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HomeMy WebLinkAbout03-3686DICKINSON COLLEGE, Plaintiff CHARLINE M. BERMUDEZ and ISABEL BAUZA BASTARD, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03' 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 Dated: MARTSON DEARDOTF ~ff~AMS & OTTO B y~ David R. Galloway~, Esquire I. D. Number 87326 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff DICKINSON COLLEGE, Plaintiff CHARL1NE M. BERMUDEZ and ISABEL BAUZA BASTARD, Defendants : 1N THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. O.~-~6 CIVIL ACTION-LAW JURY TRIAL OF TWELVE DEMANDED COMPLAINT AND NOW, comes Plaintiff, Dickinson College, by and through its attorneys, Martson Deardorff Williams & Otto, and hereby avers as follows: 1. PlaimiffDickinson College, (hereinafter"Dickinson"), is a Pennsylvania educational institution with its principal offices located in Carlisle, Cumberland County, Pennsylvania 17013. 2. Defendant Charline M. Bermudez, (hereinafter "Student"), is an adult individual whose last known address Cond. Lago Vista II, Boulevard Mo #269, Levittown, Toa Baja, Puerto Rico 00949. 3. Defendant Isabel Bauza Bastard, (hereinafter "Aunt"), is an adult individual whose last known address is Paseo Damasco 1069, Levittown, Puerto Rico 00949. 4. Student is currently or was enrolled at Dickinson. COUNT I BREACH OF CONTRACT Dickinson College v. Isabel Bauza Bastard & Charline M. Bermudez 5. Dickinson hereby incorporates by reference the averments contained in Paragraphs 1 through 4 of this Complaint. 6. On or about September 11, 2000, Aunt and Student entered into a Promissory Note (Note #1) with Dickinson for the financing of $9,850.00, plus interest, for educational services and benefits to Student at Dickinson. A copy of Note #1 is attached hereto as Exhibit "A." 7. On or about September 11, 2000, Aunt and Student entered into an Additional Promissory Note (Note #2) with Dickinson for the financing of $11,340.29, plus interest, for educational services and benefits to Student at Dickinson. A copy of Note #2 is attached hereto as Exhibit "B." 8. The total collective outstanding principal balance for Note #1 and Note #2 is $21,190.29. 9. Note gl and Note g2 grant Dickinson reasonable attorneys' and collection fees which Dickinson has calculated to be $3,178.54. 10. As of June 20, 2003, the outstanding balance due and payable by Aunt and Student to Dickinson was $22,879.89 plus interest accruing thereafter at $3.21 per day, attorney and collection fees in the amount of $3,178.54 and costs of suit. 11. The outstanding balance of $22,879.89 represents the total and actual overdue of the financing provided to Aunt and Student under Note gl and Note g2 for those educational services provided to Student for which Aunt has yet to pay. 12. Dickinson fulfilled, performed and complied with all obligations and conditions of Note gl and Note g2. WHEREFORE, Dickinson demands judgment against Aunt and Student in the amount of $22,879.89 plus interest accruing thereafter at $3.21 per day, attorney and collection fees in the amount of $3,178.54 and costs of suit. COUNT II BREACH OF CONTRACT Dickinson College v. Charline M. Bermudez 13. Dickinson hereby incorporates by reference the averments contained in Paragraphs 1 through 12 of this Complaint. 14. Student opened a Student Receivables account (hereinafter "Account") with Dickinson to pay tuition, books, dining service fees and other educational expenses. A true and correct copy of Note gl is incorporated by reference and attached as Exhibit "C." 15. Student, by opening the Account and using the goods and services provided by Dickinson, agreed to pay Dickinson for all charges made to the Account. 16. The terms of repayment of the Account require Student to pay the balance fourteen (14) days before the beginning of each semester. 17. Student breached the expressed and implied obligations, conditions and terms of agreement of the Account by failing to pay the amounts financed therein and breached the expressed and implied obligations, conditions and terms of the Account by failing to pay the amounts stated therein. 18. As of June 20, 2003, the Account balance due and payable by Student to Dickinson for those educational services was $2,944.87. 19. Dickinson fulfilled, performed and complied with all obligations and conditions of the Account. WHEREFORE, Dickinson demands judgment against Student in the amount of $2,944,87 plus interest accruing from date of judgment, attorney and collection fees and costs of suit. COUNT III IN 0 UANTUM MER UI T Dickinson College v. Charline M. Bermudez In the alternative, if this Honorable Court should determine that an express contract between Dickinson and Charline M. Bermudez does not exist, which is denied, Dickinson pleads the Paragraphs 1 through 19 are incorporated herein by reference as if set forth in full. 21. Because Dickinson loaned money to Student under Note #1, Note #2 and the Account, to the benefit of Student, Student became liable to Dickinson for said money. 22. Student was unjustly enriched by accepting said money without paying Dickinson reasonable compensation therefor. 23. As of June 20, 2003, the total amount by which Student became enriched was $25,824.76 plus interest accruing thereafter in the amount of $3.21 per day. 24. Dickinson demanded payment of the above sums but Student failed and refused to do so. WHEREFORE, Dickinson demands judgment against Student in the amount of $25,824.76 plus interest accruing at $3.21 per day from June 20, 2003, attorney and collection fees in the amount of $3,178.54 and costs of suit. David R. Galloway, Esquire I. D. Number 87326 Ten East High Street ] Carlisle, PA 17013 (717) 243-3341 Date: ?