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Home My WebLink About96-03668 " , " ,'t .,.~ 'F" <. I' I\J .,-,'.;,-, !' .-..'" \'1,::";?'1' u""" . "i'('..I":/I' ~' . ;'1J');:";,;1 "-, !~l'" I~ri__),',l 'I :J,liVi'l " i' " " ,,' '~ ' I 1',', ,C :" ,,' " , " " , ' ,,,, " " , I' "-, II " II' t'; .' , , :.! ojl 'I ", "I ,,' " ,I " I , .l', " , , " ,I , ' , \ , , " ' " r', 1 " ,\' , ','\i;, " I p, " " , 'i' , i',i " ,-I' I , ,-, , , JI " , , " ,,.I , , " " " " , " , " " " I. " ;,', , " , , , , " " " ,\1, ' , ,I , " , I 1" I II , , ,j I , " , " " Ii' , ' , " , , " ;J I " " " <;1 " " ", " 'I I " ,I, 1 " i'l ,I' I "'I' , " ii' I)-I F-i ';1 , 'I II ,..1 " I " " 'I', I " " II. , , ;'1 ", " >III I' :' " I' 01 ,1 , , 'I ;1 ", ,0..1 " ,I " , ,:1,1 " " ! " 1'0 'I" ,10 r , " " I , I, Ii , '. " ',1 I' " " " " " " , " , , ' ~J I.l- ~, ...... 'J f1} I " , " ~Y; II' '1 q " ~ ~ % iE In ..., :>0' '" ( " I~ II'l Ir; ~<) i:' "5 -,l..tf. -.....::r f'("") ~, ;;C ',)rl.;I ..,( . )~. ~ ,~. ,'. ,', 'l~' f' t:: [; N '~0 ~ Q , ~ ~! =5 'S"" '-9~ "~ rr, ., Wl '~ In d ... 0' 'i ~ ~ ~ " " " , , , 'I, I, 'II " ',' , " '1'1 I I" . . .. , DICKINSON COLLEGE, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW v. JOSEPH R. GREATHOUSE, LOUISE E. GREATHOUSE and POLLYANNA GREATHOUSE, Defendants NO. (j C. - .-; u. {/ ;r (i I , , I [q e NOTICE You have been sued in court. If you wish to defend aaainst the claims set forth in the followina oaaes. YOU must take action within twenty (20) days after this comolaint and notice are seryed. by enterina a written aDDearance oersonally or by attorney and filina in writina with the court your defenses or obiections to the claims set forth aaainst you, You are warned that if you fail to do so the case may Droceed without vou and a iudament may be entered aaainst you bv the court without further notice for any money claimed in the comDlaint or for anv other claim or relief reauested by the Dlaintiff. You mav lose money or DrODerty or other riahts imoortant 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. COURT ADMINISTRATOR Cumberland County Court House Fourth Floor Carlisle, PA 17013 (717) 240-6200 McNEES, WALLACE & NURICK 7 /-:7 .-_~'- I r// / <- c ael I.D. No, 36805 Robert Teplitz I.D. No, 75968 100 pine Street P. O. Box 1166 Harrisburg, PA 17108-1166 (717) 232-8000 By Attorneys for Plaintiff Dickinson College . " ;1IL',,'.j "I ;.1"1 1(,:1\' , ;i','" i !I.', I r( ~ . j .... ./1 \J:-'j :.W, " II DICKINSON COLLEGE, \ Plad.ntiff v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTy, PENNSYLVANIA CIVIL ACTION - LAW ',~ " JOSEPH R, GREATHOUSE, LOUISE E, GREATHOUSE and POLLYANNA GREATHOUSE, Defendants NO, ?( /(.. (, I ",. ( ~",I r~~ ,- COMPLAINI I r; 1. Plaintiff Dickinson College ("Dickinson") is an educatio_ nal institution of. higher learning which maintains an address at I I I P.O. Box 1773, Carlisle, Pennsylvania 17013. 2. Defendants Joseph and Louise Greathouse ("Joseph and LOUise") are adul t individuals whose last known address is 68-2 Crittenden Way, Rochester, New York 14623-1102. 3. Defendant Pollyanna Greathouse (" POllyanna") is an adult individual whose last known address is 1703 Waterford Road, Walworth, New York 145~8, 4. On or about October 13, 1989, Joseph and Louise entered into an Educational Goods and Services Retail Installment Contract (" First Contract") for expenses incurred for goods and services to be provided and rendered to their daughter, POllyanna, by Dickinson during the 1989-1990 academic year. A true and correct copy of the First Contract is incorpOrated by reference and attached as Exhibit "A". . . , 5. On or about September 24, 1990, Joaeph and Louiae entered into an Educational Gooda and S~rvicea Retail Inatallment Contract ("Second Contract") for expenaea incurred for gooda and aervicea to be provided and rendered to Pollyanna by Dickinaon during the 1990- 1991 academic year. A true and correct copy of the Second Contract ia incorporated by reference and attached as Exhibit "B". 6. On or about October 7, 1991, Joseph and Louise entered into an Educational Goods and Services Retail Installment Contract ("Third Contract") for expenses incurred for goods and services to be provided and rendered to Pollyanna by Dickinson during the 1991- 1992 academic year. A true and correct copy of the Third Contract is incorporated by reference and attached as Exhibit "C". 7. On or about February 7, 1992, Joseph and Louise entered into an Educational Goods and Services Retail Installment Contract ("Fourth Contract") for expenses incurred for goods and services to be provided and rendered to Pollyanna by Dickinson during the 1991- 1992 academic year. A true and correct copy of the Fourth Contract is incorporated by reference and attached as Exhibit "D". 8. On or about September 24, 1992, Joseph and Louise entered into an Educational Goods and services Retail Installment Contract (" Fifth Contract") for expenses incurred for goods and services to be provided and rendered to Pollyanna by Dickinson during the 1992- 1993 academic year. A true and correct copy of the Fifth Contract is incorporated by reference and attached as Exhibit "E". . . COUNT I D1ck1n.on v. JO.'Dh and Loui.. ar..thou.. Br.ach of Contract 9. Paragraphs 1 through 6 are incorporated herein by reference. 10. . Under the terms of the First contract, Joseph and Louise agreed to pay Dickinson Four Thousand Nine Hundred Five Dollars and 00/100 Cents ($4,905.00), with interest at the initial rate of 11.792\ per annum, in 152 equal monthly installments of Sixty.two Dollara and Twenty-nine Cents ($62.29) commencing on October 30, 1969. 11. Under the terms of the Second Contl'act, Joseph and Louise agreed to pay Dickinson Four Thousand Dollars and 00/100 Cents ($4,000.00), with interest at the initial rate of 10.60a per annum, in 140 equal monthly installments of Fifty Dollars and Thirty-seven Cents ($50.37) commencing on October 26, 1990. 12. Under the terms of the Third Contract, Joseph and Louise agreed to pay Dickinson Three Thousand One Hundred Thirty Dollars and 00/100 Cents ($3,130.00), with interest at the initial rate of 9.495\ per annum, in 126 equal monthly installments of Thirty-eight Dollars and Ninety-eight Cents ($38.96) commencing on October 28, 1991. 13. Under the terms of the Fourth Contract, Joseph and Louise agreed to pay Dickinson One Thousand Seven Hundred Dollars and 00/100 Cents ($1,700.00), with interest at the initial rate of ~ ,. , ',j i . , 9.50~ per annum, in 123 equal monthly installments of Twenty.one Dollars and Sixty-seven Cents ($21.67) commencing on February 28, 1992. 14. Under the terms of the Fifth Contract, Joseph and Louise agreed to pay Dickinson Three Thousand Two Hundred Dollars and 00/100 Cents ($3,200.00), with interest at the initial rate of 11. OO~ per annum in eight equal monthly installments of Twenty-nine Dollars and Thirty-three Cents ($29.33) commencing on October 28, 1992 and 72 equal monthly installments of Sixty Dollars and Ninety. one Cents ($60.91) commencing on May 28, 1993. 15. Under Section I of the First Contract, Second Contract, Third Contract, Fourth Contract and Fifth Contract (collectively "Contracts"), Joseph and Louise are jointly and severally liable for all sums due under the Contracts. 16. Section II of the Contracts provides that" [i] f 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. II 17. Section VI, Paragraphs 3 (a) and (b) of the Contracts provides that Joseph and Louise "shall be deemed to have committed . an 'Event of Default' of the Contract upon the occurrence of ... failure to make a payment on or before the date it is due, [or] failure to make a payment on any other Contract outstanding with [Dickinson] ." . 18. Seotion VI, Paragraph 4 of the Contraota provides that if an Event of Default of the Contracts occurs, and is not cured by Joaeph and Louiae purauant to the notice of default, Dickinson has "the right to declare all slims due on the Contracts to be immediat~ly due and payable." 19. Section VI, Paragraph 4 of the Contracts further provides that Joseph and Louise "agree [) to pay all attorney's fees and other reasonable collect ion costs and charges necessary for the collection of any amount not paid when due." 20. Joseph and Louise defaulted on the First Contract by failing to make the required monthly payments due and owed to Dickinson since July 19, 1993. 21. Joseph and Louise defal~lted on the Second Contract by failing to make the required monthly payments due and owed to Dickinson since July 19, 1993. 22. Joseph and Louise defaulted on the Third Contract by failing to make the required monthly payments due and owed to Dickinson since March 2, 1994. 23. Joseph and Louise defaulted on the Fourth Contract by failing to make the required monthly payments due and owed to Dickinson since July 19, 1993. 24. JOlleph and Louise defaulted on the Fifth Contract by failing to make the required monthly payments due and owed to Dickinson since July 19, 1993. . 25. Notices were forwarded to Joseph and Lpuise informing them of their defaults and their right to cure auch defaults. 26. Joseph and Louise failed to cure such defaults. 27. Therefore, Dickinson has exercised its right to declare all aums due on the Contracts to be immediately due and payable. 28. Joseph and Louise have failed to make such payment. 29. The total amount of principal which has become immediately due and payable to Dickinson by Joseph and Louise pursuant to the First Contract is Four Thousand Two Hundred Twelve Dollars and Seventy-five Cents ($4,212.75), plus interest of Nine Hundred Fifty-four Dollars and Fifty-three Cents ($954.53), interest of 1.151 Cents per day as of May 14, 1996, plus attorneys' fees, collection costs, and/or late fees of Two Hundred Forty-six Dollars and Twenty-four Cents ($246.24) as of May 14, 1996. 30. The total amount of principal which has become immediately due and payable to Dickinson by Joseph and Louise pursuant to the Second Contract is Three Thousand Six Hundred Eighty-Eight Dollars and Ten Cents ($3,688.10), plus interest of Eight Hundred Seventy Dollars and Sixty-two Cents ($870.62), interest of 1.007 Cents per day as of May 14, 1996, plus attorneys' fees, collection costs, and/or late feea of Seventy-five Dollars and 00/100 Centa ($75.00) as of May 14, 1996. 31. The total amount of principal which has become immediately due and payable to Dickinson by Joseph and Louise pursuant to the Third Contract is Three Thousand Seventy-Nine . Dollars and Twenty-three Cents ($3,079.23), plus interest of six Hundred Ninety-eight Dollars and Ninety-one Cents ($698.91), interest of .841 Cents per day as of May 14, 1996, plus attorneys' fees, collection costs, and/or late fees of Fifty-three Dollars and Nineteen Cents ($53.19) as of May 14, 1996. 32. The total amount of principal which has become immediately due and payable to Dickinson by Joseph and Louise purfluant to the Fourth Contract is One Thousand Seven Hundred Dollars and 00/100 Cents ($1,700.00), plus interest of Four Hundred Forty-one Dollars and Twenty-five Cents ($441,25), interest of .464 Cents per day ae of May 14, 1996, plus attorneys fees, collection Gosta, and/or late fees of Thirty-three Dollars and Eighty-six Cents ($33.86) as of May 14, 1996. 33. The total amount of principal which has become immediately due and payable to Dickinson by Joseph and Louise pursuant to the Fifth Contract is Three Thousand Two Hundred Dollars and OO/lOO Cents ($3,200.00), plus interest of One Thousand Thirteen Dollars and Seventy-two Cents ($1,013,72), interest of .961 Cents per day as of May 14, 1996, plus attorneys' fees, collection costs, and/or late fees of Three Hundred Twenty Dollars and Seven Cents ($320.07) as of May 14, 1996. WHEREFORE, Plaintiff Dickinson College demands judgment against Defendants Joseph and Louise Greathouse in the sum of Fifteen Thousand Eight Hundred Eighty Dollars and Eight Cents ($15,880.08) I interest of Four Thousand Nineteen Dollars and Three WHEREFORE, Plaintiff Dickinson College demands jUdgment againat Defendant Pollyanna Greathouse in t:he sum of Fifteen Thousand Eight Hundred Eighty Dollars and Eight Cents ($15,880.08) I interest of Four 'l'housand Nineteen Dollars and Three Cents ($4,019.03)/ interest at the rate of 4,424 Cents per day from May 14, 19961 late fees, attorneys' fees, and/or collections coats of Seven Hundred Twenty-eight Dollars and Thirty-six Cents ($728.36) as of May 14, 1996, late fees, attorneys' feee and collection costs from May 14, 1996/ and costs of suit, which sum does not exceed the jurisdictional limit for compulsory arbitration. McNEES, WALLACE & NURICK By lf~~w- I .0. No. 36805 Robert Teplitz 1.0. No. 75968 100 Pine Street P. O. Box 1166 Harrisburg, PA 17108-1166 (717) 232-8000 Attorneys for Plaintiff Dickinson College Datedl June').'?, 1996 r r DIO<INOON OOUB3E FLEXIBLE f'INANCIt() BV8mI - 7000 fUN IDJCATIONAL GOOOO AND smvIcm REl'AIL INm'1IllJoIENl' ootn'RAcr Date October 13, 1989 :8.1yer(e) r Dickinson College. CarliBle. Pennsylvania 17013 JoseDh R. and Louise E. Greathouse Rt. 1. 80x 79.3 Purcellvl11e. VA 22132 I. Seller: It there ia more thdn one 9..lyer. each of you will be obligated, jointlyard severally, tor all SUIIII3 due and for the perfonnance of all agreements as provided in this Contract. Under the tenne of this lliucational G<xxl.s am Services Retail Installment Contract, YOll have agreed to pay the expenses incurred for goodB am services to be provided ard 'rendered. aB the case may be, to Pollyanna (hereinafter "Student") during hislher enrollment at Dickinson College during the 1989-90 academic year, including tuition. room ard board. books am 6\Jpplies lIS herein stated (hereinafter the "G<xxl.s am ServiceB") , The Goods ani Services shall include only tuition. room arY.1 board. . II. TrnMS OF PAYMnIT AND PA'iMENf SCHEOOLE Disclosures ReqUlred by Federal Law ANNUAL PmcENTAGE FINANCE CHARGE: 1>./oIaJNT FINANCED: TOTAL OF PAYMENTS, TOrAL SALE RATE: · Dollar amount Amount of credit Amount paid by PRICE: Cost of erecti t ae credit will provided by 9..lyer as total of Total cost of yearly rate cost 9..lyer Dickinson College all scheduled purchase on payments credit. in- cluding down payment of :$ 12,395.00 11. 792 % :$ 4,563.08 $ 4,905.00 :$ 9,468.08 :$ 17,300.00 Rev 9/89 IV. CREDIT INSURANCE Credit lite iJ'lflurancl! for the tenn of this Controct is not required. r r V. NO WAAAANTIES 'IHEllE ARE NO WMJW(l'IES, EIlHm EXPRESSED OR IMPLIED, GI'IDI BY t3EL1..m IN <XlNNro'ION WI'ni SALE OF 1liE GOOOO AND smVICFS COvrnED BY nlIS CON'I'RAcr lJNI1SS 00Ym HlIS Bml GI'IDI A SEPARATE WRI'rIDl W1IRRANIY. VI . ADDITIONAL PROVISIONS 1. B..lyer agrees to pay Seller the Total Sale Price by making the total down payment o.rx1 payin:] Seller the Total of Paymenta in the rnmber am amount of monthly payments shown in the Payment Schedule. Payments are due on or before the flalDe d4te of each IIlOOth as the Unlt payment da.te. Payments IIlUBt be IJlade to First Wachovia, Inc. at the following addresst First Wachovia, Inc. P,O. Box 70095 Charlotte, He 28272-0095 2. B..lyer'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. B..lyer shall be deemed to have committed an "Event of Default" of the Contract upon the occurrence of any of the followin:]I (a) failure to make any payment on or before the da.te it is due. (b) failure to make a payment on any other Contract Olltstan:l.ing with Seller, (c) failure to perform any other provision of the Contract, (d) providing Seller with false information or signatures. (e) r1eath, incompetence. or conviction of any B..lyer of crime involving fraud or dishonesty, (f) insolvency or bankruptcy of any Buyer. 4. Upon or after the occurrence of any Event of Default. Seller will provide &Lyer with notice, by certified mail as required by law. addressed to Buyer's last known address CIB shown on Seller's records. /l.dvising Buyer of the default am of fuyer's right to cure the default. The mtice will provide the time, amount am performance necessary to cure the default, If fuyer 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 attomeY'5 fees am other reasonable collection C05t5 and charge5 neces5ary 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 chooee to exerci5e that or any other right or a 5imilar Event of Default occurs later, All Seller's rights am remedies shall be CUJDulattve. Seller's exercise of one or more right5 5hall not cause Seller to lose any other rights. 6. This Contract is freely assignable by Seller. Buyer agrees that upon receivin:] notice of the assignment Buyer 5hall be obligated to the As5ignee of this Contr/l.ct. which Assignee shall have all of Seller's right and remedies, 3 , . r . 7. It any part of this Contract is held to be illegal. void ~ unenforceable. that provision shall be deemed not to have been a part of this Contract, which shall otherwise remain fully effective. , , e. APPLIC1>R1F. LAW, This Agreement. whenever called upon to be cOl'llltrued. shall be governed by the domestic internal laws of the Commonwealth ot Pennsylvania except to the extent supplemented. supel"l3eded or preempted by federal law, 9. CONSF.lIT 1'0 JURISDICTION. VEMJE ~J.g;, The parties to this Agreement consent and agree that all legal proceedings relo1tlrq to the subject matter hereof shall be maintained in the COUYt of COllIIDOn Pleaa ot CUmberland County. Pennsylvania. or, it applIcable, the United States District COUYt of the Middle Diatrict of Pel'll18Ylvania. an:1 all parties hereto cOl'lllent ard agree that jurisdiction and venue for l!lUch proceedings I!lhall lie exclUllively within said court. Service of pYOCel!ls in any l!lUch proceeding may be IIl!lde by certified lIl!lil, return receipt requested, directed to thl!l respective party at the address set forth above. 