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HomeMy WebLinkAbout03-0942F:kFI LES\DATAFILE\Dickinson Collect.doc\45.com 1/sis Created: 01/02/03 04:41:48 PM Revised: 02/28/03 12:21:09 PM DICKINSON COLLEGE, Plaintiff V. SUSAN K. BURGESS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 0.3- 9~2_ ~ CIVIL ACTION-LAW JURY TRIAL OF TWELVE DEMANDED NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiffs. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP: Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 MARTSON DEARDORi~,,WJY,_ LIAMS & OTTO BYDavid R. Galloway, ~squ~re - [ I.D. Number 87326 [ Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attomeys for Plaintiff Exhibit B FAFILES\DATAFILE\Dickinson Collect. doc\45, coral/sjs Created: 01/02/03 04:41:48 PM Revised: 02/28/03 12:21:09 PM DICKINSON COLLEGE, Plaintiff Vo SUSAN K. BURGESS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW JURY TRIAL OF TWELVE DEMANDED .NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiffs. You may lose money or property or other fights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. /F 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 David R. Galloway, Esquire I.D. Number 87326 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff & OTTO DICKINSON COLLEGE, Plaintiff V. SUSAN K. BURGESS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. O~- 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 Susan K. Burgess is an adult individual with a last known residence at 910 Masters Row Apt. A, Glen Allen, Hem/co County, Virginia, 23060-7430. 3. On or about August 9, 1976, 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 $1,074.00, plus interest and costs by Defendant on his own behalf, for educational services and benefits at Plaintiff's institution. 5. On or about July 26, 1977, 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 $560.00, plus interest and costs by Defendant on his own behalf, for educational services and benefits at Plaintiff's institution. 7. On or about March 17, 1978, Defendant entered into an additional Promissory Note - Federal Perkins Loan Program (Note #3) with Plaintiff. A copy of Note #3 is attached hereto as Exhibit 8. Note #3 provided for the financing of $1,555.00 plus interest and costs by Defendant on his own behalf for educational services and benefits at Plaintiff's institution. 9. Note #1, Note #2, and Note #3 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. 10. As provided in the Act, Plaintiff acts in a fiduciary capacity in the handling, disbursing and collecting of fimds associated with the programs under the Act. 11. The total collective outstanding principal balance for Note #1, Note #2, and Note #3 is $961.99. 12. Note #1, Note #2, and Note #3 grant Plaintiffreasonable attomey's fees which Plaintiff has calculated to be $500.00. 13. As of January 31, 2003, the principal and interest due and payable by Defendant to Plaintiff was $2,022.97, plus interest of $0.08 per day, attorney's fees in the amount of $500.00 and costs accruing subsequent to January 31, 2003. 14. The outstanding balance of $2,022.97 represents the total and actual overdue value of the financing provided to Defendant under Note #1, Note #2, and Note #3 for which Defendant has yet to pay. COUNT I BREACH OF CONTRACT 15. Plaintiff hereby incorporates by reference the averments contained in Paragraphs 1 through 14 of this Complaint. 16. Plaintiffhas fulfilled, performed and complied with all obligations and conditions of Note #1,Note #2, and Note #3. 17. Defendant breached the expressed and implied obligations, conditions and terms of agreement of Note #1, Note #2, and Note #3 by failing to pay the amounts financed therein. WHEREFORE, Plaintiffdemands judgment against Defendant in the amount of $2,022.97, plus interest at $0.08 per day, attorney's fees in the amount of $500.00 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 18. Plaintiff hereby incorporates by reference the averments contained in Paragraphs 1 through 17 of this Complaint. 