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Home My WebLink About12-7258 F:\FILES\Clients'9619 Dickinson College17619.Collec[ions\7619C.Curren[\76190.409 Torrent\7619C.409.com :~ nil ~ ~~~ r l.~»' ~ ~ " Christopher E. Rice, Esquire ~ ~ V .~^' :~ ~ ~ "f j r'~= Attorney LD. No. 90916 _-3:A ~ r~ ~: MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER ,c~~ =`'~> MARTSON LAW OFFICES , .~'~..+ .._ `~ :~-~,; =~ ...dam ^±'+. _`'-,- Ten East High Street -~ } ~= ~:`;? `~~~~'~ r Carlisle, PA 17013 "` r~ (717) 243-3341 ~, ~~~ Attorneys for Plaintiff DICKINSON COLLEGE, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVAN IA v. No. / ~ - 7~-~ c ~~. `l f~ `~ CIVIL ACTION-LAW CHRISTINA TORRENT, 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 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 s /o ~. ~ sp ~-~~ S ~~ a~y3/ 6Z~ ~sr,~ ~9~" F:\FILES\Clients~7619 Dickinson College\7619,Collections\7619C.Current\7619C.409 Torrent\7619C,409.com Christopher E. Rice, Esquire Attorney 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. CHRISTINA TORRENT, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 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 1.773, Carlisle, Cumberland County, Pennsylvania 17013. 2. Defendant, Christina Torrent, is an adult individual with a last known address of 100 South Filbert Street, Apt.F2, Mechanicsburg, Cumberland County, Pennsylvania 17055. 3. On or about October 11, 2007, Defendant entered into a Promissory Note (Note) with Plaintiff for the financing of $3,400.00, plus interest and costs, for educational services and benefits at Plaintiff's institution. A copy of the 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 $3,400.00. 7. The Note grants Plaintiff reasonable collection and attorneys' fees which Plaintiffhas calculated to be $500.00. 8. As of June 19, 2012, the principal and interest due and payable by Defendant to Plaintiff was $3,678.99, with interest accruing at 5% per annum. 9. Plaintiff has fulfilled, performed and complied with all obligations and conditions of the Note. COUNT I 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 amount financed therein. WHEREFORE, Plaintiff demands judgment against Defendant in the amount of $3,678.99, plus interest accruing at 5% per annum thereafter, collection and attorneys' fees in the amount of $500.00 and costs of suit. COUNT II IN QUANTUM MERUIT 12. Plaintiff hereby incorporates by reference the averments contained in Paragraphs 1 through 11 of this Complaint. 13. 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 $3,678.99, plus interest accruing at 5% per annum thereafter, collection and attorneys' fees in the amount of $500.00 and costs of suit. MARTSON LAW OFFICES By Date: ///30/~~/ ~~ ~~ Christopher E. Rice, Esquire I.D. Number 90916 Ten East High Street Carlisle, PA 17013-3093 (717) 243-3341 Attorneys for Plaintiff This is a debt collecting firm attempting to collect a debt for Dickinson College. Any information obtained will be used for that purpose. EXHIBIT "A" FEDERAL PERKINS LOAN MASTER PROMISSORY NOTE OMB No. 1845-0074 Form AoDroved Expiation Dste 06130/3009 1. Name (last, first, middle initial) and t t i d 2. Social Security Number ree , c ress (s Permanent Ad ty, state, zip code) -(•~trvt? ~'1 ~- ~' ~ ~ s ~~ ~ ~ ~ , 3. Date of Birth (mrr>/dd/yyyy) ~ ~CJO 5 • ~', ~bt? v i- S}-. Pz 4. Home Area Code/Telephone Number ~, f j1~; ~S ~ 1'P/Q l ~p 5$ 5. Driver's ~ ease Number (List state abbreviation first) 6. School Name & Address (street, city, state, zip code) ~C.fGi~15a~I ~~~~ P. G, tSo~[ lTT3 7. Annual Interest Rate 5% [Any bracketed clause or paragraph may be included at option of institution] Terns and Conditions: (Note: Additional Terms and Conditions follow on subsequent pages) APPLICABLE LAW -Tae terms of this Federal Perkins Loan Master Promissory Note (hereinafter called the Note) and any disbursements made unda• this Note shall be interpreted in accordance with Part E of Title N of the Higher Education Act of 1965, as amended (hereinatter called the