10. This Contract shall be birding upon the parties hereto, their heins, successore, assigns and legal representatives. 11. TIME IS OF TIlE E3SENCE OF nns COt-rmACT. ~ICE, ANY HOLDER OF nns CONSUMER CREDIT CONTRACT IS St.JBJFX:l' TO ALL CLAIMS AND DEFf}lSES WHIOi TIlE DEBTOR COOJ.D ASSERT "GAINSI' mE SELLER OF GOODS OR SERVIcrn OBTAINED PUR5\JAm' ,.'!itKt;IO ORWI'Ili TIlE PROCEEm HDlIDF, REmVEIlY HERE1JNDER BY mE DEllTOR SHAll. NOT EXCEED AlOJNTS PAID BY mE DEBTOR HrnEllNDFR, OOTICE TO Bl.JYrn, (1) 00 NOT SIGN nns AGREEMENr BEFORE YOO READ IT OR IF IT <X>m'AINS ANY BLANK SPACE. (2) YOO ARE OOI'n.m TO A CCMPLETELY FIIllD-IN CXJi'Y OF nns AGREDIEm', (3) UNDER 1liE LAW, YOO HAVE TIlE RIGHI' 1'0 PAY OFF IN AD~ l1iE ruu. Af.KXJNT OOE AND UNDER cmrAIN CONDITIONS TO OBTAIN A PARTIAL ID1JND OF 'mE FINANCE a-JAAJE. BUYER(S) ACI<NOWlID3E(S) ROCEIVING A <.'CW' BE LDJAlLY ITS 'rrnMS. Bl.JYrn (S) : COPY OF nns cotrrRJl.cr AND INTEND(S) TO ,/ , I AGREE TO REPAY ALL AMOUNTS DUE ON nns LOAN IF 1liE OOROOWDHS) /BUYER(S) f1.II1> 1'0 00 SO IN ACCORDANCE WIlli mE TrnMS OF TIlE ~f 0l\IDllIT <X>llGNrn ~WW"' "-- ~.qtlf' DATE: DICKINOON COLLEXlE cTh,,--t-'1 ,-- J /0/'3/$1 , , BY " 4 " ,. , JJ' ;I)f\ ..,lJ" II ':{i;; , ,.U "~'j'fid ':'i~ EXHIBIT B r IV. CREDIT IN:3\JRANCE r Credi t: 1 ite insl\l'o!nc~ fOl' the term ,~f t.h1s Contr,)ct, 16 not n".JUil"ed. V , NO W1\AAANTIfS 1llERE ARE NO W1\RIWITIES, EITHER EXPEID3SED OR IMPLIED. GIVUI BY SEl.J.1ll IN CQNNa'TION WIni SALE OF 11iE GOODS AND smVICEl3 COIJEJ'lED BY niIS CONTRACf lJNLE'3S Bt.JYm HAS 5EE}l GIVDI ~ SEPARATE WRITIEN WARAANTY, VI. ADDITICN~ PROVISIONS 1. B..lyer agrees to pay Seller the Total Sltle Price by making the total down pa}'1llllnt and paying Seller the Total of Payments in the number am dIIIOunt <:If monthly payments shown in the Payment Schedule, Payments are due on or before the Sdlll~ date of each lIlOnth as the til"5t payment date. Payments must be made to Firat Wachov la. Inc, at the follOWing address I First Wachovia. Inc, P,O, Box 7009~ Charlotte. NC 28272-0095 2. B..lyer's legal rights include the right to pay all or part of the amounts due on this c:ontract in advance of their due dates. to obtain a refund or credit ot unearned Fino.nce Charge whenever the am<:lunt is paid in full in advance, and (wit.h Seller's consent) to reinstate the Contract it Buyer timely Cl~es any default. 3. 8Jyer shall be deemed to have cOlDlDitted an "Event of Default" of tho(! Contract up<:ln the occurrence of any of the followingl (a) failure to make any payment on or befOI"e 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 B..lyer of crime involving fraud or dishonesty. ( f) i neo 1 vency or bankruptcy of any Buyer. 4. Upon or after the occurrence of any Event of Default, Seller will provide 8Jyer with notice. by certified mail afl required by law, addressed to Buyer'a last known address as shown on Seller's records. advising &lyer of the default and of Buyer'S right to ClJre the default. The notice will provide the time, atllOunt and performance necessary to cure the default, It B..lyer does not cure the default afl provided in the notice, Seller'3 rights shall include the right to declare all BUIIlS due on the Contract to be immediately due and payable, The &lyer 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 it 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 or 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 dBsignment 8Jyer shall be obl igated to the I\Bsignee of this Contract, which Aesignee shall have all of Seller's right and.remedies. . 3 . 7. It ~ny ~ o~ this cont)(:t is held to be illeg~l. void ~ unentorc~able. that provision shall be deemed not to have be~n a part of thls Contr~ct. which shall otherwise remain tully ~tfectlve, 8. APPLIrllRI J:' I..l\W I Th i s Agreement. whenever Cd 11 ed upon to be construed, sha 11 be governed by the domestic internal laws of the Commonwealth of Pennsylvania except to the extent supplemented, euper'Seded or preempted by tederal law. 9. CON6Effi'TO JVRISDICI'ION. VENUE T\ND smVlCEI The parties to this Agreement consent and agree that all legal proceedings rel~ting to the subject matter hereof shall be lIlaintained in the court of Common Pleas of C\.unberlarrl County. Pennsylvania, or. it applicable. the United States District Court of the Middle District of Pennsylvania, arrl all parties hereto consent and agree that Jurisdiction and venue for such proceedinge shall lie exclusively ~ithin aaid court, Service of process in any such proceedill;J may be made by cert if ied ma i 1. return reee i pt requested. directed to the reepective party at the address set forth above, 10. This Contract shall be binding upon the parties hereto. their heirs, successors, assigns and legal representatives, 11, TIME IS OF TIlE ESSENCE OF nns COmRACI'. OOI'ICE: Am HOIDffi OF TIllS CONSl.JMm CREDIT CONmACI' IS Sl.IBJEX:I' TO AlL CLAIMS AND D~ WHlOi nlE DEBTOR OOULD ASSERI' AGAINSI' TIlE SELLER OF GOODS OR smVICE3 OBTAINED PUR:SUANT HEm:I'O OR '11111-1 TIlE PROCEEm HEmnF'. REXXlvmY HmEllNDffi BY TIlE DEBTOR SHJl.LL OOT EXCEED ~ PAID BY TIlE DEBTOR IIDIDJNDffi, NOI'ICE TO BUYm: (1) 00 NOT SIGN TIlI~ AGREElIDrr BEfORE YOU READ IT OR IF IT com'AINS ANY BLANK SPACE. (2) YOU ARE OOI1UD TO A <X>>IPLtTELY FILllIHN COPY OF 11-IIS AGREDIE}IT. (3) UNDffi TIiE LAW. YOU HAVE TIlE RIGHI' TO PAY OFF IN 1\D1J1\NCE TIlE FULL ~ OOE AND UNDER cmrAIN CONDITIONS TO OBTAIN A PARTIAL REruND OF 11-IE FINANCE aiAAGE. . BUYER(S) ACI<NOWLED3E(S) !ID:EIVING A COMP! COPY OF TIllS CONmACI' l\ND IN'mlD(S) TO BE WAlLY roJND BY ITS TrnMS, 1 II i .)~L ,( BNrn(S" ~~t~ ~ 1Z~ / I AGREE TO REllAY AlL i\MOONTS OOE ON TIllS LOAN IF TIlE OORROwrn(S)/BU'lER<S) FAIts TO 00 SO IN ACCORDANCE Wlni.'/2~ OF 11-IE ~p ..11 SliJDENT COSIGNER ~41tAttv t1:J!.~ DATE: DICl<INSON COll.EXlE 1.1li/ q 0 BY. ~~ . .:., 4 . EXHIBIT C , . r (' DI<.1<INOON O:JllB'JE n..EXIBLE FINANCIl<<l 6'{BTI:)! - 7000 PLAN IDJCATIONAL <XX:lOO AND srnvlcrn RETAIL INS'I7I.LUlrnT CWl'RACT Date October 7, 1991 I. Seller: Dickinson College. Carliale. P"nnaylvlInill 17013 Buyerls): Joseph R. and Louise E. Greathouse R.D. 11, Box 597 Portage, PA 15946 It there ia IIIOre thdrl one Buyer. each at you will be obligated. jointly al'd severally. tor all SUIIl5 due an:! tor the performance at all agreemtlnta aa provided in this Contract. Un:!er the tel1llS at thia lliucational Goods and Servicf.la Rlltail Installment Contract. you have agreed to pay the I!xpensea incurred tor gooda and servicea to bl!l provided and rendered. lIS the case may be. to Pollyanne Greathouse (ho!~inafter "Student") during hialher enrollment at Dickinson College during the 1991.92 academic year. including tuition. room and board. books and supplio!s as he~in atated (hereinatter the "Goodll an:! Servicea"). The Goods and Servicea ahall include only tuition. room an:! board. . II. 'ID1MS OF PAYMEm' AND PAYMmI' SCHEDULE Diacloaurea Required by Federal Law ANNUAL PrncENI'AGE FINANCE CHARGE: A/oO.MI' FINANCED: T01'AL OF PAYlIDITS: TOrAL SALE RATE: * Dollar amount Amount of credi t Amount paid by PRICE: Cost 0 f cred i t as credit will provided by Buyer as total of Total coat of yearly rate cost Buyer Dickinson College all scheduled purchase on payments credit. in- cluding down payment of $16,850.00 9.495 % :J 1,859.44 $3,130.00 t,989.44 $ 19,980.00 Rev 9/89 r ,.- BJyer' a payment schedule will be lIS tallows: ltJmber at Pllyments AmouI:\t ot Payments When Payments are Due 128 .Variable RAte: Late Charge: $38.98 Monthly COlIllIlencing until ~/?A/n? . " ln/?A/Ql The ANNUl\L PmCENrAGE RATE diaclO15ed above is a ~ rate an:! may chllnge. The ANMJAL PERCENrl\GE RATE IIlllY increllBe during the term of this trllnBllction it the prime rate of intereat announced in the Wall ~t Journal as of the close of b.Jsiness on June 30 of ead\ clllend4r year in~ases. arv:I. wi 11 bl!l in~aaed to the prime rllte plus 1%. The ANNUAL PmCDITAGE RATE wi 11 not increllSe more than once a year. an:! the new interest rllte will beCOCDe effective on July 1 following the increase. if any, in the prime rate of intereat. Any in~ will be in the form of higher payment amounts. It your cost of the Goods and Services aold hereunder were $ 3.130.00 at 9.509....% per lll'\I'IUIll f<:Jr ..12.a- months. and the prime rate plus 1% were increllBed to 10.500 %. your regular monthly payments would increase to S 40.74 . further. the ANNUAL PmCfNl'AGE RATE will not increase to more than 18% or such other rate lIB may be penDitted under the Pennsylvania Goods and Services Installment Seles Act. It a payment 113 more than 15 days I lite . a BUIll equi va lent to 5% of the late payment (b.1t no more than $2.50 and not less than S1.00) IIlllY be charged. BJyer may prepay the unpaid balance of the Amount Financed and any FINANCE QlARGE due through the date of early payment, in full or in part, without penalty. SEE SEX:I'ION VI OF 1liE oomRAcr BELOW FOR ANY ADDITIONAL INFORMATION AInJI' OON-PAYMENI'. DEFAULT AND RmlJIRED REPAYMmI' BEroRE 1liE SOiIDJLEI) DATE FOR ~AYMENI' OF TIlE m:x.m FINANCED. Prepayment: III. ITEMIZATION OF mJUNT FIN1INCED 1. Cash price of Goods an:! Services: $ 19.980.00 2. Tota 1 down payment: 16.85Q.00 3. Unpaid balance of cash prlce (1 - 2): 3.130.00 4. Amount paid to others on fuyer's behalf: -0- 5. Amount Financed (3 + 4): S 3,130.00 2 ( r IV, CRFnIT INSURANCE Crllldit lite inaut'ancl) tor the tenD of thia Contract IS not requirl)d. V. NO WARAAm'IEE 1liERE ARE NO WARJW(l'IEB, EI1Hrn El<PIID3S'ED OR IMPLIID, GIIJE}I BY ~ IN o::>NND..'7ION WI'ni SALE OF 1liE GOOOO AND BmVlcrn C'QIJEmI) BY lliIS commcr lINLE'3S IJ.Nffi HAS Bt>>4 GllJE}I A SfPAAATE WRI'ITEll WARJlANIY. VI. ADDITIONAL PROVISIONS 1. 8Jyer agreee to pay Seller the Total Sale Price by making the total down payment and paying Seller the Total of Paymente in the nUlllber and llJIlount or D1Cnthly payments shown in the Payment Schedule. Paymenta are duo on or betore the SllJlle date of each month as the first paYlD"nt date. Payments must be made to First Wachovia, Inc. at the tollowing address: First Wachovia, Inc. P.O, Box 70095 Charlotte, NC 28272-0095 2. 8Jyer's legal rights include the right to pay all or part of the amounts due on this Contract in advance ot their due datl)s, to obtain a retund or credit of unearned Finance Charge whenever the amount is paid in full in advance. an:! (with Seller's consent) to reinstate the Contract if Buyer timely cures any default, 3. 8Jyer shall be deemed to have committed an "Event ot Default" (Jf the Contract upon the occurrence of any of the followingl (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) tailure to perform any other proViSion of the Contract. Cd) providing Seller with talse infonDlltion or signatures. Ce) death. Incompetence, or conviction of any BJyp.r of crime involving traud or dishoneaty. (tJ insolveI1~'Y or bankruptcy of any 8Jyer. 4. Upon or atter the occurrence of any Event of Default, Seller will prOVide Buyer with notice. by certified mail lIB required by law, addressed to Buyer's lallt known address as shown on Seller'a records, advising Buyer of the detault an:! ot Buyer's right to cure the default. The notice will provide the time, amount and performance necessary to cure the default, If BJyer does not cure the default aa provided in the notice, Sf.lllel"s righta shall include the right to declare all BUlD8 due on the Contract to be immediately due an:! payable. The Buyer llgrees to pay all attorney's fees and other rellSonable collection costa and charges necessary tor the collection of any amount not paid when due. 5. Waiver by Sf.lller of any Event of Detaul t shall not be binding upon Sf.lller if Seller should thereafter choose to exercise that or any other right or a similar Event of Detault occurs later. All Seller's rights and remedies shill 1 be cumulative. Seller's exerciae of one or more rights shall not cause Seller to lOBe any other rights. 6. This Contract is freely ll5aignable by Sf.lllllr. Buyer agrees that upon ~celving notice of the a5signment Buyer shall be obligated to the Assignee of this Contract, which Assignee shall have all of Seller's right and remedies. 3 . . ( r 7. It any part of this Cont.ract ill held to be illegal. void or unenforcltable, that provision llhall be deemed not to have been a part of thill Contract, which llhall otherwise relllllin fully effective, 8. APPLIC'lR1F. LAW I This Agnllment, wh.llIIver called upon to be constl'\l8d. llhall be governed by the dOCDestic I nt.ema 1 laws of the C<:lalIlomIealthof Pel'Vlll)'lvania except. to the extent. suppl_nted. IIUpersllded or preelllPt.ed by federal law, 9. 00NSml' TO JURISDICTION, VEWE AND smvlCEI The partiell to thill Agreement consent and agree that all legal proceedillgll ~Iating to the IlUbJect IIIIltter hereof shall be lDIlintained in the CoJrt of CoaDon Pleas of Q.uIIberlan:! County. Pel'Vlll)'lvania, or, if applicable. the United statell Dilltrict. Court of the Middle Dilltrict of Pennsylvania, and all partiell hereto COI'llltnt. an:! agree that Jurilldiction an:! venue for INch procltedingll ehall lie exclusively within said court, Service ot procellll in any I!IUch proceeding IIlllY be IIlllde by certified lIlllil. ~turn receipt ~ltllted. di~ted to the respective party at the addreSll set forth above. 10, Thill Contract shall be bin:!ing upon the partiell he~to. their heirs. succellllOrs, aseigna and legal representatives. 11, TIME IS OF 1llE ~ OF nus cnmACl', OOI'ICE I ANY OOUlDl OF nlIS CXJt6.IMm CREDIT CXlN'l'RACT IS fMmrI' TO AU.. CLAIMS AND ~ .. 'lIHIQ{ 1llE D~ <XXJIl) ASSml' AGAINST ntE SELl..Dl OF oo::m ~ SDlVICE5 OBTAINID PVRSUANT HmETO OR wrIli 1llE PAX.:.] e HERroF, RroJVm'i HDlE1INDDl 'f!{ 1llE omroR SIW.L oor E)(OEl m:wrs PAID BY 1llE DEB'roR HEJm.1N[)m. OOI'ICE TO~, (1) 00 oor SIGN nlIS AGRE>>lENl' BERm: YOO READ IT OR IF IT OONl'AINS ANY 1Il>>IK SPACE. (2) YOO ARE OOIiUD TO A <nIPlEIU.Y FILi.m-IN CI:P'i OF nus AGREDmn', (3) UNDDl 'mE LAW. YOO HAVE 1llE RIGHI' TO PAY OfT IN MlVANCE 1llE F\IlL AI<<WI' roE AND UNDm CDlTAIN CONDITIONS TO OBTAIN A PARTIAL 1&1JND OF 1HE FINANCE 0iAAGE. 8J'!'m(S) AOOOWLEIX1E(S)'''~D:EIVIN3 A ca4PLE;l'ID ~ OF nlIa lXlN'mAcr AND ItlI'OO(S) TO BE LIDAlLY roJND FN ITS~, :' (/, ,/, ;:. ~(S) I '/ ,d'yUL X <: ""--or;' Cl'[ /0-iUU!.../ ~.::f~{~~~ ~ ~~c,,~ ~ -" I """" m RfPAY AlL """"" WE '" 11IIO , mE .'.''''''(0)111''''''0' l>IIB 'IU 00 00 IN ACCORDANCE wrIli 1W TDlMS OF 1HE sruooo ro3IGNDl h,/jriJ11M tl. . 'tiAtUtk,. DATE: DICKlNOON COlUXlE 10'7-'1, 'f!{ C5J>:~'J K.___ 4 I ., " , , 'I I , " , , EXHIBIT D , , .' r r DIa<INS:>N 0:JIl.El3E FLEXIBLE FINANCING SY5'I'EM - 7000 PUN muCATIONAL GOOOO AND srnVlcm RETAIL INfrrAIl.ME}IT cotlmACT Date February 7, 1992 I. SelleY: Buyeres) r Dickinson College. Carliale. Pennsylvania 17013 Joseph R. and Louise E. Greathouse R.D. 11, Box 597 Portage, PA 15946 If there is more thlln one Buyer, each at you will be obligated. jointly and severally. tor ~Il ~~ due and for the pllrformance of all agreemllnts as provided in this Contract. Under the terms of this EducatIonal Goods and Servicea Retail Installment Contract, you have agreed to pay the I!xpenses incurred tor goocl5 an:! aervicea to 00 provided and rendered. as the case may be, to Poll ann Greathouse (hereinafter "Student") during hia/her enrollment at Dickinson College during the academic year. incllJding tuition. r<.lOm an:! board. books and supplies Ml herein stated (hereinatter the "Goodll an:! Services"). The Goods and Services shall include only tuition, room an:! board. . II. 'ID1MS OF PAYMmI' AND PAi'MEm' SCHEDULE Discloaures Required by Federal Law ANNUAL PERCENrAGE FINANCE CHARGE: AMOONT FINANCED: TOrAL OF PAYMENTS: TOl'AL SALE RATE: * Dollar amount Amount of credi t Amount paid by PRICE: Cost of credit liS credit will provided by Buyer Ml total ot Total cost ot yearly rate coat Buyer Dickinson College 1111 scheduled purchase on payments credit. in- cluding down ,payment ot :I 18.280.00 9.50 % S 966.14 :Ii 1.700.00 :I 2 .666.14 :Ii 19.980.00 . Rev 9/89 (" r IV. C1<illIT IN:3VRANCE C'l'o1'1.1H 1 He Il1BlU',Jno~'" tor tho:- tf!nn "t thlf.l Contr,:,ct lS not required, V, NO WARRAI'frrrn '!limE ARE NO WAAJW.lrIEE. EITIiER EXPlID3SED OR IMPLIED, GIIJD'I BY SEI.J..m IN OJNNa"TION WI'Ill SALE OF 1riE GOODS AND srnVICES COVERFIJ BY 'IllIS CON'r'RAcr lJNI...E<JS BJYrn HAS BIDl GIIJD'I A SEPARATE WRITI'EN WARRANTY, VI, ADDITIONAL POOVrSIONS 1. Buyer a91"ees to pay Seller the Total Sale Price by making the total down payment and paying Seller the Total of Payments ln the number and amount ot monthly payments ahown in the Payment Schedule, Payments are due on or betore the same date of each month as the first payment date. Payments must be made to First Wachovla. Inc. at the following address: First Wachovia. Inc, P.O, Box 70095 Charlotte, NC 28272-{)095 2. Buyer's legal rights include the right to pay all or part of the amounta due on this Contract in advance ot 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 dny default. 3. Buyer ahall be deemed to have committed an "Evllnt of Default" of the Contract IJpon the occurrence of any of the following: (a) tailure to make any payment on or before the date it is due, (b) failure to make a payment on any other Gontract outstanding with Seller, (c) failure to perform any other proviSion of the Contrllct. (d) providing Seller with tlllse information or signatures, (e) death, incompetence, or conviction of any Buyer of crime Involving traud or dishonesty, (f) insolvency or bankruptcy of any Buyer. 