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IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO .eN - /581 (It tJ-<;t- J i~
DICKINSON COLLEGE,
Plaintiff
HAROLD R. USNER and ERIC
USNER,
Defendants
NOTICE
You have been sued in court. If yOU wish to defend aaainst
the ci;im~ ~et forth in the followina oaaes. you must take action
within twenty (20) days after this comolaint and notice are
served: ~~ enterina a written aooearance oersonallv or bv attor-
ne~ ~ng !!llna in writina with the court your defenses or obiec-
tions to the claims set forth aaainst you. You are warned that
if you fail to do so the case may oroceed without you and a
judament may be entered aaainst you bv the court without further
notice for any money claimed in the comolaint or for any other
claim or relief reauested bv the olaintiff. You may 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
McNEES, WALLACE & NURICK
By
\3~~\'c)---
Brett D. Davis
1.0. No. 62668
100 pine Street
P. O. Box 1166
Harrisburg, PA 17108-1166
(717) 232-8000
Attorneys for Plaintiff
Dickinson college
Dated: !'<Yl,\Cn Q~, 1994
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DICKINSON COLLEGE,
plaintiff
.
.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO.
.
.
v.
HOWARD R. USNER and ERIC
USHER,
:
.
.
Defendants
.
.
.
.
COMPLAINT
NOW COMES, plaintiff, Dickinson college (hereinafter
"Dickinson"), by its attorneys, McNees, Wallace & Nurick, and
files the within Complaint against Howard R. Usner and Eric
Usner. 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, Harold R. Usner and Eric Usner, are adult
individuals whose last known address is 80 Iceland Hill Road,
Stevens, Pennsylvania 17578.
3. On or about August 27, 1991, the Defendants entered
into an Educational Goods and services Retail Installment Con-
tract (hereinafter "First contract") for expenses incurred for
goods and services to be provided and rendered to Eric Usner by
Dickinson during the 1991-1992 academic year. A true and correct
copy of the First Contract is attached hereto and made a part
hereof as Exhibit A.
4. On or about January 7, 1992, the Defendants entered
into two Educational Goods and Services Retail Installment
'.
Contracts (hereinafter respectively, the "Second Contract" and
the "Third Contract") for expenses incurred for goods and ser-
vices to be provided and rendered to Eric Usner by Dickinson
during the 1991-1992 academic year. A true and correct copy of
Second Contract is attached hereto and made a part hereof as
Exhibit "B" and "C".
COUNT I
5. Paragraphs 1 through 4 are incorporated herein by
reference thereto.
6. Under the terms of First Note, the Defendants agreed to
pay Dickinson College Seven Thousand Dollars ($7,000.00) with
interest at the initial rate of 9.309% per annum in one hundred
seventeen (117) equal monthly installments of Ninety-One Dollars
and Twenty-Five Cents ($91.25), commencing on September 28, 1991.
7. Under the terms of the Second Contract, the Defendants
agreed to pay Dickinson College Three Thousand Four Hundred
Dollars ($3,400.00) with interest at the rate of nine and one
half percent (9.5%) per annum in one hundred eleven (111) equal
monthly installments of Forty-Six Dollars and Fourteen Cents
($46.14), commencing on February 28, 1992.
8. Under the terms of the Third Contract, the Defendants
agreed to pay Dickinson College Four Thousand ($4,000.00) Dollars
with interest at the rate of eleven percent (11%) per annum in
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three (3) equal monthly installments of Thirty-Six Dollars and
Sixty-Seven Cents ($36.67) commencing February 28, 1992, and with
interest at eleven percent (11%) per annum in seventy-two (72)
equal monthly installments of Seventy-Six Dollars and Thirteen
Cents ($76.13) commencing May 28, 1992. (The First, Second and
Third Contracts are hereinafter referred to collectively as the
"Contracts").
9. The Contracts further provide 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 not
charged."
10. The Contracts further provide that in an event of
default of the Contracts occurs, and is not cured by the
borrower, Dickinson has "the right to declare all sums due on the
Contract to be immediately due and payable."
11. The Defendants defaulted on their obligation under the
Contracts failing to make the required monthly payments when due.
Despite being advised of the default on their obligations, the
Defendants have failed to cure such default.
12. In accordance with the terms of the Contracts,
Dickinson has declared the Contracts to be in default. The total
amount which became due and owing to Dickinson by Defendants
pursuant to the Contracts is Fifteen Thousand Eight Hundred and
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Four Dollars and Ninety-Eight Cents ($15,804.98), which amount
includes interest through December 8, 1993.
13. Dickinson has demanded payment of the obligation owed
to it by the Defendants, but Defendants have failed and refused
to do so.
WHEREFORE, Plaintiff demands judgment against Harold R.
Usner and Eric Usner in the sum of Fifteen Thousand Eight Hundred
and Four Dollars and Ninety-Eight Cents ($15,804.98), plus
interest at $3.123 per diem from December 9, 1993 until Defen-
dants' obligations are paid in full costs of suit, and reasonable
attorney's fees, 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 Count in Quantum
Merit:
14. Paragraphs 1 through 4 inclusive are hereby incor-
porated herein by reference.
15. Having requested Dickinson College to loan money and
doing so to the benefit of Defendants, Defendants became liable
to Dickinson College for said money.
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16. Defendants have been unjustly enriched by accepting
said money without paying Dickinson college reasonable compensa-
tion therefor.
17. The total amount by which Defendants have become
enriched on account of the money loaned is Fourteen Thousand Four
Hundred Dollars ($14,400.00).
18. Dickinson College has demanded that the Defendants pay
this amount but the Defendants have failed and refused to do so.
WHEREFORE, plaintiff demands judgment against Harold R.
Usner and Eric Usner in the sum of Fourteen Thousand Four Hundred
Dollars ($14,400.00), plus interest and costs of suit, which sum
does not exceed the jurisdictional limit for compulsory arbitra-
tion.
McNEES, WALLACE & NURICK
By ~-:D'D--
Brett D. Davis
I.D. No. 62668
100 Pine Street
P. O. Box 1166
Harrisburg, PA
(717) 232-8000
17108-1166
Dated: ~~Cu\c'\1 ~~ , 1994
Attorneys for Plaintiff
Dickinson College
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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.
