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HomeMy WebLinkAbout03-2478 F: \F:ILESIDA T AFILEIDickinson College 7619IDickinsonCollegeCollections76 1 9000cumentsl 135 .coml/cny Cre~led: 5/14/034:23: 11 PM '. .. Revised: 5/15/03 9:58:49 AM 76J9C.135 DICKINSON COLLEGE, Plaintiff v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03 ":J"I? t CIVIL ACTION-LAW JOSEPHINE C. CARR and SYDNEY L. HAWKINS, Defendants JURY TRIAL OF TWELVE DEMANDED NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or obj ections 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 A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP: Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 aVl R. Galloway, J.D. No. 87326 Ten East High Street Carlisle, P A 17013 (717) 243-3341 Date: S /013 /OB Attorneys for Plaintiff DICKINSON COLLEGE, Plaintiff v. IN THE COURT OF COMMON PLEAS OF CUMBERLANDCOUNTY,PENNSYLV ANIA /) -- A NO.O$-.2.~7F ~ ~ CIVIL ACTION-LAW JOSEPHINE C. CARR and SYDNEY L. HAWKINS, Defendants JURY TRIAL OF TWELVE DEMANDED COMPLAINT AND NOW, comes Plaintiff Dickinson College by and through its attorneys, MARTSON DEARDORFF WILLIAMS & OTTO, and hereby avers as follows: 1. Plaintiff Dickinson College is a Pennsylvania educational institution and nonprofit corporation with its principle place of business at West Street, Post Office Box 1773, Carlisle, Cumberland County, Pennsylvania 17013. 2. Defendant, Josephine C. Carr, (hereinafter "Parent"), is an adult individual residing with a last known address of 6633 Marott Drive, Baltimore, Baltimore County, Maryland 21207-6444. 3. Defendant, Sydney L. Hawkins, (hereinafter "Student"), is an adult individual with a last known address of6633 Marott Drive, Baltimore, Baltimore County, Maryland 21207-6444. 4. On or about September 22, 1993, Parents and Student entered into a Promissory Note (Note #1) with Plaintiff for the financing of $7,325.00, plus interest and costs by Parent on her own behalf, for educational services and benefits to Student, at Plaintiff's institution. A copy of Note #1 is attached hereto as Exhibit "A." 5. On or about October 1 0, 1994, Parent and Student entered into an additional Promissory Note (Note #2) with Plaintiff for the financing of$7,000.00, plus interest and costs by Parent on her own behalf, for educational services and benefits to Student at Plaintiffs institution. A copy of Note #2 is attached hereto as Exhibit "B." 6. On or about March 2, 1995, Parents and Student entered into an additional Promissory Note (Note #3) with Plaintiff for the financing of$l, 170.00, plus interest and costs by Parent on her own behalf, for educational services and benefits to Student at Plaintiffs institution. A copy of Note #3 is attached hereto as Exhibit "e." 7. On or about October 4, 1995, Parent and Student entered into an additional Promissory Note (Note #4) with Plaintiff for the financing of$915.00, plus interest and costs by Parent on her own behalf, for educational services and benefits to Student at Plaintiffs institution. A copy of Note #4 is attached hereto as Exhibit "D." 8. On or about December 12, 1995, Parent and Student entered into an additional Promissory Note (Note #5) with Plaintiff for the financing of $915.00, plus interest and costs by Parent on her own behalf, for educational services and benefits to Student at Plaintiff's institution. A copy of Note #5 is attached hereto as Exhibit "E." 9. On or about August 6, 1996, Parent and Student entered into an additional Promissory Note (Note #6) with Plaintiff for the financing of$9,008.00, plus interest and costs by Parent on her own behalf, for educational services and benefits to Student at Plaintiff's institution. A copy of Note #6 is attached hereto as Exhibit "F." 10. The total collective principle balance for Note #1, Note #2, Note #3, Note #4, Note #5, and Note #6 is $26,333.00. 11. Note #1, Note #2, Note #3, Note #4, Note #5, and Note #6 grant Plaintiff reasonable collection and attorneys' fees which Plaintiff has calculated to be $3,949.95. 12. As of May 9, 2003, the principal and interest due and payable by Parent and Student to Plaintiff was $34,070.79, plus interest in the amount of $3.49 per day. 13. Parent and Student stopped making monthly payments on Note #1, Note #2, Note #3, Note #4, Note #5, and Note #6 on or about April 9, 2001. 14. The outstanding balance of $34,070. 79 represents the total and actual overdue value of the financing provided to Parent and Student under Note #1, Note #2, Note #3, Note #4, Note #5, and Note #6 for which they have yet to pay. 15. Plaintiff fulfilled, performed and complied with all obligations and conditions of Note #1, Note #2, Note #3, Note #4, Note #5, and Note #6. COUNT I BREACH OF CONTRACT 16. Plaintiff hereby incorporates by reference the averments contained in Paragraphs 1 through 15 of this Complaint. 17. Parent and Student breached the expressed and implied obligations, conditions and terms of agreement of Note #1, Note #2, Note #3, Note #4, Note #5, and Note #6 by failing to pay the amounts financed therein. WHEREFORE, Plaintiff demands judgment against Defendants, Josephine e. Carr and Sydney L. Hawkins, in the amount of $34,070.79, plus interest in the amount of $3.49 per day, collection and attorneys' fees in the amount of$3,949.95 and costs of suit. COUNT II IN QUANTUM MERUIT 18. Plaintiff hereby incorporates by reference the averments contained in Paragraphs 1 through 17 of this Complaint. 19. Having requested Plaintiff to loan money, and doing so to the benefit of Student, Student became liable to Plaintiff for said money. 20. Student has been unjustly enriched by accepting said money without paying Plaintiff reasonable compensation therefor. 