4. Upon or after the occurrence at any Event of Detaul t, Se ller wi II provide fuyer with notice. by certified mail as required by law. addressed to Buyer's laat known address as shown on Seller's recorda, advis,tng fuyer of the default and ot Buyer's right to Cl.tre the default. The notice will provide the time. amount an:! pertol1llance necessary to cure the default. It Buyer does not cure the defllult as provided in the notice, Seller's rights ahall include the rjght to declare all 5UIIlB due on the Contract to be immediately due an:! payable. The &.lyeI' agrees to pay all attomey'a fees and other reasonable collection costs and charges necessary for the collection ot any amount not paid when due. 5. Waiver by Seller of any Event ot Default shall not be binding upon SeII19r it 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 or more rights shall not caUSe Seller to lose any other rights. 6. This Contract is freely lIBsignable by Seller. Buyer agrf.les that upon receiving notice of the aSSignment Buyer shall be obi igated to the ABsignee ot thia Contract, which Assignee shall have all of Seller's right ,ana remedies. ,', , 3 . . (' r , , , 7. If any part of this Contract is held to be illegal, void or unenforceable, that provlaion shall be de~med not to have been a part ot thia Contract. Which shall otherwise remain fully effectIve, 8. APPLICltRIJ:' LAWI This Agreement, Whenever called upon to be construed, shall be governed by the domestic internal laws of the Commonwealth of Penroylvania except to the extent BUpp 1 emented , supereeded Ot. preempted by federal law, 9. 0:JN600 TO JURISDlcrIQN, VENUE AND smvlCEI The parties to thia Agreement consent an:! agree that all legal proceedinga relating to the subject matter hereof Ilhall be maintained in the Court ot Common Pleas of CUmberlan:1 County, Pennsylvania, or, if applicable, the United States Diatrict Court of the Middle District of Pennsylvania, and a II parties hereto consent an:! agree that juriadict ion an:! venue for such proceedings shall lie exclUSIvely within said court, Service of process in any such proceedil)] may be made by certified lIlail, return t'eceipt requested. directed to the respective party at the address set forth above. 10, This Contract ehall be binding upon the parties hereto. their haire. 6uccellaore, dBsigna and legal representatives. 11. TIME IS OF 1HE F1l~CE OF' nns comR\cr. NOTICE: ANY HOUlffi OF' nns O:JNSUMrn CREDIT CXlN'rnAcr IS SUBJECT TO ALL alIIMS AND D~ WHIQi 1HE DEBTOR COOLD ASSrnT AGAINST 1HE SW..ffi OF' GOODS OR SERVICES OBTAINID PURSUANT HEm:TO OR WIlll 1HE PROCEEIS HrnroF. REXXlIJrnY HEmlJNDffi BY 1HE DEBTOR stW.L oor EXCErn AMOUNTS PAID BY 1HE DEBTOR HEmlINDffi. NOTICE TO Bl1Yffi: (1) 00 NOT SIGN TIns AGREDIEI'n' BEFORE YOO READ IT OR IF IT <XlNTAINS ANY BLANJ< SPACE. (2) YOO ARE ENlTlUD TO A <XllPLEI'ELY FIlllD-'IN cwt OF TIns AGREE0IT, (3) UNDffi 1llE LAW, YOO HAVE 1llE RIGHT TO PAY OFF. IN ADVANCE 1HE roLL AMJUm' OOE AND UNDffi CERTAIN CONDITIONS TO OBTAIN A PARTIAL RE!-1JN[) OF TIlE FINANCE CHARGE. El.I'{ffi(S) ACKN0WLID3E(s) RFXEIVING A ~ OOI;Y OF lllIS CONTRAcr AND INTEND(S) TO BE LB3ALLY roJND BY Iry TrnMS. -V ) I / ~(s): _ 'f~'" (J-' /HZt~?-o- ~ ~-~~~, :i- ~ __ ~~, ., t:..-" ,; I AGREE TO REPAY ALL A/>O.MI'S WE ON TIns LOAN IF TIlE OORROWffiCS)/l'mI'R(S) F'AII..S TO 00 so IN ACO:JRD1\NCE WIlll re 'ID1MS OF 1HE NCJJ: SIiJDOO O:JSIGNEl< tJ/1t;JMMtV~.t./ , V ./ TRANSCRIPT OF A STUDENT'S RECORD WILL NOT BE RELEASED IF LOAN PAYMENTS TO THE COLLEGE ARE IN ARREARS OR DEFAULT. DATE: DIa<INOON 0:Jll.EXlE ~ ~'1-~'l.- . ~~ , BY 4 , , " " , , , ,,1,.) , I , ':i.' " , I.', .1' , , " EXHIBIT E r c DIQ(I~ ~JmE fW(JU FINANClt<<) IMJ1'DC - 2!500 PLAN mx:ATlaw. <me 00 BmVIC!B Rf:I'AIL Itf1J'WJmn' CXlflRACl' Oato .2.l'lltl'lIIl)1)t'_?1,..J2'j?_ 1. Seller, B.1yer(lI) , DickinBOn C<:J1I-Jo, Carlilllo, Pennsylvania 17013 Joseph ~. and Luuls.. Eo Greathouse lloll, '1, 1l,)X '.i91 Put'l~gu. Pft 16946 It the~ ill IIIOre than one BJyer, each of you wi II be obi igated. jointly ani severally. for all lJUIIIII due an:! tor tho perfortllMlCe of all agreements as providod in this Contract. Undor the tel1llll of this mucational 000d.Il ard Servicell Retail Installment Contract. you have agreed to pay the expensee incurred tor goodll and services to be provided and rerdered. aa the eaae may be, to Pollyanna Greathouse (hereinafter "Student") during his/her enrollment at Dickinson College during the 1992-93 academic: year, incllMiing tuition, YOOIII ard board. books an:! suppliea as herein IItated (hereinafter tho "Goode ard Services"). The Good.lI an:! Servicell shill 1 include only tuHion. room an:! board, I I, TrnMS OF' PAYIIDlT AND PAYIIDl'T SOlIDJLE Disclosurell Required 1:1'/ Federal Law ANNUAL PmC!mNlE FINANCE OWlJE, >>nJm' FltwaDr 'lUI'AL OF PA'1/MENre r TOI'AL BAlE RATE, Dollar Amount Amount of credit Amount paid by PRICE. CoIIt of credit aa credit will provided by Buyer aa total ot Total c:oet of yearly rate cost BJyer Dickinson College all scheduled pJrChase on payments credit. in- c IlMiing clown Prior to repay- payment of Mnt I 11. 00 , * 18.160.00 During repay- ment/ 11 nn , S 1 ~1" 117 * ],?OO.OO $ 4,716 07 * ?1.lfin nn . . Rev 9/89 , , ( VI , AOOITIONAL PROVISIOOS ,.. 1. 8.lyer agrees to pay Seller the Total Sale Price by lIlllking the total down payment ani paying Seller the Total of Payments in the number an:! aIDOIJl'\t of monthly paymente shown in the Payment Schedule, Paymente are due on or before the IlaIIlO dete of each month as the tirst payment dete, Payments lIII.I.Ilt be made to First Wachovia. Inc, at the following lIddreSSI First Wachovia, Inc, P.O. Box 70095 Charlotte. He 26272-<J09~ 2. 8.lyer's legal rights incl~ the right to pay all or part of the amounts due on this Contract in advance of their due detes. to obtain a retuOO or credit of lII"IOllr'I\OC Finance Charge whenever the amount is paid in full in advance. am (with Seller's consent) to rei...,tate the Contract it Buyer timely cures any default. 3. BJyer shall be deemed to have cOllllDitted an "Event of Detault" of the Contract upon the occurrence of any of the to 11 ow ingI (a) failure to make any payment on or before the date it is due, (b) tallure to make a payment on any other Contract outstanding with Seller. (c) tailure to perform any other provision ot the Contract, (d) provldllV Sellllr with falee information or aignaturea. (e) death, incOlllpetence. or conviction of any Buyer ot crime Involving traud or dishonesty. (f) insolvency or bankn.lptcy of any Buyer. 4, Upon or after the occurrence of any Event of Default. Seller will provide B.lyer with notice. by certitied mail as required by law, addressed to Buyer's last known eddre8IS as "hown on Seller'" records. advising 9Jyer of the dflfault and of 8Jyer'" right to cure the default, The notice will provide the time. amount and perfOl"lllllnCe neceaary to cure the default, It aayer doss not cure the default as provided In the notice. Seller's rlghte llhall Include the right to declare all sums due on the Contnct to be i1lllDediately due am payable, The 8Jyer agrees to pay all attorney's tees ani other reaeonahle collection COl5ts and charges necessary for the collection of any amount not paid when due. !5, Waiver by Seller of any event ot default shall not be binding upon Seller if Seller should thereafter choose to exercise that or any other right or a elmllar Event of Default occurs later, All Seller's rights and remedies shall be CUIILllative. Seller'" exercise of one or more rights shall not cause Seller to lose any other rights, 6, '!hi" Contract is freely assignable by Seller. B.lyer agrees that upon receiving notice of the assignment Buyer shall be obligated to the Assignee of this Contract, which M"ignee shall have all of Seller's rights and remedies, 7. It any part of this Contract Is held to be illegal. void or unenforceable. that provieion ehall be deemed not to hllve been a part ot this Contract. which ehall otherwise remain fully effective, e. M>PLIClmF. LAW: Thle Agreement. whenever called upon to be construed. Ilhallbe governed by the domestic internal laws of the COIlIIDonWealth of Pennsylvania except to the extent supplemented. superseded or preempted by tederal law. . ,- 3 , . c ,.. . 9, <XJNSmI'TO JURISDICTION. VEmE AND BmVlCE: The parties to this Agreement consent aB1 agree that all legal proceedings relating to the subject matter hereof ehall be lIlllintained in the Court ot Common Pleas of CUlDberldM Coonty, Pennsylvania, or, it applicable. the United States Di~trict COJrt of the Middle District of Pennsylvania, and all parties hereto consent and agree that jurisdiction aB1 venue for such proceedings shall lie exclusively within said court. Service of process in any such proceeding m.ay be made by certitiedmail, return receipt requested, directed to the respective party at the address aet forth above. 10. This Contract shall be birding upon the parties hereto, their heirs, successors, lIBsigns dM legal rep~sentatives, 11, TIME IS OF nlE ~ OF nus cnm.a.CT. tmlCE I ANY OOLDm OF '!HIS CONSUMm CRFl)IT CON'lRACT IS SUB.ID:r 'IO ALL ClAIMS AND m1NSE9 WHICH nlE DEBTOR COOLD ASSERl' AGAINSl' WE SE:l.l..m OF GOOOO OR SERVlCE:3 OBTAINED PVRSUANI' HEm:rO OR III'!H nlE POOCEID3 HE]ID)F. IIDXJI/m'{ IIDIDJNDm BY '!HE DEBTOR SiA1L oor EXcm> AMOONTS PAID 'EN '!HE DEm'OR IIDIDJNDER. tmICE TO BJi'mr (1) 00 NOT SIGN '!HIS AGREDID'IT BEroRE YOO RE1ID IT OR IF IT rotn'AINS ANi BLANK SPACE. (2) YOO lIRE Em'I1UD TO A roIPI.EIU.Y FIum-IN (X)f1'{ OF nlIS 1IGREaIENl'. (3) UNDER '!HE lAW. YOO HAVE '!HE RIGHI' TO PAY OFF IN 1IDVANCE nlE FUlL ~ DUE AND UNDER CERl'AIN CONDITIONS TO OBTAIN A PARTIAL REf\JND OF 1liE FINANCE <::tWm:, EmER(S) Aa<NOlILID3E(S) IID:EIVIl'K> A GWLErID a:F{ OF '!HIS <:om'RACf AND nrmID(S) TO BE WALLY rorno BY ITS 'IDlMS, 1/ BJi'm(S) I I AGREE TO REPAY ALL AMaJtrrS DUE ON nus LOAN IF '!liE OORROWm(S)/EJ.J'fER(S) FAIlS TO 00 00 IN ACCORDANCE WIlli ~/ TrnMS OF WE NOTE: &'I1JDEm' ro3IGNm r TRANSCRIPT OF A STUDE T'S RECORD WILL NOT BE RELEASED IF LOAN PAYMENTS TO THE COLLEGE ARE IN ARREARS OR DEFAULT. DA'IEr Dla<INroN (X)Ll..'E)3E 1. I '/- '7-/. 'EN O~-t.....-..-..,..-"-1 ---../ ,. .\.... , 4 SHERIFF'S RETURN - U,S. CERTIFIED "AIL CASE NOI 1996-03668 P CO""ONWEALTH OF PENNSYLVANIA I COUNTY OF CU"BERLAND DICKINSON COLLEGE VS. GREATHOUSE JOSEPH R ET AL & Thoma. Kline . Sheriff or Deputy Sheriff of CU"BERLAND County, Pennsylvania, who being duly swo~n according tu law, .erved the within named DEFENDANT. GREATHOUSE LOUISE E by United States Certified "ail postage prepaid, on the 3rd day of Julv 1996 . at 1~00100 HOURS, at 68-2 CRITTEND~N WAY ROCHESTER. NY 14623-1102 a true and attested copy of the attached ~O"PLAIHT The returned receipt card was signed by on 0/00/0000. Sheriff's Costsl Docketing Service Affidavit Surcharge CERTIFIED "AIL So answ,,,,)'s I )/ 6. 00 '/~I j : ~~ ,';,'- y/f;;J;-.1t'.Y' / 2.00 omas ne ~CNEES WALLACE & NURICK 07/29/1996 Sworn and sUbscr1bedn~.;,~~;ore me thifl IAr day of 19 CJt, A.U. - ~f ~ C~r~.rta'rr)' :l: FORWARDING ORDER EXPIRED "........... 1-.'..'. . ... . III - "'1)] "I (.) . &.:1'. ~. ['" I,; L :'~),,~";~,;,~:: '(' I' ,," \ ,."'; .' ,) It\, . ,. , . 'I ' 11" "'~ ~...'"' I l ,. !:\\"~' -...,,:.'.'. Y: "'J '" ," :', to! .. IlL . 'oJ I~ '... .1 h~'~ I !;j ,'I /7 l!J~' ~ 0>'((' :~}IJ jX:Y)) ,',,;: ,. ,.It ' \:. >". " ';i ""{ ~ ,. , J.- :' ai 1,.1 V :' ,i," ',r! . \ "j','; E ~~ I ! ..JI II) C :r lo ~\ /Tl II) II) CJ ,,\ ,.... II) LL~ Q. I II I ~, I JII~ , , I' I r' ,d; \, I ''\, h ~!~~ " l " 'i , ;l--- ; ,/'/1" , , " '!','I " , 'I i 1. I , , ' '" 'IO!Al..IdI-1I ulnaell BUlin 101 noA ~UlIIll , ' , ", j: ! I l lis I .11I.00 ~ I '" lUll ~ {J ODS !i ~ i" N I~! ~ i I I i~ j i I J i H I ~ II s I l ~ ,gOOD,..: .. ~ ; ! Ii ai' } j l i, N '( I ; ~ Ii 0 ..... ..... ~ I ; ! it I M i ~ ~ ~~ I ~ HI i h is ji .... ~ ' i ~ ~ >; l ~~~ ~ Ii I ~ :z .... . ~ ' ...... ,Iii ~I J W 'r-! Q) J 1>< tJ.... IUn II Ii ~ ,~ N ~ ... . .. M 3 ~ ~ on ..; J I I , ' , 1,;1 '\ " , i' I I,. ,<[ , " ' , l ~ '.' , ~ i ..: :, ~ ~ , & ~ LepJI 11/1.11 "41 uo PIII,dwoo lima" NllnUlllnoA "' I 1 ,., ,J I ')' , J I.' , 5, On or about September 24, 1990, Josllph and Louiae entered into an Educational Goods and Services Retail Installment Contract (" Second Cont ract") for expenses incurred for goods and servicea to be provided and rendered to Pollyanna by Dickinson during the 1990- 1991 academic year, A true and correct copy of the Second Contract is incorporated by reference and attached as Exhibit "B". 6. On or about October 7/ 1991/ Joseph and Louise entered into an Educational Goods and Services Retail Installment Contract ("Third Contract") for expenses incurred for goods and services to be provided and rendered to Pollyanna by Dickinson during the 1991- 1992 academic year. A true and correct copy of the Third Contract is incorporated by reference and attached as Exhibit "C". 7. On or about February 7/ 1992/ Joseph and Louise entered into an Educational Gooda and Services Retail Installment Contract (" Fourth Contract") for expenses incurred for goods and services to be provided and rendered to Pollyanna by Dickinson during the 1991- 1992 academic year. A true and correct copy of the Fourth Contract is incorporated by reference and attached as Exhibit "D". 8. On or about September 24/ 1992, Joseph and Louise entered into an Educational Goods and Services Retail Installment Contract ("Fifth Contract") for expenses incurred for goods and services to be provided and rendered to Pollyanna by Dickinson during the 1992- 1993 academic year, A true and correct copy of the Fifth Contract is incorporated by reference and attached as Exhibit "E". COUNT I Diakin.on v. Jo..oh and Loui.. Gr.athou.. Breaah of Contraat 9, Paragraphs 1 through 8 are incorporated herein by reference, 10. Under the terms of the First Contract, Joseph and Louise agreed to pay Dickinaon Four Thousand Nine Hundred Five Dollars and 00/100 Cents ($4,905.00), with interest at the initial rate of 11,792% per annum, in 152 equal monthly insta:lments of Sixty-two Dollara and Twenty-nine Cents ($62.29) commencing on October 30, 1989, 11, Under the terms of the Second Contract, Joseph and Louiae agreed to pay Dickinson Four Thousand Dollars and 00/100 Centa ($4,000.00), with interest at the initial rate of 10.80a per annum, in 140 equal. monthly installments of Fifty Dollara and Thirty-seven Cents ($50,37) commencing on October 28, 1990, 12. Under the terms of the Third Contract, Joseph and Louise agreed to pay Dickinson Three Thousand One Hundred Thirty Dollars and 00/100 Cents ($3,130.00), with interest at the initial rate of 9,495% per annum, in 128 equal monthly installments of Thirty-eight Dollars and Ninety-eight Cents ($38.98) commencing on October 28, 1991. 13, Under the terms of the Fourth Contract, Joseph and Louise agreed to pay Dickinaon One Thousand Seven Hundred Dollars and 00/100 Cents ($1,700,00), with interest at the initial rate of 9,50' per annum, in 123 equal monthly installments of Twenty-one Dollars and Sixty-seven Cents ($21,67) commencing on February 28, 1992. 14. Under the terma of the Fifth Contract, Joseph and Loui~e agreed to pay Dickinson Three Thouaand Two Hundred Dollan and 00/100 Cents ($3,200.00), with interest at the initial rate of 11.00' per annum in eight equal monthly installments of Twenty-nine Dollars and Thirty-three Cents ($29,33) commencing on October 28, 1992 and 72 equal monthly installments of Sixty Dollars and Ninety- one Cents ($60.91) commencing on May 28, 1993. 15, Under Section I of the First Contract, Second Contract, Third Contract, Fourth Contract and Fifth Contract (collectively "Contracta"), Joseph and Louise are jointly and severally liable for all sums due under the Contracts. 16, Section II of the Contracta provides that "[i] f 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, " 17, Section VI, Paragraphs 3 (a) and (b) of the Contracts provides that Joseph and Louiae "shall be deemed to have committed . an 'Event of Default' of the Contract upon the occurrence of .,. failure to make a payment on or before the date .it is due. [or] failure to make a payment on any other Contract outstanding with [Dickinson] . " 18. Section VI, Paragraph 4 of th~ Contracts provides that if an Event of Default of the Contracts occurs, and is not cured by Joseph and Louise pursuant to the notice of default, Dickinson has "the right to declare all sums due on the Contracts to be immediately due and payable," 19. Section VI, Paragraph 4 of the Contracts further provides that Joseph and Louise "agree II to pay all attorney's fees and other reasonable collection costs and charges necessary for the collection of any amount not paid when due," 20, Joseph and Louise defaulted on the First Contract by failing to make the required monthly payments due and owed to Dickinson since July 19, 1993. 21. Joseph and Louiae defaulted on the Se=ond Contract by failing to make the required monthly payments due and owed to Dickinson since July 19, 1993. 22, Joaeph and Louise defaulted on the Third Contract by failing to make the required monthly payments due and owed to Dickinson since March 2, 1994, 23. Joseph and Louise defaulted on the Fourth Contract by failing to make the required monthly payments due and owed to Dickinson since July 19, 1993, 24, Joseph and Louiae defaulted on the Fifth Contract by failing to make the required monthly payments due and owed to Dickinson since July 19, 1993. 