HomeMy WebLinkAbout03-5719DICKINSON COLLEGE,
Plaintiff
THEDA KELL,
a/k/a THEDA DENNISON,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. X"7/ ddJ
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 fights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET
FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP:
Cumberland County Bar Association
32 South Bedford Street
Carlisle, Pennsylvania 17013
Telephone (717) 249-3166
Date:
David R. Galloway, Egquire
I,D. No. 87326
Ten East High Street
Carlisle, PA 17013
(717) 243-3341
Attorneys for Plaintiff
&O~O
DICKINSON COLLEGE,
Plaintiff
THEDA KELL,
a/k/a THEDA DENNISON,
Defendant
1N THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. ~3" .5"qlq
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. 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. Defendant, Theda Kell, a/k/a Theda Dennison, (hereinafter "Parent'), is an adult
individual with a last known address of 175 Latharn Drive, Griswold, New London County, Connecticut
06351.
3. On or about January 10, 1983, Parent entered into a Promissory Note (Note #1) with
Plaintiff for the financing of $2,500.00, plus interest, for educational services and benefits to her son,
Kenneth Kell, at PlainfiWs institution. A copy of Note gl is attached hereto as Exhibit "A."
4. On or about September 27, 1983, Parent entered into an additional Promissory Note (Note
#2) with Plaintiff for the financing of $7,000.00, plus interest, for educational services and benefits to her
son, Kenneth Kell, at Plaintiff's institution. A copy of Note #2 is attached hereto as Exhibit "B."
5. On or about October 31, 1984, Parent entered into an additional Promissory Note (Note
#3) with Plaintiff for the financing of $7,000.00, plus interest, for educational services and benefits to her
son, Kenneth Kell, at Plaintiff's institution. A copy of Note #3 is attached hereto as Extfibit "C."
6. on or about August 12, 1985, Parent entered into an additional Promissory Note (Note
~4) with Plaintiff for the financing of $7,000.00, plus interest, for educational services and benefits to her
son, Kenneth Kell, at Plaintiff's institution. A copy of Note ~4 is attached hereto as Exhibit "D."
7. The collective principal for Note #1, Note #2, Note #3, and Note g4 is $23,500.00.
8. Note #I, Note #2, Note #3, and Note ~ grant Plaintiff reasonable collection and
attorneys' fees which Plainfiffhas calculated to be $3,525.00.
9. As of August 18, 2003, the principal and interest due and payable by Parent to Plaintiff
was $36,214.48 with interest accruing thereafter in the mount of $2.49 per day.
10. Parent stopped making monthly payments on Note #1, Note #2, Note #3, and Note #4
on or about February 4, 2000.
11. As of August 18, 2003, the outstanding balance of $36,214.48 represents the total and
actual overdue value of the financing provided to Parent under Note # 1, Note #2, Note #3, and Note ~4
for which she has yet to pay.
12. Plaintiff fulfilled, performed and complied with all obligations and conditions of Note
#1, Note #2, Note #3, and Note #4.
COUNT I
BREACH OF CONTRACT
13. Plaintiff hereby incorporates by reference the averments contained in Paragraphs 1
through 12 of this Complaint.
14. Parent breached the expressed and implied obligations, conditions and terms of
agreement of Note #1, Note #2, Note #3, and Note g4 by failing to pay the amounts financed there'm.
WHEREFORE, Plaintiff demands judgment against Defendant, Theda Kell, a/k/a Theda
Dennison, in the amount of $36,214.48, plus interest thereafter in the amount of $2.49 per day, collection
and attorneys' fees in the amount of $3,525.00 and costs of suit.
Date:
~M~. TSON DEARDORFF WILLIAMS
I.D. No. 87326 ~
Ten East High Street
Carlisle, PA 17013-3093
(717) 243-3341
Attorneys for Plaintiff
& OTTO
EUUCATIONAL GOODS AND SERVICES R~TAIL INSTALLMEUT CONTRACT
Dated 0anuary 10 , 19~2, 1983
Seller: Dickinson College, Carlisle, Pennsylvania 17013.
Buyer: Kell, Stanley
Name(s)
30t Beech Ave.; L~nwood. NJ 08221
Place of Residence
If there is more than one Buyer each of you will be obligated, ]oimtly and
severally.,for ali sums due and for the performance of all agreements as pro-
vided in this Contract.
and hna~d.
II. TEP~S OF pAyMeNT AND PAYMENT SC%4EDULE
Disclosure~ Required by Federal Law
meat: ~3% $ ?.767.~4 $ 9,~Q~-flfl $ 4,767,1~ $ ~:dq~. Q0
D~ring r~pay-
I 1 18.06
39 27.08
72
50.18
When ?aymen~s Are Due
monthly commencing 0a~. 31, 1DS 3,
~.til .,April,3Q 19~_, or ~uch ti~'e
Dickinson (or in an approved full~
whichever is earlier.
m~nrhly commencing , May 30 , 19~_,,
enrolled at Dickimson (or in an ap-
proved ~ull-~ime off-ca~pus program
o~ Studies), whichever is earlier.
SEE SECTION VI OF THE CONTRACT BELOW FOR ANY ADDITIONAL INFORMATION ABOUT
NONPAYMENT, DEFAULT AND REQUIRED R~PAYMENT BEFORE THE SCHEDULED DAT~ FOR
REPAYMENT OF THE AMOUNT FINANCED.
t. Cash price of Good~ and Services: $ 8,995.00
2. Total down payment: ($ 6,495.00)
3. Unpaid balance of cash price (I - 2): $ 2,500
4, Amount paid to others on Buyer's behalf: $ 0.00
5. Amount financed (3 + 4): $ 2,600.00
EXHIBIT "A"
VI. ADDITIONAL PROVISIONS
3. Buyer shall be deemed to have committed an "Event cf Default" of
the Contract upon the occurrence of any of the following:
(a) fa{lure Co make any payment on or befor~ the date it is
due;
(b) failure Co perform any other provision of the Contract;
4. Upon or after the occur:once 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, advlsln~ Buyer
5. Waiver by Seller of any Event of Default shall hOC be binding upon
Seller if Seller should thereafter choose Co exercise that or any other
right or a similar Event of Default occurs la:er. All Seller's rights and
remedies shall be cumulative. Seller's exercise of one or more rights shall
not cause S~ller to lo~e any ocher rights.
6. This contract is freely assignable by Seller. Buyer agrees that
upoa receiving no:icc of the assignment Buyer ~hall be obligated :o ~he
ass£gnee of this Contract, which assignee shall have all of Seller's rights
and remedies.
7. If any part of chis Contract is held to be illegal, void Or unen-
forceable thaC provision shall be deemed not to have been a parc of chis
Contract, which shall otherwise remain fully effective.
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8. The laws of the Commonwealth of Pennsylvania shall apply to this
Contract except to the extent supplemented, superseded or preempted by
federal law.
NOTICE - ANY HOLDER OF THIS CONSUMER CREDIT CONTRACT IS SUBJECT TO ALL
CLAIMS A~D DEFENSES W~ICR THE DEBTOR COULD ASSERT AGAINST THE SELLER OF
GOODS OR SERVICES OBTAINED PURSUANT HERETO OR WITH TEE PROCEEDS HEREOF.
RECOVERY HEREUNDSR BY TIlE DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY TEE
DEBTOR MSB~UNDER,
NOTICE TO BUYER: (1) DO NOT SIGN THIS AGREEMENT BEFORE YOU READ IT OR IF
IT CONTAINS ~ BLANK SPACE. (2) YOU ARE RNTITLED TO A COMPLETELY
FILLED-IN COPY OF THIS AGEB~NT. (3) UNDER TEE LAW YOU DAVE THE RIGHT TO
PAY OFF IN ADVANCE TEE FULL AMOUNT DUE AND UNDER CERTAIN CONDITIONS TO
OBTAIN A PARTIAL R/~FUND OF T~E FINANCE CHARGE.
ATTEST:
D~CKINSOH COLLEGE
-3-
semester of acmdemi¢ year I983_-198~, includ{ng tuition, room and board, books
II. TERMS OF PAYHENT AND PAYMENT SCHEDULE
D{$cl0mures Required by Federal Law
FINANCE AHOUNT FINANCED: TOTAL OF TOTAl
5,696.26 $ 7,000.00 $ 12.696-26 $ 3.215.0Q
$ 10,215.00
April 30. ,x~x 1995.
P~epay~enct
The ANNUAL pERCEUTACE RATE disclosed above is a variable race
and m{y ch{nge. The ANNUAL PERCENTACE RATE may increase during
12~,~-~or reguIar monthly pmyment$ ~ou[d incremse to
$1.00) will be ch~uged,
Buyer ~ay prepay the Toc~l of ?aymenCs, in full or in ?~rt
8/83
EXHIBIT "B"
2. Total down paymemt: ($ 3,215.00 )
3. Unpaid balance of cash price (1 - 2): $ 7,000.00
4. Amount paid to otherm on Buyer's behalf: $ 0.00
$. Amount financed (3 + 4): $ 7,000.00
IV. CREDIT INSURANCE
CREDIT LIFE INSURANCE FOR THE TERM OF THIS CONTRACT IS REQUIRED and may be
Buyer desirem to obtain credit
life insurance through Seller costing
Insured Buyer s Age: ~
Slgn~Insurer: 'ladalphfa~ - "L' '~nce
Company
NOTICE OF PROPOSED CREDIT INSURANCE
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1. Buyer agrees to pay Seller cbc Total of Payments by makiug the Total
Dow~ payment and paying Seller the Total of ~ayments in the number and amount
of monthly payments sbow~ i~% tBe Payment Schedule. Payme~lts are due on or
before the same day of each month as ~he first payment date. Payments must
be made to Industrial Valley Bank at the following address:
Industrial Valley Bank
P. O. Box 433
Upper Derby, Pennsylvania 19082
2. Buyer's legal rights imeluda 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 umearned Finance Charge whenever the amount due is paid in full in
advance, and (with Seller's consent) to reinstate the Contract if Buyer timely
cures any default.
