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HomeMy WebLinkAbout03-2808DICKINSON COLLEGE, Plaintiff DAVID & DEBORAH YEARING, h/w, & BRIAN D. YEARING, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 05- 2go ' CiVIL ACTION-LAW JURY TRIAL OF TWELVE DEMANDED NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiffs. You may lose money or property or other 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 ~& .OTTO David R. Galloway, Esquire I.D. No. 87326 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attomeys for Plaintiff DICKINSON COLLEGE, Plaintiff DAVID E. & DEBORAH B. YEARING, h/w, & BRLAN D. YEARING, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. CIVIL ACTION-LAW JURY TRIAL OF TWELVE DEMANDED COMPLAINT AND NOW, comes Plaintiff Dickinson College by and through its attomeys, MARTSON DEARDORFF WILLIAMS & OTTO, and hereby avers as follows: 1. Plaintiff Dickinson College is a Pennsylvania educational institution and nonprofit corporation with its principle place of business at West Street, Post Office Box 1773, Carlisle, Cumberland County, Pennsylvania 17013. 2. Defendants, David E. and Deborah B. Yearing, (hereinafter "Parents"), are adult individuals residing as husband and wife with a last known address of 1004 Richmont Street, Scranton, Lackawanna County, Pennsylvania 18509-1724. 3. Defendant Brian D. Yearing, (hereinafter "Student"), is an adult individual with a last known address of 1004 Richmont Street, Scranton, Lackawanna County, Pennsylvania 18509-1724. 4. On or about August 28, 1996, Parents and Student entered into a Promissory Note (Note #1) with Plaintiff for the financing of $5,425.00, plus interest and costs by Parents on their 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 May 10, 2000, Parent, David Yearing, and Student entered into an additional Promissory Note (Note #2) with Plaintiff for the financing of $800.00, plus interest and costs by Parent on his own behalf, for educational services and benefits to Student at Plaintiff's institution. A copy of Note #2 is attached hereto as Exhibit "B." 6. On or about May 10, 2000, Parent, David Yearing, and Student entered into an additional Promissory Note (Note #3) with Plaintiff for the financing of $4,000.00, plus interest and costs by Parent on his own behalf, for educational services and benefits to Student at Plaintiff's institution. A copy of Note//3 is attached hereto as Exhibit "C." 7. The collective principal balance for Note//1, Note//2 and Note #3 is $10,225.00. 8. Note #1, Note #2 and Note//3 grants Plaintiffreasonable collection and attorneys' fees which Plaintiff has calculated to be $1,533.75. 9. As of May 20, 2003, the principal and interest due and payable by Parents and Student to Plaintiff was $14,605.43, plus interest in the amount of $2.19 per day. 10. Parents and Student stopped making monthlypayments on or about November 14, 2000. I 1. The outstanding balance ors 14,605.43 represents the total and actual overdue value of the financing provided to Parents and Student under Note #1, Note #2 and Note #3 for which they have yet to pay. 12. Plaintiff fulfilled, performed and complied with all obligations and conditions of Note #1, Note//2 and Note//3. COUNT I BREACH OF CONTRACT DICKINSON COI,I ~EGE v. DAVID E. YEARING & BRIAN D. YEARINC 13. Plaintiff hereby incorporates by reference the averments contained in Paragraphs 1 through 12 of this Complaint. 14. Parent, David E. Yearing, and Student breached the expressed and implied obligations, conditions and terms of agreement of Note//1, Note #2 and Note #3 by failing to pay the amounts financed therein. WHEREFORE, Plaintiffdemands judgment against Defendants, David E. Yearing and Brian D. Yearing, in the amount of $14,605.43, plus interest in the amount of $2.19 per day, collection and attorneys' fees in the amount of $1,533.75 and costs of suit. COUNT II BREACH OF CONTRACT DICKINSON COLLEGE v. DEBORAH B. YEARINC. 15. Plaintiff hereby incorporates by reference the averments contained in Paragraphs 1 through 14 of this Complaint. 