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HomeMy WebLinkAbout03-4911DICKINSON COLLEGE, Plaintiff FELIX A. ROY, MARYANNE ROY and KEVIN F. ROY, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 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. I]7 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, Peunsylvania 17013 Telephone (717) 249-3166 Date: September 16, 2003 Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff & OTTO DICKINSON COLLEGE, Plaintiff FELIX A. ROY, MARYANNE ROY and KEVIN F. ROY, 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 attorneys, MARTSON DEARDORFF WILL/AMS & 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, Felix A. Roy and MaryAnne Roy, (hereinafter "Parents"), are adult individuals residing as husband and wife with a last known address of 13 Clamer Avenue, Montgomery County, Collegeville, PA 19426. 3. Defendant, Kevin F. Roy, (hereinafter "Student"), is an adult individual with a last known address of 13 Clamer Avenue, Montgomery County, Collegeville, PA 19426. 4. On or about November 11, 1993, Parents and Student entered into an additional Promissory Note (Note #1) with Plaintiff for the financing of $6,841.00, plus interest, for educational services and benefits to Student at PlaintiWs institution. A copy of Note #1 is attached hereto as Exhibit 5. On or about October 4, 1995, Parents and Student entered into an additional Promissory Note (Note #2) with Plaintiff for the financing of $4,500.00, 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 December 12, 1995, Parents and Student entered into an additional Promissory Note (Note #3) with Plaintiff for the financing of $4,500.00, plus imerest, for educational services and benefits to Student at Plaintiff's institution. A copy of Note #3 is attached hereto as Exhibit 7. The collective principal balance for Note #1, Note #2 and Note #3 is $15,841.00. 8. Note #1, Note #2 and Note #3 grant Plainfiffreasonable collection and attorneys' fees which Plainfiffhas calculated to be $2,376.15. 9. As of July 22, 2003, the principal and interest due and payable by Parents and Student to Plaintiff was $24,410.34, plus interest in the mount of $2.16 per day from July 22, 2003. 10. Parents and Student stopped making monthly payments on Note #1, Note #2 and Note #3 on or about October 9, 2001. 11. As of July 22, 2003, the outstanding balance of $24,410.34 represents the total and actual overdue value of the financing provided to Parents and Student under Note #1, Note #2 and Note #3 for which they have yet to pay. 12. Plaintiff fulfilled, performed and complied with all obligations and conditions of Note #I, Note #2 and Note #3. COUNT I BREACH OF CONTRACT Dickinson College v. Felix A. Roy, MarvAnne Roy and Kevin F. Roy 13. Plaintiff hereby incorporates by reference the averments contained in Paragraphs 1 through 12 of this Complaint. 14. Parents and Student breached the expressed and implied obligations, conditions and terms of agreement of Note #1, Note #2 and Note #3 by failing to pay the amounts financed therein. WHEREFORE, Plaintiff demands judgment against Defendants, Felix A. Roy, MaryAnne Roy, and Kevin F. Roy, in the amount of $24,410.34, plus interest in the amount of $2.16 per day from July 22, 2003, collection and attorneys' fees in the amount of $2,376.15 and costs of suit. COUNT II IN QUANTUM MER UIT Dickinson College v. Kevin F. Roy 15. Plaintiff hereby incorporates by reference the averments contained in Paragraphs 1 through 14 of this Complaint. 16. Having requested Plainfiffto loan money, and doing so to the benefit of Student, Student became liable to Plaintiff for said money. 17. Student has been unjustly enriched by accepting said money without paying Plaintiff reasonable compensation therefor. 