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HomeMy WebLinkAbout05-0758F\FILES\DATARLE\DickinsonCollege)619\Collectiora\Cur t\207som2-wpddrg Created 8/13/03 8:41AM Revised 2/10105 11 WAM 9500 20] David R. Galloway, Esquire MARTSON DEARDORFF WILLIAMS & OTTO Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff DICKINSON COLLEGE, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA ca - V. NO. 0S - ^/-0 ?i v? ! ? ?1 CIVIL ACTION-LAW l FELIX A. ROY, MARYANNE ROY & KEVIN F. ROY, 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 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 MARTSON Dated: February 10, 2005 By David R. Galloway, E: I. D. Number 87326 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff WILLIAMS & OTTO David R. Galloway, Esquire MARTSON DEARDORFF WILLIAMS & OTTO Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff DICKINSON COLLEGE, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. CIVIL ACTION-LAW FELIX A. ROY, MARYANNE ROY & KEVIN F. ROY, Defendants JURY TRIAL OF TWELVE DEMANDED COMPLAINT AND NOW, comes Plaintiff Dickinson College by and through its attorneys, MARTSON DEARDORFF WILLIAMS & OTTO, and hereby avers as follows: 1. Plaintiff Dickinson College is a Pennsylvania educational institution and nonprofit corporation with its principle place of business at West Street, Post Office Box 1773, Carlisle, Cumberland County, Pennsylvania 17013 2. Defendants, Felix A. Roy and MaryAnne Roy (hereinafter "Parents") are adult individuals residing as husband and wife with a last known address of 13 Clamer Avenue, Montgomery County, Collegeville, PA 19426. 3. Defendant, Kevin F. Roy (hereinafter "Student'), is an adult individual with a last known address of 1009 Roundbay Road, Crownsville, Maryland 21032-2105. 4. On or about August 24, 1992, Parents and Student entered into a Promissory Note (Note #1) with Plaintiff for the financing of $8,400.00, plus interest, for education services and benefits to Student at Plaintiff s institution. A copy of Note #1 is attached hereto as Exhibit "A." 5. On or about November 11, 1993, Parents and Student entered into an additional PromissoryNote (Note #2) with Plaintiff for the financing of $6,841.00, plus interest, for educational services and benefits to Student at Plaintiffs institution. A copy of Note #2 is attached hereto as Exhibit "B." 6. On or about October 4, 1995, Parents and Student entered into an additional Promissory Note (Note #3) with Plaintiff for the financing of $4,500.00, 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 December 12, 1995, Parents and Student entered into an additional PromissoryNote (Note 94) with Plaintiff for the financing of $4,500.00, plus interest, for educational services and benefits to Student at Plaintiffs institution. A copy of Note #4 is attached hereto as Exhibit "D." 8. The collective principal balance for Note #1, Note #2, Note #3 and Note #4 is $24,241.00. 9. Note #1, Note #2, Note #3 and Note #4 grant Plaintiff reasonable collection and attorneys' fees which Plaintiff has calculated to be $3,636.15. 10. As of January 31, 2005, the principal and interest due and payable by Parents and Student to Plaintiff was $36,250.48, plus interest in the amount of $3.25 per day from January 31, 2005. 11. On or about November 1, 2003, Parents and Student re-affirmed their obligation to Dickinson by promising to make monthly payments until the debt to Dickinson was satisfied. A copy of the re-affirmation document is attached hereto as Exhibit "E." 12. Parents and Student have not made a payment to Dickinson since July 31, 2004. 13. As of January 31, 2005, the outstanding balance of $36,250.48 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 ofNote #1, Note #2, Note #3 and Note #4. COUNTI BREACH OF CONTRACT Dickinson College v. Felix A. Roy, MaryAnne Roy and Kevin F. Roy 15. Plaintiff hereby incorporates by reference the averments contained in Paragraphs 1 through 14 of this Complaint. 16. Parents and Student breached the expressed and implied obligations, conditions and terms of agreement of Note 41, Note #2, Note #3 and Note #4 by failing to pay the amounts financed therein. WHEREFORE, Plaintiff demands judgment against Parents and Student in the amount of $36,250.48, plus interest in the amount of $3.25 per day from January 31, 2005, collection and attorneys' fees in the amount of $3,636.15 and costs of suit. COUNT II IN QUANTUM MERUIT Dickinson College v. Kevin F. Roy 17. Plaintiff hereby 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 $36,250.48, plus interest in the amount of $3.25 per day from January 31, 2005. WHEREFORE, Plaintiff demands judgment against Student in the amount of $36,250.48, plus interest in the amount of $3.25 per day from January 31, 2005, collection and attorneys' fees in the amount of $3,636.15 and costs of suit. MARTSON DEARDORFF WILLIAMS & OTTO By David R. Gallo I.D. No. 87326 Ten East High Street Carlisle, PA 17013-3093 (717) 243-3341 Date: February 10, 2005 Attorneys for Plaintiff DICKINSON COLLEGE FLEXIBLE FINANCING SYSTEM - PLAN B EDUCATIONAL GOODS AND SERVICES RETAIL INSTALLMENT CONTRACT Date August 24, 1992 I. Seller: Dickinson College, Carlisle, Pennsylvania 17013-2896 Buyer(s): F fix A. and MaryAnne Roy 13 Clamer Avenue 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 Kevin F. RoY (hereinafter "Student") during his/her enrollment at Dickinson College during the 1992-93 academic year, including tuition, room and board, books and supplies as herein state (hereinafter the "Goods and Services"). The Goode and Services shall include only tuition, room and board. II. TERMS OF PAYMENT AND PAYMENT SCHEDULE Disclosures Required by Federal Law ANNUAL PERCENTAGE RATE:* cost of credit as yearly rate FINANCE CHARGE: Dollar amount credit will cost Buyer AMOUNT FINANCED: Amount of credit provided by Dickinson College TOTAL OF PAYMENTS: Amount paid by Buyer as total of all scheduled payments TOTAL SALE PRICE: Total cost of purchase on credit, in- cluding down payment of 512,960.00 7.50 a 54,671.11 58,400.00 $ 13,071.11 521,360.00 Rev 2/92 EXHIBIT "A" Buyer's payment schedule will be as follows: Number of Payments Amount of Payments When Payments are Due 153 $85.43 Monthly commencing 9-28-92 until 5-28-05 *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 $ 8,400.00 at 7.50 % per annum for 153 months, and the prime rate plus 18 were increased to 8.50 your regular monthly payments would increase to $ 2 Further, 1 - the ANNUAL PERCENTAGE RATE will not increase to mre than 8% or such o 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 58 of the late payment (but no more than $2.50 and not less than $1.00) may be charged. Prepayment: Buyer may prepay the unpaid balance of the Amount Financed and any FINANCE CHARGE due through the date of early payment, in full or in part, without penalty. SEE SECTION VI OF THE CONTRACT BELOW FOR ANY ADDITIONAL INFORMATION ABOUT NON-PAYMENT, DEFAULT AND REQUIRED REPAYMENT BEFORE THE SCHEDULED DATE FOR REPAYMENT OF THE AMOUNT FINANCED. III. ITEMIZATION OF AMOUNT FINANCED 1. Cash price of Goode and Services: $ 21,360.00 2. Total down payment: 12.960.00 3. Unpaid balance of cash price (1 - 2): 8,400.00 4. Amount paid to others on Buyer's behalf: 0 5. Amount Financed (3 + 4): $ 8,400.00 2 IV. CREDIT INSURANCE Credit life insurance for the term of this Contract is not required. V. NO WARRANTIES THERE ARE NO WARRANTIES, EITHER EXPRESSED OR IMPLIED, GIVEN BY SELLER IN CONNECTION WITH SALE OF THE GOODS AND SERVICES COVERED BY THIS CONTRACT UNLESS BUYER HAS BEEN GIVEN A SEPARATE WRITTEN WARRANTY. VI. ADDITIONAL PROVISIONS 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 First Wachovia, Inc. at the following address: First Wachovia, Inc. P.O. Box 70095 Charlotte, NC 28272-0095 2. Buyer's legal rights include the right to pay all or part of the amounts due on this Contract in advance of their due dates, to obtain a refund or credit of unearned Finance Charge whenever the amount-is paid in full in advance, and (with Seller's consent) to reinstate the Contract if Buyer timely cures any default. 3. Buyer shall be deemed to have committed an "Event of Default" of the Contract upon the occurrence of any of the following: (a) failure to make any payment on or before the date it is due, (b) failure to make a payment on any other Contract outstanding with Seller, (c) failure to perform any other provision of the Contract, (d) providing Seller with false information or signatures, (e) death, incompetence, or conviction of any Buyer of crime involving fraud or dishonesty, (f) insolvency or bankruptcy of any Buyer. 4. Upon or after the occurrence of any Event of Default, Seller will provide Buyer with notice, by certified mail as required by law, addressed to Buyer's last known address as shown on Seller's records, advising Buyer of the default and of Buyer's right to cure the default. The notice will provide the time, amount and performance necessary to cure the default. If Buyer does not cure the default as provided in the notice, Seller's rights shall include the right to declare all sums due on the Contract to be immediately due and payable. The Buyer agrees to pay all attorney's fees and other reasonable collection costs and charges necessary for the collection of any amount not paid when due. 5. Waiver by Seller of any Event of Default shall not be binding upon Seller if Seller should thereafter choose to exercise that or any other right or a similar Event of Default occurs later. All Seller's rights and remedies shall be cumulative. Seller's exercise of one or more rights shall not cause Seller to lose any other rights. 6. This Contract is freely assignable by Seller. Buyer agrees that upon receiving notice of the assignment Buyer shall be obligated to the Assignee of this Contract, which Assignee shall have all of Seller's 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. B. 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 CONSENT Tn .am TSDICTION, 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 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 BUYER(S): I AGREE TO REPAY ALL AMOUNTS DUE ON THIS LOAN IF THE BORROWER(S)/BUYER(S) FAILS TO DO SO IN ACCORDANCE WITH THE TERMS OF THE NOTE: 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 CO`)LLLLEGE_ -Z ?-b BY DICKINSON COLLEGE FLEXIBLE FINANCING SYSTEM - PLAN B EDUCATIONAL GOODS AND SERVICES RETAIL INSTALLMENT CONTRACT Date November 11, 1993 I. Seller: Dickinson College, Carlisle, Pennsylvania 17013-2896 Buyer(s): Felix A. and MaryAnne Roy 13 Clamer Avenue Collegeville, PA 19426 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 Kevin F. Roy (hereinafter "Student") during his/her enrollment at Dickinson College during the 1993-91 academic year, including tuition, room and board, books and supplies as herein statecT'- (hereinafter the "Goods and Services"). The Goode and services shall include only tuition, room and board. II. TERMS OF PAYMENT AND PAYMENT SCHEDULE Disclosures Required by Federal Law ANNUAL PERCENTAGE FINANCE CHARGE: AMOUNT FINANCED: TOTAL OF PAYMENTS: TOTAL SALE RATE:* Cost of credit as yearly rate Dollar amount credit will cost Buyer Amount of credit provided by Dickinson College Amount paid by Buyer as total of all scheduled PRICE: Total cost of purchase on payments credit, in- cluding down payment of $ 15,749.00 7.00 a $ 3,137.78 $ 6,841.00 $ 9,978.78 $ 22,590.00 Rev 2/92 EXHIBIT "B" Buyer's payment schedule will be as follows: Number of Payments Amount of Payments When Payments are Due 138 $72.31 Monthly commencing 11128193 until 5/28/05 *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 18. 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 $ 6,841.00 at7.00 8 per annum for 138 months, and the prime rate plus 18 were increased to8.00 $, your regular monthly payments would increase to g5,9$ 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 58 of the late payment (but no more than $2.50 and not less than $1.00) may be charged. Prepayment: Buyer may prepay the unpaid balance of the Amount Financed and any FINANCE CHARGE due through the date of early payment, in full or in part, without penalty. SEE SECTION VI OF THE CONTRACT BELOW FOR ANY ADDITIONAL INFORMATION ABOUT NON-PAYMENT, DEFAULT AND REQUIRED REPAYMENT BEFORE THE SCHEDULED DATE FOR REPAYMENT OF THE AMOUNT FINANCED. III. ITEMIZATION OF AMOUNT FINANCED 1. Cash price of Goods and Services: 2. Total down payment: 3. Unpaid balance of cash price (1 - 2): 4. Amount paid to others on Buyer's behalf: 5. Amount Financed (3 + 4): $ 22,590.00 15,749.00 6,841.00 $ 6,841.00 2 IV. CREDIT INSURANCE Credit life insurance for the term of this Contract is not required. V. NO WARRANTIES THERE ARE NO WARRANTIES, EITHER EXPRESSED OR IMPLIED, GIVEN BY SELLER IN CONNECTION WITH SALE OF THE GOODS AND SERVICES COVERED BY THIS CONTRACT UNLESS BUYER HAS BEEN GIVEN A SEPARATE WRITTEN WARRANTY. VI. ADDITIONAL PROVISIONS 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 First Wachovia, Inc. at the following address: First Wachovia, Inc. P.O. Box 70095 Charlotte, NC 28272-0095 2. Buyer's legal rights include the right to pay all or part of the amounts due on this Contract in advance of their due dates, to obtain a refund or credit of unearned Finance Charge whenever the amount is paid in full in advance, and (with Seller's consent) to reinstate the Contract if Buyer timely cures any default. 3. Buyer shall be deemed to have committed an "Event of Default" of the Contract upon the occurrence of any of the following: (a) failure to make any payment on or before the date it is due, (b) failure to make a payment on any other Contract outstanding with Seller, (c) failure to perform any other provision of the Contract, (d) providing Seller with false information or signatures, (e) death, incompetence, or conviction of any Buyer of crime involving fraud or dishonesty, (f) insolvency or bankruptcy of any Buyer. 4. Upon or after the occurrence of any Event of Default, Seller will provide Buyer with notice, by certified mail as required by law, addressed to Buyer's last known address as shown on Seller's records, advising Buyer of the default and of Buyer's right to cure the default. The notice will provide the time, amount and performance necessary to cure the default. If Buyer does not cure the default as provided in the notice, Seller's rights shall include the right to declare all sums due on the Contract to be immediately due and payable. The Buyer agrees to pay all attorney's fees and other reasonable collection costs and charges necessary for the collection of any amount not paid when due. 5. Waiver by Seller of any Event of Default shall not be binding upon Seller if Seller should thereafter choose to exercise that or any other right or a similar Event of Default occurs later. All Seller's rights and remedies shall be. cumulative. Seller's exercise of one or more rights shall not cause Seller to lose any other rights. 6. This Contract is freely assignable by Seller. Buyer agrees that upon receiving notice of the assignment Buyer shall be obligated to the Assignee of this Contract, which Assignee shall have all of Seller's 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. 3 9. CONSENT TO JURISDICTION, VENUE AND SERVICE: The parties to this Agreement consent and agree that all legal proceedings relating to the subject matter hereof shall be maintained in the Court of Common Pleas of Cumberland County, Pennsylvania, or, if applicable, the United States District Court of the Middle District of Pennsylvania, and all parties hereto consent and agree that jurisdiction and venue for such proceedings shall lie exclusively within said court. Service of process in any such proceeding may be made by certified mail, return receipt requested, directed to the respective party at the address set forth above. 10. This Contract shall be binding upon the parties hereto, their heirs, successors, assigns and legal representatives. 11. TIME IS OF THE ESSENCE OF THIS CONTRACT. NOTICE: ANY HOLDER OF THIS CONSUMER CREDIT CONTRACT IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH THE DEBTOR COULD ASSERT AGAINST THE SELLER OF GOODS OR SERVICES OBTAINED PURSUANT HERETO OR WITH THE PROCEEDS HEREOF. RECOVERY HEREUNDER BY THE DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR HEREUNDER. NOTICE TO BUYER: (1) DO NOT SIGN THIS AGREEMENT BEFORE YOU READ IT OR IF IT CONTAINS ANY BLANK SPACE. (2) YOU ARE ENTITLED TO A COMPLETELY FILLED-IN COPY OF THIS AGREEMENT. (3) UNDER THE LAW, YOU HAVE THE RIGHT TO PAY OFF IN ADVANCE THE FULL AMOUNT DUE AND UNDER CERTAIN CONDITIONS TO OBTAIN A PARTIAL REFUND OF THE FINANCE CHARGE. BUYER(S) ACKNOWLEDGE(S) REPEIVING A COMPLETED COPY OF THIS CONTRACT AND INTEND(S) TO BE LEGALLY BOUND BY IT$,TERMS,., BUYER(S): I AGREE TO REPAY ALL AMOUNTS DUE ON THIS LOAN IF THE BORROWER(S)/BUYER(S) FAILS TO DO SO IN ACCORDANCE WITH THE TERMS OF THE rrNOTE: STUDENT COSIGNER TRANSCRIPT OF A STUDENT'S'AECORD WILL NOT BE RELEASED IF LOAN PAYMENTS TO THE COLLEGE ARE IN ARREARS OR DEFAULT. DATE: DICKINSON COLLEGE BY ay Q-1 4 DICKINSON COLLEGE FLEXIBLE FINANCING SYSTEM - PLAN B EDUCATIONAL GOODS AND SERVICES RETAIL INSTALLMENT CONTRACT October 4, 1995 I. Seller: Dickinson College, Carlisle, Pennsylvania 17013-2896 Buyer(s): Felix A. & Mary Anne Roy 13 Clamer Ave. Collegeville, PA 19426 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 Kevin Roy (hereinafter "Student") during his/her enrollment at Dickinson College during the 1995-1996 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 FINANCE CHARGE: AMOUNT FINANCED: TOTAL OF TOTAL SALE RATE:* Dollar amount Amount of credit PAYMENTS: PRICE: Cost of credit as credit will provided by Amount paid by Total cost of yearly rate cost buyer Dickinson College Buyer as total of purchase on all scheduled credit, including payments down payment of $ 20,370.00 10.00 8 $ 2,537.72 $ 4,500.00 $ 7,037.72 $ 24,870.00 Rev 2/92 EXHIBIT "C" Roy Buyer's payment schedule will be as follows: Number of Payments Amount of Payments When Payments are Due 116.00 $ 60.67 Monthly commencing 09/28/95 until 05/28/05 *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 18. 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 $4,500.00 at 10.00% per annum for 116.00 months and the prime rate plus 18 were increased to 11.008, your regular monthly payments would increase to $63.17. Further, the ANNUAL PERCENTAGE RATE will not increase to more than 188 or such other rate as may be permitted under the Pennsylvania Goode and Services Installment Sales Act. Late Charge: If a payment is more than 15 days late, a sum equivalent to 58 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. III. ITEMIZATION OF AMOUNT FINANCED 1. Cash price of Goods and Services: $ 24,870.00 2. Total down payment: 20,370.00 3. Unpaid balance of cash price (1 - 2): 4,500.00 4. Amount paid to others on Buyer's behalf: - 0 - 5. Amount Financed (3 + 4): $ 4,500.00 2 IV. CREDIT INSURANCE Credit life insurance for the term of this Contract is not required. V. NO WARRANTIES THERE ARE NO WARRANTIES, EITHER EXPRESSED OR IMPLIED, GIVEN BY SELLER IN CONNECTION WITH SALE OF THE GOODS AND SERVICES COVERED BY THIS CONTRACT UNLESS BUYER HAS BEEN GIVEN A SEPARATE WRITTEN WARRANTY. VI. ADDITIONAL PROVISIONS 1. Buyer agrees to pay Seller the Total Sale Price by making the total down payment and paying Seller the Total of Payments in the number and amount of monthly payments shown in the Payment Schedule. Payments are due on or before the same date of each month as the first payment date. Payments must be made to Eduserv Technologies, Inc. at the following address: Eduserv Technologies, Inc. P.O. Box 64974 St. Paul, MN 55164-0974 2. Buyer's legal rights include the right to pay all or part of the amounts due on this contract in advance of their due dates, to obtain a refund or credit of unearned Finance Charge whenever the amount is paid in full in advance, and (with Seller's consent) to reinstate the Contract if Buyer timely curse any default. 3. Buyer shall be deemed to have committed an "Event of Default" of the Contract upon the occurrence of any of the following: (a) - failure to make any payment on or before the date it is due, (b) failure to make a payment on any other Contract outstanding with Seller, (c) failure to perform any other provision of the Contract, (d) providing Seller with false information or signatures, (e) death, incompetence, or conviction of any Buyer of crime involving fraud or dishonesty, (f) insolvency or bankruptcy of any Buyer. 4. Upon or after the occurrence of any Event of Default, Seller will provide Buyer with notice, by certified mail as required by law, addressed to Buyer's last known address as shown on Seller's records, advising Buyer of the default and of Buyer's right to cure the default. The notice will provide the time, amount and performance necessary to cure the default. If Buyer does not cure the default as provided in the notice, Seller's rights shall include the right to declare all sums due on the Contract to be immediately due and payable. The Buyer agrees to pay all attorney's fees and other reasonable collection costs and charges necessary for the collection of any amount not paid when due. 5. Waiver by Seller of any Event of Default shall not be binding upon Seller if Seller should thereafter choose to exercise that or any other right or a similar Event of Default occurs later. All Seller's rights and remedies shall be cumulative. Seller's exercise of one or more rights shall not cause Seller to lose any other rights. 6. This Contract is freely assignable by Seller. Buyer agrees that upon receiving notice of the assignment Buyer shall be obligated to the Assignee of this Contract, which Assignee shall have all of Seller's 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. B. 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 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 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 TS TE S. BUYER(S): 11 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 V TE: 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 December 12, 1995 1. Seller: Dickinson College, Carlisle, Pennsylvania 17013-2896 Buyer(s): Felix A. & Mary Anne Roy 13 Clamer Ave. Collegeville, PA 19426 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 Goode 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 Kevin Roy (hereinafter "Student") during his/her enrollment at Dickinson College during the 1995-1996 academic year, including tuition, room and board, books and supplies as herein stated (hereinafter the "Goode and Services"). The Goode and Services shall include only tuition, room and board. II. TERMS OF PAYMENT AND PAYMENT SCHEDULE Disclosures Required by Federal Law ANNUAL PERCENTAGE - RATE:* Cost of credit as yearly rate FINANCE CHARGE: Dollar amount credit will cost buyer AMOUNT FINANCED: Amount of credit provided by Dickinson College TOTAL OF PAYMENTS: Amount paid by Buyer as total of all scheduled payments TOTAL SALE PRICE: Total cost of purchase on credit, including down payment of $ 20,370.00 10.00 8 $ 2,439.52 $ 4,500.00 $ 6,939.52 24,870.00 2 EXHIBIT "D" Rev 2/92 Ro• Buyer's payment schedule will be as follows: Number of Payments Amount of Payments When Payments are Due 112 $ 61.96 Monthly commencing 1/28/96 until 05/28/05 *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 18. 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 $4,500.00 at 10.008 per annum for 112 months and the prime rate plus 1% were increased to 11.008, your regular monthly payments would increase to $64.44. Further, the ANNUAL PERCENTAGE RATE will not increase to more than 186 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 lees than $1.00) may be charged. Prepayment: Buyer may prepay the unpaid balance of the Amount Financed and any FINANCE CHARGE due through the date of early payment, in full or in part, without penalty. SEE SECTION VI OF THE CONTRACT BELOW FOR ANY ADDITIONAL INFORMATION ABOUT NON-PAYMENT, DEFAULT ANr REQUIRED REPAYMENT BEFORE THE SCHEDULED DATE FOR REPAYMENT OF THE AMOUNT FINANCED. III. ITEMIZATION OF AMOUNT FINANCED 1. Cash price of Goode and Services: $ 24,870.00 2. Total down payment: 20,370.00 3. Unpaid balance of cash price (1 - 2): 4,500.00 4. Amount paid to others on Buyer's behalf: - 0 - 5. Amount Financed (3 + 4): $ 4,500.00 2 IV. CREDIT INSURANCE Credit life insurance for the term of this Contract is not required. V. NO WARRANTIES THERE ARE NO WARRANTIES, EITHER EXPRESSED OR IMPLIED, GIVEN BY SELLER IN CONNECTION WITH SALE OF THE GOODS AND SERVICES COVERED BY THIS CONTRACT UNLESS BUYER HAS BEEN GIVEN A SEPARATE WRITTEN WARRANTY. VI. ADDITIONAL PROVISIONS 1. Buyer agrees to pay Seller the Total Sale Price by making the total down payment and paying Seller the Total of Payments in the number and amount of monthly payments shown in the Payment Schedule. Payments are due on or before the same date of each month as the first payment date. Payments must be made to Eduserv Technologies, Inc. at the following address: Eduserv Technologies, Inc. P.O. Box 64974 St. Paul, MN 55164-0974 2. Buyer's legal rights include the right to pay all or part of the amounts due on this contract in advance of their due dates, to obtain a refund or credit of unearned Finance Charge whenever the amount is paid in full in advance, and (with Seller's consent) to reinstate the Contract if Buyer timely cures any default. 3. Buyer shall be deemed to have committed an -Event of Default" of the Contract upon the occurrence of any of the following: (a) failure to make any payment on or before the date it is due, (b) failure to make a payment on any other Contract outstanding with Seller, (c) failure to perform any other provision of the Contract, (d) providing Seller with false information or signatures, (e) death, incompetence, or conviction of any Buyer of crime involving fraud or dishonesty, (f) insolvency or bankruptcy of any Buyer. 4. Upon or after the occurrence of any Event of Default, Seller will provide Buyer with notice, by certified mail as required by law, addressed to Buyer's last known address as shown cn Seller's records, advising Buyer of the default and of Buyer's right to cure the default. The notice will provide the time, amount and performance necessary to cure the default. If Buyer does not cure the default as provided in the notice, Seller's rights shall include the right to declare all sums due on the Contract to be immediately due and payable. The Buyer agrees to pay all attorney's fees and other reasonable collection costs and charges necessary for the collection of any amount not paid when due. 5. Waiver by Seller of any Event of Default shall not be binding upon Seller if Seller should thereafter choose to exercise that or any other right or a similar Event of Default occurs later. All Seller's rights and remedies shall be cumulative. Seller's exercise of one or more rights shall not cause Seller to lose any other rights. 6. This Contract is freely assignable by Seller. Buyer agrees that upon receiving notice of the assignment Buyer shall be obligated to the Assignee of this 3 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. 8. APPL•ICAHLE LAW; This Agreement, whenever called upon to be construed, shall be governed by the domestic internal laws of the Commonwealth of Pennsylvania except to the extent supplemented, superseded or preempted by federal law. 9. CONSENT TO JURISDICTION, VENUE AND SERVICE: The parties to this Agreement consent and agree that all legal proceedings relating to the subject matter hereof shall be maintained in the Court of Common Pleas of Cumberland County, Pennsylvania, or, if applicable, the United States District Court of the Middle District of Pennsylvania, and all parties hereto consent and agree that jurisdiction and venue for such proceedings shall lie exclusively within said court. Service of process in any such proceeding may be made by certified mail, return receipt 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) ACKNOWLEDGE(S) RECE ING A CF THIS CONTRACT AND INTEND(S) TO BE LEGALLY BOUN 77?7` BUYER(S): GREE TO REPAY ALL AMOUNTS DUE ON THIS LOAN IF THE BORROWER(S)/BUYER(S) FAILS I A TO DO SO IN ACCORDANCE WITH HE TERMS OW YnOTE: 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:. 4 VIAIZ'I'SON DI ARDORFF WILLIAMS d M 1O MR O iNFORMATTEN EAST HIGH STREET CARLISLE, PENNSYLVANIA 17013 TELEPHONE (717) 243-3341 FACSIMILE (717) 243-1850 INTERNET wwWmdwo.com October 23. 2003 VIA CERTIFIED MAIL RESTRICTED DELIVERY RETURN RECEIPT REQUESTED Mr. and Mrs. Felix A. Roy Mr. Kevin F. Roy 13 Clamer Avenue Collegeville, PA 19426 ATll?l<Af v? & CuLIN?nlops ..-?r Law WILLIAM F NkIrF,ON 10HN 11FOWLER 111 EDWARD L. SCHORPI' DANIEL K. DEARDORFF THOMAS]. WILLIAMS' IVO V. OTTO In GF.o Rc,F B. FALLER IR.' CARL C. RISCH DAVID R. GALLOWAY ANTHONYT. LUCIDO 'BOARD CERTIFIED CIVIL 'r RIP.L SF[CIAI DT RE: Dickinson College v. Felix A. Roy, MaryAnne Roy and Kevin F. Roy No. 03-4911-Cumberland County C.C.P. Our File No. 7619C.207 Dear Mr and Mrs. Roy and Kevin: As you know, we represent Dickinson College, (hereinafter "Dickinson"), to whom as of the date of this letter, you are indebted the sum of $37,618.78. We thank you for contacting our office on September 30, 2003, with your proposed payment plan. We write to memorialize more specific payment terms. As you can see, 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 August 24, 1992 which was not included in the Complaint. As a result, Dickinson proposes the following terms of repayment and requests you to re-affirm your obligation to Dickinson. Commencing November 15, 2003, you agree to pay Dickinson $750.00 per month for four months. Commencing March 15, 2004, you agree to pay Dickinson $200.00 per month until the debt is satisfied. All payments shall be made on or before the fifteenth day of each month and will be credited to the unpaid balance of the debt. Each payment should be mailed to MDW&O, Attn: David R. Galloway, Ten East High Street, Carlisle, PA 17013 and checks should be made payable to "MDW&O." 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. Following your initial four payments of $750.00, you may elect to have the remaining payments automatically withdrawn from your bank account. To have payments automatically withdrawn from your bank account, please complete the enclosed AMS form and return it to us in the envelope we enclose for your convenience. EXHIBIT "E" IN FORMATION ADVICE • ADVOCACY" Mr. and Mrs. Felix A. Roy Mr. Kevin F. Roy October 23, 2003 Page 2 If you agree to the re-payment terms and to re-affirm your obligation created by the notes attached to the Complaint and the notes attached to this letter, please sign this letter where indicated and return it to us in the envelope we enclose for your convenience. We enclose a marked copy of this letter for your file. If we receive an executed copy of this letter by November 15, 2003, along with your first payment, Dickinson will withdraw the present action docketed at 03-4911 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 w li be usad for that purpose. Very truly yours, ARISON J, Kk WILLIAMS & OTTO i Ha'?itl-? al DRG/nlm Enclosures cc: Ms. Sally Heckendorn (via e-mail) I, Felix A. Roy, intending to be legally bound hereby, re-affirm the debt, under seal, owed to ioD,College and agree to the terms and conditions of this payment agreement. 11 03 Dated' I, Maryanne Roy, intending to be legally bound hereby, re-affirm the debt, under seal, owed to Dickinson College and agree to the terms and conditions of this payment agreement. (SEAL) (t ( 0 -? Mafya4ne Roy Dated I, Kevin F. Roy, intending to be legally bound hereby, re-affirm the debt, under seal, owed to Dickinson College and agree to the terms and conditions of this payment agreement. (SEAL) /r o Kevin F. Roy Date F' 81LES\DATAFILE\Dickinson College 7619\DickinwnCollegdolleclions7619C\Lettm\207 fr1 INFORMATION • ADVICE • ADVOCACY"1 VERIFICATION I, THOMAS MEYER, Bursar of Dickinson College, acknowledge that I have the authority to execute this Verification on behalf of Dickinson College and certify that the foregoing Complaint is based upon information which has been gathered by my counsel in the preparation of this lawsuit. The language of this Complaint is that of counsel and not my own. I have read the document and to the extent that this Complaint is based upon information which I have given to my counsel, it is true and correct and to the best of my knowledge, information and belief. To the extent that the content of this Complaint is that of counsel, I have relied upon counsel in making this Verification. This statement and Verification are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities, which provides that if I knowingly make false averments, I maybe subject to criminal penalties. Dickinson College e-n Thomas Meyer Bursar Dated: FIFILESICATAFILEICicknsonCollege76191Colle onsICurren11207som2.wpd U'2 Vi G ?`0 ? SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2005-00758 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DICKINSON COLLEGE VS ROY FELIX A ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who duly sworn according to law, says, that he made a diligent and inquiry for the within named DEFENDANT , to wit: ROY FELIX A but was unable to locate Him in his bailiwick. He there deputized the sheriff of MONTGOMERY County, Pennsyl serve the within COMPLAINT & NOTICE On March 1st , 2005 , attached return from MONTGOMERY Sheriff's Costs: Docketing 18.00 Out of County 9.00 Surcharge 10.00 Postage .37 Dep Montgomery Co 49.00 86.37 03/01/2005 MDW&O is office was in receipt of So answers: R'. Thoma`ar Xilrie Sheriff of Cumberland County Sworn and subscribed to before me this 7 day of A . D. Proth notai being and a, to SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2005-00758 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DICKINSON COLLEGE VS ROY FELIX A ET AL R. Thomas Kline Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent sea ch and and inquiry for the within named DEFENDANT to wit: ROY MARYANNE ` but was unable to locate Her in his bailiwick. He therefo e deputized the sheriff of MONTGOMERY County, Pennsylvani to serve the within COMPLAINT & NOTICE On March 1st , 2005 , this ottice was attached return from MONTGOMERY Sheriff's Costs: Docketing 6.00 Out of County .00 Surcharge 10.00 .00 .00 16.00 03/01/2005 MDW&O So answers receipt of t Sheriff of Cumberland County Sworn and subscribed to before me this _ day of i A.D. Protho otary Iii The Court of Common Pleas of Cumberland County, Pei Dickinson College vs. Felix A. Roy et al SERVE: Felix A. Roy No. 05-758 civil Now, February 14, 2005 I, SHERIFF OF CUMBERLAND COUNTY PA, do hereby deputize the Sheriff of Montgomery County to execute this rit this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA Affidavit of Service Now,. within upon at 20l, at o'clock M. d the by handing to a and made known to So answers, the contents thereof. Sheriff of County, P. Sworn and subscribed before me this ` day of 20 copy of the original COSTS SERVICE $ MILEAGE AFFIDAVIT SHERIFF'S RETURN PROTHONOTARY B-667 DEFENDANT: Felix A. Roy, MaryAnne Roy DOCUMENT SERVED: Civil INDIVIDUAL SERVED: Felix A. Roy RELATIONSHIP TO DEFENDANT: Defendant, Person In Charge DATE AND PREVAILING TIME: Feb. 18, 2005 @ 4:00 LOCATION: Montgomery County Sheriffs Office, Norristown, P '7& a4" daer oisw raao "uwd ok eAe dedeada+st as tbas 44wu s ,0* hated 444 Gs t4i &" 4 q moafgorx" , earrsNS~ea,Ctk a? Pcacnog[ua+cla. A#&msed "d "44%e4d 4jau Nce ow d& day as aaaraaw. Feb. 22, 2045 fd* ;D• r otarv Public Sheriff of Montgomery County Lind ? Deputy Sheriff Lt. Machalette NOTARIAL SEAL PATRICIA A GIAMBRONE Notary Public NORRISTOWN BOROUGR,MONTGOMERY COUNTY My Commission Expires Dec 13, 2008 R. THOMAS KLINE Sheriff EDWARD L. SCHORPP Solicitor ????t'E af. ?urn?ert??r! Ts 1141, OFFICE OF THE SHERIFF One Courthouse Square Carlisle, Pennsylvania 17013 Dickinson College T0: Hon. John Durante RE: VS Montgomery County Sheriff Felix A. Roy et al 05-758 civil Dear Sheriff: Enclosed please find Notice and Complaint 1: Felix A. Roy to be served upon 2. MaryAnne Roy 13 Clamer Avenue Collegeville, PA 19426 : nmm SAVED RELATION lFMITION PLACE OF SERVICE S4 ^° THE OF SERVICE yr?? J D,rJE OF SERVICE a r fir, - 0 i..., UlY 1 2UTY '_..STDAYOFSES'ME your return of service. Very truly yours, R. Thomas Kline, Sheriff Cumberland rr ty, Pennsylvania 6667 V? ) RO?INY R. ANDERSON `f I Chief Deputy )Y S. SMITH Estate Deputy r-> s In The Court of Common Pleas of Cumberland County, Pen sylvania Dickinson College VS. Felix A. Roy et al SERVE: MaryAnne Roy NO 05-758 civil No. Now, February 14, 2005 I, SHERIFF OF CUMBERLAND COUNT , PA, do hereby deputize the Sheriff of Montgomery County to execute this rit, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, Affidavit of Service Now, within upon at 20_, at o'clock M. serjed the by handing to and made known to So answers, the contents Sworn and subscribed before me this _ day of 20 copy of the original Sheriff of COSTS SERVICE MILEAGE _ AFFIDAVIT County, SHERIFF'S RETURN PROTHONOTARY B-667 DEFENDANT: Felix A. Roy, MaryAnne Roy DOCUMENT SERVED: Civil INDIVIDUAL SERVED: Felix A. Roy RELATIONSHIP TO DEFENDANT: Defendant, Person In Charge DATE AND PREVAILING TIME: Feb. 18, 2005 @ 4:00 LOCATION: Montgomery County Sheriffs Office, Norristown, P We 44" dacwrouct a""rAed w t& de0ewd4ad as ¢uc Gr?atMCat(aa &4&d 4i"e 1* the e ea'IJeoko"te *, eomm"4 "" od Tae lwcnta. A#hfted aid uc6aeR[6ul 6t?aae wu o c d4 day ao 4444 eu, Feb. 22, 2005 P04 ;D. z)"44& 0 otary Public Sheriff of Montgomery County l`?) ? z ? Deputy Sheriff Lt. Machalette NOTARIAL SEAL PATRICIA A GIAMBRONE Notary Public NORRISTOWN BOROUGH.MONTGOMERY COUNTY My Commission Expires Dec 13, 2008 R. THOMAS KLINE Sheriff EDWARD L. SCHORPP Solicitor o?fii? of ?Curn?,ert OFFICE OF THE SHERIFF One Courthouse Square Carlisle, Pennsylvania 17013 TO: Hon. John Durante Montgomery County Sheriff Dear Sheriff: Dickinson College RE: V5 Felix A. Roy et al 05-758 civil Enclosed please find Notice and Complaint 1: Felix A. Roy to be served upon 2 • MaryAnne Roy , e ( k 13 Clamer Avenue Collegeville, PA 19426 P DECN SERVED )L611x 120 -le ;F.tAf10Pl i POSITION P I C - your return of service. A?1CECFGER4CE /JO/a f S C1y l c J•lE OF SERVECE ? Of? H-, c I SERVC[:,.r_ kGF?0AJT?TT{'-il.Qrys I i r. .3-l'? . Of Very truly yours, R. Thomas Kline, Sheriff Cumberland County, Pennsylvania ?4 GU1 R. ANDERSON )Y S. SMITH Estate Deputy N m rIFILGSVDATAFILFVDiclireonCollegc?nl TCulpeOonsVCmrentp0To1der Gem.d. 5112/01 I1:39AM Revised: 111210C 303PM 710C 207 David R. Galloway, Esquire MARTSON DEARDORFF WILLIAMS & OTTO Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff DICKINSON COLLEGE, Plaintiff V. FELIX A. ROY, MARYANNE ROY and KEVIN F. ROY, Defendants RECEIVED MAY 16 2005 ?r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-49TT- C1J 7`J CIVIL ACTION-LAW JURY TRIAL OF TWELVE DEMANDED ORDER OF COURT AND NOW, this 16 day of , 2005, upon consideration of the attached Stipulation, judgment is hereby entered in favor of P intiff, Dickinson College, against Defendants, FELIX A. ROY AND MARYANNE ROY, in the amount of $39,964.63 plus costs of suit and interest accruing at $3.25 per day from date of Judgment. Prothonotary is directed to enter and index this judgment accordingly. , J. for Plaintiff David R. Galloway, Esquire I.D. 87326 Ten East High Street Carlisle, PA 17013 Pro Se Defendants: Mr. Felix Roy Mrs. Maryanne Roy 13 Clamer Avenue Collegeville, PA 19426 o?z c h ,),I tAt: ial 't G 0 5; 1 1 ". i, I '? .? - - , ?,-, : 12 7 FPEILES DATAFILE1DIckinsonCollege619/Collect) ra Cm en11207t207stipI Cceuled 2124/05 0.43PM Revised. 4113105 2:08PM 761W 2m David R. Galloway, Esquire MARTSON DEARDORFF WILLIAMS & OTTO I.D. 87326 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff DICKINSON COLLEGE, IN THE COURT OF COMMON PLEAS OF Plaintiff V. FELIX A. ROY, MARYANNE ROY and KEVIN F. ROY, Defendants CUMBERLAND COUNTY, PENNSYLVANIA o Mt NO US.7§8- CIVIL ACTION-LAW JURY TRIAL OF TWELVE DEMANDED STIPULATION AND AGREEMENT FOR ENTRY OF JUDGMENT AND NOW, comes PlaintiffDICKINSON COLLEGE by and through its attorneys, MARTSON DEARDORFF WILLIAMS & OTTO, and Defendants, FELIX A. ROY and MARYANNE ROY, who stipulate and agree as follows: Pa. R.C.P. 1037(c) provides that in all cases, the Court, on motion ofa party, may enter an appropriate judgment against a party upon admission. 2. Defendants, Felix A. Roy and Maryanne Roy, agree and admit that Judgment should be entered against them in favor of Plaintiff in the amount of $39,964.63 plus costs of suit and interest of $3.25 accruing per day from date of Judgment. to this The parties agree 13 Clamer Avenue Collegeville, PA 19426 Pro Se Defendant at the Court, upon motion of Plaintiff, may enter Judgment pursuant of a Rule to Show Cause, and without further proceedings or notice. Date: April ?d , 2005 Maryanne "y 13 Clamer Avenue BY. Martson Deardorff Williams & Ten East High Street Carlisle, PA 17013-3093 (717) 243-3341 Attorney for Plaintiff Date: April 13, 2005 Collegeville, PA 19426 Pro Se Defendant Date: April, 2005 t CERTIFICATE OF SERVICE I, Jean Taylor, an authorized agent ofMartson Deardorff Williams & Otto, hereby certify that a copy of the foregoing Order was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Mr. Felix A. Roy Mrs. Maryanne Roy 13 Clamer Avenue Collegeville, PA 19426 MARTSON DEARDORFF WILLIAMS & OTTO By Taylor - East High Street sle, PA 17013 (717) 243-3341 Date: May 12, 2005 -' ?;', ?- 's= ,,, .,;; . ?,..> ?--. ? r, f z ?? ?;. ?': ?:- T ?_ ?. r? .-- w F:\FILES\ClientskNekinsonCollege7619\Collections\Current\207\7619C.207. prat Created: 2/24/05 O:OOPM Revised: 3/3/09 9:36AM 7619C.207 Christopher E. Rice, Esquire MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES I.D. 90916 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff DICKINSON COLLEGE, Plaintiff V. FELIX A. ROY, MARYANNE ROY and KEVIN F. ROY, Defendants To the Prothonotary: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-758 CIVIL ACTION-LAW : JURY TRIAL OF TWELVE DEMANDED PRAECIPE Please mark the judgment in the above-referenced matter satisfied and the action discontinued. MARTSON LAW OFFICES Y• Christopher E. Rice, Esquire I.D. No. 90916 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff Date: March 3, 2009 CERTIFICATE OF SERVICE I, Mary M. Price, an authorized agent of MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER, 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: Felix A. Roy and Maryanne Roy 13 Clamer Avenue Collegeville, PA 19426 Mary Joan McNamara, Esquire McNAMARA LAW, LLC 14 10 Hunting Wood Road Annapolis, MD 21403 MARTSON LAW OFFICES By 1, /AW,/ ? - O M VPrice Ten E High Street Carlisle, PA 17013 (717) 243-3341 Dated: 3/3 9 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 ?ri ??y ? ? j`'??