3. Buyer shall be deemed to have committed an "Event of Default" of the
(a) failure to make any payment on or before the date it is due;
(b) failure to perform any other provision of the Contract;
(c) providing Seller with false information or signatures;
(d) death or incompetence or conviction of any Buyer of crime
crime involving fraud or disbol~esty;
(e) insolvency of any Buyer.
4. Upon or after the occurrence of any Event of Default~ Seller wilt
provide Buyer with notice, by certified mail as required hy law, addressed to
default and of Buyer's right to cure the default. The notice wiii provide the
time, amount and performance necessary to ~ure the default. If Buyer(s) do(es)
not cure the default as provided in the notice~ Seller's righgs shall include
the right to declare all sums due on the Contract to be immediately du~ amd
payable.
5. Waiver by Seller of any Event of Defa~lt sb~ll not be binding upon
S~iler if Seller should thereafter choosm to exercise that or any other ~ight
or a similar Event of Default occurs later. All Seller's rights amd remedies
6. This contract is freely assignable by Seller. Buyer agrees tbat ~pon
receiving notice of the assignment Buyer shall be obligaged to the assignee
of this Contract, which assignee shall have all of Seller's rights and remedies,
7. £f any part of this Contract is held to be illegel, void or unenforceable
that provision shll be deemed not to have b~en a part of this Contract, which
shall otherwise remain fully effective.
8. The laws of the Commonwealth of Pennsylvania shall apply co this Contract
9. 1'bls Contract s!ml] be b~nding upon the parties hereto, their heirs,
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8/83
DATE:
DI~INSON COLLEGE
8/83
DICKINSON COLLEGE FLEXIBLE FINANCING SYSTEM - 7000 PLAN
EDUCATIONAL GOODS A~ND SERVICES RETAIL INSTALLMENT CONTRACT
Date October 1, 1984
Seller: Dickinson College, Carlisle, Pennsylvania 17013
Buyer(s): Stanley and Theda Kall
· '301 Beech Avenue, Linwood, NJ 08221
If there is more than one Buyer, each of you will be obligated, jointly .
and severally, for ali sums due and for the performance of all agreements as
provide~ in this Contract.
Under the terms of this Educational Goods and Services Retail Install-
ment Contract, you have agreed ~o pay the expenses incurred for goods and
services to be provided and rendered, as the case may be, to Kenneth
(hereinafter 'S~udent") during his/her enrollment a:
Dickinson College during the 1984-85 academic year, including
tuition, room and board, books and supplies as herein stated (hereinafter the
'Goode and Services").
The Goods amd Services shall include only the following: Tuition and
room and board
II. TERMS OF PAYM/~NT AND PAYMEiqT SCHEDULE
Disclosures Required by Federal Law
AiYNUAL
PEP, C~AGE
RATE:*
Cost of credit
as yearly rats
13.999 %
FINANCE AMOUNT FINANCED: TOTAL OF TOTAL SALE
C17~%3,CE: Amcunt of credit PAYMES.~2S: PRICE:
Dollar amount provided by Amoun~ paid Total cost of
credit will Dickinson College by Buyer as purchase on
cost Buyer ~otal of all credit, in-
scheduled cluding down
payments paymen~ of
$ 4.040.0fl
$ 6~455.65
$ 7,000.00
$13,455,65
$ 11,040.00
EXHIBIT "C"
Buyer's payment schedule will be as follows:
Number of Payments
127
Amount of Payments
105.95
Whe~ Payments Are Due
Monthly commencing November 1, 1984
until May t, 1994
*Variable Rate:
Late Charge:
Prepayment:
The ANNUAL PERCEi~AGE RATE disclosed above iq a variable rate
and may change. The ANNTJAL PERCENTAGE RATE may increase during
the term of this transaction if the prima 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 ~o the prime rate plus 1%. The ANIqUAL PERCENTAGE
RATE will not increase more than once a year, and the new
interest rata will become effective on July 1 following the
increase, if any, in 5he prime rate of interest. Any increase
will be in the form of higher payment amounts. If your cost
of the Goods and Services sold hereunder were $7,000.00
at 14 % per annum for 127 months, and the prime rata plus
1% were increased to 15'.or, your regular monthly paymeats
would increase to $ 110.26 Further, the ANNIIAL
CENTAGE RATE will not increase to mere than 28% or such other
rage as may be permitted under the Pennsylvania Goods and
Services installment Sales Act.
If a payment is more than i5 days lace, a sum equivalent to
5% of [ha 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 CH~kRGE due through the da:e of early payment,
in full or in part, without penalty.
SEE SECTION VI OF TEE CONTRACT BELOW FOR ANY ADDITIONAL INFORMATION ABOUT NON-
PAYI~ENT, DEFAULT AND REQUIRED REPAYMENT BEFORE TH~ SCHEDULED DATE FOR RE~AYM_EA~
OF THE AMOUNT FINANCED.
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III. ITEMIZATION OF ~OUNT FINANCED
1. Cash price of Goods and Services: $ 11,040.00
2. Total down payment: 4,040.00
3. Unpaid balance of cash price (1 - 2): 7,000.00
4. .~mount paid to others on Buyer's behalf: .00
5. Amount Financed (3 + 4): $ 7,000.00
IV. CREDIT INSURANCE
Credit life insurance for the term of this Contract is not required.
V. NO WARRANTIES
THERE ARE NO WARRANTIES, EITHER EXPRESSED OR I~fPLIED, GIVFxN BY SELLER IN
CONNECTION WITH SALE OF THE GOODS AND SERVICES COVERED BY THIS CONTRACT UNLESS
BUYER HAS BEEN GIVEN A SEP.4_RATE ~JRITTBN WARRANTY.
VI. ADDITIONAL PROVISIONS
i. Buyer agrees to pay Seller the Total Sale Price by making the ~otai
down payment and paying Seller the Total of Payments in the number and amount
of monthly payments shown in che Payment Schedule. Payments ara due on or
before the same date of each month as the first payment date. Payments must
be made to Industrial Valley Bank aT the following address:
Industrial Valley Bank
P.O. Box 433
Upper Derby, Fenmsylvania 19082
2. Buyer's legal rights include the right to pay all or par~ of the amounts
due on this Contract in advance of their/due dates, to obtain a refund or credit
of unearned Finance Charge whenever the amount is paid in full in advance, and
(with Seller's consent) to reinstate the Contract if Buyer timely cures any
default.
3. Buyer shall be deemed to have committed an "Event of Default" of The
Contract upon the occurrence of any of the following:
(a) failure to make any payment on or before the date i~ is due,
(b) failure to make a payment on any other contrac~ ou~s~anding
wiah Seller,
-3-
(c) failure to perform any other provisien of the Contract,
(d) providing Seller with false information or signatures,
(e) death, incompetence, or conviction of any Buyer of crime in-
volving fraud or dishonesty,
(f) insolvency or bankruptcy of any Buyer~
4. Upon or after the occurrence of any Event of Default, Seller will
provide Buyer with notice, by certified mail as required by law, addressed to
Buyer's last known address as shonnl on Seller's records, advising Buyer of the
defaul~ 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 he immediately due and payable.
5. Waiver by Seller of any event of default shall not be binding upon
Seller if Seller should thereafter choose to exercise that or any other right
or a similar Event of Default occurs later. A_%l Seller's rights and remedies
shall be cumulative. Seller's exercise of one or more rights shall not cause
Seller to lose any other rights.
6. This Contract is freel7 assignable by Seller. Buyer agrees that upon
receiving no~ice of the assignment Buyer shall be obligated to the Assignee
of this Contract, which Assignee shall have all of Seller's rights and remedies.
7. if any part of this Contract is held to be illegal, void or unenforceable,
tha: provision shall be deemed mot to have been a part of this Contract, which
shall otherwise remain fully effective.
8. The laws of the Commonwealth of Pennsylvania shall apply to this Con-
tract except to the extant supplemented, Superseded or pre-empted by federal
law.
9. This Contract shall be binding upon the parties hereto, their heirs,
successors, assigns and legal representatives.
10. TIME IS OF TILE ESSENCE OF THIS CONTRACT·
NOTICE: ANY HOLDER OF THIS CONSUMER CREDIT CONTRACT IS SUBJECT TO ALL CLALMS
Ai~D DEFENSES W~ICH THE DEBTOR COULD ASSERT AGAINST THE SELLER OF GOODS OR
SERVICES OBTAINED PURSUANT 51ERETO OR WITH TILE PROCEEDS HEREOF. RECOVERY
HEtLEUNDER BY THE DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR HEREUNDER.
