Loading...
HomeMy WebLinkAbout96-05721 '''t). '::Y-'- "it'- a'--, ',' "::iIiiio' t.' ,"~--- '1" " .~ .' --. i~'.'l".'" ' t:iC;':' :,~;, '., "'f.2 l~ /! ~~. ~,/f;::: ~r DICKINSON COLLEGE, Plaintiff v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY. PENNSYLVANIA CIVIL ACTION - LAW VIRGILIO T BULANHAGUI, LYDIA A BULANHAGUI, his wife, snd LYNETTE A BULANHAGUI, Defendants ., . NO Yl t; /:J I t.ttJ..:i!.ell! NOTICE TO DEFEND You have been sued In court. II YOU wish to defend sllalnstthe claims set forth In the followlnll palin. YOU mUlttake acllon within twenty 1201 days alter this comolalnl and nollce are served. by entertnll a written aooearance ooraonally or by attorney end IiIlno In wrillno with the court vour defsnsel or oblec- lion I 10 the claim I let forth allalnst YOU, You are warned that If YOU fall to do so the case mey oroceed without YOU and a judcment may bs entered aoalnst YOU by the court wlthoulfurther nollce for any money claimed In the comolalnt or for any other claim or relief relluested by the olalnllll. You may lose money or orooerty or other rlchts Imoortantto 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 By . Step nson Matthe Attorney I.D. No. 67408 100 Pins Street p, 0, BOK 1166 Hsrrllburg, PA 17108.1166 (717) 232.8000 Allorneya for Plolnllff IJlcklnson College DICKINSON COLLEGE, Plolntlff v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY. PENNSYLVANIA CIVIL ACTION - LAW VIRGILIO T. BULANHAGUI. LYDIA A. BULANHAGUI, his wife, and LYNETTE A. BULANHAGUI, Defendants NO, 'It "'J.JI (,,;1 -/~,... COMPLAINT 1, Plaintiff Dickinson College ("Dickinson") Is an educatlonallnslltutlon of higher lesmlng which maintains an addrass st P.O Box 1773, Carlisle, Pennsylvania 17013. 2, Dsfendants Virgilio T. Bulanhagul and Lydia A Bulanhsgul, his wife, ("Parents") are adult Individuals whose last known eddress Is 105 Gifford Street. Norwich, Connecticut 06360, 3, Defendant Lynette A. Bulanhagul ("Student") Is an adult Individual whose last known address Is 105 Gifford Street, Norwich. Connecticut 06360. 4, On or about Auguet 26, 1967, Parents entered Into an Educational Goods and Services Retail Installment Contract ("First Contract") for expenses Incurred for goods and servlcee to be proVided and rendered to their daughtsr. Student, by Dickinson during the 1967.1966 scademlc yesI', A true end correct copy of the First Contract Is Incorporated by rsference and attached as Exhibit "A". 5, On or sbout January 16, 1988, Parents entered Into an Educational Goods and Services Retalllnstallmenl Contract ("Second Contract") for expenses Incurred for goods snd services to be provided and rendered to Student by Dickinson during the 1987.1988 academic year. A true and correct copy of the Second Contract Is Incorporated by reference and sttached aa Exhibit "B". 6. On or about September 9, 1988. Parente enterad Into an Educatlonsl Goods and Services Retail Installment Contract ("Third Contract") for expensee Incurred for goods and oervlces to be provided and rendered to Student by Dickinson during the 1988-1989 academic year, A true and correct copy of the Third Contrect Is Incorporeted by reference and attached as Exhibit "C", .~.- 7, On or about January 5, 1989, Psrant' entered Into an Educational Goods and Services Retalllnstallmont Contract ("Fourth Contract") for expenses Incurred for goods and services to be provided and rondered to Student by Dickinson during the 1988-1989 academic year. A true and correct copy of the Fourth Contract Is Incorporated by reference and altached as Exhibit "0". 8. On or about October 5, 1989, Parents entered Into an Educational Goods and Services Ratalllnstellment Contract ("Fifth Contract") for ex pen see Incurred for goods and services to be provided and rendered to Student by Dickinson during the 1989-1990 acedemlc year. A true and correct copy of ths Fifth Contract Is Incorporated by reference and allached ss Exhibit "E". 9, On or about October 5. 1989, Studant executed the Fifth Contract as a co-signer, thereby agrsolng to repay all amounte due on the loan If Parents defaulted In accordance with the terms of the Note. See Exhibit "E", 10. On or about September 24. 1990, Parents entered Into an Educational Goode and Services Retail Installment Contract ("Sixth Contract") for expansee Incurred for goods end services to be provided and rendered to Student by Dickinson during the 1990-1991 academic year. A true ond correct copy of the Sixth Contract Is Incorporated by referenca and altached as Exhibit "F". 11. On or about September 24, 1990, Student executed the Sixth Contract es a co-signer, thereby egreelng to repay ell amounts due on the loan If Parents defaulted In eccordance with tho terms of the Note. See Exhlbll "F", 12. On or about May 14, 1991, Parents entered Into an Educational Goods and Services Retail Installment Contrect ("Seventh Contract") for exponses Incurred for goods and services to be provided and rsndersd to Student by Dickinson during the 1990-1991 academic year. A true and correct copy of the Seventh Contract Is Incorporated by reference and allached as Exhibit "G", 13, On or about Moy 14, 1991, Student executed the Seventh Contract as a co-signor, thereby agreslng to repay all amounts due on the losn II Parents defaulted In Iccordance with the torms of tho Noto, See Exhibit "F", .2- COUNT I DICKINSON COLLEGE V, VIRGILIO T, BULANHAGUI AND L VOlA A, BULANHAGUI BREACH OF CONTRACT 14. Poragraphs 1 through 13 sre Incorporated herein by reference as If set forth In full balow. 16. Undar tho terms of tha First Contract, Parents sgreed to pay Dickinson Twenty-five Hundrad Dollars ($2,600), with Inlerest attha Initial rote 01 eleven parcent (11%) per annum, In forty- four (44) equal monthly Installments 01 Twenty-two Dollars and Ninety-two Cents ($22.92) commencing on or about September 30, 19B7, to Increase to seventy-two (72) equsl monthly Installments of Forty- seven Dollars snd Fifty-eight Cents ($47.68) commencing on or about May 30, 1991. 16. Under the terms of the Second Contract, Parents agreed to pay Dlcklneon Ona Thousand Dollars ($1,000), with Interest at the Inltlol rate 01 9.247% per annum, In one hundred forty- eight (148) equal monthly Installmants 01 Eleven Dollars and Thirty-five Cents ($11.36) commencing on or about January 31,1988. 17, Under tho terms of the Third Contract, Parents agreed to pay Dickinson Twenty-five Hundred Dollars ($2.600), with Interest at the Initial rate of eleven percent (I I %) per annum, In thirty- two (32) equal monthly Installmants of Twenty-two Dollors and Ninety-two Cents ($22.92) commencing on or about September 30, 1988, to be Increased by Moy 30, 1990 to seventy-two (72) equal monthly payments thereafter at Forty-seven Dollars and Filly-eight Cents ($47.68) per paymont. 18. Under the terms of the Fourth Contrect, Parents agreed to pay Dickinson Ona Thousend Dollars ($1,000), with Intorelt at the Inlllel rale of 9986% psr annum, In ons hundred thirty- Ilx (138) equsl monthly Installments 01 Twelve Dollars and Thirty-one Cenls ($12.31) commonclnll on or about January 31, 19B9 19. Under the terms 01 the Fifth Conlrect, Parent. egreed to pay Dickinson Sav.n Thou.and Dollar. ($7.DOO), with Intara.t at the Initial rala of 11.764% per annum, In ona hundred -3- twenty-elght (128) equel monthly Inatellments 01 Nlnety-alx Dollers end Twenty.three Centa ($96.23) commencing on or ebout October 30, 1989. 20. Under the term a 01 the Sixth Contrect. Perenta sgreed to pey Dlcklnaon Twenty-five Hundred Dollers ($2,600), with interest etthe Initial rats 01 eleven percent (11%) per ennum, In one hundred eight (108) equal monthly inalallments 01 Twenty.two Dollers end Ninety.two Cents ($22.92) commencing on or about October 28, 1990, to Increaee to Forty-seven Dollars snd Fifteen Cents ($47.16) per month lor seventy-two (72) equal monthly payments thereafter commencing Mey 28, 1990. 22. Undor the terms 01 the Seventh Contract, Parents egread to poy Dickinson Three Thousand Eight Hundred Ninety-live Dollarl ($3,896), with Intarest stthe Inlllal rate 0110.769% per annum, In ons hundred eight (lOB) equal monthly Installments 01 Fifty-six Dollars and I'orty-Ilvs Cents ($66.46) commencing on or about May 26, 1991. 23. With the lull knowledge 01 Perents and Student and without objection Irom them, the First and Third Contracts were consolidated by Dickinson lor ease 01 the payment process lor Perents and/or Student. 