Loading...
HomeMy WebLinkAbout00-08143SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2000-08143 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DICKINSON COLLEGE VS JORDAN JAMES W ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT JORDAN JAMES W to wit: but was unable to locate Him in his bailiwick. He therefore deputized the sheriff of DAUPHIN serve the within COMPLAINT & NOTICE County, Pennsylvania, to on February 22nd , 2001 , this office was in receipt of the attached return from DAUPHIN Sheriff's Costs Docketing 18.00 Out of County 9.00 Surcharge 10.00 DEP. DAUPHIN CO 29.25 .00 66.25 02/22/2001 MARTSON, DEARDORFF, Sworn and subscribed to before me So ans-w S l R./'Thomas Kline Sheriff of Cumberland County WILLIAMS this o)Ie!£' day of v i A. D. a h A nll? ?? Prothonotary (1?ffi?Q > if t4r Shrriff Mary Jane Snyder Rent Estate Deputy William T. Tully Solicitor x 7 j/ Daup So Answers, hin County Harrisburg, Pennsylvania 17101 ph:(717)255-2660 fax:(717)255-2889 Jack Lotwick Sheriff Commonwealth of Pennsylvania DICKINSON COLLEGE vs County of Dauphin JORDAN JAMES W & DAVID JORDAN Sheriff's Return No. 0387-T - - -2001 OTHER COUNTY NO. 2000-8143 AND NOW: February 14, 2001 at 2:05AM served the within NOTICE & COMPLAINT IN CIVIL ACTION upon JORDAN JAMES W & DAVID JORDAN by personally handing to JAMES JORDAN 1 true attested copy(ies) of the original NOTICE & COMPLAINT IN CIVIL ACTION and making known to him/her the contents thereof at 9 DOGWOOD BUILDING MIDDLETOWN, PA 17057-0000 Sworn and subscribed to before me this 15TH day of FEBRUARY, 2001 PROTHONOTARY Sheriff of Dauphin County, Pa. Ralph G. McAllister Chief Deputy Michael W. Rinehart Assistant Chef Deputy Deputy Sheriff Sheriff's Costs-. $29.25 PD 02/08/2001 RCPT NO 146206 DMILLER In The Court of Common Pleas of Cumberland County, Pennsylvania Dickinson College VS. James W.Jordan No. 2000 8143 Civil Now, February 1 20 01 I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Dauphin 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 Now, within upon at by handing to a and made known to So answers, Sheriff of Sworn and subscribed before me this _ day of 20 copy of the original COSTS SERVICE _ MILEAGE _ AFFIDAVIT 20, at o'clock M. served the the contents thereof. County, PA PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please list the within matter for the next Argument Court. CAPTION OF CASE (entire caption must be stated in full) DICKINSON COLLEGE, (Plaintiff) Vs. JAMES W. JORDAN and DAVID JORDAN (Defendant) No- q1¢3 Civil LAW AA 2000 1. State matter to be argued (i.e., plaintiff's motion for new trial, defendant's demurrer to complaint, etc.): Defendant's Motion to Dismiss for Lack of Personal Jurisdiction 2. Identify counsel who will argue case: (a) for plaintiff: George B. Faller, Jr., Esquire Address: MARTSON DEARDORFF WILLIAMS & OTTO, 10 E. High St., Carlisle, PA (717) 243-3341 (b) for defendant: David Jordan, Pro Se Address: Washington and Lee University, Lewis Hall Carrel #367, Lexington, VA 24450, (540) 462-4128 James W. Jordan, Pro Se 9 Bogwood Building, Middletown, PA 17057, (717) 944-2420 3. I will notify all parties in writing within two days that this case has been listed for argument. 4. Argument Court Date: May 23, 2001 F\FILES\DATAFILE\Gendoacur\761917-pra.3/ma C,.,ad: 02/13/0 i 10 50 02 ANT Revised: 02113101 111330 AM 7619.17 DICKINSON COLLEGE, Plaintiff V. JAMES W. JORDAN, and DAVID JORDAN, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2000 - 8143 CIVIL TERM JURY TRIAL OF TWELVE DEMANDED PRAECIPE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please file the attached Affidavit of Service which was signed and notarized by the Rockbridge County Sheriff's Department, indicating that David Jordan was served with the Complaint on January 26, 2001. WILLIAMS & OTTO I.D. Number 49813 Ten East High Street Carlisle, PA 17013-3093 (717) 243-3341 Attorneys for Plaintiff Dickinson College Date: February 13, 2001 01/19/2001 16:04 7172431850 MDWO PAGE 02103 AFFIDAVIT OF SERVICE a Deputy Sheriff/Sheriff of f County, Commonwealth of Virginia, being duly sworn according to law, depose and state that an original and/or certified copy of the attached Complaint was served on the Defendant, David Jordan, by AS$?rr 2e.v?lvuS.a AW- Virginiaon personal service and hand-delivery at the address of ? ? L Q x sz ,? l the `/' day of A , 200+-. By ? l / . Sheriff's Office Sworn to and subscribed before me this _,&- day of 200/. 7 ? a CC Notary Public to _ 3`2-0- O R'Ta,E=ATAFIMGeMomuA96190-, .I CERTIFICATE OF SERVICE I, Melinda A. Hall, an authorized agent for Martson Deardorff Williams & Otto, hereby certify that a copy of the foregoing Praecipe was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: David Jordan Carrel # 367, Lewis Hall _ WASHINGTON & LEE SCHOOL OF LAW Lexington, VA 24450-0303 James W. Jordan 9 Dogwood Building Middletown, PA 17507 MARTSON DEARDORFF WILLIAMS & OTTO By'? lud Melinda-A. Hall Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: February 13, 2001 FiFILESOATA ILE\Gmdoccm\761917-con.I Created: 11/13/00 025613 PM Revleed'. 11/15/0010124LAM DICKINSON COLLEGE, Plaintiff V. JAMES W. JORDAN, and DAVID JORDAN, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2000-,3) x-13 CIVIL TERM 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 rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE ALAWYER 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 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 MARTSON, DEARDORFF, WILLIAMS & OTTO By G0%/ G orge B. Faller, Jr., Esquir I.D. No. 49813 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff Date: -?Cvtr (?tl ao/ 1000 DICKINSON COLLEGE, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW NO. 2000- D `f3 CIVIL TERM JAMES W. JORDAN, and DAVID JORDAN, Defendants COMPLAINT AND NOW, comes the Plaintiff, Dickinson College, by and through its attorneys, Martson Deardorff Williams & Otto, and hereby avers as follows: 1. Plaintiff is Dickinson College, 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. Defendant James W. Jordan is an adult individual residing at 1219 Biddle Drive, Carlisle, Cumberland County, Pennsylvania 17013. 3. Defendant David Jordan is an adult individual residing at CARREL #367, Lewis Hall, Washington & Lee School of Law, Lexington, Virginia 24450-0303. 4. On or about August 15,1997, Defendant James W. Jordan entered into anEducational Goods and Services Retail Installment Contract ("Contract #1") with Plaintiff A copy of this Contract #1 is attached hereto as Exhibit "A". 5. The Contract #1 provided for the financing of $4,000.00 plus interest and costs by Defendant on behalf of his son, David Jordan. 6. Defendant David Jordan is a co-signor and guarantor of said Contract 41. 7. Asa co-signor and guarantor of said Contract #1, Defendant David Jordan is obligated and liable for any outstanding amount due and payable under Contract 91. 8. As of October 6, 2000, the outstanding balance due and payable by Defendants to Plaintiff is $4,805.02, plus interest and costs accruing hereafter. On or about August 22, 1997, Defendant James W. Jordan entered into an additional Educational Goods and Services Retail Installment Contract ("Contract 42") with Plaintiff. A copy of this Contract 42 is attached hereto as Exhibit "B". 10. The Contract #2 provided for the financing of $6,000.00 plus interest and costs by Defendant on behalf of his son, David Jordan. 11. Defendant David Jordan is a co-signor and guarantor of said Contract #2. 12. As a co-signor and guarantor of said Contract #2, Defendant David Jordan is obligated and liable for any outstanding amount due and payable under Contract #2. 13. As of October 6, 2000, the outstanding balance due and payable by Defendants to Plaintiff is $6,681.04, plus interest and costs accruing hereafter 14. The outstanding balance of $11,486.06 represents the total and actual overdue value ofthe financing provided to the Defendants under Contract #1 and Contract #2 for which Defendants have yet to pay. COUNTI BREACH OF CONTRACT 15. Plaintiff hereby incorporates by reference the averments contained in paragraphs 1 through 14 of this Complaint. 16. Plaintiff has fulfilled, performed and complied with all obligations and conditions of Contract #1 and Contract 42. 17. Defendants have breached the expressed and implied obligations, conditions and terms of agreement of Contract #1 and Contract 92 to pay the amounts financed therein. WHEREFORE, Plaintiff demands judgment against the Defendants, jointly and severally, in the amount of $11,486.06 plus interest and costs accruing subsequent to October 6, 2000, and said amount is within the limits set forth for compulsory arbitration in Cumberland County, Pennsylvania. COUNT H QUANTUM MERUIT 18. Plaintiff hereby incorporates by reference the averments contained in paragraphs 1 through 17 of this Complaint. 