25, Notices were forwarded to Joaeph and Louise informing them of their defaults and their right to cure such defaults, 26. Joseph and Louise failed to cura such defaulta, 27, Therefore, Dickinson has exerciaed its right to declare all sums due on the Contracts to be immediately due and payable, 28, Joseph and Louise have failed to make such payment, 29, The total amount of principal which has become immediately due and payable to Dickinson by Joseph and Louise pursuant to the First Contract is Four Thousand Two Hundred Twelve Dollars and Seventy-five Cents ($4,212,75), plus interest of Nine Hundred Fifty-four Dollars and Fifty-three Centa ($954,53), interest of 1,151 Centa per day as of May 14, 1996, plus attorneys' fees, collection costs, andlor late fees of Two Hundred Forty-si~ Dollars and Twenty-four Cents ($246.24) as of May 14, 1996, 30, The total amount of principal which has become immediately due and payable to Dickinson by Joseph and Louise pursuant to the Second Contract is Three 'l'housand six Hundred Eighty-Eight Dollars and Ten Cents ($3,688,10), plus interest of Eight Hundred Seventy Dollars and Sixty-two Centa ($870.62), interest of 1.007 Cents per day as of May 14, 1996, plus attorneys' fees, collection coats, andlor late fees of Seventy-five Dollars and 001100 Cents ($75,00) as of May 14, 1996. 31, The total amount of principal which has become immediately due and payable to Dickinson by Joseph and Louise pursuant to the Third Contract is Three Thousand Seventy-Nine Dollars and Twenty-three Cents ($3,079,23), plus interest o'f six Hundred Ninety-eight Dollars and Ninety-one Cents ($698,91), interest of .841 Cents per day as of May 14, 1996, plus attorneys' fees, collection costs, andlor late fees of Fifty-three Dollars and Nineteen Cent a ($53,19) as of May 14, 1996, 32. The total amount of principal which has become immediately due and payable to Dickinson by Joseph and Louise pursuant to the Fourth Contract is One Thousand Seven Hundred Dollars and 00/100 Cents ($1,700.00), plus interest of Four Hundred Forty-one Dollars and Twenty- five Cents ($441. 25), interest of ,464 Cents per day aa of May 14. 1996, plus attorneya fees, collection costs, andlor late fees of Thirty-three Dollars and Eighty-six Cents ($33.86) as of May 14, 1996. 33, The total amount of principal which has become immediately due and payable to Dickinson by Joseph and Loube pursuant to the Fifth Contract ia Thre,e Thousand Two Hundred Dollars and 00/100 Cents ($3,200.00), plus interest of One Thousand Thirteen Dollars and Seventy-two Cents ($1,013.72), interest of ,961 Cents per day as of May 14, 1996, plua attorneys' fees, "ollection costs, andlor late fees of Three Hundred Twenty Dollars and ~~ven Cents ($320,07) as of May 14, 1996, WHEREFORE, Plaintiff Dickinson College demands judgment against Defendants Joseph and Louise Greathouse in the sum of Fifteen Thousand Eight Hundred Eighty Dollars and Eight Cents ($15,880,08); interest of Four Thousand Nineteen Dollars and Three , ' r r DIO<INOON CXJLUJ3E ~IBLE FINANCIOO 6Y5'IDt - 7000 PLAN EDJC1ITIONAL GCXlOO AND BmVlcm RETAIL INSTAllllENl' 00N1'RACl' Date October 13, 1989 D.lyer(lS) I Dickinson College, Carlisle, Pennsylvania 17013 Joseph R. and Louise E. Greathouse Rt. 1. Box 79-3 PurcellYl11e. VA 22132 I. SelleI'I If there is more than one Buyer. each of you will be obligated, jointly and severally. tor all S\IlIlB due an:! for the performance Qf all agreements as provided in this Contract. Under the terms of thia Educational Goods and Services Retail Installment Contract, yoo have agreed to pay the expensea incurred tor goodB an:! servicea to be provided an:! 'randered, lIB the case may be. to Pollyanna . (hereinafter "Student") during hislher enrollment at Dickinson College during the 1989-90 academic year, including tuition, room an:! board, books an:! supplies lIB herein stated (hereinafter the "Goods and Services"). The Goods and Ser/ices shall include only tuition, room and board, . II. TrnMS OF PAYMENI' AND PAYMENI' SCHEroLE Diaclosures Required by Federal Law ANNUAL PmcENTAGE FIHANCE CHARGE: AMOOm' FINANCED: 'I'OTAL OF PA'iMENTS: T01'AL SALE RATE: · Dollar amount Amount of credit Amount paid by PRICE: Coet of crooi t as credit will provided by Buyer lIB total at Total cost ot yearly rate coat Buyer Dickinson College all scheduled purchase on payments credit, in- cluding down payment ot $ 12,395.00 11.792 % $ 4,563.08 S 4,905.00 $ 9,468.08 :Ii 17,300.00 Rev 9/89 . . IV. CRmIT INSUIWK:E Cl"edit lite insurance tor the tenD ot thie Contract is not ~ired. r r V. NO WTlAAANTIES 'I1imE ARE t-k) WAAAANTIEE, EI'I'Hrn EXPIID3SED OR IMPLIED. G IIJE}l rri 6El.l..m IN o:>NNfX:"l'ION Wl'llf SALE OF iHE GOODS AND SERVICES CX)IJmED B'l 'llfIS <XJtn'RACT UNLESS 00Ym HAS ~ GIIJE}l A SEPARATE WRITTEN WARRANT'{. VI, ADDITION1IL PROVISIONS 1, B.1yer agrees to pay Seller the Total Sale Price by making the total down payment and payil'9 Seller the Total ot Paymente in the ll-1IDber and amount ot IIIOnthly paymente shown in the Payment Schedule, l'ayments are due on or betore the same date of each month as the first payment date, Payments IIlUSt be made to Firat Wachovia, Inc, at the following addreeal First Wachovia, Inc, P.O. Box 70095 Charlotte. NC 28272-0095 2. :9..lyer's legal righta include the right to pay all or part ot the amounts due on this Contract in advance ot their due dates, to obtain a refund or credit of unearned Finance Charge whenever the amount ia paid in full in advance. and (with Seller's consent) to reinstate the Contract it Buyer timely curee any default, 3, :9..lyer shall be deemed to have committed an "Event ot Default" of the Contract upon the occurrence ot any of the tollowingl (a) tailure to make any payment on or betore the date it is dUd, (b) failure to make a payment on any other Contract outstanding with Seller. (c) tailure to perform any other provision ot the Contract. (d) providing Seller with false information or signaturea. (e) death. incompetence. or conviction of any Buyer of crime involving fraud or dishonesty, (t) insolvency or bankruptcy of any Buyer. 4, Upon or after the occurrence of any Event of Default, Seller will provide Buyer with notice, by certified mail lIB required by law. addr'.!ased to Buyer'a last known addreaB as shown on Seller's record5, adviaing Buyer ot the default an:! of :9..lyer's right to cure the detault. The notice will provide the time. amount and performance neceesary to cure the default. It Buyer doea not cure the default as provided in the notice, Seller's righta shall include the right to declare all sums due on the Contract to be immediately due and payable. The Buyer agreea to pay all attorney's fees an:! other nlllSoMble collection coata and chargea neceasary for the collection of any amount not paid when due. 5, Waiver by Seller of any Event of Default ahall not be binding upon Seller if Seller should thereafter choose to exercise that or any other right or a aimilar Event of Default occurs later. All Seller's rights and remedieB shall be cumulative. Seller's eXllrciae ot one or more righte shall not cause Seller to lOBe any other righte. 6. This Contract is freely lISsignahle by Seller, Buyer agrees that upon receiving notice of the assignment Buyer ahall be obligated to the Assignee of this Contract, which Assignee shall have all of Seller'B right and remediea. 3 .. . r r 7. It any part of this Contrllct is held to be illegal, void Ok' unenforceable, that provision shall be deemed not to have been a part ot this Contract. which shall otherwise remain fully effective, . 8. APPLIClIR!F. LAllI This Agreement, whenever called upon to be construed, shall be governed by the domestic internlll laws of the commonwealth of Pennsylvania except to the extent supplemented. superaeded or preempted by federal law. 9, (X)N~ TO JURISDICTION, VENUE AND srnVICEI The parties to this Agreement consent aM agree that all legal proceedinga rel(!ting to the subject matter hereot shall be maintained in the Court of Common PlellB of C\Jmberland County. Pennsylvania, or. it applicable, the United States District Court of the Middle District of Pennsylvania, and all parties hereto consent aM agree that jurisdiction and verole 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 biooing upon the p.Jrties hereto, their heirs. BUCCeeSOnl. aesigns aM legal representativea. l.1, TIME IS or' 1HE ffiSENCE OF nus O:JmRAcr. NOTICE: ANY HOWER OF TIllS cx)N5UMER CREDIT O:JNlRAcr IS SUBJECT TO ALL CUlIMS AND D~SES WHICH 1llE DEBTOR COOLD ASSERI' AGAINST 1HE SEI.J..rn OF GOODS OR srnVICES OBTAINm PURSUANT "'~IU ORWrnl 1HE PROCEEre HERIDF. 1IDXJVffi'{ HERSJNDffi BY 1llE DEBTOR SH1\1.L NOT EXCEED 1IMCJJlml PAID BY 1HE DEBTOR HERE1JND~. NOTICE TO!JJYER: (1) 00 NOT SIGN nus AGRWIDrr BEFORE YOO READ IT OR IF IT COOl'AINS ANY BLANK SPACE. (2) '100 lIRE EmI1UD TO A OO>IPlBIUY FILLID-IN CX)PY OF nus lIGREEIDIT, (3) UNDER niE LAw. '100 HAVE 1HE RIGHT TO PAY OFF IN ADVANCE 1llE F\1LL AMOUNT WE AND UNDER CERTAIN CONDITIONS TO OBTAIN A PARTIAL ID1JND OF 1HE FINANCE CHARGE. EUi'ER(S) ACKNOWLIDlE(S) REX:EIVING 11 COMP BE LIDAU.Y ITS 'rnlMS. COpy OF THIS CONTRACf AND Hm:ND(S) TO !JJYER(S) : "" " I AGREE TO REPAY ALL AMOIJI'ITS DUE eN THIS LOAN IF 1llE OORI\OWER(Sl/BU'iER(S) FAIUj TO 00 so IN ACCORDANCE wrnl 1HE TERMS OF 1HE ~ S11JDOO "",,"'" ~UI/;W' "'-- ~~ Dl'\TE: OICI(INSON COLLEXlE /0/13/$? , , BY ~J'- 4 " . r r DICI<INSJN OOr.u.m: FLEXIBLE FINANCIl<<l SYSTEM - 7000 PLAN IDICATION1IL GOOOO AND srnVIcm RETAIL IN~AIlJID(I' COt-rmACT Date SeDtember 24. 199~ If there is more than ene Buyer. ellch of you will be obligated. jointly an:! severally, tor 1.1.11 6UlIl8 due and for the pllrtol1lldnce ot all agreemllnts as provided in thla Contrdct. Under the terms ot this lliucatlonal Goods and Services Retd11 Installment Contract, you have agreed to pay the expenses incurred tor gooda an:! services to be provided and rendered, as the case may be, to Pnlly.nna (hereinafter "Student") during his/her enrollment dt Dickinson College during the 1990-91 6cademic year, incllJding tuition. room and board. books an:! supplies as herein stated (hereinafter the "Goods and Services") . The Goods an:! Services ahdll include only tuition, room an;!. board. . II. TERMS OF PAYMENT AND PAYMENI' SCHEDULE Diaclo:3ures Required by Federal Law ANNUAL PERCEmAGE RATE: * Cost of credit as yearly rdte FINANCE CHAA3E I Dollar amount credit will cost fuyer A/>O.MI' FINANCED: Amount of credit provided by Dickinaon College rorAL OF PAYMENlS: Amount paid 171 Buyer as total of all acheduled paymenta TOTAL SALE PRICE: Totdl coat ot purchllBe on credit, in- cluding down payment ot 10.801 % :Ii 3,051.80 $ 4,000.00 $ 7,051.80 $ $ 14,630.00 18,630.00 ,0 " .,., Rev 9/89 . ' r IV, CRrnIT INSURANCE (" Crooit I ife lllBlu'anc-~ tOI' the t'1Ym c'~ thl6 Contr.1ct, 16 not t'~'JUired. V, NO WARr\WI'IES 'I'liE!<E ARE NO W1IRRWI'IES. EI'Ilirn EXPIID3SED OR IMPLIFD, GIVEN BY SEI.l..F.R IN CONNa'-rION WInt SALE OF THE GOODS AND srnVICES COVERED BY nns CONTRACT lJNU}3S BllYm HAS BErn GIIJEN A SEPARATE WRITTEN W1IRIWI'li'. VI. ADDITIONAL PROVISIONS 1. B-lyer agreee to pay Seller the Total Sale Price by rne.klng the total down payment and paYlng Seller the Total of Payments in the number and amount ot monthly payments shown in the Payment Schedule. Paymenta are ~Je on or before the same date of each month as the first payment date. Payments must be made to FIrst Wachovia, Inc. at the tollowing address, First Wachovia, Inc, P.O. Box 70095 Charlotte, NC 28272-0095 2. Buyer's legal rights include the right to pay all or part of the amounts due on thie <;ontract in advance of their due dlltes, to obtain a refund or cr~it ot unearned FiMnce Charge whenever the amount :Is paid in tull In advance, and (with Sallel"s consent) to reinetate the Contract it Buyer timely Cl~e6 any detault, 3. BJyer shall be deemed to have committed an "Evtlnt ot Default" ':if the Contract upon the occurrence ot any ot the tollowing: (a) failure to rne.ko any payment on or befol'e the date it is due, (b) failure to rne.ke a payment on any other Contract outatanding with Seller, (c) f<lilure to perform any other provision of-the Contract, (d) providing Seller with talse infot~ation or signaturea. (e) death, incompetence, or conviction of any Buyer ot crime involVing fraud or dishonesty, (f) insolvency or bankruptcy of any aLyer. 4. Upon or after the occurrence ot any Event of Default. Seller will prOVide Buyer with notice. by certified mail as requir~ by law, addressed to Buyer's last known addrese as shown on Seller's recorda. adviaing Buyer of the detault and of Buyer'a right to cure the default. The notice will provide the time, amount and perfol1ll4nce necessary to cure the detault. It Buyer does not cure the detault as provided in the notice. Seller's righta shall include the right to declare all aumB due on the Contract to be immediately due and payable. The Buyer agrees to pay all attorney's tees and other reasonable collection coats and charges necessary for the collection of any amount not paid when due. 5. Waiver by Seller ot any Event ot Detault shall not be bin:!ing upon Seller it Seller should thereatter choose to exercise that or any other right or a similar Event ot Default occurs later'. All Seller's righta am remediea shall be cumulative, Seller's e:<ercise ot one or more rights shall not cause Seller to lose any other rights. 6, Thie Contract is treely essignable by Seller. Buyer agrees that upon receiving notice ot the assignment BJYlll" s11al1 be obi igated to the Aesignee ot this Contract. which Assignee shall have allot Seller'a right and,.rellledies. . 3 '~, It ~y part of thhs con~!:..t is held to be illegal. void r ~enforc~able, that provision shall be deemed not to have been a part of this Contract. which shall otherwise remain fully effective. 6, APPLII':1RII" LAWI Thill Agreement. whenever called upon to be construed, I9hall be governed by the domel9tic internal laws of the COllllllOnwealth of Pennsylvania except to the extent eupplemented. superseded or preempted by federal law, 9, CONSDrl' TO JURISDICTION. VENUE AND srn\IICE: The partiel9 to thia Agreement consent and agree tha~ all legal proceedings relating to the subject matter hereot I9hllll be maintained in the Court ot COCIlIDon PlellB of ClJmberlan:! County, Pennsylvania, or, if applicable, the United Statea District Court of the Middle Diatrict of Pennsylvania. and all partiel9 hereto consent and agree that jurisdiction and venue tor such proceedings I9hall lie exclU19ively within said court, Service of procesl9 in any such proceeding may be made by certified mai I, return receipt requested. directed to the respectiVe party at the address lIet forth above. 10, Thil9 Contract I9hall be binding upon the partles hereto, their heira, succeseore. 118l9igna an:! legal representatives. 11, TIME IS OF 1HE E5SE}lCE OF nus COl'lrnACT. NOTICE: 7INV HOLD~ OF nus O:JNSUMffi CREDIT O:Jl'lrnACT IS SUB:JEX:'T TO ALL CLAIMS AND DEfnl:ml WHIOl TIiE DEBTOR COOL.D ASSERT AGI\INST 'lliE SEI..Lrn OF GOODS OR srnVICES OBTAINED PURSUANT I1l:Ht:;IO OR WInt 1HE PROCE:IDl IIDm)F, REXX)VERY HmE1JND~ BY 'lliE DEBTOR SI-Wl.. NOT EXCEED AMOOm'S PAID BY 'mE DEBTOR HERIDNDffi. NOTICE TO l3l.IYm: (1) 00 NOT SIGN ntIS AGREEMENT BEFORE YOU READ IT OR IF IT <x)NTAINS ANY BLANK SPACE. (2) YOO ARE ENTI1UD TO A cx:x.IPLEI'ELY FlUID-IN O:JPY OF ntIS AGRE>>IDIl', (3) UND~ 1HE LAW, YOO H1\VE niE RIGHr TO PAY OFF IN ADVI\NCE 1HE ruu. AMOUNT DUE AND UNDffi CElID.IN CONDITIONS TO omIt-{ A PAATIAL REfUND OF 1HE FINANCE OMGE. . E1.JYm(S) AOOIOWl..ED3E(S) REX:'EIVING A cx:x.IP BE l.eJALL'i rouND BY ITS. TERMS. E\J'iER(S) : COPY OF nus O:Jl'lrnACT AND INTEND(S) TO I AGREE TO REFAY ALL AMOUlml OOE ON ntIS WAN IF'l1iE OOROOWER(S)/BUYE1HS) FAILS TO 00 so IN ACCORDANCE WInt.1J2~ OF 1HE rm;)j ~! STUDENT OOSIGNffi ~411.A1rV ~ DATE: DI C1<I NOON 0:JI.l.El3E ~biJ q 0 PN. ~~ \!., ,- 4 .. r r DIO<INSON COLLEXlE FLEXIBLE FINANCIOO SYBTDI - 7000 PLAN mJCATIONAL GOOOO AND SEINICE5 RE:rAIL IN5I'MlJImr cotrrAACT Date October 7, 1991 I. Seller: Dickinson College, Carlisle, Pennsylvania 17013 Buyer(s)t Joseph R. and Louise E. Greathouse R.D. II, Box 597 Portage, PA 15946 It there ia DIOre than one 8..lyer, each ot you will be obligated, jointly an:! severally. tor I!Ill BUIII8 due 1!In:! for the perforlllllnce of all agreements Il5 provlded in this Contract, Under the tenDS ot this Educational GoodB and Servicea Rlltail Installment Contract. YOll have agreed to pay the "xpf.lnses incurred tor goods and servicea to bl!l provided an:! rendered, as the case may be. to Pollyanne Greathouse (hereinafter "Student") during hiBlher enrollment at Dickinson College during the 1991-92 academic year. including tuition. room an:! board. books an:! supplillS as herein stated (heYeinatter the "GoodB and Services"). The Goods and Services shall include only tuition, room and board. . II. TrnMS OF PA'iMEtlT AND PAYMENI' SCHEDULE DisclO5l1res Required by Federal Law ANNUAL PrncENI'AGE FINANCE CHAR3E: AMO.MI' FINANCED: T01'AL OF PAYMEm'S: TOrAL SALE RATE: * Dollar amcunt Amount of credi t Amount paid by PRICE: Cost of credit as credit will provided by Buyer as total of Tota 1 cost ot yearly rate cost Buyer Dickinson College all scheduled purchase on payments credit, in- cluding down payment of :J 16,850.00 9.495 % $ 1,859.44 :s3,130.00 :s4, 989.44 S 19,980.00 Rev 9/89 (" ,.- Buyer's payment schedule will be llIS follOWSt tluDber ot paymente 1\molltlt of Payments When Payments are Due 128 .Variable Ratet $38.98 Monthly cOIIlIIlencing until ~/?A/n? 1nJ?A/Q1 The ANNUAL PmCmrAGE RATE disclosed abovo is a variolla rate andlllllY change. The ANNUAL Pma:NrAGE RATE IIlllY increlllSe durirq the term ot thhl transaction if the prilDll rate of intereat announced in the Wall street Journal as of the close ot business on June 30 ot each calen:1ar year increllSea. and will be increllBed to the prime rate plus 1%. The ANNUAL PmCENTAGE RATE wi II not inc.