Loading...
HomeMy WebLinkAbout03-3258F/FI LESkDATAFILEkDickm*on College 7619/DicklnsonCollegeCollection~7619C~Document si92 coml/jIh Created 3/17/03 9:25:57 PM Revved 7/9/03 3:21 04 .OM DICKINSON COLLEGE, Plaintiff JOSEPH BRAIDO, JR. JANE L. BRAIDO, h/w, and JEFFREY BRAIDO Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 0~, ' ,~,~-,,~8 CWIL 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: ~,/LIA1MS & I.D. No. 87326 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attomeys for Plaintiff OTTO DICKINSON COLLEGE, Plaintiff JOSEPH BRAIDO, JR., JANE L. BRAIDO, h/w, and JEFFREY BRAIDO 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, Joseph Braido, Jr. and Jane L. Braido, (hereinafter "Parents"), are adult individuals residing as husband and wife with a last known address of 2737 Tamlyrm Lane, Easton, Northampton County, Pennsylvania 18045. 3. Defendant, Jeffrey Braido, (hereinafter "Student"), is an adult individual with a last known address of is an adult individual with a last known address of 2916 Fischer Road, Easton, Northampton County, Pennsylvania 18045. 4. On or about August 11, 1988, Parents entered into an additional Promissory Note (Note #l) with Plaintiff for the £mancing of $4,000.00, plus interest, 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 11, 1989, Parents and Student entered into an additional Promissory Note (Note #2) with Plaintiff for the financing of $3,335.00, plus interest, 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 January 21, 1991, Parents and Student entered into a Promissory Note (Note #3) with Plaintiff for the financing of $3,420.00, plus interest, for educational services and benefits to Student at Plaintiff's institution. A copy of Note #3 is attached hereto as Exhibit "C." 7. On or about February24, 1992, Parents and Student entered into a PromissoryNote (Note g4) with Plaintiff for the financing of $9,000.00, plus interest, for educational services and benefits to Student at Plaintiff's institution. A copy of Note fi4 is attached hereto as Exhibit "D." 8. On or about February25, 1992, Parents and Student entered into aPromissoryNote (Note #5) with Plaintiff for the financing of $2,000.00, plus interest, for educational services and benefits to Student at Plaintiff's institution. A copy of Note #5 is attached hereto as Exhibit "E." The collective principal balance for Note #1, Note #2, Note #3, Note t~4 and Note #5 is $21,755.00. 10. Note #1, Note #2, Note #3, Note fi4 and Note #5 grant Plaintiffreasonable collection and attorneys' fees which Plaintiff has calculated to be $3,263.25. 11. As of June 5, 2003, the principal and interest due and payable by Parents and Student to Plaintiff was $44,190.80 with interest accruing thereafter at $3.54 per day. 12. Parents and Student stopped making monthly payments on Note #1, Note #2, Note #3, Note ~4 and Note #5 on or about May 25, 2001. 13. The outstanding balance of $44,190.80 represents the total and actual overdue value of the financing provided to Parents and Student under Note #1, Note #2, Note #3, Note #4 and Note #5 for which Parents and Student have yet to pay. 14. Plaintiff fulfilled, performed and complied with all obligations and conditions of Note #1 and Note #2. COUNT I BREACH OF CONTRACT Dickinson College v. Joseph Braido, Jr. & Jane L. Braido 15. Plaintiff hereby incorporates by reference the averments contained in Paragraphs 1 through 14 of this Complaint. 16. Parents breached the expressed and implied obligations, conditions and terms of agreement of Note #1, Note #2, Note #3, Note #4 and Note #5 by failing to pay the amounts financed therein. WHEREFORE, Plaintiffdemands judgment against Defendants, Joseph Braido, Jr. and Jane L. Braido, in the mount of $44,190.80, plus interest in the amount of $3.54 per day from June 5, 2003, collection and attorneys' fees in the amount of $3,263.25 and costs of suit. COUNT II BREACH OF CONTRACT Dickinson College v. Jeffrey Braido 17. Plaintiff hereby incorporates by reference the averments contained in Paragraphs 1 through 16 of this Complaint. 