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Home My WebLink About03-6009P.APILESVDATAFILFVDfckinson College9619A ckfnsooCoI[eg ollections7619CADowmmmU59-comIwpd&g C,eWed? 8/11/03 1039AM , Revised 11116/03 1'.27PM )619c.159 DICKINSON COLLEGE, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. Q3 - (000 /?' L)I - t ? 1 CIVIL ACTION-LAW BARBARA M. MOONEY & SEAN D. MOONEY Defendants JURY TRIAL OF TWELVE DEMANDED 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 WILLIAMS & OTTO Dated: November 17, 2003 David R. Galloway' I. D. Number 87326 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff DICKINSON COLLEGE, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 03, 600 9 CIVIL ACTION-LAW BARBARA M. MOONEY & SEAN D. MOONEY Defendants 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, Barbara M. Mooney, (hereinafter "Parent"), is an adult individual residing with a last known address of 124 East Franklin Avenue, Camden County, Collingswood, NJ 08108. 3. Defendant, Sean D. Mooney, (hereinafter "Student'), is an adult individual with a last known address of 8715 1s` Avenue, Apartment 913D, Montgomery County, Silver Spring, MD 20910. 4. On or about August 5, 1996, Parent and Student entered into a Promissory Note (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 25, 1997, Parent and Student entered into an additional PromissoryNote (Note #2) with Plaintiff for the financing of $2,900.00, 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 August 26, 1998, Parent and Student entered into an additional PromissoryNote (Note #3) with Plaintiff for the financing of $2,260.00, 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 September 16, 1999, Parent and Student entered into an additional Promissory Note (note #4) with Plaintiff for the financing of $4,000.00, plus interest, for educational services and benefits to Student at Plaintiffs institution. A copy of Note #4 is attached hereto as Exhibit "D." 8. The collective principal balance for Note #1, Note #2, Note #3 and Note #4 is $11,660.00. 9. Note #1, Note #2, Note #3 and Note #4, grant Plaintiff reasonable collection and attorneys' fees which Plaintiff has calculated to be $1,749.00. 10. As of November 6, 2003, the principal and interest due and payable by Parent and Student to Plaintiff was $15,577.35, plus interest in the amount of $3.55 per day from November 6, 2003. 11. Parent and Student stopped making monthly payments on Note #1, Note #2, Note #3, and Note #4 on or about August 10, 2001. 12. As of November 6, 2003, the outstanding balance of $15,577.35 represents the total and actual overdue value of the financing provided to Parent and Student under Note #1, Note #2, Note #3 and Note #4 for which they have yet to pay. 13. Plaintiff fulfilled, performed and complied with all obligations and conditions ofNote #1, Note #2, Note #3 and Note #4. COUNTI BREACH OF CONTRACT Dickinson College v. Barbara M. Mooney & Sean D. Mooney 14. Plaintiff hereby incorporates by reference the averments contained in Paragraphs 1 through 13 of this Complaint. 15. Parent and Student breached the expressed and implied obligations, conditions and terms of agreement of Note #1 Note #2, Note #3 and Note #4 by failing to pay the amounts financed therein. WHEREFORE, Plaintiff demands judgment against Defendants, Barbara M. Mooney and Sean D. Mooney, in the amount of $15,577.35, plus interest in the amount of $3.55 per day from November 6, 2003, collection and attorneys' fees in the amount of $1,749.00 and costs of suit. COUNT II IN QUANTUM MERUIT Dickinson College v. Sean D. Mooney 16. Plaintiff hereby incorporates by reference the averments contained in Paragraphs 1 through 15 of this Complaint. 17. Having requested Plaintiff to loan money, and doing so to the benefit of Student, Student became liable to Plaintiff for said money. 18. Student has been unjustly enriched by accepting said money without paying Plaintiff reasonable compensation therefor. 