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Home My WebLink About03-3107DICKINSON COLLEGE, Plaintiff MAX SALSBURG, ROSLYN S. SALSBURG and BONNIE SALSBURG, a/k/a, BONNIE SALSBURG REAM Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03'. t07 t'o{ 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 Date: MARTSON DEARDOR/TF WILLIAMS & OTTO By ~'1~ .87G3al;~ w a~quir e~ Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff DICKINSON COLLEGE, Plaintiff MAX SALSBURG, ROSLYN S. SALSBURG and BONNIE SALSBURG, a/k/a BONNIE SALSBURG REAM Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 0~ ~to'/ 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, (hereinafter "Dickinson"), is a Pennsylvania educational institution with its principal offices located in Carlisle, Cumberland County, Pennsylvania 17013. 2. Defendants, Max and Roslyn S. Salsburg, (hereinafter "Parents") are adult individuals residing as husband and wife with a last known address of P.O. Box 1505, Kingston, Luzeme County, Pennsylvania 18704-0505. 3. Defendant Bonnie Salsburg, a/k/a Bonnie Salsburg Ream, (hereinafter "Student"), is an adult individual with a last known address of 1149 Fleming Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055. COUNT I BREACH OF CONTRACT Dickinson College v. Max Salsburg 4. On or about October 9, 1986, Parent, Max Salsburg, entered into a PromissoryNote (Note # 1 ) with Dickinson for the financing of $7,000.00, plus interest and costs by him for educational services and benefits provided to Student at Dickinson. A copy of Note #1 is attached hereto as Exhibit "A." 5. On or about December 18, 1987, Parent, Max Salsburg, entered into an additional Promissory Note (Note #2) with Dickinson for the financing of $7,000.00, plus interest and costs by him for educational services and benefits provided to Student at Dickinson. A copy of Note #2 is attached hereto as Exhibit "B." 6. On or about September 13, 1987, Parent, Max Salsburg, entered imo a Promissory Note (Note #3) with Dickinson for the financing of$6,615.00, plus interest and costs by him for educational services and benefits provided to Student at Dickinson. A copy of Note #3 is attached hereto as Exhibit The total collective principle balance for Note #1, Note #2 and Note #3 is $20,615.00. Note #1, Note #2, Note #3 grant Dickinson reasonable collection and attorneys' fees which Dickinson has calculated to be $3,092.25. 9. As of June 17, 2003, the principal and interest due and payable by Parent, Max Salsburg, to Dickinson was $12,969.34, plus interest accruing thereafter in the mount of $1.47 per day. 10. The outstanding balance of $12,969.34 represents the total and actual overdue value of the financing provided to Parent, Max Salsburg, under Note #1, Note #2 and Note #3 for which he has yet to pay. WHEREFORE, Dickinson demands judgment against Parent, Max Salsburg in the amount of $12,969.34, plus interest accruing in the amount of $1.47 per day from June 17, 2003, collection and attomeys' fees in the amount of $3,092.25 and costs of suit. COUNT II BREACH OF CONTRACT Dickinson College v. Roslyn Salsburg 11. Dickinson hereby incorporates by reference the averments contained in Paragraphs 1 through 10 of this Complaint. 12. On or about September 13, 1988, Parent, Roslyn Salsburg, entered into a PromissoryNote (Note #3) with Dickinson for the financing of$6,615.00, plus interest and costs by her for educational services and benefits provided to Student at Dickinson. A copy of Note #3 is attached hereto as Exhibit 13. Note #3 grant Dickinson reasonable collection and attomeys' fees which Dickinson has calculated to be $992.25. 14. As of June 17, 2003, the principal and interest due and payable by Parent, Roslyn S alsburg, to Dickinson was $4,150.19, plus interest accruing thereafter in the amount of $.47 per day. 15. As of June 17, 2003, the outstanding balance of $4,150.19 represents the total and actual overdue value of the financing provided to Parent, Roslyn Salsburg under Note #3 for which she has yet to pay. WHEREFORE, Dickinson demands judgment against Parent, Roslyn Salsburg, in the amount of $4,150.19, plus interest accruing in the amount of $.47 per day fi.om June 17, 2003, collection and attorneys' fees in the amount of $992.25 and costs of suit. COUNT III IN OUANTUM MER UIT Dickinson College v. Bonnie Salsbure, a/k/a Bonnie Salsburg Ream 16. Paragraphs 1 through 15 are incorporated herein by reference as if set forth in full. l 7. Because Dickinson loaned money to Student, to the benefit of Student, Student became liable to Dickinson for said money. 