21. The total amount by which Student has become enriched is $34,070.79, plus interest in the amount of $3.49 per day. WHEREFORE, Plaintiff demands judgment against Defendants, Josephine e. Carr and Sydney L. Hawkins, in the amount of$34,070.79, plus interest in the amount of $3.49 per day, collection and attorneys' fees in the amount of$3,949.95 and costs of suit. MARTSON DEARDORFF WILLIAMS & OTTO Date: S-!<<3!fJ3 By David R. Galloway J.D. No. 87326 Ten East High Street Carlisle, P A 17013-3093 (717) 243-3341 Attorneys for Plaintiff Exhibit A i DICKINSON COLLEGE FLEXIBLE FINANCING SYSTEM - PLAN B EDUCATIONAL GOODS AND SERVICES RETAIL INSTALLMENT CONTRACT Date September 22, 1993 I. Seller: Dickinson College, Carlisle, Pennsylvania 17013-2896 Josephine C. Carr 6633 Marott Drive Baltimore, MD 21207 Buyer(s): If there is more than one Buyer, each of you will be obligated, jointly and severally, for all sums due and for the performance of all agreements as provided in this Contract. Under the terms of this Educational Goods and Services Retail Installment Contract, you have agreed to pay the expenses incurred for goods and services to be provided and rendered, as the case may be, to Sydney L. Hawkins (hereinafter "Student") during his/her enrollment at Dickinson College during the 1933-94 academic year, including tuition, room and board, books and supplies as herein state (hereinafter the "Goods and Services"). The Goods and Services shall include only tuition, room and board. II. TERMS OF PAYMENT AND PAYMENT SCHEDULE Disclosures Required by Federal Law ANNUAL PERCENTAGE FINANCE CHARGE: AMOUNT FINANCED: TOTAL OF PAYMENTS: TOTAL SALE RATE: * Dollar amount Amount of credit Amount paid by PRICE: Cost of credit as credit will provided by Buyer as total of Total cost of yearly rate cost Buyer Dickinson College all scheduled purchase on payments credit, in- cluding down payment of $ 15,265.00 7.0 % $ 3,713.10 $ 7,325.00 $ 11.038.10 $ 22.590.00 Rev 2/92 EXHIBIT "A" IV. CREDIT INSURANCE Credit life insurance for the term of this Contract is not required. V. NO WARRANTIES THERE ARE NO WARRANTIES, EITHER EXPRESSED OR IMPLIED, GIVEN BY SELLER IN CONNECTION WITH SALE OF THE GOODS AND SERVICES COVERED BY THIS CONTRACT UNLESS BUYER HAS BEEN GIVEN A SEPARATE WRITTEN WARRANTY. VI. ADDITIONAL PROVISIONS 1. Buyer agrees to pay Seller the Total Sale Price by making the total down payment and paying Seller the Total of Payments in the number and amount of monthly payments shown in the Payment Schedule. Payments are due on or before the same date of each month as the first payment date. Payments must be made to First Wachovia, Inc. at the following address: First Wachovia, Inc. P.O. Box 70095 Charlotte, NC 28272-0095 2. Buyer's legal rights include the right to pay all or part of the amounts due on this Contract in advance of their due dates, to obtain a refund or credit of unearned Finance Charge whenever the amount is paid in full in advance, and (with Seller's consent) to reinstate the Contract if Buyer timely cures any default. 3. Buyer shall be deemed to have committed an "Event of Default" of the Contract upon the occurrence of any of the following: (a) failure to make any payment on or before the date it is due, (b) failure to make a payment on any other Contract outstanding with Seller, (c) failure to perform any other provision of the Contract, (d) providing Seller with false information or signatures, (e) death, incompetence, or conviction of any Buyer of crime involving fraud or dishonesty, (f) insolvency or bankruptcy of any Buyer. 4. Upon or after the occurrence of any Event of Default, Seller will provide Buyer with notice, by certified mail as required by law, addressed to Buyer's last known address as shown on. Seller's records, advising Buyer of the default and of Buyer's right to cure the default. The notice will provide the time, amount and performance necessary to cure the default. If Buyer does not cure the default as provided in the notice, Seller's rights shall include the right to declare all sums due on the Contract to be immediately due and payable. The Buyer agrees to pay all attorney's fees and other reasonable collection costs and charges necessary for the collection of any amount not paid when due. 5. Waiver by Seller of any Event of Default shall not be binding upon Seller if Seller should thereafter choose to exercise that or any other right or a similar Event of Default occurs later. All Seller's rights and remedies shall be cumulative. Seller's exercise of one or more rights shall not cause Seller to lose any other rights. 6. This Contract is freely assignable by Seller. Buyer agrees that upon receiving notice of the assignment Buyer shall be obligated to the Assignee of this Contract, which Assignee shall have all of Seller's right and remedies. 7. If any part of this Contract is held to be illegal, void or unenforceable, that provision shall be deemed not to have been a part of this Contract, which shall otherwise remain fully effective. 8. APPLICABLE LAW: This Agreement, whenever called upon to be construed, shall be governed by the domestic internal laws of the Commonwealth of Pennsylvania except to the extent supplemented, superseded or preempted by federal law. 3 9. CO~SENT 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 TO BE LEGALLY BOUND BY ITS TERMS. 