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HomeMy WebLinkAbout03-0936F:\FI LESkDATAFILE~Dickinson Collect.doc~9.coml Created: 11/01/02 11:54:23 PM Revised: 02/28/03 02:04:53 PM DICKINSON COLLEGE, Plaintiff V. KIMBERLY C. JONELUNAS, A/K/A KIMBERLY LINE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03- q36 0x3Ag-/'---- 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: MARTSON DEARDORF10~vV_II~IAMS & OTTO David R Galloway, I.D. Number 87326 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attomeys for Plaintiff F:~FI LES~DATAFILE~Dickinson Collect.doc~39.coml Created: 11/01/02 11:54:23 PM Revised: 02/28/03 02:04:53 PM DICKINSON COLLEGE, Plaintiff Vo KIMBERLY C. JONELUNAS, A/K/A KIMBERLY LINE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 0 CWIL 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: c2fo~/tg~ MARTSON DEARDORF~vV. ~IAMS & OTTO BYDavid R. Gallov~ay, ~sqm'~ 1 I.D. Number 87326 Ten East High Street Carlisle, PA 17013 (717)243-3341 Attomeys for Plaintiff DICKINSON COLLEGE, Plaintiff KIMBERLY C. JONELUNAS, A/K/A KIMBERLY LINE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW JURY TRIAL OF TWELVE DEMANDED COMPLAINT AND NOW, comes Plaintiff Dickinson College by and through its attorneys, 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 Kimberly C. Jonelunas, also known as Kimberly Line, is an adult individual with a last known residence at 32 North Dawes Avenue, Kingston, Luzeme County, Pennsylvania, 18704. 3. On or about April 2, 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 4. Note #1 provided for the financing of $2,030.00 plus interest and costs by Defendant on her own behalf for educational services and benefits at Plaintiff's institution. 5. On or about March 24, 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 6. Note #2 provided for the financing of $304.00 plus interest and costs by Defendant on her own behalf for educational services and benefits at Plaintiff's institution. 7. Note #1 and Note #2 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. 8. 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. 9. The total collective outstanding principal balance for Note #1and Note #2 is $2,334.00. 10. Note #1 and Note #2 grant Plaintiff reasonable attomey's fees which Plaintiff has calculated to be $500.00. 11. As of January 31, 2003, the outstanding balance due and payable by Defendant to Plaintiff is $2,791.30, plus interest of $0.10 per day, attorney's fees in the amount of $500.00 and costs accruing subsequent to January 31, 2003. 12. The outstanding balance of $2,791.30 represents the total and actual overdue value of the financing provided to Defendant under Note #1and Note #2 for which Defendant has yet to pay. COUNT I BREACH OF CONTRACT 13. Plaintiff hereby incorporates by reference the averments contained in Paragraphs 1 through 12 of this Complaint. 14. Plaintiff has fulfilled, performed and complied with all obligations and conditions of Note #1 and Note #2. 15. Defendant has breached the expressed and implied obligations, conditions and terms of agreement of Note #1 and Note #2 to pay the amounts financed therein. WHEREFORE, Plaintiff demands judgment against Defendant in the amount of $2,791.30, plus interest of $0.10 per day, attorney's fees in the amount of $500.00 and costs accruing subsequent to January 31, 2003 and said amount is within the limits set forth for compulsory arbitration in Cumberland County, Pennsylvania. 16. COUNT II QUANTUM MERUIT Plaintiff hereby incorporates by reference the averments contained in Paragraphs 1 through 15 of this Complaint. 17. Defendant is liable to Plaintiff and/or has been unjustly enriched in the amount of $2,791.30, plus interest of $0.10 per day, attorney's fee in the amount of $500.00 and costs accruing subsequent to January 31, 2003. WHEREFORE, Plaintiff demands judgment against Defendant in the amount of $2,791.30, plus interest of $0.10 per day, attorney's fees in the amount of $500.00 and costs accruing subsequent to January 31, 2003, and said amount is within the limits set forth for compulsory arbitration in Cumberland County, Pennsylvania. David R. Galloway, l~squi~ ] I.D. Number 87326 ~ Ten East High Street~ Carlisle, PA 17013 (717) 243-3341 Date: o~/o~/~ Attorneys 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 from this communication will be used for that purpose. Exhibit A PROMISSORY NOTE National Direct Student Loan Program DICKINSON COLLEGE Carlisle, PA 17013 I .I ..... -~-~'~ ~_-~. (~-x_.~-~_~.