19. The Defendants are liable to the Plaintiff and/or have been unjustly enriched in the amount of $11,486.06 plus interest and costs accruing subsequent to October 6, 2000. WHEREFORE, Plaintiff demands judgment against the Defendants, jointly and severally, in the amount of $11,486.06 plus interest and costs accruing subsequent to October 6, 2000, and said amount is within the limits set forth for compulsory arbitration in Cumberland County, Pennsylvania. MARTSON DEARDORFF WILLIAMS & OTTO By QA Ge g B. Faller, Esquire I.D. No. 49813 Ten East High Street Carlisle, PA 17013-3093 (717) 243-3341 Attorneys for Plaintiff Date: J clay wlbof- 0ol ,-(zeo LOAN DISPLAY/TRANS INPUT-1 EFFECTIVE 10 06,00 OPTION DICKINSON COLLEGE-2500 PR STUDENT ID CITY/STATE HARRISBURG PA ZIP 17106 1934 PHONE 717 241 4173 GOOD GOOD DOM SRC MAIL ADR CHG 12 01 99 PH SRC INST PH CHG 00 00 00 MORE LOANS MORE-CONS CAP--"PAL .00 CUM PPD- .00 CUM IPD 494.51 CUM LCHG 5.49 CUM C/FEE .00 CUM O/CST .00 CUM PCANC .00 PPM END 00 00 00 DEF END 00 00 00 AMT CDUE .00 LST PDTE 02 02 00 }SN1ZUE $6f3 4$ LST PMT 500 , 00 FEES"DitE "" "" Ys 07"'NEXT DUE 10 28 00 YTD PPD .00 NXTPMT 76.40 YTD IPD .00 #BILLS GEN YTD LCHG .00 MIN CD/PRO YTD C/FEE .00 MIN AMT YTD 0/CST .00 SEP DATE 06 YTD PCANC .00 GRCE END 06 PPM AMT .00 GRCE MTHS TOT # ADV 001 CONV DTE 11 CANC DATE 00 QQ q0 YTD ADV .00 NOTE DTE 11 802 SST ADV 4,000.00 LOAN TYP/ST ,qa T 95 MrZ 1 'p2 LOAN RMK DAX:1lTI , 01 3 D Y Y .00 01 00 01 00 000 18 97 04 97 I 000 STATUS 49 C BILL METHOD S RPY PLAN/FRQ I M BILL INT FRQ M INT RATE 11 .000 DELINQ INT .000 ***STOP CODES *** INT ACRUAL 0 INVOICING C BILL/INVOICES 0 PDUE CONTACT C DELINQ PROC 0 AUDIT 0 DICKINSON COLLEGE FLEXIBLE FINANCING SYSTEM - PLAN A EDUCATIONAL GOODS AND SERVICES RETAIL INSTALLMENT CONTRACT August 15, 1997 1. Seller: Dickinson College, Carlisle, Pennsylvania 17013 Buyer(s): James W. Jordan -5 -c 1a19 3%ddI e br- I JC- CcL is /,f P,+ l -70 l 3 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 David Jordan (hereinafter "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 FINANCE AMOUNT TOTAL OF TOTAL SALE PERCENTAGE CHARGE: FINANCED: PAYMENTS: PRICE: RATE: Dollar Amount Amount of credit Amount paid by Total cost of Cost of credit as credit will provided by Buyer as total of all purchase on credit yearly rate cost Buyer Dickinson College scheduled including down payments payment of Prior to repay- ment: 11.00% 23,290.00 During repay-ment: 11.00% 2655.41 4,000.00 6655.41 27,290.00 Rev 2/92 Jordan Buyer's payment schedule will be as follows: Number of Payments Amount of Payments When Payments are Due monthly commencing 9/28/97, and continuing until 04/28/00 or such time as Student is no longer enrolled at 32 $36.67 Dickinson (or in an approved full-time off-campus program of studies), whichever is earlier. monthly commencing 05/28/00 or such time as Student is 72 $76.14 no longer enrolled at Dickinson (or in an approved full- time off-campus program of studies), whichever is earlier. Late charge: If a payment is more than 15 days late, a sum equivalent to 5% of the late payment (but no more than $2.50 and not less than $1.00) may be charged. Prepayment: Buyer may prepay the unpaid balance of the Amount Financed and any FINANCE CHARGE due through the date of early payment, in full or in part, without penalty. SEE SECTION VI OF THE CONTRACT BELOW FOR ANY ADDITIONAL INFORMATION ABOUT NON- PAYMENT, DEFAULT AND REQUIRED REPAYMENT BEFORE THE SCHEDULED DATE FOR REPAYMENT OF THE AMOUNT FINANCED. III. ITEMIZATION OF AMOUNT FINANCED 2. 3. 4. 5. Cash price of Goods and Services: Total down payment: Unpaid balance of cash price (1 - 2): Amount paid to others on Buyer's behalf: Amount Financed (3 + 4): 27,290.00 23,290.00 4,000.00 -0- 4,000.00 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 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. 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 anv 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 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. 8. APPLICABLE LA W: 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 THt DEBTOR hFREU-NDER. 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 IS CONTRACT AND INTEND(S) TO BE LEGALLY BOUND BY ITS T S. BUYER(S): I J I AGREE TO REPAY ALL AMOUNTS DUE ON THIS LOAN IF THE BORROWER(S)/BUYER(S) FAILS TO DOSOIN ACCORDANCE WITH THE TERMS OF THE NOTE: A STUDENT COSIGNER TRANSCRIPTS OF A STUDENT'S RECORD WILL NOT BE RELEASED IF LOAN PAYMENTS TO THE COLLEGE ARE IN ARREARS OR DEFAULT. DATE: DICKINSON COLLEGE r Ll 1?-?'?v L 4? GL-w C x I d. I I 1J CY tX I `e YJ C, - f C ?ir21 i s ?? fJ9 4I.?< ?1]- LOAN DISPLAY/TRANS INPUT-1 EFFECTIVE 10 06.00 OPTION TRANS SOURCE D REP ROCESS 07 01 00 ACC0ASOT 372 S4S 6S3 02 S'S 'x$'72 54 5653.- DICKINSON COLLEGE-7000 PR PROGRAM 020351 ,.; ' 0(30 0 1017," O1 s: STUDENT ID NAME DRDAtf; "JAMES-. -- PRIMARY PO BOX --.,.- CITY/STATE HARRISBURG PA ZIP 17106 1934 PHONE 717 241 4173 GOOD GOOD DOM SRC MAIL ADR CHG 12 01 99 PH SRC INST PH CHG 00 00 00 MORE LOANS MOAE..CpNS g0 OANMO 6,0Qt?,. . AMT CDUE 00 LST PDTE 02 02 00 STATUS 49 C , ?I,J-r9S3 2?J AL 1"E` w $6 4 :; 'LST PMT 500.00 BILL METHOD S CAP BAL .00 FEES DLTE - F".00" NEXT DUE 10 28 00 RPY PLAN/FRQ I M CUM PPD 48.86 YTD PPD .00 NXTPMT 77.23 BILL INT FRQ M CUM IPD 683.64 YTD IPD .00 #BILLS GEN 2 INT RATE 10 .500 CUM LCHG 17.50 YTD LCHG .00 MIN CD/PRO CD Y Y DELINQ INT .000 CUM C/FEE .00 YTD C/FEE .00 MIN PMT .00 ***STOP CODES *** CUM O/CST .00 YTD 0/CST .00 SEP DATE 03 20 98 INT ACRUAL 0 CUM PCANC .00 YTD PCANC .00 GRCE END 03 20 98 INVOICING C PPM END 00 00 00 PPM AMT .00 GRCE MTHS 000 BILL/INVOICES 0 DEF END 00 00 00 TOT # ADV 001 CONV DTE 03 31 98 PDUE CONTACT C CANC DATE' -0'0- -TO- YTD ADV- :00-- -NOTE-DTE 03 20__98` ?ELINQ PROC 0 LST ADV .M1 6x000 00 LOAN TYP/ST I 000 AUDIT 0 TO _ , _2-):*30JA J??'t4ST 3.aY -:LOAN RMK /o 17-°6 4 DICKINSON COLLEGE FLEXIBLE FINANCING SYSTEM - PLAN B EDUCATIONAL GOODS AND SERVICES RETAIL INSTALLMENT CONTRACT August 22, 1997 1. Seller: Dickinson College, Carlisle, Pennsylvania 17013-2896 Buyer(s): James W. Jordan 1219 Biddle Drive Carlisle, PA 17013 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 David Jordan (hereinafter "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 FINANCE AMOUNT TOTAL OF TOTAL SALE PERCENTAGE CHARGE: FINANCED: PAYMENTS: PRICE: RATE:* Dollar amount Amount of credit Amount paid by Total cost of Cost of credit as credit will provided by Buyer as total purchase on yearly rate cost buyer Dickinson College of all scheduled credit, including payments down payment of $ 21,290.00 9.50% $ 3,948.40 $ 6,000.00 $ 9,948.40 $ 27,290.00 Rev 2/92 Jordan Buyer's payment schedule will be as follows: Number of Payments Amount of Payments When Payments are Due 140 $ 71.06 Monthly commencing 09/28/97 until 05/28/09 *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 $6,000.00 at 9.50% per annum for 140 months and the prime rate plus 1% were - - increased to 10..50%, your regular-monthly payments would increase to $74:50: 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 Cash price of Goods and Services: $ 2. Total down payment: Unpaid balance of cash price (1 - 2): Amount paid to others on Buyer's behalf: 5. Amount Financed (3 + 4): $ 27,290.00 21,290.00 6,000.00 -0- 6,000.00 2 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 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. 4 6. TSiis 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 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 TJ1E NOTE: STUDENT COSIGNER TRANSCRIPT OF A STUDENT'S RECORD WILL NOT BE RELEASED IF LOAN PAYMENTS TO THE COLLEGE ARE IN ARREARS OR DEFAULT. 