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HomeMy WebLinkAbout03-1727F: \FILES\DATAFILE\Dickinson College 7619\DickinsonCollegeCollections7619~?\Documents\?~5 coml/drg Created: 3/17/03 9:25:57 PM Revised: 4/15/03 10:48:11 AM 7619c.16 DICKINSON COLLEGE, · Plaintiff · Vo JOEL & PATRICIA KLEIN, H/W, CYNTHIA KLEIN, & VICTORIA KLEIN Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA · CIVIL ACTION-LAW JURY TRIAL OF TWELVE DEMANDED NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiffs. You may lose money or property or other fights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE· 1~ YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP: Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 MAg., TSON DEARD_,O.I~F '~ftLI, David R. Galloway,X'F~ir~'' I.D. No. 87326 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attomeys for Plaintiff pAMS & OTTO DICK/NSON COLLEGE, Plaintiff JOEL & PATRICIA KLEIN, H/W, CYNTHIA KLEIN, & VICTORIA KLEIN Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. Oa-, Z 7 CIVIL ACTION-LAW JURY TRIAL OF TWELVE DEMANDED COMPLAINT AND NOW, comes Plaintiff Dickinson College by and through its attomeys, MARTSON DEARDORFF WILLIAMS & OTTO, and hereby avers as follows: 1. Plaintiff Dickinson College is a Pennsylvania educational institution and nonprofit corporation with its principle place of business at West Street, Post Office Box 1773, Carlisle, Cumberland County, Pennsylvania 17013. 2. Defendants Joel and Patricia Klein are adult individuals residing as husband and wife, (hereinafter "Parents'), with a last known address of 27 Francis Drive, Coraopolis, Allegheny County, Pennsylvania. 3. Defendant Cynthia Klein ,(hereinafter "Cynthia"), is an adult individual with a last known address of 1000 Dorothy Street, 104, Coraopolis, Allegheny County, Pennsylvania. 4. Defendant Victoria Klein, (hereinafter "Victoria"), is an adult individual with a last known address of 27 Frances Drive, Coraopolis, Allegheny County, Pennsylvania. 5. On or about October 3, 1994, Parents and Cynthia entered into a Promissory Note (Note #1) with Plaintiff. A copy of Note #1 is attached hereto as Exhibit "A." 6. Note #1 provided for the financing of $4,500.00, plus interest and costs by Parents on their own behalf, for expenses incurred and rendered to their daughter, Cynthia, by Plaintiff. 7. On or about December 14, 1994, Parents and Cynthia, entered into a Promissory Note (Note #2) with Plaintiff. A copy of Note #2 is attached hereto as Exhibit "B." 8. Note #2 provided for the financing of $4,600.00, plus interest and costs by Parents on their own behalf, for expenses incurred and rendered to their daughter, Cynthia, by Plaintiff. 9. On or about October 4, 1995, Parents and Cynthia entered into a Promissory Note (Note #3) with Plaintiff. A copy of Note #3 is attached hereto as Exhibit "C." 10. Note #3 provided for the financing of $3,500.00, plus interest and costs by Parents on their own behalf, for expenses incurred and rendered to their daughter, Cynthia, by Plaintiff. 11. On or aboutFebmary 13, 1996, Parents and Cynthia entered into aPromissoryNote (Note //4) with Plaintiff. A copy of Note//4 is attached hereto as Exhibit "D." 12. Note//4 provided for the financing of $3,500.00, plus interest and costs by Parents on their own behalf, for expenses incurred and rendered to their daughter, Cynthia, by Plaintiff. 13. On or about December 4, 1996, Parents and Cynthia entered into a Promissory Note (Note #5) with Plaintiff. A copy of Note #5 is attached hereto as Exhibit "E." 14. Note #5 provided for the financing of $5,622.00, plus interest and costs by Parents on their own behalf, for expenses incurred and rendered to their daughter, Cynthia, by Plaintiff. 15. On or about September 30, 1997, Parents and Cynthia entered into a Promissory Note (Note #6) with Plaintiff. A copy of Note #6 is attached hereto as Exhibit "F." 16. Note #6 provided for the financing of $8,160.00, plus interest and costs by Parents on their own behalf, for expenses incurred and rendered to their daughter, Cynthia, by Plaintiff. 17. On or about May 12, 1999, Parents and Victoria entered into a Promissory Note (Note #7) with Plaintiff. A copy of Note #7 is attached hereto as Exhibit "G." 18. Note #7 provided for the financing of $7,200.00, plus interest and costs by Parents on their own behalf, for expenses incurred and rendered to their daughter, Victoria, by Plaintiff. 19. Onorabout May 12, 1999, Parents and Cynthia entered into a PromissoryNote (Note #8) with Plaintiff. A copy of Note #8 is attached hereto as Exhibit "H." 20. Note #8 provided for the financing of $1,056.00, plus interest and costs by Parents on their own behalf, for expenses incurred and rendered to their daughter, Cynthia, by Plaintiff. 21. On or about August 30, 1999, Parents and Victoria entered into a Promissory Note (Note #9) with Plaintiff. A copy of Note #9 is attached hereto as Exhibit "I." 22. Note #9 provided for the financing of $9,000.00, plus interest and costs by Parents on their own behalf, for expenses incurred and rendered to their daughter, Victoria, by Plaintiff. 23. Plaimiffhas fulfilled, performed and complied with all obligations and conditions of all Notes. COUNT I DICKINSON COLLEGE V. JOEL, PATRICIA, & CYNTHIA KLEIN BREACH OF CONTRACT 24. Plaintiff hereby incorporates by reference the averments comained in Paragraphs 1 through 23 of this Complaint. 25. Parents and Cynthia breached the expressed and implied obligations, conditions and terms of agreement of Note #1, Note #2, Note #3, Note//4, Note #5, Note #6 and Note #8 by failing to pay the amounts financed therein. 26. The total collective outstanding principal balance for Note #1, Note #2, Note #3, Note g4, Note #5, Note #6 and Note #8 is $30,938.00. 27. Note #1, Note #2, Note #3, Note//4, Note #5, Note #6 and Note #8 grant Plaintiff reasonable collection and attorneys' fees which Plaintiff has calculated to be $4,640.70. 28. As of March 18, 2003, the principal and interest due and payable by Parents and Cynthia to Plaimiff for Note #1, Note #2, Note #3, Note//4, Note #5, Note #6 and Note #8 was $27,974.23. 29. The outstanding balance of $27,974.23 represents the total and actual overdue value of the financing provided to Parents and Cynthia under Note #1, Note/42, Note #3, Note ~4, Note #5, Note #6 and Note #8 for which Parents and Cynthia have yet to pay. WHEREFORE, Plaintiff demands judgment against Joel, Patricia, and Cynthia Klein in the amount of $27,974.23, plus interest in the amount of $4.02 per day, collection and attorneys' fees in the amount of $4,640.70 and costs accruing subsequent to March 18, 2003. COUNT II DICKINSON COLLEGE V. JOEL, PATRICIA, & VICTORIA KLEIN BREACH OF CONTRACT 30. Plaintiff hereby incorporates by reference the averments comained in Paragraphs 1 through 29 of this Complaint. 