~¢ ,. ' Pr°raise t° pay to Dickinson College, hereinafter called the Lendine nsrit tion I.cated at Carlisle, Pennsy(v~nia, the 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 al~attorney's fees and other costs and char~es necessary for the collection of any amount not paid when due. ~ Term Amount ature of SCHEDULE OF ADVANCES Year Term Amount of Maker Signature \ Date 19~ Permanent address further understand and agree that: Number ty, State, and GEi~ERAL 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. REPAYM~qT 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 a~proved for this purpose by the United States Commissioner of Education, and ending, unless paxagraph III (3) applies, 10 years and 9 months after that date. I may however request that the payment per~od start on em 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 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 ~n- retest. 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 al/ or any part of the principal, plus the accrued interest thereon, at anv time. DEFAULT EXHIBIT "A" (2] If I fail to meet a scheduled repayment of any of the installmentm due on this note. the entire unnm~d t address ~ - ~/~ (S fr~ I 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, 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, bimomthly 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 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. DEFAULT (2) If I fail to meet a scheduled repayment of any of the installments due on this note, the entire unpaid indebtednes~ including interest due and accrued thereon, shall, at the option of the Lending Institution, become 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 Commissioner, 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. 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 Education Act as a school with a high enrollment of students from iow-income families, or (B) as a full-time teacher of handicapped children (including mentally tarded, hard of hearing, deaf, speech impaired, _ visually handicapped, seriously emotionally disturbed, or other ~lth- impaired children who by reason thereof require special education) in a public or other nonprofit elementary or second- ary school system. This loam 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 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 o4 the .total kprincip~ 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 interest thereon cancelled if I undertake service as a full-t~me s~aff member in a preschool pro,ram carried on under Sect/on 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 loam 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 ~he local educational agency. MILITARY CANCELLATION (6) If ~ serve as a member of the Armed Forces of the United States, up to 50 per ce/ltum of the principal amount of this loan plus the interest thereon shall be cancelled at the rate of 12~ per centtan of the total principal amount of the loan plus interest thereon for each complete year of s~rvice in an area of ~ostilit~es that qualifies for Special pay under Section 310 of Title 37 of the United States Co'de. .. -, (7) If I should die or become permanently and totally disabled, the e~tire amount of this loan plus the interest thereon shall be cancelled. ADDRESS CHA~GE (8) I am responsible for informing the Lending Institution of any change or changes in my address PENALTY CHARGE (9) If I fail to make timely payment of all or any part of a scheduled installment, or if I am eligible for deferment or cancellation of payment (pursuant to paragraphs III (3) 4 satisfactory evidence thereof, I promise to ~av the ........... ' ( )'. (5), or _(6), but fail to submit timely and = ~ ch~.~= =o~=~ed agains~ 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 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 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. ASS I(~MENT 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 Commissioner for such purpose)or (B) to the United States if this note has been in de- fault for t~o 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." SCHEDUL~ OF NATIONAL Dmz. CT ~TUDENT LOANS ~ND NATI(~AL DESPISE STUDENT LOANS AT Institution ~ Signature of Maker * for special pay under Se. ction 310 of Titl~-~?e~ch Complete year O~Lo21e.