/~/~S Attorneys for Plaintiff following: 20. DICKINSON COLLEGE FLEXIBLE FINANCING SYSTEM - PLAN B EDUCATIONAL GOODS AND SERVICES RETAIL INSTALLMENT CONTRACT September 11, 2000 I. Seller: Dickinson College, Carlisle, Pennsylvania 17013-2896 Buyer(s): Isabel Bauza Bastard Paseo Damasco 1069 Levittown, PR 00949 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 Charline Bermudez (hereinafter "Student") during his/her enrollment at Dickinson College during the 2000-2001 academic year, including tuition, room and board, books and supplies as herein stated (collectively the "Goods and Services"). II. TERMS OF PAYMENT AND PAYMENT SCHEDULE Disclosures Required by Federal Law ANNUAL FINANCE AMOUNT TOTAL OF TOTAL SALE PERCENTAGE CHARGE: FINANCED: PAYMENTS: PRICE: RATE:* Dollar amount Amount of credit Amount paid by Total cost of Cost of credit as yearly credit will provided by Buyer as total purchase on rate cost buyer Dickinson College of all scheduled credit, including payments down payment of 10.50% $6,563.44 $9,850.00 $16,413.44 $30,900.00 $21,050.00 Rev 07/00 EXHIBIT "A" Number of Payments 128 *Variable Rate: Late Charge: Prepayment: Bermudez Buyer's payment schedule will be as follows: Amount of Payments When Payments are Due $128.23 Monthly, commencing 09/28/00 until 05/28/11 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 $6,116.27 at 8.75% per annum for 116 months and the prime rate plus 1% were increased to 9.75%, your regular monthly payments would increase to $81.62. 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 A_MOUNT 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. II1. ITEMIZATION OF AMOUNT FINANCED Cash price of Goods and Services: $30,900.00 Total down payment: $21,050.00 Unpaid balance of cash price (1 - 2): $9,850.00 Amount paid to others on Buyer's behalf.' - 0 - Amount Financed (3 + 4): $9,850.00 2 IV. CREDIT iNSURANCE Credit life insurance for the term oft/tis Contract is not requ/red. V. NO WARRANTIES THERE ARE NO WARRANTIES, EITHER EXPRESSED OR I/vIPLIED, GIVEN BY SELLER IN CONNECTION WIIlf SALE OF THE GOODS AND SERVICES COVERED BY THIS CONTRACT UNLESS BUYER HAS BEEN GIVEN A SEPARATE WRITTEN WARI~NTY. 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 mount of month/y payments shown in the Payment Schedule. Payments are due on or before the same date of each month as the Rrst payment date. Payments must be made to EFG Technologies, Inc. at the following ad&ess: EFG Technologies, Inc. PO Box 2901 Wimton~Salem NC 27102 Buyer's legal rights include the right to pay all or part of the amounts due on this Contract ha advance of their due dates, to obtain a refund or credit of unearned Finance Charge whenever the amount is paid/n full/n advance, and (w/th Seller's consent) to re/nstate the Contract if Buyer timely cures any default. Buyer shall be deemed to have cormmtted an "Event of Default" of the Contract upon the occurrence of any of the following: (a) (b) (c) (d) (e) 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 involxrmg 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 ad&ess as shown on Seller's records, advising Buyer of the default and of Buyer's right to cure the default. The notice wi/l provide the time, amount and performance necessary to cure the default. If Buyer does not cure the default as provided/n the notice, Seller's rights shall/nclude the right to declare all sums due on the Contract to be immediately due and payable. The Buyer agrees to pay all a~omey'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 shah not be binding upon Seller if Seller should thereafter choose to exercise that or any other tight or a s/milar Event of Default occurs later. All Seller's rights and remedies shall be cumulative. Sellers 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 al/of Seller's right and remedies. If any part of this Contract is held to be illegal, void or unerfforceable, that provision shall be deemed not to have been a part of this Contract, wk/ch shall otherw/se 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 extent supplemented, superseded or preempted by federal law. CONSENT TO IURISDICTION, 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 Permsylvania, 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, remm receipt mqunsted, directed to the respective party at the address set forth above. 10. Th/s 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 AGAI/qST THE SELLER OF GOODS OR SERVICES OBTAINED PURSUANT H~RETO OR WITH THE PROCEEDS HEREOF. RECOVERY HEREUNDER BY THE DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR HEREUNDER. NOTICE TO BLryER: (1) DO NOT SIGN THIS AGREEMENT BEFORE YOU READ IT OR IF IT CONTAINS ANY BLANK SPACE, (2) YOU ARE ENTITLED TO A COMPLETELY FII.LED4N COPY OF TillS AGREEMENT. (3) UNDER THE LAW, YOU HAVE THE RIGHT TO PAY OFF 1N ADVANCE THE FULL AMOUNT DUE AND UN'DER CERTAIN CONDITIONS TO OBTAIN A PARTIAL REFUND OF THE FINANCE CHARGE. BUYER(S) ACKNOWLEDGE(S) RECEIVING A COMPLETED COPY OF TI-IlS CONTRACT AND/NTEND(S) TO BE LEGALLY BOUND BY ITS TERMS. I AGREE TO REPAY ALL AMOUNTS DUE ON THIS LOAN IF Tt-IE BORROWER(S)/BLr'FER(S) FAILS TO DO SO IN ACCORDANCE WITH THE TEP,_MS OF THE NOTE: TRANSCRIPT OF A STUDENT'S RECORD WILL NOT BE RELEASED IF LOAN PAYMENTS TO Tt'IE COLLEGE ARE I~ ARREARS OR DEFAULT. DATE: Plan B DICKINSON COLLEGE 4 DICKINSON COLLEGE FLEXIBLE FINANCING SYSTEM - PLAN B EDUCATIONAL GOODS AND SERVICES RETAIL INSTALLMENT CONTRACT September 11, 2000 I. Seller: Dickinson College, Carlisle, Pennsylvania 17013-2896 Buyer(s): Isabel Bauza Bastard Paseo Damasco 1069 Levittown, PR 00949 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 Charline Bermudez (hereinafter "Student") during his/her enrollment at Dickinson College during the 2000-2001 academic year, including tuition, room and board, books and supplies as herein stated (collectively the "Goods and Services"). II. TERMS OF PAYMENT AND PAYMENT SCitEDULE Disclosures Required by Federal Law ANNUAL FINANCE AMOUNT TOTAL OF TOTAL SALE PERCENTAGE CHARGE: FINANCED: PAYMENTS: PRICE: RATE:* Dollar amount Amount of credit Amount paid by Total cost of Cost of credit as yearly credit will provided by Buyer as total purchase on rate cost buyer Dickinson College of ail scheduled credit, including payments down payment of 10.50% $7,556.35 $11,340.29 $18,896.64 $30,900.00 $19,559.71 Rev 07/00 EXHIBIT "B" Number of Payments 128 Bermudez Buyer's payment schedule will be as follows: Amount of Payments When Payments are Due $147.63 Monthly, commencing 09/28/00 until 05/28/11 Cafiable Rate: ,ate Charge: 'repayment: 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 l%. 