9t'<y~;/ (j v COpy OF THIS CONTRACT AND INTEND(S) BUYER ( S) : fJ. (!A/1/l / I AGREE TO REPAY ALL AMOUNTS DUE ON THIS LOAN IF THE BORROWER(S)/BUYER(S) FAILS TO DO SO IN ACCORDANCE WITH THE TERMS OF THE NOTE: STUDENT COSIGNER ~ (~ ~ TRANSCRIPT OF A STUDENT' S RECORD WILL NOT BE RELEASED IF LOAN PAYMENTS TO THE COLLEGE ARE IN ARREARS OR DEFAULT. DATE: DICKINSON COLLEGE 1 r[.;~/cr3 , , ~L- BY .. Exhibit B DICKINSON COLLEGE FLEXIBLE FINANCING SYSTEM - PLAN B EDUCATIONAL GOODS AND SERVICES RETAIL INSTALLMENT CONTRACT October 10, 1994 1. Seller: Dickinson College, Carlisle, Pennsylvania 17013-2896 Buyer(s): Josephine C. Carr 6633 Marott Drive Baltimore, Me 21207 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 Sydney L. Hawkins (hereinafter "Student") during his/her enrollment at Dickinson College during the 1994-1995 academic year, including tuition, room and board, books and supplies as herein stated (hereinafter the "Goods and Services"). The Goods and Services shall include only tuition, room and board. II. TERMS OF PAYMENT AND PAYMENT SCHEDULE Disclosures Required by Federal Law ANNUAL PERCENTAGE FINANCE CHARGE: AMOUNT FINANCED: TOTAL OF TOTAL SALE P RATE: * Dollar amount Amount of credit PAYMENTS: PRICE: Cost of credit as credit will provided by Amount paid by Total cost of yearly rate cost buyer Dickinson College Buyer as total of purchase on all scheduled credit, including payments down payment of $ 16,700.00 8.25 % $ 3892.04 $ 7,000.00 $ 10892.04 $ 23,700.00 Rev 2/92 EXHIBIT "B" Josephine C. Car: Buyer's payment schedule will be as follows: Number of Payments Amount of Payments When Payments are Due 139 $ 78.36 Monthly commencing 10/28/94 until OS/28/06 *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 $7,000.00 at 8.25% per annum for 139 months, and the prime rate plus 1% were increased to 9.25%, your regular monthly payments would increase to $82.24. Further, . the ANNUAL PERCENTAGE RATE will not increase to more than 18% or such other rate as may be permitted under the Pennsylvania Goods and Services Installment Sales Act. If a payment is more than 15 days late, a sum equivalent to 5% of the late payment (but no more than $2.50 and not less than $1.00) may be charged. Buyer may prepay the unpaid balance of the Amount Financed and any FINANCE CHARGE due through the date of early payment, in full or in part, without penalty. SEE SECTION VI OF THE CONTRACT BELOW FOR ANY ADDITIONAL INFORMATION ABOUT NON-PAYMENT, DEFAULT AND REQUIRED REPAYMENT BEFORE THE SCHEDULED DATE FOR REPAYMENT OF THE AMOUNT FINANCED. III. ITEMIZATION OF AMOUNT FINANCED 1. Cash price of Goods and Services: $ 23,700.00 2. Total down payment: 16,700.00 3. Unpaid balance of cash price (1 - 2): 7,000.00 4. Amount paid to others on Buyer's behalf: - 0 - 5. Amount Financed (3 + 4): $ 7,000.00 2 IV. CREDIT INSURANCE Credit life insurance for the term of this Contract is not required. V. NO WARRANTIES THERE ARE NO WARRANTIES, EITHER EXPRESSED OR IMPLIED, GIVEN BY SELLER IN CONNECTION WITH SALE OF THE GOODS AND SERVICES COVERED BY THIS CONTRACT UNLESS BUYER HAS BEEN GIVEN A SEPARATE WRITTEN WARRANTY. VI. ADDITIONAL PROVISIONS 1. Buyer agrees to pay Seller the Total Sale Price by making the total down payment and paying Seller the Total of Payments in the number and amount of monthly payments shown in the Payment Schedule. Payments are due on or before the same date of each month as the first payment date. Payments must be made to Eduserv Technologies, Inc. at the following address: Eduserv Technologies, Inc. P.O. Box 64974 St. Paul, MN 55164-0974 2. Buyer's legal rights include the right to pay all or part of the amounts due on this Contract in advance of their due dates, to obtain a refund or credit of unearned Finance Charge whenever the amount is paid in full in advance, and (with Seller's consent) to reinstate the Contract if Buyer timely cures any default. 3. Buyer shall be deemed to have committed an "Event of Default" of the Contract upon the occurrence of any of the following: (a) failure to make any payment on or before the date it is due, (b) failure to make a payment on any other Contract outstanding with Seller, (c) failure to perform any other provision of the Contract, (d) providing Seller with false information or signatures, (e) death, incompetence, or conviction of any Buyer of crime involving fraud or dishonesty, (f) insolvency or bankruptcy of any Buyer. 4. Upon or after the occurrence of any Event of Default, Seller will provide Buyer with notice, by certified mail as required by law, addressed to Buyer's last known address as shown on Seller's records, advising Buyer of the default and of Buyer's right to cure the default. The notice will provide the time, amount and performance necessary to cure the default. If Buyer does not cure the default as provided in the notice, Seller's rights shall include the right to declare all sums due on the Contract to be immediately due and payable. The Buyer agrees to pay all attorney's fees and other reasonable collection costs and charges necessary for the collection of any amount not paid when due. 5. Waiver by Seller of any Event of Default shall not be binding upon Seller if Seller should thereafter choose to exercise that or any other right or a similar Event of Default occurs later. All Seller's rights and remedies shall be cumulative. Seller's exercise of one or more rights shall not cause Seller to lose any other rights. 6. This Contract is freely assignable by Seller. Buyer agrees that upon receiving notice of the assignment Buyer shall be obligated to the Assignee of this Contract, which Assignee shall have all of Seller's right and remedies. 7. If any part of this Contract is held to be illegal, void or unenforceable, that provision shall be deemed not to have been a part of this Contract, which shall otherwise remain fully effective. 