~rate of 12½ per c.entum of the tota : ~ " · DEATH ~ *I ' '~ ' ' ) ' ' '~ ..... ,, ~ i~Z~I~. ~qEL~TIO,' ~ ,.' - . (7) If I should die or become pe~nen/l~ .... ' '~ :' -; ~' ' ?. -interest thereon sh~l be c~c~led. ~ aha totaamy disabled, the entire ~ount of this loan plus the ~D~ss ~GE (8) I ~ resPonsible for info.ins the Lending Institution of any c~nge or changes in my address (9) If I fail to ~ke t~ely pa~ent of all or any part of a sched~ed ins~llment, or if I am eligible for deferment or cancellation of pa~ent (purs~nt to para~aphs III (~), (4), (5). or (6). but fail to su~it t~ely and satisfactory evidence thereof, I promise to pay the c~rge assessed ~Y e~eed (1) where the loan is repayable ~ monthly installments, a~inst me by the Lendi~ Institution. No charge such installment or evida~e is late. ~d $2 for each month or part of a ~nth thereafter; or (2) ~n the case of a loan $1 for the first month or part of a month by which which ~s repayable tn b~onthly or quarterly ~stallments. $3 and $6 respectively, for each ~nstallment inte~l or ~rt thereof by which s~h installment or evide~e is late. If the Lend~ng Institution el~ts to add the assessed c~rge t9 the outstanding pr~nc~p~ of the loan, it sha~ ~o lnfo~ me Prior to the due ~te of the n~t lnst~lm~t. ~. This note ~y be assigned by the Lending Institutio~ o~y (A) to another in~titution upon ~ transfer to t~t ~stttution if that institution is participating in this pro.am (or, if not so participati~, is eligible to do so and ts approved by the Co~%ssioner for such PU~ose)or (B) to the United States if this ~te has been in de- fault for two Y~rs. The provisions of this ~te that relate to the Lend~g Institution shall, where appropriate r~ate to ~ 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 Amount Date ?IONS Maker ~AVEAT - This note shall be executed without security and without endorsement, except that if I am a m/nor and this =ore WOuld not, under the law of the State in which the Lending Institution is located, create a binding obligation, ~ither security or endorsement may be required. The Lending Institution shall supply a copy of this note to me ;ignature of endorser 'ermanent address Date (Street or Box Ntunber, City, State, and Zip Code _, 19 Exhibit B PROMISSORY NOTE National Direct Student Loan Program DICKINSON COLLEGE Carlisle, PA 17013 ~ 'Y'~~~~ -, promise to pay to Dickinso'n College, hereinafter calli~d the Lending · ; catea at Carlisle, Pennsylvania, the sum~)f such amounts as may from time to time be advanced to me and endorsed in the Schedule of Ad- van,.cs set forth below together with all att_orney's fees and 9ther costs and c.harRes necessary for the collection of any amount not paid when due. Term Arno u~l t SCHEDULE OF ADVANCES Year nature of Maker Term Amount of Maker Signature ~_ Permanent address _ Date .~ 19_~ or Box ~r, City, State, and Zip I further understand and agree that: GENERAL I. Ail sums advanced pursuant to this note are drawn from a fund created under Part g 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 constrned 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 d~ing 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 om 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 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. DEFAULT EIq~I B IT "B" (2) If I fail to meet a scheduled repayment of a~v mf thm Jnmtml]mmn~ d~m mn ~hqg .n~ th~ mnw4 wm ,~n~qA - ) _~ ~ ~ '~ ~' ' , 19 -' further understand and agree that: ate, and Z~~~ ~ 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 promu/gated 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 bi the Lending Institution. Il. (l) Interest shall accrue from REPAYMENT except that no interest Shall the beginning of the repayment period and shall be at the rate of 3 per Centum per annum on the Unpaid balance accrue during any period described in paragraph [Il (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-t/me 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 eta over the course of the repayment period in equal monthly:th lng Institution, ~°na~h~yrolr~e~ua~rtt:~lyItn~sh~la/1 mreemp~sY the principal and interest 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~tssioner. In either case, a schedule of repayment 1 , as determined by the Lend- shall be attached to and made part of this note. (3) If the repayment schedule that ~uld otherwise be established in accordance with paragraph II (2) ~uld 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 nonthly rate of princt al ~de part of this notep ~,~and interest repaid -- ~qual to not less than the amount by which $30 exceeds the tOtal ,~ not more than one v' .... Lending Instituti~- _ ther loans. A schedule of repayment sh a--. where necessa~.., v, may Permit me to pay less than the r ..... all be attached t ~eriod in paragraph 2 of this article. ~ uo avoid hardship to me unless such ~ ..... =,re or $30 per mo~u ~ o and III. This note is also subject to the following Conditions: -- ouczon Would e~--a ~;'~" rot a period ---=~,u cna repayment PRE PAYI~:ITi' (1) I may at my option and without penalty prepay all or any part of the pr/nc/pal, plus the accrued interest hereon, at any time. DEFAULT (2) If I fail t ~debtedness ]._~..