5 11/15/2000 11:23 7172431850 MDWO PAGE 06/09 VERIFICATION Thomas Meyer, who is the Assistant Treasurer of Dickinson College and acknowledges that he has the authority to execute this Verification on behalf ofDickinson College, and fiuther certifies that the foregoing Complaint is based upon information which has been gathered by my counsel in the preparation of the lawsuit. The language ofthis Complaint is that of counsel and not my own. l have read the document and to the extent that the Complaint is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the content of the 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. Section 4904 relating to unsworn falsification to authorities, which provides that if I make knowingly false averments, I may be subject to criminal penalties. Dickinson. College By: L Thomas Meyer NOV-15-00 WED 10:25 AM E80M:7172431850 TO:STUDENT ACCOUNTS PAGE 6 o; o° a I/D : t { U - C?C SHERIFF'S RETURN - NOT FOUND CASE NO: 2000-08143 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND DICKINSON COLLEGE VS JORDAN JAMES W ET AL R. Thomas Kline Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named defendant, DEFENDANT JORDAN JAMES W but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT & NOTICE , NOT FOUND , as to the within named DEFENDANT , JORDAN JAMES W DEFENDANT NO LONGER RESIDES AT ADDRESS STATED, RETURN NOT FOUND AS PER MELINDA ON 12/13/00 Sheriff's Costs: So answers: Docketing 18.00 / Service 3.10 Not Found Return 5.00 R. Thomas Kline Surcharge 10.00 Sheriff of Cumberland County nn 36.10 MARTSON, DEARDORFF, WILLIAMS 12/13/2000 Sworn and subscribed to before me this `? /.F fday of ,CQe._-e? 2tVD A. 1). C. ha Pro honotary f F:IPIL Geazed: 1 , 11)AT1/13/00 /00 02 02 56 6 13 P wd]61919-com.l 19 PM Revised: 11/19/000328 53 PM DICKINSON COLLEGE, Plaintiff V. JAMES W. JORDAN, and DAVID JORDAN, Defendants 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 rights important to you. r? YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET " FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP: Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 MARTSON, DEARDORFF, WILLIAMS & OTTO IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2000- 5') J CIVIL TERM NOTICE BY George'lrt iff t, 'Jr Esq` t'`ure I.D. No. 49813 v Ten East High Street Carlisle, PA 17013 (717) 243-3341 Date: C?Ooa Attorneys for Plaintiff 7 RUE COPY in Testimony wners i FROt?" RD _ I`hefE u[IQQ'O>19[ my h2I'10 and the sees of DICKINSON COLLEGE, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW NO. 2000- CIVIL TERM JAMES W. JORDAN, and DAVID JORDAN, Defendants COMPLAINT AND NOW, comes the Plaintiff, Dickinson College, by and through its attorneys, Martson Deardorff Williams & Otto, and hereby avers as follows: 1. Plaintiff is Dickinson College, 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. Defendant James W. Jordan is an adult individual residing at 1219 Biddle Drive, Carlisle, Cumberland County, Pennsylvania 17013. 3. Defendant David Jordan is an adult individual residing at CARREL #367, Lewis Hall, Washington & Lee School of Law, Lexington, Virginia 24450-0303. 4. On or about August 15, 1997, Defendant James W. Jordan entered into an Educational Goods and Services Retail Installment Contract ("Contract #1") with Plaintiff. A copy of this Contract #1 is attached hereto as Exhibit "A". 5. The Contract #1 provided for the financing of $4,000.00 plus interest and costs by Defendant on behalf of his son, David Jordan. 6. Defendant David Jordan is a co-signor and guarantor of said Contract #1. 7. As a co-signor and guarantor of said Contract #1, Defendant David Jordan is obligated and liable for any outstanding amount due and payable under Contract 91. 8. As of October 6, 2000, the outstanding balance due and payable by Defendants to Plaintiff is $4,805.02, plus interest and costs accruing hereafter. TRUE COPY FROM RECORD In Testimony, #treraof, i' hero unto set my bw and the of said Co rtat` 7y . , ° J vl? prothoMary 9. On or about August 22, 1997, Defendant James W. Jordan entered into an additional Educational Goods and Services Retail Installment Contract ("Contract 112") with Plaintiff. A copy of this Contract #2 is attached hereto as Exhibit "B". 10. The Contract #2 provided for the financing of $6,000.00 plus interest and costs by Defendant on behalf of his son, David Jordan. 11. Defendant David Jordan is a co-signor and guarantor of said Contract #2. 12. As a co-signor and guarantor of said Contract #2, Defendant David Jordan is obligated and liable for any outstanding amount due and payable under Contract #2. 13. As of October 6, 2000, the outstanding balance due and payable by Defendants to Plaintiff is $6,681.04, plus interest and costs accruing hereafter 14. The outstanding balance of $11,486.06 represents the total and actual overdue value of the financing provided to the Defendants under Contract #1 and Contract 42 forwhich Defendants have yet to pay. COUNTI BREACH OF CONTRACT 15. Plaintiff hereby incorporates by reference the averments contained in paragraphs 1 through 14 of this Complaint. 16. Plaintiff has fulfilled, performed and complied with all obligations and conditions of Contract #1 and Contract #2. 17. Defendants have breached the expressed and implied obligations, conditions and terms of agreement of Contract 91 and Contract #2 to pay the amounts financed therein. WHEREFORE, Plaintiff demands judgment against the Defendants, jointly and severally, in the amount of $11,486.06 plus interest and costs accruing subsequent to October 6, 2000, and said amount is within the limits set forth for compulsory arbitration in Cumberland County, Pennsylvania. COUNT II QUANTUM MERUIT 18. Plaintiff hereby incorporates by reference the averments contained in paragraphs 1 through 17 of this Complaint. 19. The Defendants are liable to the Plaintiff and/or have been unjustly enriched in the amount of $11,486.06 plus interest and costs accruing subsequent to October 6, 2000. WHEREFORE, Plaintiff demands judgment against the Defendants, jointly and severally, in the amount of $11,486.06 plus interest and costs accruing subsequent to October 6, 2000, and said amount is within the limits set forth for compulsory arbitration in Cumberland County, Pennsylvania. MARTSON DEARDORFF WILLIAMS & OTTO c By a6!;2x - i?aY4fiy George B. Faller, Esquire `U' I.D. No. 49813 Ten East High Street Carlisle, PA 17013-3093 (717) 243-3341 Attorneys for Plaintiff Date: b Di 5a, r? i ?tOCc LOAD C3T.SPLt`Y/Ti\ANS INPUT-1 TPPECTIVE 10 06 00 1"f bills SA)MR(C"5; 1) d2EPFZC'CESS OS 12'00 ACCOUNT :372 S45. 653 +J1 PROGRAM 10 BOX 6 CITY/STATE MARRISBURC PA !`3C)oD LDOM SRC MAIL ALDR M{ R,8 LOANS DICKINSON COLLEGF-2500 PR STi1DEPdT ID OPTION ZIP 47106 1933 PHONE 717 241 4173 GOOD CHro 1.2 01 99 PH SRC INST PH CHG 00 00 00 ('aB"i CTS JL .00 L ST PDTE 02 02 0 (D :•? LST PMT" 500.00 .CO . 6 14RXT DUE 1.0 ° 213 00 :.`LFdK p pr'' .00 YTI:D PPd3 .00 NXTPMT 76.40 cum IpD 494.51 YTD IPCD .00 VILLS GEN 3 SCUM LCHC 5.49 YTD LCHG .00 MIN CD/PRO CD Y Y cum c/F'EF, .00 YTU C/FSE .00 MIN AMT .00 CUM O/C:ST .00 YTD O/CST .00 SEP DATE 06 01 00 CUM PCANC .00 YT£D PCANC .00 GRCE EUD 06 01 00 PPM T31gD 00 00 00 PPM i`3PAT .00 GRCE M'CHS 000 DEF END 00 00 00 TOT # ADV 001 CONY LDTE 11 IS 97 C RAC DATE 00 ", Ad) 00 NOTE LDTH 17 04 97 :ST ADV 4,000 00 LOAN TYP/ST I 400 8-: Ta 7AdT FtAIiC STATUS 49 C BILL, METHOD S RPY PLAN/FRQ I M SILL TNT F'RQ dot TNT IWER 11 .000 DELINQ INd.' .000 ***STOP CODES *** INT ACRUAL 0 INVOICING C d3ILL/INVOI SS CD PVVE; CONTACT C DELTNQ PROC 0 AUDIT 0 DICKINSON COLLEGE FLEXIBLE FINANCING SYSTEM - PLAN A EDUCATIONAL GOODS AND SERVICES RETAIL INSTALLMENT CONTRACT August 15, 1997 I. Seller: Dickinson College, Carlisle, Pennsylvania 17013 Buyer(s): James W. Jordan -50 a nal-St Apt9 !al a 3,s1d1 e J? Carlate, PA 17013 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 David Jordan (hereinafter "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 FINANCE AMOUNT TOTAL OF TOTAL SALE PERCENTAGE CHARGE: FINANCED: PAYMENTS: PRICE: RATE: Dollar Amount Amount of credit Amount paid by Total cost of Cost of credit as credit will provided by Buyer as total of all purchase on credit yearly rate cost Buyer Dickinson College scheduled including down payments payment of Prior to repay- ment: 11.00% 23,290.00 During repay-ment: 11.00% 2655.41 4,000.00 6655.41 27,290.00 Rev 2/92 Jordan Buyer's payment schedule will be as follows: Number of Payments Amount of Payments When Payments are Due monthly commencing 9/28/97, and continuing until 04/28/00 or such time as Student is no longer enrolled at 32 $36.67 Dickinson (or in an approved full-time off-campus program of studies), whichever is earlier. monthly commencing 05/28/00 or such time as Student is 72 $76.14 no longer enrolled at Dickinson (or in an approved full- time off-campus program of studies), whichever is earlier. Late charge: If a payment is more than 15 days late, a sum equivalent to 5% of the late payment (but no more than $2.50 and not less than $1.00) may be charged. Prepayment: Buyer may. prepay the unpaid balance of the Amount Financed and any FINANCE CHARGE due through the date of early payment, in full or in part, without penalty. SEE SECTION VI OF THE CONTRACT BELOW FOR ANY ADDITIONAL INFORMATION ABOUT NON- PAYMENT, DEFAULT AND REQUIRED REPAYMENT BEFORE THE SCHEDULED DATE FOR REPAYMENT OF THE AMOUNT FINANCED. III. ITEMIZATION OF AMOUNT FINANCED 1. 2. 3. 4. 5. Cash price of Goods and Services: Total down payment: Unpaid balance of cash price (1 - 2): Amount paid to others on Buyer's behalf: Amount Financed (3 + 4): 27,290.00 23,290.00 4,000.00 -0- 4,000.00 2 IV. CREDIT INSURANCE Credit life insurance for the tens 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 anv 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 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. 