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HomeMy WebLinkAbout98-04186 I I , I ~ I il I .~' I tl I I ~ J -- u 'fl. ~, "~~ fir. 'I, i}~ \ \ - - d J o '1 1 - ~ tJ '- c " , ,.' / ,~ 1 i !I ~i I I I I _I . I "I . :) ! 'l <::J i ~' , ...... ) ~ e:.... ~ ~ II. Scction VI. Pamgraph 4 ofthc Contmct(s) providcs that ifan Evcnt of Dclintll ofthc contmct occurs. and is not cnrcd hy thc Buycr pursuant to lhc Noticc of DclilUlt. Dickinson has "thc right to dcclarc all sluns duc on thc contmctto bc immcdiatcly duc and payablc." 12. Lcstcr H. Poris. Parcnt has dcfaullcd on thc Contract(s) by Iililing 10 makc thc rcquircd monthly paymcuts on the Contract(s) due and owing to Dickinson since Septcmher 12,1994. 13. Noticcs wcrc forwardcd to Parcnt informing him of his dclimlt and right to curc such dcfault. 14. Parcnt has failcd to curc such dclimlts. 15. Thcrcforc Dickinson has cxcrciscd its right to dcclarc all slnns duc on thc Contract(s) to bc immcdiatcly duc and payablc. 16. Thc total amount which has bccomc immcdiatcly duc and payablc to Dickinson by Parcnt, Lcster H. Poris pursuant to thc Contract(s) is Six Thousand Two Hundred Nincty Eight Dollars and Sixty-two Ccnts ($6,298.62), which includcs principal in thc amount ofFivc Thousand Ninc Dollars and Scvcnty-eight Cents ($5,009.78), intcrcst inthc amount ofOnc Thousand Onc Hundrcd Fifty Eight Dollars and Two Ccnts ($1,158.02), latc fccs in thc amount ofOnc Hundrcd Thirty Dollars and Eighty- two Ccnts ($130.02), plus rcasonablc attorney's Ices and collcction costs. WHEREFORE, PlaintifrDickinson Collcgc dcmandsjudgment against Parcnt Lcstcr H. Poris in the sum of Six Thousand Two Hundrcd Nincty Eight Dollars and Sixty-two Ccnts ($6,298.62), plus intcrcst at thc ratc indicated on thc individual Contract(s), latc fecs, costs of suit, attorncys' fees and collcction costs. VERIFICATION Suhjcct to thc penallics of 18 Pa. C.S. ~4904rclating to unsworn Ihlsilication to authorities. I hcrcby ccrtify that I am Thomas 13. Meyer, Assistant TrcasurcrofDickinson College, and am authorized to verify this Complainl on its bchalf: and furthcr, thatthc f.1cts sct forth inthc foregoing Complainl arc truc and ~ .... "~'-"~',"'" "'''~''''7'''''_'C':'':"'" eorrcct to thc bcst of my information and belie!: Datcd: fll fi I "i /:' , , <.~)/)) /" "/.c' Thomas 13. Mcycr.) ~ II "'. ( f DICKINSON COLLEGE FLEXIBLE FINANCING SYST~I - 2500 P~~ EDUCATIONAL GOODS AND SERVICES RETAIL INSTALLNENT CONTRACT Date March 1, 1985 I. Seller: Dickinson College, Carlisle, Pennsylvania 17013 Buyer(s): Lester Poris 11329 Little Patuxent Pkwy., Columbia, MD 21044 If there is more than one Buyer, each of you will be obligated, jointly and severally, for all Sums due ann 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 Ellen (hereinafter "Student") during his/her enrollment at Dickinson College during the 1984-85 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 the following: Tuition and room and board. II. TERMS OF PAYMENT AND PAYMENT SCHEDULE Disclosures Required by Federal Law ~:' ~~1 { ANNUAL FINANCE AMOUNT FINANCED: TOTAL OF TOTAL SALE PERCENTAGE CHARGE: Amount of credit PAYMENTS: PRICE: RATE: Dollar Amount provided by Amount paid Total cost of Cost of credit credit will Dickinson College by Buyer as pu rchas e .on as yearly rate cost Buyer total of all credit, in- scheduled eluding down Prior to repay- payments payment of ment: 11. 000% $ 8.640.00 During repay- ment: 10.999% $ 960.96 $ 2,400.00 $3,360.96 (' r IV. CREDIT INSURANCE Credit life insurance ror 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 lIAS BEEN GIVEN A SEPARATE WRITTEN WARRANTY. VI. ADDITIONAL PROVISIONS 1. Buyer agrees to pay Seller the Total Sale Price by making the total down payment and paying Seller the Total of 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 Industrial Valley Bank at the following address: Industrial Valley Bank P.O. Box 433 Upper Darby, Pennsylvania 19082 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 or the Contract, (d) providing Seller with false information or signatures, (e) death, incompetence, or conviction of any Buyer of crime in- volving fraud or dishonesty, (f) insolvency or bankruptcy of any Buyer. 