24. With the full knowledge 01 Parents and Student and wllhout objection from them. the Second and the Fourth Contracts were consolidated by Dickinson for ease 01 the payment process for Perenls end/or Student. 26. Soctlon II 01 the First Contract, Sscond Contract, Third Contract, Fourth Contract, Fifth Contract, Sixth Contract and Seventh Contract (collectively, "Contracls") provides that "(1)1 a payment Is more than 16 dayslale, a sum equivalent 10 6% 01 the late pay men I (but no more than $2.60 and not Ie.. thin $1.00) may be charged" 26 Section VI, Paragraphs 3(a) and (b), of the Contracts provldos that Parents "shall be deemed to hive commllled an 'EVent 01 Delaull' 01 the Contract upon the occurrence 01 ... lallure to -4- make a payment on or belore the date It Is due. [or) ." lallure to make a payment on any other Contrect outstanding with [Dickinson) ."," 27, Section VI. Paragreph 4, 01 the Contracts provides thotlf an Event of Default of the Contracts occur, and Is not cured by Parente pursuant to tha notice 01 default. Dickinson has "the right to declare ell Bums due on the Contract(sJ to be Immediately due and payable." 28. Section VI, Paragraph 4. of the Third, Fourth, Fifth, Sixth and Seventh Contrects lurther provides that Parente "agree to pay all attomsy's fees and other reasonsble collection coste and charges neceessry for the collection of any smount not paid when dus." 29, Parents defaulted on tho Contracts by failing to make the required monthly payments on any of the ssven (7) Contracts due and owing to Dickinson since December 11, 1996, 30. Notices were forwarded to Parents Informing Parents 01 their defaults and their right to cure such defaults. 31, Parents failed to cure such delsulte. 32, Therelore, Dickinson has exercised Its ri9htto declare all sums due on the Contrects to be Immediately due snd payable. 33, Parents hsve fallad to make such paymant. 34. The total amount which has become Immediately due and poyablo to Dickinson by Parents pursuant to the First and Third Contracts as 01 Auguet27, 1998. Is Six Thousand One Hundred Twelve Dollars and Twelvs Cents ($6.112.12), which Includes principal In the amount of Four Thouesnd Nine Hundred Forty-one Dollars and Thirty Cents ($4,941.30), Interest In the amount 01 One Thousand Seventy-two Dollars and Nlnoty-alght Cents ($1,072.98), late lees In the amount of Ninety- seven Dollare and Eighty-four Cents ($97.84), plue attorneys' lees and colloctlon costs. 36, Tha total amount which hae become Immediately due and psyable to Dickinson by Parents pursuant to the Second and Fourth Contracts ss 01 August 27. 1996, Is Two Thousand One Hundred Seventy-nine Dollars and Forty-two Cents ($2,179.42), which Includes prlnclpslln ths amount -6- of One Thoueand Five Hundred Fifty-nine Dollars end Seventy-three Cents ($1,559,73), interest In ths amount of One Hundred Sixty-four Dollars and Eighty-five Cents ($164.85), plus late fees and charges In the amount of Four Hundred Fifty-four Dollars and Eighty-four Cents ($454.84). pius attorneys' fees snd collection costs. 36. The total amount which has become immediately due and payable to Dickinson by Parenle pursuant to the Fifth Contract as of August 27, 1996, Is Seven Thoueand Seven Hundred Elghty.elght Dollare and EI9hly Cents ($7,788.60), which Includes principal In the amount of Six Thousand Six Hundred Eight Dollars and Ninety-five Cents ($6,608.95), Intersstln the smount of One Thousand One Hundred Fifty-seven Dollars and Thirty-five Cenls ($1,157.35), late feee In the emount of Twenty-two Dollars and Fifty Cents ($22.50), plus sttorneys' Ieee and collection coste, 37. The total amount which has become Immediately due snd payable to Dlcklneon by Parents pursuant to ths Sixth Contract as 01 August 27, 1996, Is Two Thousand NI"e Hundred Thirty- five Dollars and Ninety-six Cents ($2,935.96), which Includee principal In the amount of Two Thousand Four Hundred Eighty-seven Dollars snd Eight Cents ($2.487.08), Interest In the smount of Four Hundred Twenty-six Dollars and Thirty-eight Cents ($426.38), late fees in the amount of Twenty-two Dollars and Fifty Centa ($22.50). plus attomeys' feee and collection coste. 38. The total amount which hae become Immediately due and payable to Dickinson by Parente pursuant to the Seventh Contract se of August 27, 1996, Is Four Thousand Six Hundred Thlrty-eeven Dollsrs snd Thlrty-elght Cents ($4,637.38), Which Includee principal In the amount of Three Thousand Eight Hundred Ninety-five Dollars ($3,895), Inlerest In the amount of Seven Hundred Nineteen Dollars snd Eighty-eight Cents ($719.88). late fees In tho amount of Twenty-two Dollars and Fifty Cents ($22.50), plus sttorneys' feee and collection cosls. WHEREFORE. Plaintiff Dickinson College demande judgment sgalnst Defendants Virgilio T. Bulanhagul and Lydia A Bulanhagulln the sum of Twenty-three Thousend Six Hundred Fifty-three -6- Dollars and Slxty-elght Cants ($23,653,66); plus Intarast at tha rsta 01 nlnaand ona-quarter percent (9,25%) ($5.99 per diem) Irom August 27. 1900, late lees, attorneys' lees, collection costs snd costs 01 suit, which sum exceeds the Jurlsdlctlonalllmit lor compulsory arbltretlon, COUNT II DICKINSON COLLEGE V, LYNETTE A, BULANHAGUI BREACH OF CONTRACT 39, Paragrephs 1 through 36 are Incorporated herein by relerance as II set lorth In full. 40, Student signed the Flllh, Sixth and Sevanth Contracts as "Student Coslgne~' and "agree[d) to repay all amounts due on this loan lithe Borrowar(s)/Buyers(s) (Parents) lall to do so In accordance with the terms of the Note," 41, Because psrents have lalled to make payments when due, causing ths Flllh, Sixth and Saventh Contracts to be In delault. Student Is obligated to repay all amounts due under these Contracts, 42, Dickinson has damanded paymen, JI the obligations owed to It by Student under the above Contracts, 43. Studant has faUad to make such paymont. 44, The total amount which has becomalmmadlately due and payabla to Dlcklnlon by Student pursuant to tha Contracts as of August 27, 1996, Is Flllean Thousand Three Hundred Sixty. two Dollars and Fourteen Cents ($15,362,14), which Includes principal In the amount 01 Twelve Thousand Nina Hundrad Nlnaty-ona Dollars and Three Cents ($12,991.03), Interest In thaamount of Two Thousand Threo Hundred Three Dollars and Slxty-ona Cents ($2,30361), late feas In the amount 01 Slxty-saven Dollars and Filly Cents ($67.60), plus attornays' lees and colloctlon costs. WHEREFORE, Plalntllf Dickinson Colloge demands Judgment against Dalendant Lynette A, Bulanhagulln tha sum of Flllean Thousand Threa Hundrad Sixty-two Dollars and Fourteen Cents .7- ($16,362.14), plUllnte"lt It thl rIte of nlnl Ind onl-qulrter percent (9.26%) ($3.69 per diem) from Augult 27, 1996; lIte fell. etlomeYI' feel. end/or collectlonl costl end costl of suit. which lum exceedl the Jurildlctlonlllimlt for compullory erbltratlon. COUNT III DICKINSON COLLEGE V, LYNETTE A, BULANHAOUI IN QUANTUM MERUIT In the altemltlve, If this Honorable Court should determine thet en express conlrlct between Dickinson Ind Sludent does not exist, which Is denied, Dickinson plelds the following Court Ia Quanfum Marulf, 46, Perlgrlphs 1 through 44 ere Incorporllod herein by reference II If set forth In fult. 46. HIving requested Dickinson to loan money, and doing so to the benafit of Sludent, Studant became liable 10 Dickinson for seld money. 47. Student hes been unJultly enriched by ecceptlng said money without paying Dickinson rellonlbla compenlltlon therefor, 48. Thl totel emount by which Student hal become Inrichld on account of the monay loened II Twenty-three Thoulend Six Hundred Fifty-three Dolterl and Sixty-eight Cents ($23,663,68). 49. Dlcklnlon hel demended peyment of the ebove suml but Student has felied and reful8d to do 10. WHEREFORE. Plelntlff Dlcklnlon College demand I Judgment egalnlt Defendent Lynetls A. aulenhagulln Iha lum of Twenly-three Thouland Six Hundred Fifty-three Dollarl and Slxty-elght Centl .1. ($23.653,68). plus Interest et Five Dollars and Nlnety-nlns Cents ($5,99) per diem from Augusl27. 1996. until Student's obllgstlon Is paid In full. plus cosls of suit, which sum axceeds the Jurisdictional limit for compulsory arbllratlon. McNEES. WALLACE & NURICK By F Step enson Matthes Attorney I,D, No, 67408 100 Plno Street P. 0, Box 1188 Harrisburg. PA 17108.1166 (717) 232-8000 Doted: k-/obtr If' ,I'" Attorneys for Plaintiff Dickinson COII.g. .g. VERIFICATION Subject to the penalties 0118 Pe. C.S. ~4904 relating to unlworn lalllficatlon to authorities. I hereby certify that I em Thomal B, Meyer 01 Dlcklnlon College, end I am authorized to verify thll Complelnl on III bahall, and lurthar. that the lactl setlorth In the loregolng Complaint are true end correct to the best 01 my Inlormotlon end bellel. (-)__)) Ie ,"/ ( C Thom.. B,.