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HomeMy WebLinkAbout04-1458 F: IFlLES\DA T AFILE\Dickinson College 7619IDickinsonCollcgeCollectiOlls7619C\Currenl\ 170-com2, wpd/drg Created: 5/15(03 11:422AM Revised: 4/5/0411:43:17 AM 76!9C170 v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 6lf- /<-[51 ~ CNILACTION-LAW DICKINSON COLLEGE, Plaintiff DAVID E. & DEBORAH B. YEARING, H1W, & BRIAN D. YEARING, Defendants 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 MAYBE 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: April 5, 2004 ~y, 1. D. Number 87326 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 0 '-I - 1'/ s B' CIVIL ACTION-LAW DICKINSON COLLEGE, Plaintiff DAVID E. & DEBORAH B. YEARING, H/W, & BRIAN D. YEARING, Defendants JURY TRIAL OF TWELVE DEMANDED COMPLAINT AND NOW, comes Plaintiff Dickinson College by and through its attorneys, MARTS ON 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. Defendants, David E. and Deborah B. Yearing (hereinafter "Parents"), are adult individuals residing as husband and wife with a last known address of 1004 Riclunont Street, Scranton, Lackawanna County, Pennsylvania 18509-1724. 3. Defendant, BrianD. Yearing (hereinafter "Student"), is an adult individual with a last known address of! 004 Riclunont Street, Scranton, Lackawanna County, Pennsylvania 18509-1724. 4. On or about August 28, 1996, Parents and Student entered into a Promissory Note (Note #1) with Plaintiff for the financing of $5,425.00, plus interest and costs by Parents on their own behalf, for educational services and benefits to Student at Plaintiffs institution. A copy of Note #1 is attached hereto as Exhibit "A." 5. On or about January 29, 1999, Parents and Student entered into a Promissory Note (Note #2) with Plaintiff for the financing of $4,270.00, plus interest and costs by Parents on their own behalf 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 May 10, 2000, Parent, David Yearing, and Student entered into an additional Promissory Note (Note #3) with Plaintiff for the financing of $800.00, plus interest and costs by Parent on his own behalf, for educational services and benefits to Student at Plaintiffs institution. A copy of Note #3 is attached hereto as Exhibit "C." 7. On or about May 10, 2000, Parent, David Yearing, and Student entered into an additional Promissory Note (Note #4) with Plaintiff for the financing of$4,000.00, plus interest and costs by Parent on his own behalf, for educational services and benefits to Student at Plaintiffs institution. A copy of Note #4 is attached hereto as Exhibit "D." 8. The collective principal balance for Note #1, Note #2, Note #3 and Note #4 is $14,495.00. 9, Note #1, Note #2, Note #3 and Note #4 grant Plaintiff reasonable collection and attorneys' fees which Plaintiff has calculated to be $ 2,174.25. 10. As of March 24, 2004, the principal and interest due and payable by Parents and Student to Plaintiff was $21,021.08, plus interest in the amount of$2.86 per day. II. On or about August I, 2003, Parents and Student signed a reaffirmation note acknowledging the above mentioned loans. A copy of that reaffirmation note is attached as Exhibit "E," 12. Parents and Student stopped make monthly payments on the reaffirmation note on or about December 24,2003. 13. As of March 24, 2004, the outstanding balance of$21,021.08 represents the total and actual overdue value of the financing provided to Parents and Student under Note # 1, Note #2, Note #3 and Note #4 for which they have yet to pay. 14. Plaintiff fulfilled, performed and complied with all obligations and conditions of Note #1, Note #2, Note#3 and Note #4. COUNT I BREACH OF CONTRACT DICKINSON COLLEGE v, DAVID E. YEARING & BRIAN D. YEARING 15. Plaintiff hereby incorporates by reference the averments contained in Paragraphs 1 through 14 of this Complaint. 16. Parent, David E. Yearing, and Student breached the expressed and implied obligations, conditions and terms of agreement of Note #1, Note #2, Note#3 and Note #4 by failing to pay the amounts financed therein. WHEREFORE, Plaintiff demands judgment against Defendants, David E. Yearing and Brian D. Yearing, in the amount of$21 ,021.08, plus interest in the amount of$2.86 per day, collection and attorneys' fees in the amount of$2,174.25 and costs of suit. COUNT II BREACH OF CONTRACT DICKINSON COLLEGE v. DEBORAH B, YEARING 17. Plaintiff hereby incorporates by reference the averments contained in Paragraphs 1 through 16 ofthis Complaint. 18. Parent, Deborah B. Yearing, breached the expressed and implied obligations, conditions and terms of agreement of Note #1 and Note#2 by failing to pay the amounts financed therein. WHEREFORE, Plaintiff demands judgment against Parent, Deborah B. Yearing, in the amount of$14,162.31, plus interest in the amount of$1.52 per day, collection and attorneys' fees in the amount of $1 ,454.25 and costs of suit. COUNT III IN QUANTUM MERUIT DICKINSON COLLEGE v. BRIAN D. YEARING 19. Plaintiffhereby incorporates by reference the averments contained in Paragraphs 1 through 18 of this Complaint. 20. Having requested Plaintiff to loan money, and doing so to the benefit of Student, Student became liable to Plaintiff for said money. 21. Student has been unjustly enriched by accepting said money without paying Plaintiff reasonable compensation therefor. 22. The total amount by which Student has become enriched is $21,021.08, plus interest in the amount of $2.86 per day. WHEREFORE, Plaintiff demands judgment against Defendant, Brian D. Yearing, in the amount of$21,021.08, plus interest in the amount of$2.86 per day, collection and attorneys' fees in the amount of $2, 174.25 and costs of suit. By F WILLIAMS & OTTO David R. Galloway J.D. No. 87326 Ten East High Street Carlisle, PA 17013-3093 (717) 243-3341 Attorneys for Plaintiff Date: April 5, 2004 Ocr23'Ol 0' ~ 71,~.9J DICKINSON COLLEGE FLEXIBLE FINANCING SYSTEM - PLAN B EDUCATIONAL GOODS AND SERVICES RETAIL INSTALLMENT CONTRACT "'t" D-), I.V if 7iJ- August 28, 1996 I. Seller: Dickinson College, Carlisle, Pennsylvania 17013-2896 Buyer(s): David E. & Deborah B. Yearing 1004 Richmont St. Scranton PA 18509 If there is morE:: than one Buyer, each of yo-..:. 