Loading...
HomeMy WebLinkAbout94-01590 .,,', )1 A ~ .. ;, . t . DICKINSON COLLEGE, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA . . . . . . . . . . LAW (I~t J~ CIVIL ACTION - NO. 94 - J5ro v. ARTHUR W. HUNT, Defendant . . 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 (20) davs after this comolaint and notice are served. bv enterina a written aooearance oersonallv or bv attor- nev and filina in writina with the court vour defenses or obiec- tions to the claims set forth aaainst vou. You are warned that if vou fail to do so the case mav oroceed without vou and a iudament mav be entered aaainst vou bv the court without further notice for anv monev claimed in the comolaint or for anv other claim or relief reauested bv the olaintiff. You mav lose monev or orooertv or other riahts imoortant to vou. 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~~ 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 , , : I" i ..~ i DICKINSON COLLEGE, plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. v. ARTHUR W. HUNT, Defendant COMPLAINT NOW COMES, Plaintiff, Dickinson College (hereinafter "DiCkinson"), by its attorneys, McNees, Wallace & Nurick, and files the within Complaint against Arthur W. Hunt. 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, Arthur W. Hunt, is an adult individual whose last known address is P.O. Box 204, Gwynedd, Pennsylvania 19436- 0204. 3. On or about October 1, 1984, Arthur W. Hunt, (hereinafter "Hunt") entered into an Educational Goods and Services Retail Installment Contract (hereinafter "First Contract") for expenses incurred for goods and services to be provided and rendered to his daughter, Rebecca Hunt, by Dickson during the 1984-1985 academic year. A true and correct copy of the First Contract is attached hereto and made a part hereof as Exhibit "A". ....',.,-.,;..~'':'':r;,,' .,'."'V~""r>1_ 4. On or about May 1, 1986, Hunt, entered into a Educational Goods and Services Retail Installment Contract (hereinafter "Second Contract") for expenses incurred for goods and services to be provided and rendered to his daughter, Rebecca Hunt, by Dickson during the 1985-1986 academic year. A true and correct copy of the Second Contract is attached hereto and made a part hereof as Exhibit "B". COUNT I 5. Paragraphs 1 through 4 are incorporated herein by reference thereto. 6. Under the terms of First Contract, Hunt agreed to pay Dickinson Two Thousand Five Hundred Dollars ($2,500.00) with interest at the initial rate of 11% per annum in forty-three (43) equal monthly installments of Twenty-Two Dollars and Ninety-Two Cents ($22.92) commencing on November 1, 1984, and with interest at 11% per annum in seventy-two (72) equal monthly installments of Forty-Seven Dollars and Fifty-Eight Cents ($47.58), commencing on June 1, 1988. 7. Under the terms of the Second Contract, Hunt agreed to pay Dickinson Five Thousand Two Hundred Fifty Dollars ($5,250.00) with interest at the initial rate of 10.499% per annum in one hundred thirty-two (132) equal monthly installments of sixty- Seven Dollars and Twenty-Two Cents ($67.22) commencing on June 1, - 2 - ,',. .~' ':.'J.I1'ffi.~t~',-"""~'"i::t':""\'~"."~"~-':~'4t-'~(+~,}t:~':'tT"< """'~:lJ:40:'l~,~~;~j!~~>-ti'ii.}>'1~t\\?t~:";it~~?:~~~}.(,~Jt~~~\?.\~. 1986. (The First Contract and the Second Contract are hereinafter referred to collectively as the "Contracts"). 8. 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 be charged." 9. The Contracts further provide that if an event of default of the Contracts 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." 10. On or about September 7, 1993, Hunt defaulted on his obligation under the Contracts 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. 11. 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 Hunt pursuant to the Contracts is Twelve Thousand Seven Hundred Forty-Five Dollars and Thirteen Cents ($12,745.13), which includes interest through December 8, 1993. 12. Dickinson has demanded payment of the obligation owed to it by Hunt, but Hunt has failed and refused to do so. WHEREFORE, Plaintiff demands judgment against Arthur W. Hunt in the sum of Twelve Thousand Seven Hundred Forty-Five Dollars - 3 - and Thirteen cents ($12,745.13), plus interest at $.746 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 in Quantum Merit: 13. paragraphs 1 through 12 inclusive are hereby incorporated herein by reference. 14. Having requested Dickinson College to loan money and doing so to the benefit of Hunt, Hunt became liable to Dickinson college for said money. 15. Hunt has been unjustly enriched by accepting said money without paying Dickinson college reasonable compensation therefor. 16. The total amount which Hunt has become enriched on account of the money loaned is Seven Thousand Seven Hundred Fifty Dollars ($7,750.00). 17. Dickinson college has demanded that Hunt pay this amount but Hunt has failed and refused to do so. WHEREFORE, plaintiff demands judgment against Hunt in the sum of Seven Thousand Seven Hundred Fifty Dollars ($7,750.00), - 4 - plus interest and costs of suit, which sum does not exceed the jurisdictional limit for compulsory arbitration. McNEES, WALLACE & NURICK By V~~ 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: - 5 - ,c.,~ 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. Dated: 3//'7(1(( o:17l'~'<-7..e. .