19. The Defendant is liable to Plaintiff and/or has been unjustly enriched in the amount of $2,022.97, plus interest at $0.08 per day, attorney's fees in the amount of $500.00 and costs accruing subsequent to January 31, 2003. WHEREFORE, Plaintiff demands judgment against Defendant in the amount of $2,022.97 plus interest at $0.08 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 ~ Carlisle, PA 17013-3093 (717) 243-3341 / Attomeys for Plaintiff Date: c~/,~g ~ 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. ' PROMISSORY NOTE ' National Direct Student Loan Pro,gf q,r .... ~ ' k~..(V.' ~ ' CAI,LIS - to DICi~I'NS~N ~'Oi~LE~'I~,' h'~rei~t'e'r' c&il;~l' ~hez Lahhi~ k' ih~:i'tL'~ic~, loc'~te~ at' C~ the sum of such amounts as may from time to time be advanced to me and endorsed i- below, ~gether with all attorney's fees and other costs and charges necessary for the · paid when due. SCHEDUL~ OF ADVANCES Amount Date Signature of Ma] i The maker further understands and agrees, and it is understood between the parties that: I. All sums advanced pursuant to this note are drawn from a fund created under Part E of Title 1% 1965, as amended, hereinafter called the Act. Such terms of the note as are subject to interpretation s such Act and Federal Regulations pertaining to such Act, copies of which shall be kept by the lendis II. Repayment of principal, together with interest thereon, shall be made over a period commencing applicable) 9 months after the date on which the Maker ceases to carry, at an institution of higher ed~_ tion outside the States approved for this purpose by the U.S. Commissioner of Education, hereinafter one-half the normal full-time academic workload and ending 10 years and 9 months after such date. It-= shall accrpe from the beginning of such repayment period. Repayment of principal, together with ir' equal (or, if the Maker so requests, in graduated installments determined in accordance with such scl- lending Institution amd the Commissioner) quarterly, bimonthly or monthly installments (as determin~ accordance with the schedule which is attached to and made part of this note, III. This Note is subject also to the following conditions: (1) The Maker may at his option and without penalty prepay all or any part of the principal, plus the accrued interco. (2) In the event of a failure to meet a scheduled repayment of any of the installments due on this Note the entire ~.. and accrued thereon, shall, at the option of the lending Institution, become immediately due and payable. (3) Interest shall not accrue, and installments need not be paid during any period (a) during which the Maker in carry- or at a comparable Institution outside the States approved for this purpose by the Commissioner, at least one-half (b) not in excess of 3 vents during which the Maker (I) is on full-time active duty as a member of the Armed Corps, or Coast Guard)' of the United States, (II) s in serv ce as a volunteer under the Peace Corps Act. or (III VIII of the Economic Opportunity Act of 1965 (VISTA). Any such period in (a) or (b) shall not be includ .w. hich repayment must be completed as specified in Paragraph II. ed (4) It the Maker undertakes service after June 30, 1972, (a) as a full-time teacher in a public or other nonprofit priv.~ is in a school district of a local educational agency which is e g blt in such year for assistance pursuadt to Title I o · Act of 1965 and which toy the purposes of this clause and for that year has been designated by the Commissioner in 465(a) (2) of the Act as a school w th a high enrollment of students from low-income families, or (b) as a full-e eluding mentally retarded, hard of hearing, deaf, speech impaired, visually handicapped, seriously emotionall disturb. abYmnr, e,a. ston~ th~.r, eo~re, qui[e~ ,,Sl~,cial ,education ). in a public or nth .... nprnfit elementary or secondary school s}sYtem fo · ............. is --o.e s.an ne reduced at toe rate of 15 per centum uf the total principal amount of the I'~an lus year of such service, 20 per centum of the total prloc pal amount plus interest thereon for the third and fourt[ y~ the total principal amount plus interest thereon for the fifth year of such Strict. (5) If, after june 30, 1972 the Maker undertakes service as a full-time staff member in a preschool program carried nom~c Opportunity Act of 