtained will be used for that purpose. EXHIBIT "A" NOV 2 -11 i997 DICKINSON COLLEGE FLEXIBLE FINANCING SYSTEM - PLAN B EDUCATIONAL GOODS AND SERVICES RETAIL INSTALLMENT CONTRACT Date: October 29, 1997 I Seller: Dickinson College, Carlisle, Pennsylvania 17013-2896 Buyer(s): Pedro P. & Martha C. Manrique 52-25 70`h Street Maspeth, NY 11378 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 Joanne E. Manrique (hereinafter ;as "Student") during his/her enrollment 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 $21,790.00 9.50° 0 $2,871.02 $5,500.00 $8,371.02 $27,290.00 Buyer's payment schedule will be as follows: Number of Payments Amount of Payments When Payments are Due 114 $73.43 Monthly commencing 11/28/97 until 05/28/07. *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 Journal 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 $5,500.00 at 9.50% per annum for 114 months, and the prime rate plus 1% were increased to 10.50%, your regular monthly payments would increase to $76.44. Further, the ANNUAL PERCENTAGE RATE will not increase to more than 181ro 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 13ELOW FOR ANY ADDITIONAL INFORMATION ABOUT NON- PAYMENT, DEFAULT AND REQUIRED REPAYMENT BEFORE THE SCHEDULED DATE FOR REPAYMENT OF THE AMOUNT FINANCED. III. ITEMIZATION OF AMOUNT FINANCED 1. Cash price of Goods and Services: $ 27,290.00 2. Total down payment: 21,790.00 3. Unpaid balance of cash price (1 - 2): 5,500.00 4. Amount paid to others on Buyer's behalf: -0- 5. ,\jnourrt Financed (3 + 4): $5,500.00 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 Eduserv Technologies, Inc. at the following address: I ? Eduserv Technologies, Inc. P.O. Box 64974 - St. Paul, MN 55164-0974 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, (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 cf 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. Seller's exercise of one cr more rights shall not cause Seller to lose any other rights. 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 ?. If any part of this Contract is held to be illegal, void or unenforceable, that provision shall be deemed rot 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 tae extent supp'.emented, 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 mater 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 par:ies hereto, rheir heirs, successors, assigns and legal representatives. 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 BUYER(S): I AGREE TO REPAY ALL AMOUNTS'DIJE ON THIS LOAN IF TFIE BORROWER(S)/BUYER(S) FAILS TO DO SO IN ACCORDANCE WITH THE TERMS OF THE NOTE: STUDENT COSIGNER aze-cdiLf/fYI?C'?C TRANSCRIPT OF A STUDENT'S RE RD WILL NOT BE RELEASED IF LOAN PAYMENTS TO THE COLLEGE ARE IN ARREARS OR DEFAULT. DATE: DICKINSON COLLEGE R o ?c 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:<L"l t Ct ,??? Sally Heck A dorn Bursar Dated: s '?,. FARLES\Clients\7619 Dickinson College\7619.Collections\7619C.Current\7619C.404 Manrique\7619C.404.pra Christopher E. Rice, Esquire I.D. No. 90916 MARTSON DEARDORFF WILLIAMS MARTSON LAW OFFICES Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff '= -" THE ?OTHt?, OTTO GILROY & FALLER 2012 JUL 18 A CUMBERLAND C PENNSYLVA Ct 0 TA R `,' 10.51 UNTY NIA DICKINSON COLLEGE, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANI A V. NO. 12 - 3183 CIVIL TERM PEDRO P. MANRIQUE, MARTHA C. MANRIQUE, and JOANNE MANRIQUE, Defendants PRAECIPE To the Prothonotary: Please reinstate the Complaint in the above-referenced matter. MARTSON LAW OFFICES <2 '-'o S /t--- By: Christopher E. Rice, Esquire I.D. No. 90916 Ten East High Street Carlisle, PA 17013-3093 (717) 243-3341 Date: 71el /02/ 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. 4//.7sp A? t #Arss Z_ Ri* a?78V2 I F.\FILHS\Clients\7619 Dickinson College\7619.Collections\7619C. Current\7619C.404 Manrique\7619C.404. prat Christopher E. Rice, Esquire I.D. No. 90916 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES Ten East High Street Carlisle,iPA 17013 (717) 243-3341 Attorn0s for Plaintiff DICKI SON COLLEGE, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. PEDRO P. MANRIQUE, MARTI4A C. MANRIQUE, and JOANNE MANRIQUE, Defendants To the Prothonotary: NO. 12 - 3183 CIVIL TERM PRAECIPE <> - c- rv .s Please mark the above-referenced action settled and discontinued. = r '°" MARTSON LAW OFFICES " By: a/, Date:' d_j Christopher E. Rice, Esquire I.D. No. 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.