=~ o meet a sched _ :diately d,e ."terest due and :? ent of ....... ' "~ option of the Lendi.~s,n°t~ the entire un "~ ~nst~uti.- . paid D~E~T (3) Interest S~ll not accrue, and installments need not be paid (A) while I am enrolled and in attendance at least a half-time Student at an institu~ion of higher ed~ation or at a comparable institution outside the ired States approved for this purpose by the Co~issioner, or (B) for a Period not ~n excess of 3 Y~rs dUrln~ ~ch I am (l) on full-t/me active duty as a member of ~lne Corps, or Coast G~ /er T~tle i__Part A -v .~d)l (i~) ~n Service ~ the A~ed Forces of ~ne United States (Amy, Na~, A~r Force, a volunteer under the Peace Corps Act, or (~) a VISTA volunteer ~ity Act of 1964). o, cna Domestic Se~lce A of 1973, P.L. 93-113, (formerly Title VIII of the Economic Oppor_ The Lending InstitUtion ~y, Upon my application, defer or reduce any scheduled repa~ents, if, in the ~w of the Lending Institution, extraordinary Circumstances such as prolonged illness or unemplo~ent m ~ktng Such Pa~ents. However, interest shall continue to accrue. , prevent me CANCELLATION FOR TEACHING (4) I am entitled to have the entire amoun~t of th./s 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 Educat/on Act of 1965 and which for the purposes of this clause has been desi~nated 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//ies, or (B) as a full-t/me teacher of handicapped children (including mentally Carded, hard of hearing, deaf, speech impaired, visually hand/capped, seriously emotionally i~ disturbed, or other Ich- impaired children who by reason thereof require special education) in a public or ocher nonprofit elementary or second- ary school system. This loan shall be cancelled for teaching service in accordance with the following rates: 15 per centmu of the to,al 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. HEAD STAR~ 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-thee staff member in a preschool program carried on under Sect/on 222(a) (1) of the Economic Oppor- tunity Act of 1964 (Head Start) at the rate of 15 per centres 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 cancel/ed 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 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 tota/ly 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 CHARGE (9) If I fail to make t/mely payment of all or any part of a schedu/ed installment, or if I am 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 against 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 insta/lment 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 $6 respectively, for each installment interval or part thereof by which such installment or evidence is late. If the Lending Institution elects to add the assessed charge tq the outstanding principal of the loan, it shall so inform me prior to the due date of the next installment. ASSIGNMENT IV. This note may be assigned by the Lending InStitutio~ only (A) to another institution upon my transfer to that institution if that institution is participating in this pro,ram (or, if not so participating, is eligible to do so and is approved by the Commissioner for such PUrpose)or (B) to the United States if this note has been in de- fault for tx~o years. The provisions of this note that relate to the Lending Institution shall, where apPropriate relate to an assignee. PRIOR LOAN$ 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 DIREC~ ~TUDENT LOANS AND NATIONAL DEFENSE STUDENT LOANS AT OTHER INSTITUTIONS Date Institution "---------'-- ~ Signature of Maker MILITARY CANCELLATION (6) If I serve as a member of the Armed Forces of the United States, up to 50 per centmn 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 Xor special pay under Section 310 of Title 37 of the United States service in an area of hostilities that qualifies Code. DEATH AND DISABILITY CANCBLLA~IoN (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 CltA~]g (9) If I fail to make timely payment of all or any part of a scheduled installment, or if I am 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 against me by the Lending Institution. No charge tomy exceed (1) where the loan is repayable in monthly installments, $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 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 ne~t installment. ASSIGNMENT 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 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, wher'e 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 Amount Date Ins tttution OTHER INSTITUTIONS -----_.