( ./.d~"-
Thomas B. Me
Dated:.3/t7/CfL/
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EXHIBIT "A"
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DIC<INOON OOLUl3E f1.E)(IBLE FINN4CI~ S'iSl'EM - 7000 PLAN
EIXJC1\TION1\L GOOOO AND 5mVICES REl7\IL INSrAI.l1IDIT comR1\CT
Date AU9ust 27, 1991
1.
Seller:
Dickinson College. Carlisle. Pennsylvania 17013
Harold R. Usner
8.1yer(s) :
80 Icehouse Hill Road
Stevens, PA 17578
If there is more than one 8.1yer. each of you will be obligated. jointly and severally,
for all sums due am for the performance of all agreements as provided in this Contr,~ct.
Umer the terms of this Educational Goods and Services Retai I Installment Contract.
YOll have agreed to pay the expenses inCU1'1"ed for goods and services to be provided and
rendered. as the case may be. to Eric Usner
(hereinafter "Student") durirg his/her enrollment at Dickinson College durirg the 1991-92
academic year. includirg 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. TmIS OF PAYMEtIT AND PA'iHENl' SCHEDULE
Disclosures Required by Federal Law
ANNeAL PERCENTAGE FINANCE CHARGE: AMOUNI' FINANCED: TOI'AL OF PAYMENTS: TOrAL SALE
RATE: * Dollar amount Amount of credit Amount paid by PRICE:
Cost of credi t as credi t wi 11 provided by aJyer as total of Total cost of
yearly rate cost 8.Jyer Dickinson College all scheduled purchase on
payments credit. in-
cludirg down
payment of
$12,980.00
9.309 % $ 3,676.25 $ 7 ,000.00 $ 10,676.25 $19,980.00
Rev 9/89
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El.Iyel" s pd>'ment sch.~dule WIll I"\.' ,~s I'vl j.)we:
When P.)>1D",nts an" Dl.l.;.
~h.u!o.t.=l' rJI' p.~yment.s Amount ,'f Payments
117
'VarIable Rate:
9128/91
$91.25
Monthly commenCI~r
unt 11 5128/01
The ANNUAL PERC:ENTAGE rom:: disclosed above 1S a v/lnable rate '3r.:l lIlay
change, The ANNU1IL PERCENTAGE RATE may increase during the tenn 01'
this transaction if the prime rate of interest announc~i In the Wall
Street JOW"TldI as of the close of business on June 30 of .,dch c,~I.;.mar
year increases. and will be increased to the prime rate pll~ l~. Th",
ANNUAL PERC:ENTAGE RATE wi II not increase melt'e th'3n once _, year, .mi
the new interest rate will become effective on July I fvll.'WII1cJ the
increase. if any. in the prime rate of interest, Any inCI'l~dSe WIll be
in the fono of higher payment amounts. If your cost 01' the o.:...,ds and
Services sold hereuOOer were $ 7,000.00 .It q.5 't, per annum ic)l'
...11L months. and the prIme rate plus 1% were increased to 10 50 '1"
your regular monthly payments would increase to:o q4 qq Flu'ther.
the ANNU1IL PERC:ENTAGE RATE wi 11 not increase to mot"e than 18':j, or such
other rate as may be penni tted uOOer the Pennsy I vania Goods am
Services Installment Sales Act,
If a payment is more than 15 days late. a sum equivalent to 5% of the
late payment (OOt no more than $2.50 and not less than $1.00l may be
charged.
B.1yer may prepay the unpaid balance or the Amount F1nanced and any
FINANCE CHARGE due through the date of early payment. in I'ull '.'l' in
part. without penalty,
SEE SECTION VI OF 'IHE OONTRACT BELOW FOR ANY ADDITIONAL INFURMATION ABJlJ!' NON-PAYlIDIT,
DEFAULT AND RmUIRED REPAYMENI' BEFORE 'IHE SCHEDULED DATE FOR REPAYMENT OF 'IHE Af-lilJNT
FINANCED,
ldte Olarge:
Prepayment:
III, !1>>lIZATION OF AM:lUNT FINANCED
1. Cash price or Goeds am Services: :0 19,980.00
.., Total down payment: 12.980.00
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3. Unpaid balance of cash price (1 - 2): 7,000.00
., Amount paid to others on &.Iyer's behalf: -0-
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5. Am~,unt Financed (3 + 4) : .5 7,000.00
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IV, CREDIT INSURANCE
Credi t lite insw"ance (01' the term of this Contract IS not required,
v, 00 WARRANrIre
TIlrnE ARE 00 WARRAtITIre. EI'I'Iirn EXPRESSED OR IMPLIID. GIIJE}/ BY ~ IN CONtID:TION
WITIi SALE OF TIiE GOCre AND srnIIICES OOVEmD BY TIiIS COOl'RACT UNLESS BUYER HAS BEEN GIIJE}/ A
SEPARATE WRITTEN WARIWm'.
VI . ADDITIONAL PROVISIONS
1. fuyer ogrees to pay Seller the Total Sale Price by making the total down payment .!Ind
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
Olarlotte. NC 28272-<l095
2. fuyer'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 fuyer timely cures any default.
3, fuyer 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 fuyer of crime involving fraud or
dishonesty,
(f) insolvency or bankruptcy of any fuyer.
4. Upon or after the occurrence of any Event of Default, Seller will provide fuyer with
notice. by certified mail as required by law. addressed to fuyer's last known address
as shown on Seller's records. advising fuyer of the default and of fuyer's right to
cure the default, The notice will provide the time. amount and performance necessary
to cure the default. It fuyer 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 fuyer 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. fuyer agrees that upon receiving notice
of the assignment fuyer shall be obligated to the Assignee of this Contract, which
Assignee shall have all of Seller's right and remedies.
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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. CONSENI' TO JURISDICTION. VENUE AND smvICE: 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 proceS5 in any such
proceediJY;J 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 TIiE ~ OF nus comR1\CT.