16. Parent, Deborah B. YearLng, breached the expressed and implied obligations, conditions and terms of agreement of Note #1 by failing to pay the amounts financed therein. WHEREFORE, Plaintiff demands judgment against Defendant, Deborah B. Yeafing, in the amount of $8,160.19, plus interest in the amount of $.85 per day, collection and attorneys' fees in the amount of $1,533.75 and costs of suit. COUNT III IN QU.4NTUM MER UIT DICKINSON COLI JZ, GEv. BRIAN D. YEARINC. 17. Plaintiff hereby incorporates by reference the averments contained in Paragraphs 1 through 16 of this Complaint. 18. Having requested Plaintiff to loan money, and doing so to the benefit of Student, Student became liable to Plaintiff for said money. 19. Student has been unjustly enriched by accepting said money without paying Plaintiff reasonable compensation therefor. 20. The total amount by which Student has become enriched is $14,605.43, plus interest in the amount of $2.19 per day. WHEREFORE, Plaintiff demands judgment against Defendant, Brian D. Yearing, in the amount of$14,605.43, plus interest in the amount of $2.19 per day, collection and attorneys' fees in the amount of $1,533.75 and costs of suit. MARTSON DEARDORFF WILLIAMS & OTTO I.D. No. 87326 ~x ~ Ten East High Street ~ Carlisle, PA 17013-3093 (717) 243-3341 Attorneys for Plaintiff Exhibit A DICKINSON COLLEGE FLEXIBLE FINANCING SYSTEM - PLAN B ~ 7/~ EDUCATIONAL GOODS AND SERVICES RETAIL INSTALLMENT CONTRACT August 28, 1996 Seller: Suyer(s): Dickinson College, Carlisle, Pennsylvania 17013-2896 David E. & Deborah B. Yearing 1004 Richmont St. Scranton PA 18509 if there is more than one Euyer, each of you will be ~ ' o~~lgated, jointly and severally, fo 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 Brian D. Yearing (hereinafter "Student,,) during his/he~ enrollment at Dickinson College during the 1996-1997 academ~ year, including ~ition, room amc board, books and supplies as herein ~tated (hereinafter the Goods and Services }. The Goods and Services shall include only tuition, room and board. II. TERMS OF PAYMENT AND PAYMENT SCHEDULE Disclosures Required by Federal Law ANNUAL PERCENTAGE RATE:* Cost of credit as yearly rate 9.25 % FINANCE CHARGE: Dollar amount credit will cost buyer $ $3,802.92 AMOUNT FINANCED: Amount of credit provided by Dickinson College $ $5,425.00 TOTAL OF PAYMENTS: Amount paid by Buyer as total of all scheduled payments $ $9,227.92 TOTAL SALE PRICE: Total cost of purchase on credit, including down payment of $ $20,985.00 $ $26,410.00 EXHIBIT "A" Rev 8/96 Buyer's payment schedule will be as follows: of Pay~ of Payments 152 ~ $ $60.71 When Payments are Due Monthly commencing 9/28/96 until 05/28/09 *Variable Rate: Late Charge: Prepayment: The ANNUAL PERCENTAGE RATE disclosed above is a ~ 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 ~NNUAL PERCENTAGE RATE will not increase ~ore than once a year, and the new interest rate will become effective on July i following the increase, if any, in the prime rate of interest. Any increase will be in the form of higher payment amounts. If your cost of the Goods and Services sold hereunder were $$5,425.00 at 9.25% per annum for 152 months and the prime rate plus 1% were increased to 10.25%, your regular monthly payments would increase to $$63.87. 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 Installment Sales Act. Service 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 ANE REQUIRED REPAYMENT BEFORE THE SCHEDULED DATE FOR REPAYMENT OF THE AMOUNT FINANCED. III. ITEMIZATION OF AMOUNT FINANCED 1. Cash price of Goods and Services: $ $26,410.0C 2. Total down payment: $20,985.0C 3. Unpaid balance of cash price (1 - 2): $5,425.00 4. Amount paid to others on Buyer's behalf: 5. Amount Financed (3 + 4): $ $5,425.0(i V. CREDIT INSURANCE Credit life insurance for the term of this Contract is not required. V. NO WARP~ANTIES THERE ARE NO WA/~RANTIES, 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 SEP~qATE WRITTEN WARRANTY. VI. ~DITIONAL PROVISIONS Buyer agrees to pay Seller the Total Sale Price by making the total down payment and paying Seller the Total of Payments in the nu~er 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: Edu~erv Tecbno!ogies, Inc° P.O. Box 64974 St. Paul, MN 55164-0974 Buyer's legal rights include the right to pay all or part of