8. APPLICABLE LAW: This Agreement, whenever called upon to be construed, shall be governed by the domestic internal laws of the Commonwealth of Pennsylvania except to the extent supplemented, superseded or preempted by federal law. 3 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~Y ITS TERMS. - /J BOYER(S), /(Oo..e~\)(hU'../ t!, (' tZ/vc./ I AGREE TO REPAY ALL AMOUNTS DUE ON THIS LOAN IF THE BORROWER(S)jBUYER(S) FAILS TO DO SO IN ACCORDANCE WITH THE TERMS OF THE NOTE: STUDENT COSIGNER ~J.tu..6 ~.A ~A~ q TRANSCRIPT OF A STUDENT'S RECORD WILL NOT BE RELEASED IF LOAM PAYMENTs TO THE COLLEGE ARE IN ARREARS OR DEFAULT. DATE: DICKINSON COLLEGE t (..') - C. OJ 'i BY 0d)~ e", 4 Exhibit C DICKINSON COLLEGE FLEXIBLE FINANCING SYSTEM - PLAN B EDUCATIONAL GOODS AND SERVICES RETAIL INSTALLMENT CONTRACT March 2, 1995 I. Seller: Dickinson College, Carlisle, Pennsylvania 17013-2896 Buyer(s) : Josephine C. Carr 6633 Marott Drive Baltimore Me 21207 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 Sydney L. Hawkins (hereinafter "Student") during his/her enrollment at Dickinson College during the 1994-1995 academic year, including tuition, room and board, books and supplies as herein stated (hereinafter the "Goods and Services"). The Goods and Services shall include only tuition, room and board. I I. TERMS OF PAYMENT AND PAYMENT SCHEDULE Disclosures Required by Federal Law ANNUAL PERCENTAGE FINANCE CHARGE: AMOUNT FINANCED: TOTAL OF TOTAL SALE P RATE: * Dollar amount Amount of credit PAYMENTS: PRICE: Cost of credit as credit will provided by Amount paid by Total cost of yearly rate cost buyer Dickinson College Buyer as total of purchase on all scheduled credit, including payments down payment of $ 22,530.00 8.25 % $ 624.26 $ 1,170.00 $ 1,794.26 $ 23,700.00 Rev 2/92 EXHIBIT "e" Me linl Buyer's payment schedule will be as follows: Number of Payments Amount of Payments When Payments are Due 134 $ 13.39 Monthly commencing 02/28/95 until OS/28/06 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 $1,170.00 at 8.25% per annum for 122 months and the prime rate plus 1% were increased to 9.25%, your regular monthly payments would increase to $14.03. 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. "'Variable Rate: Late Charge: Prepayment: III. ITEMIZATION OF AMOUNT FINANCED l. Cash price of Goods and Services: $ 23,700.00 2. Total down payment: 22,530.00 3. Unpaid balance of cash price (1 - 2): 1,170.00 4. Amount paid to others on Buyer's behalf: - 0 - 5. Amount Financed (3 + 4): $ 1,700.00 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 1. Buyer agrees to pay Seller the Total Sale Price by making the total down payment and paying Seller the Total of Payments in the number and amount of monthly payments shown in the Payment Schedule. Payments are due on or before the same date of each month as the first payment date. Payments must be made to Eduserv Technologies, Inc. at the following address: Eduserv Technologies, Inc. P.O. Box 64974 st. Paul, MN 55164-0974 2. Buyer's legal rights include the right to pay all or part of the amounts due on this Contract in advance of their due dates, to obtain a refund or credit of unearned Finance Charge whenever the amount is paid in full in advance, and (with Seller's consent) to reinstate the Contract if Buyer timely cures any default. 3. Buyer shall be deemed to have committed an "Event of Default" of the Contract upon the occurrence of any of the following: (a) failure to make any payment on or before the date it is due, (b) failure to make a payment on any other Contract outstanding with Seller, (C) failure to perform any other provision of the Contract, (d) providing Seller with false information or signatures, (e) death, incompetence, or conviction of any Buyer of crime involving fraud or diShonesty, (f) insolvency or bankruptcy of any Buyer. 4. Upon or after the occurrence of any Event of Default, Seller will provide Buyer with notice, by certified mail as required by law, addressed to Buyer's last known address as shown on Seller's records, advising Buyer of the default and of Buyer's right to cure the default. The notice will provide the time, amount and performance necessary to cure the default. If Buyer does not cure the default as provided in the notice, Seller's rights shall include the right to declare all sums due on the Contract to be immediately due and payable. The Buyer agrees to pay all attorney's fees and other reasonable collection costs and charges necessary for the collection of any amount not paid when due. 5. Waiver by Seller of any Event of Default shall not be binding upon Seller if Seller should thereafter choose to exercise that or any other right or a similar Event of Default occurs later. All Seller's rights and remedies shall be cumulative. Seller's exercise of one or more rights shall not cause Seller to lose any other rights. 6. This Contract is freely assignable by Seller. Buyer agrees that upon receiving notice of the assignment Buyer shall be obligated to the Assignee of this Contract, which Assignee shall have all of Seller's right and remedies. 7. If any part of this Contract is held to be illegal, void or unenforceable, that provision shall be deemed not to have been a part of this Contract, which shall otherwise remain fully effective. 8. APPLICABLE LAW: This Agreement, whenever called upon to be construed, shall be governed by the domestic internal laws of the Commonwealth of Pennsylvania except to the extent supplemented, superseded or preempted by federal law. 3 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 l'~Y BLANK SPACE. (2) YOU ARE ENTITLED TO A COMPLE'l'ELY 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 () ~T~ ~~ i' < ' BUYER(S), ~_ (2. C~ 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 ~ of. ~ TRANSCRIPT OF A STUDENT'S RECORD WILL NOT BE RELEASED IF LOAN PAYMENTS TO THE COLLEGE ARE IN ARREARS OR DEFAULT. DATE: DICKINSON COLLEGE .-:] '7 c"'''- >.-J-- 15 BY ~:J-=- 4 Exhibit D DICKINSON COLLEGE FLEXIBLE FINANCING SYSTEM - PLAN B EDUCATIONAL GOODS AND SERVICES RETAIL INSTALLMENT CONTRACT October 4, 1995 I. Seller: Dickinson College, Carlisle, Pennsylvania 17013-2896 Buyer(s) : Josephine C. Carr 6633 Karott Dr. Baltimore, MD 21207 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 Sydney L. Hawkins (hereinafter "Student") during his/her enrollment at Dickinson College during the 1995-1996 academic year, including tuition, room and board, books and supplies as herein stated (hereinafter the "Goods and Services"). The Goods and Services shall include only tuition, room and board. II. TERMS OF PAYMENT AND PAYMENT SCHEDULE Disclosures Required by Federal Law ANNUAL PERCENTAGE FINANCE CHARGE: AMOUNT FINANCED: TOTAL OF TOTAL SALE RATE: * Dollar amount Amount of credit PAYMENTS: PRICE: Cost of credit as credit will provided by Amount paid by Total cost of yearly rate cost buye= Dickinson College Buyer as total of purchase on all scheduled credit, including payments down payment of $ 23,955.00 10.00 % $ 576.20 $ 915 . 