NOTICE: ANY HOLDm OF nus 00NSUMm CREDIT cot{lRACT IS SlJRJKT TO AU. ClAIMS AND DEFDlSES
WHIOi 1liE DEBTOR COUlD ASSEm' AGAINSI' 1liE S'E!..l..m OF GOOOO OR 5mVICES OBl'AINED PURSUANI'
f1t1.u:;!O OR WI1H TIiE PROCEEIS HEmDF. REXXlvmY HElIDJNDm FN TIiE DEBTOR SH1ILL NOT EXCEED
1IM::X1mS PAID FN TIiE DEBTOR HElIDJNDffi.
NOTICE TO IltJYm: (1) 00 NOT SIGN 1HIS AGREEMENI' BEFORE YOU READ IT OR IF IT CXJNTAINS ANY
BLANK SPACE. (2) YOO ARE ENITTLED TO A c::xJoIPLEI'ELY FIlLID-IN OOP'{ OF nus AGREEMEm'.
(3) UNDER TIiE LAW. YOO HAVE 1liE RIGHI' TO PAY OFF IN ADV1INCE 1liE FUlL AIOJNI' OOE AND UNDER
cmTAIN CONDITIONS TO OBI'AIN A PllRI'IAL REr'UND OF TIiE FINT\NCE aiARGE.
Bl.J'im(S) Aa<ooWLED3E(S) ta:U:a.lfING A COMPLEI'ED ropy OF nus cot:rnACT AND IN'IDID(S) TO
BE LIDAU.Y B:JUND FN ITS TmMS.
IltJYm(S) :1~v.J (l~
I AGREE TO REPAY ALL
00 so IN ACCORDT\NCE WI
SIUDENI' CXSIGNm
IF 1liE OORROWER(S)!BJYER(S) FAILS TO
DATE:
DIa<INOON OOLLEl3E
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EXHIBIT "B"
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DIOONfOl (J'f J:mF. f1.E)(IBlE FINm:IOO SYSlDI - 2500 PL\N
mJCAnOHAL GClOCB l\ND SERVICES REl'AIL INSTAlilIENl' ~
Date
February 6, 1992
1.
Seller:
Dickinson College. Carlisle. Pennsylvania 17013
Harold Ray Usner
80 Icehouse Hill Road
Stevens, PA 17578
B.1yer(s) :
If there is more than one B.1yer. each of you will be obligated. jointly am severally.
for all sums due am for the performance of all agreements a.s 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 ~ am services to be provided and
rendered. a.s the case may be. to Eric Usner
(hereinafter "student") during his/her enrollment at Dickinson College during the 1991-92
academic year. including tuition. room ani board. books and supplies as herein stated
(hereinafter the "Goods ard Services").
The Goods and Services shall include only tuition. room and board.
II. TE1M3 OF PAYMENI' l\ND PAYMENI' SCHEDJLE
Disclosures Required by Federal Law
ANNUAL pmcoo'AGE FINANCE Cli1\R3E: AMOONI' FINANCED: TOrAL OF PAYMEmS: Tal'AL SAlE
RATE: Dollar Amount Amount of credit Amount paid by PRICE:
Cost of credit a.s credi t wi 11 provided by B.1yer a.s total of Total cost of
yearly rate cost B.1yer Dickinson College all scheduled rm-cha.se on
payments credit. in-
cluding down
Prior to rery- payment of
Jnent: 11.00 %
D.Jring i-e80r $~980.00
Jnent: 11. 0 % $ 1.711.81 $ 4.000.00 $ 5.711.81 $ 19.980.00
Rev 9/89
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().lyer's r.-)ym",nt !'l('I.,...:I'.il", will Mas f(.llow5:
3 $36.67
Whlln Payments are r-Je
lD<)nthly ,;ollllllenClng 2/28/92 . and continuiOJ
until _Al~/92 or such time as Student is
no longp.r enrolled at Dickinson lor in an
approved full-tIlDe off-campus program of
studies). whIchever is earlier,
Nl.IUlbet.. (.f Payment:;! Am!)l mt of p,)yments
72 $76.13
monthly cC1IIIIOOnciOJ 5/28/92 or such time as
Student is no IOOJer enrolled at Dickinson
lor in an appt-oved full-time off-c!lJDpus
program of studies), whichever is earlier.
1.,1.", ch"r'J"': If " p<l>'Dl"'nt 15 more than 15 days late a sum equivalent to 5% of the late
{.:.:.ymt'nt (but no more than $2,50 and not less than $1.00) may be charged.
r1''''",ym.>nt: Buyer may prepay the unpaId balance of the 1unount Financed and any FINANCE
(:HARlJF. dllp. thn:oUgh the date of early payment. in full or in part. without
r.~nalty,
:n~ ~;!')'r I' 'N VI Of THE O.llITRAr.'r Bl-lf)W FOR ANY 1\DDITIONAL INFORMATION Aa.VI' NON-PAYMEtIT.
i'iFHIfLT MI[l IID,:>I./IRED REPAYHEm' BEfURE 1liE SCHEDULED DATE FOR REPAYMEtIT OF 1liE AM)lMl'
[" \ NANCED,
,
I I I , I1DIIZATION OF AMOUNT FINANCED
".:Iffh pt'ice of Gocds and Services: $ 19.980.00
." 'f0tal d.)wn payment: 15.980.00
J. IJnr.'nd l)31.3/ice of cash pl"ice 11 - 2): 4.000.00
4. l'.lllount paId to others on a'yel"'s behalf: -0-
r::l. ~'unt F'inan.:ed (3 + 41: $ .& non nn
IV. CREDIT INSURANCE
Cn"di t life insw"ancc for the term of this Contract is not required,
V, toKl WARRANTIES
1HERE ARE Nt) WARP.ANTIE3. ElTIiER EXPRESSED OR IMPLIED. GIVEN BY SEU.ER IN CONtID:1'ION
,/Ill-! SALE (IF 1liE (~))(lS AND SF.RVICE3 COVEREl. BY 'I1iIS COt-frnACT UNI..ESS Bl.lYffi HAS BEEN GIVEN II
:':ErIlRJlTE WR rn'EN WAf.j;:Afo<CY..
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VI. ADDITIONAL PROVISIONS
1.
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8lyer 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 mU5t be made to First Wachovia, Inc. at the
fOllowing address:
First Wachovia. Inc.