NOTICE TO BUYER: (1) DO NOT SIGN THIS AGRE~M]~NT BEFORE YOU READ IT OR IF IT
CONTAINS A~YY BLANK SPACE. (2) YOU ARE ENTITLED TO A COMPLETELY FILLED-IN COPY
OF THIS AGRE~E~NT. (3) b/qDER THE LAW, YOU RAVE THE RIGHT TO PAY OF~ IN ADVANCE
-4-
THE FULL A~MOUNT DUE AND UNDER CERTAIN CONDITIONS TO OBTAIN A PARTL~L REFUND
OF TH2~ FTANANCE CHARGE.
DATE:
BUYER(S) ACkNOWLEDGE(S)~CEIVING A CO.~MPLETED COPY OF THIS
CONTRACT AND INTEND(s)~O~ L~EGALLY~~ ITS TERMS.
DICKINSON COLLEGE
FOR DICXINSON COLLEGE USE ONLY
For valua received, Seller hereby sells, assigns, and transfers
to Industrial Valley Bank and Trust Company all of Seller's rights,
title and inTeresT in this Educational Goods and Services Retail
iuscallmen~ ContracT, wish full recourse To Seller.
This ~ i day of
DICKINSON COLLEGE, BY:
, 19 ~__~__':
TITLE
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DICKINSON COLLEGE FLEXIBLE FINANCING SYSTEM - 7000 PLAN
EDUCATIONAL GOODS AND SERVICES RETAIL INSTALLMENT CONTRACT
Date Auzust 1, 1985
I. Seller: Dickinson College, Carlisle, Pennsylvania 17013
Buyer(s): S~anle¥ and Theda Kell
'301 Beech Avenue, Linwood, NJ 08221
If there is more than one Buyer, each of you will be obligated, jointly
and severally, for ail sums due and for the performance of all agreements as
provided in ~his Con~rac~.
Under the terms of ~his Educational Goods and Services Retail Install-
ment Contract, you have agreed to pay the expenses incurred for goods and
services to be provided and rendered, as the case may be, to Kenneth
(hereinafter "Student") during his/her enrollment at
Dickinson College during the 1985-86 academic year, including
tuition, room and board, books and supplies as herein stated (hereinafter the
"Goods and Services").
The Goods and Services shall include only the following:
Tuition and room and board
II. TERMS OF PAYMENT AND PAYMENT SCHEDULE
Disclosures Required by Federal Law
ANNUAL FINANCE
PERCENTAGE CHARGE:
RATE:* Dollar amount
Cost of credit credit will
as yearly rate cost Buyer
AMOUNT FINANCED:
Amount of credit
provided by
Dickinson College
TOTAL OF TOTAL SALE
PAt/~E~TS: PRICE:
Amount paid Total cost of
by Buyer as purchase on
total of all credit, in-
scheduled cluding down
payments payment of
$ 5,130.00
10.498 %. $ 4,170.80 $ 7,000.00 $ 11,170.80 $ 12,130.00
EXHIBIT "D"
Buyer's payment schedule will be as follows:
Number of Payments
116
Amount of Payments { When Payments Are Due
~ Monthly com~lencing October 1, 1985
96.30 ~ until May 1, 1995
*Variable Rate:
Late Charge:
Prepayment:
The ~NUAL PERCENTAGE RATE disclosed above is a variable rate
and may change. The ANNUAL PERCENTAGE RATE may increase during
the term of this transaction if the pr/me rate of interest
announced in the Wall Street Journal as of the close of
business on June 30 of each calendar year increases, and will
be increased to the prime rate plus 1~. The ANNUAL PERCENTAGE
RATE will not increase more than once a year, and the new
interest rate will become effective on July 1 following the
increase, if any, in the prime rate of interest. Any increase
will be in the form of higher payment amounts. If your cost
of the Goods and Services sold hereunder were $ 7000.00
ag i0.5 % per annum for 1~6 months, and the prime rate plus
1% were increased to 11.5 %, your regular monthly payments
would increase to $ 100.23 Further, the ANNUAL PER-
CENTAGE RATE will not increase to more than 18% or such other
rate as may be permitted under the Pennsylvania Goods and
Services Installment Sales Act.
If a payment is more than 15 days late, a sum equivalent to
5% of the late payment (but no more than $2.50 and not less
than $1.00) may be charged.
Buyer may prepay the unpaid balance of the Amount Financed
and any FINANCE CHARGE due through the date of early payment,
in full or in part, without penalty. Payments greater than
the payoff amount bu~ less than $3.00 will ao~ he refunded.
SEE SECTION VI OF THE CONTRACT BELOW FOR ANY ADDITIONAL INFORMATION ABOUT NON-
PAYI~ENT, DEFAULT AND REQUIRED REPAYMENT BEFORE THE SCHEDULED DATE FOR REPAYMENT
OF THE AMOUNT FINANCED.
-2-
III. ITEMIZATION OF AMOUNT FINANCED
1. Cash price of Goods and Services: $ 12,130.00
2. Total down payment: 53130.00
3. Unpaid balance of cash price (1 - 2): 7,000.00
4. Amount paid to others on Buyer's behalf: .00
5. Amount Financed (3 + 4): $ 7,000.00
IV. CREDIT INSURANCE
Credit life insurance for the term of ~his 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 SEP.~RATE WRITTEN WARt~kNTY.
VI. ADDITIONAL PROVISIONS
I. 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 =he same date of each month as the first payment date. Payments must
be made to Industrial Valley Bank at the following address:
Industrial Valley Bank
P.O. Box 433
Upper Derby, Pennsylvania 19082.
2. Buyer's legal rights include the right to pay all or part of the amounts
due on this Contrac= in advance of their due dates, to obtain a refund or credit
of unearned Finance Charge whenever the amount is paid in full in advance, and
(with Seller's consent) to reinstate the Contract if Buyer timely cures any
default.
3. Buyer shall be deemed to have committed an "Event of Default" of the
Contract upon the occurrence of any of the following:
(a) failure to make any payment on or before =he date it is due,
(b) failure to make a payment on any other contrac= outstanding
with Setler,
-3-
(c) failure to perform any other provision of the Contract,
(d) providing Seller with false information or signatures,
(e) death, incompetence, or conviction of any Buyer of crime in-
volving fraud or dishonesty,
(f) insolvency or bankruptcy of any Buyer.
4. Upon or after the occurrence of any Event of Default, Seller will
provide Buyer with notice, by certified mail as required by law, addressed to
Buyer's last known address as shown on Seller's records, advising Buyer of the
defaul~ and of Buyer's'right to cure the default. The notice witi provide the
time, amount and performance necessary to cure the default. If Buyer does not
cure the default as provided in the notice, Seller's rights shall include the
right to declare all sums due on the Contract to be immediately due and payable.
5. Waiver by Seller of any event of default shall not be binding upon
Seller if Seller should thereafter choose to exercise that or any other right
or a similar Event of Default occurs later. All Seller's rights and remedies
shall be cumulative. Seller's exercise of one or more rights shall not cause
Seller ~o lose any other rights.
6. This Contract is freely assignable by Seller. Buyer agrees that upon
receiving notice of the assignmen~ Buyer shall be obligated to the Assignee
of this Contract, which Assignee shall have all of Seller's rights and remedies.
7. If any par~ of :his Contract is held to be illegal, void or unenforceable,
that provision shall be deemed not to have been a part of this Contract, which
shall otherwise remain fully effective.
8. The laws of the Commonwealth of Pennsylvania shall apply to this Con-
tract except to the extent supplemented, superseded or pre-empted by federal
law.
9. This Contract shall be binding upon the parties hereto, their heirs,
successors, assigns and legal representatives.
10. TIME IS OF THE ESSENCE OF THIS CONTRACT.
NOTICE: ANY ~OLDER OF THIS CONSUMER CREDIT CONTRACT IS SUBJECT TO ALL CLAIMS
AND ~EFENSES 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 AG1LEEMENT BEFORE YOU READ IT OR IF IT
CONTAINS ANY BLANK S?ACE. (2) YOU ARE ENTITLED TO A COMPLETELY FILLED-IN COPY
OF THIS AGREEMENT. (3) UNDER THE LAW, YOU HAVE THE RIGHT TO PAY OFF IN ADVANCE
-4-
THE FULL A~MOUNT DUE AND UNDER CERTAIN CONDITIONS TO OBTAIN A PARTIA.L REFUND
OF THE FINANCE CHARGE.
DATE:
BUYER(S) ACKnOWLEDGE(S) RECEIVING A COM3LETED COPY OF THIS
CONTRACT AND INTEND(S) TO BE LEGALLY BOLrND BY ITS TERMS.
BUYER(S):
./,~ DICKINSON COLLEGE
FOR DICKiNSON COLLEGE USE ONLY
For value received, Seller hereby sells, assigns, and transfers
to Industrial Valley Bank and Trust Company all oC Seller's rights,
title and interest in this Educational Goods and Sez~zices Retail
Installment Contract, with full recourse Ko Seller.
This Z Z
TITLE
-5-
VERIFICATION
I, THOMAS MEYER, Assistant Treasurer of Dickinson College, acknowledge that I
have the authority to execute this Verification on behalf of Dickinson College and certify
that the foregoing Complaint is based upon information which has been gathered by my
counsel in the preparation of this lawsuit. The language of this Complaint is that of counsel
and not my own. I have read the document and to the extent that 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.$. §
4904 relating to unswom falsification to authorities, which provides that if I knowingly make
false averments, I may be subject to criminal penalties.
