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Home My WebLink About01-1652 FX . . DICKINSON COLLEGE, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW STANLEY KELL, THEDA M. KELL, and KENNETH KELL, Defendants : NO. 01 ~ II..S"J..... CIU ~ L '-r~ NOTICE TO DEFEND 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 Plaintiff. 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 A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Court Administrator Fourth Floor Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013-3387 Telephone: (717) 240-6200 --,;-.'f. ,';;T-;",'-.""",." ~< -.' .._, . - -.'' ,~H,""",___~, ,~,,'I~ ~"'"}'~r', _ ,,^,' _!", "__: ~__"~,_! __~ ',_. '_~_,-! _ ~__,' w .- __" _~^ ,~, " ~ _~ .0_.> . A VISa USTED HA sma DEMANDADO/A en corte. Si usted desea defenderse de las demandas que se presentan mas adelante en las siguientes paginas, debe tomar accion dentro de los proximos veinte (20) dies despues de la notificacion de esta Demanda y Aviso radicando personalmente 0 por medio de un abogado una comparecencia escrita y radicando en Ia Corte por escrito sus defenses de, y objecciones a, las demandas presentadas aqui en contra suya. Se Ie advierte de que si usted falla de tomar accion como se describe anteriormente, el cave puede proceder sin usted y un falIo por cuaIquier suma de dinero reclamada en la demanda 0 cualquier otra reclamacion 0 remedio soIicitado por el demand ante puede ser dictado en contra suya por Ia Corte sin mas aviso adicional. Usted puede perder dinero 0 propiedad u otros derechos importantes pare usted. USTED DEBE LLEV AR ESTE DOCUMENTO A SU ABODAGO IMMEDIATAMENTE. SI US TED NO TIENE UN ABOGADO 0 NO PUEDE PAGARLE A UNO, LLAME 0 VA Y A A LA SIGUIENTE OFICINA PARA A VERIGUAR DONDE PUEDE ENONTRAR ASISTENCIA LEGAL. Court Administrator Fourth Floor Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013-3387 Telephone: (717) 240-6200 McNEES, WALLACE & NURICK By Attorneys for PIaintiffDickinson College ~,_., - - "-~, ,- _L', ok_ "~~--'''''_'!,_",e__>'~"" ,~- .~ - ."'c, ~---~'_" _::~ ,~I',;-k'- ,-,=- -"_,",1-1~,.. >, .,,_ __".~ , '_I,," "_'_ X"_ ~- " ."" <__,.",_ ., ___',_' _. . _ '~_'" _ _," ,.._" ". ,__~ ~,~, ._,_ , ~ DICKINSON COLLEGE, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW STANLEY KELL, THEDA M. KELL and KENNETH KELL, Defendants It., 5.2- C;vJ. '7 ~ NO. 0 1- COMPLAINT The Plaintiff, Dickinson College, by its attorneys, McNees, Wallace & Nurick, hereby files this Complaint against the Defendants, Stanley Kell, Theda M. Kell, and Kenneth Kell. In support thereof, the Plaintiff avers the following: 1. The Plaintiff, Dickinson College ("Dickinson"), is a Pennsylvania educational institution with its principal offices located in Carlisle, Pennsylvania 17013. 2. The Defendant, Stanley Kell, is an adult individual whose last known address is 734 Ravenswood Drive, Absecon, New Jersey 08201. 3. The Defendant, Theda M. Kell, is an adult individual whose last known address is 242 Pine Hill Road, Sterling, Connecticut 06377. Stanley Kell and Theda M. Kell will collectively be referred to as "Parents." 4. The Defendant, Kenneth Kell, is an adult individual whose last known residential address is 82 Country Club Py. #B, Mount Laurel, New Jersey 08054. Kenneth Kell is currently an attorney, licensed to practice law in New Jersey. His business address is Tomlin, Hopkin & Montemurro, 20 East Redman Avenue, P.O. Box 1000, Haddonfield, New Jersey 08033. 5. On or about January 10, 1983, Parents entered into an Educational Goods and Services Retail Installment Contract ("First Contract") for expenses incurred for goods and services to be provided and rendered to their son Kenneth Kell by Dickinson during the 1982-83 academic '_3, '.' ,-'>.'f.',"'"r, "!l'CW',_>P.7J-/_,_,~",,<,._,,", ''''--,<,,_ ~c_ ,$-"_~,:-,,, "_H,-.," '_,' -.",,,0'1-;->')" ,,-,"""_,_,""', ",__ ""1'_' '_'" _,' > - , ,-_ "_' ,_ _~~ ^ (f ~___r _ _ '", ,- , -~- , ' - T',~ , ~ - , year. A true and correct copy ofthe contract is incorporated by reference and attached as Exhibit "A." 6. On or about September 27,1983, Parents entered into an Educational Goods and Services Retail Installment Contract ("Second Contract") for expenses incurred for goods and services to be provided and rendered to their son Kenneth Kell by Dickinson during the 1983-84 academic year. A true and correct copy ofthe contract is incorporated by reference and attached as Exhibit "B." 7. On or about October 31, 1984, Parents entered into an Educational Goods and Services Retail Installment Contract ("Third Contract") for expenses incurred for goods and services to be provided and rendered to their son Kenneth Kell by Dickinson during the 1984-85 academic year. A true and correct copy of the contract is incorporated by reference and attached as Exhibit "c." 8. On or about August 12, 1985, Parents entered into an Educational Goods and Services Retail Installment Contract ("Fourth Contract") for expenses incurred for goods and services to be provided and rendered to their son Kenneth Kell by Dickinson during the 1985-86 academic year. A true and correct copy of the contract is incorporated by reference and attached as Exhibit "D. " 9. Parents made payments to Dickinson in connection with the above Contracts until February, 2000. The payments were made on behalf of both the Parents and Kenneth Kel1. '.',->)'""".