HomeMy WebLinkAbout03-0940F:\FILES\DATAF1LE\Dickinson Collect do¢\44, eoml/sjs
Created: 01/02/03 02:41:15 ?M
Revised: 02/28/03 12:07:30 ?M
DICKINSON COLLEGE, Plaintiff
V.
DANIEL E. BURNS,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. Ob-°t~o ~
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:
By ~ ~ ~..FX~_ 'X/~a- I
David R. Galloway, Esquire /
I.D. Number 87326
Ten East High Street
Carlisle, PA 17013
(717) 243-3341
& OTTO
Attorneys for Plaintiff
DICKINSON COLLEGE, Plaintiff
V.
DANIEL E. BURNS,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. O~-q~c~ 0_~
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 Daniel E. Bums is an adult individual with a last known residence at 58 Ferry
Street, Lawrence, Essex County, Massachusetts 01841-2210.
3. On or about December 19, 1986, Defendant entered into a Promissory Note - Federal
Perkins Loan Program ("Note #1") with Plaintiff. A copy of Note #1 is attached hereto as Exhibit "A."
4. Note #1 provided for the financing of $1,500.00, plus interest and costs by Defendant on
his own behalf, for educational services and benefits at PlaintiWs institution.
5. On or about February 12, 1988, 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 $750.00, plus interest and costs by Defendant on
his own behalf, for educational services and benefits at Plaintiff's institution.
7. On December 19,1986, Defendant received and signed a Statement of Borrower's Rights
and Responsibilities that set forth, among other things, the terms and conditions for re-payment of Notes.
A copy of that Statement is attached hereto as Exhibit "C."
8. 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.
9. 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.
10. The total collective outstanding principal balance for Note g 1 and Note g2 is $2,123.66.
11. Note gl and Note g2 grant Plaintiff reasonable attorney's fees which Plaintiff has
calculated to be $514.99.
12. As of January 31, 2003, the principal and interest due and payable by Defendant to
Plaintiffwas $3,433.26, plus interest of $0.29 per day, attorney's fees in the amount of $514.99 and costs
accruing subsequent to January 31, 2003.
13. The outstanding balance of $3,433.26 represents the total and actual overdue value of the
financing provided to Defendant under Note gl and Note g2 for which Defendant has yet to pay.
COUNT I
BREACH OF CONTRACT
14. Plaintiff hereby incorporates by reference the averments contained in Paragraphs 1
through 13 of this Complaint.
15. Plaintiff has fulfilled, performed and complied with all obligations and conditions of Note
gl and Note g2.
16. Defendant breached the expressed and implied obligations, conditions and terms of
agreement of Note gl and Note g2 by failing to pay the amounts financed therein.
WHEREFORE, Plaintiffdemands judgment against Defendant in the amount of $3,433.26, plus
interest at $0.29 per day, attorney's fees in the amount of $514.99 and costs accruing subsequent to
January 31, 2003; said amount is within the limits set forth for compulsory arbitration in Cumberland
County, Pennsylvania.
COUNT II
QUANTUM MERUIT
17. Plaintiff hereby incorporates by reference the averments contained in Paragraphs 1
through 16 of this Complaint.
18. The Defendant is liable to Plaintiff and/or has been unjustly enriched in the amount of
$3,433.26, plus interest at $0.29 per day, attomey fees in the amount of $514.99 and costs accruing
subsequent to January 31, 2003.
WHEREFORE, Plaintiffdemands judgment against Defendant in the amount of $3,433.26 plus
interest at $0.29 per day, attomey's fees in the amount of $514.99 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
iD. Da .V~Nd Ruin' bGe;l~°7~Y6'~E s~ire(
Ten East High Street
Carlisle, PA 17013-3093
(717) 243-3341
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
.~(
DICKINSON COLLLGE
CARLISLE, PENNSYLVANIA 17013
PROMISSORY NOTE
NATIONAL DIRECT STUDENT LOAN PROGRAM
.. _ promise to pay to
Dickinson College (hereinafter called the Lendiffg Institution) located at Carlisle, Pennsylvania, ~ne sum o! the amounts that are
advanced to me and endorsed in the Schedule of Advances set forth below. I promise to pal' ~11 attorney's fees and other rcarona-
bls collection costs and charges necessary for the collection of any amount not 0aid when due. However, if the Lending Institu-
tion uses a collection agency, which 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
- (Street or ~ox , y, , ~d~ip Code)
Soei~ S*cudty Number O~ 7--~--~~
I further understand and ~gree that:
I. GENERAL
~ AH sums advmced under th~ note ~e drawn from a ruud ~[~a~m~ ~_~ ~ of ~itle ~V ortho.mer Eduction Act of
5, hereinafter called the Act. and ~e subject to the Act and m .' euerat t~eg~atlons l~uea ~Qer t~e A~. The terms of thh
note must be interpreted in accordance with the Act and Federal ~e~ulations, copies of which ~e to be kept by the Lendhz In-
stitution.
(2) I unde~t~d ~at if I am eU~ible for deferment or cancelation under Articles VI through I~, I am responsible for sub-
mitt~g the aOomo~ate requests on'time.
IL INTEREST
Interest shag accrue from the beg~ning of the repayment 0eriod ~d sh~ be at the ANNUAL PERCENTAGE RATE OF ~/
~terest(A), (B) ~n(c)the~dunOM. d(o) bal~ce except that no interest sh~l acc~e dunn~ any defe~ent period des~bed in subp~a~phs VI (1)
III. REPAYMENT
(1) Except ~ provided in p~aph III (5).I promise to repay t~e o~ucip81 ~d the interest which scenes on it owr a ~flod
beginninz 6 months a~r the date I cease to be at least a h~f-time student at an institution of hi ~e
O~able in~itutton outside the United States approved for this nuroose' by the U~I*-a e.~.. ~- ~ r $~eation, or at a eom-
e~led the Secretary), an~ end.g, unle~ p~a~raphs III (4) or VI ~l)~defer~ent) n~'s~*~[~ o~ Aaucation (hereinafter
(2) I may, however, request that the repayment ~eriod st~ on an earlier date.
(3) I p~mise to repay the O~dO~ ~d hterest over the course of the repayment period in e
~9~erl~ m?~flments, as de.trained by the Lending Institution However if I ~flue'~* .......... qu~mont~l~, bimonthly or
s~auments aete~ined in aeeord~ee with sehed~es anntovod ~ *ha qo~*~ ~- ~t~_vPa~IaCULI ma ce mane m ~adusted in-
attached to and made pm of this note. ... - -. ............ ., P Y t ~aH be
(4) Not~thst~d~g o~a~nph ltl (1). If ~ qualify as n low-~eo~e individual du~ng the ~pn meat period, the ~end~ Instl-
t~tion may, at my tequest, extend the ~pnyment period for u~ to an addition~ 10 yea~ or n~ust any eeoayment schedule to
re~eet my income, orboth.