-reaso more than once a year. and the new interest rate will become effective on July 1 following the Increase. it any, in the prime rate of intereat, Any i~ase will be in the form of higher payment amounts, It your cost of the Goods and Servicea sold hereun:1er were $ 3.130.00 at 9.500 % pol' llMUIIl tor J2.8... months. and the prime rate plus 1% were increased to 10.500 '. your regular monthly payments would increase to S 40.74 ,F\irther. the ANNUAL PEmNI'AGE RATE will not increase to DIOre than 18% or such other rate as may be permitted under the Pennsylvania Goodll and Services Installment Sales Act. . It a payment is more than 15 days late, a BUIll equivalent to !5% of the late payment (rot no lDOre thon 52,50 an:! not less than $1.00) may be charged . fuyer may prepay the unpaid balance of the Amount Financed an:! any FINANCE OI1IRGE due through the date of early payment, in tull or in part, without penalty, SEE SEcrION VI OF nlE OJNIRACT BELOW FOR Wi 7\DDITIONAL INFORMATION AIDJI' NON-PAYMEm. DEFAULT AND REXlUIRrn REFAYMEm' BEFORE TIlE SOiIDJLFD DATE FOR m>AYMnlT OF TIlE AM:XMr FINANCED . Late Olarge t Prepayment: III. ITEMIZATION OF >>OJm' FINANCED 1. Cash price of GoodB arrl Services t S 19.980.00 2. Total down payment: 16.850,00 3. Unpaid balance of cash price (1 - 2): 3.130.00 4. Amount paid to others on BJyer's behalf t -0- !5, Amount Financed (3 + 4) : S 3,130.00 2 . . r r IV. CREDIT INSURANCE Credit lite insut'ancll fot' the tt'rm of this Contr(lct IS not requirl!d. V. NO WARRANTIES 'IHmE ME NO lIARRANTIC3, EI1lirn EJ<PRmm) OR IMPLIED, GIVE}/ BY ~ IN CONNa"TION WI1ll SALE OF 1HE GOJI)3 AND srnvIcrn COVEmD BY 1llIS com"AAcr UNl...E'3S WYEI/ HAS Bf>>I GIVE}/ A SEFARATE WRI11'rn WARRAmY. VI. ADDITIONAL POOVISIONS 1. DJyer agreell to pay Seller the Total Sale Price by making the total down payment and paying Seller the Total of P~yments in the number and llIIlount of monthly payments shown in the Payment Schedule, Payments are due on or before the same date of each IIIOnth as the fit"5t payment date, Payment6 must be made to First Wachovill, Inc. at the following addresa: First Wachovia, Inc. P.O. B:>x 70095 Charlotte, NC 28272-0095 2. DJyer's legal rights include the right to pay all or part of the amounts due on this Contract in advance ot their due dlltea, to obtain 01 refund or credit of unearned Finance Charge whenever the llDlount ia paid In full in advance, and (with Seller's consent) to reinstate the Contract it DJyer timely cures any default. 3, DJytlr ahall be deemed to have committed an "Event of Default" <Jf the Contract upon the occurrence of any of the following, (a) failure to make any payment on or before the dat.e it i6 due. (b) failure to make a payment on any othet. Contract out6tan:!ing with Seller, (c) failure to perform any other provision of the Contract. Cd) providing Seller with tlllse inforllllltion or aignatures, (e) death, incompetence, or conviction of any Buyer of crime involving fral.ld or dishonesty, Cfl insolvency or bankruptcy ot any BJyer. 4, Upon or after the occurrence of any Event of Default, Seller will provide Buyer with notice. by certifil!d mail as required by law, addressed to fuyer'6 last known address as shown on Seller's records. advising Buyer of the default an:! ot Buyer's right to cure the default. The notice will provide the time. amount ard performance necessary to cure the default. It fuyer does not cure the detault lIB provided in the notice, Seller's rights shall include the right to declare all 6UIIIB due on the Contract to be immediately due arxI. payable. The BJyer agrees to pay all attorney's teea and other rellSonable collection coats and charges necessary for the collection of any lllIlount not paid when due. 5, Waiver by Seller of any Event ot Default shall not be binding upon Seller it Seller should thereafter choose to exercise that or any other right or a similar Event of Default occurs later. All Seller'a rights and remedies shall be CUlDUlative. Seller's exercise of one or more rights shall not cause Seller to lose any other rights, 6. Thill Contract is treely assignable by Seller, Buyer a!JY'f.!ea that upon receiviOJ notice of the aasignment fuyer shall be obligatl!d to the Assignee of this Contract, which Assignee shall have all of Seller's right and remedies. 3 . , (' r 7, It any part of this Contract is held to be illegal. void or unenforceable, that provision shall be doelDed not to have been a part ot this Contract, which llhall otherwise remain fully effective, e. lUlPLIl"lRl J! LAWI This Agreement. whenever called upon to be constn.led. shall be lJOIIerned by the doIDestic internal laws of the eo.onwealth of PeMISYlvania except to the extent supplemented. lUl*rseded or preempted by federal law, 9, ~ 10 JURISDICI'ION. VENUE AND BmVICEI The parties to this ~ment consent ard agree that all legal proceedingB relating to the ISUbJect IIllltter hereof shall be lIlllintained in the Court of COlIlIDOI'\ Pleas of <lImberlard County. PeMISYlvania. or. if applicable, the United states District Court of the Middle District of Pel'VlS)'lvania. ard all parties hereto COI'IIIlInt and agree that juriediction ard vernle for INCh proceeclingB shall lie exclusively within said court, Service ot PloceSll in any euch proceeding may be made by certified Mil. return receipt requested. di~cted to the respective party at the addren set torth above. 10, This Contract ehell be binding upon the parties hereto. their heirs, BUcceSllOrB. lIBsigne ard legal representatives, 11, TIME IS OF TIlE msna OF nUB a:mRACT, NOTICE: ANY KlID~ OF ntIS CXlNS\JIoCm CREDIT OON'I'RACT IS WB.JEcr TO ALL CLAIMS AND ~ '...lIHIOI TIlE D~ caJLD ASSml' AGAINST 1HE SE1.I..!R OF GCXal ~ BmVIaE OBTAINm PURSUANT HmE'ro OR WInt TIlE PRO .:to] e HimX>F. REXXl\IFRi HmE1JND~ FN 1HE DEm'OR SlW.L oor EXCEm >>OJNI'S PAID FN TIlE IJU:ll~ ~. NOTICE 10 a.J'iER: (1) 00 oor SIGN ntIB AGRf>>(ENl' lltiU<!:: YOO READ IT OR IF IT OONrAINS ANY BLANK SPACE. (2) YOO ARE mI'IlUD 10 A CXIlPLEIUY FIlLID-IN rxPi OF nllS AGREDmn', (3) UND~ 1HE LAW. YOO HAVE 1HE RIGKl' 10 PAY OFF IN ADVANCE TIlE F\JLL ~ IXIE AND IJtlI& cmrAIN CONDITIONS 10 OBl'AIN A PARTIAL REr'1JND OF 1HE FINANCE QWtGE, armHS) AOOIOWLEOOE(S)'~I~ A (XHl~ ~ OF ntI, S, CONTRACT AND Itrn}lJ)(S) 10 BE W3AILY OOUND FN ITS~. I C/ ' >' ,t' a.J'iER(S) I ' :" "~d-dL, 'X;;: '\~Jit(ttltLU<LL/ ~~'<--:I ~ -' I AGR>>: 10 ....Y AlL llIIXINIS WE 00 nus , 1HE """""''''IBJ'lfll<'' fAIUl 10 00 00 IN ACCORDANCE WI1li Tm4S OF TIlE . ,mrot"""'''''''' 'l'J/ 11(#.1141 II.-Id-~- DATE: DICKINOON OOLI.mE I 0 .., '7 - q I FN C5J->J R.___ 4 .' r r DIO<INOON 0:JlJ..E)3E FLEXIBLE FINANCING S'iS'l'E)( - 7000 PLAN EDUCATIONAL GOOOO AND srnVIcrn RErAIL INSTAI.IJ.fE}Tl" O:JN'mACf Date February 7, 1992 If there is 0001'0 than one Buyer. each of you will be obligllted, jointly and severally. tor all BUDI8 due ~nd for the ptlrformance ot all agreements aB provided in this Contract. Under the terms of this Educlltional Goods and Services Retail Installment Contract, YOll have agreed to ~y the expenses incurred tor gooda and services to ~ provlded and rendered, as the case may be. to Poll ann Greathouse Cherllinatter "Student") during his/her enrollment at Dickinson College durirq the 99-, academic year, incl.Jding tuition, room and board. books an:! suppliea as herein stated (hereinatter the "Goods and Services"), The Goods an:! Services shall include only tuition, room and board. . II. TrnMS OF PAYMrnl' AND PAYMEm' SCHEDULE Disclo61.lres Required by Federal Law ANNUAL PERCENI1,GE FINANCE CHARGE: A/>O.MI' FINANCED: TOrAL OF PAYMENrS, TOI'AL SALE RATE: * Dollar amount Amount of credit Amount paid by PRICE: Cost of credit as credi twill provided by Buyer as total ot Total cost of yearly rate cost BJyer Dickinson College 1111 scheduled purchase on payment,s credit. in- cluding down ,payment ot $ 18.280.00 9.50 % $ 966.14 $ 1.700.00 :5 2 .666.14 $ 19.980.00 ,. , ' Rev 9/89 (' r BJyer's payment achedule will be lIB follows: Number of Payments Am~t of Payments When Payments are D.1e 123 $21.67 Monthly commenci~ 2/28/92 until 5/28/02 . .Variable Rate: Late Olarget The ANNUAL PrncrnrAGE RATE disclosed above is a varidble rate an:! may change. The ANNUAL PmcmrAGE RATE may increase during the tel'1D of thia transaction if the prime rate of intereat announced in the Wall street Journal as of the close of b.Jsiness on June 30 of each calendar year increases, and wi 11 be increased to the prime rate piUS 1%. The ANNUAL PEllCENrAGE RATE wi II not increase more than once a year, and the new intereat rate will become effective on July 1. tollowing the increase, it any, in the prime rate of interest. Any increase will be in the fol'1D of higher payment amounts. If your coat of the Goode and Services sold hereunder were $ 1.700.00 at 9.50 % per annum tor ..1ll.... months, an:! the prime rate plus 1% were in~lIBed to 10.50 %. your regular monthly payments would increase to S 22.62 . FUrther, the ANNUAL PERCENrAGE RATE will not increase to more than 16% or such other rate as may be permitted under the Pennsylvania Goods an:! Servicea Installment Sales Act. It a payment ia DlCre than 15 days late. a sum equivalent to 5% of the late payment (but no more than $2.50 and not lesa than $1.00) may be charged . fuyer may prepay the unpaid balance ot the Amount Financed an:! any FINANCE CH7IRGE due through tlie date of early payment. in full or in part, without penalty. SEE SEcrION VI OF TIlE <X:l!'lmACT BELOW FOR Wi ADDITIONAL INroRMATION AB:llTI' NON-PAYMENT. DEFAULT AND RroJIRID REFAYMEm BEFORE TIlE SCHElX.1UD DATE FOR REFAYMmI' OF 1HE AM;UlI' FINANCED. Prepayment 1 III, ITEMIZATION OF AMOUm' FINANcm 2. Tota 1 down payment: 3. Unpaid balance of cash price (1 - 2)1 4. Amount paid to others on Buyer's behalf: 5. Amount Financed (3 + 4): $ 19,980.00 18,280.00 1,700.00 0 $ 1,700.00 1. Caah price of Goods aM Services: ,. .. ,- ' 2 , , r r IV, CRrnIT IN:3tJRANCE Cr~1it 1 i fit' irlBUnn,:o:> for thll tp.Y1ll ,,1' th 16 Con~.r'lct. IS not t'lt'quirll'd. V, NO WARRAm'IE:s 'IliERE ME NO mAANTIES, EIlHER EXPRffiSD) OR IMPLUD, GlVEll BY SEIJ..m IN O:JNNa..'1'ION WI'Ilf SALE OF 'IrlE GOODS AND srnVlCES covrnrn BY 'IlfIS CO/'TIl1Acr UNl..ESS BlNrn HAS BmI GIVEN A SD"AAATE WRITInI WAR.RANIY, VI. ADDITIONAL POOVISIONS 1. Buyel" agrees to pay Seller the Total Sale Price by making the total down payment and Pdying Seller the Total of Pllymenta in the number an:! amount of monthly payments shown in the Payment Schedule. Paymenta are due on or before the same date of each month as th~ first paymp.nt date. Payments must be made to Firat Wachovia, Inc, at the following addreaa t Firat Wachovill, Inc. P,O. Box 70095 Charlotte, NC 28272-0095 2. Buyer's legal rights include the right to pay all or part ot the lllDOUnts due on this Contract in advance of theil" due datea. to obtain a refun:1 or credit of unearned Finance Charge whenever the amount is paid in full in advance, and (with Seller's consent) to reinatate the Contract if Buyer timely cures any default. 3. Buyer ahall be deemed to have committed an "Event of Defaul t" of the Contract upon the occurrence of any of the following: (a) failure to make any payment on or befol'e the date it is due, (b) failure to make a payment on any other Gontrllct outstan:!ing with Seller. Ie) failure to perform any other provision of the Contract. Cd) providing Seller with talse information or signatures, (e) death, incompetence. or conviction of any Buyer of crime involving fraud or dishonesty, (f) insol veney or bankruptcy of any BJyer. 4. Upon or after the occurrence ot any Event ot Detaul t. Se lieI' 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 an:! ot Buyer's right to C1.tre the default. The notice will provide the time, amount an:! perfoYlllllnce neceesary to cure the default, If Buyer does not cure the default aa provided in the notice. Seller'a rights shall include the right to declare all BUIIlB due on the Contract to be immediately due an:! payable. The Buyer agreea to pay all attorney's fees and other reasonable collection costs and charges necessary for the collection ot any amount not paid when due. 5. Waiver by Seller of any Event ot Default shall not be bin:!ing upon Seller it Seller should thereafter choose to exercise that or any other right or a aimilar Event ot Default occurs later. All Seller'a rights and remedies shall be cumulative, Seller'lI exercise of one or more rights shall not cause Seller to lose any other rights. 6. This Contract is treely assignable by Seller, Buyer agreefl that upon ~ceiving notice of the assignment Buyer shall be obligated to the Assignee ot this Contract. which AsSignee shall have all of Seller'a right.anaremedies. .,. .- 3 . . r r 7, It any part ot this Contract is held to be illEl\]al. void or unenforc~able. that provision shall be deemed not to have be~n a part ot this Contract, which shall otherwise remain fully etfectlve. 8. APPLIC1>RIF !.1IW: Thia Agreement, whenever called upon to be construed. shall be governed by the domestic internal laws at the Commonwealth of Pennaylvania except to the extent supplemented, Il\Jperseded or preempted by federal law. 9, CONBEN1' TO JURISDlcrIQN, vnNE AND smvICEt The parties to this Agreement consent and agree that all legal proceedings ~lati"l\l' to the subject matter hereof shall be maintained in the Court of Common PlellB of CUmberlan:! County, Pennaylvania, or, it applicable. the United States District Court of the Middle Diatrict of Pennsylvania. an:! all parties hereto consent an:! agre.., that juri3dlction an:! venUe tor 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 addresa set torth above, 10. This Contract ahal1 be binding upon the parties hereto, their heirs, Il\Jccesaors, aBaigns and legal repreaentatives. 11. TIME IS OF 1liE ~CE OF lllIS O:JN'I'RACT. NOTICE: ANY HOLDER OF 'IllIS O:JNSUMER CREDIT O:JN'I'RAcr IS SUB.nXi' TO ALL CLAIMS AND DEF'f.l'olSrn WHICH 1liE DEB'1'OR <XJUll) ASSERT AOAIN51' 1liE SELl.m OF GOOOO OR smvlcrn OBTAINED PURSUANT HEm:I'O OR WI'Ill 1liE PRO:EEtEl IIDlEX)F. REX:OVEHY HEREllNDER BY 1liE DEBTOR SHALL NOT EXCEED AM:lUm'S PAID BY 1liE DEBTOR HElIDJNDER, NOTICE TO~: (1) 00 NOT SIGN 'IllIS AGR.WIDrr BER>RE YOJ READ IT OR IF IT aM'AINS ANY BLANI< SPACE. (2) YOJ ARE OOI1UD TO A roIPLEl'ELY FlUID-IN COPY OF 'IllIS AGREEMENr, (3) UNDER 1liE LAW. YOO HAVE 1liE RIGIfl' TO PAY OFF; IN ADVANCE 1liE rou. AMOUNT OOE AND UNDER cmrAIN CONDITIONS TO OI:1I'AIN A PARTIAL REr1JND OF 1liE FINANCE CHARGE. IllNER(S) Aa<N0WLID3E(S) REX:EIVING A ~ O:J~ OF THIS commcr AND Itm}IO(S) TO BE LIDALLY roJND BY I~ 'ImlS, ;} I / BJ'x'ER(S) :_ ',-ft J:-' .. _ t~f.6u.-2-Q- ~~~, ~- ~* ., I AGREE TO REPAY ALL ~ OOE ON THIS LOAN IF 1liE OO~(S)IBNER(S) FAIUl TO 00 SO IN ACCORDANCE WI'Ill ~ TmMS OF 1liE L SIUDOO COSIGNER 'fItPMMtU ~ ./ , ,/ TRANSCRIPT OF A STUDENT'S RECORD WILL NOT 8E RELEASED IF LOAN PAYMENTS TO THE COLLEGE ARE IN ARREARS OR DEFAULT. DATE: DICKINOON 0:JLUl3E ~~1-"t'1.- . ~€-.. ,.., BY 4 '. r . r DIa<INOON (X)I J.mt FtElCIJU FI~IOO S'i5TDl - 2!500 PLAN mJCATIotOO. oocm AND SERVICES RfmIL INfmll..Mml' c:x:MRACl' Date Septembp.r 24 ,1992 I. Sellerl Dickinson College, Carlisle. Pennsylvania 17013 D.1yer(s) I Joseph R, and Louise E, Greathouse R, D. * 1, Box 597 Portage, PA 15946 It there is IIIOre than one Buyer. each of you will be obligated. jointly and "everally, tor all sums due aM. for the pertol'1llMlce of all agreements as provided in this Contract. Under the tenDB ot thia Fducational Gooda and Servicea Retail Installment Contract. you have agreed to pay the expenses incurred tor goods an:! services to be provid.ed an:! ren:!ered. lIB the cllBe may be. to Po II vanna GreatholJse (hereinafter "Student") duril'Y;1 hlslher enrollment at Dickinson College during the 1992-93 academic year. including tuition, room and board. books an:! supplies as herein "t.ated (hereinafter the "Goods an:! Servicea"), The Goods an:! Servicea ahall include only tu~t1on. room an:! board, II. 'rn<MS OF' PAi'MrnT AND PAYMEm' SOlEDULE Diacloaures Required by Federal l.llw ANNUM. Pmcnm.GE FINANCE owm: I AJ.OJNl' FINANCmI TOl'AL OF PAYMENI'S1 rarAL SAlE RATE I Dollar Amount Amount of credit Amount paid by PRICE I Cost of credi t a.e credit will provided by D.1yer as total of Total cost of yearly rate coat D.1yer Dickinson College all scheduled p.rc:haIse on payments credit. in- cluding down Prior to repay- payment of ment: 11.00 % S 18.160.00 Durin:] repay- ment: 11 nn % $ 1 1:\1':' n7 $ 3,?OO,OO $ 4,716 OJ S '1 1"n nn , , ,. .. Rev 9/89 I, r r VI, ADDITIONAL PROVI6IOOS 1. 8Jyer agrees to pay Beller the Total Sale Price by making the total down pll)'lDllnt and paying Beller the Total of Payments in the number an:! amount of lDOI'\thly pllymentllllhown in the Payment Schedule, Payments are due on or before the same date of each lDOI'\th u the firet payment date, Payments must be IIlllde to Firat Wachovia, Inc. at the following address I First Wachovia. Inc. P,O, Box 70095 Charlotte. NC 26272-0095 2. llJyer'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 retun:J. or credit of UI'le4lnllCl Finance Olarge whenever the amount is paid in full in advance, e.n:l. (with Beller's consent) to ~instate the Contract it Buyer timely cures any default. 3. B.lyer shall be deemed to have committed an "Event of Default" ot the Contract upon the occurrence ot any of the tollowingl (a) failure to make any payment on or beto~ the date it ie due, (b) failure to make a payment on any other Contract outstanding with Beller. (e) failure to pertorm MY othel" provision of the Contract. (d) providing Seller with falee information or signatures. (e) death. incompetence. or conviction of any B..lyer of crime involving fraud at' dishonesty. (f) insolvency or bankruptcy of any Buyer. 