the amounts due on this Contract in advance of their due dates, to obtain a refund or credit of unearned Finance Charge whenever the amount is paid in full in advance, and (with Seller's consent) to reinstate the Contract if Buyer timely cures any default. Buyer shall be deemed to have co~unitted 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 pa!rment on any other Contract outstanding with Seller, (c) failure to perform any other provision of the Contract, (d) providing Seller with false information or signatures, (e) death, incompetence, or conviction of any Buyer of crime involving fraud or dishonesty, (f) insolvency or bankruptcy of any Buyer. Upon or after the occurrence of any Event of Default, Seller will provide Buyer with notice, by certified mail as required by law, addressed to Buyer's last known address as shown on Seller's records, advising Buyer of the default and of Buyer's right to cure the default. The notice will provide the time, amount and performance necessary to cur~ the def~u!t. If Buyer does not cure the default as provided in the notice, Seller's rights shall include the right to declare all sums due on the Contract to be immediately due and payable. The Buyer agrees to pay all attorney,s fees and other reasonable collection costs and charges necessary for the collection of any amount not paid when due. Waiver by Seller of any Event of Default shall not be binding upon Seller if Seller should thereafter choose to exercise that or any other right or a similar Event of Default occurs later. All Seller's rights and remedies shall be cumulative. Seller,s exercise of one or more rights shall not cause Seller to lose any other rights. This Contract is freely assignable by Seller. Buyer agrees that upon receiving notice of the assignment Buyer shall be obligated to the Assignee of this 3 Contract, which Ansignee shall have all of Seller's right and remedies. If any part of this Contract is held to be illegal, void or unenforceable, that provision shall be deemed not to have been a part of this Contract, which shall otherwise remain fully effective. ~~: 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. ~ TO JURI$~TIO~ V~L~L~ViCE: 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: A/~y HOLDER OF THIS CONSUltER CPd~DIT CONTRACT IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH THE DEBTOR COULD ASSERT AGAINST THE SELLER OF C~DODS 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 AGP~EEMENT BEFORE YOU READ IT OR IF IT CONTAINS Ah~f BL~h~K SPACE. (2) YOU ~ 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 A/~OUNT DUE AND UNDER CERTAIN CONDITIONS TO OBTAIN A PARTIAL REFUND OF THE FINANCE CH~RGE. BUYER(S) ACKNOWLEDG~) RECEIVING A COMPL ~' '~ ETED COPy OF I AGREE TO REPAy ALL AMOUNTS DUE ON THIS LOAN IF THE BORROWER(S)/BUYER(S) FAILS TO DO SO IN ACCORDANCE WITH THE TERMS OF THE NOTE: TRANSCRIPT OFt S~DF24T ' S~CORD WIIJ~ NOT BE R ~.~,SED IF LOAN PAYMEN DEFAULT. ~S ~ ~.~ CO~?.mGE ARE IN A~S OR DATE: DICKINSON COLLEGE Exhibit B DICKINSON COLLEGE FLEXIBLE FINANCING SYSTEM - PLAN B EDUCATIONAL GOODS AND SERVICES RETAIL INSTALLMENT CONTRACT May 10, 2000 I. Seller: Dickinson College, Carlisle, Pennsylvania 17013-2896 Buyer(s): David E. Yearing 1004 Richmont Street Scranton, PA 18509 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 Educational Goods and Services Retail Installment Contract.(the "Contract"). Under the terms of this Contract, you have agreed to pay the expenses incurred for Goods and Services (as hereinafter defined) to be provided and rendered, as the case may be, to Brian D. Yearing (hereinafter "Student") during his/her enrollment at Dickinson College during the 2000 academic year, including tuition, room and board, books and supplies as herein stated (collectively the "Goods and Services"). ANNUAL PERCENTAGE RATE:* Cost of credit as yearly rate 8.75 % TERMS OF PAYMENT AND PAYMENT SCHEDULE Disclosures Required by Federal Law FINANCE CHARGE: Dollar amount credit will cost buyer $ 387.84 AMOUNT FINANCED: Amount of credit provided by Dickinson College $ 800.00 TOTAL OF PAYMENTS: Amount paid by Buyer as total of all scheduled payments $1,187.84 TOTAL SALE PRICE: Total cost of