Dickinson College
Thom~ ~
Assistant Treasurer bf-B~kinson College
Dated:
CERTIFICATE OF SERVICE
I, Marti Iben, an authorized agent ofMartson DeardorffWilliams & Otto, hereby certify that
a copy of the foregoing Complaint was served this date by depositing same in the Post Office at
Carlisle, PA, first class mail, postage prepaid, addressed as follows:
Theda Kell
a/k/a Theda Dennison
175 Latham Drive
Griswold, Connecticut 06351
Defendant
MARTSON DEARDORFF WILLIAMS & OTTO
Marti lben
Ten East High Street
Carlisle, PA 17013
(717) 243-3341
Dated: October 30, 2003
DICKINSON COLLEGE,
Plaintiff
THEDA KELL, a/k/a THEDA
DENNISON and KENNETH KELL
Defendants
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO.03-5719
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 Theda Kell a/kJa Theda Dennison
on October 31, 2003, by certified mail, restricted delivery, return receipt requested.
Attached is the Post Office return receipt signed and dated November 6, 2003, and a copy
of the receipt showing the cost of service was $8.84.
B~~---~-/~~
David R. Gallow~
I.D. No. 87326
Ten East High Street
Carlisle, PA 17013-3093
(717) 243-334.1
OTTO
Date: November 10, 2003 Attorneys for Plaintiff
P~ Form
Postage
Certified Fee
Rett[rn Receipt Fee
{Endorsement Required)
Restricted DeliYe[y Fee
(Endorsement ReqL3ired)
Total Postage & Fees
CERTIFICATE OF SERVICE
I, Marti lben, 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:
Theda Kell
aJk/a Theda Dennison
175 Latham Drive
Griswold, CT 06351
MARTSON DEARDORFF WILLIAMS & OTTO
Marti Iben
Ten East High Street
Carlisle, PA 17013
(717) 243-3341
Dated: November 10, 2003
SPERO T. LAPPAS, Esquire
SERRA TELLI, SCHIFFMAN,, BROWN AND CAIJtOON, p. C.
2080 LINGLESTOWN ROAD
HARRISBURG, PA. 17110
(Z17)540-9170
A___~ORNEY FOR THE DEFENDANT
DICKINSON COLLEGE,
THEDA KELL,
a/k/a THEDA DENNISON
Plaintiff
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 03-5719 CIVIL
: CIVIL ACTION - LAW
: JURY TRIAL OF TWELVE DEMANDED
DEFENDANT'S PRELIMINARY OBJECTIONS
Prelimi Averments
1. The Plaintiffhas brought this action against the defendant to recover alleged debts
owed by virtue of four attached promissory notes.
2. The complaint provides no information upon which it can be determined whether
or not this court has jurisdiction over the plaintiffor this case, or whether venue is proper in
Cumberland County.
3. The complaint states at paragraph 8 that the four attached promissory notes "grant
plaintiffreasonable collection and attorneys' fees". However, the notes attached to the complaint
do not appear to contain any such language.
SPERO T LAPPAS, Esquire
SERRATELL1, SCHIFFMAN, BROWNAND CALHOON, p.C.
Page 1
~OUNT I
PRELIMINARY OBJECTION CHAI.I.~.NGING SUBJECT MA'rTER JURISDICTION
4. All other parts of these preliminmy objections are incorporated into this count by
reference thereto.
5. The complaint acknowledges that the defendant is not a citizen of this
Commonwealth. The complaint was served on the defendant by certified mail to her residence in
Connecticut.
6. There is no indication that the promissory notes were signed, made, or otherwise
executed or enacted anywhere within the Commonwealth of Pennsylvania.
7. There are no other facts pleaded in the complaim which establish that Pennsylvania
has jurisdiction over this defendant or this cause of action.
WHEREFORE, the defendant requests that the complaint be dismissed or stricken for lack
of subject matter jurisdiction pursuant to Pa. R.C.P. 1028(a)(1).
COUNT II
pRELIMINARy OBJECTION CHAI J,ENGING PERSONAL JURISDICTION
4. All other parts of these preliminary objections are incorporated into this count by
reference thereto.
5. The complaint acknowledges that the defendant is not a citizen of this
SPERO T LAPPAS, Esquire
SERRA TELLI. $CH1FFMAN, BROWN AND CALHOON, p.C.
Page 2
Commonwealth. The complaint was served on the defendant by certified mail to her residence in
Connecticut.
6. There is no indication that the promissory notes were signed, made, or otherwise
executed or enacted anywhere within the Commonwealth of Pennsylvania.
7. There are no other facts pleaded in the complaint which establish that Pennsylvania
has jurisdiction over this defendant or this cause of action.
WHEREFORE, the defendant requests that the complaint be dismissed or stricken for lack
of personal jurisdiction pursuant to Pa. R.C.P. 1028(a)(1).
COUNT m
PRELIMINARY OBJECTION CHA!,I.g, NGING VENUE IN CUMBERLAND COUNTY
8. All other parts of these preliminary objections are hereby incorporated into this
count by reference hereto.
9. The complaint does not plead any facts which establishes that the Court of
Common Pleas of Cumberland County has jurisdiction over this case.
10. The complaint was not served within Cumberland County and there is no
allegation that any event associated with the case took place in Cumberland County or that the
alleged cause of action arose in Cumberland County.
WHEREFORE, the defendant requests that the complaint be dismissed pursuant to
Pa.R.C.P. 1006 and 1028(a)(1).
SPERO TlatPPAS, Esquire
SERRA TELLI, SCHIFFMAN, BROWN AND CALHOON,, p. C.
Page 3
~OUNT IV
MOTION TO STRIKE
11. All other parts and paragraphs of these preliminary objections are hereby
incorporated into this count by reference thereto.
12. The plaintiff's claim for collection and attorneys fees is facially invalid in that the
promissory notes attached to the complaint do not appear to contain a provision for collection and
attorneys fees as the plaintiffhas pleaded in paragraph 8.
WHEREFORE, the defendant requests that the plaintiff's claim for collection and
attorneys fees be stricken. This m°ti°n is in the alternative to the motion challenging jurisdiction
and the motion challenging venue.
~OUNT V
DEMURRER
11. All other parts and paragraphs of these preliminary objections are hereby
incorporated into this count by reference thereto.
12. The plaintiWs claim for collection and attorneys fees is facially invalid in that the
promissory notes attached to the complaint do not appear to contain a provision for collection and
attorneys fees as the plalntiffhas pleaded in paragraph 8.
WHEREFORE, the defendant requests that the plaintiWs complaint be dismissed with
respect to its claim for collection and attorneys fees. This motion is in the alternative to the
SPERO T IMPPAS, Esquire
SERRATELL1, SCHIFFMAN, BROWN AND CALHOON, p. C
Page 4
motion challenging jurisdiction and the motion challenging venue.
CONCLUSION
WHEREFORE, the defendant requests that her prelimina,-y objections be granted.
Respectti~lly submitted,
se ,, ,cu ,
BRO~ ALHOON, P.C.
BY:_ ~-~ -.m:'~I ppas, Esquire
I.D. No. 25745
Suite 201, 2080 Linglestown Road
Harrisburg, PA 17110
(717) 540-9170
Attorney for Defendant
SPERO T IMPpAS, Esquire
SERRA TELLI,, SCHIFFMAN, BRO WAr A ND CA £HOON,, p. C
Page 5
CERT~ICATE OF SERVICE
I hereby certify that on . (( ~2t ,2003Iservedatmecopyofthe
attached document upon the person(s) named below by mailing a copy addressed as
follows, postage pre-paid, deposited into the U.S. Mail at Harrisburg, PA.
DAVID R. GALLOWAY, ESQUIRE
10 EAST HIGH STREET
CARLISLE, PA 17013
RESPECTFULLY SUBMITTED,
S~ IFFMAN, BROWN AND
C
By: ~ y/[~
APPAS, Esqmre
Pa. Supreme Ct. ID no. 25745
2080 Linglestown Road
Suite 201
Harrisburg, PA 17110-9670
(717) 540-9170
DICKINSON COLLEGE,
Plaintiff
THEDA KELL, a/k/a THEDA
DENNISON
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 03-5719
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, 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
32 South Bedford Street
Carlisle, PA 17013
Telephone: (717) 249-3166
F WILLIAMS
BY~r~
Ten East High Street ~
Carlisle, PA 17013
(717) 243-3341
& OTTO
Date: December 8, 2003
Attorneys for Plaimiff
DICKINSON COLLEGE,
Plaintiff
THEDA KELL, a/k/a THEDA
DENNISON
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 03-5719
CIVIL ACTION-LAW
JURY TRIAL OF TWELVE DEMANDED
AMENDED COMPLAINT
AND NOW, comes Plaintiff Dickinson College by and through its attorneys, MARTSON
DEARDORFF WILLIAMS & OTTO, and hereby avers as follows:
1. Plaintiff Dickinson College is a Pennsylvania educational institution and nonprofit
corporation with its principal place of business at West Street, Post Office Box 1773, Carlisle,
Cumberland County, Pennsylvania 17013.
2. Defendant Theda Kell, a/k/a Theda Dennison, is an adult individual with a last known
address of 175 Latham Drive, Griswold, New London County, Connecticut 06351.
3. Stanley Kell, is an adult individual with a last known address of 734 Ravenswood
Drive, Smithville, New Jersey.
3. Defendant and Stanley Kell's, (collectively hereinafter"Parents") son, Kenneth Kell,
Esquire, (hereinafter "Student"), was enrolled at Plaintiff's institution from 1982 through 1986.