4. Upon or after the occurrence of any Event of Default. Seller will provide B..lyer with notice. by certified lIlllil lIS required by law. addressed to J:)Jyer's lut known addre&s8 as ehown on Seller's records. advieing B..lyer pf the default and of D.lyer's right to cure the default. The notice will provide the time. lllDOunt and performance neceeaary to cure the default, It B..lyer does not cure the default as provided in the notice, Sellel"'~ rights shall include the right to declare all 8UDlIlI due on the Contract to be immediately due aM peyable, The Buyer agrees to pay all attorney's fees and other ~asonable collection COl5ts and chargea necessary for the collection of any amount not paid when due, 5. Waiver by Beller ot any event of default shall not be bin:1ing upon Seller if Beller Mould thereafter choose to exerciee that or any other right or a silll101" Event of Default occurs later, All Beller's rights an:! remedies shall be CUIIlUlative. Seller's exercise of one or mo~ rights shall not cause Seller to lOSe any other rights, 6, This Contract is freely assignable by Seller. B..lyer agrees that upon receiving notice ot the assignment Buyer shall be obligated to the Assignee of this Contract. which Assignee shall have all of Seller's rights an:! remedies, 7. It any part of this Contract is held to be illegal, void or unenforceable. that provision shall be deeJlled not to have been a part ot this Contract. which shall otherwise remain tully ettective, 6. J.PPLI('lJ\TF. tAWI 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. . " ..' 3 , . r r 9. c:otmn' 10 JUIUSDICTION. VEMJE AND BmvlCEI The parties to this Agreement consent and agree that all legal proceediNJ'S relating to the fJUbject matter hereof. ehall be maintained in the court of Common PlellB of CUinbElrlan:! County, Pel'VlllYlvania. or, if applicable. the United states District Court of the Middle District of Pennsylvania, aM all parties hereto consent an:! agree that jurisdiction and venue for such proceediOjj'lS shall lie exclUlSively within said court. Service of procellll in any such proceeding may be made by certitied ,mall. return receipt requested. directed to the ~spective party at the address set forth above. 10, This Contract shall be binding upon the partiea hereto. their heirs, successors, assigns ao:1 legal representatives. 11, TIME IS OF '!HE EBIDlCE OF nUB OJN'IllACf, NOTICE I r.m HOLDER OF nns O:JNSUMER CRmIT CON'ffiAcr IS SUB.ID:T TO ALL CLAIMS AND DEnllSm WHICH 1liE DEm'OR OOULD ASSERT AGAINST '!HE SEl.l..m OF GOOOO OR smvIcm OBI'AINm PURSUAm' HEm;ro OR WI'Ill '!HE POOCEEre HEmIlF. IID:XlvmY HEiIDlNDER BY '!HE DEBTOR 5HAlL NOT EXCEED AMOONTS PAID ~ 1llE DEBTOR HERnlNDER, NOTICE TO BJ'im1 (1) 00 NOT SIGN nns AGREDIEm BEfORE YOJ READ IT OR IF IT ootn'AINS AN'{ BLANK SPACE, (2) YOJ ARE OOIlUD TO A o:x.tPI..Ern.Y FIIllIHN rxPi OF'IllIS AGREEHEN1', (3) UNDER 1liE IJ.W. YOU HAVE '!HE RIGHT TO PAY OFF IN ADVANCE 1HE F\JLL AMOUNT OOE AND UNDER CERl'AIN (X)N[)ITIONS TO OBTAIN A PARTIAL REruN[) OF 1llE FINANCE QMGE, BJ'im(S) Aa<N0WI.ID3E(S) REX:EIVI~ A CQ.lPLETED (xwY OF nns comRACf AND ItrnW(S) TO BE Ul3AlLY B:IJND BY ITS TF>>lS. /l BJ'im(S) I e~ I AGREE TO REPAY ALL MoIOUNI'S DUE ON 'IllIS LOAN IF 1llE OORRO'iIER(S)/aJ'fER(S) FAI~ TO 00 00 IN ACroRDANCE WI'IllTIiE, TrnMS OF '!HE tmE~ ~ 5'l\1DENI' COOIGNER !~ ~MM fr 'td A f)f;U/ ./ TRANSCRIPT OF A STUD[wf,s RECORD WILL NOT BE RELEASED IF LOAN PAYMENTS TO THE COLLEGE ARE IN ARREARS OR DEFAULT. DATEI Dla<INOON CX>lUXlE l' - l '/-?-z. 'ffl ~........,_..,. _lZ.1 0...-/ ,. " .\.', 4 OFFlOf "F .''': ~1Ir,IIIFI' CI!1l' . . 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I ~l .. ..f" .4 'i ,'1 ,F '" rlP' ~ u' ...'.! ~~ .9 , .'/.1' -t' .~ .:' ~..r .j.. ~' ~ c\' .' 110 ~ , '., '--' - ,;!I ;',1 )' II I j-'I , , , ,I '1OI1\leS 11I1-11 U,"\8l1lu,ln IDj noA ~UI~1 \ ' Ii \ i ~ Il~ I iA~ 1 )000 J ill 0 1 ~ lit ~u ~ N B I ~! ! i !! ~ , ~ II \ ! ~lll i h 81 I ~p.~ooo,..: .,; ; ! Ii ill, / , ; ~ It / J I I II ~ i ~ii ~ 16i fi ;t; t I ~ !i 'bli i jj 3l ;;1.1: I ~!i ~ i~ & '~~~c> ~ j . ,nil ~~ III '.._ '. dl' ': :: nal! J~ ~ '\! ~ 1 ~ 1lI ~~~iiQ~l ! ~ ,~\(~ ! ~><! Lep,1 IIIIA81 e~, un pe,eldwo5 ~~OQ' Nlln1i111 InDA "' I', , , " L1 , ' II", ,j, I ..,~ fI~ ,0 ~ ",,- o ".~,;J1'-- J"". - -,~. / 'J ~ . DICKINSON COLLEGE, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW v, JOSEPH R, GREATHOUSE, LOUISE E, GREATHOUSE and POLLYANNA GREATHOUSE, Defendants NO, v'~ 3(/J{;l{Y (I~(l~(, , NOTICE You have been sued in court. If vou wish to defend aaainst ~claima aet forth in the followina oaaes. vou must take action within twentv (20) days after thia complaint and notice are served. by enterina a written aooearance oersonallv or bv attornev and ,ilina in writina with the court vour defenses or obiections to the claims set fQrth aaainst vou. You are warned that if vou fail to do so the case maY oroceed without vou and a iudament may be entered aaainst YOU bv the court without further notice for anv monev claimed in the comolaint or for anv other claim or reli~t reauested bv the olaintiff. You mav loae monev or orooerty or Qtber riahts imoortant to vou, 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. COURT ADMINISTRATOR Cumberland County Court House Fourth Floor Carlisle, PA 17013 (717) 240-6200 TAUE COPY FROM RECORD In Testimony whereof I here unto set my IIIltd fnd seal of sa al C8rtlllt. ~y_ It 19~ McNEES, WALLACE & NURICK By ~c:: I.D. No, 36805 Robert Tepli t z 1.0. No. 75968 100 pine Street P. O. Box 1166 Harrisburg, PA 17106-1166 (717) 232-8000 ..~ '6 Attorneys for Plaintiff Dickinson College ' " 5, On or about September 24, 1990, Joseph and Louise entered into an Educational Gooda and Servicea Retail Installment Contract ("Second Contract") for expenses incurred for gooda and services to be provided and rendered to Pollyanna by Dickinson during the 1990- 1991 academic year. A true and correct copy of the Second Contract is incorporated by reference and attached as Exhibit "B", 6, On or about October 7, 1991, Joseph and Louise entered into an Educational Goods and Services Retail Installment Contract ("Third Contract") for expenses incurred for goods and services to be provided and rendered to Pollyanna by Dickinson during the 1991- 1992 academic year, A true and correct copy of the Third Contract is incorporated by reference and attached as Exhibit "C". 7. On or about February 7, 1992, Joseph and Louise entered into an Educational Goods and Services Retail Installment Contract ("Fourth Contract") for expenses incurred for goods and services to be provided and rendered to Pollyanna by Dickinson during the 1991- 1992 academic year. A true and correct copy of the Fourth Contract is incorporated by reference and attached as Exhibit "D", e, On or about September 24, 1992/ Joseph and Louise entered into an Educational Goods and Services Retail Installment Contract ("Fifth Contract") for expenaea incurred for goods and services to be provided and rendered to Pollyanna by Dickinson during the 1992- 1993 academic year, A true and correct copy of the Fifth Contract is incorporated by reference and attached as Exhibit "E", , COUNT I Dickin.on v. Jo.eDh and Loui.. Greathou.. Breach of Contract 9, Paragraphs 1 through 8 are incorporated herein by reference, 10, Under the terms of the First Contract, Joseph and Louiae agreed to pay Dickinson Four Thousand Nine Hundred Five Dollars and 00/100 Cents ($4,905.00), with interest at the initial rate of 11.792% per annum, in 152 equal monthly installments of Sixty-two Dollars and Twenty-nine Cents ($62.29) commencing on October 30, 1989. 11. Under the terms of the Second Contract, Joseph and Louise agreed to pay Dickinson Four Thousand Dollars and 00/100 Centa ($4,000.00), with interest at the ini.tial rate of 10.801% per annum, in 140 equal monthly installments of Fifty Dollars and Thirty-seven Cents ($50.37) commencing on October 28, 1990. 12. Under the terms of the Third Contract, Joseph and Louise agreed to pay Dickinson Three Thousand One Hundred Thirty Dollars and 00/100 Cents ($3,130.00), with interest at the initial rate of 9.495% per annum, in 128 equal monthly installments of Thirty-eight Dollars and Ninety-eight Cents ($38.98) commencing on October 28, 1991. 13, Under the terms of the Fourth Contract, Joseph and Louise agreed to pay Dickinson One Thousand Seven Hundred Dollars and 00/100 Cents ($1,700.00), with interest at the initial rate of 9,50' per annum, in 123 equal monthly inatallments of Twenty-one Dollars and Sixty-seven Cents ($21.67) commencing on February 28, 1992. 14. Under the terms of the Fifth Contract, Joseph and Louise agreed to pay Dickinson Three Thousand 'I'wo Hundred Dollars and 00/100 Cents ($3,200.00), wit.h interest at the initial rate of 11.00' per annum in eight equal monthly installments of Twenty-nine Dollars and Thirty-three Cents ($29.33) commencing en October 28, 1992 and 72 equal monthly installments of Sixty Dollars and Ninety- one Cents ($60.91) commencing on May 2~, 1993. 15. Under Section I of the First Contract, Second Contract, Third Contract, Fourth Contract and Fifth Contract (collectively "Contracts"), Joseph and Louise are jointly and severally liable for all sums due under the Contracts. 16. Section II of the Contracts provides that" [i] f a payment is more than 15 days late, a sum equivalent to 5% of tbe late payment (but no more than $2.50 and not less than $1.00) may be charged. " 17. Section VI, Paragraphs 3 (a) and (b) of the Contracts provides that Joseph and Louise "shall be deemed to have committed , an 'Event of Default' of the Contract upon the occurrence of .', failure to ll'.::lke a payment on or before the date it is due, [or] failure to make a payment on any other Contract outstanding with [Dickinson] . " 18, Section VI, Paragraph 4 of the Contracts provides that if an Event of Default of the Contracts occurs, and is not cured by Joseph and Louise pursuant to the notice of default, Dickinson haa "the right to declare all auma due on the Contracts to be immediatllly due and payable," 19, Section VI, Paragraph 4 of the Contracta further provides that Joseph and Louise "agree () to pay all attorney's fees and other reasonable collect ion costs and charges necessary for the collection of any amQunt not paid when due." 20. Joseph and Louise defaulted on the First Contract by failing to make the required monthly payments due and owed to Dickinson since July 19, 1993, 21, Joseph and Louise defaulted on the Second Contract by failing to make the required monthly payments due and owed to Dickinsqn since July 19, 1993, 22. Joseph and Louise defaulted on the Third Contract by failing to make the required monthly payments due and owed to Dickinson aince March 2, 1994. 23, Joaeph and Louise defaulted on the Fourth Contract by failing to make the required monthly payments due and owed to Dickinson aince July 19, 1993. 24. Joseph and Louise defaulted on the Fifth Contract by failing to make the required monthly payments due and owed to Dickinson aince July 19, 1993. 25. Notices were forwarded to Joseph and Louise informing them of their defaults and their right to cure such defaults, 26. Joseph and Louise failed to cure auch defaults, 27, Therefore, Dickinson has exercised its right to declare all sums due on the Contracts to be immediately due and payable. 28, Joseph and Louise have failed to make such payment, 29. The total amount of principal which has become immediately due and payable to Dickinson by Joseph and Louise pursuant to the First Contract ia Four Thousand Two Hundred Twelve Dollars and Seventy-five Cents ($4,212,75), plus interest of Nine Hundred Fifty-four Dollars and Fifty-three Centa ($954,53), interest of 1.151 Cents per day as of May 14, 1996, plus attorneys' fees, collection costs, and lor late fees of Two Hundred Forty-six Dollars and Twenty-four Cents ($246.24) as of May 14, 1996. 30, The total amount of principal which has become immediately due and payable to Dickinson by Joseph and Louise pursuant to the Second Contr.act is Three Thousand Six Hundred Eighty-Eight Dollars and Ten Cents ($3,688.10), plus interest of Eight Hundred Seventy Dollars and Sixty-two Cents ($870,62), interest of 1.007 Cents per day as of May 14, 1996, plua attorneys' fees, collection costs, and/or late fees of Seventy-five ,Dollars and 00/100 Cents ($75.00) as of May 14, 1996. 31, The total amount of principal which has become immediately due and payable to Dickinson by Joseph and Louise pursuant to the Third Contract is Three Thousand Seventy-Nine Dollars and Twenty-three Cents ($3,079,23), plus interest of Six Hundred Ninety-eight Dollars and Ninety-one Cents ($698,91), interest of ,841 Cents per day as of May 14, 1996, plus attorneys' fees, collection costs, and/or late fees of Fifty-three Dollars and Nineteen Cents ($53,19) as of May 14, 1996. 32, The total amount of principal which has become immediately due and payable to Dickinson by Joseph and Louise pursuant to the Fourth Contract is One Thousand Seven Hundred Dollars and 00/100 Centa ($1,700,00), plus interest of Four Hundred Forty-one Doilara and Twenty-five Cents ($441.25), interest of ,464 Cents per day as of May 14, 1996, plus attorneys feea, collection costs, andlor late fees of Thirty-three Dollars and Eighty-six Cents ($33,86) as of May 14, 1996, 33, The total amount of principal which has become immediately due and payable to Dickinson by Joseph and Louise purauant to the Fifth Contract is Three Thousand Two Hundred Dollars and 00/100 Cents ($3,200.00), plus interest of One Thousand Thirteen Dollars and Seventy-two Cents ($1,013.72), interest of .961 Cents per day as of May 14, 1996, plus attorneys' fees, collection costs, and/or late fees of Three Hundred Twenty Dollars and Seven Cents ($320.07) as of May 14, 1996, WHEREFORE, Plaintiff Dickinson College demands judgment against Defendants Joseph and Louise Greathouse in the sum of Fifteen Thousand Eight Hundred Eighty Dollars and Eight Cents ($15,880,08) I interest of Four Thousand Nineteen Dollars and Three . ' (' (' DIO<INOON oou.mE ftEXIllLE FlNANClt(l fMJID4 - 7000 !UN EOOCATlotOO. GOOOO AND smvlcm RE'I'AIL INSTAIJ..MDn' <XlNl'RACT Date October 13, 1989 I. Seller I 9.1yer(s) : Dickinson College. Carl1ale, Pennsylvania 17013 JoseDh R. and Louise E. Greathouse Rt. 1. Box 79-3 Purcellvl11e. VA 22132 It there is more than one 9.lyer. each of you will be obligated, Jointly and severally, tor all sums due and for the p.!rtormance of all agreements lIB provided in thil5 Contract. Under the terms of this lliucational Gooda and Services Retail Installment Contract. you have agreed to pay the expenses incurred for gooda llnd services to be provided and 're~red. as the caae may be, to P~llvanna (hereinafter "Student") durirq hialher enrollment at Dickinson College during the 1989-90 academic year, including tuition, room an:! board. books and supplies dB herein stated (hereinafter the "Gooda and Services"). The Goods an:! Services shall include only tuition, room en:! OOard, . II. TmlS OF P~Yl>lOO AND PAYMEl'IT SCHEroLE Disclosurea Required by Federal Law ANNUAL PE:R<:E:tm.GE FINANCE CHARGEI A/>O.MI' FINANCED: TOTAL OF PAYMENTS: WIlL SALE RATE: * Dollar amount Amount of credi t Amount paid by PRICE: Coet of credi t lIS credit will provided by Buyer dB tot a 1 ot Total coet of yearly rate coat 8.Jyer Dickinson College all scheduled purchase on payments credit. in- cluding down payment of $ 12,395.00 , 11.792 % $ 4,563,08 $ 4.905.00 $ 9,468.08 $ 17 ,300.00 Rev 9/89 r (' BUyer's payment schedule will be as follows, When Payments are Due ltJmber at Payments Amount of Payments 152 *Variable Rate, 10/30/89 $62,29 Monthly cODlDlencing until 6/30/02 The ANNU1\L PrncEm"AGE RATE disclosed above is a variable rate an:! may change. The ANNUM. PrncENfAGE RATE may increllB8 during the tel'1ll of this transaction if the prime rate of intere6t announced in the Wall street Journal as of the close ot businees on June 30 ot each calend4r year increases, aM will be increased to the prime rate plus 1%. The l\NNlOO.. ~ RATE will not increase more than once a year. an:! the new interest rate will become effective on July 1 follOWing the increase. if any. in the prime rate of intereat. Any increase will be in the form of higher payment amounts. It your cost of the Goods and 6ervicee Bold hereunder were $ 4905,00 at 12.00 % per annum tor ...liZ.. months. and the prime rate plus 1% were increllBed t013.0nO %. your regular monthly payments would increase to S 65.:15 . f\.lrther. the ANNU1\L PrncENrAGE RATE wi 11 not increase to more than 18% or such other rate as mllY be penDi tted uo:1er the Pennsy I vania Goods an:! Servicea In,tallment Sales Act. It a payment is more than 15 days late. a BUIll equivalent to 5% of the late payment (rot no more than $2.50 and not less thal\ $1.00) may be charged. Buyer may prepay the unpaid balance of the Amount Financed an:! any FINANCE CH1II\\3E due through the date of early payment, in full or in part. withoot penalty, SEE SEX:l'ION VI OF 'IHE coomAcr BELOW FOR ANY i\DDITIONAL INFORMATION AroJT NON-PAYMENT. DEFAULT AND RmJIREl) REl'AYMrnI' BEroRE 1HE SCHEDlILED DATE FOR REli'AYMENl' OF 1HE AMOOm' FINANCED. 