31. Parents and Victoria breached the expressed and implied obligations, conditions and terms of agreement of Note #7 and Note #9 by failing to pay the amounts financed therein. 32. The total collective outstanding principal balance for Note #7 and Note #9 is $16,200.00. 33. Note #7 and Note #9 grant Plaintiff reasonable collection and attomeys' fees which Plaintiff has calculated to be $2,430.00. 34. As of March 18, 2003, the principal and interest due and payable by Parents and Victoria to Plaintiff for Note #7 and Note #9 was $17,075.26. 35. The outstanding balance of $17,075.26 represents the total and actual overdue value of the financing provided to Parents and Victoria under Note #7 and Note #9 for which Parents and Victoria have yet to pay. WHEREFORE, Plaintiff demands judgment against Joel, Patricia, and Victoria Klein in the amount of$17,075.26, plus interest in the amount of $2.49 per day, collection and attorneys' fees in the amount of $2,430.00 and costs accruing subsequent to March 18, 2003. COUNT IH DICKINSON COLLEGE V. JOEL, PATRICIA & CYNTHIA KLEIN IN OU.4NTUM MER UIT 36. Plaintiff hereby incorporates by reference the averments contained in Paragraphs 1 through 35 of this Complaint. 37. Parents and Cynthia are liable to Plaintiff and/or have been unjustly enriched in the amount of $27,974.23, plus interest in the amount of $4.02 per day. WHEREFORE, Plaintiff demands judgment against Defendants in the amount of $27,974.23, plus interest in the amount of $4.02 per day, collection and attorneys' fees in the amount of $4,640.70 and costs accruing subsequent to March 18, 2003; said amount is within the limits set forth for compulsory arbitration in Cumberland County, Pennsylvania. COUNT IV DICKINSON COLLEGE V. JOEL, PATRICIA & VICTORIA KLEIN IN 0 UANTUM MER UIT 38. Plaintiff hereby incorporates by reference the averments contained in Paragraphs 1 through 37 of this Complaint. 39. Parents and Victoria are liable to Plaintiff and/or have been unjustly enriched in the amount of $17,075.26, plus interest in the amount of $2.49 per day. WHEREFORE, Plaintiff demands judgment against Defendants in the amount of $17,075.26, plus interest in the amount of $2.49 per day, collection and attorneys' fees in the amount of $2,430.00 and costs accruing subsequent to March 18, 2003; said amount is within the limits set forth for compulsory arbitration in Cumberland County, Pennsylvania. MARTSON DEARDORFF 3YILL~S & OTTO David R. Galloway "'-' I.D. No. 87326 Ten East High Street Carlisle, PA 17013-3093 (717) 243-3341 Attorneys for Plaintiff In making this communication, we are advising you this finn is attempting to collect a debt for Dickinson College. Any information gained from this communication will be used for that purpose. Exhibit A DICKINSON COLLEGE FLEXIBLE FINANCING SYSTEM - PLAN B EDUCATIONAL GOODS AND SERVICES RETAIL INSTALLMENT CONTRACT October 3, 1994 Seller Buyer (s) Dickinson College, Carlisle, Pennsylvania 17013-2896 Joel A. & Patricia C. Klein 27 Frances Dr. Coraopolis, PA 15108 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 Cynthia D. Klein (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 RATE:* Cost of credit as yearly rate 8.25 % FINANCE CHARGE: Dollar amount credit will cost buyer $ 2,767.12 AMOUNT FINANCED: Amount of credit provided by Dickinson College $ 4,500.00 TOTAL OF PAYMENTS: Amount paid by Buyer as total of all scheduled payments $ 7,267.12 TOTAL SALE P PRICE: Total cost of purchase on credit, including down payment of $ 19,200.00 $ 23,700.00 Rev 2/92 Exhibit "A" Joel A. & Patricia C. Klein Buyer's payment schedule will be as follows: Number of Payments Amount of Payments When Payments are Due 152 $ 47.81 Monthly commencing 10/28/94 until 05/28/07 *Variable Rate: The ANNUAL PERCENTAGE RATE disclosed above is a variable rate and may change. The ANNUAL PERCENTAGE RATE may increase during the term of this 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 8.25% per annum for 152 months, and the prime rate plus 1% were increased to 9.25%, your regular monthly payments would increase to $50.36. 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. 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: $ 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): $ 23,700.00 19,200.00 4,500.00 4,500.00 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 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 address= Eduserv Technologies, Inc. P.O. Box 64974 St. Paul, MN 55164-0974 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. 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. 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. 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. Ail 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. 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 extent supplemented, superseded or preempted by federal law. 3 9e ~ONSENT TO JURISDICTION, VENUE AND SERVICe: 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 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 C~ODS 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) BUYER ( S ): I AGREE TO REPAY ALL AMOUNTS DUE ON THIS LOAN IF THE BORROWER(S)/BUYER(S) FAILS TO DO SO IN ACCORDANCE WITH THE TERMS OF THE NOTE: STUDENT COSIGNER TRANSCRIPT OF A STUDENT'S RECORD WILL NOT BE RELEASED IF LOAN PAYMENTS TO THE COLLEGE ARE IN ARREARS OR DEFAULT. DATE: DICKINSON COLLEGE 4 Exhibit B DICKINSON COLLEGE FLEXIBLE FINANCING SYSTEM - PLAN B EDUCATIONAL GOODS AND SERVICES RETAIL INSTALLMENT CONTRACT December 14, 1994 Seller: Buyer(s): Dickinson College, Carlisle, Pennsylvania 17013-2896 Joel A. & Patricia C. Klein 27 Frances Drive Coraopolis, PA 15108 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 Cynthia d. Klein (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 RATE:* Cost of credit as yearly rate 8.25 % FINANCE CHARGE: Dollar amount credit will cost buyer $ 2,745.24 AMOUNT FINANCED: Amount of credit provided by Dickinson College $ 4,600.00 TOTAL OF PAYMENTS: Amount paid by Buyer as total of all scheduled payments $ 7,345.24 TOTAL SALE P PRICE: Total cost of purchase on credit, including down payment of $ 19,100.00 $ 23,700.00 Rev 2/92 Exhibit "B" Klein Buyer's payment schedule will be as follows: Number of Payments Amount of Payments When Payments are Due 148 $ 49.63 Monthly commencing 01/28/95 until 05/28/07 *Variable Rate: The ANNUAL PERCENTAGE RATE disclosed above is a yariable 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 $4,600.00 at 8.25% per annum for 9.25 months and the prime rate plus 1% were increased to 9.25%;' your regular monthly payments would increase to $52.22. 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. 