19. The total amount by which Student has become enriched is $15,577.35, plus interest in the amount of $3.55 per day from November 6, 2003. WHEREFORE, Plaintiff demands judgment against Defendant, Sean D. Mooney, in the amount of $15,577.35, plus interest in the amount of $3.55 per day from November 6, 2003, collection and attorneys' fees in the amount of $1,749.00 and costs of suit. MARTSON DEARDORFF WILLIAMS & OTTO David R. Galloway I.D. No. 87326 Ten East High Street Carlisle, PA 17013-3093 (717) 243-3341 Attorneys for Plaintiff Date: November 17. 2003 0q5j-01 DICKINSON COLLEGE FLEXIBLE FINANCING SYSTEM - PLAN A EDUCATIONAL GOODS AND SERVICES RETAIL INSTALLMENT CONTRACT August 5, 1996 I. Seller: Dickinson College, Carlisle, Pennsylvania 17013 Buyer(s): Barbara M. Mooney 922 Grant Ave. W. Collingswood NJ 08107 C o, 4 *(, a 4J X 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 Sean D. Mooney (hereinafter "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 including down payment of Prior to repay- ment: 11.00% During repay- ment: 11.008 $ 1934.81 $ 2500.00 $ 23,910.00 $ 4509.81 $ 26,410.00 Rev 2/92 Mooney Number of Payments 44 72 Late charge: Prepayment: Buyer's payment schedule will be as follows: Amount of Payments When Payments are Due monthly commencing 09/28/96, and continuing until 04/28/00 or such time as Student is no $ 22.92 longer enrolled at Dickinson (or in an approved full-time off-campus program of studies), whichever is earlier. monthly commencing 05/28/00 or such time as $ 47.59 Student is no longer enrolled at Dickinson (or in an approved full-time off-campus program of studies), whichever is earlier. 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: $ 26,410.00 2. Total down payment: 23,910.00 3. Unpaid balance of cash price (1 - 2): 2500.00 4. Amount paid to others on Buyer's behalf: - 0 - 5. Amount Financed (3 + 4): $ 2500.00 2 V. 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 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 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 2. Buyer's legal rights include the right to pay all or part of the amounts due on this Contract in advance of their due dates, to obtain a refund or credit of unearned Finance Charge whenever the amount is paid in full in advance, and (with Seller's consent) to reinstate the Contract if Buyer timely cures any default. 3. Buyer shall be deemed to have committed an "Event of Default" of the Contract upon the occurrence of any of the following: (a) failure to make any payment on or before the date it is due, (b) failure to make a payment on any other Contract outstanding with Seller, (c) failure to perform any other provision of the Contract, (d) providing Seller with false information or signatures, (e) death, incompetence, or conviction of any Buyer of crime involving fraud or dishonesty, (f) insolvency or bankruptcy of any Buyer. 4. Upon or after the occurrence of any Event of Default, Seller will provide Buyer with notice, by certified mail as required by law, addressed to Buyer's last known address as shown on Seller's records, advising Buyer of the default and of Buyer's right to cure the default. The notice will provide the time, amount and performance necaesary to cure the default. If Buyer does not cure the default as provided in the notice, Seller's rights shall include the right to declare all sums due on the Contract to be immediately due and payable. The Buyer agrees to pay all attorney's fees and other reasonable collection costs and charges necessary for the collection of any amount not paid when due. 5. Waiver by Seller of any Event of Default shall not be binding upon Seller if Seller should thereafter choose to exercise that or any other right or a similar Event of Default occurs later. All Seller's rights and remedies shall be cumulative. Seller's exercise of one or more rights shall not cause Seller to lose any other rights. 6. This Contract is freely assignable by Seller. Buyer agrees that upon receiving notice of the assignment Buyer shall be obligated to the Assignee of this 3 Contract, which A,oignee shall have all of Seller's right and remedies. 