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. DICKINSON COLLEGE,
Plaintiff
..
~N THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANXA
CIVIL ACTION - LAW
..,
.,
v.
JOSEPH W. SOUDERS and
BETTY JO SOUDERS,
Defendants
NO.
COMPLAINT
1. Plaintiff, Dickinson college ("Dickinson") , 18 an
educational institution of higher learning which maintain. a
mailing address of P.O. Box 177J, Carlisl~, Pennsylvania 17013.
2. Defendants, Joseph W. Souders and Betty Jo Souders
(hereinafter collectively referred to as the "Defendants"), are
adult individuals whose last known address is 356 Red Hill Road,
Narvon, Pennsylvania 17555-9678.
COUIIT I
Dickin.on v. Defen4ant.
3. Paragraphs 1 and 2 are incorporated by reference herein.
4. On or about November 17, 1989, Defendants entered into a
Educational Goods and Services Retail Installment Contract
(hereinafter "First Contract") for expenses incurred for good. and
.ervic.s to be provided and rendered to Betty Jo Souders by
Dickinson during the 1989-90 academic year. A true and correct
copy of the First Contract is attached hereto and made a part
hereof as Exhibit "A".
5. On or about October 4, 1990, Defendants entered into a
Educational Goods and Services Retail Installment Contract
(hereinafter "Second Contract") for expense. incurred for good. and
.
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.ervic.. to be provided and rendered to Betty Jo Souder. by
Dickin.on during the 1990-91 academic year. A true and correct.
copy of the second contract is attached hereto and made a part.
hereof a. Exhibit "B".
6. On or about August 27, 1991, Defendants entered into a
Educational Goods and services Retail Installment contract.
(hereinafter "Third contract") for expenses inourred for good. and
services to be provided and rendered to Betty Jo Souder. by
Dickinson during the 1991-92 academic year. A true and correct
oopy of the Third contract is attached hereto and made a part
hereof as Exhibit "C".
7. Under the terms of the First contract, Def~ndant8 agreed
to pay Dickinson six Thousand Three Hundred Dollars ($6,300.00)
with interest at the initial rate of 11.776' per annum in One
Hundred Thirty-eight (138) equal monthly installments of Eighty-
three Dollars and Fifty-three Cents ($83.53) commencing on November
30, 1989.
8. Under the terms of the Second Contract, Defendants agreed
to pay Dickinson Seven Thousand Dollars ($7,000.00) with inter.st
at the initial rate of 10.788% per annum in One Hundred Twenty-
eight (128) equal monthly installments of Ninety-two Dollars and
Twenty-eight Cents ($92.28) commencing on Nov$mber 30, 1989.
9. Under the terms of the Third contract, Defendant. agreed
to pay Dickinson Six Thousand Dollars ($6,000.00) with inter..t at
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the initial rate of 9.5' per annum in One Hundred Seventeen (117)
equal monthly in.tallments of Eighty-six Dollar. and Seventy-one
cent. ($86.71) cOl1llllencing on September 28, 1991.
(The Firat
Contract, Second contract and Third contract are hereinafter
collectively referred to as the "contracts".)
10. The Contracts further provide that "[ i) f a payment i.
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."
11. The contracts further provide that if an event of default
of the contracts occurs, and is not cured by the borrower,
Dickineon had "the right to declare all sums due on the contract to
be illlDlediately due and payable."
12. Defendants defaulted on their obligation under the
contracts by failing to make the required monthly payments when
due. Despite being advised of the default on their obligation,
Defendant. have failed to cure such default.
13. In accordance with the terms of the Contracts, Dickinson
ha. declared the Contracts to be in default. The total amount
which became due and owing to Dickinson by October 20, 1994,
pur.uant to the Contracts is Seven Thousand six Hundred Nineteen
Dollar. and Thirty-eight Cents ($7,619.38), which includes intere.t
through October 20, 1994.
14. Dickinson has demanded payment of the obligation owed to
it by Defendants, but Defendants have failed and refused to do .0.
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WHEREFORE, Plaintiff demand. judgment against the Defendant.
in the .UII of Seven Thousand six Hundred Nineteen Dollar. and
Thirty-eight cent. ($7,6],9.38), plus interest at $1.45 p.r diell
froll October 20, 1994, until Defendants' obligation 1e paid in
full, plu. cost. of suit, which sum does not exceed the juri.dic-
tional limit for compulsory arbitration.
COUNT II
Diokin.on v. Jo.eDh Boucler.
15. Paragraphs 1 and 2 inclusive are hereby incorporated
herein by reference.
16. On or about september 8, 1988, Defendant, Joseph Souder.,
(hereinafter "Joseph") entered into an Educational Goods and
Service. Retail Installment Contract (hereinafter "Fourth
contract") for expenses incurred for goods and services to be
provided and rendered to Betty Jo Souders by Dickinson during the
1988-89 academic year. A true and correct copy of the Fourth
Contract i. attached hereto and made a part hereof as Exhibit "A".
17. Under the terms of the Fourth Contract, Defendant agreed
to pay Dickinson Seven Thousand Dollars ($7,000.00) with inter..t
at the initial rate of 9.999' per annum in One Hundred Fifty-Two
(152) equal monthly installments of Eighty-one Dollars and Thirty-
eight Cent. ($81.38) commencing on September 30, 1988.
18. The Fourth Contract further provides that "[i)l a payment
i. lIore than 15 daye late, a sum equivalent to 5' of the late
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payment (but no more thliln $2.50 and not lesll than $1. 00) may be
charged."
19. The Fourth Contraot further provides that if an event of
default of the contract oocurs, and is not cured by the borrower,
Dickineon had "the right to declare all sums due on the Contract to
be il\lDlediately due and payable."
20. Joseph defaulted on his obligation under the Contract by
failing to make the required monthly payments when due. Deepite
being advised of the default on his obligation, Joseph has failed
to cure such default.
21. In accordance with the terms of the Contract, Dickinson
hae declared the Contract to be in default. The total amount which
became due and owing to Dickinson by October 20, 1994, pursuant to
the Contract is Seven Thousand Eight Hundred Nine Dollars and
Sixteen Cents ($7,809.16), which includes interest through October
20, 19514.
22. Dickinson has demanded payment of the obligation owed to
it by Joseph, but Joseph has failed and refused to do so.
WHEREFORE, Plaintiff demands judgment against Joseph W.
Soudare in the sum of Seven Thousand Eight Hundred Nine Dollars and
Sixteen Cents ($7,809.16), plus interest at $1.45 per diem from
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October 20, 1994, until his obligation is paid in full, plue coete
of auit, which sum does not exceed the juriedictional limit for
compuleory arbitration.
McNEES, WALLACE' NURICK
By ~A\)D-
Brett b. Davis
I.D. No. 62668
100 pine Street
P. O. Box 1166
HarriSburg, PA 17108-1166
(717) 232-8000
Attorneys for Plaintiff
Dickinson College
Dated, \\-\-qq
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Subject to the penaltie. of 18 Pa. C.S. 54904 relatinv to
un.worn fal.ification to euthoritie., I hereby cartify that I e.
Tho". .. Heyer, Ae.i.tent co.ptroller of Dickin.on collava, and
1 e. authorized to verify thi. complaint on it. bahalf, and
further, that the fact. .et forth in the foregoing complaint are
true and correct to the be.t of my information and belief.
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IIXH18IT "A"
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DIO<INOON COUB3E f'LEXlBU: FlNAtlClOO SYSml - 7000 PUN
IDJCATIONAL oo:JOO AND srnvlcrn RF:rAIL IN51'MJ.MmI" cotrrRACf
D5te
November 17, 1989
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~yer(I!):
Dickinson College, Carlisle. Pennsylvania 17013
Joseph W. Souders
356 Red Hill Road
Narvon. PA 17555
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1. Seller:
It there is more than one BJyer. each of you will be obligated. jointly ani severally.
for all 8IJIIlB due aoo for the perfonnance of all agreement5 as provided in thia Contract,
Uooer the ter1llB of this Educational Goods and Services Retail Installment Contract,
you Mve agreed to pay the ~xpenses incurred for goods and services to be provided and
rendered. as the case IIIdY be. to Bettv Jo Souders
(hereinafter "Student") durirg his/her enrollment at Dickinson College durirg the 1QAQ_GO
acedellic year, including tuition. room and board. books and supplie5 as herein 5tated
(hereinafter the "Goods and Services") ,
The Goods and Services shall include only tuition. room ard board.