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: $ 23,700.00 2. Total down payment: 19,100.00 3. Unpaid balance of cash price (1 - 2): 4,600.00 4. Amount paid to others on Buyer's behalf: - 0 - 5. Amount Financed (3 + 4): $ 4,600.00 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 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 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. 9. CONSENT TO JURISDICTION, VENUE AND SERVICE: 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 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) RECEIVING A COMPLETED COPY OF THIS CONTRACT AND INTEND(S) TO BE LEGALLY BOUND BY ITS TERMS. I AGREE TO REPAY ALL AMOUNTS DUE ON THIS LOAN IF THE BORROWER(S)/BUYER(S) FAILS TO DO SO IN ACCORDANCE WITH THE TERMS OF THE NOTE: ¥ · TRANSCRIPT OF A STUDENT'S RECORD WILL NOT BE RELEASED IF LOAN PAYMENTS TO THE COLLEOE ARE IN ARREARS OR DEFAULT. DATE: DICKINSON COLLEGE BY ~~3 4 Exhibit C D~CKINSON COLLEGE FLEXIBLE F~NANC~N~ SYSTEM - PLAN B EDUCaTiONAL ~OODS AND SERVICES RET~L ~NST~LLMENT CONTRACT October 4, 1995 Seller: Buyer(s)= Dickinson College, Carlisle, Pennsylvania 17013-2896 Joel A. & Patricia C. Klein 27 Frances Dr. Coraopolis, PA 15108 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 Cynthia D. Klein (hereinafter "Student") during his/her enrollment at Dickinson College during the 1995-1996 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 RATE=* Cost of credit as yearly rate 10.00 % FINANCE CHARGE: Dollar amount credit will cost buyer $ 2,443.00 AMOUNT FINANCED: Amount of credit provided by Dickinson College $ 3,500.00 TOTAL OF PAYMENTS: Amount paid by Buyer as total of all scheduled pa~ents $ 5,943.00 TOTAL SALE PRICE: Total cost of purchase on credit, including down payment of $ 21,370.00 $ 24,870.00 Rev 2/92 Exhibit "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 2o 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 address: Eduserv Technologies, Inc. P.O. Box 64974 St. Paul, MN 55164-0974 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. 40 6e 70 80 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) (f) 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 dishonesty, 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, 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. 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. Ail 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. 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 extent supplemehted, superseded or preempted by federal law. 3 CONSENT TO JURISDICTION, VENUE AND SERVICE: 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 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) RECEIVING A COMPLETED COPY OF THIS CONTRACT AND INTEND(S) TO BE LEGALLY BOUND BY ITS TERMS. I AGREE TO REPAY ALL AMOUNTS DUE ON THIS LOAN IF THE BORROWER(S)/BUYER(S) FAILS TO DO SO IN ACCORDANCE WITH THE TERMS OF THE NOTE: TRANSCRIPT. OF A STUDENT'S RECORD WILL NOT BE RELEASED IF LOAN PAYMENTS TO THE COLLEGE ARE IN ARREARS OR DEFAULT. DATE: DICKINSON COLLEGE 4 Exhibit DICKINSON COLLEGE FLEXIBLE FINANCING SYSTEM - PLAN B EDUCATIONAL GOODS AND SERVICES RETAIL INSTALLMENT CONTRACT February 13, 1996 Seller= Buyer(s): Dickinson College, Carlisle, Pennsylvania 17013-2896 Joel A. & Patricia Klein 27 Frances Dr. Corapolis, PA 15108 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 Cynthia Klein (hereinafter "Student..) during his/her enrollment at Dickinson College during the 1995-1996 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 RATE=* Cost of credit as yearly rate 10.00 % FINANCE CHARGE: Dollar amount credit will cost buyer 2,362.96 AMOUNT FINANCED: Amount of credit provided by Dickinson College $ 3,500.00 TOTAL OF PAYMENTS: Amount paid by Buyer as total of all scheduled payments $ 5,862.96 TOTAL SALE PRICE: Total cost of purchase on credit, including down payment of $ 22,370.00 $ 24,870.00 Rev 2/92 Exhibit "D" Suyer's payment schedule'~il~ be as ,~ar ~able T~ate: _ te and may ~ow~ =~_ *o~ o~ ~_ ~3,~0o-u~ 5~.00s, Y°~t~ ~ w~ the P .-crease to ~ch other -les ~ct. ~ul~ ~th~ 18~ or s _~all~e~t S~ ~o~re~ se~Ces Goo~S a 3e cash price of GOODS an~ Servfces: Total down payment= unpaid balance o~ cash price (1 - 2}: ~mount paid to others on Buyer'S behalf: ~mount Financed (3 + 4}: due, IV. CREDIT INSURANCE ~.~ Credit life insurance for the term of this Contract is not required. V. NO WARRANTIES WITH S F ~,~ ~.,-~.v~.,,..~,.~ ~vv,-'~u ~ THIS CONTRACT UNLESS BUYER HAS BEEN GIVEN A SEPARATE WRITTEN WARRANTY. VI. ADDITIONAL PROVISIONS 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 address= Eduserv Technologies, Inc. P.O. Box 64974 St. Paul, MN 55164-0974 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. 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. Upon or after the occurrence of any Event. of Default, Seller will provide Buyer wi=th~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 ~he notice, Sailer'~ rights sha~ 'include the r~ght 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. 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. Ail 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. 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. ~PPLICABLE 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. 9. ~ONSENT TO jURISDICTION. VENUE AND SERVICE: The parties to this Agreement consent and agree that all legal proceedi~,gs 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) RECEIVING A COMPLETED COPY OF THIS CONTRACT AND INTEND(S) TO BE LEGALLY BOUND BY ITS TERMS. / I AGREE TO REPAY ALL AMOUNTS DUE ON THIS LOAN IF THE BORROWER(S)/BUYER(S) FAILS TO DO SO IN ACCORDANCE WITH THE TERMS OF THE NOTE: TI~%NSCRIPT OF A STUDENt'S RECORD WILL N(FE BE RELEASED IF LOAN pAYMENTS TO THE COLLEGE ARE IN ARREARS OR DEFAULT · DICKINSON COLLEGE DATE: BY Exhibit E r~ DICKINSON COLLEGE FLEXIBLE FINANCING .SYSTEM- PLAN B EDUCATIONAL GOODS AND SERVICES RETAIL INSTALLMENT CONTRACT Date: December 4, 1996 Seller: Dickinson College, Carlisle, Pennsylvania 17013-2896 Buyer(s): Joel A. & Patricia C. Klein 27 Frances Drive Coraopolis, PA 15108 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 Cynthia D. Klein (here inafter as "Student") during his/her enrollment at Dickinson College during the 1996-1997 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 RATE:* Cost of credit as yearly rate 9.25% FINANCE CHARGE: Dollar amount credit will cost Buyer $3,099.93 AMOUNT FINANCED: Amount of credit provided by Dickinson College $ 5,622.00 TOTAL OF PAYMENTS A~ount paid by Buyer as total of all scheduled payments $ 8,721.93 TOTAL SALE PRICE: Total cost of purchase on credit, in- cluding down payment of $26,410.00 $20,788.00 Buyer's payment schedule will be as follows: Exhibit "E" Number of Payments Amount of Payments When Payments are Due 123 70.91 Monthly commencing 1/28/97 until 05/28/07. *Variable Rate: The ANNUAL PERCENTAGE RATE disclosed above is a variable rate and may change. The ANNUAL PERCENTAGE RATE may increase during the term of this 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 $ 5,622.00 at 9.25% per annum for 137 months, and the prime rate plus 1% were increased to 10.25%, your regular monthly payments would increase to $ 74.02. 