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 $6,116.27 at 8.75% per annum for 116 months and the prime rate plus 1% were increased to 9.75%, your regular monthly payments would increase to $81.62. 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 F1NANCE 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 tLEQUIRED 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: $30,900.00 Total down payment: $19,559.71 Unpaid balance of cash price (l - 2): $11,340.29 Amount paid to others on Buyer's behalfi - 0 - Amount Financed (3 + 4): $11,340.29 2 IV. CREDIT rNSURANCE Credit life insurance for the term of this Contract is not required. V. NO WARRANTIES THERE ARE NO WARRANTIES, EITHER EX]PRESSED OR IlVlPLIED, GIVEN BY' SELLER IN CONNECTION WITH SALE OF THE GOODS AND SERVICES COVERED BY THIS CONTRACT UNLESS BUYER HAS BEEN GIVEN A SEPARATE WRITTEN WARR&NTY. VI. ADDITIONAL PROVISIONS Buyer agrees to pay Seller the Total Sale Price by ma!ring 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 f~rst 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 ha advance of their due dates, to obtain a refund or credit of unearned Finance Charge whenever the mount is paid in full in advance, and (w/th Sellefs 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) (b) (c) (d) (e) fa/lure to make any payment on or before the date it is due, failure to make a payment on any other Contract outstandi2g w/th Seller, fa/lure to perform any other provision of the Contract, providing Seller w/th fate information or signatures, death, incompetence, or conviction of any Buyer of crime involving fi-aud or dishonesty, Insolvency or bankruptcy of any Buyer. Upon or after the occurrence of any Event of Default, Seller will provide Buyer w/th notice, by cerdtled 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/nchide 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 thereax2er 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 assigurnent Buyer shall be obligated to the Assignee of this Contract, which Assignee shall have all of Seller's fight 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: Tins 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. CONSENT TO JIJRISDICTION, VENUE AND SERVICE: The parties to th/s Agreement coment 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 oft. he Middle District of Permsylvania, and all parties hereto consent and agree that jurisdiction and venue for such proceedings shall lie exclusively w/thin said court. Service of process in any such proceeding may be made by cen'iiied mail, remm receipt requested, directed to the respective party at the address set forth above. 10. This Con~act shall be binding upon the parties hereto, their heirs, successors, assigns and legal representatives. I I. TIME IS OF THE ESSENCE OF THIS CONXlt~CW. NOTICE: ANY HOLDER OF THIS CONSUMER CREDIT CONTRACT IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH THE DEBTOR COULD ASSERT AGAIlgST Ti-lB SELLER OF GOODS OR SERVICES OBTAINED PURSUANT HERETO OR WITH TIlE PROCEEDS HEREOF. RECOVERY HEREUNDER BY THE DEBTOR SHALL NOT EXCEED AMOUNTS PAll) BY THE DEBTOR HEREHNDER. 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 TI-lIS AGREEM]ENT. (3) UNDER THE LAW, YOU HAVE THE RIGHT TO PAY OFF IN ADVANCE THE FULL AMOLrNT DUE AND UNDER CERTAIN CONDITIONS TO OBTAIN A PARTIAL REFUND OF ~ FINANCE CHARGE. BUYER(S) ACKNOWLEDGE(S) RECEIVING A COMPLETED COPY OF THIS CONTRACT AND INTEND(S) TO BE LEGALLY BOUND BY ITS TERMS. I AGREE TO REPAY ALL AMOUNTS DUE ON THIS LOAN IF THE BORROWER(S)/BUYER(S) FAILS TO DO SO IN ACCORDANCE WITH TIlE TERMS OF TIlE NOTE: TRANSCRIPT OF A STUDENT'S RECORD VOLL NOT BE RELEASED IF LOAN PAYMENTS TO THlg COLLEGE ARE IN AR.REARS OR DEFAULT. DATE: Plan B DICKINSON COLLEGE BY 4 mm Exhibit "C" o©ooooo ,D ooo o o ooooooo o oo© o o ©oooooo o ooo o o ooooooo o oo© o o ............... h '~ ¼ ....... 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 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 unsworn falsification to authorities, which provides that if I knowingly make false averments, I may be subject to criminal penalties. Dickinson College Tho~ M Assistant Treasurer of Dickinson College Dated: F/FILES/DATAFILE\Dickin$on College 7619\ Dickin sonCollegeCollections7619C/Documema/16[ pral maie Created 10/10/02 02 46:50 PM Revised 09/24/03 0835 13 AM 7619¢ 161 DICKINSON COLLEGE, Plaintiff CHARLINE M. BERMUDEZ and ISABEL BAUZA BASTARD, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. ~' ~ £6 CIVIL ACTION-LAW JURY TRIAL OF TWELVE DEMANDED PRAECIPE TO DOCUMENT SERVICE AND COST OF SERVICE PURSUANT TO THE PENNSYLVANIA LONG ARM STATUTE I hereby certify that a copy of the Complaint was mailed to Isabel Bauza Bastard on September 9, 2003, by certified mail, restricted delivery, return receipt requested. Attached is the Post Office return receipt signed and dated September 13, 2003, and a copy of the receipt showing the cost of service was $8.61. MARTSON DEAP~ ~F WILLIAMS David R. Gallowa' l~squi~e I.D. No. 87326 Ten East High Street Carlisle, PA 17013-3093 (717) 243-3341 & OTTO Date: September 24, 2003 Attorneys for Plaintiff · Compile ifeme 1, 2, and 3. Aiso complete item 4 if Restricted Delivery is cis~irad. · Print your name and address on the reveme so that we can return the card to you. · Attach this card to the back of the mailpiece, or on the front if space permits. RESTRICTED DELIVERY 2. Article Number PS Form 3811, August 2001 B. Recetvecl by ( Printed Name) ~.C~tlf~cl Malll [] Express Mail [] Registe~d I-I ~um ~ f~ M~i~ ~ In~ MNI ~ C.O.D. / 7003 1010 0001 1202 7995 m CERTiFICATE OF SERVICE I, Marti Iben, an authorized agent ofMartson DeardorffWilliams & Otto, hereby certify that a copy of the foregoing Praecipe to Document Service and Cost was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Ms. Isabel Bauza Bastard Paseo Damaso 1069 Levittown, Puerto Rico 00949 MARTSON DE.