1964 (Head Start) which is operated for a period which is comparable to a full school salary of such staff member is not more than the salary of a comparable employee of the local educational agency, reduced at the rate of 15 per centum of the total principal amount of the loan plus interest thereon for each compl_ (6) If, after June 30, 1972, the Maker serves as a member of the Armed Forces of the United States up to 50 per ceo shall be reduced at the rate of 12~ per centum of the total principal amount of the loan. plus interest thereon fc~ of hostilities that qualifies for special- pay under Section 310 of Title 37, United States Code. ' 1'7) The Maker is responsible for informing the lending Institution of any change or changes in his address. (8) Notwithstanding the repayment schedule otherwise Calculable to Part il. the iVfaker shall repay the total principal ar than ~30 per month. In the event the Maker receives or has received other National Direct Student Loans from oth~ more other lendlng Institutions, he/she shall repay this Note at a monthly rate equal to not less than the amount- rate of principal repayment on all such other loans. (9) If the Maker fails to make timely payment of all or any part of a scheduled installment, nr if the Maker is eligibl~ [pursuant tn Part 11I(}) (4). (5), or (6)] but fails to submit t me v and satisfactory evidence thereof, the Maker _ h~m by the lending Institut on. No charge may exceed (I) where the loan is repayable in monthly installments, $I ~ which such installment or evidence is late. and $2 for each month or part of a month thereafter; or (2) in the case or quarterly arista ments $3 and $6 respectlvel¥, for each installment interval or part thereof by which such insta · Institution elects to add 'the assessed 'charge to the outstanding principal nf the loan, it shall so inform the Maker pr/- IV. This Note shall not be assigned by the lending Institution except, upon transfer of the Maker to this program (or, if not so participating, is eligible to do so and is approved by the Commission'er for provided that assignment may be made to (a) Institutions other than those to which the Maker has t where the lendin~ Institution ceases to function as an educational Institution and (b) to the United !.or t~w,o y.e.ar, s. The provisions of this note that relate to the lending Insitution shall where appropriat EXI-ITR TT 'A' o ,~ lO $ The maker further understands and agrees, and it is understood between the parties that: 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, as amended, hereinafter called the Act. Such terms of the note as are subject to interpretation shall be construed in the light of such Act and Federal Regulations pertaining to such Act, copies of which shall be kept by the lending institution. II. Repayment of principal, together with interest thereon, shall be made over a period commencing (except when paragraph III(3) is applicable) 9 months after the date on which the Maker ceases to'carry, at an institution of higher education, or at a comparable institu- tion outside the States approved for this purpose by the U.S. Commissioner of Education, hereinafter called the Commissioner, at least one-half the normal full-time academic workload and ending 10 years and 9 months after such date. Interest of 3 per centum per annum shall accr.ue from the beginning of such repayment period. Repayment of principal, together with interest thereon, shall be made in equal (or, if the Maker so requests, in graduated installments determined in accordance with such schedules as may be approved by the lending Institution and the Commissioner) quarterly, bimonthly or monthly installments (as determined by the lending Institution) in accordance with the schedule which is attached to and made part of this note. III. This Note is subject also to the following conditions: (I) The Maker may at his option and without penalty prepay all or any part of the principal, plus the accrued interest thereon, at any time. (2} In the event of a failure to meet a scheduled repayment of any of the installments due on this Note the entire unpaid indebtedness including interest due and accrued