4. Upon or after the occurrence or any Event of Default, Seller will provide Buyer with notice, by certiried mail as required by law, addressed to Buyer's last known address as shown on Seller's records, advising Buyer of the default and or Buyer's right to cure the derault. The notice will provide the time, amount and perrormance 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. -3- j: " :1\ J li~ 1 T,. d. X' . J :,', (.T~, I' Ii " (; . ( (' aCT 2 3 19S5 DICKINSON COLLEGE FLEXIBLE FINANCING SYSTEM - 2500 PLAN EDUCATIONAL GOODS AND SERVICES RETAIL INSTALLMENT CONTRACT /: .,' I. Date Au!\ust 1, 1985 I. Seller: Dickinson College, Carlisle, Pennsylvania 17013 Buyer(s): Lester and Barbara Paris 11329 Little Patuxent Pkwy., Columbia, HD 21044 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 Ellen (hereinafter "Student") during his/her enrollment at Dickinson College during the 1985-86 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 the following: Tuition and room and board II. TERMS OF PAYMENT AND PAYMENT SCHEDULE Disclosures Required by Federal Law ANNUAL FINANCE AMOUNT FINANCED: TOTAL OF TOTAL SALE PERCENTAGE CHARGE: Amount of credit PAYMENTS: PRICE: RATE: Dollar Amount provided by Amount paid Total cost of Cost of credit credit will Dickinson College by Buyer as purchase on as yearly rate cost Buyer total of all credit, in- scheduled eluding down Prior to re~ay- payments pa~ment of ment: 11.0 0 % $ ,630.00 During repact;- 1,459.16 2,500.00 3,959.16 ment: 10.9 6 % $ $ $ $ 12,130.00 ( r. Buyer's payment schedule will be as follows: Number of Pa ments Amount of Pa ents When Pa ments Are Due 20 22.92 monthly commencing October 1, 1985, and continuing until May 1, 1987 or such time as Student is no long- er enrolled at Dickinson (or in an approved full-time off-campus pro- gram of studies), whichever is earlier. 72 47.58 monthly commencing June I, 1987 or such time as Student is no longer enrolled at Dickinson (or in an approved full-time off-campus program of studies),. whichever is earlier. 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. 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. Payments greater than the payoff amount but less than $3.00 will not be refunded. 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: $ 12,130.00 2. Total down payment: 9,630.00 3. Unpaid balance of cash price (1 - 2): 2,500.00 4. Amount paid to others on Buyer's behalf: .00 5. Amount Financed (3 + 4): $ 2,500.00 -2- (' 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 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 SeUer 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 Industrial Valley Bank at the following address: Industrial Valley Bank P.O. Box 433 Upper Darby, Pennsylvania 19082 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 counnitted 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 in- volving fraud or dishonesty, (f) insolvency or bankruptcy of any Buyer. 4. Upon or after the occurrence of any Event of Default, Seller will provide Buyer with notice, by certified mail as required by law, addres~ed 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; -3- c c 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 rights and remedies. 7. If any part of this Contract is held to be illegal. void or unenforceable, that provision ,shall be deemed not to have been a part of this Contract. which shall otherwise remain fully effective. 8. The laws of the Commonwealth of Pennsylvania shall apply to this Con- tract except to the extent supplemented, superseded or pre-empted by federal law. 9. This Contract shall be binding upon the parties hereto, their heirs, successors, assigns and legal representatives. 10. TIME IS OF THE ESSENCE OF THIS CONTRACT. NOTICE: ANY HOLDER OF THIS CONSUMER CREDIT CONTRACT IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH THE DEBTOR COULD ASSERT AGAINST THE SELLER OF 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) RECEIVING A COMPLETED COPY OF THIS CONTRACT AND INTEND(S) TO B i'r:.EGALL BjUND BY ITS TERMS. n." - r:~. ...