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HomeMy WebLinkAbout03-0935F: ~FILES ~DATAFILE'Oickins on Collect.doc\46.com 1/sis Created: 01/03/03 08:30:20AM Revised: 02/28/03 02:32:38 PM DICKINSON COLLEGE, Plaintiff V. DONNA WENCH, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. O CIVIL ACTION-LAW JURY TRIAL OF TWELVE DEMANDED NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiffs. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP: Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 Date: ,:0/075~/~ 3 David R. Galloway, Es[:luire I.D. Number 87326 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff PROMISSORY NOTE National Direct Student Loan Program DICKINSON COLLEGE Carlisle, PA 17013 -, promise to pay to Dickinson College, hereinafter callbd the Lendin~ lnstit.rion I.cated at Carlisle, Pen.sylvania, the sum of such amounts as may from time to time be advanced to me and endorsed in the Schedule of Ad-° vances set &,rth below together with all attorney's tees and 9ther costs and c_harr:es necessary for the collection of any amount not paid when due. ~ SCHEDULE OF ADVANCES Year Term Amount Date Si~nature of Maker Term Amount Date Signature of Maker 3 11 5 13 7 - 15 Signa ture Date (Street or Box Number, City, State, and Zip Code) I further understand and agree that: , 19 GENERAL I. All sums advanced pursuant to this note are drawn from'a fund created under Part E of Title IV of the Higher Education Act of 1965, hereinafter called the Act, and are subject to the Act and the Federal Regulations promulgated pursuant to the Act. The terms of this note shall be construed in accordance with the Act and Federal Regulations, copies of which shall be kept b~ the Lending Institution. REPAYMENT 11. (1) Interest shall accrue from the beginning of the repayment period and shall be at the rate of 3 per centum per annum on the unpaid balance except that no interest shall accrue during any period described in paragraph Ill (3). (2) Except as provided in paragraph II (3) repayment of principal, together with interest thereon, shall be made over a period beginning 9 months after the date on which I cease to be at least a half-time student at an institu- tion of higher education or at a comparable institution outside the United States approved for this purpose by the United States Commissioner of Education, and ending, unless paragraph III (3) applies, 10 years and 9 months after that date. I may however request that the payment period start on an earlier date. I shall repay the principal and interest over the course of the repayment period in equal monthly, bimonthly or quarterly installments, as determined by the Lend- ing Institution, except that, if I request, such payments shall be made in graduated installments determined in accordance with such ~chedules as may be approved by the Lending Institution and the Commissioner. In either case, a schedule of repayment shall be attached to and made part of this note. (3) If the repayment schedule that would otherwise be established in accordance with paragraph II (2) would provide for payments of principal and interest at a rate of less than $30 per month, I shall repay the total amount of this loan plus the interest thereon at the rate of $30 per month, which shall include repayment of principal and in- terest. In the event I receive or have received National Direct or Defense Student Loans from other lending institu- tions, I shall repay this note at a monthly rate equal to not less than the amount by which $30 exceeds the total monthly rate of principal and interest repaid on the other loans. A schedule of repayment shall be attached to and made part of this note. 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 such an action would extend the repayment period in paragraph 2 of this article. III. Th~s note is also subject to the following condition~: PREPAYMENT (1) I may at my option and without penalty prepay all or any part of the principal, plus the accrued interest thereon, at any time, EXHIBIT "A" DEFAULT Exhibit B P~OMISSORM, NOTE National Direct Student Loan Program DICKINSON COLLEGE Car~s~e, PA 17013 I~ .... ~-'~~¥~C)l ~ )~='t W3 c,.h , promise to pay to Dickinson College, hereinafter called the Lending Instit,,rion located at Carlisle, Pennsylvania, the sum of such amounts as may from time to time be advanced to me and endorsed in the Schedule of Ad- van,.cs set forth below tog_ether with all att. orney's fees and 9ther costs and c.harffes necessary for the collection of any amount not paid when du6. ------~ear ----~ SCHEDULE OF ADVANCES ------------- Year Term Amount ?lfe~_~ Si,nature of M.ker Term Amount Date Signature of Maker 3 11 - l" 5 -- 13 6 ? - 15 8 6 ' - Signature. ~ ~._/~ ~_~.Jk..~_.. Date ox mCanber, City, State, an~ ~p Code) I further understand and agree that: GENERAL I. All sums advanced pursuant to this note are drawn from a fund created under Part E of Title IV of the Higher Education Act of 1965, hereinafter called the Act, and are subject to the Act and the Federal Regulations promulgated pursuant to the Act. The terms of this note shall be construed in accordance with the Act and Federal Regulations, copies of which shall be kept b~ the Lending Institution. REPAYMENT 11. (1) Interest shall accrue from the beginning of the repayment period and shall be at the rote of 3 per centum per annum on the unpaid balance except that no interest shall accrue during any period described in paragraph III (3}. (2) Except as provided in paragraph II (3) repayment of principal, together with interest thereon, shall be made over a period beginning 9 months after the date on which I cease to be at least a half-time student at an institu- tion of higher education or at a comparable institution outside the United States approved for this purpose by the United States Commissioner of Education, and ending, unless paragraph III (3) applies, 10 years and 9 months after that date. I may however request that the payment period start on an earlier date. I shall repay the principal and interest over the course of the repayment period in equal monthly, bimonthly or quarterly installments, as determined by the Lend- ing Institution, except that, if I request, such payments shall be made in graduated imstallme~ts determined in accordance with such schedules as may be approved by the Lending Institution and the Commissioner. In either case, a schedule of repayment shall be attached to and made part of this note. (3) If the repayment schedule that would otherwise be established in accordance with paragraph II (2) would provide for payments of principal and interest at a rate of less than $30 per month, I shall repay the total amount of this loan plus the interest thereon at the rate of $30 per month, which shall include repayment of principal and in- terest. In the event I receive or have received National Direct or Defense Student Loans from other lending institu- tions, I shall repay this note at a monthly rate equal to not less than the amount by which $30 exceeds the total monthly rate of principal and interest repaid on the other loams. A schedule of repayment shall be attached to and made part of this note. 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 such an action would extend the repayment period in paragraph 2 of this article. III. This note is also subject to the following conditions: PREPAYMENT (1) I may at my option and without penalty prepay all or any part of the principal, plus the accrued interest thereon, at any time. EXHIBIT "B" DEFAULT F:\FILES\DATAFILE\Dickinson Collect.doc\46.coml/sjs Created: 01/03/03 08:30:20 AM Revised: 02/28/03 02:32:38 PM DICKINSON COLLEGE, Plaintiff V. DONNA WENCH, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW JURY TRIAL OF TWELVE DEMANDED NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiffs. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP: Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 MARTSON DEARI~ORFF WILLIAMS 8,: OTTO By--"~ ~~G~~~ ~r~ David R. Esquire [ I.D. Number 87326 ~ Ten East High Street ~ Carlisle, PA 17013 (717) 243-3341 Attomeys for Plaintiff DICKINSON COLLEGE, Plaintiff Vo DONNA WENCH, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PE2qNSYLVANIA NO. 03 CIVIL 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 Donna Wench is an adult individual with a last known residence at 30 Noyes Avenue, Swoyersville, Luzerne County, Pennsylvania, 18704-2202. 3. On or about April 20, 1979, Defendant entered into a Promissory Note - Federal Perkins Loan Program (Note #1) with Plaintiff. A copy of Note #1 is attached hereto as Exhibit "A." 4. Note # 1 provided for the financing of $1,100.00, plus interest and costs by Defendant on his own behalf, for educational services and benefits at Plaintiff's institution. 