18. The total amount by wkich Student has become enriched is $24,410.34, plus interest in the amount of $2.16 per day from July 22, 2003. WHEREFORE, Plaintiff demands judgment against Defendant, Kevin F. Roy, in the amount of $24,4 l 0.34, plus interest in the amount of$2.16 per day from July 22, 2003, collection and attorneys' fees in the amotmt of $2,376.15 and costs of suit. Date: September 16, 2003 MARTSON DEARD~-~F WILLIAMS ~ R. Galloway I.D. No. 87326 Ten East High Street Carlisle, PA 17013-3093 \ (717) 243-3341 Attorneys for Plaimiff & OTTO DICKINSON COLLEGE FLEXIBLE FINANCING SYSTEM - PLAN B E~CA~ONAL GOO~ AND SERVICES RETAIL INSTALLMENT CONTRACT Date November 11, 1993 Seller: Buyer(s): Dickinson College, Carlisle, Pennsylvania 17013-2896 Felix A. and MaryAnne Roy 13 Clamer Avenue Collegeville, PA 19426 If there is more than one Buyer, each of you will be obligated, jointly and severally, for all sums due and for the performance of all agreements as provided in this Contract. Under the terms of this Educational Goods and Services Retail Installment Contract, you have agreed to pay the expenses incurred for goods and services to be provided and rendered, as the case may be, to Keviu F. Roy (hereinafter "Student") during his/her enrollment at Dickinson College during the 1993-94 academic year, including tuition, room and board, books and supplies as herein stated (hereinafter the "Goods and Services"). The Goods and Services shall include only tuition, room and board. II. TERMS OF PAYMENT AND PAYMENT SCHEDULE Disclosures Required by Federal Law ANNUAL PERCENTAGE RATE:* Cost of credit as yearly rate FINANCE CHARGE: Dollar amount credit will cost Buyer 7.00 % $ 3,137.78 AMOUNT FINANCED: Amount of credit provided by Dickinson College $ 6,841.00 TOTAL OF PAYMENTS: Amount paid by Buyer as total of all scheduled payments $ 9,978.78 TOTAL SALE PRICE: Total cost of purchase on credit, in- cluding down payment of $ 15,749.00 $ 22,590.00 Rev 2/92 Buyer's p~men= achedule will be as follows: Number of Payments 138 Amount of Payments $72.31 When Payments are Due Monthly ' until c°mme~;~0b~q/?~/93. *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 1%. The ANNUAL PERCENTAGE RATE will not increase more than once a year, and the new interest rate will become effective on July 1 following the increase, if any, in the prime rate of interest. Any increase will be in the form of higher payment amounts. If your cost of the Goods and Services sold hereunder were $ 6,841.00 at 7.00 % per annum for 138 months, and the prime rate plus 1% were increased to S.00 %, your regular monthly payments would increase to ~5.98 Further, the ANNUAL PERCENTAGE RATE will not increase to more than 1~% or such other rate as may be permitted under the Pennsylvania Goods and Services Installment Sales Act. Late Charge: Prepayment: 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 TEE CONTRACT BELOW FOR ANY ADDITIONAL INFORMATION ABOUT NON-PAYMENT, DEFAULT AND REQUIRED REPAYMENT BEFORE THE SCHEDULED DATE FOR REPAYMENT OF THE AMOUNT FINANCED. III. ITEMIZATION OF AMOUNT FINANCED 1. Cash price of Goods and Services: $ 22,590.00 2. Total down payment: 15,749.00 3. Unpaid balance of cash price (1 - 2): 6,841.00 4. Amount paid to others on Buyer's behalf: 0 5. Amount Financed (3 + 4): $ 6,841.00 IV. CREDIT INSURANCE Credit life ir~sura~ce, fo~ tbs term ~f this Contract is mt required~. V. NO WARRANTIES THERE ARE NO W~W3t%NTIES, EITHER EXPRESSED OR IMPLIED, GIVEN BY SELLER IN CONNECTION WITH SALE OF THE GOODS AND SERVICES COVERED BY THIS CONTRACT UNLESS BUYER HAS BEEN GIVEN A SEPARATE WRITTEN WARRANTY. VI. ADDITIONAL PROVISIONS Buyer agrees to pay Seller the Total Sale Price by making the total down payment and paying Seller the Total of Payments in the nut,her and ~mount of monthly payments shown in the Payment Schedule. Payments are due on or before the same date of each month as the first payment date. Payments must be made to First Wachovia, Inc. at the following address: First Wachovia, Inc. P.O. Box 70095 Charlotte, NC 28272-0095 Buyer's legal rights include the right to pay all or part of the amounts due on this Contract in advance of their due dates, to obtain a refund or credit of unearned Finance Charge whenever the amount is paid in full in advance, and (with Seller's consent) to reinstate the Contract if Buyer timely cures any default. Buyer shall be deemed to have co~u~itted an "Event of Default" of the Contract upon the occurrence of any of the following: (a) failure to make any payment on or before the date it is due, (b) failure to make a payment on any other Contract outstanding with Seller, (c) failure to perform any other provision of the Contract, (d) providing Seller with false information or signatures, (e) death, incompetence, or conviction of any Buyer of crime involving fraud or dishonesty, (f) insolvency or bankruptcy of any Buyer. 5o 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. 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. This Contract is freely assignable by Seller. Buyer agrees that upon receiving notice of the assignment Buyer shall be obligated to the Assignee of this Contract, which Assignee shall have all of Seller's right and remedies. If any part of this Contract is held to be illegal, void or unenforceable, that provision shall be deemed not to have been a part of this Contract, which shall otherwise remain fully effective. APPLICABLE LAW: This Agreement, whenever called upon to be construed, shall be governed by the domestic internal laws of the Commonwealth of Pennsylvania except to the extent supplemented, superseded or preempted by federal law. CONSENT TO JURISDICTION, VENUE AND SERVICE: The parties to this Agreement conaent and agree that all legal proceedings relating to the subject matter hereof sha~ be m~i~in ~ of Com.~ PI~ of Cumberland Coun~. 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 W~ICH 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 RAVE THE RIGHT TO PAY OFF IN ADVANCE THE FULL AMOUNT DUE AND UNDER CERTAIN CONDITIONS TO OBTAIN A PARTIAL REFUND OF THE FINANCE CHARGE. BUYER(S) ACKNOWLEDGE(S) RECEIVING A COMPLETED COPY OF THIS CONTRACT AND INTEND(S) TO BE LEGALLY BOUND BY IT~ ,TERMS~. ~ 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~.-~E: STUDENT COSIGNER TRANSCRIPT OF A STUDENT'S~ECORD WILL NOT BE RELEASED IF LOAN PAYMENTS TO THE CO?,T.mGE A~E IN AI~REARS OR DEFAULT. DATE: DICKINSON COLLEGE DI~T~SOH ~n~n~mF~Tmn~I2/ANCING SYSTEM - PLAN B EDUCATIONAL GOODS AND SERVICES RETAIL INSTALLMENT CONTRACT October 4, 1995 Seller: Suyer(s): Dickinson College, Carlisle, Pennsylvania 17013-2896 Felix A. & Mary Anne Roy 13 Clamer Ave. Collegeville, PA 19426 If there is more than one Buyer, each of you will be obligated, jointly and severally, for all sums due and for the performance of all agreements as provided in this Contract. Under the terms of this Educational Goods and Services Retail Installment Contract, you have agreed to pay the expenses incurred for goods and services to be provided and rendered, as the case may be, to Kevin Roy (hereinafter "Student") during his/her enrollment at Dickinson College during the 1995-1996 academic year, including tuition, room and board, books and supplies as herein stated (hereinafter the "Goods and Services"). The Goods and Services shall include only tuition, room and board. II. TERMS OF PAYMENT AND PAYMENT SCHEDULE Disclosures Required by Federal Law ANNUAL PERCENTAGE RATE:* Cost of credit as yearly rate FINANCE CHARGE: Dollar amount credit will cost buyer