__~_Signature of Maker CAVEAT - This note shall be executed without security and without endorsement, except that if I am a minor and this note would not, under the law of the State in which the Lending Institution is located, create a binding obligation, wither security or endorsement may be required. The Lending Institution shall supply a copy of this note to me Signature of 'endorser Date Permanent address __, 19 (Stree~ or Box N~be~state' and 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 unsworn falsification to authorities, which provides that if I knowingly make false averments, I may be subject to criminal penalties. Dated: Dickinson College Tho~-'e---'-~ Assistant Treasurer of Dickinson College F:\FI LES\DATAFILE\Dickinson Collect.doc~39-com. I SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2003-00936 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DICKINSON COLLEGE VS JONELUNAS KIMBERLY C AKA KIMBE 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: JONELUNAS KIMBERLY C A/K/A KIMBERLY LINE but was unable to locate Her in his bailiwick. He therefore deputized the sheriff of LUZERNE County, Pennsylvania, to serve the within COMPLAINT & NOTICE On March 12th , 2003 , this office was in receipt of the attached return from LUZERNE Sheriff's Costs: Docketing Out of County Surcharge Dep Luzerne Co 18.00 9.00 10.00 26.00 .00 63.00 03/12/2003 MDW&O ounty Sworn and subscribed to before me this /'~ day of ~~ In The Court of Common Pleas of Cumberland County, Pennsylvania Dickinson College VS. Kimber]y C. Joneluna~ a/k/a Kimber]y Line SERVE: s~ne 03-936 civil NO. Now, March 5, 2003 hereby deputize the Sheriff of , I, SHERIFF OF CUMBERLAND COUNTY, PA, do Luzerne County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA Affidavit of Service Now, 7".~u, nn~, ~ t. ,20 05 , at ;: 3 r) o'clock ~. M. served the within ~ ,- ~ upon e. _,, by handing to a and made known to copy of the original the contents thereof. Sworn and subscribed before me this _Z~ day^of ~ ,20 o3 So answers, ,~ //'7 Sheriff of ~~/~'~'~ County, PA COSTS SERVICE MILEAGE AFFIDAVIT F:WILESkDATAFILE~Dickinson College 7619kDickinsonCollegeColleetions7619C~Doeumentsk39.pral/cny Created: 4/17/03 10:10:59 AM Revised: 4/21/03 1:24:19 PM ~ 7619C.39 DICKINSON COLLEGE, Plaintiff KIMBERLY C. JONELUNAS, A/K/A KIMBERLY LINE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03 - 936 CIVIL TERM CIVIL ACTION-LAW JURY TRIAL OF TWELVE DEMANDED PRAECIPE TO THE PROTHONOTARY: Emer default judgment in the above-captioned action in favor of Plaintiff and against Defendant in the mount of $2,334.00 plus interest in the amoum of $465.30 and attorneys' fees in the amount of $500.00 for a total of $3,299.30, plus costs of suit and interest orS. 10 per day accruing hereafter for Defendant's failure to file an Answer to the Complaim. 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. Dated: April 21, 2003 MARTSON DEARDORFF WILLIAMS & OTTO David R. Galloway,~"~ir~ I. D. Number 87326 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff DICKINSON COLLEGE, Plaintiff KIMBERLY C. JONELUNAS, A/K/A KIMBERLY LINE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03 - 936 CIVIL TERM CIVIL ACTION-LAW JURY TRIAL OF TWELVE DEMANDED TO: KIMBERLY C. JONELUNAS a/k/a KIMBERLY LINE NOTICE OF ENTRY OF DEFAULT JUDGMENT You are hereby notified that on April 21, 2003, the following Judgment was entered against you in the above-captioned case: $2,334.00 plus interest in the amount of $465.30 and attorneys' fees in the amount of $500.00 for a total of $3,299.30, plus costs of suit and interest of$. 10 per day accruing thereafter. Date: April 21, 2003 Prothonotary I hereby certify that the name and address of the proper person to receive this notice under Pa. R. Civ. P. 236 is: Ms. Kimberly C. Jonelunas 32 North Dawes Avenue Kingston, PA 18704 DICKINSON COLLEGE, Plaintiff KIMBERLY C. JONELUNAS, A/K/A KIMBERLY LINE, Defendant TO: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03 - 936 CIVIL TERM CIVIL ACTION-LAW JURY TRIAL OF TWELVE DEMANDED KIMBERLY C. JONELUNAS, AKA KIMBERLY LINE NOTICE OF INTENTION TO FILE PRAECIPE FOR ENTRY OF DEFAULT JUDGMENT 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 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 MARTSON DEARDORFF WILLIAMS & OTTO TD:~iE% sR~ Hdia~~mLt 6~ -~ Carlisle, PA 17013 (717) 243-3341 Date: April /,2003 Attorneys for Plaintiff CERTWICATE OF SERVICE I, Christina N. Yost, an authorized agent of Martson Deardorff Williams & Otto, hereby certify that a copy of the foregoing document was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Ms. Kimberly C. Jonelunas 32 North Dawes Avenue Kingston, PA 18704 MARTSON DEARDORFF WILLIAMS & OTTO By ~"~~.; ~, ~ Christina N. Yost 6/ Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: April 21, 2003