4. On or about January 10, 1983, Parents entered into a PromissoryNote (Note #1) with
Plaintiff for the financing of $2,500.00, plus interest, for educational services and benefits to Student
at Plaintiff's institution. A copy of Note #1 is attached hereto as Exhibit "A."
5. On or about September 27, 1983, Parents entered into an additional Promissory Note
(Note #2) with Plaintiff for the financing of $7,000.00, 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 October 31, 1984, Parents entered into an additional Promissory Note
(Note #3) with Plaintiff for the financing of $7,000.00, plus interest, for educational services and
benefits to Student at Plaintiff's institution. A copy of Note #2 is attached hereto as Exhibit "C."
7. On or about August 12, 1985, Parents entered into an additional Promissory Note
(Note #4) with Plaintiff for the financing of $7,000.00, plus interest, for educational services and
benefits to Student at Plaintiff's institution. A copy of Note #4 is attached hereto as Exhibit "D."
8. The collective principal for Note #1, Note #2, Note #3 and Note #4 is $23,500.00.
9. Parents stopped making monthly payments on Note #1, Note #2, Note #3 and Note
#4 on or about February 4, 2000.
10. Section II of Notes # !- #4 provides that "Ifa payment is more than 25 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."
11.
12.
Accrued late charges since March, 2000 total $115.00 per Note or $460.00.
As of December 2, 2003, the total payoff for Notes #1- #4 is $30,630.00, which
includes principal in the amount of $15,814.00 and interest in the amotmt of $14,816.00, with
interest accruing thereafter as per the terms stated in each Note.
13. As of December 2, 2003, the outstanding balance of $30,630.00 represents the total
and actual overdue value of the financing provided to Parents under Notes #1- Note #4 for which
Parents have yet to pay.
14. Notes # 1- ~4 required payments to be made within Pennsylvania.
15. Section VI, Paragraph 8 of the Notes provides that "[t]he laws of the Commonwealth
of Pennsylvania shall apply to this Contract except to the extent supplemented, superseded or pre-
empted by federal law."
16. Plaintiff fulfilled, performed and complied with all obligations and conditions of
Notes # 1- #4.
COUNT I
BREACH OF CONTRACT
Dickinson College v. Theda Keil, a/k/a, Theda Dennison
17. Plaintiffhereby incorporates by reference the averments contained in Paragraphs 1
through 16 of this Complaint.
18. Section VI, Paragraph 3(a) of the Notes provides that "Buyer shall be deemed to have
committed an 'Event of Default' of the Contracts upon the occurrence of any of the following: (a)
failure to make any payment on or before the date it is due ....
19. Section VI, Paragraph 4 of the Contract(s) provides that if an Event of Default of the
contract occurs, and is not cured by the Buyer pursuant to the Notice of Default, Dickinson has "the
right to declare all sums due on the contract to be immediately due and payable."
20. Parents defaulted on Notes # 1- #4 by failing to make the required monthly payments
due and owing since February, 2000.
21. Parents were given notice of their default and right to cure such default.
22. Parents failed to cure such default.
23. Dickinson has exercised its right to declare all sums due on Notes #1- #4 to be
immediately due and payable.
WHEREFORE, Plaintiff demands judgment against Defendant Theda Kell, a/k/a Theda
Dennison, in the amount of $30,630.00, plus late fees in the amount of 5460.00 and interest as per
the terms stated in each Note, plus attorneys' fees and costs of suit.
OTTO
I.D. No. 87326
Ten East High Street
Carlisle, PA 17013-3093
(717) 243-3341
Attorneys for Plaintiff
Date: December 8, 2003
EDUCATr0NYd~ GOODS AND SERVICES F~ETAI[~ INSTAJLL~NT CONTRACT
Dated 0~DUBr'! 10 , ~ 1983
I. Seller: Dickinson College, Carlisle~ Pennsylvania 17013,
Buyer: Kell; Stanley
Name(m)
301 Beech Ave.~ Linwood, NJ 08221
Place of Residence
there is more than one Buyer each of you will be obilgated, jointly and
aeverally,,for ali sums due and for the performance of all agreements as pro-
II.
TERMS OF pAYMENT AND PAYMENT SCEEDDI~
Disclosures Required by Federal La~
Number of Pa)~ments
1 18.06
39 27.08
72 50.18
Prepayment:
will be as EoLlows:
whichever ia earile~,
monthly c~mencing May 30 , 19~._,-
enrolled at Dickinson
proved full-time off-campus program
of studies), whichever ia earlier.
If a payment is more than 10 days late, a sum equivalent to 5% of
SEE SEGT~ON VI OF T~E CONTRACT BELOW FOR ANY ADDITION~J~ INFORMATION ABOUT
NONPAYMENT, DEFAULT AND REQU%RBD P~EPAYMENT BEFOR~ T~ SCREDULED DATB FOR
REPAYMENT OF T~E AMOUNT FINANCED,
1. Cash price of Goods and Services: $ 8,995.00
2. To,al down payment: ($ 6,495.00)
3. Unpaid balance of cash price (I - 2): $ 2,500,00
4. Amo~t paid to others on Buyer's behalf: $ 0,00
5, ~ount financed (3 + 4): $ 2t500.00
EXHIBIT "A"
IV. CREDIT INSURANCE
CREDIT LIFE AND/OR ACCIDENT AND SEALTH INSNRAHCE ARE NOT REQNIRED.
V. NO WARRANTIES
THER£ ~ NO WARRANTIES EITHER EXPRESE OR IMPLIED GTVEN BY SELLER IN
CONNECTION ~TTR SALE OF THE GO0~S ND SERVICES COVERED BY THIS CONTRACT
UNLESS BUYER ~S BEEN GIVEN A SEP~TE ~I~gN WAR~.
VI. ADDITIONAL PROVISIONS
and remedies.
7. If any part of this Contract is held to be illegal, void or uue~-
forceable ~hat provision shall be deemed not to have been a part of this
Comtract, which shall otherwise remain fully effect{ye.
S. Yhe laws off the Commonwealth of PennsTlvania shal I apply to this
Contract except to the extent supplemented, superseded or preempted by
federal [aw.
9. This Contract shall be binding upon the parties hereto, their
heirs~ auccessors, assigns and legal repreaancativem,
TIME IS OF THE ESSENCE OF THIS CONTRACT.
NOTICE ~ ANY HOLDER OF THIS CONSUMER CREDI~ CONTRACT ~5 SUBJECT TO ALL
NOTICE TO BUYER: (1) DO NOT SION TH~S AGREEMENT BEFORE YOU READ IT OR IF
ATTEST:
BHYERS ACKNOWLEDGE RECEIVING A COMPLETED COPY OF THIS
- 3 -
TERMS OF PAYMENT AND PAYMENT SCHEDULE
Disclosures Required by Federal Law
ANNUAL FINANCE AMOUNT FINANCED:
PERCENTAGE CHARGE: Amoo,C of credit
RATE:* Dollar amount provided by'
Cost of credit credit will Dickioson College
11~_% S 5,696.26 $ 7~000.00
$ 10 215 00
T3q
$ 91
monthly commencing Oct. 3l , 1983
April 3p ,, X~ 1995. --
WVar[able Ra~e:
Prepay-me,t:
The ANNUAL PERCEMTACE RATE disclosed above is · variable rate
8/83
EXHIBIT "B"
2. Total dom payment: ($ 3,215.00 )
3. Unpaid balance of cash price (1 - 2): $ 7,000. 00
4. Amount paid to others on Buyer's behalf: $ 0.O0
$. Amount financed (3 + 4): $ 7,000.00
IV. CREDIT INSURANCE
CREDIT LIFE INSURANCE FOR THE TERM OF THIS CONTRACT IS REQUIRED and may be
obtained through Seller for the Term of the Educational Services Installment
Contract at the costs indicated below. Credit insurance will cover only the
Buyer signing, below and is subject to acceptance by the insurer and subject
further to the terms and conditions of the imsurance policy. Credit insu
will be provided through Seller only if the appropriate statement below is
checked and signed by the Buyer to be insured. The premium, if applicable,
will be included in the Amount Financed as stated in Sections II and III ahovm.
If Buyer chooses not to obtain credit life insurance through Seller, Buyer shall
furnish Seller with a certificate of insurance evidencing credit life insurance
coverage for the full term of this Contract in the amount of the Amount Financed
as stated in Sections II and III above.
Buyer desires to obtain credit
life Beller o ting $
Insur2d Buyer s Age: ~
Sign~Insurer: ladelpbia/L' '~nce Company
NOTICE OF PROPOSED CREDIT INSUP. A~CM
The Signor(s) of this C0ntra~t hereby take(s) notice that group
credit life insurance coverage will be applicable to this C~ntract if
so designated above, and the coverage will be wrftte~ bY the insurance
company named. The insurance, subject to acceptance by the ~nsurer,
covers only the person signing the request for such insurance. The
amount of the charge is indicated for the type of fnsuramce to be
purchased. The term of the insurance will commence as of the date the
indebtedness is incurred amd will expire on the origiaal scheduled
maturity date of the indebtedness. If Buyer elects Bo procure credi~
i~surance through Seller, subject ~o acceptance by the insurer and
within 30 days of the date of ~his Contract, there will be delivered ~o
the insured debtor a certificate of insurance more fully describing the
insurance. In =he event of prepayment of the indebtedness, a refund of
insurance charges will be made if due.