-- Thomas Y Meyer '-.- EXHIBIT "A" ~ "..... (1~.. , iA... ' ,. "0, DICKINSON COLLEGE FLEXIBLE FINANCING SYSTEM - 2500 PLAN EDUCATIONAL GOODS AND SERVICES RETAIL INSTALLMENT CONTRACT Date October 1, 1984 1. Seller: Dickinson College, Carlisle, Pennaylvania 17013 Buyer(s): Arthur Hunt P. O. Box 204, Gwynedd, PA 19836 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 Rebecca (hereinafter "Student") during his/her enrollment at Dickinson College during the 1984-85 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 the following: Tuition 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 Amount 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 eluding down Prior to repay- payments payment of ment: 11 % $ 8.540.00 During repay- ment: 11 % $ 1. 986. 32 $ 2.500.00 $ 4 .486. 32 $ 11.040.00 o ,...., Buyer's payment schedule will be as follows: Number of Pa ments Amount of Pa ments When Pa ments Are Due 43 22.92 monthly commencing November I. 1984, and continuing until May I. 1988 or such time as Student is no long- er enrolled at Dickinson (or in an approved full-time off-campus pro- gram of. studies) , whichever is earlier. 72 47.58 monthly commencing June 1 1988 or such time as Student is no longer enrolled at Dickinson (or in an approved full-time off-campus program of studies), whichever is earlier. Late charge: If a payment is more than 15 days late, a sum equivalent to 5% of the late payment (but no more than $2.50 and not less than $1.00) may be charged. Prepayment: Buyer may prepay the unpaid balance of the Amount Financed and any FINANCE CHARGE due through the date of early payment, in full or in 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: $ 11,040.00 2. Total down payment: 8,540.00 3. Unpaid balance of cash price (1 - 2): 2,500.00 4. Amount paid to others on Buyer's behalf: .00 5. Amount Financed (3 + 4): $ 2,500.00 -2- ~ fII\ ,.., 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 I. Buyer agrees to pay Seller the Total Sale Price by making the total down payment and paying Seller the Total of Payments in the 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 Industrial Valley Bank at the following address: Industrial Valley Bank P.O. Box 433 Upper Darby, Pennsylvania 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 coaunitted 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 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. 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 iaunediately due and payable. -3- , '. r..','.-.. ..~'!iYr"':' ~."'~klt~~ ~ r-, 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 heirs. 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: (I) DO NOT SIGN THIS AGREEMENT BEFORE YOU READ IT OR IF IT CONTAINS ANY BLANK SPACE. (2) YOU ARE ENTITLED TO A COMPLETELY FILLED-IN COPY OF THIS AGREEMENT. (3) UNDER THE LAW, YOU HAVE THE RIGHT TO PAY OFF IN ADVANCE THE FULL AMOUNT DUE AND UNDER CERTAIN CONDITIONS TO OBTAIN A PARTIAL REFUND OF THE FINANCE CHARGE. BUYER{S) ACKNOWLEDGE{S) RECEIVI A COMPLETED CONTRACT AND INTEND{S) T BE, L ALLY~ BY BUYER{S): ~ / , '-/ '-!- &~. (~ti~_ . DATE: DICKINSON COLLEGE lo/l51g,-! By ~~.uJ AJ.-'J~_ .. ! .' I -4- .." EXHIBIT "B" ~ f"'J ,~'!" DICKINSON COLLEGE FLEXIBLE FINANCING SYSTEM -' 7000 PLAN EDUCATIONAL GOODS AND SERVICES RETAIL INSTALLMENT CONTRACT Date ~Iay 1. 1986 1. Seller: Dickinson College. Carlisle, Pennsylvania 17013 Buyer(s): Mr. Arthur U. Hunt 1421 Sumneytown Pike Gwynedd PA 19436 ). 0 H 7..- I' I' , , 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 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 Rebecca A. Hunt (hereinafter "Student") during his/her enrollment at Dickinson College during the 1985-86 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 the following: Tuition. ~oom and board. 11. TERMS OF PAYMENT AND PAnlENT SCHEDULE Disclosures Required by Federal Law ANNUAL PERCENTAGE I RATE: * Cost of credit as yearly rate FINANCE I AMOUNT FINANCED: CHARGE: Amount of credit Dollar amount provided by credit will Dickinson College, cost Buyer TOTAL OF PAYMENTS: Amount paid by Buyer as total of all scheduled payments 10.499 % $8.871 04 $ 3.623.04 $ 5.250.00 TOTAL SALE PRICE: Total cost of purchase on credit, in- cluding down payment of $ 6.880.00 $ 12 .130.00 ~~ .....,~"'~' """ f"', Buyer's payment schedule will be as follows: Number of Pa ents Amount of Pa ments When Pa ents Are Due 132 I Monthly commencing until Mny I. 1997 .Jllno ). 1QR/; 567.22 .Variable Rate: The ANNUAL PERCENTAGE RATE disclosed above is a variable rate and may change. The ANNUAL PERCENTAGE RATE may increase during the term of this transaction if the prime rate of interest announced in the Wall Street Journal as of the close of business on June 30 of each calendar year increases, and will be increased to the prime rate plus 1%. The ANNUAL PERCENTAGE RATE will not increase more than once a year, and the new interest rate will become effective on July 1 following the increase, if any, in the prime rate of interest. Any increase will be in the form of higher payment amounts. If your cost of the Goods and Services sold hereunder were $ 5.250.00 at 10% % per annum for 132 months, and the prime rate plus 1% were increased to 11% %. your regular monthly payments would increase to $ 7n ?