-l-' ;:..-n..I...J "'L '.-:-J 1.;, ..).;~ 1..<1.. ,........... \- \.~ BUYER(S) : DATE: DICKINSON COLLEGE IV I~ I~~ By /~Ld/:J JtL -4- /D~~ ~ ~ .J\ '-.\ \) --.()(t"'-J :z ~ C) -. rV e:f ct" G CS' ~l-,,,, ~ et: " n rI - I , ~.~ , -"1 , ") , ~ ) ,i\ , ',-j , :.:.; i r-I " -, :~'~ (') '0 0 ~ :::0 'n .j i 1::- :;J ;~ , ./") , ;1 ..,., r~ '- " :,1 lJ) :"1 0 f-'~ , ,S -, :~ :~:? ,- -c, , ,-', ..,., (') ". r:-:) ~"":rn - U ...:.. 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I ,I DICKINSON COLLEGE, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION. LAW LESTER H, PORIS and BARBARA PORIS, h/w and ELLEN PORIS, Defcndants NO. COMPLAINT 1. Plaintiff Dickinson College ("Dickinson") is a Pcnnsylvania cducational institution with its principal offices located in Carlisle, Pennsylvania 17013. 2. Defendants Lester H. Poris and Barbara Poris, h/w ("Parents") arc adult individuals whose last known address is 11329 Little Patuxent Parkway #315, Columbia, Maryland 21044. 3. Defendant Ellen Poris ("Student") is an adult individual whose last known address is 178 I 3 Crickett Hill Drive, Germantown, Maryland 20874. 4. ' On or about February 5, 1985, Parent, Lester H. Poris entered into an Educational Goods and Services Rctail Installment Contract ("First Contract") for expenses incurred for goods and services to be provided and rendered to his daughter Ellen Poris by Dickinson during the 1984-85 academic year. A true and correct copy of the contract is incorporated by reference and attached as Exhibit "A". 5. On or about October 7, 1985, Parents, Lester H. Poris and Barbara Poris entered into an Educational Goods and Services Retail Installment Contract ("Second Contract") for expenses incurred for goods and services to be provided and rcndered to their daughter Ellen Poris by Dickinson during the 1985-86 academic year. A true and correct copy of the contract is incorporated by reference and attached as Exhibit "B". I, II. Scction VI, Parugraph 4 of the Contract(s) provides that ifan Evcnt of Dcfault ofthc contract occurs, and is not cured by thc Buyer pursuant to the Notiec of Dcfault, Dickinson has "thc right to dcclare all sums due on thc contract to be immcdiatcly due and payablc," 12. Lester H. Paris, Parent has defaultcd on the Contract(s) by failing to makc the rcquired monthly paymcnts on the Contract(s) due and owing to Dickinson sincc Scptcmbcr 12, 1994. 13. Notices were forwarded to Parent informing him of his dcfault and right to curc such default. 14. Parent has failed to cure such defaults, 15. Therefore Dickinson has exercised its right to dcclare all sums due on the Contract(s) to be immediately due and payable. 16. Thc total amount which has become immediately due and payable to Diekiason by Parent, Lester H. Poris pursuant to the Contract(s) is Six Thousand Two Hundred Ninety Eight Dollars and Sixty-two Cents ($6,298.62), which includes principal in the amount of Five Thousand Nine Dollars ancl Seventy-eight Cents ($5,009.78), interest in the amount of One Thousand One Hundred Fifty Eight Dollars and Two Cents ($1,158.02), late fees in the amount of One Hundred Thirty Dollars and Eighty- two Cents ($130.02), plus reasonable attorney's fees and collection costs, WHEREFORE, Plaintiff Dickinson College demands judgment against Parent Lester H. Poris in the sum of Six Thousand Two Hundred Ninety Eight Dollars and Sixty-two Cents ($6,298,62), plus intcrest at the rate indicated on the individual Contract(s), late fees, costs of suit, attorneys' fees and collection costs. . a "0 r (" DICKINSON COLLEGE FLEXIBLE FINANCING SYSTEM - 2500 P~~ EDUCATIONAL GOODS AND SERVICES RETAIL INSTALLMENT CONTRACT Date March 1, 1985 1. Seller: Dickinson College, Carlisle, Pennsylvania 17013 Buyer (5): Lester Poris 11329 Little Patuxent Pkwy., Columbia, MD 21044 If there is more than one Buyer, each of you will be obligated, jointly and