II. '!mIS OF PAYMENI' AND PAYMENI' SCHEDULE
Di5closure5 Required by Federal Law
>>INUAL P~ FINANCE CHARGE: mJUNT FItWlCID: TOiAL OF PAYMEm'S: TOI'AL SALE
RATE: · Dollar amount Amount of credit Amount paid by PRICE:
CoIIt of credi t as credit will provided by BJyer as total of Total cost of
yearly rate C05t BJyer Dickinson College all scheduled purchase on
payments credit. in-
clu:1ing down
pa)l1llent of
S 11.000.00
11.776 , S 5,227.14 S 6,300.00 S 11.527.14 :J 11,300.00
Rev 9/89
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a1yer's payment schedule will be as follows:
When Payments are Due
~r of Payments Amount of Payments
138
*Variable Rate:
Lat<e Olarye:
11 nn/Rq
$83.53
Monthly commencing
until 6/30/01
The ANNUAL PERCENrAGE RAn: disclosed above is a voriable rate an:! may
change. The ANNUM. PERCENrAGE RAn: may increase during the tenn of
this transaction if the prime rate of interest announced in the Wall
Street Journal as of the close of b.Jsiness on June 30 of each calerdAr
yeor increases. an:! will be increased to the prime rate plU5 1%. The
ANNUAL PrncENThGE RAn: wi 11 not increase more than once a year. an:!
the new interest rate will become effective on July 1 following the
increase. it any. in the prime rate of interest, Any increase wi 11 be
in the fonn of higher payment amounts, If your cost of the Goods and
Services sold hereurder were $ 63nO nn at l' no % per lIMum for
-1JiL months. an:! the prime rate plus 1% were increased to 13.00 %.
your r~lar monthly payments would increase to :I 87.23 Further.
the ANNUAL prncENT~GE RAn: wi 11 not increase to more than 18% or such
other rate as may be pennitted urder the Pennsylvania Good.5 an:!
Services Installment Sdles ~ct,
It a payment is more than 15 days late. a sum equivalent to 5% of the
late payment (rot no more than $2.50 an:! not less than $1.00) may be
charged,
8Jyer may prepay the unpaid balance of the Amount Financed and any
FIN>>ICE CHAAGE due through the date of eorly payment. in full or in
part. without penalty.
sa: srerION VI OF 1liE com1V\cr BELOW FOR ANY ADDITIONAL INFORMATION ABJUT OON-P1WMENr.
rEnULT AND RmUIRED 1ID'~YMENl' BEFORE TIlE SCHIDJUD D~n: FOR RFP~YMENl' OF TIlE m:::uNr
nNANCED .
Prepayment:
III. ITEMIZATION OF AM:iUNT FINANCED
1. wh price of Goods am Servi.ces:
S 17 .30Q.00
11.000.00
2. Total down payment:
3. Unpaid balance of cash price (1 - 2):
4, Amount paid to others on 8Jyer's behalf:
5. Mount Financed (3 + 4) :
6,300.00
$ 6,300.00
2
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IV, CREDIT INSURANCE
CredIt life inaul'an("~ for the tenn ot -this Contract is oot required,
V, NO WARAANTIffi
1llmE ARE NO lfARIW(I'IES. EITHER EXPRESSED OR IMPLIm. GIIffil BY SELLER IN CONtID:L'ION
Wlnt SALE OF '!liE G(X)OO AND srnVIC'rn COVERED BY nus COmHACf UNLESS BUYrn HilS BErn Gllffil A
SfPARATE WRITIEN WAHJWm',
VI. ADDITIONAL PROVISIONS
1. ~yer agreell to pay Seller the Total Sale Price by making the total down payment and
paying Seller the Total of Payments in the number ard amount of monthly payment/.! 5hown
in the Payment Schedule Payments are due on or before the same date of each month as
the finst payment date, Payments must be made to First Wachovia. Inc, at the
following address:
First Wachovia. Inc,
P,O, Box 70095
Charlotte. NC 28272-0095
2. ~yer's legal rights include t.he right to pay all or part of the amount9 due on this
Contract in ~dvance of th~ir due dates. to obtain a refund or credit of unearned
Finance Charge whenever the amount is paid in full in advance. ard (with Seller's
consent) to reinstate the Contract if ~yer timely cures any default,
3. ~yer ehall be deemed to have cOllllDitted an "Event of Default" of the Contract upon the
oc~nce of any of the following:
(a) failure to make any payment on or before the date it i9 due.
(b) failure to make a payment on any other Contract outstarding with Seller.
(c) failure to perform any other provision of the Contract.
(d) providing Seller with false information or signature9.
(e) death. incOlllpetence. or conviction of any ~yer of crime involving frald or
dillhonesty.
If) ineolvency or bankruptcy of any ~yer,
4. Upon or after the occurrence of any Event of Default. Seller will provide ~yer with
ootice. by certified lIIdil as required by law. addressed to ~yer'9 last known addresll
as ehown on Seller's records. advising ~yer of the default ani of awer'9 right to
cure the default, The notice will provide the tilll"l. amount ani performance neceesary
to cure the defaul t, If a&yer does rot cure the defaul t as provided in the notice.
Seller'9 righte shall include the right to declarfl all SIJIIlB dU<9 on the Contract to be
illllllediately due and payable, The ~yer agrees to pay all attorneY'9 fees ani other
reasorWle collectlon costs ard charges necessary f"l' the collection of any amount oot
paid when due.
5. Waiver by Seller of any Event of Default shall not be birding upon Seller if Seller
should thereafter chooee to exercise that or any other right or a simi lar Event of
Default occurs later, All Seller's rights ani remedies shall be cumulative. Seller's
exercise of one or IIlCre rights shall oot cause Seller to lose any other rights.
6. Thi8 Contract is freely assignable by Seller. a&yer agrees that upon receiving rotice
of the as8ignment alyel' shall be obi igated to the Assignee of thill Contract. which
M8iqnee shell have all of Seller's right ani remedies,
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7, If any part of thlS Contract is held to be illegal. vOld or unenforceable. that
pl"Ollision shall 00 deemed not to have been a.part of thlS Contract, which shall
otherwise relDdln tully ~ftectlve,
6. APPl.ICllRl F. LAW: Th I S Agreement. whenever ca II ed upon to be construed. sha II be
governed by the domestic internal laws of the COIDmQnwealth of Pennsylvanla except to
the extent supplemented. supllmeded or' preempt..>d by teder.:ll law,
9. CONSENt'TO JlJl(ISOIcrION, VENUE MID SERVICE: The partles to thls ~'J1'eelllent consent aoo
agree that all legal proceedings relating to the subject matter hereof shall be
lD&intllined in the Court of Common Pleas of C\.imberlaoo County. Pennsylvania. or. it
applicable, the United States District Court of the Mlddle District ot Pennsylvania.
and all parties hereto consent aoo agree that jurisdiction ard venue for such
proceedin;rs shall lie exclusively within said court, Service of process in any such
proceeding IDdY be IDdde by certified mail. return receipt requested, dlrected to the
respective party lit the address set forth above,
10. This Contract shall be biooj,ng upon the parties hereto, their heirs. succeesors.
assigns ard legal representatives,
11. TIME IS OF nlE ESSENCE OF 1liIS CONTRAcr,
tm'ICE: ANi HOWffi OF 1liIS CONSUMm CREDIT CONTRAcr IS SUBJECr TO AlL ClJ.IMS MID DEI"E'li5rn
WHICH nlE DEBTOR COUlD ASSEm AGAINsr nlE SELLER OF G(X)DS OR SERVICE:> OE1'AINED PURSUAm'
HEm:I'O OR WI'Ill nlE PR0C'EEI:6 HERIDF. RECOVERY HElIDJNDffi BY 1liE DEBTOR SHAlL NO!' EXCEED
AIDJNl'S PAID BY nlE DrnroR HElIDlNDffi,
lCI'ICE 10 ElJ'x'rn: (1) 00 NO!' SIGN nns >.GREDaIT BEFORE YOO READ IT OR IF IT cot.fI'AINS ANi
BLAM< SPACE, (2) VOO ARE OOI1UD TO A COMPlEI'ELY FIUID-IN COPY OF 1liIS AGREEmIT,
(3) UNDER 1llE LAW. VO; HAVE 1llE RIGHT TO PAY OFf' IN ADVANCE 1llE ruu. AM:lUNT OOE /\NO UNDrn
CERl'AIN CONDITIONS TO OBTAIN A PARTIAl. REr'UND OF 1liE FINANCE CHA.R(,'E.
aNm(S) A<>>k)WI1D3E(S) RECEIVING A COMPu:rED COPY OF 'IllIS commcr MID Itm}l[)(S) TO
BE UJJAlLY a:xJND BV ITS ~,
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I AGREE TO RF.FA V AlL l\MJI~rrs DUE ON nns LOAN IF 1liE OORROWER (S) IRNER (S) FAIUI TO
00 9) IN ACCORDANCE WITIi TIiE TffiMS OF 1llE NC1I'E:
emJDOO COOIGNER \~~ 1o-v~
DATE:
DICI<INOON COlilIJE
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BY
4
EXHIBIT "B"
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DIO<INOON COI.llXJE FU:XIBLE FINANCING SYS'm4 - 7000 PLAN
IDJCATlONM. GCOOO AND smVI<:E3 RE'fAIL INSrAlJ1oIE}(I' comRAcr
Odtfl
October 4. 1990
&Jyel'(l!l) :
Dick1nson College. Carl1sle. Pennsylvania 17013
Joseph W. Souders
356 Red Hill Road
1. Seller:
Marvon. PA 17555
If there is more than one Buyer. each of you will be obligated. J01ntly and severally.
for all SUIIIS due and for the perfonnance of all agreements as prov1ded 1n this Contr.lct,
Uo::Ier the terms fJt th1s lliucatlonal Goods and Services Retail Insta llment Contract.
you have agreed to p'.ly the ~~nses 1ncurred tor goods ao::l serv1ces to be provided am
reo::lered. as the case lIlay be. to .1^,<:~ Setty Jo
(hereiMtter "Student") dUrlN] his/her enrollment at Dickinson College duri~ the 1990~1I1
academic year. incllJdiN] tU1t1on. room and board. books am suppl1es as here1n stated
(hereinafter the "Goods 010::1 Services") ,
The Goods ao::l Services shall include only tuition. room am board.
II, TrnMS OF PAYMrnI' AND PAYMENT SCHEDULE
D1sclosures Required by Federal Law
10.788
%
J 4,811.84
J 7 ,000.00
:J 11.811.84
tarA!. SALE
PRICE:
Total cost of
purchase on
credit. in-
cltJdinq down
p'.lyment of
:S 11,630.00
J 18.630.00
ANMJAL PmcrnrAGE
RATE: .
Cost of credit as
yearly rate
FINANCE CHAOOE:
Dollar amount
cred1t wi 11
cost Buyer
AMJIMI' FINANCED:
Amount of credi t
provided by
Dickinson College
tarA!. OF PAYMENTS:
Amount paid by
&Jyer as total of
all scheduled
payments
Rev 9/89
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8.lyel" s paym~nt schedule WIll ]:;0. (IS follows:
When p,)ytDo!nts ,:iI'''' Due
p,~ym'ln~,e Amount ,If p,\ym'lnts
128
.Vari,allle R~te:
lAte Charge:
PrepayJUlnt:
1 0/28/90
$92.28
Monthly commenClrrJ
unt II 5/28/01
The ANNUAL PERCEN11IGE RATE d1f5closed aoove 15 0 VOrl.:\lJle r.:lte am Illl!lY
charqe. The ANNUM. PERCENTAGE RATE IlIdY Increaee dunng the term <)f
thie transactIon If the prime rate of Intereet anrlOUl1ced in the Wall
Street J0I..U'T1/11 as of the close of bJsiness on Jl.ll1e .30 of .,ach c,~ lemar
year increases. and will be Increased to the prime rate plus 1%. Tho!
ANNUM. prnCD(!'ll.GE RATE wi II not increase more than once" year. ard
the new ll1tel'est rate will become ettectlve on ,July 1 [vll,)Wlrq 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 Goc'..ds ar..:!
Solrvices sold hereunder were $ 7.000Jll1. (it 11.00 't, per .:lnnUJll for
.-ll!. months. am the prime rate plus 1% Here Increas'Kl to 12.00 t,
your regular monthly payments would increase to $ 96.23 F\u'ther.
the ANNUM. PrncmrAGE RATE wi II not Increase to more than 18% or such
other rat"! as may' be permitted under the Pennsyl V3n13 Gocds and
Services IrlStallment Saies Act.
If a payment is more th3n 15 days late. 3 sum equIvalent to 5% of the
late payment (but no more than $2.50 and not less than $1.00l may be
charged,
8.lyer may prepay the I.ll1paid ~lance of the Amol.ll1t FW:inced and any
FINANCE CHARGE due through the date of early payment. in full (;1' in
pll't. wlthout penalty.
SEE SEC1'ION VI OF -mE CONTRACT BELOW FOR ANY ADDITIONAL INroRMATION MDlIr NON-PAYMENT.
DEFAULT AND RmUIRED REPAYMENT BEFORE 'tHE SCHEDULEIl DATE FOR REPAYMENT OF THE m")lM!'
FIN~.
III, I1DIIZATION OF AMJUNT FINANCED
1. Cash pnce of Goods am SeT"l1ces:
:I
18,630.00
11,630.00
7.000.00
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2, Tota 1 down payJUlnt:
J. UnpaId balance of cash pnce (1 - 2) :
4, Amount paId to others on DJyer's behalf:
:I
7,000.00
'5, Amount FiMnced (J . 4) :
~
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IV,
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CREDIT INSURANCE
. (y""ilt lIfe 1l1SU!',ln,:'" ["I' the ter:m c'f ~_hls (-"Jntr,',,:~. 16 not 1''''rllred.
V, NO WARf.:ANTIrn
1liffiE ARE NO WARRANTIES, EITI-lrn EXPRESSED OR IMPLIED, 13IVDI BY 3EU.rn IN CONNB.:-rION
WIni SALE OF TIlE GOODS AND SERVICES COVERED BY TInS CONTRACT UNLE3S 81Nrn HAS BEEN GIVDI A
SEPARATE WRITTEN WARRANTY,
VI, ADDITIONAL PROVISIONS
1. 8.lyer agrees to pay Seller the Total Sale Price by malurq the total down payment and
payirq Seller the Total of Payments 111 the number and amol.ll1t 01' monthly payments shown
in the Payment Schedule. Payments are due on or before the sallie date of each month as
the first payment date. Payments must be made to FIrst Wachovla. Inc, at the
followirq address:
First Wachovia. Inc.
P.O. Box 70095
Charlotte. NC 28272-0095
2. 8.lyer'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 cr'Kllt of lJnearned
Finance Charge whenever the amol.ll1t 15 paId in full in advance. and (WIth Solller's
consent) to reinstate the Contract if 8.lyer timely cures any default.
3. 8.lyer shall be deem.ed to have committed an "Event of Default" ,)f thoe Contnet upon the
occurrence 01' any of the foll(Jwirq:
(al failure to make any payment on or before the date it is due.
(b) fai lure to make a payment on any other Contract outstanding with Se ller.
(c) failure to perform any other provision of the Contract.
(d) providirq Seller with false information or signatures.
(e) death. incompetence. or conviction of any Buyer of crime involving fraud or
dishonesty.
(fl insolvency or bankruptcy of any 8.lyer.
4. Upon or after the occurrence of any Event of Default. Seller will provide 8.lyer with
notice. by certified mail as req'o-lired by law. addressed to Buyer's last known address
as shown on Se ller' e records. advising Buyer of the defaul t am of &lyer' s right to
cure the detaul t. The not ice wi 11 provide the time. amount am performance necessary
to cure the default, It 8.lyer does not cure the defaul t as provided in the notice.
Seller's rights shall include the right to declare all SUlllS due on the Contract to be
illllllediately due and payable. The 8.lyer agrees to pay all attorney's tees am other
reasoruble collectIOn costs and charges necessary for the collection of any amol.ll1t not
paid when due.
5. Waiver by Seller of any Event of Default shall not be biOOlrq upon Seller if Seller
should thereafter choose to exercise that or any other right or a slmi I,ll' Event of
Def~ult occurs later. All Seller's rights am remedIes shall be cumulatIve. Seller's
exercise of one or lIlore rights shall not c,:il.1Se Seller to lose any other rights.
6. This Contract IS f~'oeely assIgnable by Seller.
of the assignment &w",r shall be cJbllgat....:t to
Assignee shall have all of Seiter's right ,)rd
Buyer 'lgrp.es that 1l~''l1 receiving not ice
th"" Assi';rnee of thlS Contnlct, Which
remedies.
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7. If any part of this Contract IS held to Ce illegal. vOId or lmenforceable. that
provlsion shall be deemed not to have been a part ,)[ this C0ntract. which shall
otherwise remaIn fully effectIve,
8. APPLI<;AJlTF LAW: This Agreement. whenever called upon to be construed. shall b1l
governed by the dOlDestlc ll1temal laws of the Commonwealth of Pennsylvania except to
the extent supplemented, superseded or preempted by federa 1 law,
9. CONSENT TO JURISDIC1'ION, VENUE AND SERVICE: The partIes to thIS Agreement consent and
agree that all legal proceedings relatlrq to the subject matter hereof shall be
maintained in the Court of Common Pleas of CUmberlard COI.ll1ty. Pennsylvania. or. if
applicable. the United States District Court of the Middle District of Pennsylvania.
and all parties hereto cOrlSent aOO agree that jurisdiction and venue for such
proceedings ehall lie exclusively within said court. Service of process in any such
proceedirq may be made by cert.ified mail. return receipt requested. dIrected to the
respective party at the .:lddress set forth aOOve.
10. This Contract shall be birding upon the parties hereto. their heirs. successors.
assigns and legal representatives.
11. TIME IS OF THE E5SE}lCE OF nus CONTRACT.
tCI'ICE: ANY HOUlm OF THIS CONSUMER CREDIT CONTRAct' IS SUB.ID:T TO ALL CLAIMS AND DEFENSES
WHICH THE DEBroR COUUl ASSEm AGAINST -mE SELU1l OF GOODS OR SERVICES OBTAINED plffiSUANl"
HEm:I'O OR wrrn THE PIlOCEEIS HFl<roF. REmllmY HE1IDJNDm BY -mE DEBTOR SHllJ.L NOT EXCEFD
NOMl'S PAID FN THE DFfITOR HElIDlNDm,
tCI'ICE TO fllJ'im: (1) 00 NOT SIGN THIS AGREEMEm BEFORE YOJ READ IT OR IF IT COtm\INS ANY
BLANK SPACE. (2l '-{OJ ARE ENTITLED TO A cx:MPLErELY FIUID-IN COPY OF THIS AGREEMENI'.
(3) UNDm -mE LAW. YOJ HAVE -mE RIGHI' TO PAY OFF IN ADVANCE -mE FULL 1\1oO.0O' lXJE AND UNDm
cmrAIN CONDITIONS TO OBTAIN A PARTIM. REr1.JND OF 1HE FINANCE CHARGE.
OOynHSl ACKOOWUDGE(Sl RF:a:IVU.i3 A COMPI.EIID COPY OF TIIIS CONTRACT AND UrrEND(Sl TO
BE Lroi\ILY roJND ~I~ TERMS.
"""'''', ~ 4~, /~
I AGREE TO REPAY ALL AMOJNrS lXJE ON THIS LOAN IF -mE OORROWER(Sl/BUYEIHSl ~I1E TO
00 ~ IN ACCOODANCE WITH THE TERMS OF -mE NOTE:
S"ruDENT COOIGNm \lJa.. ~.
\~
DATE:
DICl<INSON COLUXJE
t~l-:L11 0
BY
C0h.~-
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EXHIBIT "e"
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DIa<IteON COLl..F13E FLEXIBLE FINANCIOO SYSID4 - 7000 PLAN
fDJCATIONAL GOOOO AND sERVICES RETAIL IN5I'AIlJoIENI' <::ommCT
O!fe AUllust 27. 1991
8.lyer(s) :
DickInson College. CarlIsle. Fennsylvanla 17013
JoseDh W. Souders
356 Red Hill Road
Narvon. PA 17555
1. &.ller:
If there is more than one Buyer, each ot you WIll be oblIgated. Jointly and severally.
tor all I!lI.llIl9 due and for the perfol"1lldnce of all agreements as prOVIded In this Contr,~ct.
Under the terms of this Educational Goods and Services Retail Installment r.ontract,
you h4ve agreed to pay the expenses Incurred for goods am servIces to be prOVIded and
t'endered. a5 the case may be. to Bett,y J. Souders
Ihereil1llofter "Student"l durirq his/her enrollment at Dickinson College dur\rq the 1991-92
ac4dellic year. incluchng tuition. room and board. books and supplIes ,~s herem st.,~ted
(hereil1llofter the "Goods and Services") .
The Goods and &.rvices shall Include only tuition. room and oo.U"d.
II. TrnMS or PAYMEm' AND PAYMENT SCHIDJLE
Disclosures Required by Federal lAw
ANMJAL PmcnmGE FINANCE CHAOOE: A)OMI' FINANCED: TCrrM. OF PAYMENI'S: TCrrAL SALE
RATE: · Dollar amount Amol.ll1t of credi t AmoI.ll1t pa ld by PRICE:
Cost of credi t as credit will provided by Buyer as total of Tot.al cost of
yearly rate cost f).,ayer DickirlSon College all echeduled purchase on
payments credit. in-
c 1 uch rq down
payment of
J 13,380.00
9.497 % :J 3,545.07 $ 6,600.00 :I 10,145.07 J 19,980.00
Rev 9/89
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&(yel"6 p.:Wlllen~ ")ch,,.tule WI It ,.... ,'5 [,,)1 ''-'We'
Wl'\e:1n P':I:.1D~nts ,],1"'" ['l.le::-
NI~r cJ[ p,~yments Am'~l.ll1t el[ P,'ym'lnts
117
.Varlable RIlte:
lAte Charge:
Prepayment:
9128/91.
$86.71
Monthly ,:ollllllen,:lr(!
unt II 5/28/01
The ANNUM. PEl(CEIoI11,GE RATE dl5Clo5ed 300ve 15 11 VIII'I<,tbl" 1",t,<1 M,j 1llo.'\y
change, The ANN\JAL PERCENTAGE RATE may Increa6e durlrq the term or
t.h15 transaction If the primo! I'ate of Interest announcE<.i In the Wall
Street JOUlTIdl al3 of t,he close of bJsiness on June .311 or ~"d-I c,~lerrlar
year increases. ~nd will re 1I1cre,~ed to t.h" pnme rat" pll,L'9 1'" Tho;,
ANNUM. P~GE RATE WIll not 1l1crease m('I'e th,)n oncE' ,~ y.'31'. ,ml
the new lOterest rate WIll become effectIve eln July j [vll':OWIl1<,T th..
increase. if any. 111 the prime rate of ll1terest, Any 1l1CI-...aSo:. WIll be
111 the form of higher payment amounts, It y.)l,lr Gost of t.lw l}.:,,,,is ard
Services sold hereurrler were :5 6600.00 ,lt 9.50 '6 per .:lnmllll [01'
.J..1L months. and the prime rate plus 1'% wljre Increased ~,) 10.50 'I,.
your regular monthly payments would Incn'ase to :J 90.35 further.
the ANNUM. PERCENTAGE RATE wi 11 not lncrea5/l to lIl<)re th.an 18'.. <:'r ,mch
other rate as may be permitted under the PennsylV,1l113 Gocds arrl
Services Installment Sal/ls Act.
If a payment is more than 15 days late. a sum equIvalent to 5% of ~he
late payJUlnt (rot no more than $2.50 and not less than :ll.00l molY be
charged.
fuyer may prepay the I.ll1pald balance of the Amollnt FInanced 11m any
FINANCE OORJE due through the date or early payment. In full r.-I' In
pll"t. without penalty.
SEE gawrION VI OF THE CONTRACT BELOW FOR Am ADDITIONM. INF')RMATION AroIr M:iN-PA\'MENT,
DEFAULT AND RWJIRED REPAYMEm BEFORE -mE SC1iEDULED DATE FOR REPA1'MENl" OF THE m~JNT
fINANCED.
In, I1DIIZATION OF AMJUNT FINANCED
l. Colsh pnce of Goods aM SeT"llces: :J 19,980.00
~ Total down payment: 13,380.00
~,
), Unpaid b:llance (~t cash pnc/l (I - 2): 6,600.00
4, Amount paid to others on BuY/lr's baha It : 0
5, Amo:"Jl1t Financed () + 4): a 6,600.00
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IV, CREDIT INSURANCE
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Cro!'l.:h t life 11'\SU1'an('~ fot' the tenD elr' th IS (~ontr.lct IS not r...guu'ed,
V, NO WARHAtrrIrn
niERE ARE 00 WARRANTIES. EITI-lrn EXPRrnSED OR IMPLIED. GIVEN BY SEl.l.F.R IN (ONNELl"ION
Wl1H SALE OF iHE GCOOO AND srnVICE3 COVERED BY THIS CONTRACT lJNLE3S BlJYrn HAS BIDl GIVEN A
SEPARATE WRITTEN WARJWm',
VI. ADDITICNM. PI\OVISIONS
1. 8..Lyer agrees to pay Seller the Total Sale Price by malurq the total down payJUlnt and
paying Seller the Total of Payments 111 the number and amount or 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 Wachc)via. Inc, at the
following address:
First Wachovia. Inc.
P.O. Box 70095
Charlotte. NC 28272-0095
2. 8..Lyer's legal rights include the right to pay all or part of the ~~nts due on this
Contract in advance of their due dates. to obtain a refund or credIt of \Jl1e,~'Kl
Finance Charge whenever the amount 15 paid in full in advance. and lwit.h Seller's
consentl to reinstate the Contract if Buyer tImely cures any default.
3. 8.lyer shall be deemed to have committed an "Event of Default" ,)f tho!' Contract upon the
occ:urrence of any of the following:
(al failure to make any payment on or before the date it is due.
(bl failure to make a payment on any other Contract outstardirg with Seller.
(c) failure to perform any other proviSIon of the Contract.
(d) providirg Seller with false information or signatures.
(el death. incompetence. or conVIction of any 8..Lyer of crime involvirq fraud or
dishonesty.
(f) insolvency or bankruptcy of any 8.lyer.
4. Upon or after the OCCUlTence of any Event of Default. Seller will provide 8..Lyer with
notice. by certified mail as required by law. addressed to 8.lyer's last known address
as shown on Seller's records. advisirq fuyer of th<'! default and of alyer's right to
cure the defaul t. The not ice wi 11 provide the time. aIDOl.ll1t and perfonDdnce necessary
to cure the default. It 8..Lyer does not cure the default as provided in the notice.
Seller's rights shall include the right to declare all SUIIlB due on the Contract to be
ilDlllediately due ard payable. The fuyer agrees to pay .~ll attorney'e fees and other
reasonable collection costs and charges necessary for the collection of /lny amol.ll1t not
paid when due.
5. Waiver by Seller of any Event of OEIfault shall not be blmirq upon Seller if Seller
should thereafter choose to <'!xercise that or any other right or a similar Event of
Def~ult occurs later. All Seller's rights and remedies sholl be cumulatIve. Seller's
exercise of one or more rights shall not cause Seller to lose any other ri';!hts.
15. Thill Contract is freely assignable by S":lller, 8.lyer agrp.es that upnn receivirq notice
of the assignment alY",r shall be obi igated to the Assi';rneo<: of this Contract. which
Msignee ehall have all of Seller's right ,]nd remedies.
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. 7. If any part of this Contract is held to b8 illegal. VOId or unenforceable. that
provi!lion ehall be deemed not to have been a part of this Contract. which shall
otherwise remaIn tully effectIve.
6. APPLIC,llRlR LAW, This Agreement. whenevel" called upon to be cCWltrued. shall be
governed by the domestlC intenllll lave of. the ec-mwealth of Pemsylvanla except to
the extent supplemented. superseded or preempted by federal law.
9. CONSENI' TO JURISDICTION. VENUE AND 5mVICE: The parties to this Agreement consent and
llqree that all legal proceedings rellltirg to the subject matter hereof erhall be
lIIllintalned in the Court of C~ Plea5 of Cumberland County. PennBylvania. or. if
applicable. the United states District Court of the Middle District of Pennsylvania.
and all parties hereto consent and agree that jurisdiction llI'd venue for such
proceedirqs shall lie exclusively within said court. Service of procelllS in any such
proceedirq IIIllY be lIIllde by certified mail. return receipt requested. directed to the
respective party at the address set forth above.
10. This Contract shall be bindirg upon the parties hereto. their heirs. sul;ceesors.
a5signe llI'd legal representatives.
11. TIME IS OF -mE ffiSDlCE OF nus CXlN'ImCT.
NOTICE: AN'! OOWFll O~. nus ~ CREDIT COKmACT IS ~ TO AU. CLAIMS AND D~
WHIOi niE omroR COOID A$F1lT AGAINST -mE SELLEJl OF G(x:a3 OR SDlVICE5 OBTAINED PURSUAtlI'
!1t>>;lV ~ WIlli 1HE t'tM:uul HEmDF. REXXlVERY HmnINDFll BY -mE DEBrOO SHALL tCI' EXCEED
lUDJHI'S PAID BY 1HE DEBTOR HEm1JNDnl.
NOTICE TO flMR: (1) 00 tCI' SIGN lliIS AGREEJ4D(1' tlta'tAm YOO READ IT ~ IF IT <XltoITAINS ANY
Bl>>I< SPACE. (2) YOO ARE ENI'I1UD TO A <XJ4PIEIUY FILUD-IN OP/ OF lliIS AGRE>>IDIT.
(3) UNOm nIE LAW. YOO HAVE -mE RIGHI' 10 PAY 0f1' IN lIIl'IIMa: nIE f\JIL AtOJNI' roE AND lJtolDm
CfRl'AIN CONDITIONS TO OBI'AIN A PARI'IAL REr'\IND OF nIE FINANCE 0iARGE.
WYm(S) ~(S) RJ:X:EIVI~ A CCMPJ.EI'ID CfJP{ OF 'IlUS COKmACT AND INIDID(Sl 10
BE LIDAILY IroND u:; d j)
8""l(S), -~r-r'~ ~ J:f<7'<<ka--
I AGREE TO REPAY AU. AM)JNfS roE ON lliIS lOAN IF -mE roRIOIm(Sl/ll.J'im(S) FAII.I3 10
00 00 IN ACcaIDANCE WIlli -mE 1'DH3 OF -mE OOI'E:
sruornr <n3IGNEJl rJ'-U:~ ~.A /')
DATE :
DIO<Ita:lN COLUXlE
f}-1.1-7/
BY
~~J Q-.
4
I
EXHIBIT "D"
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OICKINSON COLLEGE FLEXIBLE FINANCING SYSTEM - 7000 PLAN
EDUCATIONAL GOODS AND SERVICES RETAIL INSTALLMENT CONTRACT
Date SeDtember 8. 1988
I. Seller: Dickinson College. Carlisle, Pennsylvania 17013
Buyer (s):
Joseph W. Souders
356 Red Hill Road
Narvnn, PA 17555
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 Inatall-
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 Betty Jo
(hereinafter "Student") during his/her enrollment at
Dickinson College-during the 1988-89 academic year, including
t'uition. room and board. books and supplies as herein stated (hereinafter the
"Good. and Services").