~ 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 FINANCE CHARGE due through the date of early payment, in full or in part. Without penalty. Payments greater than the payoff amount but less than $3.00 will not be refunded. SEE SECTION VI OF THE CONTRACT BELOW FOR ANY ADDITIONAL INFORMATION ABOIIT NON- PAYMENT, DEFAULT AND REQUIRED REPAYMENT BEFORE THE SCHEDULED DATE FOR REPAYMENT OF THE AMOUNT FINANCED. -2- ~1<,' """ t"", Ill. ITEMIZATION OF AMOUNT FINANCED 1. Cash price of Goods and Services: $ 12,130.00 2. Total down payment: 6,880,00 3. Unpaid balance of cash price (1 - 2): 5,250.00 4. Amount paid to others on Buyer's behalf: 0 5. Amllunt Financed (3 + 4): $ 5.250.00 IV. CREDIT INSURANCE Credit life insurance for the term of this Contract is not required. V. NO WARRANTIES THERE ARE NO WARRANTIES, EITHER EXPRESSED OR IMPLIED, GIVEN BY SELLER IN CONNECTION WITH SALE OF THE GOODS AND SERVICES COVERED BY THIS CONTRACT UNLESS . BUYER HAS BEEN GIVEN A SEPARATE WRITTEN WARRANTY. VI, ADDITIONAL PROVISIONS 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 Industrial Valley Bank at the following address: Industrial Valley Bank P.O. Box 433 Upper Darby, Pennsylvania 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- y , . .,.-._.".<,:[.11,", j,,~,,:~;.!,~~; ~1'~j'J>;Y> , . """" ~ (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 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 ~ll 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 heirs, successors, assign~ 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: (I) DO NOT SIGN THIS AGREEMENT BEFORE YOU READ IT OR IF IT CONTAINS ANY BLANK SPACE. (2) YOU ARE ENTITLED TO A COMPLETELY FILLED-IN COPY OF THIS AGREEMENT. (3) UNDER THE LAW, YOU HAVE THE RIGHT TO PAY OFF IN ADVANCE -4- . ~ ~ f"t '. . . . THE FULL A.'lOUNT DUE AND UNDER CERTAIN CONDITiONS TO OBTAIN A PARTIAl. REFUND OF THE FINANCE CHARGE. BUYER(S) : COPY OF THIS ITS TERMS. BUYER(S) ACKNOWLEDGE(S) CONTRACT AND INTEND(S), DATE: DICKINSON COLLEGE tfl2l( ~ Bv \ \ 1) ). ')'-:J/~_..v...~ FOR DICKINSON COLLEGE USE ONLY For value received, Seller hereby sells, assigns, and transfers to Industrial Valley Bank and Trust Company all of Seller's rights, title and interest in this Educational Coods and Services Retail Installment Contract, with full reCDurse to Seller. This day of ~ ~ Q , 19 ~ DICKINSON COLLEGE, BY: \i-..; 0 I -^ -:-\. ~ l/~ ~. +"T~~- - ~,~ -- 1-:3 -5- . yU (11ft/. 7d~~fr~ ~~/; L Y W'i{J .,. >- >>- 0. .... - 4:J1: =-= lW:;;::)':! 0- g:z~~ In .,.0 ,.'> .- ."'%to, .... n-.-;.c:;,.. - ~~ ~~ 4 en' ...., ;,' ....".J.or. ...:,'~;~..! -IUl.!1W c:. ~.:~ :r Q. ('T') ~::J !5 c:;u :oc 0.1 .... >;.;>, ,~ V") ...., . .6 1-0 1'0 ~ -.::t- ~ ~1 ~'., ~ . '. -- ~...... " l.r) . -.> C"<:)V;:) ""' ~ .~ ~ j v~ ...." 1'\') ."'" ~ ~'i I"~,. _...._;.IJ.I!1"'''', . . SHERIFF'S RETURN COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUM9ERLAND In the Court of'Common Pleas of Cumberland County, Pennsylvania No. 94-1590 Civil Term Complaint in Civil Action Law and Notice Dickinson College VS Arthur W. Hunt 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. Arthur W. Hunt but was unable to locate his in his bailiwick. He therefore returns the and Notice NOT FOUND, as to the within named Complaint in Civil Action Law defendant., Arthur W. Hunt Montgomery County needs complete address will not serve P.O. BOx Sheriff's Costs. Docketing Service Affidavit SUrChllrge Out of County So answers.. /' j'/ ~.;:. 1.:..' ..' /c >.,';" " ;:'.e.-"''''''' /R. ;:O~~'~~IN~,~Sheriff l4.00 " $ 2.00 5.00 21. 00 Sworn and pd. by atty 5-5-94 subscribed to before me this II C!::' day of 4t~ 19 '1'/ A.D. ()l""_ () M,"O'd,' ~~. 1';Iothonotary I' . ~.." lIMIfff'IY"f; DICKINSON COLLEGE, plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 06- /596 v. d~ ARTHUR W. HUNT, Defendant 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 (20) davs after this comolaint and notice are served. bv enterina a written anDearance Dersonallv or bv attor- nev and filina in writina with the court your defenses or obiec- tions to the claims set forth aaainst vou. You are warned that if vou fail to do so the case may proceed without vou and a iudament mav be entered aaainst vou bv the court without further notice for anv monev claimed in the complaint or for anv other claim or relief reauested bv the olaintiff. You mav lose money or prooertv or other riahts imoortant to vou. 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 'I9IJI t>>f'V FROM ReCORD II Testimony whereof, 1 here unto set my hand and the 5021 01 sai C rt at Ca~lsle. Pal. T!l. da~ o. (1\'e ,\-I. 19a.x- By .q.~ 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 / i Pr '-XY(j f:....."'~ ~ ,; DICKINSON COLLEGE, . IN THE COURT OF COMMON PLEAS . Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA . . V. . CIVIL ACTION - LAW . . . ARTHUR W. HUNT, . NO. . Defendant . . COMPLAINT NOW COMES, Plaintiff, Dickinson College (hereinafter "Dickinson"), by its attorneys, McNees, Wallace & Nurick, and files the within Complaint against Arthur W. Hunt. 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, Arthur W. Hunt, is an adult individual whose last known address is P.O. Box 204, Gwynedd, Pennsylvania 19436- 0204. 3. On or about October 1, 1984, Arthur W. Hunt, (hereinafter "Hunt") entered into an Educational Goods and services Retail Installment Contract (hereinafter "First contract") for expenses incurred for goods and services to be provided and rendered to his daughter, Rebecca Hunt, by Dickson during the 1984-1985 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 May 1, 1986, Hunt, entered into a Educational Goods and services Retail Installment Contract (hereinafter "Second contract") for expenses incurred for goods and services to be provided and rendered to his daughter, Rebecca Hunt, by Dickson during the 1985-1986 academic year. A true and correct copy of the Second Contract is attached hereto and made a part hereof as Exhibit "B". COUNT I 5. Paragraphs 1 through 4 are incorporated herein by reference thereto. 6. Under the terms of First contract, Hunt agreed to pay Dickinson Two Thousand Five Hundred Dollars ($2,500.00) with interest at the initial rate of 11% per annum in forty-three (43) equal monthly installments of Twenty-Two Dollars and Ninety-Two Cents ($22.92) commencing on November 1, 1984, and with interest at 11% per annum in seventy-two (72) equal monthly installments of Forty-Seven Dollars and Fifty-Eight Cents ($47.58), commencing on June 1, 1988. 7. Under the terms of the Second contract, Hunt agreed to pay Dickinson Five Thousand Two Hundred Fifty Dollars ($5,250.00) with interest at the initial rate of 10.499% per annum in one hundred thirty-two (132) equal monthly installments of sixty- Seven Dollars and Twenty-Two Cents ($67.22) commencing on June 1, - 2 - ,,,,.,.., ,". ~',~',.-, -.g'i/'.' \'. " ,.....~. ~: I "', .~ ~ .. , I i .. ~ , . ,I WALLACE 1Ir NURICIC PI~"C .TREE." P. o. BoJC ..,. HARRISBURa. PA 17'08 f- ,,';;L' " ".<.-.~"" ""~," ki:ll~ 1986. (The First contract and the Second contract are hereinafter referred to collectively as the "contracts"). 8. 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 be charged." 9. The Contracts further provide that if an event of default of the Contracts 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." 10. On or about September 7, 1993, Hunt defaulted on his Obligation under the Contracts 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. 11. 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 Hunt pursuant to the Contracts is Twelve Thousand Seven Hundred Forty-Five Dollars and Thirteen Cents ($12,745.13), which includes interest through December 8, 1993. 12. Dickinson has demanded payment of the obligation owed to it by Hunt, but Hunt has failed and refused to do so. WHEREFORE, Plaintiff demands judgment against Arthur W. Hunt in the sum of Twelve Thousand Seven Hundred Forty-Five Dollars - 3 - and Thirteen Cents ($12,745.13), plus interest at $.746 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 in Ouantum Merit: 13. paragraphs 1 through 12 inclusive are hereby incorporated herein by reference. 14. Having requested Dickinson College to loan money and doing so to the benefit of Hunt, Hunt became liable to Dickinson college for said money. 15. Hunt has been unjustly enriched by accepting said money without paying Dickinson College reasonable compensation therefor. 16. The total amount which Hunt has become enriched on account of the money loaned is Seven Thousand Seven Hundred Fifty Dollars ($7,750.00). 17. Dickinson College has demanded that Hunt pay this amount but Hunt has failed and refused to do so. WHEREFORE, Plaintiff demands judgment against Hunt in the sum of Seven Thousand Seven Hundred Fifty Dollars ($7,750.00), - 4 - I I -'1 i I I I , , ~ . plus interest and costs of suit, which sum does not exceed the jurisdictional limit for compulsory arbitration. McNEES, WALLACE & NURICK By Br~ 1.0. No. 62668 100 Pine Street P. O. Box 1166 Harrisburg, PA 17108-1166 (717) 232-8000 Attorneys for Plaintiff Dickinson College Dated: - 5 - ~ \ ro'. . '.iIiii.-""":-' "'J!it'~'w,,,,,'''.'''' ., '.l~ .",..:::>::r.;;<>:'4l . 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. Dated: ?/1''1 (11( 1/).~J7l"~' '(.l...... Thomasy Meyer :i '. ~ J , , ;i~>'- :>,. ' ,.- l.L... 11',." ., .------ L.':' ,~, '~"~'., I, . EXHIBIT "A" , '....- "'.': '1 f .:0, DICKINSON COLLEGE FLEXIBLE FINANCING SYSTEM - 2500 PLAN EDUCATIONAL GOODS AND SERVICES RETAIL INSTALLMENT CONTRACT Date October I, 1984 I. Seller: Dickinson College, Carlisle, Pennsylvania 17013 Buyer(s): Arthur Hunt P. O. Box 204, Gwynedd, PA 19836 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 Rebecca (hereinafter "Student") during his/her enrollment at Dickinson College during the )q84-85 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 the following: Tuition 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 Amount 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 i Prior to repay- payments payment of I ment: 11 % $ 8.540.00 During repay- ment: 11 % $1.986.32 $ 2.500.00 $ 4 .486. 32 $ 11.040.00 . Buyer's payment schedule will be as follows: Number of Pa ments Amount of Pa ments When Pa ments Are Due 43 22.92 monthly commencing November I. 1984, and continuing until Mav 1. 1988 or such time as Student is no long- er enrolled at Dickinson (or in an approved full-time off-campus pro- gram of. studiea) , whichever is earlier. 72 47.58 monthly commencing June 1 1988 or such time as Student is no longer enrolled at Dickinson (or in an approved full-time off-campus program of studies), whichever is earlier. Late charge: If a payment is more than 15 days late, a sum equivalent to 5% of the late payment (but no more than $2.50 and not less than $1.00) may be charged. Prepayment: Buyer may prepay the unpaid balance of the Amount Financed and any FINANCE CHARGE due through the date of early payment, in full or in part, without penalty. SEE SECTION VI OF TIlE 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 I. Cash price of Goods and Services: $ 11,040.00 2. Total down payment: 8,540.00 3. Unpaid balance of cash price (I - 2): 2,500.00 4. Amount paid to others on Buyer's behalf: .00 5. Amount Financed (3 + 4): $ 2,500.00 -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 I. Buyer agrees to pay Seller the Total Sale Price by making the total down payment and paying Seller the Total of Payments in the 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 Industrial Valley Bank at the following address: Industrial Valley Bank P.O. Box 433 Upper Darby, Pennsylvania 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, (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 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. ~.. " i -3- o<r-' I' '.'lfti! 5. Waiver by Seller of any event of default ahal1 '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 heirs, 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 THE FULL AMOUNT DUE AND UNDER CERTAIN CONDITIONS TO OBTAIN A PARTIAL REFUND OF THE FINANCE CHARGE. DATE: DICKINSON COLLEGE I 0 1.J.i1 ~y By ~~~J A:LU~ -4- , ~ : _.1 ;,;1; :; '. ., EXHIBIT "B" ...~..-li ~---,.., ).0 H 'l-- DICKINSON COLLEGE FLEXIBLE FINANCING SYSTEM -' 7000 PLAN EDUCATIONAL GOODS AND SERVICES RETAIL INSTALLMENT CONTRACT Date ~lay I, 1986 1. Seller: Dickinson College, Carlisle. Pennsylvania 17013 Buyer(s): Mr. Arthur U. Hunt 1421 Sumneytown Pike Gwynedd PA 19436 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 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 Rebecca A. Hunt (hereinafter "Student") during his/her enrollment at Dickinson College during the 1985-86 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 the following: Tuition. ::oom and board. 11. TERMS OF PAYMENT AND PAYMENT SCHEDULE Disclosures Required by Federal Law 10.499 % $ 3.623.04 $ 5.250.00 $R.R73.04 TOTAL SALE PRICE: Total cost of purchase on credit, in- cluding down payment of $ 6.880.00 $ 12.130.00 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 132 S67 . 22 Monthly commencing until MAY I. IQQ7 .JlInp- 1 lQRti Buyer's payment schedule will be as follows: Number of Pa ents Amount of Pa ments When Pa ents Are Due *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 I 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 $ 5.250.00 at 10% % per annum for 132 months, and the prime rate plus 1% were increased to 11% %, your regular monthly payments would increase to $ 7n ?~ 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 FINANCE CHARGE due through the date of early payment, in full or in part, without penalty. Payments greater than the payoff amount but less than $3.00 will not be refunded. 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- ,. ,.-,,~ .~ Ill. ITEMIZATION OF AMOUNT FINANCED 1. Cash price of Coods snd Services: $ 12.130.00 2. Total down payment: 6,880.00 3. Unpaid balance of cash price (1 - 2): 5.250.00 4. Amount paid to others on Buyer's behalf: 0 5. Amount Financed (3 + 4): $ 5.250.00 IV. CREDIT INSURANCE Credit life insurance for the term of this Contract is not required. V. NO WARRANTIES THERE ARE NO WARRANTIES, EITHER EXPRESSED OR IMPLIED, CIVEN BY SELLER IN CONNECTION WITH SALE OF THE GOODS AND SERVICES COVERED BY THIS CONTRACT UNLESS . BUYER HAS BEEN CIVEN A SEPARATE WRI'l'IEN 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 psyments 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 Industrial Valley Bank at the following address: Industrial Valley Bank P.O. Box 433 Upper Darby, Pennsylvania 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, l'~ ".; _1IEl,,,.>:- :M.,.:,;><.. (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 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. 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 heirs, successors, assign~ and legal representatives. IQ. TUIE IS OF THR 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: (I) DO NOT SIGN THIS AGREEMENT BEFORE YOU READ IT OR IF IT CONTAINS ANY BLANK SPACE. (2) YOU ARE ENTITLED TO A COMPLETELY FILLED-IN COPY OF THIS AGREEMENT. (3) UNDER THE LAW, YOU HAVE THE RIGHT TO PAY OFF IN ADVANCE -4- (.....d.,..... ~ . . '. . '. TlIE FUU. A.'tOUNT DUE AND UNDER CERTAIN CONDITiONS TO OBTAIN A PARTIAL REFUND OF THE FINANCE CHARGE. COPY OF TlIIS ITS TERMS. BUYER(S) ACKNOWLEDG~(S) CONTRACT AND INTEND(S); BUYER(S) : DATE: DICKINSON COLLEGE tj~/(~ Bv \ , J) j. .A-:J/ _ .l/..~ FOR DICKINSON COLLEGE USE ONLY For value received, Seller hereby sells, assigns, and transfers to Industrial Valley Bank and Trust Company all of Seller's rights, title and interest in this Educational Goods and Services Retail Installment Contract, with full reCDurse to Seller. day of. ~ _' Q. , 19 ~ DICKINSON COLLEGE, BY: \~ 0 I ^ -:-\. .. v~ ~. ;-"T~~- -~," - This "'"1-::} -5- (', ....... ."'; ,~""~ .... .- !.u" ~.~.~_JDt1t} . .~. OF':!;",:" ('W ~'1!' :;flf:fl~F':: r" .~ H~R 3/ LJ i.il ':ii ., ~.t PL" J.. i".:,\ " ~...,~~-,,~...