5) (A) I shaU ~Ony the pdneip~ and ~te~st on this Io~ at the rate of $30 er month (which ~eludes both p~neip~ and
nterest) even though the monthly rate ~hnt would be established *ander O~n~rnp~ III (1) is less th
monthly ~arment ~e of O~neipal ~d interest on aU my National Direct and Nntion~ ~-" .... [~ tha~ a~o~t, if t~e ~otal
(5) (B) ' ' If I have received Nation~ Defense or National Direct Lo~s from othe~ institutions an~ the tot~ monthly repayment
rate on those Io~B is less than $30~ the $30 monthly rnte ~staSlished ~der subp~a~aph III (5) (A) ~ the rate I pay on ~ my out*
st~dhg National Defense and Natton~ D~ect Lons and is not in addition to the amo~t I pay on those other Io~s.
(5) (C) · If my monthly repayment rate is established under subp~ograph III 5 A '
· . -~ ......... een ~4u asp the month) rates I m~t n <- ~ n my ~ ~.*l~--. ~_. ..... j~ ~{,u u~ wm~ rep~-
(6) A sched~e of repayment ~H be attached to ~d made O~t of this note.
(7) The Lend~g I~titution may permit me to Oay le~ than the rate of $30 per month for a e~od
where nece~y to avoid hardhsi to me unless t ' · · p ' of not more than one year
~ hat actmn would extend the repayment ~er~od m P~agraoh III (~).
IV. PREPAYMENT
time.(1) I may at'my option and without penalty prepay all or any l~art of the principal, plus the accrued interest thereon, at any
not(2) be AmountSeonsideredl arepayprepayment, in the academic year in which the loan wa~ made will be used to reduce the amount of the loan and will
(3)an advancelf I repaYpaymentmOreof tltanthe nextthe amoUntregular installment.due for any installment, the excess will be used to prepay principal unless I designate It as
EXHIBIT "A"
v. DEFAULT
Date~ · - --
(S tree~; or ~ox Number, City, State, and '~ip Code)
Social Security Number ~~ --~ ~ ~
I further underst~d and agree that:
L GENERAL
1) , All ~ms ad~eed under this note ~e drawn from a fund created ~der P~ E of Title IV of th~ H~her Education
~965 hereinafter cdle~ the Act, a~d ~e su~ieet to the Act and the ~eder~l Re ~ati A~ of
note must be interpreted in · . g . oas issued under the Act. Th~ terms of th~
stitution, accordance w~th the Act and Federal Regulations, eo~ms of which ~e to b~ keot b~ the Lend~g
(2) I unde~t~d that if I am eligible for deferment or cancellation ~mder Articles VI through IX, I am resoonsible for sub-
mitt~g the aoo~pHate requests on'time.
II. INTEREST
Interest shall accrue from the heg~ning of the ~payment oeriod ~d sh~ be at the ANNUAL ~ERCENTAGE RATE OF
interest on the unoaid hal~ce except that no interest sh~l a · ,
(A), (B). (C) and (D). cema du~ng ~uy defe~ent ps.od des~bed in subp~a~aphs Vl (1)
IIL REPA~ENT
1) Except ~ ~ovided in P~aph Ill (5) I ~omt~ to repa~ the ~neioal ~d th~ i~te~st which aeeme~ on it o~r
eginn~g 6 months a~r the da~ I cease to ~e at least a
O~l~.in~titution outside thz United =*~* ........ )~lg~ime student at an ~titution of hi~= ~d.~*i~ -- --
y). and en~xng, unless ~a r ~ ~ t t.~x ~_ ~. ~ ~ ~ th~ Unfed Sta~s See~t~ of Eduction he.tn
. p g a~h..II x~. ~ ~I (1) (defe~ent) a~olle~, 10 F~s latar. (
(2) I may, however, request that the reoayment oe~od st~ on an eaeHer date.
(a) I P~mise to repay the p~p~ ~d ~tetest over the eou~ of ti
qua~erly rust.meats, as de.tm' . . · . ~e repayment ~od in
staHments datelined in ~o~--~ mad b~.the ~e~ding Institution. However if I request ......... equ~monthly, bimonthly or
attae~a +~ --~ ~-~ --- .--~o~ce wttn schedules approved by the Sec~eta~ ~ . *-~v~m~n~s ma ~e msds In ~duated
..... n..u mane p~ pi ties note. ~. In either ~a~, a s~he~e of repayment ~aH be
(4) Not~thst~d~ p~a~nph III (1), if I qualify as a low-income lfldJ~dunl du~ff the ~pa meat Defied the Lend~
ration mm~, at my request, extend the repayment period for u~ to nt~ additlon~ 10 yem~ or m~unt an re *
reflect my Income, orboth. Y PaFment schedule to
(5) (A) I ~mfl ~pay the p~ncip~ and ~te~st on this Io~ at the rate of Sa0 ~ month (which includes both p~nci
interest) even though the month[~ rate that would be estahli~ed nnder
monthly repayment rate of ~nci . · p~agrmO~ II! (l ble P and
lea th~ ~30 per month ~ p~ ~d inter0st on aH my National ~frect and Natinn~)Def.~%~_~ha~ n~o~t, if t~e total
· . ~,*~ ~ons, In~uomg this in~, is
~e(~ thJ~ell~:~e~V~a~ation~ Defenn or National D~e~t Leas from other institutions a
st~dmg National Defense ~d %~ ~e~ ra~ ~stab~he~ ~er subp~agrsph III t5~ t~ ~~onthly repayment
' - ......... is not in sedition to the amo~t I ~ ~ ~,,os~-~oP~Y~ ~ ~Y
(5) (C) If my monthly repayment rate is estab~shed
rro~ ~the~nding institutions the amount of m-* mo~~ar ~bo~agr~Dh I!I (~ (A)~d I have Teeeived ~ata~--* ~
seats ~ne altterence between ~3~ ~-~ +~ ...... , ~ _ _Lflsy repayment rate att~utable ~ t~. t~-_ ~_ .~ *~,~ ~e~
~ . on m. ....... -~*~nm ~exense ago National D~et Lo~s.
(6) A sched~e of repayment ~11 be attached t0 ~d made p~t of t~is note.
(7) The Lend~g l~titution may permit me to pay leu than the rate of
where neee~y to avoid hardhsi t 830 per month for a period of
p o me unle~ that action would extend the re~ v .~, _.~_~ ~ not more th~ one Fear
IV. PREPAYMENT
(1) I m~y at my option ~d without oen~ty pre0ay ~ or any o~t of the p~cip~, olus the aec~ed ~te~st the~on, at any
time. .
(2) AmounSs' I reo~y ~ the academic ye~ in which the in~ w~ made w~l be ~ed to reduce the ~mo~t of the 1o~ and
not be considered a prepayment.
(3) If I repay more than the amount due for ~y installment, the excess will be u~d to prepa~ P~ci9~ unle~ I de.gnats It
~ advice payment of the next reg~ instalment.