The GQods and Services shall include only the following:
Tuition. 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
Coat of credit credit will Dickinson College by Buyer as purchase on
as yearly rate cost Buyer total of all cudit. in-
scheduled dudina down
payments payment of
$ 8.800.00
9.999 % $ 5,369.76 $ 7,000.00 $ 12,369.76 $ 15.800.00
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Buy.r's payment schedule will be as follows:
Number 0 Pa enU Amount of Pa ents
When Pa ents Are Du.
152
$81.38
Monthly commencin8
until 5/30/01
9130188
*Varieble Rate: the ANNUAL PERCENtAGE RAtE disclosed above is a variable rat.
and uy chanll.' the ANNUAL PERCENtAGE RAtE uy increase durinll
the teral of this transaction if the prime rate of interest
announced in the Wall Street Journal as of the clo.. of
bu.in... on Jun. 30 of each calendar year increaae., and wlll
b. incr.ased to the prime rat~ plus 1%. the ANNUAL PERCENtAGE
RAtE will not increa.e more than once a year, and the n.w
int.r.et rete will become .ffective on July 1 followinll the
incr..... if any, in the prime rate of int.r..t. Any incr.a.e
will b. in the fOral of hi8h.r payment .mount.. If your co.t
of the Good. and Service. .old her.under were $ 7 .000.00
.t10.00 % per annum for ..15Z.-lIlOnths, and the pri_ rat. plu.
1% w.r. i~creased to 11.00%, your rellul.r monthly payments
would incr.a.e to $a5.53 Further, the ANNUAL PER-
CENTAGE RATE will not increase to more th.n \8% or such other
r.t. a. m.y be permitted under the Pennsylvania Good. and
Sarvice. lnatallment Salea Act.
t.te Charlie: If a payment is more than lS days late, a IUD equivalent to
5% of the late payment (but no mol'. than $2.50 and not l..a
than $1.00) may be charll.d.
Pr.payment: Buy.r may prepay the unpaid balanc. of the Amount Financ.d
and any FINANCE CHARGE due throullh the d.t. of early payment,
in full or in part, without penalty.
SEE SECTION VI or THE CONtRAct BELOW FOR ANY ADDItIONAL INfORMAtION ABOUT NON-
PAYKlNT, DEFAULt AND REQUlll!D REPAYMENT BEfORE THE SCHEDULED DAtE FOR REPAYMENT
or THE AK>UNT FINANCED.
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Ill. ITEMIZATION OF AMOUNT FINANCED
1. C..h pric:e of Coods and Servic:es: $ 15.80Q.00
2. Total down payment: 8.800.00
3. Unpaid balanc:e of c:uh pric:e (1 - 2): 7,000.00
4. Amount paid to others on Buyer'. behalf: -0-
S. AIIIount Financ:ed (3 + 4): $ 7,000.00
IV. CREDIT INSURANCE
Credit life insur.nc:e for the term of this Contrac:t i. not required.
V. NO WAlUWlTIES
THERE ARE NO WAlUWlTIES, EITHER EXPRESSED OR IMPLIED, GIVEN BY SELLER IN
CONNEctION WITH SALE OF THE COCDS AND SERVICES COVERED BY THIS CONTRACT UNLESS
BUYER HAS BEEN GIVElI A SEPARATE WIttEN WAIUWltY.
VI. ADDITIONAL PROVISIONS
1., Buyer .Iree. to pay Sell.r the Total Sale Pric:e by makinl the total
down paym.nt and payinl Seller the Total of paym.nt. in the numb.r .nd a.ount
of monthly payment. .hown in the Payment Sc:h.dule. paym.nt. ar. due on or
b.for. the .... date of .ac:h month a. the fir.t payment date. Payments .u.t
b. .ad. to Fidelity 8ank at the following address:
Fidelity Bank
141 Garrett Road
Upper Darby, PA 19082
2. Buy.r'. lelal rilht. inc:lude the rilht to pay all or part of the ..ount.
due on thia Contract in advanc:e of their due dat.., to obtain a refund or c:redit
of unearned Finanee Charle when.ver the ..ount i. paid in full in advanc., and
(with Seller'. c:on.ent) to reinstate the Contract if Buyer timely c:ur.. any
default.
3. Buyer shaU be dee.ed to have c:o_itud an "Event of Default" of the
Contr.c:t upon the oc:c:urrenc:e of any of the followinl:
(.) failure to make any payment on or b.fore the date it i. du.,
(b) failure to make a payment on any other c:ontrac:t outstandina
with SeUer.
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(c) failure to perform any other provision of the Contract,
(d) providing Seller with fal8e 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 011 Seller's rll!cords, 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 shalt include the
right to declare all sums due on the Contract to be immediately due and payable.
The Buyer agrees to pay all attorney's fees and other reason~ble collection
costs and charges necessary for the collection of any amount not paid when due.
5. Waiver by Seller of any event of default shall not be binding upon
Seller if Seller should thereafter choose to exercise that or any other right
or a similar Event of Default occurs later. All Seller's rights and remedies
shall be cumulative. Seller's exercise of one or more rights shall not cause
Seller to lose any other rights.
6. This Contract is freely assignable by Seller_ Buyer agrees that upon
receiving notice of the assignment Buyer shall be obligated to the Assignee
of this Contract, which Assignee shall hsve 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 COlDlllonwealth. of Pennsylvania shall apply to this Con-
tract except to the extent aupplemented, 3uperseded or pre-empted by federal
law.
9. This Contract shall be binding upon the parties hereto, their heirs,
succeaaors, assigns and legal representatives.
10. TIME IS or THE ESSENCE or THIS CONTRACT.
NOTICE: ANY HOLDER or THIS CONSUMER CREDIT CONTRACT IS SUBJECT TO ALL CLAIMS
AND DErENSES WHICH THE DEBTOR COULD ASSERT AGAINST THE SELLER or GOODS OR
SERVICES OBTAINED PURSUANT HERETO OR WITH THE PROCEEDS HEREOr. RECOVERY
HEREUNDER BY THE DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR HEREUNDER.
~OTICE TO BUYER: (1) DO NOT SIGN THIS AGREEMENT BErORE YOU READ IT OR Ir IT
CONTAINS ANY BLANK SPACE. (2) YOU ARE ENTITLED TO A COMPLETELY rILLED-IN COPY
or THIS AGREEMENT. (3) UNDER THE LAW. YOU HAVE THE RIGIIT TO PAYOr, IN ADVANCE
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THI rulJ. Ao'WUNT DUll AND UNDER CERTAIN CONDIT10NS TO OBTAIN A PARTI.\!. REFUND
or THE r11WlC! CIWlGE.
BUYEll(S) ACKNOWLEDGE(S) RECEIVING A COMPLETED COPY OF THIS
CONTRACT AND INTnr\S) ~~,,:: j,GALLY BOUND BY ITS TERMS.
BUYER(S): ~,-:1'1'/. -x/~
DATE:
DICKINSON COLLEGE
1/12 /68
rXfh-f7 4'___
.J
By
FOil DICKINSON COLLEGE USE ONLY
For value recaived, Seller hereby sells, assilna, and transfera
to '1delit1 Bank all of Seller'~ rishts, title and intereat 1n
thia Educational Gooda and Services ll.taillnstall.ent Contract,
with full recourae to Seller.
Thll
-~/,
d.) - day of
'J ,
C:'ctrA:<-, ,19 tJtr.
,---~_3R-1
;,;. ~d ~;{!rf~t.,,-
DICKINSON COLLEGE, BY:
-,-
6.
SHERIFF'S DEPARTMENT
'72-.
~o NORTH DUKE STREET, LANCASTfR, PENNSYLVANIA 17602' (717) 299,8200
SHERIFF SERVICE
PROCESS RECEIPT, Ind AFFIDAVIT OF RETURN
AINTlFF/SI
2 COURT NUMBER
94-6350 Civil Term
DICKINSON COLLEGE
:FENDANTISI
JOSEPH W. SOUDERS
. : ::~~~f:.~:'~~~J~~~:U:,O::O:,~yTl::OE ::p T:':~UR,~:::R:::~ruPTlON OF P~~::TY TO BE LEVIE: A TTACHEO OR SOLO
'T 356 RED HILL ROAD, NARVON, PA 175.?~__.__._.__,__u__.__,___
OleATE UNUSUAl. SERI/ICE i:I COMMON OF PA [J DEPUTIZE (J OTHER Cllmhpr 1 ;:Inn
W Nnu.. no 19 -----2A- , I, SHERIFF OF ~R~II COUNTY, PA" do hereby deputize the S~
[,SnCII.. ter ___ County \0 execule Ihl~ Writ anli 'l'ak~ ,elurn th reof
law, This deputation being made al the request and risk of the plalntlll,_--+-- <,~,~~".n':."" ""
'ICIAL IN'T~UCTIONS o~ oTiilA INFO~MATION THAT WILL ASSIST IN IXPlDITINO-hAViti:- Cumberland
.. TYPE OF WRIT OR COMPLAINT
COMPLAINT
,
1,1,"....~'l1
,
'I ONLY APPLICABLE ON WRIT OF EXECUTION: H.I. WAIVER OF WATCHMAN - Any dtjpuly ~herllt leVYing UPOI' or altachlng any property under
n Writ may leavlJ same wllhoul il Willchmrln, In clJ~louy 01 whom~....er 1:1 lounllm IJOMI.!!i~lon. oller notllYlng per!illn olle....y or aHllchment, wllhoutllllblllty on
)ar1 01 such depulv or lhe 5hIJrllIlo <lny pluln emln lot 1111\1105S. (jeslrur:llon or remo....IlI111 uny such property ualore ShCHl/'S sui. Ihereol
liON Nil AQu.~u.o....4. Co ~fpHONE NUMBER J II DATE II h lq '-I
_ _,_._____~ 232-8000 . 11/4/94
AME AND ADDRISS BILOW: (Thll Ite. mu.t be completed I' notice II to be milled.
Esquire, McNees,
IIND N TICI OF SlAVICI COP
Brett D. Davis,
W THIS LINE
15 Ellpiratlon/Hearlng dele
12/7/94
Icknowl.dge recelpl 01 Ihe wrlll
Ir complaint as tndlcated above
hereby CE..TIFY and "ETUttN lhat I have personally sQfved.1 ~ have legal elJllJenr;o 01 sorlJlCe;l:l ~hown In "RemiHk'J",' j hlllJe uecullld as shown In
Remarks.. the writ or complaint (hncribed on the individual, company, corporallOn. ale. at the <1ddre~9 ~ho....,n abolJe <)f on thQlndllJldual, company, cor.
Joratlon, ale, at the address tn5erlad below by hand II no II TAUE .nd ATTEsnD COpy lhereol
] I hereby certlly and relurn a NOT FOUND beC,1u~e I am unable 10 locale Ihe Indl....l(jual, CI)lllpUIly, C'HplJriltlon clr; nlllnad abo....e lSee remarks belowl
~"m, and Illht 01 indl\Jldul.l1 BltrVe(_l_(II nU.'_'h'_)Wn ab~el ..~__ --------.------.------ '--r 9 A pm'," ", ,,,,,,,,,. "". """ d,,"""'"
0",1 'lI'1l<jl,lI.1 In th,<"llllnIJunl'$IUljlll
Di.\r.II nlllbud.
Iddress 01 wiler. ser....ed (complete only II dlllare"l than ~hown above) (Slreet ot FIFO, Apllrtmenl NC) City. Bora rwp
Hal, and Zip Code)
21 OllIe 01 S.rvlce 22 Time
C' A-' A,~(A"'.. ~-;,
ffiiii~o.,.
~l
'dVar'lGlf Costs
( ~/,~tI~.'-':-
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~JI"-/-(Ok.
,l1:~(1
.17
18000
=tEMAAKS
40.00
~.,~nI1 D.,.
2:.:J:Io"OOU
a#' ~\'1q3
l;/x rj/
100.00
1,'t.I'-
""'IRMEO Ilnd 'ub";f,b"rl to bllkra m. 'h,:~,__~l.__ __~_
..YOI'-4~'o'f m!;~JL_ __.__,J.'~'-L ,. _______
C' \J IU V:"::::':'..:.. ..( L):,-'l~._ .__ .
"""h""",.U".D<tn'lt',~I'v",,l>rr/'.....;:-
!:;OMMISSlq~.!~!,~.~~. ~ .
I ACKNQWLIEOClE AECEllo'T or n.jE SHIAI"'S "ITUAN IIGNATUIIIII
OF AUT~!S)Atl_ED~~~~~~j~__:'~.~!.~I!~.T.~ A.~~.~J Ilru~. __
--- I ----.-..-.,----..
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SHERIFF'S DEPARTMENT
~o NORTH DUKE STREET, LANCASTER, PENNSYLVANIA 11602.(111) 299,6200
SHERIFF SERVICE ---, -----~TION.,OIlIEIMCEOI'~III..I~.-.II...tu4,....",
PROCESS RECEIPT, .nd AFFIDAVIT OF RETURN _~VOII~I'IoIm,P""'IVDlO,pMtlltIblyDonol_"'~.'l!S
',PLAINTI~~/SI ,----- 2 COURt NUMBER ~
DICKINSON COLLEGE _,______h 94-6350 Civil Term 51
3 DEFENDANT/SI 'TVPE OF WRlr OR COMPLAINT ~
BETTY JO SOUDERS COMPLAINT ~
CORPORATION, Ere, TO SERVICE OR DESCAIPiiCrN Of PROPERrv TO BE LEVIED. ATTACHEO OR SOLD .
;2 or 2
liE
AT 356 RED HI~L ROAD NARVON, PA 17555
7, INDICATE UNUSUAL SERYICE II COMMON OF PA XI DEPUTIZE 1I orHERCumberland
Now,~nv nq 118~ , I, SHERIFF O~'iIllQiR(COUNTY, PA" do he.rebV J;leput!ze the S~~o'
~ a tar County to execute this Wrtt.a!l~~,..l'ilurn the'eof~~n
10 law. ~B 3eputatlon being made at the request and ,Isk of the plaintiff, ....;L.. ~" ,.--,~' ,
. (I'll 1'1~ '( f
.. "ECIAL IN'TRUCTIONS OR OTHER IN~ORMATlON THAT WILL ASBIST IN EXPEDITING BERYl I: Cumberland
!5 NAME. OF INDIVIDUAL, COMPANY.
...
<4)
...
BETTY JO SOUDERS
a ADDRESS (Street or AFO, Apar1ment NQ, City, Boro. Twp., Stahl and ZIP Code)
51:
.
...
......
.--
NOTI ONL.Y APPLICAILI ON WRIT OF EXECUTION: N,B. WAIVER OF WATCHMAN - Any deputy ,henllle'Jylng upon or illlachlng any property under
within writ may loave !Jame wllhoutll watchman, In CU\llody of whQmever liJ lound In pO&iJeM}IOn, alter nOllfYlllg person ollevy or allac.hment. Without lIabilily on
thl part 01 such deputy or the shQnllto any plalnllff herem lor nny l<.lsri, dO$trucllon or rl!IlWVlll of .lny such property before sheriff's sale thereof
..IIGNAT RE 01 ATT~NEY '01 ,ORIGINAT LL~ \.lo~ (D) -- '0 TELEPHONE NUMSER 11 DATE 1/ h 19 'f
II (717) 232-8000 11/4/94
12. lEND NOTICE 0' alRVI COPY TO NAME AND ADDRESS BILOW, (This Ir.. must b. compltltd If notlct Is to bt mentd)
Brett D. Davis, Esquire, McNees, Wallace & Nurick
1 nn P i n.PA'Cii~LO~OFORUI~ 'J: .H~Rr;Fi O~LY~' D6i\NO~ ~OJE ~~t&W THIS LINE
IIGNATU'U! of Aulhorlzed LCSD Depuly or Clerk and '(llIa 14. Dala Received 15. Expiration/Hearing dale
13. I aCknowledge fl'lceipl oll"'e writ t
, o,comOI.In,."nd,c,,,.d.bo,. J __/_l,UDY MORRIS 295 360.i___________lliI4/94 7/94
16, I h..'8by CIRTlfY and RETURN that IVha.ve per10nally served, [ I have legal ~l\/ldanr.e 01 service as 'iMwn In "Rem,1ril,", U have execuler.l as shown in
"A.marks", Ihe writ or complaint descrl~Jed on the Indlv!dual. company. corp()ratlon. elc . at the address shown above or on Ihl! indivIdual, compony. cor-
poration. elc. althe address Inserled below by handling n TRUE tnd ATTESTED COPY IhtHBOf
17.0 t hereby certify and relurn [) NOT fOUND bac;aurie I <1r,' unabla 10 IOClllo tho IndiVidual. COm~i1fly corporallon. ale. f'Iamed IJbove (See remarks below)
18. Name and lltle 01 individual stJrved (il not shown abovel ----.--~~.-----119 A plr,,,l1ot!lJltllbltfag.an1ldlllcfltIQr1
IhanrBw:llt1Q lt1thadatendnntsl/slHII
1J111r.t of abode I]
20 Add,.., otwh.,. ,mod ,compl.l. onlv " d,II."nllhon ,hown ,'bo,."51".1 0' RFD Apd'lm.nl No CIIV Bo'o TwO r ID/~.I''A-ot0S'~~vlce 22v.T,lm, ,;,0,#
Slat, and ZIP Codel .:12,
.5t.' A.I 4<-d'" II ( JJ,-iA:- ,,c,,,- d//"~) <w
".-- '::f~T'. '''''r'' '"j''':I..:r '"'I '''' ".. ...,,, ,..