5. On or about April 7, 1980, 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 6. Note #2 provided for the financing of $1,100.00, plus interest and costs by Defendant on his own behalf, for educational services and benefits at Plaintiff's institution. 7. On or about December 5, 1980, 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 8. Note #3 provided for the financing of $200.00 plus imerest and costs by Defendant on his own behalf for educational services and benefits at Plaintiff's institution. 9. On or about July 7, 1982, Defendant entered into an additional Promissory Note - Federal Perkins Loan Program (Note/64) with Plaintiff A copy of Note #4 is attached hereto as Exhibit "D." 10. Note #4 provided for the financing of $1,000.00 plus interest and costs by Defendant on his own behalf for educational services and benefits at Plaintiff's institution. 11. On February 22, 1988, 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 "E." 12. Note #1, Note #2, Note #3, and Note g4 are funds created under Part E of Title IV of the Higher Education Act of 1965 as amended, (hereinafter the "Act") and are subject to the Act and the Federal Regulations issued under the Act. 13. As provided in the Act, Plaintiff acts in a fiduciary capacity in the handling, disbursing and collecting of funds associated with the programs under the Act. 14. The total collective outstanding principal balance for Note # 1, Note #2, Note #3, and Note ~ is $2,744.21. 15. Note #1, Note #2, Note #3, and Note g4 grant Plaintiff reasonable attorney's fees which Plaintiff has calculated to be $599.25. 16. As of January 31, 2003, the principal and interest due and payable by Defendant to Plaintiff was $3,995.01, plus interest of $0.28 per day, attorney's fees in the amount of $599.25 and costs accruing subsequent to January 31, 2003. 17. The outstanding balance of $3,995.01 represents the total and actual overdue value of the financing provided to Defendant under Note #1, Note #2, Note #3, and Note #4 for which Defendant has yet to pay. COUNT I BREACH OF CONTRACT 18. Plaintiff hereby incorporates by reference the averments contained in Paragraphs 1 through 17 of this Complaint. 19. Plaintiff has fulfilled, performed and complied with all obligations and conditions of Note #1,Note #2, Note #3, and Note 20. Defendant breached the expressed and implied obligations, conditions and terms of agreement of Note #1, Note #2, Note #3, and Note #4 by failing to pay the amounts financed therein. WHEREFORE, Plaintiffdemands judgment against Defendant in the amount of $3,995.01, plus interest at $0.28 per day, attorney's fees in the amount of $599.25 and costs accruing subsequent to January 31, 2003; said amount is within the limits set forth for compulsory arbitration in Cumberland County, Pennsylvania. COUNT H QUANTUM MERUIT 21. Plaintiff hereby incorporates by reference the averments contained in Paragraphs 1 through 20 of this Complaint. 22. The Defendant is liable to Plaintiff and/or has been unjustly enriched in the amount of $3,995.01, plus interest at $0.28 per day, attorney's fees in the amount of $599.25 and costs accruing subsequent to January 31, 2003. WHEREFORE, Plaintiff demands judgment against Defendant in the amount of $3,995.01 plus interest at $0.28 per day, attomey's fees in the amount of $599.25 and costs accruing subsequent to January 31, 2003, and said amount is within the limits set forth for compulsory arbitration in Cumberland County, Pennsylvania. MARTSON DEARDORFF WILLIAMS & OTTO David R. Galloway I.D. Number 87326 Ten East High Street Carlisle, PA 17013-3093 (717) 243-3341 Attomeys for Plaintiff In making this communication, we are advising you this firm is a debt collector attempting to collect a debt for Dickinson College. Any information gained tkom this communication will be used for that purpose. Exhibit A Signature (Street or Box Number, City, State, and Zip Code) I further understand and agree that: GENERAL I. All sums advanced pursuant to this note are drawn from a fund created under Part E of Title IV of the Higher Education Act of 1965, hereinafter called the Act, and are subject to the Act and the Federal Regulations promulgated pursuant to the Act. The terms of this note shall be construed in accordance with the Act and Federal Regulations, copies of which shall be kept b~ the Lending Institution. REPAYMENT Il. (1) Interest shall accrue from the beginning of the repayment period and shMl be at the rate of 3 per centum per annum on the unpaid balance except that no interest shall accrue duriog any period described in paragraph Ill made over(~)pe~P~ ~ ~i~e~ ~ ~a~p~ ~id~ repayment of principal, together with interest t~ereon, shall be tion of e n o h h on which I cease to be at least a half-time student at an institu- higher education or at a comparable institution outside the United States approved for this purpose by the United States Commissioner of Education, and ending, unless paragraph III (3) applies, 10 years and 9 months after that date. I may however request that the payment period start on an earlier date. I shall repay the over the course of the repayment period in equal monthly, bimonthly or quarterly installments, as principal and interest lng Institution, except that, if I request, such Payments shall be made in graduated installments determined in accordance determined by the Lend- with such schedules as may be approved by the Lending Institution and the Commissioner. In either case, a schedule of repayment shall be attached to and made part of this note. (3) If the repayment schedule that would otherwise be established in accordance with paragraph II (2) would provide for payments of principal and interest at a rate of less than $30 per month, I shall repay the total amount of this loan plus the interest thereon at the rate of $30 per month, which shall include repayment of principal and in- terest. In the event I receive or have received National Direct or Defense Student Loans from other lending institu- ttons, I shall repay this note at a monthly rate equal to not less than the amount by which $30 exceeds the total monthly rate of pr/nc/pal and interest repaid on the other loans. A schedule of repayment shall be attached to and made part of this note. 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 such an action would extend the repayment period in paragraph 2 of this article. III. This note is also subject to the following conditions: PREPAYMENT (1) I may at my option and without penalty prepay all or any part of the principal, plus the accrued interest thereon, at any time, ' DEFAULT (2~ If I fail to meet a scheduled repayment of any of the installments due on this note, the entire Unpaid mediately due and payable. indebtedness including interest due and accrued thereon, shall, at the option of the Lending Institution, become DEFERMENT (3) Interest shall 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 comparable institution outside the United States approved for this purpose by the Co~issioner, or (B) for a period not in excess of 3 years during which 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), (ii) in service as a volunteer under the Peace Corps Act, or (iii) a VISTA volunteer under Title I--Part A of the Domestic Service Act of 1973, P.L. 93-113 (formerly Title VIII of the Economic Oppor- tunity Act of 1964). , The Lending Institution may, u on m view of the Lendin~ Inet~ .... P Y application, defer or reduce any scheduled repayments, if, in the ~ ~uc~on, extraordinary circumstances such as prolonged illness or unemploymen~ , prevent me from making such payments. However, interest shall continue to accrue. CANCELLATION FOR TEACHING (4) I am entitled to have the entire amount of '~his loan plus the interest thereon cancelled if I under- -~ake service (A) as a full-time teacher in a public or other nonprofit elementary or secondary school which is in a school 'district of a local educational agency which is eligible for assistance pursuant to Title I of the Elementary and Secondary Education Act of 1965 and which for the purposes of this clause has been designated by the Commissioner 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 fam~lies, or (B) as a full-time teacher of handicapped children (including mentally re- tarded, hard of hear/ng, deaf, speech hnpaired, visually handicapped, seriously emotionally disturbed, or other health- /repaired children who by reason thereof require spec/al education) in a public or other nonprofit elementary or second- ary school system. This loan shall be cancelled for teaching service in accordance with the following rates: 15 per centum of the total principal amount of the loan plus interest thereon shall be cancelled for the first and second complete ace- demic years of teaching service; 20 per centum of the total principal amount plus interest thereon for the third and fourth complete academic years of such service; and 30 per centum of the total principal amount plus interest thereon for the fifth complete academic year of such service. HEAD START CANCELLATION (5) I am entitled to have the entire amount of this loan plus the ~nterest thereon cancelled if I undertake service as a full-time staff member in a preschool program carried on under Section 222(a) (1) of the Economic Oppor- tunity Act of 1964 (Head Start) at 'the rate of 15 per centum of the total principal amount of the loan plus interest thereon for each complete school year or its equivalent of such service, if that Head Start program is operated for a period which is comparable to a full school year in the locality, and if the salary of such staff member is not more than the salary of a comparable employee of the local educational agency. MILITARY CANCELLATION (6) If I serve as a member of the Armed Forces of the United States, up to 50 per centum of the principal amount of this loan plus the interest thereon shall be cancelled at the rate of 12~ per centum of the total principal amount of the loan plus interest thereon for each complete year of service in an area of ho,stilities that qualifies for special pay under Section. 310 of Title 37 of the United States Code. DEATH AND DISABILITY CANCELLATION (7) If I should die or become permanently and totally disabled, the entire amount of this loan plus the interest thereon shall be cancelled. ADDRESS CHANGE (8) I am responsible for informing the Lending Institution of any change or changes in m~ address PENALTY CHARGE (9) If I fail to make t/mely payment of all or an~ part of a scheduled installment, or if I am eligible for deferment or cancellation of payment (pursuant to paragraphs III (~), (4), (S), or (6), but fail to submit t/mely and satisfactory evidence thereof, I promise to pay the charge assessed against me by the Lending Inst~tution. No charge may exceed (1) where the loan is repayable in monthly /nstallments, $1 for the first month or part of a month by which such installment or evidence is late, and $2 for each month or part of a month thereafter; or (2) in the case of a loan which is repayable in b/monthly or quarterly installments, $3 and $6 respectively, for each installment interval or part thereof by which such installment or evidence is late. If the Lending Institution elects to add the assessed charge tq the outstanding principal of the loan, it shall so inform me prior to the due date of the next installment. 'ASSIGNMENT IV. This note may be assigned by the Lending Instltutio~ only (A) to another institution upon my transfer to that institution if that institution is Participating in this pro,Tam (or, if not so participating, is eligible to do so and is approved by the Commissioner for such purpose)or (B) to the United States if this note has been in de- fault for two years. The provisions of this note that relate to the Lending Institution shall, where appropriate relate to an assignee. PRIOR LOANS V. I hereby certify that I have listed below all of the National' Direct Student Loans (or National Defense Student Loans) I have obtained at other institutions. If no prior loans have been received state "None." Amount SCHEDULE OF NATIONAL DIRECT ~TUDENT LOANS AND NATIONAL DEFENSE STUDENT LOANS AT OTHER ~NSTITUTIONS Date Institution Signature of Maker ............ ~ ~'~ zncerest thereon Shall b~ cancelled ~=u L~, up to 3u per cen[um or ~ne ~amount of the loan plus interest thereon for each Complete year of se~ice in an area of hostilities that qualifies at the rate of 12~ per cent~ of the total pri~ipa for special pay under Section 310 of Title 37 of the United States Code. DEATH ~ DiS~ILi~ C~CEL~TION (7) If I should die or become pe~nently and to~lly disabl~d, the entire ~ount of this loan plus the ~nterest thereon sh~l be canceled. ~D~ss (8) I ~ responsible for info~ing the Lending Institution of any c~nge or changes in my address (9) If I fail to ~ke t~elv ~N~ ~E deferment or ~ncellatlon of pa~ent fl..~e~t of all or any part -~ a sehed~ed tns~llment, or ~f I am satisfactory evidence thereof, I promise to pay the charge assessed a~tnst me by the Lending Institution. No charge .~u~s~nt to para~aphs III (M~7 (4), (5), or ( % ........ eligible for .6., uuu zaxm =o su~it t~ely and ~Y e~eed (1) where the loan is repayable in monthly lns~llments, $1 for the f~rst month or part of a month by which such instalment or evidence is late, ~d $2 for each month or part of a ~nth ther~fter; or (2) ~n the case of a loa~ which Is repayable in b~onthly or quarterly ~Stallments, $3 and $6 respectively, for each ~nst~lment in~e~al or ~rt thereof by which s~h installment or evlde~e is late. If the Lending Institution elects to add the assessed c~r~e t9 the outstanding Prtnctp~ of the loan, it sh~ so lnfo~ me Prior to the due ~te of the n~t instal~e~t. ~. This note ~y be assigned by the Lending Institutio~ o~y (A) to a~ther institution upon my transfer t~t institution if that institut~n Is part~c~pating in this pro.am (or, if not so participatinE, is eligible to ~ so ~d is approved by the Co~tsstoner for such PU~ose)or (B) to the United States if this ~te has been ~n de- fault for two Y~rs. The provisions of this ~te that relate to the Lend~ Institution shall, where appropriate r~ate ~o ~ assignee. PRIOR ~S V. I hereby certify that I have listed bel~ all of the Natio~ Direct Student Loans (or National Defense Student Loans) I have ob~lned at other institutions. If no prior loans ~ve bee~ received state "No~e." S~D~E OF NATION~ D~E~ ~T~ LO~S ~D NATI~ DEFUSE ST~E~ ~S AT Date lIONS ~.tut~n Maker ~AVEAT - This note shall be executed without security and without endorsement, except that if I am a m/nor and this note Would not, under the law of the State in which the Lending Institution is located, create a binding obllsation, wither security or endorsement may be required. The Lending Institution shall supply a copy of this note to me Signature of endorser Permanent addre88 Date (St~ _, 19 Exhibit B PBOMISSOI{M, NOTE National Direct Student Loan Program DICKINSON COLLEGE Carlisle, PA 17013 l; .... ~'-~)~ ~'~(~l ~ JCl'_. Y'~ f"~¥'~ , promise to pay to Dickinson College, hereinafter called the Lending Instit,,tion I.cated at Carlisle, Pennsylvania, the sum of such amounts as may from time to time be advanced to me and endorsed in the Schedule of Ad- vat;~cs set forth below toge_ther with all att. orney's fees and other costs and c.ha~ges necessary for the collection of any amount not paid when du~. SCHEDULE OF ADVANCES Year Year Term Amount2_/i ate Sisnature of Maker Term Amount Date Signature of Maker 5 13 6 ? 8 16 (Street or Box Number, City, State, 'and Zip Code) I further understand and agree that: , 19 GENERAL I. All sums advanced pursuant to this note are draw~ from a fund created under Part E of Title IV of the Higher Education Act of 1965, hereinafter called the Act, and are subject to the Act and the Federal Regulations promulgated pursuant to the Act. The terms of this note shall be construed in accordance with the Act and Federal Regulations, copies of which shall be kept b~ the Lending Institution. REPAYMENT 11. (1) Interest shall accrue from the beginning of the repayment period and shah be at the rate o f 3 per centum per annum on the unpaid balance except that no interest shall accrue during any period described in paragraph III (3}. (2) Except as provided in paragraph II (3) repayment of principal, together with interest thereon, shall be made over a period beginning 9 months after the date on which I cease to be at least a half-time student at an institu- tion of higher education or at a comparable institution outside the United States approved for this purpose by the United States Commissioner of Education, and ending, unless paragraph III (3) applies, 10 years and 9 months after that date. I may however request that the payment period start on an earlier date. I shall repay the principal and interest over the course of the repayment period in equal monthly, bimonthly or q~arterly installments, as determined by the Lend- ing Institution, except that, if I request, such payments shall be made in graduated installments determined in accordance with such schedules as may be approved by the Lending Institution and the Commissioner. In either case, a schedule of repayment shall be attached to and made part of this note. (3) If the repayment schedule that would otherwise be established in accordance with paragraph II (2) would provide for payments of principal and interest at a rate of less than $30 per month, I shall repay the total amount of this loan plus the interest thereon at the rate of $30 per month, which shall include repayment of principal and in- terest. In the event I receive or have received National Direct or Defense Student Loans from other lending institu- tions, I shall repay this note at a monthly rate equal to not less than the amount by which $30 exceeds the total monthly .rate of principal and interest repaid on the other loans. A schedule of repayment shall be attached to and made part of this note. 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 such an action would extend the repayment period in paragraph 2 of this article. III. This note is also subject to the following conditions: PREPAYMENT (1) I may at my option and without penalty prepay all or any part of the principal, plus the accrued interest thereon, at any time. EXHIBIT "B" DEFAULT (Street or Box Number, City, State, and Zip Code) I further understand and agree that: 13 GENERAL I. All sums advanced pursuant to this note are drawn from a fund created under Part E of Title IV of the Higher Education Act of 1965, hereinafter called the Act, and are subject to the Act and the Federal Regulations promulgated pursuant to the Act. The terms of this note shall he construed in accordance with the Act and Federal Regulations, copies of which shall be kept b~ the Lending Institution. REPAYMENT II. (1) Interest shall accrue from the beginning of the repayment period and shall be at the rate of 3 per centum per annum on the unpaid balance except that no interest shall accrue during any period described in paragraph III (3). (2) Except as provided in paragraph II (3) repayment of principal, together with interest thereon, shall be made over a period beginning 9 months after the date on which I cease to be at least a half-time student at an institu- tion of higher education or at a comparable institution outside the United States approved for this purpose by the United States Commissioner of Education, and ending, unless paragraph III (3) applies, 10 years and 9 months after that date. I may however request that the payment period start on an earlier date. I shall repay the principal and interest over the course of the repayment period in equal monthly, bimonthly or quarterly installments, as detdrmined by the Lend- ing Institution, except that, if I request, such payments shall be made in graduated installments determined in accordance with such schedules as may be approved by the Lending Institution and the Commissioner. In either case, a schedule of repayment shall be attached to and made part of this note. (3) If the repayment schedule that would otherwise be established in accordance with paragraph II (2) would provide for payments of principal and interest at a rate of lees than $30 per month, I shall repay the total amount of this loan plus the interest thereon at the rate of $30 per month, which shall include repayment of principal and in- terest. In the event I receive or have received National Direct or Defense Student Loans from other lending institu- tions, I shall repay this note at a monthly rate equal to not less than the amount by which $30 exceeds the total monthly rate of principal and interest repaid on the other loans. A schedule of repayment shall be attached to and made part of this note. 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 such an action would extend the repayment period in paragraph 2 of this article. III. This note is also subject to the following conditions: PREPAYMENT (1) I may at my option and without penalty prepay all or any part of the principal, plus the. accrued interest thereon, at any time. DEFAULT (2) If I fail to meet a scheduled repayment of any of the installments due on this note, the entire unpaid indebtedness including interest due and accrued thereon, shall, at the option of the Lending Institution, become im- mediately due and payable. DEFERMENT (3) Interest shall 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 comparable institution outside the United States approved for this purpose by the Co=missioner, or (B) for a period not in excess of 3 years during which 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), (ii) in service as a volunteer under the Peace Corps Act, or (iii) a VISTA volunteer under Title I--Part A of the Domestic Service Act of 1973, P.L. 93-113, (formerly Title VIII of the Economic Oppor- tunity Act of 1964). The Lending Institution may, upon my application, defer or reduce any scheduled repayments, if, in the vi.ew of the Lending Institution, extraordinary circumstances such as prolonged illness or unemployment prevent me from making such payments. However, interest shall continue to accrue. ' CANCELLATION FOR TEACHING (4) I am entitled to have the entire amount of this loan plus the interest thereon cancelled if I under- take service (A) as a full-time teacher in a public or other nonprofit elementary or secondary school which is in a school district of a local educational agency which is eligible for assistance pursuant to Title I of the Elementary and Secondary Education Act of 1965 and which for the purposes of this clause has been designated by the Commissioner in accordance with the provisions of Section 465(a) (2) of the Higher Educatiom 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 re- tarded, hard of hearing, deaf, speech impaired, visually handicapped, seriously emotionally disturbed, or other health- impaired children who by reason thereof require special education) in a public or other nonprofit elementary or second- ary school system. This loan shall he cancelled for ranching service in accordance with the following rates: 15 per centem of the total principal amount of the loan plus interest thereon shall be cancelled for the first and second complete aca- demic years of teaching service; 20 per centum of the total principal amount plus interest thereon for the third and : fourth complete academic years of such service; and 30 per centum of the total principal amount plus interest thereon for the fifth complete academic year of such service. HFAD START CANCELLATION (5) I am entitled to have the entire amount of this loan plus the interest thereon cancelled if I undertake service as a full-time staff member in a preschool program carried on under Section 222(a) (1) of the Economic Oppor- tunity Act of 1964 (Head Start) at the rate of 15 per centum of the total principal amount of the loan plus interest thereon for each complete school year or its equivalent of such service, if that Head Start program is operated for a period vhich is comparable to a full school year in the locality, and if the salary of such staff member is not more than the salary of a comparable employee of the local educational agency. MILITARY CANCELLATION (6) If I serve as a member of the Armed Forces of the United States, up to 50 per centum of the principal amount of this loan plus the interest thereon shall be cancelled at the rate of 124 per centum of the total principal amount of the loan plus interest thereon for each complete year of service in an area of hostilities that qualifies for special pay under Section 310 of Title 37 of the United States Code. DEATH AND DISABILITY CANCELLATION (7) If I should die or become permanently and totally disabled, the entire amount of this loan plus the interest thereon shall be cancelled. ADDRESS CHANGE (8) I am responsible for informing the Lending Institution of any change or changes in my address PENALTY CHAM/~E (9) If I fail to make timely payment of all or any part of a scheduled installment, or if I em eligible for deferment or cancellation of payment (pursuant to paragraphs III (3), (4), (5), or (6), but fail to submit timely and satisfactory evidence thereof, I promise to pay the charge assessed aEainst me by the Lending Institution. No charge may exceed (1) where the loan is repayable in monthly installments, $1 for the first month or part of a month by which such ln:':tallment or evidence is late, and $2 for each month or part of a month thereafter; or (2) in the cass of a loan which is repayable in bimonthly or quarterly installments, $3 and $6 respectively, for each installment interval or part thereof by which such installment or evidence is late. If the Lending Institution. elects to add the assessed charge tq the outstanding principal of the loan, it shall so inform me prior to the due date of the next installment. IV. This note may be assigned by the Lending Institutio~ only (A) to another institution upon my transfer to that institution if that institution is participating in this pro,ram (or, if not so participating, is eligible to do so and' is- approved by the C~!ssioner for such purpose)or (B) to the United States if this note has been in de- fault for two years. The provisions of this note that re/ate to the Lending Institution shall, where appropriate relate to an assignee. PRIOR LOANS V. I hereby certify that I have listed below all of the National Direct Student Loans (or National Defense Student Loans) I have obtained at other institutions. If no prior loans have been received state "None." SCHEDULE OF NATIONAL DIRECT .~TUDENT LOANS AND NATI~AL DEFENSE STUDENT lOANS AT OT~.R INSTITUTIONS Amount Date Institution Signature of Maker Exhibit C PROMISSORY NOTE National Direct Student Loan Program DICKINSON COLLEGE Carlisle, PA 17013 Donna M. Wench ~, promise to pay to Dickinson College, hereinafter ca|l~d the Lending lnsrit-tion located at Carlisle, Pennsylvania, thc sum of such amounts as may from time to time be advanced to me and endorsed in the Schedule of Ad- vances set forth below together with all att_orney's fees and other costs and c.harges necessary for the collection of any amount not paid when due. E.'.'] SCHEDULE OF ADVANCES ?e'er Year Term Amount Date Sisnature of Maker Term Amount Date Si~mature of Maker 3 11 5 13 6 14 7 ].5 8 !16 (Street or Box Number, City, ·State, and Zip Code) I further understand and agree that: GI~ERAL I. All sums advanced pursuant to this note are drawls from a fund created under Part E of Title IV of the Higher Education Act of 1965, hereinafter called the Act, and are subject to the Act and the Federal Regulations promulgated pursuant to the Act. The terms of this note shall be construed in accordance with the Act and Federal Regulations, copies of which shall be kept b~ the Lending Institution. REPAYMI~IT 11. (1) Interest shall accrue ~om the beginning of the repayment period and shall be at the rate of 3 per centum per annum on the unpaid balance except that no interest shall accrue during any period described in paragraph 111 (3). (2) Except as provided in paragraph II (3) repaymen~ of principal, together with interest thereon, shall be made over a period beginning 9 months after the date on which I cease to be at least a half-time student at an institu- tion of higher education or at a comparable institution outside the United States approved for this purpose by the United States Commissioner of Education, and ending, unless paragraph III (3) applies, 10 years and 9 months after that date. I may however request that the payment period start on an earlier date. I shall repay the principal and interest over the course of the repayment period in equal monthly, bimonthly or quarterly installments, as determined by the Lend- ing Institution, except that, if I request, such payments shall be made in graduated installments determined in accordance with such schedules as may be approved by the Lending Institution and the Co~issioner. In either case, a schedule of repayment shall be attached to and made part of this note. (3) If the repayment schedule that would otherwise be established in accordance with paragraph II (2) would provide for payments of principal and interest at a rate of less than $30 per month, I shall repay the total amount of this loan plus the interest thereon at the rate of $30 per month, which shall include repayment of principal and in- terest. In the event I receive or have received National Direct or Defense Student Loans from other lending institu- tions, I shall repay this note at a monthly rate equal to not less than the amount by which $30 exceeds the total monthly rate of principal and interest repaid on the other loans. A schedule of repayment shall be attached to and made part of this note. 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 such an action would extend the repayment period in paragraph 2 of this article. III. This note is also subject to the following conditions: PREPAYMENT (1) I may at my option and without penalty prepay aL1 or any part of the principal, plus the accrued interest thereon, at any time. R~q~IBIT "C" DEFAULT 7 · ,1 ,S 8 t 16 (Street or Box N~nber, City, State, and Zip Code) further understand and agree that: GENERAL I. Ail sums advanced pursuant to this note are drawn from a fund created under Part E of Title IV of the Higher Education Act of 1965, hersinafter called the Act, and are subject to the ACt and the Federal Regulations promulgated pursuant to the Act. The terms of this note shall be construed in accordance with the Act and Federal Regulations, copies of which shall be kept b~ the Lending Institution. REPAYMENT Il. (1) Interest shall accrue from the beginning of the repayment period and shall be at the rate of 3 per centum per annum on the unpaid balance except that no interest shall accrue during any period described in paragraph 11I (3). (2) Ex~ept as provided in paragraph II (3) repayment of principal, together with interest thereon, shall be made over a period beginning 9 months after the date on which I cease to be at least a half-time student at an institu- tion of higher education or at a comparable institution outside the United States a~proved for this purpose by the United States Commissioner of Education, and ending, unless paragraph III (3) applies, 10 years and 9 months after that date. I may however request that the payment period start on an earlier date. I shall repay the principal and interest over the course of the repayment period in equal monthly, bimonthly or quarterly installments, as determined by the Lend- ing Institution, except that, if I request, such payments shall be made in graduated installments determined in accordance with such schedules as may be approved by the Lending Institution and the Co~issioner. In either case, a schedule of repayment shall be attached to and made part of this note. (3) I f the repayment schedule that would otherwise be established in accordance with paragraph I1 (2) would provide for payments of principal and interest at a rate of less than $30 per month, I shall repay the total amount of this loan plus the interest thereon at the rats of $30 per month, which shall include repayment of principal and in- terest. In the event I receive or have received National Direct or Defense Student Loans from other lending institu- tions, I shall repay this note at a monthly rate equal to not less than the amount by which $30 exceeds the total monthly rate of principal and interest repaid on the other loans. A schedule of repayment shall be attached to and made part of this note. 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 ~e unless such an action would extend the repayment period in paragraph 2 of this article. III. This note is also subject to the following conditions: PREPAYMENT (1) I may at my option and without penalty prepay all or any part of the principal, plus the accrued interest thereon, at any time. DEFAULT (2) If I fail to meet a scheduled repayment of any of the installments due on this note, the entire unpaid indebtedness including interest due and accrued thereon, shall, at the option of the Lending Institution, become im- mediately due and payable. DEFERMENT (3) Interest shall 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 comparable institution outside the United States approved for this purpose by the Comissioner, or (B) for a period not in excess of 3 years during which 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), (ii) in service as a volunteer under the Peace Corps Act, or (i/i) a VISTA volunteer under Title I--Part A of the Domestic Service Act of 1973, P.L. 93-113, (formerly Title VIII of the Economic Oppor- tunity Act of 1964). The Lending Institution may, upon my application, defer or reduce any scheduled repayments, if, in the view of the Lending Institution, extraordinary circumstances such as prolonged illness or unemployment , prevent me from making such payments. However, interest shall continue to accrue. Exhibit ,mkr so PROMISSORY NOTE NATIONAL DIRECT STUDENT LO~ PROGRAM Donna Wench p~m~ ~ pny to D~icinn,,~n. College (,here~nafte, r.ca~,,ed~th.e ye?di~g, l,nstitution) located at Carlisle, .Pennsylvania, the sum of the amounts that are auvanc to me ann enDorseD in tne ~cneoule or Aavances set forth oelow. I promise to pay all attorney's fees and other reasona- ble collection costs and charges necessary for the collection of any amount not paid when due. However, if the Lending Institu- tide uses a collection agency, winch is subject to the Fair Debt Collection Practices Act, I will pay those collection costs which do not exceed 25% of the unpaid principal and interest. SCHEDULE OF ADVANCES YEAR YEAR TERM AMOUNT DATE SIGNATURE OF MAKER TERM AMOUNT DATE SIGNATURE OF MAKER S '83 $500 ~/~:]X'~~.~ ~ ~0 11 12 ~3 O.te '~'~.',3.--~, 'A' ,. ~9 (Street or Box Number, C~y, State, and Zip Code) I further understand and agree that: I. GENERAL 1~)~_ .All s. um..s adv .a~. c.ed..und, er this.note ar.e. dra .we ~.rom a fund c~eated under Part .E. of Title IV of the Higher Education Act of v~ao, neremaxzer emma ,ne Act, ann are sup]act to ,ne Act and the Federal Regulations issued under the Act. The terms of this ~:uet~onU~.t be interpreted in accordance with the Act and Federal Regulations, copies of which are to be kept by theLending In- (2) I uhderstand that if I am eligible for deferment or cancellation under Articles VI through IX, I am responsible for sub- mitting the appropriate requests on time. II. INTEREST Interest shah accrue from the beginning of the repayment period arid shall be at the ANNUAL PERCENTAGE RATE OF interest on the unpaid balance except that no interest shall accrue during any defexqnent period dsseribed in subparagraphs VI (1) (A), (B), (C) and (D). III. REPAYMENT (1) Except as provided in paxagraph III (5), I promise to repay the principal and the interest which aecrnes on it over a nod begmnin, g' 6 months after the date I cease to be at least a half-tirae student at an institution of h~e-.~. ~ =~uu~on,~ ..... ~- or a~ aPeeom-' parable restitution outside the United States approved for this purpose by the Un/ted States Secretary of Educat/ou hereinafter called the Secretary), and. ending, unless paragraphs III (4) or VI (1) (deferment) applies, 10 years later. ( (2) I may, however, request that the repayment period start on an earlier date. (3) I promise to repay the principal and interest over the course of the repayment period in equal monthhr~ bimonthl or _q~_t~., terly, in. st~allm.ents., .as deter.mined by the Lending Institution. However, if I request, repayments may be made in s~..aur~, en.r~ ne~ermmea m accordance with schedules approved by the Secretary In either ease a s~h-a--~ ~ -~-'" ~---f"~'%"- ar~acne~ to and made part of this note. ° , ~-~- ~- ~=vaymen~ mail oe .4.). Notwit.hstanding p .aragr,aph.II.I. (1), if I qu ,ailfy .as ,a~low.ine. or~e in.di,.x.~..dual.d. ~u~ring the repa?.ment period, the Lendin Insti- ~eO~t mm~:~,~l~lL o~%UoetS~: exgeno ,ne repayment per,po ,or up ro an aoo,,,on, lo yea~s or adiust any repayment sche~e to (5) (A) I shall repay the principai and interest on this loan at the ~.ate of $30 per mouth (which includes both principai and interest) even though the monthly rate that would he estabUshed unoer paragrap~ Ill (1) is .less than that amount, if the total mouthly repayment rate of principM and interest on ali my National Direct and Nstinuai De,ense Loans, including this in,n, is less than $~0 per mouth. (5) (E) If I have received National Defeuse or Natinnai Dbeet l,om~s f~om other institutions and the totai monthly repaymeut rate on those loans is less than $30~ the $30 monthly rate established under subp~graph Ill (5) (A) is the rate I pay on ail my out- standing National Defense and Nst~onai Direct Loans and is not in addition to the amount I pay on those ether loans. ) (C) If my monthly repayment rate is established under subparagraph Ill (5.) (A) and I have received Nstinnai Direct om other lending institutions, the amount of my monthly repayment rate attrieutable to this loan is the amount which repre- sents the difference between $~0 and the monthly rates I must pay o~1 my other Nationai Defense and Nationai Direct T*oans. (6) A schedule of repayment will he attached to and made part of this uote. (7) The Lending Irmtitntion may permit me to pay less than the rate of $~0 per month for a period of not more than one yeaJc where necessary to avoid hardhsip to me uniess that action would e~tend the repayment period in Paragraph IH IV. PREPAYMENT time(l). I may at my option and without penalty prepay all 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) If [ 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. EXHIBIT "D" Signature ~ (Street or Box Number, C~y, State, and Zip Code~ I further underst~d ~d agree that: I. GENERAL il) drswn from a f~d ~eated ~de~ P~ ~ of ~itle 965, hereinafterAH sums adv~Cedc~ed theunderAct,th~'n°teana ~e suolec ~' ~- the Act and the Feder~ Reg~atmns ~uea unaer ~ne A~. The ter~ o ~n~ note must be interpreted in acco~ce with the Act and Federal Reg~ations, copies of which ~e to be kept by the Lend~ In- ~itution. (2~ I uhde~d that if I ~m e~ible for defermen} or cancellation ~der Articles VI throu~ IX, I ~ respon~ble fox sub- mltt~g the app~p~ate requests on ume. Interest ~aH accrue from the beg~g o~ the repayment pe~od ~d sh~ be at the ~N~L PERCENTAGE R~T~ OF ~t~re~ on the unpaid b~ce except that no ~terest ~ a~e du~ng ~y deferment oe~od (A), (B), (e) ~d (D). III. REPA~ENT e t ~ zo~ded in p~a~lOh III (5)~I promise to repay the 9~1~al ~d~he.~t~rest (1) Exc p P ' -- ..... 1----~ ~ h~f~ime student at an mgltUtlOn O; niece eaucat]on or at a eom- beg~n~g 6 .......... ~. · .~n.~v.d f~r thh nur~ose b~ the ~nited States Se~et~ of Education (he~inafte~ able restitution outslae c~e ~cea ~.a.es -.~ ........... ~ ~ . ~ed the Secretly), ~d end.g, unless p~a~aphs III (4) or ~ (1) (defe~ent) applies, 1~ yem later. (2) I may, however, request that the repayment pe~od st~ on ~ e~iler date. erl mst~ments as de~rm~eu ~ ~ne ~en~m~ ....... ~ ...... --~ , ~ ' * - e ment ~ be q~ Y . -'. ~ --'-~ --h~dt~lzs 3n~ved bY the Sec~tary. In either c~, a sched~e cfr pay attached to ~d made p~ of th~ note. refle~ my income, ~terest} e~en thOUgh the montmy ga~ ........... . . · monthl~ ~ep~yment ~ate of ~cip~ md ~terest on ~ m~ National Dmct md Natlon~ le~ th~ SSO per month. , If I have receivsd Nation~ Degense o~ Nation~ D~gt ~oms.~om.othe~ ~it~q~ If m mont~y repayment rate ~ e~aba~ed under ~b~rap~ II!,l~) t~l~{ I ~*~c~!~ Nation~D~ Lo~s =om othe~ lending mm~,,o~!~,~%~u!~c;:.;-=~l.l~o~ ~ other Nation~ Detense ~d Naflon~ D~ct Lo~s. (6) A sched~e of revayment ~ be attached to ~d made 9~t of this note. · . ~ - · ......... ~-- '"~ the ra~ of $30 per month fo~ a pe~ of not more th~ one ye~ (7) The Lend~g I~tutlon ~ay 9erml~ me ~v p~ !-~ !I[~ -,~,,i fha repayment veriod ~ v~a~avh III (1). wheie nece~y to avoid h~hsl~ to me u~e~ that action wom~ ~ IV. PREPAYMENT (1) I 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 i repay in the academic year in which the loan was made will be used to reduce the mount 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. V. DEFAULT If I fail to make a scheduled repayment of any installment or I fail to rue cancellation or deferment forms with the Lend- (mlg Institution on time, the entire unoaid indebtedness including interest due and accrued thereon, plus any applicable penalty charges, will, at the option of the Lending Institution, become immediately due and payable. (2) I understand that if I default, on my loan repaY~oennsts the Lending Institution may disclose that I have defaulted, along with other relevant information, to credit bureau organizatl 3) Further, I understand that if I default on my loan repayments and the loan is sent to the Secretary for collection, the organizations. bureau ~ecretaxy may disclose that I have defaulted, along with other relevarxt information, to credit VI. DEFERMENT (1) Interest ,will not accrue, and installments need not be paid - - (A) While I ara enrolled and in attendance as at least a half-time student at an institution of higher education or at a compara- ble institution outside the United States approved for this purpose by the Secretary, (B) For a period not in excess of 3 years during which I am - ~)oast on full-time active duty ~ a. memb.er of the. Ar.med~ Fore.es .of te~e~orniDtsedofStt~tee~(~.r~uY~Nca~Ye, alAt~ SF~Ir~c.~,Marine Corps, or Guard), or an officer on full-tune active duty m tne uommiss~on p - · (ii) in service as a Volunteer under the Peace Corps Act, (iii) a volunteer under the Domestic Volunteer Service Act of 197 (iv) a full-time volunteer in a tax-exempt organization performing service comparable to the service performed in the Peace Corps or under the Domestic Volunteer Service Act of 1973 (ACTIOI~I a~ency programs), or tV)am temporarily totally disabled as established by an affidavit of a qualified physician, or unable to secure employment because providing care required by my spouse who is so disabled, (C) For a period not in excess of two yea~s during which time I am serving in an internship which is requi~ed in order that I may receive profess/onal recognition required to begin my profesaion~l practice or service, and D) During any grace period. A grace period is a six month period following(i) the date I cease to be at least a half-time stu- Bent as an institution of higher education, or (ii) the date the deferments described in subparagraph VI (1) (A), (B) or (C) expire. (2) The L. ending Institution may, upon my application, defer or reduce any scheduled repayments fi, in its opinion, extraox~ dinary circumstances such as prolonged illness or unemplo~nent, prevent me f~om malting inch repayments. However, interest will continue to accrue. VII. CANCELLATION FOR TEACHING (1) I am entitled to have up to 100 percent of the amount of this loan plus the interest thereon cancelled ff I undertake service - (A) as a full-time teacher in. a public or other non*profit elementary o~ seeondax~ school which is in a school district of a local ,education,al .a~ancy whi ,e~. is~eliftble fo.r funds.under Title I of tho .Elemen. t~ry ..and Secondary Education &et of 1965 and which nas ne. an aemgnated by .me ~eeretax~ in accoraance with the provisaons or ~ec~lon 465 (a) (2) of the Hi,her Education Act mst a sehooi with a high enrottment of students f~om lowJmcome f~miltes, or LaB) . as a f. ull- .t~ne t. eacher of h..~ldieapped .chil .d~.en (including se.ut ,ally.ret. arded, .h. erd of..h.e .ntiS, deaf, speech impaired, visually ,~p~..~.ssnou~. y ?motionau?. distu, r. ben,.or~nop.ed, ica. ll. y .~. patten., .c~u.~r?n wi.th s~. ctue ts...a~ing disabilities, or other health- asr cnnuren WhO oy reason ~nereox reqult~ spec~l enuca~on mu .relate~. serv~ces~ m a puouc or other non*profit ciementer~ or secondary school system. (2) This loan will be cancelled at the following rates: (A) . 15 percent of the total principal amount of the loan plus interest on the unpaid balance w~i be cancelled for the first and second complete academic years of that teaching service; (B) 20 percent of the total principal amount plus interest on the unpaid balance for the tliixd and fourth complete academic years of that teaching sexwice; and (C) .30 percent of the total principal amount plus interest on the unpaid balance for the fifth complete academic year of that teaching service. VIII. HEAD START CANCELLATION (1) I am entitled to have up to 100.percent of the mount of this loan plus the interest thereon cancelled if I undertake service as a full-time staff member in a Head Start program if - - (A) that Head Start progr~un is operated for a period which is comparable to' a full school year in the locality, and (B) my ~*y is not more than the salary of a comparable employee of the lopai educetioncl This loan will be cancelled at the rate of 15 percent of the ~ pp~nro~.amount plus the intercst on the tmpald balance or ef~h'complbte school year or the equivalent of service in a Head (3) Head Start is a preschool program ca, tied out under section 222 (a) (1) of the Economic Opportunity Act of 1964. IX. MILITARY CANCELLATION (1) .I am entitled to have up to 50 percent of the principal amount of this loan..plus the interest thereon cancelled ff I serve as a mernoar of the Armed Forces of the United States in an area of hostilities that q*,nl~ftes for special pay under section 310 of title 37 of the United States Code. (2) Tltis loan will be cancelled at the rate of 12V2 percent of the total principal amount plus interest on the unpaid balance for each complete year of such sexvice. DEATH AND DISABILITY CANCELLATION If I should die or become per~nanentiy and totally disabled, the entire amount of this loan plus the interest thereon ~ be can- eslled. XI. CHANGE IN NAME, ADDRESS, AND SOCIAL SECURITY NUMBER I am responsible for informing the Lending Institution of any change or changes in my name, address, or suclal security number. XIL PENALTY CHARGE (~n If I fail to make timely .p~¥,me,nt..o,f_all o,r a~.?.?art of a se.h ,eduled ins. tallm...ent, o.r ff I .am eligible for deferment oz cencella- under Articles VI throuah me by the Lending Institution. AA, OUt Xmi tO suomlt rne apPrnimm~e reques~ on time, i promise to pay the chm~e a~essed a~alnst (2) No charge may exceed - - (A) where the loan is repayable in monthly installments, $1 fox ~he first month or part of a month by which the installment or evidence is late, and $2 for each month or Dart of a month there, after, or (B) where the loan is repayablm in bimonthly or quarterly installments, $3 and $6, respectively, for each inst~tlment interval or part ~hereof by which the inct~Hment or evidence is late. '  If the Lending Institution elects to add the assessed charge to the outstanding Ptincipal of the loan, it must so inform me ore the due date of the next installment. XIII. ASSIGNMENT This ~iote may be assigned by the Lending Institution only ~ - (1) to another institution upon my transfer to that institution if that institution is participatix~ in this prelim (or, ff not so participating, is eligible to do so and is approved by the Secretary for that purpose), or t2) to the United States or to an institution approved by the Secretary. The provisions of this note that relate to the Lending nstitution shall where appropriate, relate tu an assignee. XIV. PRIOR LOANS I hereby certify that I have listed below all of the National Direct Student Loans (or National Defense Student Loans) I have ob- tained at other institutions. (If no prior loans have been received, state Schedule of National Direct Student Loans and National Defense Student Loans at other institutious (A) that Head Start program is operated for a per/od which is co~Darable to' a full school year in the locality, and (B) my salary is not more than the sa1913, of a eoml~rahie employee of the local educational agency. t2) This limn will be cancelled at the rate of 15 perCent of the or each'complete school rear or the equivalent of service in a Head t-~tal principal amount plus the interest on the unpaid balance ~t~t progx~un. (3) Head Start is a preschool program ear, led out under section 222 ia) (1) of the Economic Opportunity Act of 1964. LV~ MILITARY CANCELLATION (1) I am entitled to have up to 50 PerCent of the pxSrtcipal amount o! t loan' Jus the interest thereon eoneelled ff I serve as (2) Thi~. l.oan will .be eanrelied at the rate of 12V2 percent of the total pr/ncipal amount plus interest on the unpaid balance for each complete year o~ such sex'vice. :~L DEATH AND DISABILITY CANCELLATION If I should die or become permanently and totally disabled, the entire amount o! this loan plus the interest thereon shall be ean- XI. CHANGE IN NAME, ADDRESS, AND SOCIAL SECURITY NUMBER I am responsible for informing the Lending Institution of any change or changes in my name, address, or social security number. XIL PENALTY CHARGE t(~n I~. I tail to make timely ~y~m__ep.t_?,f. all o.r m?.y part ct a sci3ednled inst-Ilment, or H I am e,l~ibie for d*ferm _un...aer_Articias VI throui~ ..., ou~ ~au ~o Su ....... · o~ mmcerm- me oy ~ne *-ending Institution. mint the aPl~OPrtate request on time, I promise to pay the charge assessed against (2) lqo charge mey exceed - - (A) where the loan is rePayahie in monthly installments $1 for the fixst month or part of a month by which the installment or evidence is late, and $2 for each month or part of a mon~ thereafter, or (B) where the loan is repayabt0 in bimo.n.thiy or uartetly installments, part thereof by which the installment or eviaence is~s~e. $3 and $6, respectively, for each instsl~*~ent interval  ~ th.e Lending Institution elects to add tim assessed chat'ga to the outstanding principal of thc loan~ it must so inform me ore ~ne cue date ct the next installment. XIIL ASSIGNMENT This .note may be sssiined by the Lending Institution only - - parUcipeuna, is al~tble to do ~..~.~ o:, ~o centenary for mat purpose), or t2)~,~.~to__th_e~ ~U~n/.t~d .qtatas or t.o. an i.n. stitutlon approved by the Secretary. The provisions of this note that rehte to the Lendinl ~.,.=~on mmL, Where appropnare, relate to an ass~nee. XIV. PRIOR LOANS Schedule of National Direct Student Loans and National Defen~ Student Loans st other institutions Amount Date Institution 3 .................. $ 4 .................. men~ ma~ be required. The Leudinf Institution shall supply a copy of this ~ote to nmb.mums ouflSm~lort, 8tmer sectuity or endorse- Signature of endorser ....... Date . 19 Permanent Address (Street or Box Number, City, St.a*_.e. and Zip Code) Social SecuEity Number Exhibit E NDSL Statement of Borrower's Rights and Responsibilities ~ National Direct Student Loan is a serious legal obligation. Therefore, 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) 245-1383. (a) If I withdraw from school. (b) If I transfer to another school. (c) If I drop below half-tine status. (d) If I change my name (for example, because of marriage). (e) If my address, or my parents' address changes. 2. I understand that when I graduate, or withdraw fzom Dickinson College, I must arrange for an exit interview by calling (717) 245-1383. 3. I understand that my first monthly payment will be due six months from the time I cease to be at least a half-tine student. 4. I understand that my minimum monthly payment will be at least $30.00. It may be more if the amount borrowed is sufficient to require larger payments. 5. I understand that the ANNUAL PERCENTAGE RATE of~% will be the 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-tine student. 6. I understand that if I qualify as a low-income individual during the repayment period, the lending institution may, at my request, extend the repayment period for up to an additional 10 years or adjust any repayment schedule to reflect my income or both. 7. 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. 8. I understand interest will not accrue, and installments need not he 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 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 ~f the Armed Forces of the United States (Army, Navy, A/r 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 (Li) 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 Cor~s or ACTION agency volunteers (v) temporarily totally disabled as established by an affidavit of a qualified physician or unable to secure employment 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, extraordinary circumstances, such as prolonged illness or unemployment, prevent me from making such repayments. However, interest will continue to accrue. 9. I understand that I am entitled to have up to the entire mmount of this loan plus. the interest thereon cancelled if I undertake service (a) as a full-tine 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 which 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 iow-income families, or (h) asa full-time teacher of handicapped children (including mentally retarded, hard of hear- ing, deaf, speech impaired, visually handicapped, seriously emotionally disturbed, ortho- pe~ically inpaired, children with specific learning disabilities 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 rates: 15 percent of the total principal amount of the loan plus interest on the unpaid balance will be cancelled for the first and second com- plete academic years of that teaching service; 20 percent of the total principal amount plus interest on the unpaid balance for the third and fourth complete academic years of that teach- ing service; and 30 percent of the total principal amount plus interest on the unpaid balance for the fifth complete academic year of that teaching. EXHIBIT "E" · 10. I understand that I am entitled to have the entire amount of this loan-plus interest thereon 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. 11. I understand that if I 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~ percent of the total principal amount plus interest on the unpaid balance for each complete year of service. 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 pay- able immediately and legal action could be taken against me. 14. I understand that I will promptly answer my communication from Dickinson College or Wachovia Services, Inc. regarding my loan. 15. I understand I may prepay at anytime. I further understand that future interesr, s will be re- duced by making such payments. 16. I understand that if I cannot make payments on time, I must contact the Business Office, Dick/nson College, to make arrangements. 17. I authorize Dickinson College to contact any school which I may attend, to obtain information concerning my student status, my year of study, my dates of attendance, graduation, or with- drawal, 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 I have read and understand the rights and responsibilities on this form and that I will adhere to them. certify the information supplied by me on this form is true and correct to the best of my knowledge. Signature of Lending Instit~tion Representative 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 behef. 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 ifI knowingly make false averments, I may be subject to criminal penalties. Dickinson College Tho~'''t'''~ Assistant Treasurer of Dickinson College Dated: F:~FILES~DATAFILE\Dickinson Collect.docCl6-com, 1 FEt~ 0 ~ 2003 SHERIFF'S RETURN - OUT OF COUNTY ~ASE NO: 2003-00934 p COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DICKINSON COLLEGE VS NEY WILLIAM J R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the.within named DEFENDANT , to wit: NEY WILLIAM J but was unable to locate Him in his bailiwick. He therefore deputized the sheriff of MONTGOMERY County, Pennsylvania, to serve the within COMPLAINT & NOTICE On March 21st , 2003 , this office was in receipt of the attached return from MONTGOMERY Sheriff's Costs: Docketing Out of County Surcharge Dep Montgomery Co 18.00 9.00 10.00 33.00 .00 70.00 03/21/2003 MDW&O Sworn and subscribed to before me this ~/-~ day of ~ ~3~ A.D. i / Prothonotarl/ R. Thomas Kline Sheriff of Cumberland County SHERIFF'S RETURN PROTHONOTARY Z- 1122 DEFENDANT: William J. Ney DOCUMENT SERVED: Civil INDIVIDUAL SERVED: Barbara Ney RELATIONSHIP TO DEFENDANT: Person In Charge DATE AND PREVAILING TIME: March 13, 2003 ~ 07:25 LOCATION: 811 East Marshall Street, Norristown, PA March 14, 2003 Sheriff of Montgomery County Deputy Sheriff Cavalier In The Court of Common Pleas of Cumberland County, Pennsylvania Dickinson Colle§~ VS. Willian J. Ney SERVE: Willi~n J., N~y No. 03-93a civil NOW, March 5, 2003 , I, SHERIFF OF'CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff o'f Montgomery County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA Now, within Affidavit of Service / ,20 03 , at. O ?~f-- o'clock /4- M. served the by handing to ~-~_/¢~tT~grZr3~ 3,/~--)/- a ~~ ~d made ~o~ to ~o ~ copy of the original the contents thereof. So answers, Sworn and subscribed before me this ~ day of ,2O ~ ~heriffo~0a,rr~o~d-2-~- County, PA COSTS SERVICE MILEAGE AFFIDAVIT R. THOMAS KLINE Shedff EDWARD L. SCHORPP Solicitor TO: Hon. John P. DUran~e Montoomery County Sheriff Dear Sir: Enclosed please find Notice RONNY R. ANDERSON Chief Deputy OFFICE OF THE SHERIFF One Court~~,8¥£9'"i~ ,~,~,~4~ ...... 'h/%/~ _~ Carlisle, Pennsylvania 17013 RELATION / POSITION ,,/~T3~,~C- ,--- PLACE OF SERVICE TIME OF SERVICE DATE OF SERVICE ~-/$-0_5 __ ~ Dickinsogl.~QJ. lege Ii~MBER OF~s1-rEMPIU DEPUTY AST DAY OF SERVZCE and Complaint JODY S. SMITH Real Estate Deputy to be served upon William J. Ney 811 East Marshall Street Norristown, PA 19401 in your County. ' Kindly make service thereof and send us your return of service. Enclosed is the advance payment which you requested. "Enclosures: Very truly~urs, R. Thomas Kline, Sheriff Cumberland CounLy' Pennsylvania DICKINSON COLLEGE, Plaintiff V. DONNA WENCH, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-935 CIVIL ACTION-LAW JURY TRIAL OF TWELVE DEMANDED TO: DONNA WENCH, Defendant NOTICE OF ENTRY OF DEFAULT JUDGMENT You are hereby notified that on April 23, 2003, the following Judgment was emered against you in the above-captioned case: $3,995.01 plus interest in the amount of $22.96 from January 31, 2003, to April 23, 2003, plus attorneys' fees in the amount of $599.25 for a total of $4,617.22, plus costs of suit and interest of $.28 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: Donna Wench 30 Noyes Avenue Swoyersville, PA 18704 F:\FILES~DATAFILE~Dickinson College 7619~ickinsonCollegeCollections7619C~Documents\4&pral/cny Created: 4/23/03 11:6:45 AM Revised: 4/23/03 11:50:11 AM 7619C.46 DICKINSON COLLEGE, · Plaintiff · Vo DONNA WENCH, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-935 CIVIL ACTION-LAW JURY TRIAL OF TWELVE DEMANDED PRAECIPE TO THE PROTHONOTARY: Enter default judgment in the above-captioned action in favor of Plaintiff and against Defendant in the amount of $3,995.01 plus interest in the amount of $22.96 from January 31, 2003, to April 23, 2003, plus attorneys' fees in the amount of $599.25 for a total of $4,617.22, plus costs of suit and interest of $.28 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 1, 2003, which date was subsequent to the date default occurred and at least ten (10) days prior to the date of the Praecipe. M~~LIAMS~, & OTTO I. D. Number 87326 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attomeys for Plaintiff Dated: April 23, 2003 F:\FILES\DATAFILE\Dickinson College 7619\DickinsonCollegeCollectlons7619C~Docunrems\46.defaultnotice/tde Created: 01/03/03 08:30:20 AM Revised: 04/23/03 11:06:2g AM DICKINSON COLLEGE, : Plaintiff : V. : DONNA WENCH, : Defendant : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-00935 CIVIL ACTION-LAW JURY TRIAL OF TWELVE DEMANDED TO: DONNA WENCH, Defendant IMPORTANT NOTICE 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, Pennsylvania 17013 Telephone (717) 249-3166 MARTSON DEARDORFF ~I~,.IAMS & OTTO BYDavid R. O~ioway, Esquire Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff Date: April 1, 2003 ~.~u~. ~EO.S.T_A_L SERV,CE CERTIFICATE OF I PROViDi::UcS,~E~D,.F~,R,~D.O.,M-E-STIc AND INTERNATIONAL MAIL, DOES I ........ "~'"~',-"OSTMAS*ER One piece of ordinary mail addressed to: PS Form 3817, Mar. 1989 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: Donna Wench 30 Noyes Avenue Swoyersville, PA 18704 MARTSON DEARDORFF WILLIAMS & OTTO Christina N. Yost 6/ Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: April 23, 2003