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 thatjurisdiction 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 IS CONTRACT AND INTEND(S) TO BE LEGALLY BOUND BY ITS S. BUYER(S): I AGREE TO REPAY ALL AMOUNTS DUE ON THIS LOAN IF THE BORROWER(S)/BUYER(S) FAILS TO DOSOIN ACCORDANCE WITH THE TERMS OF THE NOTE: A STUDENT COSIGNER TRANSCRIPTS OF A STUDENT'S RECORD WILL NOT BE RELEASED IF LOAN PAYi%IENTS TO THE COLLEGE ARE IN ARREARS OR DEFAULT. DATE: DICKINSON COLLEGE BY- ?J Vl.r/Yv C_ 9 G?yz t S I e 1 f)g. 4I??. X11- ayi yil3 LOAN DISPLAY/TRANS INPUT-1 EFFECTIVE 10 06 00 OPTION i`C'RANS SOURCE D REPROCESS G7 0 1.00 1 ACCOUNT 3 72 545 653 02 DICKINSON COLLEGE-7000 PR l PROCyRAM MOW M * STUDENT ID NAME is " Ww - P RI- PO BOX CITY/STATE HARRISBURG PA ZIP 1710 6 1934 PHONE 717 241 4173 GOOD GOOD DOM SRC MAIL ADR CHG 12 01 99 PH SRC INST PH CHG 00 00 00 ! MOR_E_ LOANS N$ ' AMC CDUE .00 LST PDTE 02 02 00 STATUS 49 C t' LST PMT 500.00 BILL METHOD S iCAP BAL .00 F NEXT DUE 10 28 00 RPY PLAN/FRQ I M ;CUM PPD 48.86 YTD PPD .00 NXTPMT 77.23 BILL INT FRQ M ;CUM IPD 683.64 YTD IPD .00 #BILLS GEN 2 INT RATE 10 .500 ICUM LCHG 17.50 YTD LCHG .00 MIN CD/PRO CD Y Y DELINQ INT .000 CUM C/FEE .00 YTD C/FEE .00 MIN AMT .00 ***STOP CODES *** I^UM O/CST .00 YTD O/CST .00 SEP DATE 03 20 98 INT ACRUAL 0 ICUM PCANC .00 YTD PCANC .00 GRCE END 03 20 98 INVOICING C IPPM END 00 00 00 PPM AMT .00 GRCE MTHS 000 BILL/INVOICES 0 ',DEF END 00 00 00 TOT # ADV 001 CONV DTE 03 31 98 PDUE CONTACT C I CANCELATE- _-0.0. __U-0-.0-0_._. YTD ADV NOTE--DTE 03 20 9V -5ELINQ^PROC p LST ADV__._000.00 LOAN TYP/ST 1000 AUDIT 0 LOAN RMK %0L',b 6 DICKINSON COLLEGE FLEXIBLE FINANCING SYSTEM - PLAN B EDUCATIONAL GOODS AND SERVICES RETAIL INSTALLMENT CONTRACT August 22, 1997 Seller: Dickinson College, Carlisle, Pennsylvania 17013-2896 Buyer(s): James W. Jordan 1219 Biddle Drive Carlisle, PA 17013 If there is more than one Buyer, each of you will be obligated, jointly and severally, for all sums due and for th, 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 David Jordan (hereinafter "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 FINANCE AMOUNT TOTAL OF TOTAL SALE PERCENTAGE CHARGE: FINANCED: PAYMENTS: PRICE: RATE:* Dollar amount Amount of credit Amount paid by Total cost of E Cost of credit as credit will provided by Buyer as total purchase on yearly rate cost buyer Dickinson College of all scheduled credit, including payments down payment of $ 21,290.00 9.50% $ 3,948.40 $ 6,000.00 $ 9,948.40 $ 27,290.00 Rev 2/92 Jordan Buyer's payment schedule will be as follows: Number of Payments Amount of Payments When Payments are Due 140 $ 71.06 Monthly commencing 09/28/97 until 05/28/09 *Variable Rate: Late Charge: Prepayment: 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 $6,000.00 at 9.50% per annum for 140 months and the prime rate plus I% were increased-to-10.-50°/n,-your-regular-monthly payments would- increase to $74.50: Further, the ANNUAL PERCENTAGE RATE will not increase to more than 18% or such other rate as may be permitted under the Pennsylvania Goods and Services Installment Sales Act. If a payment is more than 15 days late, a sum equivalent to 5% of the late payment (but no more than $2.50 and not less than $1.00) may be charged. Buyer may prepay the unpaid balance of the Amount Financed and any FINANCE CHARGE due through the date of early payment, in full or in 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 Cash price of Goods and Services: 2. Total down payment: Unpaid balance of cash price (1 - 2): Amount paid to others on Buyer's behalf: Amount Financed (3 + 4): $ 27,290.00 21,290.00 6,000.00 -0- 6,000.00 2 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 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, 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. 4 6.- T.ais 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. a. 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,.succes.sors, assigns and legal representatives. 11. TIME IS OF THE ESSENCE OF THIS CONTRACT. NOTICE: ANY HOLDER OF THIS CONSUMER CREDITCONTRACT 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 - - 11--,N 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 TAIE NOTE: STUDENT COSIGNER \ ---A _ /I TRANSCRIPT OF A STUDENT'S RECORD WILL NOT BE RELEASED IF LOAN PAYMENTS TO THE COLLEGE ARE IN ARREARS OR DEFAULT. 5 11/15/2000 11:23 7172431850 MDWO PAGE 06/09 VERIFICATION Thomas Meyer, who is the Assistant Treasurer of Dickinson College and acknowledges that he has the authority to execute this Verification on behalfofDickinson College, and further cerdfcs that the foregoing Complaint is based upon information which has been gathered by my counsel in the preparation ofthe lawsuit. The language ofthis Complaint is that ofcounsel and not my own. I have read the document and to the extent that the Complaint is based uponinfarmation which Ihave given to my counsel, it is true and correct to the best of my knowledge, information and belief, To the extent that the content of the 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.. Section 4904 relating to unswom falsification to authorities, which provides that if I make knowingly false averments, Lmay be subject to criminal penalties. Dickinson College By: Thomas Meyer NOV-15-00 WED 10:25 AM FROM:7172431850 TO:STUDENT ACCOUNTS PAGE 6 F1FILESDATAFILM ndoncud761917-pra.1/&g Created: 01/10/01 09:40:09 AM Revi>cd: 01/10/0103:18:30 PM 7619,17 DICKINSON COLLEGE, Plaintiff V. JAMES W. JORDAN, and DAVID JORDAN, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2000-8143 CIVIL TERM PRAECIPE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please reinstate the attached Complaint against David Jordan, Carrel #367, Lewis Hall, Washington & Lee School of Law, Lexington, Virginia 24450-0303, in the above captioned action and return same to the undersigned for service. MARTSON, DEARDO F, WILLIAMS & OTTO By George B. Faller, Jr., squire I.D. Number: 49813 Ten East High Street Carlisle, PA 17013-3093 (717) 243-3341 Attorneys for Plaintiff Date: January 10, 2001 FMLES\ ATMME\G=&C.cur\761917-m .I Quid. 11/13/000256:13 PM Aevimd: 11/17/0001:20:53 PM DICKINSON COLLEGE, Plaintiff V. JAMES W. JORDAN, and DAVID JORDAN, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2000- O ? Z13 CIVIL TERM 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 rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT l 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 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 MARTSON, DEARDORFF, WILLIAMS & OTTO By Ah- c_ (S 2A 1 George B. Faller, Jr., Esquir I.D. No. 49813 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff Date: '901 090610 DICKINSON COLLEGE, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW r : NO. 2000-114,25 CIVIL TEW 3 JAMES W. JORDAN, and DAVID JORDAN, Cn ?; Defendants r = - COMPLAINT `- r -4 CP AND NOW, comes the Plaintiff, Dickinson College, by and through its attorneys, Martson Deardorff Williams & Otto, and hereby avers as follows: 1. Plaintiff is Dickinson College, 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. Defendant James W. Jordan is an adult individual residing at 1219 Biddle Drive, Carlisle, Cumberland County, Pennsylvania 17013. 3. Defendant David Jordan is an adult individual residing at CARREL #367, Lewis Hall, Washington & Lee School of Law, Lexington, Virginia 24450-0303. 4. On or about August 15, 1997, Defendant James W. Jordan entered into an Educational Goods and Services Retail Installment Contract ("Contract #F) with Plaintiff. A copy of this Contract #1 is attached hereto as Exhibit "A". 5. The Contract #1 provided for the financing of $4,000.00 plus interest and costs by Defendant on behalf of his son, David Jordan. 6. Defendant David Jordan is a co-signor and guarantor of said Contract #1. 7. As a co-signor and guarantor of said Contract 91, Defendant David Jordan is obligated and liable for any outstanding amount due and payable under Contract #1. 8. As of October 6, 2000, the outstanding balance due and payable by Defendants to Plaintiff is $4,805.02, plus interest and costs accruing hereafter. 9. On or about August 22,1997, Defendant James W. Jordan entered into an additional Educational Goods and Services Retail Installment Contract ("Contract #2') with Plaintiff. A copy of this Contract #2 is attached hereto as Exhibit "B". 10. The Contract 92 provided for the financing of $6,000.00 plus interest and costs by Defendant on behalf of his son, David Jordan. 11. Defendant David Jordan is a co-signor and guarantor of said Contract #2. 12. As a co-signor and guarantor of said Contract #2, Defendant David Jordan is obligated and liable for any outstanding amount due and payable under Contract #2. 13. As of October 6, 2000, the outstanding balance due and payable by Defendants to Plaintiff is $6,681.04, plus interest and costs accruing hereafter 14. The outstanding balance of $11,486.06 represents the total and actual overdue value of the financing provided to the Defendants under Contract #1 and Contract #2 for which Defendants have yet to pay. COUNTI BREACH OF CONTRACT 15. Plaintiff hereby incorporates by reference the averments contained in paragraphs 1 through 14 of this Complaint. 