00 $ 1,491.20 $ 24,870.00 Rev 2/92 EXHIBIT "D" Carr Buyer's payment schedule will be as follows: Number of Payments Amount of Payments When Payments are Due 128.00 $ 11. 65 Monthly commencing 09/28/95 until OS/28/06 *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 $915.00 at 10.00% per annum for 128.00 months and the prime rate plus 1% were increased to 11.00%, your regular monthly payments would increase to $12.17. 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 1. Cash price of Goods and Services: $ 24,870.00 2. Total down payment: 23,955.00 3. Unpaid balance of cash price (1 - 2): 915.00 4. Amount paid to others on Buyer's behalf: - 0 - 5. Amount Financed (3 + 4): $ 915.00 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 1. Buyer agrees to pay Seller the Total Sale Price by making the total down payment and paying Seller the Total of Payments in the number and amount of monthly payments shown in the Payment Schedule. Payments are due on or before the same date of each month as the first payment date. Payments must be made to Eduserv Technologies, Inc. at the following address: Eduserv Technologies, Inc. P.O. Box 64974 st. Paul, MN 55164-0974 2. Buyer's legal rights include the right to pay all or part of the amounts due on this Contract in advance of their due dates, to obtain a refund or credit of unearned Finance Charge whenever the amount is paid in full in advance, and (with Seller's consent) to reinstate the Contract. if Buyer timely cures any default. 3. Buyer shall be deemed to have committed an "Event of Default" of the Contract upon the occurrence of any of the following: (a) failure to make any payment on or before the date it is due, (b) failure to make a payment on any other Contract outstanding with Seller, (C) failure to perform any other provision of the Contract, (d) providing Seller with false information or signatures, (e) death, incompetence, or conviction of any Buyer of crime involving fraud or dishonesty, (f) insolvency or bankruptcy of any Buyer. 4. Upon or after the occurrence of any Event of Default, Seller will provide Buyer with notice, by certified mail as required by law, addressed to Buyer's last known address as shown on Seller's records, advising Buyer of the default and of Buyer's right to cure the default. The notice will provide the time, amount and performance necessary to cure the default. If Buyer does not cure the default as provided in the notice, Seller's rights shall include the right to declare all sums due on the Contract to be immediately due and payable. The Buyer agrees to pay all attorney's fees and other reasonable collection costs and charges necessary for the collection of any amount not paid when due. 5. Waiver by Seller of any Event of Default shall not be binding upon Seller if Seller should thereafter choose to exercise that or any other right or a similar Event of Default occurs later. All Seller's rights and remedies shall be cumulative. Seller's exercise of one or more rights shall not cause Seller to lose any other rights. 6. This Contract is freely assignable by Seller. Buyer agrees that upon receiving notice of the assignment Buyer shall be obligated to the Assignee of this Contract, which Assignee shall have all of Seller's right and remedies. 7. If any part of this Contract is held to be illegal, void or unenforceable, that provision shall be deemed not to have been a part of this Contract, which shall otherwise remain fully effective. 8. APPLICABLE LAW: This Agreement, whenever called upon to be construed, shall be governed by the domestic internal laws of the Commonwealth of Pennsylvania except to the extent supplemented, superseded or preempted by federal law. 3 9. CONSENT TO JURISDICTION, VENUE AND SERVICE: The parties to this Agreement con~ent and agree that all legal proceedings relating to the subject matter hereof shall be maintained in the Court of Common Pleas of Cumberland County, Pennsy1vania, 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, ret.urn 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 B~~K SPACE. (2) YOU ARE ENTITLRD 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. /J BUYER(S)' ~~~ f1, ~u/ 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 ~f ct:.?I~ TRANSCRIPT OF A STUDENT'S RECORD WILL NOT BE RELEASED IF LOAN PAYMENTS TO THE COLLEGE ARE IN ARREARS OR DEFAULT. DATE: DICKINSON COLLEGE BY 4 Exhibit E 70~ -- ~1ff- c' ~, DICKrNSON COLLEGE FLEXIBLE FINANCING SYSTEM - PLAN B EDUCATIONAL GOODS .AND SERVICES RETAIL INSTALLMENT CONTRACT December 12, 1995 I. Seller: Dickinson College, Carlisle, Pennsylvania 17013-2896 Buyer(s) : Josephine C. Carr 6633 Marott Drive Baltimore, Me 21207 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 Sydney L. Hawkins (hereinafter "Student") during his/her enrollment at Dickinson College during the 1995-1996 academic year, including tuition, room and board, books and supplies as herein stated (hereinafter the "Goods and Services"). The Goods and Services shall include only tuition, room and board. I I. TERMS OF PAYMENT AND PAYMENT SCHEDULE Disclosures Required by Federal Law ANNUAL PERCENTAGE FINANCE CHARGE: AMOUNT FINANCED: TOTAL OF TOTAL SALE RATE: * Dollar amount Amount of credit PAYMENTS: PRICE: Cost of credit as credit will provided by Amount paid by Total cost of yearly rate cost buyer Dickinson College Buyer as total of purchase on all scheduled credit, including payments down payment of $ 23,955.00 10.00 % $ 555.64 $ 915.00 $ 1,470.64 $ 24,870.00 2 EXHIBIT "E" Rev 2/92 Car: Buyer's payment schedule will be as follows: Number of Payments Amount of Payments When Payments are Due 124 $ 11. 