severally, for all sums due ann 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 Ellen (hereinafter "Student") during his/her enrollment at Dickinson College during the 1984-85 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 the following: Tuition and room and board. II. TERMS OF PAYMENT AND PAYMENT SCHEDULE Disclosures Required by Federal Law ANNUAL FINANCE AMOUNT FINANCED: TOTAL OF TOTAL SALE PERCENTAGE CHARGE: Amount 0 f credit PAYMENTS: PRICE: RATE: Dollar Amount provided by Amount paid Total cost of Cost of credit credit will Dickinson College by Buyer as purchase on I as yearly rate cost Buyer total of all credit, in- , scheduled eluding down ! Prior to repay- payments payment of , I ment: 11.000% $ 8 .640.00 I During repay- ment: 10.999% $ 960.96 $ 2,400.00 $ 3,360.96 $ 11 ,040.00 ..' (' r Buyer's payment schedule will be as follows: Number of Pa ments Amount of Pa ments When Pa ments Are Due 25 22.00 monthly commencing April 1, 1985, and continuing until May 1, 1987 or such time as Student is no long- er enrolled at Dickinson (or in an approved full-time off-campus pro- gram of studies). whichever is earlier. 72 45.68 monthly commencing June 1, 1987 or such time as Student is no longer enrolled at Dickinson (or in an approved full-time off-campus program of studies), whichever is earlier. 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. 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, 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: $11.040.00 8,640.00 2,400.00 .00 $ 2,400.00 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): -2- .. c r IV. CREDIT INSURANCE Credit life insurance for the term of this Contract is not required. V. NO WARRANTIES THER~ 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 are due on or before the same date of each month as the first payment date. Payments must be made to Industrial Valley Bank at the following 'address: Industrial Valley Bank P.O. Box 433 Upper Darby, Pennsylvania 19082 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 ul!earned 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 in- volving fraud or dishonesty, (f) insolvency or bankruptcy of any Buyer. 4. Upon or after the occurrence of any Event of Default, Seller will 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. -3- .' . . r c. 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 rights and remedies. 7. If any part of this Contract is held to be illegal, void or unenforceable. that provision shall be deemed not to have been a part of this COntract, which shall otherwise remain fully effective. 8. The laws of the Commonwealth of Pennsylvania shall apply to this Con- tract except to the extent supplemented, superseded or pre-empted by federal law. 9. This Contract shall be binding upon the parties hereto, their heirs, successors, assigns and legal representatives. 10. TIME IS OF THE ESSENCE OF THIS CONTRACT. NOTICE: ANY HOLDER OF THIS CONSUMER CREDIT CONTRACT IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH THE DEBTOR COULD ASSERT AGAINST THE SELLER OF 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) RECEIVING CONTRACT AND INTEND(S) TO BE L GA COpy OF THIS ITS TERMS. BUYER(S) : DATE: DICKINSON COLLEGE 2 !.s./I, s:- f . ~~Jj 'JiL By -4- c f OCT ~ 3 1m DICKINSON COLLEGE FLEXIBLE FINANCING SYSTEM - 2500 PLAN EDUCATIONAL GOODS AND SERVICES RETAIL INSTALLMENT CONTRACT Date Augus t 1, 1985 I. Seller: Dickinson College, Carlisle, Pennsylvania 17013 Buyer (s): Lester and Barbara Poris 11329 Little Patuxent Pkwy., Columbia, HD 21044 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 Ellen (hereinafter "Student") during his/her enrollment at Dickinson College during the 1985-86 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 the following: Tuition and room and board II. TERMS OF PAYMENT AND PAYMENT SCHEDULE Disclosures Required by Federal Law ANNUAL FINANCE AMOUNT FINANCED: TOTAL OF TOTAL SALE PERCENTAGE CHARGE: Amount of credit PAYMENTS: PRICE: RATE: Dollar Amount provided by Amount paid Total cost of Cost of credit credit will Dickinson College by Buyer as purchase on as yearly rate cost Buyer total of all credit, in- scheduled cluding down Prior to re&ay- payments pa~ment of ment: 11.0 0 % $ ,630.00 During repa?t 1,459.16 ment: 10.9 6 % $ $ 2,500.00 $_3,959.16 $ 12,130.00 (' ~ \.... : Buyer's payment schedule will be as follows: Number of Pa ments Amount of Pa ments When Pa ments Are Due 20 22.92 monthly commencing October 1, 1985, and continuing until Hay L, L967 or such time as Student is no long- er enrolled at Dickinson (or in an approved full-time off-campus pro- gram of studies), whichever is earlier. 