1. Cash price ot Gooda an:! Services: 2, Total down payment: 3, Unpaid balance of cash price (1 - 2), 4. lImount paid to others on 8.lyer's behalf, 5, lImount Financed (3 + 4) : Late Olarge: Prepayment: III. InJ.IIZATION OF l\MIXJm' FINANCED $ 17.300.00 1:1,3Q5,On 4 I Qn~ on S 4,905.00 2 IV. CRIDIT INb'IJRANCE Credit life insuranc~ for the term ot this Contract is not ~quired. (' (' , ' V. NO WMAANTIEE 11iEIlE ARE 00 ~Irn. EIniffi EXPRffi3ED OR IMPLIED, GIVEN BY SEl.l..m IN cotINE):TIOO WIn! SALE OF 1liE GOOOO AND srnIJIcrn covmm BY nus CONmACT UNI.E3S B.Nm HAS ~ GI~ A SEPARATf. WRI~ ~, VI, ADDITION'AL PROVISIONS 1, 8..Iyer agreell to pay Seller the Total Sale Price by making the total down payment and paying Seller the Total of Payments in the rMDber an:! amount ot lDOnthly payments Bhown in the Payment Schedule, Payments are due on or before the llame date of each month as the tinst payment date, Payment II must be made to Firat Wachovia, Inc, at the following address I First Wachovia, Inc. P.O. Box 70095 Olarlotte. NC 28272-<)095 2. 8..Iyer's legal rights include the right to pay all or part of the amounta due on this Contract in advanc~ of their due dates. to obtain a retund or credit ot unearned Finance Charge whenever the amount i5 paid in tull in advance, and (with Seller's consent) to reinstate the Contract if Buytlr timely ~lrea any default, 3. 8..Iyer shall be deemed to have cOlDIDitted an "Event of [)etaul t" of the Contract upon the occurrence of any ot the followingl (a) failure to makll any payment on or betore the date it is due, (b) failure to make a payment on any other Contract outst.anding with Seller, (c) failure to pertorm any other provision ot the Contract. (d) providing Seller with falae informe.tion or signatures, (e) death. incompetence. or conviction of any 8..Iyer oi crime involving fraud or dishonesty, (f) insolvency or bankruptcy of any Buyer. 4. Upon or after the occurrence of any Event of Default. Seller will provide Buyer with notice, by certified mail Il5 required by law, addre5sed to Buyer's last known address as shown on Seller'5 records. advi5ing :Buyer of the detault an:! of Buyer's right to ~Jre the default. The notice will provide the time. amount and performance necessary to cure the default. It Buyer doe5 not cure the default 85 provided in the notice. Seller's righta 5hall include the right to declare all BUlDB due on the Contract to be immediately due am payable. The Buyer agrees to pay all attorney's fees an:! other reasonable collection costs and charges necessary for the collection of any amount not paid when due. 5. Waiver by Seller of any Event ot Default Eihall not be binding upon Seller if Seller' llhould thereafter chooae 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 or morc rights llhall not caUBe Seller to lose any other right5. 6, Thill Contract is treely assignable by Seller, Buyer agretla that upon receiving notice ot the a.'liBlgnment Buyer shall be obi igated to the Assignee ot this Contract, which Aesignee shall have all of Seller's right and remedies. 3 ., . r 7. If any part of thia Contract is held to be illegal, void ~ unenforceable, that provision shall be deemed not to have been a part of this Contract, which sha 11 otherwise remain fully effective, 8. MlPLICIIRlF. LAW I This Agreement, whenever called upon to be construed" shall be governed by the domest1c Internal laws of the COlDIDOnwealth of PelWlylvania except to the extent supplemented. superseded or preempted by federal law. 9, CONSENl'TO JlJRI5!lICTION. VENUE AND srnVICEI 'llle parties to this Aqreem'llnt consent and agree that all legal proceedings relating to the subject mlltter hereot shall be maintained in the Court ot Common Pleas ot CUmber 1 an:! County, PelWlylvania, or, if applicable, the United States District Court of the Middle Diatrict of Pennsylvania. an:! all parties hereto COMent aM agree that jurisdiction an:! venue tor such proceedings shall lie exclusively within said court. Service ot process in any such proceeding may be made by certified mail. return recelpt requested, directed to the ~spective party at tho addresa set torth above, 10, This Contract shall be binding upon the partiea hereto, their heirs, succesaors, aseigns aM legal representatlvea. 11, TIME IS OF 'IliE ES~CE OF nns CONTRAcr. NOTICE I AN'{ HOWER OF nns CONSUMrn CREDIT COl'fffiACT IS SlJBJ:OCI' TO ALL ClAIMS AND DEfENSES WHICH TIlE DEBTOR COOlD ASSrnT AGAINST TIlE SEl.LER OF GOODS OR srnVICES OBTAINED PURSUANT "'HEm;rQ OR WIn; 'IliE PR0CEID3 HrnEXlF. R.EX:OIJrnY HEREJJNDffi BY TIlE DEBTOR SHAll. NOT EXCEED 1\MOOl'ITS PAID BY THE DEBTOR HEIIDJND~. NOTICE TO B.li'rnl (1) DO NOT SIGN n;IS AGREEMlliI' BEFORE YOU READ IT OR IF IT O:JNTAINS ANY BL1INI< SPACE. (2) 'f00 ARE ENTITI..ED TO A COMPu:rELY FILLED-IN COpy OF lliIS AGRIDlENT. (3) UNDrn TIlE Ll\W, YOO HAVE 'IliE RIGHT TO PAY OFF IN ADVANCE TIlE ruu. AMOOm' DUE AND UNDrn CERrAIN CONDITIONS TO OBTAIN A PARTIAL ID1JND OF THE FINANCE CHARGE, !'mrn(S) Aa<N0WLID3E(S) Ra:EIVING A COMP BE WALLY ITS TrnMS, B.Ii'rn (S) : COpy OF lliIS O:JN'm1\cr AND INTENI)(S) TO v ,. I AGREE TO REPAY ALL AMOlJtrrS DUE ON n;IS LOAN IF TIlE OORROWERCS)!Bt.NER(S) FAIl.'3 ro 00 SO IN ACCORDANCE WIlli THE TERMS OF THE ~ SI1JDEm 00510"" _~ilMA-' <L _~~ DATE I DICI<INOON COI..LEl3E 10/13 /8? , , BY ~J'- 4 r r- awer's paym~nt schedule will Jx, ,~tl tollows: NUlllber /'Jf Payment.s Amount of Paym.mta 140 'VarioUlle Rate: lAte Charge: Prepayment: When Payments arll Due 10/28/90 $50.37 Monthly CClIlIDtlJ)Clm unt i I 5/28/02 The ANNUAL PERCElmGE RATE disclQso!d above is a variabl'il rate an:! may change, The ANNUAL PERCOOAGE RATE may increase during the tenD of this transaction it the prime rate of interest announced in the Wall Street Jow"MI as of the close of businllss on June 30 ot each c.:llen:1.ar year increases. and will be incre.:lsed to the prime rate plus 1%, The ANNUAL PERcrnrnGE RATE wi 11 not increase more than cnce d year. on:! the new interest rdte will become effective on July 1 tollowing the increase, it dny, in the prime rate of interest. Any increase will be in the form of higher payment amounts. It your cost ot the Goods and Services sold hereunder were:B 4,OOO.OOlt 11 .O~ per annum tor 140 months, and the prime rdte plus 1% were increased to 12.00%, YOur"regular monthly payments would increase to $ 52.68 . F\U"ther. the ANNUAL PEI'lCEtn'AGE RATE wi 11 not incrllase to more thdn 16% or such other rate as mai' be permitted under the Pennsylvanio Goods and Services Installmllnt Salea Act, If d payment Is more thon 15 days late. a sum equivalent to 5% of the late payment (but no more th.:ln $2.50 and not less than $1,00) May be charged , aJyer may prepay tho! \.II1paid h1l1'\nce of the Amount Financed and dny FINANCE C'HlIOOE dUll through the date of early payment. in full or in ptrt. without pen.:llty. SEE SEcrION VI OF 1HE CONTllACf BELOW FOR ANY ADDITIONAL INroRMATION AOOl11' NON-PAYMEm', nEFIl-ULT AND RmlJIRED REl"AYMENI' BEFORE TIlE SOlEDUUD DATE roR REPAYMEm' OF TIlE AMJlJNT FINANCID. III, I'IDlIZATION OF AMOWI' FINANCED 1. Cash price of Goods an:! Servicea: ., Totdl down pdyment: 3, Unpdid balance of cdsh price <l - 2): 4. Alliount paid to others on Buyer's behdlt: '3. Amo;,lJllt Financed (3 + 4) : $ 18,630.00 14,630.00 4,000.00 o $ 4,000.00 . .",' - " 2 , . (" IV. CREDIT INSURANCE (" CY\!ldit l'ite irl.elu'ancI! for the term c~f this Contr,~ct. is not r~guir~. V. NO WARIWITIffi 1liERE ARE NO WARRANTIEl3, EI1HER EXPRESSED OR IMPLIED, GIVEN BY SEr.LF.R IN O:JNNa"TION WIni SALE OF TIlE G<XiOO AND srnVICE3 COVERED BY niIS CON'mACT UNLESS Bl.I'im HAS BEn! GIVEN A SEPARATE WRI'I"mI WARRAlm'. VI. ADDITIONAl. POOVISIONS 1. BJyer agrees to pay Seller the Total Sale Price by making the total down payment "nd IJdying Seller the Total of paymenta in the number and amount ot 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 First Wachovia. Inc. at the tollowing address I First Wachovia, Inc, P.O, Box 70095 Charlotte, NC 28272-0095 2, Buyer's legal rights include the right to pay all or part of the amounts due on this Contract In advance of their due datea. to obtain a refund or credit ot unearned Finance Charge whenever the amount ia paid in full in advance, an:! (with Seller's consent) to reinstate the Contract if Buyer timely Ct~es any default. 3. Buyer shall be deemi!d to have commi tt~ an "Event of De fall I t" of the Contract upon the occurrence ot any ot 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 outstan:!ing with Seller. (c) failure to perform any other provision of. the Contract. (d) providing Seller with false intormation or aignatures, (e) death, incompetence, or conviction ot any Buyer ot crime involving traud or dishonesty, (f) il150lvency or bankruptcy of any Buyer. 4. Upon or after the occurrence of any Event of Defaul t. Se lieI' wi II prOVide Buyer with notice. by certitied mail as required by law. addresaed to fuyer'a last known address as shown on Seller's records, advising Buyer ot the detault and of 8..lyer's right to Cl.lre the detault. The noticll will provide the time, amount and pertonDance necesaary to cure the defaul t. It Buyer does not cure the defaul t as provided in the notice, Seller's rights shall include the right to declare all aums due on the Contract to be immediately due and payable. The Buyer agrees to pay all attomey'a tees and other reasorl"-ble collection costa and chargea necessary for the collection of any amount not paid when due. 5. Waiver by Seller ot any Event ot Default shall not be binding upon Seller it Seller should thereafter choose to exercise that or any other right or a similar Event ot Default occura later. All Seller's rights and remedies shall be cumulative. Seller's e:'.ercise of one or mol''' rights shall not cause Seller to lose any other rights. 6, This Contract is tr"ely aseignable by 8,,1 IeI'. Buyer agreea that upon receivi"9 notice ot the assignment Buyer shall be obligated to the Assignee ot this Contract, which Assignee shall have all of Seller's right and.remediea. .' ,!., 3 '7. It ~y part of thiD cont~t is held to be illegal, void ~ unenforC~able. that provision shall be deemed not to have been a part of this Contr~t, which shall otherwise remain fully ettective. 8. APPLIC,.J:lTF LAW: This Agreement, whenever called upcn to be construed, shall be governed by the domestic internal Iowa of the Commonwealth of Pennsylvania except to the extent supplemented, superseded or preempted by federal law. 9. eONSEm' TO JlJRISDIcrION. VDNE AND srnVICE: The parties to this Agreement consent and agree that all legal proceedings relating to the subject mlltter hereof shall be maintained in the Court of Common Ple!l8 of CUmberIBn:! County, Pennsylvania, or, it applicable, the United States District Court of the Middle District of Penneylvania, and all parties hereto consent and agree thBt jurisdiction an:! venue for such proceedings shall lie exclueively 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 addresa set torth above, 10. This Contract shall be binding upcn the parties hereto, their he ire , aucceasors, lIBsigns and legal representatives. 11, TIME IS OF '!liE ESSDlCE OF nns CON'mACT, NOTICE: ANY HOlDffi OF nns O:JNSUMER CREDIT O:JN'mACf IS SUBJECI' TO ALL CLAIMS AND DEmISES WHIOlniE DEBTOR COULD ASSERT AGAINsr 1liE SEI..I...ffi OF GOODS OR SERVICES OBTAINED PURSUANT fu:J.a:;IO OR WIni 1liE PROCEEIS HElffi)F. RECOVERY HrnElJNDffi BY 1liE DEB'roR 5'I'WJ.. NOT EXCEED Al>KlUNTS PAID BY 1liE DEB'roR HERElJNDF1<. NOTICE TO El./'{ffi: (1) 00 NOT SIGN nns AGREEMEl'fI' BEroRE YOU READ IT OR IF IT O:JNTAINS ANY BLANK SPACE. (2) YOJ ARE ENITIUD TO A <X>>IPLEI'ELY FILLED-IN COPY OF nus AGREEMENT, (3) UNDER 1liE LAW, YOO HAVE 1liE RIGHT TO PAY OFF IN ADVANCE TIlE AJI.L AMOUm' OOE AND \JNDffi CERTAIN CONDITIONS TO OBTAIN A PARTIAL REruND OF TIlE FINANCE CllARGE. , I AGREE TO REPAY ALL 1IMOONTS OOE ON nus WAN IF niE OORROWER(S)!BlJYER(S) FAILS TO 00 SJ IN ACO:JRDANCE WIlli.1J2 'd!: OF niE OOT}jj ...11 STUDOO COSIGNffi ~~.t/:J!.~ DATE: DICKINSON COUB3E 'lb:iJ q 0 BY. ~~ II.' ,- 4 .. (' (' DIO<IN90N COumE FLEXIBLE FINANCU.13 6Y8TDI - 70qO PLAN EOOCATIOtw.. GOOOO AND smvICES RET7\IL IN5I'AWlEm C<JI'(ImCT ~te October 7, 1991 I. Sellerl Dickinson College, Carlisle. Pennsylvania 17013 Buyer(s): Joseph R. and Louise E. Greathouse R.D. 11, Box 597 Portage, PA 15946 If there is more than one Buyer, each ot you will be obligated, jointly and severally. for all ll\.IlIl.!l due and for the performance of all agreements as provided in this Contract. Un:!er the tel"1llB of this Ei::l.ucatlonal Goods and Services Retai I Installment Contract. YOll have agreed to pay the I!xpenses incurred tor goods an:! services to be provided an:! ... rendered. a5 the case may be, to Poll yanne Greathouse (hereinafter "Student") during hia((Ier enrollment at Dickinson College during the 1991-92 academic year. including tuition, room and board, books and supplies as herein stated (hereinatter the "Goods an:! Servicea"). The Goods and Services shall Include only tuition, room and board, , I I. TmMS OF PA YMrnf AND PAYMENT SCHEDULE Disclosures Required by Federal Law ANNUAL P~crnrAGE F'INANCE CHARGE: A/>O.MI' FINANCED: TOrAL OF PAYMmrS: TOTAL SALE RATE: * Dollar amount Amount of credi t Amount pa id by PRICE: Cost of credi t as credit will provided by Buyer as total of Total cost ot yearly rate cost Buyer Dickinson College all scheduled purchase on payments credit, in- cluding down payment of $16,850.00 9.495 % , 1,859.44 ,3,130.00 ~. 989.44 :J 19,980.00 Rev 9/89 r (" 'B.1yer's payment schedule will be as followsr When Pllymenta are [)je IkJmber of Payments Amou!:lt of Payments 128 *Variable Rate: $38.98 Monthly commencing until ~/'A/n? , 1nJ?A/Q1 The 1INNUM. PmCmrAGE RATE disclosed above is a variable rate an:! may change, The ANNUAL PmcrNl7\GE RATE IllaY increllBe durirq the term of this transaction if the prime rate of interest announced in the Willi street Journal lIB of the close of b.1siness on June 30 ot each calen:1ar year increasea. and will be increllBed to the prime rate piUS 1%, The ANNU1IL PmCENTAGE RATE wi 11 not increllSe more than once a year. an:! the new interest rate will become effective on July 1 following the increase. it any, in the prime rate of intereat. Any increase will be in the torm of higher payment amounts. If your COl5t of the Goods and Services sold hereurder were $ 3.130.00 at 9.500:t per annum for ...12.a.... months. an:! the prime rate plus 1% were increased to 10.500 " your regular IIIOnthly payments would increllSe to S 40.74 . further. the 1INNUM. PrncENI1.GE RATE will not increase to IIIOre than 18% or such other rate lIB may be permitted under the Pennsylvania Goods and Services Installment Sales Act. It a payment is more than 15 days late, a BUIll equivalent to ~% of the late payment (OOt no more than $2,50 an:! not lesa than $1.00) may be charged. B.1yer may prepay the unpaid balance of the Amount Financed and any FINANCE CWlRGE due through the date of early payment, in full or in part.. without penal ty, SEE sroION VI OF 'IliE O:Jl'ITRAcr BELOW FOR ANY ADDITIONAL INfORMATION AIDJI' ~AYMENI'. DEFAULT AND RmUIRED RD'AYMEm' BEroRE TIlE SCHEI)(JUD DATE FOR ml'AYMrnI' OF 1HE A/>O.MI' FINMlCED . Late Charge r Prepayment: I II . ITEMIZATION OF 1\M).M' FImNCED 1. Cash price at Goods an:! Services: $ 19.980.00 2. Tota 1 down payment: --1.6.850,00 3. Unpaid balance of cash price (1 - 2): 3.130.00 4. Amount paid to otherB on Buyer's behalf: -0- ~, Amount Financed (3 + 4) : $ 3,130,00 2 " . . r r IV, CRFDIT INSUANCE Credit lite insul'anc~ for the term ot this Contract, is not required. V, NO WARRANTIES nIGlE ARE NO lIAARANTIES. EITIirn E:lCPRm3ID OR IMPLIfD. GIVEN TN ~ IN OONNEcrIOO WItH SALE OF 11iE ooore AND SEllVICE9 <XlVrnm BY tHIS cotlffi1Icr lJNLESS BJYE]l HAS Bml GIIIm A fID'ARATE WRI'I1IN WARRAm'Y. VI, ADDITIONAL PROVISIONS 1. :Buyer agrees to pay Seller the Total Sale Price by lllaking the total down payment and paying Seller the Total of Payments in the nl1I1lber and amount of IIIOnthly payments shown in the Payment Schedule. Payments are due on or before the same date of each month Il$ the f1rat payment date, Payments must be made to Firat Wachovia, Inc, at the following address I Firat Wachovia, Inc. P ,0. Box 70095 Charlotte, NC 28272-0095 2. Buyel'" s legal rights include the right to pay all or part ot the amounts due on thiB Contract in advance at their due dates, to obtain a refund or credit ot uneamed. Finance Charge whenever the amount ia paid in full in advance, and (with Seller'a consent) to reinstate the Contract if Buyer timely cures any default. 3, l1Jyer shall be deemed to have committed an "Event of Default" of the Contract upon the OCCl.lrnmce ot any of the followingl (a) tail~ to make any payment on or before the date It is due. (b) failure to make a payment on any other Contract outstan:!ing with Seller, (c) failure to perform any other provision of the Contract, (d) providing Seller with false information or signat~s. (e) death, incompetence, or conviction of any Buyer of crime involving traud or dishonesty, (t) insolvency or bankruptcy of any Buyer. 4. Upon or after the occurrence ot any Event ot Default, Seller will provide Buyer with notice. by certified mail as required by law, addressed to BJyer'a last known ad<:lress as shown on Seller's records. advising Buyer of the default and of 9Jyer's right to cure the detault. The notice will provide th~ time. amount and perforMnce necessary to cure the default. It 8..lyer does not cure the detault as provided in the notice, Seller's rights shall include the right to declare all BUDI8 due on the Contract to be immediately due and payable. The 9Jyer agrees to pay all attorney's tees and other reasonable collection coats an:! charges necessary for the collection of lIny llIIlOUnt not paid when dUe. 5. Waiver by Seller of any Event of Default ahell not be bin:!ing upon Seller if Seller should thereafter choose to exercise that or any other right or a simi lar Event of Default occurs IlIter. 