18. Student was unjustly enriched by accepting said money without paying Dickinson reasonable compensation therefor. 19. As of June 17, 2003, the total amount by which Student became enriched is $12,969.34 plus interest accruing thereafter at $1.47 per day. WHEREFORE, Dickinson demands judgment against Student Bonnie Salsburg, a/k/a Bonnie Salsburg Ream, in the amount of $12,969.34, plus interest accruing in the amount ors 1.47 per day from June 17, 2003 and attomey and collection fees in the amount of $3,092.25, and costs of suit. Date: BMARTSON Dff~IAMS & OTTO I.D. No. 87326 Ten East High Street Carlisle, PA 17013-3093 (717) 243-3341 Attorneys for Plaintiff Exhibit A DICKINSON COLLEGE FLEXIBLE FINANCING SYSTEM - 7000 PLAN EDUCATIONAL GOODS AND SERVICES RETAIL INSTALLMENT CONTRACT Date October 9, 1986 I. Seller: Dickinson College, Carlisle, Pennsylvania 17013 Buyer(s): Max Salsburg 74 Virginia Terrace Forty-Fort, PA 18704 If there is more than one Buyer, each of you will be obligated, jointly and severally, for all sums due and for the performance of all agreements as provided in this Contract. Under the terms of this Educational Goods and Services Retail Install- ment Contract, you have agreed to pay the expenses incurred for goods and services to be provided and rendered, as the case may be, to Bonnie (hereinafter "Student") during his/her enrollment at Dickinson College during the 1986-87 academic year, including tuition, room and board, books and supplies as herein stated (hereinafter the "Goods and Services"). The Goods and Services shall include only the following: Tuition, and room and board II. TERMS OF PAYMENT AND PAYMENT SCHEDULE Disclosures Required by Federal Law ANNUAL PERCENTAGE RATE:~ Cost of credit as yearly rate 9.499 %' FINANCE ' CHARGE: Dollar amount credit will cost Buyer $ 5,022.62 AMOUNT FINANCED: Amount of credit provided by Dickinson College $ 7,000.00 TOTAL OF PAYMENTS: Amount paid by Buyer as total of all scheduled payments $ 12,022.62 TOTAL SALE PRICE: Total cost of purchase on credit, in- cluding down payment of $ 6,350.00 $]3,~N.NN EXHIBIT "A" Buyer's payment schedule will be as follows: Number of Payments 151 Amount of Payments $79.62 When Payments Are Due Monthly commencing 10/30/86 until 5/30/99 *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 9.5 % per annum for 151 months, and the prime rate plus 1% were increased to 10.5 %, your regular monthly payments would increase to $ 83.71 Further, the ANNUAL PER- CENTAGE RATE will not increase to more than 18% or such other rate as may be permitted under the Pennsylvania Goods and Services Installment Sales Act. 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. -2- III. ITEMIZATION OF AMOUNT FINANCED i. Cash price of Goods and Services: 2. Total down payment: 3. Unpaid balance of cash price (1 - 2): 4. Amount paid to others on Buyer's behalf: 5. Amount Financed (3 + 4): $13,350.00 6,350.00 7,000.00 $ 7,000.00 IV. CREDIT INSURANCE Credit life insurance for the term of this Contract is not required. V. NO WARRANTIES THERE ARE NO WARRANTIES, EITHER EXPRESSED OR IMPLIED, GIVEN BY SELLER IN CONNECTION WITH SALE OF THE GOODS AND SERVICES COVERED BY THIS CONTRACT UNLESS BUYER HAS BEEN GIVEN A SEPARATE 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 pagment date. Payments must be made to Fidelity Bank at the follo~-lng address: Fidelity Bank 141Garrett Road Upper Darby, PA 19082 2. Buyer's legal ri~ts include the right to pay all or part of the amounts due on this Contract in advance of their due dates, to obtain a refund or credit of unearned Finance Charge whenever the amount is paid in full in advance, and (with Seller's consent) to reinstate the Contract if Buyer timely cures any default. 