86 Monthly commencing 1/28/96 until OS/28/06 *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 a9 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 $915.00 at 10.00% per annum for 124 months and the prime rate plus 1% were increased to 11.00%, your regular monthly payments would increase to $12.38. Further, the ANNUAL PERCENTAGE RATE will not increase to more than 18% or such other rate as may be permitted under the Pennsylvania Goods and Services Installment Sales Act. If a payment is more than 15 days late, a sum equivalent to 5% of the late payment (but no more than $2.50 and not less than $1.00) may be charged. Buyer may prepay the unpaid balance of the Amount Financed and any FINANCE CHARGE due through the date of early payment, in full or in part, without penalty. SEE SECTION VI OF THE CONTRACT BELOW FOR ANY ADDITIONAL INFORMATION ABOUT NON-PAYMENT, DEFAULT AND REQUIRED REPAYMENT BEFORE THE SCHEDULED DATE FOR REPAYMENT OF THE AMOUNT FINANCED. 1. III. ITEMIZATION OF AMOUNT FINANCED Cash price of Goods and Services: 24,870.00 2. $ Total down payment: 23,955.00 3. Unpaid balance of cash price (1 - 2): 915.00 4. Amount paid to others on Buyer's behalf: - 0 - 5. Amount Financed (3 + 4): 915.00 $ 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 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 kno~~ address as shown on Seller's records, advising Buyer of the derault and or Buyer's right to cure the default. The notice will provide the time, amount and performance necessary to cure the default. If Buyer does not cure the default as provided in the notice, Seller's rights shall include the right to declare all sums due on the Contract to be immediately due and payable. The Buyer agrees to pay all attorney's fees and other reasonable collection costs and charges necessary for the collection of any amount not paid when due. 5. Waiver by Seller of any Event of Default shall not be binding upon Seller if Seller should thereafter choose to exercise that or any other right or a similar Event of Default occurs later. All Seller's rights and remedies shall be cumulative. Seller's exercise of one or more rights shall not cause Seller to lose any other rights. 6. This Contract is freely assignable by Seller. Buyer agrees that upon receiving notice of the assignment Buyer shall be obligated to the Assignee of this 3 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, dir,~cted to the respe(~tive 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 IT~ TE"S. _ /J BUYER(s)'Cf4R.~ t!. C~ V I AGREE TO REPAY ALL AMOUNTS DUE ON THIS LOAN IF THE BORROWER(S)jBUYER(S) TO DO SO IN ACCORDANCE WITH THE TERMS OF THE NOTE: ~k~_~~ FAILS STUDENT COSIGNER s'J~ .lJ.---- . ~SCRIPT OF A STUDENT'S RECORD WILL HOT BE RELEASED IF LOAJf PAYMENTS TO TIlE COLLEGE ARE IH ARREARS OR DEFAULT. DATE: ,/ l&cPf)/'9.s DICKINSON COLLEGE BY ~ 4 Exhibit F ,AUG 1, 5 19sj DICKINSON COLLEGE FLEXIBLE FINANCING SYSTEM - PLAN B EDUCATIONAL GOODS AND SERVICES RETAIL INSTALLMENT CONTRACT August 6, 1996 I. Seller: Dickinson College, Carlisle, Pennsylvania 17013-2896 Buyer ( s) : Josephine C. Carr 6633 Marott Drive Balto Me 21207 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 Sydney L. Hawkins (hereinafter "Student") during his/her enrollment at Dickinson College during the 1996-1997 academic year, including tuition, room and board, books and supplies as herein stated (hereinafter the "Goods and Services"). The Goods and Services shall include only tuition, room and board. II. TERMS OF PAYMENT AND PAYMENT SCHEDULE Disclosures Required by Federal Law ANNUAL PERCENTAGE FINANCE CHARGE: AMOUNT FINANCED: TOTAL OF TOTAL SALE RATE: * Dollar amount Amount of credit PAYMENTS: PRICE: Cost of credit as credit will provided by Amount paid by Total cost of yearly rate cost buyer Dickinson College Buyer as total of purchase on all scheduled credit, including payments down payment of C\. Ocfi .DO $ 17,460.00 9.25 % $ 4,622.00 .~~ $ 13,572.00 $ 26,410.00 ct> EXHIBIT "F" Rev 8/96 Carl Buyer's payment schedule will be as follows: Number of Payments Amount of Payments When Payments are Due 116 $ 11 7.00 Monthly commencing 9/28/96 until OS/28/06 *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 $8,950.00 at 9.25% per annum for 116 months and the prime rate plus 1% were increased to 10.25%, your regular monthly payments would increase to $121.89. Further, the ANNUAL PERCENTAGE RATE will not increase to more than 18% or such other rate as may be permitted under the Pennsylvania Goods and Services Installment Sales Act. If a payment is more than 15 days late, a sum equivalent to 5% of the late payment (but no more than $2.50 and not less than $1.00) may be charged. Buyer may prepay the unpaid balance of the Amount Financed and any FINANCE CHARGE due through the date of early payment, in full or in part, without penalty. SEE SECTION VI OF THE CONTRACT BELOW FOR ANY ADDITIONAL INFORMATION ABOUT NON-PAYMENT, DEFAULT AND REQUIRED REPAYMENT BEFORE THE SCHEDULED DATE FOR REPAYMENT OF THE AMOUNT FINANCED. 1. III. ITEMIZATION OF AMOUNT FINANCED Cash price of Goods and Services: 26,410.00 2. $ Total down payment: 3. 5. Amount Financed (3 + 4): $ 17,460.00 ( ----- Cl (50 a,-950. 00 - 0 - tb . q(jO 8~O:OO Unpaid balance of cash price (1 - 2): 4. Amount paid to others on Buyer's behalf: 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 defau1.t. 