72 47.58 monthly commencing June I, 1987 or such time as Student is no longer enrolled at Dickinson (or in an approved full-time off-campus program of studies) " whichever is earlier. 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. 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. Payments greater than the payoff amount but less than $3.00 will not be refunded. 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: $ 12,130.00 2. Total down payment: 9,630.00 3. Unpaid balance of cash price (1 - 2): 2,500.00 4. Amount paid to others on Buyer's behalf: .00 5. Amount Financed (3 + 4): $ 2,500.00 -2- . c r .' IV. CREDIT INSURANCE Credit life insurance for the term of this Contract is not required. V. NO WARRANTIES THERE ARE NO W~IES. 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 WRITIEN 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 Industrial Valley Bank at the following address: Industrial Valley Bank P.O. Box 433 Upper Darby, Pennsylvania 19082 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 in- volving fraud or dishonesty, (f) insolvency or bankruptcy of any Buyer. 4. Upon or after the occurrence of any Event of Default, Seller will 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. -3- USTED DEI3E LLEVAR ESTE DOCUMENTO A SU MlODAOO IMMEDIATAMENTE. SI USTED NO TIENE UN ABOOADO 0 NO PUEDE PAGARLE A UNO, LLAME 0 VAYA A LA SIGUIENTE OFICINA PARA A VERIOUAR DONDE PUEDE ENCONTRAR ASISTENCIA LEGAL. CUII/ber/alll/ Coullty Bar ASSllc;atioll 2 Liberty A,'elllle Car/isle, PA 17013-3387 Telep/lOlIe: (717) 249-3/66 MCNdE~',W~LL, ACE & N~!~K ro.. \ '--...... " By '" ",-__ '\.,~,,~ F: Stephenson Matthes Attorney I.D, No.67408 100 Pine Street P. O. Box 1166 Harrisburg, P A 17108-1166 (717) 232-8000 Atlol'l1eys for Plaintiff Dickinson College 11. Scction VI, Pam graph 4 ofthc Contract(s) provides that if an Event of Dcfault ofthc contract occurs, and is not clll'ed by thc l3uycr pursuant to the Notice of Default, Dickinson has "thc right to dcclare all SlltllS duc on the contract to be immediatcly duc and payable." 12. Lestcr H. Paris, Parent has dcfaulted on the Contract(s) by failing to makc the requircd monthly payments on the Contract(s) due and owing to Dickinson sincc September 12, 1994. 13. Notices werc forward cd to Parent informing him of his dcfault and right to curc such dcfault. 14. Parent has failcd to curc such defaults. 15. Therefore Dickinson has cxcrcised its right to declare all sums duc on the Contract(s) to be immediately due and payable. 16. The total amount which has becomc immediatcly due and payable to Dickinson by Parent, Lester H. Poris plll'suant to the Contract(s) is Six Thousand Two Hundred Ninety Eight Dollars and Sixty-two Cents ($6,298,62), which includes principal in the amount of Fivc Thousand Nine Dollars and Seventy-eight Cents ($5,009.78), interest in the amount of One Thousand One Hundred Fifty Eight Dollars and Two Cents ($1,158.02), late fces in the amount of One Hundred Thirty Dollars and Eighty- two Cents ($130.02), plus reasonable attorney's fees and collection costs. WHEREFORE, Plaintiff Dickinson College demands judgment against Parent Lcster H. Poris in the sum of Six Thousand Two Hundred Ninety Eight Dollars and Sixty-two Cents ($6,298.62), plus interest at the ratc indicated on the individual Contract(s), late fces, costs of suit, attorneys' fees and collection costs. 23. Notices wcrc forwardcd to Parcnt informing her ofhcr default and right to curc such dcfault. 