~d~DORFF WILLIAMS & OTTO By~J~ ~/_~t~' Marti Iben Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: September 24, 2003 DICKINSON COLLE~ ]E, 'laintiff 1 CHARLINE M. BE~UDEZ and ISABEL BAUZA BASTARD, ]~efendants : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-3686 CIVIL ACTION-LAW JURY TRIAL OF TWELVE DEMANDED PRAECIPE Please reinstat4 the attached Complaint against Charline M. Bermudez, in the above- captioned action and rltum same to the undersigned for service. DEARDORI~WILLIAMS & OTTO MARTSON David R. Galloway, E~e I.D. Number 87326 Ten East High Street Carlisle, PA 17013 (717) 243-3341 October 23, 2003 Date: Attorneys for Plaintiff DICKINSON COLLEGE, Plaintiff CHARLINE M. BEI~ ISABEL, BAUZA B~ MUDEZ and ,STARD, Defendants NO. O3- 30 ~'(~ CIVIL ACTION-LAW IN THE COId~T OF COMMON P~?A~,pF CUMBERLAND COUNTY, PE~Y~ANt~ JURY TRIAL` OF TWELVE DEMANDED NOTICE You have be~n sued in court. If you wish to defend against the claims set forth in th following pages, you [must take action within twenty (20) days after this Complaint and Notice ar served, by entering a ~vritten appearance personally or by attorney and filing in writing with the corn your defenses or objqctions to the claims set forth against you. You are warned that if you fail t, do so, the case may t~roceed without you and a judgment may be entered against you by the eom without further notic~ for any money claimed in the Complaint or for any other claim or relic requested by the Plai ~tiffs. You may lose money or property or other rights important to you. YOU SHOUI ,D TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NO' HAVE A LAWYER 3R CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SE' FORTH BELOW T£ ~ FIND OUT WHERE YOU CAN GET LEGAL HELP: Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 Dated: MARTSON D m)O FF t-.U MS & OVVO By David R. 13~illoway, Esquire I. D. Number 87326 Ten East High Street Carlisle, PA 17013 (717) 243-32,41 Attorneys for Plaintiff DICKINSON COLLEGE, Plaintiff CHARLINE M. BEI~MUDEZ and ISABEL BAUZA B4kSTARD, Defendants AND NOW, Deardorff Williams 1. Plain' institution with its pi 2. Defe~ whose last known at Rico 00949. 3. Defel last known address 4. Stud Dickim 5. Dick 1 through 4 of this 6. On ~ (Note #1) with Dick benefits to Student ~ 7. On Promissory Note educational servio Exhibit "B." IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIJ NO. CIVIL ACTION-LAW JURY TRIAL OF TWELVE DEMANDED COMPLAINT comes Plaintiff, Dickinson College, by and through its attomeys, Martsc ~: Otto, and hereby avers as follows: iff Dickinson College, (hereinafter Dickinson"), is a Pennsylvania education incipal offices located in Carlisle, Cumberland County, Pennsylvania 1701 tdant Charline M. Bermudez, (hereinafter "Student"), is an adult individu dress Cond. Lago Vista II, Boulevard Mo #269, Levittown, Toa Baja, Puer tdant Isabel Bauza Bastard, (hereinafter "Aunt"), is an adult individual who,. Pasco Damasco 1069, Levittown, Puerto Rico 00949. ~t is currently or was enrolled at Dickinson. COUNT I BREACH OF CONTRACT on College v. Isabel Bauza Bastard & Charline M. Bermudez nson hereby incorporates by reference the averments contained in Paragrap ',omplaint. about September 11, 2000, Aunt and Student entered into a Promissory Nc nson for the financing of $9,850.00, plus interest, for educational services a~ I Dickinson. A copy of Note #1 is attached hereto as Exhibit "A." r about September 11, 2000, Aunt and Student entered into an Additior 4otc #2) with Dickinson for the financ, ing of $11,340.29, plus interest, and benefits to Student at Dickinson. A copy of Note #2 is attached heretc te al as $21,190.29. 9. The total collective outstanding principal balance for Note gl and Note #2 is Note/~ 1 and Note #2 grant Dickinson reasonable attorneys' and collection fees whit Dickinson has calculated to be $3,178.54. 10. As oflJune 20, 2003, the outstanding balance due and payable by Aunt and Stude~ to Dickinson was $~2,879.89 plus interest accruing thereafter at $3.21 per day, attorney ar collection fees in the I 1. The o financing provided t. provided to Student 12. Dicki Note gl and Note #2 WHEREFOt $22,879.89 plus int~ amount of $3,178.5L 13. Dick! 1 through 12 of this 14. Stud~ Dickinson to pay tu correct copy of Not~ 15. Stud~ Dickinson, agreed t~ 16. The 1 (14) days before the 17. Stud agreement of the Ac and implied obligat therein. amount of $3,178.54 and costs of suit. .ttstanding balance of $22,879.89 represents the total and actual overdue of ti > Aunt and Student under Note gl and Note #2 for those educational servic~ 5or which Aunt has yet to pay. ason fulfilled, performed and complied with all obligations and conditions, ~E, Dickinson demands judgment against Aunt and Student in the amount, }f :rest accruing thereafter at $3.21 per day, attorney and collection fees in and costs of suit. COUNT II BREACH OF CONTRACT Dickinson College v. Charline M. Bermudez nson hereby incorporates by reference the averments contained in Paragral Complaint. nt opened a Student Receivables account (hereinafter "Account") wi:h tion, books, dining service fees and other educational expenses. A true mtd gl is incorporated by reference and attached as Exhibit "C." :nt, by opening the Account and using the goods and services provided ~y , pay Dickinson for all charges made to the Account. vms of repayment of the Account require Student to pay the balance fourte ,~n ~eginning of each semester. ;nt breached the expressed and implied obligations, conditions and terms 3f ;ount by failing to pay the amounts financed therein and breached the express ,~d ons, conditions and terms of the Account by failing to pay the amounts stat :d 18. As ot for those educationa 19. Dicki the Account. June 20, 2003, the Account balance due and payable by Student to Dickinson services was $2,944.87. ason fulfilled, performed and complied with all obligations and conditions )f .7 COUNT III IN 0 UANTUM MER U1T Dickinson College v. Charline M. Bermudez ;ive, if this Honorable Court should determine that an express contract betwe~ · line M. Bermudez does not exist, which is denied, Dickinson pleads te raphs 1 through 19 are incorporated herein b~, reference as if set forth in 1. ~se Dickinson loaned money to Student under Note #1, Note #2 and ~e fit of Student, Student became liable to Dickinson for said money. .nt was unjustly enriched by accepting said money without paying Dickin: ~n ation therefor. June 20, 2003, the total amount by which Student became enriched w ~s 'est accruing thereafter in the amount of $3.21 per day. nson demanded payment of the above sums but Student failed and refused ~,o [E, Dickinson demands judgment against Student in the amount of $25,824.' ~6 at $3.21 per day from June 20, 2003, attorney and collection fees in the amo~ at WHEREFOI :E, Dickinson demands judgment against Student in the amount of $2,944. plus interest aceruin from date of judgment, attorney and collection fees and costs of suit. In the altema Dickinson and Cha following: 20. Para 21. Bec~ Account, to the bern 22. Stud~ reasonable compens 23. As o $25,824.76 plus inte 24. Dick do so. WHEREFO', plus interest accruin of $3,178.54 and cz ts of suit. Date: MARTSON DEARDORFF ~I,LIAMS & OTT( BYDavid~ E~,~utl e~ I. D. Number 87326 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys fi)r Plaintiff DICKINSON EDUCATIONAL Ge I. Seller: Dickinsot Buyer(s): Is P: L, If there is more than one performance of all agreements as Under the terms of this defined) to be provided and rende~ at Dickinson College during the (collectively the "Goods and Servi ANNUAL PERCENTAGE RATE:* ;ost of credit as yearly rate 10.50% COLLEGE FLEXIBLE FINANCING SYSTEM - PLAN B )ODS AND SERVICES RETAIL INSTALLMENT CONTRACT September 11, 2000 College, Carlisle, Pennsylvania 17013-2896 ~bel Bauza Bastard tseo Damasco 1069 ~vittown, PR 00949 Buyer, each of you will be obligated, jointly and severally, for all sums du rovided in this Educational Goods and Services Retail Installment Contract (the )ntract, you have agreed to pay the expenses incurred for Goods and Services ed, as the case may be, to Charline Bermudez (hereinafter "Student") during his/1 00-200 l academic year, including tuition, room and board, books and supplies TERMS OF PAYMENT AND PAYMENT SCItEDULE Disclosures Required by Federal Law INANCE HARGE: liar amount '.redit will :ost buyer g6,563.44 AMOUNT FINANCED: Amount of credit provided by Dickinson College $9,850.00 TOTAL OF PAYMENTS: Amount paid by Buyer as total of all scheduled payments $16,413.44 TOT,~ P[ Tota purc credit, down ~ $30 $21 Rev 07/00 EXHIBIT "A" , and for th 'Contract"). as hereinaft¢ ter enrollmel herein state L SALE ICE: cost of Iasc on including ayment of 900.00 050.00 Bermudez, Buyer's payment schedule will be as follows: Number of Payments 128 *Var/able Rate: Late Charge: Prepayment: AmoUnt of Payments The initial or decrease) the term o f tN close ofbusin decreased to t decrease, mor increase or de payment amo~ annum for 1 payments wo more than 18~, If a payment $2.50 and no' Buyer may pr, through the d~ SEE SECTION VI OF THE CONU DEFAULT AND REQUIRED REP Cash price of Goods and Se~ Total down payment: Unpaid balance of cash pric~ Amount paid to others on Bt Amount Financed (3 + 4): When Payments are Due $128.23 Monthly, commencing 09/28/00 until 05/28/I I NUAL PERCENTAGE RATE disclosed above is a var/able rate and may chang om time to time. The ANNUAL PERCENTAGE KATE may increase or deerea. s transaction if the prime rate of interest announced in the Wall Street Journal as :ss on June 30 of each calendar year increases or decreases, and will be inerease~ le prime rate plus 1%. The ANNUAL PERCENTAGE RATE will not increase, .' than once a year, and the new interest rate; will become effective on July 1 folle :rease, if any, in the prime rate of interest. Any increase will be in the form of hi .hts. If your cost of the Goods and Services sold hereunder were $6,116.27 at 8.~ 5 months and the prime rate plus 1% were increased to 9.75%, your regular mom ld increase to $81.62. Further, the ANNUAL PERCENTAGE R.ATE will not in ; or such other rate as may be permitted under Pennsylvania law. ; more than 15 days late, a sum equivalent to 5% of the late payment (but no mot less than $1.00) may be charged. ~ay the unpaid balance of the AMOUNT FINANCED and any FINANCE CHA2 te of early payment, in full or in part, without penalty. R_ACT BELOW FOR ANY .~DDITIONPdL INFOILMATION ABOUT NON-PA AYMENT BEFORE THE SCHEDULED DATE FOR REPAYMENT OF THE ~ FINANCED. HI. ITEMIZATION OF ANIOUNT FINANCED vices: (1 - 2): er's behalf: $30,900.00 $21,050.00 $9,850.00 $9,850.00 2 increase during f the or )r wing the gher 5% per hly :rease to than GE due IV CREDIT INSLrR~-~NCE life insurance tbr the term of this Contract is not required. V. NO WARRANT/~ES THERE ARE NO WARIL~ SALE OF THE GOODS AND SER5 WRITTEN WARRANTY. ,[TIES, EITHER EXPRESSED OR I]V[PLIED, GrVEN BY SELLER IN CONNECTION [filTH ICES COVERED BY THIS CONTP._A. CT UNLESS BUYER HAS BEEN GIVEN A SEPfRATE VI. ADDITIONAL PROVISIONS Buyer agrees to pay Seller th~ Total Sale Price by making the total down payment and pay/ng Seller the Total of Paym~ number and mount ofmontt ly payments shown in the Payment Schedule. Payments are due on or before the same da! month as the first payment da !e. Payments must be made to EFG Technologies,/nc. at the following address: EFG Technologies, i nc. PO Box 2901 Winston-Salem NC i 7102 Buyer's legal rights include : right to pay all or part of the mounts due on ttds Contract in advance of their due dates, refund or credit cf unearned nance Charge whenever the amount is paid/n full in advance, and (with Seller's consent) ~ reinstate the Contract if Buy{ timely cures any default. Buyer shall be deemed to have committed an "Event of Default" of the Contract upon the occurrence of any of tho follo'~ yment on or before the date it is due, rant on any other Contract outstanding with Seller, other provision of the Contract, ~he information or signatures, ~r conv/ction of any Buyer of crime involving fraud or dishonesty, :cy of any Buyer. any Event of Default, Seller will prey/de Buyer with notice, by certffied mail as required' address as shown on Seller's records, advising Buyer oftha default and of Buyer's right t~ the time, mount and perfon-nance necessary to cure the default. If Buyer does not cure t , Seller's rights shall include the right to declare all sum~ due on the Contract to be inn-ned ecs to pay all attorney's fees and other reasonable collection costs and charges necessary 1 d when due. Waiver by Seller of any Event o ~Default shah not be binding upon Seller