HomeMy WebLinkAbout03-0934DICKINSON COLLEGE, :
Plaintiff :
V. :
WILLIAM J. NEY, :
Defendant :
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 03-
CWIL ACTION-LAW
JURY TRIAL OF TWELVE DEMANDED
COMPLAINT
AND NOW, comes Plaintiff Dickinson College by and through its attomeys, MARTSON
DEARDORFF WILLIAMS & OTTO, and hereby avers as follows:
1. Plaintiff Dickinson College is a Pennsylvania educational institution and nonprofit
corporation with its principle place of business at West Street, Post Office Box 1773, Carlisle,
Cumberland County, Pennsylvania 17013.
2. Defendant William J. Ney is an adult individual with a last known residence at 811
East Marshall Street, Norfistown, Montgomery County, Pennsylvania, 19401.
3. On or about December 17, 1986, Defendant entered into a Promissory Note - Federal
Perkins Loan Program ("Note #1") with Plaintiff. A copy of Note #1 is attached hereto as Exhibit
4. Note #1 provided for the financing of $1,500.00, plus interest and costs by
Defendant on his own behalf, for educational services and benefits at Plaintiff's institution.
5. On or about November 19, 1987, Defendant entered into an additional Promissory
Note - Federal Perkins Loan Program ("Note #2") with Plaintiff. A copy of Note #2 is attached
hereto as Exhibit "B."
6. Note #2 provided for the financing of $1,500.00, plus interest and costs by
Defendant on his own behalf, for educational services and benefits at Plaintiff's institution.
7. On or about December 16, 1988, Defendant entered into an additional Promissory
Note - Federal Perkins Loan Program ("Note #3") with Plaintiff. A copy of Note #3 is attached
hereto as Exhibit "C."
8. Note #3 provided for the financing of $1,840.00 plus interest and costs by Defendant
on his own behalf for educational services and benefits at Plaintiff's institution.
9. On December 17, 1986, Defendant received and signed a Statement of Borrower's
Rights and Responsibilities that set forth, among other things, the terms and conditions for re-
payment of the Notes. A copy of that Statement is attached hereto as Exhibit "D."
Exhibit A
DICKINSON COLLEGE
CARLISLE, PENNSYLVANIA 17013
PROMISSORY NOTE
· . ~j ~ NATIONAL DIRECT STUDENT LOAN PROGRAM
'lC ins~)n~ C0Uege (he~eineft .e~.ca~..led2h. e .Le.nding Institution) Iocatod at Carlisle" Penns Iv p mile to pay to
~a.dvanc..ed .to me and eh. do. teeD In ,ne ~enenuae of Advances set forth below I promise to Y~a~a' :~e s.u..m,.o~f._t.he__~m_o.~u~__te that axe
t are . . or the colic.etlon of any amount not oald when due. However, if the Lend g nstitu-
tnt~e~Scees~ ~ll%e~t/~geagu~np~a ~c~c~,~lS~n~e~tte~etshte' Fair Debt CoUection Practices Act, I will pay those coUection cos~gw~ieh do
SCHEDULE OF A'DVANCES __
YEAR
TERM AMOUNT DATE SIGNATURE OF' MAKER TERM AMOUNT DATE SIGNATURE OF MAI4~R
II
7
Date
Permanent add
(Street 01 tare. and Zip Code)
Social Security Number ~
I further understand and agree that:
I.. GENERAL
~19)65' Ail sums advanced under this note are drawn from a fund ~.reat_ed.und. e_~ Pa~..E. of T. itle Iy of. the Hi~her Education Act of
hereinafter called the Act, and are subject to the Act and toe venerm ~egmatlons lssuea under the Act. The terms of this
stitution.n°te must be interpreted in accordance with the Act and Federal R. egulations, copies of which are to be kept by the Lending In*
(2~ I understand that if I am eligible for deferment or cancellation under Asticles VI through IX, I am responsible for sub- '
mi,ting the appropriate requests on time.
II. INTEREST
Interest shall accrue from the beginning of the repayment period and shah be at the ANNUAL PERCENTAGE RATE OF
interest(A), (B),°n(c)theandunpaid(D). balance except that no interest shall accrue during any deferment period dese~bed' in subparsgraphs VI (1)
IlL REPAYMENT
bl). .Exce_pt as provided in paragraph III (5),1 Promise to repay the principal and the interest which aeerues on it over a period
egmnxng 5 months at,er the date I cease to be at least a half-time student at an institution of hi er ed
parable institution outside the United States approved for this nut--use b" '~- "-"-~ ~* * ' _Eh . ~u. eation, or at a cpm-
called the Secretary) and enuln unless a .a s Y r~Uucation (hereinafter
· , g, par ge ph. III (4) or VI (1) (deferment) applies, 10 years later. '
(2) I may, however, request that the repayment period start on MI earlier date.
(3) I.p.romise to repay the principal and interest over the course of the repayment period tn e u
quarterly installments, as determined by the LendJflf Ir~=tittJttr~ ~fl~.v~ '~ ' , . ' q al monthly, bimonthly or
lu41inn Nm:t~V:thsttLa~dr ie°guePs~r* aegrx~eP~dI[Le( [~;~:/mqeUrt~llPfYer~oSda/o°rWt~ipn ~a~t iandd~?oUnanl I d~0'n,ge:ht~e otter Pa-~ment period, the Lending lnsti-
reflect my i~come, or~l~oti, Y unjust any repayment schedule to
5) (A) I shah repay the principal and interest on this loan at the rate of $30 per month (which includes both principal and
steres,) even though the monthly rate that would be established tinder paragraph III (1) is less than that amp,mt, if the total
monthly repayment rate of Principal and interest on all my National Direct and ~ational Defense
less than $30 per month. Loans, including this loan is
(5) (B) If I have received National Defense or National Direct Loans from other institutions and the t .
sr~d°i~t~OaS~i~lo__ml, s~i?.less than. ~.30.~ the. S_.3.0 monthly rate established under subpars~raph III/5' 'A· is '~t-°-t-ahm'°nthly rep. ayment
ass is not in addition to the amount I pay on those other loans.
t5)(C) If my monthly repayment rate is estabUshed under subparagraph 11I 5 A
rom other lending institutions the amount of my moa,hi ................ .(5.~.(.,_~_,_a~d~ I ha. ye rece!ved National Direct Loans
senta the ' - - -~p-y,,,~..- ---~ ,,.*,,~u~au~e to tins loan IS the amount which repre.
difference between $30 and the monthly rates I must pay on my other National Defense and National Direct Loans-
(6) A schedule of repay, men, will be attached to and made part of this note.
(7) The Lending Institution may permit me to pay less than the rate of $30 per month for a period of not more than one year
where necessary to avoid hardhsip to me unless that action would extend the repayment period in Paragraph III (1).
IV. PREPAYMENT
time.(1) I may at my option and without penalty prepay aH or any part of the principal, plus the accrued interest thereon, at any
(2) Amounts I repay in the academic year in which the loan was made will be used to reduce the amount of the loan and will
not be considered a prepayment.
(3)an advanceIf I repaypaymentmOreof thanthe nextthe amoUntregu]ar installment.due for any installment, the excess will be used to prepay principal unless I designate it as
-EXHIBIT "A"
V. DEFAULT
OOel~ S*euutz ~umber ~ / ~). ~~'~ ~'a~e ~d Zip Code)
I furthez uude~st~d and a~ree that:
I. GENERAL
~1) , A~ ~ms advised nnder th~ note ~e d~wn from a fund created ~de~ p~ E of T
note must be mter~reted in accord~ce with the Act and de a ~ oas eo~les of which ~e t rms of th~
stltution. ' ' ' o be kept b~ the ~end~ In
(2) I underst~d that if I am e~gible for deferment or eance~atio~ ~mder Article~ Vl through IX, I am responsible for
mltt~g the app~ate requests on time.
IL INTEREST
lnte~st sha~ accrue from the be~ning of the ~payment pe~od ~d sh~ be at the ANNUAL
~terest on the unpaid balance except that no rater
iA). (B) (C) and fD~ ' est sh~l accrue du~n~ m ~ -~ .............. G~ RATE OF
III. REPAYMENT
) Except ~ provided in ~a~h III (5) I omi
e~innin~ ~ m~nths a~er the dat~ I ~ase to ~e ~ · s~ to~ the ~nci~a~ ~d the interest w ich ae~es on it
(2) I may, however, request that the repayment period st~ on ~ eatUet date.
(3) I Dmm~ to re,ay the P~d~M ~d
quarterly inst~ments as d~mined ov~.r the cou;se o~ the reps me
staUments de ,. - by the Lendin~ lnstatutio Y. nt pe~od in equ~ monthl b
· retained m aeeord~ce with se n. However, if I request ~ a y, imonthl
attached to and made p~ of thi ~a hedges approved by the Several, In e P Yment~ ma be made in ~duate~in.
s n .... i~er ease, a 8ehe~e or repayment ~aU be
(4) Not~t~st~d~ ~a~aph III (1) if I qu~f '
tution mn~. a~ my re uest, extend th ' Y ~ a low-income indi~dual d~n
reflect my mcome~ or~oth e repayment peter got u~ to an addition~t ~ ~__he MPn~ment period, the Lend~e lnst~
.... ~ca~ or aojuat any repayment schedule to
?) (A) I ~afl ~pay the pflncip~ ~d ~te~ on thh 1o~ at the rate or $30 ar month (which includes bo
nterest) even though the monthly rate ~hat would be estab
monthly repayment rate of ~ H~hed under P~a ra ~ I th p~neip~ and
(5) (B) I~ I have zeceiv~d Xation~ De~eu~ o~ atiou~ Dhet Lo~n f~om othe~
ra~e ~ ~ho~. lom~ is lea th~ $30 the $30 mont~ . - Instituttonj and the
st~dm~ Xatmnal Defense ~d Xa ~ nd hlr y rate ~stabhnhed oder sub ~a~a h II . ~t~ monthly ze ayment
tm ___eot Lo~s and xs not 'n ""~ ...... ~--- p - *l (5) (A) a the rate I a on
, ad .............. o~,1 pay on tho. other I~;q. ~ my out-
5) (~) If my.monthly r~payment rate is est *
(6) A s .... ne monthly rates I m~t pay on my other National Def;~%~ ;;~u~[~n;~pnt~hlch rep~
efleome or repayment ~H be attached to ~d made P~t of this note. ~eL
7
( ) The Lend~g l~]~tution may pe~it me to ~ay lea than the rate of ~30 per month f
whe~ neee~y to avoid hardhsip ~ me unle~ that action would extend rennv or a Pefl~ of not more th~ one
the ~-_ment period ~ P~n~h III
IV. PREPAYMENT
(]) X may at my option ~d without penury prepay ~ or ~y p~t of the p~cjp~, plus the ae~ed inte~st thereon, at ~y
time.