7. If any part of this Contract is held to be illegal, void or unenforceable, that provision shall be deemed not to have been a part of this Contract, which shall otherwise remain fully effective. 8. 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. 9_ 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 remiested, directed to the respective party at the address set forth above. 10. This Contract shall be binding upon the parties hereto, their heirs, successors, assigns and legal representatives. 11. TIME IS OF THE ESSENCE OF THIS CONTRACT. NOTICE: ANY HOLDER OF THIS CONSUMER CREDIT CONTRACT IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH THE DEBTOR COULD ASSERT AGAINST THE SELLER OF GOODS OR SERVICES OBTAINED PURSUANT HERETO OR WITH THE PROCEEDS HEREOF. RECOVERY HEREUNDER BY THE DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR HEREUNDER. NOTICE TO BUYER: (1) DO NOT SIGN THIS AGREEMENT BEFORE YOU READ IT OR IF IT CONTAINS ANY BLANK SPACE. (2) YOU ARE ENTITLED TO A COMPLETELY FILLED-IN COPY OF THIS AGREEMENT. (3) UNDER THE LAW, YOU HAVE THE RIGHT TO PAY OFF IN ADVANCE THE FULL AMOUNT DUE AND UNDER CERTAIN CONDITIONS TO OBTAIN A PARTIAL REFUND OF THE FINANCE CHARGE. BUYER(S) ACKNOWLEDGE(S) RECEIVING A COMPLETED COPY OF THIS CONTRACT AND INTEND(S) TO BE LEGALLY BOUND BY ITS TERMS. BUYER (S) (.L(. I AGREE TO REPAY ALL AMOUNTS DUE ON THIS LOAN IF THE BORROWER(S)/BUYER(S) FAILS TO DO SO IN ACCORDANCE WITH THE TERMS OF THE NOTE: STUDENT COSIGNER C- TRANSCRIPT OF 4,,SI DENT' S RECORD WILL NOT BE RELEASED IF LOAN PAYMENTS TO THE COLLEGE ARE IN ARREARS OR DEFAULT. DATE: DICKINSON COLLEGE BY 4 CK? C) l? ?1?5y-ol DICKINSON COLLEGE FLEXIBLE FINANCING SYSTEM - PLAN A EDUCATIONAL GOODS AND SERVICES RETAIL INSTALLMENT CONTRACT Date: September 25, 1997 1. Seller: Dickinson College, Carlisle, Pennsylvania 17013 Buyer(s): Barbara M. Mooney 922 Grant Ave West Collingswood NJ 08107 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 Sean D. Mooney (hereinafter "Student") during his/her enrollment at Dickinson College during the 1998 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 FINANCE AMOUNT PERCENTAGE CHARGE: FINANCED: RATE: Dollar Amount Amount of credit Cost of credit as credit will cost provided by yearly rate Buyer 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 Prior to repay- ment: 11.00% During repay- ment: 11.00% $1,89848 $2,900.00 $4,798.48 $24,390.00 $27,290.00 Buyer's payment schedule will be as follows: Number of Payments Amount of Payments When Payments are Due monthly commencing 10-28-97, and continuing until 04- 31 $26.58 28-00 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 05-28-00 or such time as Student 72 $55.20 is no longer enrolled at Dickinson (or in an approved full-time off-campus program of studies), whichever is earlier. 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. 2. 3. 4. 5 Cash price of Goods and Services: $27,290.00 Total down payment: 24,390.00 Unpaid balance of cash price (1 - 2): 2,900.00 Amount paid to others on Buyer's behalf: -0- Amount Financed (3 + 4): $ 2,900.00 2 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 Technologies, Inc. at the following address: 6duserv Technologies, inc. P.O. Box 64974 St. Paul, MN 55164-0974 2. Buyer's legal rights include the right to pay all or part of the amounts due on this Contract in advance of their due dates, to obtain a refund or credit of unearned Finance Charge whenever the amount is paid in full in advance, and (with Seller's consent) to reinstate the Contract if Buyer timely cures any default. Buyer shall be deemed to have committed an "Event of Default" of the Contract upon the occurrence of any of the following: (a) failure to make any payment on or before the date it is due, (b) failure to make a payment on any other Contract outstanding with Seller, (c) failure to perform any other provision of the Contract, (d) providing Seller with false information or signatures, (e) death, incompetence, or conviction of any Buyer of crime involving fraud or dishonesty, (f) insolvency or bankruptcy of any Buyer. 