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HomeMy WebLinkAbout12-3185I PII.1 S . 'rents ;??.-? D'A",on College,7619. Collections`,7619C CLerrenYU63 AlvarezOC 19C W, com plidrg Christopher E. Rice, Esquire I.D. No. 90916 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER ilrs ;? I 4: '; 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. 2012 - 5 CIVIL TERM CELSO ALVARF,Z, Defendant NOTICF 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 ? OU 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 MAYBE 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 P,4 ?S d aw Ck-? as?ro ?I?Eo`Z7 SSo c? F I'll.l 5 i"ienu Dickinson Colle,,c7(,19 CollectionsV7619CCurrentA363 Aloar-z,7n19C 163.com pl Christopher E. Rice. Esquire I.D. No. 90916 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff DICKINSON COLLEGE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. CELSO ALVAREZ, Defendant NO. 2012 - COMPLAINT CIVIL "I'ERM 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, Celso Alvarez, is an adult individual with a last known address of 11249 S. Budlong Avenue, Apt. 3, Los Angeles, CA 90044. 3. On or about April 4, 2006, Defendant entered into a Promissory Note ("Note") with Plaintiff for the financing of $1,000.00, plus interest and costs, for educational services and benefits at Plaintiff s institution. A copy of 'the redacted Note is attached hereto as Exhibit "A_" 4. The Note is a fund created under Part E of Title IV of the Higher Education Act of 1965 as amended (hereinafter the "Act") and is subject to the Act and the Federal Regulations issued under the Act. 5. As provided in the Act, Plaintiff acts in a fiduciary capacity in the handling, disbursing and collecting of funds associated with the programs under the Act. 6. The principal for the Note was $1,000.00. 7. The Note grants Plaintiff reasonable collection and attorneys' fees which Plaintiff has calculated to be $300.00. 8. As of August 4, 2011, the principal and interest due and payable by Defendant to Plaintiff was $1,144.76, with interest accruing at 5% per annum. 9. Plaintiff has fulfilled, performed and complied with all obligations and conditions of the Note. COUNTI BREACH OF CONTRACT 10. Plaintiff hereby incorporates by reference the averments contained in Paragraphs 1 through 9 of this Complaint. 11. Defendant breached the expressed and implied obligations, conditions and terms of agreement of the Note by failing to pay the amounts financed therein. WHEREFORE, Plaintiff demands j udgment against Defendant in the amount of $1,144.76, plus interest accruing at 5% per annum thereafter, collection and attorneys' fees in the amount of $300.00 and costs of suit. COUNT II IN QUANTUM MER UIT 12. Plaintiff hereby incorporates by reference the averments contained in Paragraphs 1 through 11 of this Complaint. i 3. Having requested Plaintiff to loan money, and doing so to the benefit of Defendant, Defendant became liable to Plaintiff for said money. 14. 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 $1,144.76, plus interest accruing at 5% per annum thereafter, collection and attorneys' fees in the amount of $300.00 and costs of suit. MARTSON LAW OFFICES B > (_. Christopher E. Rice, Esquire I.D. Number 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" FEDERAL PERKINS LOAN MASTER PROMISSORY NOTE CMB No. 1845.0074 Form Approved Expiration Date 06/30/2006 1. Alvarez. Celso 1 2. Social Security Number i - - 11249 S. Budlong ave Apt 3 3.Date of Birth Los Angeles California 90044 ?4.Home Telephone Number 5. Driver's License Number. 6. School Name & Address (street, city, state, zip code) 7. Annual Interest Rate Dickinson College i% PO Box 1773 Carlisle PA 17013-2896 (Any bracketed clause or paragraph maybe included at option of institution] Terms and Conditions: (Note: Additional Terms and Conditions follow on subsequent pages) APPLICABLE LAW - The terms of this Federal Perkins Loan Master Promissory Note (hereinafter called the Note) and any disbursements made under this Note shall be interpreted in accordance with Part E of Title IV of the Higher Education Act of 1965, as amended (hereinafter-called the-Act),iwwell as-Federal-regulations issued under the Act. All sums advanced under this Note are subject to the Act and Federal regulations issued under the Act. REPAYMENT - I am obligated to repay the principal and the interest that accrues on my loan(s) to the above-named institution (hereinafter called the School) over a period beginning 9 months (or sooner if I am a Less-Than-Half-Time Borrower) after the date I cease to be at least a half-time student at an institution of higher education or a comparable School outside the United States approved by the United States Department of Education (hereinafter called the Department) and ending 10 years later, unless I request in writing that my repayment period begin sooner. I understand that the School will report the amount of my installment payments, along with the amount of this loan to at least one national credit bureau. Interest. on this loan shall accrue from the beginning of the repayment period. My repayment period may be shorter than 10 years if l am required by my School to make minimum monthly payments. My repayment period maybe extended during periods of deferment, hardship, or forbearance and I may make graduated installments in accordance with a schedule approved