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. 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: $ 26,410.00 2. Total down payment: 20,788.00 3. Unpaid balance of cash price (1 - 2): 5,622.00 4. Amount paid to others on Buyer's behalf: -0- 5. Amount Financed (3 + 4): $ 5,622.00 V. 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 ~OODS AND SERVICES COVERED BY THIS CONTRACT UNLESS BUYER HAS BEEN GIVEN A SEPARATE WRITTEN WARRANTY. 2 VI. ADDITIONAL PROVISIONS 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 address: Eduserv Technologies, Inc. P.O. Box 64974 St. Paul, MN 55164-0974 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. 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 outstandi-ng 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. 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. 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. 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 extent supplemented, superseded or preempted by federal law. CONSENT TO JURISDICTION, VENUE AND SERVICE: 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 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. DATE: BUYER(S) ACKNOWLEDGE(S) RECEIVING A COMPLETED COPY OF THIS CONTRACT AND INTEND(S) TO BE LEGALLY BOUND BY ITS TERMS. I AGREE TO REPAY ALL AMOUNTS DUE ON THIS LOAN IF THE BORROWER(S)/BUYER(S) FAILS TO DO SO IN ACCORDANCE WITH THE TERMS OF THE NOTE: TRANSCRIPT OF A STUDENT, S RECORD WILL NOT BE BELEAS~D IF LOAN PAYMENTS TO THE COLLEGE ARE IN ARREARS OR DEFAULT. DICKINSON COLLEGE Exhibit F DICKINSON COLLEGE FLEXIBLE FINANCING SYSTEM - PLAN B EDUCATIONAL GOODS AND SERVICES RETAIL INSTALLMENT CONTRACT Date: September 30, 1997 Seller: Buyer(s): Dickinson College, Carlisle, Pennsylvania 17013-2896 Joel A. & Patricia C. Klein 27 Frances Drive Coraopolis, PA 15108 If there is more than one Buyer, each of you will be obligated, jointly and severally, fbr all sums due and for the performance of allagreements 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 Cynthia D. Klein (hereinafter as "Student") during his/her enrollment at Dickinson College during the 1998 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 'RATE:* Cost of credit as yearly rate 9.50% FINANCE CHARGE: Dollar amount credit will cost Buyer $4,300.25 AMOUNT FINANCED: Amount of credit provided by Dickinson College $8,160.00 TOTAL OF PAYMENTS: Amount paid by Buyer as total of all scheduled payments $12,460.25 TOTAL SALE PRICE: Total cost of purchase on credit, including down payment of $19,130.00 $27,290.00 Exhibit "F" Buyer's payment schedule will be as follows: Number of Payments Amount of Payments When Payments are Due 115 $108.35 Monthly commencing 10/28/97 until 05/28/07. *Variable Rate: The ANNUAL PERCENTAGE RATE disclosed above is a variable rate and may change. The ANNUAL PERCENTAGE RATE may increase during the term of this 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 $8,160.00 at 9.50% per annum for 115 months, and the prime rate plus 1% were increased to 10.50%, your regular monthly payments would increase to $112.83. 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. Late Charge: Ifa 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: $ 27,290.00 2. Total down payment: 19,130.00 3. Unpaid balance of cash price (1 - 2): 8,160.00 4. Amount paid to others on Buyer's behalf: -0- 5. Amount Financed (3 + 4): $8,160.00 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 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 address: Eduserv Technologies, Inc. P.O. Box 64974 St. Paul, MN 55164-0974 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. 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) (0 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 dishonesty, 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, 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. 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. 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 extent supplemented, superseded or preempted by federal law. CONSENT TO JURISDICTION, VENUE AND SERVICE: 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 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)RECEIVING A COMPLETED COPY OF THIS CONTRACT AND INTEND(S) TO BE LEGALLY BOUND BY ITS TERMS. I AGREE TO REPAY ALL AMOUNTS DUE ON THIS LOAN IF THE BORROWER(S)/BUYER(S) FAILS TO DO SO IN ACCORDANCE WI'iH THE TERaMS OF THE NOTE: · TRANSCRIPT OF A STUDENT'S RECORD WILL NOT BE RELEASED IF LOAN PAYMENTS TO THE COLLEGE ARE IN ARREARS OR DEFAULT. DATE: DICKINSON COLLEGE 4 Exhibit G DICKINSON COLLEGE FLEXIBLE FINANCING SYSTEM - PLAN B EDUCATIONAL GOODS AND SERVICES RETAIL INSTALLMENT CONTRACT May 12, 1999 I. Seller: Dickinson College, Carlisle, Pennsylvania 17013-2896 Buyer(s): Joel & Patricia Klein 27 Frances Drive Coraopolis, PA 15108 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 Victoria Klein (hereinafter "Student") during his/her enrollment at Dickinson College during the 1999 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 RATE:* Cost of credit as yearly rate 9.50 % FINANCE CHARGE: Dollar amount credit will cost buyer $ 5,206.24 AMOUNT FINANCED: Amount of credit provided by Dickinson College $ 7,200.00 TOTAL OF PAYMENTS: Amount paid by Buyer as total of all scheduled payments $12,406.24 TOTAL SALE PRICE: Total cost of purchase on credit, including down payment of $ 21,430.00 $ 28,630.00 Rev 2/92 Exhibit "G" Klein Buyer's payment schedule will be as follows: Number of Payments Amount of Payments When Payments are Due 152 $ 81.62 Monthly commencing 06/28/99 until 08/28/11 *Variable Rate: The ANNUAL PERCENTAGE RATE disclosed above is a variable rate and may change. The ANNUAL PERCENTAGE RATE may increase during the term of this 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 mounts. If your cost of the Goods and Services sold hereunder were $7,200.00 at 9.50% per annum for 152 months and the prime rate plus 1% were increased to 10.50%, your regular monthly payments would increase to $85.83. 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. Late Charge: Ifa 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 art, 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: $ 28,630.00 2. Total down payment: 21,430.00 3. Unpaid balance of cash price (1 - 2): 7,200.00 4. Amount paid to others on Buyer's behalf: - 0 - 5. Amount Financed (3 + 4): $ 7,200.00 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 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 EFG Technologies, Inc. at the following address: EFG Technologies, Inc. P.O. Box 64974 St. Paul, MN 55164 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. 