pumhase on credit, including down payment of $ 28,935.00 $ 29,735.00 Rev 10/99 EXHIBIT "B" Yearing ' Number of Payments 116 *Variable Rate: Late Charge: Prepayment: Buyer's payment schedule will be as follows: Amo._~unt of Payments ~ When Payments are Due I Monthl- -- .... $10.24 I Monthly commencing 06/28/00 until 06/28/09 The initial ANNUAL PERCENTAGE RATE disclosed above is a variable rate and may change(increase or decrease) from time to time. The ANNUAL PERCENTAGE RATE may increase or decrease 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 or decreases, and will be increased or decreased to the prime rate plus 1%. The ANNUAL PERCENTAGE RATE will not increase, or decrease, more than once a year, and the new interest rate will become effective on July 1 following the increase or decrease, 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 $800.00 at 8.75% per annum for 116 months and the prime rate plus 1% were increased t o o 9.75 ¼, your regular monthly payments would increase to $10.68. Further, the ANNUAL PERCENTAGE RATE will not increase to more than 18% or such other rate as may be permitted under Pennsylvania law. Ifa payment is more than 15 days late, a sum equivalent to 5% of the late payment (but no more than $2.50 and not less than $1.00) may be charged. 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. 2. 3. 4. 5. III. ITEMIZATION OF AMOUNT FINANCED Cash price of Goods and Services: Total down payment: Unpaid balance of cash price (1 - 2): Amount paid to others on Buyer's behalf: Amount Financed (3 + 4): 29,735.00 28,935.00 800.00 800.00 IV. CREDIT INSURANCE Credit life insurance for the term of ti'tis Contract is not required. V. NO WARRANTIES THERE ARE NO WARRANTIES, EITHER EXPRESSED OR IMPLIED, GIVEN BY SELLER 1N CONNECTION WITH SALE OF THE GOODS AND WRITTEN WARRANTY. SERVICES COVERED BY THIS CONTRACT UNLESS BUYER HAS BEEN GIVEN A SEPARATE VI. ADDITIONAL PROVISIONS Buyer agrees to pay Seller the Total Sale Price by mak/ng the total down payment and paying Seller the Total of Payments in the number and amount ofmonth/y payments showu in the Payment Schedule. Payments are due on or before the same date of each month as the first payment date. Payments must be made to EFG Technologies, Inc. at the following address: EFG Technologies, Inc. PO Box 2901 Winstun-Salem NC 27102 Buyer's legal rights include the right to pay all or part of the mounts due on this Contract in advance of their due dates, to obtain a re,nd or credit of unearned Finance Charge whenever the amount is paid in full in advance, and (with Seller's consent) to reinstate the Contract if Buyer timely cures any default· Buyer shall be deemed to have committed an" Event of Default of the Conu-act upon the occurrence of any of the following: (a) (b) (c) (d) (e) (0 failure to make any payment on or before the date it is due, failure to make a payment on any other Contract outstanding with Seller, failure to perform any other provision of the Contract, providing Seller w/th false information or signatures, death, incompetence, or conviction of any Buyer of crime involving fraud or dishonesty, insolvency or bankruptcy of any Buyer. Upon or after the occurrence of any Event of Default, Seller will provide Buyer with notice, by certified mail as required by law, addressed to Buyer's last known address as shown on Seller's records, advising Buyer of the default an , ' default. The notice will rovide the ' o ..... t o~,4 ~ ~ d of Buyer s right to cure the default as provided in thep tnue ............ p~r~ormance necessary to cure the default. If Buyer does not cure the notice, Seller's rights shall include the right to declare all sums due on the Contract to be immediately due and payable. The Buyer agrees to pay all attorney's fees and other reasonable collection costs and charges necessary for the collection of any amount not paid when due. Waiver by Seller of any Event of Default shall not be binding upon Seller if Seller should fuereaf~:er choose to exerc~s other right or a s/milar Event of Default occurs later A, .... , . , ' e that or any · .'