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, 6, This Contract is freely lIBsignable by Seller, Buyer agrees that upon receiving notice of the asSignment Buyer shall be obligated to the Asaignee of this Contract. which Assignee shall have all of Seller's right and remedies. 3 '. , r ,.. 7. It any part of thill' Contract is held to be illegal. void or unenforceGble, that provision shall be deemed not to have been a part of this Contract. which shall otherwise remain fully effective. e, 1IPPLIC'lR.1'! LAW: This l\greelDent, whenever called upon to be construed, shall be governed by the doalestic internal laws of the CoIIlIDOnwealth of PeMll)'lvania except to the extent supplemented. IlUpenseded or PAempted by ted.eral law, 9, CXlNSml'TO JURISDtCI'ION. ~ AND BmVICEI The parties to this Agreement consent and agreot that all legal proceedings relating to the subject matter herlSOt shall be lDllintained in the CCIurt ot COIIlDOI'l Pleas ot ~rland County. PeMll)'lvania. or. it applicable. the United states District Court ot the Middle District of Pennsylvania, and all parties hereto con!IOnt an:! agree that JUl"i~iction and venue for INch proceedings shall lie exclusively within said court, Service of proceee in any INch proceeding IIlllY be mode by certified lIl6il. return receipt requested. di~cted to the respecU Ve party at the addreu lIet torth above. 10. This Contract shall be biR1ing upon the parties hereto. their heirs, BUCCelSSOnl. Msigns and legal representatives. 11, TIME IS OF 1liE mBDa OF nus ~. tm'ICE: ANY HOWER OF nus CXlNSllMER CREDIT CXlNTRACT IS SI.IBJlrI' TO ALL CLAIMS AND DEFneFS '...WHICH 1liE DE:El'I'OO o:mD ASSERT AGAINST 1llE SELLER OF oo:x:a ~ BmVICffi OBTAINm PUR9JANT 11ucl:;10 OR WITIi 1liE ~ HmmF, RE'CO\IER'i HmE1INDER '8i 1liE DEBTOR SIWL oor EXCEm 1Il<<XJNI'6 PAID '8i 1liE LIUlIIA( HEm1JNDER, OOI'ICE TO BJ'iEIlI (1) 00 oor SIGN nus AGRE>>IENl' malE YOO READ IT OR IF IT OONTAIl-I9 ANY BLANK SPACE, (2) YOO ARE mrnUD TO A <XJlPI.EIU.Y FIll.ID-IN CI:1?'{ OF nus AGRman', (3) UNDER 1HE LAW. YOO HAVE 1llE RIGfl' TO PAY OfT IN ADVANCE 1llE roLL AM:WI' WE AND UNDER cmrAIN CONDITIONS TO OBTAIN A PARTIAL REI''\JND OF 1llE FINANCE CHAR3E. BJ'iER(S) AOOK:lWI.1D3ECS)',REX:EIVINJ A a:tlPIpID a:R'i; OF nus, comRACT AND ItmW(S) TO BE LIDAILY a:xJND f!i ITS iIDlMS, / ... , .' ," BJ'iEIl(S): . :', -',J...uMC'-V :~~iC{t/ittU4.-L/ ...... ,," ./ I ""'" ro RiP" w. """"" WE 0111111. , 1llE """""C.)/Ill'mlC.) 00 00 IN ACCORDANCE WIlll Tm4B OF 1llE . sn.oo<T OOBIG'" :JJ;/rd41MIf- : lC.L~-. fAILS TO DATE: DIa<INOON 00UB3E I 0 .., 7 - q I '8i ~J.e- 4 , ,. ~. r (' DIO<INSJN 0:JLJ..E)3E FLEXIBLE F'INANClOO SYSTDI - 7000 PLAN mJCATIOm GOOl)3 AND smVICES RETAIL INSTA1J1oIENT CON'mACT ~te February 7, 1992 If there ia more than one Buyer, each of you will be obligated. jointly and severally, for ~II 6UlDS due ~nd for the performance of all agreements as provided in this Contract. Under the terms of this Educational Goods and Services Rlltail Installment Contract, YOll have agreed to pay the I!xpenses incurred tor goods an:! servicea to ~ provided and rendered. as the case may be, to Poll ann Greathouse (hereinafter "Student") during hia/her enrollment at Dickinson College during the 1 academic year, including tuition. room and board, books an:! suppliea as herein atat.ed (hereinatter the "Goods and Services") . The Goodll and Services shall include only tuition, room and board. . II. mMS OF PAYMEm' AND PAYMENl' SCHEDULE Disclosures Required by Federal Law ANNUAL PrncENTAGE FINANCE CHARGE: A/>O.MI' FINANCEDr TOrAL OF PAi'MEN'I'S: TOI'M. SALE RATE: * Dollar llJlIount Amount ot credi t Amount paid by PRICEr Cost of credi t aa credi t wi 11 provided by Buyer lIB total ot Total cost ot yearly rate cost Buyer Dickinson College all acheduled purchase on payments credit. in- cluding down ,payment of :I 18.280.00 9.50 % , 966.14 $ 1.700.00 $2.666.14 :J 19,980.00 .- . ' Rev 9/89 , , r ("' IV, CREDIT INSURANCE CYoi'I.1it life irv;lll'i.ln("~ fOl' the tenn <,t thIs Contr<ict is not required. V. 00 WAARAm'IES nimE ARE NO WARRANI'IES, EI'IHrn EXPfID3SID OR IMPLIED, GllJE}I BY :3El.l..rn IN OJNNa'TION WI1H SALE OF '!liE GOODS AND ~VICES COVEmD BY nns CON'mJl.CT l1NLE'3S B.J"lrn HAS Bml GI'MI A SEPARATE WRITIEN WARRAmY. VI. ADDITIONAL PROVISIONS 1. Buyer agrees to pay Seller the Total Sale Price by making the total down payment an:! paying Seller the Total ot PaymentB in the nUlllber and amount at monthly payments shown in the Payment Schedule. Payments are due on or before the aame date of each month Il5 the first payment date. Paymenta muat be made to Firat Wachovia. Inc. at the following address: First Wachovia, Inc. P.O. Box 70095 Charlotte, NC 28272-0095 2. 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 ot unearned Finance Charge whenever the amount is paid in full in advance, and (with Seller's consent) to reinstate the Contract it BJyer timely cures any defaul t, 3. Buyer shall be deemed to have committed an "Event of Detault" of the Contract upon the occurrence of any of the tollowingl (a) failure to makll any payment on or before the date it is due, (b) failure to make a payment on any othel' Gontract outstanding with Seller, (c) failure to perform any other provision of the Contract. (d) providing Seller with falae information or signatures, (el death. incompetence. or conviction of any BJyer ot crime involving fraud or dishonesty. (t) insolvency or bankruptcy of any BJyer. 4. Upon or after the occurrence ot 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. adviaing Buyer of the default Ilnd ot Buyer's right to cure the default. The notice will provide the time. amount arxi pertorlllllnce necelleOry to cure the default. If Buyer does not cure the detault as provided in the notice, Seller'a rights shall include the right to declare all 5UDI8 due on the Contract to be illllDediately due and payable. The Buyer agrees to pay all Ilttomey's tees an:! other rellSoMble collection costs and charges neceasary 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 it Seller should thereafter choose to exercise that or any other right or a similar Event of Detault occurs later, All Seller's right~ and remedies shall be cumulative, Seller'lI eXercise of one or more rights shall not caUSe Seller to lose any other rights, 6, Thie Contract is freely Il.!lsignable by Seller, BJyer agrees that upon receiving notice of the assignment BJyer shall be obi igated to the Assignee ot thia Contract. which Assignee shall have all of Seller'e right,anct remedies. ,..:1' 3 . . (' r 7, It any part ~t this Contract is held to be illegal, void or unentorceable, that provision shall be deemed not to have been a part of thia Contract, which shall otherwise remain fully effective. e, APPLICABLE LAW: Thla Agreement, whenever called upon to be construed, shall be governed by the domestic internal laws ot the COIIllDOnwealth of Pennsylvania except to the extent supplemented, superseded or preempted by tederal law. 9. CONSEm'TO JlJRISDlcrIQN, IJE}IUE AND SEm'ICE: The parties to this Agreement consent and agree that all legal proceedings relating to the subject matter hereot shall be maintained in the Court of COlDlDOn PlellB ot CUmberlan:1 County, Pennsylvania, or. it applicable. the United States District Court of the Middle Diatrict of Pennsylvania. an:! all parties hereto consent an:! agree that jurisdiction an:! venue tor such proceedings shall lie exclusively within said court, Service ot process in any such proceeding may be made by certified mail, return receipt requeated, directed to the respective party at the aadreas set forth above. 10. This Contract 3hall be binding upon the parties he~to, their heirs, successors. aaaigns an:! legal repreaentatives. 11, TIME IS OF 'mE ESSENCE OF nns OJNTRAcr. N<1l'ICE, Wi HOLDffi OF nitS CONSUM:rn CREDIT ~CT IS SUBJECT TO ALL CLAIMS AND DEFnlSES WHIOi 'mE DEBTOR COlJU) ASSEm' AGAINST 'lllE SEI..Lrn OF GOODS OR SEm'ICES OBTAINm PURSUANT HmE:ro OR WIiH 'mE PROCEE:S HEmnF. REXXlvrnY HrnEl1NDffi BY iHE DEBTOR SHAll. N<1l' EXCEED AIOMI'S PAID BY iHE DEBTOR HEmlINDER N<1l'ICE TO 13l.JYrn: (1) 00 N<1l' SIGN iHIS AGREElIDIT BEroRE YOO READ IT OR IF IT eotn'AINS ANY BlANK SPACE. (2) '/00 ME oorn.m TO A cnlPLEl'ELY FILLED-IN CfP'{ OF iHIS AGREDlENT. (3) UNDffi iHE LAW. YOO HAVE iHE RIGtfl' 1'0 PAY O~ IN ADVANCE iHE ruIL 1IMJUNl' WE AND UNDffi cmrAIN CONDITIONS TO Offi'AIN A PARl'IAL ID1JND OF 'mE FINANCE aiARGE. aJYEIl(S) Aa<oowLED3E{S) !ID:EIVING A ~ ~ OF iHIS CONTRACT AND ImnID(S) TO BE lB.JALLY OOJND BY ITI) TrnMS. , 'Y) / / Mm(S): ~-ft,1r:~ .~~~::~ ~ ~ I AGREE TO !IDlAY ALL AMOUm'S WE ON iHIS LOAN IF'lllE OORROW:rn(S)/BJYEll(S) FAIl.'3 TO 00 00 IN ACCORDANCE WIlli ~ 'ID1MS OF 'mE tKlIf: . &'IUDEm' (XlSIGNrn fHitl/fA;(MIV ~ ./ , V ./ TRANSCRIPT OF A STUDENT'S RECORD WILL NOT 8E RELEASED IF LOAN PAYMENTS TO THE COLLEGE ARE IN ARREARS OR DEFAULT. DAre: DICKINOON 0:JI..UXlE t9- ~'1- 't t.. ,. ....' BY ~~ 4 t 'J 'i , I, I , , I , 'II EXHIBIT E , " ',' r. r r VI . ADDITIONM. PROVISIONS , . 1. B.lyer agrees to p4y Seller the Total Sele Price by lIlllking the total ,down p4yment and p4ying Seller the Total of Payments in the number and 8IDOWlt of IDOI'lthly p4yments shown in the Payment Schedule. Payments ere due on or before the 8eIDe date of each lDOI'lth as the tint p4yment date. Payments ml.l8t be made to Fint Wachovia. Inc. at the followil'Y>1 address I First Wachovia. Inc. P.O. Box 70095 Olarlotte. NC 2e272-<l095 2. 9..lyer's legal rights include the right to p4y all or part of the amounts due on this COntract in advance of their due dates, to obtain a refurd or cnldit of uneemec1 Finance Olerge whenever the amount is p4id in full in advance. ard (with Seller's CONSent) to reinstate the COntract it 9J.yer tim~ly curelt any default, 3. 9..lyer shall be deemed to have committed an "Event of Default" of the COntract upon the occurrence of any of the followingl (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 9..lyer of crime involving fr4Ud or dishonesty. (f) insolvency or bankruptcy of any 9J.yer. 4. Upon or after the occurrence of any Event of Default. Seller will provide 9J.yer with notice. by certified mail as required by law. addressed to B.lyer's last known address as shown on Seller's records. advising 9..lyer Of the default and of 9J.yer's right to cure the default. The notice will provide the time. 8IDOWlt and perfonDllllCe nece88llry to cure the default. It 9..lyer 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 illllDediately due ard p4yable. The 9..lyer agrees to p4y all attorney's fees an::1 other reasonable collection costs and charges necessary for the collection of ~ amount not paid when due. 5. Waiver by Seller of any event of default shall not be birding upon Seller if Seller should thereafter choose to exercise that or any other right or 0. similar Event of Default occurs later. All Seller's rights ard remedies shall be CUIIl.Ilative. Seller's exercise ot one or more rights shall not r.:ause Seller to lose o.ny other rights. 6. This COntract is freely aseignable by Seller. 9..lyer agrees that upon receiving notice ot the assignment 9..lyer shall be Obl1g11ted to the Assignee of this Contract. which hlsignee Shllll hllve all of Seller's rights ard remedies. 7. If any part of this Contract is held to be illegal. void or unenforceable. that provision shall be deeJDed not to have been a part of this Contract. which shall otherwise remain fully effective. 8. M'PLIC~RIF. LAWl This ),greement. 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. . " , 3 . . , . r r 9. CXltmM' TO JURISDIcrION. vmJE AND smlJICEI The parties to this AgreelDent consent and agree that all legal proceedings relating to the subject matter hereof Ilhall be maintained in the Coort of CoII\IIIon Pleas of Q.lmberland C<lunty. Pennsylvania. or, if applicable. the United states District Court of the Middle District of Ponnsylvania. and all parties hereto cOl'lllent and agree that jurisdiction an::1 venue for 8\V'..h proceedings shall l1e exclusively within said court. Service of process in ~ such proceeding may be made by certified ,lII4il. return receipt requested. directed to the respective party at the address set forth above. 10. This Contract shall be bin::1il'Y>1 upon the parties hereto, their heins. successons. assigns and legal representatives. 11. TIME IS OF 1llE E3SOCE OF nus oommcr. NOrICEI J.N'{ H:JWm OF nus CONSlJMm CREDIT OONl'AAcr IS SVBJreI' TO ALL CLAIMS 00 on:neE9 WHICH '!liE DEBTOR <nJlD ASSml' AGAIN5'r '!liE SD..I..m OF G(X)OO OR SEINIre3 OBTAINm P\.IRBl.Wn' HmEI'O OR WIlll'!liE POOCEEOO JiE1IDJF. REXXlvmY HEmlINDm B'l 1HE DEBTOR SHALL NOr EXCEm ~ PAID IN 1HE DEBTOR HmFlINDm. NOrICE TO Wi'ml (1) DO NCJ1" SIGN lllIS AGREDIENl' Bm)RE 'lOU ROO IT OR IF IT OONTAINS AN'{ BLANK SPACE. (2) 'lOU AAE rnI'IlUD TO A CCfoIPLETEL'l FlUID-IN C(p{ OF lllIS AGREDmll'. (3) UNDm 1HE UW. 'lOU HAVE 1llE RIGHT TO PA'l OFF IN ADVANCE 1llE FUlL mxJNT OOE 00 UNDER CERI'AIN CONDITIONS TO OBTAIN A P1IRTIAL REf\JND OF niE FINANCE awrn:. BJ'im(S) Aa<N0WLID3E(S) IID:EIVIOO A ca.lPu:rED CX$''l OF lllIS comRT>.cr AND INmlD(S) TO BE LmAIL'l roJND IN ITS mlMS. r-, Wi'm(S) I , I AGREE 10 REPA'l ALL AMaIlml roE ON nHS LOAN IF 1llE OORROII'm(S)/Wi'm(S) FAIlS TO DO 9J IN ACCORDANCE WIlll1llE TmMS OF 1llE l:crE~ (/u sruooo 003IGNm f~ (/M///11')-- (d A ~ / TRANSCRIPT OF A STUDEHf,s RECORD WILL NOT BE RELEASED IF LOAN PAYMENTS TO THE COLLEGE ARE IN ARREARS OR DEFAULT. DATE I DICKINOON OOllB3E r. 1 ,/-? 7. IN ~""-'-,-..,. .-'!-1 ~ ,. d.' ,- 4 .. ... . .~ DICKINSON COLLEGE Plaintiff v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUN'ry, PENNSYLVANIA CIVIL ACTION - LAW JOSEPH R. GREATHOUSE and LOUISE E. GREATHOUSE Defendant(s) NO. 96-3668 PRAECIPE FOR ENTRY OF DEFAULT JUDGMENT TO THE PROTHONOTARY OF CUMBERLAND COUNTYt Pursuant to Fa. R. civ. P. No. 1037(b), enter judgment in favor of Dickinson College, Plaintiff, in the above-captioned action, and against LOUISE E. GREATHOUSE, Defendant, in the above-captioned action, for failure to file an Answer to Plaintiff's Complaint within twenty (20) days from the date of service of said Complaint, and assess Plaintiff's damages in the total sum of $20,627.47, plus interest from May 14, 1996 at $3.82 per diem, plus costs and attorneys' fees, until Defendant's obligation is paid in full. I hereby certify that a written Notice of Intention to File this Praecipe for Entry of Default Judgment was given in accordance with Pa, R. civ. P. No. 237.11 a true and correct copy of the aforesaid Notice is attached hereto. " - . I . ... I hereby certify that the last known address of the Defendant(.) is 266 Church Hill Road, Portage, Pennsylvania 15946. McNEES, WALLACE & NURICK By 1 ~:~hes Attorney 1.0. No. 67408 100 Pine Street P. O. Box 1166 Harrisburg, FA 17108-1166 (717) 232 - 8000 Attorneys for Plaintiff Dickinson College , Dated I November If , 1996 , , " i " '.1',,' , " " !. 'I , :f.e ,'111':t1 """'1". I:'I.~~; ":"'1\ ,I .1/:t~ :1' .1" ,"};; '.\ ';Ci ,.ll ,;j I ',' DICKINSON COLLSGB Plailltiff IN THB COURT OF COMMON PLBAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW v. JOSBPH R. GRBATHOUSE and LOUISB B. GRBATHOUSE DefendantCs) NO. 96-366/l NOTICE OF ENTRY OF JUDGMENT TOI LOUISE E. GREATHOUSE, Defendant You are hereby notified that on )( tV-.' /3 ,19~, the following Judgment has been entered against you in the above-captioned case. i' OATE, /1- 13'10 .. ~ the proper P. 236 iSI personCe) to Mrs. Louise E. Greathouse 266 Church Hill Road Portage, PA 15946 By Attorneys for Plaintiff Pennsylvania State Employees Credi t Union , ' , I' , i';: (") "p. f,. " Co ~:'. .. ~ ,; .... " - ~'J ~ti ..- ' -~ , - ," ')'~j I - "- -r '~J t' ,.., .')1:,', -- ,'0:; ", -;~ Ef.'t" -", (.:.! '.(1. ~ .t l' ,0 -, u <J". 0.) " .' '~ t ~ I ~ " ~ ~1_ ~ ~ '.:) ~~ $.. l'. I ~ X! "'\~ '~ r-, c:J~ ...... " . . , , " ~ ..:t ~ '" ." {~ +, , '"" I~ :t:: CJ~I~ , CL. ',')?i 0 0'\ ~..ra tt ~.~ .. - i-~ it1 ~ :II. ~ 15 00 0'\ r , , r DICKINSON COLLEGE, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION . LAW Y. JOSEPH R.OREA THOUSE, LOUISE E. GREA11IOUSE, and POLLYANNA GREATHOUSE : NO. 96.3668 (1 ~ ~ dJFt1 ~ :-,.1 t) c,' .V ~1 ~/ Il"': w ~(., ~ ~.l -0 ;l~'q ::-r. ~ltl w ,J'.C .. i ~ '" ,J:"" Defendants NOTICE OF INTENTION TO ENTER JUDGMENT BY DEFAULT TO: JOSEPH R. GREATHOUSE, Defendant DATE OF NOTICE: March 18, 1998 IMPORT ANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE AcnON REQUIRED OF YOU IN TIUS CASE. UNLESS YOU ACT WlTIlIN TEN DAYS FROM THE DATE OF nus NOTICE. A JUDGMENT MAY BE ENTERED AGAINST YOU ON PLAINTIFF'S COMPLAINT WlTHom A HEARINO. AS A RESULT, YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE 11I1S NOTICE TO A LAWYER AT ONCE, IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE. GO TO OR TELEPHONE THE FOL.LOWING OFFICE TO FIND our WHERE YOU CAN GET LEGAL HEL.P: Court Administrator 4th Floor, Cumberland County Courthouse Carlisle, PA 17103 (717) 230-6200 MCNEEnALLACE & NURlCK By ~ ~_' , S ephenson Matthes Attomey I,D. No. 67408 100 Pine Street P.O. Box. 1166 Harrisburg, P A 17108.1166 (717) 232-8000 Dated: ,.11" t' Attomeys for Plaintiff Dickinson College ~ ...::.. ~ ~ en ~ c'':: ,., .. ':"') ,. n - ~ lJ.J ,. ( ~"', (, ) ,,:' ~ .;'" V' (,~. "');"1' ~ (; 'i'.J, "I;. :~ . ,~ ~ 'y (' :,,:i ~ 63: I ' ' "- Ei~1 ' tl~. '. !f'.,; fi ':::!-- ,() ~ I , 0.. leI. ~ ,..0:,; t..~ ". (l~ d r- u <." ~ ~ / ~ ~ " " i, f~,' ;I;~ .' " , , .' .. ~J: 1,;;',,1 I1f' It,' " ,,' {, .,\ I, J.., l' ~ <1' ~ ('': .... .. r),.. n - i'l ~'~ , 1';"'- .,' .): I' f"' 1....1 ~: ~ .. ',;,:j (~p":" . , ( ~. ;'1' ~ ri\: I " ; E' I" (,"', i\ j "II ". It!. ....; ',1 ,- L!. (1:': .,1 U <S' U ~ " ~ ~ '1 ~~~ ~~ , r-- . ~ ~ A ~~) ~ '-- ~ 'S , ' j'i , " . , " " . .