~ 2 -
8/83
]. Ih~yer agrees co pay Seller the 'Fora1 of Payments by making the Total
Do~rn payment and paying Seller the Total of Payments in the number mad amount
of monthly payments shown in the Payment Schedule. Payments are due om or
before the same day of each month a~ ~he ~irmt payment data. Paymemts mu~t
be m~de to Industrial Valley Bamk at the followimg address:
industrial Valley Bank
P. O. Box 433
Upper Darby, Pennsylvania 19082
2. ~uyer's legal rights l~elude the right to pay all or part of the
or credit of unearned Finance Charge whenever the amount due is paid in full in
advance, and (with Seller's consent) to reinstate th~ Contract if Buyer timely
(a) failure ro make any payment on or before the date it is due;
(b) failure to perform amy other provisio~l of the Contract;
(c) providimg Seller with false information or signatures;
(d) death or incompetel~ce or conviction of any Buyer of crime
(e) insolvency of any Buyer.
provide ~uye~ with notice, by ce~ified mail as required by law, addressed ~o
default and of Buyer's right to cure the default. The motice will provide the
~ime, amount and performance necessary to cure the default. If B~yer(s) do(es)
mot cure ~he default as provided in the notice, Seller's rights shall include
the right to declare all sums due on the Contract to be immediately du~ and
payable.
5. Waiver by Seller of any Event of Defm~lt shall mot be binding upon
Seller if Seller should thereafter choose to exercise that or any other ~[ght
ota similar Event of Default occurs later. All Seller's r~ghts and remedies
shall be cun~lac~ve. Seller's exercise of one or more righc~ shall not ca.sa
geller to lose any other rights.
6. This c~n£ract is freely assignable hy Seller. B~yer agrees that upon
receiving notice of the assignment Buyer shall be obligated co the asslgnee
of this Contract, which assigne~ sh~ll have all of Sellmr's rights and remedies.
7. [f any part of this Con~ract is held to he illegel, void or unenforceable
that provision shll be deemed not ~o have been a part of this Contract, which
shall otherwise remain fully effective.
8. The laws of the Commonwealth of Pennsylvania shall apply to this Contract
9. This Contract sh;lll be binding upon the parties hereto, their heirs,
- 3 -
8/83
DI ~INSON COLLEGE
8/83
DICKINSON COLLEGE FLEXIBLE FINANCIiqG SYSTEM - 7000 PLAN
EDUCATIONAL GOODS .~X~D SERVICES tLETAIL INSTALLMEIqT CONTRACT
Date October 1, 1984
I. Seller: Dickinsoa College, Carlisle, Pennsylvania 17013
Buyer(s): Stanley and Theda Kell
.'301 Beech Avenue, Linwood, NJ 08221
If there is more than one Buyer, each of you will be obligated, jointly .
and severaiiy, for ail sums due and for the performance of all agreements as
provider in this Contract.
Under the terms of this Educational Goods and Services Retail Install-
me~t Contract, you have agreed to pay the expenses incurred for goods ami
services to be provided and rendered, as the case may be, to Kenneth
(hereinafter "Student~') during his/her enrollment at
Dickinson College during the 1984-85 academic year, including
tuition, room end board, books and supplies as herein stated (hereinafter the
"Goods'and Services").
The Goods and Services shall include only the following: Tuition and
room and board
II. TERMS OF PAYMENT A~XID PAYMENT SCHEDULE
Disclosures Required by Federal Law
ANNUAL
PERCE}ITAGE
RATE:~
Cost of credit
as yearly rate
13. 999 % ~
FINANCE
CF~3,CE:
Dollar amoun5
credit will
cost Buyer
$ 6,455.65
AMOUNT FINANCED:
~cuna of credit
provided by
Dickinso~ College
$ 7,000. O0
TOTAL OF
PAYM~lTS:
Amount paid
by Buyer as
total of all
scheduled
pay~ients
$13,455.65
TOTAL SALE
PRICE:
Total cost of
purchase oR
credit, in-
cluding down
payment of
$ 4,040~0fl
$ 11,040.00
EXHIBIT "C"
Buyer's payment schedule will be as follows:
Number of Payments
127
~mount of Payments
105.95
When Payments Are Due
Monthly commencing November 1,
until May 1, 1994
1984
*Variable Rate:
Late Charge:
Prepayment:
The A~NNUAL PERCEiqTAGE RATE disclosed above ip a variable rate
and may change. The AANN-UAL 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 A/qNUAL 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 Sez~icas sold hereunder were
at 14 % per annum for 127 months, and the prime rate plus
1% were increased to 15 %, your regular monthly payments
would increase to $ 110.26 Further, the AiqNIIAL PER-
CE~NTAGE RATE will net increase to more than 18% or such other
rate as may be permitted under the Pennsylvania Goods and
Sea;ices Installment Sales Act.
If a payment ia more tha~ 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 unpmid balance of the Amount Financed
and any FINANCE CHARGE due through the dame of early payment,
in full or in part, without penalty.
SEE SECTION VI OF TtIE CONTtL~CT BELOW FOR ANY ADDITIONAL INFORMATION ABOUT NON~
PAYMENT, DEFAULT AND REQUIRED REPAYMENT BEFORE T~IE SCHEDULED DATE FOR REPAYMENT
OF TILE ~/~OUNT FIN~CF~.
-2-
III. ITEMIZATION OF ~OUNT FINANCED
1. Cash price of Goods and Services: $ 11,040.00
2. Total down payment: 4,040.00
3. Unpaid balance of cash price (1 - 2): 7,000.00
4. Amount paid to others on Buyer's behalf: .00
5. .%mount Financed (3 + 4): $ 7,000.00
IV. CREDIT INSURANCE
Credit life insurance for the tn_tm of this Contract is eot required.
V. NO WARRANTIES
THERE ARE NO WARRANTIES, EITHER E~XPRESSED OR IMPLIED, GIVEN BY SELLER IN
CONNECTION WITH SALE OF THE GOODS AND SERVICES COVERED BY THIS CONTRACT UNLESS
BUYER HAS BEEN GIVEN k SEPARATE W-RITTEN WARRANTY.
ADDITIONAL PROVISIONS
1. Buyer agrees to pay Seller the Total Sale Price by making the total
down payment and paying Seller the Total of Payments in the number and amount
of monthly payments shown in the Paymen~ Schedule. Payments are due on or
before the same date of each month as the first payment date. Payments must
be made to Industrial Valley Bank at the following address:
Industrial Valley Bank
P.O. Box 433
Upper Derby, Pennsylvania 19082
2. Buyer's legal rights include the right to pay all or part of the amounts
due on this Contract in advance of their.due dates, to obtain a refund or credit
of unearned Finance Charge whatever the amount is paid in full in advance, and
(wiEh Seller's consent) to reinstate the Contract if Buyer timely cures any
default.
3. Buyer shall be deemed to have committed an "Event of Default" of the
Contract upon the occurrence of any of the following:
(a) failure to make any payment on or before the date it is due,
(b) failure to make a payment on any other contract outstanding
with Seller,
-3-
failure to perform any other provision of the Contract,
(d) providing Seller with false informatien or signatures,
death, incompetence, or conviction of any Buyer of crime i~-
volving fraud or dishonesty,
(f) insolvency or bankruptcy of any Buyer%
4. Upon or after the occurrence of any Event of Default, Seller will
provide Buyer with notice, by certified maJ_l as required by law, addressed to
Buyer's last knewn 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
cure the default as provided in the notice, Seller's rights shell include the
right to declare all sums due on the Contract to be immediately due and payable.
5. Waiver by Seller of any event of default shall not be binding upon
Seller if Seller should thereafter choose to exercise that or any other right
or a similar Event of Default occurs later. All Seller's rights' and remedies
shall be cumulative. Seller's exercise of one or more rights shall not cause
Seller to lose any other rights.
6. This Contract is freely assignable by Seller. Buyer agrees that upon
receiving no,ica of the assignment Buyer shall be obligated to the Assignee
of this Contract, which Assignee shall have ail of Seller's rights end remedies.
7. If any part of this Contract is held to be illegal, void or unenforceable,
that provision shall be deemed not to have been a part of this Contract, which
shall otherwise remain fully effective.
8. The laws of the Commonwealth of Pennsylvania shall apply to this Con-
tract except to the extent supplemented, superseded or pre-empted by feder~
law.
9. This Contract shall be bindin~ upon the parties hereto, their heirs,
successors, assigns and legal representatives.
10. TI~IE IS OF T~LE ESSENCE OF THIS CONTRACT~
NOTICE: ANY HOLDER OF THIS CONSUMER CREDIT CONTRACT IS SUBJECT TO ALL CLAIMS
Ai~D DEP~SES WELCH TKE DEBTOR COULD ASSERT AGAINST THE SELLER 0F GOODS OR
SERVICES OBTAINED PURSUANT HERETO OR WITM TIlE PROCEEDS HEREOF. RECOVERY
HEtLELRq]]ER BY THE DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY T~IE DEBTOR HEREUNDER.
NOTICE TO BUYER: (1) DO NOT SIGN THIS AGRE~MI~NT BEFORE YOU READ IT OR IF IT
CONTAINS ~YY BLANK SPACE. (2) YOU ARE ENTITLED TO A COMPLETELY FILLED-IN COPY
OF THIS AGREk~LENT. (3) b.~NDER 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 TYrE FINANCE CHARGE.
DATa
DICKINSON COLLEGE
COPY OF TRIS
ITS TERMS.
