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HomeMy WebLinkAbout03-6005DICKINSON COLLEGE, Plaintiff MICHAEL F. KEVILLE, JANET KEVILLE, and KIRSTIN KEVILLE Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. ( aSf 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 REDUCE FEE OR NO FEE: Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 Dated: November 17, 2003 David R. Gal~o~'~ire I. D. Number 87326 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff & OTTO DICKINSON COLLEGE, Plaintiff MICHAEL F. KEVILLE, JANET KEVILLE, and KIRST1N KEVILLE Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. CiVIL ACTION-LAW JURY TRIAL OF TWELVE DEMANDED COMPLAINT AND NOW, comes PlaintiffDickinson 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. Defendants, Michael F. Keville and Janet Keville, (hereinafter "Parents"), are adult individuals residing as husband and wife with a last known address of 531 Daventry Road, Berwyn, Pennsylvania, 19312. 3. Defendant, Kristin Keville, (hereinafter "Student"), is an adult individual with a last known address of 531 Daventry Road, Berwyn, Pennsylvania, 19312. 4. On or about July 28, 1993, Parents and Student entered into a Promissory Note (Note #1) with Plaintiff for the financing of $4,000.00, plus interest, for educational services and benefits to Student at Plaintiff's institution. A copy of Note #1 is attached hereto as Exhibit "A." 5. On or about July 28,1993, Parents and Student entered into an additional Promissory Note (Note #2) with Plaintiff for the financing of $10,000.00, 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 September 29, 1994, Parents and Student entered into an additional Promissory Note (Note #3) with Plaintiff for the financing of $4,000.00, plus interest, for educational services and benefits to Student at Plaintiff's institution. A copy of Note #3 is attached hereto as Exhibit "C." 7. On or about October 3, 1994, Parents and Student entered into an additional Promissory Note (Note #4) with Plaintiff for the financing of $10,000.00, 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. On or about August 25, 1995, Parents and Student entered into an additional Promissory Note (Note #5) with Plaintiff for the financing of $3,920.00, plus interest, for educational services and benefits to Student at Plaintiff's institution. A copy of Note #5 is attached hereto as Exhibit "E." 9. On or about December 12, 1995, Parents and Student entered into an additional Promissory Note (Note #6) with Plaintiff for the financing of $3,920.00, plus interest, for educational services and benefits to Student at Plaintiff's institution. A copy of Note #6 is attached hereto as Exhibit "F." 10. On or about November 14, 1996, Parents and Student entered into an additional Promissory Note (Note #7) with Plaintifffor the financing of $5,550.00, plus interest, for educational services and benefits to Student at Plaintiff's institution. A copy of Note #7 is attached hereto as Exhibit "G." I1. 12. The collective principal balance for Notes #1 - 7 is $41,390.00. Notes #1 - 7 grant Plaintiff reasonable collection and attorneys' fees which Plaintiff has calculated to be $6,208.50. 13. As of November 10, 2003, the principal and interest due and payable by Parents and Student to Plaintiff was $61,922.58, plus interest in the amount of $6.73 per day from November 10, 2003. 14. Parents and Student stopped making monthly payments on Notes #1 - 7 on or about October 30, 2000. 15. As of November 10, 2003, the outstanding balance of $61,922.58 represents the total and actual overdue value of the financing provided to Parents and Student under Notes #1 - 7 for which they have yet to pay. 16. Plaintiff fulfilled, performed and complied with all obligations and conditions of Notes #1 - 7. COUNT I BREACH OF CONTRACT Dickinson College v. Michael F. Keville, Janet K. Keville, & Kirstin Keville 17. Plaintiff hereby incorporates by reference the averments contained in Paragraphs 1 through 16 of this Complaint, 18. Parents and Student breached the expressed and implied obligations, conditions and terms of agreement of Notes #1 - 7 by failing to pay the amounts financed therein. WHEREFORE, Plaintiff demands judgment against Defendants in the amotmt of $61,922.58, plus interest in the amount of $6.73 per day from November l 0, 2003, collection and attorneys' fees in the amount of $6,208.50 and costs of suit. COUNT II IN QUANTUM MER UIT Dickinson College v. Kirstin Keville 19. Plaintiff hereby incorporates by reference the averments contained in Paragraphs 1 through 18 of this Complaint. 20, Having requested Plaintiff to loan money, and doing so to the benefit of Student, Student became liable to Plaintiff for said money. 21. Student has been unjustly enriched by accepting said money without paying Plaintiff reasonable compensation therefor. 