thereon, shall, at the option of the lending Institution, become immediately due and payable. (5) Interest shall not accrue, and installments need not be paid during any periud (a) during which the Maker in car lng. at an Institution of Itlgher education or at z comparable Insti~tion ou~ide the States approved for th s purpose by the Commtssioner, at least one-half ~e normal full-time ~cademic workload or (b) not in excess of 3 years during which the Maker (I) is nn full-time actve duty as z member of the Armed Forces (Army. Navy, Air Force Marine Corps, or Co~st Guard~' of the United States (Il) is in service as a v~lunteer under the Peace Cnrps Act or (Ill) is in se~ice as a volunteer un'er Title VIll of the Economic Oppor~nity Act of 1965 (VISTA). Any such period in (a) or (b) shall not be ~ncluded in determining the 10-year period during which repayment must be completed as specified in Paragraph Il. (4) If the Maker undertakes se~ice after June 50, 1972, (a) as a full-t/me teacher in z pub ic or other nonprofit pr vzte e ementary or secondary school which ~r~nn~ ~g~o~s~i~f,l 1~?1 educational agsncy which is eligible in such year for ass stance p ..... fit ~o Title [ of the Elem · ~'t:~ ~' ~'~ ~"1'~' .or tn~ p~rpo~? of.~h? clau~ and for that year has been designated by the Camm ss oner in acco-a~-~n~ ~ ~co~a~ Efl?a~on ~y.~ ~ u~.me ~ct as a school w~tn a rage enroument of students from low-income famille~ nr th~ ae - · . ~' ~.~u w~tz~ tn~.p~OVlSlOnS.o[ ~ectlon ClUO ng meHtally retarded hard of hearine deaf s-etch ..... ~ -:----' ~ -' ~ .... :--'-; ..... ~' :I ~..~u~?me teacher at anna capped children (in- . - . , ., , V ..p~ucu, .qauu ~y nanm~Appe~, seriously emot~o~ally R~sturDed, or other health-impaired children who Dy reason thereo~ require s~clal educatiun) in ~ pu~llc or other nonprofit elementary or secondary school system, for each complete year of such service the amount of this Note shall be reduced at the rate ~f 15 per centum uf the total principal amount of the loan las interest thereon for the first ~nd second year of such service, 20 per centum of the total principal amount plus interest thereon for the third and fourtg year of such se~ice, and the total principal amount plus in.rest thereon for the fifth year of such sty ce. (~) If, after June ~0, 1972 the Maker undertakes service as a full-time staff member in · preschool program carried on under Secton 222(a) (1) of the Ecn- aomlc Opportunity Act of 1964 (He~d Start) wh ch is ~perated for ~ period ~hich is comparable to a full school year in the locality, ~nd vrovlded that the salary of such staff member is not more than the sala~ reduced at the rate of 15 per centum of the total principal amount of the loan plus interest thereon for each complete year f such se~ice. (6) If, ~fter June ~0, 1972, the Maker serves as a member of the Armed Forces of the United States, up to 50 per centum of t~e r ncipal amount of this loan (8) Notwithstanding the repayment scheduJe otherwise cal~lable to P~rt ii, th~ ~k~r shall repay the total principal amount of this loan at the rate of nnt less ·an $~0 per mon~. In the ~cnt the Maker receives more other lending lmtltutioas, he/she shall repay this Note at a monthly rate equgl to not less th~n the amount by which $~0 exceeds the total mon{hly r~te of principal repayment on all such other (9) If the Maker f~ils to make timely payment of all or any part M a scheduled installment or if the Maker is ~ligible for deferment ar cancellat on of payment [~rso~ot to ~rt HI(~), {4), [~), or (~)], hot fails tn subm t tmelv and satisfactory evidenc~ thereof, the Maker romises to pay the charge assessed against h~m by the leadlag Institutinm No charge may exceed which such ins~llment or evidence is late and 12 for each month ....... t ..... ~ .~ .... t ..... ;' . · . nt~ or. p~rt of a ~onth b~ · ..- .~.~ -. ~ -,~,,-, ~-~er: or ~z~ m tnt case or a man whtch ~s repayable in b monthly or 9uarterly installments, S5 and ]6. respectively, for each installment interval or yurt thereof by which such installment or evidence is late. If the lendin~ Inst~tion elects to add the assessed charge to the outstandin~ principal of the loan. it shall so inform the Maker prior to the due date of the next installment. IV. This Note shall not be assigned by the lending Institution except, upon transfer of the Maker to another Institution participating this program (or, if not so participating, is eligible to do so and is approved by the Commissioder for such purpose), to such Institution; provided that assignment may be made to (a) Institutions other than those to which the Maker has transferred -or to the United States where the lending Institution ceases to function as an educational Institution and (b) to the United States if this note has been in default for two years. The provisions of this note that relate to the lending Insitution shall where appropriate relate to an assignee. V. The Maker hereby certifies that he has listed below all of the National Direct Student Loans (or National Defense Student Loans) he has obtained at other Institutions. ~ehedule of .%'ntionnl Flireet .~tttdent T, oans and .~nti.nal Deth,ns~. gttid~,.t T,onns nt Or.hep lfnstitntlon.~ Amount Date ! Institution Si!~nat_ure nf Maker I S,gnature ....., k'-'~'" "'~r-' L '3w' ' ' ' '~'~' L~' f'~"~' · ' .... Date ~,/O 7~~ - - ,~., ' .................... ~-:: ........................ : ............................... '; ..................... t-.4 .................... ~9....~.. Per ma nen t Ad d tess . ..~. -'~"~.--.'t~.... 7... · ....~-.-J~.-. :..~..- ..-~..~ ...~.'......~...'d..~ .~.?. / .~.~ 7~ ~ ~..~::~ /."?..~, (Street or Box Number. City, State. and Zip Code) NOTICE: This note shall be executed without security and without endorsement, except that if the Maker 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, either security or endorsement maE be required. The lending Institution shall supply a copy of this note to the Maker. . Signature of Endorser .................................................................................................................................................. Date ....................... 19 ........ Permanent Address (Street ur Box Number. City, State, and Zip C,,de~ ........................................................................................................................... 1[~,I ' :, ,~ ~ ~,i -~,. ~:', ',, ': ~ '5.. ~'~- Exhibit B PROMISSORY NOTE National Direct Student Loan Program -. hereinafter called the maker, promise ~ pay to DICKI/qSON COLLEGE. hereinafter ca, led the Lendi~l~' ih~i't~i(~, located at CARLISLE PENNSYLVRI~IA. the sum of such amounts as may from time to time be advanced to me and endorsed in the Schedule of Advanc~ below, together with all attorney's fees and other costs and charges necessary for the collection of any amount not paid when due. SCHEDI'L~] OF ADVANCES Amount Date Signature of Maker 10 $ r r itanr and agrees, and it is understood between the parties that: 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, as amended, hereinafter called the Act. Such terms of the note as are subject to interpretation shall be construed in the light of such Act and Federal Regulations pertaining to such Act, copies of which shall bo kept by the lending institution. II. Re,payment of principal, togeth'er with interest thereon, shall be made over a period commencing (except when paragraph Ili(3) is applicable) 9 months after the date on which the Maker ceases to carry, at an institution of higher education, or at a comparable institu- tion outside the States approved for this purpose by the U.S. Commissioner of Education, hereinafter called the Commissioner, at least one-half the normal full-time academic workload and ending 10 years and 9 months after such date. Interest of 3 per centum per annum shall accrpe from the beginning of such repayment period. Repayment of principal, together with interest thereon, shall be made in equal (or, if the Maker so requests, in graduated installments determined in accordance with such schedules as may be approved by the lending Institution ~nd the Commissioner)quarterly, bimonthly or monthly installments (as determined by the lending Institution) in accordance with the schedule which is attached to and made part of this note. III. This Note is subject also to the following conditions: (l) The Make~ may at his c~ion and without penal~ prepay all or any part of the principal lus the acc ' (2) [~dth:cc~tt~Lt_ faiths, to .m?ta ~ched~le~ r~pa[~ent of .n~ of the instMIments due ~n~his Note ~de~[~t th~[eqn'- ~t~n~ ti~e. (3) Interest shall ~on, sna~, [z .tnt ~pt~on or t~e ~enaing lnstitutmn, become immediately due and payable ~ unpam m~dness including intent ..... z g er 111 ~s on fulbtime actve duty as a men;~r of "~ - . . .- -g~ acauem~ wo~load or ~s, ~r.~oast'~uara~ o~ the United States (I1) is in se~ice as a xnlua.--r --~-- .L n ~ ~ue ~rmea forces tArmy. ~avy. Air Fore ~[[hOrr~C Economic Opportunity Act of 19~, (VIS'~A) Any such perlod'~; ~;~='o;"~b[e}~l?°~I gct:n"/ ~1[I). is.in sewiFe as a volunteer .a~er Title ......... p~ymen~.mu~t be completed as specified in Paragraph Il. craven m aetermmmg the 10-year ~riod during ~st ~[ mc M~er unsettles service after June go, 1972. Ca) as a full-flint teacher in a public or other nonprofit private elemen~r~ or s~0adary sch~l whlch is ih a sch~l dls~ict of a local educational affenc7 which ;s eligible in such year far assistance pumuant to Title I of the Elements =nd Second~ Education Act of 1965 and which for the purposes of this clause and for that year has been designated by the Commissioner in accordance w}~ the provisions of 465{a) (2) o~ the Act as a school with a high enrollment of students from Iow-income [am irs, or Cb) as a full-time teacher of haadic~p~d chaldea eluding mentally r~arded hard of hearing, deaf, speech impaired, visually handlcap~d, seriously emotionally dis~r~d, or other health-impmred chaldea who by reason thereof require special education) in a public or other nonprofit elementary or secondary school system, for each complete year of such se~ice the amount of this Note shall be reduced at the rate of 1~ per centum nf ~he total prlncipM amount o· .... ' ~t ~ m~m*~r m ~ pra~ch~l progra~ carried on under $acton 222(a) (1) of the ~ro- ~mic Opportuni~ ~ct of 1964 (Head Start) which i~ opera,ed for a p~rio~ ~hich is comparable tn a full ~chool year in th~ I~ali~ and provided that the ~ala~ of such ~ta~ memb~ i* not mor~ than ~he ~alary of a comparable ~mpl()y~ of ~he local ~ducatlonal a~n~, the principal amount of this Note ~hall ~uc~d at the rate of 15 per c~ntum of the total principal amount ~f ~h~ loan plu~ inter,st thereon for each of hostilities ~t ~ff~[eTM ot t~V? per ce~tu~ of. the total principal amount' of the loan plus'interest the~on fo}U~%ac~' me ~rmclpal a~ount of this loan t7x ~_ x, ~. . ~ .,,~ s ~or ~ctal pay unaer ~ectmn 310 of Title ~7, United States Code[ , n complete year ot service n an area ~ · ~ ma~er ~s res~nsmle tot mtormmg the lending Institution of any change or changes in his address. (8) No~ithstanding the repa~ent schedule otherwise calculable to Part II. the Maker shall repay the total principal amount of this loan at the rate o~ not less th~ $~O ~r mon~. In the event the Maker receives or has received other National Dire~ S~dent Loans from other Funds authorized b the Act at one or more other lending Institutions, he/she shall repay this Note at a monthly rate ~ual to not less than the amount by which 130 exceeJs the total monthly rate of principal repayment on all such other loans. (9) If the Maker fails to make timely payment of all or any part of a schedu ed insta Iment, or if the Maker is eligib · for deferment or cancellation of payment [pursuant to Part III(3), (4), (5), or {6)], but fails to submit timely and satisfactory evidince thereof, the Maker romses to pay the charge assessed against h~m by the lending lnsti~tion. ~o charge may exceed (1) where the loan is repayable in monthly installments, $I ~t the first month or part of a ~nth which such inst~llment or evidence is late. and $2 for each month or part of a month thereafter; or (2} in the ca~ of a nan wh ch is repayable in blmnnthly or 9uarterly installments, $3 and $6, respectively, for each installment interval or part thereof by which such nstallment or evidence is late. If the lending Inst~tution elects to add the assessed charge to the outstanding principal of the loan. it shall so inform the Maker prior to the due date of th next installment. IV. This Note shall not be assigned by the lending Institution except, upon transfer of the Maker to another Institution ~artlcipating this program (or, if not so participating, is eligible to do so and is approved by the Commissioder for s p[ovtded' that assignment may be made to (a) lnstit6tions, other than those to which the Ma~er .... nas transuc~ pu?ose), to such Institution; ~here the lending Institution ceases to function as an educational Institution and Zb ......... r?red .or to the United States ' ' ' · t ) to tnt united 5tares t this note has been n de t tot two years. The provisions of this note that relate to the lendln~ [nsitution shall where a ro riate relate ' an. cea pursua . . ,. utt is underst ..... 1965, as amended, herein n~t~ to th. ss note are drawn _ nod between the pattie such Act a after ~alled the from ~ fund c s that: -- nd Federal Reuula+: .... Act. Such terms of tg .... reared under Part u Az ..... .... ns pertamin~ to su-g A-, -~.-ute as are subiect t,* ;-~ ~,x title IV of the Hang-- ,=4 .. o -.,xut, cop,es of h;~u L ;, . 7 '"terpretation ~,,~- x=u. ucanon Act o . w.,,u, snail off gent k ...... ?hal! be construed m t ' ~ °r me lenchng ,nstltution. he hght of II. .Repayment of principal, to e ' · · un,o,u,ts,ae the States a'~ro-~- ,' ~: .wntcn the Maker ce -~ e made Over a period :__ o, ne,-,na,r the normal full.~g~ :~..u_ ,rot.mis p.urpose by the u~'Scto°mC-a-rry-' at an institution oS°~imenc'ng (except when para rah ' sna~ accr-- c .... u_ . . ~ ~tauemlc wor {~oa ._~ ..- ..... mmtssione o .... f- gher education g P. Ili(3) ts ,equ.al (or,""if"t~'/e}';k~°.eg_[nnmg of such r~kpla~yme~';u.e~n.;a2~ng..10 years and ;r mfontEhdsUC, att,[on, h,ere!nafter called' t~re a~_a. co.mp, arable institu- lendinm Ins~;,-,a- -%~-_ao requests, in ora,a,,-,-- -~'~':¥u' ~epaymen/ of . . o ~,er such date. Inter - g '--ummlssioner~ at least ........ n ~c~ the Commissioner~ ~,7.~ffa, re.sc.Moments determine.4 ?fl_n_c!~p% together with inte~ees~t. ut 3 pe_r centum per annum accordance with the schedule which is attached to and made part of this note. ~ ~'y me lenmng Institution) in , ,~,,~,terly, Oimonthly or monthl7, '~'_2tc,,uruan.ce .with such sched~elSet~ t_h_er_eon,,shall be made in III. This Note is subject also to the conditions: · m~a,ments (as determine.4 ~'.7°.,~a m, ay.?e approved by the (I} The Maker may at his option and (:~) In the event of a failure to and accrued thereon, shall, prepay a~ll or any part ~c -,- · . {3) Interest shall not accrue, and ,.r. an~ of the in~'t'.al[r~en~r:nac.'!Pal, plu.* the accrued i or at a comparable Institution tls ! ,t~tut~on bernice i~-- .,.s put on th~s Note ~.. __.nterest thereon at an~ /s~L.tnr~S,f~.rpnse by age 'Cg~..'w-tach the Maker in car ...... ---,uumg Interest ~hich ~lce as a volunteer .."2'~~- as. a.member of the ~.~L m.-e normal fuli_tim;~:'...°~t re. goer ed~ai'/o~ (4) .If .the such oer;~,4 · ¥,,.uer cae ,'race Cor~, a., -..-,eu rorce~ (Arm~ ~,- -~ao.e.m~: workload is la a :al30' IL ~ .-~ ~n tal or fbi shall iT ;,,.t. or (11[) is in ;..:57' &~avy. Air ~Force ~...ot Act o~ as a full-aline leacher in ' --~ m ~eterminin~ ~g ...~.*teer nn~er Title 46~(a) ./s.ellgible in such ~ear co-a--p-u'-b?lc or other non ro · . .,,e ,u-year Period during cludiog menta ann tnt that year ha¢ ~ '',~ ,~aa~srance pursuant P fit private elementar by reason t en.t of stUdents Irom°i~een- ueslgnated by the Co~.t°'T-~tle I of the £lemen~a~°r s~o.ndary school which amount of ~ impaired, vlsuall- ..~w,;Income families or t~-'{~n-lss~°u-er in accordance ~'}~[ .a~nu ~econdary Educati~ ar other nOnnro~. ~-~ nannlcapped, seriouslY, e---~:'t a..s a. lull-aline teach-- -i'~,~ tne..provislons of Ice, 20 Per centum of pe.r centum of the t^.-~ y.o.r secondary school .... .bed, or other h--I.t . pped chsidren (3) arno · pal amount "lu- :--"'~ principal amount .t .t' 'V°'em. rot each co---~ .'"~-qmpa~red childre- r~mic lfth year ot [:-~ interest thereon 'for 0.- .~"'-% .ne loan Plus ante---- .'?tpaeze Year of such .---"' --90 a run-time staff men ' · ~.,,, year ot such service '..,.