FOR DICKINSON COLLEGE USE ONLY
For value received, Seller hereby aella, assiEns: and transfers
to Industrial Valley Bank and Trust Company all of Seller's rights,
title and interest in this Educational Goods and Services Re, ail
installmen~ Contract, with full recourse to Seller.
This ~/' day of
DICKINSON COLLEGE, BY:
TITLE
-5-
DICKINSON COLLEGE FLEXIBLE FINANCING SYSTEM - 7000 PLAN
EDUCATIONAL GOODS AND SF~RVICES RETAIL INSTALLMENT CONTRACT
Date August 1~ 1985
I. Seller: Dickinson College, Carlisle, Pennsylvania 17013
Buyer(s): Stanley and Theda Kell
301 Beech Avenue, Linwood, NJ 08221
If there is more than one Buyer, each of you will be obligated, jointly
and severally, for all sums due and for the performance of all agreements as
provided in this Contract.
Under the terms of this Educational Goods and Services Retail Install-
ment Contract, you have agreed to pay the expenses incurred for goods and
sez-vices to be provided and rendered, as the case may be, to Kenneth
(hereinafter "Student") during his/her enrollment at
Dickinson College during the 1985-86 academic year, including
tuition, room and board, books and supplies as herein stated (hereinafter the
"Goods and Services").
The Goods and Services shall include only the following:
Tuition and room and board
II. TERMS OF PAYMENT A/qD PAYMEI~T SCHEDULE
Disclosures Required by Federal Law
ANNUAL FINANCE AMOUNT FINANCED: TOTAL OF TOTAL SALE
PERCE/~TAGE CHARGE: Amount of credit PAYMENTS: PRICE:
RATE:* Dollar amount provided by Amount paid Total cost of
Cost of credit credi: will Dickinson College by Buyer as purchase o~
as yearly rate cost Buyer total of all credit, in-
scheduled ctuding down
i payments payment of
$ 5,130.00
10.498 %. $ 4,170.80 $ 7,000.00 $ 11,170.80 $ 12,130.00
EXHIBIT "D"
Buyer's payment schedule will be as follows:
Number of ?ayments
116
Amount of Payments
96.30
When Payments Are Due
Monthly commencing October 1, 1985
until May 1, 1995
*Variable Rate:
Late Charge:
Prepayment:
The ~u~L PERCENTAGE RATE disclosed above is a variable rate
and may change. The ANNUA~ 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 Alql~UAL PERCENTAGE
RATE will not increase more than once a year, and the new
interest rate will become effective on July 1 following the
incresse, if any~ ia 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 $ 7000.00
a5 10.5 % per annum for 176 months, and the prime rate plus
1% were increased to 11.5 %, your regular monthly payments
would increase to $ 100.23 Further, the A/FNUAL PER-
CENTAGE RATE will not increase to more than 18% or such other
rate as may be permitted under the Pennsylvania Goods and
Services Installment Sales Act.
If a payment is more than 15 days late, a sum equivalent to
5% of the late payment (but no more Chan $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. Payments greater than
the payoff amount but less than $3.00 ~~11 not be refunded.
SEE SECTION VI OF THE CONTRACT BELOW FOR ANY ADDITIONAL INFORMATION ABOUT NON-
PAYt~ENT, DEFAULT ~ REQUIRED REPAYMENT BEFORE THE SCHEDULED DATE FOR REPAYME4rr
OF THE ~MOUNT FINANCED.
-2-
(c) failure to perform any other provision of the Contract,
(d) providing Seller with false information or signatures,
(e) death, incompetence, or conviction of any Buyer of crime in-
volving fraud or dishonesty,
(f) /nsolvency or bankruptcy of any Buyer.
4. Upon or after the occurrence of any Event of Default, Seller will
provide Buyer with notice, by certified mail as required by law, addressed to
Buyer's last known address as shown on Seller's records, advising Buyer of the
default and of Buyer's'right to cure the default. The notice will provide the
time, amount and performance necessary to cure the default. If Buyer does not
cure the default as provided in the notice, Seller's rights shall include the
right to declare ail sums due on the Contract to be immediately due and payable.
5. Waiver by Seller of any event of default shall not be binding upon
Seller if Seller should thereafter choose to exercise that or any other right
or a similar Event of Default occurs later. Al! Seller's rights and remedies
shall be cumulative. Seller's exercise of one or more rights shall not cause
Seller to lose any other rights.
6. This Contract is freely assignable by Seller. Buyer agrees that upon
receiving notice of the assignment Buyer shall be obligated to the Assignee
of this Contract, which Assignee shall have all of Seller's rights and remedies.
7. If any part of ~his Contract is held to be illegal, void or unenforceable,
that provision shall be deemed not to have been a part of this Contract, which
shall otherwise remain fully effective.
8. Thc laws of the Commonwealth of Pennsylvania shall apply to this Con-
tract except to ~he extent supplemented, superseded or pre-empted by federal
law.
9. This Contract shall' be binding upon the parties hereto, their heirs,
successors, assigns and legal representatives.
TIME IS OF THE ESSENCE OF THIS CONTRACT.
NOTICE: ANY HOLDER OF THIS CONSUMER CREDIT CONTRACT IS SUBJECT TO ALL CLAIMS
AND DEFENSES WIqIC~ THE DEBTOR COULD ASSERT AGAINST THE SELLER OF GOODS OR
SERVICES OBTAINED PURSUANT HERETO OR WITH TIlE PROCEEDS t~EREOF. RECOVERY
HEREUNDER BY THE DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY THEDEBTOR HEllEIRqDElt.
NOTICE TO BUYER: (1) DO NOT SIGN THIS AG1LEEM~NT BEFORE YOU READ IT OR IF IT
CONTAINS ANY BLAb/K SPACE. (2) YOU ARE ENTITLED TO A COMPLETELY FILLED-IN COPY
OF THIS AGREEMENT. ~(3) LrNDER THE LAW, YOU HAVE THE RIGHT TO PAY OFF IN ADVANCE
-4-
CERTIFICATE OF SERVICE
I, Nichole L. Myers, an authorized agent of Martson Deardorff Williams & Otto, hereby
certify that a copy of the foregoing Amended Complaint was served this date by depositing same in
the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows:
Spero T. Lappas, Esquire
SERRATELLI, SCHIFFMAN, BROWN AND CALHOON, P.C.
Suite 201, 2080 Linglestown Road
Harrisburg, PA 17110
MARTSONDEARDORFF WILLIAMS & OTTO
B Y Ni c~h o~1(1 e~:?My~ers~(y
Ten East High Street
Carlisle, PA 17013
(717) 243-3341
Dated: December 8, 2003
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 l knowingly make
false averments, I may be subject to criminal penalties.
Dated:
Dickinson College
Tho~ ~
Assistant Treasurer'of Dickinson College
THE FULL A~MOUNT DUE AND UNDER CERTAIN CONDITIONS TO OBTAIN A PARTI.~L P-EFUND
OF THE FINANCE CHARGE.
DATE:
BUYER(S) ACKnOWLEDGE(S) RECEIVING A COMPLETED COPY OF THIS
CONTRACT AND INTEND(S) TO BE LEGALLY BOUND BY ITS TERMS.
BUYER(S): -/~~ ~~__~
S COLLEGE
FOR DICKINSON COLLEGE USE ONLY
For value received, Seller hereby sells, assigns, and transfers
to Industrial Valley Bank and Trust Company all o£ Seller's rights,
title and interest in this Educatio:al Goods and Services Retail
Installment Contract, with full recourse to Seller.
This ~ day of
DICKINSON COLLEGE, BY:
TITLE
-5-
SPERO T. LAPPAS, Esquire
Serratelli, Schiffrmm, Brown and Calhoon, P.c.
2080 Linglestown Road
Harrisburg, Pa. 17110
(717)540-9170
Attorney for the Defendant
DICKINSON COLLEGE,
THEDA KELt,,
aYk/a lttEDA DENNISON
Plaintiff
Defendant
· IN THE COURT OF COMMONPI. FAS OF
· CUMBERLAND COUNTZ, PENNSYLVANIA
: NO. 03-5719 CIVIL
· CML ACTION- LAW
: JURY TRIAL OF TWELVE DEMANDED
DEFENDANT'S PRELI3dlNARY OBdECTIONS
TO PLAINTIFF'S AMENDED COMPLAINT
Preliminary Av~ment~
1. The Plaintiffhas brought this action against the defendant to recover alleged debts
owed by virtue of four attached promissory notes.
SPERO T LAPPAS, Esquire
SERRA TELLI, SCHIFFMAN, BROIVN AND CALHOON, P.C.
Page 1
COUNT I
PRELIMINARY OBJECTION CHA!.L~;.NGING SUBJECT MATTER JURISDICTION
2. All other parts ofthase pre 'hminary objections are incorporated into this count by
reference thereto.
3. The amended complaint acknowledges that the defendant is not a citizen of this
Commonwealtk The complaint was served on the defendant by certified mail to her residence in
Connecticut.
4.
There is no indication that the promissory notes were signed, made, or otherwise
executed or enacted anywhere within the Commonwealth of Pennsylvania.
5. There are no other facts pleaded in the amended complaint which establish that
Pennsylvania has jurisdiction over this defendant or this cause of action.
6. The amended complaim provides no information upon which it can be determined
whether or not this court has jurisdiction over the plaintiff or this case, or whether venue is proper
in Cumberland County.