--," , ,-, .' ,- <,-" ,'""".,,'-'-,,''7__'''''''''-''''' "',~---__,_ -__'e'~__ '-" '1"""-'" '-<', 1-" ,'" -_''" ","-"., Y"_'__" - to ,'- - ,,' .. ,,'-.- "_b. ,-",''< ,_ .' ~_ ,,' '''" ,..". '..' ,.",- COUNT I DICKINSON COLLEGE V. STANLEY KELL AND THEDA M. KELL, PARENTS BREACH OF CONTRACT 10. Paragraphs 1 through 9 are incorporated herein by reference as if set forth in full below. 11. Under the terms of the First Contract, Parents, as "Buyer" agreed to pay Dickinson Two Thousand Five Hundred Dollars ($2,500.00) with interest at the initial rate offourteen and one half percent (14.5%) per annum, in one (1) equal monthly installment of Eighteen Dollars and Six Cents ($18.06) commencing on January 31,1983, thirty-nine (39) equal monthly installments of Twenty-Seven Dollars and Eight Cents ($27.08) commencing on February 28, 1983, and ending on April 30, 1986, and seventy-two (72) equal monthly installments of Fifty Dollars and Eighteen Cents ($50.18) commencing on May 30, 1986. 12. Under the terms of the Second Contract, Parents, as "Buyer" agreed to pay Dickinson Seven Thousand Dollars ($7,000.00) with interest at the initial rate of eleven and one half percent (11.5%) per annum, in one hundred thirty nine (139) equal monthly installments of Ninety-One Dollars and Thirty-four Cents ($91.34) commencing on October 31, 1983. 13. Under the terms ofthe Third Contract, Parents, as "Buyer" agreed to pay Dickinson Seven Thousand Dollars ($7,000_00) with interest at the initial rate ofthirteen point nine nine nine percent (13.999%) per annum, in one hundred twenty seven (127) equal monthly installments of One Hundred Five Dollars and Ninety-five Cents ($ 105.95) commencing on November 1, 1984. 14. Under the terms ofthe Fourth Contract, Parents, as "Buyer" agreed to pay Dickinson Seven Thousand Dollars ($7,000.00) with interest at the initial rate often point four nine eight '-:~".." ^ ".., .->.~, -'~:;:1\y''':'__-~"~~,,."''1: ".-To","~. ,'" A ""'Co."."' ',-,..,"," 1''''',"._, -""---'-IT--'-".,..,~- "c''- ~___, -, to .c, '___0 'I'"', ,," _I~_"-' ' .,_ .,_'''f''' ','. __, ~/,__, _ '" '<-, 'f'l 1_"..', _.,_ ,,' 0< ~_" " ,'"~. ",~ ~_" percent (10.498%) per annum, in one hundred sixteen (116) equal monthly installments of Ninety-Six Dollars and Thirty Cents ($96.30) commencing on October 1, 1985. 15. The Second, Third and Fourth Contracts were combined for payment purposes and Defendants were aware of the combining of these Contracts. 16. Section II of the Contract( s) provides that "If a payment is more than 15 days late, a sum equivalent to 5% ofthe late payment (but no more than $2.50 and not less than $1.00) may be charged." 17. Section VI, Paragraph 3(a) of the Contract(s) provides that "Buyer shall be deemed to have committed an 'Event of Default' of the Contracts upon the occurrence of any of the following: (a) failure to make any payment on or before the date it is due,..." 18. Section VI, Paragraph 4 of the Contract(s) provides that if an Event of Default of the contract occurs, and is not cured by the Buyer pursuant to the Notice of Default, Dickinson has "the right to declare all sums due on the contract to be immediately due and payable." 19. Parents have defaulted on the Contract(s) by failing to make the required monthly payments due and owing since February, 2000. 20. The Parents were given notice oftheir default and right to cure such default. Kenneth Kell has also been notified of his Parents' default under the Contracts. 21. Parents have failed to cure such defaults. 22. Therefore Dickinson has exercised its right to declare all sums due on the Contract(s) to be immediately due and payable. 23. The total amount which has become immediately due and payable to Dickinson by Parents pursuant to the Contract(s) is Thirty-One Thousand Two Hundred Thirty-Eight Dollars and Seventy-Nine Cents ($31,238.79), which includes principal in the amount of Fifteen -"<- '-?";.' "-0;',',' -,,', , . " o. '__'-,~_- I"'"," ,_~ y"-,_w___'~'~__I'__"'_' - - 1<;- ", ' ,":' ~" ,.. " Thousand Eight Hundred Fourteen Dollars and Thirteen Cents ($15,814.13), interest in the amount of Eleven Thousand Eight Hundred Sixty Dollars and Sixty-six Cents ($11,860.66), late fees in the amount of Three Thousand Five Hundred Sixty-Four Dollars ($3,564), plus reasonable attorneys' fees and collection costs. WHEREFORE, Plaintiff Dickinson College demands judgment against Parents Stanley Kell and Theda M. Kell in the sum of Thirty-One Thousand Two Hundred Thirty-Eight Dollars and Seventy-Nine Cents ($31,238.79), plus reasonable attorneys' fees and collection costs. COUNT II DICKINSON COLLEGE V. KENNETH KELL IN QUANTUM MERUIT 24. Paragraphs 1 through 23 are incorporated herein by reference as if set forth in full. 25. Keuneth Kell requested that Dickinson loan his Parents funds so that he could attend classes at Dickinson College. 