24. Parcnt has failed to cure such defaults. 25. Thereforc Dickinson has cxcrciscd its right to declarc all silins due on thc Contract(s) to 26. Thc total amount which has beeomc immcdiately due and payable to Dickinson by , ,I ,! i , bc immediately duc and payable. COUNT III DICKINSON COLLEGE V. ELLEN PORIS IN OUANTUM MER VlT Parcnt, Barbara Poris pursuant to thc Contraet(s) is Five Thousand Six Hundrcd Threc Dollars and Eighty-two Ccnts ($5,603.82), which includes principal in thc amount of Two Thousand Fivc Hundred Dollars ($2,500.00), intcrcst in the amount of Two Thousand Nine Hundred Seventy Thrce Dollars ($2,973.00), latc fecs in thc amount ofOnc Hundred Thirty Dollars and Eighty-two Cents ($130.82), plus reasonable attorncy's fees and collcction costs. WHEREFORE, Plaintiff Dickinson Collegc demands judgment against Parent Barbara Poris in the sum of Five Thousand Six Hundred Thrce Dollars and Eighty-two Cents ($5,603,82), plus interest at the ratc indicated on thc individual Contract(s),late fecs, costs of suit, attorneys' fees and collection costs. f r In the alternative, if this Honorable Court should dctermine that an express contract between Dickinson and Student does not exist, which is denied, Dickinson pleads the following Court In Quantum Meruit, f . , 't, ( r '. DICKINSON COLLEGE FLEXIBLE FINANCING SYSTEM - 2500 P~~ EDUCATIONAL GOODS AND SERVICES RETAIL INSTALLMENT CONTRACT Date March 1, 1985 I. Seller: Dickinson College, Carlisle, Pennsylvania 17013 Buyer (s): Lester Poris 11329 Little Patuxent Pkwy., Columbia, MD 21044 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 Ellen (hereinafter "Student") during his/her enrollment at Dickinson College during the 1984-85 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 the following: Tui tion and room and board. II. TERMS OF PAYMENT AND PAYMENT SCHEDULE Disclosures Required by Federal Law ANNUAL FINANCE AMOU1lT FINANCED: TOTAL OF TOTAL SALE PERCENTAGE CHARGE: Amount of credit PAYMENTS: PRICE: RATE: Dollar Amount provided by Amount paid Total cost of Cost of credit credit will Dickinson College by Buyer as purchase on as yearly rate cost Buyer total of all credit, in- scheduled cluding down Prior to repay- payments payment of ment: 11.000% $ 8.640.00 ,During repay- ment: 10.999% $ 960.96 $ 2,400.00 $3,360.96 $ 11,040.00 '. (' 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 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 Industrial Valley Bank at the following 'address: Industrial Valley Bank P.O. Box 433 Upper Darby, Pennsylvania 19082 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 cormnitted 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 in- volving fraud or dishonesty, (f) insolvency or bankruptcy of any Buyer. 4. Upon or after the occurrence of any Event of Default, Seller will 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. -3- ( f OCT 2. 3 93S DICKINSON COLLEGE FLEXIBLE FINANCING SYSTEM - 2500 PLAN EDUCATIONAL GOODS AND SERVICES RETAIL INSTALLMENT CONTRACT Date AURuS t I, 1985 I. Seller: Dickinson College, Carlisle, Pennsylvania 17013 Buyer (5) : Lester and Barbara Poris 11329 Little Patuxent Pkwy., Columbia, ND 21044 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 Ellen (hereinafter "Student") during his/her enrollment at Dickinson College during the 1985-86 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 the following: Tuition and room and board II. TERMS OF PAYMENT AND PAYMENT SCHEDULE Disclosures Required by Federal Law ANNUAL FINANCE AMOUNT FINANCED: TOTAL OF TOTAL SALE PERCENTAGE CHARGE: Amount of credit PAYMENTS: PRICE: RATE: Dollar Amount provided by Arnoun t paid Total cost of Cost of credit credit will Dickinson College by Buyer as purchase on as yearly rate cost Buyer total of all credit, in- scheduled eluding down Prior to recliay- payments pa~ment of ment: 11.00% $ ,630.00 During repa?;- 1,459.16 2,500.00 ment: 10.9 6 % $ $ $ 3,959.16 $ 12,130.00 (" r. \". Buyer's payment schedule will be as follows: Number of Pa ments Amount of Pa ents When Pa ments Are Due 20 22.92 monthly commencing October I, 1985, and continuing until Hay 1, 19t11 or such time as Student is no long- er enrolled at Dickinson (or in an approved full-time off-campus pro- gram of studies), whichever is earlier. 