4. Upon or after the occurrence of any Event of Default, Seller will provide Buyer with notice, by certified mail as required by law, addressed to Buyer's last known address as shown on Seller's records, advising Buyer of the default and of Buyer's right to cure the default. The notice will provide the time, amount and performance necessary to cure the default. If Buyer does not cure the default as provided in the notice, Seller's rights shall include the right to declare all sums due on the Contract to be immediately due and payable. The Buyer agrees to pay all attorney's fees and other reasonable collection costs and charges necessary for the collection of any amount not paid when due. 5. Waiver by Seller of any event of default shall not be binding upon Seller if Seiler should thereafter choose to exercise that or any other right or a similar Event of Default occurs later. All Seller's rights and remedies shall be cumulative. Seller's exercise of one or more rights shall not cause Seller to lose any other rights. 6. This Contract is freely assignable by Seller. Buyer agrees that upon receiving notice of the assignment Buyer shall be obligated to the Assignee of this Contract, which Assignee shall have all of Seller's rights and remedies. 7. If any part of this Contract is held to be illegal, void or unenforceable, that provision shall be deemed not to have been a part of this Contract, which shall otherwise remain fully effective. 3. APPLICABLE LAW: This Agreement, whenever called upon to be construed, shall be governed by the domestic internal laws of the Commonwealth of Pennsvlvania except to the extent supplemented, superseded or preempted by federal law. 9. 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. to, This Contract shall be binding upon the parties hereto, their heirs, successors, assigns and legal representatives. it. 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 :L-212"WDLR. 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. BUYER(S): (a 4"L N ~? - I AGREE TO REPAY ALL AMOUNTS DUE ON THIS LOAN IF THE BORROWER(S)/BUYER(S) FAILS TO DOSON ACCORDANCE WITH THE TERMS OF THE NOTE: STUDENT COSIGNER,, /(mo TRANSCRIPT OF A STUDENT'S RECORD WILL NOT BE RELEASED IF LOAN PAYMENTS TO THE COLLEGE ARE IN ARREARS OR DEFAULT. DATE: DICKINSON COLLEGE BY ??-?a_==?-tea DICKINSON COLLEGE FLEXIBLE FINANCING SYSTEM - PLAN A EDUCATIONAL GOODS AND SERVICES RETAIL INSTALLMENT CONTRACT August 26, 1998 1. Seller: Dickinson College, Carlisle, Pennsylvania 17013 Buyer(s): Barbara M. Mooney 922 Grant Ave. W. Collingswood, NJ 08107 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 Sean D. Mooney (hereinafter "Student") during his/her enrollment at Dickinson College during the 1998 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 Prior to repay- ment: 11.00% 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 $25,630.00 During repay-ment: 11.00% $1661.20 X3O. $4661.20 $28,630.00 . Rev 2/92 ?.y 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 GIVE N 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 EEG Technologies, Inc. at the following address: EFG Technologies, Inc. P.O. Box 64974 St. Paul, MN 55164 2. Buyer's legal rights include the right to pay all or part of the amounts due on this Contract in advance of their due dates, to obtain a refund or credit of unearned Finance Charge whenever the amount is paid in full in advance, and (with Seller's consent) to reinstate the Contract if Buyer timely cures any default. 3. Buyer shall be deemed to have committedan "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. 