~ aener s rights and remedies shall be cumulative. Seller's exercise of one or more rights shall not cause Seller to lose any other rights. This Contract is freely assignable by Seller. Buyer agrees that upon receiving notice of the assignment Buyer shall be obligated to the Assignee of th/s Contract, wh/ch Assignee shall have all of Seller's right and remedies· If any part of this Contract is held to be illegal, void or unenforceable, that provision shall be deemed not to have been a part of this Contract, which shall otherwSse remain fully effective. APPLICABLE LAW: This Agreement, whenever called upon to be constraed, shall be governed by the domestic internal laws of the Commonwealth of Permsylvania except to the extent supplemented, superseded or preempted by federal law. CONSENT TO JURISDICTION, VENUE AND SERVICE: The parties to this Agreement consent and agree that all legal proceedings relating to the subject matter hereof shall be maintained in the Court of Common Pleas of Cumberland Coanty, 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 shal/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. 1i. This Contract shall be binding upon the parties hereto, their heirs, successors, assigns and legal representatives. TIME IS OF THE ESSENCE OF THIS CONTRACT. NOTICE: ANY HOLDER OF THIS CONSUMER CREDIT CO--CT 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 THE DEBTOR HEREUNDER. HEREUNDER BY THE DEBTOR SHALL NOT EXCEED AMOLrNTS PAID BY 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) ACKNO~'~E(S) RECEIVING A COMPLETED LEGALLY BOUND BY ITS TE~S.X~..x. , COPY OF THIS CONTRACT AND INTEND(S)TO BE Plan B LOAN PAYMENTS TO THE COLLEGE ARE IN A'~REARS OR DEFAULT. DATE: DICKINSON COLLEGE 4 Exhibit C DICKINSON COLLEGE FLEXIBLE FINANCING SYSTEM - PLAN A ~.5~k EDUCATIONAL GOODS AND SERVICES RETAIL INSTALLMENT CONTRACT ~\\~ May 10, 2000 I. Seller:Dickinson College, Carlisle, Pennsylvania 17013 Buyer(s):Mr. David E. Yearing 1004 Richmont Street Scranton, PA 18509 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 Educational Goods and Services Retail Installment Contract (the "contract"). Under the terms of this Contract, you have agreed to pay the expenses incurred for Goods and Services (as hereinafter defined) to be provided and rendered, as the case may be, to Brian Yearing (hereinafter "Student") during his/her enrollment at Dickinson College during the 2000 academic year, including tuition, room and board, books and supplies as herein stated (collectively the "Go .... - oas anti services ). ANNUAL PERCENTAGE RATE: Cost of credit as yearly rate Prior to repayment: 11% During repayment: 11% II. TERMS OF PAYMENT AND PAYMENT SCHEDULE Disclosures Required by Federal Law FINANCE CHARGE: Dollar Amount credit will cost Buyer $1775.41 AMOUNT FINANCED: Amount of credit provided by Dickinson College $4,000.00 TOTAL OF PAYMENTS: Amount paid by Buyer as total of all scheduled payments $5775.41 Rev 10/99 TOTAL SALE PRICE: Total cost of purchase on credit including down payment of $25,735.00 $29,735.O0 EXHIBIT "C" Yearing Number of Payments 8 72 Buyer's payment schedule will be as follows: Amount of Payments When Payments are Due monthly commencing 06/28/00, and continuing until 01/01/01 or such time as Student is no longer enrolled at $36.67 Dickinson (or in an approved full-time off-campus ~ program of studies), whichever is earlier. monthly commencing 02/01/01 or such time as Student is $76.14 no longer enrolled at Dickinson (or in an approved fulb time off-campus program of studies), whichever is earlier. Late charge: Prepayment: Annual Percentage Rate: the Annual Percentage rate disclosed above is a fixed rate for the life of the contract. Ifa payment is more than 15 days late, a sum equivalent to 5% of the late payment (but no more than $2.50 and not less than $1.00) may be charged. 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. ][ff. ITEMIZATION OF AMOUNT FINANCED 2. 3. 4. 