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 I as the case may be, to Brian D. Yearing (hereinafter "Student") during his/her enrollment at Dickinson College during the 1996-1997 academic year, including tuition, room anc 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 !\.MOUNT FINANCED: Amount of credit provided by Dickinson College TOTAL OF PAYMENTS: Amount paid by Buyer as total of all scheduled payments TOTAL SALE PRICE: Total cost of purchase on credit, including down payment of $ $20,985.00 9.25 % $ $3,802.92 $ $5,425.00 $ $9,227.92 $ $26,410.00 2 EXHIBIT "A" Number of payments 152 *Variable Rate: Late Charge: Prepayment: Rev 8/96 Yeari 8uyer's payment schedule will be as follows: Amount of Payments When Payments are Due $ $60.71 Monthly commencing 9/28/96 until OS/28/09 The ANNUAL PERCENTAGE RATE disclosed above is a varinble 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 $$5,425.00 at 9.25% per annum for 152 months and the prime rate plus 1% were increased to 10.25%, your regular monthly payments would increase to $$63.87. 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 Service Installment Sales Act. If a payment is more than 15 days late, a sum equivalent to 5% of the late payment (but no more than $2.50 and not less than $1,00) may be charged. Buyer may prepay the unpaid balance of the Amount Financed and any FINANCE CHARGE due through the date of early payment, in full or in part, without penalty. SEE SECTION VI OF THE CONTRACT BELOW FOR ANY ADDITIONAL INFORMATION ABOUT NON-PAYMENT, DEFAULT ANI REQUIRED REPAYMENT BEFORE THE SCHEDULED DATE FOR REPAYMENT OF THE AMOUNT FINANCED. III. ITEMIZATION OF AMOUNT FINANCED 1. Cash price of Goods and Services: $26,4l0.0C 2. $ Total down payment: $20,985.0C 3, Unpaid balance of cash price (1 - 2): $5,425.00 4. Amount paid to others on Buyer's behalf, - 0 - 5. Amount Financed (3 + 4): $5,425.00 $ V. CREUIT INSURANCE credit life insurance for the term of this Contract is not required. V. NO WARRANTIES THERE ARE NO WARRANTIES, EITHER EXPRESSED OR IMPLIED, GIVEN BY SELLER IN CONNECTION WITH SALE OF THE GOODS AND SERVICES COVERED BY THIS CONTRACT UNLESS BUYER HAS BEEN GIVEN A SEPARATE WRITTEN WARRANTY. VI. ADDITIONAL PROVISIONS 1. Buyer agrees to pay Seller the Total Sale Price by making the total down payment and paying Seller the Total of Payments in the number and amount of monthly payments shown in the Payment Schedule. Payments are due on or before the Bame date of each month as the first payment date_ Payments must be made to Eduserv Technologies, Inc. at the following address: Eduserv T9ch~ologieB, Inc. P.O. Box 64974 St. Paul, MN 55164-0974 2. Buyer's legal rights include the right to pay all or part of the amounts due on this contract in advance of their due dates, to obtain a refund or credit of unearned Finance Charge whenever the amount is paid in full in advance, and (with Seller's consent) to reinstate the Contract if Buyer timely cures any default. 3. Buyer shall be deemed to have committed an "Event of Default" of the Contract upon the occurrence of any of the following: (a) failure to make any payment on or before the date it is duel (b) failure to make a payment on any other Contract outstanding with Seller, (c) failure to perform any other provision of the Contract, (d) providing Seller with false information or signatures, (e) death, incompetencel or conviction of any Buyer of crime involving fraud or dishonesty, (f) insolvency or bankruptcy of any Buyer. 4. Upon or after the occurrence of any Event of Default, Seller will provide Buyer with noticel 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 curt';! the def'.:'llt. If Buyer does not cure the default as provided in the notice, Seller's rights shall include the right to declare all sums due on the Contract to be immediately due and payable. The Buyer agrees to pay all attorney's fees and other reasonable collection costs and charges necessary for the collection of any amount not paid when due. 5. Waiver by Seller of any Event of Default shall not be binding upon Seller if Seller should thereafter choose to exercise that or any other right or a similar Event of Default occurs later. All Seller's rights and remedies shall be cumulative. Seller's exercise of one or more rights shall not cause Seller to lose any other rights. 6. This Contract is freely assignable by Seller. Buyer agrees that upon receiving notice of the assignment Buyer shall be obligated to the Assignee of this 3 Contract, which Ao,signee shall have All of seller's right and remedies. 7. If any part of this Contract is held to be illegal, void or unenforceable, that provision shall be deemed not to have been a part of this Contract, which shall otherwise remain fully effective. 8. APPLICABLE LAW: This Agreement, whenever called upon to be construed, shall be governed by the domestic internal laws of the Commonwealth of Pennsylvania except to the extent supplemented, superseded or preempted by federal law. 9. CONSENT TO JURISDICTION, VENUE AND SERVICE: The parties to this Agreement consent and agree that all legal proceedings relating to the subject matter hereof shall be maintained in the Court of Common Pleas of Cumberland County, pennsylvania, or, if applicable, the United states District Court of the Middle District of Pennsylvania I 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 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) : A COMPLETED COpy OF THIS CONTRACT AND INTEND(S) BUYER(S) ACKNOWLEDG TO BE LEGALLY BOUND ~ ' ~. l t1,J~ 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 't?.......=.~ l...../. ~ TRANSCRIPT OF ~ STUDENT'~-CORD WILL NOT BE RELEASED IF LOAN PA~S TO THE ~O~GE ARE IN ARREARS OR DEFAULT. DATE: DICKINSON COLLEGE p!? S/it;. BY 0.:127.<'-7 4 . JG-29-99 11:33 PM ATSPRODUCTSCORP APR'!3-99 :~E ~:54 PM FI~~~:,n~ d?FAiP€ 2156388284 :r.::: ~iO. " ~i5 ;';,:::: P.0S . f n_~,a \c{\ ~ cg y?\ DICKINSON COLLEGE FLEXIBLE FINANCING SYSTEM - PLAN B EDUCATIONAL GOODS AND SERVICES RETAIL INSTALLMENT CONTRACT OdOS I - GCles 3 - 03 January 29. 1999 J. Sel1e~: Dickin~on Collcge, Carlisle, Pt:rU\sylvania 17013.2896 Buyer(s)' David R. & Deborah B. Ycaring 1004 R ichmont Sl. Scranton, PA 18509 If there i. more than (lne Byyer. each of you will he oblig~ted,joinIJy EIlId sev~(~Hy, for aU.urns due and for Ih, perf<1Onallce of all agreements as provided in this Conu",t, Under the Tenns of this F.ducational Good~ and Services Retail Imtallrnent Contract, you have agr.~d 10 pay the expenses intUITed for goods md se1'\'ices:o be provided and rendered, as tbe case may be, to Brian YeariJ1g (hereinafter "Student") during his/her e."ollment at Dickin.scn College during the 1999 academic y~ar,includjng tuition. room lIl1d board. books and supplies as herein statej (h~t'l:inafter the "Goods and Scrvi<;es"), The Goods and Services shall indude only tuition, room and boud. II TERlI/S OF PA YME~T A~D PAYMENT SCHEDULE Disclosures Required by Federal Law ANNlJAL PERCENTAGE RATE;' Cost of crc:dit as ~early rate FINA~CE CHARGE: Dollar amount credit will cost buyer Al'vl0UNT FINANCED: Amount ofctedi! provided br Diclonson COllege TOTAL OF PAYMENTS: AmoWlt paid by Buyer a.~ total ofal! scheduled payments TOTAL SALE PRICE; Total ~ost of purchase Ol) credit, including down payment of 950% $~ ~ 'I ~..q 0 ...- SJ.~~ i ~ --- ~ ~ Rev 21'92 EXHIBIT "B" AUG-29-99 11:34 PM ATSPRODWCTSCORP ~?R-I~-~g rUE 2:54?M Number of Payments 128 'Variable Rate: Late Charge: PrepaYOl,,"l: 2156388284 P.ta6 FI~AN~:AL A~~~~~5 ~ 5 "'\. \J" ~ .~.,\ .\,), :! ~ ~~~ 19~? Yearing Bu}'er's pllyment schedule will be as follows: Amount of Payments When Payments are Due S 31.14 Monthly commencing 02!28:99 until 08128109 The ANNUAL PERCENT AGE RATE disclosed above is a variable rate and may cbange The A..'lNtJAL PERCFNT A.GE R.... TE may increase during the tem of this transaction if the prlRl~ rate of interest announced in the Wall Street JOUlllaJ as of the close of business on Jlme 30 of eaen caltnear 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 Jate wi!: become cffeotive on July I following the increase, if any, in the prime rate of interest. Any increase will be in the fonn of higher payment amounts, If your cost of the Good.q and Services sold hereunder were $2,500,00 at 9,50% per annum for 128 months end the prime rate plus 10/0 were in~reased to 10.$0%, your regular monthly payments would increase to $32.55, Further, the ANNUAL PERCENTAGE RATE will lIot intrea.setQ more than 18%or slIch other rate as may be permitted '.mder the Penn3ylv3nia Goods and Services Installment Sales Act. If a pa)'mem is more t;1Bn 15 days late, a sum oquivalent to 5% of the late payment (but no more than S2.~O and nalless than Sl.oo) may be charged. Buyer may prepa)' the unpaid balance of the Amount Financed end any FINANCE CHARGE due tIuough the dale of early payment, in full or in an, WIthout penalty- SEE SECTION VIOl' THE CONTRACT BELOW FOR ANY ADDlnONA.L INFORMATION ABOUT SON. PAYMENT, DEF AULl' AND REQUIRED REP A Y!VlENT BEFORE THE !SCHEDULED DATE FOR REl'AYME>IT OF THE AMOUNT FINANCED. II!. ITEMIZATION OF AMOUNT FINANCED I. Ca3h pn~e of Goods and Services' 28,630.00 2. $ Total du....n paymerll l 26,130.00 2,$00,00 Unpold haJ31lCe of cash price (I . 2): 4. Amounl paid to othe,s on Bu)er's behalf -0- s. Amount Filt:lDCed (3 + 4): $ ~ 'f"1.-1p,...c. 2 AUG-29-99 11:34 PM ATSPRODUCTSCORP AFR-13-~; TZE ::55?~ F :NAX(:~~ AFFAIR~ 2156368284 P.07 fAX ;{~I. 7: i 245 ~ 9C~ t. ~ IV, CREDIT INSvRANCE Credit life insuran~e (or the tenn ofdtis ContriK:l is net requlrrN. v, NQWARRANTIES THtRE ARE NO WARRANTIES. EITHt:R ExpRESSED OR iMPLIED, GIVEN BY SELLER IN CONNECTIOJo.' \\oTIH SALE Of THE GOODS AND SERVICES COVERED BY THIS CONTRACT UNLESS BUYER HAS BEEN GIVEN A SEPARA Tt WlllTIEI' W ARJlA NTY VI. ADDITIONAL Pll.OVISIONS l. 9JY.' ogr." to pay Seller the Total S.~ Price by ma.ins the total down paym.n, and pay,nl Sell., th. To.., of Paym.." ill tho number and amoum ofmonth!y paymcrus show.. in the PlYmeAt Schedule-. Paymenl$ Are ;:!ut on or beforeth, same dale ;)ferach rMOth as the rust paylU.., <h'. l':lym.,," mu>: be mad. to EFG Tech.olDlic" In., ., the follo"ing address: EFG T ..hM!Ogi.., Inc, 1',0 Box E.~74 St. Poul, MN ,~ 164 2. Buye,slolllll rlgltlS molude rhe ris"t tu pay ail or Palt u(tho amou... due on thi, Ccncr"l in advanc. ofth.ir due d3h:,. to obtai.,. refund or er<dit 01 "...me<! Finance Charlie wben...r the amount is paid in II1H in advance. and (with Selle(, con"nt) to reir1!lllte the Comr,ct if8uYC'f ::mcly cu"es ,]n~' dftautt. Buyer Sl1a.~; be dceme:\J to h!tve cDmmit:cd an "Event of Default" Of the C"ntract urton the occum~nce of an)' of1te ("Crowicg: ~a) (""iture 10 make any ra:.m~nt oJl1 or be(Ofe the dace: it is due. <b) failure [0 makr a pa~men[ on ,)11.)' orher Conrract outstanding with Seller, Ie:} tlUl~re (0 perform J.ny ocherpro\l.i$ion oCm.e Conaactl (d) pNviding SeHer with ("'sa: Information or siina{Uri5~ Ie) deach. ,neolYlpetence. or eonviet,on .'any Bu,.r of crime involving fraud ordi,hor.!lY, (f) JflsQlvt!:1CY or bankruptcy of any Buyer. 4. L'pon or aner the OC:CU('!'l.nce of ..lO;' Event Cof Del.ull. Stlltt will provi<i~ BGyer with n<'lic::, b)t cer:ified m~i) M requirtd by law. addre3'ed. ~o Rc)'~r'$1o.~1 kno.......n Jddre!is 33 sho....n O~ Seller's !'ecords. ad-vising Buyerofthe default""d QfB'Jyer's right :0 ewe tbe default. The nOli,. w,lI provide ,he time. .Illount and perfG:'l1llUl~t noc.,;ary to cure 111. d.fa"~. If auyer d~s not cuse rhe defaul! " provided in Ihe notice. Seller', ri~hts shall in'Iud.the right to declare all ,utn' due on the Contract tQ be immediately doe and i='3yablt'. Th" BUler ;;ta:ru.\ t" pay all acto!ltey's t'e~ and ~\Iher rellsorable collection (;0513 and ~hart(s nt'tS5'll')' for 1':M eolJe.ctloo ot' any anloont not fR"d when due. ;, Waiv", by 5<11., of ally ~v.n[ cfDefoull>haJ' not be bmdin& upon Se!!er If 5.n... should Ihereafter chI"'" 10 ...,cis.,har or.;ny other riillt or a simrar EII,tnt "t"DefaullllcO::!.1rS la[tr. All Setler'5, rights and r~medie.s shi111 bt cu.m.ulallve. Seller'l) exerci.!-~ otOllt' m mere njhts ,half nor cause St:t1er ro IMe an} o[hcr ria:tus 6, Thi, Contre" i, fl<,I~' .."gnob" D) 5.lIor, Buyer agr..' that upon receivi.g oo:ice afltIc ."illnment Buyer ,boll be oblig;Jted [0 tilt ^"ignee OfthlS Contrno,. which A,sIgnee ,hall h.". all of Seller', riV,! and remed,os 1 !f any PiI.;t o( this Contract is hdd to be iIleti\l. VOtd or \Jnc!'nfQr~~able. that prOVisiO:1 shall be deem!d no! to 1ave bC~11 il part ofthh Conrrar;t. which .>hallmherwisc .tm'1ain fully effe~ti""e. 3 AUG-29-99 11:3~ PM A:E- 13-3~ rUE 2:5: PM ATSPRODUCTSCORP F~~;N'~:AL A~FAIRS 2156388284 p.0a FAZ lIO. ". "",' 1 Q(' l i I '." " :." .' ....... .. .' P. 7 B. . ....PPL Ic.~aLr: LA IV; Thii Agrccme~~ wltcoC'l.;r called upon to.bo constrJed, mall b< governed by the domestic L,temallaws ortile Commonwe.lth orP.n,syl\'ln:. e'<cpl <0 Ill<: extent '.pplcmented. $u)l<neded or p",e.lpted by federall.w. 0, CONSENT TQ)URJSDlCTlOro:. VEl'<\.'E AND SEQ.VICE: Tlie p."i.. to this Acreement conso'l aad acreclhat allleial procee:imz, relalinl to th. ~ub~ect l'rultt*f hereQ( shall bt maintalned in the Court of CCllunon Pie.. QrCumberlaad COUl\t'J. Pennsylvania. or. if spplic.ble. the U.i,ed SIa'" Dj''''Cl C""" of the Midcl;. DislT;ct ofPennsylyania, and all perU.. he""o <""sent on1 "!I'" tho'jurisdiction ollId vcnue ror S\;ch proceeding' :;hall lie exclusively within ..id com. Service of process io ",youch pnx<e:eding may be mad. by cl:rtificd mail, rerum receipt requested, direc:ted to the re3r-ecrivc pany at the tddrc~s let forth. above. 10 This Contra:t ihaJl be' bind ins upon the panles here(o, their he'ir'). Sl'ccessors, assigns and lega.l Tepctwn'C.advcs, II. TIM" IS OF THE ESSE~CE OF THIS CONl'RAC'T. NonCE: ANY HOLDER OF 1'1'115 CONSU",ER. CREDIT CONTRACT IS SUBJECT 10 ALL CLAIMS AND DEFENSES WllICH THE DEBTOR COULD ..\SSERT AGAll.;ST THE SELLER OF GOODS OR SERVICES OBTAINED Pt:RSUANT HERETO OR 1\1TH THE PROCEEDS HEREOF, RECOVERY HEREU'lDER BY 'rHE DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR HEREL'NDER. NonCE TC' BUYER; I!) DO ;-JOT StGN TIiIS AGREE:'.IE", BEFORE YOt: READ ITOR IF IT CONTAINS ANY BLAl.1< SPACE. (2) YOL ARE ENTITLED TO A CQMPLETEL Y FILLED.i~ COPY OF THIS AGREEMENT. (3) UNDER THE LAW. YOU HAVE THE RIGHT TO PA. " O?F IN ADVANCE THE FL'LL "MOl;NT OljE AND UNDER CERTAIN CONDITIONS TO OBTAIN A PARTI., REf1J.'oiD OF THE FINANCE CflARGE. Bt:YER(S) ...\CKN \ . GE(S) RECEIVING A COMPLETED COpy Of THIS CONTRACT AND INTEND(S) TO BE LEGALL Y BQli)lO BV ITS 1 MS BUYER($i: I AGREE TO R::?'S ALL A.\IOL:}lTS DUE m:THIS LJAN II- THE BORROWER(S)iBlIYER(Si FAIl.S TQ 00 SO IN ACCORDA;';CE WITI-! THE TERMS OF THE "OTE: STl,;DEN.COSIGNER ~~, rR~)/SCRJPT OF A STt;D(,~1"S RECORD WILL NJr BE REU:~SEl) IF LOAN Pi\ nlI:-ITS TO THE COLU:GE ,REIN ARRE,~RS OR DEF.!IJI..T C! - )..'1 " ~'9 DtCK!NSON COLLEGE BY &,7>-- ..1-::...:....._.. , '---' DATE 'tine: lv<l1' . YD~~ \- ~<Y ~ S\\'e\bO DICKINSON COLLEGE FLEXIBLE FINANCING SYSTEM - PLAN B EDUCATIONAL GOODS AND SERVICES RETAIL INSTALLMENT CONTRACT OCJS j/D~ May 10, 2000 1. Seller: Dickinson College, Carlisle, Pennsylvania 17013-2896 Buyer(s): David E. Yearing 1004 Richmont Street Scranton, PA 18509 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 Brian D. Yearing (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"). II. TERMS OF PAYMENT AND PAYMENT SCHEDULE Disclosures Required by Federal Law ANNUAL PERCENT AGE 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 $ 28,935.00 8.75 % $ 387.84 $ 800,00 $ 1,187.84 $ 29,735.00 Rev 10/99 EXHIBIT "e" Number of Payments 116 *Variable Rate: Late Charge: Prepayment: Yearing Buyer's payment schedule will be as follows: Amount of Payments When Payments are Due $ 10.24 Monthly commencing 06/28/00 until 06/28/09 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 ofthis transaction ifthe prime rate of interest announced in the Wall Street Journal as ofthe close of business on June 30 of each calendar year increases or decreases, and will be increased or decreased to the prime rate plus I %. The ANNUAL PERCENTAGE RATE will not increase, or decrease, more than once a year, and the new interest rate will become effective on July I 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 $800.00 at 8.75% per annum for 116 months and the prime rate plus I % were increased to 9.75%, your regular monthly payments would increase to $10.68. Further, the ANNUAL PERCENTAGE RATE 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% ofthe 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 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. ill. ITEMIZATION OF AMOUNT FINANCED 1. Cash price of Goods and Services: 29,735.00 $ 2, Total down payment: 28,935.00 3, Unpaid balance of cash price (1 - 2): 800.00 4. Amount paid to others on Buyer's behalf: - 0 - 5. Amount Financed (3 + 4): 800.00 $ 2 N, CREDIT INSURANCE Credit life insurance for the term of this Contract is not required. V. NOWARRANTIES THERE ARE NO WARRANTIES, EITHER EXPRESSED OR IMPLIED, GNEN BY SELLER IN CONNECTION WITH SALE OF THE GOODS AND SERVICES COVERED BY THIS CONTRACT UNLESS BUYER HAS BEEN GIVEN A SEPARATE WRITTEN WARRANTY. VI, ADDITIONAL PROVISIONS 1. Buyer agrees to pay Seller the Total Sale Price by making the total down payment and paying Seller the Total of Payments in the number and amount of monthly payments shown in the Payment Schedule. Payments are due on or before the same date of each month as the fIrst payment date. Payments must be made to EFG Technologies, Inc. at the following address: EFG Technologies, Inc. PO Box 2901 Winston.Salem NC 27 I 02 2. Buyer's legal rights include the right to pay all or part of the amounts due on this Contract in advance of their due dates, to obtain a refund or credit of unearned Finance Charge whenever the amount is paid in full in advance, and (with Seller's consent) to reinstate the Contract if Buyer timely cures any default. 