4. Upon or after the occurrence of any Event of Default, Seller will provide Buyer with notice, by certified mail as required by law, addressed to Buyer's last known address as shown on Seller's records, advising Buyer of the default and of Buyer's right to cure the default. The notice will provide the time, amount and performance necessary to cure the default. If Buyer does not cure the default as provided in the notice, Seller's rights shall include the right to declare all sums due on the Contract to be immediately due and payable. The Buyer agrees to pay all attorney's fees and other reasonable collection costs and charges necessary for the collection of any amount not paid when due. 5. Waiver by Seller of any event of default shall not be binding upon Seller if Seller should thereafter choose to exercise that or any other right or a similar Event of Default occurs later. All Seller's rights and remedies shall be cumulative. Seller's exercise of one or more rights shall not cause Seller to lose any other rights. 6. This Contract is freely assignable by Seller. Buyer agrees that upon receiving notice of the assignment Buyer shall be obligated to the Assignee of this Contract, which Assignee shall have all of Seller's rights and remedies. 7. If any part of this Contract is held to be illegal, void or unenforceable, that provision shall be deemed not to have been a part of this Contract, which shall otherwise remain fully effective. 8. APPLICABLE LAW: This Agreement, whenever called upon to be construed, shall be governed by the domestic internal laws Mooney Number of Payments 20 72 When Payments are Due monthly commencing 09/28/98, and continuing until 04/28/00 or such time as Student is no longer enrolled at $27.50 Dickinson (or in an approved full-time off-campus program of studies), whichever is earlier. monthly commencing 05/28/00 or such time as Student $57.10 is no longer enrolled at Dickinson (or in an approved full- time off-campus program of studies), whichever is earlier. Late charge: If a payment is more than 15 days late, a sum equivalentto 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 Cash price of Goods and Services: 2. Total down payment: 3. Unpaid balance of cash price (1 - 2): 4. Amount paid to others on Buyer's behalf: 5. Amount Financed (3 + 4): Buyer's payment schedule will be as follows: Amount of Payments $ 28,630.00 25,630.00 3,000.00 -0- $ 3,000.00 of the Commonwealth of Pennsylvania except to the extent supplemented, superseded or preempted by federal law. 9. 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 maybe made by certified mail, return receipt requested, directed to the respective party at the address set forth above. 10. This Contract shall be binding upon the parties hereto, their heirs, successors, assigns and legal representatives. 11. TIME IS OF THE ESSENCE OF THIS CONTRACT. NOTICE: ANY HOLDER OF THIS CONSUMERCREDIT CONTRACT IS SUBJECT TO ALL CLAIMS AND DEFENSES WHIC H THE DEBTOR COULD ASSERT AGAINST THE SELLER OF GOODS OR SERVICES OBTAINED PURSUANT HERETO OR WITH THE PROCEEDS HEREOF. RECOVERY HEREUNDERBY THE DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR HEREUNDER. NOTICE TO BUYER: (1) DO NJOT 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. BUYER(S): a / I AGREE TO REPAY ALL AMOUNTS DUE ON THIS LOAN IF THE BORROWER(S)/BUYER(S) FAILS TO DO SO IN ACCORDANCE WITH THE TERMS OF THE NOTE: STUDENT COSIGNER TRANSCRIPTS OF A STUDENT'S RECORD WILL NOT BE RELEASED IF LOAN PAYMENTS TO THE COLLEGE ARE IN ARREARS OR DEFAULT. DATE: DICKINSON COLLEGE VERIFICATION I, THOMAS MEYER, Assistant Treasurer of Dickinson College, acknowledge that I have the authority to execute this Verification on behalf of Dickinson College and certify that the foregoing Complaint is based upon information which has been gathered by my counsel in the preparation of this lawsuit. The language of this Complaint is that of counsel and not my own. I have read the document and to the extent that this Complaint is based upon information which I have given to my counsel, it is true and correct and to the best of my knowledge, information and belief. To the extent that the content of this Complaint is that of counsel, I have relied upon counsel in making this