26. Dickinson loaned funds to Parents, and this loan conferred a significant and appreciable benefit upon Keuneth Kell- in that he was permitted, and did in fact, attend classes at Dickinson College. 27. Knowing that Dickinson loaned funds to Parents because of his request, Keuneth Kell accepted the benefits conferred upon him by his attendance at Dickinson College. 28. Kenneth Kell would be unjustly enriched ifhe were allowed to retain the benefits conferred upon him by his attendance at Dickinson College without payment to Dickinson. 29. The total amount by which Kenneth Kell would be unjustly enriched on account of the funds loaned is Thirty-One Thousand Two Hundred Thirty-Eight Dollars and Seventy-Nine Cents ($31,238.79). i-jj " "., - _',~,"".".r_~.,: . -, . - - .,~-, .. ,~,'I--,_~ , , T_'"'-C___' '-c.'''',,, -") - . , "', ,t_ "_'"M~ ,.., ',- . . "r , .. " "', .. . , 1'- " -'--"-~-A '-''--'--lili_'i''"~! -",~I~'''cl,...<'l'''-->'",-",;,G-'';~~":.,-L_ ..,;i_-H",;;;",,-~;;t,,-,._: -~cih~ 30. Dickinson has demanded payment of the above sum from Kenneth Kell, but he has failed and refused to pay the amount owed. WHEREFORE, Plaintiff Dickinson College demands judgment against Defendant Kenneth Kell in the sum of Thirty-One Thousand Two Hundred Thirty-Eight Dollars and Seventy-Nine Cents ($31,238.79). McNEES, WALLACE & NURICK By Charles T. Young, J Attorney J.D. No. 680 100 Pine Street P. O. Box 1166 Harrisburg, PA 17108-1166 (717) 237-5397 Attorneys for Plaintiff Dickinson College "~ - .~ _: . ,~_ ",I"" . ~- I:, -, -M , .";; -~ ,~" -J', ~ ~'''~ ... c .119llj EOUCATIONAL GOODS AND SERVICES RETAIL INSTALLMENT CONTRACT Dated Januarv]O) ~ 1983 t. Seller: Dickinson College, Carlisle, Pennsylvania 17013. Buyer: Kell. Stanley N'ame(s) 301 Beech Ave., Linwood. NJ 08221 Place of Residence 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 pro- vided in this Contract. Under the terms of this Educ~tional Seryices Retail Installment Contract you bave agreed to pay the expenses l.t1c~rred for goods and services to he ~n:ovlded and rendered, as the case lDay be~ to I(pnnpth _(hereinafter "Student") during his/her enrollment at Dickinson College during the f~'l or ~prin% semester of academic year 198~1981, including tuition) room and board, ooks and supplii!8 88 herein stated (he1:einafte't' tbe "Goods and Services"). The Goods and Services shall include only the following: n.itinn Rnn room and hn;:!rd ANNUAL FINANCe AMOUNT iINANCED: TOTAL OF TOTAL SALE PERCENTAGE CHARGE' ~mount of credit PAYMENTS, PRICE, RATE: Dollar amount provided by Amoun t pa id Total cost 0 Cost of credit credit wilt DiCkinson College by Buye:r as purchase on 8S yearly rate c9st Buyer total of all credi.t. in- scheduled eluding down Prior to repay payments payme.nt of ment: ill $ ? ?~?14 $ ?~nn.no $ 4 7~? .14 $ t1,4Q". nn During repay- ment: ~ $ 8,995.00 II. TERMS OF PAYMENT AND PAYMENT SCHEDULE Diselosures Required by Federal Law Buyer's payment schedule will be as follows: Number of pavrnents Amount of Pavments When PaYments Are Due monthly commencing ,Ian. 31, 198,], 1 18.06 until April 3Q 19t1i, or such time as Student is no longer enrolled at 39 27.08 Dickinson (or in an app~oved ful1~ time off-campus program of studies) whichever is earlier. monthly commencing Mav 30, 19$, or such time as Student is no longe enrolled at Dickinson (or in an ap- 72 50.18 pr oved full-time off-campus program of studies) wh ichever is earlier. Late chat'ge: If a payment is more than 10 days late, a sum equivalent to 5% of the late payment (but no more than $5.00 and not less than $1.00) will be charged. Buyer may prepay the Total of Payments) in full or in part without penalty or pr~ium. Prepayment: SEE SECTION VI OF TIlE CONTRACT BELOW FOR ANY ADDITIONAL INFORMATION ABOUT NONPAYMENT, DEFAULT AND REQUIRED REPAYMENT BEFORE THE SCHEDULED DATE FOR REPAYMENT OF THE AMOUNT FINANCED. III. ITEUIZATION OF AMOUNT FrN~tCED 1. Cash price of Goods and Services: $ ($ $ 8,995.00 6 .495 .00 ) 2.500.00 0.00 2. 