by the Deparment. I will make my installment payments in equal monthly, bimonthly, or quarterly installments as determined by the School. The School may round my installment payment to the next highest multiple of $5. [I will make a minimum monthly repayment of S40 (or $30 if I have outstanding Federal Perkins Loans made before October 1, 1992 that included the $30 minimum payment option or outstanding National Direct Student Loans) in accordance with the Minimum Monthly Payment Section of the Terms and Conditions contained on the reverse side of this document] LATE CHARGES - The School may impose late charges if 1 do not make a scheduled payment when due or if I fail to submit to the School on or before the due date of the payment, a properly documented request for any of the forbearance, deferment, or cancellation benefits as described below. No late charges may exceed 20 percent of my monthly, bimonthly, or quarterly payment. The School may add the late charges to principal the day after the scheduled payment was due or include it with the next scheduled payment after I have received notice of the charge, and such notice is sent before the next installment is due. FORBEARANCE, DEFERMENT, OR CANCELLATION •. I may apply for a forbearance, deferment, or cancellation on my loan. During an approved forbearance period, payments of principal and interest, or principal only, may be postponed or reduced. Interest continues to accrue while my loan is in forbearance- During an approved deferment period, I am not required to make scheduled installment payments on my loan. I amnot liable for any interest that might otherwise accrue while my loan is in deferment. If I meet the eligibility requirements for a cancellation of my loan, the institution may cancel up to 100 percent of the outstanding principal loan amount. Information on eligibility and application requirements for forbearances, deferments, and cancellations is provided on pages 2 and 3 of this Note. I am responsible for subrnitting the appropriate requests on time, and I may lose my benefits if l fail to file my request on time. DEFAULT - The School may, at its option, declare my loan to be in default if (1) I fail to make a scheduled payment when due; (2) I fail to submit to the School, on or before the due date of a scheduled payment, documentation that I qualify for a forbearance, deferment, or cancellation; or (3) I fail to comply with the terms and conditions of this Note or written repayment agreement. The School may assign a defaulted loan to the Department for collection. I will be ineligible for any further federal student financial assistance authorized under the Act until I make arrangements that are satisfactory to the School or the Department to repay my loan. The School or the Department shall disclose to credit bureau organizations that I have defaulted and all other relevant loan information. I will lose my right to defer payments and my right to forbearance if I default on my loan. The School or the Department may accelerate my defaulted loan. Acceleration means that the School or the Department demands immediate payment of the entire unpaid balance of the loan, including principal, interest, late charges, and collection costs. I will lose my right to receive cancellation benefits for service that is performed after the date the School or the Department accelerated the loan. CHANGE OF STATUS - I will inform the School of any change in my name, address, telephone number, Social Security Number, or drivers license number. PROMISE TO PAY: I promise to pay the School, or a subsequent holder of the Note, all sums disbursed under the terms of this Note, plus interest and other fees which may become due as provided in this Note. I understand that multiple loans may be made to me under this Note. I understand that by accepting any disbursements issued at any time under this Note, I agree to repay the loans. I understand that each loan is separately enforceable based on a true and exact copy of this Note. I understand that I may cancel or reduce the amount of any loan by not accepting or by returning all or a portion of any disbursement that is issued. If I do not make any payment on any loan under this Note when it is due, I promise to pay all reasonable collection costs, including attorney fees, court costs, and other fees. I will not sign this Note before reading the entire Note, even if I am told that I am not required to read it I am entitled to an exact copy of this Note. This loan has been made tome without security or endorsement. My signature certifies I have read, understand, and agree to the terms and conditions of this Note. I LTIDEI;STAND THAT 1 MAY RECEIVE ONE OR MORE LOANS UNDER THIS MASTER PROMISSORY NOTE AND THAT I MUST REPAY SUCH LOANS. 2a ? BorrSi?nature Date Page 1 of 4 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 ofthis 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: Dated: FAFILES Clients \ 7619 Dickinson Coll ege176 I nollecti ons 7619C,Current \7619C.363 Alvarez\ 7619C.363.preseinstatempd/drg Christopher E. Rice, Esquire I.D. No. 90916 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff DICKINSON COLLEGE, Plaintiff V. CELSO ALVAREZ, Defendant To the Prothonotary: Date: : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENN$YLV.ANIA -3: , : NO. 2012 - 3185 CIVIL TERI co —4 C. PRAECIPE Please reinstate reinstate the Complaint in the above-referenced matter. r- < CD cn MARTSON LAW OFFICES A By: Christopher E. Rice, Esquire I.D. Number 90916 Ten East High Street Carlisle, PA 17013-3093 (717) 243-3341 Attorneys for Plaintiff This a debt collecting firm attempting to collect a debt for Dickinson College. Any information obtained will be used for that purpose. 