Verification. This statement and Verification are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities, which provides that if I knowingly make false averments, I may be subject to criminal penalties. Dickinson College < Thomas Meyer Assistant Treasurer of Dickinson College Dated: F:1FIUSDAYAFILEmMkivson CoFegc J6191D1ekiveonCollcgcCOllanortsJ619QIbcumrntsll5¢comL"d CERTIFICATE OF SERVICE I, Marti Iben, an authorized agent ofMartson Deardorff Williams & Otto, hereby certify that a copy of the foregoing Complaint was served this date by depositing same in the Post Office at Carlisle, PA, Certified Mail/Restricted Delivery, postage prepaid, addressed as follows: Barbara M. Mooney 124 East Franklin Avenue Collingswood, NJ 08108 Sean D. Mooney 8715 151 Avenue Apartment 913D Silver Spring, MD 20910 MARTSON DEARDORFF WILLIAMS & OTTO By ILI ?G 4'Ald Marti n Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: November 17, 2003 C ,`_ t ? ? r' F\FILES\DATAFILMDickinson College]619\DickinsonCollegeCollecuons7619cs c=mm\159.pra1 Created: 1126103 9.09AM Revised 1126/03 9.I4AM DICKINSON COLLEGE, Plaintiff V. BARBARA M. MOONEY & SEAN D. MOONEY Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-6009 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 Barbara M. Mooney on November 18, 2003, by certified mail, restricted delivery, return receipt requested. Attached is the Post Office return receipt signed and dated November 21, 2003, and a copy of the receipt showing the cost of service was $9.07. MARTSON DEARDORFF WILLIAMS & OTTO B? David R. Gallcw squire I.D. No. 87326 Ten East High Street Carlisle, PA 17013-3093 (717) 243-3341 Date: November 26, 2003 Attorneys for Plaintiff CIO Postage $ $1.52 $2 30 Ln . U ru fTl Certified Fee • Return Receipt Fee SFgdorsement Required) i 'Here - D C3 O Restricted Delivery Fee , i '\ O JEndorsement Required) 'tl Or3 Total Postage & Fees $". ? Sent 7q ? t r-3 O O ? t, A i ...!CL ........... ........... ... ----.. .. of PO $os ALL [[ -- CC // - .. KKK - - --. -----"'---`?y? ------- ..`------""-- ---------`------..... - - ---- - --- - - ------ CERTIFICATE OF SERVICE I, Marti [ben, an authorized agent ofMartson Deardorff Williams & Otto, hereby certify that a copy of the foregoing Praecipe was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Barbara M. Mooney 124 East Franklin Avenue Collingswood, NJ 08108 MARTSON /DEARDORFF WILLIAMS & OTTO Marti Iben Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: November 26, 2003 1 r S `, -n C 7 Q ? W Ui -? F ML95\DATAEILE\Dlckinson College]619\DickmmCollege ollections7619CrCment\159.pra4/tde Created: 112&03 9'.07" Revised. 1/13/04 11 49" DICKINSON COLLEGE, Plaintiff V. BARBARA M. MOONEY & SEAN D. MOONEY Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-6009 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 Sean D. Mooney on November 18, 2003, by certified mail, restricted delivery, return receipt requested. Attached is the Post Office return receipt signed and dated December 9, 2003, and a copy of the receipt showing the cost of service was $9.07. MARTSON D`a TCR. Galloway,'?Ssq I.D. No. 87326 Ten East High Street Carlisle, PA 17013-3093 (717) 243-3341 WILLIAMS & OTTO Date: January 13, 2004 Attorneys for Plaintiff U.S. Postal Service CERTIFIED MAIL RECE IPT (Domestic SILWK gVINS w "me ?r e: °,w cc rq=l Ln Postage $ !1.52 f 13 y ?F`..? rU Certified Fee • A 01 Return Receipt Fee (Endorsement Required) i P rk ? O . Restricted Delivery Fee (Endorsement Required) G \ C3 Total Postage & Fees $ • `?\ Sent To _.... . _ ------------ rl O -------------- Street, Apt. N or PO Box No. . ------ - t` C/ty, Srate. ZIP+2?