3. Total down paYU\ent: Unpaid balance of cash price (1 - 2): 4. Amount paid_ to others on Buyer1s behalf: $ 5. Amount financed (3 + 4): $ 2.500.00 c",J " o .' . .' IV. CREDIT INSURANCE CREDIT LIFE AND/OR ACCIDENT AND HEALTH INSURANCE ARE NOT REQUIRED. V. NO WARRANTIES THERE ARE NO WARRANTIES EITHER EXPRESS OR IMPLIED GIVEN BY SELLER IN CONNECTION WITH SALE OF THE COOOS ND 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 of Payments 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 day of each month as the first payment date. Payments must be made to Dickinson College at the following address: Dickinson College c/o Industrial Valley Bank 11th &- Market Stree:ts Philadelphia. Pennsylvania 19102 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 due is paid in full in advance. and (with Sellert s consent) to reinstate the Contract if Buyer tLaely cures any default. 3. Buyer sltit-t.-t'-be deemed to have committed an "Event of Defaultl' 01 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 perform any other provision of the ContrBcti (e) providing Seller with false information or signatures; (d) death or incompetence or conviction of any Buyer of crime involving fraud or dishonestYi (e) insolvency of any Buyer. 4. Upon or after the occurrence of any Event of Default. Seller will provide Buyer with notice, by certified mail 4S 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(s) daCes) not cure the default as provided in the notice. Seller's rights shall include the right to declare- all sums due on the Contract to be immediately due and payable. 5. Waiver by Seller of any Event of Default 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 Sellerts rights and remedies shall be cumulative. Seller's exercise of 'one or more rights shall not cause S~ller to lose any other Tights. 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 unen- forceable that provision shall be deemed not to have been a part of this Contract. Which shall otherwise rema~n fully effective. - 2 - '" -I . ~. ',... _ , .',' ., ~'; .- "" -~ ,. '~,'" ',"' -, i'~- r ~'-">~I ~~_L, , " ~ " 0.... , " . ',' 8. The laws of the Commonwealth of Pennsylvania shall apply to this Contract except to the extent supple~entedl superseded or preempted by federal law. 9. This Contract shall be binding upon the parties hereto, their heirs, successors, assigns and legal representatives. 10. TIME IS OF THE ESSENCE OF THIS CONTRACT. NOTICE - ANY HOLDER OF THIS CONSU!lER 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: (!) DO NOT SIGN THIS AGREEMENT BEFORE YOU READ IT OR IF IT CONTAINS ANY BLANK SPACE. (2) YOU ARE ENTITLED TO A COMPLETELY FILLED-IN COPY OF THIS AGREEMENT. (3) UNDER THE LAW YOU HAVE THE RIGHT TO PAY OFF IN ADVANCE THE FULL AMOUNT DUE AND UNDER CERTAIN CONDITIONS TO OBTAIN A PARTIAL REFUND OF THE FINANCE CHARGE. A COMPLETED COpy OF THIS GAIJ.Y BOUND BY ITS TERMS. (SEAL) (SEAL) Buyer Buyer AtTEST: DICKINSON COLLEGE By \ L^.ol~'":Lj/.Cf_ - 3 - ,. "'i_'i->. C-._.;1_,J';: '"f;1iil!!E ~~, .,j L I"" """ L , , ." o .' If there is more than one Buyer each of you will he obligated, jointly and severally, for all sums due snd for the performance of all agreements as pro- vided in this Contract. Under the terms of this Educ3tional Services Retail Installment Cont~act you have agreed to pay the expenses incurred for goods and services to be provided a.nd 'C'et\de1:ed" as the case may h-e. to Kenneth" (he't'cin-nfte'C' "Student") during hiS/her enrollment at Dickinson Co. llege dun..ng the FaIlor SDri nq semester of academic year 1961-19~,_ including tuition, rOOm and board, books and supplies .19 herein stated (hereinafter the "Goods and Services"). The Ceods and Services shall include cnly the following: Tuition and room and board. II. TERMS OF PAYMENT AND PAYMENT SCHEDULE Disclosures Required by Federal Law . ANNUAL FINANCE AMOUNT FINANCEO: TOUL OF T01'.lI.,i. ...LE PERCENTAGE CHARGE: Amount of credit PAYMENTS: PRIC'-: RATE: * Dollar amount pravided by' Amount paid Total cost 0 Cost of credit cred it wi II Dickinson College by Buyer as purchase on as yearly "rate cost Buye't' total of aU credit, in- scheduled eluding down payments payment af 111, % $ 5.696.26 $ 7,000.00 $ 12.696. 26 $ 3.215.00 $ 10,215.00 Buyer's payment schedule will be- 4S follows: Number of Payments Amount of PaYments When Payments Are Due monthly eommencingOct. 31 ,1983 until April 30 . >lI1<lcxx 1995. . - l':!;Q $ 91.34 *Variable Rate: The ANNUAL PERCENTACE RATE disclosed above is a variable rate and may change~ The ANNUAL PERCENTAGE RATE may inccease during the term of this transaction if the prime rate of interest annaunced in the 100alL Street Journal as of the dose DE business on June 30 of each calendar year increases, and will be increased at the prime rate plus 1%. The ANNUAL PERCENTAGE RATE will not increase more than once a year, and the new inte~est rate will become effective on July 1 fal1o~.ing the inc'l'estie, if any, in the prime rate of i~terest. Any increase will be in the form of higher payment amounts. If your cost of the goods and services sold hereunder were $ 7,000.00 at 11!:f X per annum for 12 . years, and the prime rate plus 1% wereincreased to ~%t your ~egular monthly payments would increase to $ 94.07. FlJ~thert the ANNUAl. PERCENTAGE RATE will not incre~se to. more-than 18% or such other rate as may be permitted under .the Pennsylvania Gaods and Services lnstallment Sales Act. Late charge: If a payment is more than lO day' l~te, a sum equivalent to 5% of the late payment (but no more than $5.00 and not less than $1.00) will be charged, Prepayment: Buyer may prepay the Total of Payment., in full Or in part without penalty or premium. 