18. Student breached the expressed and implied obligations, conditions and terms of agreement of Note #2, Note #3, Note g4 and Note #5 by failing to pay the amounts financed therein. WHEREFORE, Plaintiff demands judgment against Defendant, Jeffi:ey Braido, in thc amount of $34,935.23, plus interest in thc amount of $3.01 per day from June 5, 2003, collectiun and attomeys' fees in the amount of $3,263.25 and costs of suit. COUNT HI IN QUANTUM MERUIT Dickinson College v. Jeffrey Braido 19. Plaintiff hereby incorporates by reference the averments contained in Paragraphs 1 through 18 of this Complaint. 20. Having requested Plaintiffto loan money, and doing so to the benefit of Student, Student became liable to Plaintiff for said money. 21. Student has been unjustly enriched by accepting said money without paying Plaintiff reasonable compensation therefor. 22. The total amount by which Student has become enriched is $44,190.80, plus interest in the amount of $3.54 per day f~om June 5, 2003. WHEREFORE, Plainfiffdemands judgment against Defendant, Jeffrey Braido, in the amount of $44,190.80, plus interest in the amount of $3.54 per day from June 5, 2003, collection and attomeys' fees in the amount of $3,263.25 and costs of suit. Date: 7/~/~ ~ MARTSON DEARDORFF LIAMS & OTTO DTvid R. Galloway ~ I.D. No. 87326 Ten East High Street Carlisle, PA 17013-3093 ~ (717) 243-3341 Attomeys for Plaintiff . ~ Exhibit A AUG 2 p~ 1988 DICKINSON COLLEGE FLEXIBLE FINANCING SYSTEM - 7000 PLAN EDUCATIONAL GOODS AND SERVICES RETAIL INSTALLMENT CONTRACT Date Auqust 11. 1988 I. Seller: Dickinson College, Carlisle, Pennsylvania 17013 Buyer(s): Joseph and Jane L. Braido 100 Wynnwood Lane E. Easton. PA 18042 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 Jeffrey (hereinafter "Student") during his/her enrollment at Dickinson Collage 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 PERCENTAGE RATE:* Cost of credit as yearly rate 9.997 FINANCE CHARGE: Dollar amount credit will cost Buyer $ 3,068.00 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 $ 7,068.00 TOTAL SALE PRICE: Total cost of purchase on credit, in- cluding down payment of $ 11,800.00 $ 15,800.00 EXHIBIT "A" Buyer's payment schedule will be as follows: Number of Payments 152 Amount of Payments $46.50 When Payments Are Due Mbnthly commencing 9/30/88 until 5/30/01 ~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 Wail 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 w±ll 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 $4,000.00 at 10.00 % per annum for152 months, and the prime rate plus 1% were iDcreased to11.00 %, your regular monthly payments would increase to $48.87 Further, the AAINUAL 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 ~ ADDITIONAL INFORMATION ABOUT NON- PAYMENT, DEFAULT AND REOUIRED REPAYMENT BEFORE THE SCHEDULED DATE FOR REPAYMENT OF THE AMOUNT FINANCED. -2- III. ITEMIZATION OF AMOUNT FINANCED i. Cash price of Goods ~nd Services: $ 15,800.00 2. Total down payment: 11,800.00 3. Unpaid balance of cash price (1 - 2): 4,000.00 4. Amount paid to others on Buyer's behalf: -0- 5. Amount Financed (3 + 4): $ 4,000.00 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 to pay Seller the Total Sale Price by making the total do~n 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 Fidelity Bank at the fo]lowing 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. 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 law. 9. This Contract shall be binding upon the parties hereto, their heirs, successors, assigns and legal representatives. 10. TIME IS OF THE ESSENCE OF THIS CONTRACT. NOTICE: ANY HOLDER OF THIS CONSUMER CREDIT CONTRACT IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH THE DEBTOR COULD ASSERT AGAINST THE SELLER OF GOODS OR SERVICES OBTAINED PURSUANT HERETO OR WITH THE PROCEEDS HEREOF. RECOVERY HEREUNDER BY THE DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR HEREUNDER. NOTICE TO BUYER: (1) DO NOT SIGN THIS AGREEMENT BEFORE YOU READ IT OR IF IT CONTAINS ANY BLANK SPACE. (2) YOU ARE ENTITLED TO A COMPLETELY FILLED-IN COPY OF THIS AGREEMENT. (3) UNDER THE LAW, YOU HAVE THE RIGHT TO PAY OFF IN ADVANCE -4- THE FULL AMOUNT DUE AND UNDER CERTAIN CONDITIONS TO OBTAIN A PARTI,~L REFUND OF THE FINANCE CHARGE. DATE: BUYER(S) ACKNOWLEDGE(S) RECEIVING A COMPLETED COPY OF THIS DICKINSON COLLEGE FOR DICKINSON COLLEGE USE ONLY For value received, Seller hereby sells, assigns, and transfers to Industrial Valley Bank and Trust Company all of Seller's rights, title and interest in this Educational Goods and Services Retail Installment Contract, with full recourse to Seller. This 29th day of. DICKINSON COLLEGE, BY: August , 19 88 Assistant Comptroller TITLE -5- Exhibit B DICKIN~ON CY)T ~T,]qYE }~L~XI]~ff~E F, INANCING ~?