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) (0 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 fi-aud or dishonesty, insolvency or bankruptcy of any Buyer. Upon or ai~er 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. 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. 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. o 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 JURISDICTION, VENUE AND SERVICE: 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 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. 1 I. 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 BE LEGALLY BOUND BY ITS TERMS. BUYER(S): I AGREE TO REPAY ALL AMOUNTS DUE ON THIS LOAN IF THE BORROWER(S)/BUYER(S) FAILS TO DO SO IN ACCORDANCE WITH THE TERMS OF THE NOTE: STUDENT COSIGNER TRANSCRIPT OF A STUDENT'S RECORD WILL NOT BE RELEASED IF LOAN PAYMENTS TO THE COLLEGE ARE IN ARREARS OR DEFAULT. DATE: Plan B Loans DICKINSON COLLEGE Exhibit H DICKINSON COLLEGE FLEXIBLE FINANCING SYSTEM - PLAN A EDUCATIONAL GOODS AND SERVICES RETAIL INSTALLMENT CONTRACT May12,1999 I. Seller: Dickinson College, Carlisle, Pennsylvania 17013 Buyer(s): Joel & Patricia Klein 27 Frances Drive Coraopolis, PA 15108 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 hav~ay the expenses incurred for goods and services to be provided and rendered, as the case may be, to ~Klein (hereinafter "Student") during his/her enrollment at Dickinson College during the 1999 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 RATE: Cost of credit as yearly rate Prior to repayment: 11.00% During repayment: 11.00% FINANCE CHARGE: Dollar Amount credit will cost Buyer $488.35 AMOUNT FINANCED: Amount of credit provided by Dickinson College /0%.0-0 TOTAL OF PAYMENTS: Amount paid by Buyer as total of all scheduled payments $1588.35 TOTAL SALE PRICE: Total cost of purchase on credit including down payment of $27,530.00 $28,630.00 Rev 2/92 Exhibit "H" Klein Buyer's payment schedule will be as follows: Number of Payments Amount of Payments When Payments are Due monthly commencing 05/28/99, and continuing until 05/28/99 or such time as Student is no longer enrolled at 8 $10.08 Dickinson (or in an approved full-time off-campus program of studies), whichever is earlier. monthly commencing 06/28/99 or such time as Student 72 $20.94 is no longer enrolled at Dickinson (or in an approved full- time off-campus program of studies), whichever is earlier. Late charge: Prepayment: Ifa payment is more than 15 days late, a sum equivalentto 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: $ 28,630.00 2. Total down payment: 27,530.00 3. Unpaid balance of cash price (1 - 2): 1100.00 4. Amount paid to others on Buyer's behalf: - 0 - 5. Amount Financed (3 + 4): $ 1100.00 2 IV. CREDIT INSURANCE Credi~ 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 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 EFG Technologies, Inc. at the following address: EFG Technologies, Inc. P.O. Box 64974 St. Paul, MN 55164 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 wheneverthe amount is paid in full in advance, and (with Seller's consent) to reinstate the Contract if Buyer timely cures any default. 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) (0 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 dishonesty, 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, 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. 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 shallbe obligated to the Assignee of this Contract, which Assignee shall have all of Seller's rights and remedies. 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. 10. 11. 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 JURISDICTION, VENUE AND SERVICE: 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 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. This Contract shall be binding upon the parties hereto, their heirs, successors, assigns and legal representatives. TIME IS OF THE ESSENCE OF THIS CONTRACT. NOTICE: ANY HOLDEROF 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 HEREUNDERBY 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 BE LEGALLY BOUND BY ITS~ BUYER(S): I AGREE TO REPAY ALL AMOUNTS DUE ON THIS LOAN IF THE BORROWER(S)/BUYER(S) FAILS TO DO SO IN ACCORDANCE WITH THE TERMS OF THE NOTE: TRANSCRIPTS OF A STIJDENT'S RECORD WILL NOT BE RELEASED IF LOAN PAYMENTS TO THE COLLEGE ARE IN ARREARS OR DEFAULT. DATE: Plan A Loans DICKINSON COLLEGE BY EXIBIT I DICKINSON COLLEGE FLEXIBLE FINANCING SYSTEM - PLAN B EDUCATIONAL GOODS AND SERVICES RETAIL INSTAI,LMENT CONTRACT August 30, 1999 I. Seller: Dickinson College, Carlisle, Pennsylvania 17013-2896 Buyer(s): Joel A. & Patricia C. Klein 27 Frances Dr. Coraopolis, PA 15108 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 Victoria R. Klein (hereinafter "Student") during his/her enrollment at Dickinson College during the 2000 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. PERCENTAGE RATE: * Cost of credit as yearly rate 8.75 % II. TERMS OF PAYMENT AND PAYMENT SCHEDULE Disclosures Required by Federal Law FINANCE CHARGE: Dollar amount credit will cost buyer $ 4,793.20 AMOUNT FINANCED: Amount of credit provided by Dickinson College TOTAL OF PAYMENTS: Amount paid by Buyer as total of all scheduled payments Rev 2/92 TOTAL SALE PRICE: Total cost of purchase on credit, including down payment of ~0 $ 29,735.00 Exhibit "I" Klein Buyer's payment schedule will be as follows: Number of Payments ~ --'----- of Payments 140 ._~ $ 91.38 When Payments are Due Monthly commencing 09/28/99 until 05/28/11 *Variable Rate: The ANNUAL PERCENTAGE RATE disclosed above is a yariable 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 ~o 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 8.75% per annum for 140 months and the prime rate plus 1% were increased to 9.75%, your regular monthly payments would increase to $95.88. 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. 