V. DEFAULT
(1) If I fail to make a scheduled repayment of any installment or I fail to file cancellation or dele
lng Institution on tim% the entire un aid indebtedn · · · rment
charges, will at the o . . . ess including interest due and ac forms with the Lend-
, ptlon of the Len~'u~g Institution, become immediately due and pa~rau~de.thers°n' plus any applicable penalty
(2 ! understand that ii I default on my loan repayments the Lendin~ Institution may disclose that I. have defaulted, along with
ot~er relevant information, to credit bureau organizations.
3) Further, I understand that if I default on my loan repayments and the loan is sent to the Secretary for collection, the
ecr.etary may disclose that ! have defaulted, along with other relevant in formation, to credit btrreau organizations.
VI. DEFERMENT
(1) Interest will not' accrue, and installments need not be paid - -
hA) While I am enrolled and in attendance as at least a half-time student at an institution of higher education at compare.
le institution outside the United States approved for this purpose by tl~e Secretary, or a
(B) For a period not in excess of 3 years during which I am . -
) on full-time active duty ~s a member of the Armed
past Guard · . , Forces of the United States A
· ),.or an officer on full-time active duty in the Commi=o' .~ r. o _ ( i'my. Navy Air Force ~.~.4_
(ii) in service as a V ' .......~one~ ~orps pi the U. S. Public tle*alth Servic~~'e ~orps, or
olunteer under the Peace Corps Act,
(iii) a volunteer under the Domestic Volunteer Service Act of 1973,
(iv) a full-time volunteer in a tax-exempt organization Performing service comparable to the service performed in the Peace
Corps or under the Domestic Volunteer Service Act o£ 1973 (ACTION 3~ency programs), or
I V)am temporarily totally disabled as established by an affidavit of a qualificd physician, or unable to secure employment because
providing care required by my spouse who is so disabled,
(C) For · period not in excess of two years during which time I am serving in 0n internship which is requtred in order that I
may receive profess/peal recognition required to begin my profeusional practice or service, and
D) '
~11 xn suDparag]mpl~ vl (1) (A), (B) or (C) expire.
(2) The Lending Institution may, upon my application, defer'or reduce any scheduled repayments fi, in its opinion, extraor-
dinary circu~nstances such as prolonged illness or unemployment, prevent me from making such repayments. However, interest
will continue to accrue.
VII. CANCELLATION FOR TEACHING.
(1) I ~m entitled to have uP to 100 Percent of the amount of this ]sen phm the interest thereon cancelled ff I undertoke sendce.
h.st been defdgnated by the Se~ctery in eceordance with the ,~'~,visions of ~e-+~-- ]a~ ,-~ ,"~ ........ L~ 0_f. 196~ and which
SenSei with ahigh enrollment of students from low-income fan~i%e, or ....... ,,~ ,-; ~; os ,ne rialtos --aueauon ACt st a
oi~r sPe~coendd~.yfl~e~o~stb;mr, f~on thereof reqnise ,Dee/al educetlon and .lated
(2) This loan will be cancelled at the following rates:
(A) . 15 percent of the total principal amount of the loon plus interest on the unpMd balance will be cancelled for the fi~t sad
· seep. nd complete academic years of that teaching service;
(B) 20 p~eent of the total principal amount plus interest on the unpaid balance for the ti/led and fourth complete academia
yea of that teaching sez"~lee; and
C) .30 percent of the total I~tncipal amount plus interest on the unpaid balance for the fifth complete academia year of that
eachinf service.
VIII. HEAD START CANCELLATION
(1) I ant entitled to have up to 100 percent of the amount of this loan plus the interest thereon cancelled if I undertake usrvtce
us a full-time staff member in a Head Start Program if --
(A) that Head Start Program is ol~ereted for i period which is comparable to' a full school year in the locality, and
(B) my misty is not more than the salary of a eomparabb emplpyee of the local edueatiunal
t2)~ loan will. be Cancelled at the rets of 15 percent o.f the tot~ i~dncip~! amount plus the
or emu eomplbt~ school yen or the equivalent of serviee in · r~ead Star~ pro,ran, interest on the unimid balance
(3) Head Start is a Preschool proem carried out under seetinn 222 (e) (x)'of the Ecouomie Opportunity Act of 1964.
IY~ MILITARY CANCELLATION
(a~) .I mn .en.tltle.d to have up to 50 percent of the principal amount of this loan p~lm..t..he ~terest t.h.ereon cancelled if I Serve u
meaner or me Azrned Forces of the Un,ted States in an area of hostilities that qumes for .speel&t pay under section 310 of
titl0 37 of the United State· Code.
(2) This loan will be cancelled at the '
each complete year of such service, rate of 12~ ~ereent of the total principal amount plus interest on the unpaid buhnce for
X. DEATH AND DISABILITY CANCELLATION
Ifcelled.l should die or become' 'pekin .mentl~ and totally disabled, the entre amount of thio lo0n plus the interest thereon shall be cea-
XI. CHANGE IN NAME, ADDRESS, AND SOCIAL SEcuRITy NUMBER
I mu responsible for informing the Lending Institution of any change or changes in my name, address, or social Seeurify number.
XIL PENALTY CHARGE
li~ un~e~I fA~i~stmva~l th~ F~:~ue~la~lftoalls~[m~tYt~tm~l~r~deul~e~du~:~!. ? itl ? e. lt~ibis .for d. efa~neut or .caucelin.
me by the Lending Institution. '-- ........... ' ~ protozoa r~2 pay cna coarge nsemna against
(2) No charfe may exceed. -
(A) where the loan is repayable in monthly installments, $1 for the first month or part of · month by which the installment
or evidence is late, and $2 for each month or part of a month therqafter, or
(B~ where the loan is repayable in bimonthly o.r quarterly installments, $3 and $6, respectively, for each .installment interval or
part ~hereof by whi .c~ the instMlment or evidence ~s late. ·
~3e)fore If the Landaus Institution elect· to add the anessed charge to the outstandini principal of the loan, it must on inform me
the due date of the next installment.
XIIL ASSIGNMENT
This .note may be assigned by the Lending Institution only --
(1) to another institution upon my transfer to that institution if that institution is participating in this profxam (or, ff not on
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 i~o~leion· of this note that relate to the Landing
nstitutinn shall, where appropriate, relate to an arMZnee. .
XIV. PRIOR LOANS
I hereby certify that I have listed below all of the National Direct ~tud, ent Lo,.m~s (or l~etional Defense Student Loan·) I have
tained at other institutions. (If no prior loans have been received, state None.' )
Schedule of National Direct Student Loans 'and National Defense Student Loans at other institutions
Amount Date Institution
tna~ rlea~ ~tart progrMn is operated fo]: a pe~od w~ich is comp~sb]e t~ a ~ school ~e~ ~ the leeway, ~d
(B) my ~y is not more th~ the s~ of a
~ employee of the loc~ eduettion~
T~ 1~ ~ be C~e~ed at the ~te of ~5 _
e~ ~ompl~te sch~l ye~ or the equlv~ent ~ - ~r~t of the ~ot~ p~etp~ amount pl~ the ~te~st
(3) Head St~ ~ a ~eschool P~m e~ed out ~d~ ~etton 222 (m) (l) of the E~nomie Oppo~ty A~ of X964.