AMOUNT FINANCED: Amount of credit provided by Dickinson College 10.00 % $ 2,537.72 $ 4,500.00 TOTAL OF PAYMENTS: Amount paid by Buyer as total of all scheduled payments $ 7,037.72 TOTAL SALE PRICE: Total cost of purchase on credit, including down payment of $ 20,370.00 $ 24,870.00 Rev 2/92 Euyer's payment schedule w£11 be as follows= Roy Number of Payments 116.00 Amount of Payments When Payments are Due $ 60.67 Monthly commencing 09/28/95 until 05/28/05 *Variable Rate= The ~.NNUAL PERCENTAGE RATE disclosed above is a variable rate and may change. The ANN-dAL PERCENTAGE RATE may increase during the term of this transaction if the prime rate of interest announced in the Wall Street Journal as of the close of business on June 30 of each calendar year increases, and will be increased to the prime rate plus 1%. The ANNUAL PERCENTAGE RATE will not increase more than once a year, and the new interest rate will become effective on July 1 following the incrsase, 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 $4,500.00 at 10.00% per annum for 116.00 months and the prime rate plus 1% were increased to 11.00%, your regular monthly payments would increase to $63.17. Further, the ANNUAL PERCENTAGE ~ATE 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 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 and 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 art, without penalty. SEE SECTION VI OF THE CONTRACT BELOW FOR ANY ADDITIONAL INFORMATION ABOUT NON-PAyMENT, DEFAULT AND REQUIHED REPAYMENT BEFORE THE SCHEDULED DATE FOR REPAYMENT OF THE AMOUNT FINANCED. III. ITEMIZATION OF AMOUNT FINANCED 1. Cash price of Goods and Services: $ 24,870.00 2. Total down payment: 20,370.00 3. Unpaid balance of cash price (1 - 2): 4,500.00 4. Amount paid to others on Buyer's behalf: - 0 - 5. Amount Financed (3 + 4): $ 4,500.00 IV. CREDIT INSURANCE Credit l~fe inmu=ance fo= the term of this Contract is not required. V. NO WARRANTIES THERE ARE NO WARRANTIES, EITHER EXPRESSED OR IMPLIED, GIVEN BY SELLER IN CONNECTION WITH SALE OF THE GOODS AND SERVICES COVERED BY THIS CONTRACT UNLESS BUYER HAS BEEN GIVEN A SEPARATE WRITTEN WARRANTY. VI. ADDITIONAL PROVISIONS Buyer agrees to pay Seller the Total Sale Price by making the total down payment and paying Seller the Total of Payments in the number and amount of monthly payments shown in the Payment Schedule. Payments are due on or before the same date Of each month as the first payment date. Payments must be made to Eduserv Technologies, Inc. at the following address: Eduserv Technologies, Inc. P.O. Box 64974 St. Paul, MN 55164-0974 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 perform any other provision of the Contract, (d) providing Seller with false information or signatures, (e) death, incompetence, or conviction of any Buyer of crime involving fraud or dishonesty, (f) insolvency or bankruptcy of any Buyer. Upon or after the occurrence of any Event of Default, Seller will provide Buyer with notice, by certified mail as required by law, addressed to Buyer's last known address as shown on Seller's records, advising Buyer of the default and of Buyer's right to cure the default. The notice will provide bhe time, amount and performance necessary to cure the default. If Buyer does not sure the default as provided in the notice, Seller's rights shall include the right to declare all sums due on the Contract to be immediately due and payable. The Buyer agrees to pay all attorney's fees and other reasonable collection costs and charges necessary for the collection of any amount not paid when due. Waiver by Seller of any Event of Default shall not be binding upon Seller if Seller should thereafter choose to exercise that or any other right or a similar Event of Default occurs later. All Seller's