22. The total amount by which Student has become enriched is $61,922.58, plus interest in the amount of $6.73 per day from November 10, 2003. WHEREFORE, Plaintiff demands judgment against Defendant, Kirstin Keville, in the amount of $61,922.58, plus interest in the amount of $6.73 per day from November 10, 2003, collection and attorneys' fees in the amount of $6,208.50 and costs of suit. Date: November 17, 2003 MARTSON DEARDO~F WILLIAMS & OTTO B David R. Galloway'<-,~ Attorney I.D. No. 87326 Ten East High Street Carlisle, PA 17013-3093 ~ (717) 243-3341 Attorneys for Plaintiff DICKINSON COLLEGE FLEXIBLE FINANCING SYSTEM - PLAN A EDUCATIONAL GOOD8 AND SERVICES RETAIL INSTALLMENT CONTRACT Date July 28, 1993 Seller: Buyer(s): Dickinson college, Carlisle, Pennsylvania 17013 Michael F. and Janet K. Keville 531Daventr¥ Road Berwyn, PA 19312 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 incurre~ for goods and services to be provided and rendered, as the case may be, to Kirstin Kevil]e (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 P~%TE: Cost of credit as yearly rate Prior to repay- ment: FINANCE CH~qGE: Dollar Amount credit will cost ~uyer ~24OUNT FINANCED: ~ount of credit provided by Dickinson college During repay- ment:11.00 % $ 3,215.15 $ 4,000.00 TOT~-L OF PAYF~NTS: ~ount paid by Buyer as total of all scheduled payments 7.335.41 TOTAL S~LE PRICE: Total cost of purchase on credit, in- cluding down payment of $ 18.590.00 $ 22,590.00 Rev 2/92 VI. ADDITIONAL'PROVISIONS 1. Buyer agrees to pay Seller the Total Sale Price by making the total down payment and ~ying Seller the Total of Payments in the number and amount of monthly payments shown in the Payment Schedule. the first payment date. following address: Payments are due on or before the same date of each month as Payments must be made to First Wachovia, Inc. at the F/mt Wachovia, Inc. P.O. Box 70095 Charlotte. NC 28272-0095 2. Buyer's legal rights include the right to pay all or part of the amounts due on this Contract in advance of their due dates, to obtain a r~fund or credit of unearthed Finance Charge whenever the amount is paid in full in advance, ar~ (with Seller's consent) to reinstate the Contract if Buyer tim..lv m,w-~ ~ ~-~,,~* VI. ADDITIO "N~L 'PROVISIONS in the Payment Schedule. the first payment date. fol lowing address: Buyer agrees to pay Seller the Total Sale Price hy making the total down payment and paying Seller the Total of Payments in the number and amount of monthly payments shown Payments are due on or before the same date of each month as Payments must be made to First Wachovia, Inc. at the First Wachovia, Inc. P.O. Box 70095 Charlotte, NC 28272-0095 2. Buyer's legal rights include the right to pay all or p~ of the ~ts dne 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, ar~ (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 occt~ence of any of the followincj: (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 ~uyer of c-rime involving fraud or dishonesty, (f) insolvency or bankruptcy of any Buyer. 4. Upon or after the occurrence of any Event of Default, Seller will provide Buyer with notice, by certified mail as required by law, addressed to Buyer's last known ad~s as shown on Seller's records, advising Buyer of the default and of Buyer's right to cure the default. /he notice will provide the time, a~t and performance necessa~ to ct~e 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. /he Buyer agrees to pay all attorney's fees and other r~asonable collection costs and charges necessary for the collection of any amount not paid when due. 5. Waiver by Seller of any event of default shall not be binding upon Seller if Seller should thereafter ch~Dse to exercise that or an}, other right or a similar Event of Default occu~ later. All Seller's rights and remedies shall 1~ cumulative. Seller's exercise of one or more rights shall not cause Seller to lose an), 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 Assi91~ee of this Contract. which ~si~ulee shall have all of Seller's rights ar~ 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. 8. APPLIC~B~RLAW: /his 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. 3 9. CONS~ TO JURISDICTION, VflNUE AND ~VICE: The parties to this Agreement consent and agree that all legal proceedings relating to the subject matter hereof shall be maintained in the Cou~ of Common Pleas of OJmherland County, Pennsylvania, or, if applicable, the United States District Court of the Middle District of Pennsylvania, and al 1 pa/ties hereto consent and agree that jurisdiction and venue for such proceedings shall lie exclusively within said court. Service of process in any such proceedinc3 may be made by certified~mail, return receipt requested, directed to the respective pa~y at the address set forth above. 