5. Cash pr/ce of Goods and Services: Total down payment: Unpaid balance of cash phce (1 - 2): Amount paid to others on Buyer's behalf: Amount Financed (3 + 4): 29,735.00 25,735.00 4,000.00 4,000.00 2 IV. CREDIT INSURANCE Credit life insurance for the term of this Contract is not required. V. NO WARRANTiES THERE ARE NO WARRANTIES, EITHER EXPRESSED OR IMPLIED, GIVEN BY SELLER IN CONNECTION WITH SALE OF THE GOODS AND SERVICES COVERED BY THIS CONTRACT UNLESS BUYER HAS BEEN GIVEN A SEPARATE WRITTEN WARRANTY. VI. ADDITIONAL PROVISIONS Buyer agrees to pay Seller the Total Sale Price by making the total down payment and paying Seller the Total of Payments in the number and amount of montlfly payments shown in the Payment Schedule. Payments are due on or before the same date of each month as the first payment date. Payments must be made to EFG Technologies, Inc. at the following address: EFG Technologies, Inc. PO Box 2901 Winston-Salem NC 27102 Buyer's legal fights include the right to pay all or part of the amounts due on this Contract in advance of their due dates, to obtain a refund or credn of unearned Finance Charge whenever the amount m prod m fullin advance, and (with Seller's consent) to reinstate the Contract if Buyer timely cures any default. Buyer shall be deemed to have committed an "Event of Default" of the Contract upon the occurrence of any of the following: (a) fa/lure 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, (0 insolvency or bankruptcy of any Buyer. Upon or after the occurrence of any Event of Default, Seller will provide Buyer with notice, by certified mail as required by law, addressed to Buyer's last known address as shown on Seller's records, advising Buyer of the default and of Buyer's fight to c_u[.,e th,e ~e f,~ult. The !l,°tic.e will provide the time, amount and performance necess to cure th cure me aetamt as rovtaed m the n ' q ~I,~ ~ ,4~,.~ ~ ,, . ~., _ aD' e default If Buyer does not . ,~ a~ mcmae me ngnt to declare all sums due on the Contract to be ~mmediately due and payable. The Buyer agrees to pay all attorney's fees and other reasonable collection costs and charges necessary for the collectiun of any amount not paid when due. Waiver by Seller of any event of default shall not be binding upon Seller if Seller should thereafter choose to exercise that or any other right or a similar Event of Default occurs later. All Seller's rights and remedies shall be cumulative. Seller's exercise of one or more rights shall not cause Seller to lose any other rights. This Contract is freely assignable by Seller. Buyer agrees that upon receiving notice of the assignment Buyer shall be obligated to the Assignee of this Contract, which Assignee shall have all of Seller's rights and remedies. If any part of this Contract is held to be illegal, void or unenforceable, that provision shall be deemed not to have been a part of this Contract, which shall otherwise remain fully effective. APPLICABLE LAW: This Agreement, whenever called upon to be construed, shall be governed by the domestic internal laws of the Commonwealth of Pennsylvama except to the extent supplemented, superseded or preempted by federal taw. I0. il. CONSENT TO JURISDICTION, VENLrE AND SERVICE. The parties to this Agreement consent and agree that all legal proceedings relating to the subject matter hereof shall be maintained in Pennsylvania, or, if applicable, the United States the Court of Common Pleas of Cumberland County, Dmmct Court of the M~ddle D~stnct of Peunsylvania, and all parties hereto consent and agree that jurisdiction and venue for such proceedings shall lie exclusively within sa/d court. Service of process in any such proceeding may be made by certified mail, return receipt requested, directed to the respective party at the address set forth above. This Conttact shall be binding upon the part/es hereto, the/r heirs, successors, assigns and legal representatives. TIME IS OF THE ESSENCE OF THIS CONTRACT. NOTICE: ANY HOLDER OF THIS CONSUMER CREDIT CONTRACT IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH THE DEBTOR COULD ASSERT AGAINST THE SELLER OF GOODS OR SERVICES OBTAINED PURSUANT HERETO OR WITH THE PROCEEDS HEREOF. THE DEBTOR HEREUNDER. RECOVERY' HEREUNDER BY THE DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY NOTICE TO BUYER: (1) DO NOT SIGN THIS AGREEMENT BEFORE YOU READ IT OR IF IT CONTAINS ANY BLANK SPACE. (2) YOU ARE EN I fi'LED TO A COMt'LETELY 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 REF[~ID~THE FINANCE CHARGE. BUYER(S) ACKNOWLEigxG~L~~ RECEIVING A COMPr~'/-~r~ r-r~v OF BE LEGALLY BOLrND BY~T~t~I~.