Act), as well as Federal regulations issued under the Act. All sums advanced under this Note ere subject to the Act and Federal regulations issued under the Act. REPAYMENT - [ am obligated to repay the principal and the interest that actives on my loan(s) to the above-named institution (hereinafter called the School) over a period beginning 9 months (or sooner if I am aLess-Then-Half-'lime Borrower) aRer the date I cease to be at ]east ahalf--time student at an institution of higher education or a comparable School outside the United States approved by the United States Departnmertt of Education (hereinatZer 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 I 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 inatallmenta in accordance with a schedule approved by rho Depamnart. l 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 S5. [I will make a minimum monthly repayment of $40 (or 530 if I have outstanding Federal Perkins Loans made before October 1,1992 that included the 530 minimum paynment option or outstanding National Direct Student Loans) in accordance with the Minimum Monthly Payment Section of the Tetras and Conditions contained on the reverse side of this document.] LATE CHARGES -The School may impose late charges if I do not make a scheduled payment whin due or if I fail to submit to the School on or before the due date of the payment, a prroperly documented request for any of the forbeatarrce, deferment, or cancellation benefits as described below. No late charges may exceed 20 percent of my monthly, bimonthly, or quarterly payment Time 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 ie sent before the next installment is due. FORBEARANCE, DEFERMENT, OR CANCELLATION - I may apply far a forbearance, deferment, or cancellation on my loan. During an approved forbearance period, payments of principal and interest, or principal only, may be postponed orreduced. 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 am not liable for any interest that might otherwise attars 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 submitting the appropriate requests on time, and I may lose my benefits if 1 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 scleduled paymamt, documentation that I qualify for a forbearance, deferment, or cancellation; or (3) I fail to comply with the termer and conditions of this Note a• written repayment agreement The School may assign a defaulted loan to the Departrent for collection. 1 will be ineligible for any further federal student financial assistance authorized under the Act until I make arrangements tlmat are satisfactory to the School or the Department to repay my loan. Tlme School or the Department shall disclose to credit bureau organizations tlmat I have defaulted and all other relevant la+n information. 1 will lose nmy right to defer payments and my right to forbearance if ! default on my loan. The School or the Department may accelerate my defaulted loan. Acceleration means that the Sclmool or the Department demands inmmediate payment of the entire unpaid balance of the loan, including principal, interest, late clmarges, and collection costs. I will lose my right to receive cancellation benefits for service that is performed after the date tlmt Sclmool or tlme Department accelerated the loan, CHANGE OFSTATUS - I will inform the School of any change in my name, address, telephone number, Social Security Number, or driver's 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 tlmat 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. t understand that I may cancel or reduce time amount of any loan by not accepting or by returning all or a portion of any disbursement that is issued. [f I do not make any payment on any loan under this Note when it is due, 1 promise to pay all reasonable collection costs, including attorney fees, court costs, and odner Cees. I will not sign this Note before leading the entire Note, even if I am told tlmat I anm not required to read it. l am entitled to en exact copy of this