10. This Contract shall be binding upon the parties hereto, their heirs, successors, assigns and legal r~presentatives. 11. TIME IS OF THE 5b~CE OF THIS CONTRACT. NOTICE: ANY HOLDER OF THIS CONSUM]Sq CREDIT CONTRACT IS SUBJECT TO AiL CLAIMS AND D~'~NS~ WHICH THE DEBTOR COULD A~k~T AGAINST THE S~.LRR OF GOODS OR ~qlCES OBTAINfD PURSUANT HERElnO OR WITH THE PROc~:~:I~ HEREOF. RECOVfRY HERfDNDER BY THE DEBTOR SHALL NOT AMOUNTS PAID BY THE DEBTOR HEREUND]fR. NOTICE TO BUYER: (1) DO NOT SIGN THIS A67~ BEFORE YOU READ IT OR IF IT CONTAINS ANY BLANK SPACE. (2) YOU ARE f~gTI/7~n TO A COMPL~I'~LY FIT3.RD-IN COPY OF THIS AG~. (3) UNDfR THE LAW, YOU HAVE THE RIGHT TO PAY OFF IN ADVANCE THE FUlL AMOUNT DUE AND UNDER Cmwl-AIN CONDITIONS TO OBTAIN A PARTIAL REFUND OF THE FINANCE CHARGE. BUYER(S) ACKNO~.~nGE(S) RECEIVING A CCMP~,~,'~'~ COPY OF THIS CONTRACT AND INlaND(S) TO BE L~ALLY BOUND BY ITS l~. BUYER(S): I AGREE TO REPAY ALL AMCUNTS DUE ON THIS LOAN IF THE BORROWER(S)/BUYER(S) FAILS TO DO SO IN ACCORDANCE WITH THE 'f~F~4S OF THE NOTE: TRANSCRIPT OF A STUDENT'S RECORD WILL NOT BE RELEASED IF LOAN PAYMENTS TO THE COLLEGE ARE IN ARREARS OR DEFAULT. DATE DICKINSON 4 DICKINSON COLLEGE FLEXIBLE FINANCING SYSTEM - PLAN B EDUCATION~L GOODS AND SERVICES RETAIL INSTALLMENT CONTRACT Date July 28, 1993 Seller: Buyer(s): Dickinson College, Carlisle, Pennsylvania 17013-2896 Michael F. and Janet K. Kevi]]e 531 Daventry Road Berwyn, PA 19312 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 Kirstin K~vil]~ (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 % $ 5,107.28 AMOUNT FINANCED: Amount of credit provided by Dickinson college S 10,000.00 TOTAL OF PAYMENTS: Amount paid by Buyer as total of all scheduled payments S 15.107.28 TOTAL SALE PRICE: Total cost of purchase on credit, in- cluding down payment of s 12,590.00 $ 27,5g0.~0 Rev 2/92 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 madetby certified mail, return receipt requested, directed to the respective party at the address set forth above. 10. This Contract shall be binding upon the parties hereto, their heirs, successors, assigns and legal representatives. 11. TIME IS OF THE ESSENCE OF THIS CONTRACT. NOTICE: ANy HOLDER OF THIS CONSUMER CREDIT CONTRACT IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH THE DEBTOR COULD ASSERT AGAINST THE SELLER OF GOODS OR SERVICES OBTAINED PURSUANT HERETO OR WITH THE PROCEEDS HEREOF. RECOVERY HEREUNDER BY THE DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR HEREUNDER. NOTICE TO BUYER: (1) DO NOT SIGN THIS AGREEMENT BEFORE YOU READ IT OR IF IT CONTAINS ANY BLANK SPACE. (2) YOU ~ ENTITLED TO A COMPLETELY FILLED-IN COPY OF THIS AGREEMENT. (3) UNDER THE LAW, YOU HAVE THE RIGHT TO PAY OFF IN ADVANCE TEE FULL AMOUNT DUE AND UNDER CERTAIN CONDITIONS TO OBTAIN A PARTIAL REFUND OF THE FINANCE CHARGE. BUYER(S) ACF~NOWLEDGE(S) RECEIVING A COMPLETED COPY OF THIS CONTRACT AND INTEND(S) TO BE LEGALLY BOUND BY ITS TERMS. BUYER(S): AGREE TO REPAY ALL AMOUNTS DUE ON THIS LOgaN IF THE BORROWER(S)/BUYER(S) FAILS TO DO SO IN ACCORDANCE WITH THE TERMS OF THE NOTE: STUDEN~ COBIGNER ~SCRIF~ ~ A S~E~'S REC~ WII~ NO~ ~E IF LOAM PAYMENTS TO THE CO~.T,~GE A~ IN ARREARS OR DEFAULT. DATE: DICKINSON COLLEGE 4 DICKINSON COLLEGE FLEXIBLE FINANCING SYSTEM - PLAN A EDUCATIONAL GOODS AND SERVICES RETia_IL INSTALLMENT CONTRACT September 29, 1994 Seller: Buyer(s): Dickinson College, Carlisle, Perkusylvania 17013 Michael F. and Janet K. Keville 531 Daventry Rd. Berwyn, PA 19312 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 Kirstin Keville (hereinafter "Student") during his/her enrollment at Dickinson College during the 1994-1995 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 AMD PAYMENT SCHEDULE Disclosures Required by Federal Law ANNUAL PERCENTAGE P~ATE: Cost of credit as yearly rate Prior to repay- ment: 11.00% During repay- ment: 11.00% FINAMCE CHARGE: Dollar Amount credit will cost Buyer $ 2,215.41 AMOUNT FINANCED: Amount of credit provided by Dickinson College $ 4,000.00 TOTAL OF PAYMENTS: A/nount paid by Buyer as total of all scheduled payments $ 6,335.41 TOTAL SALE PRICE: Total cost of purchase on credit including down payment of $ 19,700.00 $ 23,700.00 Rev 2/92 Buyer's payment schedule will be as follows: Keville Number of Payments 20 Amount of Payments $ 36.67 72 $ 76.14 When Payments are Due monthly commencing 09/28/94, and continuing until 04/28/96 or such time as Student is no longer enrolled at Dickinson (or in an approved full-time off-campus program of studies), whichever is earlier. monthly commencing 05/28/96 or such time as Student is no longer enrolled at Dickinson (or in an approved full-time off-campus program of studies), whichever is earlier. 