PHILADELPHIA – In a new state court lawsuit, a Pennsylvania-based equipment leasing company has alleged that a New York contractor has defaulted on a financial agreement the parties entered into back in late 2016.
Beneficial Equipment Finance Corp. of Chester Springs filed suit in the Philadelphia County Court of Common Pleas on Feb. 27 versus guarantor Kevin Manilenko (doing business as “Manilenko Contracting”) of Glenmont, N.Y.
On or about Dec. 30, 2016, Manilenko entered into an equipment finance agreement in the amounts of $61,128 with Beneficial Equipment Finance Corp.
According to the terms of the agreement, the defendant received a lease in the amount of $61,128 and agreed to make 60 monthly payments of $1,225 until the entire lease balance was repaid.
The litigation alleges the defendant made monthly payments until Sept. 25, 2017, but has failed to make any further payments thereafter, thus being in default of the agreement – despite repeated demands on the part of the plaintiff to reconcile it, and collect an unpaid principal balance of $66,089.12.
Besides the balance, the agreement stated the defendant was liable for any attorney’s fees accrued in the event of default, which in this case, are $13,217.82. In total, the defendant allegedly owes $79,306.94.
For counts of breach of contract and unjust enrichment, the plaintiff is seeking damages of $79,306.94, plus any additional interest, costs and attorney’s fees that may accrue, and such other and further relief as the Court may deem equitable and just.
The plaintiff is represented by Robert L. Saldutti of Saldutti Law Group, in Philadelphia.
Philadelphia County Court of Common Pleas case 180202690
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nickpennrecord@gmail.com