16. Plaintiff has fulfilled, performed and complied with all obligations and conditions of Contract #1 and Contract #2. 17. Defendants have breached the expressed and implied obligations, conditions and terms of agreement of Contract #1 and Contract #2 to pay the amounts financed therein. WHEREFORE, Plaintiff demands judgment against the Defendants, jointly and severally, in the amount of $11,486.06 plus interest and costs accruing subsequent to October 6, 2000, and said amount is within the limits set forth for compulsory arbitration in Cumberland County, Pennsylvania. COUNT II QUANTUM MERUIT 18. Plaintiff hereby incorporates by reference the averments contained in paragraphs 1 through 17 of this Complaint. 19. The Defendants are liable to the Plaintiff and/or have been unjustly enriched in the amount of $11,486.06 plus interest and costs accruing subsequent to October 6, 2000. WHEREFORE, Plaintiff demands judgment against the Defendants, jointly and severally, in the amount of $11,486.06 plus interest and costs accruing subsequent to October 6, 2000, and said amount is within the limits set forth for compulsory arbitration in Cumberland County, Pennsylvania. MARTSON DEARDORFF WILLIAMS & OTTO By 4? ,! George B. aller, Esquire V I.D. No. 49813 Ten East High Street Carlisle, PA 17013-3093 (717) 243-3341 Attorneys for Plaintiff Date: 'JGV a cbu c90, ocoo LOAN DISPLAY/TRAMS INPUT-1 EFFECTIVE 10 06 00 OPTION TRANS SOURCE D REPROCESS 08 12 00 MORE LOANS MORE T CDUE .00 LST PDTE 02 02 00 STATUS 49 C LST PMT 500.00 BILL METHOD S .00 DUE 17-.-U7- NEXT DUE 10 28 00 RPY PLAN/FRQ I M CUM PPD .00 YTD PPD .00 NXTPMT 76.40 BILL INT FRQ M CUM IPD 494.51 YTD IPD .00 #BILLS GEN 3 INT RATE 11.000 CUM LCHG 5.49 YTD LCHG .00 MIN CD/PRO CD Y Y DELINQ INT .000 CUM C/FEE .00 YTD C/FEE .00 MIN AMT .00 ***STOP CODES*** SUM O/CST .00 YTD O/CST .00 SEP DATE 06 01 00 INT ACRUAL 0 CUM PCANC .00 YTD PCANC .00 GRCE END 06 01 00 INVOICING C -PPM END 00 00 00 PPM AMT .00 GRCE MTHS 000 BILL/INVOICES 0 DEF END 00 00 00 TOT # ADV 001 CONV DTE 11 18 97 PDUE CONTACT C CANC DATE 0 YTD ADV .00 NOTE DTE 11 04 97 DELINQ PROC 0 ST ADV 4,000.00 LOAN TYP/ST I 000 AUDIT 0 ?I LOAN RMK OQgU_°? DICKINSON COLLEGE FLEXIBLE FINANCING SYSTEM - PLAN A EDUCATIONAL GOODS AND SERVICES RETAIL INSTALLMENT CONTRACT August 15, 1997 Seller: Dickinson College, Carlisle, Pennsylvania 17013 Buyer(s): James W. Jordan ?ddte? "?? ial9 ?' C'a. la 1c, PA 1-7013 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 David Jordan (hereinafter "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 FINANCE AMOUNT TOTAL OF TOTAL SALE PERCENTAGE CHARGE: FINANCED: PAYMENTS: PRICE: RATE: Dollar Amount Amount of credit Amount paid by Total cost of Cost of credit as credit will provided by Buyer as total of all purchase on credit yearly rate cost Buyer Dickinson College scheduled including down payments payment of Prior to repay- ment: 11.00% 23,290.00 During repay-ment: 11.00% 2655.41 4,000.00 6655.41 27,290.00 Rev 2/92 Jordan Buyer's payment schedule will be as follows: Number of Payments Amount of Payments When Payments are Due monthly commencing 9/28/97, and continuing until 04/28/00 or such time as Student is no longer enrolled at 32 $36.67 Dickinson (or in an approved full-time off-campus program of studies), whichever is earlier. monthly commencing 05/28/00 or such time as Student is 72 $76.14 no longer enrolled at Dickinson (or in an approved full- time off-campus program of studies), whichever is earlier. Late charge: If a payment is more than 15 days•late, a sum equivalent to 5% of the late payment (but no more than $2.50 and not less than $1.00) may be charged. Prepayment: Buyer may. prepay the unpaid balance of the Amount Financed and any FINANCE CHARGE due through the date of early payment, in full or in part, without penalty. SEE SECTION VI OF THE CONTRACT BELOW FOR ANY ADDITIONAL INFORMATION ABOUT NON- PAYMENT, DEFAULT AND REQUIRED REPAYMENT BEFORE THE SCHEDULED DATE FOR REPAYMENT OF THE AMOUNT FINANCED. III. ITEMIZATION OF AMOUNT FINANCED 2. Cash price of Goods and Services: Total down payment: $ 27,290.00 23,290.00 4. Unpaid balance of cash price (1 - 2): Amount paid to others on Buyer's behalf: 4,000.00 -0- 5. Amount Financed (3 + 4): $ 4,000.00 IV. CREDIT INSURANCE Credit life insurance for the tens of this Contract is not required. V. NO WARRANTIES THERE ARE NO WARRANTIES, EITHER EXPRESSED OR IMPLIED, GIVEN BY SELLER IN CONNECTION WrM 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 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 Sellers 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 Buyers last known address as shown on Sellers 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 Sellers rights and remedies shall be cumulative. Seller's exercise of one or more rights shall not cause Seller to lose any other rights. 6. This Contract is freely assignable by Seller. Buyer agrees that upon receiving notice of the assignment Buyer shall be obligated to the Assignee of this Contract, which Assignee shall have all of Seller's rights and remedies. 7. If any part of this Contract is held to be illegal, void or unenforceable, that provision shall be deemed not to have been a part of this Contract, which shall otherwise remain fully effective. 8. 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. It. 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 COMPLETELYTILLED-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 S CONTRACT AND INTEND(S) TO BE LEGALLY BOUND BY ITS S. ' - q BUYER(S): J I AGREE TO REPAY ALL AMOUNTS DUE ON THIS LOAN IF THE BORROWER(S)VBUYER(S) FAILS TO DOSOIN ACCORDANCE WITH THE TERMS OF THE NOTE: A STUDENT TRANSCRIPTS OF A STUDENT'S RECORD WILL NOT BE RELEASED IF LOAN PAYI ENTS TO TIME COLLEGE ARE IN ARREARS OR DEFAULT. DATE: DICKINSON COLLEGE ° f BY C c? yz i s 1 f )9 I l G l 4 -l.?.? -?11- aye-y?73 IOAIV DISPLAY/TRANS INPUT-1 EFFECTIVE 10 06 00 OPTION TRAA?S SOURCE D REPROCESS 07 01 00 1aCCOUNT 3 72 545 653 02 DICKINSON COLLEGE-70 00 'PR PROGRAM = STUDENT ID =SAME PRI Y :PO $OX CITY/STATE HARRISBURG PA ZIP 171 06 1934 PHONE 717 241 4173 GOOD . FOOD DOM SRC MAIL ADR CHG 12 01 99 PH SRC INST PH CHG 00 00 00 zr[O_RE LOANS. _i,, ?, NS AMT CDUE .00 LST PDTE 02 02 00 STATUS 49 C LST PMT 500.00 BILL METHOD S ?^AP BAL .00 FEE S DUE NEXT DUE 10 28 00 RPY PLAN/FRQ I M f7UM PPD 48.86 YTD PPD .00 NXTPMT 77.23 BILL INT FRQ M CUM IPD 683.64 YTD IPD .00 #BILLS GEN 2 INT RATE 10 .500 `CUM LCHG 17.50 YTD LCHG .00 MIN-CD/PRO CD Y Y DELINQ INT .000 CUM C/FEE .00 YTD C/FEE .00 MIN AMT .00 ***STOP CODES *** ;CUM O/CST .00 YTD O/CST .00 SEP DATE 03 20 98 INT ACRUAL 0 ;r'UM PCANC .00 YTD PCANC .00 GRCE END 03 20 98 INVOICING C -FPM END 00 00 00 PPM AMT .00 GRCE MTHS 000 BILL/INVOICES 0 'EF END 00 00 00 ' TOT # ADV 001 CONY DTE 03 31 98 PDUE CONTACT C -^ANC D fTE- fib- 0? 00- SrTJS - --- :?7? NOTE-DIE 3 2? z18 -DELINQ-PIFOC- - -0-- LST AD_V.__ 000.00 LOAN TYP/ST 1000 AUDIT 0 LOAN RMK %0i' DICKINSON COLLEGE FLEXIBLE FINANCING SYSTEM - PLAN B EDUCATIONAL GOODS AND SERVICES RETAIL INSTALLMENT CONTRACT August 22, 1997 1. Seller: Dickinson College, Carlisle, Pennsylvania 17013-2896 Buyer(s): James W. Jordan 1219 Biddle Drive Carlisle, PA 17013 If there is more than one Buyer, each of you will be obligated, jointly and severally, for all sums due and for t performance of all agreements as provided in this Contract. Under the terms of this Educational Goods and Serviees Retail installment contract, you have agreed to pay tl expenses incurred for goods and services to be provided and rendered, as the case may be, to David Jordan (hereinaft "Student") during his/her enrollment, at Dickinson College during the 1998 academic year, including tuition, room at 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 FINANCE AMOUNT TOTAL OF TOTAL SALE PERCENTAGE CHARGE: FINANCED: PAYMENTS: PRICE: RATB:* Dollar amount Amount of credit Amount paid by Total cost of Cost of credit as credit will provided by Buyer as total purchase on yearly rate cost buyer Dickinson College of all scheduled credit, including payments down payment of $ 21,290.00 9.50% $ 3,948.40 $ 6,000.00 $ 9,948.40 I $ 27,290.00 Rev 2/92 Jorda Buyer's payment schedule will be as follows: Number of Payments Amount of Payments When Payments are Due 140 $ 71.06 Monthly commencing 09/28/97 until 05/28/09 *Variable Rate: The ANNUAL PERCENTAGE RATE disclosed above is a variable rate and may change- Tb ANNUAL PERCENTAGE RATE may increase during the term of this transaction if the prime rai of interest announced in the Wall Street Journal as of the close of business on June 30 of eacl 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 wit become effective on July 1 following the increase, if any, in the prime rate of interest Any increas will be in the form of higher payment amounts. If your cost of the Goods and Services Sol, hereunder were $6,000.00 at 9.50% per annum for 140 months and the prime rate plus I% wen increased-to-1030%;- your regular-monthly payments would increase to $74.50. - Further, th ANNUAL PERCENTAGE RATE will not increase to more than 18% or such other rate as may b 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 morn than $2.50 and not less than $1.00) maybe charged. ` Prepayment: Buyer may prepay the unpaid balance of the Amount Financed and any FINANCE CHARGE dul 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 Cash price of Goods and Services: $ =. Total down payment: Unpaid balance of cash price (1 - 2): Amount paid to others on Buyer's behalf: 27,290.00 21,290.00 6,000.00 -0- Amount Financed (3 + 4): $ 6,000.00 2 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 GOODS AND SERVICES COVERED BY THIS CONTRACT UNLESS BUYER HAS BEEN GIVEN A SEPARATE WRITTEN WARRANTY. VI. ADDITIONAL PROVISIONS I. 