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 THE CON"PRACT BELOW FOR AlqY ADDITIONAL INFORMATION ABOUT NON-PAYMENT, DEFAULT AND REQUIRED REPAYMENT BEFORE THE SCHEDULED DATE FOR REPAYMENT OF THE AMOUNT FINANCED. III. ITEMIZATION OF A~4OUNT FINANCED 1. Cash price of Goods and Services: $ 2. Total dow~ payment: 3. Unpaid balance of cash price (1 - 2): 4. Amount paid to others on Buyer's behalf: 5. Amount Financed (3 + 4): $ 23,700.00 19,700.00 4,000.00 4,000.00 IV. CREDIT INSURANCE Credit life insurance for the term of this Contract is not required. V. NO WARRANTIES THERE ARE NO WARRANTIES, EITHER EXPRESSED OR IMPLIED, GIVEN BY SELLER IN CONNECTION WITH SALE OF THE GOODS AND SERVICES COVERED BY THIS CONTRACT UNLESS BUYER HAS BEEN GIVEN A SEPARATE WRITTEN WARRANTY. VI. ADDITIONAL PROVISIONS 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 Technolgies, 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 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. 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 rights and remedies. If any part of this Contract is held to be illegal, void or unenforceable, that provision shall be deemed not to have been a part of this Contract, which shall otherwise remain fully effective. 3 So APPLICABLE LAW: This Agreement, whenever called upon to be construed, shall governed by the domestic internal laws of the Commonwealth of Pennsylvania exce to the extent supplemented, superseded or preempted by federal law. 10. 11. CONSENT TO JURISDICTION, VENUE AND SERVICE: The parties to this Agreement consent and agree that all legal proceedings relating to the subject matter hereof shall be maintained in the Court of Common Pleas of Cumberland County, Pennsylvania, or, if applicable, the United States District Court of the Middle District of Pennsylvania, and all parties hereto consent 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. TIME IS OF THE ESSENCE OF THIS CONTRACT. NOTICE: ANY HOLDER OF THIS CONSUMER CREDIT CONTRACT IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH THE DEBTOR COULD ASSERT AGAINST THE SELLER OF GOODS OR SERVICES OBTAINED PURSUANT HERETO OR WITH THE PROCEEDS HEREOF. RECOVERY HEREUNDER BY THE DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR HEREUNDER. NOTICE TO BUYER: (1) DO NOT SIGN THIS AGREEMENT BEFORE YOU READ IT OR IF IT CONTAINS ANy BLANK SPACE. (2} YOU ARE ENTITLED TO A COMPLETELY FILLED-IN COPY OF THIS AGREEMENT. (3) UNDER THE LAW, YOU HAVE THE RIGHT TO PAY OFF IN ADVANCE THE FULL AMOUNT DUE AND UNDER CERTAIN CONDITIONS TO OBTAIN A PARTIAL REFUND OF THE FINANCE CHARGE. BUYER(S) ACKNOWLEDGE(S) RECEIVING A COMPLETED COPY OF THIS CONTRACT AND INTEND(S) TO BE LEOALLY BOUND BY ITS TE S. I AGREE TO REPAY ALL AMOUNTS DUE ON THIS LOAN IF THE BORROWER(S)/BUYER(S) FAILS TO DO SO IN ACCORDANCE WITH THE TERMS OF THE NOTE: TRANSCRIPTS OF A STUDF21T'S RECORD WILL NOT BE RELEASED IF LOAN PAYMENTS TO THE COLLEGE ARE IN ARREARS OR DEFAULT. DATE: DICKINSON COLLEGE DICKINSON COLLEGE FLEXIBLE FINANCING SYSTEM - PLAN S EDUCATIONAL GOODS AND SERVICES RETAZL INSTALLMENT CONTRACT October 3, 1994 Seller: Suyer(s): Dickinson college, Carlisle, Pennsylvania 17013-2896 Michael Fo & Janet K. Keville 531 Daventry Rd. Berwyn PA 19312 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 Kirstin Keville (hereinafter "Student") during his/her enrollment at Dickinson College during the 1994-1995 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 P PRICE: Total cost of purchase on credit, including down payment of 13,700.00 8.25 % $ 5,559.66 $ 10,000.00 $ 15,559.66 $ 23,700.00 Rev 2/92 Michael F. & Janet K. Kevil] Buyer's payment schedule will be as follows: Number of Payments 139 Amount of Payments When Payments are Due $ 111.94 Monthly commencing 10/28/94 until 05/28/06 *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 $10,000.00 at 8.25% per annum for 139 months, and the prime ~ate plus 1% were increased to 9.25%, your regular monthly payments would increase to $117.49. 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 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 THE 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: $ 23,700.00 2. Total down payment: 13,700.00 3. Unpaid balance of cash price (1 - 2): 10,000.00 4. Amount paid to others on Buyer's behalf: - 0 - 5. Amount Financed (3 + 4): $ 10,000.00 IV. CREDIT INSURANCE Credit life insurance for the term of this Contract is not required. V. NO WARRANTIES THERE A~E NO WARRANTIES, EITHER EXPPd~SSED 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) (b) (c) (d) (e) (f) failure to make any payment on or before the date it is due, failure to make a payment on any other Contract outstanding with Seller, failure to perform any other provision of the Contract, providing Seller with false information or signatures, death, incompetence, or conviction of any Buyer of crime involving fraud or dishonesty, insolvency or bankruptcy of any Buyer. Upon or after the Occurrence of any Event of Default, Seller will provide Buyer with notice, by certified mail as required by law, addressed to Buyer's last known 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. 