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 art, 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: $ 29,735.00 2. Total down payment: 21,735.00 3. Unpaid balance of cash price (1 - 2): 8,000.00 4. Amount paid to others on Buyer's behalf: -0- 5. Amount Financed (3 + 4): $ 8,000.00 o 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 1N CONNECTION WITH SALE OF THE GOODS AND SERVICES COVERED BY THIS CONTRACT UNLESS BUYER HAS BEEN GIVEN A SEPARATE WRITTEN WARRANTY. VI. ADDITIONAL PROVISIONS Buyer agrees to pay Seller the Total Sale Price by making the total down payment and paying Seller the Total of Payments ia 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 EFG Technologies, Inc. at the following address: EFG Technologies, Inc. P.O. Box 64974 ~ St. Paul, MN 55164 Buyer's legal fights 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. Buyer shall be deemed to have committed an "Event of Default" of the Contract upon the occurrence of any oft he following: (a) failure to make any payment on or before the date it is due, (b) (c) (d) (e) (0 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 int'ormation or signatures. death, incompetence, or conviction of any Buyer of crime involving fraud or dishonesty, insolvency or bankmptc.v 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, 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 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. 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 fights. 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. If any part of this Contract is hetd 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. · 10. 11. . .~.?'I°LI~A~LI= LA W_.' This Agreement, whenever called upon to be consn'ued, shall be governed by the domestic internal laws of the Comm'~)nwealth of Pennsylvania except to the extent sdpplemerked, superseded or preempted by federal law. ..CONSENT TO $URISD[CTION. VENUE AND SERVICt:: 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 S~ates 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 addres~ set forth a~ove. This Contract shall be binding upon the parties hereto, their heirs, successors, assigns and legal representatives. 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 TI~E 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. NOT~CE TO BUYER: <l) DO NOT StUN THIS AGREEMENT BEFO~ YOU READ tT OR IF IT CONTAn~S ANY at~t( SPACE. <2) YOU AR~ ENTITLED TO A COMPLET~t.y FtLLED-tN COPY OF THIS AGREEMENT. <~) U~VER THE LAW, YOU ~VE 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 HXITEND(S) TO BE LEGALLY BOUND BY ITS TERMS. BUYER(S): I AGREE TO REPAY ALL AMOUNTS DUE ON THIS LOAN IF THE BORROWER(S)/BUYER(S) FAILS TO DO SO IN ACCORDANCE WITH THE TERMS OF THE NOTE: TRANSCRIPT OF A STUDENT'S RECORD WELL NOT BE RELEASED IF LOAN PAYMENTS TO THE COLLEGE ARE IN ARREARS OR DEFAULT. DATE: Plan B Loans 4 VERIFICATION I, THOMAS MEYER, Assistant Treasurer of Dickinson College, acknowledge that I have the authority to execute this Verification on behalf, of, Dickinson College and certify that the f'oregoing Complaint is based upon information which has been gathered by my counsel in the preparation of'this lawsuit. The language of this Complaint is that of counsel and not my own. I have read the document and to the extent that this Complaint is based upon information which I have given to my counsel, it is tree and correct and to the best of my knowledge, information and belief. To the extent that the content of this Complaint is that of counsel, I have relied upon counsel in making this Verification. This statement and Verification are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unswom falsification to authorities, which provides that ifI knowingly make f.alse averments, I may be subject to criminal penalties. Dated: Dickinson College Assistant Treasurer of Dickinson College F:WILESkDATAF] LEXDickinson College 7619kDicklnsonCollegeCollections7619C~ocummts\ 16.eom I ,ECE!VE~- SHERIFF'S RETUP~N - OUT OF COUNTY CASE NO: 2003-01727 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DICKINSON COLLEGE V$ KLEIN JOEL ET AL R. Thomas Kline duly sworn according to law, and inquiry for the within named DEFENDANT , KLEIN JOEL but was unable to locate Him in his bailiwick. deputized the sheriff of ALLEGHENY County, serve the within COMPLAINT & NOTICE , Sheriff or Deputy Sheriff who being says, that he made a diligent search and to wit: He therefore Pennsylvania, to On May 22nd , 2003 , attached return from ALLEGHENY Sheriff's Costs: Docketing 18.00 Out of County 9.00 Surcharge 10.00 Dep Allegheny Co 150.00 Notary 12.00 199.00 05/22/2003 MDW&O Sworn and subscribed to before me this /~ day of~ A.D. ProtHonotary' this office was in receipt of the R.' Thomas Kline Sheriff of Cumberland County In The Court of,Common Pleas of Cumberland County, nsylvania Joel Klein et al 03-1727 civil OW, April 16, 2003 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Allegheny County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA Affidavit of Service by handing to a and made known to copy of the original the contents thereof. So answers, Sheriffof~/.~ /~ ~'i County, PA COSTS Sworn and subsCribed~fole6 2{]~]3 SER~CE [~,~ $ me ~is day of ~ .~ 20 ~EAGE ~r, Pennsy~enm ~ati~ ot ~des In the 'Court ~)f Core'ion Ple'qas of Cumberland County, Pennsylvan,a Joel Klein et al ~ ~OW~ April 16, 22~03 ,! hereby deputize the Sheriff of civil , I, SHERIFF OF CUMBERLAND COUNTY, PA, do Allegheny Courlty to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA Affidavit of Service Now, ,.~--J~ 03 ,20 O,.q, at /050 o'clock A' M. served the within /~ %-~¢lC~' ~ /~E /Pvl~rO~/ ~ ~5~ at by handing to a and made known to copy of the original the contents thereof. So answers, COSTS Swum and subsor me ~is day of ,20 ~EAGE /~ ~ ~ ~ ~ I ~.a} s~a,~IDA~T ~ ~ k. ~t~r~--- ~Chy ~ Pittsburgh, Alle~ny Count) / - [ My Co~io~ Expi~s June 19. 2~ ~r, ~o~ama As~iat~ otNotados County, PA In The Court of Common Pleas of Cumberland County, Pennsylvania Joel Klei. et al ~ 27 civil ~ ~' ~RVE: Cynthia Klein \(~k,~ ql~~~ ~ ~NOW~ April 16, 2003 ~ I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Allegheny County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. SheriffofCumberland County, PA Now, within upon at Affidavit of Service o'clock __~ M. served the by handing to a and made known to copy of the original the contents thereof. So answers, COSTS 1 P Swo~ and subscrib~ be£ore SERVICE me this __ day of ,20__ MILEAGE ~~ ~ ~ [ ,~ ~., ~FIDp<T ~/ ~ v~ ,[~f~of ~tlM,urgh Allegheny County [ [ My Commissio** Ex~):*:t,, hme ,9 ~ ~ ~r, ~mma'~i~iat~on ot County, PA In The, Court of Co~nmon P~eas of Cumberland County, Pennsylvania Joel Klein et al RVE: Victoria Klein ~~~0~~*~-~ 03-1727 civil \ ~%Now, April 16, 2003 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Allegheny County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriffof Cumberland County, PA Affidavit of Service Now, ~'%~'-03 ,20 03, at 10~0 o'clock /~, M. served the within /~fO ~%116~ 1~/14)I~ }~~ /¢O ~ at by handing to a and made known to copy of the original the contents thereof. So answers, Sworn and subscribe~b~efl)r~ 2!02~0 me this day of AFFIDAVIT ~t, ~sylvsnla ~ ot Nolades COSTS SERVICE $ MILEAGE DICKINSON COLLEGE, Plaintiff JOEL & PATRICIA KLEIN, H/W, CYNTHIA KLEIN, & VICTORIA KLEIN Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-1727 CiVIL ACTION-LAW JURY TRIAL OF TWELVE DEMANDED