~.t!r . 1'1./ 1'1 '7ft' Deted: :S.{'/(...'l' ... Exhibit" A" " " ( r DICKINSON COLLEGE FLEXIBLE FINANCING SYSTEM - 2500 PLAN EDUCATIONAL GOODS AND SERVICES RETAIL INSTALLMENT CONTRACT Date AUQust 26, 1987 t. Seller I Dickinson College, Carlisle, Pennsylvania 17013 Mr and Mr~. Virgili" T Rlllanhao"i 105 Glfford Street Norwlth, CT 06360 If there is more than one Buyer, each of you will be obligated, jointly and severally, for all sums due and for the performance of all agreements ss provided in this Contract. Under the terms of this Educational Goods and Services Retail Installment Contract, you have agreed to pay the expenses incurred for goods snd services to be provided and rendered, as the case may be, to Lynette A. (hereinafter "Student") during his/her enrollment at Dickinson College during the 1987-88 academic year, including tuition, room and board, books and supplies as herein stated (hereinafter the "Gooda and Servicea"). The Gooda and Services shall include only the following: Tultlon and room and board. Buyer (a): . Il. TERMS OF PAYMENT AND PAYMENT SCHEDULE Disclosures Required by Federal Law ANNUAL FINANCE AMOUNT FINANCED: TOTAL OF TOTAL SALE PERCENTAGE CHARGE I Amount of credit PAYMENTS: PRICEI RATE I Dollar Amount provided by Amount psid Totsl coat of Cost of credit credit will Dickinson College by Buyer aa purchase on as yearly rate cost Buyer total of all credit, in- acheduled eluding down Prior to repay- )19>- paymen ta psyment of men till. 000 ~ $12.150.00 I. . " 1 ~ During repay- J Dtfl. .. mentl 10.996 " $"~ $ 2500.00 $ 4807. 16 $ 14,650.00 . " (' (' Buyer's payment schedule will be as followsl Number of Ps ments Amount of Pa ments When Pa ments Are Due 44 $22.92 monthly commencing 9/30/87 and continuing until 4/30/1)1 or such time as Student is no long- er enrolled at Dickinson (or in an approved full-time off-campus pro- gram of studies). whichever is earlier. 72 $47.58 monthly commencing 5 30 91 or such time as Student is no longsr enrolled at DickinliJln (or in an approved full-time off-campus program of studies), whichever is earlier. Late charge I If a payment is more than 15 days late, a sum equivalent to 5% of the lats payment (but no more thsn $2.50 snd not less thsn $1.00) may be charged. Prepayment: Buyer may prepay the unpaid balance of the Amount Financed and any FINANCE CHARGE due through the date of early payment, in full or in psrt, without penalty. SEE SECTION VI OF THE CONTRACT BELOW FOR ANY ADDITIONAL INFORMATION ABOUT NON- PAYMENT, DEFAULT AND REQUIRED REPAYHENT BEFORE THE SCHEDULED DATE FOR REPAYMENT OF THE AMOUNT FINANCED. III. ITEMIZATION OF AMOUNT FINANCED 1. Cash price of Goods and Services: $.J4.650.00 12,150.00 2. Total down payment: 3. Unpaid balance of cash price (I - 2)1 2.600,00 4. Amount paid to others on Buyer I a behalf 1 .0- 5. Amount Finsnced (3 + 4)1 $~OO,OO ,. -2- " ( r IV. CREDIT INSURANCE Credit life insurance for the term of this Contract is not required. V. NO WARRANTIES THERE ARE NO WARRANTIES, EITHER EXPRESSED OR IMPLIED, GIVEN BY SELLER IN CONNECTION WITII SALE OF TilE GOODS AND SERVICES COVERED BY THIS CONTRACT UNLESS BUYER lIAS BEEN GIVEN A SEPARATE WRITTEN WARRANTY. VI. ADDITIONAL PROVISIONS 1. Buyer agrees to pay Seller the Total Sale Price by making the total down payment and paying Seller the Total of peymenta in the number and amount of monthly payments shown in the Payment Schedule. peyments are due on or before the aame date of each month as the first payment date. Payment. must be made to Fidelity Bank at the followins addreaal Fidelity Bank 14l Garrett Road Upper Darby, PA 19082 2. Buyer'a legal righta include the right to pay all or part of the a$ounte due on thia Contract in advance of their due dates, to obtain a refund or credit of unearned Finance Charge whenever the am~unt is paid in full in advsnce, snd (with Seller'a consent) to reinstate the Contract if Buyer timely cura. any default . 3. Buyer 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 outatandinll with Seller, (c) failure to perform any other proviaion of the Contrsct, (d) providing Seller with false information or Billnaturea, (e) death, incompetence, or conviction of any Buyer of crime in- volving frsud or dishoneaty, (f) insolvency or bsnkruptcy of any Buyer. 4, Upon or after the occurrence of any Event of Default, Beller will provide Buyer with notice, by certified mail as required by law, addreaaed to Buyer'a last known addresa aa shown on Seller's records, advieinll Buyer of tha default and of Buyer' a right to cure the default. The notice will provids the time, amount and performance necessary to cure the default. If Buyer does not cure the default sa provided in the notice, Beller's rillhts shall include the right to declare all sums due on the Contract to be immediately due and payable. . -)- '.' ", r (' 5. Waiver by Seller of any event of default shall not be binding upon Seller if Seller should thereafter choose to exercise that or any other right or a aimilar Event of Default occura later. All Seller's righta and remedies shsll be cumulative. Seller's exercise of one or more rights ahall not cause Seller to loae any other rights. 6. This Contract ia freely assignable by Seller. Buyer agrees that upon receiving notice of the asaignment Buyer shall be obligsted to the Assignee of this Contract. which Assignee shall have all of Seller's rights and remedies. 7. If any part of this Contract is held to be illegal, void or unenforceable, that provision shall be deemed not to have been a part of thia Contract, which shall otherwise remain fully effective. 8. The laws of the Commonwealth of Pennsylvania shall apply to this Con- tract excapt to the extent supplemented, superaeded or pre-empted by federal law. 9. This Contract shall be binding upon the parties hereto, their heirs. auccessora. asaigns and legal repreaentatives. 10. TIME IS OF TIlE E8SENCE OF THIS CONTRACT. NOTICEl ANY HOLDER OF THIS CONSUMER CREDIT CONTRACT IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH THE DEBTOR COULD ASSERT AGAINST THE SELLER OF GOODS OR SERVICES OBTAINED PURSUANT HERETO OR WITH THE PROCEEDS HEREOF. RECOVERY HEREUNDER BY TIlE DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR HEREUNDER. NOTICE TO BUYER I (I) DO NOT SIGN THIS AGREEMENT BEFORE YOU READ IT OR IF IT CONTAINS ANY BLANK SPACE. (2) YOU ARE ENTITLED TO A COMPLETELY FILLED-IN COPY OF THIS AGREEMENT. (3) UNDER TIlE LAW. YOU IIAVE TilE RIGHT TO PAY OFF IN MlVANCE THE FULL AMOUNT DUE AND UNDER CERTAIN CONDITIONS TO OBTAIN A PARTIAL REFUND OF THE FINANCE CHARGE. BUYtR(S) ACKNOWLEDGE(S) RECEIVING ^ COMPLETED COpy OF TillS CONTRACT AND INTEND(S) TO BE LEGALLY BOUND BY ITS TERMS. BUYER(S) I '~I ~: bL.:f . ,,( "f.t.Ah HI ~ (r~'tt.).,,~' Ai IJI/\-(;~.......t.p-r"".'. II ,..:- DATEI DICKINSON COLLEGE 7 Ii I' ,- 191 '1 By (,)2;7, :J .4"_ -4~ i j Exhibit "S" .' ( r DtCKINSON COLLEGE FLEXIBLE FINANCING SYSTEM - 7000 PLAN EDUCATIONAL GOODS AND SERVICES RETAIL INSTALLHENT CONTRACT Date January 15. 1988 1. Seller: Dickinson College, Carlisle, Pennsylvanis 17013 Buyer(s): Mr. and Mrs. VlrQl1lo Bulanhagul 105 Glfford Street N~rwi~h, r.r 05360 If there is more than one Buyer, eBch of you will be obligated, jointly and severally, for all sums due and for the performance of sll agreements as provided in this Contract. Under the terma of this Educational Goods and Services Retail Install- ment Contract, you have agreed to pay the expenses incurred for goods and servicea to be provided and rendered, as the case may be, to Lynette N. Bul anhaQul (hereinafter "Student") during his/her enrollment at Dickinson College during the 1987-88 academic year, including tuition, room and board, books and supplies as herein stated (hereinafter the "Goods and Services"). The Goods and Service a shall include only the following: T,ll ti nn and room and hoard II. TERMS OF PAYMENT AND PAYMENT SCHEDULE Disclosures Required by Federal Lsw ANNUAL FINANCE AMOUNT FINANCED: TOTAL OF TOTAL SALE PERCENTAGE CHARGE: Amount of credit PAYMENTS: PRICE: RATEliIr Dollar amount provided by Amount paid Total cost of Cost of credit credit will Dickinson College by Buyer as purchase on es yearly rate cost Buyer total of all credit. in- scheduled cluding down payments payment of $ 13,.550.00 9.247 X $ 573.aO $1,000.00 $ 1.,579.80 $ 14,550.00 9~"'" r r Buyer's payment schedule will be ss follows I Number of pa ents Amount of Pa ents When pa ents Are Dus 148 $11. 