8/83 ~, ,- , ~^' '-i"" ".j, ',', ."' """'-] "" o .' 2. Total down payment: ($ 3,215.00 ) 3. Unpaid balance of cash price (1 - 2): $ 7 ,000. 00 4. Amount paid to others on Buyerfs behalf: $ 0.00 5. Amount financed (3 + 4): $ 7.000.00 IV. CREDIT INSURANCE CREDIT LIFE INSURANCE FOR THE TERM OF THIS CONTRACT IS REQUIRED and may be obtained through Seller for rhe term of the Educational Services Installment Contract at the costs indica~ed below. Credit insurance will cover only the Buyer signing. below and is subject to acceptance by the insurer and subject further to the terms and conditions of the insurance policy. Credit instJ :1l1ce will be provided through Seller only if the appropriate statement below is checked and signed by the Buyer to be insured. The premium~ if applicable, will be included in the Amount Financed as stated in Sections II and III above. If Buyer chooses not to obtain credit life insurance through Seller, Buyer shall furnish Seller with a certificate of insurance evidencing credit life insurance coverage for the full term of this Contract in the amount of- the Amount Financed as~ted i;~;;::;;;;:;;e:;:~;;;~::;~;;;\osting $ - ~8.87 ...L(~ Insured Buyer's Age: T~ ance Company Signat re of NOTICE OF PROPOSED CREDIT INSURANCE The S!gnor(s) of this Contract hereby take(s) notice that group credit life insurance coverage will be applicable to chis Contract if so designated above, and the coverage will be written by the insurance company_ named.. The insurance, subject to acceptance by the insurer, covers only the person signing the request for such insurance. The amount of the charge is indicated for the type of insurance to be purchased. The term of the insurance will commence as of the date the indebtedness is incurred and will expire on the original scheduled maturity date of the indebtedness. If Buyer elects to procure credit insurance through Seller, subject to acceptance by the insurer ~nd within 30 days of the date of this Contract, there will be delivered to the insured debtor a certificate of insurance more fully describing the insurance. In the event of prepayment of the indebtedness, a refund of insurance charges will be made if due. . - 2 - 8/83 . T c, --I \1 _k . .,. ""-'. .~,'- '-(-:*fL . .. 1. I~\lyer agrees to pay Seller the Total of Payments by making the Total Down payment and paying Seller.- the Total of ~ayments in the number and amount of monthly payments shown i~ the Payment Schedule. Payments are due on or before the same day of each month as the first payment date. Payments must be made to Industrial Valley Bank at the following address: Industrial Valley Bank P. O. Box 433 Upper Darby, Pennsylvania 19082 2., Buyer t s legal rights inc.lude 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 due is paid 1n full in advance. and (with Seller's consent) to reinstate the Contract if Buyer timely cures any' default. '3. Buyer shall he deemed to have committed an !lEvent 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 perform any other provision of the Contract; (e) providing Seller with false information or signatures; (d) death or incompetence or conviction' of any Buyer of crime crime involving fraud or dishonesty; (e) insolvency 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 CUI'.e the default. If Buyer(s) do(es) 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 du~ and payabl~. 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 r.tght or a similar Event of Default occurs later. All Sellerls rights and remedies shall be cumulative. Seller I 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 il1ege1, ~oid or unenforceable that provision shll be deemed not to have been a part of this Contract, which shall otherwise remain fully effective. 8. The laws of the Commonwealth of Pennsylvania shall apply to this Contract except to the extent supplemented, superseded or preempted by federal law. 9. 1'his Contract slmll be binding upon the parties hereto, their heirs, successors, assigns and legal representatives. - 3 - 8/83 t1 , ." o o. IT CONTAINS ANY BI.ANK ~PACI~. (l) YOU ARK EN'L'lTL.t:D TU A t.:UMPLh't'.1::U. FILLbU-1N COPY OF THIS ACREEMENT. (3) UNDER THE LAll 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 Buyer DATE: DICKINSON COLLECE Bv' \ ~.Q.lb~~~____ crt-I /g 3 . - 4 - 8/83 " I " , -' "~~- ," '" - ",- '-.'''i; ~ . , .