Note. This loan Imes been made to me witlnotrt security or endorsement. My signature cerifies I have read, understand, and agree to the terms and conditions of this Note. I UNDERSTAND THAT I MAY~RJECEIV~E ONE OR MORE LOANS UNDER THIS MASTER PROMISSORY NOTE AND THAT I MUST REPAY SUCH LOANS. ~~~/ ,[,,._ C~~~:/fi~" (U /lI ~6> Bonowei•'s Signature - Dat~- - Page l 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 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 Sally Hecke orn Bursar Dated: // ~~/~ J/ F:\FILES\Clients17619 Dickinson College\7619.Collec[ions\76I9C.Current\7619C.409 Torten[\7619C.409.com SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson f r- PL�D-OF F Sheriff s "H Jody S Smith 2013 MAR 26 Chief Deputy ,y M 9� Richard W Stewart CU Solicitor �sr�lc r �i PENNSYLVANIA D CIJ Dickinson College Case Number vs. Christina Torrent 2012"7258 SHERIFF'S RETURN OF SERVICE 02126/2013 Sheriff Ronny R Anderson, being duly sworn according to law,states he made diligent search and inquiry for the within named Defendant to wit: Christina Torrent, but was unable to locate the Defendant in the Sheriffs bailiwick.The Sheriff therefore deputizes the Sheriff of Franklin, Pennsylvania to serve the within Complaint&Notice according to law. 03/11/2013 10:39 AM-The requested Complaint&Notice served by the Sheriff of Franklin County upon Christina Torrent,personally, at 1845 Scotland Avenue,Apt. 1-A, Chambersburg, PA. Dane Anthony, Sheriff, Return of Service attached to and made part of the within record. SHERIFF COST:$37.92 SO ANSWERS, March 19, 2013 RbNtW R ANDERSON, SHERIFF cct Caunty$uite Sheriff,Teleosoft Inc. CASE NO: 2013-00056 T SHERIFF' S RETURN - REGULAR COMMONWEALTH OF PENNSYLVANIA: /ol_/7a5`8 COUNTY OF FRANKLIN DICKINSON COLLEGE VS CHRISTINA TORRENT ANGEL L LAVIENA Deputy Sheriff of FRANKLIN County, Pennsylvania, who being duly sworn according to law, says, the within COMP CIVIL ACTION was served upon TORRENT CHRISTINA the DEFENDANT at 1039 : 00 Hour, on the 11th day of March 2013 at 1645 SCOTLAND AVENUE APT 1-A CHAMBERSBURG, PA 17201 by handing to CHRISTINA TORRENT a true and attested copy of COMP CIVIL ACTION together with and at the same time directing Her attention to the contents thereof . Sheriff ' s Costs : So Answers: Docketing . 00 Service . 00 ANGEL V Affidavit 00 Surcharge . 00 By . 00 Depu y Sheriff . 00 03/14/2013 CHRISTOPHER E RICE ESQ Sworn and Subscribed to before me this day of /$ A.D. COMM + I PENNSYL ANIA RICHARD D. .� , teary Public MY C��oro., Franklin County .29, 2015 FAFILES\Clients\7619 Dickinson College\7619.Collections\7619C.Cuuent\7619C.409 Torrent\7619C.409.pra.default:wpd Christopher E. Rice, Esquire _ Attorney I.D. No. 90916 (,F THE PRO THOINO `t,"ti; i MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER2 13 MAY 16 PM 2: 1 4 MARTSON LAW OFFICES Ten East High Street CUMBERLAND PENNSYLVANIA I I 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 - 7258 CIVIL ACTION-LAW CHRISTINA TORRENT, Defendant PRAECIPE TO THE PROTHONOTARY: Please enter default judgment in the above-captioned action in favor of Plaintiff and against Defendant Christina Torrent in the amount of$3,678.99,plus interest accruing at the rate of 5%per annum, collection and attorney's fees in the amount of$500.00, and costs of suit, for failure to file an Answer to Plaintiffs Complaint. I do hereby certify that written notice of intention to file this Praecipe was mailed to Christina Torrent on April 1,2013,which date is subsequent to the date default occurred and at least ten(10) days prior to the date of this Praecipe. MARTSON LAW OFFICES By: 64A S- Christopher E. Rice, Esquire I.D. Number 90916 + Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: (v— /3 Attorneys for Plaintiff 5o Pb A` T-q o#AcOgq i e# dgolp a7 �o�ic� Nfa�lEC� F:\F1LES\C1ient0619 Dickinson College\7619.Collections\7619C,Current\7619C.409 Torrent\7619C.409.10daynotice.wpd Christopher E. Rice, Esquire Attorney 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, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 12- 7258 CIVIL ACTION-LAW CHRISTINA TORRENT, Defendant IMPORTANT NOTICE TO: Christina Torrent DATE OF NOTICE: April 1,2013 1645 Scotland Ave.,Apt., 1-A Chambersburg,PA 17201 YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. 