if Seller should thereafter choose to exercise tha other right or a similar Event of )efault occurs later. All Sellers rights and remedies shall be cumulative. Seller's exercim or more rights shall not cause Se [ler to lose any other rights. This Contract is freely assignabl, by Seller. Buyer agrees that upon receiving notice of the assignment Buyer shall be ob the Assignee of tk/s Con. act, w} ich Assignee shall have all of Seller's right and remedies. If any part of this Contract is hel~ to be illegal, void or unenforceable, that provi~ian shall be deemed not to have been a t this Contract, which shall othe~se remain fully effective. (a) failure to make any p~ (b) failure to make a pay~ (c) failure to perform any (d) providing Seller with (e) death, incompetence,, (f) insolvency or bankm1 Upon or after the occurrence o addressed to Buyer's last know default. The notice will provid~ default as provided in the notice due and payable. The Buyer ag collection of any amount not pa: nts in the -" of each :o obta/n a tg: ately or the : or uny of one atcd to t of APPLICABLE LA,V: I'his Agreement, ~vbenever call&t upou ~o be constnxed, shall be governed by the domestic the Commonwealth of Pem~sylvmaia except to the extent supplemented, superseded or preempted by federal law. internal laws of' CONSENT TO JURISDICTION, VENUE AND SERVICE: The parties to th/s 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 appli ~0able, the United States District Court of the Middle District of Pennsylvania, and all partie coment and agree that jurisdiction and venue for such proceedings shall lie exclusively within said court. Service of any such proceeding may be made by certified mail, return receipt requested, directed to the respective party at the a 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 TI-tIS CONTRACT. NOTICE: ANY HOLDER OF TH THE DEBTOR COULD ASSERT WITH TI~E PROCEEDS HERBOt THE DEBTOR I-IEREUNDER. NOTICE TO BUYER: (1) DO N( SPACE. (2) YOU ARB ENTITLI YOU I-IAVE THE RIGHT TO PA] OBTAIN A P.~HtTIAL REFUND C BUYER(S) ACKNOWLE LEGALLY BOUND BY ITS TEt~ S CONSUMER CP,_EDIT CONTRACT IS SUBJECT TO ALL CLAIMS AND DEFENSI ~.GAINST THE SELLER OF GOODS OR SERVICES OBTAINED PURSUANT I-~ILE' · RECOVERY H~RBUNDER BY THE DEBTOR SHALL NOT EXCEED AMOUNTS ~T SIGN THIS AGREEMENT BE]FORE YOU READ IT OR IF IT CONTAINS ANY BI ;D TO A COMPLETELY FILLED-IN COPY OF TI-lIS AGREEMENT. (3) UNDER TI ' OFF IN ADVANCE THE FULL _AMOUNT DUE AND UNDER CERTAIN COND1TI£ F THE FINANCE CHARGE. )GE(S) RECEIVING A COMPLETED COPY OF THIS CONTRACT AND INTENID(S) BUYER(S): I AGREE TO REPAY AL~ AMOUNTS DUE ON THIS LOAN IF TIlE EORROWER(S)fBUYER(S) FAILS TO ] ACCORDANCE WITH THE TEllS OF TIlE NOTE: TRANSCRIPT OF A STUDENT'S RECORD WILL ]NOT BE RELEASED IF LOAN P~YMENTS TO THE COLLEGE ARE IN ARREARS OR DEFAULT. DATE: ~ DICKINSON COLLEGE Plan B ; hereto process in ldress set ;S WIIlCH 70 OR 'AID BY ANK E LAW, NS TO TO BE )SOIN DICKINSONi COLLEGE FLEXIBLE FINANCING SYSTEM - PLAN B EDUCATIONAL GOODS AND SERVICES RETAIL INSTALLMENT CONTRACT September t 1, 2000 I. Seller: Dickinso I College, Carlisle, Pennsylvania 17013-2896 Buyer(s): I~abel Bauza Bastard P~seo Damasco 1069 evittown, PR 00949 If there is more than on: Buyer, each of you will be obligated, jointly and severally, for ali sums d~ performance of all agreements as )rovided in this Educational Goods and Services Retail Installment Contract (the Under the terms of this defined) to be provided and rende at Dickinson College during the (collectively the "Goods and Serv ANNUAL PERCENTAGE RATE:* r Cost of credit as yearly rate 10.50% ontract, you have agreed to pay the expenses incurred for Goods and Services 'ed, as the case may be, to Charline Bermudez (hereinafter "Student") during his/ )00-2001 academic year, including tuition, room and board, books and supplies a ces"). TERMS OF PAYMENT A1ND PAYMENT SCHEDULE Disclosures Required by Federal Law INANCE HARGE: llar amount redit will ost buyer ;7,556.35 AMOUNT FINANCED: Amount of credit provided by Dickinson College $11,340.29 TOTAL OF PAYMENTS: Amount paid by Buyer as total of all scheduled payments $18,896.64 TOT~ Tota pure credit, down I: $30 $19 Rev 07/00 te and for t "Contract"). as heremafl er enrollme herein stat, L SALE ICE: cost of iasc on including ayment of 900.00 559.71 EXHIBIT "B" Number of Payments 128 (ariabte Rate: ,ate Charge: 'repayment: The initial AN1 or decrease) fr( the term of this close of busine decreased to th decrease, more increase or dec payment amou annum for lB payments wou more than 18°/ If a payment $2.50 and not Buyer may pr, through the & Bayer's payment schedule will be as follows: Amou--~f Pa~ i When Payments are Due ---~7.63----~ Monthly, commencing 09/28/00 until 05/28/l 1 IUAL PERCENTAGE RATE disclosed above is a v_ariable rate and may change( m time to time. The ANNUAL PERCENTAGE RATE may increase or decreas{ transaction if the prime rate of interest announced in the W~all Street Journal as c ;s on June 30 of each calendar year increasers, or decreases, and will be increased ~ prime rate plus 1%. The ANNUAL PERI~ENTAGE RATE will not increase, c than once a year, and the new interest rate will become effective on July 1 follo~ tease, if any in the prime rate of interest. Pray increase will be in the form of hi[ If our cost of the Goods and Services sold hereunder were $6,116.27 at 8.7. ~tsrn'onthYs and the prime rate plus 1% were increased to 9.75%, your regular montl I increase to $81.62. Further, the ANNU~L PERCENTAGE RATE will not inc or such other rate as may be permitted under Pennsylvania law. more than 15 days late, a sum equivalent to 5% of the late payment (but no mor, ess than $1.00) may be charged. ~ay the unpaid balance of the AMOUNT FINANCED and any FINANCE CHA] of early payment, in full or in part, without penalty. SEE SECTION VI OF THE CON' DEFAULT AND p~QUIRED P~I Cash price of Goods and S~ Total down payment: Unpaid balance of cash pri Amount paid to others on ] Amount Financed (3 + 4): 2. 3. 4. 