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HomeMy WebLinkAbout04-0793DICKINSON COLLEGE, Plaintiff WILLIAM C. NUNN, LINDA A. NUNN, h/w, and VIRGINIA L. NUNN, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2004- 'Ta/~ CIVIL TERM 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 David R. Gallow'ay~squir~ I.D. No. 87326 ! Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff Date: February 24, 2004 DICKINSON COLLEGE, Plaintiff WILLIAM C. NUNN, LINDA A. NUNN, h/w, and VIRGINIA L. NUNN, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2004- CIVIL TERM JURY TRIAL OF TWELVE DEMANDED COMPLAINT AND NOW, comes the Plaintiff, Dickinson College, by and through its attorneys, MARTSON DEARDORFF WILLIAMS & OTTO, and hereby avers as follows: 1. Plaintiff, Dickinson College, 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, William C. Nurm and Linda A. Nunn (hereinafter "Parents"), are adult individuals residing as husband and wife at 1571 W Street Road, Warminster, Bucks County, Pennsylvania 18974. 3. Defendant, Virginia L. Nunn (hereinafter "Student), is an adult individual residing at 1575 W Street Road, #711, Warminster, Pennsylvania, 18974. 4. On or about August 15, 1997, 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 August 8, 1998, Parents and Student entered into a Promissory Note (Note #2) with Plaintiff for the financing of $2,548.00, 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 January 4, 1999, Parents and Student entered into a Promissory Note (Note #3) with Plaintiff for the financing of $5,000.00, 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 August 30, 1999, Parents and Student entered into a Promissory Note (Note #4) with Plaintiff for the financing of $5,000.00, 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 October 31, 2000, Parents and Student entered into a Promissory Note (Note #4) with Plaintiff for the financing of $7,000.00, plus interest, for educational services and benefits to Student at Plaintiff's institution. A copy of Note #5 is attached hereto as Exhibit "E." 9. The total collective principle balance for Notes #1 through #5 is $23,548.00. 10. Notes #1 through #5 grant Plaintiff reasonable collection and attorneys' fees which Plaintiff has calculated to be $3,532.20. 11. As of February 3, 2004, the outstanding balance due and payable by Defendants to Plaintiff is $23,955.17, plus interest in the mount of $3.98 per day from February 3, 2004. 12. The outstanding balance of $23,955.17 represents the total and actual overdue value of the financing provided to Defendants under Notes #1 through #5. 13. Parents and Student stopped making monthly payments on Notes #1 through #5 on or about June 2, 2003. 14. Plaintiff has fulfilled, performed and complied with all obligations and conditions of Notes #1 through #5. COUNT I BREACH OF CONTRACT 15. Plaintiff hereby incorporates by reference the averments contained in paragraphs 1 through 14 of this Complaint. 16. Defendants have breached the expressed and implied obligations, conditions and terms of agreement of Notes #1 through #5 by failing to pay the amounts financed herein. WHEREFORE, Plaintiff demands judgment against Parents and Student in the amount of 23,955.17, plus interest in the amount of $3.98 per day from February 3, 2004, collection and attorneys' fees in the amount of $3,532.20 and costs of suit. COUNT II IN OUANTUM MERUIT 17. Plaintiffhereby incorporates by reference the averments contained in paragraphs 1 through 16 of this Complaint. 18. Having requested Plaintiff to loan money, and doing so to the benefit of Student, Student became liable to Plaintiff for said money. 19. Student has been unjustly enriched by accepting said money without paying Plaintiff reasonable compensation therefor. 20. The total amount by which Student has become enriched is $23,955.17, plus interest in the amount of $3.98 per day from February 3, 2004. WHEREFORE, Plaintiff demands judgment against Student in the amount of 23,955,17, plus interest in the amount of $3.98 per day from February 3, 2004, collection and attorneys' fees in the anaount of $3,532.20 and costs of suit. Date: February 24, 2004 ~LIAMS & OTTO ID. No. 87326 Ten East High Street Carlisle, PA 17013-3093 (717) 243-3341 Attorneys for Plaintiff DICKINSON COLLEGE FLEXIBLE FINANCING SYSTEM - PLAN A EDUCATIONAL GOODS AND SERVICES RETAIL INSTALLMENT CONTRACT August 15, 1997 I. Seller: Dickinson College, Carlisle, Pennsylvania 17013 Buyer(s): William C. & Linda A. Nunn 1575 W. Street Rd. #711 Warminster, PA 18974 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 Virginia Nurm (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% During repay-ment: 11.00% FINANCE CHARGE: Dollar Amount credit will cost Buyer 3095.41 AMOUNT FINANCED: Amount of credit provided by Dickinson College 4,000.00 TOTAL OF PAYMENTS: Amount paid by Buyer as total of all scheduled payments 7095.41 Rev 2/92 TOTAL SALE PRICE: Total cost of purchase on credit including down payment of 23,290.00 27,290.00 Exhibit "A" Buyer's payment schedule will be as follows: Nunn Number of Payments 44 72 Amount of Payments $36.67 $76.14 When Payments are Due monthly commencing 9/28/97, and continuing until 04/28/01 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 05/28/01 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: 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. III. ITEMIZATION OF AMOUNT FINANCED 1. Cash price of Goods and Services: $ 27,290.00 2. Total down payment: 23,290.00 3. Unpaid balance of cash price (1 - 2): 4,000.00 4. Amount paid to others on Buyer's behalf: - 0 - 5. Amount Financed (3 + 4): $ 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 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. 3. 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) 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 m 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 ~fany 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 Defaul[ occurs later. All Seller's fights 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 fights 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. 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, retarn 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 LEGALLY BOUND BY ITS TERJ~dS. TRANSCRIPTS kOF A STUDENT'S RECORD WILL NOT BE RELEASED Il~' LOA£~ FAYNiEN'F$ '[O TiiE COLLEGE ARE IN A/oLR. EAR$ Ok DEFAUL f. DATE: BY DICKINSON COLLEGE 4 DICKINSON COLLEGE FLEXIBLE FINANCING SYSTEM - PLAN B EDUCATIONAL GOODS AND SERVICES RETAIL INSTALLMENT CONTRACT August 7, 1998 I. Seller: Dickinson College, Carlisle, Pennsylvania 17013-2896 Buyer(s): William C. & Linda A. Numa 1575 W. St. RD# 75 Warminster PA 18974 If there is more than one Buyer, each of you will be obligated, jointly and severally, for all sums due and for th 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 th~ expenses incurred for goods and services to be provided and rendered, as the case may he, to Virginia L.Nnnn (hereinafte: "Student") during his/her enrollment at Dickinson College during the 1999 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 9.50 % $1,677.20 $ 2,548.00 $ 4,225.20 $ 26,082.00 $ 28,63O.0O Rev 2/92 ExhJ bit "B" Buyer's payment schedule will be as follows: Number of Payments 140 Amount of Payments $ 30.18 When Payments are Due Monthly commencing 09/28/98 until 05/28/10 *Variable Rate: The ANNUAL PERCENTAGE RATE disclosed above is a variable rate and may change. TI ANNUAL PERCENTAGE RATE may increase during the term of this transactionifthe prime ra of interest announced in the Wall Street Journal as of the close of business on June 30 of ea~ calendar year increases, and will be increased to the prime rate plus 1%. The ANNUA PERCENTAGE RATE will not increase more than once a year, and the new interest rate wi become effective on July 1 following the increase, if any, in the prime rate of interest. Any increte will be in the form of higher payment amounts. If your cost of the Goods and Services sol hereunder were $2,548.00 at 9.50% per annum for 140 months and the prime rate plus 1% we~ increased to 10.50%, your regular monthly payments would increase to $31.64. Further, th ANNUAL PERCENTAGE RATE will not increase to more than 18% or such other rate as may b permitted under the Pennsylvania Goods and Services Installment Sales Act. Late Charge: Ifa payment is more than 15 days late, a sum equivalent to 5% of the late payment (but no mor 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 dm 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 REPAYMEN'I OF THE AMOUNT FINANCED. III. ITEMIZATION OF AMOUNT FINANCED I. Cash price of Goods and Services: $ 28,630.00 2. Total down payment: 26,082.00 3. Unpaid balance of cash price (1 - 2): 2,548.00 4. Amount paid to others on Buyer's behalf: - 0 - 5. Amount Financed (3 + 4): $ 2,548.00 lV. CREDIT INSURANCE Credit life insurance for the term of this Contract is not required. V. NO WARRANT/ES THERE ARE NO WARRANTIES, 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 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: EFG P.O. Box 1810 Winston Salem NC 27102-1810 Buyer's legal fights 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) (h) (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 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% right and remedies. 3 If any part of[his Contract is held to be illegal, void or unenforceCble, that provision shall be deemed not to have been a part 'of this Contract, which shall otherwise remain fully effective. APPL[CABLELAW: 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. 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 AGA1NST 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 1T 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 AGREE TO REPAY ALL AMOUNTS DUE ON THIS LOAN IF THE BORROWER(S)/BUYER(S) FALLS 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: DICKINSON COLLEGE BY ' ' ' DICKINSON COLLEGE FLEXIBLE FINANCING SYSTEM - PLAN B EDUCATIONAL GOODS AND SERVICES RETAIL INSTALLMENT CONTRACT January 4, 1999 I. Seller: Dickinson College, Carlisle, Pe~msylvania 17013-2896 Buyer(s): William C. & Linda A. Nunn 1575 W. St. RD# 75 Warrninster, PA 18974 If there is more than one Buyer, each of you will be obligated, jointly and severally, for all sums due and for ti 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 tl' expenses incurred for goods and services to be provided and rendered, as the case may be, to Virginia L.Nunn (hereinaft{ "Student") during his/her enrollment at Dickinson College during the 1999 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 9.50 % $ 3.290.80 $ 5,000.00 Rev 2/92 $ 8.290.80 $ 23,630.00 $ 28,630.00 ExbibY t "C" Buyer's payment schedule will be as follows: Number of Payments 140 Amount of Payments $ 59.22 When Payments are Due Monthly commencing 01/04/99 until 07/28/10 *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 $5,000.00 at 9.50% per annam for 140 months and the prime rate plus 1% were increased to 10.50%, your regular monthly payments would increase to $62.09. 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: 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. 3. 4. 5. III. 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): $ 28,630.00 23,630.00 5,000.00 -0. 5,000.00 IV. CREDIT INSURANCE Credit life insurance for the tei-m 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 all or par~ of the amounts due on this Contract in advance of their due dates, to obtain a refund or credit of unearned Finance Charge whenever the amount is paid in full in advance, and (with Seller's consent) to reinstate the Contract if Buyer timely cures any default. 3. Buyer shall be deemed to have committed an "Event of Default" of the Contract upon the occurrence of any of the following: (a) (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 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 a, 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 ali 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 Defuuk 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 assign/nent 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. ~PeLICABLE LAW: This Agreement. whenever called'upon to be construed, shall be governed by the domestic internal laws ~f/{h Commonwealth of Pennsylvania except to the extent supplem.ented, 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. 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 HERELrN DER. 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): 1 AGREE TO REPAY ALL AMOUNTS DUE ON THIS LOAN IF THE BORROWER(S)/BUYER(S) FALLS 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 koans DICKINSON COLLEGE DICKINSON COLLEGE FLEXIBLE FINANCING SYSTEM - PLAN B EDUCATIONAL GOODS AND SERVICES RETAIL INSTALLMENT CONTRACT August 3 0, 1999 I. Seller: Dickinson College, Carlisle, Pennsylvania 17013-2896 Buyer(s): William C. & Linda A. Numa 1575 W. St. Rd. #711 Warminster, PA 18974 If there is more than one Buyer, each of you will be obligated, jointly and severally, for all sums due and for th, 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 Virginia L. Numa (hereinaft~ "Student") during his/her enrollment at Dickinson College during the 2000 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 8.75 % $ 2,708.16 $ 5,000.00 Rev 2/92 $ 7,708.16 $ 24,735.00 $ 29,735.00 Exhibit "D" Number of Payments 128 Nunn Buyer's payment schedule will be as follows: Amount of Payments When Payments are Due $ 60.22 Monthly commencing 09/28/99 until 05/28/10 *Variable Rate: The ANNUAL PERCENTAGE RATE disclosed above is a var/able rate and may change. The ANNUAL PERCENTAGE RATE may increase during the term of this t~an~action 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 mounts. If your cost of the Goods and Services sold hereunder were $5,000.00 at 8.75% per annum for 128 months and the prime rate plus 1% were increased to 9.75%, your regular monthly payments would increase to $62.98. 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 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. III. ITEMIZATION OF AMOUNT FINANCED Cash price of Goods and Services: $ Total down payment: Unpaid balance of cash price (I - 2): Amount paid to others on Buyer's behalf: Amount Financed (3 + 4): $ 29,735.00 24,735.00 5,000.00 -0. 5,000.00 2 IV. CREDIT INSURANCE Credit life insurance for ~he term of this Contract is not required. V. NO WARRANTIES THERE ARE NO WARRANTIES, EITHER EXPRESSED OR IMPLIED, GIVEN BY SELLER IN CONNECTION WITH SALf OF THE GOODS AND SERVICES COVERED BY THIS CONTRACT UNLESS BUYER HAS BEEN GIVEN A SEPAR.A. TE WRI). 1~ WARRANTY. VI. ADDITIONAL PROVISIONS Buyer agrees m pay Seller the Total Sale Price by making the total down payment and paying Seller the Total of Paymenta in the number and amount of monthly p~yments shown in the Payment Schedule. Payments are due on or before the same data of each month as the first payment dale. 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 all or parr 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) 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 uther 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 a provided in the notice. Seller's rights shall .include the right to declare all sums due on the Contract to be immedialely 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 thereafler 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 nor cause Seller to lose any other rights. This Contract is freely assignable by Seller. Buyer a~ees 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 ri~t 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 ~lly effective. AP.__?LICABLE LAW: This Agreement, whenever called upon to be consn'ued, shall be governed by the domestic internal laws of ti (ommon. wealth ,of Pennsylvania except to the extent supplemented, superseded or preempted by federal law. CONSENT TO JUR/SDICTION. VENUE AND SERVIC~E: The parties to this Agreement consent and agree that all legal proceedings relating to the subject mat~er hereof shall be maintained in the Court of Common Pleas of Cumberland County, Pennsylvania, or, if applicable, the United States Disn'ict Court of the Middle District of Pennsylvania, and all parties hereto consent and agree that jurisdiction and venue for such proceedings shall lie exclusively within said court. Service of process in any such proceeding may be made by certified mail, return receipt requested, directed to the respective party at the address set forth above. 10. This Contract shall be binding upon the parties hereto, their heirs, successors, assigns and legal representatives. 11. TIME IS OF THE ESSENCE OF THIS CONTRACT. NOTICE: ANY HOLDER OF THIS CONSUMER CREDIT CONTRACT IS SUBJECT TO ALL CLAIMS AND DEFENSES 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 I..IAVE TIdE 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 ~EGALLY BOUND BY ITS TERMS. BUYER(S): ~.t.~- - ~_ -.t..~c~.~~ AGREE TO REPAY ALL AMOUNTS DUE ON THIS LOAN IF THE BORROWER(S)/BUYER(S) FAILS TO DO SO IN ~CCORDANCE WITH THE TERMS OF THE NOTE: 'RANSCRIPT OF A STUDENT'S RECORD WILL NOT BE RELEASED IF LOAN PAYMENTS TO THE COLLEGE ARE IN ~RREARS OR DEFAULT. ATE: DICKINSON COLLEGE an B Loans DICKINSON COLLEGE FLEXIBLE FINANCING SYSTEM - PLAN B EDUCATIONAL GOODS AND SERVICES RETAIL INSTALLMENT CONTRACT October 31, 2000 Seller: Dickinson College, Carlisle, Pennsylvania 17013-2896 Buyer(s): William and Linda Nunn 1575 W. St., RD #711 Warminster, PA 18974 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 Virginia Nunn (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: PR/CE: 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% $4,171.96 $7,000.00 $11,171.96 $30,900.00 $23,900.00 Rev 07/00 Exh~b~ t "E" Number of Payments 116 Buyer's payment schedule will be as follows: Amount of Payments When Payments are Due $96.31 Monthly, commencing 09/28/00 until 05/28/10 *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 wilI 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 KATE will not increase to more than 18% or such other rate as may be permitted under Pennsylvania law. 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 $I .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: $23,900.00 Unpaid balance of cash price (1 - 2): $7,000.00 Amount paid to others on Buyer's behalf: - 0 - Amount Financed (3 + 4): $7,000.00 2 IV. CREDIT INSURANCE Credit life insurance for the term of this Contract is not required. V. NO WARRANTIES THERE ARE NO WARRANTIES, EITHER EXPP,.ESSED OR IMPLIED, GIVEN BY SELLER IN CONNECTION WiTH SALE OF TH~ 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 thc total down payment and paying Seller the Total of Payments/n 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 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 fight to pay all or part of the amounts due on tiffs Contract in advance of their due dates, to obtain a refund or credit of unearned Finance Charge whenever the amount is paid in full/n 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 Conlract upon the occurrence of any of the following: (a) (b) (c) (d) (e) 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 w/th false information or sigaatures, death, incompetence, or conviction of any Buyer of crime/nvolving l~and 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 marl 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 h,~,-ediately due and payable. The Buyer agrees to pay all attorneys fees and other reasonable collection costs and charges necessary for the collection of any mount not paid when due. Waiver by Seller of any Event of Default shall not be binding upon Seller ff Seller should thereafter choose to exercise that or any other right or a similar Event olD,fault 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 th~ Conlract, which shall otherwise remain fully effective. APPLICABLE LAW: This Agreement, whenever called upon to be consD'ued, shall be governed by the don~stic 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 Dis~ct of P~msylvania, and all panics hereto consent and agree that jurisdiction and venue for such procecdiugs shall lie exclusively within said court. Service of process in any such proceeding may be nmdc by certified mail, return receipt requested, dh'ectcd to the respective party at the address set forth above. 10. This Contract shall be binding upon the parties hereto, their heirs, successors, assign~ and legal representatives. I 1. TDVIE 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 pLrRSUANT HERETO OR WITH THE PROCEEDS HEP.EOF. RECOVERY HEREUNDER BY TH~ DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR H~REUNDER. NOTICE TO BU'Y~P,J (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-D',;' COPY OF THIS AGREEIVIENT. (3) UNDER TH~ LAW, YOU HAVE THE RIGHT TO PAY OFF IN ADVANCE TH~ FULL AMOUNT DUE AND UNDER CERTA/N CONDITIONS TO OBTAIN A PARTIAL iRJEFUlVD OF THE FINANCE CHAKGE. BUYER(S) ACKNOWLEDGE(S) RECEIVING A COMPLETED COPY OF THIS CONTRACT AND INTEND(S) TO BE LEGALLY BOUND BY 1TS TERMS. I AGREE TO REPAY ALL AMOUNTS DUE ON THIS LOAN IF THE BORROW~R(S)/BUYBR(S) FAILS TO DO SO 1N ACCORDANCE WITH THE TERMS OF TH~ NOTE: STUDENT COSIGNER '~/I /~f~(~ f ~__- TRANSCRIPT OF A STUDENT'S RECORD WILL NOT BE RELEASED IF LOAN PAYMENTS TO THE COLLEGE ARE IN ARREARS OR DEFAULT. DATE: DICKINSON COLLEGE Plan B 4 VERIFICATION I, THOMAS MEYER, Azsistant Treasurer of Dick/x~son College, acknowledge that I have the authority to execute th/s Verification on behalf of Dickinson College and certify that the foregoing Complaint is b~ed upon information which has been gathered by my counsel in the preparation of this lawsuit. The language oft. his Complaint is that of counsel and not my own. I have read the document and to the extent that tl~is Complaint is based upon information which I have given to my counsel, it is true and correct and to the best o£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 th/s 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 fa/se averments, I may be subject to criminal penalties. Dated: Dickinson College ~ECEIVEL FE6 2 0 200~ SHERIFF'S RETURN - CASE NO: 2004-00793 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DICKINSON COLLEGE VS NUlVN WILLIAN C ET AL OUT OF COUNTY R. Thomas Kline , duly sworn according to law, says, that he made and inquiry for the within named DEFENDANT NETNN WILLIA24 C but was unable to locate Him deputized the sheriff of BUCKS Sheriff or Deputy Sheriff who being a diligent search and , to wit: in his bailiwick. County, serve the within COMPLAINT & NOTICE He therefore Pennsylvania, to On March 9th , 2004 attached return from BUCKS Sheriff's Costs: Docketing 18.00 Out of County 9.00 Surcharge 10.00 Dep Bucks County 84.00 .00 121.00 03/09/2004 MDW&O Sworn and subscribed to before this /'~ day of ~ ~ 0~Y A.D. Prothonotarl/ this office was in receipt of the R. lomas Kline Sheriff of Cumberland County me SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2004-00793 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERL~iND DICKINSON COLLEGE VS NUNN WILLIAM C ET AL 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 NUNN LINDA A but was unable to locate Her deputized the sheriff of BUCKS in his bailiwick. County, serve the within COMPLAINT & NOTICE He therefore Pennsylvania, to On March 9th 2004 attached return from BUCKS Sheriff's Costs: Docketing Out of County Surcharge 6.00 .00 10.00 .00 .00 16.00 03/09/2004 MDW&O Sworn and subscribed to before me this /~ day of~ ~ .~ A.D. / /-~rothonotary~ , this office was in receipt of the So answerA~-- .J ..... ~ . .... ~2 R? Thomas Kline Sheriff of Cumberland County SHERIFF'S RETURN - OUT OF COI/NTY CASE NO: 2004-00793 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DICKINSON COLLEGE VS NUNN WILLIAM C ET AL R~ Thomas Kline duly sworn according to law, and inquiry for the within named DEFENDANT NUNN VIRGINIA L but was unable to locate Her deputized the sheriff of BUCKS , Sheriff or Deputy Sheriff who being says, that he made a diligent search and to wit: in his bailiwick. County, serve the within COMPLAINT & NOTICE He therefore Pennsylvania, to On March 9th , 2004 attached return from BUCKS Sheriff's Costs: Docketing Out of County Surcharge 6,00 .00 10.00 .00 .00 16.00 03/09/2004 MDW&O Sworn and subscribed to before me this /~ ~ day of ~ A.D. Prothonotary' this office was in receipt of the Sheriff of Cumberland County The Court of Common Pleas of Cumberland County, Pennsylvania Dickinson College VS. Williom C. Nunn et al SERVE: William C. Nunn No. 04-793 civil February 24, 2004 hereby deputize the Sheriff of Bucks deputation being made at the request and risk of the Plaintiff. , I, SHERIFF OF CUMBERLAND COUNTY, PA, do County to execute this Writ, this Sheriffof Cumberland County, PA ]qOW~ within upon at by handing to a and made known to ~Affidavit of Service , 20 , at o'clock copy of the original So answers, M. served the the contents thereof. Sworn and subscribed before me this _ day of ,20 Sheriff of COSTS SERVICE MILEAGE AFFIDAVIT County, PA In The Court of Common Pleas of Cumberland County, Pennsylvania Dickinson College VS. Willi~r~ C. Nunn et al SERVE: Linda A. Nunn No. 04-793 civil NOW, February 24, 2004 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of ~cks County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff otCumberland County, PA ~OW~ within upon at by handing to a and made known to Affidavit of Service ,20 ,at o'clock copy of the original So answers, M. served the the contents thereof. S~vorn and subscribed beibre me this __ day of 20__ Sheriff of COSTS SERVICE MILEAGE AFFIDAVIT County, PA ~a The Court of Common Pleas of Cumberland County, Pennsylvania Dickinson College VS. William C. Nunn et al SERVE: Virginia L. Nunn No. 04-793 civil NOW, February 24, 2004 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of m~cks County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA within upon at by handing to a and made Imown to Affidavit of Service ,20 , at o'clock M. served the copy of the ori~nal So answers, the contents thereof. Sworn and subscribed before me this __ day of ,20__ Sheriff of COSTS SERVICE MILEAGE AFFIDAVIT County, PA BucKs COUNTY f z SHERIFF'S RETURN Special Instructions Action CTVTL ACTZON COMPf.ATN? Plaintiff va Defendant VTRC~TNTA ]. Nl, f[~N 1575 W. STREET ROAD # 711 WARMINSTER, PA 18974 Address Served if Different Served under Pa.R.C.P. #402 {A) (i) Defendant personally served {A) (2) (i) Family Member {A) (2) (i) Adult in Charge of Residence (A) (2) (ii) Manager/Clerk at Darts. Lodging (A) (2) (iii) Person in Charge of Business By Handing to s Ran Out Defendant Moved Def. Unknown Checked Post Office Forwerdin~l Defendant Not Home Address Vacant . Dap. Needs Better Add. No Forwarding By Deputy Witness At 11: 0~'~ o'clock,,~l~ on The above doc~ent was vil.e.[.~~d o,~the defendant as per informatiot]a~]'~l~ve in th~e_.County So answers: She~ Bucks Coul~J~~' A~r~m,~l~ ~u/bscribed before me'on this day Prothonotary Affirmed and subscribed before me on this day __/ /__ Notary Public My Com, Exp. BUCKS SHERIFF S RETURN Special Instructions Action CIVIL ACTION - COMPLAINT Plaintiff J~ ICK I NSON~QLLEGE Defen I,I,IAM C Nil ~_~,T NIJA A 1971 W. STREET ROAD WARMINSTER, PA 18974 Address Served if Different ~n~r Pa.R.C.P. ~2 ~A) (i) ~fe~ant ~rsonally serv~ ~A} (2) fi) Family Mem~r ~A) (2) (i) Adult in Charge of Res~ence IA) (2} (ii) Manager/Clerk at ~fts. L~ing IA) (2) [iii) Pe~on in Charge 9f Busine~ .... By Posting , 30 Days Ran Out Defendant Moved Def. Unknown Checked Pos~ Office ,,, Forwarding Address Defendant Not Home Address Vacant Dap. Needs Better Add. No Forw"arding A~_//~'r ed ~;~ ubscribed before me on this day. Affirmed and subscribed before me on this day Not~ry Public My Corn, Exp. CUMBEDL~NC CCUNTt ATTN:OAVZ~ D G~LLOW~Y,ES~ PLAINTI~ CQLLEG~ 17~13 W~RmlNST~R, PA . ~x8974 R~CEIVcD IN SH~,:E~'S CFFIC~ FC~SERVIEE. TR&NSAcTION $0~-1-02~02 RAG 03032~¢ SN~Rz~F'S ~E~(~"~N, UNDE~ OATH,/FILfD. ~EPUTY SP~iNGF~:LD ~T tl~g~ RAG S~RVEO DEF/~S~A~iLLIAM C ~NN,LIN~A.~ NU~N BY HA&D~NG TO CO-O~FT ~ILLI RAG AM NUNN ~ 2gO STREET SHERiFF'/RETURN, UNDER OATh, N~T FOUND ~ DEPUTY SPrINgfielD A~ 1~0~ RAG AM OEFT VIREINIA L NUNN NOT SERVED. DEFT MOVED. DEFT IS ATTENDING UNIVERSITY CF MADRIO~ IN SPAIN. RAG G3942~04 INVOICE MAXLED T~ CUMBERLAND CO SHERIFFs DEpT ~TTN:DAVIO R GALLOWAY. RAG FS~ TRANS~CTIgN ~0~-1-02402 ND OF CASE DICKINSON COLLEGE, Plaintiff WILLIAM C. NUNN, LINDA A. NUNN, h/w, and VIRGINIA L. NUNN, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2004-793 CIVIL TERM JURY TRIAL OF TWELVE DEMANDED NOTICE OF ENTRY OF DEFAULT JUDGMENT TO: WILLIAM C. NUNN AND LINDA A. NUNN You are hereby notified that on June ,~ , 2004, the following Judgment was entered against you in the above-captioned case: [I]n the amount of $23,955.17, plus interest from February 3, 2004, in the mount of $318.40, attorneys' fees in the amount of $3,532.20 for a total of $27,805.77, plus costs of suit and interest accruing at $3.98 per day from date of judgment. Date: Prothonotary/,~, ~ I hereby certify that the names and addresses of the proper persons to receive this notice under Pa. R. Civ. P. 236 are: Mr. William C. Nunn 1575 West Street, #711 Warminster, PA 18974 Ms. Linda Nurm 1575 West Street, #711 Warminster, PA 18974 F:/FILES~DATAFILE~Dickm~onCollege 76Ig~D~¢kinsonCollegeCollections7619C/Current/192pral/drg Created4/22/O4146PM DICKINSON COLLEGE, Plaintiff WILLIAM C. NUNN, LINDA A. NUNN, h/w, and VIRGINIA L. NUNN, Defendants 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2004- 793 CIVIL TERM JURY TRIAL OF TWELVE DEMANDED PRAECIPE TO THE PROTHONOTARY: Enter default judgment in the above-captioned action in favor of Plaintiff and against Defendants, William C. Nunn and Linda A. Nunn, in the amount of$23,955.17, plus interest fi.om February 3, 2004, in the amount of $318,40, attorneys' fees in the amount of $3,532.20 for a total of $27,805.77, plus costs of suit and interest accruing at $3.98 per day fi.om date of judgment for Defendants, William C. Nunn and Linda A. Nunn'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 Defendants, William C. Nunn and Linda A Nunn, at the address(es) indicated thereon, on April 6, 2004, which date was subsequent to the date default occurred and at least ten (10) days prior to the date of the Praecipe. MARTSON DEARDOP,~ Ten East High Street Carlisle, PA 17013 (717) 243-3341 WILLIAMS & OTTO Attorneys for Plaintiff Dated: June 1, 2004 DICKINSON COLLEGE, Plaintiff WILLIAM C. NUNN, L1NDA A. NUN'N, h/w, and VIRGINIA L, NUNN, Defendants TO: WILLIAM C. NUNN IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2004- CIVIL TERM JURY TRIAL OF TWELVE DEMANDED 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 HEAR1NG 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 PROVDE YOU WITH iNFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Dated: April 6, 2004 Cumberland County Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 Telephone:(717) 249-3166 MARTSON DEARDORFF WILLIAMS & OTTO David R. Galloway, Esquire Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff DICKINSON COLLEGE, Plaintiff WILLIAM C. NUNN, LINDA A. NUNN, h/w, and VIRGINIA L. NUNN, Defendants TO: LINDA A. NUNN IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2004- CIVIL TERM JURY TRIAL OF TWELVE DEMANDED IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE 1N 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. I~ 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. Dated: April 6, 2004 Cumberland County Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 Telephone:(717) 249-3166 MARTSON DEARDORFF WILLIAMS & OTTO By ~'~ ~ ~1 David R. Galloway, Esquire Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAY SE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FOR INSURANCE POSTMASTER Received From: MAIflSON DEARDORFF WILUAMS [f OTTO len East High ~t~et PS Form 3817, January 2001 · U.S. POSTAL SERVfCE CERTIFICATE OF MAILING MAIL, DO£S NOT iFNOsRu [~j~ Nk cEES~Ti~)SAi~MD~,~-~ i~NATIONAL MARTSON OEARgORFF WILLIAMS ~ O Ten East High Street Ctdifle, PA 1701~;]093 . / t One piece of o~dinary, mail addressed to: PS Form 38~7, January 2001 CERTIFICATE OF SERVICE 1, Nichole L. Myers, an authorized agent for 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. William C. Nunn 1575 West Street, #711 Warminster, PA 18974 Ms. Linda Nunn 1575 West Street, #711 Warminster, PA 18974 MARTSON DEARDORFF WILLIAMS & OTTO Nichole L. Myers Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: June 1, 2004 DICKINSON COLLEGE, Plaintiff 1575 West~Str~/Road, #711 Warminster, PA 18974 Pro Se Defendant : IN THE COURT OF COMMONPLEAS OF i CUMBERLAND COUNTY, PENNsYI, VAN/A : CIV/L AC,i~iON _ LAW :: NO. 2004- 793 C/V/L TERM : ~~J~k~AG~v~,:~,~,~,7 Y TRIAL OF TWELVE DEMANDED AND NOW, COmes Plaintiff DICK/NSON COLLEGE by ~d t~ou~ its a~omeys, M~TSON DE~O~F W~L~s & OTTO, ~d Defender, V~G~ L. ~, who stipulate ~d a~ee as follows: ~a ~CP 1037 (c) pr°vldes that m all cases, theCo~, enter ~ apPr°pnatejud~ent against a p~y upon a~ission, on motion ofa p~, may i~ 2. Defender, Vir~nia L. Nu~, a~ees ~d a~its that Jud~ent should be entered 'nst her in favor °fPlamtiffin the ~o~- ~ ~ me ~ount of$318.40, atto ~, ~ . _t ot$23,955.17, plus interest ~om Feb~ 3, 200 ~e~ ~es m the ~o~t °f$3,532.20, for a total of $27 ~ -- 4, costs of suit ~d interest accruing at $3.98 per day ~om date °fJ~td~ent. ,o~.r/, plus 3. The P~ies a~ee ~at ~e Co~, upon motion of Plaintif~ may enter Jud~ent pursuit to ~is Stipulation without issu~ce of a Rule to Show Cause, ~d without ~er proceedings or notice· Date: · rff Williams &~Otto Ten East High Street Carlisle, PA 17013-3093 (717) 243-3341 Attorney for Plaintiff Date: CERTIFICATE OF SERVIC~E I, Jean Taylor, an authorized agent ofMartson DeardorffWilliams & 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 follows: Ms. Virginia L. Nunn 575 West Street Road, #711 Warminster, PA 18974 Dated: September 24, 2004 MARTSON DEARDORFF W~fl. JAMS & OTTO C~r li~s t ~/g,~S~treet arlisle, PA 17013 (71D 243-3341 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 WiLLIAM C. NUNN, LINDA A. NUNN, h/w, and VIRGINIA L. ~, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CWIL ACTION - LAW NO. 2004- 793 CIVIL TERM JURY TRIAL OF TWELVE DEMANDED ORDER OF COURT AND NOW, this ~_~[~day of ~t' to~ , 2004, upon consideration of the attached Stipulation, judgment is hereby entered in favor of Plaintiff, Dickinson College, against Defendant, Virginia L. Nunn, in the mount of $27,805.77 plus cost of suit and interest accruing at $3.98 per day from date ofjudgment. Prothonotary is directed to enter and index this judgment accordingly. BY THE COURT, ~ for Plaintiff: v/David R. Galloway, Esquire Ten East High Street Carlisle, PA 17013 for Defendant: ,~'Igls. Virginia Nunn 1575 West Street Road, #711 Warminster, PA 18974