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 a1.l attorney's fees and other reasonable collection costs and charges necessary for the collection of any amount not paid when due. 5. Waiver by Seller of any Event of Default shall not be binding upon Seller if Seller should thereafter choose to exercise that or any other right or a similar Event of Default occurs later. All Seller's rights and remedies shall be cumulative. Seller's exercise of one or more rights shall not cause Seller to lose any other rights. 6. This Contract is freely assignable by Sel1.er. Buyer agrees that upon receiving notice of the assignment Buyer shall be obligated to the Assignee of this 3 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 tache respective party at the address set forth above. 10. This Contract shall be binding upon the parties hereto, their heirs, successors, ass~gns 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 TO BE LEGALLY BOUND BY ITS TERMS. rJ~~ COpy OF THIS CONTRACT AND INTEND(S) BUYER ( S) : (I. e&-1~ 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 .Jy itltj'~) ~~u, TRANSCRIPT OF A STUDENT'S RECORD WILL NOT BE RELEASED IF LOAN PAYMENTS TO THE COLLEGE ARE IN ARREARS OR DEFAULT. DATE: DICKINSON COLLEGE c;, / / /-. =/ l."1 ,/C BY (/~-1- ~ ,~{_. j.L~-'7e-1 ,_/ 4 , . VERIFICATION I, THOMAS MEYER, Assistant Treasurer of Dickinson College, acknowledge that I have the authority to execute this Verification on behalf of Dickinson College and certify that the foregoing Complaint is based upon information which has been gathered by my counsel in the preparation of this lawsuit. The language ofthis Complaint is that of counsel and not my own. I have read the document and to the extent that this Complaint is based upon information which I have given to my counsel, it is true and correct and to the best of my knowledge, information and belief. To the extent that the content of this Complaint is that of counsel, I have relied upon counsel in making this Verification. This statement and Verification are made subject to the penalties of 18 Pa. C.S. S 4904 relating to unsworn falsification to authorities, which provides that in knowingly make false averments, I may be subject to criminal penalties. Dickinson College d3n /k{A. L-- Thomas Meyer ( Assistant Treasurer) of Dickinson College Dated: 5/0)3/og >- in ~ <'.. 1::::. '. ..;;;c Q !l. 1;> r~ ~L. ('-J u- ;" ::.: 1.1_ c.' o Q ~ "3 o - ~ r') ~ C"\ ~ ~ ,ECEIVEL MAY 2 1 2003 '/I n\A/r F \FlLES\DA T AFILE\Dickinson College 7619\DickinsonCollegeCollections7619C\Documents\ 135 pra Ifcny Created:6/4/032,36:20PM Revised 6/4/032:4833 PM 7619C.\35 DICKINSON COLLEGE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v, NO, 03-2478 CIVIL ACTION-LAW JOSEPHINE C, CARR and SYDNEY L. HAWKINS, Defendants JURY TRIAL OF TWELVE DEMANDED PRAECIPE TO DOCUMENT SERVICE PURSUANT TO THE PENNSYLVANIA LONG ARM STATUTE 1 hereby certify that a copy of the Complaint was mailed to Josephine C, Carr on May 28, 2003, by certified mail, restricted delivery, return receipt requested, Attached is the Post Office return receipt signed and dated May 31, 2003, David R. Galloway, squire 1. D, Number 87326 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Date: June 4, 2003 Attorneys for Plaintiff U,S. Postal Service CERTIFIED MAIL RECEIPT (DomestIc Mall Only, No Insurance Coverage Provided) -" -" c o-'l AD Wo i;i,ll' ~( J81 \ 20tfitmark \.", voere c ..-. -" o-'l D e, --' Postage $ 1_ 7) ~.~c) /'7:;- :3 5'0 Total Postage & Fees $ I 0 nnmnmn('n4w g -si;e--;~~.;O%:'~ ~ ___________n C 7::ifY, Staie,-ziP+4-t-~t~ - n - ..-. ~~7-bY ~ Certified Fee IT1 IT" ..-. .., o-'l C C C Return Receipt Fee (Endorsement Required) !../ ~:/~~, ,/ .::------ Restricted Delivery Fee (Endorsement Required) 7/,I9C,/.s. . Col11plolW INma 1, 2, ond 3, AlIa con..... item 4 if Restricted Delivery is desired. . Print your name and address on the reverse so that we can return the card to you. . Attach this card to the back of the mail piece, or on the front if space permits. 1. Article Addressed to: ~, 9::~rA(w C' ~ ~~93 '17(~ ~ ~ / pi) ",:J/>2,47-~~ 3. Serv9 Type l3"'eertified Mail D Registered o Insured Mail o Express Mail o Return Receipt for MElfChandise o C.O.D. 7"1'~C./~ 4. Restricted Delivery? (Extra Fee) t3'fes 2. Article Number (Transfer from service label) 7.:(41 PS Form 3811 , August 2001 1~7~ oIJoIJel i~ /~6~ Domestic Return Receipt 102595-02-"'-1035 CERTIFICATE OF SERVICE 1, Christina N, Yost, 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, P A, first class mail, postage prepaid, addressed as follows: Ms, Josephine C, Carr 6633 Marott Drive Baltimore, MD 21207-6444 MARTSON DEARDORFF WILLIAMS & OTTO By t~A.-)('~ Christina N, Yost Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: June 4, 2003 >- a: ..:;r 1"-: (. ~j f'~~ ~L. '. (.:j ~.- , ' o Lu --1 .",'"", r'-' t.J._ o c;;) j?: .7 3< '-!7 .)~ :22 _. iJ) iZ jj2fj ~o... => o ~ c: '.-;} I ..L.. :J (") o :Z:':b t;r;: -<2 ~O ~(") -~O >c ~ IiINVAl,\SNN3d JJ.Nno:J ()VliI38i"1n:::J 2 ~i ~;:o f""_~ n, .-, "t r- Jlni' ,.." '1" /.(';: -" -(' o .1 C. (. ';,' ~ j :; -.--..' (::; too." .C) ;'~n ~~; 5:r -< ~ F:\FILESIDA T AFlLE\Dickinson College 7619\DickinsonCollegeCollections7619C1Documents\ I3S,stip llcny Created: 6I24/030:06PM Revised: 8/lIl038:29AM 7619C.I3S DICKINSON COLLEGE, Plaintiff v, JOSEPHINE C. CARR and SYDNEY L. HA WKlNS, Defendants , . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO, 03-2478 CIVIL ACTION-LAW JURY TRIAL OF TWELVE DEMANDED STIPULATION AND AGREEMENT FOR ENTRY OF JUDGMENT AND NOW, comes Plaintiff, DICKINSON COLLEGE, by and through its attorneys, MARTSON DEARDORFF WILLIAMS & OTTO, and Defendants JOSEPHINE C. CARR and SYDNEY L. HAWKINS who stipulate and agree as follows: 1. Pa, R,C.P, 1037 (c) provides that in all cases, the Court, on motion of a party, may enter an appropriate judgment against a party upon admission, 2, Defendants agree and admit that Judgment should be entered against them in favor of Plaintiff in the amount of $34,070,79, plus collection and attorneys' fees in the amount of $3,949,95 for a total of$38,020.74 plus costs of suit and interest accruing at $3.49 per day from date of judgment. 