3. Buyer shall be deemed to have committed an "Event of Default" of the Contract upon the occurrence of any of the following: (a) failure to make any payment on or before the date it is due, (b) failure to make a payment on any other contract outstanding with Seller, -3- (c) failure to perform any other provision of the Contract, (d) providing Seller with false information or signatures, (e) death, incompetence, or conviction of any Buyer of crime in- volving fraud or dishonesty, (f) insolvency or bankruptcy of any Buyer. 4. Upon or after the occurrence of any Event of Default, Seller will provide Buyer with notice, by certified mail as required by law, addressed to Buyer's last known address as shown on Seller's records, advising Buyer of the default and of Buyer's right to cure the default. The notice will provide the time, amount and performance necessary to cure the default. If Buyer does not cure the default as provided in the notice, Seller's rights shall include the right to declare all sums due on the Contract to be immediately due and payable. 5. Waiver by Seller of any event of default shall not be binding upon Seller if Seller should thereafter choose to exercise that or any other right or a similar Event of Default occurs later. Ail Seller's rights and remedies shall be cumulative. Seller's exercise of one or more rights shall not cause Seller to lose any other rights. 6. This Contract is freely assignable by Seller. Buyer agrees that upon receiving notice of the assignment Buyer shall be obligated to the Assignee of this Contract, which Assignee shall have all of Seller's rights and remedies. 7. If any part of this Contract is held to be illegal, void or unenforceable, that provision shall be deemed not to have been a part of this Contract, which shall otherwise remain fully effective. 8. The laws of the Commonwealth of Pennsylvania shall apply to this Con- tract except to the extent supplemented, superseded or pre-empted by federal law. 9. This Contract shall be binding upon the parties hereto, their heirs, successor.s, assigns and legal representatives. 10. TIME IS OF THE ESSENCE OF THIS CONTRACT. NOTICE: ANY HOLDER OF THIS CONSUMER CREDIT CONTRACT IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH THE DEBTOR COULD ASSERT AGAINST THE SELLER OF GOODS OR SERVICES OBTAINED PURSUANT HERETO OR WITH THE PROCEEDS HEREOF. RECOVERY HEREUNDER BY THE DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY TItE DEBTOR HEREUNDER. NOTICE TO BUYER: (1) DO NOT SIGN THIS AGREEMENT BEFORE YOU READ IT OR IF IT CONTAINS ANY BLANK SPACE. (2) YOU ARE ENTITLED TO A COMPLETELY FILLED-IN COPY OF THIS AGREEMENT. (3) UNDER THE LAW, YOU HAVE THE RIGHT TO PAY OFF IN ADVANCE -4- THE FULL A~xIOUNT DUE AND UNDER CERTAIN CONDITIONS TO OBTAIN A PARTL~L REFUND OF THE FINANCE CHARGE. DATE: BUYER(S) ACKnOWLEDGE(S) RECEIVING A COMPLETED COPY OF THIS CONTRACT AND INT~J~.~O BE LEG~I~LY ~OUND BY ITS TERMS. DICKINSON COLLEGE FOR DICKINSON COLLEGE USE ONLY For value received, Seller hereby sells, assigns, and transfers to Fidelity Bank all of Seller's rights, title and interest in this Educational Goods and Services Retail Installment Gontract, with full recourse to Seller. This /7 dayo DICKINSON COLLEGE, BY: -5- Exhibit B DICKINSON COLLEGE FLEXIBLE FINANCING SYSTEM - 7000 PLAN EDUCATIONAL GOODS AND SERVICES RETAIL INSTALLMENT CONTRACT December 18, 1987 I. Seller: Dickinson College, Carlisle, Pennsylvania 17013 Buyer(s): Mr. Max M. Salsburg 74 Virginia Terrace Forty-Fort, PA 18704 If there is more than one Buyer, each of you will be obligated, jointly and severally, for all sums due and for the performance of all agreements as provided in this Contract. Under the terms of this Educational Goods and Services Retail Install- ment Contract, you have agreed to pay the expenses incurred for goods and services to be provided and rendered, as the case may be, to Bonnie Salsburq (hereinafter "Student") during his/her enrollment at Dickinson College during the 1987-88 academic year, including tuition, room and board, books and supplies as herein stated (hereinafter the "Goods and Services"). The Goods and Services shall include only the following: Tuition and room and board II. TERMS OF PAYMENT AND PAYMENT SCHEDULE Disclosures Required by Federal Law ANNUAL PERCENTAGE RATE:* Cost of credit as yearly rate 9.250 % FINANCE CHARGE: Dollar amount credit will cost Buyer $ 4,323.36 AMOUNT FINANCED: Amount of credit provided by Dickinson College $ 7,000.00 TOTAL OF TOTAL SALE PAYMENTS: PRICE: Amount paid Total cost of by Buyer as purchase on total of all credit, in- scheduled cluding down payments payment of $ 7,650.00 $ 11,323.36 $ 14,550.00 . EXHIBIT "B" Buyer's payment schedule will be as follows: Number of Payments Amount of Payments $83.28 When Payments Are Due Monthly commencing 1/31/88 until 5/30/99 *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 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 $ 7.000.00 at 9.25 % per annum for 13~ months, and the prime rate plus 1% were iBcreased to 10.25 %, your regular monthly payments would increase to $ 87.22 Further, the ANNUAL PER- CENTAGE RATE will not increase to more than 18% or such other rate as may be permitted under the Pennsylvania Goods and Services Installment Sales Act. 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 $i.00) may be charged. Buyer may prepay the unpaid balance of ~he 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- PAYbfENT, DEFAULT AND REQUIHED REPAYMENT BEFORE THE SCHEDULED DATE FOR REPAYMENT OF THE AMOUNT FINANCED. -2- 2. 3. 4. 5. III. ITEMIZATION OF AMOUNT FINANCED Cash price of Goods ~nd Services: $ 14,650.00 Total down payment: 7,650.00 Unpaid balance of cash price (1 - 2): 7,000.00 Amount paid to others on Buyer's behalf: Amount Financed (3 + 4): $ 7~000.00 IV. CREDIT INSUP. ANCE 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 :o 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 Fide]ity Bank at the fo]]owin§ address: Fidelity Bank 141Garrett Road Upper Darby, PA 19082 2'. Buyer's legal rights include the right to pay all or part of the amounts due on this Contract in advance of their due dates, to obtain a refund or credit of unearned Finance Charge whenever the amount is paid in full in advance, and (with Seller's consent) to reinstate the Contract if Buyer timely cures any default. 3. Buyer shall be deemed to have committed an "Event of Default" of the Contract upon the occurrence of any of the following: (a) failure to make any payment on or before the date it is due, (b) failure to make a payment on any other contract outstanding with Seller, -3- (c) failure to perform any other provision of the Contract, (d) providing Seller with false information or signatures, (e) death, incompetence, or conviction of any Buyer of crime in- volving fraud or dishonesty, (f) insolvency or bankruptcy of any Buyer. 4. Upon or after the occurrence of any Event of Default, Seller will provide Buyer with notice, by certified mail as required by law, addressed to Buyer's last known address as shown on Seller's records, advising Buyer of the default and of Buyer's right to cure the default. The notice will provide the time, amount and performance necessary to cure the default. If Buyer does not cure the default as provided in the notice, Seller's rights shall include the right to declare all sums due on the Contract to be immediately due and payable. 5. Waiver by Seller of any event of default shall not be binding upon Seller if Seller should thereafter choose to exercise that or any other right or a similar Event of Default occurs later. All Seller's rights and remedies shall be cumulative. Seller's exercise of one or more rights shall not cause Seller to lose any other rights. 6. This Contract is freely assignable by Seller. Buyer agrees that upon receiving notice of the assignment Buyer shall be obligated'to the Assignee' of this Contract, which Assignee shall have all of Seller's rights and remedies. 7. If any part of this Contract is held to be illegal, void or unenfOrgeable, that provision shall be deemed not to have been a part of this Contract, which shall otherwise remain fully effective. 8. The laws of the Commonwealth of Pennsylvania shall apply to this Con- tract except to the exten~ supplemented, superseded' or pre-empted by federal law. 9. This Contract shall be binding upon the parties hereto, their heirs, successors, assigns and legal representatives. 10. TIME IS OF THE ESSENCE OF THIS CONTRACT. NOTICE: ANY HOLDER OF THIS CONSUMER CREDIT CONTRACT IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH THE DEBTOR COULD ASSERT AGAINST TIlE SELLER OF GOODS OR SERVICES OBTAINED PURSUANT H~RET0 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) YOUARE ENTITLED TO A COMPLETELY FILLED-IN COPY OF THIS AGREEMENT~ (3) UNDER THE LAW, YOU HAVE THE RIGHT TO PAY OFF IN ADVANCE -4- DATE: THE FULL AMOUNT DUE AND UNDER CERTAIN CONDITIONS TO OBTAIN A PARTL~L REFUND OF THE FINANCE CHARGE. DICKINSON COLLEGE FOR DICKINSON COLLEGE USE ONLY For value received, Seller hereby sells, assigns, and transfers to Fidelity Bank all of Seller's rights, title and iaterest in this Educational Goods and Services ~eta±l Installment Comtract, with full recourse to Seller. This //~ day of DICKINSON COLLEGE, BY: -5- Exhibit C DICKINSON COLLEGE FLEXIBLE FINANCING SYSTEM - 7000 PLAN EDUCATIONAL GOODS AND SERVICES RETAIL INSTALLMENT CONTRACT Date September 13, 1988 I. Seller: Dickinson College, Carlisle, Pennsylvania 17013 Buyer(s): Max M. and Roslyn S. Salsburg 74 Virginia Terrace Forty Fort, PA 18704 If there is more than one Buyer, each of you will be obligated, jointly and severally, for all sums due and for the performance of all agreements as provided in this Contract. Under the terms of this Educational Goods and Services Retail Install- ment Contract, you have agreed to pay the exp~nses incurred for goods and services to be provided and rendered, as the case may be, to Bonnie (hereinafter "Student") during his/her enrollment at Dickinson College during the 1988-89 academic year, including tuition, room and board, books and supplies as herein stated (hereinafter the "Goods and Services"). The Goods and Services shall include only the following: Tuition, room and board II. TERMS OF PAYMENT AND PAYMENT SCHEDULE Disclosures Required by Federal Law ANNUAL FINANCE PERCENTAGE CHARGE: RATE:* Dollar amount Cost of credit credit will as yearly rate cost Buyer 9.998 % $ 4,167.72 AMOUNT FINANCED: Amount of credit provided by Dickinson College $ 6,615.00 TOTAL OF PAYMENTS: Amount paid by Buyer as total of all scheduled payments $10,782.72 TOTAL SALE PRICE: Total cost of purchase on credit, in- cluding down payment of $ 9,185.00 $ 15,800.00 EXHIBIT "C" Buyer's payment schedule will be as follows: Number of Payments 128 Amount of Payments $84.24 When Payments Are Due Monthly commencing 9/30/88 until 5/30/99 *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 pr/me 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 a~d Services sold hereunder were $ 6615.00 a=~0.00 % per annum for 128 months, and the prime rate plus 1% were iDcreased to 11.0~, your regular monthly payments would increase to $ 88.00 Further, the ANNUAL PER- CENTAGE RATE will not increase to more than 18% or such other rate as may be permitted under the Pennsylvania Goods and Services Installment Sales Act. If a payment is more than 15 days late, a sum equivalen= 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. -2- 2. 3. 4. 5. III. ITEMIZATION OF AMOUNT FINANCED Cash price of Goods ~nd Services: $ 15,800.00 Total down payment: 9,185.00 Unpaid balance of cash price (1 - 2): 6,615.00 Amount paid to others on Buyer's behalf: -0- Amount Financed (3 + 4): $ 6,615.00 IV. CREDIT INSURANCE Credit life insurance for the term of this Contract is not required. V. NO WARP, ANTIES 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 P~%S BEEN GIVEN A sEpARATE WRITTE~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 im 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 Fidelity Bank at the fo]lowing address: Fidelity Bank 141Garrett Road Upper Darby, PA 19082 2'. Buyer's legal tights include the right to pay all or part of the amounts due on this Contract in advance of their due daces, to obtain a refund or credit of unearned Finande 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 ~ke a payment on any other contract outstanding wi~h Seller, -3- (c) failure to perform any other provision of the Contract, (d) providing Seller with false information or signatures, (e) death, incompetence, or conviction of any Buyer of crime in- volving fraud or dishonesty, (f) insolvency or bankruptcy of any Buyer. 4. Upon or after the occurrence of any Event of Default, Seller will provide Buyer with notice, by certified mail as required by law, addressed to Buyer's last known address as shown on Seller's records, advising Buyer of the default and of Buyer's right to cure the default. The notice will provide the time, amount and performance necessary to cure the default. If Buyer does not cure the default as provided in the notice, Seller's rights shall include the right to declare all sums due on the Contract to be immediately due and payable. 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. Ail Seller's rights and remedies shall be cumulative. Seller's exercise of one or more rights shall not cause Seller to lose any other rights. 6. This Contract is freely assignable by Sellerz Buyer agrees that upon receiving notice of the assignment Buyer shall be obligated to the Assignee of this Contract, which Assignee shall have all of Seller's rights and remedies. 7, If any part of this Contract is held to be illegal, void or unenforceable, that provision shall be deemed not to have been a part of this Contract, which shall otherwise remain fully effective. 8, The laws of the Commonwealth of Pennsylvania shall apply to this Con- tract except to the extent supplemented, superseded or pre-empted by federal la~ 9. This Contract shall be binding upon the parties hereto, their heirs, successors, assigns and legal representatives. 10. TIME IS OF THE ESSENCE OF THIS CONTRACT. NOTICE: ANY HOLDER OF THIS CONSUMER CREDIT CONTRACT IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH THE DEBTOR COULD ASSERT AGAINST THE SELLER OF GOODS OR SERVICES OBTAINED PURSUANT HERETO OR WITH THE PROCEEDS HEREOF. RECOVERY HEREUNDER BY THE DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR HEREUNDER. NOTICE TO BUYER: (1) DO NOT SIGN THIS AGREEMENT BEFORE YOU READ IT OR IF IT CONTAINS ANY BLANK SPACE. (2) YOU ARE ENTITLED TO A COMPLETELY FILLED-IN COPY OF THIS AGREEMENT. (3) UNDER THE LAW, YOU HAVE THE RIGHT TO PAY OFF IN ADVANCE -4- THE FULL A~MOUNT DUE AND UNDER CERTAIN CONDITIONS TO OBTAIN A PARTL~L REFUND OF THE FINANCE CHARGE. DATE: BUYER(S) ACKNOWLEDGE(S) RECEIVING A COMPLETED COPY OF THIS FOR DICKINSON COLLEGE USE ONLY For value received, Seller hereby sells, assigns, and transfers to Fidelity Bank all of Seller's rights, title and interest in this Educational Goods and Services ~etail Installment Contract, with full recourse to Seller. This 23rd day of DICKINSON COLLEGE, BY: September , 19 Assistant CB~ptrol l er TITLE 88 -5- 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 th/s Complaint is based upon information which I have given to my counsel, it is tree and correct and to the best of my knowledge, information and belief. To the extent that the content of this Complaint is that of counsel, I have relied upon counsel in making this Verification. This statement and Verification are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unswom falsification to authorities, which provides that ifI knowingly make false averments, I may be subject to criminal penalties. Dated: Dickinson College son College '~ECEIVE~ JUN 2 6 200~ SHERIFF'S CASE NO: 2003-03107 P COMMONWEALTH OF PENNSYLVkNIA: COLrNTY OF CUMBERLAND DICKINSON COLLEGE VS SALSBURG MAX ET AL RETURN - OUT OF COUNTY Thomas Kline duly sworn according to law, says, that he made a diligent and inquiry for the within named DEFENDANT , to wit: , Sheriff or Deputy Sheriff who being search and SALSBURG MAX but was unable to locate Him deputized the sheriff of LUZERNE serve in his bailiwick. County, the within COMPLAINT & NOTICE He therefore Pennsylvania, to On July 14th , 2003 attached return from LUZERNE Sheriff's Costs: Docketing Out of County Surcharge Dep Luzerne Co 18.00 9.0.0 10.00 31.00 .00 68.00 07/14/2003 MDW&O Sworn and subscribed to before me this L ~ day of ~ A.D. Prothonotary' this office was in receipt of the So answers. /_~ /~-~ Kline Sheriff of Cumberland County SHERIFF'S RETURN CASE NO: 2003-03107 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DICKINSON COLLEGE VS SALSBURG MAX ET AL - OUT OF COUNTY R. Thomas Kline , duly sworn according to law, says, that he made and inquiry for the within named DEFENDANT SALSBURG ROSLYN S but was unable to locate Her deputized the sheriff of LUZEP-NE serve the within COMPLAINT Sheriff or Deputy Sheriff who being a diligent search and , to wit: in his bailiwick. County, & NOTICE He therefore Pennsylvania, to On July 14th , 2003 attached return from LUZERNE Sheriff's Costs: Docketing Out of County Surcharge 6.00 .00 10.00 .00 .00 16.00 07/14/2003 MDW&O Sworn and subscribed to before me this G~ day of O~/~ ~o~ A.D. Prothonotar~ ' this office was in receipt of the R~ Thomas Kline Sheriff of Cumberland County SHERIFF'S RETURN - CASE NO: 2003-03107 P COMMONWEALTH OF PENNSYLVANIA: COLrNTY OF CUMBERLAND DICKINSON COLLEGE VS SALSBURG MAX ET AL REGULAR GERALD WORTHINGTON , Cumberland County, Pennsylvania, says, the within COMPLAINT & NOTICE was served upon SALSBURG BONNIE AKA BONNIE SALZBURG REAM DEFENDANT , at 2040:00 HOURS, on the 10th day of July at 1149 FLEMING DRIVE MECHANICSBURG, PA 17055 by handing to BONNIE REAM a true and attested copy of COMPLAINT & NOTICE Sheriff or Deputy Sheriff of who being duly sworn according to law, the , 2003 together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service 6.90 Affidavit .00 Surcharge 10.00 .00 22.90 Sworn and Subscribed to before me this [, ~ day of rot o~ A.D. honorary So Answers: R. Thomas Kline 07/14/2003 MDW&O ' · Dep6~ty she~ff ~n The Court of Common Pleas of Cumberland County, Pennsylvania Dickinson College VS. Max Salsburg et al SERVE: 03-3107 civil Roslyn S. Salsburg No. NOW, July 7, 2003 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Luzerne County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriffof Cumberland County, PA Affidavit of Service ~N~OW, TOKSDAY, JULY 8 ,29 03 ,at2:50 within NOIICE AND COMPLAII~ o'clock M. served the Hpon ROSLYN SALSBURG at ~EK RESIDENCE, 139 LATH~OP, STREW, KINGSTON, by handing to ~ Pm~sos^u.Y a and made known to copy of the original the contents thereof. Sworn and subscribed before ,20O3 So answers, COSTS SERVICE $ ~EAGE ~FIDA~T $ 31.00 'In The Court of Common Pleas of Cnmberland County, Pennsylvania Dickinson College VS. Max Salsburg et al SERVE: Max Salsburg · 03-3107 civil No. ]"~OW, July 7, 2003 hereby deputize the Sheriff of Luzerne deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland Count3,, PA , I, SHERIFF OF CUMBERLAND COUNTY, PA, do County to execute this Writ, this Affidavit of Service Now, 'ru~.SBAY, JULY 8 within NOTICE AND COl~Pl.lIlfr ,20 03 , at2:50 o'clock p. M. served the upon by handing to ROSL~q~ 8tI.$11~llG - 1ti$ WII~ a and made known to copy of the original the contents thereof. Sworn and subscribed before methiA 911t day;~ ,20 03 So answers, COSTS SERVICE $ MILEAGE AFFIDAVIT County, PA $ 31.00 SHERIFF'S RETURN - ~ASE NO: 2003-03107 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DICKINSON COLLEGE VS SALSBURG MAX ET AL REGULAR GERALD WORTHINGTON , Cumberland County, Pennsylvania, says, the within COMPLAINT & NOTICE was served upon SALSBURG BONNIE AKA BONNIE SALZBURG REA/~ DEFENDANT , at 2040:00 HOURS, on the 10th day of July at 1149 FLEMING DRIVE MECHANICSBURG, PA 17055 by handing to BONNIE REAM a true and attested copy of COMPLAINT & NOTICE Sheriff or Deputy Sheriff of who being duly sworn according to law, the , 2003 together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service 6.90 Affidavit .00 Surcharge 10.00 .00 22.90 Sworn and Subscribed to before me this day of A.D. So Answers: R. Thomas Kline 07/14/2003 MDW&O By: Dep~y sh~ff Prothonotary DICKINSON COLLEGE, Plaintiff MAX SALSBURG, ROSLYN S. SALSBURG and BONNIE SALSBURG, a/kJa, BONNIE SALSBURG REAM Defendants : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-3107 CIVIL ACTION-LAW JURY TRIAL OF TWELVE DEMANDED pRAECIPE TO SETTLE, DISCONTINUE & END_ TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please mark the above-captioned case settled, discontinued, satisfied and ended and issue a certificate reflecting same. MARTSON DEARD~::F~ F WILLIAMS By t_ David R. Galloway, Esrlm're I I.D. Number 87326 \ Ten East High Street Carlisle, PA 17013-3093 (717) 243-3341 & OTTO Attorneys for Plaintiff Date: November 25, 2003 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: Joseph E. Kluger, Esquire HOURIGAN, KLUGER & QUINN 600 Third Avenue Kingston, PA 18704-5815 MARTSON DEARDORFF WILLIAMS & OTTO Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: November 25, 2003