HomeMy WebLinkAbout04-0777DICKINSON COLLEGE,
Plaintiff
LINDA KIRCHNER and MICHELLE
HARDEN, f/k/a, MICHELLE :
KIRCHNER, :
Defendants :
1N THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
No. o -Tt
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: February 20, 2004
MARTSON DEARD~F WILLIAMS & OTTO
By
I. D. Number 87326 .
Ten East High Street
Carlisle, PA 17013
(717) 243-3341
Attorneys for Plaintiff
DICKINSON COLLEGE,
Plaintiff
LINDA KIRCHNER and MICHELLE
HARDEN, f/k/a, MICHELLE
KIRCHNER,
Defendants
1N THE COURT OF COMMON PLEAS OF
CUMBERLAND cOLrNTY, PENNSYLVANIA
NO. Ot~/- "/7~/
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 principal place of business at West Street, Post Office Box 1773, Carlisle,
Cumberland County, Pennsylvania 17013.
2. Defendant Linda Kirchner (hereinafter "Parent") is an adult individual residing at
15908 Falls Road, Sparks, MD 21152.
3. Defendant Michelle Harden, formerly known as Michell Kirchner, (collectively
hereinafter "Student") is an adult individual with a last known address of 6 W. Water Street,
Jacobus, York County, Pennsylvania.
4. On or about March 24, 2000, Parent and Student entered into a Promissory Note
(Note # 1) with Plaintiff for the financing of $4,452.00, 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 11, 2000, Parent and Student entered into an additional
Promissory Note (Note #2) with Plaintiff for the financing of $3,510.00, plus interest, for educational
services and benefits to Student at PlaintifFs institution. A copy of Note #2 is attached hereto as
Exhibit "B."
6. On or about February 9, 2001, Parent and Student entered into a Promissory Note
(Note#3) with Plaintiff for the financing of $3,454.00, plus interest, for educational services and
benefits to Student at PlaintifFs institution. A copy of Note#3 is attached hereto as Exhibit "C."
7. The collective principal balance for Note gl, Note #2 and Note#3 is $11,416.00.
8. Note # 1, Note#2 and Note #3 grant Plaintiff reasonable collection and attorneys' fees
which Plaintiff has calculated to be $1,712.40.
9. As of February 5, 2004, the principal and interest due and payable by Parent and
Student to Plaintiff was $6,518.56, plus interest in the amount of $.84 per day from February 5,
2004.
10. Parent and Student stopped making monthly payments on Note # 1, Note #2, and Note
#3 on or about February 11, 2003.
l 1. As of February 5, 2004, the outstanding balance of $6,518.56 represents the total and
actual overdue value of the financing provided to Parent and Student under Note #1, Note#2 and
Note #3 for which they have yet to pay.
12. Plaintiff fulfilled, performed and complied with all obligations and conditions of Note
gl, Note#2 and Note//3.
COUNT I
BREACH OF CONTRACT
Dickinson College v. Linda Kirchner and Michelle Harden, f/k/a Michelle Kirchner
13. Plaintiff hereby incorporates by reference the averments contained in Paragraphs 1
through 12 of this Complaint.
14. Parents and Student breached the expressed and implied obligations, conditions and
terms of agreement of Note gl, Note #2 and Note#3 by failing to pay the amounts financed therein.
WHEREFORE, Plaintiff demands judgment against Defendants Linda Kirchner and Michelle
Harden, formerly known as, Michelle Kimhner, in the amount of $6,518.56, plus interest in the
amount of $.84 per day from February 5, 2004, collection and attorneys' fees in the amount of
$1,712.40 and costs of suit.
COUNT II
IN Q U. dNTUM MER UIT
Dickinson College v. Michelle Harden, f/k/a Michelle Kirchner
15. Plaintiff hereby incorporates by reference the averments contained in Paragraphs 1
through 14 of this Complaint.
16. Having requested Plaintiff to loan money, and doing so to the benefit of Student,
Student became liable to Plaintiff for said money.
17. Student has been unjustly enriched by accepting said money without paying Plaintiff
reasonable compensation there£or.
18. The total amount by which Student has become enriched is $6,518.56, plus interest
in the amount of .84 per day from February 5, 2004.
WHEREFORE, Plaintiff demands judgment against Defendant, Michelle Harden, formerly
known as, Michelle Kirchner, in the amount of $6,518.56, plus interest in the amount of $.84 per day
from February 5, 2004, collection and attorneys' fees in the amount o£$1,712.40 and costs o£suit.
MARTSON DEAR~
I.D. No. 87326
Ten East High Street
Carlisle, PA 17013-3093
(717) 243-3341
Attorneys for Plaintiff
,RFF WILLIAMS & OTTO
Date: February 20, 2004
DICKINSON COLLEGE FLEXIBLE FINANCING SYSTEM - PLAN B
EDUCATIONAL GOODS AND SERVICES RETAIL INSTALLMENT CONTRACT
March 24, 2000
I. Seller: Dickinson College, Carlisle, Pennsylvania 17013-2896
Buyer(s):
Linda Kirchner
15908 Falls Road
Sparks, MD 21152
If there is more than one Buyer, each of you will be obligated, jointly and severally, for all sums due and for the
performance of all agreements as provided in this Educational Goods and Services Retail Installment C0ntract.(the
"Contract").
Under the terms of this Contract, you have agreed to pay the expenses incurred for Goods and Services (as
hereinafter defined) to be provided and rendered, as the case may be, to Michelle Kirchner (hereinafter "Student") during
his/her enrollment at Dickinson College during the 2000 academic year, including tuition, room and board, books and
supplies as herein stated (collectively the "Goods and Services").
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
8.75 %
$ 2,721.20
$ 4,542.00
$ 7,263.20
$ 25,193.00
$ 29,735.00
Kirchner
Buyer's payment schedule will be as follows:
Number of Payments
140
Amount of Payments
$ 51.88
When Payments are Due
Monthly commencing 04/28/00 until 12/28/11
*Variable Rate:
The initial ANNUAL PERCENTAGE RATE disclosed above is a variable rate and may
change(increase or decrease) from time to time. The ANNUAL PERCENTAGE RATE may
increase or decrease during the term of this transaction if the prime rate of interest announced in
the Wall Street Journal as of the close of business on June 30 of each calendar year increases or
decreases, and will be increased or decreased to the prime rate plus 1%. The ANNUAL
PERCENTAGE RATE will not increase, or decrease, more than once a year, and the new
interest rate will become effective on July 1 following the increase or decrease, if any, in the
prime rate of interest. Any increase will be in the form of higher payment amounts. If your cost
of the Goods and Services sold hereunder were $4,542.00 at 8.75% per annum for 140 months
and the prime rate plus 1% were increased to 9.75%, your regular monthly payments would
increase to $54.44. Further, the ANNUAL PERCENTAGE RATE will not increase to more
than 18% or such other rate as may be permitted under Pennsylvania law.
Late Charge:
Ifa payment is more than 15 days late, a sum equivalent to 5% of the late payment (but no more
than $2.50 and not less than $1.00) may be charged.
Prepayment:
Buyer may prepay the unpaid balance of the AMOUNT FINANCED and any FINANCE
CHARGE due through the date of early payment, in full or in art, without penalty.
SEE SECTION VI OF THE CONTRACT BELOW FOR ANY ADDITIONAL INFORMATION ABOUT NON-
PAYMENT, DEFAULT AND REQUIRED REPAYMENT BEFORE THE SCHEDULED DATE FOR
REPAYMENT OF THE AMOUNT FINANCED.
2.
3.
4.
5.
113[. ITEMIZATION OF AMOUNT FINANCED
Cash price of Goods and Services: $
Total down payment:
Unpaid balance of cash price (1 - 2):
Amount paid to others on Buyer's behalf:
Amount Financed (3 + 4): $
29,735.00
25,193.00
4,542.00
-0.
4,542.00
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 EFG Technologies, Inc. at the following address:
EFG Technologies, Inc.
P.O. Box 64974
St. Paul, MN 55164
Buyer's legal rights include the right to pay ali 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)
(0
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 fight 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 fights shall include the fight 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 exemise that or any
other right or a similar Event of Defanlt 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 shalI have all of Seller's fight and remedies.
If any part of this Contract is held to be illegal, void or unenforceable, that provision shall be deemed not to have been a part of
this Contract, which shall otherwise remain fully effective.
APPLICABLE LAW: This Agreement, whenever called up6n to be 6onstmed, shall be governed by the domestic internal laws of
the Commonwealth of Peunsylvania 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, retain 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 SUBSECT 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. KECOVERY 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): c.?~ /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
TRANSCRIPT OF A STUDENT'S RECORD WILL NOT BE RELEASED IF
LOAN PAYMENTS TO THE COLLEGE ARE IN ARREARS OR DEFAULT.
DATE:
Plan B
DICKINSON COLLEGE
4
DICKINSON COLLEGE FLEXIBLE FINANCING SYSTEM - PLAN B
EDUCATIONAL GOODS AND SERVICES RETAIL INSTALLMENT CONTRACT
September I 1, 2000
Seller: Dickinson College, Carlisle, Pennsylvania 17013-2896
Buyer(s):
Linda and William Kirchner
15908 Falls Road
Sparks, MD 21152
If there is more than one Buyer, each of you will be obligated, jointly and severally, for all sums due and for the
performance of all agreements as provided in this Educational Goods and Services Retail Installment Contract (the "Contract").
Under the terms of this Contract, you have agreed to pay the expenses incurred for Goods and Services (as hereinafter
defined) to be provided and rendered, as the case may be, to Michelle Kirchner (hereinafter "Student") during his/her enrollment
at Dickinson College during the 2000-2001 academic year, including tuition, room and board, books and supplies as herein stated
(collectively the "Goods and Services").
II, TERMS OF PAYMENT AND PAYMENT SCHEDULE
Disclosures Required by Federal Law
ANNUAL FINANCE AMOUNT TOTAL OF TOTAL SALE
PERCENTAGE CHARGE: FINANCED: PAYMENTS: PRICE:
RATE:* Dollar amount Amount of credit Amount paid by Total cost of
Cost of credit as yearly credit will provided by Buyer as total purchase on
rate cost buyer Dickinson College of all scheduled credit, including
payments down payment of
10.50% $2,091.64 $3,510.00 $5,601.64 $30,900,00
$27,390.00
Rev 07/00
Number of Payments
116
Kirchner
Buyer's payment schedule will be as follows:
Amount of Payments When Payments are Due
$48.29 Monthly, commencing 09/28/00 until 05/28/I0
*Variable Rate:
Late Charge:
Prepayment:
The initial ANNUAL PERCENTAGE RATE disclosed above is a variable rate and may change(increase
or decrease) from time to time. The ANNUAL PERCENTAGE RATE may increase or decrease during
the term of this transaction if the prime rate of interest announced in the Wall Street Journal as of the
close of business on June 30 of each calendar year increases or decreases, and will be increased or
decreased to the prime rate plus 1%. The ANNUAL PERCENTAGE RATE will not increase, or
decrease, more than once a year, and the new interest rate will become effective on July 1 following the
increase or decrease, if any, in the prime rate of interest. Any increase will be in the form of higher
payment amounts. If your cost of the Goods and Services sold hereunder were $6,116.27 at 8.75% per
annum for 116 months and the prime rate plus 1% were increased to 9.75%, your regular monthly
payments would increase to $81.62. Further, the ANNUAL PERCENTAGE RATE will not increase to
more than 18% or such other rate as may be permitted under Pennsylvania law.
Ifa payment is more than 15 days late, a sum equivalent to 5% of the late payment (but no more than
$2.50 and not less than $l .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.
2.
3.
4.
5.
III. ITEMIZATION OF AMOUNT FINANCED
Cash price of Goods and Services: $30,900.00
Total down payment: $27,390.00
Unpaid balance of cash price (1 - 2): $3,510.00
Amount paid to others on Buyer's behalf: - 0 -
Amount Financed (3 + 4): $3,510.00
tv. CREDit srre t4cE
Credit life insurance for the term of this Contract is not required.
V. NO WARKANTIES
THERE ARE NO WARRANT[ES, EITHER EXPRESSED OR IMPLIED, GIVEN BY SELLER 1N CONNECTION WITH
SALE OF THE GOODS AND SERVICES COVERED BY THIS CONTRACT UNLESS BUYER HAS BEEN GIVEN A SEPARATE
WPd'iTI/N WARRANTY.
VI. ADDITIONAL PROVISIONS
Buyer agrees to pay Seller the Total Sale Price by mak/ng the total down payment and paying Seller the Total of Payments in
the number and mount of monthly payments shown in the Payment Schedule. Payments are due on or before the same date
of each month as the first payment date. Payments must be made to EFG Technologies, Inc. at the following address:
EFG Technologies, Inc.
PO Box 2901
Winston-Salem NC 27102
Buyer's legal rights include the nght to pay all or part of the amounts due on this Contract in advance of the/r 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 ~nely 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)
(c)
(d)
(e)
(0
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 prov/alon 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 cendfied 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 th the notice, Seller's rights shall include the right to declare all sums due on the Contract to be
mumediately 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 otherright or a sim/lar EventofDefault occurs later. All Seller's rights and remedies shull be cumulative. Seller's exercise
of one or more rights shall not cause Seller to lose any other rights.
Th/s Contract is freely assignable by Seller. Buyer agrees that upon receivingnotice of the assignment Buyer shall be obllgnted
to the Assignee of this Contract, which Assignee shall have all of Seller's r/ghts 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 Peunsylvania except to the extent supplemented, superseded or preempted by federal law.
APPLICABLE LAW: This Agreement, whenever cai/ed upqn to be qonstmed, shall be governed by the domestic internal laws of
the Commonwealth of Pennsylvama except to the extent supplemented, superseded or preempted by federal law.
CONSENT TO JIfRISDICTION, VENUE AND SERVICE: The part/es 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 Di~Irict Court of the Middle District of Pennsylvmuia, and all parties hereto
consent and agree that jutisdiction and venue for such proceedings shall lie exclusively w~thin said court. Service of process in
any such proceeding may be made by certified mall, return receipt requested, directed to the respective party at the address set
forth above.
10. This Contract shall be binding upon the parties hereto, ~eir heft's, successors, assigns and legal representatives.
1 I. TIME IS OF THE ESSENCE OF THIS CONTRACT.
NOTICE: ANY HOLDER OF THIS CONSUMER CREDIT CONTRACT IS SU'BTECT TO ALL CLAIMS AND DEFENSES Wi-IICH
THE DEBTOR COULD ASSERT AGAINST THE SELLER OF GOODS OR SERVICES OBTAINED PURSUANT I"IERETO OR
WITH THE PROCEEDS HEREOF. RECOVERY HEREUNDER BY TH~ DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY
THE DEBTOR t'~REUNDER.
NOTICE TO BUYER: (1) DO NOT SIGN TH~S AGREEMENT BEFORE YOU READ IT OR IF IT CONTAINS ANY BLANK
SPACE. (2) YOU ARE ENTITLED TO A COMPLETELY FILLED-IN COPY OF TI-~S AGREEIVIENT. (3) UNDER THE LAW,
YOU HAVE THE RIGHT TO PAY OFF IN ADVANCE TH~ 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 CO--CT AND INTI:/ND(S) TO BE
LEGALLY BOUND BY ITS TERMS.
I AGREE TO R~PAY ALL AMOUNTS DUE ON THIS LOAN ]!~ TI-IE BORROWER(S)/BUYER(S) FALLS TO DO SO IN
ACCORDANCE WITH TIlE TERMS OF TH~ NOTE:
TRANSCRIPT OF A STUDENT'S RECORD WII, L NOT BE RELEASED IF
LOAN PAYMENTS TO TH]E COLLEGE ARE IN ARREARS OR DEFAULT.
DATE:
Plan B
DICKINSON COLLEGE
2001
DICKINSON COLLEGE FLEXIBLE FINANCING SYSTEM - PLAN B
EDUCATIONAL GOODS AND SERVICES RETAIL INSTALLMENT CONTRACT
February 9, 2001
I. Seller: Dickinson College, Carlisle, Pennsylvania 17013-2896
Buyer(s):
Linda and William Kirchner
15908 Falls Road
Sparks, MD 21152
If there is more than one Buyer, each of you will be obligated, jointly and severally, for all sums due and for the
performance of all agreements as provided in this Educational Goods and Services Retail Installment Contract (the "Contract").
Under the terms of this Contract, you have agreed to pay the expenses incurred for Goods and Services (as hereinafter
defined) to be provided and rendered, as the case may be, to Michelle Kirchner (hereinafter "Student") during his/her enrollment
at Dickinson College during the 2000-2001 academic year, including tuition, room and board, books and supplies as herein stated
(collectively the "Goods and Services").
II. TERMS OF PAYMENT AND PAYMENT SCHEDULE
Disclosures Required by Federal Law
ANNUAL FINANCE AMOUNT TOTAL OF TOTAL SALE
PERCENTAGE CHARGE: FINANCED: PAYMENTS: PRICE:
RATE:* Dollar amount Amount of credit Amount paid by Total cost of
Cost of credit as yearly credit will provided by Buyer as total purchase on
rate cost buyer Dickinson College of ail scheduled credit, including
payments down payment of
10.50% $2,058.32 $3,454.00 $5,512.32 $30,900.00
$27,446.00
Rev 07/00
Number of Payments
116
Kirchner
Buyer's payment schedule will be as follows:
Amount of Payments When Payments are Due
$47.52 Monthly, commencing 02/28/01 until 09/28/10
*Variable Rate:
Late Charge:
Prepayment:
The initial ANNUAL PERCENTAGE RATE disclosed above is a variable rate and may change(increase
or decrease) from time to time. The ANNUAL PERCENTAGE RATE may increase or decrease during
the term of this transaction if the prime rate of interest announced in the Wall Street Journal as of the
close of business on June 30 of each calendar year increases or decreases, and will be increased or
decreased to the prime rate plus 1%. The ANNUAL PERCENTAGE RATE will not increase, or
decrease, more than once a year, and the new interest rate will become effective on July 1 following the
increase or decrease, if any, in the prime rate of interest. Any increase will be in the form of higher
payment amounts. If your cost of the Goods and Services sold hereunder were $6,116.27 at 8.75% per
annum for 116 months and the prime rate plus 1% were increased to 9.75%, your regular monthly
payments would increase to $81.62. Further, the ANNUAL PERCENTAGE RATE will not increase to
more than 18% or such other rate as may be permitted under Pennsylvania law.
Ifa payment is more than 15 days late, a sum equivalent to 5% of the late payment (but no more than
$2.50 and not less than $1.00) may be charged.
Buyer may prepay the unpaid balance of the 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.
2.
3.
4.
5.
III, ITEMIZATION OF AMOUNT FINANCED
Cash price of Goods and Services: $30,900.00
Total down payment: $27,446.00
Unpaid balance of cash price (1 - 2): $3,454.00
Amount paid to others on Buyer's behalfi - 0 -
Amount Financed (3 + 4): $3,454.00
IV. CREDIT INSURANCE
Credit life insurance for the term of t.h/s Contract is not required.
V. NO WARRANTIES
THERE ARE NO WARRANTIES, EITHER EXPRESSED OR IlvfPL[ED, GIVEN BY SELLER IN CONNECTION Wrrff
SALE OF THE GOODS AND SERVICES COVERED BY THIS CONTRACT LrNLESS 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 Paymunts in the
number and amount of month/y payments shown in the Payment Schedule. Payments are due on or before the same date of each
month as the frrst payment date. Payments must be made to EFG Technologies, Inc. at the following address:
EFG Technologies, Inc.
PO Box 2901
Winston-Salem NC 27102
Buyer's legal rights hiclude the right to pay all or part of the mounts due on this Contract in advance of the/r due dates, to obtain a
refund or credit of unearned Finance Charge whenever the amount is paid m full m advance, and (with Sellers consent) to
reinstate the Contract if Buyer timely cures any default.
Buyer shall be deemed to have comrratted an "Event of Default" of the ConU'act upon the occurrence of any of the following:
(a)
(b)
(c)
(d)
(e)
failure to make any payment on or before the date it/s due,
failure to make a payment on any other Contract outstandhag with sener,
failure te perform any other provision of the Contract,
providing Seller with fal~e information or signatures,
death, hacompetence, or conviction of any Buyer of crime thvolving fzaud 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 Sellers records, advising Buyer of the default and of Buyer's right to cure the
default. The notice will provide the time, amount and peffo~'nanee necessary to cure the default. If Buyer does not cure the
default as provided in the notice, Seller's rights shall fuclude the right to declare all sums due on the Contract to be ~diately
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 Evem 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 r/ghts.
This Contract is freely assignable by Seller. Buyer agrees that upon receiv/ng notice of the assignment Buyer shall be obligated to
the Assignee of this Con,-act, which Assignee shall have all of Seller's right and remedies.
If any part of this ConU'act is held to be illegal, void or unenforceable, that provision shall be deemed not to have been a part of
th/s Contract, wh/ch shall otherwise rema/n fully effective.
3
APPLICABLE LAW: This Agreement, whenever called Upon to be construed, shall be governed by the domestic thtemal 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 th/s Agreement consent and agree that all legal
proceedings relating to the subject matter hereof shall be maintained m the Court of Common Pleas of Cumberland County,
Pennsylvania, or, if applicable, the United States District Court of the Middle District of Penusylvatha, and all part/es hereto
consent and agree that jurisdiction and venue for such proceedings shall lie exclusively with/n said court. Service of process in
any such proceeding may be made by certified mail, return receipt requested, directed to the respective party at the address set
forth above.
10. This Contract shall be binding upon the parties hereto, their heirs, successors, assigns and legal representatives.
11. TIME IS OF THE ESSENCE OF THIS CONTRACT.
NOTICE: ANY HOLDER OF THIS CONSUMER CREDIT CONTRACT IS SUBJECT TO ALL CLAIMS AND DEFENSES 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 [F IT CONTAINS ANY BLANK
SPACE. (2) YOU ARE ENTITLED TO A COMPLETELY FILLED-IN COPY OF THIS AGREEMENT. (3) UNDEK THE LAW,
YOU HAVE THE RIGHT TO PAY OFF IN ADVANCE THE FULL AMOUNT DUB A_ND 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 AGREE TO REPAY ALL AMOUNTS DUE ON THIS LOAN 12e THE BORROWER(S)/BUYER(S) FAILS TO DO SO IN
ACCORDANCE WITH THE TERMS 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:
Plan B
VERIFICATION
I, THOMAS MEYER, Assistant Treasurer of Dickinson College, acknowledge that I have the
authority to execute this Verification on behalf of Dickinson College and certify that the foregoing
Complaint is based upon information which has been gathered by my counsel in the preparation of
this lawsuit. The language of this Complaint is that of counsel and not my own. I have read the
document and to the extent that this Complaint is based upon information which I have given to my
counsel, it is true and correct and to the best of my knowledge, information and belief. To the extent
that the content of this Complaint is that of counsel, I have relied upon counsel in making this
Verification.
This statement and Verification are made subject to the penalties of 18 Pa. C.S. § 4904
relating to unswom falsification to authorities, which provides that if I knowingly make false
averments, I may be subject to criminal penalties.
Dickinson College
Assistant TreasarYr~ofDickinson College
Dated:
CERTIFICATE OF SERVICE
I, Martha-Anne lben, an authorized agent of Martson 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:
Linda Kirchner
15908 Falls Road
Sparks, MD 21152
Via Sheriff Service:
Michelle Harden
f/k/a Michelle Kirchner
6 W. Water Street
Jacobus, PA 17407
MARTSON DEARDORFF WILLIAMS & OTTO
By
Ten'East High Street
Carlisle, PA 17013
(717) 243-3341
Dated: February 20, 2004
SHERIFF'S RETURN -
CASE NO: 2004-007'77 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
DICKINSON COLLEGE
VS
KIRCHNER LINDA ET AL
OUT OF COUNTY
R. Thomas Kline ,
duly sworn according to law, says, that he made a diligent
and inquiry for the within named DEFENDANT , to wit:
HARDEN MICHELLE F/K/A MICHELLE KIRCHNER
but was unable to locate Her in his bailiwick.
deputized the sheriff of YORK County,
serve the within COMPLAINT & NOTICE
Sheriff or Deputy Sheriff who being
search and
He therefore
Pennsylvania, to
On April 28th , 2004
attached return from YORK
Sheriff's Costs:
Docketing 18.00
Out of County 9.00
Surcharge 10.00
Dep York County 30.50
.00
67.50
04/28/2004
MDW&O
Sworn and
this ~'4~
subscribed to before me
day of~
~ , Prothonotaz~y u
, this office was in receipt of the
So answers. ' ~
R~. Thomas Kline
Sheriff of Cumbe'rland County
COUNTY OF YORK
OFFICE OF THE SHERIFF
45 N. GEORGE ST.,YORK, PA 17401
SERVICE CALL
(717) 771-9601
SHERIFF SERVICE
PROCESS RECEIPT and AFFIDAVIT OF RETURN
DICKINSON COLLEGE
Pr. EASE TYPE ONLY UNE 1 THRU 12
DO NOT DETACH ANY coPr:s
2 COURT NUMBER
No. 04-777 Cumberland County
4 ~PE OF WmT OR COMPb~NT
Notice and CcnTplaint
LINDA KIRCHNER and MICHELLE HARDEN f/k/a MICHELLE KIRCHNER CIVIL ACTION - LAW
SERVE ~' 5 NAME OF INDJ~I£ UAL, COMPANY. CORPORATION. ETC TO SERVE OR DESCRIPTION OF PROPERTY TO BE LEVIED. ATTACHED. OR SOLD
Michelle~rden f/k/a Michelle Kirchner
6 ADDRESS (STREET OR RFO WITH BOX NUMBER. APT NO. C~TY. BORO. TWP ~ STATE AND ZiP CODE)
AT 6 W. Water Street, Jacobus, Pennsylvania
7 ,.D'CATESERV~CE~ X~PERSORAL ~PERSON,NC.^RGE ×X~EPOT,ZE c~C~[.~d ~STCL~SSM^,L UPOSTED HOT.ER
NOW February 24 ,20 04 i, SHERiFF OF ,ii~[l~,K COUNTY, p~A, dD.~herebydeput, iz~t~sheriffof
y~rk COUNTY to execute this.-~a~f~k~q~.~n th~p. fj~'c~orj;fing
to law. This deputization being made at the request and risk of the plaintiff, .~ .~.>-.:~--.~.~c~-~.. ~ ~
SHERIFF OF ~ (~OUNTY
8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING S~EOF COUNTY - Ct~berl~nd
Please send return of service to C~berlamd County Sheriff.