5o 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 shall be maintained in the Court of Common Pleas of Cumberland County, Pennsylvania, or, if applicable, the United States District Court of the Middle District of Pennsylvania, and all parties hereto consent and agree that jurisdiction and venue for such proceedings shall lie exclusively within said court. Service of process in any such proceeding may be made by certified mail, return receipt requested, directed to the respective party at the address set forth above. 10. 11. 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 WHICH THE DEBTOR COULD ASSERT AGAINST THE SELLER OF GOODS OR SERVICES OBTAINED PURSUANT HERETO OR WITH THE PROCEEDS HEREOF. RECO~RY HEREUNDER BY THE DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR HEREUNDER. NOTICE TO BUYER: (1) DO NOT SIGN THIS AGREEMENT BEFORE YOU READ IT OR IF IT CONTAINS ANY BLANK SPACE. (2) YOU ARE ENTITLED TO A COMPLETELY FILLED-IN COPy OF THIS AGREEMENT. (3) UNDER THE LAW, YOU HAVE THE RIGHT TO PAY OFF IN ADVANCE THE FULL AMOUNT DUE AND UNDER CERTAIN CONDITIONS TO OBTAIN A PARTIAL REFUND OF THE FINANCE CHARGE. BUYER(S) ACKNOWLEDGE(S) RECEIVING A COMPLETED COPY OF THIS CONTRACT AND INTEND(S) TO BE LEGALLY BOUND BY .ITS TERMS. · ~ ~ I ~GREE TO RE~¥ ~L~ AMOUNTS ~U~ ON THIS ~O~N I~ TEE BORRO~ER(S)~BUYER(S) P~I~ TO DO SO IN ACCORdAnCE ~ITH THE TE~S O~ THE NOT~ STUDENT COSIGNER TRANSCRIPT OF A STUDENT'S RECORD WILL NOT BE RELEASED IF LOAN PAYMENTS TO THE COLLEGE ARE IN ARREARS OR DEFAULT. DATE: DICKINSON COLLEGE DICKINSON COLLEGE FLEXIBLE F'rNANC'rN~, SYSTEH - PL,~N B EDUCATIONAL GOODS AND SERVICES RETAIL INSTALLMENT CONTRACT August 25, 1995 Seller: Buyer(s): Dickinson College, Carllele, Pennsylvania 17013-2896 Michael F. & Janet K. Keville 531 Daventry Rd. Berwyne, PA 19312 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 ali 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 cas~ may be, to Kirstin Keville (hereinafter Student ) during his/her enrollment at Dickinson Colleg~ during the 1995-1996 academic year, including tuition, room and board, books and supplies as hereir 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 % $ 2,469.76 $ 3,920.00 TOTAL OF PAYMENTS: Amount paid by Buyer as total of all scheduled payments $ 6,389.76 TOTAL SALE PRICE: Total cost of purchase on credit, includin~ down payment of $ 20,950.00 $ 24,870.00 Rev 2/92 Kevil] Buyer s payment schedule will be as follows: Number of Payments 128.00 Amount of Payments When Payments are Due $ 49.92 Monthly commencing 09/28/95 until 05/28/06 *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 i: 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 increase( 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 ] 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 an¢ Services sold hereunder were $3,920.00 at 10.00% per annum for 128.00 months an~ the prime rate plus 1% were inc=eased to 11.00%, your regular monthly payments would increase to $52.15. 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 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 CNARGE due through the date of early payment, in full or in art, without penalty. SEE SECTION VI OF THE CONTRACT BELOW FOR ANY ADDITIONAL INFOP4~ATION 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: $ 24,870.00 2. Total down pa}~ent: 20,950.00 3. Unpaid balance of cash price (1 - 2): 3,920.00 4. Amount paid to others on Buyer s behalf; - 0 - 5. Amount Financed (3 + 4)~ $ 3,920.00 IV. CREDIT INSURANCE Credit life insurance for the term of this Contract is not required. V. NO WA~d~%NTIES 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. V~. ADDITIONAL PROVISIONS 2o 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 pa!a~ents 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: Edueerv Technologies, Inc. P.O. Sox 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 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 consent and agree that all legal proceedings relating to the subject matter hereof shall be maintained in th~ 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 p~ocess 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. 11. 