P.O. Box 70095
Charlotte. NC 28272-0095
2. 8lyer'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 8lyer timely cures any default.
3. 8lyer shall be deemed to have committed an "Event of Defaul t" 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 8lyer of crime involving fraud or
dishonesty.
(f) insolvency or bankruptcy of any 8lyer.
4, Upon or after the occurrence of any Event of Default. Seller will provide B..1yer with
notice. by certified mail as required by law. addressed to B..1yer's last known address
as shown on Seller's records. advising B..1yer of the default and of B..1yer's right to
cure the default. The notice will provide the time. amount and performance necessary
to cure the default. If B..1yer 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 B..1yer 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 caU5e Seller to lose any other rights.
6. This Contract is freely assignable by Seller, B..1yer agrees that upon receiving notice
of the assignment B..1yer 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.
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9. 00Ns00 TO JURISDICTION. vmJE AND 5mVlCE: The parties to this Agreement consent am
agree that all legal proceedilYJS relatirq to the subject matter hereof shall be
maintained in the Coort of Common Pleas of CUmberlam 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 am venue for such
proceedilYJS shall lie exclusively within said court. Service of process in any such
proceedirq 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 birdirq upon the parties hereto. their heirs, successors.
assigns and legal representatives.
11. TIME IS OF lliE E9SE}/CE OF nns comR1\CT.
tm'ICE: Wi OOlDER OF nns CONSUMER CREDIT CONTRACT IS SUBJEX:l' TO ALL ClAIMS AND ~
WHICH lliE DEEJroR COOlD 1I::itl1:~(1 AGAINSI' lliE SELLER OF GOOOO OR SERVICES OBI'AINED PlJlBJANl'
Iil:J.tr;IO OR WInllliE FOC" .:., a HERIDF. REXX)IJER'{ HEmllNDER BY lliE DEBTOR SliALL tm' EXCEED
AMOONI'S PAID BY nlE DEBTOR HIJIDlNDER.
tm'ICE TO BUYER: (1) 00 tm' SIGN n1IS AGREEMENl' BEFORE YOU READ IT OR IF IT CONTAINS ANY
BLANK SPACE. (2) YOU ARE nITI1UD TO A <::cMPLErELY FIlilD-IN cr::Fi OF n1IS AGREEMENI'. (3)
UNDER lliE LAW. YOU HAVE lliE RIGHT TO PAY OFF IN ADVANCE nlE FUlL AI<<XJNI' roE AND UNDER
CERI'AIN OONDITIONS TO OBI'AIN A PARI'IAL REfUND OF lliE FINANCE aiARGE.
BJ'iER(S) Aa<NOWI..ID3E(S) REX:EIVI~ A COMPLEl'ED COPY OF n1IS CONTRACT AND INmID(S) TO
BE LE3AlLY B:XJND BY I15 TERMS.
BJ'iER(S): ~ ~
I AGREE TO REPAY ALL AM:XJNI'S DUE ON n1IS !DAN IF lliE OORROWER(S)!BJYER(S) FAIlS TO
00 00 IN ACCORDANCE WIn! lliE 'I'ERMS OF 11iE NOIE:
sruonIT 003IGNER ~ ~
TRANSCRIPT OF A STUDENT'S RECORD WILL NOT BE RELEASED
IF LOAN PAYMENTS TO THE COLLEGE ARE IN ARREARS OR DEFAULT.
DATE:
DIC<INOON OOlLE3E
2-tj-92-
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BY
4
EXHIBIT "C"
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DIC<INSON OOLUl3E f1.E)(IBLE FINANCI~ S'iSl'EM - 7000 PLAN
mJCATION1\L GOOr6 AND SERVICES REl7\IL IN51'Al.l1-IENT comR1\CT
~te February 7, 1992
1. Seller:
Dickinson College. Carlisle. Pennsylvania 17013
Harold R. Usner
8Jyerls) :
80 Icehouse Hill Road
Stevens, PA 17578
If there is more than one 8Jyer. each of you will be obligated. jointly and severally.
for all sums due and for the perfonnance of all agreements as provided in this Contr.:\ct,
Under the tenns of this Fducational Goods and Services Retail Installment Contract,
YOll have agreed to pay the expenses incurred for gocds and services to be provided and
rendered. as the case may be. to Eric Usner
(hereinafter "Student") durirg hislher enrollment at Dickinson College during the 1991-92
academic year. includirg tuition. room and board. books and supplies as herein stated
lhereinafter the "Goods and Services") .
The Goods and Services shall include only tuition. room and board.
II. TffiMS OF PAYMEm' AND PAYMENf SCHEDULE
Disclosures Required by Federal Law
ANNUAL PERCENrAGE FINANCE CHARGE: AMOUNT FINANCED: TOTAL OF PAYMENrS: TOTAL SALE
RA1E: * D:lllar amount Amount of credi t Amount paid by PRICE:
Cost of credit as credi t wi 11 provided by 8Jyer as total of Total cost of
yearly rate cost 8Jyer Dickinson College all scheduled purchase on
payments credit. in-
cludirg down
payment of
:Ii 16.580.00
9.50 1,722.49 3,400.00 5,122.49 19,980.00
% :Ii :Ii :Ii :Ii
Rev 9/89
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aayel" s payment schedule wIll re as tollows:
Number ot Payments Amount ot Payments
111
.Variable Rate:
I..a.te Charge:
Prepayment:
When Payments are [)Je
$46.14
Monthly commencing 2/28/92
until 5/28/01
The ANNUAL PrncENrAGE RATE disclosed above IS a variable rate and may
change. The ANNUAL PrncENrAGE RATE may increase during the term of
this transaction if the prime rate ot Interest announced in the Wall
Street Jourrldl as of the close ot business on June 30 of each calendar
year increases. and wi 11 be increased to the prime rate plus 1%. The
ANNUAL P~AGE RATE wi II 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 wi II be
in the form of higher payment amounts, If your cost of the Goods and
Services sold hereunder were $ 3.400.00 at 9.5 % per annum for
.-ll.1. months. and the prime rate plus 1% were increased to 10.5 %.
your regular monthly payments would increase to $ 48.00 . Further.
the ANNUAL P~AGE RATE wi 11 not increase 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 loot no more than $2.50 and not less than $1.00) may be
charged.
fuyer may prepay the unpaid balance of the Amount FlIlanced and any
FINANCE OIARGE due through the date ot early payment. in full or in
~. without penalty.