~ ,... . . ,. . .; DICKINSON COLLEGE, Plaintiff v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 94-1590 ARTHUR W. HUNT, Defendant PRAECIPE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Counsel moves the Court to reinstate the Complaint in the above-captioned matter which was filed on or about March 30, 1994, to be able to obtain service of the Complaint upon Defendant. McNEES, WALLACE & NURICK BYB~e~ D~ Qa~ Attorney 1.0. No. 62668 100 Pine street P. O. Box 1166 Harrisburg, PA 17108-1166 (717) 232-8000 Attorneys for Plaintiff Dickinson College Date: May 11, 1994 McNEES. WALLACE 0. NURlCK 100 PINE aTflCcT 16, O. .0. I'.. HARRISBURO. pA 17108 , - ~~ '-, a; ~ IT' ... ~!: ;!!'; at 'w.I"r',' D':.r..C'~l, .~~~(:' &t .. . . ~. ,,'. .. - - - ,.... .I ,,;: (~ --- i...,1W.,: ,". 1IIiIi",~ . ..~. .. SHERIFF'S RETURN COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND In the Court of Common Pleas of Cumberland County, Pennsylvnaia No. 94-1590 Civil Term Reinstated Complaint in Civil Action Law and Notice Dickinson College VS Arthur W. Hunt R. THOMAS KLINE, Sheriff, who being duly sworn according to law, says, that he made diligent search and inquiry for the within named defendan t, to wi t: Arthur Hunt but was unable to locate him in his bailiwick. He therefore deputized the sheriff of Montgomery County. Pennsylvania, to serve the within Reinstated Complaint in Civil Action Law and Notice On June l3, 1994 , this office was in receipt of the attached return from Montgomery County, Pennsylvania. Sheriff's Costs: Docketing 14.00 Out of County 5.00 Surcharge 2.00 Montgomery County 28.00 $ 49.00 pd. by atty Sworn and subscribed to before me 6-l3-94 .10 if: day of 9-,,-"-- So a. nswer~: ~. /}/ /0 ./)d:-.'~/ ;:. .~,. ;i. THOMAS KLINE, Sheriff this 19 9'( , A.D. (~...;t'.... C, )1.. i",_ I tlJ1f . , I Prothonotary , , ~~~ '.. jt'. .. ", 1'.1 . NUMBER Q- 2761 DATE June 3. 1994 Dickinson College COMMONWEALTH OF PENNSYLVANIA COUNTY OF MONTGOMERY V5. Arthur W. Hunt 230 McKesn Rear Road. Ambler, PA 19002 NO SERVICE SO ANSWERS ...,..,..",.,.., FRANK p, LALLEY SHERIFF OF MPNTGOMERY COUNTY W. Galluzzo BY DEPUTY MEMO, June 2. 1994 @ 08:25, Bsd address. No 200 block of McKean Road. All 3'& 4 digits starting at 900 and going up. so ...... 032,. M"l' 86 >' '.',.'~.._~.~._--",. ^"..,,,,,,,_c~, """"~~'.-'_ ~,.- . " i , /1 , . ~ .'-'- .,~ . 111 Tng Court or C.:mmon ?le=s or C:.n....::::::lt.j=nd C:=u:;~'Y, Pannsyl'lc::r.i::: Dickinson.College 'is. Arthur W. Hunt ~o, Q.4-1590...("-I,,-I' ""'~,..m :~- :iow, MAY 26. lqq4 :9---. !. S~~:: O? C~G:E:?.!..A...'m COt.~':''lI!'. :'.0\... c!a :~ cL::u= t!:: ShdJI' oi Mnnt90mPTV ~u:ty :0 ~J:= .:.... '.V:::, 60. .. 6 6' 6 66 . ...... =--=u:::cn :~6"a" -.. ..- :It ::::: :=u:::n ::0. :"~ 01 6 ~ ... == :n..:_::i. r~~~~ SlIe.."'l::! ot S::::!:er'..1I:d C~II:Q'. :':1. Affida.vit or Sem~ :Sow, ~9 . .- o'dea ~L 1=-.-= . ... :.:= ':"It:::n 6.1pca :1t by::u:~:a 3. c::py at :::e 0::;-:-" r ... :md -~,:- lc:OWl1 :D ::.e -:::1t=~ ====i. So =w=. Sl:ciii .1 CoWlCT. ?:z. 5WCr::1 md s::i:sc:-.b::i == . == :=s QY oi 19_ cosrs ::.c..~ V1C::: ~cru.-\GZ A~: u.M, "irL' .s "---- s f_ 6-4 l ~,,;,,~, ....- ':"r_._. -, ~ '" , ~t ~ , , . , .. ~. '" " , . .:. , MC:NItES,WALL.\CIE " NURrc/( loot-'NO: lITIlO:I:T .' . ". 0, .ox .... HANNI..Ulla. p", 1'108 ., ~';Iil"'~"""",,,,'i!l;""'>"":'."'.c.,....;.,, "'''''':"fj,N,.,.,... . ..-. ,. "::':-''''''.. >4;fl~'niiIC1',J?i',;4t~f;lH,lJ.l:""i.;',,.. '~r':ii1ii,*,~~~.:.... '>""Y'~,,, . """, .. "~". ....... ..., '.. . ! f \. \ I ,..; . , r- DICKINSON COLLEGE, Plaintiff v. ARTHUR W. HUNT, . Defendant :. --. -'. _:;~~":i-:<>:.,try f:" ..........,;:.,..,.,........,,' - b,.,,'tiJc,.~,....~... .... iJl!:.~-&;,::',..><..,}','.,'j.;::',,:\;;a.,' r .' , . . . . . . . . . . . . . . IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - NO. ~4- /5-,0 LAW ~L.::J~ 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 (20) davs after this comolaint and notice are served. by enterina a written aooearance Dersonallv or bv attor- ney and filina in writina with the court vour defenses or obiec- tions to the claims set forth aaainst vou. You are warned that if vou fail to do so the case mav oroceed without vou and a judament mav be entered aaainst vou bv the court without further notice for anv monev claimed in the comolaint or for any other claim or relief reauested bv the olaintiff. You mav lose monev or orQoertv or other riahts imoortant to vou. 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 ~ - ~ It'I1 In> (""r)' ~>- ';t- ,-",. \Ut')':,,;)~. ~'~<'z l4I,.Q,C,).., :~I~~~' . ,'):;>- :'_..") ,'.;~'; ,~ ; .~l4, ,. ::.Q '.. ;:'J ~(" = ......,. a: :ij!. 1 TRUE COpy FROM RECORD tn Testimony whereof. I here unlD set my hand and the seal of sal C at Carlisle. ~./, T . Il da 0 D,r.L l 19.!L.L McNEES, WALLACE & NURICK BY~ Brett D. Davis 1.0. No. 6266B 100 Pine Street P. O. Box 1166 Harrisburg, PA (717) 232-8000 Attorneys for Plaintiff Dickinson College 17108-1166 t:~;-"t~t:-;i'/~'~" ,.;}~,~:,~~:' . , t' r- v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. . DICKINSON COLLEGE, plaintiff ARTHUR W. HUNT, Defendant COMPLAINT NOW COMES, Plaintiff, Dickinson College (hereinafter "Dickinson"), by its attorneys, McNees, Wallace & Nurick, and files the within Complaint against Arthur W. Hunt. 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, Arthur W. Hunt, is an adult individual whose last known address is P.O. Box 204, Gwynedd, Pennsylvania 19436- 0204. 3. On or about October 1, 1984, Arthur W. Hunt, (hereinafter "Hunt") entered into an Educational Goods and services Retail Installment Contract (hereinafter "First Contract") for expenses incurred for goods and services to be provided and rendered to his daughter, Rebecca Hunt, by Dickson during the 1984-1985 academic year. A true and correct copy of the First Contract is attached hereto and made a part hereof as Exhibit "A". . , r r . . 4. On or about May 1, 1986, Hunt, entered into a Educational Goods and services Retail Installment Contract (hereinafter "Second contract") for expenses incurred for goods and services to be'provided and rendered to his daughter, Rebecca Hunt, by Dickson during the 1985-1986 academic year. A true and correct copy of ~he Second Contract is attached hereto and made a part hereof as Exhibit "B". COUNT I 5. Paragraphs 1 through 4 are incorporated herein by reference thereto. 6. Under the terms of First Contract, Hunt agreed to pay Dickinson Two Thousand Five Hundred Dollars ($2,500.00) with interest at the initial rate of 11% per annum in forty-three (43) equal monthly installments of Twenty-Two Dollars and Ninety-Two Cents ($22.92) commencing on November 1, 1984, and with interest at 11% per annum in seventy-two (72) equal monthly installments of Forty-Seven Dollars and Fifty-Eight Cents ($47.58), commencing on June 1, 1988. 7. Under the terms of the Second Contract, Hunt agreed to pay Dickinson Five Thousand Two Hundred Fifty Dollars ($5,250.00) with interest at the initial rate of 10.499% per annum in one hundred thirty-two (132) equal monthly installments of sixty- Seven Dollars and Twenty-Two Cents ($67.22) commencing on June 1, - 2 - : , , r t 1986. (The First Contract and the Second Contract are hereinafter referred to collectively as the "contracts"). 8. 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 iess than $1.00) may be charged." 9. The Contracts further provide that if an event of default of the Contracts 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." 10. On or about September 7, 1993, Hunt defaulted on his Obligation under the Contracts 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. 11. 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 Hunt pursuant to the Contracts is Twelve Thousand Seven Hundred Forty-Five Dollars and Thirteen Cents ($12,745.13), which includes interest through December 8, 1993. 12. Dickinson has demanded payment of the obligation owed to it by Hunt, but Hunt has failed and refused to do so. WHEREFORE, Plaintiff demands judgment against Arthur W. Hunt in the sum of Twelve Thousand Seven Hundred Forty-Five Dollars - 3 - . . r r and Thirteen Cents ($12,745.13), plus interest at $.746 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 in Ouantum Merit: 13. Paragraphs 1 through 12 inclusive are hereby - incorporated herein by reference. 14. Having requested Dickinson College to loan money and doing so to the benefit of Hunt, Hunt became liable to Dickinson College for said money. 15. Hunt has been unjustly enriched by accepting said money without paying Dickinson College reasonable compensation therefor. 16. The total amount which Hunt has become enriched on account of the money loaned is Seven Thousand Seven Hundred Fifty Dollars ($7,750.00). 17. Dickinson College has demanded that Hunt pay this amount but Hunt has failed and refused to do so. WHEREFORE, Plaintiff demands judgment against Hunt in the sum of Seven Thousand Seven Hundred Fifty Dollars ($7,750.00), - 4 - ~ ('.....,:,.,..~" ,~i>:~f' lii~';:~',;;.~;~,t;".. c-.t'WIjI.: c f: . . plus interest and costs of suit, which sum does not exceed the jurisdictional limit for compulsory arbitration. McNEES, WALLACE & NURICK By B~~ I.D. No. 62668 100 pine Street P. O. Box 1166 Harrisburg, PA 17108-1166 (717) 232-8000 Attorneys for Plaintiff Dickinson College Dated.: - 5 - ~ , I'.;,.,~.. . "..........w. .".,-_..."" -...._'1'0.'. . . r r: -, '. 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. Dated: 3/1') {f'}lf ..-~ ,/),'j" 7'.-..'..,..'. ...... " I 'Thomas ~ Meyer ..- c- ':';"""'" t.2:1 , . ~.-, j .' I I "{ I , t " '. , 1 j i.4 'i EXHIBIT "A" . . I' r r '''''''''' ....-: ' ,.' .~t)1 " , DICKINSON COLLEGE FLEXIBLE FINANCING SYSTEM - 2500 PLAN EDUCATIONAL GOODS AND SERVICES RETAIL INSTALLMENT CONTRACT Date October I, 1984 . . 1. Seller: Dickinson College. Carlisle, ~ennsylvania 17013 Buyer(s): Arthur Hunt P. .0. Box 204. Gwynedd, PA 19836 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 Rebecca (hereinafter "Student") during his/her enrollment at Dickinson College during the . 1984-85 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 the following: Tuition 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 Amount 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 Prior to repay- payments payment of ment: 11 % $ 8.540.00 During repay- ment: 11 % $ 1. 986. 32 $ 2.500.00 $ 4.486.32 $ 11.040.00 . . 0""."" r c . . '. Buyer's payment schedule will be as follows: Number of Pa ments Amount of Pa ments When Pa ments Are Due 43 22.92 monthly commencing November 1. 1984, and conti~uing until May 1. 1988 or such time as Student is no long- er enrolled at Dickinson (or in an approved full-time off-campus pro- gram of. studies) , whichever is earlier. 