rights and remedies shall be cumulative. Seller's exercise of one or more rights shall not cause Seller to lose any other rights. This Contract is freely assignable by Seller. Buyer agrees that upon receiving notice of the assignment Buyer shall be obligated to the Assignee of this Contract, which Assignee shall have all of Seller's right and remedies. If any part of this Contract is held to be illegal, void or unenforceable, that provision shall be deemed not to have been a part of this Contract, which shall 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 extent supplemented, superseded or preempted by federal law. CONSENT TO JURISDICTION, VENUE AND SERVICE: .The parties to this Agreement consent and agree that all legal proceedings relating to the subject matter hereof s/~l~be m~i-~-i~c%iA th~ C~u=~ of common Pleas of.C~mberland 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. 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 OSTAINED PURSUANT HERETO OR WITH THE PROCEEDS HEREOF. RECOVERY HEREUNDER BY THE DEBTOR SHALL NOT EXCEED AMOUNTS PAID SY THE DEBTOR HEREUNDER. NOTICE TO BUYER: (1) DO NOT SIGN THIS AGREEHENT 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 C~%~GE. BUYER(S) ACKNOWLEDGE(S) RECEIVING A COMPLETED COPY OF THIS CONTRACT AND INTEND(S) TO BE LEGALLY BOUND BX-~ITS_ TER~S. A / I AGREE TO REPAY ALL AMOUNTS DUE ON THIS LOAN IF THE BORROWER(S)/SUYER(S) FAILS TO DO SO IN ACCORDANCE WITH[ TERMS OF THE~ TRANSCRIPT OF A S~UDEN~'B\RECORD WIlL NOT BE RELEASED IF LOAN FAI~4EA~S TO THE COI~LEGE ~ IN ARREARS OR DEFAUL~ · DATE: DICKINSON COLLEGE BY 4 DI(~INSO~ cOUraGE FT~X~ FINANCING SYSTEM - PLAN B EDUCATIONAL ~ AN~'~E~VICES RETAIL INSTALLMENT CONTRACT December 12, 1995 Seller= Buyer(s)= Dickinson College, Carlisle, Pennsylvania 17013-2896 Felix A. & Mary Anne Roy 13 Clamer Ave. Collegeville, PA 19426 If there is more than one Buyer, each of you will be obligated, jointly and severally, for all sums due and for the performance of all agreements as provided in this Contract. Under the terms of this Educational Goods and Services Retail Installment Contract, you have agreed to pay the expenses incurred for goods and services to be provided and rendered, as the case may be, to Kevin Roy (hereinafter "Student") during his/her enrollment at Dickinson College during the 1995-1996 academic year, including tuition, room and board, books and supplies as herein stated (hereinafter the "Goods and Services"). The Goods and Services shall include only tuition, room and board. II. TERMS OF PAYMENT AND PAYMENT SCHEDULE Disclosures Required by Federal Law ANNUAL PERCENTAGE RATE:* Cost of credit as yearly rate FINANCE CHARGE: Dollar amount credit will cost buyer AMOUNT FINANCED: Amount of credit provided by Dickinson College TOTAL OF PAYMENTS: Amount paid by Buyer as total of all scheduled payments TOTAL SALE PRICE: Total cost of purchase on credit, including down payment of $ 20,370.00 10.00 % $ 2,439.52 $ 4,500.00 $ 6,939.52 $ 24,870.00 2 Buyer's payment schedule will be as follows: Rev 2/92 Number of Payments 112 Amount of Payments When Payments are Due $ 61.96 Monthly commencing 1/28/96 until 05/28/05 *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 ae of the close of buainess on June 30 of each calendar year increases, and will be increased to the prime rate plus 1%. The ANNUAL PERCENTAGE RATE will not increase more than once a year, and the new interest rate will become effective on July I following the increase, if any, in the prime rate of interest. Any increase will be in the form of higher payment amounts. If your cost'of the Goods and Services sold hereunder were $4,500.00 at 10.00% per annum for 112 months and the prime rate plus 1% were increased to 11.00%, your regular monthly payments would increase