(2) Amounts I repay ~ the academic ye~ h which the lo~ wu made will be ~ed to reduce the amo~t of the 1o~ and w~
not be considered a prepayment.
(3) if I repay more than the amount due for ~y instalment, the exce~q w~ be u~d to P~pRy P~cip~ unless I de~nate it as
~ advice payment of the next regul~ ~st~lment.
V. DEFAULT
L1) If I. fail to make a scheduled repayment of any installment or I fail to file cancellation or defer '
g Institution on time, the entire un aid indebtedn ' · ·
charges, will, at the option of the Len~inaE Instit, tlm, es~s_mclud, mg interest due and accrued th n~ r~,m..e_nt forms .?ith the Lend.
.......... , uecome Immeuintely due and payable trey.., s,.ua any applicable penalty
(o~t~er rellUevndanet~i~a~odl~thn~lotng,ltdoe~eUdl:t°l~u~eYa~:~:~;:~a the Landis, Institution may di~elo~e that, have defaulted, aiong with
3) Further, I understand that if I default on my loan repayments and the loan is sent to the Seeretax*y fo
eeretary may disclose that I have defaulted, along with other relevant information to credO* ~- ............ r collection, the
YL DEFERMENT
(~) ' Interest ~ not accrue, and installments need not be paid..
bA) While ! am enrolled and in attendance as at least a hail*time student at an institution of higher education or at a
le institution outside the United States approved for this purpose by the Secretary, compara=
(B) For a period not in excess of 3 Years during which I am * -
)oast on full-time active duty ~s a member of the Armed Forces of the United States
Guard), or an officer on full-time active duty in the Corn .......... (Army. Navy, Air Foro~ ~' · -
(ii) in service as a Volunteer under the Peace Corps Act, ms~oneo ~orps el the U. S. Puhlie Health Se~,~~'~arme ~;orps, or
(iii) a volunteer under the Domestic Volunteer Service Act of 1973,
iv) a full-time volunteer in a tax-exempt organization performing service comparable to
~orp~ or under the Domestic Volunteer Service Act of 1973 (ACTION a~ency programs), or the service performed in the Peace
t V)am temporarily totally disabled as established by an affidav/t of
p roviding care required by my spouse who is so disabled, a qualified physician, or unable to secure employment because
(C) Fo.r · pe~od, not. in excess of two years during which time I am serving in an intJ. rnlhio which
may reeewe prorasmonm recognition requl~ed to begin my professional practice or service, mad - is requtred in order that I
D)
~ent asD~uri~iogst~ofrnaCoef Pe~k°~d-' _A~_fra~(:~,~ peris.d.t..s si~x .month. period followinf (i) ,the d. ate I cease to be ·t least a hair-thc· lau-
..... ~ .... ucatmn, or tn; me u·te the uexermenb described m suuparel~aph VI (1) (A), (B) or (C) exptre.
(2) The Le. nding Institution may, upon my application, defer or reduce any scheduled repayments if in ib
dina ~a~F~nntCirhc.uu~s~te~n~ce,~s,~luch as prolon,ed illness or unemployment, prevent me from ruskin such rena~*. *,*- ~p_~i~o..~ e~x~t~o~
VIL CANCELLATION FOR TEACBING.
(1) I am entitled to have up to 100 percent of the amount of this loan plus the intm~st thereon cancelled ff I underteb service -
(A.) as a.full-time teacher in a public or other non-profit elementary or Meondar~ school which b in a schoo d
~edue. ationm al·ney which is el~ible for funds under Title I of th~ ~.t&--..~.-- . ~ ~ .......... ! Istrlct of a lo·al
nas seen dedwnated by the Secretary in accordance wtth eh* ~.,~.,~,,~,",.-~.'~"~'-;-~--~ o.~o.na.M~. ~n¥~epslo.n..Act of. 1965 and which
school with a high enrollment of students bom low-income*~-o~ .... oecuon *~o ~a; tz~ or the Hl~l~er gaueation A~t u a
impair~ children who by reason thereof require special edu
or secondm~ school system. ~-.. ?,m.~. ~cus; m a punne or omar non*profit element·fy
(2) This loan will be cane·lied ·t the foUowins rates:
(X) . 15 percent of the total principal amount of the loan plus interest on the unpaid b~hnce will be cancelled for the first and
second complete academic yea of that teachinl asrvice;
(B) 20 percent of the total intncipal amount plus interest on the unpaid balance for the thi~ and tousth complete academic
years of that teachinf servicel and
IC) · 30 percent of the total pn~ncipal ·mount plus interest on the unpaid balance for the fifth complete academic year of that
eaehinf sezvice.
VllI. HEAD START CANCELLATION
(1) I am entitled to have up ~ 100. percent of the amount of this' loun plus tho inter·et thereon eancened if I undertake mrviee-
u a full=time staff member in a ~le·d Start pro,ram if * -
(A) that Head St~t prom is operated for a period which is eompuabk to' a full school year in the locality, and
(B) my nasty is not more than the salary of a compmbis employee of the local educ~tiunai afaney.
(3) Head Start is a preschool program carried out under as·Sion 222 (a) ¢1) of the Economic Opportunity Act of 1964.
IY~ MILITARY CANCELLATION
(1) ! mn entitled to have up to 50 percent of the pxincipal amount of this loan
~i~tee~t~%e~ ~l~ot~i~ffatFe~oo~leO. f the United States in an area of hostilities that pin~..t..h.i.n, terest .~t.eroon cancelled if I retv. u
quauzlas rot spasm pay under reetion 310 of
(2) This loan will be cancelled at the rate of i2~ percent of the total principal amount plus interest on the unpuid baiance for
each complete year of such service.
X. DEATH AND DISABILITY CANCELLATION
Ifcelled.l should die or become permanently and totally disabled, the entire amount of this loan plum the interest thereon shall I~ eec.
XI. CHANGE IN NAME, ADDRESS, AND SOCIAL SECURITY NUMBER
I am responsible for informing the LendJn( Institution of any chanze or chanzes in my nme, address, or social aseucity number.
XIL PENALTY CHARGE
il)If I fail to mske timely
ion. under A.rtides Vl through ~,Y~ue?~m~ftoalls~m~t~earta;fpr~ha~de~xee~duein~tona~t~:' or..if_.l._,an~ e._li~_i~? ~f~or cl.·ferment or .cane,.lin.
me ny the Lending Institution. q , l 6- ..... ~ M~ PuT me cn~z~e a~e~e(1 mst
(2) No charge may exceed - *
(A) where the loan is ~payable in monthly installments, $~ for the first month or pert of · month by wMch tho installment
or ,evMenca is hte, and 82 for each month or part of · month there, after, or
(P~t ' where the loan is repayable in bimonthly or quarterly installments,
mezcof by which the installment or evidence is late. 83 ·nd $6, respa·tar·Ir, for each installment interval or
f) If thc Lendiol Institution elects to add the smeared chats· to the outetandlnl m4ncipai of thc loan, it mu~ so inform me
ore the due date or the next installment.
XIIL ASSIGNMENT
This .note ma), be mm~ned by the Lendinf Institution on]), - -
(1)
another
institution
sUoP~d~Ya~nrosvfee~l t~ytth~: sh~eeS~ir:~t~tim}oi: tthh:tt i~rpiot~et~,OnoziS pntticipatln, in this I~oEl~m (or, if not so
Pnrtietpating, is eligible to do
_~_)___.t.o the U..nitqd. States or t.o an l~. stttutinn ·pp:ovecl hr the See~taz~. The provisions of this not· that relate to tha Landins
n~x~lon analt, where approp%~mte, remte to an asci[nee.
XIV. PRIOR LOANS
tl~h_e_re~by~ e?.rtify, th_a.t l. have...l~ed b.elow all o.f the National Dircet Student Loans (or Nntinnai Defense Student Loons) I have
am~q a~ o~ner mstltuqons, rtl us prior loans nave been xeeeived~ state ~'None.'*)
Schedule of N·tinuai Direct Student Loans and Natinnai Defense Student Loans at other In~tutions
Amount Date Institution
..... ~ upers~e~ ~o~ ~ ~,*uu ~'hleh is comparable to' a full SChool ye~ ~ the leeway, ~d
(B) my ~y ts not more th~ the s~ of a eomp~able employee of the loc~ edueatlon~
2) Th~ 1~ wffi be g~ee
~.o vquivmo.~ oz s~r~ce ia of ,the tot~ P~O~ amount 01~ the ~te~st on the ~p~d b~
a Head St~ p~.
(3) Head St~ ~ a preschool pro.am c~ed out ~d~ ~etion 222 (n) (1) of the E~nomie Opoo~ity Act of 1964.
IX. MILITARy C~CELLATION
(1) ~ ~ en~e~ to have u
~.~emo~ of tue ~ed - P ~ ~ petit of the ~0M ~o
·me 37 of the U~t~ St.~ or ~e Umted S~tes m -- -- ~nt of t~ Io~ ~e ~st thmon e~Hed ff
-~es ~ooe. --. ~ea of ~ostffities that queer Iors
(2) T~ 1~ ~ ~e e~Hed at ~ pay und~ ~n 310 of
each ~moie~ ye~ or m~ ~. the rate of i2~ ~resnt of the tot~ p~p~ mo~t pi~ ~t~e~ on ~e ~O~d bM~ f~
~ DEATH ~D D~ABIL~y C~CELLA~ON
If I ~o~d die or become P~m~tl~ ~d ~t~y d~bkd, the ~ amo~t of ~ lorn plus ~e ~tm~ ~ ~
eeHed.
~- CH~GE ~ N~E, ADDRESS, ~D SOC~L SEC~y N~BER
I ~ ~~ for ~for~ ~e ~g ~tu~n of ~y ~ge ~ ~g~s ~ my ~e. ~, or m~M ~
~L PENALTY CH~GE
.... roes Vl t~u~ Ix, ~t f~ to __ d~d ~t~ent,
(2) No ~we may ex~d..
(A) v~ the lo~ b ~ ay~ble ~
or ~denfl b lite monthly ~
. , ~d $2 ~r each month or ~r ~ for ~ho f~ mon~ P~ of a mon~ by whl~ ~e
P~ ~- - -~uum mereaf~er9 or or
(B) whe~ ~e 1o~ b repn tbb k ~ontM or '
P~ereof by ~ the hS~ment ...... F . queerly h~e ** ,o .-=
~o. ~%~e~f~O~e~t ~d the m--d ohq. to the out..d~, Pdn~p, of the ]o~, it .= M h'o~ .0
~ ASSIGNMENT
~ ~o~ ms~ be ~d b~ the Lend~ ~t~n o~..
2) to the U~ S~t, or to
lffon~ whe~ ....... ~ ~ti~ aPp~ed by ~e Se~t~. ~e ~dons of t~ nob ~t rehte to tho
XIV. PRIOR LOANS
I hereby oee~r~e~y, t~.m.t .l. hf~ve.__H~;ed b.elow all of the l%rational D , .
rained at mcr msmutlons If treat S
· ( no peer loses h tudent Lomas
ave been received, state 'None.") (or Nctio~al Defense Student Loans) I have ob-
Schedule of Natioual Direct Student Loma and l%r~tional Defense Student Lomu et other institutions
Amo~t
Date
Institution
Cay. act. This note is to be executed
nor~ under the law o without secu~ '
me f the State in whi ty end without endoreemen
nt may be required. The Lendin* z-~-'-t--h-e, Len. d .i~.g Institution is loen*.,e m-l-t- ex~c?P.t, that If I mm
........ :v~,y o, m,- note to me - -~-,~,,on~ earner sec'ttldt~ or endOrSe:
Sffnature or endorser.
Date ,
Permanent Add,ese
Social Security Number.
Exhibit B
PERKINS
DICKINSON COLLEGE
CARLISLE, PENNSYLVANIA 17013
PROMISSORY NOTE - PREVIOUS .BORROWER
LOAN PROGRAM (formerly National Direct Student Loan)
l, William J. Ney
promise to pay to
Dickinson College (herein after called the Lending Institution) located at Carlisle. Pennsvlv.mi~. the sum of the amounts that are advanced
me and endorsed in the Schedule of Advances set forth below, i promise .'o 0ay all attor'ney's f,'¢s and other reasonable collection costs and
charges n. ecessary for the collection of any amount not paid when due. I further understand and agree that:
I. GENERAL .
(1) ~. All sums advanced under this note are drawn from a fund created under Part E of Title IV of the Higher Education Act of 1965, as
amended, hereinafter called the Act, and are subject to the Act and the Federal Regulations issued under the Act. The terms of this note shall be inter-
preted in accordance with the Act and Federal Regulations, copies of which are to be kept by the Lending Institution.
(2) P~ocedures for Receiving Deferment or Cancellation I understand that in order to receive a deferment or cancellation, I must request the deferment or
cancellation in writing from the Lending Institution, and must submit to the Lending Institution any documentation required by the Lending Institution to
prove that I quali~ for the deferment or cancellation. I further understand that if I am eligible for deferment or cancellation under Articles VI through X, I
am responsible for submitting the appropriate requests on time. I further understand that l may lose my deferment and cancellation benefits if I fail to file
my request on time.
II. INTERF_..VT
Interest shah accrue from thc beginning of the repayment period and shall be at the ANNUAL PERCENTAGE RATE OF FIVE PERCENT ($%) on
the unpaid balance, except that no interest shall accrue during any deferment period described in paragraph VI(l).
HI. REPA'~ViENT
(1) ! promise to repay the principal and the interest which aeemes on it to the Lending Institution over a period beginning 6 months after the date I cease to
be at least a half-time student at an institution of higher education, or at a compa~ble institution outside the United States approv~ for this purpose by the
United States Seereta~ of Education (hereinafter called the Secretary), and ending, unless paragraphs 1II(4), I11(;5'), III(7), or VI(l) applies, 10 yeats later.
(2) Upon myw~itten request, the repayment pe~od may start on a date earlier than the one indicated in paragm=aph III(1).
(3)(A) ! promise to repay the principal nnd inierest over the course of the ~:x~ment period in equal monthly, bimonthly or quarterly installments a~ deter-
mined by the L~. riding Institution. I understand that if my monthly payment for; aH the loans made to me by the Lending Institution is not a multiple of :{5,
the Lending Institution may round that payment to the next highest dollar amount that is a multiple of
(B) Notwithstanding paragraph III(3)(A), upon my written request, repayment may be made in graduated installments in acco~lance with a schedule ap-
proved by the Sec~ta~.
(C) The Lending Institution shah attach the schedule of repayments and the schedule will become pa~t of the note.
(4) Notwithstanding paragraph HI(I), if I quali~ as a Iow-income individual during the repayment period, the Lending Institution may, upon my written re.
quest, extend the repayment period for up to an additional l0 yea~ or adjust any repayment schedule to reflect my income, or both.
(~J(A) If the monthly rate that would be established under paragraph III(1), or the total monthly repaytnent ~te of principal and interest on all my Direct,
Defense and Perkins Loans including this loan, is less than ~30 per month, X shall repay the principal and interest on this loan at the rate of {30 pe~ month
(which includes beth lum~ncipai and interest).
(5)(B) If X have received Direct, Defense and Perkins loans from other institutions and the total monthly repayment rate on those loans is less than :~0, the
~ monthly rate eatablished unde~ subparagraph III($)(A) is the rate X pay on aH my outstanding Direct, Defense and Perkins Loans and is not in addition
to the amount ! pay on those other loans. The amount of my monthly repayment rate attributable to this loan is the amount which represents the difference
betv~en $30 and the monthly rates I must p~ on my other Direct, Defense and Pe~'kins Lonns.
(6) The Lending Institution may permit me to pay less than the rate of $30 per month for a Period of not more than one year where necessary to avoid
hardship to me unless that action would extend the ~payment pa~iod in pamg~ph
(7) The Lending Xnstitution n~y, upon my written request, reduce any scheduled ~payments or extend the ~uayment period indicated in paragraph Ili(1),
if, in its opinion, extraordinary circumstances such as prolonged illness or unemployment, prevent me from making the scheduled x~uayments. However, in.
retest shall continue to aec'me, '
IV. PREPAYMENT
(1) I may, at my option and without penalty, prepay all or any part of the principal, plus the aee~,_ed interest thereon, at any time.
(2) Amounts I repay in the academic year in which the loan was made will be used to reduce the amount of the Ionn and will not be considered a p~uayment.
(3) If I repay more than the amount due for any installment, the excess will be used to pt~uay principal unless X designate it as an advance payment of the
nex~ regular installment.
V. DEFAULT
(1) The Lending Institution may, at its option, declare my loan to be in default and may demand immediate payment of the entire unpaid balance of the
loan, including principal, interest and late charges if -
(A) I do not make a scheduled payment when it is due, and
(B) I do not submit to the Lending Institution on or before the date on which payment is due, documentation that i qualif~ for a deferment or cancellation
described in Articles VI, VII, VIII, XX, and X of this agreement.
(2) I undetstnnd that if I default on my loan ~:~unents, the Lending Xnstitution may disclose that I have defaulted, along with other relevant information, to
credit bureau 0rgnnizntions.
(3) Further, I understand that if I default on my loan repayment and the loan is ~ent to the Secretary for collection, the Secretary may disclose that I have
defaulted, along with other relevant information, to credit bureau o~anizations.
(4) X understand that if the Lending Institution a~celerates the loan under parngraph V(1), I will lose my cancellation and deferment benefits for service per-
formed after the date the Lending Institution a~eele~ted the loan.
(5) I understand that failure to pay this obligetion under the terms ag;reed upon will prevent my obtaining additional student financial aid authorized under
Title IV of the Higher Education Act of 1965, as amended, until I have made arrangements which are satisfactory to the Lending Institution or the Seeretat~
rega~ling the repayment of the loan.
VI. DEFERMENT
(1) Interest will not accrue, and installments of principal need not be paid -
(A) While ! am enrolled and in attendance as at least a half-time student at an institution of higher education or at a comparable institution outside the
United States approved for this purpose by the Secretary.
(B) For a period of tin'ce (3) years during which I am -
(i) On full-time active duty as a member of the Armed Yo~ces of the United States (Army, Navy, Air Fo~ca, Marine Corps, or Coast Ouard) or an officer
on full-time active duty in the Commissioned Corps of the U.S. Public Health Service,
(ii) In service as a volunteer under the Peace Corps Act,
(iii) A volunteer under the Domestic Volunteer Service Act of 1973 (AC-'YlON programs),
(iv) A full-time volunteer in a tax-exempt organization performing service comparable to the service performed in the Peace Corps or under the Domes-
tie Volunteer SetMce Act of 1973, or
(v) Temporarily totally disabled as established by an affidavit of a qualified physician, or unable to secure employment because I. am providing care re-
qui~c--d by my ~pou~e who is so disabled, '
(C) For a period not in excess of two (2) years after I receive a baccalaureate or professional degree duringwhieh time I am se~dng in an internship which
is required in order that I may receiv~ professional recognition required to begin my professional practice or service; and EX~'fBTT "B"
.' -.'" '"Y ~nontrHv payment tot at~ me loans · _
the Lending InstitutiOn may round that payment to thc next · ~ . ~ade to mc ~ the ~ndin~ Institution is not a multiple of
(~) Np~thstanding pa~ph III(3)(A), u~n my ~tten requ~t, m~ent may be ma~e in ~duat~d i~milmenm in acco~anee ~th a <hedule ap-
p~¢d by the ~taw. ht~est dollar amount that m a multiple of ~.
(~ ~a ~nding I~titution shall attach the ~hedule of ~Pa~en~ and thc ~edule ~ll
(4) No~t~tanding ~m~ph III(l), if I quali~ ~ a [~-in~me i .......... ~ of the not~.
quit, ~end thc ~pa~ent ~fi~ for up to an additional 10 ~, or adj~t any ~nt ~hedul~ to ~ ~ incom~, ~ both.
-u~ouai ounng me ~ent ~, ~e ~ndMg ~fitution m~, u~n my ~tten
(~(A) ff the month~ rote that ~uld be ~bl~hed under pa~ph 1II(1), or the total monthly ~ent rote of pfin~ and inte~ on all ~ D~
Defe~ and Per~ ~ns including thh l~n, ~ I~ than $~ ~r month, I sha~ ~y the pfinci~l and mte~ on ~ l~n at the rote of ~ ~r month
(which Mclud~ both pfin~l and inter, t). '
(5)~) ff I h~ ~e~d Di~t, Defe~ and Per~ ~ from other i~timtiom ~d the tot~ mont~ ~ent m~ ~ th~ 1~ ~ I~ t~n
~ month~ ~te ~blished un~r subgrouph I]~)(A) ~ the rote I ~ on aa ~ ou~nding Di~t, Defe~ ~ Pe~ ~ and ~ not in addition
to the amount I ~ on ~ o~er 1~. ~e arno t of ~ mont~ ~ent rote attfibu~ble to this l~n is the amount ~ich ~n~ the diffe~n~
helen 5~ and the month~ ~t~ I m~t ~y on ~ other Di~ Defe~ and Per~ ~n$.
(6) ~e ~nding Institution m~ ~it me to ~ I~ than the ~te of ~ ~r mon~ for a ~fi~ of n~ mo~ than one ~ ~e~ n~ to ~id
h~h~ m me unl~ t~t ac~on ~uld ~end the ~ent ~fi~ in ~m~ph HI(l).
(~ ~ ~nding ~titution ~, ~n my ~Ren ~qu~t, ~ducc a~ ~hedulcd ~en~ ~ ~end the ~ent ~fi~ M~ted in ~m~ph ~(l),
if, in i~ ~ini~, e~i~ ~tances such ~ prolonged illn~ 0r uncmp~ent, p~nt me ~m m~ng t~ ~cduled ~n~ H~r,
te~t shMI ~n~ue to a~c.
(1) I ~, at ~ ~tion and ~thout ~nalW, p~ all or ~: P~~
any ~R ot the p~k pl~ the a~d Mtc~t ~em~ at a~ ~
(2) ~n~ I ~ in thc a~demic ~r in which the l~n ~ mdc ~!1 ~ ~ to ~u~ the mount ~ tho I~ ~d ~ not be mmide~d a ~ent
(3) If I ~ mo~ than the ~ount duc for any inst~ment, the ~ ~1 ~ ~ to p~ pfin~ un~ I d~m it ~ ~ a~n~ ~ent of
n~ ~lar i~tailment.
(1) ~e ~nding I~ti~fion ~, at i~ ~tion, decla~ ~ l~n to be in default and ~ demnd immedMt~ ~ent of the en~ un~id baMn~ of the
l~n, including pfin~l, intemt and Mtc cha~ if -
(A) I do not rake a ~ul~ p~ent ~cn it ~ due, and
(B) I do not ~bmit to the ~nding I~titution on or befo~ the ~te on ~ch ~ent ~ due, d~mcntation that i q~ for a ~fement or ~n~lla~on
d~b~ ~ ~iel~ ~, ~ ~, ~ and X of th~ a~emenL
(2) I un.mind t~t ~ I default on ~ l~n ~en~ the ~nding lnstimfiod may ~!~ t~t I h~ defaultS, along ~th other ~l~nt info~ation, to
(3) PuSher, I undemmnd t~t if I default on ~ I~n ~t ~d the l~n M ~nt to the ~ f~ ~lle~on, the'~ m~ d~l~ ~at I
~faulted, along ~th other ~l~t ~fo~fion, m ~it bumu o~n~tio~
(4) I unde~mnd that ~ ~ ~nding l~ti~tion a~lemt~ the 1~ ~der ~ph V(1), I ~ i~ my ~llafion and def~ent benefi~ f~ ~ee ~r-
fomed after the date the ~nd~g ~fi~tion a~ele~ted the l~n.
(~ I undem~nd t~t failu~ to ~ ~ ~li~fion under ~ tern a~d ~n ~1 ~nt ~ ~ning addifio~ s~nt fmn~M aid autho~ under
~fle ~ of th~ ~er ~u~tion ~ of 1~, ~ a~ndcd, until I ~ mdc a~g~men~ ~ich a~ ~a~o~ m the ~nding ~fi~fion ~ ~e ~
~ing the ~ent of the I~n.
(1) ~te~ ~!1 not a~e, ~d ~en~ ~ ~1 n~ not be paid.
(A) ~le I m emll~ ~d in aRen~n~ ~ at l~t a ~if-fime student at an imitation of hi.er eduction ~ at a ~m~ble i~fi~ ou~ide the
UMt~ Smt~ a~ for t~ p~ ~ the ~.
~) For a ~fi~ of t~e (3) ~ dung ~ieh I am -
(i) On full-time a~ duw ~ a member of thc ~ed Fo~ of the U~ted S~t~ (~, Naw, ~ Fo~, ~fine ~ ~ ~t ~) ~ an o~cer
on fuli-t~e a~ du~ ~ the ~ion~ ~ of the U.S. ~blie Health ~ee,
(fi) In ~ ~ a ~iuntecr under the P~ ~ ~
(iff) A ~lunte~ under ~e ~m~tic Volunteer ~ ~ of 1~ (A~ON
(~) A fuil-t~e ~lunt~r in a ~mpt o~n~tion ~o~ing ~ ~m~ble to ~e ~ce ~ffomed M the P~ ~ or under the Dom~
fie Volunt~r ~ce ~t of ~, or
(v) Tem~m~ to~ d~bled ~ ~tabl~hed ~ an affid~t of a q~lified ph~icMn, or unable to ~ empl~ent ~ I ~ ~d~g ~
. (~ ~or a ~fi~ not in ~ of ~ (2) ~ after I ~ a ba~laumte or p~f~ional de~ during ~i~ time
(2) ~e ~nding Institution ~, u~n ~ ~tten ~u~t, defer my ~heduled ~en~ if it dete~in~ t~t the defe~ent ~ n~ to ~id a fman-
~al ~ship for m~. Intent, h~r, ~U ~ntinu~ to
(1) I am entitl~ to h~ up to 1~ ~ent of the a ~I~ ~~QN FOR ~~G ' .
mount or tam ~oan pl~ th~ mt¢~t thereon ~nc~lled if I und~ak~ ~.
(A) ~ a full-fim~ t~cher for a compl~t~ a~d~mic ~ in a public or other nonprofit ¢lgm~nta~ or ~n~ ~1 ~ich ~ in th~ ~h~l d~ of
1~1 ~fional a~n~ ~ch ~ ~li~bl~ in a~ ~ar of ~ for ~n~ under ~aptor I of the ~u~fi~ ~li~fion and Imminent ~ of ~1,
amend~ and ~ich h~ ~n d~i~atCd ~ ~ ~taw (after ~lmfion ~th ea~ State D~nt of ~fion) in a~an~ ~th th~ p~m of
~ction ~(a)(2) of thc ~t aa a ~h~l ~th a hi~ ~nccnt~tion of ~d~nta f~m l~-in~m~ familia. ~ official Dim~ow of d~ated l~-i~m~
~h~ ~ pub~hed ann~l~ ~ th~ ~ta~.
~) ~ a full-tim, t~cher of handi~p~d children (Mcluding mental~ mta~¢d, ha~ of h~afin& d~f, ~h and lan~ ~imd, ~1~ ~nd.
thereof ~uim ~al education and related ~c~) in a public or other nonp~fit elCmenta~ or ~conda~ ~1 ~te~
(2) ~is l~n ~!1 be ~nc~lled at the foiling mtn:
(A) ~ ~nt of th~ ~ml pfinci~! amount of the loan plus interest on the unpaid balane~ ~11 ~ ~neelled for th~ fi~t and ~ond ~mplet~ a~demic
~a~ of that t~ching ~ce,
~) 20 ~<ent of the total principal amount pl~ intcmt on the un~id balance for thc thi~ and fou~h complete a~d~mie ~a~ of that teaching
and
(~ ~ ~ment of th~ total principal amount pl~ intemt on thc unpaid balan~ for the fifth ~mpl¢t~ academe ~ar of that t~ehing ~c~.
VIII. HEAD START CANCELLATION-
~!~, I am entitled to have up to 100 percent of the amount of this loan plus the/nterest thereon cancelled if I undertake setv/ce as a full-time staff member in
· ~[ead Start program if-
iA) That Head Start program is operated for a period which is comparable to a full school year in the locality, and
{B) My salary is not more than the salary of a comparable employee of the local educational agency.
(2~ This loan will be cancelled at the rate of 15 percent of the total principal amount plus interest on the unpaid balance for each complete school year or the
~nivale~t of service in a Head Start program.
(3)' Head Start is a preschool program carried out under the Head Start Act. (Subchapter B, Chapter 8 of Title VI of Pub. 1.. 97-35, the Budget Re~oncilla.
t/~n~Act of 1981; formerly authorized under section 222(a)(1) of the Economic Opportunity Act of 1964).
IX. MILITARY CANCELLATION
(1~. l~am entitled to have up to 50 percent of the principal amount of this loan plus the interest thereon cancelled if I ~exvo as amember of the Armed Forces
~l~ ~ U~ited ' · · ·
States m an area of hostilities that qualifies for special pay under section 310 of Title 37 of the United Statea Code.
(2]~ This loan will be cancelled at the rote of 12-1/2 pex~nt of the total principal amount plus interest on the unpaid balance for each complete year of such
X. DHATH AND DISABILITY CAN~TION
~j~ In the event of my death, the total amount owed on ~ loan will be cancelled.
42') If ! become totally and permanently disabled after I recebre this loan, the Lending Institution will cancel the total amount of this loan.
XI. CHANGE IN NAME, ADDRESS, TELEPHONE NUMBER AND SOCIAL SECURITY NUMBER
~ am re~po~ible, and
da~ security number, any endomer is responsible, for informing the L~nding Institution of any change or changes in name, addre~, telephone number or so.
XIL LATE CHARGE
(I),, The Lending Institution may impo~ a late charge if -
(A~): I do not make a scheduled payment when it is due, and
(B) 1~ do not submit to the Lending Institution on or before the date on which l:nvfment is due, documentation that I qualify for a deferment or cancellation
descrii~d in Articles VI, VII, VII~, ]X, and X of this agreement.
(2) ~ ~ may exceed twenty (20) percent or my monthly, bimonthly or quarterly payment.
~3:) '0~) 'I'ne Lending/n~itution may -
(i) Add the late ehar~ to the principal the day after the scheduled repayment was due, or
(ii) Include it with the next scheduled repayme~it after I hav~ received notice of the late charge.
~B) If the Lending Institution elects to add the asaer,~l charge to the out~tanding principal of the loan, it must so inform me before the due date of the
~ installment.
XIIL ASSIGNMENT
il) ~ note may be a~/gned by the Lending Institution only to - (A) Ti~ United Stat~
(B} Another institution upon my tmusfer to that institution if that institution i~ participating in this pro,ram; or
(C) Another institution apprc~ed by the Sec~tary.
~ The provisious of this note that relate to the Lending Institution shall, where appropriate, relate to an a~ignee.
XlV. PRIOR LOANS
hereby certify that I have listed below aH of the Perkins Loans (National Direct Student Loans and National Defense Student Loans) I have obtained at
~ institutious. (If no prior loans hav~ been ~'eived, state 'None.')
SCI4h'~ULE OF PERKINS LOANS (NATIONAL DIRECI' STUDENT LOANS AND NATIONAL DEFENSE STUDENT LOANS) AT
~ INSTITWI~ONS
AMOUNT DATE NAME OF INSTITUTION
1.
XV. SCHEDULE OF ADVANCE~
Tm~ following amount~ were advanced to me under this loan agreement on the dates indicated:
AMOUNT DATE SIGNATURE OF. BORROWER
1. $750.00 7/87 ~
2. $750.00 12/87
3.
NO~ICE TO BORROWER: DO NOT SION THIS NOTE BEFORE YOU READ IT. THE LENDING INSTITUTION MUST SUPPLY TO
YOU AND ANY ENDORSER A COPY OF THIS NOTE Cl'his note is signed as a sealed instrument.)
PermanentAddress(Stre~t/t~';~ .... ~ Date .//--/9 19....~;~7.
x Number, City, State, and Zip)
s ,rity Number Cbor r mu.,t p o, de)
'/'iie Oolrower ann Landing in,g~itution snail execute mia note w~/i~out ,~ecu~ity an6 w/thou/ endors~me~t unies,s th~ borrower ia a t~iial~r and this note w~c,uici
not, under the law of the State in which the Lending Institution is located, create a binding obligation. If the borrower is a minor and th/s note would not,
therefore, be legally binding, the Lending Institution shall require a cosigner to this note:
(u) Include it with the next scheduled repayment al,,-- g ~.-- ~-,=u repaymc-, ,-as due, or
(B) . If the Lending Institution elects to add the .......... cenn~d notice of the late charm.
~tt installment, o.--~..~cu charge to the outstanding prinei -'~'-' _
. . Pal of thc loan, it must so inform me before the due date of the
(]) This note may b~ assigned by the Lending Institution only to - XIII. ASSIGNMENT
(A) The United Stat~ ~
~B) Another institution upon my transfer to that institution if that institution is participating in this program;
(C) Another institution approved by the Secretary. or
42) Thc prov~ions of this note that relate to thc Lending Institution Shall, where appropriate, relate to an assignee.
XIV. PRIOR LOANS
] hereby' ce~ify that I have listed below aH of the Perkins Loans (National Direct Student Loans and National Defense Student Loans) I have obtained at
~ institutions. (If no prior loans hav~ been received, state "None.')
SCHI~ULE OF PERIONS LOANS (NATIONAL DIRECT S'FUD~ LOANS AND NATIONAL DEFENSE STUDENT LOANS) AT
OIliER INS'ITrr. rI'IONS
AMO~ DATE
NAME OF INSITI'IYlION
The following amounts w~re advanced ....... XV. SCHEDULE OF ADVANCES
Lu me unoer mis loan agreement on the dates indicated:
AMOUNT
DATE
1. $750.00 7/87
$750.00
Z2/87
A. ~y OF THIS NOTE. ('r~is note is si~ned as a sealed instrument )
SIGNATURE~ ~ ·
PennanentAddre~s(Stre~torBoxNumhe?/~;,,, ~ ....... ~ ,'9~. ~.~ .'"'~ ~ ~'--'~----~-~ _Date. _///--/~t 19 ~7
-,,-~ to,~=, or trax Number, ~, State, and ~p) ~ /~ /~ ~ ~_ ~ ~ ~ - . ......
'~e ~=m~r ~d ~a~ing i~timtion s~ii ~utz ~ note w~i~ou~ ~ an~ ~thou~ enao~-~e~t uni~ ~hc bo~r ~ a ~a~r ~ th~ aoto ~ui6
~ y .,,~u.~ ,u~ ~nalng restitution snail ~ui~ a ~er to th~ note'
~ONA~ OF COSIG~
Datc 19
Pc~anent Add~ (Street or ~ Number, ~W, State, and ~p) ~
(2O U.S.C. ZO87dd)
Format by the National ,Association of Student Financial Aid Administrators.
Exhibit C
DICKINSON COLLEGE
CARLISLE, PENNSYLVANIA .17013
-O6
PROMISSORY NOTE - PREVIOUS BORROWER
PERKINS LOAN PROGRAM (formerly National, Direct Student Loan)
i, Wi 11 i am J. Ney promise to pay to
Dickinson College (herein after called the Lending Institution) located at Carlisle. Penn.~ylvani;, the .~um of Ihe amounts that are advancnd to
me and endorsed in the Schedule of Advances set forth below. I promise fo pay all attorney's fees and other reasonable collection costs and
clear,es necessa~ for the collection of any amount not paid when due. ! further understand and agree that:
· L GENERAL
(1) Aoolicable [,aw. All sums advanced under this note are drawn from a fund created under Part E of Title IN/' of'the Higher Education Act of 1955, as
amended, hereinafter called the Act, and are subject to the Act and the Federal Regulations issued under the Act. The terms of this note shall be inter.
prated in accordance with the Act and Federal Regulations, copies of which are to be kept by the Lending Institution.
(2) Procedures for Reeeivinf Deferment or Ca.a_¢e!lation~ ! understand that in order to receive a deferment or cancellation, I must request the deferment or
cancellation in writing from the Lending Institution, and must submit to the Lending Institution any documentation required by the Lending institution to
prove that I qualify for the deferment or cancellation. ! further understand that if I am eligible for deferment or cancellation under Articles VI through X, I
am respo~ble for submitting the appropriate requests on time. i further understand that I mm/Ieee my deferment and cancellation benefits if I fail to file
my request on time.
II. INTE~
Interest shall accrue from the beginning of the repayment period and shall he at the ANNUAL PERCENTAGE RATE OF FIVE PERCENT (5%) on
the unpaid balance, except that no interest shall accrue during any deferment period described in paragraph I/I(1).
' III. REPAYMENT
(1) I promise to repay the principal and the interest which accrues on it to the Lending Institution over a period beginning 6 months after the date I cease to
be at least a half-time student at an institution of higher education, or at a comparable institution outside the United States approved for this purpose by the
United States Secretary of Education (hereinafter called the Secretary), and ending, unless paragraphs III(4), II[(5), Iii(7), or VI(l) applies, I0 years later.
(2) Upon mywritten request, the repayment period may start on a date earlier than the one indicated in paragraph Ill(l).
(3)(A) ! promise to repay the principal and interest over the course of the repayment period in equal monthly, bimonthly or quarterly installments as deter-
mined by the Lending Institution. I understand that if my monthly payment for all the loans made to me by the Lending Institution is not a multiple of $.5,
the Lending Institution may round that payment to the next highest dollar amount that is a multiple of $5.
03) Notwithstanding paragraph III(3)(A), upon my written request, repayment may be made in graduated installments in accordance with a schedule ap-
proved by the Secretary.
(C) The Lending Institution shall attach the schedule of repayments and the schedule will become part of the note.
(4) Notwithstanding paragraph Iii(l), if I qualify as a Iow-income .individual during the repayment period, the Lending Institution may, upon my written re.
quest, extend the repayment period for up to an additional 10 years, or adjust any repayment schedule to reflect my income, or both.
(5)(A) If the monthly rate that would be established under paragraph III(1), Or the total monthly repayment rate of principal and interest on all my Direct,
Defense and Perkins Loans including this loan, is less than $30 per month, I shall repay the principal and interest on this loan at the rate of $.30 per month
(which includes both principal and interest).
($)03) If ! have received OireL-t, Defense and Perkins Loans from other institutions and the total monthly repayment rate on thrum loans is less than $30, the
$30 monthly rate established under subparagraph III($)(A) is the rate I pay on all my outstanding Direct, Defense and Perkins Loans and is not in addition
to the amount X pay on those other loans. The amount of my monthly repayment rate attributable to this loan is the amount which represents the difference
between $30 and the monthly rates I must pay on my other Direct, Defense and Perkins Loans.
(6) 'I~he Lending Institution may permit me to pay less than the rate of $30 per month for a period of not more than one year where necessary to avoid
hardship to me unless that action would extend the repayment period in paragraph III(1).
The Lending Institution may, upon my written request, reduce any scheduled repayments or extend the repayment period indicated in paragraph m0),
~f,7)in its opinion, extraordinary circumstances such as prolongad illness or unemployment, prevent me from making the scheduled repayments. However, in-
terest shall continue to accrue.