ADV FEE PD BY ATTORNEY
NO'I'E: ONLY APPUCA~LE ON WRIT OF EXECUTION: N.E. WAIVER OF WATCHMAN - Any deputy sl{e~ levying u~n ~ a~i~ any prope~ under wi~in wnt may leave ~me
~t a wat~n, m ~st~ of ~omever is found in ~ssession. after noticing ~c~n of ~ ~a~. wRhout lia~l~ on the ~ of such ~pu~ or ~e sheriff to any plainti~
9 ~PE--Ea~ADDRESSofA~ORNEY/ORtGINATORandSJGT::~~~ ~10 TE[EPHONENUMBE" t 11DATEFILEO
David R. Galloway, 10 East Nigh St., 17-243-3341 02/23/04
12 SEND NOTICE OF SERVICE COPY TO NAME ANO ADDRESS BELOW: (~is area must ~ ~mpat~ ~ ~b~ to ~ mai~)
~~ CUHBERLAND COUNTY SHERIFF'S DEPT.
13 I ~ r~i~of~ewrR 14. ~TE RECEI~D 15 Ex,rate,Hearing Date
~m~,~ind~l~a~. RDNDA M. AHRENS / RAT 02-25-2004 03-24-2004
16 HOWSERVED: PERSO~L(~ RESIOENCE~ POSTED( ) POE( ) SHERIFF'S OFFICE ( ) OTHER( ) SEE RE~RKS BELOW
F\FILES/DATAFILE\DicklnaonCoIlege 7619\DicklnsonCollegeCollections7619C~Cur~ntL238pral/nlm
Created 5/6/04 ll:06AM
Revved: 5/6/04 318PM
7619C.238
DICKINSON COLLEGE,
Plaintiff
LINDA KIRCHNER and
MICHELLE HARDEN, f/k/a,
MICHELLE KIRCHNER,
Defendants
1N THE COURT OF COMMON PLEAS OF
CUMBERLAND) COUNTY, PENNSYLVANIA
NO. 04-777
CIVIL ACTION-LAW
JURY TRIAL OF TWELVE DEMANDED
PRAECIPE TO SETTLE AND DISCONTINUE
TO THE PROTHONOTARY OF CUMBERLAND COUNTY:
Please mark the above captioned case settled and discontinued and issue a certificate
reflecting same.
By ~--~'~'~')~x~
David R. Gallo~a~.-.-.~squ'li, e
I.D. Number 87326
Ten East High Street
Carlisle, PA 17013
(717) 243-3341
& OTTO
Attorneys for ]Plaintiff
Date: May 6, 2004
CERTIFICATE OF SERVICE
I, Nichole L. Myers, an authorized agent for Martson Deardorff Williams & Otto, hereby
certify that a copy of the foregoing Praecipe to Settle and Discontinue was served this date by
depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as
follows:
Ms. Linda Kirchner
15908 Falls Road
Sparks, MD 21152
Ms. Michelle L. Harden
6 Water Street
Jacobus, PA 17407
MARTSON DEARDORFF WILLIAMS & OTTO
Nichole L. Myers
Ten East High Street
Carlisle, PA 1'7013
(717) 243-3341
Dated: May 6, 2004