3, The parties agree that the Court, upon motion of Plaintiff, may enter Judgment pursuant to this Stipulation without issuance of a Rule to Show Cause, and without further proceedings or notice, ~~~~ flaw' L Jo hine C, Carr 6633 Marott Drive Baltimore, MD 21207-6444 BY~A ~ ~~ S eYL~- 6633 Marott Drive Baltimore, MD 21207-6444 Defendants ~/1.-i!o ? Date: David R, Galloway, Esquire Martson Deardorff Williams & Ten East High Street Carlisle, PA 17013-3093 (717) 243-33411 Attorney for Plaintiff Date: ~;5 .' , ~;; ~ ?L fJ - ~ - =-" o ~ d o "' ~:, mJl~- _)L: zf- (j) ~:':' -<.. ~c 2',- ~.~~:- 2'. ~ .c:::- c.... '..~.J -I! ?) ,., ";J _.:1 v_.l ~~::J :~) '~J:~ .':':J -<; :".1 ....J F:IFlLESIDATAFILE\Dickinson College 7619lDickinsonCollegeColleclions7619ClDocumenlsl135acpt/cny Created: 6J2410310:12AM Revised: 6124/031O;13AM 7619C135 DICKINSON COLLEGE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO, 03-2478 CNIL ACTION-LAW JOSEPHINE C, CARR and SYDNEY L. HAWKINS, Defendants JURY TRIAL OF TWELVE DEMANDED ACCEPTANCE OF SERVICE I, Sydney L. Hawkins, accept service of the Complaint ~ '[b ~' \ 1 Ql).J....: ~ ~ L. Ha~ns Dated: ~ /.9.. S I ,2003 CERTIFICATE OF SERVICE 1, Marti Then, an authorized agent for Martson Deardorff Williams & Otto, hereby certify that a copy of the foregoing Acceptance of Service was served this date by depositing same in the Post Office at Carlisle, P A, first class mail, postage prepaid, addressed as follows: Sydney L. Hawkins 6633 Marott Drive Baltimore, MD 21207-6444 Josephine C, Carr 6633 Marott Drive Baltimore, MD 21207-6444 Steven Silberg, Esquire SILBERG & SILBERG, PA The B & 0 Building 2 North Charles Street, Suite 330 Baltimore, MD 21201 Attorney for Defendants MARTSON DEARDORFF WILLIAMS & OTTO 7 By'--!/ .\~J Marti en Ten East High Street Carlisle, P A 17013 (717) 243-3341 Dated: September 16, 2003 o ~ 4:' ~~~ (I) ~ \ i~ Y'C_ -/ 3 ." .\' "J .,.'1 c- ~:::.: F:\FTLES\DATAFlLE\Dickillsoll College 7619\DickinsonCollegeCollectiolls76190Documents\135.ord Created: 6/19/034:08PM Revised: 9/16/0311:55AM 7619C.135 o DICKINSON COLLEGE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v, NO, 03-2478 CIVIL ACTION-LAW JOSEPHINE C,CARR and SYDNEY L. HA WKlNS, Defendants JURY TRIAL OF TWELVE DEMANDED ~ ORDER OF COURT AND NOW, this 11 day of c;, r t. , 2003, upon consideration of the attached Stipulation, judgment is hereby entered in favor of Plaintiff, Dickinson College, against Defendants, Josephine C, Carr and Sydney L. Hawkins, in the amount of $34,070,79, plus collection and attorneys' fees in the amount of$3,949,95, for a total of $38,020.74 plus interest accruing at $3.49 per day from date of judgment. Prothonotary is directed to enter and index this judgment accordingly, BYTHJ2 _vi ." , J. for Plaintiff: David R. Galloway, Esquire Ten East High Street Carlisle, P A 17013 ~~ 9.13-03 for Defendant: Steven Silberg, Esquire The B & 0 Building 2 North Charles Street, Suite 330 Baltimore, MD 21201 ~C~ ~ j" ~~ . F: \FJLES\OA T AFILE\Oickinson College 7619\DickinsonCollegeCollections7619C\DocumenU\ 135.stip Ifcny Created: 6/24/030:06PM Revised 8/ll/038:29AM 7619C135 DICKINSON COLLEGE, Plaintiff v, JOSEPHINE C, CARR and SYDNEY L. HA WKlNS, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO, 03-2478 CIVIL ACTION-LAW JURY TRIAL OF TWELVE DEMANDED STIPULATION AND AGREEMENT FOR ENTRY OF JUDGMENT AND NOW, comes Plaintiff, DICKINSON COLLEGE, by and through its attorneys, MARTSON DEARDORFF WILLIAMS & OTTO, and Defendants JOSEPHINE C, CARR and SYDNEY L. HA WKlNS who stipulate and agree as follows: 1. Pa, R,C.P, 1037 (c) provides that in all cases, the Court, on motion of a party, may enter an appropriate judgment against a party upon admission, 2, Defendants agree and admit that Judgment should be entered against them in favor of Plaintiff in the amount of $34,070,79, plus collection and attorneys' fees in the amount of $3,949,95 for a total of$38,020.74 plus costs of suit and interest accruing at $3.49 per day from date of judgment. 3, The parties agree that the Court, upon motion of Plaintiff, may enter Judgment pursuant to this Stipulation without issuance of a Rule to Show Cause, and without further proceedings or notice, ~~c1t~ (J ~W/ L ~~~: C, Carr 6633 Marott Drive Baltimore, MD 21207-6444 , . By C_, 1J A-^':f~Jl1. rr~"-0 S~yL.~~/ 6633 Marott Drive Baltimore, MD 21207-6444 Defendants co/'l..r/O? Date: B David R, Galloway, Esquire Martson Deardorff Williams & Ten East High Street Carlisle, PA 17013-3093 (717) 243-3341 Attorney for Plaintiff Date: ~}5 -. 0\\0 '-' 'f-~ (j .7C 'A ~ c ') f ~ -. - ~ 9--., , -c. rCS Su ~ U', c/\ ~, ~ ~. 0 --:, ,. .. . ~~ F t~ " F:\FILES\DATAFlLE\DicIdnaonCollege7619\Co1lections\Cun:ent\135\135,pra4/mai Cre&ted:614/032:36:20PM R.evi$ed:81301062:18:48PM 7619C.13S DICKINSON COLLEGE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v, NO, 03-2478 CIVIL ACTION-LAW JOSEPHINE C, CARR and SYDNEY L. HAWKINS, Defendants JURY TRIAL OF TWELVE DEMANDED PRAECIPE TO THE PROTHONOTARY: Please mark the above captioned action settled, discontinued and satisfied, MARTSON DEARDORFF WILLIAMS & OTTO By C-.e- ~ 'l 72- Christopher E, Rice, Esquire 1. D, Number 90916 Ten East High Street Carlisle, P A 17013 (717) 243-3341 Date: o)3J / tlh Attorneys for Plaintiff . . CERTIFICATE OF SERVICE 1, Mary M. Price, an authorized agent of Marts on 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, P A, first class mail, postage prepaid, addressed as follows: Jeffrey Seiken, Esquire 1845 Walnut Street, Suite 1610 Philadelphia, PA 19103 MARTSON DEARDORFF WILLIAMS & OTTO BY~)yt.~ Mary Price Ten t High Street Carlisle, P A 17013 (717) 243-3341 Dated: (') c ~, l.'U; Cflii' ,- r:; <: C,_, C~~ Z --' -< ...., = c.:::, cro (/) f"1 -0 I o >1 ~"Tl n1F -,"::)rr: :-"~lC) i~~ :.) .-l 55 '< """ ::I: 0"\