I~ MILITARy C~CELLATION
(Z) ~ m ~ntltled ~ have up ~ ~ per~nt of the p~p~ ~ount of t~ 1o~ pl~ the ~te~ the~on
~..~e~ ~f ~ ~ For~s of ~e U~ted Stat~ ~ ~ ~m of hog.ties that queries for ~e~
~e 4~ el ~e u~t~ States Code. ~ ~ay ~u~ ~Jon 310 of
(2) T~I 1o~ ~ be c~ed at the rate of *
em~ ~mplete ye~ of lu~ ~. Z2~ ~rce~ of the tot~ ~eip~ mo~t pl~ ~tere~ on ~e
~ DEATH ~D D~ABIL~ C~CELLATION
If I ~o~d die or become P~tl7 ~d ~t~7 d~bkd, the en~ mo~t of th~ lorn plus the ~K ~e~
~- CH~GE ~ ~E, ADDRESS, ~D SOC~L SEC~
~L PENALTY CH~GE
me b~ the Lend~g l~tution. ' ~ .~om~ me a~pna~e nque~ on t~- z -~ mo zoz ~eze~t
(A) where the 1o~ ~ ~pa~ab~ ~ monthl
or ~en~ ~ ~te, ~d ~2 for each m .... ~ ~men~ ~Z for ~e f~t mon~
' ~ .......... el a mont~ thereafter, or or p~ of a mon~ by w~ ~e h~t
(B) whe~ ~e lo~ b ~payabb ~ b~ontM o . '
P~ ~ereof by whi~ the ~ment or e~den~e ~t~erlr ~ents, $3 ~d $6, res~e~]y, f~ amah h~ent ht~d or
(3) ~ the Lendhf ~tu~on elects ~ add the ~md chafe to the out~d~( ~netpd of the lea, it m~ m hf~ me
b~o~ the due date of the next ~ment.
~ ASSIGNMENT.
~ ~ote may be ~ed by the Lendhf ~ff~t~n o~y -.
(~) to ~o~er hsff~on up~ my tr~sfer ~ that h~tut~n if ~mt ~tutJon b P~pathf h thb ~ (~, ~ not
D~Pm~L ~ e~ble to do M ~d h aPPMved by the Se~t~ for ~at pu~o~), or
XIV. PRIOR LOANS
I hereby ee_rttfy that I have listed below all of the Nation
tMned at other institutions. If no al Dh~e. et Student Loans or National Defense Student Lo,ns) I have ob-
( p~ior loans have been reeeivea, ~tate "None.") (
Sehedule of Netional Dfre~t 8~tud, ant Loans'and National Defense Student Loans at other institutions
Amo~t
Dute
Institution
ment may be required. The Le-~-- · ....... n?m..g zn~u.~U~lon 1~ loea~eo, ~ase s h~a~.. -L~,-I_~o~n. a minor and thio note we
· -~s ma~u~zon mall supply a copy of this note to ~---~u ,~uzm~zon~ either semtvit~ or endo~se~d
· Sfanature of endorser
Date
Permanent Address
Social Seeuflty Number
(Street o~ Box N~
Exhibit B
DICKINSON COLLEGE
CARLISLE, PENNSYLVANIA .17013
PROMISSORY NOTE- PREVIOUS BORROWER
PERKINS LOAN PROGRAM (formerly National Direct Student Loan)
l, Daniel E. Burns
promise to pay to
Dickinson College (hercifl alter called the Lending Inslilulion) located al Carlisle, Pennsylvania the sum of the amounts that are advanced to
me and endorsed in the Schedule of Advances se~ forth below. I promi~ to Day all attorneY's I'ees and other reasonable collection costs and
charges necessary for the col!ection of any amount not paid when due. I further understand and agree that:
I.
(1) Amflicable [..aw. All sum~ advanced under this note are drawn from s fund created under Part E of Title IV' of'the Higher Education Act of 1~55, as
amended, hereinafter called the Act, and are subject to the Act and the Federal Regulations issued under the Act. The terms of this note shall be inter.
prated Jn accordance with the Act and Federal Regulations, copies OF which are to be kept by the Lending Institution.
(2) Procodurm for Rcce~nf Deferment oi' C,.ancellation, I understand that in order to receive a deferment or cancellation, I must request the deferment or
cancellation Jr writing from the [,ending institution, and must submit to the Lending Institution an/, documentation required by the Lending Institution to
prove that I qnali~/for the deferment or cancellation. I further understand that if I am eligible for deferment or cancellation under Articles VT through X, I
am responsible for submitting the appropriate requests on time. I further uoderstand that I may line ray deferment and cancellation benefits if I hil to file
m~ Fequest on time.
IL ~
Interest shsll accrue from the beginning of the repayment period and shall be at thc ANNUAL PERCENTAGE RATE OF FFVE PERCENT (5%) on
the unpaid balance, except that no interest shall acerue during any deferment period described in paragraph VT(l).
III. REPAYMENT
(1) I promise to repay the principal and the interest which accrues on it to the Lending Institution over a period beginning 6 months after the date I cease to
be at least a half-time student at an institution of higher education, or at a comparable institution outside the United States approved for this purf~c,e by the
United States Secretary of'Education (hereinafter called the Secretary), and ending, unless paragraphs III(4), IIX(5), 11I(7), or VI(l) applies, 10 years later.
(2) Upon mywrltten request, the repayment period may start on a date earlier than the one indicated in paragraph HI(l).
(3)(A) I promise to repay the principal and interest over the course of the repayment period in equal monthly, bimonthly or quarterly installments as deter.
mined by the Lending Institution. I understand that if my monthly payment for all the loans made to me by the Lending Institution is not a multiple of $5,
the Lending Institution may round that payment to the next highest dollar amount that is a multiple of
(B) Notwithstanding paragraph III(3)(A), upon my written rcquost, repayment may be made in graduated installments in accordance with a schedule ap.
proved by the Secretary.
(C) The Lending Institution shall attach the schedule of rep~/ments and the schedule will become part of the note.
(4) Notwithstanding parawaph IH(l), if I qualify as a Iow-income individual during the repayment period, the Lending Xnstitution may, upon my written re.
quest, extend the repayr~¢nt period for up to an additional 10 years, or adjust any repayment schedule to reflect my income, or both.
($)(A) If the monthly rate that ~uld be established under paragraph III(1), or the total monthly repayment rate of principal and interest on all my Dire. et,
Defense and Perkins loans including this loan, is less than $20 per month, X shall repay the principal and interest on this loan at the rate of ~ per month
(which includes both principal and interest).
($)(B) If I have received Dire~t~ Defense and Perkins Loans from other institutions and the total monthly repayment rate on those loans is less than $30, the
~ monthly rate established under subparagraph III($)(A) i~ the rate I pay on all my outstanding Direct, Defense and Perkins Loans and is not in addition
to the amount I pay on th~f~ other loans. The amount of my monthly repayment rate attributable to this loan is the amount which represents the difference
between ~ and the monthly rates I must pay on my other Direct, Defensu and Perkins Loans.