~ ............ ~ THIS CONTRACT AND INTEND(S) TO SVU ENTCOSIG R ---------------- DATE: Plan A DICKINSON COLLEGE 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 of this Complaint is that of counsel and not my own. I have read the document and to the extent that this Complaint is based upon information which I have g/ven 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. § 4904 relating to unswom falsification to authorities, which provides that ifI knowingly make false averments, I may be subject to criminal penalties. Dated: Dickinson College Assistant Treasurer of Dickinson College SHERIFF'S RETURN - CASE NO: 2003-02808 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DICKINSON COLLEGE VS YEARING DAVID ET AL OUT OF COUNTY R. Thomas Kline duly sworn according to law, and inquiry for the within named DEFENDANT , YEARLING DAVID E but was unable to locate Him in his bailiwick. deputized the sheriff of LACKAWAiflNA County, serve the within COMPLAINT & NOTICE , Sheriff or Deputy Sheriff who being says, that he made a diligent search and to wit: He therefore Pennsylvania, to On August 12th , 2003 , attached return from LACKAWANNA Sheriff's Costsi Docketing 18.00 Out of County 9.00 Surcharge 10.00 Dep Lackawanna Co 38.20 Notary 6.00 81.20 08/12/2003 MDW&O Sworn and subscribed to before me this ~-'~" day of ~,~3~ A.D. Prothonotary ' this office was in receipt of the Sheriff oR'z Th°masfK1c~erland County SHERIFF'S RETURN - CASE NO: 2003-02808 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DICKINSON COLLEGE VS YEARING DAVID ET AL OUT OF COUNTY R. Thomas Kline duly sworn according to law, and inquiry for the within named DEFENDANT , YEARLING DEBORAH B but was unable to locate Her in his bailiwick. deputized the sheriff of LACKAWAITNA County, serve the within COMPLAINT & NOTICE , Sheriff or Deputy Sheriff who being says, that he made a diligent search and to wit: He therefore Pennsylvania, to On August 12th , 2003 , attached return from LACKAWANNA Sheriff's Costs: Docketing 6.00 Out of County .00 Surcharge 10.00 .00 .00 16.00 08/12/2003 MDW&O Sworn and subscribed to before me this 2~( day of ~ ~ u-m-~ A.D. Prothonot a~y ' this office was in receipt of the R. Thomas Kline/ Sheriff of Cumberland County SHERIFF'S RETURN - CASE NO: 2003-02808 P COMMON-WEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DICKINSON COLLEGE VS YEARING DAVID ET AL OUT OF COUNTY R. Thomas Kline duly sworn according to law, and inquiry for the within named DEFENDANT , YEARING BRIAN D but was unable to locate Him in his bailiwick. deputized the sheriff of LACKAWAIgNA County, serve the within COMPLAINT & NOTICE , Sheriff or Deputy Sheriff who being says, that he made a diligent search and to wit: Ne therefore Pennsylvania, to On August 12th , 2003 , attached return from LACKAWANNA Sheriff's Costs: Docketing 6.00 Out of County .00 Surcharge 10.00 .00 .00 16.00 08/12/2003 MDW&O Sworn and subscribed to before me this ~ day of ~,,F,~- A.D. / ~ Prothonotary' this office was in receipt of the So answers: ~ ~ ~~ ~/~3 R. Thomas Kline Sheriff of Cumberland County In The Court of Common Pleas of Cumberland County, Pennsylvania Dickinson Colle§e - VS. David E. Yearin9 et al SERVE: David E. Yearin9 No. 03-2808 civil NOW, June 17, 2003 hereby deputize the Sheriff of Lackawanna deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA , I, SHERIFF OF CUMBERLAND COUNTY, PA, do · County to execute this Writ, this upon at by handing to a and made known to Affidavit of Service ,20 ,at o'clock M. served the copy of the original So answe~ the contents thereof. Sworn and subscribed before me this __ day of ,20 Sheriff of County, PA COSTS SERVICE MILEAGE AFFIDAVIT SHERIFF'S RETURN - REGULAR CASE NO: 2003-00302 T ~ COMMONWEALTH OF PEITNSYL~ANIA: COUNTY OF LACKAWANNA DICKINSON COLLEGE VS YEARING DAVID , DEBORAH , BRIAN JOHN SYMONIES , County, Pennsylvania, says, the within NOTICE AND COMPLAINT YEARING DAVID E. DEFENDANT , at 0003:30 Hour, on the at 1004 RICHMONT ST SCRANTON, PA HIM PERSONALLY AT 200 N a true and attested copy of NOTICE AND COMPLAINT Deputy Sheriff of Lackawanna County who being duly sworn