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 WHICH THE DEBTOR COULD ASSERT AGAINST THE SELLER OF GOODS OR SERVICES OBTAINED PURSUANT HERETO OR WITH THE PROCEEDS HEREOF. RECOVERY HEREUNDER BY THE DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR HEREUNDER. NOTICE TO BUYER: (1) DO NOT SIGN THIS AGREEMENT BEFORE YOU READ IT OR IF IT CONTAINS ANY BLANK SPACE. (2) YOU ARE ENTITLED TO A COMPLETELY FILLED-IN COPY OF THIS AGHEEMENT. (3) UNDER TEE LAW, YOU HAVE THE RIGHT TO PAY OFF IN ADVANCE THE FULL AMOUNT DUE AND UNDER CERTAIN CONDITIONS TO OBTAIN A PARTIAL REFUND OF THE FINANCE CHARGE. BUYER(S) ACKNOWLEDGE(S) RECEIVING A COMPLETED COPY OF THIS CONTRACT AND INTEND(S) · BUYER(S): f~Cc/~-~--~'/l'~-v/~, i AGREE TO REPAY ALL AMOUNTS DUE ON THIS LOAN IF THE BOREOWER(S)/BUYER(S) FAILS TO DO SO IN ACCORDANCE WITB THE TERMS OF THE NOTE: T~ANSCRIPT OF A STUDENT'S RECORD WILL NOT BE ~-~SBD IF LOAN PAIq4ENTS TO THE COT.T.mGE ARE IN ARREARS OR DEFAULT. DATE: DICKINSON COLLEGE 4 DICKINSON COLLEGE FLEXIBLE FINANCING SYSTEM - PLAN B EDUCATIONAL GOODS AND SERVICES RETAIL INSTALT.MENT CONTRACT December 12, 1995 Seller: Buyer(s): Dickinson College, Carlisle, Pennsylvania 17013-2896 Michael F. & Janet K. Keville 531 Daventry Rd. Berwyne, PA 19312 If there is more than one Buyer, each of you will be obligated, jointly and severally, fo~ 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 Kirsten Keville (hereinafter "Student") during his/he: enrollment at Dickinson College during the 1995-1996 academic year, including tuition, room an( 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 $ 20,950.00 10.00 % $ 2,382.92 $ 3,920.00 $ 6,302.92 $ 24,870.00 Rev 2/92 Kevil Buyer's payment schedule will be as follows: Number of Payments 124 Amount of Payments $ 50.83 When Payments are Due Monthly commencing 1/28/96 until 05/28/06 *Variable Rate: The ANNUAL PERCENTAGE RATE disclosed above is a ~ 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 clo~ of businsss on Jun~ 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 $3,920.00 at 10.00% per annum for 124 months and the prime rate plus 1% were increased to 11.00%, your regular monthly payments would increase to $53.04. 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 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 part, without penalty. SEE SECTION VI OF THE CONTRACT BELOW FOR ANY ADDITIONAL INFORMATION ABOUT NON-PAYMeNT, DEFAULT AND REQUIRED REPAYMENT BEFORE THE SCHEDULED DATE FOR REPAYMENT OF THE AMOUNT FINANCED. III. ITEMIZATION OF AMOUNT FINANCED 1. Cash price of Goods and Services: $ 24,870.00 2. Total down payment: 20,950.00 3. Unpaid balance of cash price (1 - 2): 3,920.00 4. ~.mount paid to others on Buyer's behalf: - 0 - 5. Amount Financed (3 + 4): $ 3,920.00 IV. CREDIT INSURANCE Credit life insurance for the term of this Contract is not required. V. NO W~RANTIES THERE ARE NO WARPJ~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 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) (b) (c) (d) (e) (f) failure to make any payment on or before the date it is due, failure to make a payment on any other Contract outstanding with Seller, failure to perform any other provision of the Contract, providing Seller with false information or signatures, death, incompetence, or conviction of any Buyer of crime involving fraud or dishonesty, insolvency or bankruptcy of any Buyer. Upon or after the occurrence of any Event of Default, seller will provide Buyer with notice, by certified mail as required by law, addressed to Buyer's last known address as sho~n 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. 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. ~PPLICARLE 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 S~RVICE: 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 raguested~ directed to the respective party at the add~=~ sst 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 CONTP~%CT. 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 EUYER: (1) DO NOT SION THIS AGREEMENT EEFOHE 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 ITS TERMS. BUYER(S): I AGREE TO REPAY ALL AMOUNTS DUE ON THIS LOAN IF THE BORROWER(S)/BUYER(S) FAILS TO DO $O IN ACCORDANCE WITH THE TERMS OF THE NOTE: BTUDENT cosiGRER TR~/~SCRIPT OF A STUDENT'S RECORD WILL NOT BE IF LOAN PAIq~ENTB TO TH~ CQI, LEGE ARE IN AItREJ%RS OR DEFAULT. DATE: DICKINSON COLLEGE 4 DICKINSON COLLEGE FLEXIBLE FINANCING SYSTEM - PLAN B EDUCATIONAL GOODS AND SERVICES RETAIL INSTALLMENT CONTRACT Date:November 14, 1996 Seller: Buyer(s): Dickinson College, Carlisle, Pennsylvania 17013-2896 Michael F. & Janet K. Keville 531 Daventry Rd. Berwyn PA 19312 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 Kirstin Keville (here inafter as "Student") during his/her enrollment at Dickinson College during the 1996-1997 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, in- cluding down payment of $26,410.00 9.25% $2,783.75 $5,550.00 $ 8,333.75 $20,860.00 Buyer's payment schedule will be as follows: Number of Payments 113 ~nount of Payments 73.75 When Payments are Due Monthly com/~encing 12/28/96 until 05/28/06. *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. ~tny increase will be in the form of higher payment amounts. If your cost of the Goods and Services sold hereunder were $5,550.00 at 9.25% per annu/n for 113 months, and the prime rate plus 1% were increased to 10.25%, your regular monthly payments would increase to $ 76.77. 