(6) The Lending Institution may permit me to pay less than the rate of $"J0 per month for a period of not more than one year where necessat~ to avoid
hardship to me unless that action would extend the repayment period in paragraph Ili(1).
(T~ The Lending Institution may, upon my written request, reduce any scheduled repayments or extend the repayment period indicated in paragraph III(1),
if, in its opinion, extraordinary circumstances such as prolonged illness or unemployment, prevent me from making the scheduled repayments. Hov~-ver, in-
terest shall continue to a~crue.
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 amount of the loan and will not be considered a prepayment.
(3) If I repay more than the amount due for any installment, the excess will be used to prepay principal unless I designate it as an advance payment of the
next regular installment.
V. DEFAULT
(1) The Lending Institution may, at its option, declare my loan to be in default and may demand immediate payment of the entire unpaid balance of the
loan, including principal, interest and late charges if-
(A) I do not make a scheduled payment when it is due, and
(B) I do not submit to the Lending Institution on or before the date on which payment is due, documentation that ~ qualify for a deferment or cancellation
described in Articles VI, VII, VIII, IX, and X of this agreement.
(2) I understand that if I default on my loan repayments, the Lending Institution may disclose that I have defaulted, along with other relevant information, to
credit bureau organizations.
(3) Further, I understand that if I default on my loan repayment and the loan is sent to the Secretary for collection, the Secretary may disclose that I have
defaulted, along with other relevant information, to credit bureau organizations. ·
(4) I understand that if the Lending Institution accelerates the loan under paragraph V(1), l'will lose my cancellation and deferment benefits for service per-
formed after the date the Lending Institution accelerated the loan.
(5) I understand that failure to pay this obligation under the terms agreed upon will prevent my obtaining additional student financial aid authorized under
Title IV of the Higher Education Act of 1965, as amended, until I have made arrangements which are satisfactory to the Lending Institution or the Secretary
regarding the repayment of the loan.
VI. DEFERMENT
(1) Interest will not accrve, and installments of principal need not be paid -
(A) While I am enrolled and in attendance as at least a half. time student at an institution of higher education or at a comparable institution outside the
United States approved ['or this purlx~e by the Secretary.
(B) For a period of three (3) years during which I am -
(i) On full.time actk~ duty as a member of the Armed Forces of the United States (Army, Navy, Air Farce, Marine Corps, or Coast Guard) or an officer
on full-time active duty in the Commissioned Corps of the U.S. Public Health Service, (ii) In service as a volunteer under the Peace Corps Act,
(iii) A volunteer under the Domestic Volunteer Service Act of 1973 (ACTION programs),
(iv)I .at full-time volunteer in-a tax-exempt organization performin_~ service e~,:.~.-,e.,-zb~. +.~_. ,..t:... ~x.~'f,o,-m:~l'in the Peace Corpe or under the Domes.
ti= %':l~nt,:~r 3,:ridc'~ Act ut 1973.'or ' "-'
(v) Temporarily totally disabled as established by an affidavit of a qualified physician, or unable to secure employmcht because I am providing care re
quired by my spouse who is so disabled, .
(C) For a period not in excess of two (2))'cars after I recelv~ a baccalaureate or professional degree 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; and
r;~'~,, uy ,lC ~ccre~ary. ~ ....,~ur~, rtpay-,,-,,, ,lay ue n~ade- in graduated installments in accordance with a schedule ap-
(C~ The Ltcnding Institution shall attach the schedule of re
(4) Notw/thstandin& para,,-.~h IIIt'l~ i ...... payments and the schedule w~ll be~
u r,--¥ . x /, · ~ quality as a low-incom - . . · ~ome part of the note.
q est, extend the repayment pencxl for un to an additi~--, -,, · .,ndnndu&l dunng the rePaYnte
r v,,,a~ ~u Yeai~. ~. ~.~;,, any re~n,n,., ._~ "~ perloo, tile L.Cnolflg InStitution may, Upon
($XA) If the monthly rate that would be . o..~.~.st ., r-~ ........ ned ......... my written re.
O&fense and Perkins Loans including this ' -,= co reflect my income, or t~otlt.
(which includes both principal and interest),established under paragraph/II(l), 0t the total monthly repayment rate of principal and interest on all my Direct,
loan, is less than $30 per monlh, I ~hall repay the pnne~pal and Interest on thts loan at the rate of $30 per month
(S)(B) If I have received Direi:t, Defense and Perkins Loans .
.$:30.monthly rate established under subparam.,,,h ll[($~,,,, from Other restitutions and the total mont--
to the amount I pay on those other ioa~ ?'~--'~ x. ?,~) ;s the tale I pay on all my' outstandin= n;'~n.? ~ent rate on tho~e loans is less than $30 th
..-. saC amount ot -- e, ~,,r.c~ . . . , ·
between ~30 and the monthh, rates I ........... ~ monthly reoavment rate attributable ., Detent. and Perkins Loans and is not in additio
· ., ,,,a~ pay on Otller uire '' to this Ina ' . n
(6) .Tl~.e Lending: Institution m ....... my. . et, Defense and Perkins Loans. ~t m the amount which represents the difference
~1. ~aa~;l· me ~o less than t .
hardship to me unless that action wou ,~ .... ., .,._l~r___ . h.e rate of gk30 pet month for a nod of not ....
I ...... u ,,~ ~payment period in paragnaph III(l). pe more th=a one year where necessary to avoid
(7) The Lending Institution may, upon my written re uest. .
if, in its opinion, extraordinary circumstances such as ~. u e ,_ ._ _re_ .du. .? any scheduled repayments or extend the
retest shall continue to accrue. ~,ruuan~u umess or unemployment, revest m ._..r~nnent period indicated in paragraph III(1),
P · from making the scheduled repayments. However, in.
(1) I may, at myoption and without penalty, nte~--ap ...... ?'~. PREPAYMENT
(2) Amounts I repay in the academic ~a -;',~ .~s,~.r~,.'.' ~'__~"_Y_ part o~ the principal, plus the accrued interest th . ·
: ~r .., _,,,., ,,~ uaan was mane · I ~,....-., .- ~.,..__ .,_ ereon, at a time.
(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
W~l. ~ ,a~u ua muucc me amount of the loan and ~'11 not be considered a prepayment.
next regular installment.
~1) The Lending Institution may, at its option, declare V. DEFAULT
'nan, including principal, interest and late charges if. my loan to be in default and may demand immediate payment of the entire unpaid balance of the
(A) ! do not make a scheduled payment when it is due, and
(B) I do not submit to the Lending Institution on or before the date on which payment is due, documentation that i qualify for a deferment or cancellation
Inscribed in Artlelca VI, ~rI~, VIII, IX, and X of this a~eement.
2) I understand that if I default on my loan repayments, the Lending Institution may disclose that I have defaulted, along with other relevant information, to
redlt bureau organizations.
3) Further, I understand that if I default on my loan repayment and the loan is sent to the Secrerary for collection, the Secretary may disclose that ! have
~lfa,u!!e_d., alo. ng.wi].th.o.t.he_t ~levent information, to credit bureau o ' · .
~ · uneeratsne tidal if the Lending Institution aecelerst-- -.- ,-- rgan .r.r~tlons.
~?ed after the date ...... uan unoer paragraph ¥(1), I'will loan my cancellation and deferment benefits for service per-
the Lending Institution accelerated the loan.
! understand that failure to pay this obligation under the terms agreed upon will prevent my obtaining additional student financial aid authorized under
itle/'v' of the I-Iigher Education Act of '
:garding the repayment of the loan. 1965, as amended, until I have made atrangaments which a re satisfactory, to the Lending Institution or the Secretary.
) Interest will not accrue, and installments of principal need not be~idD.EFERMENT
~A} While I am enrolled and in attendance as at least a
~.ted_$tates approved for this purpose by the Secretary half-time student at an institution of higher education or at a comparable institution outside the
t~9 For a pet~od of three (3) years during which I a~'~.'
(i) On full.time active duty as a member of the Armed Forces of the United States (Army, Navy, Air
full-time active duty in the Commissioned Corps of the U.S. Public Health Service, Force, Marine Corps, or Coast Guard) or an officer
(ii) In service as a volunteer under the Peace Cotl~ Act, '
(ii.;) A volunteer under the Domnstio Volunteer Service Act of 1973 (ACFION programs), . '
(iv) A full-time volunteer in a tax-exempt organization performlne serv~-, eo_~ya~., to t~.'. ::.:-.,~:.; P~-~,~o,-m~6'in ~.he Peace Corps or under the Domes.
(v) Temporarily totally disabled as established by an affidavit of a qualified physicinn~ or unable to secure employment because I am providing care re.
red by my' spouse who is so disabled,
--") For a period not in excess o~ two 2 ts ·
equired in order t + t .......... (~) Y~. .after I recewe a b.acealaureate or rofeasional de
ha.. '""r ,~ccwe ro[e~elOnal a,~lt;,~ ..... :__.,. . · P - gree dutin whic e
P recoe. ......... ,,,~u m ne n . . g . h tim_ I am serving in an internship Which
)) During a six (6) month period following the expiration of my deferment in
· ! g, my prot-easional practice or satnnce; and
The Lending Institution may, upon my written re uest de paragraph VI(1)(A) through VI(1)(C').
hardship for me Inte~-. ,- .... q , fer my scheduled repayments if it determines that the deferment is necessary to avoid a finan-
· .,..a~, n ~u~e~-ver, Will continue to accrue..
I am entitled to have up to 1 VII. CANCELLATION FO ·
00 oercent of the amoun kan ~ ......... R. 'I'E. ACHIN(3
A) As a full-time teacher for a -complete academic year in a publi~ or ................... :- - ~:r..-¢;~ake sa:',-L:.-. .
d educational agency which is elil0ble in such year of service for funds under Chapter ! of the Education Consolidation and Improvement Act of 1981, as
other nonprofit elementary ot secondaw school ~,hich is in the school district of a
:nded, and which has been designated by the Secretary (after consultation with each State Department of ,Education) in accordance with the Provisions of
ion 465(a)(2) of the Act as a school with a high concentration of students from low-income families. An official Directory of designated Io~-income
~o~ is published annually by the Secretary. , .
B) Aa a full-time teacher of handicapped children (including mentally retarded, ha~ of hearing,, deaf, speech and language impaired, visually hand.
ped, seriously emotionally disturbed, otthopedical:v impaired, children with specific learning disabilities, or other health-impaired
eof require special education and related services) ~n a public or other nonprofit elementary or secondary school aTstem.
This.loan will be cancelled at the following rates: children, wire by reason
~) 15 percent of the total principal amount of the loan plus interest on the unpaid balan:e will be cancelIed for the first and second complete academic
s of that teaching service,
:) 20 percent of the total principal amount plus interest on the unpaid balance for thc third and fora-th ~omplete academic yeats of that teaching set,ce,
, 3~ petcentof the total p.rincipa.I amount plus interest on the unpaid balance for the ~qrt~ complete academic ~.at of that teaching service. '
VIII. HEAD START CANC~-L~ATION
(1) I am entitled to have up to 100 percent of the amount of this loan plus the interest thereon cancelled it' I undertake sen/ca as a full-time staff member in
a Head Start program if- '
(A) That Head Start program is operated for a period which is comparable to a full school year in the locality, and
(~) My salary is not more than the salary of a comparable employee of thc local educational agency.
(2) This loan will be cancelled at the rate of 1~ pereent of'the total principal amount plus late'rest on the unpaid balanca for each complete school yearor the
equivalent of service in a Head Start program.
(3) Head Start is a preschool program carded out under the Head Start Act. (Subchapter B, Chapter 8 of Title VI of Pub. L. 97-35, the Budget geconcilia.~
tion Act of 1981; formerly authorized under section 222(a)(1) of thc Economic Opportunity Act of 1964).
IX. MILITARY CANCELLATION
(1) I am entitled to hav~ up to S0 percent of the principal amount of this loan plus the interest thereon cancelled if I serv~ as a member of the Armed Forces
of the United States in an area of hostilities that qualifies for special pay under section 310 of Title 37 of the United States Code.'
(2) This loan will be cancelled at the rate of 12-1/2 percent of the total principal amount plus interest on the unpaid balanca for each complete year of such
X= DEATH AND DISABILITY CAN~TION
(1) In the event of my death, the total amount owed on this loan will be cancalled.
(2) If I become totally and permanently disabled after I recaiv~ this loan, the Lending Institution will cancal the total amount of this loan.
XL CHANGE IN' NAME, ADDRESS, TELEPHONE NUMBER AND SOCLe~L SECURITY NUMBER
! am responsible, and any endorser is responsible, for informing the Lending Institution of any change or changes in name, address, telephone number or so-
cial security number.
XII. LATE CI-LARGE
(1) The Lending Institution may impose a late charge if -
(A) ! do not make a scheduled payment when it is due, and
(B) I do not submit to the Lending Iastitution on or before the date on which l~/meat is due, documentation that X qualify for a deferment or cancallation
described in Articles 'vi, VII, ~ IX, and X of this agreement. .
(2) No charge may excaed twenty (20) pereent of my monthly, bimonthly or quarterly payment.
(3)(A) The Lending Institution may -
(i) Add the late charge to the principal the day. after the scheduled repayment was due, or
(ii) Include it with the next scheduled repayme~t after I have recaived notie~ of the late eha~,e.
(B) If the Lending Xnstituflon elects to add the assessed charge to the outstanding principal of the loan, it must so inform me before the due date of the
next installment.
XIH. ASSIONMENT
(1) This note may be assigned by the Lending Institution only to. (A) The United States~
(B) Anotber institution upon my transfer to that institution if that institution is participating in this program; or ·
(C') Another institution approved by the Secretazy.
(2) The prov~ons of this not~ that relate to the Lending Institution shall, where appropriate, relate to an assignee.
X1V. PRIOR. LOANS
! hereby cartify that ! hav~ listed below all of the Perkins Loans (National Direct Student Loans and National Defense Student Loans) I hav~ obtained at
other institutions. (If no prior loans hav~ been received, state 'None.")
SCHEDULE OF' PERKINS LOA/~'S (NATIONAL DIRECT STUDENT LOANS AND NATIONAL DEFI~N~E ~IN3DENT LOANS) AT
~ INSTITW~ONS
AMOUNT DATE NAME OF INSTITUTION
XV. SCHEDULE OF ADVANCES
The following amounts w~re advanced to me under this loan agreement on the dates indicated:
AMOUNT DATE SIGNATURE OF BORROWER
,.$750.00 1/88
NOTICE TO BORROWI~,: DO NOT SION THIS NOTE BEFORE YOU READ rT. THE LF_.NDINO INSTITUTION MUST SUPPLY TO
YOU AND ANY/,ENDO~I~ A.~COP¥ ~r THIS NOTE. ('This note
is si~gned as
a sealed instrument.)
Permanent Addre.~ (Street or ~ Numbe, City, State, and Zip):2 ~" r ~- ~/ ~- Z ~% ~..3 ,~ ~_____~,~: CT_, Whn'r
~he borrower and Lending Institution shall execute this note without security and without endorsement unless the boi,~ver is a minor and this note would
not, under the law of the State in which the Lending Institution is located, create a binding obligation. If the bori~wer is a minor and this note would not,
therefore, be leRallv binding, the ]',enrlino'
~ - ..... r- ...... t'-, ,,,~ ,,-y ,~.cr mc SCheduled repayment was due, o~
(i~) Include it ~th the n~ ~hcduled ~pa~ea~ a~ter [ ha~ mccad notice o~ thc late cha~e'
~) ][ the ~ndin~ [nsfitution elcc~ to add thc a~e~ed cha~e to thc outstandin~ pdn~l o[ the I~n, it must ~ in[o~ mc before thc duc date o[ thc
n~ instaJlmcnt.
~II.' A~IG~E~
' (A) ~ U~ked
~) ~ther insti~ti~ u~n ~ tm~cr to t~t i~titution if that i~ti~tion ~ ~i~ting in th~ P~m; ~
(~ ~other institution a~ ~ the ~t~.
(2) ~g ~ons of th~ note that ~late to the ~nding l~titution shall, ~c~ a~te, ~iste to an ~
. ~. P~OR ~S
I hem~ m~ that I h~ I~t~ ~I~ all of the Pe~ ~ ~aflonal Direct Student ~ns and National Defe~ S~ent ~) I h~ ~min~ at
other i~t[tution~ Of no p6or ~ h~ been ~e~d, state 'None.')
S~~ OF P~S ~S ~A~ON~ DI~ ~D~ ~S ~ NA~ON~ D~ ~E~ ~ AT
~ ~~ONS
~O~
XV. SCHEDULE OF ADVANCES
The follo~ing amounts were advanced to me under this loan agreement on the dates indicated:
AMOUNT
DATE SIGNATURE OF BORROWER
$ 5o.oo /ss
j,/ / / ~ .~,~ ,o ,,~,~ L x nis note is signed as a sealed INEITrUTION MUST SUPPLY TO
instrument.)
5IGNA2XJRI~~~
Permanent Address (Struet or Boz Number, City, 3tste, and Zip) ~--~_. Z ~ ...... ,.~/4//' .~, ~-. ::' . --'
2'ne bo~,v~r and/-ending Institution shall execute this note without security and without endorsement unle~ the borrower is a minor and this note would
, ~ i=gaa~ mnmng, me LenmnB mst:tution shall require a cosigner to this note: ~ ga on It' the borrcm~r is a minor and this note would not,
SIGNAT[J]~ OF COSIGN]~
' Date 19
P-'rmancnt Address (S~-.-t or ]~cx N'.:mb-.r, t~..)., _e~te. ==d Zip) --'-'----'
,'20 U.S.C. 1087dd)
Format by the National Association of Student l:inancial Aid Administrator~.
Exhibit C
NDSL Statement of Bo~rower"s Rights and Responsibilities
A National Direct Student Loan is a serious legal obligation. Therefore, it is ext~remely important that you understand your rights
and responsibilities. When you, the student borrower, sign this statement it means that you do understand your responsibilities, and
you agree to honor them.
1. I understand that I must, without exception, report any of the following changes to the Business Office, Dickinson College,
Carlisle, Pennsylvania 17013, phone (717) 245-1249.
(a) If I withdraw from school.
(b) If I transfer to another school.
(c) If I drop below half-time status.
(d) If I change my name (for example, because of marriage).
(e) If my address, or~ my parents' address changes.
2. I understand that when I graduate, or withdraw from Dickinson College, I must arrange for an exit interview by calling (717)
245-1249.
3. ][ understand that my first monthly payment will be due six months from the time I cease to be at least a half-time student.
4. I understand that my minimum monthly payment will be at least $30.00. It may be more if the amount borrowed is suffi.
eient to require larger monthly payments.
5. I understand that the ANNUAL PERCENTAGE RATE OF -~% will be th'~ FINANCE CHARGE based on the unpaid
balance and that it will begin to accrue six months after I cease to be enrolled as at least a half. time student.
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 be paid:
(a) While I am enrolled and in attendance as at least a half-time student at an institution of higher education or at a com-
parable institution outside the United States approved for this purpose by the Secretary or
(b) for a period not in excess of 3 years during which time I am
(i) on full time active duty as a member of the Armed Forces of the United States (Army, Navy, Air Force, Marine
Corps, or Coast Guard) or an officer on full-time active duty in the Commissioned Corps of the U.S. Public
Health Service
(ii) in service as a Volunteer under the Peace Corps Act
(iii) a Vista volunteer under Title I Part A of the domestic Volunteer Service Act
(iv) a full-time volunteer in a tax-exempt organization performing service comparable to the service performed by
Peace Corps or ACk'ION agency volunteers
(v) temporarily totally disabled as established by an affidavit of a qualified physician or unable to secure employ.
ment because I am providing care required by my spouse who is so disabled.
(c) for a period not in excess of two years during which time I am serving in an internship which is required in order that
I may receive professional recognition required to begin my professional practice or service
(d) The Lending Institution may, upon my application, defer or reduce any scheduled repayments if, in its opinion, extra.
ordinary circumstances, such as prolonged illness or unemployment, prevent me from making such repayments. How-
ever, interest will continue to accrue.
9. I understand that I am entitled to have up to the entire amount of this loan plus the interest thereon cancelled if I undertake
service
(a) as a fUll.time teacher in a public or other non-profit elementary or secondary school which is in a school district of a
local educational agency which is eligible for funds under Title I of the Elementary and Secondary Education Act of
1965 and 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 low-income families, or
(b) as a full-time teacher of handicapped children (including mentally retarded, hard of hearing, deaf, speech-impaired,
visually handicapped, seriously emotionally disturbed, orthopedicaily impaired, children with specific learning disa-
bilities or other health impaired children who by reason thereof require special education and related services) in public
or other nonprofit elementary or secondary school system.
This loan will be cancelled at the following rates: 15 percent of the total principal amount of the loan plus interest on the un-
paid balance will be cancelled for the first and second complete academic years of that teaching service; 20 percent of the
total principal amount plus interest on the unpaid balance for the third and fourth complete academic years of that teaching
service; and 30 percent of the total principal amount plus interest on the unpaid balance for the fifth complete academic
year of that teaching.
10. I understand that I am entitled to have the entire amount of this loan plus interest theron cancelled if I undertake service as
a full-time staff member of a Head Start program if:
(a) that Head Start program is operated for a period which is comparable to a full year in the locality, and
(b) my salary is not more than the salary of a comparable employee of the local educational agency. Cancellation will be
at the rate 15 percent of the total principal amount plus the interest on the unpaid balance for each complete school
year or the equivalent of service in a Head Start program. Head Start is a preschool program carried out under section
222(a)(1) of the Economic Opportunity Act of 1964.
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~A percent of the total principal amount plus interest on the unpaid
balance for each complete year of service.
(over)
EXHIBIT "C"
12. ! understand that if I should die or become perma~iently a~d 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 andPaYable immediately andlegal
action coUld'be taken against me. ' · .' -
14. I understand that I will promptly answer any communication from Dickinson College or Wachovia Services, Inc.'regarding:my
loan.
15.~ I understand I may Prepay at any time. I further understand that fUtUre interests Will bereduCed by making such paYments.
16. I understand that if I cannot make payments on time, I must contact the Business Office, 'Dickinson College, to make ar-
rangemehts. · ..
17. I authorize Dickinson College to contact any school which I may attend, to obtain information Concerning my studen,t.~tatus'
my year of study, my dates of attendance, graduation, or withdrawal, my transfer to anotiier 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'--r/~ing payments and]or requesting deferment from such payment when
and if appropriate. I further certify j have read and understand the fights'and responsibilities on this form and that I will adhere to
them. I certify the information supplied by me on this form is true and correct to the best of my knowiedge~
Date
.~.. _ Signature of Student
? r
Signature of Leriding;Institution 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 belief. To the extent that the content
of this Complaint is that of counsel, I have relied upon counsel in making this Verification.
This statement and Verification are made subject to the penalties of 18 Pa. C.S. § 4904 relating
to unswom falsification to authorities, which provides that ifI knowingly make false averments, I may
be subject to criminal penalties.
Dickinson College
Assistant Treasurer of Dickinson College
Dated:
F:kFI LES\DATA FI LEkDickinson Collcct. doc"~4-com I
F:\FILES~DATAFILE~,Dickinson College 7619~DickinsonCollegeCollections7619C~Documents\44.pral/any
Created: 3/18/03 4:33:11 PM ,
Revised: 3/19/03 11:26:37 AM
7619C.66
DICKINSON COLLEGE, :
Plaintiff :
V. '
DANIEL E. BURNS, :
Defendant :
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. O3-94O
CIVIL ACTION-LAW
JURY TRIAL OF TWELVE DEMANDED
PRAECIPE TO DOCUMENT SERVICE PURSUANT TO THE
PENNSYLVANIA LONG ARM STATUTE
I hereby certify that a copy of the Complaint was mailed to Daniel E. Bums on
March 4, 2003, by certified mail, restricted delivery, return receipt requested.
Attached is the Post Office return receipt signed and dated March 13, 2003.
Date: March 19, 2003
MARTSON DEARDOI~ %~V _I~LIAMS & OTTO
David R. Galloway,'E'Ssst
I.D. Number 87326
Ten East High Street
Carlisle, PA 17013-3093
(717) 243-3341
Attorneys for Plaintiff
· Complete item~ 1, 2, and 3. Also complete
Item 4 if Restricted Delivery is desired.
ao that we can
· Attach this card to
or on
1. Article Addressed to:
,... ...._..~ [] Agent
~:~ddressee
Is delivery addre&,~ different from item 17 Itl yes
If YES, enter delivery address below: [] No
I~"Certifled Mail
[] Registered
I-I Insured Mail
D Express Mail
[] Return Receipt for Merchandise
[] C.O.D.
4. Restricted Delivery? (Extra Fee)
PS Form 3811, August 2001
/Rs
Domestic Return Rec~pt
102595-02-M-1035
CERTIFICATE OF SERVICE
I, Christina N. Yost, an authorized agent for 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:
Mr. Daniel E. Bums
60 States Street
San Francisco, CA 94114
MARTSON DEARDORFF WILLIAMS & OTTO
Christina N. Yost
Ten East High Street
Carlisle, PA 17013
(717) 243-3341
Dated: March 19, 2003
DICKINSON COLLEGE,
Plaintiff
DANIEL E. BURNS,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 03-940
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 mount of $3,433.26 plus interest from January 31, 2003 in the amount of $84.10,
attorneys' fees in the amount of $514.99 for a total of $4,032.35, plus costs of suit and interest of
$.29 accruing per day from date of judgment for Defendant's failure to file an answer to the
Complaint.
I do hereby certify that a written notice of intention to file this Praecipe (in the form attached
hereto) was mailed to the Defendant at the address indicated thereon, on April 8, 2003, which date
was subsequent to the date default occurred and at least ten (10) days prior to the date of the
Praecipe.
Dated: November 17, 2003
MARTSON, DEARDORFF, WILLIAMS & OTTO
Ten East High Street
Carlisle, PA 17013 k,
(717) 243-3341
Attorneys for Plaintiff
DICKINSON COLLEGE,
Plaintiff
DANIEL E. BURNS,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 03-940
CIVIL ACTION-LAW
IUrRy TRIAL OF TWELVE DEMANDED
TO: DANIEL E. BURNS, DEFENDANT
NOTICE OF ENTRY OF DEFAULT JUDGMENT.
You are hereby notified that on __., 2003, the following Judgment was entered against
you in the above-captioned case: [I]n the amount of $3,433.26 plus interest from January 31, 2003
in the amount of$84.10, attorneys' fees in the amount of $514.99 for a total of $4,032.35, plus costs
of suit and interest of $.29 accruing per day from date of judgment
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:
Daniel E. Burns
60 States Street
San Francisco, CA 94114
DICKINSON COLLEGE,
Plaintiff
DANIEL E. BURNS,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 03-940
CIVIL ACTION-LAW
JURY TRIAL OF TWELVE DEMANDED
TO:
DANIEL E. BURNS
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
32 South Bedford Street
Carlisle, PA 17013
(717) 249-3166
MARTSONBy ~~.~~/&~DEARDORFF WI LIAMS & OTTO
David R. G~Jloway, Esquire u-
Ten East High Street
Carlisle, PA 17013
(717) 243-3341
Attorneys for Plaintiff Dickinson College
Dated: April 8, 2003
CERTIFICATE OF SERVICE
I, Marti Iben, 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:
Daniel E. Bums
60 States Street
San Francisco, CA 94114
MARTSOCDEARDORFF WILLIAMS & OTTO
Ten East High Street
Carlisle, PA 17013
(717) 243-3341
Dated: November 17, 2003