/ t' -'].. r__ .... ...................... CERTIFICATE OF SERVICE I, Tricia D. Eckenroad, authorized agent of Martson Deardorff Williams & Otto, hereby certify that a copy of the foregoing Praecipe was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Mr. Sean D. Mooney 8715 151 Avenue Apt. 913D Silver Spring, MD 20910 MARTSON DEARDORFF WILLIAMS & OTTO TxAa D. Eckenroa Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: January 13, 2004 F? C) I -? ? Y (r 1 ,F rn F:\ FILES\DATAFILE\Dlckiuon College 9619\DickinsonCollegeCollections7619C\Cument\159. stipl /dcg C,,.ed: 11/13/02 112]29 PM Revered: 01/09104 11.35 46 AM 9619x159 DICKINSON COLLEGE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. BARBARA M. MOONEY & SEAN D. MOONEY Defendants NO. 03-6009 CIVIL ACTION-LAW JURY TRIAL OF TWELVE DEMANDED STIPULATION AND AGREEMENT FOR ENTRY OF JUDGMENT AND NOW, comes Plaintiff, DICKINSON COLLEGE, by and through its attorneys, MARTSON DEARDORFF WILLIAMS & OTTO, and Defendants Barbara M. Mooney and Sean D. Mooney, who stipulate and agree as follows: 1. Pa. R.C.P. 1037(c) provides that in all cases, the Court, on motion of a party, may enter an appropriate judgment against a party upon admission. 2. Defendants agree and admit that Judgment should be entered against them in favor of Plaintiff in the amount of $17,385.80 plus costs of suit and interest from date of judgment as per the Notes attached to the Complaint. 3. The parties agree that the Court, upon motion of Plaintiff, may enter Judgment pursuant to this Stipulation without issuance of a Rule to Show Cause, and without further proceedings or notice. By Barbara M. Mooney 1" Floor 124 E. Franklin Ave. Collingswood, NJ 08108-1116 Pro Se Defendant Date: David R. Galloway E,?quire Martson Deardorff Williams & tto Ten East High Street Carlisle, PA 17013-3093 (717) 243-3341 Attorney for Plaintiff Date: _bZ o By -_?\ - Sean D. Mooney 8715 First Avenue D Silver Spring, M D'20910 Pro Se Defendant Date: _ / -/X-t ? CERTIFICATE OF SERVICE I, Tricia D. Eckenroad, an authorized agent for Martson Deardorff Williams & Otto, hereby certify that a copy of the foregoing Order was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as lbllows: Mr. Sean D. Mooney 8715 First Avenue, 913D Silver Spring, MD 20910 MARTSON DEARDORFF WILLIAMS & OTTO Pa D. Ecken oad Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: March 10, 2004 C7 ?v _° ? T ^ - =-- ? J R7? -.._ -rTrn -, '[? G ?? -:, C? _, <? _ `.r! l ?.. ? ?° .Jn ? _ i- l l? ?:? ? _ ? ? ={ P WILES\DATAPILE\Dickinson College 7619\Dlckin,onCOll,grC llations7619C\Cmrent1159_ord l/tde Created- 61191034.08PM Revised 7110IN 0:5OPM 76190,159 0 DICKINSON COLLEGE, Plaintiff V. BARBARA M. MOONEY & SEAN D. MOONEY Defendants llti AND NOW, this Z?? day of IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-6009 CIVIL ACTION-LAW JURY TRIAL OF TWELVE DEMANDED ORDER OF COURT M2_> Ll. _, 2004, upon consideration of the attached Stipulation, judgment is hereby entered in favor of Plaintiff, Dickinson College, against Defendant, Sean D. Mooney, in the amount of $17,385.80 plus costs of suit and interest from date of judgment as per the terms of the Notes attached to the Complaint. Prothonotary is directed to enter and index this judgment accordingly. BY THE COURT, for Plaintiff: Aavid R. Galloway, Esquire Ten East High Street Carlisle, PA 17013 Pro Se Defendant: Mr. Sean D. Mooney 8715 First Avenue, 913D Silver Spring, MD 20910 1 o3-aL-off oo - b? O Ma W q AJ1° I ?f a +l,.7, 1-Ili 9ZUNUOZ n'c6' CdG' acrid 3H1 ?o ]31:140-? ITL4 DICKINSON COLLEGE, Plaintiff V. BARBARA M. MOONEY : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-6009 CIVIL ACTION - LAW & SEAN D. MOONEY, Defendants JURY TRIAL DEMANDED TO: BARBARA M. MOONEY, DEFENDANT NOTICE OF ENTRY OF DEFAULT JUDGMENT You are hereby notified that on ("?r-4 d 7 2004, the following Judgment was entered against you in the above-captioned case: [I]n the amount of $15,577.35, plus interest from November 61 2003, in the amount of $1,256.70, collection and attorneys' fees in the amount of $1,749.00 for a total judgment of $18,583.05, plus costs of suit and interest from date of judgment as per the Notes attached to the Complaint for Defendant's failure to file an Answer to the Complaint Date: rxj ?? ?N?