~ J. -:; " ~~ . I... .' ,-- '1, -, 6, " ocr 3 1 Bl4. .. DICKINSON COLLEGE FLEXIBLE FINANCING SYSTEM - 7000 PLAN EDUCATIONAL GOODS AND SERVICES RETAIL INSTALLMENT CONTRACT Date October 1, 1984 I. Seller: Dickinson College, Carlisle, Pennsylvania 17013 Buyer(s): Stanley and Theda Kell . '301 Beech Avenue, Linwood, NJ 08221 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 Install- ment Contract, you have agreed to pay the expenses incurred for goods and services to be provided and rendered, as the case may be, to Kenneth (hereinafter "Student") during his/her enrollment at Dickinson College during the 1984-85 academic year, including tuition, room and board, books and supplies as herein stated (hereinafter the "Goods' and Services"). The Goods and Services shall include only the following: Tuition and room and board II. TERMS OF PAYMENT AND PAYMENT SCHEDULE Disclosures Required by Federal Law ANNUAL I FINANCE AMOUNT FINANCED: TOTAL OF TOTAL SALE PERCENTAGE CHARCE: Amount of credit PAYMIDlTS: PRICE: RATE: * I Dollar amount provided by Amount paid Total cost of Cost of credit , credit will Dickinson College by Buyer as purchase on , , as yearly rate ~ cost Buyer total of all credi't, in- scheduled eluding down , payments payment of . , .! $ 4.040.00 % I 13.999 $ 6.455.65 $ 7.000.00 $13.455.65 $ 11.040.00 . I ,. I.o~ I~ ~ ,'-,1.--< .-Iif': ~, " Buyer's payment schedule will be as follows: Number of Pavments Amount of PaYments j When Pavments Are Due , i I Monthly commencing November 1, 1984 127 105.95 until May 1, 1994 . *Variable Rate: The ~uAL 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 he.reunder were $ 7 ,000.00 at 14 % per annum for 127 1llOnths, and the prime rate plus 1% were increased to 15 %, your regular monthly payments would increase to $ 110.26 Further, the ANNUAL PER- CENTAGE RATE will not increase to more than 18% or such other rate as may be permitted under the Pennsylvania Goods and Services Installment Sales Act. Late Charge: If a payment is more than 15 days late, a sum equivalent to 5% of the late payment (but nO more than $2.50 and not less than $1.00) may be charged. Prepayment: Buyer may prepay the unpaid balance of the Amount Financed and any FINANCE CHARGE due through the date of early payment, in full or in part, without penalty. SEE SECTION VI OF THE CONTRACT BELOW FOR ANY ADDITIONAL INFORMATION AllOm NON- PAYMENT, DEFAULT AND REQUIRED REPAYMENT BEFORE THE SCHEDULED DATE FOR REPAYMENT OF THE AMOUNT FINANCED. -2- "" ...... d '" 0 ' ~,,~ ",.., _ '" """"~ 6. &; u' III. ITEMIZATION OF AMOUNT FINANCED 1. Cash price of Goods and Services: $ 11,040.00 4,040.00 Z. Total down payment: 3. Unpaid balance of cash price (1 - Z): 7,000.00 4. 5. Amount paid to others on Buyer's behalf: .00 Amount Fi.b.anced (3 + 4): $ 7,000.00 I.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 I.N CONNECTION WITH SALE OF THE GOODS AND. SERVICES COVERED BY THI.S CONTRACT UNLESS BUYER HAS BEEN GIVEN A SEPARATE WRITTEN WARRANTY. VI. ADDITIONAL PROVISIONS 1. Buyer agrees to pay Seller the Total Sale Price by making the total down payment and paying Seller the Total of Payments in the number and amount of monthly payments shown in the Payment Schedule. Payments are due on or before the same date of each month as the first payment date. Payments must be made to Industrial Valley Bank at the following address: Industrial Valley Bank P.O. Box 433 Upper Darby, Pennsylvania 19082. 2. Buyer's legal rights include the right to pay all or part of the amounts due on this Contract in advance of their due dates, to obtain a refund or credit of unearned Finance Charge whenever the amount is paid in full in advance, and (with Seller's consent) to reinstate the Contract if Buyer timely cures any default. 3. Buyer shall be deemed to have 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, -3- nj ;..,'_ J,-, ",,'I ", ,_d~,;h- . '" ~'-'"" , --'~ -~- -"-'-"~ .' , ,-, ,. (c) failure to perform any other provision of the Contract, (d) providing Seller with false information or signatures, (e) death, incompetence, or conviction of any Buyer of crime in- volving fraud or dishonesty, (f) insolvency or bankruptcy of any Buyer~ 4. Upon or after the occurrence of any Event of Default, Seller will provide Buyer with notice, by certified mail as required by law, addressed to Buyer's last known address as shown on Seller's records, advising Buyer of the default and of Buyer's right to cure the default. The notice will provide the time, amount and performance necessary to cure the default. If Buyer does not cure the default as provided in the notice, Seller's rights shall include the right to.declare all sums due on the Contract to be immediately due and payable. 