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 Technolo ies, 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. 4 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- S. 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 ?l 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. 5 11/15/2000 11:23 7172431650 MDWD PAGE 06/09 VERIFICATION Thomas Meyer, who is the Assistant Treasurer of Dickinson College and acknowledgea that be has the authority to execute this Verification on behalf ofMckinson College, and finther cwdfies that the foregoing Complaint is based upon information which has been gathered by my counsel in the preparation of the lawsuit. The language of this Complaint is that of counsel and not my own. I have read the document and to the extent that theComplaint isbased upon ini'otmationwhich Ihave given to my counsel, it is hue and correct to the best of my knowledge, information and belief. To the extent that the content of the Complaint is that of counsel, I have relied upon counsel in malting this Verification. This statement and Verification are made subject to the penalties of 18 Pa, C. S.. Section 4904 relating to unworn falsification to authorities, which provides that if I make knowingly false averments, I may be subject to criminal penalties. Dickinson College By: Thorns Meyer NOV-15-00 WED 10:25 AM FROM:7172431850 TO:STUDENT ACCOUNTS PAGE 6 F:?FILES?DATAFILE?[;evdoc.ov,'.'1fi191'!-pra.?/drg 9619.17 DICKINSON COLLEGE, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW NO. 2000-8143 CIVIL TERM JAMES W. JORDAN, and DAVID JORDAN, Defendants PRAECIPE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please reinstate the attached Complaint against James W. Jordan, 9 Dogwood Building, Middletown, Dauphin County, Pennsylvania 17057, in the above captioned action and forward same to the Sheriff for service. MARTSON, DEARDORFF, WILLIAMS & OTTO George B. Faller, Jr., Esc I.D. Number: 49813 Ten East High Street Carlisle, PA 17013-3093 (717) 243-3341 Attorneys for Plaintiff Date: January 31, 2001 F:\FRE9UTATAFUBAGendou.cw\7619 V<om.I CI.W: If/13/000256:13PM RCVi9A 11117MO93:28:53 PM DICKINSON COLLEGE, Plaintiff V. JAMES W. JORDAN, and DAVID JORDAN, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2000- O 'l ZB CIVIL TERM 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 rights important to you. `m°sJ YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE_ IF YOU DO NOT J 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 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 MARTSON, DEARDORFF, WILLIAMS & OTTO By L rS George B. alley, Jr., Esquir I.D. No. 49813 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff i Date: d6i MOO DICKINSON COLLEGE, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA n V. CIVIL ACTION -LAW r., 71 f-, : NO, 2000-1 4, CIVIL TERt JAMES W. JORDAN, and DAVID JORDAN,: Defendants ° COMPLAINT r AND NOW, comes the Plaintiff, Dickinson College, by and through its attorneys, Martson Deardorff Williams & Otto, and hereby avers as follows: 1. Plaintiff is Dickinson College, 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. Defendant James W. Jordan is an adult individual residing at 1219 Biddle Drive, Carlisle, Cumberland County, Pennsylvania 17013. 3. Defendant David Jordan is an adult individual residing at CARREL #367, Lewis Hall, Washington & Lee School of Law, Lexington, Virginia 24450-0303. 4. On or about August 15, 1997, Defendant James W. Jordan entered into an Educational Goods and Services Retail histalhnent Contract ("Contract #F) with Plaintiff. A copy of this Contract #1 is attached hereto as Exhibit "A". 5. The Contract #1 provided for the financing of $4,000.00 plus interest and costs by Defendant on behalf of his son, David Jordan. 6. Defendant David Jordan is a co-signor and guarantor of said Contract #1. 7. As a co-signor and guarantor of said Contract #1, Defendant David Jordan is obligated and liable for any outstanding amount due and payable under Contract 91. 8. As of October 6, 2000, the outstanding balance due and payable by Defendants to Plaintiff is $4,805.02, plus interest and costs accruing hereafter. 9. On or about August 22, 1997, Defendant James W. Jordan entered into an additional Educational Goods and Services Retail Installment Contract ("Contract #2") with Plaintiff. A copy of this Contract #2 is attached hereto as Exhibit "B". 10. The Contract #2 provided for the financing of $6,000.00 plus interest and costs by Defendant on behalf of his son, David Jordan. 11. Defendant David Jordan is a co-signor and guarantor of said Contract #2. 12. As a co-signor and guarantor of said Contract #2, Defendant David Jordan is obligated and liable for any outstanding amount due and payable under Contract #2. 13. As of October 6, 2000, the outstanding balance due and payable by Defendants to Plaintiff is $6,681.04, plus interest and costs accruing hereafter 14. The outstanding balance of $11,486.06 represents the total and actual overdue value of the financing provided to the Defendants under Contract #1 and Contract #2 forwhich Defendants have yet to pay. COUNTI BREACH OF CONTRACT 15. Plaintiff hereby incorporates by reference the averments contained in paragraphs 1 through 14 of this Complaint. 16. Plaintiffhas fulfilled, performed and complied with all obligations and conditions of Contract #1 and Contract #2. 17. Defendants have breached the expressed and implied obligations, conditions and terms of agreement of Contract #1 and Contract #2 to pay the amounts financed therein. WHEREFORE, Plaintiff demands judgment against the Defendants, jointly and severally, in the amount of $11,486.06 plus interest and costs accruing subsequent to October 6, 2000, and said amount is within the limits set forth for compulsory arbitration in Cumberland County, Pennsylvania. COUNT H QUANTUM MERUIT 18. Plaintiff hereby incorporates by reference the averments contained in paragraphs 1 through 17 of this Complaint. 19. The Defendants are liable to the Plaintiff and/or have been unjustly enriched in the amount of $11,486.06 plus interest and costs accruing subsequent to October 6, 2000. WHEREFORE, Plaintiff demands judgment against the Defendants, jointly and severally, in the amount of$11,486.06plus interest and costs accruing subsequent to October6, 2000, and said amount, is within the limits set forth for compulsory arbitration in Cumberland County, Pennsylvania. MARTSON DEARDORFF WILLI AMS & OTTO By Y-? George M Faller, Esquire I.D. No. 49813 Ten East High Street Carlisle, PA 17013-3093 (717) 243-3341 Attorneys for Plaintiff Date: SC,U-MLbIA- ?9O? D(-;CO LOAN DISPLAY/TRANS INPUT-1 EFFECTIVE 10 06 00 .TRANS SOURCE D REPROCESS 08 12 00 ACCOUNT 372 545 653 01 mommoffoomm NAME PO BOX 61 CITY/STATE GOOD DOM MORE LOANS PHONE 717 241 4173 GOOI PH SRC INST PH CHG 00 00 0( CDUE .00 LST PDTE 02 02 00 LST PMT 500.00 00 NEXT DUE 10 28 00 CUM PPD .00 YTD PPD .00 NXTPMT 76.40 CUM IPD 494.51 YTD IPD .00 #BILLS GEN 3 CUM LCHG 5.49 YTD LCHG .00 MIN CD/PRO CD'Y Y CUM C/FEE .00 YTD C/FEE .00 MIN AMT .00 CUM O/CST .00 YTD O/CST .00 SEP DATE 06 01 00 CUM PCANC .00 YTD PCANC .00 GRCE END 06 01 00 PPM END 00 00 00 PPM AMT .00 GRCE MTHS 000 D$F END 00 00 00 TOT # ADV 001 CONV DTE 11 18 97 CANC DATE 00 YTD ADV .00 NOTE DTE 11 04 97 ST ADV 4,000.00 LOAN TYP/ST I 000 LOAN RMK OPTION DICKINSON COLLEGE-2500 P] STUDENT ID STATUS 49 BILL METHOD S RPY PLAN/FRQ I N BILL INT FRQ N INT RATE 11 .000 DELINQ INT • .000 ***STOP CODES *** INT ACRUAL 0 INVOICING C BILL/INVOICES 0 PDUE CONTACT C DELINQ PROC 0 AUDIT 0 HARRISBURG PA ZIP 17106 1934 SRC MAIL ADR CHG 12 01 99 040-0( ?,?g`? C DICKINSON COLLEGE FLEXIBLE FINANCING SYSTEM - PLAN A EDUCATIONAL GOODS AND SERVICES RETAIL INSTALLMENT CONTRACT August 15, 1997 1. Seller: Dickinson College, Carlisle, Pennsylvania 17013 Buyer(s): James W. Jordan -5e eatratsrApt 1a/9 -3iddle2?y Jt- Carla be, PR /-74)13 If there is more than one Buyer, each of you wilIbe obligated, jointly and severally, for all sums due and for the performance of all agreements as provided in." 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 David Jordan (hereinafter "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 FINANCE AMOUNT TOTAL OF TOTAL SALE PERCENTAGE CHARGE: FINANCED: PAYMENTS: PRICE: RATE: Dollar Amount Amount of credit Amount paid by Total cost of Cost of credit as credit will provided by Buyer as total of all purchase on credit yearly rate cost Buyer Dickinson College scheduled including down payments payment of Prior to repay- ment: 11.00% 23,290.00 During repay-ment: 11.00% 2655.41 4,000.00 6655.41 27,290.00 Rev 2/92 Jordan Buyer's payment schedule will be as follows: Number of Payments Amount of Payments When Payments are Due monthly commencing 9/28/97, and continuing until 04/28/00 or such time as Student is no longer enrolled at 32 $36.67 Dickinson (or in an approved full-time off-campus program of studies), whichever is earlier. monthly commencing 05/28/00 or such time as Student is 72 $76.14 no longer enrolled at Dickinson (or in an approved full- time off-campus program of studies), whichever is earlier. Late charge: If a payment is more than 15 days late, a sum equivalent to 5% of the late payment (but no more than $2.50 and not less than $1.00) may be charged. Prepayment: Buyer may. prepay the unpaid balance of the Amount Financed and any FINANCE CHARGE due through the date of early payment, in full or in part, without penalty. SEE SECTION VI OF THE CONTRACT BELOW FOR ANY ADDITIONAL INFORMATION ABOUT NON- PAYMENT, DEFAULT AND REQUIRED REPAYMENT BEFORE THE SCHEDULED DATE FOR REPAYMENT OF THE AMOUNT FINANCED. III. ITEMIZATION OF AMOUNT FINANCED 2. Cash price of Goods and Services: Total down payment: $ 27,290.00 23,290.00 4. Unpaid balance of cash price (1 - 2): Amount paid to others on Buyer's behalf. 4,000.00 -0- 5. Amount Financed (3 + 4): $ 4,000.00 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 551640974 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 Seiler, (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, (t) insolvency or bankruptcy of any Buyer. 4. Upon or after the occurrence of any Event of Default, Seller will provide Buyer with notice, by certified mail 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 Seiler should thereafter choose to exercise that or any other right or a similar Event of Default occurs later. All Seller's rights and remedies shall be cumulative. Seller's exercise of one or more rights shall not cause Seller to lose any other rights. 6. This Contract is freely assignable by Seller. Buyer agrees that upon receiving notice of the assignment Buyer shall be obligated to the Assignee of this Contract, which Assignee shall have all of Seller's rights and remedies. 7. If any part of this Contract is held to be illegal, void or unenforceable, that provision shall be deemed not to have been a part of this Contract, which shall otherwise remain fully effective. 8. APPLICABLE LA W: 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 thatjurisdiction 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 WEBCH 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 7 IS CONTRACT AND INTEND(S) TO BE LEGALLY BOUND BY ITS S. BUYER(S): I AGREE TO REPAY ALL AMOUNTS DUE ON THIS LOAN IF THE BORRO WER(SNBUYER(S) FAILS TO DOSOIN ACCORDANCE WITH THE TERMS OF THE NOTE: , A STUDENT COSIGNER TRANSCRIPTS OF A STUDENT'S RECORD WILL NOT BE RELEASED IF LOAN PAYMENTS TO THE COLLEGE, AT E IN ARREARS OR DEFAULT. DATE: DICKINSON COLLEGE e !!5--Or l 1- G cY 4 1 "e U yt Qi JOAN DISPLAY/TRANS INPUT-1 EFFECTIVE 10 06 00 OPTION TRANS SOURCE D , REPROCESS 07 01 00 ACCOUNT 372 545 653 02 +`e DICKI'NSON'COLLEGE-7000 PI PROGRAM STUDENT ID NAME PRI RY PO BOX VITY/STATE HARRISB URG PA ZIP 171 06 1934 PHONE 717 241 4173 GOOI V,OOD DOM SRC MAI L ADR CHG 12 01 99 PH SRC INST PH CHG 00 00 0( MORE LOAN .- .. ! NS AMT CDUE 00 LST PDTE 02 02 00 STATUS 49 C LST PMT 500.00 BILL METHOD S CAP BAL .00 F NEXT DUE 10 28 00 RPY PLAN/FRQ I N CUM PPD 48.86 YTD PPD .00 NXTPMT 77.23 BILL INT FRQ N f'UM IPD 683.64 YTD IPD. .00 #BILLS GEN 2 INT RATE 10 .500 CUM LCHG 17.50 YTD LCHG .00 MIN CD/PRO CD Y Y DELINQ INT _000 CUM C/FEE .00 YTD C/FEE .00 MIN AMT .00 ***STOP CODES *** CUM O/CST .00 YTD O/CST .00 SEP DATE 03 20 98 INT ACRUAL 0 CUM PCANC .00 YTD PCANC .00 GRCE END 03 20 98 INVOICING C PPM END 00 00 00 PPM AMT .00 GRCE MTHS 000 BILL/INVOICES O 7]EF END 00 00 00 TOT # ADV 001 CONY DTE 03 31 98 PDUE CONTACT C %ANC -ISY1TE- ? -?' a 0 _ _ YTri AISV- - ' --- :Z1? 770TE-"DTE?3 -Z0?3? - ISEI;iNQ PR1'SC. ?6 LST ADV 6, 000.00 LOAN TYP/ST I 000 AUDIT 0 LOAN RMK .. +r jb f7,b 1 DICKINSON COLLEGE FLEXIBLE FINANCING SYSTEM - PLAN B EDUCATIONAL GOODS AND SERVICES RETAIL INSTALLMENT CONTRACT August 22, 1997 1. Seller: Dickinson College, Carlisle, Pennsylvania 17013-2896 Buyer(s): James W. Jordan 1219 Biddle Drive Carlisle, PA 17013 If there is more than one Buyer, each of you will be obligated, jointly and severally, for all sums due and foi performance of all agreements as provided in this Contract. Under fhe terms of this Educational Goods and Services Retail Installment Contract, you have agreed to pay expenses incurred for goods and services to be provided and rendered, as the case may be, to David Jordan (herein "Student") during his/her enrollment at Dickinson College during the 1998 academic year, including tuition, room 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 FINANCE AMOUNT TOTAL OF TOTAL SALE PERCENTAGE CHARGE: FINANCED: PAYMENTS: PRICE: RATE:* Dollar amount Amount of credit Amount paid by Total cost of Cost of credit as credit will provided by Buyer as total purchase on yearly rate cost buyer Dickinson College of all scheduled credit, including payments down payment of $ 21,290.00 9.50% I $ 3,948.40 I $ 6,000.00 I $ 9,948.40 1 $ 27,290.00 Rev 2/92 Jon Buyer's payment schedule will be as follows: Number of Payments Amount of Payments When Payments are Due 140 $ 71.06 Monthly commencing 09/28/97 until 05/28/09 *Variable Rate: The ANNUAL PERCENTAGE RATE disclosed above is a variable rate and may change- 7 ANNUAL PERCENTAGE RATE may increase during the term of this transaction if the prime r of interest announced in the Wall Street journal as of the close of business on June 30 of ea calendar year increases, and will be increased to the prime rate plus 10/6. The ANNuo PERCENTAGE RATE will not increase more than once a year, and the new interest rate a become effective on July 1 following the increase, if any, in the prime rate of interest Any incre< will be in the form of higher payment amounts. If your cost of the Goods and Services sc hereunder were $6,000.00 at 9.50% per annum for 140 months and the prime rate plus I% we - --- - - increased-to-1030%-,-your-regular-monthly payments would increase tcr-$`74-.50: - Further,-1 ANNUAL PERCENTAGE RATE will not increase to more than 18% or such other rate as may 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 me than $2.50 and not less than $1.00) maybe charged. Prepayment: Buyer may prepay the unpaid balance of the Amount Financed and any FINANCE CHARGE d 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 NOI PAYMENT, DEFAULT AND REQUIRED REPAYMENT BEFORE THE SCHEDULED DATE FOR REPAYMEN OF THE AMOUNT FINANCED. III. ITEMIZATION OF AMOUNT FINANCED Cash price of Goods and Services: $ 2. Total down payment: i. Unpaid balance of cash price (I - 2): k. Amount paid to others on Buyer's behalf 27,290.01 21,290.0( 6,000.0( -0- Amount Financed (3 +4): $ 6,000.00 2 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 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 55164-0914 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 an 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. 4 5. Tnis 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. II. 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 PURSOANT 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. _ ?l 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 TAIE NOTE: STUDENT COSIGNER TRANSCRIPT OF A STUDENT'S RECORD WILL NOT BE RELEASED IF LOAN PAYMENTS TO THE COLLEGE ARE IN ARREARS OR DEFAULT. 5 11/15/2000 11:23 7172431850 MDWO PAGE 06/09 VERIFICATIQN Thomas Meyer, who is the Assistant Treasurer of Dickinson College and acknowledges that be has the authority to execute this Verification on behalfofDicldnson College, and fiather ce plEm that the foregoing Complaint is based upon information which has been gathered by my counsel in the preparation ofthe lawsuit. Thelanguage ofthis Complaint is that ofcounsel and not myowtt. I have read the document and to the extetathatthe Complaintis based uponinfotnationwhichlhave given to my counsel, it is true and correct to the best of my knowledge, iafarmatian and belief. To the extent that the content ofthe 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.. Section 4904 relating to unworn falsMcation to authorities, winch provides that if I make knowingly false averments, I may be subject to criminal penalties. Dickinson College By: Thomas Meyer NON 5-00 WED 10:25 AM FROM: 7172431850 TO:STUDENT ACCOUNTS PAGE 6 DICKINSON COLLEGE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. JAMES W. JORDAN, and DAVID JORDAN, Defendant CIVIL ACTION - LAW NO. 2000-8143 CIVIL TERM Motion to Dismiss For Lack of Personal Jurisdiction Now come the Defendant, David Jordan, in the above-captioned action and move to dismiss, with respect to himself, on the grounds that the Court of Common Pleas for Cumberland County lacks personal jurisdiction over him. Respectfully Submitted, David Jordan, efendant Washington and Lee University Lewis Hall Carrel # 367 Lexington, VA 24450 (540)462-4128 DICKINSON COLLEGE, Plaintiff V. JAMES W. JORDAN, and DAVID JORDAN, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2000-8143 CIVIL TERM MEMORANDUM IN SUPPORT OF DEFENDANT'S MOTION TO DISMISS Defendant, David Jordan, submits this memorandum in support of his motion to dismiss the above-captioned action for lack of personal jurisdiction. STATEMENT OF FACT Defendant is a citizen of the state of Iowa currently residing within the Commonwealth of Virginia. He was served with process in the town of Lexington within the Commonwealth of Virginia. ARGUMENT L ISSUE 1: ENTIRE CONTRACT IS VOID The contract with Dickinson College is invalid as a contract of adhesion. The terms of the agreement were non-negotiated and no valid assent was given due to the great disparity in bargaining strength between the contracting parties. II. ISSUE 2: INDIVIDUAL FORUM SELECTION CLAUSE IS INVALID Even if the entire contract is not invalidated due to the aforementioned issues, the forum selection clause which grants jurisdiction to the Court of Common Pleas in Cumberland County Pennsylvania should be invalidated as an adhesion provision. In support of this request, Defendant alleges that the individual clause was inconspicuous within the text of the contract and did not require individual assent. The provision was part of a form contract and was not subject to negotiation. The clause is representative of the unequal bargaining strength enjoyed by the plaintiff. In response to this matter, Mr. Jordan respectfully requests that the forum selection clause be stricken from the contract. III. ISSUE 3 COURT LACKS JURISDICTION As an invalid contract of adhesion, the aforementioned provision is insufficient to grant jurisdiction to this court. In absence of this clause, the defendant does not have sufficient minimum contacts with the forum to allow out of state service of this claim. In International Shoe v. Washington, 326 U.S. 310 (1945), the Supreme Court held that in order for a state to properly exercise jurisdiction over a non-resident defendant not present within the forum state, that defendant must have such minimum contacts with the forum such that the exercise of jurisdiction does not offend traditional notions of fair play and substantial justice. Mr. Jordan currently does not maintain sufficient contacts with Pennsylvania to enable the courts to exercise general in personam jurisdiction over him. In addition, jurisdiction cannot be found to lie in this court because such a finding would be so grossly inconvenient to the defendant as to put him at a severe disadvantage in the litigation, in violation of the 14th Amendment to the United States Constitution. In response to the above issues the defendant requests the court to dismiss the action against him in Pennsylvania and allow the matter to be taken up in the appropriate Virginia or Iowa state court. David Jordan Washington and Lee University Lewis Hall Carrel # 367 Lexington, VA 24450 (540)462-4132 CERTIFICATE OF SERVICE I, David Jordan, do hereby certify that I have served a true and correct copy of the foregoing Motion to Dismiss and Memorandum in Support of Defendants Motion to Dismiss upon the following individuals by depositing the same in the United States Mail, postage prepaid, this 13cn day of February, 2001. George B. Faller, Jr., Esquire I.D. No. 49813 Ten East High Street Carlisle, PA 17013 (717) 249-3166 Attorney for the Plaintiff James W. Jordan 9 Dogwood Building Middletown, PA 17057-2541 (717) 944-2420 Co-Defendant David Jordan Washington and Lee University Lewis Hall Carrel # 367 Lexington, VA 24450 (540) 462-4128 DICKINSON COLLEGE, : IN THE COURT OF COMMON PLEAS OF PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA V. JAMES W. JORDAN and DAVID JORDAN, DEFENDANTS 00-8143 CIVIL TERM BEFORE BAYLEY, I ORDER OF COURT AND NOW, this -2!:? day of March, 2001, the motion of David Jordan to dismiss plaintiffs complaint for lack of personal jurisdiction, IS DENIED. By Edgar B. Bayley, J. George B. Faller, Jr., Esquire For Plaintiff David Jordan Washington and Lee University Lewis Hall Carrel #367 Lexington, VA 24450 James W. Jordan 9 Dogwood Building Middletown, PA 17057-2541 e ' :saa F'AFILESIDATAFILEVDickiissan ColleadocM pis41jlb Created 1/22/03228'. 07 EM Revised -?/7/03 10.38'.44 AM 7619C.17 DICKINSON COLLEGE, Plaintiff V. JAMES W. JORDAN, and DAVID JORDAN, Defendants TO THE PROTHONOTARY: 4 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2000-8143 CIVIL TERM JURY TRIAL OF TWELVE DEMANDED PRAECIPE Enter default judgment in the above-captioned action in favor of Plaintiff and against Defendants in the amount of $9,951.14 plus interest through February 7, 2003, in the amount of $2,484.29 for a total of $12,435.43, plus costs of suit and interest of $2.909 accruing per day from February 7, 2003, for Defendants' failure to file an answer to the Complaint. I do hereby certify that a written notice of intention to file this Praecipe (in the form attached hereto) was mailed to the Defendant at the address indicated thereon, on January 22, 2003, which date was subsequent to the date default occurred and at least ten (10) days prior to the date of the Praecipe. MARTSON, DEARDORFF, WILLIAMS & OTTO Ten East High Street Carlisle, PA 17013 (717) 243-3341 f B? David R. Gallo 1 I. D. Number 8732 Attorneys for Plaintiff Dated: February 7, 2003 I III ISL. DAI A[ ILDD;ck 1 1sm Cllcc dac I-un1l'urv C rood I'^ Uf''li N VINI ec+u?& 112,10J ] 3'-IP PNI ib19C I] DICKINSON COLLEGE, Plaintiff V- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2000-8143 CIVIL TERM JAMES W. JORDAN, and DAVID JORDAN, Defendants TO: JAMES W. JORDAN, DEFENDANT JURY TRIAL OF TWELVE DEMANDED IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION REQUIRED OF YOU IN THIS CASE. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF n THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING tug AND YOU MAY LOSE YOURPROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO ORTELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP: Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 (717) 249-3166 MARTSON DEARDORFF WIL AMS & OTTO By ill David R. Galloway, Esquire I. D. Number 87326 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff Dated: January 22, 2003 CERTIFICATE OF SERVICE I, Jody L. Boore, an authorized agent of Martson Deardorff Williams & Otto, hereby certify that a copy of the foregoing Praecipe was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Mr. James W. Jordan P. 0. Box 61934 Harrisburg, PA 17106 Mr. David Jordan Carrel #367 Lewis Hall Washington & Lee School of Law Lexington, VA 24450-0303 MARTSON DEARDORFF WILLIAMS & OTTO BY E 21 'a"--,L Christina N. Yost Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: February 7, 2003 DICKINSON COLLEGE, Plaintiff V. JAMES W. JORDAN, and DAVID JORDAN, Defendants TO THE PROTHONOTARY: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2000-8143 CIVIL TERM : JURY TRIAL OF TWELVE DEMANDED PRAECIPE Please enter the appearance of MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER for the Plaintiff in the above-referenced matter. MARTSON LAW OFFICES By 0 Christopher E. Rice, Esquire I. D. Number 87326 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff Dated: /% Vc-7 ??j ?j . ?. ._? ?. .. ?y T± ....4 - '?`?-. ? . (. } : ' ...dam . r ? ? ? ""` ? y J..7 '? ...?.? F: \FILES\Clients\DickinsonCollege7619\Collections\Current\17\17.pra4/jtb Created: 1/22/03 2:28:07 PM Revised: 10/23/07 1020:04 AM 7619C.17 DICKINSON COLLEGE, Plaintiff V. JAMES W. JORDAN, and DAVID JORDAN, Defendants TO THE PROTHONOTARY: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2000-8143 CIVIL TERM JURY TRIAL OF TWELVE DEMANDED PRAECIPE Please mark the judgment satisfied in the above-referenced matter and the action discontinued. MARTSON LAW OFFICES By Christopher E. Rice, Esquire I. D. Number 87326 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff Dated: 1oJ,;? 3 )0-7 = c r