35 Monthly commencing 1/31/88 until 5/30/00 *Variable Rate: The ANNUAL PERCENTAGE RATE disclosed above is a variable rate and may change. The ANNUAL PERCENTAGE RATE may increase during the term of this transsction if the prime rate of interest announced in the Wall Street Journal as of the closs of business on June 30 of each calendar year increases, and will be increased to the prime rate plus 1%. The ANNUAL PERCENTAGE RATE will not increase more than once a year, and the new interest rate will become effsctive on July I following the increase, if any, in the prime rate of interest. Any increase will be in the form of higher payment amounts. If your cost of the Goods and Services sold hereunder were $ 1 nnn no at 9.25 % per annum for 148 months, snd the prime rate plus 1% were ipcressed to 10.25%, your regular monthly payments would incresse to $ 11.92 Further, the ANNUAL PER- CENTAGE RATE will not increess to more than 18% or such other rate as may be permitted under the Pennaylvania Gooda and Services Installment Salea Act. Late Charge I If a payment is more than IS 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. Prapn}~entl Buyer may prepay the unpaid balance of the Amount Financed and any FINANCE CHARGE due through the date of early payment, in full or in part, without penalty. SEE SECTION VI OF THE CONTRACT BELOW FOR ANY ADDITIONAL INFORMATION ABOUT NON- PAYMENT, DEFAULT AND REQUIRED REPAYMENT BEFORE TllE SCHEDULED DATE FOR REPAYMENT OF THE AMOUNT FINANCED. -2- 3. Unpaid balance of caah price (1 - 2)1 4. Amount paid to othera on Buyer's behalfl 5, Amount Financed (3 + 4)1 $ 1,000.00 r r tIt, tTEHlZATION OF AMOUNT FINANCED 1. Cash price of Goods and Serviceal $.......1!J~O.OQ 13,650.00 1,000.00 -0- 2, Total down paymentl IV. CREDIT tNSURANCE Credit lifa inaurance for the term of this Contract ia not required. V. NO WARRANTtES THERE ARE NO WARRANTIES, EITHER EXPRESSED OR IKPLlED, GIVEN BY SELLER IN CONNECTION WtTH SALE OF THE GOODS AND SERVtCES COVERED BY THIS CONTRACT UNLESS BUYER HAS BEEN GtVEN A SEPARATE WRITTEN WARRANTY, Vt. ADDITIONAL PROVtSIONS 1.. Buyer egrall to pay Seller the Total Sale Price by making the total down payment and payins Saller the Total of Payment a in tha number and amount of monthly payments ahown in the Payment Schedule. Payment a are due on or before the seme data of each month aa the firat payment data. Payments mUlt be made to F1dellty 8ank at the follow1ng address: F1dell ty 8ank 141 Garrett Road Upper Darby, PA 19082 2. Buyer'a legal rishta include the risht to pay all or part of the amountl due on thia Contract in Idvlnce of their due dates, to obtain a rafund Dr credit of unearned Finance Charge whenever the amount ia psid in full in advlnce, and (with Seller's conaent) to reinstate the Contract if Buyer timely cures any default. 3. Buyer shall be deemed to have committed en "Event of Default" of the Contract upon the occurrance of any of the followinSI (e) fallura to ~ake any payment on or before the date lt ia dUI, (b) failurl to maka a payment on any other contract outstandlns with Seller, -3- (' ( (c) failure to perform any other provision of the Contrsct, (d) providing Seller with false information or signatures, (e) death, incompetence, or conviction of any Buyer of crime in- volving fraud or dishonesty, (f) insolvency or bankruptcy of any Buyer. 4. Upon or sfter the occurrence of 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 recorda, adviaing Buyer of the default and of Buyer's right to cure ths default. The notice will provide the time, amount and performance necesaary to cure the default. If Buyer does not cure the default as provided in the notice, Seller's rights shall include the right to declare all sums due on the Contract to be immediately due and payable, 5. Waiver by Seller of any event of default ehall not be binding upon Seller if Seller ahould thereafter choose to exercise that or any other right or a similar Event of Default occurs later. All Seller's rights and remediea shall be cumulativa. Seller's exerciaa of ons or more rights shall not cause Seller to lose any other rights. 6. This Contract is freely asaignable by Seller. Buyer agreea that upon receiving notice of the assignment Buyer ahall ba obligated. to the ABBignee' of this Contract, which Asaignee ahall have all of Seller's rights and remedies. 7. If any psrt of this Contract is held to be illegal, void or unenforceable, that provision shall be deemed not to have been a part of this Contract, which shall otherwise remain fully effective. 8. The laws of the Commonwealth of Pennsylvania shall apply to this Con- tract except to the extent supplemented, auperaeded or p,re-empted by federal law. 9. nlis Contract ahaIl be binding upon the parties hereto, their heirs, successors, assigns and legal representatives. 10. TIME IS OF TilE ESSENCE OF TIllS CONTRACT. NOTICE I ANY HOLDER OF TIllS CONSUMER CREOlT CONTRACT IS SUBJECT TO ALL CLAIMS AND DEFENSES WIllCH TilE DEBTOR COULD ASSERT AGAINST TilE SELLER OF GOODS OR SERVICES OBTAINED PURSUANT ILERETO OR WlTlI TilE PROCEEDS HEREOF. RECOVERY IIEREUNDER BY TilE DEBTOR SIIALL NOT EXCEED AHOUNTS PAID BY TilE DEBTOR ILEREUNDER. NOTICE TO BUYER I (1) DO NOT SIGN TIIIS AGREEMENT BEFORE YOU READ IT OR IF IT CONTAINS ANY BLANK SPACE. (2) YOU ARE ENTIn.EO TO A COMI'LETELY FtLLED-IN COpy O~' TillS AGREEMENT. (3) UNDER TIUt LAW, yOU llAVE TilE RtGIIT TO \'AY on' tN ADV;.NCB .1,- . , r ,.. THE FULL Ao'fOUNT DUE AND UNDER CERTAIN CONDITIONS TO OBTAIN A PARTI.\L REFUND OF THE FINANCE CHARGE, BUYER(S) ACKNOWLEDGE(S) RECEIVING A COMPLETED COPY OF THIS CONTRACT AND INTEND(S) TO BE LEGALLY BOUND BY ITS TERMS, I . r: f I BUYER(S) I ..-111 ,~. ~ ~rJ... ~""" . A.t A- '4.J-JJev-L..- (____ ~ v' DATEI DICKINSON COLLEGE 1- 11)- !J B ~7 a.--t--<-(.e.-, .-.J By FOR DICKINSON COLLEGE USE ONLY , For value received, Sellsr hereby sslls, assigns, and transfers to P1d,l1ty Bank sll of Sellar', righta, title snd interest in thi. Educational Goode and Services Retail Installment Contract, with full recourse to Seller. This -1-7(1/ III day of DICKINSON COLLEGE, BYI , 19 ~=i ,,~ {vt--L7, -(""l1.-f ,{-tt-l6___ TITLE -5- Exhibit "e" r (' DICKINSON COLLEGE FLEXIBLE FINANCING SYSTEM - 2500 PLAN EDUCATIONAL GOODS AND SERVICES RETAIL INSTALLMENT CONTRACT Date SeDtember 9. 19BR I. Seller I Dickinson College, Carliale, Pennaylvania 17013 Buyar (a) 1 Vlrg1110 T. and Lydla A. 8ulanhaaul 105 Glfford Street Norwich. CT 06360 If there is more than one Buyer, each of you will be obligated, jointly and aeverally, for all aums due and for the performancs of all egreamenta aa provided in this Contract. Under the terms of thia Educational Uoods and Servicea Retail Inatallment Contract, you havs agreed to pay the expenaea incurred for gooda and aervices to be provided and rendered, ss the case may be, to ~l!ttl! (hereinafter "Student") during his/her enrollment at-Dic1dnson College dutins the 1988-89 academic year, including tuition, room and board, books and supplies as herein stated (hereinafter the "Goods and Services"). The Goods and Servicss shall include only the following I Tuition. room lmd hnllrd II. TERMS OF PAYMENT AND PAYMENT SCHEDlILE Diaclosures Required by Federal Law ANNUAL FINANCE AMOUNT FINANCED I TOTAL OF TOTAL aALE PERCENTAGE CHARGE I Amount of credit PAYMENT a I PIlICEI RATE 1 Dollar Amount prOVided by Amount paid Total COlt of Cost of credit credit will Dickinaon College by Buyer 18 purcha.. on ss yearly tate cost Buyer total of all cradit, in- scheduled eluding down Prior to rapay- payments payment of mentl 11.000 % $ 1:I,3Qn no During repay- ment I 10.996 % $ 1.734.20 $ 2,sno.nn $ 4,714 7n $ 1"~Ann nn .' r (' Buyer's payment schedule will be as followSI Number of pa manta Amount of pa ments When Pa mente Are Due 32 $22.92 monthly commencing 9/30h88 and continuing until 4/3 /91 or such time as Student ie no long- er enrolled at Dickinson (or in an approved full-time off-campua pro- gram of studiea). whichever is earlier. 