~,M - 7000 1~ 7 ~ O ~ fI)UCATIONAL C~I~ ~uND b~VIC~ kEIAIL INSI~UXfENT C~NY~CT ~3~t~ Date October 11, 1989 Seller: ]~uyer(s): Dickinson Coll~e, Carlisle, Pennsylvania 17013 Joseph and Jane t. Braid0 100 Wynnwo0d Lane E. Easton, PA 18042 If there is more than one ]~uyer, each of you will be obligated, jointly ar~ severally, for all s~ due ar~t for the f~erfonnance of all agreements as provided in this Contract. Under the tetras of this F_ducational Gc~ and Services Retail Ir~stallment Contract, you have agree<l to Day the e>,~Denses inctu-Ted for gc~xts and services to be provide~/ a~nd rendere~/, as the case may be, to Jeffrey Braid0 (hereinafter "Student") dtu-i~ his/qner er~ollment at Dickir~on Collie dttri~ the 1989-90 academic year, inclt~li~ tuition, room ~ kKk~z~J, h~oks and supplies as herein stated hereinafter the "C_~o<~Js ~ ~rvices"). and ~rvices shall include only tuition, room a~nd boa,rd. II. I~OF PA~94~ AND PAY~SC~ Disclosures Required by Federal Law ;%~NUAL PflRC~AGE Cost of credit as yearly rate FIb6!~NC7~ Q-iAI%SE: Dollar amo~nyt credit will cost' ]3uyer AMg/N-fFINYLNc~i): Amount of credit provided by Dickinson Collie 11.776 ~ $ 2,813.80 $ 3,335.00 TOTAL OF PAYS: Amount ~id by Buyer as total of all scheduled payments 6,148.80 TOTAL SALE PRICqE: Total cost of purchase on credit, c luding down payment of $13,965.00 17,300.00 EXHIBIT "B" Rev 9/89 Buyer's payment s~hedul'e will be as follows: N,~mher of Payments 140 Amount of Payments $43.92 When Payments are Due Monthly commencing 10/30/89 until 6/30/01 *Variable Rate: The AN~]AL PERCENTAGE RATEdisclosed 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 iR. The ANNUAL PERC~GE 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 al~ounts. If your cost of the Goods and Services sold hereunder were $ 2,335.~0 at 12.00 ~ per annum for 140 months, and the prime rate plus 1% were increased to 13.000%, your regular monthly payments would increase to $ 4B.Rg Further, the ANNUTLL PERCENTAGE RA/~ will not increase to more than 18~ or such other rate as may be permitted under the Pennsylvania Goods and Services Installment Sales Act. Late Chartje: If a payment is more than 15 days late, a sum equivalent to 5% of the late payment (but no more than $2.50 ~ not less than $1.00) may be charged, P~epayment: 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 BM OW FOR ANY ADDITIONAL INFORMATION ABOUT NON-PAYMENT, D~'AULT AND R~QUIRED REPAYMENT BEFORE THE SCHEDUT.~D DATE FOR REPAYMENT OF THE AMOUNT FINANCED. III. ITJ~IZATION OF AMOUNT FINANCED 1, 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): $ 17,300.00 13,965.00 3,335.00 $ 3,335.00 2 IV. CREDIT INSURANCE Credit life insurance for the term of this Contract is not required. THERE ARE NO WARRANTIES, EITHER EXPRES~Eu OR IMPLIED, GIVEN BY ~Lk"g IN CONNECTION WITH SALE OF THE GOODS AND ~RVICE~ COVERED BY THIS CONTRACT UNLESS BUYER HAS BEEN GIVEN A VI. ADDITIONAL PROVISIONS Buyer agrees to pay Seller the Total Sale Price by making the total down payment and payirg Seller the Total of Payments in the ~3mher 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, following address: Payments must be made to First Wachovia, Inc. at the 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 (w~th Seller's consent) to reinstate the Contract if Buyer timely cures any default. Buyer shall be deemed to have committed an "Event of Default" of the Contract upon the occurrence of any of the following: (a) failure to make any payment on or before the date it is due, (b) fa/lure 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 lk~yer's right to oire the default. /'he notice will provide the time, amount and performance necessary to cure the