PRAECIPE Please reinstate the attached Complaint to be served upon Defendants Joel and Patricia Klein, h/w, Cynthia Klein, and Victoria Klein at 27 Francis Drive, Coraopolis, Allegheny County, Pennsylvania 15108 and forward to the Sheriff for service. MARTSON DEARD(~FF WILLIAMS & OTTO I. D. Number 87326 ~,~ Ten East High Street ~X~ Carlisle, PA 17013 (717) 243-3341 Date: June 24, 2003 Attorneys for Plaintiff SHERIFF'S CASE NO: 2003-017217 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLanD DICKINSON COLLEGE VS KLEIN JOEL ET AL RETURN - OUT OF COUNTY R. Thomas Kline , duly sworn according to law, says, that he made and inquiry for the within named DEFENDANT KLEIN JOEL but was unable to locate Him in his bailiwick. deputized the sheriff of ALLEGHENY County, serve the within COMPLAINT & NOTICE Sheriff or Deputy Sheriff who being a diligent search and , to wit: He therefore Pennsylvania, to On July 23rd , 2003 attached return from ALLEGHENY Sheriff's Costs: Docketing 18.00 Out of County 9.00 Surcharge 10.00 Dep Allegheny Co 150.00 Notary 12.00 199.00 07/22/2003 MDW&O Sworn and subscribed to before me this S~ day 2o03 A.D. Prothonot a'r!~ this office was in receipt of the So answers~ ~.-~ ~_-~,-~'" ~ R.' Thomas Kline Sheriff of Cumberland County SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2003-01727 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DICKINSON COLLEGE VS KLEIN JOEL ET AL R. Thomas Kline duly sworn according to law, says, that he made a diligent and inquiry for the within named DEFENDANT , to wit: KLEIN PATRICIA but was unable to locate Her in his bailiwick. deputized the sheriff of ALLEGHENY County, serve the within COMPLAINT & NOTICE Sheriff or Deputy Sheriff who being search and He therefore Pennsylvania, to On July 23rd , 2003 , attached return from ALLEGHENY Sheriff's Costs: Docketing 6.00 Out of County .00 Surcharge 10.00 .00 .00 16.00 07/22/2003 MDW&O Sworn and subscribed to before me this 5'~ day of ~ Prothonotary this office was in receipt of the Ff. Thomas kline ~ Sheriff of Cumberland County SHERIFF'S RETURN - CASE NO: 2003-01727 P COMMONWEALTH OF PE~SYLVA/~IA: COUNTY OF CUMBERLA~ DICKINSON COLLEGE VS KLEIN JOEL ET AL OUT OF COUNTY R. Thomas Kline duly sworn according to law, and inquiry for the within named DEFENDkNT , KLEIN CYNTHIA but was unable to locate Her in his bailiwick. deputized the sheriff of ALLEGHENY County, serve the within COMPLAINT & NOTICE , Sheriff or Deputy Sheriff who being says, that he made a diligent search and to wit: He therefore Pennsylvania, to On July 23rd , 2003 , attached return from ALLEGHENY Sheriff's Costs: Docketing Out of County Surcharge 6.00 .00 10.00 .00 .00 16.00 07/23/2003 MDW&O Sworn and this 5~- subscribed to before me day of A.D. Prothonotary this office was in receipt of the R. Thomas Klin~ Sheriff of Cumberland County SHERIFF'S CASE NO: 2003-01727 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DICKINSON COLLEGE VS KLEIN JOEL ET AL RETURN - OUT OF COUNTY R. Thomas Kline , duly sworn according to law, says, that he made and inquiry for the within named DEFENDANT KLEIN VICTORIA but was unable to locate Her in his bailiwick. deputized the sheriff of ALLEGHENY County, serve the within COMPLAINT & NOTICE Sheriff or Deputy Sheriff who being a diligent search and , to wit: He therefore Pennsylvania, to On July 23rd , 2003 , attached return from ALLEGHENY Sheriff's Costs: Docketing Out of County Surcharge 6.00 .00 10.00 .00 .00 16.00 07/23/2003 MDW&O Sworn and subscribed to before me this ,~ day of ~,/~ A.D. rot ~ ' this office was in receipt of the Sheriff of Cu~erland County In The Court of Common Pleas of Cumberland County, Pennsylvania Dickinson Colle§e Joel Klein et al ' RVE: Joel Klein ~ G%ve_x% %9-~%5.L No. NOW, jUne 26, 2003 03-1727 civil , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Alleghen,y County tO execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA NOW, upon at by handing to a and made known to Affidavit of Service ,20 O3,at /~tS o'clock___~)__M, served the copy of the original the contents thereof. So answers, Sworn and subscribed before me +aris__ day of JUL 1 4 Notaria Seal ~.Sheila R. O'Bden, Notam$ Public t~ty of Pittsburgh Allegheny Coun y My Commlssio Exp res June 19, 2004 o~,~ ~.,/-) County, Sheriff . ~ ~J/(~ COSTS S RWCE $ ~;EAGE ~FmA~T ~ PA In 'The Court of Common Pleas of Cumberland County, Pennsylvania Dickinson College · . ~oel Klein et al Or~C7 ~, %~J~x~ SE~E:L/Paticia Klein ~. ~ ¥'~k~)~%.'.~'3<3~-~ - / ~ow, a~e 26, 2003 , I, S~FF OF C~E~ CO~TY, PA, do 03-1727 civil hereby deputize the Sheriff of AlleghenF County t9 execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA Now, within upon by handing to and made known to ~f~ Affidavit of Service ,206'3,at ]75 copy of the original o'clock ~ M. served the the contents thereof. So answers, Sworn and subscribed before me this __ day of .llJ[ 14,21153 I City of Pittsburgh, Allegheny County My Commission Expires June 19, 2004 Member, Pennsylvania Association ot Notaries Sherlrt~ ~ ,~ f . .~ .. ~ i ~County, PA COSTS SER~CE $ ~EA GE ~FIDA~T In The Court of Common Pleas of Cumberland Coun .ty, Penfisylvania Dickinson CollegeVS. Joel Klein et al SER%/E: Cynthia Klein NOW, dune 26, 2003 hereby deputize the Sheriffof 03-1727 civil , I, SHERIFF OF CUMBERLAND COUNTY, PA, do Allegheny County tp execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA Now, by hmding to ~T~ l[ I~ ~d made ~om to ~ Affidavit of Service ,20 03, at I t'/ copy of the original o'clock ___~ M. served the the contents thereof. So answers~ Sworn and subscribed before me this __ day of JUL 1 4 Sffeila R. O'Brien, Notary Public [ City of Pittsburgh, Allegheny County I My Commission Expires June 19, 20~4 [ Member, Pennsy/vatlla Associatlotl ol Notaries COSTS SERVICE $ MILEAGE AFFIDAVIT In The Court of Common Pleas of Cumberland County, P~ e'nnsylv~, nia Joel Klein et al 03-1727 civil ~ SERVE: Victoria Klein NO. NOW, June 26, 2003 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Alleghen.y County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA Now, within upon at by handing to a V ~ (F~ and made known to Affidavit of Service ,20 hQ ,at IV-~ ~L~ copy of thc oH~nal o'clock _~_ M. served the the contents thereof. So answers, Sworn and subscribed before this __ day ofjut 1 4 200~O'- me Member, Pennsylvania Association of Notaries oos s SERVICE MILEAGE AFFIDAVIT DICKINSON COLLEGE, Plaintiff JOEL & PATRICIA KLEIN, HNV, CYNTHIA KLEIN, & VICTORIA KLEIN Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-1727' CIVIL ACTION-LAW JURY TRIAL OF TWELVE DEMANDED STIPULATION AND AGREEMENT FOR ENTRY OF JUDGMENT AND NOW, comes Plaintiff, DICKINSON COLLEGE, by and through its attorneys, MARTSON DEARDORFF WILLIAMS & OTTO, and Defendants JOEL & PATRICIA KLEIN, IadW, CYNTHIA