72 $47.58 monthly commencing 5/30/91 or auch time ae Student is no longer enrolled at Dickinaon (or in an approved fulI-tima off-campus program of studies), whichever is earlier. Late charges If a payment is more than 15 days late. a sum equivalent to 5X of the late payment (but no more than $2.50 snd not lsss than $1.00) may be charged. Prepayments Buyer may prepay the unpeid balance of the Amount Financed and any FINANCE CHARGE due throuih the date of early payment, in full or in part, without penalty. SEE SECTION VI OF TIlE CONTRACT BELOW FOR ANY ADDITIONAL INFORMATION ABOUT NON- PAYMENT, DEFAULT AND REQUIRED REPAYMENT BEFORE THE SCHEDULED OATE FOR REPAYMENT OF THE AMOUNT FINANCED. III. ITEMIZATION OF AMOUNT FINANCED 1. Cuh price of Goods and Services I . ...151800.00 13,300.00 21600.00 2. Total down psymentl 3. Unpaid balance of cssh price (I - 2)1 4. Amount paid to others on Buyer'e \lIhalfl 5. Amount Financed (3 + 4)1 ...0- . 2.600.00 ~ ..' , -2- ( ( IV. CREDIT INSURANCE credit l.1fe insurance for the term of this Contract is not reC\uired. V. NO WARRANTlES '''''' ARE NO ._.". ","R ExP"SSW OR I"LIlll. GIVEN" EELLER EN GGNNECTIGN WE11I SA'E OF ,HE GOODS ... .'ERV"" G'VERlll " 11IIS co_" UNLESS BUYER HAS BEEN GIVEN A SEPARATE WRITTEN wARRANTY' VI. ADDITIONAL PROVISIONS 1. Buyer agrees to pay seller the Total Sale price by making the total down payment and paying sell er the Total of paymentS in the number and a\llOlInt of monthly payments s~own in the Payment Schedule. payments are due on or before the same date of each month as the firat payment date. Payments must be made to pidelity Bank at the following address I Pidelity Bank 141 Garrett Road Upper Derby, PA 19082 2. Buyer'S legal rightS include the right to pay all or part of the emounts ". " ,h1o G,""" " .'v"" ,f 'h.l, ". ,.".. " ,b,.I, · "f'" " ",'I' ,f "..,,., ",.". Cbo',. vh,"V" ,b, ,..", ,. p'" " "I' "' ",v."" ... (with Seller'S consent) to reinatate the Contract if Buyer timely cures any default. 3, Buyer shall be deemed to have committed an "Event of Default" of the Contract upon the occurrence of any of the 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 Contrect, (d) providing Seller with falae information or signatures, (e) death, incumpetence, or conviction of any Buyer of crime in- volving fraud or dishonesty, (f) insolvency or bankruptcy of any Buyer. 4. Upon or after the occurrence of any Event of Default, seller will p"vl'. "p" w"" "",.. by ,.,"f'" ..,1 .. ,..'"" by ,.W. .",..... " ',p,,'. ,,,, ,.."" .dd"" " .h''''' .. S.U,,'. """" .'v,.", "y" ,f ,h. 'of"" ", ,f ",,," ",h' " ,," ,b. "f "". ,,,, .."" w11' p'''''' <b. U.... ",," ,,' p",,,..... ,.,,,.,,y " "n ,'" '.f"'" 1f ',y" 'u' ''" ,,,. <b. ,.f"" .. p'"'''' " <b. ..Un. ,.11"" ,,,h" .b.U ,,,.,,. "" ",h' " ,.,..,. ,.. ".. ". " ,'" C""." " b' ,...""..y ". ." p.,.b", 'b' ",., ."... " p,' ... .".".~. ,... ... ".., ,...".,.. ,....".., ".,. and charSoa nocosnory for tho collection Qf ony amount not paid when dua. -3- ( r 5. Waiver by Seller of any event of default shall not be binding upon Seller if Seller ahould 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 cumulstive. Seller'a exercise of one or more rights shsll not caUBB Seller to lose any other rights. 6. Thia Contract is freely assignable by Seller. Buyer agreea that upon receiving notice of the assignment Buyer shall be obligated to the Assignee of thia Contract, which Assignee shall have all of Seller'a rights and remedies. 7. If any part of this Contract is held to be illegal, void or unenforceable, that proviaion shall be deemed not to have been a part of thia Contract, which shall otherwise remain fully effective. B. The lawa or the Commonwealth of Pennsylvania ahall epply to this Con- tract except to the extent supplemented, superseded or pre-empted by federal law. 9. This Contract shall be binding upon the parties hereto. their heirs. successors, assigns and legal repreaentativea. 10. TIME IS OF THE ESSENCE OF THIS CONTRACT. NOTICE: ANY HOLDER OF THIS CONSUMER CREDIT CONTRACT IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH THE DEBTOR COULD ASSERT AGAINST THE SELLER OF GOons OR SERVICES OBTAINED PURSUANT ImRETO OR WITH ~HE PROCEEDS HEREOF. RECOVERY ImREUNDER BY THE DEBTOR SHALL NOT EXCEED AHOUNTS PAID BY THE DEBTOR HEREUNDER. NOTICE TO BUYER: (1) DO NOT SIGN THIS AGREEMENT BEFORE YOU READ IT OR IF IT CONTAINS ANY BLANK SPACE. (2) YOU ARE ENTITLED TO A COMPLETELY FILLED-IN COpy OF THIS AGREEMENT. (3) UNDER THE LAW, YOU HAVE THE RIGHT TO PAY OFF IN ADVANCE Tim FULL AMOUNT DUE AND UNDER CERTAIN CONDITIONS TO OBTAIN A PARTIAL REFUND OF THE FINANCE CHARGE. BUYER(S) ACKNOWLEDGE(S) RECEIVING A COMPLETED COpy OF THIS CONTRACT AND INTEND(S) TO BE LEGALLY BOUND BY ITS TERHS. -1 h ~ ~.- I BUYER(S) I DATEI DICKINSON COLLEGE 1 11'1../ 88 , , (:J!/1~'-I.-,I\- ..../ By . -4- . " , , r ~\\C\('~1..':l ~\\C,\JJt(' , . DICKINSON COLLECE FLEXIBLE FINANCINC SYSTEM - 7000 PLAN EDUCATtONAL GOODS AND SERVICES RETAIL INSTALLMENT CONTRACT Dste January 5, 1989 1, Seller I Dickinson College. Carlisle, Pennsylvania 17013 Buyer(a)l VirgiliO T, and Lydia A. 8ulanhaguI 105 Gifford Street Norwich, CT 06360 If there is more than one Buyer, each of you will be obligsted, jointly and severally, for all sums due and for the performance of all aKreemsnts as provided in this Contract. Under the terms of this Educational Gooda and Sarvicea Retail tnatall- ment Contract, you have agreed to pay the sxpenses incurred for gooda and .ervic.e to be provided and rundered, aa the case may be, to ~Ynet~e A. JluJIIIhIIDil.- (hereinafter "Student") during his/her enrollmant at ~1eBe during tha 1988-89 scademic year, including tuition, room and board, books and euppliee as herein ateted (hereinafter the "Goode and Sarvicu"). The Goods and Services shall include only tha followingl Tuition, poom and board II. TERMS OF PAYMENT AND PAYMENT SCHEDULE Discloaur.a Required by Federel Law ANNUAL FINANCE AHOUNT FlNANCEDI TOTAL OF TOTAL SALE PERCENTAGE ClIARGEI Amount of credit PAYMENTS: PRICE: RATE.'" Dollar amount provided by Amount paid Total coat of co.t of cndit credit will DickinDon College by Bu)'er PI purr.haae on 81 yearly rate COlt Buyer totel of all credit, in- acheduled clud inK down payments payment of $ 14.800.00 9,906 ~ $ 674,16 , '.000,00 $L.lli.JL $ 15,UOO.Op , " (' r . ." . Buyer's payment schedule will be as followSl Number of Pa ents Amount of Pa enta When pa enta Are Due 136 $12,31 Monthly commencing until 6-30.00 1.11.AQ 'Variable Ratel The ANNUAL PERCENTAGE RATE discloaed above ia a variable rate and may change. The ANNUAL PERCENTAGE RATE may increase during ths term of this transaction if the prime rate of interest announced in the Wall Street Journal as of the close of business on June 30 of each calendar year increaees. snd will be increaaed to the prime rate plus IX. The ANNUAL PERCENTAGE RATE will not increaae more thsn once a year, and the new interest rate will become effective on July I following the increase. if any, in the prime rate of intereat. Any increase wilJ bs 1n the form of higher payment amounts. If your cost of the Goods and Services sold hereunder were $ 1,000.00 at 10,000 X per annum for .llLmontha, and the prima rste plua IX wers ipcressed to 11.00&. your regulsr monthly payments would increass to $1'.RQ . Further, the ANNUAL PER- CENTAGE RATE will not incraase to more than 18X or such other rate sa may be permitted under the Pennsylvania Gooda and Services Installment Sales Act. Late Charges If a payment is more then 15 daya late, a sum equivalent to 5X of the late payment (but no more then $2.50 and not less than $1.00) may be charged. Prepayment 1 Buyer may prepay the unpaid balance of the Amount Financed and sny FINANCE CHARGE due through the date of early payment, in full or in part, without penalty. SEE SECTION VI OF THE CONTRACT BELOW FOR ANY ADDITIONAL INFORHATtON ABOUT NON- PAYMENT, DEFAULT AND REQUIRED REPAYMENT BEFORE TIlE SCHEDULED DATE FOR REPAYMENT OF TRE AMOUNT FINANCED. -2- (' r , . Ill, ITEMIZATION OF AMOUNT FINANCED 1, Cash price of Good. ~nd Service.: 2. Totel down payment: $ 1Ii,ROO.OO ..14.800,00 1.000,00 o $ 1.000,00 3, Unpaid balance of cash price (1 - 2): 4. Amount paid to others on Buyer's behalfl 5. Amount Financed (3 + 4): tv. CREDIT INSURANCE Credit life inlurancs for the term of this Contract i. not required, v, NO WARRANTIES TIlERE ARE NO WARRANTIES, EITHER EXPRESSED OR IHPLtED, GIVEN BY SELLER IN CONNECTION WITH SALE OF THE GOODS AND SjRVICES COVERED BY THtS CONTRACT UNLESS BUYER HAS BEEN GIVEN A SEPARATE WRITrEN WARRANTY. VI. ADDtTIONAL PROVIStONS 1., Buyer agn.. to pay Ssller the Total Sale Price by meking the total down payment and paying Saller the Totel of Payment. in the number end amount of monthly peyment. Ihown in the Peyment Schedule, Payments are due on or before the aame date of each month el the firat payment date, Paymenta muat be mlde to Fidelity Bank at the following address: Fidelity Bank 141 Garrett Road Upper Darby. PA 19082 2. Buyer's lesal righta include the risht to pay all or part of the amount a due on thia Contract in advance of their due datel, to obtain a refund or credit of unearned Finance Charse whenever the amount ia paid in full in advance, and (with Seller'. consent) to reinetete the Contract if Buyer timely curea any default. 