default. If Buyer does not cure the default as provided in the notice, Seller's rights shall include the right to declare all sums due on the Contract to be immediately due and payable. The Buyer agrees to pay all attorney's fees and other reasonable collection costs and chaises 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 assi_oT~nent Buyer shall be obligated to the Assignee of this Contract, which Assignee shall have all of Seller's right and remedies. If any part of this Contract is held to he illegal, void or unenforceable, that provision shall be deemed not to have been a part of this Contractj which shall otherwise remain full>, effective. 8. APPLICA~ I~W: /]mis Agreement, whenever called uDon to be construed, shall be gove~-ned by the domestic internal laws of the Commonwealth of Pennsylvania except to the extent supplemented, superseded or preempted by federal law. 9. CONSENT TO ~3RISDICTION. VENUE AND SERVICE: The parties to this Agreement consent and ag/~ee that all legal proceedings relating to the sLtbject matter hereof shall be maintained in the Court of Common Pleas of O,mherland County, Pennsylvania, or, if applicable, the United States District Cour~ 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 coui~t. Sel~vice of process in any ~lch proceeding may be ~k~de by certified mail, return receipt requested, directed to the r~spective 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 CRSDIT CON/~RACT IS SUBJECT TO AIL CLAIMS AND D~iNSES WHICH ~%{E DEBTOR COULD ASs~ AGAINST ~ SFLTRR OF GOODS OR SERVICES OBTAINED PURSUANT HERETO OR WITH ~ PROcF, F'.~]S H~F. RECOVERY H~]~ BY ~ D~STOR S~ NOT AMOUN~ PAID BY THE D~FFOR H~ER. NOTICE TO BUY~: (1) DO NOT SIGN THIS AGI~EF~ENT BEFORE YOU READ IT OR IF IT CONTAINS ANY 5~IJNNK SPACE. (2) YOU ~ ENTITI,EDTO A COMPL~i'kLY FITI.k~-IN COPY OFT HIS AGREe. (3) UNDSR//4ELAW, YOU HAVE/HE RIGHT TO PAYOFF IN ADVANCE THE FULL AMOUNT DUE AND UNDER CERTAIN CONDITIONS TO OBTAIN A PARTIAL RE~3ND OF //-IE FINANCE CHARGE. ~.5fER(S) A~<NOWLRJ~GE(S) RECEIVING A COMPL~irJ3 COPY OF THIS. CONTRACT AND INt'Pi~D(S) TO BE LEGALLY BOUND BY ITS lri~RS. ~f ,-n I AGREE TO P~EPAY ALL AMC~3NTS DUE ON /'HIS LOAN IF THE ~ORROWER(S)/BUYER(S) FAILS TO DO SO IN ACCORDANCE WITH THE TERMS OF THE NOTE: STUDENT COSIGNER ~~ DATE: DICKINSON COT ;F 4 Exhibit C DICKINSON COT .T.WrfE FLEXIRT.~ FINANCING SYSTS~ - 7000 PLAN EDUCATIONAL GCOI~S AND SERVICES RE£AIL INb'i~LTMENT CONTRACT Date January 21, 1991 Seller: Buyer(s): Dickinson College, Carlisle, Pennsylvania 17013 Joseph and Jane L. Braido 100 Winnwo0d bane £. Easton, PA 18042 If there is more than one Buyer. each of you will ]~ obligated, jointly and severally, for all s~ns due ar~l for the performance of all agreements as provided in this Contract. Under the terms of this Educational Goc~ and Services Retail Installment Contract, you have ag/~eed to pay the e>~penses intuit-red for gc~/s and services to he provided ~ rendered, as the case may be, to Jeffrey (hereinafter "Student") duu~i~ h/s/her erucollment at Dickinson College dLtring the 1990-91. academic year, inciudi~ tuition, room ~ board, k~ks and supplies as herein stated (hereinafter the "C~:~xLs ~ ~rvices"). /'ne Goc~Ls ~ Services shall include only tuition, room and II. IPg~/4S OF PAYMENT AN"D PAYMENT SC~JLE Disclosures Required by Federal Law A~rNUAL PERCt~GE RATE: * Cost of credit as yearly rate FI~[ANCE CHARGE: Do 11 ar amotnnt credit will cost' Buyer AMOJNT FIN;LNC~: Amount of credit provided by Dickinson College 10.781 % $ 2,265.40 $3,420.00 /ITFALOF PAYS: Amount paid by Buyer as total of all scheduled payments 5,685.40 TOTAL SALE PRICE: Total cost of purchase on credit, in- cludingdown payment of 15,210.00 18,630.00 EXHIBIT "C" Rev 9/89 Bt~yer's payment schedule will be as follows: Number of Payments 124 Amount of Payments $45.85 When Payments are Due Monthly commencing 1/28/91 until 5/28/01 *Variable Rate: The ANNUAL PERCENTAGE RATE disclosed above is a variable rate and may change. The ANNUAL PERCENTAGE RATE may increase during the term of this transaction if the prime rate of interest announced in the Wall Street Journal as of the close of business on June 30 of each calendar year increases, and will be increased to the prime rate plus iR. 