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 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 A/nount Financed and any FIND~NCE C~J~RGE due through the date of early payment, in full or in part, without penalty. SEE SECTION VI OF THE CONTRACT BELOW FOR ~LNY ~DDITIONAL INFORMATION D~OUT NON-PAYMENT, DEFAULT D/qD REQUIRED REPAYMENT BEFORE THE SCHEDULED DATE FOR REPAYMENT OF THE AMOUNT FIN~/qCED. III. ITEMIZATION OF ~24OUNT FINANCED 1. Cash price of Goods and Services: $ 26,410.00 2. Total down payment: 20,860.00 3. Unpaid balance of cash price (1 - 2): 5,550.00 4. Amount paid to others on Buyer's behalf: -0- 5. D/nount Financed (3 + 4): $ 5,550.00 V. CREDIT INSUR3~NCE Credit life insurance for the term of this Contract is not required. V. NO WARRD/qTIES THERE ARE NO WA~PJ~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 SEP~LRATE WRITTEN WARRANTY. 2 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 ail 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 com~tted an "Event of Default" of the Contract upon the occurrence of any of the following: (a) (b) (d) (e) (f) failure to make any payment on or before the date it is due, failure to make a payment on any other Contract outstanding with Seller, failure to perform any other provision of the Contract, providing Seller with false information or signatures, death, incompetence, or conviction of any Buyer of crime involving fraud or dishonesty, insolvency or bankruptcy of any Buyer. Upon or after the occurrence of any Event of Default, Seller will provide Buyer with notice, by certified mail as required by law, addressed to Buyer's last known 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. APPLIC~LE 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 p~oceeding may be made by certified mail, return receipt requested, directed to the respective party at the address set forth above. 10. 11. This Contract shall be binding upon the parties hereto, their heirs, assigns and legal representatives. TIME IS OF THE ESSENCE OF THIS CONTRACT. successors, NOTICE: ANy HOLDER OF THIS CONSUMER CREDIT CONTP~ACT IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH THE DEBTOR COULD ASSERT AGAINST THE SELLER OF GOODS OR SERVICES OBTAINED PURSU~J~T HERETO OR WITH THE PROCEEDS HEREOF. RECOVERY HEREUNDER BY THE DEBTOR SHA~L 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 BLD/qK 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 D~DVANCE THE FULL ~LMOUNT 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 ITS T RMS BUYER(S):~~/~~/// ' I AGREE TO REPAY ALL AMOUNTS DUE ON THIS LOAN IF THE BORROWER(S)/BUYER(S) FAILS TO DO SO IN ACCORDANCE WITH THE TERMS OF THE NOTE: TRANSCRIPT OF A STUDENT'S RECOP. D WILL NOT BE ~ELEASED IF LOAN PAI94ENTS TO T~ COLLEGE APE IN A~/~EAP~ 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 15 Pa. C.S. § 4904 relating to unsworn falsification to authorities, which provides that if I knowingly make false averments, I may be subject to criminal penalties. Dickinson College, Thomas Assistant Treasurer of Dickinson College Dated: SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2003-06005 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DICKINSON COLLEGE VS KEVILLE MICHAEL F ET AL R. Thomas Kline duly sworn according to law, and inquiry for the within named DEFENDANT , Sheriff or Deputy Sheriff who being says, that he made a diligent search and to wit: in his bailiwick. County, KEVILLE MICHAEL F but was unable to locate Him deputized the sheriff of CHESTER serve the within COMPLAINT & NOTICE He therefore Pennsylvania, to On December 9th 2003 , this office was in receipt of the attached return from CHESTER Sheriff's Costs: Docketing Out of County Surcharge Dep Chester Co 18.00 9.00 10.00 43.99 .00 80.99 12/09/2003 MDW&O Thomas Kline Sheriff of Cumberland County Sworn and subscribed to before me SHERIFF'S RETURN - CASE NO: 2003-06005 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DICKINSON COLLEGE VS KEVILLE MICHAEL F ET AL OUT OF COUNTY Thomas Kline duly sworn according to law, says, that he made a diligent and inquiry for the within named DEFENDANT , to wit: Sheriff or Deputy Sheriff who being search and KEVILLE JANET but was unable to locate Her deputized the sheriff of CHESTER in his bailiwick. County, serve the within COMPLAINT & NOTICE He therefore Pennsylvania, to On December 9th , 2003 , this office was in receipt of the attached return from CHESTER Sheriff's Costs: Docketing Out of County Surcharge 6.00 .00 10.00 .00 .00 16.00 12/09/2003 MDW&O R. Thomas Kline Sheriff of Cumberland County Sworn and subscribed to before me SHERIFF'S RETURN - CASE NO: 2003-06005 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DICKINSON COLLEGE VS KEVILLE MICHAEL F ET AL OUT OF COUNTY R. Thomas Kline duly sworn according