3. Buyer shall be deemed to have committed an "Event of Default" of the Contract upon the occurrence of any of the following: (a) failure to make any payment on or before the date it is due, (b) failure to make a payment on any other Contract outstanding with Seller, (c) failure to perform any other provision of the Contract, (d) providing Seller with false information or signatures, (e) death, incompetence, or conviction of any Buyer of crime involving fraud or dishonesty, (I) insolvency or bankruptcy of any Buyer. 4, Upon or after the occurrence of any Event of Default, Seller will provide Buyer with notice, by certified mail as required by law, addressed to Buyer's last known address as shown on Seller's records, advising Buyer of the default and of Buyer's right to cure the default. The notice will provide the time, amount and performance necessary to cure the default. If Buyer does not cure the default as provided in the notice, Seller's rights shall include the right to declare all swns due on the Contract to be immediately due and payable, The Buyer agrees to pay all attorney's fees and other reasonable collection costs and charges necessary for the collection of any amount not paid when due. 5. Waiver by Seller of any Event of Default shall not be binding upon Seller if Seller should thereafler choose to exercise that or any other right or a similar Event of Default occurs later. All Seller's rights and remedies shaJl be cumulative, Seller's exercise of one or more rights shall not cause Seller to lose any other rights. 6. This Contract is freely assignable by Seller. Buyer agrees that upon receiving notice of the assignment Buyer shall be obligated to the Assignee of this Contract, which Assignee shall have all of Seller's right and remedies. 7, If any part of this Contract is held to be illegal, void or unenforceable, that provision shall be deemed not to have been a part of this Contract, which shall otherwise remain fully effective. 3 8, APPLICABLE LAW: This Agreement, whenever called upon to be construed, shall be governed by the domestic internal/aws of the Commonwealth of Pennsylvania except to the extent supplemented, superseded or preempted by federal law. 9. CONSENT TO JURlSDICTION, 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 Connnon Pleas of Cumberland County, Pennsylvania, or, ifapplicabIe, 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, II. 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 TillS 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): ~ BUYER(S) ACKNO LE LEGALLY BOUND BY ITS T \ I AGREE TO REPAY ALL AMOUNTS DUE ON THIS LOAN IF 11J:E BORROWER(S)/BUYER(S) FAILS TO DO SO IN ACCORDANCE WITH THE TERMS OF ~E: I STUDENT COSIGNER ~ TRANSCRIPT OF A STUDENT'S RE WILL OT BE RELEASED IF LOAN PAYMENTS TO THE COLLEGE ARE IN ARS OR DEFAULT. S '( 0-00 DICKINSON COLLEGE BY &rno'j t^---./ DATE: Plan B 4 , DO C~~ \~~~ JY~' & '3}. ^ ~ ~ (j'?Jf-' DICKINSON COLLEGE FLEXIBLE FINANCING SYSTEM - PLAN A ~l,c\ EDUCATIONAL GOODS AND SERVICES RETAIL INSTALLMENT CONTRACT S'\\ 1011-01 May 10, 2000 LSeller:Dickinson College, Carlisle, Pennsylvania 17013 Buyer(s):Mr. David E. Yearing 1004 Richmont Street Scranton, PA 18509 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 Brian Yearing (hereinafter "Student") during hislher 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"). IT. 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 credit will provided by Buyer as total of all purchase on credit yearly rate cost Buyer Dickinson College scheduled including down payments payment of Prior to repayment: 11% $25,735.00 During repayment: 11% $1775.41 $4,000.00 $5775.41 $29,735.00 Rev 10/99 EXHIBIT "n" 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 GWEN A SEPARATE WRITTEN WARRANTY. VI. ADDITIONAL PROVISIONS I. Buyer agrees to pay Seller the Total Sale Price by making the total down payment and paying Seller the Total of Payments in the nwnber 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. PO Box 290 I Winston-Salem NC 27102 2. Buyer's legal rights include the right to pay all or part of the amounts due on this Contract in advance of their due dates, to obtain a refund or credit ofuneamed Finance Charge whenever the amount is paid in full in advance, and (with Seller's consent) to r~instate the Contract if Buyer timely cures any default. 3. Buyer shall be deemed to have committed an "Event of Default" of the Contract upon the occurrence of any of the following: (a) failure to make any payment on or before the date it is due, (b) failure to make a payment on any other Contract outstanding with Seller, (c) failure to perform any other provision of the Contract, (d) providing Seller with false information or signatures, (e) death, incompetence, or conviction of any Buyer of crime involving fraud or dishonesty, (I) insolvency or bankruptcy of any Buyer. 4. Upon or after the occurrence of any Event of Default, Seller will provide Buyer with notice, by certified mail as required by law, addressed to Buyer's last known address as shown on Seller's records, advising Buyer of the default and of Buyer's right to cure the default. The notice will provide the time, amount and performance necessary to cure the default. If Buyer does not cure the default as provided in the notice, Seller's rights shall include the right to declare all sums due on the Contract to be innnediately due and payable. The Buyer agrees to pay all attorney's fees and other reasonable collection costs and charges necessary for the collection of any amount not paid when due. 5. Waiver by Seller of any event of default shall not be binding upon Seller if Seller should thereafter choose to exercise that or any other right or a similar Event of Default occurs later. All Seller's rights and remedies shall be cumulative. Seller's exercise of one or more rights shall not cause Seller to lose any other rights. 6. This Contract is freely assignable by Seller. Buyer agrees that upon receiving notice of the assignment Buyer shall be obligated to the Assignee of this Contract, which Assignee shall have all of Seller's rights and remedies. 7. If any part of this Contract is held to be illegal, void or unenforceable, that provision shall be deemed not to have been a part of this Contract, which shall otherwise remain fully effective. 