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 $ 3420.00 at11.00 ~ per annum for 124 months, and the prime rate plus 1~ were increased to 12.00 ~. your regular monthly payments would increase to $47.77 ~t~ther, the ANNIfAL PERC~GE RATE will not increase to more than 18~ or such other rate as may be permitted ureter the Pennsylvania Goods and Services Installment Sales Act. Late Charge: If a payment is more than 15 days late, a sum equivalent to 5~ of the late payment (but no more than $2.50 ard not less than $1.00) may be charged. Prepayment: Buyer may prepay the unpaid balance of the Amount Financed and any FINANCE CHARGE due through the date of early payment, in full or in p~_wt, without penalty. SECTION VI OF THE CONTRACT BELOW FOR ANY ADDITIONAL INFORMATION ABOUT NON-PAYMENT, D~'AULT AND P~UIRED REPAYMENT BEFORE THE SCHEDUT.mD DATE FOR REPAYMENT OF THE AMOUNT FINANctD. III. i~I~IZATION OF AMOUNT FINANCED 1 Cash price of Goods and =' ' · ~e~lces: $ 18,630.00 =.~ Total down payment: 15,210.00 3. Unpaid balance of cash price (1 - 2): 3,420.00 4. Amount paid to others on Buyer's behalf: -0- 5. ~ount Financed (3 + 4): $ 3,420.00 IV. CREDIT INSUPJ~4CE C_~edit life instu'ance for the' term'of this Contract is not required. V, NO W 'ARP~TI~ THERE ARE NO W-ARRANTIE~, EtSP[ER E~PRESSED OR IMPLIED, GIVEN BY [~ I.~R IN CONNECTION WISH SAL~ OF 779E GOODS AND ~VICES COVERED BY ?HIS CON/~CT UNITS ~3YER HAS BRn~N GIVEN A 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 D~,mher ~ amotuPt of monthly payments shown in the Payment Schedule. the first payment date. fol lowing address: Payments are due on or before the same date of each month as Payments must be made to First Wachovia, Inc. at the First Wachovia, Inc. P.O. Box 70095 Charlotte, NC 282724095 2. Buyer's legal rights include the right to pay all or part of the amounts due on this Contract in advance of their due dates, to obtain a refund or credit of unearned Finance Charge whenever the amount is paid in full in advance, and {with Seller's consent) to reinstate the Contract if Buyer timely cures any default. Buyer shall be deemed to have committed an "Event of Default" of the Contract upon the occurrence of any of the following: (a) failure to make any payment on or before the date it is due, (b) failure to make a payment on any other Contract outstanding with Seller, (c) failure to perfor~ 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 ~k[yer's right to o~re the default. She notice will provide the time, amotmt 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 stu~s due on the Contract to be immediately due and payable. /he 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 ]De binding upon Seller if Seller should thereafter choose to exercise that or any other right or a similar Event of Default OCCtLT~S later. All Seller's rights and remedies shall be c~mulative. Seller's exercise of one or more rights shall not cause Seller to lose any other rights. 6. This Con,tact is freely assignable by S~ller. tk~er agrees that upon receiving notice of the assignment fk~yer shall be obligated to the Assignee of this Contract. which Assignee shall have all of Seller's right and remedies. 9 If any part of this Contract is held to be illegal, void or unenforceable, that provision shall be deem~l not to h~e 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 Pennsylvania except to the e>~ent supplemented, superseded or preempted by federal law. 9. CONSENT TO JURISDICTION, VENUE AND SERVICE: The parties to this A~-eement consent and agree that all legal proceedings relatinG to the subject matter hereof shall be maintained in the Court of Common Pleas of O,mherland County, Pennsylvania, or, if applic.mble, the United States District Court of the Middle District of Pennsylvania, and all parties hereto consent and agree that jt~isdiction and venue for such proceedir~s shall lie excbmsivel¥ within said court. Service of process in any ~lch 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 uDon the parties hereto, their heirs, successors, assigns and legal representatives. 