7 3 xqd \\mdwo04 \sys\FILES \Clients \7619 Dickinson College\ 7619. Collections \7619C.Current \7619C.363 Alvarez\ 7619C.363,aff.service.2.wpd /drg Christopher E. Rice, Esquire I.D. No. 90916 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES Ten East High Street Carlisle, PA 17013 (717) 243 -3341 Attorneys for Plaintiff 1H _ i'RO H iN_iu� 2014 APR 10 PM 2: 57 CUMBERLAND COUNT PENNSYLVANIA DICKINSON COLLEGE, Plaintiff v. CELSO ALVAREZ, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2012 - 3185 AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA ) : SS. COUNTY OF CUMBERLAND ) CIVIL TERM I hereby certify that a copy of the Complaint in the above captioned matter was personally served upon Celso Alvarez at 11249 South Budlong Avenue, Apt. 3, Los Angeles, CA 90044. Attached is the Return of Service form signed by Deputy Sherif Aaron Alvarez showing a cost of service of $35.00. Sworn to and subscribed before me this bat) day April, 2014 MARTSON LAW OFFICES By !' L- Christopher E. Rice, Esquire Attorney I.D. No. 90916 Ten East High Street Carlisle, PA 17013 (717) 243 -3341 _COMMONWEALTH OF PENNSYLVANIA Notarial Seal Miery It Price, Notary Public &fly MM. Cumberland County ��.111�kiifl @k)Ilrei Au9.18, 2015 �'alirw This is a debt collecting firm attempting to collect a debt for Dickinson College. Any information obtained will be used for that purpose. Attorney or Party without Attorney: MARTSON LAW OFFICES Case No: 20123185 10 EAST HIGH STREET Doc. No: 3711404020078 CARLISLE, PA 17013 COUNTY OF LOS ANGELES SHERIFF'S DEPARTMENT STATE OF CALIFORNIA Court: COMMON PLE County: CUMBERLAND State: PENNSYLVANIA DICKINSON COLLEGE VS ALVAREZ, CELSO AFFIDAVIT OF SERVICE I certify that AARON ALVAREZ being first duly sworn, deposes and says: That he is a regularly appointed, qualified deputy Sheriff of the said County of Los Angeles, in the State of California, and over the age of twenty-one years, not a party to the action or related to either party, nor an attorney for a party, nor in any way interested in the within named action, and authorized to serve civil process NOTICE On 04/04/14 at 11:20 AM and that he served the same on the defendant and /or respondent named below, on the date indicated, by delivering to and leaving with said defendant and /or respondent in the County of Los Angeles, State of California, personally, a true and correct copy thereof, with all notices and endorsements thereon, in the manner and the place and time shown below: 1. Name: ALVAREZ, CELSO A. 2. Person served and title: ALVAREZ, CELSO A. 3. Person with whom left and title or relationship to person served: 4. Date and time of delivery 11:20 AM 04/04/14 5. Mailing date, type of mail and place of mailing 6. Address, city and state: 11249 S. BUDLONG AVE., APT 3 LOS ANGELES, CA 90044 ( X- ) Home ( ) Business Attorney or Party without Attorney: MARTSON LAW OFFICES Case No: 20123185 10 EAST HIGH STREET Doc. No: 3711404020078 CARLISLE, PA 17013 COUNTY OF LOS ANGELES SHERIFF'S DEPARTMENT STATE OF CALIFORNIA Court: COMMON PLE County: CUMBERLAND State: PENNSYLVANIA DICKINSON COLLEGE VS ALVAREZ, CELSO Additional Documents: NOTICE COMPLAINT EXHIBIT A - COPY OF FEDERAL PERKINS LOAN MASTER PROMISSORY NOTE VERIFICATION 7..Manner of Service: ( X ) (Personal Service) by personally delivering true copies to the person, firm or corporation served. ( ) With endorsement of name, place of service and official title on copy served. ( ) With required notice written or printed on the face of the process served. ( X ) Affiant showed the original process to the defendant at the time of such service. ( X ) (Identification) was made as to the identify of the person so served was as follows: ( ) Photograph of the defendant attached to the process and furnished by the plaintiff herein and made a part of this affidavit. ( X ) Sex: M Race: HISPANIC Hair: BACLK Age: 26 Weight: 140 Height: 5 Ft. 5 Ins. Drivers Lic: D4877323 Other: DOB: 02/13/1987 ( X ) (Military Service) That at the time of service of process, defendant stated he /she is not in the m .;ry service. 8. FEE FOR SERVICE:$ 35.00 NOTARY: Deputy AARON ALVAREZ SHERIFF'S OFFICE 1 REGENT ST., ROOM 122 INGLEWOOD, CA 90301 (310)419 -5625 State of California County of Los Angeles COUNTY CLERK: L:$ 35.00 OTT, SHERIFF Deputy Sheriff On before me, (Name & Title of Officer) personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his /her /their authorized capacity(ies), and that by his /her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (Seal) CERTIFICATE OF SERVICE I, Mary M. Price, an authorized agent for Martson Deardorff Williams Otto Gilroy & Faller, hereby certify that a copy of the foregoing Affidavit of Service was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Mr. Celso A. Alvarez 11249 S. Budlong avenue, Apt. 3S Los Angeles, CA 90044 MARTSON LAW OFFICES By Ma JPrice Ten East High Street Carlisle, PA 17013 (717) 243-3341 This is a debt collecting firm for Dickinson College. Any information obtained will be used for that purpose.