IV. PREPAYMENT
(1) ! may, at my option and without penalty, prepay all or any part of the principal, plus the accrued interest thereon, at any time.
(2) Amounts ! repay in the academic year in which the loan was made will be used to reduce the amount of the loan and will not be considered a prepayment.
(3) If I repay more than the amount due for any installment, the excess will be used to prepay principal unless I designate it as an advance payment of the
next regular installment.
1/. DEFAULT
(1) ~ Lending Institution may, at its option, declare my loan to be in default and may demand immediate payment of the entire unpaid balance of the
loan, including principal, interest and late charges if -
(A) ! do not make a scheduled payment when it is due, and
03) I do not submit to the Lending Institution on or before the date on which payment is due, documentation that i qualify for a deferment or cancellation
described in Atttclca VI, VII, VIII, IX, and X of this agreement.
(2) ! understand that if I default on my loan repayments, the Lending Institution may disclose that X have defaulted, along with other relevant information, to
credit bureau orgnnizations.
(3) Farther, I understand that if I default on my loan repayment and the loan is sent to the Secretary for collection, the Secretary may disclose that I have
defaulted, along with other relevant information, to credit bureau organizations.
(4) I understand that if the Lending Institution accelerates thc loan under paragraph 1/(1), i will lose my cancellation and deferment benefits for sewice per-
formed after the date the Lending Institution accelerated the loan.
(5) ! understand that failure to pay this obligation under the terms agreed upon will prevent my obtaining additional student financial aid aut'horized under
Title W' of the Higher Education ,Act of 1965, as amended, until I have made arrangements which are satisfactory to the Lending Institution or the Secretary
regarding the repayment of the loan.
VI. DEFERMENT
(1) Interest will not accrue, and installments of principal need not be paid -
(A) While I am enrolled and in attendance as at least a half-time student at an institution of higher education or at a comparable institution outside the
United States approved for this purpose by the Secretary.
03) For a period of three (3) years during which I am -
(i) On full-time active duty as a member of thc Armed Forces of the United States (Army, Navy', Air Force, Marine Corps, or Coast Guard) or an officer
on full-time active duty in the Commissioned Corps of the U.S. Public Health Sewicc, (ii) In service as a volunteer under the Peace Corps Act,
(iii) Avolunteer under the Oomestio 1/olunteer Service Act of 1973 (ACTION programs),
(iv) A full-time volunteer in a tax-exempt organization performing service comparable to the sawice performed in the Peace Corps or under the Domes.
tie 1/olunteer Service Act of ].973, or
(v) Temporarily totally disabled as established by an affidavit of a qualified physician, or unable to secure employment because I am providing care re.
quirecl by my spouse who is so disabled,
(C) Fora period not in excess of two (2) years after i receive a baccalaureate or professional degree during which time i am serving in an internship which
is required in order that i may ~eceive professional recognition required to begin my professional practice or service; and
_(.D)...Du~ng.a. six (6) month period follcra,~ing the expiration .of. my deferme_n! in paragraph VI(1)(A) thrc~.ugh V*I(I)(C). EXHIBIT 'C"
~.o1 x'~utwnnstanamg paragraph III(3)(A). upon · - ...... an, .................
my x~ttcn r~quest ...... ~ .... k. __~p~e of ~.
P~ed ~ the ~c~ta~ .... ~.~,,, ........ ~ ~ ,-.ue m ~duated installmcnts in acco~ance ~th a ~hedule ap-
(~ '~e ~nding Institution shall attach the ~hedule of m a .
(4) No~thstafiding ~m~ph III(l), if I ~uali~ ...... P ~ent~ and the ~hedule ~!1 become ~n of
~ ,y ~ a ~-:ncomc i d' · · the
~?st, ~tend thc ~pa~cnt ~fi~ for un to 'n .a~:., ..... n ~dual dunng the ~pa~cnt ~H~ .~ ~ote.
(5)(A) If the month~ rote that ~uld b~ est;bl~'~ ~u ~am, o~ adjust a~ ~pa~en~hedul~.t~*~:~ ~?ing I~titution may, u~n my ~ttcn
=-~ unuer pam~ph III(l~ ~. ,~ ..... ~ .... ~,.. __ "~ ~ m~me, or
Defe~ and Per,ns ~ns including this I~n, is I~ than $~ ~r month, I ~hail rcp~ the principal and intent on this I~n at the ~te of $~ ~r month
(which includ~ ~th p~ncipaf and inter.t), p~ncipal an~ intent on all my
(~)(B) IE I h~ ~cg~d Di~t, ~c~ensg and Perkins ~ns ~m other institutio~ and the total monthly ~ent ~te ~ th~ l~os ~ f~ than ~, the
~ month~ ~t~ ~tabfJshed under sub~ph IH(5)(~) is the ~te I p~ on all
to the am~nt I ~ on th~ other i~n~ ~e amount o~ ~ month~ ~ent ~ ou~tanding Di~, De~e~ and Perkins ~ns and ~ not in ~JtJon
bc~en ~ and the month~ ~t~ ] must ~ on mu other Di~t. rote att~butable to th~ I~n Js the am~nt ~ich ~p~na the di~e~n~
(6) ~e ~nding I~titution m ....... / . . Dcfen~ and Pe~
ha~ship w ~,-m me ro pay ~ than thc ~tc of S~ ~r month ~ a ~fi~ of not mo~ than one ~r whc~ ne~ to a~id
~0m~ un~ ~h~t action ~uld ~end the m~ent ~H~ in
(~ ~a ~nmng l~titution m~ u~n ~ ~tte~ ~qu~t, ~duce any ~hcdulcd
' m~en~ or ~tend the m~cnt ~fi~ indicated in ~m~ph ]~(1),
iE, in i~ opinion, ~mo~ma~ ~mstan~ such as prolonged illn~ or uncmpl~ent, p~nt me ~mm making the ~hcdulcd m~ents. ~r,
te~t shall mntinua to a~
(]) [ m~, at ~ ~tion and ~thout ~nal~ -~ ....... ~:
(2) Amoun~ Z ~y in the a~dcm~ ..... ~ P ~;.~ ~" ~r a~ ~ or the pHn~pal, pl~ the a~ed into t ~c~n a
~ ,~/~r ,n WfllCn me I~n ~ a. ~.. ....... ~ , t a tim~
~ ..... , ~ u~eu to mauca the amount of the I~n and ~1 not be ~idemd a pm~ent.
(3) If I ~ mo~ than the amount due for a~ installment, the ~c~ ~ll be u~d to pm~ p~nci~l unl~ I d~i~ate it as an a~n~ ~ent of the
n~ m~lar installment.
V. DEFA~T
(1) ~ ~nding Institufi~ ~ at ~ ~tion, d~cfa~ ~ I~n ~o b~ in default and m~ ~emand imm~iat~ ~ent of the ~nti~ un. id balanc~ of th~
loan, fncfudJng p~ncipal, intent and late cha~ if.
(A) I do not mak~ a ~heduled ~ent when it is due, and
(B) I do ~t submit to the ~ndin~ Institution on or ~fo~ the date on ~ich ~nt ~ due, d~m~ntation that ~ quali~ ~or a def~ent or ~n~llati~
d~dbed ia ~icl~ ~, ~I, ~II, ~ and X of this
(2) I und~and that if I default on mF I~n ~cnts, the ~ndin~ Institution m~ di~fose that I h~ defaulted, along ~th other ~l~nt tnfo~ati~,
c~it bu~au o~n~tio~.
(3) Fu~her, I u~e~tand that if I default on ~ I~n ~nt and th~ l~n is ~nt to the ~ta~ for ~lle~ion, th~ ~ta~ m~ di~l~ that I h~
d~fault~d, along ~th other ~l~nt into~ation, to ~d[t bu~au o~ni~tions.
(4) I undemand that if the ~ndin8 Institution a~l~mt~ the loan under ~ph V(1), ~ ~lf [~ ~ cancellation and d~fe~nt ben~fi~ for ~ce ~r-
foxed after the dat~ the ~ndin~ ln~itution acclimated the l~n.
(~) l under, nd that faJiu~ to ~ ~is ~fi~tion under the te~s a~ed u~n ~11 p~nt mF obtaining ~diti~al s~dent ~nancial aid authored under
~flc W of the Hi~r ~u~tion Act of 1~, as amended, until [ ha~ mad~ a~ng~m~nts which a~ ~tisfa~o~ to th~ ~nding l~fitution or th~ ~ta~
~in~ the ~ent of th~ l~n.
~. D~~
(1) Intent ~ll not a~e, and i~llmen~ of p~n~l need not be ~id -
(A) ~ile I am ~nmll~ a~ in attendan~ as at le~t a half-fim~ student at an institution of hi.er ~du~t~n or at a com~bl~ institution ou~Me
United Stat~ app~d for th~ ~ ~ th~ ~ta~.
~) For a ~fi~ of th~ (3) ~ dumas which I am -
0) Oo full-~m~ act~ du~ ~ a mem~r of the ~d Fo~ of th~ United Stat~ (A~, N~, Air Fo~, Ma~ne ~, or ~st Guam) or an o~c~r
on fuil-fim~ act~ du~ in th~ ~mm~ioncd ~ of the U.S. ~blic Health ~ce, (ii) In ~ce as a ~iunteer under the Pca~ ~ Act,
(iii) A ~lunte~r under the ~m~tio Volunteer ~c~ Act of I~ (A~ON p~ms),
(~) A ' ·
full-tsme ~lunteer m a t~mpt o~n~tion ~ffo~ing ~ce eom~ble to the ~ce ~ffo~ed in the P~ ~ o~ under the Dom~.
tie Volunteer ~ Act of 1~, or
(v) Tem~mfi~ total~ d~bled ~ ~tablished
quimd ~ ~ who is ~ d~bled, ~ an a~d~t of a qualified ph~ician, or unable ~ se~m empl~ent because [ am p~dlng mm
(~ For a ~ not in ~ of ~ (2) ~m after I ~ a ba~lau~te or pmf~ional de~e du~ng ~ich time I am ~ng in an internship ~ich
~ mqui~ In offer that I m~ ~ce~ Pmf~ional ~ition ~uimd to be~n ~ pm[~ional pn~i~ ~ ~a; and
(D) Du~ng a s~ (6) month ~fi~ foiling the ~intion of m
:2) ~e ~nding Institution ma~ ..... ~ y defe~ent in ~m~ph ~rl~/A~ th~.-~ · ......
~ u~n my~tten mauest_ defer ~-~-~-~ ........ '-_'~ 7 "~'~s ~
:iai he.ship for me. Intent, h~r, ~ll continue to a~me.
. , m~ .... -~,~u [c~cnrs.tr it ~etemin~ that the defe~ent is n~ to ~id a finan-
~I. ~~ON FOR ~ING
~1) I am entitled to h~ up to 1~ ~ent of the amount of this loan plus the intent the~on ~n~ll~ if t undeflake ~ce. .
(A) ~ a full-time t~cher for a ~mplete a~demic ~ar in a public or other nonp~fit elementa~ or ~nda~ ~h~l ~ich ~ in the ~1 dis~ of a
~al educational a~n~ ~ich ~ eli~ble in ~ch ~ar of ~ f~ funds under ~apter I of the ~u~tion ~Mlidation and lmp~ment A~ of 1~1, as
tmended, and which h~ been d~i~ated ~ the ~ta~ (a~er consultation ~th each State De~ment of ~ucation) in ~ance ~th the P~ions of
;e~ion 4~(a)(2) of the Act ns a ~h~l ~th a hi~ ~ncent~tion of students from l~-in~me famili~ ~ offifial Di~cto~ of d~i~ated I~-in~me
~h~ls ~ publishe~ annual~ ~ the ~ta~.
(B) ~ a full-time teacher of handicap~d child~n (includin me
~ap~, ~m?~ emotionally distu~ed, onho~diea v i~..i..- ~ .... ntally..~ta~e~, ha~ or heann& dgaC ~ech and
ne~or ~qut~ soecial edu~ ' - --a --, ..... ;_. II, ----r .... u, cnnaren ~tn s~citBc Icamin di~bilit' -- _ l~-=--e-.im~i~d, ~ual~ hand-
...... tm ,,~ ,~atcu sc~ces~ in a ~..-- .......... g t~, or other health.tm ai child~n, who ~ ~n
~) tins l~n ~11 be cancelled at the foiling ~tes: / r-~,,~ u~ umcr nonp~nt etementa~ or seconda~ ~h~l ~tem. P ~
(A) 15 ~ent of the total pfinci~i amount of the loan plus interest on the unpaid balance ~!1 be ~ncelled for the fi~t and ~cond ~mplete a~demic
~ of that teaching ~ce, '
(B) 20 ~ent of the total principal amount pl~ intent on the unpaid balance for the thi~ and fourth ~mplete academic ~a~ of that teaching se~ce,
nd
(~ ~ ~ent of the total principal amount plus inter~t on the unpaid balance for thc fifth ~mplete academic ~ar of that teaching se~ce. '
VIII. ~ ~I'ART CANCELLATION
(1) I am entitled to have up to 100 percent of the amount of this loan plus the interest thereon cancelled if I undertake ser~-e as a full-time staff member in
a FIesd Start program if-
(A) That Head Start program is operated for a period which is comparable to a full school year in the locality, and
03) My salary is not more than the salary of a comparable employee of the local educational agency.
(2) This loan will be cancelled at the rate of 15 percent of the total principal amount plus interest on the unpaid balance for each complete school year or the
equivalent of service in a I-lead Start program.
(3) I-Icad Start is a preschool program carried out under the Head Start Act. (Subchupter B, Chapter 8 of Title VI of Pub. L. 97.35, the Budget geroncilia~
tion Act of 1981; formerly authorized under section 222(a)(1) of the Economic Oppo~unity Act of 1964).
IX. MILITARY CANCELLATION
(1) I am entitled to hav~ up to 50 percent of the principal amount of this loan plus the interest thereon cancelled if X serve as a member of the Armed Forces
of the United States in an area of hostilities that qualifies for special pay under section 310 of Titie 37 of the United States Code.
(2) This loan will be cancelled at the rate of 12-1/2 percent of the total principal amount plus interest on the unpaid balance for each complete year of such
X. DEATH AND DISABII. a-I'Y CAN~TION
(1) In the event of my death, the total amount ovid on this loan will be cancelled.
(2) If I become totally and permanently disabled after I receiv~ this loan, the Lending Institution will cancel the total amount of this loan.
XX. CHANGE IN NAME, ADDRESS, TELEPHONE NUMBER AND SOCIAL SECURITY NUMBER
I am responsible, and any endorser is responsible, for informing the Lending Institution of any change or changes in name, address, telephone number or so-
cial security number.
XIL LATE CHARGE
(1) The Lending Institution may impose a late charge if.
(A) I do not make a scheduled payment when it is due, and
{B) I do not submit to the Lending Institution on or before the date on which payment is due, documentation that I qualify for a deferment or cancellation
described in Articles VI, VII, VIII, IX, and X of this agreement.
(2) No charge may exceed twenty (20) percent of my monthly, bimonthly or quarterly payment.
(2)(A) The Lending Institution may -
(i) Add the late charge to the principal the day after the scheduled repayment was due, or
(ii) Include it with the neat scheduled repaymefit after I have recciv~d notice of the late charge.
(B) If the Lending Institution elects to add the asscssed charge to the outstanding principal of the loan, it must so inform me before the due date of the
neat installment.
(1) 'l'his note may be assigned by the Lending Institution only to - XIIL ASSIGNMENT
(A) The United States;
(B) Another institution upon my transfer to that institution if that institution is participating in this lnogram; or · '
(C) Another institution approved by the 5esretary.
(2) The provisions of this note that relate to the Lending Institution shall, where appropriate, relate to an assignee.
XIV. PRIOR LOANS
I hereby certify that I have listed below all of the Perkins Loans (National Direct Student Loans and National Defense Student Loans) I have obtained at
other institutions. (If no prior loans have been received, state "None.")
SCHEDULE OF' PI~RKI~S LOANS (NATIONAL DIRECt STUDENT LOANS AND NATIONAL DEFENSE STUDENT LOANS) AT
OTHER INSTITUTIONS
AMOUNT DATE NAME OF I~ON
XV. SCHEDULE OF ADVANCES
The following amounts were advanced to me under this loan ag~ement on the dates indicated:
AMOUNT DATE
t $__~.~.~ 840. O0 7/88
:3.
SIGNATURE OF ~OP. RO~
r, , ty, ,,a,e, and rap)
Social Security Number (borrower must p~vide) / 7(J, '- 6"x/- ~--x-7/. ~ ~- "
· he borrower and Lending Institution shall execute this note without security and without endorsement unles~ the borrower is a minor and this note would
not, under the law of the State in which the Lendinl~ Institution is located, create a binding, oblination. If th,, hc~rrr~n~r i.~ n n~;,,~r ~,,,4 t~,;~ ,,~,, .... I,~ ,,,~+
'1.
2.
3.
4.
k,,/ -,.muc Jt w~tn tl~e next r~hedu/ed repayment after I h~ ~i~d notice of the lat~ cha~
(B) If the ~nding Institution elects to add the a~e~ed charge to the outstanding pfin~i of the i~n, it must ~ info~ me befo~ the due date of the
n~t instalment.
(1) ~is note m~ ~ ~i~ed ~ the ~II. A~IG~E~
(A) ~e U~t~ Stat~ ~nding ~titution on~ to -
~) ~ther i~ti~tion ~ my t~nsfer to that i--,:,,..: .....
(~ ~other i~timtion a~d ~ .... ' ....... on ~f that mstttut~on m n ..... .
(2) ~e ~ns of this n~ tha' ~ me ~ts~.. P m~tmng m thru p~m~ or · '
_ · ~mte to the ~ndmg l~t~tut~on shall, ~e~ a~.~ate . . . .
I he~ ~ni~ that I ~ l~ed ~ ......... ~. P~OR ~r v , ~mte to an ~e~
.... an et tee reruns
other imtitut~ (If no p~ I~ h~ been ~d, state 'None.'- ') .... -~m ~ns aaa ~at~onm ~te~ Student ~) I h~ ~in~ at
O~ ~~ONS
~O~
N~ OF ~ON
· XV. SCHEDULE OF ADVANCES
The following amounts were advanced to me under this loan agreement on the dates indicated:
AMOUNT '
DATE SIGNATU~ ~ OF..I~ORROWI~R
~. $?~840.00 7/88 ~
..... · /. / ~'/~ ~',// ~ ...... , --
...... ' ~~ ~ I~ ~' ,/x~ -- ,~ T- ~'
~am ~n~ Number ~r m~t p~)~. l. ~' ' ~ [_S~ ~ .
~e ~r and ~nding l~tituti~ shall ~te th~ note ~th~t · · .
~th~ !~ ~f.th~ S~te ~ ~ich the ~ndin l~ti~ti · ,..
'"'~, ~ ae~a~bsnmn~ the ~ndin~ Ins~tu+~-=~- ..... ~n m l~t~, ~ a bmd~n obli~tion. If the
SIGNA~ OF CO~O~ ....... --- ~unm a ~et to this note: g ~ ~ a minom and th~ note ~ld not,
Permanent Address (Street or 13~ Number, City, State, and Zip)
(20 u~.~_ ~Tdd)
Date
19
Format by the National Association of Student Financial Aid Administrators.
Exhibit
NDSL Statement of BorroWer's Rights and Responsibilities
A National Direct Student Loan is a serious legal obligation. Thereforg, it is extremely important that you understand your rights
and responsibilities. When you, the student borrower, sign this statement it means that you do understand your responsibilities, and
you agree to honor them.
1. I understand that I must, without exception, report any of the following changes to the Business Office, Dickinson College,
Carlisle, Pennsylvania 17013, phone (717) 245-1249.
(a) If I withdraw from school.
~ .. (b) . If I transfer to another school.
(c) If I drop below half. time status.