5. Waiver by Seller of any event of .defau1t shall not be binding upon Seller if Seller should thereafter choose to exercise that or any other right or a similar Event of Default occurs later. All Seller's rights' and remedies shall be cumulative. Seller's exercise of one or more rights shall not cause Seller to lose any other rights. 6. This Contract is freely assignable. by Seller. Buyer agrees that upon receiving notice of the assignment Buyer shall be obligated to the Assignee of this Contract, which Assignee shall have all of Seller's rights and remedies. 7. If any part of this Contract is held to be illegal, void or unenforceable, that provision shall be deemed not to have been a part of this Contract, which shall otherwise remain fully effective. 8. The laws of the Commonwealth of Pennsylvania shall apply to this Con- tract except to the extent supplemented, superseded or pre-empted by federal law. 9. This Contract shall be binding upon the parties hereto, their heirs, successors, assigns and legal representatives. 10. TIME IS OF TID!. ESSENCE OF TRIS 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 TRIS AGREEMENT. (3) UNDER TBE LAW, YOU HAVE TBE RIGHT TO PAY OFF IN ADVANCE -4- " ~,. I "- c' ,I ,~'""',, _ '0 ."-";"l," ,-, '0 THE FULL Ao"lOUNT DUE AND UNDER CERTAIN CONDITIONS TO OBTAIN A PARTIAL REFUND OF THE FINANCE CHARGE. BUYER (S) ACKNOWLEDGE (S) CONTRACT AND INTEND(S) BUYER(S) : COPY OF THIS ITS TERMS. DATE: DICKINSON COLLEGE By - ~Ar1.,J ~ \tL FOR .DICKINSON COLLEGE USE ONLY For value received, Seller hereby sells, assigns, and transfers to Industrial Valley Bank and Trust Company all of Seller's rights, title and interest in this Educational Goods and Services Retail Installment Contract, with full recourse to Seller. This Ji day of ~ .~ ~// 4. . ~-- ~ TITLE DICKINSON COLLEGE, BY: . -5- _J ,~l.:-- ",,-J .~ -,,~, ,'",:o~",-_. b '~~" - ~-,I ,6, 6 AOG 2 0 1985 ,. DICKINSON COLLEGE FLEXIBLE FINANCING SYSTEM - 7000 PLAN EDUCATIONAL GOODS AND SERVICES RETAIL INSTALLMENT CONTRACT Date August 1. 198'5 I. Seller: Dickinson College, Carlisle, Pennsylvania 17013 Buyer(s): Stanley and Theda Kell 301 Beech Avenue, Linwood, NJ 08221 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 Cont1:act. Under the terms of this Educational Goods and Services Retail Install- ment Contract, you have agreed to pay the expenses incurred for goods and services to be provided and rendered, as the case may be, to Kenneth (hereinafter "Student") during his/her enrollment at Dickinson College during the 1985-86 academic year, including tuition, room and board, books and supplies as herein stated (hereinafter the "Goods and Services"). The Goods and Services shall include only the following: Tuition and room and board II. TERMS OF PAYMENT AND PAYMENT SCHEDULE Disclosures Required by Federal Law j AMOUNT FINANCED: TOTAL OF I TOTAL SALE I ANNUAL FINANCE I PERCENTAGE CHARGE: Amount of credit PAYMENTS: PR~CE: , RATF,:* Dollar amount provided by Amount paid Total cost of Cost of credit credit will Dickinson College by Buyer as purchase on as yearly rate cost Buyer total of all credit, in- scheduled cluding down payments payment of $ 5 , 130.00 10.498 7- $ 4,170.80 $ 7,000.00 $ 11,170.80 $ 12,130.00 - . ., , 6..:; . " , , , , , , " 6 'W^^~, . ~-......"~ < -it-" Buyer's pa)'1llent schedule will be as follows: Number of Payments Amount of Payments I When Pavments Are Due i October 1, t Monthly commencing 1985 116 96.30 until May 1, 1995 . *Variable Rate: The ANNUAL PERCENTAGE .RATE disclosed above is a variable rate and lliay 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 $ 7000.00 at 10.5 % per annum for 1}.6 months, and the prime rate plus 1% were increased to 11.5 %, your regular monthly payments would increase to $ 100.23 Further. the ANNUAL PER- CENTAGE 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 pa)'1llent, in full or in part,. without penalty. Pa)'1llents greater than the payoff amount but less than $3.00 will not be refunded. SEE SECTION VI OF THE CONTRACT BELOW FOR ANY ADDITIONAL INFORMATION ABOUT NON- PAYMENT, DEFAULT AND REQUIRED REPAYMENT BEFORE THE SCHEDULED DATE FOR REPAYMENT OF THE AMOUNT FINANCED. -2- "I ',.,","'~ .~t.)-,;',."'~ " _ ,,' ,'", < "'. . , ._. " , ~ V -, III. ITEMIZATION OF AMOUNT FlllANCED 1. Cash price of Goods and Services: $ 12,130.00 2. Total down payment: 5,130.00 3. Unpaid balance of cash price (1 - 2): 7,000.00 4. Amount paid to others on Buyer's behalf: .00 5. Amount Financed (3 + 4): $ 7,000.00 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 WRITrEN WARRANTY. VI.. ADDITIONAL PROVISIONS 1,. Buyer agrees to pay Seller the Total Sale Price by making the total down payment and paying Seller the Total of Payments in the number and amount of monthly payments shown in the Payment Schedule. Payments are due on or before the same date of each month as the first payment date. Payments must be made to Industrial Valley Bank at the following address: Industrial Valley Bank P.O. Box 433 Upper Darby, Pennsylvania 19082 2. Buyer's legal rights include the right to pay all or part of the amounts due on this Contract in advance.of their due dates, to obtain a refund or credit of unearned Finance Charge whenever the amount is paid in f.ull 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, -3- " __'._,c, . ., '-~ ," - - ~-c... ~<-'_, . , , t), , (c) failure to perform any other provision of the Contract, (d) providing Seller with false information or signatures, (e) death, 'incompetence, or conviction of any Buyer of crime in- volving fraud or dishonesty, (f) insolvency or bankruptcy of any Buyer. 