2" Advance Co.,ls ~'i Servl~lJ Costs 26 NOIMY Cert --rTM,',_"~age:: PQ5ti1Q_e_____
R78000 ** ,_ ____ u~,__..__ ~L '..... ___
30 ~EMARKS
DIP, InL
- -- -,,--.- . -- -------.---,---- ----'--T--;----- 'O~~W~--
. lC -t ., 4 ..
31 AF"RMED ."d '"b"C'lb.d 10 b.lo,. m. 'h"'.:o.-d _ ,____.LLA!?~ __ .'<: //"" _ .
lJ :\~l,1I11"'<)I -.z-.,- 7. J.1 p'1I1
34 dOl OI.Jlfi:_!C~_.i.~_..:!_.. ----.'r-.. _!2.1~L_____'h__ o:.~ ~ ~ '-,;- ,~ e,,~.
. (1) ...a.. . _._ " L). l.. I" 91<1'1<1 I "hl! r/ 1 .. .
31~J.r_:....-~__~_"__.k___n__ ...'~ ~
f'r<lr",)l1<ll"r/O..,,,rv"f!Qll"'1J'1/11111. --~--- ,~!i -.--- -
M'tl GQMMISSION IixPIRES
31_ t ACI<NOIJI.ILE. OOP; ~a~:F.ip'r-~F'-r~tli IHI;ti,. ".8....".. U..URN. '. .'0. NATU"._. t.
_-2!....~.~_I~~.~.~~.~~]_~UntOFllr.:!..~ND_~i!Lli".__ ._... ,,_.. J
_n... ___.____'}_____________
1'1 lJ'llol R'r.III~f1il
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DICKINSON COLLEGE,
PLAINTIFF
: IN THE COURT OF COMMON PLEAS
; CUMBERLAND COUNTY, PENNSYLVANIA
v.
JOSEPH W. SOUDERS AND BEllY JO
SOUDERS,
: CIVIL ACTION. LAW
DEFENDANTS
: NO, 94..6350 CIVIL TERM
PRAF-CIPE FOR ENTRY OF DF-FAULT JUDGMENT
TO THE PROTHONOTARY OF CUMBERLAND COUNTY:
Punuant to Pa. R. Civ. P. No. lil37(b), enter judgment in favor of Dickinson College, Plaintiff,
in the above-captioned action, and against Joseph W. Souders and Betty Jo Souders, Defendants, in the
above-captioned action, for failure to file an Answer to Plaintiffs Complaint within twenty (20) days
from the date of service of said Complaint, and assess Plaintiffs damages in the t01a1 sum of$7,619.38
as principal, plus interest at $1.45 per diem from October 20, 1994, late fees, collection costs and
attorneys' fees. until Defendant's obligation is paid in full. I hereby certify that a written Notice of
Intention to File this Praecipe for Entrj of Default Judgment was given in accordance wit'! Pa, R. Civ. P.
No. 237.1; a true and correct copy of the aforesaid Notice is attached hereto. I hereby certify that the last
known address of the Defendants is Joseph W. Souder and Betty Jo Souder. 356 Red Hill Road, Navron,
Pennsylvania 17SS5-9678.
McNEES, WALLACE & NURICK
8y
~
~
Stephenson Matthes, Esquire
Attorney I,D. No. 67408
100 Pine Street
P. O. Box 1166
Harrisburg. P A 171 08- 1166
(717) 232-8000
Dated: /1. ~ t- 9?
Attorneys for Plaintiff
Dickinson Collese
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DICKINSON COLLEGE.
PLAINTIFF
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY. PE.NNSYLV ANIA
v.
JOSEPH W. SOUDERS AND BETTY JO
SOUDERS,
: CIVIL ACTION - LAW
DEFENDANTS
.
: NO. 94--6350 CML TERM
NOTICE OF RITENTION TO
~~R .uJllGMENT BY DUA.tJLT
TO: Joseph W. Souden and Bet\'y Jo Souden. Defendants
DATE OF NOTICE: November 14,1997
IMPORT ANT NOTICE
YOU ARE IN DEFAULT BECAUSE YOU HA VI! FAILED TO TAKE AcnON REQUIRED OF
YOU IN nus CASE. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF nus NOTICE.
A JUDGMENT MAY BE ENTERED AGAINST YGU ON PLAINTIFFS COMPLAINT WlTHOUf A
HEARING. AS A RESULT, YOU MAY LOSE YOUR PROPERlY OR OTHEIlIMPORTANT IUGHTS.
YOU SHOULD TAKE nus NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HA VI! A LA WYI!Il
OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE. FOLLOWING OFFICE TO FIND our
WHERE YOU CAN GET LEGAL HELP:
COlIrt Admlnlatntor
Cumberland County CourthOUH
Fourth Floor
Carll.I., P.anl)'lvanla 17013
(717)2~OO
McNEES. WALLACE &; NURlCK
BylJ ~~
F. Stephenson Matthes
Attorney 1.0, No. 67401
100 Pine Street
P.O. Box 1166
Hurisburl, PA 17101-1166
(717) 232-1000
-
Attorneys for Plaintiff
Dickinson Collele
Date: iI- ,..., 1
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DICKINSON COLLEGE,
PLAINTIFF
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
JOSEPH W. SOUDERS AND BEITY JO
SOUDERS.
: CIVIL ACTION - LAW
DEFENDANTS
: NO. 94..6350 CIVIL TERM
NOTICE OF ENTRY OF JUDGMENT
t,1
t
f
TO: Joseph W. Souders and Belty Jo Souders, Defendants
You are hereby notitled that on ')fL' , II... . 199.2. the following Judgment has been
entered Igainst you in the above-captioned case.
DATE: ~t., IIf'f/
KI ~t.Lq,}u:c [" 1< ~~
PROl'HONOT ARY/AL
A Joseph W. Souders and Betty Jo Souders, Defendidos/as
Por este medio se Ie esta notificando que el de del 199 _' cilIa
siguiente (Orden), (Decreto). (Fallo) ha sido anotado en contra suya en el caso mencionado en 01
epigrafe.
If:
I'!
FECHA: ,
t
Protonotario
,,'
Certitlco que la siguiente direccion es la del defendidola segun indicada en el certitlcado de
residencia:
,
'j
I,]
Joseph W, Souders and Belly Jo. Souders
356 Red Hill Road
Navron. PA 17555-9678
I
,
"
I hereby certify that the name and address of the proper person(s) to receive this notice under PI.
R. Civ. P. 236 is:
Joseph W. Souders and Belty Jo, Souders
356 Red Hill Road
Navron. PA 17555-9678
;
l~_
,I
By
s. Esquire
Attorneys for Plaintiff
Dickinson College
, .