72 47.58 monthly commencing June I 1988 or such time as Student is no longer enrolled at Dickinson (or in an approved full-time off-campus program of studies), whichever is earlier. Late charge: If a payment is more than 15 days late. a sum equivalent to 5% of the late payment (but no more than $2.50 and not less than $1.00) may be charged. Prepayment: Buyer may prepay the unpaid balance of the Amount Financed and any 'FINANCE CHARGE due through the date of early payment, in full or in 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: $ l1,040.0D 2. Total down payment: 8,54D.00 3. Unpaid balance of cash price (1 - 2): 2,500.00 4. Amount paid to others on Buyer's behalf: .00 5. Amount Financed (3 + 4): $ 2,500.00 -2- . , /' I -.'" . ""-"\"'. " .~,~~ r r " 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 Industrial Valley Bank at the following address: Industrial Valley Bank P.O. Box 433 Upper Darby, Pennsylvania 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 ttmely 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 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 ttme. 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. -3- ~ ',:,\'.l,'--,.f ---~-G- "M'M.6~-~ '. .' . 'itfll'~ . . c r 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 an~ 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 heirs. 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 THE FULL AMOUNT DUE AND UNDER CERTAIN CONDITIONS TO OBTAIN A PARTIAL REFUND OF THE FINANCE CHARGE. BUYER(S) AC:KNOWLEDGE(S) RECEIVI A COMPLETED OPY~ OT S CONTRACT AND INTEND(S) T BE, LALLY" BY TERM :- BUYER(S): I j /. ,':'&,- -:., AI Ii.. - 'I., -.:". j I \...!.o 1l"C.. t,l..(,'lA....-_ . f..' ('10--./' , ',-...,,. . DATE: DICKINSON COLLEGE lo~g... ~ A~.. By -4- .. r~",.:.;;,::.. d'd~"",L:;;';. U!;~i'f..;';'--';'t-$:":-~~>"-~' ;'-.<<'A' f. , , (j r EXHIBIT "B" " . . r r .' ).0) ~ "1-- '. DICKINSON COLLEGE FLEXIBLE FINANCING SYSTEM -' 7000 PLAN EDUCATIONAL GOODS AND SERVICES RETAIL INSTALLMENT CONTRACT Date May 1, 1986 I. Seller: Dickinson College, Carlisle, Pennsylvania 17013 Buyer(s): Mr. Arthur U. Hunt 1421 Sumneytown Pike Gwynedd PA 19436 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 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 Rebecca A. Hunt (hereinafter "Student") during his/her enrollment at Dickinson College during the 1985-86 academic year, including tuiti~n, room and board, books and supplies as herein stated (hereinafter the "Goods and Services"). The Goods and Services shall include only the following: Tuition, :oom 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 amount 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 $ 6.880.00 10.499 X $ 3.623.04 $ 5.250.00 SR.R71.nA $ 12.130.00 I ~-L~,"d;- r r . Buyer's payment schedule will be as follows: Number of Pa ents Amount of Pa ents When Pa ents Are Due 132 Monthiy commencing until MAV I. IQQ7 .TunA 1. 1 QR" S67.22 . *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 IX. The ANNUAL PERCENTAGE RATE will not increase more than once a year, and the new interest rate will become effective on July 1 following the increase, if any, in the prime rate of interest. Any increase will be in the form of higher payment amounts. If your cost of the Goods and Services sold hereunder were $ 5.250.00 at 10\ % per annum for 132 months, and the prime rate plus 1% were increased to 11\ %, your regular monthly payments would increase to $ 7n ?~ 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 FINANCE CHARGE due through the date of early payment, in full or in part, without penalty. Payments greater than the payoff amount but less than $3.00 will not be refunded. 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- _.,...",-,," , ~11Uj;t\~,:, 0, " . . ("" r -, -. III. ITEMIZATION OF AMOUNT FINANCED 1. Cash price of Goods and Services: $ 12,130.00 2. Total down payment: 6,880.00 3. Unpaid balance of cash price (1 - 2): 5,250.00 4. Amount paid to others on Buyer's behalf: 0 5. Amount Financed (3 + 4): $ 5,250.00 IV. CREDIT INSURANCE Credit life insurance for che 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 co Industrial Valley Bank at the following address: Industrial Valley Bank P.O. Box 433 Upper Darby, Pennsylvania 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, ~ ru . , . f7, t' 00 '0 (c) failure to perform any other provision of the Contract, (d) providing Seller with false informstion 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 perIormance 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 ~ll sums due on the Contrsct 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 snd 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 heirs, 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 t . . THE FUU. A.'iOUNT DUE AND UNDER CERTAIN CONDITiONS TO OBTAIN A PARTUL REFUND OF THE FINANCE CHARGE. BUYER(S) ACKNOWLEDG~(S) CONTRACT AND. INTEND(S) BUYER(S) : COPY OF THIS ITS TERMS. DATE: DICKINSON COLLEGE If/~I( ~ D 1 ^~..~ Bv \ \ FOR DICKINSON COLLEGE USE ONLY For value received, Seller hereby sells, assigns, and transfers to Industrisl Valley Bank and Trust Company all of Seller's rights, title and interest in this Educational Goods and Services Retail Installment Contrsct, with full recourse to Seller. ~ay of. ~ -' Q DICKINSON COLLEGE, BY: \ () I ^ '":1.. .Dr.. ~ _. This -z..~ .,,~ ~1L ;-,' ~ V'I\ _ - _ -' T TLE , .- -5- '.' .. . "._ t. .\ J ~ 1^:J) c( (11 i (1 ~fLM.-,l-t: ~t-w...dl-tl tl ' r;i}f~~ r" . , . " ..-~ r. 1,....1... I , .."., , . . . " '