4. Upon or after the occurrence of any Event of Default, Seller will provide Buyer With notice, by certified mail as required by law, addressed to Buyer's last known address as shown on Seller's records, advising Buyer of the default and of Buyer's 'right to cure the default:. '!he 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. 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 t:hat 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. '!he laws of the Commonwealth of Pennsylvania shall apply to t:his Con- tract except to the extent supplemented, superseded or pre-empted by federal law. 9. This Contract shall be binding upon the parties hereto, their heirs, successors, assigns and legal representatives. 10. TIME IS OF THE ESSENCE OF THIS CONTRACT. NOTICE: ANY HOLDER OF THIS CONSUMER CREDIT CONTRACT IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH THE DEBTOR COULD ASSERT AGAINST THE SELLER OF GOODS OR SERVICES OBTAINED PURSUANT HERETO OR WITH THE PROCEEDS HEREOF. RECOVERY HEREUNDER BY THE DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR HEREUNDER. NOTICE TO BUYER: (1) DO NOT SIGN THIS AGREEMENT BEFORE YOU READ IT OR IF IT CONTAINS ANY BLANK SPACE. (2) YOU ARE ENTITLED TO A COMPLETELY FILLED-IN COPY OF THIS AGREEMENT.'(3) UNDER THE LAW, YOU HAVE THE RIGHT TO PAY OFF IN ADVANCE -4- f , . .,. : .... ,. .., .. , , i 6.. THE FUll. A..'1OUNT DUE AND UNDER CERTAIN CONDITLONS TO OBTAIN A PARTB!. REFUND OF THE FINANCE CHARGE. BUYER (S) ACKNOWLEDGE (S) RECEIVING A COMPLETED COPY OF THIS CONTRACT AND INTEND(S) to BE LEGALLY BOUND BY ITS TERMS. BUYER (S) : DATE: DICKINSON COLLEGE '~WKS By ~2,/1Y-L FOR DICKINSON COLLEGE USE ONLY For value received, Seller hereby sells, assigns, and transfers to Industrial Valley Bank and Trust Company all of Seller's rights, title and interest in this Educational Goods and Services Retail Installment Contract, with full recourse to Seller. This "22. day of. TITLE DICKINSON COLLEGE, BY: -5- ~, , N. f',y<<" '.-~"J"""o--'--;-_ -,',i:,-I; ',_ ,.1_, ,-, ",' -, 'i_u..: ~ - """:.1:>_'",,[_>-.,<;,.,'_ "'-''';'f~ ,0. ... 1 . ~ 0" , , VERIFICATION Subject to the penalties of 18 Pa. C.S. ~4904 relating to unsworn falsification to authorities, I hereby certify that I am Thomas B. Meyer, Assistant Treasurer of Dickinson College, and am authorized to verify this Complaint on its behalf, and further, that the facts set forth in the foregoing Complaint are true and correct to the best of my information and belief. T~JZ- Dated: ~ilni~ q& -~'^'~"-'--'.""'_'-" ;, ;~iiclilii~c-J'J"'-'- ':'",a(" '=' 8.~iil--' :-;:'~('-".ili"- "'-U-.~-" ... m ",., , , ~ ..~ ft () ..() " ~ - ~, , ' ,.. .0 (J t ~ 'i rr't~c:5 -- () 8 ~ o I I CY ~ ~tp CA.J r'""' q.. r t --......z ., , , "'<-' ~'-' < ". -,~, ", ",-' -. ,-, ,~,,^ - ,~" .. ,'" ' Q ,,~'s [1i!"; ....::'~ ,,'. i 0~~ ,:::.: ~~C:) d-;~") ~-::(~-1 )> 2~= ?~ > --. a .' ..-' "i'l' :1?: -, ~" _',',::J "0 C' .~~_7 \'j cC:; .--,,";1 ':J ~.iJ '-< I t". ~\ t k ii i' ,." t' I'; r !' ',:i ", ~j " r I: [' ~! ~i , II Ii II I' II " II {;)'I i! , :1 b !I 1 .',1" .r:;- (:;) -,<,..,.,-, ,--~"~,,,,_~_v~, .~~_~c~<.-,""_~,'" .~_",.. " DICKINSON COLLEGE, Plaintiff v. STANLEY KELL, THEDA M. KELL, and KENNETH KELL, Defendants ;, ~'^->-, -,,'.- ,''',0''',,'-,,-' '.' '" ;1'" ',-,"-c< -;, ,. I, >c'" ^ .;'''>:<i-'''_"__~'^_ ,.,- .: ~,,-:.i1,i-~,.L,!~:r~ __t", ,_ "~ ;-"~'" . .- : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2001-01652 PRAECIPE TO DISCONTINUE TO THE PROTHONOTARY: The Plaintiff requests that the above-captioned matter be discontinued without prejudice. Dated: April ;).0,2001 Respectfully submitted, McNEES, WALLACE & NURICK By Charles T. Young, Jr., Es Attorney I.D. No. 8068 100 Pine Street P. O. Box 1166 Harrisburg, P A 17108-1166 (717) 232-8000 Attorneys for Plaintiff Dickinson College " " . CERTIFICATE OF SERVICE .. r . The undersigned hereby certifies that on this date a true and correct copy of the foregoing document was served by U.S. first-class mail, postage prepaid, upon the following: Joseph K. Goldberg, Esquire 2080 Linglestown Road Suite 106 Harrisburg, P A 1711 0 Of Counsel for the Plaintiff Dated: April ;;'0,2001 ~~