8. APPLICABLE LAW: This Agreement, whenever called upon to be construed, shall be governed by the domestic internal laws of the Commonwealth of Pennsylvania except to the extent supplemented, superseded or preempted by federal law. 3 9. CONSENT TO WRISDICTION, 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 Connnon 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. II. TIME IS OF THE ESSENCE OF THIS CONTRACT. NOTICE: ANY HOLDER OF THIS CONSUMER CREDIT CONTRACTIS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH THE DEBTOR COULD ASSERT AGAINST THE SELLER OF GOODS OR SERVICES OBTAlNED PURSUANT HERETO OR WITH THE PROCEEDS HEREOF. RECOVERY HEREUNDER BY THE DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR HEREUNDER. NOTICE TO BUYER: (I) 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 REF OF THE FINANCE CHARGE. BUYER(S) ACKNOWL G BE LEGALLY BOUND BY BUYER(S): 'fS:t~ ~y 0' TIlli CONTRACT AND m~') TO 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 ~TE: , STUDENT COSIGNER ~ ~ ~ TRANSCRIPTS OF A STUDENT'S ORD WILL ~T BE RELEASED IF LOAN PAYMENTS TO THE COLLE E ARE IN ARREARS OR DEFAULT. DATE: DICKINSON COLLEGE ---- 5-( 0 -ou BY ~j(~ PlanA 4 MDW~O INFORMATION' ADVICE. ADVOC..ACY ATTORNEYS & COUNSELLORS AT LAw TEN EAST HIGH STREET CARLISLE.. PENNSYLVANIA 17013 TELEPHONE (717) 243-3341 FACSIMILE (717) 243-1850 INTERNET www.mdwo.com WILLlAM F. MARTSON JOHN B. FOWLER III EDWARD L. SCHORPP DANIEL K. DEARDORFF THOMAS J. WILLIAMS * Ivo V. alTO III GEORGE B. FALLER JR.* CARL C. RISCH DAVID R. GALLOWAY ANTHONyT LUCIDO .BOARD CERTIFIED CIVil TRIAL SPECIALIST July 17,2003 Mr. David E. Yearing Mrs. Deborah Yearing Mr. Brian Yearing 1004 Richmont Street Scranton, PA 18509 RE: Dickinson College v. David & Deborah Yearing, hlw, & Brian Yearing No. 03-2808-Cumberland County C.C.P. Our File Number: 7619C.170 Dear Sirs and Madam: As you know, we represent Dickinson College, (hereinafter "Dickinson"), to whom, as ofthe date of this letter, you are indebted the sum of$20,185.96. We thank you for contacting our office on July 13, 2003, with your proposed payment plan. We write to memorialize more specific payment terms. As we discussed in our telephone conversation, the amount you are indebted to Dickinson differs from the amount stated in the Complaint. That difference is a result of the enclosed note dated January 29, 1999 which was not included in the Complaint. As a result, Dickinson proposes the following terms ofrepayment and requests you to re-affirm your obligation to Dickinson. Commencing August 20, 2003, you agree to pay Dickinson $100.00 per month for six months. On February 20,2004, you agree to increase your !W~!'y'pa~ts to a minimwn of $200.00. All payments shall be made on or before the Hl.~," (J of eaCll month ~d will be credited to the unpaid balance of the debt. Each payment should be mailed to MDW &0, Attn: David R. Galloway, Ten East High Street, Carlisle, PA 17013 and checks should be made payable to "MDW &0." If you move or change your address at any time before the debt is paid in full, you must notify Dickinson with the mailing address where you can be reached. As time passes, interest will accrue and will increase the amount of the debt owed to Dickinson. If you agree to the re-payment terms and to re-affirm your obligation created by the notes attached to the Complaint and the note attached to this letter, please sign this letter where indicated and return it to us in the envelope we enclose for your convenience. Ifwe receive an executed copy EXHIBIT "E" I N FOR MAT ION . A D V J C E . A D V 0 CAe Y '" Mr. David E. Yearing Deborah Yearing Brian D. Yearing July 17,2003 Page 2 ofthis letter within the next twenty (20) days, Dickinson will withdraw the present action docketed at 03-2808 in the Court of Common Pleas, Cumberland County, Pennsylvania. In making this communication, we are advising you this firm is attempting to collect a debt for Dickinson College. Any information gained from this communication will be used for that purpose. Very truly yours, MARTSON DE DRG/cny Enclosure cc: Mr. Thomas B. Meyer F:\FILES\DA T AFlLElDickinson College 7619\OickinsonCollegeCollections76190Letters\170.deyl I, David E. Yearing, Deborah Yearing and Brian D. Yearing, intending to be legally bound hereby, re-affirm the debt owed to Dickinson College and agree to the terms and conditions ofthis p ~OO, _ D"vidE.Y'~ b:tJ ~ ~/)v::;:" Dated 9'(1/43 Dated ?;~ \\0) Dated Brian D. Yea' INFORMATION. ADVICE. ADVOCACY'" 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. S 4904 relating to unsworn falsification to authorities, which provides that if I knowingly make false averments, I may be subj ect to criminal penalties. Dickinson College g~' /// , - c...--/r .'~.-e.. .~ Thomas Meyer ..--/ Assistant Treasurer of Dickinson College Dated: ,~~ - -C \'\ .--.. ' ......;>- ...s- o<) ~ 0-J c=- \...)J ~ o 3J ) ..".... (-.0 ~, (,,{ U' u-d , '-" c <../\ <'c' (- (OJ ......., <'::-J () CJ -n ~- :r- ::;j ~.'- ~,~ fl1 : ""n U\ y (,:'1 ~ , '") .' c ~ - L-' ~ECFI\lFI. MAR 21 2004 "/11"',\1'\/'-- \.. ' 'i/~vl ,} Iv. SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2004-01458 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DICKINSON COLLEGE VS YEARING DAVID E ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT YEARING DAVID but was unable to locate Him , to wit: in his bailiwick. He therefore deputized the sheriff of LACKAWANNA County, Pennsylvania, to serve the within COMPLAINT & NOTICE On June 2nd , 2004 , this office was in receipt of the attached return from LACKAWANNA Sheriff's Costs: Docketing Out of County Surcharge Dep Lackawanna Co Notary 18.00 9.00 10.00 38.20 6,00 81.20 06/02/2004 MDW&O Sworn and subscribed to before this fMl day of ~ ;l.ov,/ A.D. CA,u prfJh~<6t~~1~ --- County me SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2004-01458 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DICKINSON COLLEGE VS YEARING DAVID E ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT YEARING DEBORAH B but was unable to locate Her , to wit: in his bailiwick. He therefore deputized the sheriff of LACKAWANNA County, Pennsylvania, to serve the within COMPLAINT & NOTICE On June 2nd , 2004 , this office was in receipt of the attached return from LACKAWANNA Sheriff's Costs: Docketing Out of County Surcharge 6.00 .00 10.00 .00 .00 16.00 06/02/2004 MDW&O Sworn and subscribed to before this 3A4 day Of~ d2iJD'f A.D. C)~(J ~~ t Prothonotary ----. County me SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2004-01458 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DICKINSON COLLEGE VS YEARING DAVID E ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: YEARING BRIAN D but was unable to locate Him in his bailiwick. He therefore deputized the sheriff of LACKAWANNA County, Pennsylvania, to serve the within COMPLAINT & NOTICE On June 2nd , 2004 , this office was in receipt of the attached return from LACKAWANNA Sheriff's Costs: Docketing Out of County Surcharge 6.00 .00 10.00 .00 .00 16.00 06/02/2004 MDW&O Sworn and subscribed to before this .3~ day of ~ ;lroy A.D. (l {} I'h,-U, ,A{k-~ 'ff Prothonotar! T7 ------ omas Kline riff of Cumberland County me SHERIFF'S RETURN - REGULAR CASE NO: 2004-00198 T COMMONWEALTH OF PE~SYLVANIA: COUNTY OF LACKM1ANNA , DICKINSON COLLEGE VS YEARING DAVID E. ET AL DON STETS , Deputy Sheriff of Lackawanna County County, Pennsylvania, who being duly sworn according to law, says, the within NOTICE AND COMPLAINT was served upon YEARING DAVID E. the DEFENDANT , at 0010:20 Hour, on the 20th day of April , 2004 at 1004 RICHMONT ST. SCRANTON, PA by handing to HIM,PERSONALLY AT 200 NORTH WASHINGTON AVE. SCRANTON a true and attested copy of NOTICE AND COMPLAINT together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: M Docketing (j- Service I, . U) Affidavit /~".\) Surcharge ~ ~ .00 .00 .00 .00 .00 .00 So Answers: John ~ Sheciff Deputy Sheriff 00/00/0000 Sworn and Subscribed to before me this ;; \ 1il ~s. I .... R. ~~PulllIo 8 0 Lact<a_ \'l\.('J-...-l... t.ly=;~ EOxpl 19, {iru ~......~~ - Notary SHERIFF'S RETURN - REGULAR CASE NO: 2004-00198 T COMMONWEALTH OF PENNSYLVANIA: COUNTY OF LACKAWANNA DICKINSON COLLEGE VS YEARING DAVID E. ET AL DON STETS , Deputy Sheriff of Lackawanna County County, Pennsylvania, who being duly sworn according to law, was served upon says, the within NOTICE AND COMPLAINT YEARING DEBORAH B. DEFENDANT , at 0012:55 Hour, on the 20th day of April at 1004 RICHMONT ST, SCRANTON, PA DAVID YEARING AT 200 NORTH by handing to WASHINGTON AVE. SCRANTON the , 2004 a true and attested copy of NOTICE AND COMPLAINT together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge .00 .00 .00 .00 .00 .00 Sworn and Subscribed to before me t i~~a1 J Scranton, La~awa~~ ,..--....ission t:xptres APr19'."200s "",,"In.. ~"'l "'_ ,t4,VIlt,.,--,I. ....-.. So Answers: JO~~PU::"::::iff 00/00/0000 SHERIFF'S RETURN - REGULAR CASE NO: 2004-00198 T COMMONWEALTH OF P~NNSYLVANIA: COUNTY OF LACKAWANNA DICKINSON COLLEGE VS YEARING DAVID E. ET AL DON STETS , Deputy Sheriff of Lackawanna County County, pennsylvania, who being duly sworn according to law, says, the within NOTICE AND COMPLAINT was served upon YEARING BRIAN D. the DEFENDANT , at 0012:55 Hour, on the 20th day of April , 2004 at 1004 RICHMONT ST. SCRANTON, PA by handing to DAVID YEARING AT 200 NORTH WASHINGTON AVE. SCRANTON a true and attested copy of NOTICE AND COMPLAINT together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Aft idavi t Surcharge .00 .00 .00 .00 .00 .00 So Answers: John z anski, Sheriff Deputy Sheriff 00/00/0000 Sworn and Subscribe Notary In The Court of Common Pleas of Cumberland County, Pennsylvania Dickinson College VS. David. E. Yearing et al SERVE: David Yearing 04-1458 civil No. Now, April 6, 2004 , I, SHERIFF OF CUMBERLAND COUNTY, P A, do hereby deputize the Sheriff of Lackawanna County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. '~~~4~R Sheriff of Cumberland County, PA Affidavit of SerVice Now, ,20_, at o'clock M. served the within upon at by handing to a copy of the original and made known to the contents thereof. So answers, Sheriff of County, PA Sworn and subscribed before me this_day of ,20_ COSTS SERVICE MILEAGE AFFIDAVIT $ $ In The Court of Common Pleas of Cumberland County, Pennsylvania Dickinson College vs: David E. Yearing et al SERVE: Deborah B. Yearing 04-1458 civil No. Now, April 6, 2004 , I, SHERIFF OF CUMBERLAND COUNTY, P A, do hereby deputize the Sheriff of Lackawanna County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. ~~c:7 ~ /'~' -~.... ... '" -~#"'"-.~,.,.... ~ -'-' ~~~~. ,.4" .,~{;:~~R .-[ .. Sheriff of Cumberland County, PA Affidavit of SerVice Now, ,2D_,at 0' clock M. served the within upon at by handing to a copy of the original and made known to the contents thereof So answers, Sheriff of County, PA Sworn and subscribed before me this_day of ,20_ COSTS SERV1CE MILEAGE AFFIDA VIT $ $ In The Court of Common Pleas of Cumberland County, Pennsylvania Dickinson College VS: David.E. Yearing et al SERVE: Brian D. Yearing 04-1458 civil No. Now, April 6, 2004 , I, SHERIFF OF CUMBERLAND COUNTY, P A, do hereby deputize the Sheriff of Lackawanna County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. ~rp ';" ~/ y"'%"...-':" _ """" ",. ..,# .",...~/" ~~. ~?"'"",$:<:' A'r ..{~../:,..~....-r'!R r ~ "I' ~.~. Sheriff of Cumberland County, PA Affidavit of SerVice Now, ,2D_,at o'clock M. served the within upon at by handing to a copy of the original and made known to the contents thereof. So answers, Sheriff of County, PA Sworn and subscribed before me this _ day of ,20_ COSTS SERVICE MILEAGE AFFIDA VIT $ $ F:\FILES\DA T AF1LE\Dickinson College 7619\DickinsonCollegeCollections7619C\CulTent\ 170_pra2 Created: 9113104 9:04AM Revised: 9/14104 10:36AM 7619Cl70 David R. Galloway, Esquire I. D. Number 87326 Ten East High Street Carlisle, P A 17013 (717) 243-3341 Attorneys for Plaintiff DICKINSON COLLEGE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 04-1458 CIVIL ACTION-LAW DAVID and DEBORAH YEARING, hlw, and BRIAN D. YEARING, Defendant JURY TRIAL OF TWELVE DEMANDED TO: DAVID E. YEARING, DEBORAH YEARING & BRIAN D. YEARING, Defendants PRAECIPE TO THE PROTHONOTARY: Enter default judgment in the above-captioned action in favor of Plaintiff and against Defendants as follows: DAVID E. YEARING and BRIAN D. YEARING: In the amount of$21,021.08, plus interest from March 24,2004, in the amount of$497.64, collection and attorneys' fees in the amount of$2,174.25 for a total of $23,692.97, plus costs of suit and interest accruing hereafter at $2.86 per day for Defendants' failure to file an answer to the Complaint; DEBORAH YEARING: In the amount of$14,162.31, plus interest from March 24, 2004, in the amount of$364.48, collection and attorneys' fees in the amount of$I,454.25 for a total of$15,881.04, plus costs of suit and interest accruing hereafter at $1.52 per day for Defendant's failure to file an answer to the Complaint. I do hereby certify that a written notice of intention to file this Praecipe (in the form attached hereto) was mailed to all Defendants at the address indicated thereon, on August 24, 2004 which date was subsequent to the date default occurred and at least ten (10) days prior to the date of the Praecipe. Dated: September 14, 2004 By Davi R. Galloway, Esquire I. D. Number 87326 Ten East High Street Carlisle, P A 17013 (717) 243-3341 Attorneys for Plaintiff ~ ,.~ ill.. ______J ((d) F. \1'11.ES\DA T Al'lLEID;ckinsc;l1\ ('c'llege 76 1910icki"sonC ulkgcColkcliwns76 I <)CC\lm~nl\ 170 '10131nll11 Created 61l0104 IO:09AM Revis~J 1:\124104 Il.34AM DICKINSON COLLEGE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 04-1458 CIVIL ACTION-LAW DAVID E. & DEBORAH B. YEARING, H/W, & BRIAN D. YEARlNG, Defendants JURY TRIAL OF TWELVE DEMANDED TO: DEBORAH B. YEARING, Defendant IMPORT ANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRlTING 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 HEARlNG AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RlGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 Telephone:(717) 249-3166 MARTSON DEARDW By?(G David R. Galloway, Esquire lD. Number 87326 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: August 24, 2004 Attorneys for Plaintiff "', U,S. POSTAL SERVICE CERTIFICATE OF MAILlNG/.. I' Affix fee he!a in st~mpS _:,.,,( .. Ja:-~er~tageand MAY BE USED FOR DOMESTIC A. ND INTE.RNATIONAL MAil, DOES NOT. ,:r\.,,,:t...,c:f:; ~rt@~~uire of. PROVIDE FOR INSURANCE-POSTMASTER ru.~~~ 'i'o"tmasterforCtlrr~ ~ Roe';"dIlARTSON ~EARDORff WIWAMS & 01T0 ,";..;>~ ;;j~"e\~;'~~~\ TeQ F..... High -et . c" <...,y\...:....'~.'.:..~.,; 1";'<. ,"''Y iJUV .~Irnt,~',{.~.!,: ','t..", Clllislt. PA 11013-303 ld~lJi.;J~:~) \r::I'I!~""'h~ ;'J.' ",\,t,,' . '\ c'" i'l\j~ ;g ,~- ) ~ ,., ',. \'\". l''''i ", --I ..' !. :r-l ,...:> Ill, G> I ' I' m - d i ~. ~ ~_,,_,_.,..~.,J ,~ .,,,,,.'''***''It.,JltJ:. One piece of ordinary mail addressed to: AIr. rsn6.f\.. YC6.V,rl3 I(~ LaYc.h... <;;-{ye.4 ,'-"IN (.--(Jor S'q o-":t-o",, , ,0). / ~ "-01 PS Form 3817, January 2001 ., " ,'!!!bJfe$}lerelnatBmps .J"'~JlOstage ~nd rl!?8t,~ln<luk'eof ,:~aiitSr;for,curTent . '~.;:'..'j ,I', _ ).~I' ";.:.~~'~,C."!~'31 ~~i~";;,:i~~. ~ ~ C.,I'" ~'t[.;t. "-If. 0.', {;~'ll'/Iiji.l Jr.,/ 11/ ~l~ ~ 0 i~iIR ~I :-:-'" IIII ",,"_..J I I ~L~ J-ll~ *.......*ltlf........lt-4':} U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAl MAIL DOES NOT" h r: PROVIDE FOR INSURANCE-POSTMASTER . V'C-Oi R."ived FroMAHlSdll u~uORtt WIUJAMS & UIIU Tin Elst High Strel' Carlisi.. PA 11013-3813 One piecEI of ordinary mail addressed to: ,,11(':,.. Deb OyoJ- ~0Lh~ /011 f- ,(J I J.Jno<< '?:, h e..e)I SC-\r~y-.., fA- 1!?50q PS Form 3817, January 2001 ./ U.S. POSTAL SERVICE CERTIFICATE OF MAILI~~r MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES N PROVIDE FOR INSURANCE-POSTMASTER MAlliSON UWlIORff WI Ten East High Street fI"isll. PA 1101 ],,3193 Received from: . One piece of ordinary mail addressed to: IlAf z\c;.,,'-, <l E Ye.:<%' ~ ) c "cf t€1c..0rVF,\,r '7h' ce')- Su~,....., Pk I ~5'(Jq PS Form 3817, January 2001 CERTIFICATE OF SERVICE I, Jean Taylor, an authorized agent of Marts on Deardorff Williams & Otto, hereby certify that a copy of the foregoing Praecipe was served this date by depositing same in the Post Office at Carlisle, P A, first class mail, postage prepaid, addressed as follows: Mr. Brian D. Yearing 113 Larch Street, 2nd Floor Scranton,PA 18509-1724 Mr. David E. Yearing 1004 Richmond Street Scranton, P A 18509-1724 Ms. Deborah Yearing 1004 Richmond Street Scranton, PA 18509-1724 M.~ON DEARDO.RF. F 1LI~S & OTTO / ~/' I '--I B Taylor T ..3ast High Street Carlisle, P A 17013 (717) 243-3341 Dated: September 14, 2004 t 1- ~ ~ - () ~ ~ (;:; ff:J (It "" r ~ ~ ~ ~ - --- K~~ '- ~ C0 D- C o --....J "" , --) '.::: <'') ..! (}-; (, , F:IFlLESIDA T AFlLE\DickinsonCollege7619ICollectioru;\Current\ 1701 170 pra5\mam Cleated <:}!\3iQ49:04AM Revised: 4/15/05 332PM 7619Cl70 . David R. Galloway, Esquire 1. D. Number 87326 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff DICKINSON COLLEGE, Plaintiff v. DAVID and DEBORAH YEARING, hlw, and BRIAN D. YEARING, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-1458 CNIL ACTION-LAW JURY TRIAL OF TWELVE DEMANDED PRAECIPE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please mark the judgment in the above-captioned case satisfied and issue a certificate reflecting the same. Dated: April 25, 2005 F WILLIAMS & OTTO By David R. Gallow ,Es 1. D. Number 87326 Ten East High Street Carlisle, P A 17013 (717) 243-3341 Attorneys for Plaintiff CERTIFICATE OF SERVICE I, Melissa A. Mowery, an authorized agent of Martson Deardorff Williams & Otto, hereby certify that a copy of the foregoing Praecipe was served this date by depositing same in the Post Office at Carlisle, P A, first class mail, postage prepaid, addressed as follows: Mr. Brian D. Yearing 113 Larch Street, 2nd Floor Scranton, PA 18509-1724 Mr. and Mrs. David E. Yearing 1004 Richmond Street Scranton, P A 18509-1724 MARTSON DEARDORFF WILLIAMS & OTTO (N~ 0- . C l By \ \\ J t!YY'-... A1Yl(\ \.J-PA--i \ Melissa A. Mowery I /) Ten East High Street C Carlisle, P A 17013 (717) 243-3341 Dated: April 25, 2005 ----------- :-.;~ .... ," :-.) c,: I...... f.il GC -