SEE SEcrION VI OF 1liE CXlNIWt.CT BELOW FOR AN'{ ADDITIONAL INroRMATION ArolTI' NON-PAYMENT.
DEFAULT AND RmUIRED REPAYMENT BEFORE 1liE SCHEIJULED DATE FOR REPAYMENT OF 1liE AM:::lUNI'
FINANCED.
III. ITEMIZATION OF AM:::lUNI' FINANCED.
1. Cash price of Goods and Services:
$
19,980.00
16,580.00
3,400.00
o
3,400.00
2, Tota I down payment:
3. Unpaid balance of cash price (1 - 2):
4. Amount paid to others on BJyer's behalf:
5. Amount Financed (3 + 4):
$
2
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IV, CREIlTT INSURANCE
Cretin I He 1n.'31.u'.,nc-I" fOl' the ter1D M thIs Contl',)ct IS not I'equil'ed,
V. NO WARHANTlffi
1lirnE ARE NO WARRANTIES. EI1lirn EXPRESSED OR IMPLIID. GIVEN BY SEU..ER IN \XlNNEt.-rION
WITIl SALE OF 1liE GOODS AND srnvICES \XlVERFD BY TIllS c.'OtITRAcr UNLESS l3l.JYffi HAS Bf>>l GIVEN A
SEPARATE WRITIEN WARRAmY,
VI. ADDITIONAL POOVISIONS
I, fuyel- agrees to pay Seller the Total Sale Price by maJ<lng the total down payment IInd
paying Seller the Total of Payments in the number and amount .,1' 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
Olarlotte. NC 28272-0095
2. fuyer'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 Olarge whenever the amount is paid in full in advance. and (with Seller's
consent) to reinstate the Contract if fuyer timely cures any default.
3. fuyer shall be deemed to have committed an "Event of Default" of the Contract upon the
occurrence of any of the following:
(a) failw-e 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 perfonn any other provision of the Contract.
(d) providing Seller with false information or signatures.
(e) death. incompetence. or conviction of any fuyer of crime involving fraud or
dishonesty.
(f) insolvency or bankruptcy of any fuyer,
4. Upon or after tht! occurrence of any Event of Default. Seller will proVide fuyer with
notice. by certified mail as required by law. addressed to fuyer's last known address
as shown on Seller's records. advising fuyer of the default and of fuyer's right to
cure the default. The notice will provide the time. amount and performance necessary
to cure the default. If fuyer 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 fuyer 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, fuyer agrees that upon receiving notice
of the assignment fuyel- shall be obligated to the Assignee of this Contract. which
Assignee shall have all of Seller's right and remedies.
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7. if any part of thlS 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 effectlve.
8, APPLICABLE llIW: This Agreement. whenever called upon to be construed. shall be
governed by the domestic intemal laws of the Commonwealth of Pennsylvania except to
the e>:tent supplemented. superseded or preempted by federal law.
9. CONSENI' 10 JURISDICTION. VENUE AND 5mVICE: 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 mai 1. 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 1liE ~ OF TIiIS cx:>NrnACT.
l'DTICE: ANY HOLDffi OF nus 00NSl.JI.Irn CREDIT cx:>NrnACT IS SUBJEX:'T TO AU. CLAIMS AND OEf'E}lSES
WHICH 1liE DEBTOR COULD ASSERl' AGAINST 1liE SE:l.lm OF GOO!:S OR 5mVICES OmINED PURSUwr
I1J:ltt;IU OR WIni 1liE I"I\\.U:J:l.b HmEDF. REX:XlVmY HERFJJNDffi BY 1liE DEBTOR SHALL l'DT EXCEED
AMJUtffi3 PAID BY 1liE DEBTOR HEml.lNDffi.
l'DTICE 10 BUYrn: (1) 00 l'DT SIGN TIiIS AGREEMENI' BEFORE YOU READ IT OR IF IT OONl'AINS ANY
BLANK SPACE. (2) YOO ARE ENITIl..ID 10 A OOMPLErELY FILLED-IN ropy OF niIS AGREEIDTI'.
(3) UNDffi 1liE llIW. YOU HAVE 1liE RIGHT TO PAY OFF IN ADVANCE 1liE FUlL AMJUNI' DUE AND UNDER
cmrAIN CONDITIONS 10 OmIN A PARTIAL ID1JND OF 1liE FINANCE 0iARGE.
BUYER(S) Aa<ooWLED3ECS) REXEVI~ A C<lolPLErED OOPY OF niIS comRACT AND ItmIDCS) TO
BE I.mAU.Y OOUND BY ITS TmMS.
FJJ'imCS) :-tf1~ l/
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I AGREE TO REPAY AU. AMOUNTS DUE ON niIS LOAN IF 1liE IDRRO'WmCS)!FJJYmCS) FAILS 10
00 00 IN ACCORDANCE WITIi 1liE TmMS OF 1liE NCII'E:
sruomr COOIGNrn ~ ~
TRANSCRIPT OF A STUDENT'S RECORD WILL NOT BE RELEASED
IF LOAN PAYMENTS TO THE COLLEGE ARE IN ARREARS OR DEFAULT.
DATE:
OIO<INOON rou.a;E
2 - 7- q-z..
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McN"ES. WALLACE & NURICK
100 PINE STREET
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SHERIFF'S RETURN
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
In the Court of Common Pleas of
Cumberland County, Pennsylvnaia
No. 94-1589 Civil Term
Complaint in Civil Action Law
and Notice
Dickinson College
VS
Harold R. Usner and Eric Usner
R. THOMAS KLINE, Sheriff. who being duly sworn according to law,
says. that he made diligent search and inquiry for the within named
defendant. to wit:
Harols R. Usner and Eric Usner
but was unable to locate them
in his bailiwick. He therefore
deputized the sheriff of
Lancaster
County, Pennsylvania.
Action Law and Notice
to serve the within
Complaint in Civil
On
April 15. 1994
, this office was in receipt of
the attached return from
Lancaster
County, Pennsylvania.
Sheriff's Costs:
Doc ke t ing
Out of County
Surcharge
Lancaster County
So answers:
18.00
5.00
4.00
57.40
84.40 pd.
before me
<,/
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R. THOMAS KLINE. Sheriff
by
atty 4-l5-94
$
Sworn and subscribed to
this 1'1 ~ day of G,JMJ'
l
19 Q'I ,A.D.
q/U;U-O C- 71 ufC(..... .ttlr~ .
Prothonotary
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SHERIFF'S DEPARTMENT
./ 1 OF ,2
,
50 NORTH OUKE STREET, LANCASTER, PENNSYLVANIA 17602 '(717) 299.8200
SHERIFF SERVICE
PROCESS RECEIPT, and AFFIDAVIT OF RETURN
1 PlAINTlFF/SI
DICKINSON COLLEGE
3 DEFENDANT/SI
INsmucnONS FOR SERVICE OF PROCESS on th. ........ 01 th.IOItINO.l!l
5) copy of thl. form. PI.... type 0' prinll.glbly. Do not d.tach .ny COllie..
2 COURT NUMBER
94-1589 Civil Term
4 TYPE OF WRIT OR COMPLAINT'
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HAROLD R. USNER AND ERIC USNER COMPLAINT
S.VE { 5 NAME OF INDIVIDUAL, COMPANY, C0RPORATlON, ErC, TO SERVICE OR DESCRIPTION OF PROPERTY TO BE LEVIED, ATTACHED OR SOLO.
HAROLD R. USNER" . ,
6. ADDRESS 1511eel or AFO. Apartment No, !IV. (Joro, wP_. Slalo and ZIP Codo) ~
AT 80 ICELAND HILL ROAD, STEVENS, PA 17578
7, INDICATE UNUSUAL SERVICE, 0 COMMON. OF PA. 0 DEPUTIZE [J orHERcumberland
Now, MArch 3] 19 94 , I, SHERIFF OFXXIQ&XSlEll COUNTY, PA" do
Lancas ter County to execute this Wrl
to IBW. This deputation being made atlhe request and risk of the plaintiff,
8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE:
'"
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cumberland
CUMBERLAND CO
NOTE ONLY APPLICABLE ON WRIT OF EXECUTION: N.D. WAIVER OF WATCHMAN - Any deputy sheri" leVYing upon or BUnching any proporty under
wilhin writ may Icavo sarno wilhoul II watchman, in custody 01 whomevor is found in possession. aller notifying porson of levy or attachment. withoulllabihty on
Ihe part 01 such deputy or the sherilf to any plaintiff herem lor any loss, destruclfon or removal of any such propel1y before sheriff's sale thereat,
9. SIGNATURE 01 ATT NEY or othor ORIGINATOR 10. TELEPHONE NUMBER 11. OAT
]). ,1,1) (717) 232-8000 3
12. SEND NOTICE OF SERVICE OPY 0 NAM AN ADDRESS BELOW: lThl1 .r.. mUlt bl compl,led If notice II 10 be mall'd)
Brett D. Davis, Esquire, McNees, Wallace & Nurick, 100 Pine Street,
PO Box 1166, harrisburg, PA 17108-1166
SPACE BELOW FOR USE OF SHERIFF ONLY - DO NOT WRITE BELOW THIS LINE
SIGNATURE 01 Authorized LCSO Deputy or Clork and Tille 14. Date Received 15. Expiration/Hearing dato
4/6/94 4/29/94
13.1 acknowledge receipt ollhe Wfll.1
or complain I as indicated above
JUDY MORRIS
16 I hereby CERTIFY and RETURN lhall 0 have personally Setved~' . have logal evidence 01 servico as shown in "Remarks". 0 have execuled as shown in
"Remarks8.the wrll or complain I de5cflbod on lhe indiVidual, co any, corporation, etc.. al tho address shown above or on lhe individual. company. cor"
porahon. elc., ollhe address Inserted below by handling a TR E and ATTESTEO COPY lhereof,
17 U I hereby certlly and return a NOT FOUNO because I am unable to localo tho individual. company. corporation. olc.. named above. (5(10 remarks below)
18. Name and hlle of individual served III nol show above) 19.
oN ,; ~ I IN e
o Address 01 where served (Complele only it dillerenl than sho",," abovellSlreel orA D. Apartment No..Cily.Boro, Twp.
Stato and ZIP COde)
A person 01 \ullableageand dl'Cfellon
lhen '."dlng, In Ihe delend.n!'s usual
place 01 abode 0
21. Oalo of SeMcO 22, Time
23. ATTEMPTS
f;:l/f~
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AM
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24, Advance Cosls
R75166 100.00
40.00
30. REMARKS
31. AFFIRMED and suhscrtbed 10 bet ore me this J/!!J:
34. dav Ol~~ 19'1~
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37 ~ '<. 4..l,1.... ~* . LU rJ-"-L
Pro'hon{)lll~tTVrr:1i'.II" rlmll\-
MY COMMISSION [AP1R[S
---
38 I ACKNOWLEDGE nEC(IPT or HIE SHERIFF'S RETURN StGNATURE I
or AUTHORIZED IS~~~!iP~.! ~~D Tll!:!_
33 Dale I
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50 NORTH DUKE STREET, LANCASTER, PENNSYLVANIA 17602' (717) 299.8200 ..~
.' .. ,. .':.,........;...............,....':.}
INSTRUCnoNS FOR SEfMCEOFPROCE86onlh._oI1h.~~(No;,i~
5) copy cllhl.form, P_typo or IlIInlloglbly. Do not dotocb oilY...... .
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2. COURT NUMBER ::l
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SHERIFF SERVICE
PROCESS RECEIPT, and AFFIDAVIT OF RETURN
1. PLAINTlFFISI
DICKINSON COLLEGE
3. DEFENDANTISI
4. TYPE OF WRIT OR COMPLAINT:
COMPLAINT
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ERIC USNER & HAROLD USNER
SERVE {5' NAME OF INDIVIDUAL, COMPANY, CORPORATION, ETC., TO SERVICE OR DESCRIPTION OF PROPERTY TO BE LEVIED, ATTACHED OR SOLD.
~ ERIC USNER
..,... 8. ADDRESS (Sir..' or RFD. Apartment No.. City, Boro, Twp,. Slale Bnd ZIP Code)
AT 80 ICELAND HILL RD., STEVENS, PA.
7. INDICATE UNUSUAL BERVlCE: 0 COMMON. OF PA. 0 DEPUTIZE 0 OTHER
Now, 19. I. SHERIFF OF LANCASTER COUNTY, PA" do hereby deputize the Sheriff 01
County to execute this Writ end make return thereol according
to law. This deputation being made at the request and risk 01 the plaint''',
8, SPECIAL INSTRUCTIONB OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE:
.....
'"
SHE'U" OF lANCA8TEA CQU""'"
CUMBERLAND CO
NOTE ONLY APPLICABLE ON WRIT OF EXECUTION: N,a, WAIVER OF WATCHMAN - Any depuly .heri" levying upon Dr e".chlng eny properly under
within writ may leave same without 8 wltchman,l" custodyof whomever Is found In pOlsesslon, after notifying person of levy or aUaChment, wllhout Uablllly on
the part of such deputy or the sheriff to any plaintiff herein lor any loss. deslrucllon or removal 01 Bny such property belore sherifr. sale thereof.
8. SIGNATURE 01 ATTORNEY Dr other ORIGINATOR 10. TELEPHONE NUMBER 11. DATE
BRETT D DAVIS, ESQ. AT MCNEES, WALLACE & NURICK
3/30/94
232-8000
12. SEND NOTICE OF SERVICE COPY TO NAME AND ADDRESB BELOW: (Thll lral mu.' bl complllod II noll.o I. 10 bl mlUld)
POB 1166,
HARRISBURG, PA 17108-1166
SPACE BELOW FOR USE OF SHERIFF ONLY - DO NOT WRITE BELOWTHIS,LINE..;'.:'~1,W;.i.\~tN;t
SIGNATURE of Authorized LCSD Deputy or Clork and TlUe 14. Date Received 15. Expiration/Hearing date
13,IacknDwledge receipt at the writ I
or cDmplalnt as Indicated abDve.
16, I hereby CERTIFY and RETURN thai I 0 have persDnally served, have legal evidence D' service as shown In .Remarks.,D have execuled as shDwn In
~Rem8rks", the writ or complaint described on Ihe Individual, CDm any. cDrporatlDn, elc., at thO address shown above oron Ihelndlvidual,cDmpany,cDr-
poratlDn, elc" at the address Inserted below by handling a TR E .nd AnESTED COPY Ihereot.
17,01 he,eby certlly and retutn a NOT FOUND because I am unable tD IDcala the Individual, company, corporation, etc., named above. (See remarks below)
18. Name and title 01 Individual aervt!.SlJII ""'YhD"'," above) (RelatlDnshlp tD De' danl) 19. ApI'lonolluuabl..g.anddllcreUon
'u_ 'II~""~' ~L2... J '4 I /I G"'_.~~' 1.I.ro".'...'.'.'."'...."'.'..'
""~ 6" ~r~'" - 't::::h.uO"" 'V VJ "..,.".....,179 pl.c. ol.bode,O
20. Address f where served (COmp!~lp onlyll qUferent Ihan shown above (SlreelorRFO,ApartmentNo.,C 21. Dale 01 SeMce 22. Time
S'.'e e.d Zip Code) /o() <</ /9S"n /oIJTi!:!rJ /1 V G.
e'?;'.e~?;.). $ ~.4~ //:4)
....
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23. ATTEMPTS
Oep, InL
24. Advance Costs
R75166
30. REMARKS:
S.T.A.:
31. AFARMED and subSCribed to belore me thlo
34. d.y 01 ,
37CQa.'<-v ~,l,(..'~.~
f'rothnnul .patytttOtIryPiml~
MY COMMISSION EXPJRtll
38. I ACKNOWLEDGE REC[IPT OF THE SHERIFF'S RETURN SIGNATURE I
OF AUTHORIZED ISSUING AUTHORITY AND TIlLE.
3.
39 D.'. ReceIved
LeSO.I.ten AlNnd~ 1m
I. ISSUINC AUTHORITY
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v.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 94-1589
DICKINSON COLLEGE,
Plaintiff
HOWARD R. USNER and
ERIC USNER,
CIVIL ACTION - LAW
Defendants
NOTICE OF ENTRY OF JUDGMENT
TO: Harold R. Usner and Eric Usner, Defendants
You are hereby notified that on ~
following Judgment has been entered ag
captioned case.
DATE:
~- 10 - qt_
1994, the
above-
I hereby certify that the
persons to receive this notice
of the proper
P. 236 are:
Harold R. Usner
Eric Usner
80 Iceland Hill Road
Stevens, PA 17578
McNEES, WALLACE & NURICK
By-B~~
Brett D. Dav s
Attorneys for Plaintiff
DICKINSON COLLEGE,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 94-1589
.
.
.
.
v.
HOWARD R. USNER and
ERIC USNER,
CIVIL ACTION - LAW
Defendants
PRAECIPE FOR ENTRY OF DEFAULT JUDGMENT
TO THE PROTHONOTARY OF CUMBERLAND COUNTY:
Pursuant to Pa, R. Civ. P. No. 1037(b), enter judgment in
favor of Dickinson College, Plaintiff in the above-captioned
action, and against Harold R. Usner and Eric Usner, Defendants in
the above-captioned action, for failure to file an Answer to
Plaintiff's Complaint within twenty (20) days from the date of
service of said Complaint and assess Plaintiff's damages in the
total sum of $16,420.21 as follows:
$15,804.98 as principal and $615.23 as interest through June
24, 1994, plus interest from June 25, 1994 until Defendants'
obligation is paid in full.
I hereby certify that a written Notice of Intention to File
this Praecipe for Entry of Default Judgment was given in accor-
dance with Pa, R. Civ. P. No. 237.1; a true and correct copy of
the aforesaid Notice is attached hereto.
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I hereby certify that the last known address of the
Defendants is 80 Iceland Hill Road, stevens, Pennsylvania 17578.
McNEES, WALLACE & NURICK
BYO~
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Attorney I.D. No. 62668
100 pine street
P. O. Box 1166
Harrisburg, PA 17108-1166
(717) 232-8000
Attorneys for Plaintiff
Dated: II-Z3.&1t
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DICKINSON COLLEGE,
Plaintiff
I IN THE COURT OF COMMON PLEAS
I CUMBBRLAND COUNTY, PENNSYLVANIA
I
I CIVIL ACTION - LAW
I
I
I
I NO. 94-1S89 civil Term
v.
HAROLD R. USNER and
ERIC USNER,
Defendants
IIOTIOI or IIITIIITIOII TO
INT.R JUDaM.NT BY D.rAULT
TOI Harold R. Usner and Eric Usner, Defendants
DATE OF NOTICEI May 13, 1994
IMPORTANT NOTICI
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION
REQUIRED OF YOU IN THIS CASE. UNLESS YOU ACT WITHIN TEN DAYS
FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST
YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER
IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT
ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR
TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET
LEGAL HELPI
COURT ADMINISTRATOR
Cumberland County Courthouse
Fourth Floor
Carlisle, PA 17013
(717) 240-6200
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MOTIeA IMPORTAHTB
A: Harold R. Usner and Eric Usner, Defendants
PECHA DE NOTICIA: May 13, 1994
USTED HA NO COMPLIDO CON EL AVISO ANTERIOR PORQUE HA PALTADO
EN TOMAR MEDIDAS REQUERIDAS RESPECTO A ESTE CASO. SI USTED NO
ACTUA DENTRO DE DIEZ (10) DIAS DESDE LA FECHA DE ESTA NOTICIA, ES
POSIBLE QUE UN FALLO SERIA REGISTRADO CONTRA USTED SIN UNA
AUDIENCIA Y USTED PODRIA PERDER SU PROPIEDAD 0 OTROS DERECHOS
IMPORTANTES. USTED DEBE LLEVAR ESTA NOTICIA A SU ABOGADO EN
SEGUIDA. SI USTED NO TIENE ABOGADO 0 NO TIENE CON QUE PAGAR LOS
SERVICIOS DE UN ABOGADO, VAYA 0 LLAME A LA OFICINA ESCRITA ABAJO
PARA AVERIGUAR A DONDE USTED PUEDE OBTENER LA AYUDA LEGAL.
COURT ADMINISTRATOR
Cumberland county Courthouse
Fourth Floor
Carlisle, PA 17013
(717) 240-6200
MCN~,E.S' WALLA~& NURICK
Byjjc.A () ~
Brett D. 1fa ..
Attorney I.D. No. 62668
100 Pine street
P. O. Box 1166
Harrisburg, PA 17108-1166
(717) 232-8000
Attorneys for plaintiff
Dickinson College
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Lorie A. Ta lor,
100 Pine street,
/larrisburg, PA
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MAY I. uno '0" DDMEITIC AND INTI"NAT10NAL MAIL, ODE
,,"OYIOI'OIIINIU"ANCE-POITMAITE"
Reelfv" 'flwn:
One pltu 01 otdin.fy mill .ddl....d to:
Eric Usner
80 Iceland /lill Road
stevens, PA 17578
PI Form 3111, Mlr. 1181 'U"'_I"I"U~'"
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DICKINSON COLLEGE, .
.
plaintiff .
.
.
.
v. .
.
.
.
HAROLD R. USNER and .
.
ERIC USNER, .
.
Defendants .
.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 94-1589 civil Term
HOTICE OF INTENTION TO
BH'l'BR JUDGMENT BY DEFAULT
TO: Harold R. Usner and Eric Usner, Defendants
DATE OF NOTICE: May 13, 1994
IMPORTANT NOTICE
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION
REQUIRED OF YOU IN THIS CASE. UNLESS YOU ACT WITHIN TEN DAYS
FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST
YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER
IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT
ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR
TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET
LEGAL HELP:
COURT ADMINISTRATOR
Cumberland county Courthouse
Fourth Floor
Carlisle, PA 17013
(717) 240-6200
~
~
. '
-'
. .
NOTIC~ IMPORTANTB
A: Harold R. Usner and Eric Usner, Defendants
FECHA DE NOTICIA: May 13, 1994
USTED HA NO COMPLIDO CON EL AVISO ANTERIOR PORQUE HA FALTADO
EN TOMAR MEDIDAS REQUERIDAS RESPECTO A ESTE CASO. SI USTED NO
ACTUA DENTRO DE DIEZ (10) DIAS DESDE LA FECHA DE ESTA NOTICIA, ES
POSIBLE QUE UN FALLO SERIA REGISTRADO CONTRA USTED SIN UNA
AUDIENCIA Y USTED PODRIA PERDER SU PROPIEDAD 0 OTROS DERECHOS
IMPORTANTES. USTED DEBE LLEVAR ESTA NOTICIA A SU ABOGADO EN
SEGUIDA. SI USTED NO TIENE ABOGADO 0 NO TIENE CON QUE PAGAR LOS
SERVICIOS DE UN ABOGADO, VAYA 0 LLAME A LA OFICINA ESCRITA ABAJO
PARA AVERIGUAR A DONDE USTED PUEDE OBTENER LA AYUDA LEGAL.
COURT ADMINISTRATOR
cumberland County Courthouse
Fourth Floor
carlisle, PA 17013
(717) 240-6200
McNEES,
By
Br tt D. Dav s
Attorney I.D. No. 62668
100 pine Street
P. O. Box 1166
Harrisburg, PA 17108-1166
(717) 232-8000
Attorneys for plaintiff
Dickinson College
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Ta lor parale
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MAY BE USED fOR DOMESTIC AND INTERNATIONAL MAIL. DOES NOT
PROVIDE fOR INSURANCE-POSTMASTER
R,cllneS From:
Harrisburg, PA
One piece ot ordinery mill .dd'....d to:
Harold R. Usner
80 Iceland Hill Road
Stevens, PA 17578
PS Fo,m 3817. Mar. 1889 'U..._I>lIII~'"
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