3. Buyer Ihsll be deemed to have cODlDlitted an "Event of Default" of the Contract upon the occurrence of any of the following I (a) failure to make eny payment on or before the date it ia due, (b) failure to make a payment on any other contrect outatending with Seller, . -3- .' ( (' . (c) failure to perform any other proviaion of the Contract, (d) proViding Seller with falee information or signatures, (e) death, incompetence. or conviction of any Buyer of crime in- volvins 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 as required by law, addressed to Buyer's laat known addrees as shown on Seller's records, adviains Buyer of the default and of Buyer's right to cure the default. The notice wiIl provide the time, amount snd performance neceassry to cure the default. If Buyer does not cure the default aa provided in the notice. Seller'e rishts shall include the right to declare ell eums due on the Contract to be immediately due and payable. Ths Buyer asrees to pey all attorney's fees and other ressonable collection costs snd charsea necesasry for the collection of any amount not psid when dus. 5. Wsiver by Seller of sny event of default shall not ba binding upon Sellsr if Seller ahould theresfter chooae to exercise that or any other risht or s similar Event of Default occurs later. All Seller's righta and remadiss Ihall be cumuletive. Seller's exerciee of one or more righta ehall not cause Seller to lose eny other rights. 6. Thia Contract ie freoly aseignable by Sellar{ Buyer egreee that upon receiving notics of the aeaisnment Buyer shall be obligated to the Asaisnee of thia Contract, which Assignee shall have all of Seller'a rights snd remedies. 7. . If sny psrt of this Contract la held to be illegal. void or unenforceable, thst provision shall be deemed not to have been a part of this Contract, which shslI otherwiss remain fully effectivs. 8. The lawa of ths Commonwealth of Psnnsylvania shall apply to this Con- tract except to the extsnt supplementsd, supereeded or pre-emptsd by federal law. 9, This Contrect ehalI be binding upon the parties hereto, their heirs, successors, alsigna snd legal rapresentatives. 10. TIME IS OF THE ESSENGF. OF THIS CONTRACT. NOTlCEI ANY 1I0LDER OF TIIIS CONSUMER CREDIT CONTRACT IS SUBJECT TO ALL CLAIMB AND DEFENSEB WIHCH TilE DEBTOR COULD ASBERT AGAINST TilE SELLER OF GOODS OR SltRVICE8 OBTAINED PURSUANT IIERETO OR WITH TilE PROCEEDS HEREOF. RECOVERY IIERJiUNDER BY TilE DEBTOR SHALL NOT EXCEED AMOUNTS \'AID BY TilE DEBTOR IIEREUNDER. NOTICE TO BUYER. (l) DO NOT SIGN TillS AGREEMENT BEFORE YOU READ IT OR IF 1T CONTAINS ANY BLANK BPACE. (2) YOU ARE ENTITLED TO A COMPLETELY FILLED-IN COpy or TI118 AQREEMENT. (3) UNDER THE I,AII. YOU IIAVE THE I\IGIIT TO PAY OFF IN ADVANCE -4- \ " " (' r .. . . TIlE FULL AMOUNT DUB AND UNDER CERTAIN CONDIT10NS TO OBTA1N A PARTI.U. REFUND or THE FINANCE CHARGE, BUYER(S) ACKNOWLEDGE(S) RECEIVING A COMPLETED COPY OF THIS CONTRACT AND tNTEND(S) TO BE LEGALLY BOUND BY tTS TERMS. BUYER(S)I J :1.-:.- h"'/ht &1~ A-.[{J",,' ;4. '1,.",.(Jk. (,,'- /,AA. DATE I DICKINSON COLLEGE :J~'-' ~ IIJ'7 , ~2-.J)'l-' 'T"'--- - l.....j By FOR DICKINSO~ COLLEGE USE O~LY For va1uI receivld. Se111r hlreby 1111., .1.llnt, and trlnel.r. to F1dllity Blnk III of 8e1hr'e rilhtl, title and interllt ill th11 Educltiona1 Goode Ind SlrvicII Rltli1tneta1lalnt Contract, with lull recour'l to Se111r, This 19th day of January . 19 89 ~::- Asst!tant ComPtnJ.]er TITLE DICKINSON COLLEGE, BYI -,- ( r fuyer's payment schedule w1l1 be as followsl Number of PaYlDents AmOW'lt of Payments Prepayment 1 When PaYlDents are l>Je 10/30/89 $96.23 ~~~~IY 6'/f~}mCing 128 'Variable Rate: Late ChlUVe I The ANNUAL PrncEm1lGE RATE disclosed above is a variable rate aM may change. The ANNUAL PffiCOO7>.GE RATE may increase during the term of this transaction if the prime rate of interest aMOW'lced in the Wall Street Journal as of the close of business on June 30 of each caleMar year increases, ard will be increased to the prime rate plllB 1%. The ANNUAL PERCEm7IGE RATE will not increase more than once a year. aM the new interest rate will become effective on July 1 following the increase, if any. HI the prime rate of interest Any increase will be in the form of higher payment amounts. If your cost of the Goods aM Services sold hereurder were $ 7000.00 at 12,00 % per annum for 128 months, and the prime rate plllB 1% were increased to 13.000 %. your regular monthly payments would increase to $ 100.26 ,FUrther, the ANNUAL PrncooAGE RATE will not increase to more than 16% or such other rate as may be permitted under the Pennsylvania Goods and Services Installment Sales Act, If a paYlDent is more than 15 days late, a sum equivalent to 5% of the late payment (but no more than $2,50 aM not less than $1.00) may be charged. fuyer Olay prepay the unpaid 1>>lancs of the Amount Financed aM any FWANCE OOOOE due through the .date of early payment. in full or in part, without penalty. SEE SEcrION VI OF 1HE OOtn'RAcr BEWW fOR AN'i 1\DDITIONAL INroRMATION ~ OON-PAYMEm' , DEFAULT AND RmJIRED REFA'iMENI' BEfORE 1HE SCHEDULED DATE FOR JIDlA'r'MrnI' OF 1HE l\Iol:XM1' FINANCED. III. I1DlIZATlON OF AMJUNT FINANCED 1. Cash price of GoodB and Services! $ 17 ,300.00 "l Tota I down payment! 10,300,00 ... 3, Unpaid balance of cash price (1 - 2) I 7,OQO,PP 4. !\mount paid to othenl on fuyer'a bthlllfl u. 5, Amount Financed (3 t 4)1 . 7.000.00 .' . I,,; 2 r r IV, CREDIT INSlJRANCE Credit life inslU'ance for the tenn of this Contract is not required. V, NO W~nEB 1lIERE ARE NO ~IES. EITIirn EXPRESSED OR IMPLIrn. GI'IDI BY SELLER IN CONNEX:TION WITIi SM.E OF 1liE GOOOO AND srnVIcr:3 covrnrn BY nus COtrrRACI' UNI...ESS BlNm HAS BEnl GIVEN 11 SEP1\R1\TE WRITIEN W1IRRAN1i', VI, ADDITIONAL PROVISIONS 1. aayer agrees to pay Seller the Total Sale Price by maki~ the total down payment and payi~ Seller the Total of Payments in the number am amount of monthly payments shown in the Payment Schedule, Payments are due on or before the same date of each month as the first payment date, Payments must be made to Firat Wachovia. Inc. at the followi~ address I Firat Wachovia. Inc, P,O, fux 70095 Charlotte. NC 28272-0095 2, aayer's legal rights incllrle the right to pay all or part of the emounts due on this Contract in advance of their due dates. to obtain a refund or credit of unearned Finance Charge ~lenever the amount is paid in full in advance. and (with Seller's consent) to reinstate the Contract if Buyer timely cures any default. 3. Buyer shall be deemed to have committed an "FNent of Default" of the Contract upon the occurrence of any of the followingl la) 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 perfonn any other provision ot the Contract. (d) providing Seller with false infol1Ml1on or signatures. (e) death. incompetence. or conviction of any Buyer of crime involving fraud or dishonesty. (f) insolvency or bankrUptcy of any Buyer, 4, Upon or aftel' the occurrence of any FNent of Default, Seller will proVide &Jyer with notice. by certified mail as required by law. addressed to &Jyer's last known address as shown on Beller's recordB. advising Buyer of the default and of &Jyer's right to C\.lre the default. The notice will prOVide the time. amount and performance neceseary to cure the default, If &Jyer 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 attol1lley's fees ara 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 bindi~ upon Beller if Beller should thereafter choose to exercise that or any other right or a eimilar FNent of Default occurs Inter. All Beller's rights and remediee shall be cumulative. Beller's exercise of one or !DOre rights shall not cause Seller to lose any other rights. 6, TIlis Contract is freely assignable by Beller, Buyer agrees that upon receiving notice of the assignment Buyel' shall be obligated to the Assignee of thie Contract. which Aseignee shall have all of Seller's right and remedies. . . 3 It any part of this con[.,.;;t is held to be illegal. void( unenforce~le. that provision shall be deemed not to have been a part of this Contract, which shall otherwise remain fully effective, 6, l\PPLIC1lBLE l1\WI This lIgreement. whenever called upon to be construed. shall be governed by the domestic internal laws of the Commonwealth of Pennsylvania except to the e>:tent supplemented. eupenseded or preempted by federal law, . . .7. 9, CONSENT TO JURISDICTION, VENUE 1IND srnVlCE: The partiee to this lIgreement consent and agree that all legal proceedings relating to the subject m~tter hereof shall be maintained in the Court of Common Pleas of C\unberland County. Pennsylvania. or. if applicable. the United States District Court of the Middle District of Pennsylvania. and all partiss hereto consent and agree that jurisdiction and venue for such proceedings shall lie exclusively within said court. Service of process in any such proceeding may be made by certified mail. return receipt requested, directed to the respective party at the address set forth above, 10, This Contract shall be binding upon the parties hereto. their heirs. successors. aDsigne and legal representatives, 11. TIME IS OF nIE ffiSENCE OF nus COtmACT, NOTICE: 1IlN HOLDER OF nus CONSUIER CREDIT COl'ITAACT IS SUBJECT TO m CL1IIMS 1IND DEF'I'llSE3 WHlaI nIE DEBTOR COIJIl) 1ISSERT lIGlIIN51" nIE SELLER OF GOODS OR SERVlCE3 OBTAINED PURSUlOO' HEREIO OR WIn; nIE pRQCEID3 HEREOF, REX:OVERY HEllillNDER BY niE DEBTOR SHAU. NOT EXCEED N~ PlIID BY nIE DEBTOR HmWNDER, NOTICE TO BINERI (1) ro NOT SIGN nus A.GREElIDlT BEFORE YOU ROO IT OR IF IT COtmINS 1IlN BL1INK SPliCE. ( 2) YOU lIRE OOI1UD TO A. cct-lPlEI'ELY FILLED- IN copy OF nus A.GREEMEl'lT, (3) UNDER nlE l1\W. YOU HAVE nIE RIGHl' TO PA.Y OFF IN 1\DVA.NCE TIlE FULL /lMOUNT WE 1IND UNDffi CERTlIIN CONDITIONS TO OBTA.IN A. PAATIA.L ID1JND Of nIE FINANCE CHAOOE, . EilNEIHS) A.O<NOWLEOOE(S) RFl."EIVUKl 11 COOPLEfED COPY Of nlIS COtrrRAC'T AND nITENI)(S) TO BE LIDA.LLY OOUND BY ITS TmMS. J..~ \ I , ,,~ I. ,L " , !f2,,' ~. ~'l-_L,:~<_'-" BUYER(S) I I 1IGREE TO REPA.Y A.LL lIJII)lJN1'S WE ON nus LOAN IF 'I1iE roROOWER(S)/BlNER(S) FA.ILB 10 ro 00 IN 1ICCORDA.NCE WIlll nIE TERMS OF nIE t.,IJTE: sruooo COSIGNER ~~J/4. f'J!A4f.iA'f~J D1ITEI DICKINOON COU1l3E lol/)t){~CI ~,.~ BY ~ . .1'" 4 Exhibit "P" 72 47.15 monthly commencing 5/28/90 or such time as Student is no longer enrolled at Dickinson (or in an approved full-tilDe off-campus program of studies). whichever is earlier, r . r !)Jyer's peroll",nl schedule will bo as tolloJlo1 8 22.92 When Payments are \).je monthly cOlDIDencing 10/28/90 , and continuio;J until 4/28/90 or such tilDe as Student is no longer enrolled at Dickinson lor in an approved full-tilDe off-campU5 program of studies), whichever is earlier, Amount of Payments Prepayment I If a payment is more than 15 days late, a sum equivalent to 5% of the late payment loot no more than $2,50 and not less than $1.00) may be charged. !;.Jyer may prepay the unpaid balance of the 1\mount Financed and any F1N~CE CH1\RGE due through the date of early (Ylyment, in full or in part. without penalty, . SEE socrION VI OF 1liE oo!n'RACf BEIJ)W FUR ANY l\DDITlONAL INFORMATION WJI' NON-PAYMENf. DEf'1IULT AND RroJIRED lID'A'ifo!ENr BEFORE 1liE SCHEWLED DATE FOR REPAYMENf OF niB ~ FINANCED, \Ate charge I Ill. ITf}lIZATlON OF M>IOUIIT FINANCED 1. cash price of Gocds and Services 1 $ 18,630.00 2. Total down payment I 16,130,00 3. Unpaid balance of cash price (1 - 211 2,500.00 4, Amount paid to others on fuyer's behalf 1 0 fl. 1\mOUnt Financed (3 + 4) 1 $- 2,500,00 IV. CRIDlT INSURl\NCE Credit lite inaLU'ance tor the term of this Contract is not required, V, NO W1IR!WITIEl3 nmm lIRE 00 WARRAN1'IEl3. El'l1tm EXPREl3SED OR IMPLIED. OI~ BY sw..m IN OONNDJI'ION wmt BALE OF 1liE GOOOO AND BffiVICEE OOIJE]ill) BY nus OOtITRACT UNLEl3S 9.J'im HAS BEEN OI\IE}/ l\ BEPl\Rl\TE WRITm~ WARAANi'i, 2 c. !\DDlTIONAL PI~VmlONS ,- 1. \}lyer agrees to pay Selle.- the Total Sdle Price by makirq the total down payment am paying Seller the Total of Payments In the number am amount of monthly payments shown in the P'lyment Schedu Ie, Payments are due on or before the same date of each month as the first payment date, Payments mUBt be made La F1rst Wachovla. Inc, at t.he following address: Fil16t Wachovia. Inc, P,O, fux 70095 O1al"lotte. NC 28272-0095 2, llJyel"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 Iwith Seller's consent) to reiretate the Contract if Buyer timely cures any default, 3. llJyer shall be deemed to have committed an "Event of Default" of the Contract upon the occurrence of any of the followil1gl la) faillu'e to make any payment on 01' befl11-e the date it is due. (b) failure to make a payment on any other Contract 01ltst1111dll1g wlth Seller. (c) fai lure to perform any other pl-ovision of the Contrl\ct, (d) providing Seller with false lnformation or signatures. (e) death. incompetence. br conviction of any Buyer of crime involving fraud or dishonesty. If) insolvency or bankruptcy of dIlY Buyer, 4. Upon or after the occurrence of any Event of Default. Seller will pl"ovids \}lyeI' with notice, by certified mail as required by law. addressed to Buyer's last known address as shown on Beller's records. advising \}lyeI' of the default and of Buyer's l"ight to cure the default. The notice will provide the time. amount and pel-fonnance necessary to cure the default, If llJyer 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 llJyer agrees to pay all attol'lwy' s fees and othel- reasonable collection costs and charges necessary for the collection of any amount not paid when due. 5, Waiver by Beller of any event of default shall not be binding upon Seller if Seller should thereafter choose to exercise that or any other right or a similat' Event of Default occurs later, 1\11 Beller's rights and remedies shall be cumulative, Seller's exercise of one or more rights shall not cau.ae Seller to losE' /lny other rights, 6, TIlis Contract is freely assignable by Seller, fuyer agrees that IJpon receivirq notice of the assignment fuyer shall be obligated to the J\saignee of this Contract, WhlCh Jlssignee shall have all of Seller's rights and remedies, 7. If any part of this Contl-act is held to be illegal. void 01" unenfol-ceable. that provision shall be deemed not to have been a part of this CQntract.. which shall otherwise remain fully effective, 8. I\PPLIC~Rl.F. ~WI TIlle Agreement. whanaver called upon to be constnJed. shall be governed by lhe domestic internal lawl'J of the Commonwealth ot Pennsylvania except. to the extent aupplemenled. supel1leded or preempted by federal law, 3 I '!t. COi'lsrnr TO JURISDlCiION. ~ AND smVlCEI The parties tor1is T\greement consent ard agree that all legal proceetJ(J6 relatil)} to the subject mat.~I. hel'eo! ehall M maintained in the Court of Common Pleas of L~rland County, Pennsylvania. or. if applicable. the United States District COLU"t of the Middle District of Pennsylvania. and all parties hereto consent and agree that jurisdiction and venue for such proceedings shall lie exclusively within said court, Service of process in any such proceeding may be made by certified mail, return receipt requested. directed to the respective party at the address set forth above, , 10. This Contract shall be binding upon the parties hereto. their heirs. successors. assigns and legal representatives, 11. TIME IS OF 1liE ES5rnCE OF 11US CONrnACi, tmlCEI ANY 001.Drn OF lllIS CONSUMrn CREDIT COI'ITRACi 16 SUB.JErI' TO ALL CllIIMS AND DEF'El4SEE WHICH TIre DEBTOR COULD 1ISsrnT AGAINsr mE sw..m OF GOOOO OR srnVlCEl3 OBTAINED PURSUANT HmEIO OR WIlll 1liE PROCEml HERElJF, IIDXlVffiY HElID1NDffi BY 1lIE DEBTOR 5'1Wl. NOT EXCEED ~ PAID BY 1llE DEB1DR HEIID1NDill. tmlCE TO J3lJ'l'ffi I 11) 00 NOT SIGN TIUS AGREEMENT BEFORE YOO READ IT OR IF IT c'X)trrAINS ANY BLANI< SPACE, (2) '1'00 ARE ENTI1UD TO A COMPLEI'ELY FllilD-IN copy OF lllIS AGRE>>lENT, (3) UNDffi 1llE LAW. YOO HAVE TIlE RIGIif TO PAY OFF IN ADVANCE 1llE ruu. lIMOIJtrr DUE AND UNDill cmrAIN CONDITIONS TO OBTAIN A PM{1'lAL REFUND OF 1liE FINANCE QW;\,E, . W/rn(B) Aa<mWLEOOEIS) ImIVlt-KJ A COMPI..Errn COpy OF lllIS COI'ITRACT AND Itm:}lDIS) TO BE LBJAU.Y roJND BY ITS TERMS. 5.l'l'ffi (B) I .J'lrL. -I fe./I'''!.,,''I.).. . .. . / , ll,~i ,-. /4 ~..-l,.-j"/v_. J ..J I AGREE TO REPAY AU. ~ DUE ON nUB WAN IF 1lIE OOROOW!:RIB1/IJ.NEJHS) FAILS TO 00 00 IN ACOORDANCE WI1ll1llE TrnMS OF TIre NC1I'E1 emmoo cootGNrn~L~A -.-t7Ld..J DATE I PIC<INOON OOturlE 1/~Y/?~ BY Q3>J~ 4 Exhibit "G" II , r c DlO<INOON C01..1..IDE FLEXIBLE FINANCIOO SV5ml - 7000 PLAN EDUCATIONAL GOOOO AND srnVICFS RJmIL INSTAI..LMmI" cot-lrnACf ~te May 14, 1991 fuyer(s) : Dickinson College. Carlisle. Pennsylvania 17013 Virgl1lo T. and Lydla A. 8ulanhagul 105 Glfford Street Norwich, CT 06360 1. Seller: If there is mol"e than one fuyer, each of you will be obligated, jointly a~ severally. for all B\IIllS due a~ for the performance of all agreements as provided in this C(,mtr,~ct, Under the tel1D!l of this Fducatlonal Goo:ls and Servlces Retail Installment C"ntract, you have agreed to fldY the expenses int;Urred for goo:ls and services to be provided am rendered. as the case may ea. to Lynette A. 8ulanhagui <hereinafter "Student") during his/her enrollment at Dickinson College during the 1990-91 academic year. including tuition, room and board. books and supplies aB herein stated (hereinafter the "Goods am Services"), The Goods am Services shall include only tuition. room arrl board, II. TmolS OF PlIYMEm AND PAYMEm srnIDJLE Disclosures Required by Federal ~w l\NNUAL PEnCEm1,GE FINANCE OiARGEI AM:ltllrr FINANCED: lUfAL OF PlI't'MENrSl lUfAL BALE RATE: · Dollar amount Amount of cred i t Amount paid by PRICEr Cost of credi t as credit will provided by Duyer as total of Total cost of yearly rate cost fuyer Dickinson College all scheduled purchase on payments credit, in- cluding down payment at $ 14,736.00 10.769 % $ 2201,60 $ 3,895.00 $ 6,096,00 $ 18,630,00 Rey 9/89 r (' Buyer's payment schedule will be as follows: Number of Payments wunt of Payments When Payments are DJe 108 -Variable Rate I $56.45 Monthly commencirg 5/28/91 until 9/28/00 The i\NNUAL Prn<:ENrnGE RATE disclosed ab:>ve is a variable rate and may charYile, The 1INNU1IL rrncrnfAGE RATE IDIlY increase durirYil the tenn of this transaction if the primo rate of interest announced in the Wall Street Journal as of the close of l:usiness on June 30 of each calsndar year increases, and will be increased to the prime rate plus 1%, The l\NNUAL PmCOO"AGE RATE will not increase more than once a year. and the new interest rate will become effective on July 1 followirYil the increase, if any. in the prime rate of interest, Any increase will be in the fonn of higher payment amounts, If your cost of the Goods and Services sold hereunder were $ 3.895.00 at 11.00 % per annum for .JQ!L months, and the pI"ime rate plus 1% were increased to 12.00 %, your regular monthly payments would increase to $ 58.65 . F\Jrther, the 1INNUAL PmcENfAGE RlITE wi 11 not increase to more than 18% or such other rate as may be permitted under the Pennsylvania Gc:x:xis and Services rnstallment Sales Act, If a payment is more than 15 days late. a sum equivalent to 5% of the late payment (b.Jt no more than $2,50 and not less than $1.00) may be charged. &.lyer may prepay the unpaid balance of the l\mount Financed and any FINANCE CHARGE due throUgh the date of early payment, in full or in part. without penalty. BEE sa::rION VI OF TIiB CON'mACf BE1.DW F\JR ANY 1lDDlTIONTIL INroRM1lTION AOCm NON-PlIYMENt'. DEF'1IULT 1IND REWIRID REPlIYMENt' WORE 1liE 6CHIDJl1D DATE roR REPAYMENt' OF 1liE l\IoOJNT FIN1INCED ' La ts O'large I Prepayment I II 1. ITEMIZlITlON OF 1\IoOJtn' FINl\NCED 1. Cash price of Goods and ServiceB 1 . 18,/i]0.00 2. Tota I down payment I 1A,nll,nn 3. Unpaid balance of cash price (1 - 211 '1,p!l1l nn 4, 1uu?Unt paid to others on D.lyer's behllltl n fl. 1Imoont Financed (3 t 411 . 3.896.00 .... 2 I, r IV, CREDIT INS\JRN1CE r ('yffilt 1 He in::3I.u'<'In.."e fOl' the term 01' this Cont.r"ct is mt required, V, NO WARRANTIES 1liERE ARE NO Wl\RIWITIE3. EI1liER EXPRE3SFD OR IMPLIED. IJIIIDl BY SEU..ER IN COtlND..iION WIlli SM.E OF 1lIE GOODS AND SERVICES COVERED BY TIiIS CONTRACT lJNI..mS BUYID HAS BEEN GIIIDl 11 SEP1IRl\TE WRITIEN W7\RAANTY. VI. ADDITIONM. PROVISIONS 1, &.iyer agrees to pay Seller the Total Sale Price by mdkirg the total down payment <'Ind payirg Seller the Total of Payments 111 the number and amount of monthly payments shown in the Payment Schedule, Payments are due on or bIlfore the same date of each m.)nth as the first payment date, Payments must. be made to First. Wachovia, 1nc, at the following address 1 First Wachovia. Inc, P,O. Box 70095 Olarlotte. NC 28272-D095 2. &.iyer's legal rights include the right to pay all or part of t.he amounts due on this Contract in advance of theil" due dates. to obtain II refund or credlt of unearned Finance O1arge whenever the amount is paid in full in advance. and (with Sellel"'s consent) to reinstate the Contract if Blyer timely cures any default. 3. &.iyel" shall be deemed to have cOlDIDitted an "E.\Ient of Default" <)1' the Contract upon the occurrence of any of the following I (a) failure to make any payment on or before the date it is due. (b) failure to mak... a payment on any other Contract outstanding with Seller. (cl failure to perform any other provision of the Contract. (dl providirg Seller with false infonnation or signatures. (el death. incompetence. or conviction of any Buyer 01' crime involving fraud or dishonesty. (fl insolvency or bankruptcy of any Buyer. 4. Upon or after the occurrence of any f.\Jent 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 recorda. adviSing &.iyer of the default and of &.iyer's right to cure the default. The notice will provide the time. amount and perfonnance necessary to cure the default. If Buyer does not cure the default as provided in the notice. Seller's rights shall include the right to declare all 6UJlB due on the Contract to be immediately due am payable. The &.iyer 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 E.\Ient of Default shall not be binding upon Seller if Seller should thereafter choose to exercise that or any other right or a similar f.\Jent of Default occurs later. All Seller's rights and remedies shall be cumulative. Seller's e:,:ercise of one or more rights shall not C6U5e Seller to lose any other rights. 6, This Contract is freely aseignable by Seller, Buyer agrees that upon receivim notice of the assignment &.iyel' shall be obligated to the Assignee of thie Contract. which Assignee shall have all of Seller's right and remedies, 3 7,"l1' ",~y Iji1rt of this contra[is held to be 1llego1l. void ol.f".lenf()rceable. that provision shall 00 deemed not t~) have been a part of tine Contract, which shall otherwise remain tully effective, 6, @PLIOJ3LE LAW: nlia l\greement, whenever called upon to be construed. shall be governed by the domestic internal lal/a of the Commonwealth of Pennsylv;mia e>:cept to the e>:tent aupplemented. superseded 01' preempted by federl!1 lal/, 9. CONSENT TO JURISDICTION. VENUE l\ND 5rnVICE: The partles to thIS Agreement consent and agree that all legal proceedings relating to the subject. mat.ter hereof shall be maintained in the Court. of Common Pleas of CUmberlarrl COWlty. Pennsylvania. or. if applicable. the United States District Cow-t of the Middle DIstl"ict I,f Pennsylvania. arrl all parties hereto consent arrl agree that jurisdIction 11M v~nue fOI" such proceedings shall lie exclusively within said court, Service of process in any ~Jch proceeding may be made by certifIed mai 1. retw'n r.lcaipt requested, dIrected to thil respective party at the addreBs set forth above, 10. This ContI-act shall be birding upon the parties hereto. their he1l"6. successors, assigns ard legal representatives. 11, TIME IS OF' mE E5SENCE OF' nns COtn'RACT, tmlCE: ANY HOLDER OF' nns CONSUMrn CREDIT COtmlACT IS SUBJ1XT TO m CLAIMS 00 DEF'ElIS!'S WHlOi mE DEBI'OR COUlD ASSrnT l\GAINSf 1liE SEI.l.rn OF' GOODS OR srnVlCE3 OBTAINED PURSUANT HF.m:rO OR Wlnt n1E PR0CEID3 HEmDF. REroIJrnY HEllilJNDEn BY nlE DEBI'OR SHAlL NOT E:(CEED l\M()I.MI'S PAID BY 1HE DEBTOR HrnEl1NDER, OOTICE TO BUYER I (ll 00 NOT SIGN ntIS l\GHEDlENl' BEFORE YOO READ IT OR IF' IT COtrrAINS ANY BLANK SPACE. (2) YOO ARE ENI'I11.ED TO A COOPI.ErELY FIlLED-IN COPY OF' ruIB AGREEMENT, (3) UNDER 11iE LAW, YOO HAVE 1liE RIGHI' TO PAY OFF IN ADVANCE n.u:: FULL AWYJtorr DUE l\ND UNDER cmrAIN OONDITIONS TO OBTAIN A F'ARl'IAL REl-1JND OF 1HE FItlTINCE CHAOOE, B1NEJHS) ACI<NOWLED3E(S) REX::EIVIOO A lXlMPLEfED COPY OF ntIS CONTRl\C1' l\ND Ilm:ND(Sl TO BE tmAlL'i OOUND BY ITS TmMS. BUYElHB) I .J wj\ 1\..1 .- t.f1~~' I l.I(.t1I,...7'~\ , 11. iJ,Ji,-,-L ,_ __ .7 . I AGREE TO REPAY AlL AMOONTS DUE ON ntIB IJ)TIN IF 1HE OORROWER(8)!8JYm(B) F'1\II13 TO 00 00 IN """"""'" .~ TIlE OOIE, . fffiJDOO 003IGNER (}'<1f~ ./ DATE 1 DICKIN6:lN COWllE S--14- 1/ BY (JJ-1"':-J .., 4 , ~ !o..ln>:; .. ~; I ./.', t~:'i .e j f 0. 0'.'- 1"; qt.1 fi' ,.... ,.r.:; J.. ." V.; J, - (11'; I ' ~ ~ Hj~ t.5 r@ ~ lR a "'-'t.. ~, "\..J f' ~ ~ ~ '~ ~. ~ - \~ !",,-