KLEIN & VICTORIA KLEIN who stipulate and agree as follows: 1. Pa. R.C.P. 1037 (c) provides that in all czses, the Court, on motion of a party, may enter an appropriate judgment against a party upon admk,;sion. 2. Defendants, Joel Klein and Patricia Klein ~ gree to the entry of Judgment against them in favor of Plaintiff in the amount of $45,049.49, plus interest from March 18, 2003, in the amount of $885.36, plus attomeys' fees in the amount of $7,070.70 for a total of $53,005.55, plus interest from date of judgment at 5.75% per annum and costs of suit. 3. Defendant, Cynthia Klein, agrees to the entry of Judgment against her in favor of Plainfiffin the amount of $27,974.23, plus interest fi.om March 18, ;!003, in the amount of $546.72, plus attorneys' fees in the amount of $4,640.70 for a total of $33,161.65, plus interest from date of judgment at 5.75% per annum and costs of suit. ~ 4. Defendant, Victoria Klein, agrees to the entry of' Judgment against her in favor of Plaintiff in the amount of$17,075.26, plus interest from March 18, 2003, in the amount of $338.64, plus attorneys' fees in the amount of $2,430.00 for a total of $19,843.90, plus interest fi.om date of judgment at 5.75% per annum and costs of suit. 5. The parties agree that the Court, upon motion of Plaintiff, may enter Judgment pursuant to this Stipulation without issuance of a Rule to :Show Cause, and without further proceedings or notice. Joel KlefX~ v 27 Francis Drive Coraopolis, PA 15108 Defendant Date: Ten East High Street Carlisle, PA 17013-3093 (717) 243-3341 Attorney for Plaintiff Date: -- ~/q{ O~ Patr:icia-Klein '} 27 Francis Drive Coraopolis, PA 15108 Defendant Date: Cynthia I~lein- - ' 27 Francis Drive Coraopolis, PA 15108 Defendant Date: By ~~ Victoria Klein 27 Francis Drive Coraopolis, PA 15108 Date: CERTIFICATE OF SERVICE I, Tricia D. Eckenroad, an authorized agent for Martson DeardorffWilliams & Otto, hereby certify that a copy &thc foregoing Stipulation was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Mrs. Patricia C. Klein 27 Frances Drive Coraopolis, PA 15108 Mr. Joel A. Klein 27 Frances Drive Coraopolis, PA 15108 Ms. Cynthia Klein 27 Frances Drive Coraopolis, PA 15108 Ms. Victoria Klein 27 Frances Drive Coraopolis, PA 15108 MARTSON DEAI~DORFF WILLIAMS & OTTO · Eckemroad I t High Street Carlisle, PA 17013 (717) 243-3341 COSTACCOUNT DICKINSON COLLEGE, Plaintiff V. JOEL & PATRICIA KLEIN, H/W, CYNTHIA KLEIN, & VICTORIA KLEIN Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-1727 - CIVIL ACTION-LAW JURY TRIAL OF TWELVE DEMANDED ORDER OF COURT AND NOW, this tt~' day of ~,t~v~. ,2003, upon consideration of the attached Stipulation, judgment is hereby entered in favor of Plaintiff, Dickinson College, against Defendants as follows: a. Against Joel Klein and Patrieia Klein in the mount of $45,049.4, plus interest from March 18, 2003, in the amount of $885.36, plus attorneys' fees in the amount of $7,070.70 for a total of $53,005.55, with interest accruing at 5.75% per annum from date of judgment. Prothonotary is directed to enter and index this judgment accordingly; b. Against Cynthia Klein in the amount of $27,974,23, plus interest from March 18, 2003, in the amount of $546.72, plus attorneys' fees in the amount of $4,640.70 for a total of $33,161.65, with interest accruing at 5.75% per annum from date of judgment. Prothonotary is directed to enter and index this judgment accordingly; and c. Against Victoria Klein in the amount of $17,075.26, plus interest from March 18, 2003, in the amount of $338.64, plus attorneys' fees in the amount of $2,430.00 for a total of $19,843.90, with interest accruing at 5.75% per annum from date of judgment. Prothonotary is directed to enter and index this judgment accordingly. for Plaintiff: :~T~vid R. Galloway, Esquire · Ten East High Street Carlisle, PA 17013 BY THE COURT, ! ,J. ao Se Defendants: trieia C. Klein ...~el A. Klein ~2~7 e~thia Klein oria Klein rances Drive Coraopolis, PA 15108 DICKINSON COLLEGE, Plaintiff JOEL & PATRICIA KLEIN, H/W, CYNTHIA KLEIN, & VICTORIA KLEIN Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-1727 CIVIL ACTION-LAW JURY TRIAL OF TWELVE DEMANDED STIPULATION ,~ND AGREEMENT FOR ENTRY OF JUDGMENT AND NOW, comes Plaintiff, DICKINSON COLLEGE, by and through its attorneys, MARTSON DEARDORFF WILLIAMS & OTTO, and Defendants JOEL & PATRICIA KLEIN, I-I/W, CYNTHIA KLEIN & VICTORIA KLEIN who stipulate and agree as follows: 1. Pa. R.C.P. 1037 (c) provides that in all czses, the Court, on motion ora party, may enter an appropriate judgment against a party upon admi.,:sion. 2. Defendants, Joel Klein and Patricia Klein ~gree to the entry of Judgment against them in favor of Plaintiff in the amount of $45,049.49, plus interest from March 18, 2003, in the amount of $885.36, plus attorneys' fees in the amount of $7,070.70 for a total of $53,005.55, plus interest from date of judgment at 5.75% per annum and costs of suit. 3. Defendant, Cynthia Klein, agrees to the entry of Judgment against her in favor of Plaintiff in the amount of $27,974.23, plus interest from March 18, 2003, in the amount of $546.72, plus attorneys' fees in the amount of $4,640.70 for a total of $33,161.65, plus interest from date of judgment at 5.75% per annum and costs of suit. ~ 4. Defendant, Victoria Klein, agrees to the entry of Judgment against her in favor of Plaintiff in the amount ors 17,075.26, plus inter~,~st from March 18, 2003, in the amount of $338.64, plus attorneys' fees in the amount of $2,430.00 for a total of $19,843.90, plus interest from date of judgment at 5.75% per annum and costs of suit. 5. The parties agree that the Court, upon motion of Plaintiff, may enter Judgment pursuant to this Stipulation without issuance of a Rule to Show Cause, and without further proceedings or notice. 27 Francis Drive Coraopolis, PA 15108 Defendant Date: Martson Deardorff YVilliams & Ot;o Ten East High Street Carlisle, PA 17013-3093 (717) 243-3341 Attorney for Pla'mttff Date: q'/~[ 03 Patricia Klein ] ' 27 Francis Drive Coraopolis, PA 15108 Defendant Date: Br ~c3 1 ,~) C.vnthia I~lein 27 Francis Drive Coraopolis, PA 15108 Defendant By q/~tkt,~ Victoria Klein 27 Francis Drive Coraopolis, PA 15108 Date: CERTIFICATE OF SERVICE I, Tricia D. Eckenroad, an authorized agent for Martson DeardorffWilliams & Otto, hereby certify that a copy of the foregoing Stipulation was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Mrs. Patricia C. Klein 27 Frances Drive Coraopolis, PA 15108 Mr. Joel A. Klein 27 Frances Drive Coraopolis, PA 15108 Ms. Cynthia Klein 27 Frances Drive Coraopolis, PA 15108 Ms. Victoria Klein 27 Frances Drive Coraopolis, PA 15108 MARTSON DEARDORFF WlI,LIAMS & OTTO TnZff~t D. Eckenroad '---~l'en East High Street Carlisle, PA 17013 (717) 243-3341 Dated: September 8, 2003