to $64.44. Further, the ANNUAL PERCENTAGE RATE will not increase to more than 18% or such other rate as may be permitted under the Pennsylvania Goods and Installment Sales Act. Services 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 and not leee 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 part, without penalty. SEE SECTION VI OF TH~ CONTRACT BELOW FOR ANY ADDITIONAL INFORMATION ABOUT NON-PAYMENT, DEFAULT AN~ REQUIRED REPAYMENT BEFORE THE SCHEDULED DATE FOR REPAYMENT OF THE AMOUNT FINANCED. III. ITEMIZATION OF AMOUNT FINANCED 1. Cash price of Goods and Services: $ 24,870.00 2. Total down payment: 20,370.00 3. Unpaid balance of cash price (1 - 2): 4,500.00 4. Amount paid to others on Buyer's behalf: - 0 - 5. Amount Financed (3 + 4): $ 4,500.00 2 IV. CREDIT ~NSURANCE Credit lfFe f~a~ce fo= the term of this Contract ie~ not required. v. NO WARRANTIES THERE ARE NO WARRANTIES, EITHER EXPRESSED OR IMPLIED, GIVEN BY SELLER IN CONNECTION WITH S~LE OF THE GOODS AND SERVICES COVERED BY THIS CONTRACT UNLESS BUYER HAS BEEN GIVEN A SEPARATE WRITTEN WARRANTY. 4o VI. ADDITIONAL PROVISIONS 5o Buyer agrees to pay Seller the Total Sale Price by making the total down payment and paying Seller the Total of Payments in the number and amount of monthly payments shown in the Payment Schedule. Payments are due on or before the same date of each month as the first payment date. Payments must be made to Eduserv Technologies, Inc. at the following address: Eduserv Technologies, Inc. P.O. Box 64974 St. Paul, MN 55164-0974 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 perform any other provision of the Contract, (d) providing Seller with false information or signatures, (e) death, incompetence, or conviction of any Buyer of crime involving fraud or dishonesty, (f) insolvency or bankruptcy of any Buyer. Upon or after the occurrence of any Event of Default, Seller will provide Buyer with notice, by certified mail as required by law, addressed to Buyer's last known addres~ a~ shown cn Eeller'~ 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. 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. This Contract is freely assignable by Seller. Buyer agrees that upon receiving notice of the assignment Buyer shall be obligated to the Assignee of this 3 Contract, which Assignee shall have all of S~ller's right and remedies. If any part of~this Contract is held to be ilIegal, void or unenforceable, that provision shall be deemed not to have been a part of this Contract, which shall otherwise remain fully effective. ~PPLIC~RLE 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 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 re_quested, directed to the respective ~arty 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 HEAD 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 C~ARGE. BUYER(S) ACKNOWLEDGE(S) RECEDING A COMPLETED COP/Y~ THIS CONTRACT AND INTEND(S) BUYER ( S ). AGREE TO REPAY ALL AMOUNTS DUE ON THIS LOAN IF THE BORROWER(S)/BUYER(S) FAILS .o STUDENT COSIGNER TRANSC2~IPT OF A STUDENT'S RECORD WILL NOT BE ~ELEASED IF LOAN PAYMENTS TO ~HE CO?.T.W-~E ARE IN ARREARS OR DEFAULT. DATE: DICKINSON COLLEGE 4 VERIFICATION I, THOMAS MEYER, Assistant Treasurer of Dickinson College, acknowledge that I have the authority to execute this Verification on behalf of Dickinson College and certify that the foregoing Complaint is based upon information which has been gathered by my counsel in the preparation of this lawsuit. The language of this Complaint is that of counsel and not my own. I have read the document and to the extent that this Complaint is based upon information which I have 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 unswom falsification to authorities, which provides that if I knowingly make false