to law, and inquiry for the within named DEFENDANT , Sheriff or Deputy Sheriff who being says, that he made a diligent search and to wit: in his bailiwick. County, KEVILLE KIRSTIN but was unable to locate Her deputized the sheriff of CHESTER serve the within COMPLAINT & NOTICE He therefore Pennsylvania, to On December 9th 2003 attached return from CHESTER Sheriff's Costs: Docketing 6.00 Out of County .00 Surcharge 10.00 .00 .00 16.00 12/09/2003 MDW&O Sworn and subscribed to before me this /l~ day __ , this office was in receipt of the Rf Thomas ~line Sheriff of Cumberland County In The Court of Common Pleas of Cumberland County, Pennsylvania Dickinson ColleGe VS. Michael F. Keville et , SE~: Michael F. K~e ~ November 18, 2003 03-6005 civil , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize ttie Sheriff of CheSter County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA .... '~ ' " '"'"'t'~*~"'~"'" ',t,'-','~'£ '~;~'~' ;" 24:'I Affidavit of Service -~: ~:::' ,200,:~ , at 1/:20 o'clock ~ M. s~ed~ NOW~ within at by handing to p~¢~_ ~,~tlil[t,~ copy of the original and made known to the contents thereof. Wear Oh "nmeCrN, Not Sworn and subscribed be~ore me this ~,~. day of So answers, COSTS SERVICE MILEAGE AFFIDAVIT County, PA In The Court of Common Pleas of Cumberland County, Pennsylvania Dickinson College S~]~R~F'D L~'~'~; ~ VS. Michael F. Keville et al : Janet Keville 5311~ea.L~ ~ Berwqm, PA 19312 03-6005 civil Now, November 18, 2003 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize ttie Sheriff of CheSter County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff o f Cum her and County,l~ Affidavit of Service ~ ' r' q z:: {i'! ': Now, Qe ternc~Z ~o ,2003. , at H;2o o'clock fl M. ~e~e within C'~oiL co~p~ upon by handing to I'q[cmo_t. ~ t<evi~t~ a copy of the original and made known to the contents thereof, So answers, COSTS SERVICE MILEAGE AFFIDAVIT County, PA In SE~: The Court of Common P~eF~,.E~un~le~rJ,a~d County, Pennsylvania Dickinson College VS. Michael F. Keville et al Kir~tin Keville 531Daventry Road ller~/n, PA 19312 0j~60,%s civil NOW, November 18, 2003 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize t/fie Sheriff of CheSter 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 h~ding a and made known to Affidavit of Service ,20q3 , at :JJ_~2o~ o'clock A M. served tl~ ,' copy of the original the contents thereof. Sworn and subscribed before methis ~ dayof.,~._. , 20~e~.~ So answers~ COSTS SERVICE MILEAGE AFFIDAVIT County, PA F/FiLES\DATAFILE\DickinsonCoIlege 7619\DickinsonCollcgeCollecfion~7619C\Cucrent\216 pta I Created: 2/6104 347PM DICKINSON COLLEGE, Plaintiff MICHAEL F. KEVILLE, JANET KEVILLE, and KIRSTIN KEVILLE Defendants 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-6005 CIVIL ACTION-LAW JURY TRIAL OF TWELVE DEMANDED PRAECIPE TO DISCONTINUE Plaintiff requests the above-captioned matter against Defendant Kirstin Kcville be discontinued without prejudice. ~ ~LIAMS & OTTO David R. Gallow~ay, E~mreB3k-'2''~ ~"~ _x~'~. i I. D. Number 87326 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Date: February 9, 2004 Attorneys for Plaintiff CERTIFICATE OF SERVICE I, Marti Iben, an authorized agent for Martson DeardorffWilliams & Otto, hereby certify that a copy of the foregoing Praecipe was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Michael F. Keville Janet Keville Kirstin Keville 531 Daventry Road Berwyn, PA 19312 MARTSON DEARDORFF WILLIAMS & OTTO Marti Iben Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: February 9, 2004 F: \flLES\DA 1 AFlLE\Dkk.insonCollege7619\Collections\Cufl"eI1t\216-pra2 Creat&l: lilliGS 2:27PM Revis~d: 1113105 3:15PM 1{j[9C216 David R. Galloway, Esquire MARTS ON DEARDORFF WILLIAMS & OTTO 10 E. High Street Carlisle, P A 17013 (717) 243-3341 Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DICKINSON COLLEGE, Plaintiff v. NO. 03-6005 CIVIL ACTION-LAW MICHAEL F. KEVILLE, JANET KEVILLE, and KlRSTlN KEVILLE Defendants JURY TRIAL OF TWELVE DEMANDED PRAECIPE TO SETTLE. DISCONTINUE & END Plaintiffrequests the above-captioned matter be marked settled, discontinued and ended. MARTSON DEARDO F WILLIAMS & OTTO BY~ David R. Gallow y, Esqmre 1. D. Number 87326 10 E. High Street Carlisle, P A 17013 (717) 243-3341 Date: January 13, 2005 Attorneys for Plaintiff CERTIFICATE OF SERVICE I, Jean Taylor, an authorized agent of Marts on Deardorff Williams & Otto, hereby certifY that a copy of the foregoing Praecipe was served this date by depositing same in the Post Office at Carlisle, P A, first class mail, postage prepaid, addressed as follows: Mr. Michael F. Keville Mrs. Janet Keville 531 Daventry Road Berwyn, PA 19312 MARTSON DEARDORFF WILL~S & OTTO /~ " ~~-~ ! Q ~ I L- Jeanr ylor I I Ten ~aSt High Street Carlisle, P A 17013 (717) 243-3341 B Date: January 13, 2005 ,- r-: --on ~- --! C,) ': - , f'<': \.L;