11. TIME IS OF THEESSENCE OF THIS CONTRACT. NOTICE: ANY HOLDER OF THIS CONSUMER CREDIT CONTRACT IS SUBJECT TO ALL CLAIMS AND D~'hNSES WHICH THE DEBTOR COULD AS$~l AGAINST THE S~,T~ OF GCODS OR ~m~VICES OBTAINED PURSUANT HERETO OR WITH ~ PRCx.:~-:~':~ ~ HEREOF. RECOVERY H]SREUNDER BY THE DEBTOR SHALL NOT AMOUNTS PAID BY THE DEBTOR HEP~ER. NOTICE TO BUYER: (1) DO NOT SIGN THIS AGP~;~MENT BEFORE YOU READ IT OR IF IT CONTAINS ANY BLANK SPACE. (2) YOU ARE ENTITU.~D TO A COMPL~r~.'~.Y FIT3~D-IN COPy OF THIS AGRES)4ENT. (3) UNDER THE LAW, Y(~J HAVE THE RIGHT TO PAY OFF IN ADVANCE THE ~3LL AMOUNT DUE AND UNDER CERTAIN CONDITIONS TO OBTAIN A PARTIAL RE~]3ND OF THE FINANCE CHARGE. BJYER(S) AG~OWLED~E(S) RECEIVING A COMPT,~:ImU COPY OF THIS CONTRACT AND INi'END(S] TO BY ITS ~mmv~. BUYER(S): , DATE: DI~flNSON COT I,EGE 4 Exhibit DICKINSON COTf.F~E ~,k"YIBT.F FINANCING SYb'rh~ - ?000 PLAN EDUCATIONAL GOOD~ AND SE~VICS~ Rm'IAIL INST~T,TMENT CONTRACT Date February 24, 1992 Seller: Buyer(s): Dickinson College, Carlisle, Pennsylvania 17013 Joseph Braids, Jr. and Jane L. Braids 100 WvnnWood Lane E. Easton, PA 18042 If there is more than one Buyer. each of you will be obligated, jointly and severally. for all s~mm due and for the performance of all agreements as provided in this Contract. Ureter the terms of this Educational Goods and Services Retail Installment Contract~ you have agreed to pay the expenses incurred for goods and servicesto be provided and r~ndered, as the case may be, to Jeffrey Braids (hereinafter "Student") during his/her enrollment at Dickinson College during the academic year, including tuition, room and board, books and supplies as herein stated (hereinafter the "Goods and ~ervices"). The Goods and Services shall include only tuition, room and board. II. 'I~OF PAYMENT AND PAYMENT SCHSDULE Disclosures Required by Federal Law ANNUAL PERCENTAGE ~ATE:* Cost of credit as yearly rate FINANCE CHARGE: Dollar amount c~edi t will cost Buyer AMOUNT FINANch9: Amount of credit provided by Dickinson College TOTAL OF PAYMENTS: Amount paid by Buyer as total of all scheduled payments 9.50 % $4,559.57 $ 9.000.00 $ 13,559.57 TOTAL SALE PRICE: Total cost of purchase on credit, irr- c luding dow~ payment of $19.980.00 EXHIBIT "D" Rev 9/89 10. 11. 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 end 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 mall, return receipt requested, directed to the respective party at the address sst forth above. This Contract shall be binding upon the parties hereto, their heirs, successors, assigns and legal representatives. TIME IS OF THE ESSENCE OF THIS CONTRACT. 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 COMPETED COPY OF THIS CONTRACT AND TO BE LEGALLY BOUND BY.TERMS. /~ ~ INTEND(S) I AGREE TO REPAY ALL AMOUNTS DUE ON THIS LOAN IF THE BORROWER(S)/BUYER(S) FAILS TO DO SO IN ACCORDANCE WITH THE TERMS OF THE NOTE: STUDENT COSIGNER OF A STUDENT'S RECORD WILL NOT BE ~T.m~SED ZF LOAN PAYMENTS TO THE COT~.~GE AR~ IN ARREARS OR DEFAULT. DATE: DICKINSON COLLEGE 4 Exhibit E DICKINSON COLT.~'~E FLEXI · ~INANCIN~ S~-m4 - 2500 PLAN fI~JCATIONAL GOO[~ AND ~ICE~ F~AIL INST~T.~ OONTRACr Date February 25, 1992 Seller: Buyer(s): Dickinson College, Carlisle, Pennsylvania 17013 Joseph Braido, Jr. and Jane L. Braido 100 WFnwood Lane E. Easton, PA 18042 If there is more than one Buyer, each of you will be obligated, jointly end severally, for all ~]m~ 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 maybe, to Jeffrey Braido (hereinafter "Student") during his/her er~-ollment at DickinsonCollege during the 1991-92 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. Tk~SOF PAYM~NTAt~) PAYMENT SChEDULE Disclosures Required by Federal iaw ANNUAL ~ RATE: Cost of credit as yearly rate Prior to repay- ment: 11. 000 9& During i~pay- ment: 11.0009& FINANCE CHAISE: Dol tar Amount credit wi 11 cost Buyer AMOUNT FINANc~: Amount of credit ~rovided by Dickinson Col lege TOTAL OF PAYM~TfS: Amount paid by Buyer as total of all scheduled payments TOTAL SALE PRICE: Total cost of purchase on credit, in- cluding down payment of $ 17,980.00 855.88 $ 2,000.00 $ 2,855.00 $ 19,980.00 EXHIBIT "E" Rev 9/89 D_~yer 'g pa>~lient ._ech~lule wi 1 1 _be.. as fol lows: Numbe. r of ?ayments Amo~unt of Payments 3 $18.33 When Payments are Due monthly commencing 3-28-92 , and continuir~j until _5-28-92 or such time as Student is no longer enrolled at Dickinson {or in an approve~ full-time off-~pus proc3r~ of studies), ~nichever is earlier. 72 $38.06 monthly commencing 6-28-92 or such time as Student is no longer enrolled at Dickinson (or in an apptnoved full-time off-campus proc3r~ of studies), whichever' is earlier. h.~te charge: If a payment is more than 15 days late:, a sum equivalent to 59a of the late pa)anent (lm~t no more than $2.50 ar~l not less than $1.00) may k~ ch~ed. Buyer may prepay the unpaid balance of the Amount Financed and any FINANCE C?61]{GE due through the date of early payment, in full or in part, without pe. na 1 t y. III. IIY~IZATION OF A~ FINANC~ Cash price of G~ds ar~ ~er~zices: 19,980.00 Total cbwn pa},~ent: 17,980.00 Unpaid '>-_,lance of cash price 1 - 2): 2,000.00 a. ~mount paid t.o others on fk~yer's behalf: 5. hmo~mt Financed (3 + 4); $ 2,000.00 IV. CREDIT INSU~CTE Cr'{~dit life ir~su~-ance for the term of this Contract is not required. V. NO WAr~NTIE~ ~iEgE A~'E NO WAii'PA~rFi~. EI~DfliR EXPRESSED OR IMPLIED, GIVEN BY 5~F~,I,FR IN CONNECTION WlYM SAI~E OF THE C~330S AND SI~V!~ CjOV5~> BY THI'3 CONRT{ACT UNT.~ ffhqfR ~ BEEN GIV~ A ?~EPARATE WRNTEN WAP3~3~FPf. VI. ADD!~IO~,AL.PROVISIONS in the Payment Schedule. the first payment date. following address: 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 D,,m}4er and amount of monthly payments shown Payments are due on or before the same date of each month as Payments must be made to First Wachovia, Inc. at the First Wachovia, Inc. P.O. Box 70095 Charlotte, NC 28272-0095 2. ~yer'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 uneai~ned Finance Charge whenever the amot~t 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 Confract upon the occurrence of any of the following: (a) failure to make any payment on or before the date it is due, (b) failt~e to make a payment on any other Contract outstanding with Seller, (c) failure to perfor~n 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 E~ent 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 cu~e the default. The notice will provide the time, amount and perfolqnance necessa~ to o~re the default. If Buyer does not olre the default as provided in the notice, Seller's rights shall include the right to declare all stuns 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 necess~ 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 occur~ later. A]I 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 ~kssignee 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 p~ of this Contract, which shall otherwise remain fully effective. APPLICALRIJE 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. 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 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 rehed 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. Dickinson College Thomas Meyor~ ~ Assistant Treasurer of Dickinson College Dated: DICKINSON O~Z.~, . ' Plaintiff, : vs. ~%IDO, h/w, and NO. 03-3258 J~IY ~RIAL OF T%~LVE D~4A~D~D PRAECIPE FOR APPEARANCE TO: CLERK OF COURT Kindly enter my appearance on behalf of Defendants, JOSEPH BRAIDO, JR., JANE L. BRAIDO, husband/wife, and JEFFREY BRAIDO, in the above-captioned matter. CH aL .S H.- Attorney for Defendants 205 South Seventh Street Easton, Pa. 18042 (610) 258-0437 ID No. 07962 DATED: July 28, 2003 SHERIFF' S RETURN - CASE NO: 2003-03258 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERIJLND DICKINSON COLLEGE VS BRAIDO JOSEPH JR ET AL OUT OF COUNTY R. Thomas Kline duly sworn according to law, and inquiry for the within named DEFENDANT , BP~AIDO JOSEPH JR but was unable to locate Him in his bailiwick. deputized the sheriff of NORTHAMPTON 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 8th , 2003 , this office was in receipt of the attached return from NORTH~4PTON Sheriff's Costs: Docketing 18.00 Out of County 9.00 Surcharge 10.00 Dep Northampton Cc 98.00 .00 135.00 08/08/2003 MDW&O S~eriff of Cumberland County Sworn and subscribed to before me this 2¢~ day ~33 A.D. ! ' Proth6not a~y! SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2003-03258 P COMMONWEALTH OF PE~SYLVANIA: COUNTY OF CUMBERLAND DICKINSON COLLEGE VS BRAIDO JOSEPH JR ET AL R. Thomas Kline , duly sworn according to law, says, that he made a diligent and inquiry for the within named DEFENDANT , to wit: BRAIDO JANE L but was unable to locate Her in his bailiwick. deputized the sheriff of NORTHAMPTON County, serve the within COMPLAINT & NOTICE Sheriff or Deputy Sheriff who being search and He therefore Pennsylvania, to On August 8th , 2003 , this office was in receipt of the attached return from NORTHAMPTON Sheriff's Costs: Docketing 6.00 Out of County .00 Surcharge 10.00 .00 .00 16.00 08/08/2003 MDW&O So Sheriff of Cumberland County Sworn and subscribed to before me this ~% day of ~k~03 A.D. Prothonotary SHERIFF'S RETURN - CASE NO: 2003-03258 P COMMONWEALTH OF PE~SYLVANIA: COUNTY OF CUMBERLAND DICKINSON COLLEGE VS BRAIDO JOSEPH JR ET AL OUT OF COUNTY R. Thomas Kline duly sworn according to law, and inquiry for the within named DEFENDANT , to wit: BRAIDO JEFFREY but was unable to locate Him in his bailiwick. deputized the sheriff of NORTHAMPTON serve the within COMPLAINT & NOTICE , Sheriff or Deputy Sheriff who being says, that he made a diligent search and He therefore County, Pennsylvania, to On August 8th , 2003 , this office was in receipt of the attached return from NORTHAMPTON Sheriff's Costs: Docketing Out of County Surcharge 6.00 .00 10.00 .00 .00 16.00 08/08/2003 MDW&O So answers~c~ ~ ~ _~<~f R/Thomas K1 i n~ / Sheriff of Cumberland County Sworn and subscribed to before me this ~L~ day of ~.~3~ Prothonotary In The Court of Common Pleas of Cumberland County, Pennsylvania Dickinson Colleue Joseph Brai~'Jr. et al SERVE: s~ne No. 03-3258 civil NOW, July 11, 2003 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff 6f Dauphin County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Now, Ib~' t)u~j within upon _~ by handing to and made known to Sheriff of Cumberland County, PA~ Affidavit of Service ~: c r~ 20 o3 at i5'/~ o'clock M. s~?ect~tlec2 copy of the original the contents thereof. So answers, Sworn and subscribed before me this __ day of ,20 COSTS SERVICE MILEAGE AFFIDAVIT In The Court of Common Pleas of Cumberland County, Pennsylvania Dickinson College Joseph Brai~oS~Jr. et al SERVE: Jane L. Braido No. 03-3258 civil July 11, 2003 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff 6f Dauph in County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Affidavit of Service ,20/57_.~, at/D7b-- o'clock __ within upon '--~ r', ~__.. L_, by h~ding to ~A n ~ &- md made ~own to -~ 61 d~ (- copy of the original fO-Or-O{ the contents thereof. Sworn and subscribed before me this __ day of ,20 So answers~ COSTS SERVICE $ MILEAGE AFFIDAVIT In The Court of Common Pleas of Cumberland County, Pennsylvania Dickinson College Joseph Brai~oS'jr. et al SERVE: Jeffrey Braido No. 03-3258 civil }qOW, July 11, 2003 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff 6f Dauphin County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, Affidavit of Service Id- Now, within ~//~/ff]/~/r~/~ O] upon ~/~D by handing to ~ JU~'~,.~J and made known to O..]~?~c,'~ copy of the original So answers, o'clock the contents thereof. Sworn and subscribed before me this __ day of ,2O COSTS SERVICE MILEAGE AFFIDAVIT DICKiNSON COLLEGE, Plaintiff JOSEPH BRAIDO, JR. and JANE L. BRAIDO, Defendants iN THE COURT OF COMMON PLEAS OF NORTHAMPTON COUNTY, PENNSYLVANIA NO. O3-3258 CIVIL ACTION-LAW JURY TRIAL OF TWELVE DEMANDED PRAECIPE TO SETTLE, DISCONTINUE AND END Plaintiff requests the above-captioned matter be marked settled, discontinued and ended without prejudice. LIAMS & OTTO Ten East High Street ~ Carlisle, PA 17013 ~ (717) 243-3341 Date: November 24, 2003 Attorneys for Plaintiff _CERTIFICATE OF SERVICE I, Marti Iben, an authorized agent ofMartson 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: Charles H. Spaziani, Esquire Law Offices of Charles H. Spaziani 205 South Seventh Street Easton, PA 18042 Attorney for Defendant Ten East High Street Carlisle, PA 17013 (717) 243-3341 OTTO Dated: November 24, 2003