averments, I may be subject to cdminal penalties. Dated: September 16, 2003 Dickinson College Th~~'''~- Assistant Treasurer of Dickinson College SHERIFF'S RETURN - CASE NO: 2003-04911 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERI-J~D DICKINSON COLLEGE VS ROY FELIX A ET AL OUT OF COUNTY R. Thomas Kline duly sworn accordilng to law, and inquiry for the within named DEFENDANT ROY FELIX A but was unable to locate Him in his bailiwick. deputized the sheriff of MONTGOMERY 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 October 7th , 2003 attached return from MONTGOMERY Sheriff's Costs: Docketing 18.00 Out of County 9.00 Surcharge 10.00 Dep Montgomery Co 63.00 .00 100.00 10/07/2003 MDW&O Sworn and subscribed to before me this /$e day of ~ ~0c~ A.D. ~; Prothonotary' ' this office was in receipt of the R. THomas Kline Sheriff of Cumberland County SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2003-04911 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DICKINSON COLLEGE VS ROY FELIX A ET AL R. Thomas Kline duly sworn according to law, and inquiry for the within named DEFENDANT , ROY M3tRYAAINE but was unable to locate Her in his bailiwick. deputized the sheriff of MONTGOMERY 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 October 7th , 2003 , attached return from MONTGOMERY Sheriff's Costs: Docketing 6.00 Out of County .00 Surcharge 10.00 .00 .00 16.00 10/07/2003 MDW&O Sworn and subscribed to before me this 7~% day of ~ A.D. Prothonota~ ' this office was in receipt of the So answer~~ ~ ...... i j--~2~ Sheriff of Cumberland County SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2003-04911 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DICKINSON COLLEGE VS ROY FELIX A ET AL Thomas Kline Ro duly sworn according to law, says, that he made and inquiry for the within named DEFENDANT ROY KEVIN F but was unable to locate Him in his bailiwick. deputized the sheriff of MONTGOMERY County, serve the within COMPLAINT & NOTICE Sheriff or Deputy Sheriff who being a diligent search and , to wit: He therefore Pennsylvania, to On October 7th , 2003 , attached return from MONTGOMERY Sheriff's Costs: Docketing 6.00 Out of County .00 Surcharge 10.00 .00 .00 16.00 10/07/2003 MDW&O Sworn and subscribed to before me this /~ day of 0~ A.D. Prothonot&r~ ' this office was in receipt of the So answers~ --~'-2 R. Thomas Kline Sheriff of Cumberland County R. THOMAS KLINE Shedff EDWARD L. SCHORPP Solicitor OFFICE OF THE SHERIFF One Cou~house Square Carlisle, Pennsylvania 17013 RONNY R. ANDERSON Chief Deputy JODY S. SMITH Real Estate Deputy TO: Dear Sir: Hon. John P. Durante Sheriff of Montgomery Co' Courthouse P.o. Box 311 Norristown, PA 19404-0268 RE: 2003-4911 Civil Dickinson C~llege CFelix v~. Roy, ~aryanne ~Kevin F. Roy 13 Clamer Ave Collegeville~ PA 19426 Enclosedpl~asefmd Notice & Complaint to beservedupon ~C)Felix m. Ro?,~' ar~'anne Roy an~Kevin 13 Clamer Ave, Collegeville, PA 19426 F. Roy Roy & in your County. PERSON SERVED __ !iHE OF SERVICE DATE OF SERVICE NUMBER OF ATTEMPTS DEPUTY DEPUTY "~ Very truly yours~ _ . ' R. Thomas Kline, Sheriff Cumberland County, Permsylvania In The Cour~ of Common Pleas of Cumberland County, Pennsylvania Dickinson College VS. Felix A. Roy, et. al. Serve: Felix A. Roy No. ?OOq-AO11 Civil Now, 9/19/03 hereby deputize the Sheriff of Montgomery , I, SHERIFF OF CUMBERLAND COUNTY, PA, do County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA Now, upon at by handing to a and made known to Affidavit of Service ,20 ,at o'clock copy of the original So answers, M. served the the contents thereof. Sworn and subscribed before me this day of ,20 Sheriff of County, PA COSTS SERVICE MILEAGE AFFIDAVIT R, THOMAS KLINE Sheriff EDWARD L SCHORPP Solicitor ,~.,:,'.-:.