[f Prothonotary I hereby certify that the name and address of the proper person to receive this notice under Pa. R. Civ. P. 236 is: Ms. Barbara M. Mooney 124 East Franklin Avenue Collingswood, NJ 08108 i. FILES\DATAFILE\DickimmCollege9619\Collations\Current\159. PRA51nh Crmed: 10/20/04 2:53PM Revised: 10/25/04 3'.22PM 16190 159 David R. Galloway, Esquire MARTSON DEARDORFF WILLIAMS & OTTO I.D. 87326 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff DICKINSON COLLEGE, Plaintiff V. BARBARA M. MOONEY & SEAN D. MOONEY, Defendants TO THE PROTHONOTARY: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-6009 CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE Enter default judgment in the above-captioned action in favor of Plaintiff and against Defendant, BARBARA M. MOONEY, in the amount of $15,577.35, plus interest from November 6, 2003, in the amount of $1,256.70, collection and attorneys' fees in the amount of $1,749.00 for a total judgment o($18, 83O ., plus costs of suit and interest from date of judgment as per the Notes attached to the Complaint for Defendant's failure to file an Answer to the Complaint. I do hereby certify that a written notice of intention to file this Praecipe (in the form attached hereto) was mailed to the Defendant, Barbara M. Mooney, at the address indicated thereon, on December 15, 2003, which date was subsequent to the date default occurred and at least ten (10) days prior to the date of the Praecipe. rILLIAMS & OTTO Attorneys for Plaintiff Dated: October 25, 2004 I.V. Number 2S /j2b Ten East High Street Carlisle, PA 17013 (717) 243-3341 R "LES\DATAFILEIDickinson Cullcge 7G191Dickinsm?CollcgeQdlenioreJG l9QDocmnems\I59.nollAwi Crta?ed: 1/2703 22807 PM Pcvisel 12/11/03 2-3 31 PM 7619" o DICKINSON COLLEGE, Plaintiff V. BARBARA M. MOONEY & SEAN D. MOONEY Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-6009 CIVIL ACTION-LAW JURY TRIAL OF TWELVE DEMANDED TO: BARBARA M. MOONEY. DEFENDANT IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND, YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 Telephone:(717) 249-3166 MARTSON DEARDORFF WILLIAMS & OTTO a ?---?^ O By f David R. Gal ay, squire Ten East High Street Carlisle, PA 17013 (717) 243-3341 Date: December 15, 2003 Attorneys for Plaintiff CERTIFICATE OF SERVICE I, Nichole L. Myers, an authorized agent of MARTSON DEARDORFF WILLIAMS & OTTO, hereby certify that a copy of the foregoing Praecipe was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Ms. Barbara M. Mooney 124 East Franklin Avenue Collingswood, NJ 08108 Mr. Sean D. Mooney 8715 1 st Avenue Apartment 913D Silver Spring, MD 20910 MARTSON DEARDORFF WILLIAMS & OTTO By .JU lU U?Q 7) ?y 0 Nichole L. Myers Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: October 25, 2004 O/ T y^N' M ?-0 g ?i n 't1 ? ci r t,_ Gf; YT C; ?G l t O 4 N J L 0 Z U T -.Tt{ o fit tij C 4 F:\FILES\Clients\DickimonCollege7619\Collections\Current\159\7619C.159.pra6/n1m Created: 10/20/04 2:53PM Revised: 2/20/09 2:14PM 7619C.159 Christopher E. Rice, Esquire MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES I.D. 87326 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff DICKINSON COLLEGE, Plaintiff V. BARBARA M. MOONEY & SEAN D. MOONEY, Defendants TO THE PROTHONOTARY: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-6009 CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE Please mark the judgment in the above-referenced matter satisfied and the action discontinued. MARTSON LAW OFFICES By. 0"-44 < tz-, Christopher E. Rice, Esquire I.D. Number 90916 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff Dated: ./023/0 9 i CERTIFICATE OF SERVICE I, Mary M. Price, an authorized agent of MARTSON LAW OFFICES, hereby certify that a copy of the foregoing Praecipe was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Ms. Barbara M. Mooney 330 Orleans Boulevard McDonough, GA 30253 MARTSON LAW OFFICES By: M Price Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: 12,123)07 THIS IS A DEBT COLLECTING FIRM ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. ? ? ,sw _, -?, :-r, ;-; r.X? ?' c? _. .?r`'. - _; B `1 'f (..: