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HomeMy WebLinkAbout98-03619 , l "",..: , ~, . ~ .~ ... ~ \J ~ l ~ ~ o ~I - , cJ .~~"l;". ""'.. ~i\\. u1 . ,~ \ ~ \ (.) \ CS \ ':i i , ,. ( / / ......... - .~ cS ~ ...... '-.9 ~. '.~~.!;~ " . Services Retail Installment Confraet ("Third Contract") Illr expenses inenrred 1l1r goods alld s~rvices to be provided and rendercd to fhcir son Joscph Ilendock, III by Dickinson during the 1993-94 n~:IlJemie year. A true IInd correct copy offhe contract is incorporated by relercnee and IIttnehed liS Exhibit "C", 7, On or about January II, 1994, Parents entered into an Educational Goods :ind Services Retnillnstallment Contract ("Fonrth Contract") for expenses incurred for goods alld services to be provided and rendered to their son Joseph Bendock, III by Dickinson during the 1993-9,1 aenelemic year. A true and correct copy of the contract is incorporated by reference and attacbed as Exhibit "0", 8, On or about November 22, 1994, Parents entered into an Educational Goods and Services Retail Installment Contract ("Fillh Contract") for expenses incurred for goods and services to be provided and rendered to their son Joseph Bendock, III by Dickinson during the 1994-95 ae:idemic year. A true and correct copy of the eontrnct is incorporated by reference and attached as Exhibit "E", 9. On or about August 14, 1995, Parents entered into an Educational Goods and Services Retail Installment Contract ("Sixth Contract") for expenses incurred for goods and services to be provided and rendered to their son Joseph Bendoek, III by Dickinson during the 1995-96 academic year. A true and correct copy of the contract is incorporated by reference and attached as Exhibit "1''', COUNT I DICKINSON COLLEGE V. ,JOSEPH BENDOCK, JR. lIlIll MAXINE BENDOCK, PARENTS BREACH OF CONTRACT 10. Paragraphs I through 9 arc incorporated herein by reference as if set f0l1h in full below, II, Under tbe terms of the First Contract, Parents, as "Buyer(s)" agreed to pay Dickinson ..." . . ..... #. Three Thousand Dollars ($3.000,00) wilh inlereslatlhe inilial rate "I' seven and one hall' percent (7,5%) " !, per nnnum. in one hundred finy three (153) equalmlllllhly insfalhnent ol'Thirly Dollars and Finy-one /' .,~ :1 ,. 12. Under the terms ol'the Second Conlracl, Parents. as "l3nyer(s)" agreed to pay Dickinson Cents ($30,51) commencing on September 28, 1992, Two Thousand Five Hundred Dollars ($2,500.00) w;lh inlereslal the ;nili,1I rale of sevellalld olle half percent (7.5%) per annum, ill one hundred lorty eight (148) equal monthly installments of Twenty Five Dollars and Ninety-four Cents ($25.94) commencing 011 February 28. 1993. 13, UlIder the terms ol'the Third Contract, Parents. as "l3uyer(s)" agreed to pay Dickinson Four Thousand Five Hundred Dollars ($4,500,00) wilh interest at the initial rate ol'seven percent (7,0%) per annum, in one hundred forty (140) equal monthly illstallments of Forty Seven Dollars and Twelve Cents ($47.12) commencing on September 28.1993, 14. Under the terms ol'the Fourth Contract, Parents. as "Buyer(s)" agreed to pay Dickinson One Thousand Dollars ($1,000,00) with interest at the initial rate of seven percent (7.0%) per annum, in one hundred thirty six (136) equlllmonthly instnllments ofTen Dollars and Sixty-seven Cents ($10.67) commencing on January 28, 1994, 15, Under the terms of the Fifth Contract, Parents, as "Buyer(s)" agreed to pay Dickinson Eight Thousand Dollars ($8,000,00) with interest at the initial rate of eight point twenty five percent (8.25%) per annum, in one hundred twenty seven (127) cqualmonthly installments of Ninety Four Dollars and Sixty-five Cents ($94,65) commcncing 011 October 28, 1994. 16, Under the terms of the Sixth Contract, Parents, as "Buyer(s)" agreed to pay Dickinson . - . , " Scvcn Thonsand Dollars ($7.00ll,OO) with intcrcst at thc initial ratc of tcn pcrccnt (I ll.()%) pcr annum. in onc hnndrcd sixtecn (116) cqual monthly installmcnts of Nincty Fonr Dollars :lI1d Thirty-scvcn Ccnts ($94,37) commcncing on Scptcmbcr 28. 1995. 17, Scction II ofthc Contract(s) providcs that "11'01 paymcnt is marc than 15 days latc. a sum cquivalent to 5% ofthc latc paymcnt (but no morc than $2.50 and notlcss than $1.00) may bc charged," 18. Scetion VI, Paragraph 3(a) ofthc Contraet(s) providcs that "Buyer shall bc dccmcd to have committed an 'Event of Dclimlt. "fthc Contracts upon thc occurrcnee of any ofthc following: (a) failure to makc any payment on or bcforc thc datc it is due...... 19, Section VI, Paragraph 4 ofthc Contract(s) provides that ifan Event of Dc lim It ofthc contract occurs. and is not cured by thc Buycr pUl'sllant to the Noticc of Delimit. Dickinson has "thc right to declare all SIlins dne on the contract to bc immcdiatcly due and payablc." 20. Parents have defaultcd on the Contract(s) by titiling to make thc required monthly payments on the Contract(s) duc and owing to Dickinson sincc Septcmber 12, 1996 on the I'irst through I'ifth Contracts and Scptember 9, 1996 onthc Sixth Contract. 21, Notices wcrc forwardcd to Parents informing them of their default and right to cure such default. 22. Parents have failed to cure such defaults, 23. Therefore Dickinson has cxereised its right to declare all slllns due on the Contract(s) to be immediately due and payable. 24. Thc total amount which has becomc immcdiatcly due and payable to Dickinson by Parents pursuant to thc Contract(s) is Twcnty Six Thousand Three Hundred Thirty Dollars and Three '~. , -., '. Student plll'suantto the Contraels as or June 22, IlJlJX, is Twenty Six Thousand Three Hnndred Thirty Dollars and Three Cents ($26,J3(J.()3), which inclndes principal in the amount ol'Twenty Two Thousand Three Hundred Eighty Eighl Dollars ($22.388.00), interesl in the amount of Three Thonsand Eight Hundred Eighty Eight Dollars and Finy-six Cenls ($3,XX8,56), laic Ices in the amount of Finy Three Dollars and Forty-seven Cents ($53.47), plus reasouable allol'l1ey's Ices and collection costs, WHEREFORE, Plaintiff Dickinson College demands judgment against Studcnt Joseph llendock, III in the sum of Twenty Six Thousand Three Hundred Thirty Dollars and Three Cents ($26,330,03), plus interest at the rate indicated on the individual Contract(s). late fces, costs of suit. attorneys' fees and collection costs. COUNT 1II DICKINSON COLLEGE V, .IOSEI'H BENDOCK, III IN OUANTUII1I11ERUlT In the alternative, if this Honorable Court should determine that an express contract between Dickinson and Student docs not exist, which is denied, Dickinson pleads the following Court II/ Qual/tum Meruit, 31. Paragraphs Ilhrough 30 arc incorporated herein by reference as ifset forth in full. 32. l'laving requested Dickinson 10 loan money, and doing so to the benefit of Student, Student became liablc to Dickinson for said money. 33, Student has been unjustly enriched by accepting said money without paying Dickinson reasonable compensation therel'or, 34. The total amount by which Stndent has become enriched on account of the money loaned is Twenty Six Thousand Three Hundred Thirty Dollars and Three Cents ($26,330,03). " ( ( . .., ~ ..__ #0 , DIO<INOON COLLEl3E FlEXIBLE FINANCING SYSID1 - 7000 PLAN IDJC^TIONAL GCOOO l\ND SERVICES RETAIL INSfA1J.1.lENI' CONTRACT 1).1t,~ September 11, 1992 1. S13 Iler: Dickinson College. Carlisle. Pennsylvania 17013 Josep h A. and Maxine Bendock, Jr. Buyer(s) : R,R. #1, Box 204A Wyalusing, PA 18853 If there is more than one Buyer. each of you will be obligated. jointly and severally. for 1111 6UIIlS due ond for the performance of all agreements as provided in this Contr,:l.ct. Under the tenns of this Educational Gocds and Services Retail Installment Contract, YOll have agreed to poy the expenses incurred for goods and services to be provided and rendered. as the case may be. to Joseph Bendock, III (hereinafter "Student") during his!her enrollment at Dickinson College during the 1992-93 academic year. including tuition. room and board. books and supplies as herein stated (hereinafter the "Goods and Services"). The Goods and Services shall include only tuition. room and board. ,.. II. TERMS OF PAYMENI" l\ND PAYMENT SCHEDULE Disclosures Required by Federal Law ANNUAL PERCENTAGE FINANCE CHARGE: AMOUNr FINANCED: TOTAL OF PA'iMEJIITS: TOfAL SALE RATE :' Dollar amount Amount of credit Amount paid by PRICE: Cost of credit as credi t wi 11 provided by Buyer as total of Total cost of yearly rate cost Buyer Dickinson College all scheduled purchase on payments credi t. in- cluding down payment of $18,360.00 7,50 % $1,668,25 $ 3,000.00 :1> 4,668.25 $ 21 ,360.00 Rev 9/89 ' " Number of Payments 153 .Variable Rate: Late Charge: Prepayment: (' ( Buyer's payment schedule will be as follows. Amount of Payments When Payments ars Due $30.51 Monthly commencing until 5/28/0~ 9/28/92 Ths ANNUAL PERCENTAGE RATE disclosed above is a variabls rate and may change. The ANNUAL PERCENTAGE RATE may increase during the term of this transaction if the prime rate of interest announced in the Wall street Journal as of the close of business on Juns 30 of each calsndar 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 effective on July 1 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 S 3,000.00 at7.50 \ per annum for ~ months, and the prime rate plue l' were increased to 8.50 " your regular monthly payments would increase to S 32.1~ . Further, the ANNUAL PERCENTAGE RATE will not increase to more t an 18\ or such other rate as may be permitted under the Pennsylvania Goods and Services Installment Sales Act. If a payment is more than 15 days late, a sum equivalent to 5\ of the late payment (but no more than S2.50 and not less than Sl.OO) may be charged, 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 THE SCHEDULED DATE FOR REPAYMENT OF THE AMOUNT FINANCED. III. ITEMIZATION OF AMOUNT FINANCED 1. Cash price of Goods and Services: S 21,360.00 2. Total down payment: 18,360.00 3. Unpaid balance of cash price (1 - 2): 3,000.00 , 4. Amount paid to others on Buyer' s behalf: 0 5. Amount Financed (3 + 4): S 3,000.00 ( ( IV, CREDIT INSURANCE Credit life ineurance for the term of thiD Contract ie not required. V. NO WARRANTIES THERE ARE NO WARRANTIES, EITHER EXPRESSED OR IMPLIED, GIVEN BY SELLER IN CONNECTION WITH SALE OF THE GOODS AND SERVICES COVERED BY THIS CONTRACT UNLESS BUYER HAS BEEN GIVEN A SEPARATE WRITTEN WARRANTY. VI. ADDITIONAL PROVISIONS 1. Buyer agreee to pay Seller the Total Sale Price by making the total down payment and paying Seller the Total of Payments in the number and 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 First 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 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. Buyer shall be deemed to have committed an "Event of Default" of the Contract upon the occurrence of any of 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 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 Buyer 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 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 and of Buyer's right to cure the default. The notice will provide the time, amount and performance 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 sums due on the Contract to be immediately due and payable. The Buyer 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 if 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 assignment Buyer shall be obligated to the Assignee of this Contract, which Assignee shall have all of Seller's right 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 this Contract, which shall otherwise remain fully effective. 8. APPLICABLE LAW: 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 . , c r 9, CONSENT TO JURISDICTION. VENUE AND SERVICE. The p~rtiee to thio Agreement coneent and agree that all legal proceedinge relating to the oubject matter hereot ahall be maintained in the Court ot Common Pleae ot Cumberland County, Pennaylvania, or, it applicable, the United Statea Diotrict Court ot the Middle Diatrict ot Penneylvania, and all partiee hereto coneent and agree that juriadiction and venue tor ouch proceedinge ahall lie exclueively within oaid court. Service ot proceee in any ouch proceeding may be made by certitied mail, return receipt requeotod, directed to the reepective party at the addreoo oet torth above, 10, Thie Contract ehal1 be binding upon the partieo hereto, their heirs, successors, asoigne and legal reprssentativee, 11. TIME IS OF THE ESSENCE OF THIS CONTRACT, NOTICE, ANY HOLDER OF THIS CONSUMER CREDIT CONTRACT IS SUBJECT TO ALL CLAIMS AND DEFENSES WMICH THE DEBTOR COULD ASSERT AGAINST THE SELLER OF GOODS OR SERVICES OBTAINED PURSUANT HERETO OR WITH THE PROCEEDS HEREOF. RECOVERY HEREUNDER BY THE DEaTOR SHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR HEREUNDER. NOTICE TO BUYER, (1) 00 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 THE FULL AMOUNT DUE AND UNDER CERTAIN CONDITIONS TO OBTAIN A PARTIAL REFUND OF THE FINANCE CHARGE. AND INTEND (S) BuYER(S) : I AGREE TO REPAY ALL AMOUNTS DUE ON THIS LOAN IF THE BORROWER(S)/aUYER(S) FAILS TO DO SO IN ACCORDANCE WI H THE TERMS OF THE NOTE: STUDENT COSIGNER SCRIPT OF A SroDENT' S RECORD WILL NOT BE RELEASED F LOAN PAYMENTS TO THE COLLEGE ARE IN ARREARS OR DEFAULT. DATE. DICKINSON COLLEGE 7-/1-91.. ~ BY ~r~ .. ( ( AUG 1 3 is, 'bjn)l2. " . , ,_______._._.._~.. _.. ... . ._,.~. .,. n' .._,,_ ..---'- -' - .-- -.-'.- .....--------.....-...-----.----,..-.-..~.-...-.--.--.---. ~ __--. ... '0"-~~<<lcJ:uj:l,.k-~-~L- ___ ,.'"., _. .L.lJL..ic~r-\~~. .".__,_~' .J::Lt...._tbD.._..C.~..:.~C-_-- ____........... _..c\..U'". ~._--\ ti-st.~-.-,-..fl.A.,....~-v-...-~.-\...O)'O --' ______..".. .~,~~, .,'~. J()..__~(J~....~,~,-..-M-:tk,-.. __-.....-...-..-~..~..-~.....-W::L.~-~..~~ ' __-..-lJ..trJ.}~..--~~-.~--~._~-~~t- ..... .________u.o,..~-\~~~"..---ffi~._~-~W.CLAd ' __.._._.._____~.~-9:n.~-_W-Cg)--VO,~-~-..lP,ar:~'-..--~-..-. _----illA> "4r-~--~_W..-W'~-'oc.-.WJ'f......L-"'d1-- _.___.._..___O-Ol-.\.O-\)..C-..WW....-..--J-!/).J'm....--~--..- _~J.._____w~-c4.lM: _..__._._...._.~.--~,~.-~.....1f,C.---~-~--~~.-~--' _ ...._.____~jl 0 ......~, .~. ,. ~.~,~...-te.k-..-v&~...LAl:..q.,., _______I"'=--~-~~4<>"":.--~~--"'~"'-~ ' . __..,______.._~--,--~.~.L-_-~~~~f)~-~-~-- _""__." ,." _,.....~~..~,.~~ _~.---.O-.l(-..~..~~....~~.-~~ ...c-_ ___...._.._l>J:t-__~-.~._~r:'--o1.~ i:t.._12-'tf--~-'--. ..~~--.----_.- ....--.-------.--...----. -.----------.----- --------.-- .._._________.._..____j.~-.~u.--~ r _~-~~~-~ _.__._.._--_..._--_..._._,.._.._~...~-' _..----~-~-~.~~ ..__________..........' _._____~~___t}.jo--W~-.k\~C~~_..-..Q~.-~ OL --- , ....._ __..______.._.._ ___nn'._._..________7..4-..lo.. JO' ~.I,..-4----~'u..,- ~-.~ ... ._.___......____.._' ... _ __.__.._..,__I\~-+---~--M.-~..,~~_L\ ......_.__n.___ __n_.......,_.._...___..~~..--D-CL.L.--~~~. ----_...- .-_.~-_._--,~--_.__.------ -- .:__n..._...'..,.. .._._..,' ....,.-,',...'. ,-....-..---.-.-....~,-~~ .R5. J,~ ~~ ~ ~'b,_,._~..&hw~--I_..~L~ .,~'ii; .rAOt.t'(r ,~ ~~~....~. cfN).k.l.vO./.)..JO:t..t-LW._~_YJ..~ ,i _.j;o ~ ~~ ,~_lJ,)C~-~:.~--.~...-t~~ f'~' . ( c " DICKINSON COLLEGE 'FLEXIaLE FIN~CING SYSTEM - PLAN B EDUCATIONAL GOODS AND SERVICES RETAIL INSTALLMENT CONTRACT Date February 11, 1993 I. Seller: Dickinson College, Carlisle, Pennsylvania 17013-2896 Joseph A. and Maxine H. Bendock R.R. #1, Box 204A WyalusfnQ. PA 18853 Buyer(s) : If there is more than one Buyer, each of you will be obligated, jointly and severally, for all eums due and for the performance of all agreements as provided in thie Contract. Under the terms of this Educational Goods and Services Retail Installment Contract, you have agreed to pay the expenses incurred for goods and services to be provided and rendered, as the case may be, to Joseph Bendock, III (hereinafter "student") during his/her enrollment at Dickinson College during the 1qq?_q~ academic year, including tuition, room and board, books and supplies as herein stated (hereinafter the "Goods and Services"). The Goods and Services shall include only tuition, room and board. II. TERMS OF PAYMENT AND PAYMENT SCHEDULE Disclosures Required by Federal Law ANNUAL PERCENTAGE FINANCE CHARGE: AMOUNT FINANCED: TOTAL OF PAYMENTS: TOTAL SALE RATE:. Dollar amount Amount of credit Amount paid by PRICE: Cost of credit as credit will prov ided by Buyer as total of Total cost of yearly rate cost Buyer Dickinson college all scheduled purchase on payments credit, in- cluding down payment of $ 18,860.00 7.50 % $ 1,339.12 $ 2,500.00 $3,839.12 $ 21,360.00 Rev 2/92 '" .. Number of Payments 148 .Variable Rate: Late Charge: ( r If 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, 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 THE SCHEDULED DATE FOR REPAYMENT OF THE AMOUNT FINANCED. Prepayment: BUYdr's paymsnt schedule will be as fOllows. Amount of Payments When Payments are Due $25.94 Monthly commencing until 5/28/05 2/28/93 The ANNUAL PERCENTAGE RATE disclosed above is a variable rate and may change. The ANNUAL PERCENTAGE RATE may increase during the 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 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 effective on July 1 following the increase, if any, in the prime rate of intereet. Any increase will be in the form of higher payment amounts. If your cost of the Goods and Services sold hereunder were S ?,500 00 at 7.50 % per annum for ~ months, and the prime rate plus l' were increaeed to R ~n " your regular monthly payments would increase to $27.32 . Further, the ANNUAL PERCENTAGE RATE will not increase to more than 18% or such other rate as may be permitted under the Pennsylvania Goods and Services Installment Sales Act. III. ITEMIZATION OF AMOUNT FINANCED 1., Cash price of Goods and Services: $ 21,360.00 2. Total down payment: 1R,R/in no 3. Unpaid balance of cash price (1 - 2): 2.500.00 4. Amount paid to others on Buyer's behalf: 0 '5. Amount Financed (3 + 4): $ 2,500.00 " ( ( IV. CREDIT'INSURANCE Credit life innuranco for tho torm of thin Contract in not required. V, NO WARRANTIES THERE ARE NO WARRANTIES, EITIIER EXPRESSED OR IMPLIED, GIVEN BY SELLER IN CONNECTION WITH SALE OF THE GOODS AND SERVICES COVERED BY TillS CONTRACT 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 Seller the Total of Payments in the number and 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 First 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 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. J. Buyer shall be deemed to have committed an "Event of Default" of the Contract upon the occurrence of any of 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 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 Buyer 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 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 and of Buyer's right to cure the default. The notice will provide the time, amount and performance 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 SUms due on the Contract to be immediately due and payable. The Buyer agress 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 if 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 assignment Buyer shall be obligated to the Assignee of this Contract, which Assignee shall have all of Seller's right 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 this Contract, which shall otherwise remain fully effective. 8. APPLICABLE LAW: 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 ( 9, CONSENT TO JURISDICTION. VENUE AND SERVICE: Tho partieD to this Agreement' consent and agree that all legal procoedingo relating to the subject matter hereof shall be maintained in the Court of Common Pleas of cumberland county, pennsylvania, or, if applicable, the United States District Court of the Middle District of Pennsylvania, and all parties hereto coneent and agree that juriediction and venue for euch proceedingo ohall lie exclusively within said court. Service of process in any such proceeding may be made by certified mail, return receipt requeoted, directed to the respective party at the address oet forth above, 10. This contract shall bs binding upon the parties hereto, their heirs, successors, assigns and legal representatives, 11. TIME IS OF THE ESSENCE OF THIS CONTRACT. NOTICE: AN~ 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 B~ THE DEBTOR SHALL NOT EXCEED AMOUNTS PAID B~ THE DEBTOR HEREUNDER, NOTICE TO BU~ER: (1) 00 NOT SIGN THIS AGREEMENT BEFORE ~OU READ IT OR IF IT CONTAINS AN~ BLANK SPACE. (2) ~OU ARE ENTITLED TO A COMPLETEL~ FILLED-IN COP~ OF THIS AGREEMENT. (3) UNDER THE LAW, ~OU HAVE THE RIGHT TO PA~ OFF IN ADVANCE THE FULL AMOUNT DUE AND UNDER CERTAIN CONDITIONS TO OBTAIN A PARTIAL REFUND OF THE FINANCE CHARGE. BU~ER(S) ACKNOWLEDGE(S) RECEIVING A COMPLETED COP~ OF THIS CONTRACT AND INTEND(S) TO BE LEGALL~ BOU:-D BYIT~;rERMS. A~" ,_/l~1 BUUR(S): ~~~~ ~':(ISrYr rl-~.L. /' O~L~ !T,(Jy ,,-;Lie. I AGREE TO REPA~ ALL AMOUNTS DUE ON THIS LOAN IF THE BORROWER(S)jBUYER(S) FAILS TO 00 SO IN ACCORDANCE WI H THE TERMS OF THE NOTE: STUDENT COSIGNER CRIPT OF A STUDENT' 5 RECORD WILL Not BE RELEASED , F LOAN PAYMENTS TO THE COLLEGE ARE IN ARREARS OR DEFAULT. DATE: DICKINSON COLLEGE '2- -( t-'73 ~:J~ B~ << ~, \,:, - (' DICKINSON COLLEGE FLEXIBLE FINANCING SYSTEM _ PLAN B EDUCATIONAL GOODS AND SERVICES RETAIL INSTALLMENT CONTRACT Date August 4, 1993 I. Seller: Dickinson College, CarliSle, Pennsylvania 17013-2B96 Joseph A. and Maxine H. Bendock. Jr. RR #1, Box 204A Wyalusinq, PA 18853 Buyer(s): 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 as provided in this Contract. Under the terme of this Educational Goods and Services Retail Installment Contract, you have agreed to pay the expenses incu,red fOt goode and services to be provided and rendered, as the caee may be, to vOSeph ~endock, III (hereinafter "Student") during his/her enrollment at Dick1nson College dur1ng t e 1993-94 academic year, including tuition, room and board, booke and supplies as herein statea (hereinafter the "Goods and Services"). The Goods and Services shall include only tuition, room and board, II. TERMS OF PAYMENT AND PAYMENT SCHEDULE Disclosures Required by Federal Law ANNUAL PERCENTAGE FINANCE CHARGE: AMOUNT FINANCED: TOTAL OF PAYMENTS: TOTAL SALE RATE:. Dollar amount Amount of credit Amount paid by PRICE: Cost of credit as credit will provided by Buyer as total of Total cost of yearly rate cost Buyer Dickinson College all scheduled purchase on payments credit, in- cluding down payment of S 17,090.00 7.00 % S 2,096.80 s 4,500.00 S 6,596.80 S 22,590.00 Rev 2/92 Number of paymente 140 'variable Rate: Late Charge: ( ( , Buyer's payment schsdule will be as follows: Amount of Payments When payments are Due $47.12 Monthly commencing 9/28/93 until ~/?A/n~ The ANNUAL PERCENTAGE RATE disclosed above is a variable rate and may change. The ANNUAL PERCENTAGE RATE may increase during the 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 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 effective on July 1 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 end Services sold hereunder were $4.500.00 at 7.0 \ per annum for ~ months, and the prime rete plus 1\ were increased to 8.0 " your regular monthly payments would increase to $ 4Q ~ . Further, the ANNUAL PERCENTAGE RATE will not increase to more t an 18\ or such other rate as may be permitted under the pennsylvania Goods and Services Installment Sales Act. If 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. 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 THE SCHEDULED DATE FOR REPAYMENT OF THE AMOUNT FINANCED. Prepayment: III. ITEMIZATION OF AMOUNT FINANCED l. Cash price of Goods and Sl):!rvicea: $ 22.590.00 2. Total down payment: 17,090.00 3. Unpaid balance of cash price ( 1 - 2): 4,500.00 4. Amount paid to others on Buyer's behalf: 0 5. Amount Financed (3 + 4): $ 4,500.00 , ( 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 WITH SALE OF THE GOODS AND SERVICES COVERED BY THIS CONTRACT 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 Seller the Total of Payments in the number and amount of monthly paymsnts shown in the Payment Schedule. Payments are dus on or before ths same date of each month as the first payment date, Payments must be made to First 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 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. Buyer shall be deemed to have committed an "Event of Default" of the Contract upon the occurrence of any of 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 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 Buyer 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 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 and of Buyer's right to cure the default. The notice will provide the time, amount and performance 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 sums due on the Contract to be immediately due and payable. The Buyer 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 if 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. 8uyer agrees that upon receiving notice of the assignment Buyer shall be obligated to the Assignee of this Contract, which Assignee shall have all of Seller's right 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 this Contract, which shall otherwise remain fully effective. 8. APPLICABLE LAW: 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: ..,.. .~~;:. '. ... < --;.,' .f' '_ ~:;';(:':'," i , _'" q. , ,~, ,,:-', f'" ,\ - 'l:'-:'.,"~ \oi.Itl~:'f, ~ ~ 6' ;::;: o :x1/ r" ,,~ 1\ t~{<~' @ 'V " I , J. i .1!~, ~~ " . ;I. , ~ ".- ' a . :! , < ~ , . , .. . (', r DICKINSON COLLEGE FLEXIBLE FINANCING SYSTEM - PLAN B EDOCATIONAL GOODS AND SERVICES RETAIL INSTALLMENT CONTRACT <J" . it;" , I,,! ; I' '~ : 1 ~1 'I if ',' ~ ,I., I : , ,1 ! ,.'~ 'l".... \, ,y"" , ' :!' , iiil' '.~\ : ' 'I Date January 11, 1994 1. Seller: Dickinson College, Carlisle, Pennsylvania 17013-2896 Joseph A. Bendock, Jr. and Maxine H, Bendock RR #1, Box 204A Wyalusing PA 18853 Buyer(s) : 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 as 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 and services to be provided and rendered, as the case may be, to Josp~h Bendock II (hereinafter "Student") during his/her enrollment at Dickinson College during the lqq~-Q4 academic year, including tuition, room and board, books and supplies as herein stated (hereinafter the "Goods and Services"), The Goods and Services shall include only tuition, room and board. II. TERMS OF PAYMENT AND PAYMENT SCHEDULE Disclosures Required by Federal Law ANNUAL PERCENTAGE FINANCE CHARGE: AMOUNT FINANCED: TOTAL OF PAYMENTS: TOTAL SALE RATE:. Dollar amount Amount of credit Amount paid by PRICE: Cost of credit as credit will pro v ided by Buyer as total of Total cost of yearly rate cost Buyer Dickinson College all scheduled purchase on payments credit, in- cluding down payment of $ 21,590.00 7.00 , $ 451 , 12 $ 1,000.00 $ 1,451,12 $ 22,590.00 ;":;'/' , :~, , t,.., , -", i';,' ';,.:!; ",/' i ~) Ii 1::' r.~~~" " ~, :1~ I 'f"( I ~(I):: 'jl'-'"'' . '~~~> :P~l Rev 2/92 . Number of Payments 136 .Variabls Rate. Late Charge: Prepayment: c (' Buyer's payment schedule will be as follows: Amount of Payments When Payments are Due $1D.67 Monthly commencing 1/28/94 until 5/?A/05 The ANNUAL PERCENTAGE RATE disclosed above is a variable rate and may change. The ANNUAL PERCENTAGE RATE may increase during the term of this transaction if the prime rate of interest announced in the Wall Street Journal as of the close of businese on June 30 of each calendar year incrsases, and will be increased to the prime rate plus 1%. The ANNUAL PERCENTAGE RATE will not increase more than once a year, and the n~w interest rate will become effective on July 1 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 S 1 000.00 at 7.00 % per annum for 136-- months, and the prime rate'plus 1% were increased to 8.00 %, your regular monthly payments would increase to S 11 ?6 . Further, the ANNUAL PERCENTAGE RATE will not increase to more t an 18% or such other rate as may be permitted under the Pennsylvania Goods and Services Installment Sales Act. If 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, 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 THE SCHEDULED DATE FOR REPAYMENT OF THE AMOUNT FINANCED. III. ITEMIZATION OF AMOUNT FINANCED 1. Cash price of Goods and Services: $ 22,590.00 2. Total down payment: 21,590.00 3. Unpaid balance of cash price (1 - 2): 1,000.00 4. Amount paid to others on Buyer's behalf: 0 5. Amount Financed (3 + 4): S 1,000.00 ~ ~ c ( IV. 'CREDIT I~SURANCE Credit life insurance for the term of this Contract is not rsquired. V. NO WARRANTIES THERE ARE NO WARRANTIES, EITHER EXPRESSED OR IMPLIED, GIVEN BY SELLER IN CONNECTION WITH SALE OF TME GOODS AND SERVICES COVERED BY THIS CONTRACT 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 Seller the Total of Payments in the number and amount of monthly payments ehown 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 following address: First Wachovia, Inc. P. O. Box 70095 Charlotte, NC 2B272-0095 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 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 curee any default. 3. Buyer shall be deemed to have committed an "Event of Default" of the Contract upon the occurrence of any of 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 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 Buyer 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 Buyer with notice, by certified mail as required by law, addressed to Buyer'e last known address as shown on Seller's records, advising Buyer of the default and of Buyer's right to cure the default. The notice will provide the time, amount and performance 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 sums due on the Contract to be immediately due and payable. The Buyer 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 if 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 assignment Buyer shall be obligated to the Assignee of this Contract, which Assignee shall have all of Seller's right 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 this Contract, which shall otherwise remain fully effective. B, APPLICABLE LAW: 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 c ( " "," DICKINSON COLLEGE FLEXIBLE FINANCING SYSTEM - PLAN B EDUCATIONAL GOODS AND SERVICES RETAIL INSTALLMENT CONTRACT November 21, 1994 I. Seller: Dickinson College, Carlisle, Pennsylvania 17013-2B96 Joseph A. & Maxine H. Bendock RR# 1 Box 204A Wya1using, PA 18853 Buyer (s) : 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 as 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 and eervices to be provided and rendered, as the case may be, to Joseph A. Bendock III (hereinafter "Student") during his/her enrollment at Dickinson College during the 1994-1995 academic year, including tuition, room and board, books and supplies as herein stated (hereinafter the "Goods and Services"). The Goods and Services shall include only tuition, room and board. II. TERMS OF PAYMENT AND PAYMENT SCHEDULE Disclosures Required by Federal Law ANNUAL PERCENTAGE FINANCE CHARGE: AMOUNT FINANCED: TOTAL OF TOTAL SALE P RATE: * Dollar amount Amount of credit PAYMENTS: PRICE: Cost of credit as credit will provided by' Amount paid by Total cost of yearly rate cost buyer Dickinson College Buyer as total of purchase on all scheduled credit, including payments down payment of $ 15,700,00 B,25 % $ 4,020.55 $ 8,000.00 $ 12,020.55 $ 23,700.00 Rev 2/92 The ANNUAL PERCENTAGE RATE disclosed above is 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 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 effective on July 1 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 $8,000.00 at 8.25\ per annum for 127 months, and the prime rate plus 1\ were increased to 9.25\, your regular monthly payments would increase to $99.00. Further, the ANNUAL PERCENTAGE RATE will not increase to more than 18\ or such other rate as may be permitted under the pennsylvania Goods and Services Inetallment Sales Act. If 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 leas than $1,00) may be charged. 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 THE SCHEDULED DATE FOR REPAYMENT OF THE AMOUNT FINANCED. " . Number of Payments 127 .Variable Rate: Late Charge: Prepayment: (" ( Bendocl Buyer's payment schedule will be as follows: Amount of Payments When Payments are Due $ 94.65 Monthly commencing 10/28/94 until OS/28/05 III. ITEMIZATION OF AMOUNT FINANCED 1. cash price of Goods and Services: $ 23,700.00 2. Total down payment: 15,700.00 3, Unpaid balance of cash price (1 - 2): 4. Amount paid to others on Buyer's behalf: 5. Amount Financed (3 + 4) : $ 2 ( ( . 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 WITH SALE OF THE GOODS AND SERVICES COVERED BY THIS CONTRACT 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 Seller the Total of paymente in the number and amount of monthly paymente shown in the Payment Schedule. paymente are due on or before the same date of each month as the first payment date. Payments must be made to Eduserv Technologies, Inc. at the following address: Eduserv Technologies, Inc. P.o. Box 64974 St. Paul, MN 55164-0974 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 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. Buyer shall be deemed to have committed an "Event of Default" of the Contract upon the Occurrence of any of 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 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 Buyer 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 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 and of Buyer's right to cure the default. The notice will provide the time, amount and performance 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 sums due on the Contract to be immediately due and payable. The Buyer 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 if 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 assignment Buyer shall be obligated to the Assignee of this Contract, which Assignee shall have all of Seller's right 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 this Contract, which shall otherwise remain fully effective. 8. APPLICABLE LAW: 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 ~' 9. (' ( 'CONS EN , NUE AND SERVICE:' The,parti:es to this Agreement consent legal proceedings relating to the Subject matter hereof shall be maintained in the Court of Common Pleas of Cumberland County, Pennsylvania, or, if applicable, the United States District Court 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 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 GOODS OR SERVICES OBTAINED PURSUANT HERETO OR WITH THE PROCEEDS HEREOF. RECOVERY HEREUNDER BY THE DEBTOR SHALL NOT EXCEED AMOUNTS 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 THE FULL AMOUNT DUE AND UNDER CERTAIN CONDITIONS TO OBTAIN A PARTIAL REFUND OF THE FINANCE CHARGE. BUYER(S) ACKNOWLEDGE(S) TO BE LEGALLY BO D BUYER(S) : ~ 2tzCf/ A COMPLETED COpy OF THIS CONTRACT AND INTEND(S) I AGREE TO REPAY ALL AMOUNTS DUE ON THIS TO DO SO IN ACCORDANCE WIT~ THE TERMS OF. STUDENT COSIGNER BORROWER(S)/BUYER(S) FAILS T CRIPT OF A STUDENT'S RECORD WILL NOT BE RELEASED I LOAN PAYl~NTS TO THE COLLEGE ARE IN ARREARS OR DEFAULT, DATE: DICKINSON COLLEGE /1-7..7..-''l{ BY <.~- ~....-"'\. 4 , , , i I i I I i t ! , , i I , I i , , ! ~ ::r c;: ;:;: " @ ('.' ,t"' i , ,~ , : ~ r I o j ~ i a i I , fi .. '. Number of Payments 116 .Variable Rate: Late Charge: ( (' , , If 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. Buyer may prepay the unpaid balance of the Amount Financed and any CHARGE due through the date of early payment, in full or in art, penalty. SEE SECTION VI OF THE CONTRACT BELOW FOR ANY ADDITIONAL INFORMATION ABCUT NON-PAYMENT, REQUIRED REPAYMENT BEFORE THE SCHEDULED DATE FOR REPAYMENT OF THE AMOUNT FINANCED. Prepayment: Buyer'S payment schedule will be as follows: Amount of Payments When Payments are Due Monthly commencing 09/28/95 until OS/28/05 l. Cash price of Goode and Services: $ 24,870.00 2. Total down payment: 17,870.00 3, Unpaid balance of cash price (1 - 2): 7,000.00 4. Amount paid to others on Buyer's behalf. - 0 - 5. Amount Financed (3 + 4). $ 7,000.00 $ 94,37 The ANNUAL PERCENTAGE RATE disclosed above is a variable rate and may change. The ANNUAL PERCENTAGE RATE may increase during the 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 increases, and will be incrsasec 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 effective on July 1 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 anc Services sold hereunder were $7,000.00 at 10.00\ per annum for 116 months anc the prime rate plus 1\ were increased to 11.00\, your regular monthly payments would increase to $98.26. Further, the AlrnuAL PERCENTAGE RATE will not increasE to more than 18\ or such other rate as may be permitted under the Psnnsylvania Goods and Services Installment Sales Act. III. ITEMIZATION OF AMOUNT FINANCED 2 """;"~~:'-:"". ( C~DIT.INSURANCE (' rv. 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 WITH SALE OF THE GOODS AND SERVICES COVERED BY THIS CONTRACT 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 Seller the Total of Payments in the number and amount of monthly payments shown in the Payment Schedule. Payments ars due on or before the same date of each month ae the first payment date. Payments must be made to Eduserv Technologies, Inc. at the following address: Eduserv Technologies, Inc. P,O. Box 64974 St. Paul, MN 55164-0974 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 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. Buysr shall be deemed to have committed an "Event of Default" of the Contract upon ths occurrence of any of 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 outstanding with seller, (C) failure to perform any other provision of the Contract, (d) providing Seller with falee information 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 after the occurrence of any Event of Default, Seller will provide Buyer with notice, by csrtified mail as required by law, addressed to Buyer's last known address as shown on Seller's records, advising Buyer of the default and of Buyer'e right to cure the default. The notice will provide the time, amount and performance 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 sums due on the Contract to be immediately due and payable. The Buyer 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 if 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 assignment Buyer shall be obligated to the Assignee of this Contract, which Assignee shall have all of Seller's right 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 this Contract, which shall otherwise remain fully effective. 8. APPLICABLE LAW: This Agreement, whenever called upon to be construed, shall be governed by the domestic internal laws of ths Commonwealth of Pennsylvania except to the extent supplemented, superseded or preempted by federal law. 3 . USTED DEBE LLEVAR ESTE DOCUMENTO A SU A130DAGO IMMEDIATAMENTE. SI USTED NO T!ENE UN ABOGADO 0 NO PUEDE PAGARLE A UNO, LLAME 0 VAYA A LA SIGUIENTE OFICINA PARA A VERIGlJAR DONDE PUEDE ENCONTRAR ASISTENCIA LEGAL. Cllmber/allll COIIl/ty Bar Associatiol/ 2 Liberty Aveulle Carlisle. PA 17013-3387 Telephoue: (717) 249-3166 Mc . . WALLACE & NURICK By <r. Stephenson Matthes Attorney I.D. No.67408 100 Pine Street P. 0, Box 1166 Harrisburg, PA 17108-1166 (7) 7) 232.8000 Attorneys for Plaintiff Dickinson College Thrcc Thousand Dollars ($3,000,00) with intcrest at thc initial ratc ofscvcn and onc half pcrccnt (7,5%) pcr annum, in onc hundrcd fifty thrcc (153) cqualmonthly installmcnt of Thirty Dollars and Fifty-one Ccnts ($30.51) commencing on Septembcr 28, 1992. 12. Under the terms of the Second Contract, Parents, as "Buyer(s)" agreed to pay Dickinson Two Thousand Fivc Hundred Dollars ($2,500,00) with interest at the initial rate of seven and one half perccnt (7,5%) pcr annum, in one hundrcd fOlty eight (148) equal monthly installmcnts of Twenty Five Dollars and Nincty-four Cents ($25.94) commeucing on Fcbruary 28, 1993, 13. Under the terms of the Third Contract, Parents, as "Buyer(s)" agreed to pay Dickinson Four Thousand Five Hundred Dollars ($4,500,00) with interest at the initial ratc of seven percent (7.0%) per annum, in one hundred forty (140) equal monthly installments of Forty Seven Dollars and Twelve Cents ($47,12) commencing on Septembcr 28, 1993. 14. Under the terms of the Fourth Contract, Parents, as "Buyer(s)" agreed to pay Dickinson One Thousand Dollars ($1,000,00) with interest at the initial rate of seven percent (7,0%) per annum, in one hundred thirty six (136) equal monthly installments ofTen Dollars and Sixty-seven Cents ($10.67) commencing on January 28, 1994, 15. Under the terms of the Fifth Contract, Parents, as "Buyer(s)" agreed to pay Dickinson Eight Thousand Dollars ($8.000,00) with intcrest at the initial rate of eight point twenty five percent (8,25%) per annum, in one hundred twenty seven (127) equal monthly installments of Ninety Four Dollars and Sixty-five Cents ($94.65) commencing on October 28, 1994, 16. Under the terms of the Sixth Contract, Parents, as "Buyer(s)" agreed to pay Dickinson Cents ($26,330.03), which includes principal in thc amount of Twenty Two Thousand Three Hundrcd Eighty Eight Dollars ($22,388,00), interest in the amount of Three Thousand Eight Hundred Eighty Eight Dollars and Fifty-six Cents ($3,888,56), late fees in the amount of Fifty Three Dollars and Forty-seven Cents ($53.47), plus reasonable attorney's fees and collection costs. WHEREFORE, Plaintiff Dickinson College demands judgment against Parents Joseph Bendock, Jr. and Maxine Bendock in the sllfn of Twenty Six Thousand Three Hundred Thirty Dollars and Three Cents ($26,330.03), plus interest at the rate indicated on the individual Contract(s), late fees, costs of suit, attorneys' fees and collection costs, COUNT II DICKINSON COLLEGE V, JOSEPH BENDOCK, III BREACH OF CONTRACT 25. Paragraphs I through 24 are incorporated herein by reference as if set forth in full. 26. Student signed the Contract(s) as "Student Cosigner" and in doing so agreed to "repay all amounts due on this loan if the Borrower(s)/Buyer(s) fail to do so in accordance with the terms ofthc Note". 27. Because Parents have failed to make payments due causing the Contract(s) to be in default, Student is obligated to repay all amounts due under these Contracts, 28, Dickinson has demanded payment of the obligations owed to it by Student under the above Contracts. 29. Student has failed to make such payment. 30, The total amount which has become immediately due an payable to Dickinson by ..... Student pursuant to the Contracts as of Junc 22, 1998, is Twenty Six Thousand Thrce Hundred Thirty Dollars and Thrce Cents ($26,330,03), which includes principal in the amount of Twenty Two Thousand Three Hundred Eighty Eight Dollars ($22,388,00), interest in the amount of Three Thousand Eight Hundred Eighty Eight Dollars and Fifty-six Cents ($3,888,56), late fees in the amount of Fifty Three Dollars and Forty-seven Cents ($53.47), plus reasonable attorney's fees and collection costs. WHEREFORE, Plaintiff Dickinson College demands judgment against Student Joseph Bendock, III in the sum of Twenty Six Thousand Three Hundred Thirty Dollars and Three Cents ($26,330.03), plus interest at the rate indicated on the individual Contract(s), late fees, costs of suit, attorneys' fees and collection costs. COUNT III DICKINSON COLLEGE V, JOSEPH BENDOCK, III IN OUANTUM MERUIT In the alternative, if this Honorable Court should determine that an express contract between Dickinson and Student does not exist, which is denied, Dickinson pleads the following Court In Ouantum Meruil, 31, Paragraphs I through 30 are incorporated herein by reference as if set forth in full. 32. Having requested Dickinson to loan money, and doing so to the benefit of Student, Student became liable to Dickinson for said money, 33. Student has been unjustly enriched by accepting said money without paying Dickinson reasonable compensation therefor. 34, The total amount by which Student has become enriched on account of the money loaned is Twenty Six Thousand Three Hundred Thirty Dollars and Three Cents ($26,330.03), " (:, ,( . . ..~ - ....- ,. DICKINOON COlLIDE FLEXIBLE FINANCING SYSTEM - 7000 PLAN EDUCATIONAL GCODS AND SERVICES RE.1'AIL IN5TAI.lJ.IENT CONIRAcr Date Septem ber 11, 1992 1. Seller: :&lyer(s) : ' Dickinson College. Carlisle, Pennsylvania 17013 Joseph A. and Maxine Bendock, Jr. R.R. #1. Box 204A Wyalusin9, PA 18853 If there is more than one :&lyer. each of you will be obligated. jointly and severaIIy. for all sums due and for the performance of all agreements as provided in this Contract. Under the terms of this Educational Goods and Services Retail Installment Contract. YOll have agreed to pay the expenses incurred for goods and services to be provided and rendered. as the case may be. to Joseph Bendock. III (hereinafter "Student") during his/her enrollment at Dickinson College during the 1992-93 academic year. including tuition. room and board. books and supplies as herein stated (hereinafter the "Goods and Services") , The Goods and Services shall include only tuition, room and board. II, TERMS OF PAYMEm' AND PAYMENT SCHEDULE Disclosures Required by Federal Law ANNUAL PERCENrAGE FINANCE CHARGE: AMaJNT FINANCED: TOTAL OF PAYMENTS: TOfAL SALE RA1E:* Dollar amount Amount of credit Amount paid by PRICE: Cost of credi t as credi t wi 11 provided by Buyer as total of Total cost of yearly rate cost Buyer Dickinson College all scheduled purchase on payments credi t. in- cluding down payment of $18.360.00 7.50 % $1,668.25 $ 3,000,00 :5 4,668.25 $ 21,360.00 Rev 9/89 ~' , . r ( " Buyer's payment schedule will be as tollows. Number of payments Amount of payments When payments are Due 153 $30.51 Monthly commencing until 5/28/0~ 9/28/92 *Variable RatElI The ANNUAL PERCENTAGE RATE disclosed above is a variable rate and may change. The ANNUAL PERCENTAGE RATE may increase during the term of this transaction if the prime rate of interest announced in the Wall street Journal as of the close ot 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 increaee more than once a year, and the new interest rate will become effective on July l following the increase, if any, in the prime rate of intereot. Any increase will be in the form of higher payment amounts. If your cost of the Goode and Service 0 oold hereunder were $ 3,000.00 at7,5~ \ per annum for 153 montho, and the prime rate plus I'll were ncreased to 8.50 '. your regular monthly payments would increase to $ 3?1h . Further. the ANNUAL PERCENTAGE RATE will not increase to more t an 18\ or such other rate as may be permitted under the pennsylvania Goods and services Installment Sales Act. If 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. Late Charge I 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 part, without penalty. SEE SECTION VI OF THE CONTRACT BELOW FOR ANY ADDITIONAL INFORMATION ABOUT NON-PAYMENT. AND REQUIRED REPAYMENT BEFORE THE SCHEDULED DATE FOR REPAYMENT OF THE AMOUNT FINANCED. III. ITEMIZATION OF AMOUNT FINANCED 1. Cash price of Goods and Services: $ 21,360.00 2. Total down payment: 18,360,00 3. unpaid balance of cash price (1 - 2): 3,000.00 4. Amount paid to others on Buyer's behalf: 0 5. Amount Financed (3 + 4)1 $ 3,000.00 \ . c' 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 III CONNECTION WITH SALE OF THE GOODS AND SERVICES COVERED BY THIS CONTRACT 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 Seller the Total of Payments in the nllmber and 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 First 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 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. J. Buyer shall be deemed to have committed an "Event of Default" of the Contract upon the occurrence of any of 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 outstanding with Seller. (c) failure to perform any other provision of ths Contract, (d) providing Seller with false information or signatures, (e) death, incompetence, or conviction of any Buyer of crime involving fraud or diehonesty, (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 last known address as shown on Seller's records, advising Buyer of the default and of Buyer's right to cure the default. The notice will provide the time, amount and performance 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 sums due on the Contract to be immediately due and payable. The Buyer 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 if Seller should thereafter choose to exercise that or any other right or a similar Event of Default occurs later. All Seller's right. 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 assignment Buyer shall be obligated to the Assignee of this Contract, which Assignee shall have all of Seller'. right and remedies. 7. If any part of this Contract is held to be illegal, void or unenforceable, that provision shall be deemed not to havs been a part of this contract, which shall otherwise remain fully effective. B. APPLICABLE LAW: 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 . ... .... . . (, ,( AUG 1 3 is. ll/n}tz.. . .' . ----.-..--.--. - - ....... ...-----.-...-.-- --.-.:-....-..-...- -..-.--. ---..---------..- -- -----.-------.--.-. - --_.......~-~..~.cQu:t...JL-~,-tr ....---__.LL.o._ ,-,~----.-~p--n-..,~p...tL.t-cbQ-(L~' ~L --QlJ-.r-~...~~s:t.-~-....-~__~.v.....-~ ....Mil _ ....-.---~..~~,..'~..JD- ..-~c<b--~.~..-.-M-~ _ --.~ -~--~--U>.:L~_~_Ul'}~oJ.- ~-~t..O.L .. .-.--~._~_t.O.~t- -~..-~-.~~. - ..--..m..~~~W_~ -.~-~-~-~--\,Q.~-~.~-~.w.Qr:~>--~ .--.~.....~~-,-.~-W~-lJ.J.J.,L-~-ncw:r::..o..oJ.~~ -.--.-----o..U.l-.~.\)..c.~~---j-t.O.l'nL..~t..J~,~{'.;,....__W~_~lM: ---------.~.-~.-~-~,..-t.L.~-t&r.---~~-~-' - _.._____~J\to..,.~ ...~-.~.".~.~-~-...-~~---~~-.~o..L-L ------....-.-...._~H..\.AA ~-.J1.Lc-~.~...-_-~.~-..~-~~~, -_.......---~- ~.-~-~.\'_\s._-~~J;u~t'J~ ~ ~~~-. -'--' ,--.. .....--.~~n~..<..M-DI':.~.,.._.OJ 1..-~..&N:'_~~._~~ ---.._.__..-W:t,-.~__~._~~__o!.~ ~J2....~~. ----------.-- -.-----------..---...-------.--.------ n___.. "----..-.j~-Lf~-~r-~-~~b>--~ . V) I.. - , ~ _n____u______.____'____._P.______~.-'~-, _...__ __o,!..._.L~.~_. _.__ _ .. -------..--.......... ...------~~-ili._loJ~_.~'tl['Ut--~_--.,Q~....~. , ---..---..----.- --"P-_.--p-._._1Lt~ -..to- ~.1...-4--~.u....-~...~ _. .------.-.-----..-..P ........,.,-- ..-..._....._~~. ...-...~-..cM.-~--..~4 .------..----.--..-........------- ,-- ~-Cl.C<..L._~_~W~. _H___._.__.___.________.___._ _ .:----..,...,--..-.-. ....... ""'-'''''''- ............. .....-...-------.... ,~,-~~ ---..- .. ,P.S, J..~ ~~. ~ ~b......~...~~.L_.~L~ ---...-........ ,'., .~t.r:'<r' "~ 'tu...~~..~..~.kl,..A.c_~_._~__~_W~ .....-..... .... .. .....:t>> ~ ~~~.~o.~,~"~...~.c_.t~~ f'~' DIC~INSON COLLEGE FLEXIBLE FINANCING SYSTEK - PLAN B EDUCATIONAL GOODS AND SERVICES RETAIL INSTALLKENT CONTRACT ( (: Date February 11, 1993 Buyer(S)I Dickinson college, Carliele, Pennsylvania 17013-2896 Joseph A. and Maxine H. Bendock R.R. 11, Box 204A WyalusinQ. PA 18853 - 1. Seller I If there is more than one Buyer, each of you will be obligated, jointly and severally, for all sume due and for the performance of all agreements as provided in this contract. Under the terms of this Educational Goods and Servicss Retail Installment Contract, you have agreed to pay the expenses incurred for goods and services to be provided and rendered, as the case may be, to Joseph Bendock. III (hereinafter "student") during his/her enrollment at Dickinson college during the 1qq?-q~ academic year, including tuition, room and board, books and supplies as herein stated (hereinafter the "Goods and Services"). The Goods and Services shall include only tuition, room and board. II. TERMS OF PAYMENT AND PAYMENT SCHEDULE Disclosures Required by Federal Law ANNUAL PERCENTAGE FINANCE CHARGE: AMOUNT FINANCED: TOTAL OF PAYMENTS: TOTAL SALE RATE:. Dollar amount Amount of credit Amount paid by PRICE: Coet of credit as credit will provided by Buyer as total of Total cost of yearly rate cost Buyer Dickinson college all scheduled purchase on payments credit, in- cluding down payment of 5 18,860.00 7.50 , 5 1,339.12 5 2,500.00 53,839.12 5 21,360.00 Rev 2/92 ,. Number of P~ymontD 148 *Variable Rate: Late Charge: Prepayment: ~' ( ( Buyer'o payment schedule will be aD follows: Amount of Payments When paymente are Due $25.94 Monthly commencing until 5/28/05 2/28/93 The ANNUAL PERCENTAGE RATE disclosed above is a variable rate and may change. The ANNUAL PERCENTAGE RATE may increase during the 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 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 effective on July 1 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 S 2,500.00 at 7 50 \ per annum for 148 months, and the prime rate plus 1\ were Increased to ~_.. your-regular monthly payments would increase to S27.32 . F~ the ANNUAL PERCENTAGE RATE will not increase to more than 18\ or such other rate as may be permitted under the Pennsylvania Goode and Services Installment Sales Act. If a payment is more than 15 days late, a sum equivalent to 5\ of the late payment (but no more than S2.50 and not less than Sl.OO) may be charged. 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, AND REQUIRED REPAYMENT BEFORE THE SCHEDULED DATE FOR REPAYMENT OF THE AMOUNT FINANCED. III. ITEMIZATION OF AMOUNT FINANCED 1.. Cash price of Goods and Services: S 21,360.00 2. Total down payment: 1R,Rlin nn 3. Unpaid balance of cash price (1 - 2): 2.500.00 4. Amount paid to others on Buyer's behalf: 0 5. Amount Financed (3 + 4): S 2,500.00 ,,""".......,'" '. (' ( IV. CREDIT INSURANCE Credit life ineurance for the term of thie Contract io not required. V. NO WARRANTIES THERE ARE NO WARRANTIES, EITHER EXPRESSED OR IHPLIED, GIVEN BY SELLER IN CONNECTION WITH SALE OF THE GOODS AND SERVICES COVERED BY TillS CONTRACT 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 Seller the Total of Payments in the number and amount of monthly paymente shown in the Payment Schedule. paymente are due on or before the samo date of each month ,as the first paymsnt date. Paymsnts must be made to First 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 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. Buyer shall be deemed to have committed an "Event of Default" of the Contract upon the occurrence of any of 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 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 Buyer 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 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 and of Buyer's right to cure the default. The notice will provide the time, amount, and performance neceseary 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 dus on the Contract to be immediately due and payable. The Buyer agrees to pay all attorney's fees and other reasonable collection coete and chargee neceseary 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 choose to exercise that or any other right or a eimilar Event of Default occurs later, All Seller's rights and remedies ehall be cumulative. Seller'e exercise of one or more rights shall not cause Ssller to lose any other rights, 6, This Contract is freely assignable by Seller. Buyer agrees that upon receiving notice of the assignment Buyer shall be obligated to the Assignee of this Contract, which Assignee shall have all of Seller's right and remediee. 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 this contract, which shalL otherwise remain fully effective. 8. APPLICABLE LAW: Thie 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 (' . c. " ' .' DICKINSON COLLEGE FLEXIBLE FINANCING SYSTEK - PLAN B EDOCATIONAL GOODS AND SERVICES RETAIL INSTALLKENT CONTRACT Date August 4, 1993 I. Seller. 17013-2896 Buyer(s). Dickinson College, Carlisle, Pennsylvania Joseph A. and Maxine H. Bendock, Jr. RR 11, Box 204A Wyalusinq. PA 18853 If there is more than one Buyer, each of you will be obligated, jointly and severally, for all sums dus and for the performance of all agreements as provided in this Contract. Under the terms of this Educational Goods and Services Retail Installment Contract, you have agreed to pay the expenses incu~ed fo~ goodp and ssrvices to be provided and rendered, as the case may be, to ~OSeph ijendOCK, III (hereinafter "Student") during hiS/her enrollment at Dickinson college during the 1993:Q4 academic year, including tuition, room and board, booke and supplies as herein sta~ (hereinafter the "Goods and Services"). The Goods and Services shall include only tuition, room and board. II. TERMS OF PAYMENT AND PAYMENT SCHEDULE Disclosuree Required by Federal Law ANNUAL PERCENTAGE FINANCE CHARGE: AMOUNT FINANCED: TOTAL OF PAYMENTS: TOTAL SALE RATE:. Dollar amount Amount of credit Amount paid by PRICE: Cost of credit as credit will provided by Buyer as total of Total cost of yearly rate cost Buyer Dickinson College all scheduled purchase on payments credit, in- cluding down payment of $ 17,090.00 7.00 , $ 2,096.80 $ 4,500.00 $ 6,596.80 $ 22,590.00 Rev 2/92 i Number of payments 140 .Variable Rate. Late Charge. Prepayment: (. ( . Buyer's payment schedule will be as follows: Amount of Payments When Payments are Due $47 . 12 Monthly commencing 9/28/93 until ~/?R/n~ The ANNUAL PERCENTAGE RATE disclosed above io a variable rate and may change. The ANNUAL PERCENTAGE RATE may increaoe during the term of thie transaction if the prime rate of interest announced in the Wall street Journal as of the clooe 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 effective on July 1 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 Gooda and Services sold hereunder were 54.500.00 at 7.0 \ per annum for 140 months, and the prime rate plus 1% were increased to 8.0 '. your regular monthly payments would increase to 5 4Q ~~ . Further, the ANNUAL PERCENTAGE RATE will not increase to more t an 18' or such other rate as may be permitted under the pennsylvania Goodo and Services Installment Salee Act. If a payment is more than 15 days late, a sum equivalent to 5' of the late payment (but no more than 52.50 and not less than $1.00) may be charged. 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, AND REQUIRED REPAYMENT BEFORE THE SCHEDULED DATE FOR REPAYMENT OF THE AMOUNT FINANCED. III. ITEMIZATION OF AMOUNT FINANCED l- Cash price of Goods and s~rviceB: S 22.590.00 2. Total down payment: 17,090.00 3. Unpaid balance of cash price (1 - 2): 4,500.00 4. Amount paid to others on Buyer's behalf: 0 5. Amount Financed (3 + 4): 5 4,500.00 I I I I I I I I , , , , I I I I , I I I I I I I j <" , r:, , . CREDIT ;NSU~CEcr' .' IV. Credit life ineurance for the term of this Contract ie not required. V. NO WARRANTIES THERE ARE NO WARRANTIES, EITHER EXPRESSED OR IMPLIED, GIVEN BY SELLER IN CONNECTIOn WITH SALE OF THE GOODS AND SERVICES COVERED BY THIS CONTRACT UNLESS BUYER HAS BEEN GIVEN A SEPARATE WRITTEN WARRANTY. VI. ADDITIONAL PROVISIONS 1. Buyer agreee to pay Seller the Total Sale Price by making the total down payment and paying Seller the Total of paymente in the number and amount of monthly payments ehown in the Payment Schedule. paymente are due on or before the samo date of each month as the first payment date. Payments must be made to First Wachovia, Inc. at the following address: First Wachovia, Inc. P.O. Box 70095 Charlotte, NC 2B272-0095 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 of unearned Finance Charge whenever the amount ie paid in full in advance, and (with Seller's coneent) to reinstate the Contract if Buyer timely cures any default. J. Buyer shall be deemed to have committed an "Event of Default" of the Contract upon the occurrence of any of 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 outstanding with Seller, (c) failure to perform any other provieion of the Contract, (d) providing Seller with false information or eignatures, (e) death, incompetence, or conviction of any Buyer of crime involving fraud or diehoneety, (f) ineolvency 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 ae required by law, addressed to Buyer's last known address as shown on Seller's records, advising Buyer of the default and of Buyer'S right to cure the default. The notice will provide the time, amount and performance 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 sums due on the Contract to be immediately due and payable. The Buyer 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 if 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. This Contract is freely assignable by Seller. Buyer agrees that upon receiving notice of the assignment Buyer shall be obligated to the Assignee of this Contract, which Assignee shall have all of Seller's right and remedies. 6. 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 this Contract, which shall otherwise remain fully effective. APPLICABLE LAW: This Agreement, whenever called upon to be construed, shall be governed by the domestic internal laws of the commonwealth of Pennsylvania except to the ~xtent Bupplemented, superseded or preempted by federal law. 8. 3 , .., c; (' DICKINSON COLLEGE FLEXIBLE FINANCING SYSTEM - PLAN B EDUCATIONAL GOODS AND SERVICES RETAIL INSTALLMENT CONTRACT Date January 11, 1994 1. Seller: Dickinson College, Carlisle, Pennsylvania 17013-2896 Joseph A. Bendock. Jr. and Maxine H. Bendock RR #1, Box 204A Wyalusing PA 1BB53 Buyer(s) : 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 as 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 and services to be provided and rendered, as the case may be, to Josgoh Bendock. T1 (hereinafter "Student") during hiS/her enrollment at Dickinson College during tho 1QQ::l_Q4 academic year, incLUding tuition, room and board, books and supplies as herein statea (hereinafter the "Goods and Services"). The Goods and Services shall include only tuition, room and board, II. TERMS OF PAYMENT AND PAYMENT SCHEDULE Disclosures Required by Federal Law ANNUAL PERCENTAGE FINANCE CHARGE: AMOUNT FINANCED: TOTAL OF PAYMENTS: TOTAL SALE RATE:" Dollar amount Amount of credit Amount paid by PRICE: Cost of credit as credit will prov ided by Buyer as total of Total cost of yearly rate cost Buyer Dickinson College all scheduled purchase on payments credit, in- cluding down payment of $ 21,590.00 7.00 , $ 451. 12 $ 1,000.00 $ 1,451.12 $ 22,590.00 Rev 2/92 . Number of Payments 136 'Variable Rate: Late Charge: Prepayment: ':. \':" r Buyer's payment schedule will be as follows: Amount of Payments When Paymento are Due $10.67 Monthly commencing 1/28/94 until 5/?A/05 The ANNUAL PERCENTAGE RATE dioclooed above is a variable rate and may change. The ANNUAL PERCENTAGE RATE may increase during the 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 increaoes, 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 effectiVe on July 1 following the increase, if any, in the prime rate of interest. Any increase will be in the form of higher payment amounts. If your coet of the Goods and Services eold hereunder were $ 1,000.00 at 7 00 \ per annum for 136-- months, and the prime rate plue 1\ were increased to 8'RO '. your regular monthly payments would increase to $ 11 ?~ . Furt er. the ANNUAL PERCENTAGE RATE will not increaee to more t an la% or euch other rate as may be permitted under the Pennsylvania Goods and Services Installment Sales Act. If 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, 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, AND REQUIRED REPAYMENT BEFORE THE SCHEDULED DATE FOR REPAYMENT OF THE AMOUNT FINANCED. III. ITEMIZATION OF AMOUNT FINANCED 1, Cash price of Goods and Services: $ 22,590.00 2, Total down payment: 21,590.00 3. Unpaid balance of cash price (1 - 2): 1,000.00 4. Amount paid to others on Buyer's behalf: 0 5. Amount Financed (3 + 4): $ 1,000.00 . , ( Credit life innurance for the term of thin Contract in not required. IV. CREDIT INSURANCE ( V. NO WARRANTIES THERE ARE NO WARRANTIES, EITHER EXPRESSED OR IMPLIED, GIVEN BY SELLER IN CONNECTION WITH SALE OF THE GOODS AND SERVICES COVERED BY THIS CONTRACT UNLESS BUYER HAS BEEN GIVEN A SEPARATE WRITTEN WARRANTY, 1. Buyer agrees to pay Seller the Total Sale Price by making the total down paymsne and paying Seller the Total of Payments in the number and amount of monthly payments shOwn in the Payment Schedule. Payments are due on or before the Barna date of each month as the first payment date. Payments must be made to First Wachovia, Inc. at the following address, First Wachovia, Inc. P.O. Box 70095 Charlotte, NC 2B272-0095 2. Buyer's legal rights include the right to pay all or part of the amountR due on this Contract in advancs 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 coneent) to reinstate the Contract if Buyer timely cures any default. VI. ADDITIONAL PROVISIONS 3. Buyer shall be deemed to have committed an "Event of Default" of the Contract Upon the occurrence of any of 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 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 Buyer 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 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 and of Buyer's right to cure the default. The notice will provide the time, amount and performance 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 sums due on the Contract to be immediately due and payable. The Buyer agrees to pay all attorney's fees and other reasor.able 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 if 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 assignment Buyer shall be obligated to the ASsignee of this Contract, which Assignee shall have all of Seller's right 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 this Contract, which shall otherwise remain fully effective. 8. APPLICABLE LAW, 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 c' ( ~. DICKINSON COLLEGE FLEXIBLE FINANCING SYSTEM _ PLAN B EDUCATIONAL GOODS AND SERVICES RETAIL INSTALLMENT CONTRACT November 21, 1994 I. Seller: Dickinson College, Carlisle, Pennsylvania 17013-2896 Joseph A. & Maxine H. Bendock RR# 1 Box 204A Wyalusing, PA 18853 Rev 2/92 Buyer(s) : If there is more than one Buyer, each of you will be obligated, jOintlY,and eeverally, for all sums due and for the performance of all agreements as 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 and services to be provided and rendered, as the case may be, to Joseph A. Bendock III (hereinafter "Student") during hiS/her enrollment at Dickinson College during the 1994-1995 academic year, including tuition, room and board, books and supplies as herein stated (hereinafter the "Goods and Services"). The Goods and Services shall include only tuition, rOOm and board. - II. TERMS OF PAYMENT AND PAYMENT SCHEDULE Disclosures Required by Federal Law ANNUAL PERCENTAGE FINANCE CHARGE: AMOUNT FINANCED: TOTAL OF TOTAL SALE P RATE: * Dollar amount Amount of credit PAYMENTS: PRICE: Cost of credit as credit will provided by. Amount paid by Total cost of yearly rate cost buyer Dickinson College Buyer as total of purchase on all scheduled credit, including payments down payment of $ 15,700.00 8.25 % $ 4,020.55 $ 8,000.00 $ 12,020.55 $ 23,700,00 Number of Payments 127 *Variable Rate: Late Charge: Prepayment: (, ( Buyer's payment schedule will be as follows: Amount of Payments When Payments are Due $ 94.65 Monthly commencing 10/28/94 until OS/28/05 The ANNUAL PERCENTAGE RATE disclosed above is a variable rate and may change The ANNUAL PERCENTAGE RATE may increase during the 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 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 effective on July 1 following the increase, if any, in the prime rate of intereet. Any increase will be in the form of higher payment amounts. If your cost of the Goods and Services sold hereunder were $8,000.00 at 8.25\ per annum for 127 months, and the prime rate plus 1\ were increased to 9.25\ your regular monthly payments would increase to $99.00. Further, the ANNUAL PERCENTAGE RATE will not increase to more than 18\ or such other rate as may be permitted under the Pennsylvania Goods and Services Installment Sales Act If 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. 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 8ELOW FOR ANY ADDITIONAL INFORMATION ABOUT NON-PAYMENT, AND REQUIRED REPAYMENT BEFORE THE SCHEDULED DATE FOR REPAYMENT OF THE AMOUNT FINANCED. III. ITEMIZATION OF AMOUNT FINANCED l. Cash price of Goods and Services: $ 23,700.1 2. Total down payment: 15,700.' 3. Unpaid balance of cash pr ice (1 - 2): 8,000. 4. Amount paid to others on Buyer's behalf: 5. Amount Financed (3 + 4): S 8,000. 2 c ( 9. CONSENT TO JURISDICTION, VENUE AND SERVICE: The parties to this Agreement consent and agree that all legal procsedings relating to the subject matter hereof shall be maintained in the Court of Common Pleas of Cumberland County, pennsylvania, or, if applicable, the United States District Court of the Middle District of pennsylvania, and all parties hereto consent and agree that jurisdiction and venue for such proceedings shall lie sxclusively 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 sst forth above. 10. This Contract shall be binding upon the parties hereto, their heirs, successors, assigns and legal representatives. 11. 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 GOODS OR SERVICES OBTAINED PURSUANT HERETO OR WITH THE PROCEEDS HEREOF. RECOVERY HEREUNDER BY THE DEBTOR SHALL NOT EXCEED AMOUNTS 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 THE FULL AMOUNT DUE AND UNDER CERTAIN CONDITIONS TO OBTAIN A PARTIAL REFUND OF THE FINANCE CHARGE. A COMPLETED COPY OF THIS CONTRACT AND INTEND(S) BUYER(S) : I AGREE TO REPAY ALL AMOUNTS DUE ON THIS TO DO SO IN ACCORDANCE WIT~ THE TERMS OF. BORROWER(S)/BUYER(S) FAILS STUDENT COSIGNER CRIPT OF A STUDENT'S RECORD WILL NOT BE RELEASED I LOAN PAYMENTS TO THE COLLEGE ARE IN ARREARS OR DEFAULT. DATE: DICKINSON COLLEGE /t.7,..'L-('7{ t~~~ BY 4 Number of Payments 116 *Variable Ratel (: (" Buyer's payment schedule will be as follows: Amount of Payments When Payments are Due Monthly commencing 09/28/95 until OS/28/05 $ 94.37 The ANNUAL PERCENTAGE RATE disclosed above is a variable rate and may change The ANNUAL PERCENTAGE RATE may increase during the term of this tr&nsaction i: the prime rate of interest announced in the Wall Street Journal as of the clos, of busines8 on June 30 of each calendar year increases, and will be increase, to the prime rate plus 1%. The ANNUAL PERCENTAGE RATE will not increase mo~ than once a year, and the new interest rate will bscome effective on July: following the increase, if any, in the prime rate of interest. Any increas. will be in the form of higher payment amounts. If your cost of the Goods an, Services sold hersunder were $7,000.00 at 10.00% per annum for 116 months an. ths prime rate plus 1% were increased to 11.00\, your regular monthly payment: , would increase to $98.26. Further, the ANNUAL PERCENTAGE RATE will not increas.' to more than 18% or such other rate as may be permitted under the PennsylvanL Goods and Services Installment Sales Act. If a payment is more than lS days late, a sum equivalent to 5% of the lab payment (but no more than $2.50 and not less than $1.00) may be charged. Buyer may prepay the unpaid balance of the Amount Financed and any FINANe: CHARGE due through the date of early payment, in full or in art. withou. penalty. SEE SECTION VI OF THE CONTRACT BELOW FOR ANY ADDITIONAL INFORMATION ABOUT NON-PAYMENT, REQUIRED REPAYMENT BEFORE THE SCHEDULED DATE FOR REPAYMENT OF THE AMOUNT FINANCED. Late Charge: Prepayment: III. ITEMIZATION OF AMOUNT FINANCED I 1. Cash price of Goods and Services: $ 24,870.01! i 2. Total down payment: J.7,870.0,1 Unpaid I 3. balance of cash price (1 - 2), 7.000.01' 4. Amount paid to others on Buyer's behalf: - 0 ' 5. Amount Financed (3 + 4): $ , (. IV. CREDIT INSURANCE r Credit life insurance for the term of this Contract is not required. V. NO WARRANTIES THERE ARB NO WARRANTIES, EITHER EXPRESSED OR IMPLIED, GIVEN BY SELLER IN CONNECTIOR WITH SALE OF THE GOODS AND SERVICES COVERED BY THIS CONTRACT 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 Seller the Total of Payments in the number and 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 Eduserv TechnOlogies, Inc. at the following addressl Edus.rv TechnOlogies, Inc. P.O. Box 64974 St. Paul, MN 55164-0974 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 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. Buyer shall be deemed to have committed an "Event of Default" of the Contract upon the occurrence of any of 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 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 Buyer 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 Buyer with notice, by certified mail as required by law, addreesed to Buyer'S last known address as shown on Seller's records, advising Buyer of the default and of Buyer's right to cure the default. The notice will provide the time, amount and performance necessary to cure the default. If Buyer does not cure the default &s 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 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 if 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 assignment Buyer shall be obligated to the Assignee of this Contract, which Assignee shall have all of Seller's right 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 this Contract, which sha3-l otherwise remain fully effective. 8. APPLICABLE LAW: This Agreement, whenever called upon to be construed, shall be governed by the domestic internal laws of the Commonwealth of Pennsylvania axcept to the extent supplemented, superseded or preempted by federal law. 3 f. (- CONSENT TO JURISDICTION. VENUE AND SERVICE. The parties to this Agreement consent and agree that all legal proceedings relating to the eubject matter hereof ehall be maintained in the Court of Common Pleas of Cumberland County. pennsylvania, or, if applicable, the United states Dietrict Court of the Middle District of pennsylvania, and all partiee hereto consent and agree that juri.diction and venue for euch proceedings shall lie exclusively within said court. Service of process in any such proceeding may be made by certified mail, return receipt requestsd, directed to the respective party at the addre.. 8et forth above. 10. This contract shall be binding upon the parties hereto, their heirs, successor., a..igne and legal representatives. . 9. . 11. TIME IS OF THE ESSENCE 01." THIS CONTRACT. NOTICE I ANY HOLDER 01." THIS CONSUMER CREDIT CONTRACT IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH THE DEBTOR COULD ASSERT AGAINST THE SELLER 01." GOODS OR SERVICES OBTAINED PURSUANT HERETO OR WITH THE PROCEEDS HEREOF. RECOVERY HEREUNDER BY THE DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR HEREUNDER. NOTICE TO BUYER I (1) DO NOT SIGN THIS AGREEMENT BEFORE YOU READ IT OR II." IT CONTAINS ANY BLANK SPAC!. (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 THE FULL AMOUNT DUE AND, UNDER CERTAIN CONDITIONS TO OBTAIN A PARTIAL REFUND OF THE FINANCE CHARGE. COPY OF THIS CONTRACT AND INTEND(S) BUYER(S) : I AGREE TO REPAY ALL AMOtnlTS DUE ON TillS LOAN IF THE BORROWER(S)/BUYER(S) FAILS TO DO SO IN ACCORDANCE WI STUDENT COSIGNER CRIPT OF A STUDENT'S RECORD WILL NOT BE p....,">>.8ED r LOlIH PAYNEIl'J:S TO TBE COLLEGE ARE IN ARREARS OR DEI."AULT. DATE: DICKINSON COLLEGE ~- N~ '7') cSJn ~T "'- BY 4 ... ~ ~'l , '. 1 .._~, ',._,~' __, .,..._~"...._..a Three Thousand Dollars ($3,000.00) with interest at the initial rate of seven and one half percent (7.5%) per annum, in one hundred fifty three (153) equal monthly installment of Thirty Dollars and Fifty-one Cents ($30,51) commencing on September 28, 1992. 12. Under the tenns of the Second Contract, Parents, as "Buyer(s)" agreed to pay Dickinson Two Thousand Five Hundred Dollars ($2,500,OO) with interest at the initial rate of seven and one half percent (7.5%) per annum, in one hundred forty eight (148) equal monthly installments of Twenty Five Dollars and Ninety-four Cents ($25,94) commencing on February 28,1993. 13. Under the terms of the Third Contract, Parents, as "Buyer(s)" agreed to pay Dickinson Four Thousand Five Hundred Dollars ($4,500,00) with interest at the initial rate of seven percent (7.0%) per annum, in one hundred forty (140) equal monthly installments of Forty Seven Dollars and Twelve Cents ($47.12) commencing on September 28, 1993, 14. Under the terms of the Fourth Contract, Parents, as "Buyer(s)" agreed to pay Dickinson One Thousand Dollars ($1,000.00) with interest at the initial rate of seven percent (7.0%) per annum, in one hundred thirty six (136) equal monthly installments ofTen Dollars and Sixty-seven Cents ($10,61) commencing on January 28, 1994, 15. Under the terms of the Fifth Contract, Parents, as "Buyer(s)" agreed to pay Dickinson Eight Thousand Dollars ($8,000,00) with interest at the initial rate of eight point twenty five percent (8,25%) per annum, in one hundred twenty seven (127) equal monthly installments of Ninety Four Dollars and Sixty-five Cents ($94,65) commencing on October 28, 1994. 16. Under the terms of the Sixth Contract, Parents, as "Buyer(s)" agreed to pay Dickinson ..,. .' J ~ . Seven Thousand Dollars ($7.000,00) with interest at the initial rate often percent (10.0%) per annum, in one hundred sixteen (116) equal monthly installments of Ninety Four Dollars and Thirty-seven Cents ($94.37) commencing on September 28. 1995. 17. Section II of the Contract(s) provides that "If 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." 18. Section VI. Paragraph 3(a) of the Contract(s) provides that "Buyer shall be deemed to have committed an 'Event of Default' of the Contracts upon the occurrence of any of the following: (a) failure to make any payment on or before the date it is due...... 19. Section VI. Paragraph 4 of the Contract(s) provides that if an Event of Default ofthe contract occurs, and is not cured by the Buyer pursuant to the Notice of Default, Dickinson has 'the right to declare all sums due on the contract to be immediately due and payable." 20, Parents have defaulted on the Contract(s) by failing to make the required monthly payments on the Contract(s) due and owing to Dickinson since September 12,1996 on the First through Fifth Contracts and September 9. 1996 on the Sixth Contract. 21. Notices were forwarded to Parents informing them of their default and right to cure such default. 22. Parents have failed to cure such defaults, 23, Therefore Dickinson has exercised its right to declare all sums due on the Contract(s) to be immediately due and payable, 24, The total amount which has become immediately due and payable to Dickinson by Parents pursuant to the Contract(s) is Twenty Six Thousand Three Hundred Thirty Dollars and Three .' ,:. \':.' ; (" " . , , . DIO<INSON eoll..El3i:: FLEXIBLE FIl'lANCING SYSTEM - 7000 PLAN EIXJClITIONAL GOOD3 AND SERVICES RErAIL INSTAllMENT COmRAcr Date September 11, 1992 I. Seller: Dickinson College. Carlisle. Pennsylvania 17013 :fuyer(s) : ' Joseph A. and Maxine Bendock, Jr. R.R. #1, Box 204A Wyalu5ing, PA 18853 If there is more than one :fuyer, each of you will be obligated, jointly.m:1 severally for all sums due and for the performance of all agreements as provided in this Contract. Under the terms of this Educational Goods and Services Retai I Installment Contract. YOll have agreed. to pay the expenses incurred for goods and services to be provided. an:i rendered. as the case may be. to Joseph Bendock , III (hereinafter "Student") durirg his!her enrollment at Dickinson College durirg the 1992-93 academic year. includin;r tuition. room and. board. books and supplies as herein stated. (hereinafter the "Goods and. Services") . The Goods and Services shall include only tuition. room and board. II. TERMS OF PAYMENT AND PAYMENT SCHIDJLE Disclosures Required by Federal Law ANNUAL PERCENTAGE FINANCE CHARGE: AMOlMI' FINANCED: TOTAL OF PAYMEN1'S: TOTAL SALE. RATE: * ~llar amount Amount of credit Amount paid by PRICE: Cost of credi t as credi t wi 11 provided by Buyer as total of Total cost ot yearly rate cost Buyer Dickinson College all scheduled purchase on payments cred.i t, in- cluding down payment of $18,360.00 7.50 % $1,668.25 $ 3,000.00 :Ii 4,668.25 $21.360.00 Rev 9/89 The ANNUAL PERCERTAGE RATE disclosed above is a variable rate and mar change. The ANNUAL PERCENTAGE RATE may increase during the term of this transaction if the prime rate of Lnterest announced in the Wall street Journal as of-the close of busineso 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 oncs a year, and the new interest rate will become effective on July 1 following the increase, if any, in the prime rate of Lnterest. Any increase will be in the form of higher payment amounts. If your cost of the GOode and Services sold hereunder were $ 3,000.00 at7.50 , per annum for 153 months, and the prime rate plus l' were increased to 8.50 '. your regular monthly payments would increaoe to $ 3?17 . Further, the ANNUAL PERCENTAGE RATE will not increaoe to more tnan 18' or suc~ other rate as may be permitted under the Pennsylvania Goods and Services Installment Sales Act. If a payment is more than 15 days late, a sum equivalent to 5' of tlla late payment (but no more than $2.50 and not less than $1.001 may he charged. 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-P~, DEFnD AND REQUIRED !\EPAlCHENT BEFORE THE SCHEDULED DATE FOR REPAYMENT OF THE AMOUNT FINANCED. ... , . NUmber of Payments 153 -Variable Rate. Late Charge: Prepayment: c ( .., .. Buyer's payment schedule will be as follows I Amount of Payments When Payments are Due $30.51 ~~~i~lY comgj~B}8s . 9/28/92 In. ITEMIZATION OF AMOUNT FINANCED 1. Cash price of Goode and Services: $ 21,360.00 2. Total down payment: 18,360.00 J. Unpaid balance of caeh price (1 - 2): 3,000.00 4. Amount paid to others on Buyer's behalf: 0 5. Amount Financed (3 + 4)1 $ 3,000.00 \ r ( IV. CREDIT I~SURANCE 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 WITH SALE or THE GOODS AND SERVICES COVERED BY THIS CONTRACT UNLESS BUYER HAS BEEN GJ:VEH A SEPARATE WRITTEN WARRANTY. VI. ADDITIONAL PROVISIONS 1. Buyer agrees to pay Seller the Total Sale Price by making the total down payme~ and paying Seller the Total of paymente in the number and amount of monthly paymente shown in the Payment Schedule. Payments are due on or before the aama date of each month 'as the first payment date. Payments must be made to First 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 m1 this contract in advance of their due datee, 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. Buyer shall be deemed to have committed an "Event of Default" of the Contrace upon the occurrence of any of 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 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 Buyer 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 Buyer with notice, by certified mail a9 required by law, addressed to Buyer's last known address as shown on Seller's records, advising Buyer of the default and of Buyer's right to cure the default. The notice will provide the time, amount and performance 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 alJ. sums due on the Contract to be immediately due and payable. The Buyer 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 if 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 receLvinq notice of the assignment Buyer shall be obligated to the Assignee of this Contract, which Assignee shall have all of Seller's right 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 this Contract, which sh&lL otherwise remain fully effective. 8. APPLICABLE LAW: This Agreement, whenever called upon to be construed, shall be governed by the domestic internal laws of the Commonwealth of pennsylvania exca~t to the extent supplemented, superseded or preempted by federal law. ~ . . \ . (. ( . . CONSENT TO JURISDICTION. viNUE AND SERVICEI the parties to this Agreement con.ent and agree that all leqal procoedingD relating to tho subject matter hsreof shall be maintained in the Court of Common PleaD of Cumberland county. Pennsylvania, or, if applicable, tho United StateD Dietrict Court of the Kiddl. District of Penneylvania, and all parties hereto conDsnt and agree that jurisdiction and venue for such proceedings shall lie excluaivaly within said court. Service of proce8s in any euch proceeding may be made by certified maLl, return recsipt requssted, directed to the respectivo party at the addres. aat forth above. 10. This Contract shall be binding upon the parties hereto, their heirs. successors, assigns and legal representatives. 9. 11. TIME IS OF THE ESSENCE OF THIS CONtRACT. NOTICE I 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 OB~INEa PURSUANT /fERETO OR WITH THE PROCEEDS HEREOF. RECOVERY HEREUNDER BY THE DEBTOR SHALr. NOT EXCEED AMOUNTS PAID BY THE DEBTOR HEREUNDER. NOTICE TO BUYER I (1) DO NOT SIGN THIS AGREEMENT BEFORE YOU READ IT OR IF IT COl'lTA.Imr ANY BLANlt 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 THE 1l'ULI. AMOUNT DUE AND UNDER CERTAIN CONDITIONS TO OBTAIN A PARTIAL REFUND OF THE FINI\HCE. CHARGE. BUYER(S) ACKNOWLEDGE(S) RECEIVING A COI~PLETED COpy OF THIS. ONTRACT AND DI'rEIID(S} TO BE LEGALLY BO ITS ERMS. BUYER(S) : I AGREE TO REPAY ALL AMOUNTS DUE ON THIS LOAN IF THE BORROWER(S)/BUYER(S) FAD:.S TO DO SO IN ACCORDANCE WI H THE TERMS OF THE NOTE: STUDENT COSIGNER SCRIPT OF A S=EN'r' S RECORD WILL NOT BE 1'"",,""""" F LOAN PAYMEN'rS 'rO THE COLLEGE ARE IN ARREARS OR. DEFAULT. DATE: DICKINSON COLLEGE 9-/1-9'- ~~ BY . . . ( . ( AUG t 3 is. ~/TI"ill z.. '. .' . - ---.-"..- ....... ..-..~._._-.-_...._.-_.~..__.. -.-..-...----..-----.-- .. ___......___,:i0~_~_..~._~td:..~_~- L_, ,_..___.U'O_~,~l"'r~~-,_.,~,-.~-JD-a ~ '. 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( 1:': ". . ' DICXINSON COLLEGE FLEXIBLE FINANCING SYSTEM - PLAN B EDUCATIONAL GOODS AND SERVICES' RETAIL INSTALLMENT CONTRACT , . Date February 11, 1993 I. Seller. Dickineon College, Carlisle, Pennsylvania 17013-2896 Joseph A. and Maxine H. Bendock R.R. #1, Box 204A WyalusinQ. PA 18853 Buyer(s) I If there is more than one Buyer, each of you will be obligated, jointly and asverally. for all sums due and for the performance of all Agreements as provided in thie Contract. Under ths terms of this Educational Goods and Services Retail Installment Contract, you have agreed to pay the expenses incurred for goods and services to be provided and rendered, as the case may be, to Joseph Bendock. III (hereinafter "Student") during hiS/her enrollment at Dickinson College during the 1qq?_q~ academic year, incLuding tuition, room and board, books and supplies as herein state~ (hereinafter the "Goods and Services"). The Goods and Servicee shall include only tuition, room And board. II. TERMS OF PAYMENT AND PAYMENT SCHEDULE Disclosures Required by Federal Law ANNUAL PERCENTAGE FINANCE CHARGE: AMOUNT FINANCED: TOTAL OF PAYMENTS: TOTAL SALE RATE: * Dollar amount Amount of credit Amount paid by PRICE: Cost of credit as credit will provided by Buyer as total of Total cost of yearly rate cost Buyer Dickinson College all scheduled purchase on payments credit, in- cluding down payment of $ 18.860.00 7.50 % $ 1.339.12 5 2,500.00 53,839.12 $ 21.360.00 Rev 2/9% \ Number of Payments 148 *Variable Ratel Late Charge: r , r Buyer's payment schedule will be as follows. Amount of Paymonts When Payments are Due $25.94 Monthly commencing until 5/28/05 2/28/93 The ANNUAL PERCENTAGE RATE disclosed above is a variable rate an~ ~ change. The ANNUAL PERCENTAGE RATE may increase during the term of this transaction if the prime rate of interest announced in the Wall Street Journal as of the close of businees on June 30 of each calendar ysar 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 effective on July 1 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 Sorvices sold hereunder were $ ?,5~0_00 at 7 50 'per annum for 148 months, and the prime rate p us 1% were increased to ~'r your-r&gUlar monthly payments would increase to $27.32 . IU~ the ANNUAL PERCENTAGE RATE will not increase to mOre than 18' or such other rate as may be permitted under the Pennsylvania Goods and Se~icas Inetallment Sales Act. If a payment is more than lS days late, a sum equivalent to S' of the late payment (but no more than $2.50 and not lesa than $1.00) may ba charged. Buyer may prepay the unpaid balance of the Amount Financed and any FINANCE CHARGE due through the date of early payment, in full or ia part, without penalty. SEE SECTION VI OF THE CONTRACT BELOW FOR ANY ADDITIONAL INFORMATION ABOUT NON-PA~, AND REQUIRED REPAYMENT BEFORE THE SCHEDULED DATE FOR REPAYMENT OF THE AMOUNT FINANCED. Prepayment I III. ITEMIZATION OF AMOUNT FINANCED 1. Cash price of Goods and Services: $ 21,360.00 2. Total down payment: 1R R~n no - 3. Unpaid balance of cash price (1 - 2): 2.500.00 4. Amount paid to others on Buyer's behalf: 0 5. Amount Financed (3 + 4): $ 2,500.00 ( ~. ~'" , IV, CREDIT IN~URANCE Credit life insurance for tho term of this Contract is not required. V, NO WARRANTIES THERE ARE NO WARRANTIES, EITHER EXPRESSED OR IMPLIED, GIVEN BY SELLER IN CONNECTION WITH SALE OF THE GOODS AND SERVICES COVERED BY THIS CONTRACT UNLESS BUYER HAS BEEN a~ A SEPARATE WRITTEN WARRANTY. VI. ADDITIONAL PROVISIONS 1. Buyer agrees to pay Seller the Total Sale Price by making the total down paym8n~ and paying Saller the Total of payments in the number and 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 Wire~ 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 an 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 (~ith Seller's consent) to reinstate the Contract if Buyer timely cures any default. 3. Buyer shall be deemed to havs committed an "Event of Default" of the contract upon the occurrence of any of 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 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 Buyer 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 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 and of Buyer's right to cure the default. The notice will provide the time, amount and performance 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 declara all sums due on the Contract to be immediately due and payable. The Buyer agrees to pay all attorney's fees and other reasonable collection costs and chargee 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 if 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 ie freely assignable by Seller. Buyer agrees that upon receiv~ notice of the assignment Buyer shall be obligated to the Assignee of thia Contract, which Assignee shall have all of Seller's right and remedies. 7. If any part of this contract is held to be illegal, void or unenforceable. ~hat provision shall be deemed not to have been a part of this Contract, whicn .hAlL otherwise remain fully effective. 8. ~PLICABLE LAW: This Agreement, whenever called upon to be construed, Bhal~ be governed by the domestic internal laws of the Commonwealth of Pennsylvania except to the extent supplemented, superseded or preempted by federal law. c- ,r 9. CONSENT TO JURISDICTION. VENUE AND SERVICE, ~he parties to this Agreement consent and agree that all legal proceedings relating to the subject matter hereof shall be maintained in the Court of Conunon Pleas of Cumberland County, Pennsylvania, or, if applicable, the United States District Court of the KiddIe District of Pennsylvania, and all parties hereto consent and aqree that jurisdiction and venue for Duch proceedings ohall lie exclusively within .aid court. Service of process in any Buch proceeding may be made by certified mail. return rsceipt requested, directed to the respective party at the address .et forth above. 10. This Contract shall be binding upon the parties hereto, their heirs, successors. aeeigns and legal representatives. 11. TIME IS OF THE ESSENCE OF THIS CONTRACT. NOTICE I ANY HOLDER OF THIS CONSUMER CREDIT CONTRACT IS SUBJECT TO ALL CLAIKS AND DEFENSES WHICH THE DEBTOR COULD ASSERT AGAINST THE SELLER OF GOODS OR SERVICES OaTAImlD PURSUANt' HERETO OR WITH THE PROCEEDS HEREOF. RECOVERY HEREUNDER BY THE DEBTOR SRALI. NOT EXCEED AMOUNTS PAID BY THE DEBTOR HEREUNDER. NOTICE TO BUYER: (1) DO NOT SIGN THIS AGREEMENT BEFORE YOU READ IT OR IF It' CON'rAmS 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 THE FULL AMOUNT DUE AND UNDER CERTAIN CONDITIONS TO OBTAIN A PARTIAL REFUND OF THE IrIHAHCE: CHARGE. BUYER(S) ACKNOWLEDGE(S) RECEIVING A COMPLETED COPY OF THIS CONTRACT AND III'rEllD(S) TO BE LEGALLY BOUI~~ BY ..ITY-:~RMS' _ ~~/ BuYER(S): "'~,'~~~ / U~ ~ , ~-;;:-b I AGREE TO REPAY ALL AMOUNTS DUE ON THIS LOAN IF THE BORROWER(S) fBUYER(S) FAILS TO DO SO IN ACCORDANCE WI H THE TERMS OF THE NOTE: STUDENT COSIGNER CRIPT OF A S~ENT' S RECORD WILL NOT BE RELEASEIl , F LOAH PAYMENTS TO THE COLLEGE ARE IN ARREARS OR. EFAULT. DATE, DICKINSON COLLEGE "2- -{l-Cj3 BY ~~7e- ~, \:..... (f: , DIC~INSON COLLEGE FLEXIBLE 'FINANCING SYSTEM _ PLAN B EDOCATIONAL GOODS AND SERVICES RETAIL INSTALLMENT CONTRACr . DAt~ August 4, 1993 I. Seller. Dickin80n College, Carlisle, Pennsylvania 17013-2896 Joseph A. and Maxine H. Bendock, Jr. RR #1, Box 204A WyalusinQ, PA 18853 Buyer(s)I If there is more than one Buyer, each of you will be obligated, jointly and severaLty, for all Bums due and for the performance of all agreements as provided in this Contract. Under the terms of this Educational Goode and Services Retail Installment Contract, you have agreed to pay the expenses incu~ed fo~ good, and servicee to be provided and rendered, as the Case may be, to uOSeph uendOCK, III (hereinafter .Student") during hiS/her enro lment at D ck nson Co lege ur ng t e academic year, including tUition, room and board, bOoks and supplies as herein etate (hereinafter the "Goods and Services"). The Goode and Services shall include only tuition, room and board. II. TERMS OF PAYMENT AND PAYMENT SCHEDULE Disclosures Required by Federal Law ANNUAL PERCENTAGE FINANCE CHARGE: AMOUNT FINANCED: TOTAL OF PAYMENTS: TOTAL SALE RATE: * Dollar amount Amount of credit Amount paid by PRICE~ Cost of credit as credit will provided by Buyer as total of Total cost of yearly rate cost Buyer Dickinson College all scheduled purchase on payments credit, in- cluding down payment of $ 17,090.00 7.00 , $ 2,096.80 $ 4,500.00 $ 6,596.80 $ 22,590.00 Rev 2/92 " Number of paymsnts 140 *Variable Ratel Late charge: Prepayment: f c . . . Buyer's payment schedule will be as follows: Amount of paymente When Payments are Due $47. 12 Monthly commencing 9/28/93 until ~/?Rln~ , The ANNUAL PERCENTAGE RATE disclosed above is a variable rate and may change. The ANNUAL PERCENTAGE RATE may increase during the term of this transaction if the prims rate of interest announced in the Wall Street Journal as of the close 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 effective on July 1 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 $4.500.00 at 7.0 , per annum for 140 months, and the prime rate plus l' were increased to 8.0 'r your regular monthly payments would increase to $ 4Q ~~ . Further. the ANNUAL PERCENTAGE RATE will not increase to more t an 18\ Or such other rate as may be permitted under the Pennsylvania Goods and Services Installment Sales Act. If a payment is more than 15 days late, a sum equivalent to 5' of the late payment (but no more than 52.50 and not less than $1.00) may be charged. Buyer may prepay the unpaid balance of the Amount Financed and any FINANCE CHARGE due through the date of early payment, in full or La part, without penalty. . SEE SECTION VI OF THE CONTRACT BELOW FOR ANY ADDITIONAL INFORMATION ABOUT NON-PAYMENT. AND REQUIRED REPAYMENT BEFORE THE SCHEDULED DATE FOR REPAYMENT OF THE AMOUNT FINANCED. III, ITEMIZATION OF AMOUNT FINANCED 1. Cash price of Goods and S~rviceB: $ 22.590.00 2. Total down payment: 17,090.00 3. Unpaid balance of cash price (1 - 2): 4,500.00 4. Amount paid to others on Buyer's behalf: 0 5. Amount Financed (3 + 4): $ 4,500.00 r \'.. , IV. ( CREDIT I~SURANCE . 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 WITH SALE OF THE GOODS AND SERVICES COVERED BY THIS CONTRACT UNLESS BUYER HAS BEEN a~VEN A SEPARATE WRITTEN WARRANTY. VI. ADDITIONAL PROVISIONS 1. Buyer agrses to pay Seller the Total Sale Price by making the total down paymenc and paying Seller the Total of Payments in the number and 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 FLcst 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 oe 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. Buyer shall be deemed to have committed an "Event of Default" of the Contrace upon the occurrence of any of 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 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 Buyer 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 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 and of Buyer's right to cure the default. The notice will provide the time, amount and performance necessary to cure the default. If Buyer doee not cure the default aB 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 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 if 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 assignment Buyer ~hall be obligated to the Assignee of this Contract, which Assignee shall have all of Seller's right 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 this Contract, which shalL otherwise remain fully effective. 8. APPLICABLE LAW: This Agreement, whenever called upon to be construed, shall be governed by the domestic internal laws of the Commonwealth of Pennsylvania exce~ to the extent supplemented, superseded or preempted by federal law. 3 ~\, .. , c. ~, ';~"" DICKINSON COLLE~E FLEXIBLE FINANCING SYSTEM - PLAN B EDUCATIONAL GOODS AND SERVICES RETAIL INSTALLMENT CONTRAC~ .' . ' Date January 11, 1994 I. Seller: Dickinson College, Carlisle, Pennsylvania 17013-2896 Joseph A. Bendock. Jr. and Maxine H. Bendock RR #1, Box 204A Wyalusing PA 18853 Buyer(s) : If there is more than one Buyer, each of you will be obligated, jointly and severally, for all sums due an~ for the performance of all agreements as provided in this Contract. Under the terme of thie Educational Goods and Services Retail Installment Contract. you have agreed to pay the expenses incurred for goods and services to be provided and rendered, as the case may be, to Jos~h Bendnck. t1 (hereinafter 'Student") during hiS/her enrollment at Dickinson College during the 1qq~_q4 academic year, including tuition, room and board, books and supplies as herein state~ (hereinafter the "Goo~s and Services"). The Goods and Services shall include only tuition, room and board. II. TERMS OF PAYMENT AND PAYMENT SCHEDULE Disclosures Required by Federal Law ANNUAL PERCENTAGE FINANCE CHARGE: AMOUNT FINANCED: TOTAL OF PAYMENTS: TOTAL SALE RATE:. Dollar amount Amount of credit Amount paid by PRICE: Cost of credit as credit will provided by Buyer as total of Total cost of: year ly rate cost Buyer Dickinson College all scheduled purchase on payments credit, in- cluding down payment of $ 21,590.00 7.00 , $ 451. 12 $ 1,000.00 $ 1,451.12 $ 22,590.00 Rev 2/92 . , c ( 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 CONNECTrO~ WITH SALE OF THE GOODS AND SERVICES COVERED BY THIS CONTRACT UNLESS BUYER HAS BEEN G~ A SEPARATE WRITTEN WARRANTY. VI, ADDITIONAL PROVISIONS 1. Buyer agrees to pay Seller the Total Sale Price by making the totaJ. down payment and paying Seller the Total of Payments in the number and 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 First 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 O~ 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. Buyer shall be deemed to have committed an "Event of Default" of the COntract upon the occurrence of any of 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 outstanding with SeJ.Ler. (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 Buyer 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 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 and of Buyer's right to cure the default. The notice will provide the time, amount and performance necessary to cure the default. If Buyer does not cure the default AB 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 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 if 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 receivinq notice of the assignment Buyer shall be obligated to the Assignee of this Contract, which Assignee shall have all of Seller's right 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 this Contract, which shaLL otherwise remain fully effective. 8. APPLICABLE LAW: 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. '~' ( ( " CONSENT TO JURISDICTtON. '~NUE AND SERVICE:' ~he parties to this Agreemont consent and agree that all logal proceedings relating to the subject matter hereof shall be maintained in the Court of Common Pleas of Cumberland County. pennsylvania, or, if applicable, the United Statos Dietrict Court of the Middla 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 maLL, return receipt requested, directed to the respective party at the address aet forth above. 10. This Contract shall be binding upon the parties hereto, their heirs, succeDBOrs, assigns and legal representatives. ,9. 11. TIME IS OF THE ESSENCE OF THIS CONTRACT. NOTICEr 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 THE DEBTOR. SHALL. NOT EXCEED AMOUNTS PAID BY THE DEBTOR HEREUNDER. NOTICE TO BUYER: (1) DO NOT SIGN THIS AGREEMENT BEFORE YOU READ IT OR IF IT CONTlU:lll'S 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 THE Il'ULr. AMOUNT DUE AND UNDER CERTAIN CONDITIONS TO OBTAIN A PARTIAL REFUND OF TME Il'INANC& CHARGE. BUYER(S) ACKNOWLEDGE(S) RECEIVING A COMPLET TO BE LEGALLY BOUND BY ITS TE S. BUYER(S) I COPY OF THIS CONTRACT AND ~(SJ STUDENT COSIGNER BORROWER(S) /BUYER(S) i'AIr.S I AGREE TO REPAY ALL AMOUN TO DO SO IN ACCORDANCE w' CRIPT OF A STUD~' S RECORD WILL NO'll BE RELEASED LOAN PAYMEIl':rS 'r0 THE COLLEGE ARE IN ARREARS OR. FAULT. DATE: DICKINSON COLLEGE /-/f-9'1 ~J ~ BY I I ! , . . , Exhibit E . , . :.0' .' ' (7, . , c DICKINSON COLLEGE FLEXIBLE FINANCING SYSTEM _ PLAN B EDUCATIONAL GOODS AND SERVICES RETAIL INSTALLMENT CONTRAC~ November 21, 1994 I. Sollerl Buyer(s)I Dickinson College, Carlisle, Pennsylvania 17013-2896 Joseph A. & Maxine H. Bendock RR# 1 Box 204A Wyalusing, PA 18853 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 as 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 and services to be provided and rendered, as the case may be, to Joseph A. Bendock III (hereinafter "StUdent") during his/her enrollment at Dickinson College during the 1994-1995 academic year, including tuition, room and board, books and SUpplies as herein stated (hereinafter the "Goods and Services"). The Goods and Services shall inclUde only tuition, room and board. - II. TERMS OF PAYlo\ENT AND PAYMENT SCHEDULE Disclosuree Required by Federal Law ANNUAL PERCENTAGE FINANCE CHARGE: AMOUNT FINANCED: TOTAL OF TOTAL SALE P RATE:. Dollar amount Amount of credit PAYMENTS: PRICE: Cost of credit as credit will provided by' Amount paid by Total cost of yearly rate cost buyer Dickinson College Buyer as total of purchase on all scheduled credit, includin payments down payment of $ 15,700.00 8.25 % $ 4,020.55 $ 8,000.00 $ 12,020.55 $ 23,700.00 Rev 2/92 f (.., . IV. CREDIT 'INSUro,NCE ,l-'rL't.';':' 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 CONNECTIOK WIT!! SALE OF THE GOODS AND, SERVICES COVERED BY THIS CONTRACT UNLESS BUYER HAS BEEN GIVEN ASEPARATB WRITTEN WARRANTy.""., .. . I" ,',e '\.,-; ~ . . 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 Payments in the number and 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' Edullorv ,,',,:.:: Technologies, I~C. atj:he' folJ.owing address: ,', .c.."" ,"" ~., " 'q '. ','~ ,:,.,;., -~(:~-.' '".'," Eduserv TechnOlogies, Inc. P.O. Box 64974 st. Paul, KN 55164-0974 . d:'rL'--: ;"c' ~.r ,"I" ,U"; :", 2. Buyer'B 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. Buyer shall be deemed to have committed an "Event of Default" of the Contract upon the occurrence of any of the following: (a) (b) (c) (d) (e) CO'" (ff'" failure to make any payment on or before the date it is due, failure to make a payment on any other Contract outstanding with Seller, failure to perform any other provision of the Contract, providing Seller with false information or signatures, death, incompetence, or conviction of any Buyer of crime involving fraud or.dishones,tYi ,"..',.. ' 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 last known address as shown on Seller's records, advising Buyer of the default and of Buyer's right to cure the default. The notice will provide the time, amount and performance 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 sums due on the Contract to be immediately due and payable. The Buyer 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 if 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 assignment Buyer shall be obligated to the Assignee of this Contract, which Assignee shall have all of Seller's right 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 this Contract', which"shall otherwise remain fully effective. 8. APPLICABLE LAW: This Agreement, whenever called upon to be construed, shalJ. be governed by the domestic internal laws of the Commonwealth of pennsylvania except to the extent supplemented, superseded or preempted by federal law. 3 (' '0 (" '~. ' CONSENT TO JURISDICTION. VENUE AND SERVICE: . The l;larties to this Agreement consent and agree that all legal proceedings relating to the subject matter hereof shall' be maintained in the court of Common Pleas of Cumberland County, Pennsylvania, or, if applicable, the United States District Court of the Middle Diatrict 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 certi1:ied 11lail';':-:o':' , ':' return receipt' requested, directed to the respective party at the addrellsset ;,,::111\::1 .' 'i',;,'!~-fort:h above. < ',,}.'.:L"'_;;l~"'" 10. This Contract shall be binding upon the parties hereto, their heirs, successors. assigns and legal representatives. .' ,.t' , <.~llT~lnt..-(P~ 11. TIME IS OF THE ESSENCE OF THIS CONTRACT. ",n . " 1_: ;~, .. " NOTICEl' ANY HOLDER OJ!' 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 BI:' THE DEBTOR SHALL NOT EXCEED AMOUNTS PAID BI:' THE DEBTOR HEREUNDER. NOTICE TO BtnER. (1) DO NOT SIGN THIS AGREEMEIIT BEFORE YOU READ IT OR IF IT CONTAINS ANI:' BLANK SPACE. (2) YOU ARE ENTITLED TO A COMPLETELY FILLED-IN COP\:' OJ!' THIS AGREEMENT. (3) UNDER THE LAW, YOU HAVE THE RIGHT TO PAY OFF IN ADVANCE THE FULL.',,, AMOUNT DUE AND UNDER CERTAIN CONDITIONS TO OBTAIN A PARTIAL REFUND OF THE FINANCE: 1, CHARGE. "~..',\., ,,,.,........( .,......1...'.,., ,-,' ,'.'-. '\\.-.~~.i~. .,..".:: . ,."'", !":;,:',r . "',"<: '._; ~ ..,' c' ~ ' -,",'<ok':'.. " " -" "...."-: .. '~,'7 'J~",,::OJ.nj' """".' CONTRACT AND INTEblD(S) BUYER(S)I. \1. ... STUDENT COSIGNER BORROWER(S)/BUYER(S) FAILS I AGREE TO REPAY ALL AMOUNTS DUE ON THIS TO DO SO IN ACCORDANCE WITIf THE TERMS OF. " :,.,....:.'!.... T CRIPT OF II STUDENT' S RECORD WILL NOT BE RELEASED I LOAN PAYMENTS TO THE COLLEGE ARE IN ARREARS OR'-""~' ': ," DEFAULT.'..~'::' ,', '"':'::. ,'--' . ",~' .' '.' " '.-".- .~, .-.. DATE: DICKINSON COLLEGE II -"'Z.-"2.- ('To.{ BI:' t~~ .~.,'. . . .";.~_." . :,iI- \.... ....'.- . ',... . ::-~ . . '~. ~l ~. - p-' , , ':~' ':,'r:~>-: L,'.. . ";:~f. , ."..;.;.~::-~'. '. ::,";:..:::~j.,:~ -;:-,:~'{~-.;'t: ,..,...."., ',,'\ "0". 'J"',;' >\.... 4 Number of Payments 116 .Variable Ratel (; . '. ( Buyer's payment schedule will be as follows: Amount of Payments When Paymenta are Due Monthly commencing 09/28/95 until OS/28/05 $ 94.37 The ANNUAL PBRCENTAGE RATE disclosed above is a variable rate and IIUly c:rlll!tg The ANNUAL PERCENTAGE RATE may increase during the term of this transaction the prime rate of interest announced in the Wall Strlilet Journal as oj! the clc of business on June 30 of eacn calendar year increases, and will beincreas to the pr~ rate plua 1~. The ANNUAL PERCENTAGE RATE will not increase me than once a year, and the n_ interest rate will become effective on July following ths increase, if any, in the prime rate of interest. Any increl will be in the form of higher payment lIIllOunts. If your cost oj! the Goods I service a sold hereunder were $7,000.00 at 10.00\ per annum for 116 monCha I the prime rats plus 1% were increased to 11.00\, your regular monthly paymer would increase to $98.26. Further, the ANNUAL PERCENTAGE RATE will not increl to more than 18' or such other rate as may be permitted under the P&nnayl.VlU GOods and Services Installment Sales Act. If a payment is more than 15 days late, a sum equivalent to 5\ of! the II payment (but no more than $2.50 and not lees than $1.00) may be charged. Buyer may prspay the unpaid balance of the Amount Financed and any I!'INllI CHARGE dUB through the date of early payment, in full or in art. wiJ:h. penalty. SEE SECTION VI OF THE CONTRACT BELOW FOR ANY ADDITIONAL INFORMATION ABOUT NON-PAYMENT. DEIl'Aar.r; REQUIRED REPAYMENT BEFORE THE SCHEDULED DATE FOR REPAYMENT OF THE AMOUNT FINANCED. Late Charge: Prepayment: III. ITEMIZATION OF AMOUNT FINANCED 1. Cash price of Goods and Serv ices: $ 2. Total down payment: 3. Unpaid balance of cash price (1 - 2): 4. Amount paid to others on Buyer's behalf: 5. Amount Financed (3 + 4): $ c. . (' . . IV. CREDIT INSUtlANCE. ' . . . Credit life insurance for the term of this Contract is not required. V. NO WARRANTIES THERE ARB NO WARRANTIES, EITHER EXPRESSED OR IMPLIED, GIVEN BY SELLER IN CONNECTIOR WITH SALE Oil' THE GOODS AND SERVICES COVERED BY THIS CONTRACT UNLESS BUYER HAS BEEN GlVEK A SEPARATE WRIT'rBN WARRANTY. VI. ADDITIONAL PROVISIONS 1. Buyer Agre.s to PAY Seller the Total Sale Price by making the total down payment and paying Seller the Total of Payments in the number and amount of monthly payments shown in tho Payment Schedule., Payments are due on or before the game date of each month as the first'payment date. Payments must be made to Edu.erv Technologies, Inc. at the following addressl Eduserv Technologies, Inc. P.O. Box 64974 St. Paul, MN 55164-0974 2. Buyer' a legal rights include the right to pay all or part of the amounts due 011 this Contract in advance of their due dates, to obtain a refund or credit of unearned Il'inance Charge whenever the amount ie paid in full in advance, and (with Seller's consent) to reinstate the Contract if Buyer timely CUreD any default. 3. Buyer shall be deemed to have committed an "Event of Default" of the contract upon the OCcurrence of any of 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 outstanding with Ssller. (c) failure to perform any other provision of the Contract, (d) providing Seller with falee information 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 after the occurrence of any Event of Default, Seller will provide Buyer with notice, by certified, mail as required by law, addressed to Buyer'. la.t known address as shown on Seller's records, advising Buyer of the default and of Buyer's right to cure the default. The notice will provide the time, amount and psrformance necessary to cure the default. If Buyer doee 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 agreeB to pay all attorney's fees and other reasonable collection costs and charges necesoary 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 choose to exercise that or any other right or a similar Event of Default occurs later. All Seller's righte and remedies shall be ' cumulative. Seller's exercise of one or more rights shall not cause Seller to lOBe any other rights. 6. This Contract is freely assignable by Seller. Buyer agrees that upon receiving notice of the aesignment Buyer shall be obligated to the Assignee of ,this Contract, which Assignee shall have all of Seller's right 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 this Contract, which shall otherwiee remain fully effective. 8. APPLICABLE LAW, This Agreement, whenever called upon to be construed, shall be governed by the domestic internal laws of the Commonwealth of Pennsylvania except to the axtent supplemented, superseded or preempted by federal law. . ~ " , 3 !l. r, €- ,.. . ., .. ... ' 'CONSENT TO JURISDICTION. VENUE AND SERVIG~: 'The parties to thi. Agreement consent and agrae that all legal proceedings relating to the subject matter hereof shall be maintained in the Court of Common PleaD of Cumberland county, pennaylvania, or, if applicable, the united states District Court of the Kiddle Dietrict of pennsylvania, and all parties hereto consent and agreo that jurisdiction and venue for such proceeding8 shall lie exclusively within said court. Servic. of procesD in any such proceeding may be made by certified mail. r.turn receipt requested, directed to the re.pective party at the eddres8 eat forth Above. . 10. This Contract .hall be binding upon the parties hereto, their heirs, successora. assigns and legal representatives. 11. TIMI IS Olr THE BSSPCB 01' THIS CONTRACT. NOTICB. !\NY BOLDn 01' THIS CONSUHBR CREDIT CONTRACT IS SUBJECT TO ALL CLAIKS AND DlnNSBS WHICH TBB DBBTOR COULD ASSERT AGAINST THE SBLLER OF GOODS OR SERVICES OBTAINED PURSUANT BBRETO OR !fITH THE PROCEEDS HEREOF. RECOVERY HEREUNDER BY TIlE DEBTOR SIIALL NOT EXCEED AMQtmTS PAID BY THE DEBTOR HEREUNDER. NOTICB TO BOYBRI (1) DO NOT SIGN THIS AGREEK1!:NT BEFORE YOU READ IT OR II' IT CONTAINS ANY BLANlt SPA~. (2) YOU ARE ENTITLED TO A COMPLETELY. FILLED-IN COpy 01' THIS AGRBBHBNT. (3) UNDBR THE LAW, YOU HAVE THE RIGHT TO PAY OFF IN ADVANCE THE FULL l\KOllNT DUE AND, UNDBR CBRTAIN CONDITIONS TO OBTAIN A PARTIAL REFUND OF TIlE I'INANCB CBl\RGB. COpy OF THIS CONTRACT AND INTE!lIllS) BtlYER(S) I I AGREB TO REPAY ALL AMOUNTS DUE ON THIS TO DO SO IN ACCORDANCB WI THE TERMS BORROWER(S)/BUYER(S) FAILS STUDBNT COSIGNER CRIP'r OF A STUDBH'J!' S RECORD WILL Har BB p...,..-.alm r LOM PA~S TO !mB COLLEGE ARB IN A1lRBARS OR DBFAULT. DATE: DICKINSON COLLEGE ~ - /cl- '7 -;- -~~ .,~ ~.n. e-J' BY ~ ~ Iil " .. :J .~: ,1., :~ .'" .. " C'; ,n C CD 0 ':."8 ..;-, T'/j QII'-, ,-, .-:.; -,- ,'- , -n , ,7'-;;: ", ::8 '~.._'I ,- ,.....,1. - ";~J I~' ,_J , =3 , ~) - ( t,,) (J -~) m , ~;! ._-, :::J -<; ,..., :n -" " <, < Services Retail Installment Contract ("Third Contract") for expenses incurred for goods and services to be provided and rendered to their son Joseph Bendock, III by Dickinson during the 1993-94 academic year. A true and correct copy of the contract is incorporated by reference and attached as Exhibit "C". 7, On or about January II, 1994, Parents 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 their son Joseph Beudoek, III by Dickinson during the 1993-94 academic year. A true and correct copy of the coutract is incorporated by reference and attached as Exhibit "0". 8, On or about November 22, 1994, Parents 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 their son Joseph Bendock, III by Dickinson during the 1994-95 academic year. A true and correct copy of the contract is incorporated by reference and attached as Exhibit "E". 9, On or about August 14, 1995, Parents entered into an Educational Goods and Services Retail Installment Contract ("Sixth Contract") for expenses incurred for goods and services to be provided and rendered to their son Joseph Bendock, III by Dickinson during the 1995-96 academic year, A true and correct copy of the contract is incorporated by reference and attached as Exhibit "F". COUNT I DICKINSON COLLEGE V. JOSEPH BENDOCK, JR, and MAXINE BENDOCK, PARENTS BREACH OF CONTRACT ' 10, Paragraphs I through 9 are incorporated herein by reference as if set forth in full below. II, Under the terms of the First Contract, Parents, as "Buyer(s)" agreed to pay ~ickinson .. " " , , J , , Three Thousand Dollars ($3,000,00) with intcrcst at the initial ratc ofscvcn and onc halfperccnt (7.5%) per annum, in onc hundrcd fifty threc (153) cqual monthly installmcnt of Thirty Dollars and Fifty-one Cents ($30,51) commencing on Septembcr 28, 1992, 12. Under the terms of the Sccond Contract, Parents, as "Buyer(s)" agrccd to pay Dickinson Two Thousand Fivc Hundred Dollars ($2,500,00) with interest at the initial rate of seven and one half perccnt (7.5%) per annum, in one hundrcd forty eight (148) equal monthly installmcnts of Twcnty Five Dollars and Ninety-four Cents ($25,94) commencing on February 28, 1993. 13, Under the terms of the Third Contract, Parents, as "Buyer(s)" agreed to pay Dickinson Four Thousand Five Hundred Dollars ($4,500,00) with interest at the initial rate of seven percent (7.0%) pcr annum, in one hundred forty (140) equal monthly installments of Forty Seven Dollars and Twelve Cents ($47,12) commencing on Septcmbcr 28, 1993, 14, Under the terms ofthc Fourth Contract, Parents, as "Buyer(s)" agreed to pay Dickinson One Thousand Dollars ($1,000,00) with interest at the initial rate of seven percent (7,0%) per annum, in one hundred thirty six (136) equal monthly installments ofTcn Dollars and Sixty-seven Cents ($10.67) commencing on January 28, 1994, 15, Under the terms of the Fifth Contract, Parents, as "Buyer(s)" agreed to pay Dickinson Eight Thousand Dollars ($8,000,00) with interest at the initial rate of eight point twenty five percent (8,25%) per annum, in one hundred twenty seven (127) equal monthly installments of Ninety Four Dollars and Sixty-five Cents ($94,65) commcncing on October 28, 1994, 16, Under the terms of the Sixth Contract, Parents, as "Buyer(s)" agrecd to pay Dickinson " .. .' , ~ . Scven Thollsand Dollars ($7,000.00) with intcrcst at the initial ratc often pcrccnt (10,0%) per annum, in onc hundrcd sixtccn (116) cqual monthly installmcnts ofNincty Four Dollars and Thirty-scven Ccnts ($94.37) commcncing on Septembcr 28, 1995, 17, Section II of thc Contract(s) provides that "I f a paymcnt is more than 15 days late, a sum I, I' I equivalent to 5% ofthc latc paymcnt (but no more than $2,50 and not less than $1.00) may bc charged." 18. Section VI, Paragraph 3(a) of the Contract(s) provides that "Buyer shall be deemed to have committed an 'Event of Default' ofthc Contracts upon the occurrence of any ofthe following: (a) failure to makc any paymcnt on or beforc thc date it is due...." 19, Section VI, Paragraph 4 ofthc Contract(s) provides that if an Evcnt of Default of the contract occurs, and is not curcd by the Buyer pursuant to the Notice of Default, Dickinson has "the right to declare all sums duc on the contract to be immediately due and payable," 20, Parents have defaulted on the Contract(s) by failing to make the required monthly payments on the Contract(s) due and owing to Dickinson since September 12, ] 996 on the First through Fifth Contracts and Septembcr 9,1996 on the Sixth Contract. 21. Noticcs were forwarded to Parents informing them of their default and right to cure such default. 22, Parents have failed to cure such defaults, 23, Thcrefore Dickinson has exercised its right to declare all sums due on the Contract(s) to be immediately due and payable, 24, The total amount which has become immediatcly dlle and payable to Dickinson by Parents pursuant to the Contract(s) is Twenty Six Thousand Thrce Hundred Thirty Dollars and Three . 35, Dickinson has dcmandcd paymcnt ofthc abovc slllns but Studcnt has failcd and rcfused to do so, WHEREFORE, Plaintiff Dickinson College demands judgment against Defendant Joseph Bendoek, III in the sum of Twenty Six Thousand Three Hundred Thirty Dollars and Three Cents ($26,330,03), plus interest at the rate indicated on the Contraet(s), until Student's obligation is paid in full, plus costs of suit, attorneys' fees and collection costs, McNEES, WALLACE & NURICK By ,St henson atthes Attorney I.D. No,67408 100 Pine Street p, 0, Box 1166 Harrisburg, PA 17108-1166 (717) 232-8000 Attorneys for Plaintiff Dickinson College ~ , , ~ " " Number of Paymonts 153 *Variabla Rate: Late charge I Prepayment: .... r (: Buyer'S payment schedule will be as follows: Amount of Payments When Payments are Due $30.51 Monthly commencing until 5/28/00 9/28/92 The ANNUAL PERCENTAGE RATE disclosed above is a variable rate and may change, The ANNUAL PERCENTAGE RATE may increase during the term of this transaction if the prime rate of interest announced in tho WalJ. street Journal as of the close of business on June 30 of each calendar year inoreases, 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 effective on July 1 following the increase, if any, in the prime rate of interest. Any increase wiJ.l bo in the form of higher payment amounts. If your cost of the Goods and Services eold hereunder were $ 3,000.00 at7.52 ' per annum for ..ll.L. months, and the prime rate plus 1% were ncreased to 8.5~ '. your regular monthly payments would increase to $ 32.1h . Furt er, the ANNUAL PERCENTAGE RATE will not increase to more t an 18' or such other rate as may be permitted under the Pennsylvania Goods and Services Installment Sales Act. If 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. 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. , , I DEIrlUlLT i i' , I, 1 , L ! , SEE SECTION VI OF THE CONTRACT BELOW FOR ANY ADDITIONAL INFORHATION ABOUT NON-PAYMENT, AND REQUIRED REPAYMENT BEFORE THE SCHEDULED DATE FOR REPAYMENT OF THE AMOUNT FINANCED. III. ITEMIZATION OF AMOUNT FINANCED 1. Caeh price of Goods and Services: $ 21,360.00 2. Total down payment: 18,360.00 3. Unpaid balance of cash price (1 - 2): 3,000.00 4. Amount paid to others on Buyer's behalf: 0 5. Amount Financed (3 + 4): $ 3,000.00 ,'", \ ' c (' " IV" CREDl'l:: INStJ~CE 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 WITH SALE or THE GOODS AND SERVICES COVERED BY THIS CONTRACT UNLESS BUYER HAS BEEN GIVEN A SEPARATE WRITTEN WARRANTY. VI. ADDITIONAL PROVISIONS 1. Buyer agreee to pay Seller the Total Sale Price by making the total down payment and paying Seller the Total of Payments in the number and 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 following address: Firet 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 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. J. Buyer ehall be deemed to have committed an "Event of Default" of the Contract upon the occurrence of any of the following: (a) failure to make any payment on or before the date it is due, (b) failure to make a payment on any ~ther 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 Buyer of crime invclving fraud or diehonesty, (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 last known address as shown on Seller's records, advising Buyer of the default and of Buyer's right to cure the default. The notice will provide the time, amount and performance 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 sums due on the contract to be immediately due and payable. The Buyer 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 if 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 assignment Buyer shall be obligated to the Assignee of':this Contract, which Assignee shall have all of Seller's right 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 this Contract, which shalL otherwise remain fully effective. 8. APPLICABLE LAW: This Agreement, whenever called upon to be construed, shalJ., be govsrned by the domestic internal laws of the Commonwealth of pennsylvania except' to the extent supplemented, superseded or preempted by federal law. 3 . . \ . r. ( , ~. CONSENT TO JURISDICTION. VENUE ~ND'SERVICEI The, parties to this Agreement' consent and agree that all legal proceedings relating to the subject matter hereof shall be maintained in the Court of Common Pleas of Cumberland County. Pennsylvania, or, if applicable, the United States District Court of the Middle District of PennDylvania, and all parties hereto consent and agre~ that jurisdiction and venue for such proceedings shall lie exclusively within said court. Service of proceas in any such proceeding may be made by certified mail, return receipt requeeted, directsd 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 THE ESSENCE OF THIS CONTRACT. NOTICE I 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, (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 THE FULL AMOUNT DUE AND UNDER CERTAIN CONDITIONS TO OBTAIN A PARTIAL REFUND OF THE FINANCE CHARGE. A COMPLETED COpy OF THIS,' ONTRACT AND INTElIlD(S) BUYER(S) : I AGREE TO REPAY ALL AMOUNTS DUE ON THIS LOAN IF THE BORROWER(S)/BUYER(S) FAILS TO DO SO IN ACCORDANCE WI H THE TERMS OF THE NOTE: STUDENT COSIGNER RANSCRIPT OF A STUDENT'S RECORD WILL NOT BE RELEASED F LOAN PAYMENTS TO THE COLLEGE ARE IN ARREARS OR DEFAULT. DATE: DICKINSON COLLEGE 9- /1- 91. ~:JC1--- BY .( . . . '. ( (' AUG t 3 is. ~/TI t,p- . .' . . . ---_.----~--,. ~ ....... ,..-,....-.--.-.-- ..-.--.......,... - -..-.--...--.....-----....- -.-----.------- - ____--':\Ll...-~~-<.IlJ.Lt.---\:L..-~ ~L - ,.,___,__..lJ.,.O_~ ,~.r.:-I' ~~__ ,_.__,_ ~...,..tl.o.i:;.__JD_CJ^-'>'-;'- i:J- ~r .. ____Q\.l.c~...~~s:t..~--..--~--~-v,..--- - _____~~~-~-.h--~~'-'lI-'--:-M--':k - ___~-~__~--~ .. ._ _~-~o..L ~_~L2.L ,_ . __ ~__~..JA~t- ~,_~_,~~', .. ,...-ffi..~~~W-~ _..~-~-c:n-~__W,~-~-~-~lJ,l-CC~!....~ __..1.AA.1_.__at-~_,_~_W~_W.J..L_..'ct.,___e&lfS....wJ.~Cth ..__,....__o.1l--l.O,v..c~~---J.-l.O.L'm_.~t--~.;,....---W~,-c4.lJ:f:. , ..___,~. ~'~-~-{"-~-~"-'1f.L--cC_~--_!!L~-~' .. ..____...~J'-o"-. ,_~..~".~,~.~---~k...._~~--~AL~ _____......_,_____?'-~_~ ~-,~-~,~L.--~-Ctb..._--~, ~~~, ______,__.._~- ~.JAt>L\':,.__~~~~~J~ID bl.~_ _.___' _..,......__~~__~_.~~.~"3.----OJ.r,-,..0\-..A,~-(:'~~-~~ .._,__.._W:L,__~-.~-~r:'--o1.~ i:t.._l2....~~. --------..-.-------------..---..------.------- . _...______,_______.j~-~lu--~r_~-~~~--~ -- I ----------.----.--------.--.-,--~~--~~_. ------\,Y-~~-r_~- .[ --..-----....-------..,, ___...____\tv_~--W~_.k.\tlD,l1-,~--..,..---~--~- I , ...--,--.--..-....----..-----,-...--.-7..~-~JS-~,I---..4--w-\.u-~-.~ " ,------,..,-...----...' --.., -.-.-- "-' ..---....-....-..........-~~--.:!:-~--~.-~----~4 ______..__._.__,_,__....__..~-Cl.C n _~_~k,~O.1:v~ ~. ----.------...,. .-- ~ ~ ..----- ~ ''{"--~. ----_.-_._-_._-------~ .-.----....----,-.... ....-...,-...,-....----.- ,..--.-.. --... ....,---...-,...--..--- ~--~~ .._."_ " "P.S. J~ ~~ _,~ ~b,-..-..~...~~..-..-J...~ _______......_' .'.', .uMtf:~,~ 't:u....6..D~,-~ _c/N)..lU,.AO-J,O::ttL~-~_YJ.a..Jul.. ' ..,__m"'_,_'''' __,.}P~ ~~ ,~_l^.=?C,v..Q.oL..J4---,~-...tk.--.t~~f~~ . I. : ~~ ~ ~ It. 1 ! , . i;i 1'l . ., ( c' DIC~INSON COLLEGE, FLEXIBLE FINANCING SYSTEM _ PLAN B EDOCATIONAL GOODS AND SERVICES RETAIL INSTALLMENT CONTRACT " Date February 11, 1993 I. Seller: Dickinson College, Carlisle, Pennsylvania 17013-2896 Joseph A. and Maxine H. Bendock R.R. #1, Box 204A Wyalusfna. PA 18853 Buyer(s) : If thera is more than one Buyer, each of you will be obligated, jointly and severally, for all sums due and for the performancs of all agreements as 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 and services to be prOvided and rendered, as the case may be, to Jose h Bendock III (hereinafter "StUdent") during hiS/her enro ment at D ck nson College dur ng t e 1qg?_Q~ academic year, including tuition, room and board, bOOks and supplies as herein stated (hereinafter the "Goods and services"). The Goods and Services shall include only tuition, room and board. II. TERMS OF PAYMENT AND PAYMENT SCHEDULE Disclosures Required by Federal Law ANNUAL PERCENTAGE FINANCE CHARGE: AMOUNT FINANCED, TOTAL OF PAYMENTS: TOTAL SALE RATE: * Dollar amount Amount of credit Amount paid by PRICE: Cost of credit as credit will provided by Buyer as total of Total cost of yearly rate cost Buyer Dickinson College all scheduled purchaae on payments credit, in- cluding down payment of $ 18,860.00 7.50 , 5 1,339.12 5 2,500.00 53,839.12 5 21,360.00 Rev 2/92 I '~., \ ~~ :11 UIs.' ii'r: ii;:' " (i .: i " '. ( ( Buyer' 0 paymont schedule will be ao followo: Number of Payments Amount of paymsnts 148 *VarLable Rate: Late Charge: When paymento are Due 2/28/93 $25.94 Monthly commencing until 5/28/05 The ANNU~ PERCENTAGE RATE dioclosed above is a variable rate and may change. The ANNUAL PERCENTAGE RATE may increase during the term of thiD transaction if the prime rate at interest announced in the Wall street Journal as of the close of busineso on June 30 of each calendar year increases, and will be increased to the prime rate plus n. The ANNUAL PERCENTAGE RATE will not increase more than once a year, and the new intereot rate will become effective on July 1 following the increase, if any, in the prime rate of interest. Any increase will be in the form of higher payment amounts. If your coot of the Goods and Servicss sold hereunder were $ ?, 500.00 at 7 50 % per annum for 148 months, and the prime rate plus n were increased to B....5O-t, your~lar monthly payments would increase to $27.32 . F~ the ANNUU PERCENTAGE RATE will not increase to more than 18% or such other rate as may be permitted under the Pennsylvania Goods and Services Installment Sales Act. lf a pa~ent is more than 15 days late, a sum equivalent to 5% of the late pa~ent (but no more than 52.50 and not less than $1.00) may be charged. 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, AND REQUIRED REPAYMENT BEFORE THE SCHEDULED DATE FOR REPAYMENT OF THE AMOUNT FINANCED. Prep&yment: III. ITEMIZATICN OF AMOUNT FINANCED 1.- Cash price of Goode and Services: 5 21,360.00 2. Total down payment: 1R,Rfin nn 3. Unpaid balance of cash price (1 - 2): 2.500.00 4. Amount paid to other. on Buyer'. behalf: 0 S. Amount Financed (3 + 4): $ 2,500.00 ( c' " IV, ' CREDIT' ~NSU~CE Credit life inourance 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 WITH SALE OF THE GOODS AND SERVICES COVERED BY THIS CONTRACT UNLESS BUYER HAS BEEN GIVEN A SEPARATE WRITTEN WARRANTY. VI. ADDITIONAL PROVISIONS 1. Buyer agrees to pay Seller the Total Salo Price by making the total down paymenc and paying Soller tho Total of Payments in the number and amount of monthly paymonta 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 following addrees: 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 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. Buyer shall be deemed to have committed an "Event of Default" of the Contracc upon the occurrence of any of 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 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 Buyer 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 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 and of Buyer's right to cure the default. The notice will provide the time, amount and performance necessary to cure the default. If Buyer doeo 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 attorney's feeo 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 if Seller should thereafter choose to exercise that or any other right or a similar Event of Default occuro later. All Seller's rights and remedieD shall be cumulative. Seller's exercioe 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 aosignment Buyer shall be obligated to the Assignee of this Contract, which Assignee shall have all of Seller's right and remedies. 7. If any part of this Contract ie held to be illegal, void or unenforceablo, thac provision shall be deemed not to have been a part of this contract, which shall otherwise remain fully effective. 8. APPLICABLE LAW: This Agreement, whenever called upon to be construed, shall be governed by the domestic internal laws of the Commonwealth of Pennsylvania excepc to the extent supplemented, superseded or preempted by federal law. 3 . c' (' , DICKINSON COLLEGE'FLEXIBLE FINANCING SYSTEK - PLAN B EDOCATIONAL GOODS AND SERVICES RETAIL INSTALLKENT CONTRACT Date August 4, 1993 I. Seller: Dickinson College, Carlisle, Pennsylvania 17013-2896 Joseph A. and Maxine H. Bendock, Jr. RR 11, Box 204A Wyalusinq, PA 18853 Buyer(s) : 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 as provided in this Contract. Under the terms of this Educational Goods and Services Retail Installment Contract, you have agreed to pay the expenses incu~red fo~ goodp and services to be provided and rendered, as the case may be, to uOSeph HendocK, III (hereinafter "Student") during hiS/her enro lment at D ck nson col ege dur ng t e academic year, including tuition, room and board, books and supplies as herein state (hereinafter the "Goods and Services"). The Goods and Services shall include only tuition, room and board. II. TERMS OF PAYMENT AND PAYMENT SCHEDULE Disclosures Required by Federal Law ANNUAL PERCENTAGE FINANCE CHARGE: AMOUNT FINANCED: TOTAL OF PAYMENTS: TOTAL SALE RATE:" Dollar amount Amount of credit Amount paid by PRICE: Cost of credit as credit will provided by Buyer as total of Total cost of year ly rate cost Buyer Dickinson College all scheduled purchase on payments credit, in- cluding down payment of $ 17,090.00 7.00 % $ 2,096.80 $ 4,500.00 $ 6,596.80 $ 22,590.00 , , Rev 2/92 ( (' , Buyer's payment schedule will be as follows: Number of Paymsnts Amount of Payments 140 *Variable Rate: Late Charge: Prepayment: When Payments are Due $47.12 Monthly commencing 9/28/93 until ~/?R/n~ The ANNUAL PERCENTAGE RATE disclosed above ie a variable rate and may change. The ANNUAL PERCENTAGE RATE may increase during the 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 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 effective on July 1 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 $4.500.00 at 7.0 % per annum for ~ months, and the prime rate plus 1% were increased to 8.0 '. your regular monthly payments would increase to $ 4Q ~~ . Further, the ANNUAL PERCENTAGE RATE will not increase to more t an 18% or such other rate as may be permitted under the Pennsylvania Goods and ServiceB Installment Sales Act. If a payment is more than 15 days late, a sum equivalent to 5' of the late payment (but no more than 52.50 and not less than $1.00) may be charged. 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, AND REQUIRED REPAYMENT BEFORE THE SCHEDULED DATE FOR REPAYMENT OF THE AMOUNT FINANCED. III. ITEMIZATION OF AMOUNT FINANCED 1. Cash price of Goods and S~rvices: $ 22.590.00 2. Total down payment: 17,090.00 3. Unpaid balance of cash price (1 - 2): 4,500.00 4. Amount paid to others on Buyer's behalf: 0 S. Amount Financed (3 + 4): $ 4,500.00 . (, IV. CREDIT ( I11SURANCE Credit Life insurance for the term of this Contract is not required. , I I, V. NO WARRN1TIES THERE ARB NO WARRANTIES, EITHER EXPRESSED OR IMPLIED, GIVEN BY SELLER IN CONNECTION. WITH SALE OF THE GOODS AND SERVICES COVERED BY THIS CONTRACT 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 Seller the Total of Payments in the number and amount of monthly payments shown in the paymsnt 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 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 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. Buyer shall be deemed to have committed an "Event of Default" of the Contract upon the occurrence of any of 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 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 Buyer 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 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 and of Buyer's right to cure the default. The notice will provide the time, amount and performance necessary to cure the default. If Buyer does not cure the default Be 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 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 if 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 assignment Buyer shall be obligated to the Assignee of this Contract, which Assignee shall have all of seller's right 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 this contract, which shall otherwise remain fully effective. 8. APPLICABLE LAW: 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 Buyer's payment schedule will be as followSl NUmber of Payments Amount of Payments 136 .Variable Rate: Late Charge: Prepayment: When Payments are Due $10.67 Monthly commencing 1/28/94 until 'iI?R/O'i The ANNUAL PERCENTAGE RATE disclosed above is a variabl~ rate and may change. The ANNUAL PERCENTAGE RATE may increase during the term of this transaction if the prime rate of interest announced in the Wall Street Journal as of the close of bueiness 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 effective on July 1 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 $ 1 000.00 at 7 00 'per annum for 116-- monthe, and the prime rate plus 1% were increased to 8.00 ., your regular monthly payments would increase to $ 11 ?~ . Further, the ANNUAL PERCENTAGE RATE will not increase to more t an 18% or such other rate as may be permitted under the Pennsylvania Goods and Services Installment Sales Act. If 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 51.00) may be charged. 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, AND REQUIRED REPAYMENT BEFORE THE SCHEDULED DATE FOR REPAYMENT OF THE AMOUNT FINANCED. III. ITEMIZATION OF AMOUNT FINANCED 1. Cash price of Goods and S2rvices: $ 22,590.00 2. Total down payment: 21,590.00 3. Unpaid balance of cash price (1 - 2): 1,000.00 4. Amount paid to others on Buyer's behalf: 0 5. Amount Financed (3 + 4): 5 1,000.00 . . c ( . " . ' IV., CREDIT INSO~CE Credit life ineurance for the term of this Contract is not required. V. NO WARRANTIES THERE ARE NO WARRANTIES, EITHER EXPRESSED OR IMPLIED, GIVEN BY SELLER IN CONNECTIO~ WITH SALE OF THE GOODS AND SERVICES COVERED BY THIS CONTRACT 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 Seller the Total of Payments in the number and amount of monthly payments shown in the Payment Schedule. Payments are due on or before the sBmB date of each month as the first payment date. Payments must be made to First 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 of unearned Finance Charge whenever the amount ie 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 "Event of Default" of the Contract upon the occurrence of any of 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 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 Buyer of crime involving fraud or diehonesty, (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 last known address as shown on Seller's records, advising Buyer of the default and of Buyer's right to cure the default. The notice will provide the time, amount and performance 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 sums due on the Contract to be immediately due and payable. The Buyer 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 if 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 assignment Buyer shall be obligated to the Assignee of this Contract, which Assignee shall have all of Seller's right 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 this Contract, which shall otherwise remain fully effective. 8. APPLICABLE LAW: 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 " . Exhibit E ~.',-;:-:,,~'I~',."-.,.-..-,,~~ .. .~. , . ., . (7 r , , DICKINSON COLLEGE FLEXIBLE FINANCING SYSTEM _ PLAN B EDUCATIONAL GOODS AND SERVICES RETAIL INSTALLMENT CONTRACT November 21, 1994 I. Seller I Dickinson College, Carlisle, Pennsylvania 17013-2896 Joseph A. & Maxine H. Bendock RR# 1 Box 204A Wyalusing, PA 18853 Buyer(s): 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 as 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 and services to be provided and rendered, as the case may be, to Joseph A. Bendock III (hereinafter "Student") during hiS/her enrollment at Dickinson College during the 1994-1995 academic year, including tuition, room and board, books and supplies as herein stated (hereinafter the "Goods and SerVices"). The Goods and Services shall include only tuition, room and board. - II. TERMS OF PAYMENT AND PAYMENT SCHEDULE Disclosures Required by Federal Law ANNUAL PERCENTAGE FINANCE CHARGE: AMOUNT FINANCED: TOTAL OF TOTAL SALE P RATE:* Dollar amount Amount of credit PAYMENTS: PRICE: Cost of credit as credit will provided by' Amount paid by Total cost of yearly rate cost buyer DiCkinson College Buyer as total of purchase on all scheduled credit, including payments down payment of $ 15,700.00 8.25 % $ 4,020.55 $ 8,000.00 $ 12,020.55 $ 23,700.00 Rev 2/92 .' . . 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 WITH SALE OF THE GOODS AND SERVICES COVERED BY THIS CONTRACT UNLESS BUYER HAS BEEN GIVE~1 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 Payments in the number and 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 Eduserv TechnOlogies, Inc. at ~he following address, Eduserv TeChnOlogies, Inc. P.O. Box 64974 st. PauL, MN 55164-0974 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 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. Buyer shall be deemed to have conunitted an "Event of Default" of the Contract upon the occurrence of any of 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 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 Buyer 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 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 and of Buyer's right to cure the default. The notice will provide the time, amount and performance 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 Sums due on the Contract to be inunediately due and payable. The Buyer agreee 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 if 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 assignment Buyer shall be obligated to the Assignee ,of this Contract, which Assignee shall have all of Seller's right 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 this Contract, which shall otherwise remain fully effective. 8. APPLICABLE LAW: This Agreement, whenever called upon to be construed, shall be governed by the domestic internal laws of the Conunonwealth of Pennsylvania except to the extent supplemented, superseded or preempted by federal law. 3 , '9. .' f ' ( . . CONSENT TO JURISDICTION. VENUE 'AND'SERVICE: The pa~ties to this Agreement consent and agree that all legal proceedings relating to the subject matter hereof shall be maintained in the Court of Common Pleas of Cumberland county, pennsylvania, or, if applicable, the United States District Court 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 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 GOODS OR SERVICES OBTAINED PURSUANT HERETO OR WITH THE PROCEEDS HEREOF. RECOVERY HEREUNDER BY THE DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR HEREUNDER. NOTICE TO BUYER I (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 THE FULL AMOUNT DUE AND UNDER CERTAIN CONDITIONS TO OBTAIN A PARTIAL REFUND OF THE FINANCE CHARGE. THIS CONTRACT AND INTEND(S) BUYER(S) : I AGREE TO REPAY ALL AMOUNTS DUE ON THIS TO DO SO IN ACCORDANCE WIT~ THE TERMS OF. BORROWER(S)/BUYER(S) FAILS STUDENT COSIGNER T CRIPT OF A STUDENT'S RECORD WILL NOT BE RELEASED I LOAN PAYMENTS TO THE COLLEGE ARE III ARREARS OR DEFAULT. DATE: DICKINSON COLLEGE /1.7--7..-'70.{ l~~ BY 4 . , , , '. . . Exhibit F '.' ., , . , ( , .. " . [;(:f:r~Y;S5 - do . .' . ~\UI? 2 3 1995 . , , . . .. DICKINSON COLLEGE FLEXIBLE FINANCING SYSTEM - PLAN B EDUCATIONAL GOODS AND SERVICES RETAIL INSTALLMENT CONTRACT i ',', I, ~)l HI-' 1.1..1 " , I ',I, I I; "~" t' i. I~~ AJ.: ,[ I' \ ..... \ ".\H August 11, 1995 I. Seller. Dickinson College, Carlisle, Pennsylvania 17013-2896 Jossph A. & Maxine M. Bsndock RR# 1 Box 204A Wyalusing, PA 18853 Buyer(s) I ; If there is mOre than one Buyer, each of you will be obligated, jointly and severally, for all sums ~ua an~ for the performance of all agreements as provided in this Contract. Under the terms of thia Educational Goods and Services Retail Installment contract, you haVE agreed to pay the expanses incurred for goods and services to be pro"ided and rendered, as the caSE may be, to Joseph Bsndock III (hereinafter "Student") during his/her enrollment at Dickinsor college during the 1995-1996 academic year, including tuition, room and board, books and supplieE as herein stated (hereinafter the "Goods and Services"). The Goods and Services shall include only tuition, room and board. II. TERMS OF PAYMENT AND PAYMENT SCHEDULE Disclosures Required by Federal Law ANNUAL PERCENTAGE FINANCE CHRRGE: AMOUNT FINANCED: TOTAL OF TOTAL SALE RATE: * Dollar amount Amount of credit PAYMENTS: PRICE I Cost of credit as credit will provided by Amount paid by Total cost of yearly rate cost buyer Dickinson College Buyer as total of purchase on all scheduled credit, inchding payments down payment of $ 17,870.00 10.00 % $ 3,946.92 $ 7,000.00 $ 10,946.92 $ 24,870.00 Rev 2/92 , " I I , I I I I I I I ! ....",-",':;:.,:.'.. . . (: , . '. . . . c . . . .. Buyer's payment echedule will be as follows: Number of Payments Amount of Payments $ 94.37 When Payments are Due Monthly commencing 09/28/95 until OS/28/05 116 .Variabls Ratel The ANNUAL PERCENTAGE RATE discl08ed above is a variable rate and may chanqa The ANNUAL PERCENTAGE RATE may increase during the term of this transaction i: the prime rate of interest announced in the Wall Street Journal DD at the cl08t of businsss on June 30 of each calendar year increases, and will be increasel to the prime rate plus 1'. The ANNUAL PERCENTAGE RATE will not increase merl than once a year, and the new interest rate will become effective on July: following the increase, if any, in the prime rate of interest. Any increasl will be in the form of higher payment amounts. If your cost of the Goods ani Services sold hereunder were 57,000.00 at 10.00' per annum for 116 months ani the prime rate plus 1% were increased to 11.00\, your regul.ar monthly payment: would increase to $98.26. Further, the ANNUAL PERCENTAGE RATE will not increae, to more than 18' or such other rate as may be permitted under the Pennsylvanii Goods and Services Installment Sales Act. Late Charge: If a payment is more than 15 days late, a sum equivalent to 5' of the latl payment (but no more than $2.50 and not less than 51.00) may be charged. Buyer may prepay the unpaid balance of the Amount Financed and any PINANC: CHARGE due through the date of early payment, in full or in art, withou' penalty. SEE SECTION VI OF THE CONTRACT BELOW FOR ANY ADDITIONAL INFORMATION ABOUT NON-PAYMENT, REQUIRED REPAYMENT BEFORE THE SCHEDULED DATE FOR REPAYMENT OF THE AMOUNT FINANCED. Prepayment: III. ITEMIZATION OF AMOUNT FINANCED 1. Cash price of Goods and Services: 5 2. Total down payment: 3. Unpaid balance of cash price (1 - 2): 4. Amount paid to others on Buyer's behalf: - 0, S. Amount Financed (3 + 4): $ .....".... r . ' CREDIT C INSURANCE. . : , . IV. Credit life insurance for the term of this Contract is not required. V. NO WARRANTIES THERE ARB NO WARRANTIES, EITHER EXPRESSED OR IMPLIED, GIVEN BY SELLER IN CONNECTION WITH SALE OF THE GOODS AND SERVICES COVERED BY THIS CONTRACT 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 Seller tho Total of Payments in the number and amount of monthly payments .hewn in the Payment Schedule., Payments are due on or before the same date uf each month as the first'payment date. Paymento must be made to Eduserv Technologies, Inc. at the following address. Eduserv TeChnOlogies, Inc. P.O. Box 64974 St. PauL, KN 55164-0974 2. Buyer'. legal rights include the right to pay all or part of the amounto 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. Buyer shall be deemed to have committed an "Event of Default" of the Contract upon the occurronce of any of 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 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 Buyer 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 Buyer with notice, by certified mail as required by law, addressed to Buyer'e last known address as shown on Seller's records, advising Buyer of the default and of Buyer'S right to cure the default. The notice will provide the time, amount and performance necessary to Cure the default. If Buyer doee 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 attorney's feee and other reaeonable collection coets 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 if 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 assignment Buyer shall be obligated to the Aseignee of this Contract, which Assignee shall have all of Seller's right 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 this Contract, which shall otherwise remain fully effective. 8. APPLICABLE LAW: 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 PYS510 1998-03619 Cumberland County Prothonotary's Office Civil Case Inquiry DICKINSON COLLEGE (vs) BENDOCK JOSEPH JR Page 1 ET AL Filed.. . .. . . . : Time.... .... . : Execution Date Jury Trial. , , . Disposed Date. Higher Crt 1.: Higher Crt 2.: 6/29/1998 2:25 0/00/0000 0/00/0000 Reference No. . : . Case Type.....: COMPLAINT Judgment...... .00 Judge Assigned: Disposed Desc.: ------------ Case Comments ------------- ******************************************************************************** General Index Attorney Info DICKINSON COLLEGE PLAINTIFF MATTHES F STEPHENSON CARLISLE PA 17013 BENDOCK JOSEPH JR DEFENDANT RR #1 BOX 204A WYALUSING PA 18853 BENDOCK MAXINE DEFENDANT RR#l BOX 204A WYALUSING PA 18853 BENDOCK JOSEPH III DEFENDANT RR #1 BOX 204A WYALUSING PA 18853 ******************************************************************************** * Date Entries * ******************************************************************************** 6/29/1998 7/27/1998 7/27/1998 7/27/1998 8/13/1998 10/01/1998 ------------- FIRST ENTRY - - - - - - - - - - - - - - COMPLAINT - CIVIL ACTION ------------------------------------------------------------------- SHERIFF'S RETURN FILED Litigant.: BENDOCK JOSEPH JR SERVED : 7/13/98 BRADFORD CO WYALUSING PA COMPL Costs....: $93.00 pd By: MCNEES, WALLACE & NURICK 07/27/1998 ------------------------------------------------------------------- SHERIFF'S RETURN FILED Litigant.: BENDOCK MAXINE SERVED : 7/13/98 BRADFORD CO - WYALUSING PA COMPL Costs....: $12.00 pd By: MCNEES, WALLACE & ~~RICK 07/27/1998 ------------------------------------------------------------------- SHERIFF'S RETURN FILED Litigant.: BENDOCK JOSEPH III SERVED : NOT FOUND BRADFORD CO WYALUSING PA COMPL Costs. ...: $12,00 Pd By: MCNEES, WALLACE & NURICK 07/27/1998 ------------------------------------------------------------------- PRAECIPE TO REINSTATE THE COMPLAINT BY F STEPHENSON MATTHES ESQ ------------------------------------------------------------------- SHERIFF'S RETURN FILED Litigant.: BENDOCK JOSEPH III SERVED : 10/1/98 REINST NOT & COMPL CERT MAIL NASHVILLE TN Costs,.,,: $28.38 pd By: MCNEES, WALLACE & NURICK 10/01/1998 - - - - - - - - - - - - - - LAST ENTRY - - - - - - - - - - - - ******************************************************************************** * Escrow Information * * Fees & Debits Beq Bal Pvmts/Adi End Bal * ******************************************************************************** COMPLAINT 35,00 35.00 ,00 TAX ON CMPLT .50 .50 ,00 SETTLEMENT 5.00 5.00 .00 JCP FEE 5,00 5.00 .00 ------------------------ ------------ 45.50 45.50 ,00 ******************************************************************************** * End of Case Information * ******************************************************************************** SHERIFF1S DEPARTMENT BRADFORD COUNTY, PENNSYLVANIA COlJ/{THOUSE, TOWANDA, I'A 18848 PHONE 717 265-170~HERIFF 717 SERVICE PROCESS RECEIPT, ond AFFIDAVIT OF RETURN FAX 265-1734 f'LAINTlrrlSl DICKINSON COLLEGE ..-------. . COlJl1T HUf.mrn 98-CUMB-83 DEFENDANT/51 JOSEPH BENDOCK JR ET AL TYf'[; or Wfur on r.OMPLAlm CIVIL COMPLAINT SERVE .. AT ADDRESS (5lrool or ArO. Apartmonl N~"./ CI!y. 0010 ,~. SI~lfI i'IrulllP COOt!) RR1, BOX 204A, WYALuS1NG,PA 1~853 NAME OF INDIVIDUAL. COMPANY. c~.POrt"rION, fTC. '10 srHVICE JOSEPH BENDOCK JR ---.--.--------.- -~ INDICATE SERVICE: ;C)f>ERSONAL OPERSON IN CHAnGE [JOEPUTlIE [lCEnT, MAIL LlnEGISTEIlED MAIL C1nnST CLASS MAIL [JPOSTED NOW, 19 I, SIIERIl'l' 01' Ill< A[ll'ORIl em INT"', I'A, lkl hcre~)' ,Ie"uli/<' tl~ Sheriff "f County to execute this Writ and make return UJcrcof /I(';l'ordil1g lu law. '1l1is dCPUI<ltilll1 hcing 1i\;lC!t: allhc request and ri.~k of lh~ pl;linlirr. 5111'.1(111' OF /lRAnHlRJ) ('01 IN/l' SPECIAl INSTRUCTIONS OR OTHER INFonMATION ffiAT Will. ASSIST IN EXPEDITING SERVICE: ~q-li" Qd, J'-\<t ~1 'Sfoel Y",..d. 0" IU. ~ /Ib..... Co/lqV' :;!.Pk.<::f. 1/3 SIGNATURE of ATTORNEY or other ORIGINATOR roquesalng sorvk:e on bohaft 01: XIlI1 PLAINTIFF Cl DEFENDANT TELEPHONE NUMBER [lATE MCNEES. WALLACE & NURICK SPACE BELOW FOR USE OF SHERIFF ONLY - DO NOT WRITE BELOW THIS LINE I acknowlodge recelpl 0' tho writ (Ir cOrTl'lalnl as Indlcaled above (SIGNATUf1e 01 AulllOrllcd BCSD Agonl) Hearin!l'[rpfralion D:lIl~ Dale Recolved 7/1/98 7/29/98 I hereby CERTIfY and RE11JRN that I Ilave personally served, _have served person in cllarge. served by: IJle writ or complainl described on the indiyidual, company, cnrI~uljon. etc, al the adllre$s shown .llO\'1! or (lO lhe individual. company. corporation. elC'. illlJle alidress iDsened below by handing (or posling) a TRUE Ind A 1 rESTEO COpy THEREOF _I hereby cel1if>' and relura a NOT FOUND ~caus(: I alii unahlclo hlCale lhe individual, company, cnrp., eel., named aht e .. .^ ~C!lon of ,~uilabl~' a~c anti di.~l'realiulltll~'lI reSIding In the ddllntlan".~ U.\llill plaCt' ()fah4......k,. ATTEMPTS / 1~. ADVANCE COSTS 60.00 Miles 'lCE Milos 7ce Data Miles Oopt Inl. Dale Nolary Surcharge Poslage MIse TotaJ Cnsls ~ 00 COST DUE AFFIRMED and subscrlJod to boloro me lhis SO ANSWER. da~' of '9 [ 39.0,11. noool';;;;----'" P/tch::lflOl.lry.'I).,p'Ify.t-lrJ...-y F'lJblic MY COMMISSION EXPlrtES I ACKNOWLEDGE ReCEIPr Of TIlE SHERIFF'S nErunN SIGNA runE OF AUTHonlZEO ISSUING AUTI rorury AND TInE. In 1 he lourt or Common ficas or CurnlJcrlallO lounry, l'cnnsYIY:lOl:l Dickinson College \'S. Joseph Bendock, Jr.. et. 111. serve: Joseph Bendock, Jr, r-,'o. 98-3619 Civil 19_ "'OW, 6/30/98 Bradford 19_, I SHERIFF OF CUMBERLA"n COe"TY, PA do hmb~' deputlze the Sheriff of County to execute this Writ, this depul~tion being ffijde jt the requm jcd ris~ oftb~ PI~intiff. ~~~<:~t Sheriff of CUffibed~nd Counry, P~. Affidayit of Service ;"'0\',', witbin 19 . nr o'c:ock ~l. se,',ed rbe IJpoa ot by b:lnding to ottested cop~' of the originol the contents thereof. o true ond :Ind m:::cc k:lQwn to So ::Jnswers. Sheriffor County. Po. COSTS Sworn ond subscribed before me rhis day or SERVICE MILEAGE AFFIDA \'IT 5 19_ 5 -.' MDW&O . INF'IMMAnnN.^......I'f.^!fVI'~A',. '. TEN EAST Hllill STRf.ET CARLISLE, PENNSYLVANIA 17013 DICKINSON COLLEGE. Plainliff IN TilE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA v. CIVIL ACTION - LAW JOSEPH BENDOCK. JR. and MAXINE BENDOCK. h/w and JOSEPH BEN DOCK. III. Defendants NO. ')X-3() I') CI VI I. PRAECIPE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please withdraw the appearance of McNEES WALLACE & NURICK on behalf of Plaintiff in the above malter. M<.:NEES WALLACE & NURICK Daled: October i1 . 200 I /:(" " , I(I/;--:(! By \ ;!..'-V{/!/ '/' I _--1 Charles T. Yo ling. .II., ESHwre Attol'l1ey I.D, No. Xll(iXOL/ I ()O Pine Street P.O. Box II (i6 Harrisburg. P A 171 OX-II (i() (717) 232-XOOll Attorneys for Plaintiff i , '1 , " Enter the appearance of MARTSON DEARDORFF WILLIAMS & OTTO on behalf of Plaintiff in the above matter. MARTSON DEARDORFF WILLIAMS & OTTO Dateel: October "f3. 21llJ I J.D. No. X37tJ4 Ten East High Street Carlisle, PA 171113 (717) 243-3341 Attorneys for Plaintiff '." DICKINSON COLLEGE, PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW JOSEPH BENDOCK, JR., MAXINE BENDOCK, and JOSEPH BENDOCK, III, DEFENDANTS 98-3619 CIVIL TERM ORDER OF COURT AND NOW, this 30th day of October, 2001, in the case of Dickinson College versus Bendocks at No. 98-3619 Civil Term, and it appearing that docket activity has recently occurred in the case, the case is stricken from the purge list and shall remain active. By the Court, F. Stephenson Matthes, Esquire III N. Front St. Harrisburg, PA 17101 For the Plaintiff jl~-0l~ (J.J.:)I. '01 13 X.s Mark Andrew Denlinger, Esquire 10 E. High St. Carlisle, PA 17013 For the Plaintiff (') c C) c .q :<-:'. ~::"5 , -r) r;_~ no; I;": ~.'~ 1 ~~- fl' -, .::>J \;:') ,- - , t;) :::::..... -t:> ~{; ~~-~j L:c. ~- C "-: ':....'1 - C :=.-: ~3 :< (=-- -< Joseph Bendock, Jr., Defendant Pro Se Box 204A Wyalusing, PA 18853 Maxine Bendock, Defendant Pro Se Box 204A Wyalusing, PA 18853 Joseph Bendock, III, Defendant Pro Se Box 204A Wyalusing, PA ~8853 pcb 'Hf:r:ll:i ,. ';!.'; ~.. . :,1\ ; C/\:.:L :,1 ",\"1 ! pr' . ,I',.'. i';i' c:rntMIIIIWIAI. i'lI ". ,I,ill; CCiUIIT',' Ii" :' !:': [\!':I, i I'-Iii' ,;1,..1\ : [> r CI': T N;.:CI!LC.9tLf.:q.F:_-.. '/~':; . BEN D 0 CcK.._ J O'i.E:i' tLJE;-..EL!.cl,_. R. Thomas K1 1 no'" ~;t)0I'lif or' [)eputy St]erif~ of CUl1BERLAflD [oIJnt.y. PE~nn;:;;ylvani.J.. WhCl DC'lnq duly ~:;WiJrn ar::.~Gordl.ng t.o law. served the within named DEFENDANT, BENDO~K TOSSPH III by United States Certified Mail post~ge prepaid, on the 1st October 1998 . at e: 0'li IlDUW3. c, t, 311 riA TellEZ '~OURT APT C15 NASHVILLE, TN 37211 a true and attested copy of the attached REINSTATED NOTICE AND together with COMPLAINT The returned receipt card was signed by on 0/00/0000. Additional Comments: ITEM RETURNED UNOPENED, UNCLAIMED ON 10/1/98 Sheriff~s Costs: Docketing Cert. Ma~l Affidavit Surcharge So an~w~ . ~~-~ ~h~S 'I\l~nel ;:;> er~:u 18.00 4.38 .00 5.00 $~8.38 MCNEES. WALLACE & NURICK 10/01/1998. Sworn and subscribe>> to before me thiS0f<-l- day of(JJ~ 19 '_ A.D. - --- () Q, hU.i~ A C-./: -~--p-f:bUlonorayY7 ..--....,._oc_;:..._:.;".;..-'."- day of .;......... ...... ~\12! ~\ltll'.,'-..~ "'''' \1 ~..d "'M . ~\O.. :Un } ",-. ;LOO ~ \.,.... co'" 11~.\W.'\:, 0..;:: ,\~ ,I '" <Xl ... en " :.,. ,- " " ; , r" .... , . .., 7 / I , . " " ;' ~.,.. ...... ;".l H ..... N - " .r- - :J ..,.'C""'l ",,>: 0 8'9 ~ 'g N &l .2J '" ~ U ..... ..... I .-l .c~ () ..... fr , E '" ..... ..... '" g ..... ~:1!l M . ..., , . DICKINSON COLLEGE, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY , PENNSYLVANIA v. CIVIL ACTION. LAW . 1 ~ JOSEPH BENDOCK, JR. and MAXINE BEN DOCK, hlw and JOSEPH BENDOCK, III, Defendants NO. COMPLAINT I. Plaintiff Dickinson College ("Dickinson") is a Pennsylvania educational institution with its principal offices located in Carlisle, Pennsylvania 17013. 2. Defendants Joseph Bendock, Jr. and Maxine Bendock, hlw ("Parents") are adult individuals whose last known address is RR# I, Box 204A, Wyalusing, Pennsylvania 18853. 3. Defendant Joseph Bendock, III ("Student") is an adult individual whose last known address is RR#I, Box 204A, Wyalusing, Pennsylvania 18853. 4. On or about September 11, 1992, Parents entered into an Educational Goods and Services Rctail Installment Contract ("Fitst Contract") for expenses incurred for goods and services to be provided and rendered to their son Joseph Bendock, III by Dickinson during the 1992-93 academic year. A true and correct copy of the contract is incorporated by reference and attached as Exhibit "A". 5. On or about February II, 1993, Parents entered into an Educational Goods and Services Retail Installment Contract ("Second Contract") for expenses incurred for goods and services to be provided and rendered to their son Joseph Bendock, III by Dickinson during the 1992-93 academic year. A true and correct copy of the contract is incorporated by reference and attached as Exhibit "B". 6. On or about August 4, 1993, Parents entered into an Educational Goods and , ~ . ' . Three Thousand Dollars ($3,000.00) with interest at the initial rate of seven and one half percent (7.5%) per annum, in one hundled fifty three (153) equal monthly installment ofThirty Dollars and Fifty-one Cents ($30.5\) commencing on September 28, \992. 12. Under the terms of the Second Contract, Parents, as UBuyer(s)U agreed to pay Dickinson Two Thousand Five Hundred Dollars ($2,500.00) with interest at the initial rate of seven and one half percent (7.5%) per annum, in one hllndred forty eight (148) equal monthly installments of Twenty Five Dollars and Ninety-four Cents ($25.94) commencing on February 28, 1993. 13. Under the terms of the Third Contract, Parents, as UBuyer(s)U agreed to pay Dickinson Four Thousand Five Hundred Dollars ($4,500.00) with interest at the initial rate of seven percent (7.0%) per annum, in one hundred forty (140) equal monthly installments of Forty Seven Dollars and Twelve Cents ($47.\2) commencing on September 28, 1993. 14. Under the terms of the Fourth Contract, Parents, as "Buyer(s)" agreed to pay Dickinson One Thousand Dollars ($\ ,000.00) with interest atthe initial rate of seven percent (7.0%) per annum, in one hundred thirty six (136) equal monthly installments ofTen Dollars and Sixty-seven Cents ($10.67) commeneing on January 28, 1994. 15. Under the terms of the Fifth Contract, Parents, as "Buyer(s)" agreed to pay Dickinson Eight Thousand Dollars ($8,000.00) with interest at the initial rate of eight point twenty five percent (8.25%) per annum, in one hundred twenty seven (\27) equal monthly installments of Ninety Four Dollars and Sixty-five Cents ($94.65) commencing on October 28, 1994. \6. Under the terms of the Sixth Contract, Parents, as "Buyer(s)" agreed to pay Dickinson . . ~ Seven Thousand Dollals ($7,000.00) with intercst at the initial ratc oftcn pcrccnt (10.0%) per annum, in one hundred sixteen (116) equal monthly installmcnts ofNincty Four Dollars and Thirty-sevcn Cents ($94.37) commencing on September 28, 1995. 17. Section II of the Contract(s) provides that "If a payment is more than 15 days late, a sum equivalent to 5% of the fate payment (but no more than $2.50 and not less than $1.00) may bc charged.- 18. Section VI, Paragraph 3(a) of the Contract(s) provides that "Buyer shall be deemed to have committed an 'Event of Default' ofthe Contracts upon the occurrence of any of the following: (a) failure to make any payment on or before the date it is due,..." 19. Section VI, Paragraph 4 of the Contract(s) provides that ifan Event of Default orthe contract occurs, and is not cured by the BlIyer pursllant to the Notice of Default, Dickinson has 'the right to declare all sums due on the contract to be immediately due and payable." 20. Parents have defaulted on the Contract(s) by failing to make the required monthly payments on the Contract(s) due and owing to Dickinson since September 12, 1996 on the First through Fifth Contracts and September 9, 1996 on the Sixth Contract. 21. Notices were forwarded to Parents informing them of their default and right to cure such default. 22. Parcnts have failed to cure sllch defaults. 23. Thcrefore Dickinson has exercised its right to declare all sums duc on the Contract(s) to be immediately due and payable, 24. The total amount which has become immediately due and payabIc to Dickinson by Parents pursuant to the Contract(s) is Twenty Six Thousand Three Hundred Thirty Dollars and Three . ' ,.; .:i ) I . . ~ Cents ($26,330.03), which includes principal in the amount of Twenty Two Thousand Three Hundred Eighty Eight Dollars ($22,388.00), interest in the amount ofThree Thousand Eight Hundred Eighty Eight Dollars and Fifty-six Cents ($3,888.56), late fees in the amount of Fifty Three Dollars and Forty-seven Cents ($53.47), plus reasonable attorney's fees and collection costs. WHEREFORE, Plaintiff Dickinson College demands jlldgment against Parents Joseph Bendock. Jr. and Maxine Bendock in the slim of Twenty Six Thousand Three Hundred Thirty Dollars and Three Cents ($26,330.03), plus interest at the rate indicated on the individual Contract(s), late fees, costs of suit, attorneys' fees and collection costs. COUNTn DICKINSON COLLEGE V. JOSEPH BENDOCK, III BREACH OF CONTRACT 25. Paragraphs I through 24 are incorporated herein by reference as if set forth in full. 26. Student signed the Contract(s) as "Student Cosigner" and in doing so agreed to "repay all amounts due on this loan if the Borrower(s)/Buyer(s) fail to do so in accordance with the terms ofthe Note". 27. Becallse Parents have failed to make payments due causing the Contract(s) to be in default, Student is obligated to repay all amollnts dlle lInder these Contracts. 28. Dickinson has demanded payment of the obligations owed to it by Student under the above Contracts. 29. Student has failed to make such payment. 30. The total amount which has become immediately due an payable to Dickinson by " " c ( . DICKINSON coi.uJ3E fLExIm.E FINANCING SYSIDI - 7000 PLAN EIXJCATIONAL GOODS AND SERVICES RETAIL INSI1\Il.MENI' CONTRAcr Date September 11, 1992 1. Seller: Dickinson College. Carlisle, Pennsylvania 17013 BJyer(sl : ' Joseph A. and Maxine Bendock, Jr, R,R, '1, Box 204A Wyalusing, PA 18853 If there is more than one BJyer, each of you will be obligated. jointly ani sever-aIIy for all sums due and for the performance of all agreements as provided in this Contract. Under the terms of this Fducational Gocds and Services Retai 1 Installment Contract. you have agreed to pay the expenses incurred for goods and services to be provided and. rendered. as the case may be. to Joseph Bendock, III (hereinafter "Student") durin;r hislher enrollment at Dickinson College during the 1992.93 academic year. includin;r tuition, room and board. books and supplies as herein stated. (hereinafter the "Gocds and Services"). The Gocds and Services shall include only tuition. room and board. II. TERMS OF PAYMENr ~.ND PAYMENr SCHEDULE Disclosures Required by Federal Law ANNUAL PERCENTAGE FINANCE CHARGE: AMOUNT FINANCED: TOTAL OF PA'iMENl'S: TOTAL SALE RATE: * Dollar amount Amount of credit Amount paid by PRICE: Cost of credit as credit will provided by BJyer as total of Total cost at yearly rate cost BJyer Dickinson College all scheduled purchase on payments credit. in- cluding down payment of $18,360.00 7,50 % $1,668,25 $ 3,000.00 $ 4,668.25 $ 21,360.00 Rev 9/89 ... , . Number ot paymente 153 *Variable Rate. Late Charge: (: ( Buyer's paymsnt schedule will be as tollows: Amount ot paymsnts Whsn Payments are Due $30.51 Monthly co~eFcing until ~/~8/0~ . 9/28/92 The ANNUAL PERCENTAGE RATE disclosed above is a variable rate and mar change. The ANNUAL PERCENTAGE RATE may increase during the term of this transaction it the prime rate ot interest announced in the Wal~ street Journel as of the close of business on Juns 30 of each calendar year increases, and will be increasad to the prime rate plus l~. The ANNUAL PERCBNTAGE RATE will not increase more than once a year, end the new interest rate will become effsctive on July 1 followinq the increase, if any, in the primo rate of interest. Any increaDe will be in the torm of highsr payment amounts. If your cost of the Goode and Services sold hereunder were $ 3,000,00 at7,52 ' per annwn for 153 IIlOnths, and the prime rate plus U were ncreased to 8.5~ '. your regular monthly payments would increase to $ 3?1~ . Fure er, the ANNUAL PERCENTAGE RATE will not increase to more t an 18' or Buch other rate as may be permitted under the Pennsylvania Goods and Services Installment Sales Act. If a payment is more than 15 days late, a sum equivalent to St of the late payment (but no mors than $2,50 and not less than $1.001 may b. charged. Buyer may prepay the unpaid balance of the Amount Financed and any FINANCE CHARGE due through the date of early payment, in full or i~ part, without penalty. SEE SECTION VI OF THE CONTRACT BELOW FOR ANY ADDITIONAL INFORMATION ABOUT NON-PAYMENr, AND REQUIRED REPAYMENT BEFORE THE SCHEDULED DATE FOR REPAYlIENT OF THE AMOUNT FINANCEn. Prepayment: III. ITEMIZATION OF AMOUNT FINANCED 1. Cash price of Goode and Services: $ 21,360.00 2. Total down payment: 18,360,00 3. Unpaid balance of cash price (1 - 2): 3,000,00 4. Amount paid to others on Buyer's behalf: 0 5. Amount Financed (3 + 41: $ 3,000.00 \ ' c f IV. CREDIT INSURANCE Credit life insurance for the term of this Contract is not required. V. NO WARRANTIES 1HERE ARE NO WARRANTIES, EITHER EXPRESSED OR IMPLIED, GIVEN BY SELLER IN CONNECTION WITH SALE or THE GOODS AND SERVICES COVERED BY THIS CONTRACT UNLESS BUYER HAS BEER GIVBH A SEPARATE WRITTEN WARRANTY, VI. ADDITIONAL PROVISIONS 1, Buyer Agrees to pay Seller the Total Sale Price by making the total down payme~ and paying Seller the Total of Payments in the number and 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 following addreso: First Wachovia, Inc. P.O. Box 70095 Charlotte, NC 2B272-0095 2, Buyer's legal rights include the right to pay all or part of the amounts due m1 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 reinetate the Contract if Buyer timely cures &or default. 3. Buyer shall be deemed to have committed an "Event of Default" of the Contract: upon the occurrence of any of the following: (a) failure to make any paymsnt on or before the dats it is due, (b) failure to make a payment on any other Contract outetanding 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 Buyer of crime involving frlWU[ 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 last known address as shown on Seller's records, advising Buyer of the default and of Buyer's right to cure the default. The notice will provide the time, amount and performance necessary to cure the default. If Buyer does not cure the default as provided in the notice, Seller's rights ehall 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 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 if 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 ehall not cause Sellar to lose any other rights. 6, This Contract is freely assignable by Seller, Buyer agrees that upon recei~ notice of the assignment Buyer shall be obligated to the Assignee of this Contract, which Aseignee shall have all of Seller's right 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 this Contract, which .~ otherwise remain fully effective. 8, APPLICABLE LAW: This Agreement, whenever called upon to be construed, ahall be governed by the domestic internal laws of the Commonwealth of pennsylvania 8Xca~c to the exten~ supplemented, superseded or preempted by federal law. 3 ( c: DICltINSON 'cO~LEGE FLEXIBLE FINANCING SYSTEM - PLAN B EDOCATIONAL GOODS AND SERVICES RETAIL INSTALLMENT CONTRACT Date February 11, 1993 I. Saller, Buyer(s)1 Dickinson College, CarliSle, Penneylvania 17013-2896 Joseph A. and Maxine H. Bendock R.R. #1, Box 204A WyalusinQ. PA 18853 - If thera is more than one Buyer, each of you will be obligated, jointly and severally, for all Dums due and for the performance of all agreements as provided in this Contract. Under the terms of this Educational Goods and Services Retail Installment Contract, you have agread to pay the expenses incurred for goods and services to be provided and rendered, as the casa may be, to Joseph Bendock, III (hereinafter "Student") during his/her enrollment at Dickinson College during the 1qq?_q~ academic year, including tuition, room and board, books and supplies as herein statid (hereinafter the "Goods and Services"), The Goods and Services shall include only tuition, room and board. II, TERMS OF PAYMENT AND PAYMENT SCHEDULE Disclosures Required by Federal Law ANNUAL PERCENTAGE FINANCE CHARGE: AMOUNT FINANCED: TOTAL OF PAYMENTS: TOTAL SALE RATE: · Dollar amount Amount of credit Amount paid by PRICE: Cost of credit as credit will provided by Buyer as total of Total cost of yearly rats cost Buyer Dickinson Collegs all scheduled purchase on payments credit, in- cluding down payment of S 18.860.00 7.50 , $ 1,339.12 $ 2,500.00 $3,839.12 $ 21.360.00 Rev 2./92. ,... \' . ,.. \ Buyer's payment schedule will be as follows. Number of Paymen~e Amount of Payments When Payments are Due 148 $25.94 Monthly commencing un~il 5/28/05 2/28/93 *Variable Ra~el The ANNUAL PERCENTAGE RATE disclo.ed above is a variable rate and mar change. The ANNUAL PERCENTAGE RATE may increase during ~he ~erm of this ~rans~c~ion if the prime rate of interest announced in the Wall Street Journal as of the close of bueinoss on June 30 of each calendar year increases, and will be increased to the prime ra~e plus 1'. Tho ANNUAL PERCENTAGE RATE will not increase more than once a year, and ~he new interes~ ra~e will become effective on July 1 following ~hG increase, if any, in the prime rate of interes~. Any increase will be in the form of higher payment amoun~s. If your cos~ of ~he Goods and Services sold hereunder wers $ ?5~0_nO a~ 7 50 'per annum for ~ mon~hs, and ~he prime rate p us l' were increased ~o 8-5D---t. your regular monthly paymen~s would increase to $27.32 . ~ ~he ANNUAL PERCENTAGE RATE will not increase to more ~han 18' or such other rate as may be permit~ed under ~he Pennsylvania Goods and Se:vLces Installment Sales Act, If 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 lese ~han $1,00) ~y be charged. Buyer may prepay the unpaid balance of the Amount Financed and any FINANCE CHARGE due through the date of early paymen~, in full or in part, without penalty. SEE SECTION VI OF THE CONTRACT BELOW FOR ANY ADDITIONAL INFORMATION ABOUT NON-PAYMENT, AND REQUIRED REPAYMENT BEFORE THE SCHEDULED DATE rOR REPAYMENT OF THE AMOUNT FINANCED. Late Charge I Prepayment. III. ITEMIZATION OF AMOUNT FINANCED 1" Caeh price of Goods and Services: $ 21,360.00 2, Total down payment: 1R,R6n nn 3, Unpaid balance of cash price (1 - 2): 2.500.00 4, Amount paid to others on Buyer's behalf: 0 5, Amount Financed (3 + 4): $ 2,500.00 , ( . (, INSURANCE IV, CREDIT 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 CONRECTI~ WITH SALE OF THE GOODS AND SERVICES COVERED BY THIS CONTRACT UNLESS BUYER HAS BEEN GIVEa A SEPARATE WRITTEN WARRANTY, ! i i I I I I I I I I , I I , I I I I I I I I I 2. VI. ADDITIONAL PROVISIONS 1. Buyer agreeD to pay Seller the Total Sale Price by making the total down payme~ and paying Seller the Total of Payments in the number and amount of monthly payment. shown in the Payment Schedule. Payments are due on or before the eame date of each month.as the first payment date. Payments must be made to ~irat Wachovia, Inc. at the following address: FirDt Wachovia, Inc, P.O, Box 70095 Charlotte, NC 28272-0095 Buyer's legal rights include the right to pay all or part of the amounts due an 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 curee any default. 3. Buyer ehall be deemed to have committed an "Event of Default" of the Contract upon the occurrence of any of 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 outstanding with Seller, (c) failure to perform any other provision of the contract, (d) providing Seller with false information or eignatures, (e) death, incompetence, or conviction of any Buyer of crime involvinq fraud or dishonesty, (f) insolvency or bankruptcy of any Buyer. 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 last known address as shown on Seller's records, advieing Buyer of the default and of Buyer'e right to cure the default, The notice will provide the time, amount and . performance necessary to cure the default. If Buyer does not cure the default as provided in the notice, Seller's righte ehall include the right to declare all sums due on the Contract to be immediately due and payable. The Buyer agrGaB ea. pay all attorney's feee and other reasonable collection costs and charges necessary for the collection of any amount not paid when due. 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 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 ea lose any other rights, This Contract ie freely assignable by Seller, Buyer agrees that upon receiving notice of the assignment Buyer shall be obligated_to the Assignee of this Contract, which Assignee shall have all of Seller's right and remedies. 7, If any part of this Contract is held to be illegal, void or unenforceable, tha~ provision shall be deemed not to have been a part of this Contract, whiCh .halL otherwise remain fully effective, 4. 5, 6. 8, APPLICABLE LAW: Thie Agreement, whenever called upon to be construed, shall be governed by the domestic internal laws of the Commonwealth of Pennsylvani& exc.~ to the extent supplemented, superseded or preempted by federal law. . (7-, . c' " " DICKINSON COLLEGE' FLEXIBLE FINANCING SYSTEM - PL~ B EDUCATIONAL GOODS AND SERVICES RETAIL INSTALLMENT CONTRAC~ Date August 4, 1993 Buyer(s) : Dickinson Collsge, Carlisle, pennsylvania 17013-2896 Joseph A. and Maxine H. Bendock, Jr. RR #1, Box 204A Wvalusinq, PA 18853 I, Seller: 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 as provided in this Contract_ Under the terms of this Educational Goods and services Retail Installment Contract, you have agreed to pay the expenses incu~ed fo~ good, a~d services to be provided and rendered, as the case may be, to ~Oseph ~endOCK, 111 (hereinafter "student-) during his/her enrollment at Dickinson College during the 1q43~4 academic year, including tuition, room and board, books and supplies as herein stated (hereinafter the "Goods and Services"), The Goods and Services shall include only tuition, room and board. II, TERMS OF PAYMENT AND PAYMENT SCHEDULE Disclosures Required by Federal Law ANNUAL PERCENTAGE FINANCE CHARGE: AMOUNT FINANCED: TOTAL OF PAYMENTS: TOTAL SALE RATE: * Dollar amount Amount of credit Amount paid by PRICE: Cost of credit as credit will provided by Buyer as total of Total cost of yearly rate cost Buyer Dickinson College all scheduled purchase on payments credit, in- cluding down payment of S 17,090.00 7.00 " $ 2,096,80 $ 4,500,00 $ 6,596,80 $ 22,590.00 Rev 2/92 Number of Paymente 140 *Variable Rate: Late Charge: Prepayment: f c . . . Buyer's payment schedule will be as follows: Amount of Payments When Payments are Due $47.12 Monthly commencing 9/28/93 until I; I?R In<; The ANNUAL PERCENTAGE RATE disclosed above is a variable rate and may change, The ANNUAL PERCENTAGE RATE may increase during the term of this transaction if the prime rate of intereet announced in the Wall Street Journal as of the close 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 effective on July 1 following tho increase, if any, in the prime rate of intereet. Any increase will be in the form of higher payment amounts. If your cost of the Goods and Services sold hereunder were $4.500.00 at 7,0 \ per annum for ~ months, and the prime rate plus 1\ were increased to 8.0 '. your regular monthly payments would increase to $ 4Q I;~ . Further, the ANNUAL PERCENTAGE RATE will not increase to more t an 18' or euch other rate as may be permitted under the Pennsylvania Goods and Servicea Installment Sales Act, If a payment is more than 15 days late, a sum equivalent to 5' of tho late payment (but no more than $2,50 and not less than $1.00) may be charged. 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 II~FORMATION ABOUT NON-PAYMENT, AND REQUIRED REPAYMENT BEFORE THE SCHEDULED DATE FOR REPAYMENT OF THE AMOUNT FINANCED. III. ITEMIZATION OF AMOUNT FINANCED 1, Cash price of Goods and S~rvices: $ 22.590.00 2. Total down payment: 17,090.00 3, Unpaid balance of cash price (1 - 2): 4,500.00 4, Amount paid to others on Buyer's behalf: 0 5, Amount Financed (3 + 4): $ 4,500.00 . r \~., IV, CREDIT I~SURANCEC:' . Credit life ineurance for the term of thie Contract is not required. V. NO WARRANTIES THERE ARE NO WARRANTIES, EITHER EXPRESSED OR IMPLIED, GIVEN BY SELLER IN CONNECTIO~ WITH SALE or THE GOODS AND SERVICES COVERED BY THIS CONTRACT UNLESS BUYER HAS BEEN G~VEN A SEPARATE WRITTEN WARRANTY, VI, ADDITIONAL PROVISIONS 1, Buyer agrees to pay Seller the Total Sale Price by making the total down paymon~ and paying Seller the Total of Payments in the number and amount of monthly payments Bhown in the payment Schedule, Payments are due on or before the same date of each month aB the first payment date. Payments must be made to ~irBt Wachovia, Inc. at the following address: Firet Wachovia, Inc. P,O, Box 70095 Charlotte, NC 2B272-0095 2. Buyer'S legal righte include the right to pay all or part of the amounts due O~ this Contract in advance of their due dates, to obtain a refund or credit o~ 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. Buyer shall be deemed to have committed an "Event of Default" of the contract upon the occurrence of any of the following: (a) failure to make any payment on or before the date it io 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 Buyer of crime involving fraud or dishoneety, (f) insolvency or bankruptcy of any Buyer. 4, Upon or after the occurrence. of any Event of Default, Seller will provide Bayer with notice, by certified mail ae required by law, addressed to Buyer's last known addrees ae shown on Seller's records, advising Buyer of the default and of Buyer'S right to cure the default. The notice will provide the time, amount and performance necessary to cure the default. If Buyer does not cure the default aa provided in the notice, Seller's rights shall include the right to declare all sume due on the contract to be immediately due and payable, The Buyer 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 ehall not be binding upon seller if Seller should thereafter choose to exercise that or any other right or a similar Event of Default occurs later, All Seller'B 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 receivinq notice of the assignment Buyer shall be obligated to the Assignee of this Contract, which Assignee shall have all of Seller's right 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 this Contract, which shall otherwise remain fully effective. B. APPLICABLE LAW: This Agreement, whenever called upon to be construed, Bhalt be governed by ths domestic internal laws of the Commonwealth of pennsylvania excep~ to the extent supplemented, superseded or preempted by federal law. .. .. C. E: DICKINSON COLLEGE FLEXIBLE FINANCING SYSTEM - PLAN B EDUCATIONAL GOO~S AND SERVICES RETAIL INSTALLMENT CONTRACr . Date January 11, 1994 I, Seller. Dickinson College, carlisle, Pennaylvania 17013-2996 Joseph A, Bendock. Jr. and Maxine H, Bendock RR 11, Box 204A Wyalusing PA 1B853 Buyer(lI) . If thsre 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 as provided in this Contract. Under the terms of this Educational Goods and Services Retail Inetallment Contract. you have agreed to pay the expeneee incurred for goods and servicee to be provided and rendered, as the case may be, to Jos~h Bendock. II (hereinafter "Student") during his/her enrollment at Dickinson College during tho 11111'l_1l4 academic year, including tuition, room and board, books and supplies as herein etatea (hereinafter the "Goods and Services"), The Goods and Services shall include only tuition, room and board, II. TERMS OF PAYMENT AND PAYMENT SCHEDULE Disclosures Required by Federal Law ANNUAL PERCENTAGE FINANCE CHARGE: AMOUNT FINANCED: TOTAL OF PAYMENTS: TOTAL SALE RATE: * Dollar amount Amount of credit Amount paid by PRICE. Cost of credit as credit will provided by . Buyer as total of Total cost of yearly rate cost Buyer Dickinson College all scheduled purchaee on payments credit, in- cluding down payment of $ 21.590.00 7.00 , $ 451 ,12 $ 1,000.00 $ 1,451.12 $ 22,590.00 Rev 2/92 The ANNUAL PERCENTAGE RATE disclosed above is a variable rate and may change. The ANNUAL PERCENTAGE RATE may increase during the term of this transaction if tho prime rate of interest announced in the Wall street Journal as of the close 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 effective on July 1 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 Goode and Services sold hereunder were $ 1,000.00 at 7.00 \ per annum for 1~n months, and the prime rate plus 1\ were increased to 8.00 'F your regular monthly payments would increaee to $ 11 ?1 . ~urther, the ANNUAL PERCENTAGE RATE will not increase to more than 18\ or such other rate as may be permitted under the pennsylvania Goods and services Installment Sales Act. If a payment is more than 15 daye late, a eum equivalent to 5\ of the late payment (but no more than $2.50 and not less than $1.00) may be charged. 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, AND REQUIRED REPAYMENT BEFORE THE SCHEDULED DATE FOR REPAYMENT OF THE AMOUNT FINANCED. . Number of payments 136 ~Variable Rate: Late Charge: prepayment: (.;, ~. .. ." c Buyer's payment schedule will be as follows: Amount of payments When paymente are Due $10.67 Monthly commencing 1/28/94 until 5/?R/05 III. ITEMIZATION OF AMOUNT FINANCED 1, cash price of Goods and Services: $ 22,590.00 2. Total down payment: 21,590.00 3, Unpaid balance of cash price (1 - 2): 1,000.00 4, Amount paid to others on Buyer'S behalf: 0 $, Amount Financed (3 + 4): $ 1,000.00 . , ~, .., ....,. k" ..._",,, . , ( ( 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 CONNECTI~ WITH SALE OF THE GOODS AND SERVICES COVERED BY THIS CONTRACT UNLESS BUlCER HAS SEW caVEli 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 Payments in the number and amount of monthly payments shown in the Payment Schedule, Payments are due on or before the Bama date of each month as the first payment date. Paymente muet bs made to First wachovia, Inc. at the following addrees, 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 a~ this Contract in advance of their due dateR, to obtain a refund or credit of unearned Finance Charge whenever the amount is paid in full in advance, and (with Seller'o consent) to reinstate the Contract if Buyer timsly curee any default, 3. Buyer shall be deemsd to have committed an "Event of Default" of the Contraee upon the occurrence of any of the fOllowing: (a) f.ailure to make any payment on or before the date it is due, (b) failure to make a payment on any other Contract outetanding with Sa1.1.ar, (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 Buyer 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 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 and af Buyer's right to curs the default. The notice will provide the time, amount and performance neceesary to Cure the default. If Buyer does not Cure the default ae provided in the notice, Seller's rights ehall include the right to declare all sums due on the Contract to be immediately due and payable. The Buyer agreee to pay all attorney's fees and other reasonable collection costs and chargee 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 if 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 ia freely assignable by Seller. Buyer agrees that upon receiving notice of the assignment Buyer shall be obligated to the Assignee of this Contract, which Assignee shall have all of Seller's right and remedies. 7. If any part of this Contract is held to be illegal, void or unenforceablo, that provision shall be deemsd not to have been a part of this Contract, which ahaI.L otherwise remain fully effective. 8. APPLICABLE LAW, This Agreement, whenever called upon to be construed, shall b& governed by the domestic internal laws of the Commonwealth of Pennsylvania except to the extent supplemented, superseded or preempted by federal law. :I . € c , ~. " DICKINSON COLLEGE FLEXIBLE FINANCING SYSTEM - PLAN B EDUCATIONAL GOODS AND SERVICES RETAIL INSTALLMENT CONTRACT , ! 'I I I I I , I i November 21, 1994 Seller: I. Dickinson College, Carlisle, Pennsylvania 17013-2S96 Joseph A, & Maxine H. Bendock RR# 1 Box 204A Wyali1sing, PA 18853 Buyer(s) : If there is more than one Buyer, each of you will be obligated, jointly. and severally. for all eums due and for the performance of all agreements as provided in this Contract. Under the terms of this Educational Goods and Services Retail Installment Contraat. you have agreed to pay the expenses incurred for goods and services to be provided and rendered, as the case may be, to Joeeph A. Bendock III (hereinafter "Student") during his/her enrollment at Dickinson College during the 1994-1995 academic year, including tuition, room and board, books and supplies ae herein stated (hereinafter the "Goods and Services"). The Goods and Services shall include only tuition, room and board. II. TERMS OF PAYMENT AND PAYMENT SCHEDULE Disclosures Required by Federal Law ANNUAL PERCENTAGE FINANCE CHARGE: AMOUNT FINANCED: TOTAL OF TOTAL SALE P RATE: * Dollar amount Amount of credit PAYMENTS: PRICE: Cost of credit as credit will provided by' Amount paid by Total cost of yearly rate cost buyer Dickinson College Buyer as total of purchase on all scheduled credit, includin payments down payment af S 15,700.00 8.25 % S 4,020,55 S 8,000.00 S 12,020.55 S 23,700,00 Rev 2/92 .' c . . (oO' .. 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 CONNECTIOK WITH SALE or THE GOODS AND SERVICES COVERED BY THIS CONTRACT UNLESS BUYER HAS BEEN GXVEH 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 Payments in the number and amount of monthly payments shown in the Payment Schedule. Payments are due on or before the .sma date of each month as ths first payment date. Payments must be made to Edu8erv Technologies, Inc. at ~he following address: Eduserv Technologies, Inc. P,O. Box 64974 st. Paul, MN 55164-0974 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 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. Buyer shall be deemed to have committed an "Event of Default" of the Contract upon the occurrence of any of the following: (a) failure to make any payment on or b~fore 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 Buyer of crime involving fraud or dishonesty, (f) insolvency or bankruptcy of any Buyer. 4. Upon or after the occurrence of any Event of Default, Ssller 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 and of Buyer's right to cure the default, The notice will provide the time, amount and performance 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 sums due on the contract to be immediately due and payable. The Buyer 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 if 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 assignment Buyer shall be obligated to the Assignee of this Contract, which Assignee shall have all of Seller's right 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 this contract, which shall otherwise remain fully effective, 8. APPLICABLE LAW: This Agreement, whenever called upon to be construed, shall be governed by the domestic internal laws of the Commonwealth of pennsylvania excepe to the extent supplemented, superseded or preempted by federal law. 3 The ANNUAL PBRCENTAGE RATE disclosed above is a variable rate and may chang The ANNUAL PERCENTAGE RATE may increase during the term of this transaction the prime rate of interest announced in tho Wall Street Journal as of the cle of business on June 30 of each calendar year increases, and will be incr8al to the prime rate plus l~, The ANNUAL PERCENTAGE RATE will not increase me than once a year, and the nsw interest rate will become effective on July following ths increase, if any, in ths prime rate of interest. Any increl will be in the form of higher payment. amounts. If your coat of t.he Goods I Services sold hereunder were $7,000.00 at. 10.00\ per annum for 116 months I t.he prime rate plus 1\ were increased to 11.00\, your regular monthly paymer would increase to $98.26, Further, the ANNUAL PERCENTAGE RATE will not incrol to more than 18' or such ot.her rat.e as may be permitted under the l!ermaylv81 Goods and Services Installment Sales Act. If a payment is more than 15 days late, a sum equivalent to 5\ of the II payment (but no more than $2.50 and not lese than $1.00) may be charged. Buyer may prepay the unpaid balance of the Amount Financed and any I!'IN'lII CHARGE due through the date of early payment, in full or in art. wit:ho penalty. SEE SECTION VI OF TIlE CONTRACT BELOW FOR ANY ADDITIONAL INFORMATION ABOUT NON-PAYMENT, DEFAtrr.'J:'; REQUIRED IlEPAYllENT BEFORE THE SCHEDULED DATE FOR REPAYMENT OF THE AMOUNT FINANCED. . . Number of payment.s 116 *Variab1e Rate: Late Charge: Prepayment: (: . (' Buyer's payment echedule will be ae followe, Amount. of Payments $ 94.37 When Payment.s are Duo Monthly commencing 09/28/95 until OS/28/05 III, ITEMIZATION OF AMOUNT FINANCED 1- Cash price of Goods and Services: $ ~ Total down payment: ~, 3. Unpaid balance of cash price (1 - 2): 4. Amount paid to others on Buyer's behalf, 5. Amount Financed (3 + 4): $ . , r . . r IV. CREDIT IlISUtlANCE, ' , Credit life insurance for the term of thle Contract is not required. V, NO WARRANTIES THERE ARB NO WARRANTIES, EITHER EXPRESSED OR IMPLIED, GIVEN B~ SELLER IN CONNBC'l'IOH WITH SALE 01' THE GOODS AND SERVICES COVERED BY THIS CONTRACT UNLESS BUYER HAS BEEN GIVBH A SEPARATE WRITTEN WARRANTY. VI. ADDITIONAL PROVISIONS 1. Buyer agr... to pay Sellar the Total Sale prica by making the total down paymen~ and paying Seller the Total of Payment. in the number and amount of monthly payment. .hown in the Payment Schedule,. Payment. are due on or before the .ame date of .ach month ao the firot'payment date. Payments muet be made to Kdu.erv Tachnologi.., Inc. at the following addreosl Edu.erv Technologies, Inc. P.O. Box 64974 St. Paul, I~ 55164-0974 2. Buyer'o legal righto include the right to pay all or part of the amounte due on thi. Contract in advanc. of their due datos, to obtain a rofund or credit of unaarnad Finance Charge whenever the amount ia paid in full in advance, and (with Seller'a conaont) to reinstate the Contract if Buyer timely cures any default. 3. Buyer ahall be deemed to have committed an "Event of Default" of the Contrac~ upon the occurrence of any of the following. (a) failure to make any payment on or before the date it ia 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 falee information or aignatures, (e) death, incompetence, or conviction of any Buyer of crime involving fraud or dishoneaty, (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, addreesed to Buyer's last known address as shown on Seller'a records, advising Buyer of the default and of Buyer'a right to cure the default. The notice will provide the time, amount and performance necessary to cure the default. If Buyer does not cure the defaul~ 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 attorney's fees and other reasonable collection costa and chargee 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 if 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 loee any other rights, 6. This Contract ia freely assignable by Seller, Buyer agrees that upon receiving notice of the aesignment Buyer shall be obligated to the Assignee of thia contract, which Assignee shall have all of Seller's right 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 this Contract, which shall otherwise remain fully effective. 8. APPLICABLE LAW. This Agreement, whenever called upon to be construed, shall ba governed by the domestic internal laws of the Commonwealth of Pennsylvania QXcep~ to the extent supplemented, superseded or preempted by federal law. r , 3 'aOI"as Idlanau UJnlal:l Su,sn JOI no~ ~u.4l ~ e ~ cD III a :g ~ oS! -=.... <( CD .2 .~g .: c .... iHl m ~ ~ ~.~ e E S - CD "C CI) lI.l .r: en.. '0 CD 8. ,en 0)0 <( a: JiO.",j!! 0 0 '5 Sl~e '" ~s~ ,..: N 8 N 00 '" ~ <DN .or-- ~ ~. 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'.. . , ,. .. .~~.~~~,~_~_~._l-; ;!l( :~~ [:: ~ill ~"l 21 Jl ~ ~I ;'~L...___. ~\1;r.:;~/;::~(.~ r~~~ '."'1' "&'~V.tl ~ '] . l ~"r'b :,-~ \')..i.4 \;,:'-~I..:IC.D..... i ~~':t_\l\4.'It.. ~ll.l_l"'", '\\~," ,._--~ .\ . ,/ r ,A. -. ! J- 0 t 16 ~ ~cl ll~_/ o 0: w :z: ... e e w o ~ w tug; ,",we ~~a:cr:c LUO....tI)a: a::z:CI)<< C:M:ii:w~ ~l;~a::o l-z::ECu", ~ffi~~~ ~t:c:;~ It==~~~ ~wcnl-Z ~t:oo~ _<z:z:. ~DDD ~ I M Il'l CO CO .:.: ...... ~ ~ l: - CIl <C Cl 00 '<1'.5 CIl 0 en l:N2 .- III XX:>. III 0> :200;> C." l.IJ <:::, I ,J \ '::s -j ~~ ~ ......... UJ ~ ~ a: "2, \"J <t a: ::JM ~, .., o~ a: Uli2 ~~ UJ~ UJ UJ< -'UJ ::Jo' Ot? O. )-0 J:UJ UJ::J ...-' -,'" a:!Q UJ ::J-' UJ ocr s: 0< -; U UJ Z 0 '~\:f . " 'r , " -: - '" ..: j"t' ~;')) '~I 'n j.. ~. 1'\.' Lf.1 Iii:! 'i!:l r' ." K1DW&6 IHfIlMltMt..H'''IJV1U:'^Ir't1~'''Lr Tf.N EA.H Hllill SThl:tr CAIiLl5ll!, )ICNNWl\'ANIA 170 I J ~~"'T ~-~m DICKINSON COLLEGE, PlainlifT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO, 98-3619 CIVIL ACTION-LA W JOSEPH BENDOCK, JR. and MAXINE BENDOCK, h/w and JOSEPH BEN DOCK, III, Dcfcndants JURY TRIAL OF TWELVE DEMANDED PRAECIPE TO ENTER DEFAULT ,JUDGMENT Entcr dcfault judgmcnt in thc abovc-captioncd action in favor of Plaintiff and against DcfcndantsJoscph Bcndock, Jr. and Maxinc Bendock, h/w, in thc amountof$26,OOO.00 plus intcrcst throllgh March 3, 2003, in thc amollnt of$1 8,559.1 8, plus latc chargcs in thc amount of$II.17 for a total of$44,570.35, pIllS costs ofsllit and intcrcst of$5,92 accruing pcr day from March 3, 2003 for Defendants' failurc to filc an answcr to thc Complaint. I do hcreby ccrtify that a writtcnnotice of intention to file this Praecipe (in the fom1 attached hereto) was mailed to the Dcfcndants Joseph Bendock,.Ir. and Maxine Bendock, h/w, at the address indicated thereon, on March 3, 2003, which date was sllbscquent to the date default occurred and at Icast ten (10) days prior to thc date of the Praecipc. MARTSON, DEARDORFF, WILLIAMS & OTTO By David R. Galloway, Esquire I. D, Number 87326 Ten East High Street Carlisle, P A 17013 (717) 243-3341 Attorncys for Plainti ff Dated: March 4, 2003 . 1111 '. II \ I \I III II;, ~ "" ";II I~", ,j '" "..' I .." II.'.II,-,! 1"1"""":""11'\1 J.t"'h,',1 III .~" I "I I- "1 1'\1 1111".'10" DICKINSON COLLEGE, Plaintiff IN TilE caul(/' OF COMMON PLEAS OF CUMIlERLANI1 COUNTY, I'ENNSYLV ANfA v, CIVil, ;\CTION . LA W JOSEPH BENDOCK, .IIt and MAXINE BENDOCK, h/w and JOSEPH BENDOCK, III, Defendanls NO, 'JS-](ill) CIVIL TO: .JOSEPlI BENDOCK, .m., and MAXINE BENDOCK, h/w and .JOSI~PlI BENDOCK, "',DEFENDANTS NOTICE OF INTENTION TO FILE PRAECIPE FOR ENTRY OF DEFAULT .IlJDGMENT YOU ARE IN DEFAULT BECAUSE YOU HA VE FAILED TO TAKE ACTION REQUIRED OF YOU IN THIS CASE. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAYBE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MA Y LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LA WYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP: Cumberland COllnty Bar Association 2 Libcrty Avenue CarlisIc, Pennsylvania 17013 Telcphone (717) 249-3166 MARTSON DEARDO~~'Ft\ ILLIAMS & OTTO -;J!./) \ ~ . (-- ~ By . . David ICGalloway, Esquire Attorney 1.0, No. 87326 Tcn East High Street Carlisle, PA 17013 (717) 243-3341 Attolllcys for Plaintiff Date: .I anllary 28, 2003 0 r.:) n s:; c:; On ...~(:~ ~ ~ \.::> ~\; ~. . '..:; ." -:-0 "-- 7'\ a c. '~ -- ::l'. ........ \i::. 0 r~"..: '.. --'. r vJ -- --= ':'" ._) ...... .'-r' - . \ .~ .<; ~ v.J ~ ). - :<'".;r'l -., 2s J0 "-l C{J ---, r.- ~2'lJ a '-' -< r", ''C ~ ? , - ...... ~ 0- ~ ~, ? """ ~. '.1,'" , ~"., '"' MAltTSuN IIr.AIWOltFf WILU^",'" N OTTU M!2W&O TU-l EAH 1"11';11 STRIT.T CAIU.lSU:, I'I:NN\yIVANIA 17013 _.~.~ " ~, '''~~1Wl1tWl*~~Wli;i<~1't\~:O;Z\.~1fNII1. DICKINSON COLLEGE, Plaintiff IN TI-IE COURT or COMMON PLEAS or CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 98-3619 CIVIL ACTION-LA W JOSEPH BENDOCK, JR. and MAXINE BENDOCK, h/w and JOSEPH BENDOCK, III, Dcfendants JURY TRIAL OF TWELVE DEMANDED PRAECIPE TO DOCUMENT SERVICE PURSUANT TO THE PENNSYLVANIA LONG ARM STATUTE 1 hcrcby certify that a copy of thc Complaint was mailcd to Joseph Bendock, III on March 4, 2003, by ccrtified mail, rcstrictcd dclivcry, retum rcceipt rcqucsted. Attached is the Post Officc rctum rcceipt signed and dated March 12,2003. , WILLIAMS & OTTO -.----.. .~ \ :-~'-\ ) B~.-::::::v' David R. Galloway, Esquire I.D, Number 87326 Ten East High Street Carlisle, PA 17013-3093 (717) 243-3341 Date: March 18, 2003 Attorneys for Plaintiff , :- :- :- ::... n' UI '/1 ,.... 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'V .. ...:;'~ .,~,:; " ':1:/ .'- >;,~. .',,;:;b~<"~ '41. 1 " 'j. MQW&O '. TF.N I~n Hlt;1I S ntH:r CAltWI.E, Pf.NN\Vl\'mIA 170 I J ~~..." , "~aa:1liSo1I .-.._~ DICKINSON COLLEGE, Plainliff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 98-3619 CIVIL ACTION-LAW JOSEPH BENDOCK, JR. and MAXINE BEN DOCK, h/w and JOSEPH BENDOCK, Ill, Defendants JURY TRIAL OF TWELVE DEMANDED TO: JOSEPH BENDOCK, III, Defendant NOTICE OF ENTRY OF DEFAULT JUDGMENT You are hereby notified that on JlIly 17,2003, the following Judgment was entered against YOll in the above-captioned case: in the amount of$26,OOO.00 plus interest throllgh July 17,2003, in the amount of$19,364.30, plus late charges in the amount of$II.17 for a totalof$45,375.47, plus costs of suit and interest accruing at $5.92 per day from July 17,2003, for Defendant's failllre to file an Answer to the Complaint. Date: {:L1 /;1 ,;)CCi J I hereby certify that the name and address of the proper person to receive this notice under Pa, R. Civ. p, 236 is: Mr. Joseph Bendock, III 119 Woodhill Road Bardstown, KY 40004 n c' 0" ~, ~ , ~ ~ ~: .'1.), '. ~ , .. ~ \;'., ~ . :-~. \ , " :>. ~', , ~ ~, ~ .. . .. . . '-- \j \~ .,;..' .. <~ ~ :".) :i.J .'" ....! -< "