~.. ._., OFFICE OF THE SHERIFF One Courthouse Square Carlisle, Pennsylvania 17013 RONNY R. ANDERSON Chief Deputy JODY S. SMITH Real Estate Deputy TO: Dear Sim. · Enclosed please fred to b~ served upon 13 Clamor Hon. John P. Durante Sheriff of Montgomery Co Courthouse P.o. Box 311 Norristown, PA 19404-0268 RE: 2003-4911 Civil Dickinson C%llege ~x~Felix m. Roy, ~aryanne ~)Kevin F. Roy 13 Clamer Ave Collegeville, PA 19426 Notice & Complaint ~(0'Felix A. Roy,~aryanne ROV n Kevin F. Ave, Collegeville, PA 19426 Roy Roy & in your County. ;.RSON SERVED _~//~- ELATION / POSITION LACE OF SERVICE /~ it',E OF SERVICE ' &) - ,ATE OF SERVICE ~- /[- .... ]EPUTY _ - - Very truly yours, . R. Thomas I(lin¢, Sheriff Cumberland County, Pennsylvama In The Court of Common Pleas of Cumberland County, Pennsylvania Dickinson College VS. Felix A. Roy, et. al. Serve: Maryanne Roy No. 200~-~q11 Civil 9/19/03 Now, hereby deputize the Sheriff of Montgomery deputation being made at the request and risk of the Plaintiff. SheriffofCumberland County, PA , I, SHERIFF OF CUMBERLAND COUNTY, PA, do County to execute this Writ, this Now, upon at by handing to a and made known to Affidavit of Service ,20 , at o'clock copy of the original So answers, M. served the the contents thereof. Sworn and subscribed before me this day of ,20 Sheriff of County, PA COSTS SERVICE MILEAGE AFFIDAVIT R, THOMAS KLINE Sheriff EDWARD L. SCHORPP Solicitor OFFICE OF THE SHERIFF One Courthouse Square Carlisle, Pennsylvania 17013 RONNY R. ANDERSON Chief Deputy JODY S, SMITH Reap Estate Deputy TO: Dear Sir: Hon. John P. Durante Sheriff of Montg.omer~ Co Courthouse P.o. Box 311 Norristown, PA ·19404-0268 1~: 2003-4911 Civil Dickinson Co~l leg_e ~KF v~. Roy, ~aryanne 13 Clamer Ave Collegeville, PA 19426 · Knclosedplcascfmd Notice & Complaint 13 Clamer Ave, Collegeville', PA 19426 F. Roy$9~3 Roy & in your County. :RSON' SERVED ~/'~ ~U~ER OF ATTEMPTS ]EPUTY Very ' R. Thomas Kline, Sheriff Cumberland County, Pem~sylvanm In The Court of Common Pleas of Cumberland County, Pennsylvania Dickinson College VS. Felix A. Roy, et. al. Serve: Kevin F. Roy No. 200~-Aqll Civil Now, 9/19/03 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriffof Montgomery County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA NOW, within upon at by handing to a and made known to Affidavit of Service ,20 ,at o'clock copy of the original So answers, M. served the the contents thereof. Sworn and subscribed before me this __ day of ,20 Sheriff of COSTS SERVICE MILEAGE AFFDAVIT County, PA SHERIFF'S RETURN PROTHONOTARY Z- 4045 DEFENDANT: Felix A. Roy, Maryanne Roy, Kevin F. Roy DOCUMENT SERVED: Civil INDIVIDUAL SERVED: Felix Roy RELATIONSHIP TO DEFENDANT: Defendant, Husband, Father DATE AND PREVAILING TIME: Sept. 26, 2003 ~ 6:40 LOCATION: 13 Clamer Ave., Collegeville, PA Sept. 30, 2003 Notary Public~ Sheriff of Montgomery County Deputy Sheriff Klass DICKINSON COLLEGE, : Plaimiff : FELIX A. ROY, MARYANNE ROY : and KEVIN F. ROY, : Defendants : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-4911 CWIL ACTION-LAW JURY TRIAL OF TWELVE DEMANDED PRAECIPE TO DISCONTINUE Plaintiff requests the above-captioned matter be discontinued without prejudice. M TSON David R. Galloway, Esq~-r~e I. D. Number 87326 Ten East High Street Carlisle, PA 1'7013 (717) 243-3341 & OTTO Date: November 18, 2003 Attorneys for Plaintiff CERTIHCATE OF SERVICE I, Nichole L. Myers, an authorized agent for Martson Deardorff Williams & Otto, hereby certify that a copy of the foregoing Praecipe was served this (late by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Mr. and Mrs. Felix A. Roy Mr. Kevin F. Roy 13 Clamer Avenue Collegeville, PA 19426 MARTSON DEARDORFF WILLIAMS & OTTO Nichole L. Myers Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: November 18, 2003