WHEREFORE, the defendant requests that the amended complaint be dismissed or
stricken for lack of subjeet matter jurisdiction pursuant to Pa. R.C.P. 1028(aX1).
COUNT II
PRELIMINARY OBJECTION CHAIJ.F. NGING PERSONAL ~.IRISDICTION
SPERO T I, APPAS, Esquire
SERRA TELLI, $CHIFFlffAN, BRO~N AND CALHOON, P.C.
Page 2
7. All other parts of these preliminary objections are incorporated into this count by
reference thereto.
8. The amended complaint acknowledges that the defendant is not a citizen of this
Commonwealth. The complaint was served on the defendant by certified mail to her residence in
Connecticut.
9. There is no indication that the promissory notes were signed, made, or otherwise
executed or enacted anywhere within the Commonwealth of Pennsylvania.
10. There are no other facts pleaded in the amended complaint which establish that
Pennsylvania has jurisdiction over this defendant or this cause of action.
WHEREFORE, the defendant requests that the amended complaint be dismissed or
stricken for lack of personal jurisdiction pursuant to Pa. R.C.P. 1028(a)(1).
COUNT m
PRr-I.IMINARY OBJECTION CHAI.I.r. NGING VENUE IN CUMBERLAND COUNTY
I 1. All other parts of these preliminary objections are hereby incorporated into this
count by reference hereto.
12. The amended complaint does not plead any facts which establishes that the Court
of Common Pleas of Cumberland County has jurisdiction over this case.
13. The complaint was not served within Cumberland County and there is no
allegation that any event associated with the case took place in Cumberland County or that the
alleged cause of action arose in Cumberland County.
SPERO T LAPPAS, Esquire
SERRA TELLI, SCHIFFMAN, BROWN AND CALHOON, P.C.
Page 3
WHEREFORE, the defendant requests that the mended complaint be dismissed pursuant
to Pa.R.C.P. 1006 and 1028(a)(1).
COUNT IV
14. All other parts and paragraphs of these pre 'hminary objections are hereby
incorporated imo this count by reference thereto.
15. The Plaintiff's amended complaint contains a prayer for relief in which plaintiff
"demands... attorneys fees."
16. The plaintiff's claim for attorneys fees is facially invalid in that the promissory
notes attached to the complaint do not appear to contain a provision for attorneys fees and there
is no other legal authority for the demand for attorneys fees.
WHEREFORE, the defendant requests that the plaintiff's claim for attorneys fees be
stricken. This motion is in the alternative to the motion challenging jurisdiction and the motion
challenging venue.
COUNT V
SPERO T LAPPAS, E~q~ire
SERRA TELLI, SCHIFFMAN, BROWN.AND CALHOON, P.C.
Page 4
DEMURRER
17. All other parts and paragraphs of these preliminary objections are hereby
incorporated into this count by reference thereto.
WHEREFORE, the defendant requests that the plaintiff's amended complaint be dismissed
with respect to its claim for attorneys fees. This motion is in the alternative to the motion
challenging jurisdiction and the motion challenging venue.
CONCLUSION
WHEREFORE, the defendant requests that her preliminary objections be granted.
Respectfully sub~li~ed,
~te 20~0..1~080 L~e~om Road
~sb~g, PA 17110
(717) 540-9170
A~omey for Def~d~t
SPERO T LAPPAS~ Esquire
SERRA TELLI, SCHIFFMAN, BROWN AND CALHOON, P.C.
Page 5
CERTIFICATE OF SERVICE
I hereby certify that on { ~ [ ~ ,2003 1 served a true copy of the
attached document upon the person(s) named below by mailing a copy addressed as
follows, postage pre-paid, deposited into the U.S. Mail at Harrisburg, PA.
DAVID R. GALLOWAY, ESQUIRE
10 EAST HIGH STREET
CARLISLE, PA 17013
RESPECTFULLY SUBMITTED,
SPE'I
Pa. Su
Suite 201
SCHIFFMAN, BROWN AND
2.
~, Esquire
ae Ct. ID no. 25745
[estown Road
Harrisburg, PA 17110-9670
(717) 540-9170
SPERO Z LAPPAS. Esquire
Serratelli. Schiffman, Brown and Calhoon, P.C
2080 Linglestown Road
Harrisburg. Pa. 17110
(717)540-9l 70
Attorney,for the Defendant
DICKINSON COLLEGE,
THEDA KELL,
a/k/a THEDA DENNISON
Plaintiff
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 03-5719 CIVIL
: CIVIL ACTION - LA W
.'
,'
: JURY TRIAL OF TWELVE DEMANDED
MOTION FOR LEAVE TO WITHDRAW AS
DEFENDANT'S COUNSEL
1. Undersigned counsel entered his appearance by filing preliminary objections to
the plaintiff's complaint.
2. Since that date, counsel has learned that the defendant has taken steps, personally
and not through counsel, to settle the matter directly with plaintiff's counsel.
3. Under these circumstances, defense counsel believes that the defendant no longer
desires that he represent her in this matter.
SPERO T LAPPAS, Esquire
SERRA TELLI, SCHIFFMAN, BROWN AND CALHOON, P. C
Page 1
4. Other differences have arisen between defense counsel and the defendant.
WHEREFORE, undersigned counsel requests that this court grant him leave to withdraw
as counsel for the defendant.
Respectfully submitted,
SE~~, CHIFFMAN,
B
g4a?
~22080 Linglestown Road
Harrisburg, PA 17110
(717) 540-9170
Attorney for Defendant
SPERO T LAPPAS, Esquire
SERRA TELLI, SCHIFFMAN, BROWN AND CALHOON, P. C
Page 2
CER/TIFICATE OF SERVICE
I hereby certify that on I ( x~-'~2~ , 2004 1 served a tree copy of the
attached document upon the pers0~(s) named below by mailing a copy addressed as
follows, postage pre-paid, deposited into the U.S. Mail at Harrisburg, PA.
DAVID R. GALLOWAY, ESQUIRE
10 EAST HIGH STREET
CARLISLE, PA 17013
THEDA DENNISON
175 LATHAM DRIVE
GRISWOLD, CT 06531
RESPECTFULLY SUBMITTED,
;HIFFMAN, BROWN AND
I SPERO T. ~PPA~, Esquire
Suite 201
Harrisburg, PA 17110-9670
(717) 540-9170
(
FEB 0 5
DICKINSON COLLEGE,
THEDA KELL,
a/k/a THEDA DENNISON
Plaintiff
Defendant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 03-5719 CIVIL
.' CIVIL ACTION - LA W
;
.' JURY TRIAL OF TWELVE DEMANDED
ORDER
AND NOW, this c~JF~ dayof ~'-d[O ~ ~ z_.~7 , 2004, it is hereby
ordered that a role is entered upon all parties to show cause, if any they have, why the
Motion for Leave to Withdraw as Defense Counsel of Spero T. Lappas, Esquire, and
Serratelli, Schiffman, Brown & Calhoon, P.C., should not be granted.
Rule returnable I D daySafter service by regular mail.
By the Court:
Judge
SPERO T. LAPPAS, Esquire
Pa. Supreme Court ID No. 25745
Serratelli, Schiffman, Brown and Calhoon, P.C.
2080 Linglestown Road, Suite 201
Harrisburg, Pennsylvania 17110-9670
Telephone (717) 540-9170
ATTORNEY FOR DEFENDANT
DICKINSON COLLEGE,
THEDA KELL,
a/k/a THEDA DENNISON
Plaintiff
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 034719 CIVIL
CIVIL ACTION- LA W
MOTION FOR RULE ABSOLUTE
1. Spero T. Lappas, Esquire, filed a Motion for Leave to Withdraw as Defendant's
counsel.
2. On or about February 9, 2004 a role to show cause was issued giving the parties
10 days to respond.
3. That rule expired on February 19, 2004.
4. There has been no response.
WHEREFORE, Spero T. Lappas, Esquire, and Serratetli, Schiffman, Brown and
Calhoon, P.C. request that this court enter a rule absolute withdrawing their appearance.
Spero
I.D.
.~ite. 2,01~
;ed,
'HIFFMAN
[5
~80 Linglestown Road
~A 17110
(717) 540-9170
Attorney for Defendant
CERTIFICATE OF SERVICE
I hereby certify that on e~/d/"~ ,2004 1 served a true copy of the
/
attached document upon the person(s) named below by mailing a copy addressed as
follows, postage pre-paid, deposited into the U.S. Mail at Harrisburg, PA.
DAVID R. GALLOWAY, ESQUIRE
10 EAST HIGH STREET
CARLISLE, PA 17013
THEDA DENNISON
175 LATHAM DRIVE
GRISWOLD, CT 06531
RESPECTFULLY SUBMITTED,
.IFFMAN, BROWN AND
PA& Es~'~ire
ID no. 25745
2080 Linglestown Road
Suite 201
Harrisburg, PA 17110-9670
(717) 540-9170
200
DICKINSON COLLEGE,
THEDA KELL,
aJk/a THEDA DENNISON
Plaintiff
Defendant
: IN THE COURT OF COMMON PLEAS OF
:CUMBERLAND COUNTY, PENNSYLVANIA
NO. 03-5719 CIVIL
CIVIL ACTION - LAW
ORDER
AND NOW, this day of [/~ e) d~ , 2004, it is hereby ordered that the
appearances of Serratelli, Schiffman, Brown and Calhoon, P.C. and Spero T. Lappas, Esquire, as
Defendant's counsel are hereby withdrawn.
BY THE COURT: