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Home My WebLink About94-00941 j c... ~ E 3 c o V) .f ~ .- o ~ f: ~: - .~; - v-' .~ ~ ... ~ 0 c:. . s: '-r) p:. -.,.. 1rI ~ - ~ ~ e :'~) '-".J f> l..~ ~ ~ ~ <:)... ~ .::;:: -( :,.,;' '~0 l'- I '" ~ '3 ~. ~ .,,, jJC( ~(~/ 1I I' () .rl!' fq~'Y' ('r\lff1:11 ~,. ~( skl-r I. D-.fo-I t"\...u.:-,-- , 1<::1 \II y) ~ " McNEES . . W#'\LL^CE 100 I\. NIJHICl( ,'IHr "-1 rtl~L r ,. Q. It'" II". HAnRI!..inUA Ci. PA 17100 r-'~".''-~'''' '<"-.-,.,........- DICKINSON COLLEGE, plaintiff . . . . . . IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW v. . . . . CHARLES L. MARCUS, Defendant : NO. g L/ I (''ll I Ict q 'f . . NOTICE l~~ ~a~e been sued in court. If vou wish to defend aaainst ;~~ ~~-t:; t~t ~~~t~ i~ the f~ii~wina DaaeS. YOU must take action h n ( avs after this comDlaint and notice are s:~v:~d ~r ~~~e~~n: ~ ~~~tten aDDearance Dersonallv or bv attor- ~ ~:.. ~ 1 .. r t with the court vour defenses or obiec- i~~~ t~ i~; ~l~~m~ ~~t forth aaainst vou. You are warned that i~;:~ a t _ so the case mav Droceed without vou and a ~ ~i~;n~ :;: ee ~~~~r~d aaainst YOU bv the court without further o _ 0 n m claimed in the comDlaint or for any other ~lai; o~ ~eii~f reauested bv the Dlaintiff. You may lose money or DroDertv or other riahts imDortant to vou. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU D~ ~~~ ~~E ~ ~~:~OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFF R W TO FIND OUT WHERE YOU CAN GET LEGAL HELP. COURT ADMINISTRATOR Cumberland County Court House Fourth Floor Carlisle, PA 17013 (717) 240-6200 :~Ii;~rr:' NURXCK -~ett D. Davis I.D. No. 62668 100 Pine Street P. O. Box 1166 Harrisburg, PA 17108-1166 (717) 232-8000 Attorneys for Plaintiff Dickinson College i. -- ~"""k DICKINSON COLLEGE, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW v. CHARLES L. MARCUS, Defendant NO. Cfl.( I 11ff c.. COMPLAINT NOW COMES, Plaintiff, Dickinson College (hereinafter "Dickinson"), by its attorneys, McNees, Wallace & Nurick, and files the within Complaint against Charles L. Marcus. In support of its Complaint, Dickinson states as follows: 1. Plaintiff, Dickinson, is an educational institution of higher learning which maintains an address at P.O. Box 2896, Carlisle, Pennsylvania 17013. 2. Defendant, Charles L. Marcus, is an adult individual whose last known address is 209 Lake ontario curt, Slidell, Louisiana 70461. 3. On or about August 11, 1986, Defendant entered into an Educational Goods and Services Retail Installment Contract (hereinafter "Contract") for expenses incurred for goods and services to be provided and rendered to Cheryl Marcus, by Dickinson during the 1986-1987 academic year. A true and correct copy of the Contract is attached hereto and made a part hereof as Exhibit "A". COUNT I 4. Paragraphs 1 through 3 are incorporated herein by reference thereto. 5. Under the terms of the contract, Defendant agreed to pay Dickinson Five Thousand Eight Hundred Dollars ($5,800) with interest at the rate of 9.498\ per annum in 152 equal monthly installments of sixty-five Dollars and Seventy-four Cents ($65.74) commencing on September 30, 1986. 6. The Contract further provides that "[i]f 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." 7. The Contract further provides that if an event of default of the Contract occurs, and is not cured by the borrower, Dickinson had "the right to declare all sums due on the Contract to be immediately due and payable." 8. Defendant defaulted on his obligation under the Contract by failing to make the required monthly payments when due. Despite being advised of the default on his obligation, Defendant has failed to cure such default. 9. In accordance with the terms of the Contract, Dickinson has declared the Contract to be in default. The total amount which became due and owing to Dickinson by Defendant pursuant to - 2 - the Contract is Eight Thousand Three Hundred Seventy-nine and Four Cents ($8,379.04), which includes interest through December 8, 1993. 10. Dickinson has demanded payment of the obligation owed to it by Defendant, but Defendant has failed and refused to do so. WHEREFORE, plaintiff demands judgment against Charles L. Marcus in the sum of Eight Thousand Three Hundred Seventy-nine and Four Cents ($8,379.04), plus interest at $1.036 per diem from December 9, 1993, until Defendant's obligation is paid in full, plus costs of suit, which sum does not exceed the jurisdictional limit for compulsory arbitration. COUNT II In the alternative, if this Honorable Court should determine that an express contract between the parties does not exist, which is denied, Plaintiff pleads the following: 11. Paragraphs 1 through 3 inclusive are hereby incor- porated herein by reference. 12. Having requested Dickinson College to loan money and doing so to the benefit of Defendant, Defendant became liable to Dickinson college for said money. - 3 - 13. Defendant has been unjustly enriched by accepting said money without paying Dickinson College reasonable compensation therefor. 14. The total amount by which Defendant has become enriched on account of the money loaned is Five Thousand Eight Hundred Dollars ($5,800). 15. Dickinson College has demanded that Defendant pay this amount but Defendant has failed and refused to do so. WHEREFORE, Plaintiff demands judgment against Charles L. Marcus in the sum of Five Thousand Eight Hundred Dollars ($5,800), plus interest and costs of suit, which sum does not exceed the jurisdictional limit for compulsory arbitration. :EE~A:;;O 0& N:CK Brett D. Dav I.D. No. 62668 100 pine street P. O. Box 1166 Harrisburg, PA 17108-1166 (717) 232-8000 Attorneys for Plaintiff Dickinson College Dated: .p,~.q~ - 4 - VERIFICATION subject to the penalties of 18 Pa. C.S. 54904 relating to unsworn falsification to authorities, I hereby certify that I am Thomas B. Meyer of Dickinson College, and I am authorized to verify this Complaint on its behalf, and further, that the facts set forth in the foregoing Complaint are true and correct to the best of my information and belief. .---\.5~ . . \____ ,J 77 J ,-_t < '~r->'-, Thomasveyer Dated: Exhibit "A" ....7... 4' ':../:. . , . . t" r DICKINSON COLLEGE FLEXIBLE FINANCING SYSTEM - 7000 PLAN EDUCATIONAL GOODS AND SERVICES RETAIL INSTALLMENT CONTRACT Date AURust 11. 1986 1. Seller: Dickinson College, Carlisle, Pennsylvania 17013 Buyer(s): Charles Marcus If there is corc than one euyer, ea~h ~f you will be ubligat~d, 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 Install- ment Contract, you have agreed to pay the expenses incurred for goods and services to be provided and rendered, as the case may be, to Chervl (hereinafter "Student") during his/her enrollment at Dickinson College during the 1986-87 academic year, including ~uitiQl\"'-tQ.ol1l and board , books and. suppJiesas herein stated (hereinafter the "Goods and Services"). .. .... H.... . ... The Goods and Services shall include only the following: Tultlnn, and room and board. II. TERMS OF PAYMENT AND PAYMENT SCHEDULE Disclosures Required by Federal Law ANNUAL FINANCE AMOUNT FINANCED: TOTAL OF TOTAL SALE PERCENTAGE CHARGE: Amount of credit PAYMENTS: PRICE: RATE: * Dollar amoun provided by Amount paid Total cost of Cost of credit credit will Dickinson College by Buyer as purchase on as yearly rate cost Buyer total of all credit, in- scheduled cluding down payments payment of $ '.CiCin nn 9.498 % $ 4.192.48 $ 5.800.00 $ 'l,'l'l? .48 $ 1 1 , 1 ~n nn ., , ~',,"",";;""; r r Buyer's payment schedule will be as follows: Number of Pa ents Amount of Pa ents 152 *Variable Rate: Late Charge: Prepayment: When Pa ents Are Due $65.74 Monthly commencing until 5/30/99 9/30/86 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. 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 ~UAL PERCENTAGE RATE will not increase more than once a year, and the new interest rate ..!<Iill.. become effective on July 1 following the increase, if any, in theOpr1meOrate.ot lnteresE. Oanyo1ncreage will be in the form of higher payment amounts. If your cost of the Goods and Services sold hereunder were $ 5.800.00 at 9.5 % per annum for 152 months, and the prime rate plus 1% were increased to 10.5 %, your regular monthly payments would increase to $ 69.14 Further, the ANNUAL PER- CENTAGE RATE will not incre3se to more than 18% or such other rate as may be permitted under the Pennsylvania Goods and Services 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 FINANCB CHARGE due through the date of early payment, in full or in part, without penalty. -2- f.... r r III. ITEMIZATION OF AMOUNT FINANCED 1. Cash price of Goods and Services: $ 13,350.00 2; Total down payment: 7,550.00 3. Unpaid balance of cash price (1 - 2): 5,800.00 4. Amount paid to others on Buyer's behalf: 0 5. Amount Financed (3 + 4): $ 5,800.00 IV. CREDIT INSURANCE Credit life insurance for the term of this Contract is not required. V. NO WARRANTIES THE&~WilRRANT.tES. EITllEIl-EY1>IlF!:<:EIhOB.-IM1>T.nm, GIVRN BY SRI.T.RR 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 Pidel1ty Bank at the following address: Pidel1ty Bank 141 Garrett Road Upper Darby, PA 19082 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, -3- ,.,.., .' r r (cl failure to perform any other provision of the Contract, (d) providing Seller with false information or signatures, (el death, ipcompetence, or conviction of any Buyer of crime in- volving 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. Ii 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. 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. The laws of the Commonwealth of Pennsylvania shall apply to this Con- tract except to the extent supplemented, superseded or pre-empted by federal law. 9. This Contract shall be binding upon the parties hereto, their heiro, successors, assigns and legal representatives. 10. 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 -4- .,;.,.;",-..~.,~"... ~..."..~ " . . r r THE FULL Ao'lOUNT DUE AND UNDER CERTAIN CONDITIONS TO OBTAIN A PARTIAL REFUND OF THE FINANCE CHARGE. BUYER(S) ACKNOWLEDGE(S) RECEIVING A COMPLETED COPY OF THIS CONTRACT AND INTEND(S) TO BE LEGALLY BOUND BY ITS TERMS. BUYER(S): C~ IL/!y,ULtJ DATE: DICKINSON COLLEGE t:2< <-'ii'-4"T// J /9/16 ,.-/ / By (~j-;t"... '/ e_"\. -..J FOR DICKINSON COLLEGE USE ONLY For value received, Seller hereby sells, assigns, and transfers to Pidelity Bank all of Seller's rights, title and interest in this Educational Goods and Services Retail Inatallment Contract, with full recourse to Seller. This Jf~ day of .s,'l!.-rt: , 19 8e,.. .~~~ ~ ~j.-,.-I.u.1.. TITLE DICKINSON COLLEGE, BY: -5- ff ..:I" ~ <'J ~- .. ':3 ~~ - - ")~ " LJ FE- ...;:. -J ~1: ~r ," -l~ C' t'i. ,n "'..... >(1) U. t..~ N ..l~ rt\" S~ :''':? j!.. '.: Iltl - ..~:Q; ~ .... 1I. L." :::: 0 ::> cr, u e~ McNEES, WALLACE 8< NURlCK 100 PINE STREE:T P. O. .0. II.. fl4RnISQURG, PA 1710d . DICKINSON COLLEGE, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW v. CHARLES L. MARCUS, Defendant NO. 941 CIVIL 1994 PRAECIPE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Counsel moves the Court to reinstate the Complaint in the above-captioned matter to be able to obtain service of the Complaint upon Defendant, McNEES, WALLACE & NURICK By 1, ~~::hatthes Attorney I,D. No. 67408 100 Pine Street P. 0, Box 1166 Harrisburg, PA 17108-1166 (717) 232-8000 Attorneys for Plaintiff Date: August 22, 1996 "Ill I: ! n . ::. f.:["l'Ir.~1 :.1. ;. CCHT!F'IED HAIL CAc;~: flU: \')')'1-00')'11 I' CIJMMlIflW[ALTlI VI-' rl':IHl~;YL 'J ANI A: CIJlIllTY Lit-' CUMIIHiLAI/I' [111_1'1 Nc;t.lll (ClI.IYLit:: V::;, !:!.~lil'I.IS UIARLES L R. ...lli"'!.';!." Kl1ne ________' Shl?riff or ['eputy SherJ.ff of CUMU~f.:LAflP Counly, r~nnsylv.nla, who b..ng duly sworn according to law. serv..,' 1 h<, Wl thl" "(Jrn..d f:f':VI';l/l'l\l!L MARCUS CHARL!::S I. by "'" tp.d Sla' I?fl C",r'liled Mall pos'-"\I'" t'lrl?pa.d. on the 27th AUCjut;l _.Ln~_, ilt lC'~'\?:lIi'" HUlIRS. at 5513 BUrWY ROAD, 110, N~W uRL~AI/S, I.A ~~\~? of . day 359 o t.rtn" and nttflost(.d copy (If "ht-.~ 3..t.Ql.:..h~::;l(i COMPLAIN1' I'hr! fPtllrne-d fC"CClllt cord Vuf.; :;it"1r:ed by on F./I'Il'l/I1Jl-1l(l!2t ^ddl t 1 nn;:)l Crlfnmfitolr:: [I nEt; I:!;'lurnll'[' TO unll~E l)f." TIle; SHLRIFF 011 OCTOBER 3. 1996 iii A~jIJtl r:IIEO;El' UIICLA I ML[l. :....;tlf..1 J 1 t ':.\ C.O,wtR: l'u,-' 1,;('> t. 1 nQ <....'r.J) CI:'! At!"~'IVI.'- . UI '=hiJrU': l.I;filIFICro MAIL IU 18,00 . ~)0 .00 2.00 3.75 '~::3. 75 MCNEES WALLACE & NURleK 10/03/1996 ',V/'I n 'U):,L t!uhBr;rlb~,1Il.tn be-fore m~ 'hI" '- day oi d:J_~.' lf9(;.~~."';[I. ~ _.~....(;~f~ .~ro<<~,~t'f[j~~.'-- , I -, -~ \::,..>: . ..~~.~ ,~ <, ';... , ,........- ., .. ...;......._,...._-.. - .. '.:. ...>......,,:..,., ....,....-';,;..... .'.;."~' ,'--co _.C.,.;'.." . '* CERTIFIED ~ ';. ~ ~~.~,..~ ' It'~ .:" ~ P 575 534 1110 =J_ . . . . . . . . . . . . COUNTY OF CUMBERLAND Office of The SherlH 1 Courthouse ~quare Carlisle, Pennsylvania 17013 MAIL t .! " Charles L. Marcus 5543 Bundy Rd., No. 359 New Orleans, LA 70127 FINAL NOTICE I Ncme. /3V let !.le,t,cr ~- .). 'c. - h 2,-;.; ::0tiCei~ Return ~;3 1IIl,IIIIlIl11Il"I.II",JllllfETURN REGaN amUESTED \~ "'- - '~ .'.---.. , '... . .! · .Ccln1>IoI.~1-"2""__. 'I .~._3,4"""'4b. I I IPMI ~ Nlnelnd addtw, on 1hI,....... of lhiI fonn 10 thai we can fMwn tria -lOlOU. .-......... 10 1110 '""" 011110...,....,.. Ofonlho _n _ _ not : . .~.r:lR_R_~onlho__bolowlllo__. : 'Ii In. Return RICeIpI>MIIhow 10 whom Ihe AI'Ik::II wu deIvMd Ind 1M dII, 1& - I' 3. Ar1k:I. Add...18d to: I Charles L. Marcus f 5543 Bundy Rd., No. 359 : New Orleans, LA 70127 941 Civil Term 19 I silO wtsh '0 receive the followfng "1VIce. (lor en extra lee): I. 0 Add......'. Add.... 2. 0 R...rlcted D.llv.ry ConauII PGllmaaler lor I.., 4a. Ar1k:I. Number p 575 534 140 4b. S.1VIce Type o Regl.,.red o Exp.... MaD 0 'neured o ReIumR.celpllorMan:hancl.. 0 COD 7. Dal. 01 D.llvery If &1 I: E~ .... CsrTlfted S; ~ .., .&, !II !. !: f r I ., ! , 5. Received By: (Print Name) 8. Addra....'. Add.... (Only /I requested and 'eels paid) i- f , , !I S, Slgnatur.: (AtJdruue or A~nt) : ~ X 'J! . PS Fonn 38", Decemb4r 1994 Domestic Return Rece pt \, \" ' -- '~ -'_.,-~ ~ , 1 I , I I I 4 I 4 I I J j I , I J I I f I 1 j I I '. 111111 UNITED STATES POSTAL SERVICE t AIII.C/aq Mall t Pottag. & F... Poid I USPS , P.rmlt No. G.l0 , , , I I , , , I I , I I t t I I I I I · Print YDur name, address, and ZIP Code In this box . R. Thomas Kline, Sheriff Cumberland County Courthouse One Courthouse Square Carlisle, PA l7013 \ r , I , { , I , \ I '); i' '-"-'-~*P-.........-... '1~ . ,~ ,- . McNEES, WALLACE a NURICIC 100 IJINE aTAItU P. O. DOK ,t.. HARR1IIDUAO. PA 17108 DICKINSON COLLEGE, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW . . . . . . v. . . . . CHARLES L. MARCUS, Defendant C t'V,') ,qqy NO. gL11 . . . . NOTICE You have been sued in court. If vou wish to defend aaainst the claims set forth in the followina oaaes. vou must take action within twentv C201 days after this comolaint and notice are served. bv enterina a written aooearance oersonallv or bv attor- nev and filina in writina with the court your defenses or ob1ec- tions to the claims set forth aaainst you. You are warned that if vou fail to do so the case may oroceed without YOU and a 1udament may be entered aaainst YOU bv the court without further notice for any monev claimed in the comolaint or for any other ela~mor-relie~-reauested.bv the-Dla~nt~~f~You ma~lose money or orooertv or other riahts imoortant to YOU. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. COURT ADMINISTRATOR Cumberland County Court House Fourth Floor Carlisle, PA 17013 (717) 240-6200 :i2~1[' NURIOK -~ett D. Davis 1.0. No. 62668 100 Pine Street P. O. Box 1166 HarriSburg, PA 17108-1166 (717l 232-8000 TP~!~ ,';OPY FROM FlECORD In ~',.' - "'f'l~. Hll!flJ 1j:.~o ~e: my mmd ~ ,:.1 Courl 3.' Galriiit-, P~'7" " 'c it . "1. ~Il, 1\1 '."V"a..../J' '~~ l~ IlL' I ..:....-- J. ~-.:..Jtro\ltonoUlY Attorneys for Plaintiff Dickinson College .l '.' ~ , . . ~ ~ -,..~,.,_.,;,._..."",,~~~,..-~~-"'''' .".~", ._i:U'lllr~' .; DICKINSON COLLEGE, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW v. CHARLES L. MARCUS, Defendant NO. COMPLAINT NOW COMES, Plaintiff, Dickinson college (hereinafter "Dickinson"l, by its attorneys, McNees, Wallace & Nurick, and files the within Complaint against Charles L. Marcus. In support of its Complaint, Dickinson states as follows: I. Plaintiff, Dickinson, is an educational institution of higher learning which maintains an address at P.O. Box 2896, Carlisle, Pennsylvania 17013. 2. Defendant, Charles L. Marcus, is an adult individual whose last known address is 209 Lake ontario curt, Slidell, Louisiana 70461. 3. On or about Auguat II, 1986, Defendant entered into an Educational Goods and Services Retail Installment Contract (hereinafter "contract") for expenses incurred for goods and services to be provided and rendered to Cheryl Marcus, by Dickinson during the 1986-1987 academic year. A true and correct copy of the Contract is attached hereto and made a part hereof as Exhibit "A". . ..,.~. ...,.,...,.' COUNT I 4. Paragraphs 1 through 3 are incorporated herein by reference thereto. 5. Under the terms of the Contract, Defendant agreed to pay Dickinson Five Thousand Eight Hundred Dollars ($5,800) with interest at the rate of 9.498' per annum in 152 equal monthly installments of Sixty-five Dollars and Seventy-four Cents ($65.74) commencing on September 30, 1986. 6. The Contract further provides that "[i]f 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." 7. The Contract further provides that if an event of default of the Contract occurs, and is not cured by the borrower, Dickinson had "the right to declare all sums due on the Contract to be immediately due and payable." 8. Defendant defaulted on his obligation under the Contract by failing to make the required monthly payments when due. Despite being advised of the default on his obligation, Defendant has failed to cure such default. 9. In accordance with the terms of the Contract, Dickinson has declared the Contract to be in default. The total amount which became due and owing to Dickinson by Defendant pursuant to - 2 - the contract is Eight Thousand Three Hundred Seventy-nine and Four Cents ($8,379.04), which includes interest through December 8, 1993. 10. Dickinson has demanded payment of the obligation owed to it by Defendant, but Defendant has failed and refused to do so. WHEREFORE, Plaintiff demands judgment against Charles L. Marcus in the sum of Eight Thousand Three Hundred Seventy-nine and Four Cents ($8,379.04), plus interest at $1.036 per diem from December 9, 1993, until Defendant's obligation is paid in full, plus costs of suit, which sum does not exceed the jurisdictional -,~--'----"----- --,~-_._._---'-~--_.~-,.-._-- limit for compulsory arbitration. COUNT II In the alternative, if this Honorable Court should determine that an express contract between the parties does not exist, which is denied, Plaintiff pleads the following: 11. Paragraphs I through 3 inclusive are hereby incor- porated herein by reference. 12. Having requested Dickinson College to loan money and doing so to the benefit of Defendant, Defendant became liable to Dickinson college for said money. - 3 - 13. Defendant has been unjustly enriched by accepting said money without paying Dickinson College reasonable compensation therefor. 14. The total amount by which Defendant has become enriched on account of the money loaned is Five Thousand Eight Hundred Dollars ($5,800). 15. Dickinson College has demanded that Defendant pay this amount but Defendant has failed and refused to do so. WHEREFORE, Plaintiff demands judgment against Charles L. Marcus in the sum of Five Thousand Eight Hundred Dollars ($5,800), plus interest and costs of suit, which sum does not exceed the jurisdictional limit for compulsory arbitration. :"""1;;0 0' N:CK Brett D. Dav I.D. No. 62668 100 Pine street P. O. Box 1166 Harrisburg, PA 17108-1166 (717) 232-8000 Attorneys for Plaintiff Dickinson College Dated: ~'1a.q~ - 4 - VERIFICATION subject to the penalties of 18 Pa. C.S. 54904 relating to unsworn falsification to authorities, I hereby certify that I am Thomas B. Meyer of Dickinson College, and I am authorized to verify this complaint on its behalf, and further, that the facts set forth in the foregoing complaint are true and correct to the best of my information and belief. ~.\ <.. . )__-)J "._ ._ , ~,. I ..f _~ --,. Thomas B",Meyer Dated: r' Exhibit "A" <~,,:~_:'I.r::- . , . , r (" . .. , "~: ~ DICKINSON COLLEGE FLEXIBLE FINANCING SYSTEM - 7000 PLAN EDUCATIONAL GOODS AND SERVICES RETAIL INSTALLMENT CONTRACT Date AURust 11. 1986 I. Seller: Dickinson College, Carlisle, Pennsylvania 17013 Buyer(s): Charles Marcus !f there is core then one 8uyer, ea~h vf you will be ubli&at~d, 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 Install- ment Contract, you have agreed to pay the expenses incurred for goods and services to be provided and rendered, as the case may be, to Chervl (hereinafter "Student") during his/her enrollment at Dickinson College during the 1986-87 academic year, including .tuitilln, Hroom and..board, ...books .and supplies _ as lJerein stated. (hereinafter the "Goods and Services"), . .-... The Goods and Services shall include only the following: Tnitlnn, and room and board. II. TERMS OF PAYMENT AND PAYMENT SCHEDULE Disclosures Required by Federal Law ANNUAL FINANCE AMOUNT FINANCED: TOTAL OF TOTAL SALE PERCENTAGE CHARGE: Amount of credit PAYMENTS: PRICE: RATE: * Dollar amoun provided by Amount paid Total cost of Cost of credit credit will Dickinson College by Buyer as purchase on as yearly rate cost Buyer total of all credit, in- scheduled cluding down payments payment of $ 7,~~n no 9.498 % $ 4.192.48 $ 5,800,00 $ 'l.'l'l? .48 $ I','~n nn t':,... .'-'.~,...,'.,...,-- " r r Buyer's payment schedule will be as follows: Number of Pa ents Amount of Pa ents When Pa ents Are Due 152 $65.74 Monthly commencing until 5/30/99 9/30/86 *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 ~UAL PERCENTAGE RATE will not increase more than once a year, and the new .interestrate Will become e~f~c~iv~.o~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 $ 5.800.00 at 9.5 % per annum for 152 months, and the prime rate plus 1% were increased to 10.5 %, your regular monthly payments would increase to $ 69,14 Further, the ANNUAL PER- CENTAGE RATE will not increase to more than 18% or such other rate as may be permitted under the Pennsylvania Goods and Services Installment Sales Act. Late Charge: If a payment is more than 15 days late, a sum equivalent to 5% of the late payment (but no more than $2.50 and not less than $1.00) may be charged. Prepayment: Buyer may prepay the unpaid balance of the Amount Financed and any FINANCB CHARGE due through the date of early payment, in full or in part, without penalty. SEE SECTION VI OF THE CONTRACT BELOW FOR ANY ADDITIONAL INFORMATION ABOUT NON- PAYMENT, DEFAULT AND REQUIRED REPAYMENT BEFORE THE SCHEDULED DATE FOR REPAYMENT OF THE AMOUNT FINANCED. -2- t r III. ITEMIZATION OF AMOUNT FINANCED 1. Cash price of Goods and Services: $ 13,350,00 2; Total down payment: 7,550.00 3. Unpaid balance of cash price (1 - 2): 5,800.00 4. Amount paid to others on Buyer's behalf: 0 5. Amount Financed (3 + 4): $ 5,800.00 IV. CREDIT INSURANCE Credit life insurance for the term of this Contract is not required. V. NO WARRANTIES -'l'IIB~NO-WARRANUEST'-EI.t~EXPRESSEn.nR TM1>T.TF.n~IDI-RV SRT.I.RR 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 Fidel1tY Bank at the following address: Pidel1ty Bank 141 Garrett Road Upper Darby, PA 19082 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 cODDDitted 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, -3- .. r t" (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 in- volving 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 performsnce 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. 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. The laws of the Commonwealth of Pennsylvania shall apply to this Con- tract except to the extent supplemented, superseded or pre-empted by federal law. 9. This Contract shall be binding upon the parties hereto, their heiro, successors, assigns and legal representatives. 10. 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 -1,- t',- .,~~~.'_:- \ r THE FULL Ao'lOUNT DUE AND UNDER CERTAIN CONDITiONS TO OBTAIN A PARTIAL REFUND OF THE FINANCE CHARGE. BUYER(S) ACKNOWLEDGE(S) RECEIVING A COMPLETED COPY OF THIS CONTRACT AND INTEND(S) TO BE LEGALLY BOUND BY ITS TERMS. BUYER(S): C~ I~ /l~A"'L(../ /y DATE: DICKINSON COLLEGE t:2<<-'i''-4'-T//, /9/16 0"'/ ~ By l~3' /H_." '/ t'_"'\ --J FOR DICKINSON COLLEGE USE ONLY For value received, Seller hereby sells, assigns, and transfers to Fidelity Bank all of Seller's rights, title and interest in this Educationsl Goods and Services Retail Installment Contract, with full recourss to Seller. This 1/1, day of .sr-l'.-g---t: , 19 .gc,. ~~..e... ~ "etf'"l--1Pfr-,.-I./t...... TITL~ DICKINSON COLLEGE, BY: -5- (r u '\ OJ L ;)(" f~.q ,,_ . (l1mi'LL4rCj ~I..,..U,L JLM f1- )/~(J' Oft' cc AUG' . 7' t' ~ j;: "I"'r. ' 'q . .2 j:j JJ p '! & . ,..1'