72 47.58 monthly commencing June I, 1987 or such time as Student is no longer enrolled at Dickinson (or in an approved full-time off-campus program of studies),. whichever is earlier. Late charge: If a payment is more than 15 days late, a sum equivalent to 57- of the late payment (but no more than $2.50 and not less than $1.00) may be charged. Prepayment: Buyer may prepay the unpaid balance of the Amount Financed and any FINANCE CHARGE due through the date of early payment, in full or in part, without penalty. Payments greater than the payoff amount but less than $3.00 will not be refunded. SEE SECTION VI OF THE CONTRACT BELOW FOR ANY ADDITIONAL INFORMATION ABOUT NON- PAYMENT, DEFAULT AND REQUIRED REPAYMENT BEFORE THE SCHEDULED DATE FOR REPAYMEN1: OF THE AMOUNT FINANCED. III. ITEMIZATION OF AMOUNT FINANCED 1. Cash price of Goods and Services: $ 12,130.00 2. Total down payment: 9,630.00 3. Unpaid balance of cash price (1 - 2): 2,500.00 4. Amount paid to others on Buyer's behalf: .00 5. Amount Financed (3 + 4): $ 2,500.00 -2- c 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 CONNECTION WITH SALE OF THE GOODS AND SERVICES COVERED BY THIS CONTRACT UNLESS BUYER lIAS BEEN GIVEN A SEPARATE WRITTEN WARRANTY. VI. ADDITIONAL PROVISIONS 1. Buyer agrees to pay Seller the Total Sale Price by making the total down payment and paying Seller the Total of 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 Industrial Valley Bank at the following address: Industrial Valley Bank P.O. Box 433 Upper Darby, Pennsylvania 19082 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 cOllllIlitted 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 in- volving fraud or dishonesty, (f) insolvency or bankruptcy of any Buyer. 4. Upon or after the occurrence of any Event of Default, Seller will 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. -3- . c c 5. Waiver by Seller of any event of default shall not be binding upon Seller if Seller should thereafter choose to excrcise 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 rights and remedies. 7. If any part of this Contract is held to be illegal. void or unenforceable. that provision ,shall be deemed not to have been a part of ,this Contract, which shall otherwise remain fully effective. 8. The laws of the Commonwealth of Pennsylvania shall apply to this Con- tract except to the extent supplemented. superseded or pre-empted by federal law. 9. This Contract shall be binding upon the parties hereto. their heirs. successors, assigns and legal representatives. 10. TIME IS OF THE ESSENCE OF THIS CONTRACT. NOTICE: ANY HOLDER OF THIS CONSUMER CREDIT CONTRACT IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH THE DEBTOR COULD ASSERT AGAINST THE SELLER OF 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 TRE FULL AMOUNT DUE AND UNDER CERTAIN CONDITIONS TO OBTAIN A PARTIAL REFUND OF THE FINANCE CHARGE. BUYER(S) ACKNOWLEDGE (S) RECEIVING A ~OMPLETED COPY OF THIS CONTRACT AND INTEND(S) TO BE ,~EGALL BjUND BY ITS TERMS. BU'lER (S): ~'U- ~J.f..1..; ~ \'. I. '.,-) ~ ,;_1..J.1~ \ ~..~ DATE: DICKINSON COLLEGE IV 1-] I~S' By /~~J:J Y;i'. -4- DICKINSON COLLEGE, PllIintilT : IN TIlE COUf('/' OF COMMON PI.EAS : CUMBERLAND COUNTY. PENNSYI.V ANIA v. CIVIL ACTION -I.A W LESTER II. PORIS and BARBARA PORIS, h/wand ELLEN PORIS, DcJcndilllls NO. 98-4186 PRAECII'E TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Counsclmovcs thc Court to rcinstatc thc Complaint in thc above-captioned mattcr which was filcd on or about July 22, 1998, to bc ablc to obtain servicc ofthc Complaint upon Lcstcr H. I'oris and Barbara Poris, h/w, Dcfcndants. By '. Stcphenson Malt les Attorncy I.D. No.67408 100 Pinc Strcet P. O.l3ox 1166 Harrisburg, P A 17108-1166 (717) 232-8000 Attorneys for Plaintiff Dickinson Collegc