(d) If I change my name (for example, because 0f marriage).
(e) If my address, or~ my parents' address changes.
I understand that when I graduate, or withdraw from Dickinson College. I must arrange for an exit interview by calling (717)
245-1249.
][ understand that my first monthly payment will be due six months from the time I cease to be at least a half-time student.
I understand that my minimur~ monthly payment will be at least $30.00. It may be more if the amount borrowed is suffi.
cient to require larger monthly payments.
I understand that the ANNUAL PERCENTAGE RATE OF ~ % will be' th'~ FINANCE CHARGE based on the unpaid
balance and that it will begin to accrue six months after I cease'to be enrolled as at least a half-time student.
I understand that if I qualify as a iow-income individual during the repayment period, the lending institution may, at my
req. uest, extend the repayment period for up to an additional 10 years or adjust any repayment schedule to reflect my income
or both.
I understand the Lending Institution may permit me to pay less than the rate of $30.00 per month for a period of not more
than one year where necessary to avoid hardship to me unless that action would extend the repayment period of 10 years.
I understand interest will not accrue, and installments need not be paid:
(a) While I am enrolled and in attendance as at least a half-time student at an institution of higher education or at a com-
parable institution outside the United States approved for this purpose by the Secretary or
(b) for a period not in excess of 3 years during which time I am
(i) on full time active duty as a member of the Armed Forces of the United States (Army, Navy, Air Force, Marine
Corps, or Coast Guard) or an officer on full-time active dUty in the Commissioned Corps of the U.S. Public
Health Service '
(ii) in service as a Volunteer under the Peace Corps Act
(iii) a Vista volunteer under Title I Part A of the domestic Volunteer Service Act
(iv) a full-time volunteer in a tax-exempt organization performing service comparable to the service performed by
Peace Corps or ACTION agency volunteers
(v) temporarily totally disabled as established by an affidavit of a qualified physician or unable to secure employ.
ment because I am providing care required by my spouse who is so disabled.
(c) for a period not in excess of two years during which time I am serving in an internship which is required in order that
I may receive professional recognition required to begin my professional practice or service
(d) The Lending Institution may, upon my application, defer or reduce any scheduled repayments if, in its opinion, extra-
ordinary circumstances, such as prolonged illness or unemployment, p[event me from making such repayments. How-
ever, interest will continue to accrue.
I understand that I am entitled to have up to the entire amount of this loan plus the interest thereon cancelled if I undertake
service
(a) as a full-time teacher in a public or other non-profit elementary or secondary school which is in a school district of a
local educational agency which is eligible for funds under Title I of the Elementary and Secondary Education Act of
1965 and whicl~ has been designated by the Secretary in accordance with the provisions of Section 465 (a) (2) of the
Higher Education Act as a school with a high enrollment of students from low-income families, or
(b) as a full-time teacher of handicapped children (including mentally retarded, hard of hearing, deaf, speech-impaired,
visually handicapped, seriously emotionally disturbed, orthopedically impaired, children with specific learning disa-
bilities or other health impaired children who by reason thereof require special education and related services) in public
or other nonprofit elementary or secondary school system.
This loan will be cancelled at the following ra res: 15 percent of the total principal amount of the loan plus interest on the un-
paid balance will be cancelled for the first and second complete academic years of that teaching service; 20 percent of the
toi~al principal amount plus interest on the unpaid balance for the third and fourth complete academic years of that teaching
service; and 30 percent of the total principal amount plus interest on the unpaid balance for the fifth complete academic
year of that teaching. .
I understand that I am entitled to have the entire amount of this loan plus interest theron cancelled if I undertake service as
a full-time staff member of a Head Start program if:
(a) that Head Start program is operated for a period which is comparable to a full year in the locality, and
(b) my salary is not more than the salary of a comparable employee of the local educational agency. Cancellation will be
at the rate 15 percent of the total principal amount plus the interest on the unpaid balance for each complete school
year or the equivalent of service in a Head Start program. Head Start is a preschool program carried out under section
222(a)(1) of the Economic Opportunity Act of 1964.
I understand that if [ serve as a' member of the Armed Forces of the United States (in an area of hostilities that qualified for
special pay under Section 310 of Title 37 of the United States Code), up to 50 percent of the principal amount of this loan
plus interest thereon will be cancelled at the rate of 12~A percent of the total principal amount plus interest on the unpaid
balance for each complete year of service.
3.
4.
5.
6.
10.
11.
(over)
EXMIBIT "D"
12. I understand that if I should die or become permanently and totally disabled, the entire amount of this loan plus interest
thereon shall be cancelled.
13. I understand that if I fail to repay any loan as agreed, the total loan may become due and payable immediately and l~gal
action could be taken against me.
14. I understand that I will promptly answer any communication from Dickinson College or Wachovia Services, Inc. regarding my
loan.
15. I understand I may prepay at any time. I further understand that future interests will be reduced by making such Payments.
16. I unders.tand that if I cannot make payments on time, I must contact the Business Office, Dickinson College, to make ar-
rangements. '
17. I authorize Dickinson College to contact any school ~'hich I may attend, to obtain information concerning my student status,
my year of study, my dates of attendance, graduation, or withdrawal, my transfer to another school, or my current address.
I certify I am aware of the amount of money which I have borrowed and of my responsibilities for its repayment. I further certify
that I am aware of the procedures to be followed when making payments and/or requesting deferment from such payment when
· and if appropriate. I further certify ! have read and understand the rights'and responsibilities on this form and that I-will adhere to
them. I certify the information supplied by me on this form is true and correct to the best of my knowledge.
Date ~ture of Student
ig.ature of '.endi.g °"' "e ,rese.tativ
Form SBRR-11/81
VERIFICATION
I, THOMAS MEYER, Assistant Treasurer of Dickinson College, acknowledge that I have
the authority to execute this Verification on behalf of Dickinson College and certify that the
foregoing Complaint is based upon information which has been gathered by my counsel in the
preparation of this lawsuit. The language of this Complaint is that of counsel and not my own. I
have read the document and to the extent that this Complaint is based upon information which I
have given to my counsel, it is true and correct and to the best of my knowledge, information and
belief. To the extent that the content of this Complaint is that of counsel, I have relied upon counsel
in making this Verification.
This statement and Verification are made subject to the penalties of 18 Pa. C.S. § 4904
relating to unswom falsification to authorities, which provides that if I knowingly make false
averments, I may be subject to criminal penalties.
Dickinson College
Assistant Treasurer of Dickinson College
Dated:
F:\FILES\DATAFILE\Gcndoc.cur\7619c37-com I
DICKINSON COLLEGE,
Plaintiff
WILLIAM j. NEY,
Defendant
TO: WILLIAM j. NEY, Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 03-934
CIVIL ACTION-LAW
JURY TRIAL OF TWELVE DEMANDED
NOTICE OF ENTRY OF DEFAULT JUDGMENT
You are hereby notified that on Apr//23, 2003, the following Judgment was entered against
you in the above-captioned case: $4,840.00 plus interest in the amount of $3,282.90 and attorneys'
fees in the amount of $1,210.00 for a total of $9,332.90, plus costs of suit and interest of $.67
accruing per day thereafter.
Date:
Prothonotary ~
I hereby certify that the name and address of the proper person to receive this notice under
Pa. R. Civ. P. 236 is:
William j. Ney
811 East Marshall Street
Norr/stown, PA 19401
F:WILES\DATAFILE\Dickinson College 7619~Dickins°nCollegeCollections7619C\Documents\37.pral/cny
Created: 4/23/03 10:47:53 AM
Revised: 4/23/03 11:48:17 AM
7619C 37
DICKINSON COLLEGE,
Plaintiff
WILLIAM j. NEY,
Defendant
TO THE PROTHONOTARY:
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 03-934
CIVIL ACTION-LAW
JURY TRIAL OF TWELVE DEMANDED
PRAECIPE
Enter default judgment in the above-captioned action in favor of Plaintiff and against
Defendant in the amount of $4,840.00 plus interest in the amount of $3,282.90 and attorneys' fees
in the amount of $1,210.00 for a total of $9,332.90, plus costs of suit and interest of $.67 accruing
per day hereafter for Defendant's failure to file an answer to the Complaint.
I do hereby certify that a written notice of intention to file this Praecipe (in the form attached
hereto) was mailed to the Defendant at the address indicated thereon, on April 8, 2003, which date
was subsequent to the date default occurred and at least ten (10) days prior to the date of the
Praecipe.
Dated: April 23, 2003
MARTSON, DEARDORFF, WILLIAMS & OTTO
By
I_. D. Number 8735~ --'~ ....
Ten East High Street Ik
Carlisle, PA 17013
(717) 243-3341
Attorneys for Plaintiff
Revised: 4/8/03 I 1:7:50 AM
DICKINSON COLLEGE,
Plaintiff
go
WILLIAM J. NEY,
Defendant
TO: WILLIAM J. NEY
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. ~,5'-5'3~
CIVIL ACTION-LAW
JURY TRIAL OF TWELVE DEMANDED
NOTICE OF INTENTION TO FILE PRAECIPE
_FOR ENTRY OF DEFAULT JUDGMEN~T
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION REQUIRED OF
YOU IN THIS CASE. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF
THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING
AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD
TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR
CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT
WHERE YOU CAN GET LEGAL HELP:
Cumberland County Bar Association
32 South Bedford Street
Carlisle, PA 17013
(717) 249-3166
Dated: April 8, 2003
MARTSON DEARDORFF WILLIAMS & OTTO
Ten East H~ Street
Carlisle, PA 17013
(717) 243-3341
Attorneys for Plaintiff Dickinson College
_CERTIFICATE OF SERVICE
I, Christina N. Yost, an authorized agent of Martson Deardorff Williams & Otto, hereby
certify that a copy of the foregoing Praecipe was served this date by depositing same in the Post
Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows:
William J. Ney
811 East Marshall Street
Norfistown, PA 19401
MARTSON DEARDORFF WILLIAMS & OTTO
By ~~~->,
Christina N. Yost ~/ '
Ten East High Street
Carlisle, PA 17013
(717) 243-3341
Dated: April 23, 2003