5. ~.CT BELOW FOR ANY ADDFFIONAL INFORMATION ABOUT NON-P~ kYMENT BEFORE THE SCHEDULED DATE FOR REPAYMENT OF THE FINANCED. HI. ITEMIZATION OF AMOUNT FINANCED Aces: e (1 - 2): myer's behalf: $30,900.00 $19,559.71 $11,340.29 $11,340.29 2 during fthe ting the her ;% per ease to than :GE due YMENT, ~¢[OUNT IV CRb. DIT IN~SUt,I.ANCE Credit life insurance tbr the tem~ of this Contract is not required. V. NO WARRANTIES THERE ARE NO WARRANTIES, EITHER EXPRESSED OR llvlPLIED, G][VEN BY SELLER 1N CONNECTION SALE OF THE GOODS AND SERVIUES COVERED BY THIS CONTRACT UNLESS BUY-ER HAS BEEN GIVEN A SEP.~ WRITTEN WARRANTY. VI. ADDITIONAL PROVISIONS Buyer agrees to pay Seller th{ number and amount ofmunth month as the first payment da EFG Technologies, PO Box 2901 Winston-Salem NC Buyer's legal rights inchide th, refund or credit of unearned F reinstate the Contract ifBuye~ Buyer shall be deemed to haw (a) failure to make any p (b) failure to make a pay (c) failure to perform art] (d) providing Seller with (e) death, incompetence, (f) insolvency or bankr~ addressed to Buyer's last know default. The notice will provk default as provided in the natic due and payable. The Buyer a collection of may amount not Waiver by Seller of any Ever other right or a similar Event o or more rights shall uot cause This Contract is freely assignal the Assignee of this Contract, If any part of this Contract is h this Contract, which shall othm Total Sale Price by making the total down payment and paying Seller the Total of?ayme y payments shown in the Payment Sckedule. Payments are due on or before the same date Payments must be made to EFG Technologies, Inc. at the following address: '102 right to pay all or part of the amoants due on this Contract in advance of their due dates, nance Charge whenever the amount is paid in full in advance, and (with Sellers consent) timely cures any default. committed an "Event of Default" of the Contract upon the occurrence of any of the follov tyment on or before the date it is due, oent on any other Con~act outstanding with Sel~[er, other provision of the Contract, false information or signatures, or conviction of any Buyer of crime involving fi:aud or dishonesty, ,try of any Buyer. ~ any Event of Default, Seller will provide Buyer with notice, by certified mail as required ~ address as shown on Sellers records, advising Buyer of the default and of Buyer's fight ~ e the time, amount and performance necessary to cu~e the default. If Buyer does not cure e, Seller's rights shall include the right to decl~e all sums due on the Contract to be i,n,,,e Fees to pay all attorney% fees and other reasonable collection costs and charges necessary dd when due. Default shall not be binding upon Seller if Seller should thereafter choose to exercise tt fDefault occurs later. All Seller's rights and remedies shall be cumulative. Seller's exerci eller to lose any other rights. le by Seller. Buyer agrees that upon receivIng lotice of the assiL3~ment Buyer shall be ob ~hich Assignee shall have all of Seller's fight and remedies. :Id to be illegal, void or unenforceable, that pro dsion shall be deemed not to have been a wise remain fully effective. rlTH tts inthe of each o obtain a ng: bylaw, the fur the at or any le of one /gated to )art of 3 APPLiCA_BLE LAW: ['his Agreenlent. ;vhenever called, upa to b'e consmted., shall be governed by the domestic mtema[ laws of the Commonwealth of Pennsytvatfia except to the extent supplemented, super ec ed or preempted by federal law 10. CONSENT TO JURISDICTION, VENUE AND SERVICE: The parties to tiffs Agreement consent and agree that all legal proceedings relating to the subj eot matter hereof shall be maintained in the Court of Common Pleas of Cumberland CoUnty, Pennsylvania, or, if applicabip, the Un/ted States Dmtnct Court of the M~ddle Dmtnct of Pennsylvama, and all part, es consent and agree that jm'isdibtion and venue for such proceedings shall lie exclusively within said com't. Service of pr ~cess in 11. TIME IS OF THE ESSENCt NOTICE: ANY HOLDER OF THIS THE DEBTOR cOULD ASSERT A( WITH THE PROCEEDS HEREOF. THE DEBTOR I-'JEP,~UNDER. any such proceeding may be ~mde by certified mail, return receipt requested, directed to the respective party at the adcb forth above. This Contract shall be binding upon the parties hereto, their heirs, successors, assigns and legal representatives. OF THIS CONTRACT. ~'ONSUMER CREDIT CONTRACT IS SUBJECT TO ALL CLAIMS AND DEFENSES AINST THE SELLER OF GOODS OR SERVICES OBTAINED PURSUANT HERETC ~COVERY HEREUNDER BY THE DEBTOK'°'SHALL NOT EXCEED AMOUNTS P~ NOTICE TO BUYER: (1) DO NOT SPACE. (2) YOU ARE ENTITLED YOU HAVE THE RIGHT TO PAY ( OBTAIN A PARTIAL REFUND OF SIGN THIS AGREEMENT BEFOP,-E YOU READ IT OR [F IT CONTAINS ANY BLA~ TO A COMPLETELY FILLED-IN COPY OF THIS AGREElv[ENT. (3) UNDER ~ FF IN ADVANCE THE FULL AMOUNT DUE AND UNDER CERTAIN CONDITION HE F~'ANCE CHARGE. BUYER(S) ACKNOWLED( LEGALLY BOUND BY ITS TERMS, I AGREE TO REPAY ALL ~MOUI-rrs DUE ON TI-lIS LOAN I1~ TI-JE BORROWER(S)/BUY~K(S) FAILS ACCORDANCE WITH THE TERM~ OF THE NOTE: TRANSCt ~I?T OF A STUDENT'S REcoRD WIlL NOT BE RELEASED IF LOAN PA gMENTS TO THE COLLEGE ARE 11~ ARREARS OR DEFAULT. DATE: DICKINSON COLLEGE e- /'2.-OO Plan B E(S) RECEIVING A COMPLETED COPY OF THIS CONTRACT AND nYrgND(S) l TO DO .'ss set WTIICH OR ID BY LAW, g TO D BE SO IN 4 ~gg~oooooo Exhibit "C" o o ~mm~:mm o~r~aomo~~ ~m~ ~mmo~oomm c ~ooo oooooooooooooooooooooo ~o ~ o o o o o ooooo I, THOMA; the authority to e> foregoing Complai preparation of this have read the docur given to my counse To the extent that making this Verifit This staten relating to unswor averments, I may lc Dated: VERIFICATION MEYER, Assistant Treasurer of Dickinson College, acknowledge that I h~ve ecute this Verification on behalf of Di. ckinson College and certify that ~he nt is based upon information which has: been gathered by my counsel inthe ! .wsuit. The language of this Complainl: is that of counsel and not my ow~. I ~nt and to the extent that this Complaint :is based upon information which I h ive 1, it is tree and correct and to the best of my knowledge, information and bel ief. he content of this Complaint is that of counsel, I have relied upon counse ! in ition. ;nt and Verification are made subject 1o the penalties of 18 Pa. C.S. § 4')04 falsification to authorities, which provides that if I knowingly make [lse subject to criminal penalties. Dickinson ,College Tho~ ~ Assistant Treasurer of Dickinson College DICKINSON COLLEGE, Plaintiff V. CHARL1NE M. BERMUDEZ and, ISABEL BAUZA BASTARD Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-3686 CIVIL ACTION-LAW JURY TRIAL OF TWELVE DEMANDED PRAECIPE TO DOCUMENT SERVICE AND COST OF SERVICE PURSUANT TO THE PENNSYLVANIA LONG ARM STATUTE I hereby certify that a copy of the Complaint was mailed to Charline M. Bermudez on November 21, 2003, by certified mail, restricted delivery, return receipt requested. Attached is the Post Office return receipt signed and dated December 1, 2003 and a copy of the receipt showing the cost of service was $8.84. Date: December 8, 2003 MARTSON DEARDORFF WILLIAMS & OTTO Carlisle, PA 17013-3093 (717) 243-3341 Attorneys for Plaintiff 7003 1010 0001 1202 7865 CERTIFICATE OF SERVICE I, Nichole L. Myers, an authorized agent of Martson Deardorff Williams & Otto, hereby certify that a copy of the foregoing Praecipe was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Ms. Charline M. Bermudez Cond. Lago Vista II Boulevard MO #269 Levittown, Toa Baja Puerto Rico 00949 MARTSON DEARDORFF WILLIAMS & OTTO Nichole L. Myers Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: December 8, 2003 DICKINSON COLLEGE, Plaintiff CHARLINE M. BERMUDEZ and ISABEL BAUZA BASTARD, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-3686 CIVIL ACTION-LAW JURY TRIAL OF TWELVE DEMANDED PRAECIPE TO THE PROTHONOTARY: Enter default judgment in the above-captioned action in favor of Plaintiff and against Defendants as follows: 1. Against Defendant, Charline M. Bermudez, in the amount of $25,824.76 plus interest from June 20, 2003, in the amount of $648.42, attorneys' fees in the amount of $3,178.54 for a total of $29,651.72, plus costs of suit and interest from date of judgment, as stated in the Loan Notes attached to the Complaint, for Defendant's failure to file an answer to the Complaint. I do hereby certify that a written notice of intention to file this Praecipe (in the form attached hereto) was mailed to the Defendants at the address indicated thereon, on December 23, 2003, which date was subsequent to the date default occurred and at least ten (10) days prior to the date of the Praecipe. 2. Against Defendant, Isabel Bauza Bastard, in the amount of $22,879.89, plus interest from June 20, 2003, in the amount of $648.42, attorneys' fees in the amount of $3,178.54 for a total of $24,176.73, plus costs of suit and interest from date of.judgment, as stated in the Loan Notes attached to the Complaint, for Defendant's failure to file an answer to the Complaint. I do hereby certify that a written notice of intention to file this Praecipe (in the form attached hereto) was mailed to the Defendant at the addresses indicated thereon, on December 23, 2003, which date was subsequent to the date default occurred and at least ten (10) days prior to the date of the Praecipe. MARTSON, DE~LI~DO~'F, .W~ILLIAMS & OTTO Carlisle, PA 17013 '~ (717) 243-3341 Dated: January 8, 2004 Attorneys for Plaintiff u.s. POSTAL SERWCE CERTIFICATE OF MAILING MAY SE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE POR INSURANCE -- POSTMASTER ~ (.~ /LI R~eived From: PS Form 3817, Mar. 1989 One piece of ordinary mail addressed U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FOR INSURANCE -- POSTMASTER 0~_~ /L[ ~ ~-"~ PS Form 3817, Mar. 1989 DICKINSON COLLEGE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHARLINE M. BERMUDEZ and, ISABEL BAUZA BASTARD Defendant NO. 03-3686 CIVIL ACTION-LAW JURY TRIAL OF TWELVE DEMANDED TO: CHARLINE M. BERMUDEZ, Defendant IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE, IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 Telephone:(717) 249-3166 BYDavid ~'~R. O$Iloway, E s~q'~ Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: December 23, 2003 Attorneys for Plaintiff I)UKINSON COLLEGE, Plaintiff C]~ARLINE M. BERMUDEZ and, IS;kBEL BAUZA BASTARD Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-3686 CIVIL ACTION-LAW JURY TRIAL OF TWELVE DEMANDED ~r6: ISABEL BAUZA BASTARD, Defendant IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN A2PEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. U3ILESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 Telephone:(717) 249-3166 MARTSON DEARDORFF WILLIAMS & OTTO BYDavid R.:~' "~aFfoway, Es~qrire~ Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: December 22, 2003 Attorneys for Plaintiff CERTIFICATE OF SERVICE I, Tricia D. Eckenroad, 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: Ms. Isabel Bauza Bastard Paseo Damaso 1069 Levittown, Puerto Rico 00949 Ms. Charline M. Bermudez 1802F South Ninth Street Arlington, VA 22204 MARTSON DEARDORFF WILLIAMS & OTTO Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: January 8, 2004 ©% FAFILES\Clients\7619 Dickinson College\7619.Collections\7619.C.Cutrent\161 Bermudez\7619C.161.pra Christopher E. Rice, Esquire F1 , 13 Pi; 1?: cat I.D. No. 90916 R. Christopher VanLandingham, Esquire I.D. No. 307424 MARTSON DEARDORFF WILLIAMS OT TO GILROY & FALLER MARTSON LAW OFFICES Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff DICKINSON COLLEGE, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CHARLINE M. BERMUDEZ and NO. 03-3686 CIVIL ACTION-LAW ISABEL BAUZA BASTARD, Defendants JURY TRIAL OF TWELVE DEMANDED PRAECIPE To the Prothonotary: Please mark the judgment in the above-referenced matter satisfied and the action discontinued. MARTSON LAW OFFICES BY: S-. Christopher E. Rice, Esquire I.D. No. 90916 R. Christopher VanLandingham, Esquire I.D. No. 307424 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff Date: CERTIFICATE OF SERVICE I, Mary M. Price, an authorized agent of MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER, 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: Charline M. Bermudez 1914 Columbia Pike, Apt. 9 Arlington, VA 22204 MARTSON LAW OFFICES By M Price Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: 41SIP/ In making this communication, we are advising you this firm is attempting to collect a debt for Dickinson College. Any information gained from this communication will be used for that purpose