according to law, was served upon 27th day of June by handing to WASHINGTON AVE SCRANTON PA the , 2003 together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 00 Service ~,,~ ~ .00 Affidavit ' .00 Surcharge .00 .00 .00 Sworn and Subscribed to before me this %~ day of NOTARIAL SEAL j FRANCES DI RIENZO, NOTARY PUBLIC ~ CITY OF' SCRANTON, LACKAWANN,~ COUNTY MY COMMISSIO.N ID(PIRES JULY 23, 2006 0~/~000 ~y Sheriff In The Court of Common Pleas of Cumberland County, Pennsylvania Dickinson College' VS. David E. Yearing et al SERVE: Deborah B. Yearing No. 03-2808 civil 7Now, June 17, 2003 hereby deputize the Sheriff of Lackawanna · deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA , I, SHERIFF OF CUMBERLAND COUNTY,.PA, do County to execute this Writ, this Affidavit of Service Now~ within ,20 ., at o'clock __ M. served the upon by handing to a and made known to copy of the original So answers, the contents thereof. Sworn and subscribed before me this day of ,20 Sheriff of County, PA COSTS SERVICE MILEAGE AFFIDAVIT SHERIFF'S RETURN - REGULAR CASE NO: 2003-00302 T COMMONWEALTH OF PENNSYLVANIA: COUNTY OF LACKAWANNA DICKINSON COLLEGE VS YEARING DAVID, DEBOIIAH, BRIAN JOHN SYMONIES County, Pennsylvania, who being duly sworn according to law, says, the within NOTICE AND COMPLAINT was served upon YEARING DEBOR3kH B. DEFENDANT , at 0003:30 Hour, on the 27th day of June at 1004 RICHMONT ST SCRANTON, PA DAVID YEARING AT 200 N a true and attested copy of NOTICE AND COMPLAINT , Deputy Sheriff of Lackawanna County the , 2003 by handing to WASHINGTON AVE SCRANTON PA together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge S~Tsn~ers: O0 O0 O0 0000 ~0~0000 ~ty Sheriff Sworn and Subscribed to before me this ~ day of NOTARIAL SEAL FRANCES DI RIENZO, NOTARY PUBLIC CITY OF SCRANTON, LACKAWANNA COUNTY MY COMMISSION EXPIRES JULY 23, 2006 In The Court of Common Pleas of Cumberland County, Pennsylvania Dickinson College' VS. David E. Yearing et al SERVE: Brian D. Yearing N0~ 03-2808 civil Now, June 17, 2003 hereby deputize the Sheriff of . Lackawanna deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA , I, SHERIFF OF CUMBERLAND COUNTY, PA, do County to execute this Writ, this Affidavit of Service Now, within ,20 , at o'clock __ M. served the upon by handing to a and made known to copy of the original So answers, the contents thereof. Sworn and subscribed before me this __ day of ,20 Sheriff of County, PA COSTS SERVICE MILEAGE AFFIDAVIT SHERIFF'S CASE NO: 2003-00302 T COMMONWEALTH OF PENNSYLVANIA: COUNTY OF LACKAWANNA DICKINSON COLLEGE VS YEARING DAVID,DEBORAH,BRIAN RETURN - REGULAR JOHN SYMONIES County, Pennsylvania, who being duly sworn according to law, says, the within NOTICE AND COMPLAINT was served upon YEARING BRIAN D, DEFENDANT , at. 0003:30 at 1004 RICHMONT ST SCRANTON, PA DAVID YEARING AT 200 N , Deputy Sheriff of Lackawanna County Hour, on the 27th day of June by handing to WASHINGTON AVE SCRANTON PA a true and attested copy of NOTICE AND COMPLAINT the , 2003 together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing .00 Service .00 Affidavit .00 Surcharge .00 .00 .00 Sworn and Subscribed to before me this ~ ~-~ day of , NOTARIAL SEAL FRANCES DI RIENZO, NOTARY PUBLIC CITY OF ,SCRANTON, LACKAWANNA COUNTY MY COMMISSION EXPIRES JULY 23, 2006 DICKINSON COLLEGE, Plaintiff DAVID and DEBORAH YEAR1NG, h/w, and BRIAN D. YEARING, Defendant 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-2808 CIVIL ACTION-LAW JURY TRIAL OF TWELVE DEMANDED PRAECIPE TO DISCONTINUE Plaintiff requests the above-captioned matter be discontinued without prejudice. M~RF~/~LLIAMS & OTTO ~D~_vi_d_R. Galloway, l~s~i~ I. D. Number 87326 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Date: November 6, 2003 Attorneys for Plaintiff CERTIFICATE OF SERVICE I, Marti Iben, an authorized agent for Martson DeardorffWilliams & Otto, hereby certify that a copy of the foregoing Praecipe was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Mr. David E. Yearing Mrs. Deborah Yearing Mr. Brian Yearing 1004 Richmont Street Scranton, PA 18509 MARTSON DEARDORFF WILLIAMS & OTTO By Marti Ib~n Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: November 6, 2003