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 REDUCED FEE OR NO FEE. Cumberland County Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 Telephone:(717) 249-3166 MARTSON LAW OFFICES By: 4 SS /-C Christopher E. Rice, Esquire THIS IS A DEBT COLLECTING FIRM ATTEMPTING TO COLLECT A DEBT FOR DICKINSON COLLEGE. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. } Christopher E. Rice, Esquire Attorney 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, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 12 - 7258 CIVIL ACTION-LAW CHRISTINA TORRENT, Defendant AFFIDAVIT AS TO MILITARY SERVICE COMMONWEALTH OF PENNSYLVANIA ) :SS. COUNTY OF CUMBERLAND ) Christopher E. Rice, Esquire,being duly sworn according to law, deposes and says that he has authority to make this affidavit on behalf of his client, and to the best of his knowledge, information and belief, Defendant Christina Torrent, above named is not in the military service of the United States of America, that he has knowledge that the said Defendant's last known address is: 1645 Scotland Avenue, Apt. 1-A, Chambersburg, PA 17201, Said Defendant's place of employment is unknown. Christopher E. Rice, Esquire Sworn to and subscribed before me this 14A At day of May, 2013. V(1,44,4) A. G?� Nolareublic COMMONWEALTH OF PENNSYLVANIA Notarial Seal Mary M.Price,Notary Public carllsie Boro,cumberland County commission Expires Aug.18,2015 MEMNK ATI9N 9F NOTARIES FAFILES\C1ients\7619 Dickinson College\7619.Coll ections\7619C.Current\7619C.409 Torrent\7619C.409.pra.default.wpd Christopher E. Rice, Esquire Attorney 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, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 12 - 7258 CIVIL ACTION-LAW CHRISTINA TORRENT, Defendant COMMONWEALTH OF PENNSYLVANIA ) : SS COUNTY OF CUMBERLAND ) Christopher E. Rice, Esquire, being duly sworn according to law, deposes and says that he is an employee of MARTSON DEARDORFF WILLIAMS.OTTO GILROY&FALLER,attorneys for the Plaintiff in the above captioned matter and that pursuant to the provisions of the Pennsylvania Rules of Civil Procedure,a notice of intention to enter default judgment against Defendant Christina Torrent, was given to her by mail on April 1, 2013. Christopher E. Rice, Esquire Sworn to and subscribed before me this J�k day of May, 2013. No ry ublic COMMONWEALTH OF PENNSYLVANIA Notarial Seal Mary M.Price,Notary Public Carlisle Boro,Cumberiand County My commission Expires Aug.18,2015 MEMBER,PENNSYLVANIA ASSOCIATION OF NOTARIES CERTIFICATE OF SERVICE I, Mary M. Price, an authorized agent of MARTSON DEARDORFF WILLIAMS OTTO GILROY&FALLER,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: Christina Torrent 1645 Scotland Avenue, Apt., 1-A Chambersburg, PA 17201 MARTSON LAW OFFICES B Y VJ,44,y) aO,' Ma . Price 10 Ea igh Street Carlisle, PA 17013 Dated: 6,114&113 This is a debt collecting firm for Dickinson College attempting to collect a debt. Any information obtained will be used for that purpose. Christopher E. Rice, Esquire Attorney 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, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 12 - 7258 CIVIL ACTION-LAW CHRISTINA TORRENT, Defendant TO: CHRISTINA TORRENT NOTICE OF ENTRY OF DEFAULT JUDGMENT You are hereby notified that on the !(p4 day of May,2013,the following Judgment was entered against you in the above-captioned action:judgment in the amount of$3,678.99,plus interest accruing at the rate of 5% per annum, collection and attorney's fees in the amount of$500.00, and costs of suit, for failure to file an Answer to Plai iff s pl Date: Prothonotary I hereby certify that the name and address of the proper person to receive this notice under Pa. R. Civ. P. 236 is: Christina Torrent 1645 Scotland Avenue,Apt., 1-A Chambersburg,PA 17201