~,e..nrst and second is not more ted for a perlm in. a preschool 'arried , -,,~ ~u per centum otc rate of 1:5 per centum of comparable (6) shall 2, the Maker af the school of as a · the Eco- that the per centum amount of ! shall he (7) '1~ ~s responsible under to 30 such service. interest principal amount of this 1o n that ding the ', calcula[ to Part address, pleat year of service in an nr has total principal amount of (9) repayment repay this Note at a monthly rate equal tn r lnan~. Loans from nth s loan at the Payment of all than the a ..... ?.Funds authorized b~ ~. r~e of not less whll (6)], but ..,o.n~ ny vtnich $~0 ------~ ..ne ncr at One or ~.eeus the to,al monthly nr if the Maker is eligible or quarter{ · respectively ~s . . in monthly installm,..~ '~';- ~romlses ~ nM- ~-- .cellation of payment Institution assessed d& ce thereof, the Mat... - _fO_r. deferment or can IV.. This Note shall __. t . Charge to the outstandin~ ..:__: 'r - month thereafter- or t~¥":'"?t..I rot the fi~., ~,~ ~.'~'~ charge aSSessed _o.r pa? .thereof ~'y wl~cL I-n-.-?e.case of a lnag'v;~'~nhm:.°r part. of a chis program (Or :t ,..-.,,toe ass?Roed by the le-~:- . -.~;-":~, t ,,,an. it snail so infor~ ,. -~,~.~n. installment or ..:.:_L' ".rep. aYable in bimo provided that 'ass~ ",nc so par. tic/paring, is eli,,?l~l'..ng, ffn~st'tut'°n except, upon tran ....... ,er prior .- -- : ..... ce Is ate r .... nt..hly where the I--.~:-~-gn-me.nt may be made to /-~ ~- ,.,:.. ~u. ao so and is at~nr,~.~ t...t, sfer._of the Maker t .... :- - .- ....... · next installment. for two ve~"'~ inStil.ut,on ceases to fun~.';..~nsr'n't'°n,s other than [~o ' ~,y cn.e C-ommiss,oner fo;' --umer mstitut,on particl ali ' 1,r Th~- '?~-i-" ~.ne p, rovlsions of thi .... ._-.-.;.~,, as. an ec~ucational Ir,-,:-- ~s.e to w.h,ch the Maker ~.~- ._such. purpose), to such ~..P~:..n. hg ha- - ;Ts?er, t:erel~y certifies th-, ~- ,,,,,,e mat relate to the lena: -~u.uon and (bi to the U-:,..'~'~,- transferred 'or to the ~ o ooralneo at oth-r r_ ..'~ .-, ,e nas listed bel~-- ,, . _,~,ng msmttion shall ~.~__ .,,,~u orates if this ..... united States ' msumttons. ~-- a. ut the National Direct ~t,,~'~n.e..r.e .appropr.,ate relate to ~,e...n..a_s t~een ,, default .... ~'~' ~'~at~onal Defense Student Loans) Signature ...~ ..... (Street or Box Number, City State an 19'7 7 not, und. er the law of the · · - curit an .................. be required. Tg~ ~---' .State m which the {,.~a:__ · y · d wtthout endors ...... ' ........................... · ,~ ,~numg institution shal ,..' ..... *; mstit.ution is located .... ~-q ex.ce.p.t that. if the Ma ' · ......... S,gnature of Endorser Is ~,ply a copy ut th,s note to th;r~l~cear, b'ndmg °bi'Rat/on, ~i;~et: saecmu~; ~rndentdh~Srs~:nyOUld .......... ' .... Date t may Permanent Address ............................... . .......................................................... 19 [-~l.7~lNla]~,q (.)l~l;~lC.~,] ¢.,()1~(~.freer ~r Box Number. City, State an:l Zip C (tel .................................................................................. ~ ...... Exhibit C PROMISSORY NOTE National Direct Student Loan Program DICKINSON COLLEGE Carlisle, PA 17013 I~ _____~~. ~ ~3 ~ ~'~ , promise to pay to Dickinson College, hereinafter calli~d the Lending l nstit-6on h,cated at Carlisle, Pennsylvania, t~.~um of such amounts as may from time to time be advanced to me and endorsed in the Schedule of Ad- vances sot forth below togsther with all attorney's fees and other costs and ch_arges necessary for the collection of any amount not paid when due. SCHEDULE OF ADVANCES - ~ear Year Term Amount Date Signature of Maker Term Amount Date Signature of Maker 11 1" 13 14 15 16 (Street or Box ~tm~ber, City, State, and Zip Code) I further understand and agree that: GENERAL I. All sums advanced pursuant to this note are drawn from a'fund created under Part E of Title IV of the Higher Eduaation 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 ~ct 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 [1I (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 paragraph III (3) applies, 10 years and 9 months after that date. I may however request that the payment period start on an earlier date. I shall repay the principal and interest over the course of the repayment period in equal monthly, bimonthly or quarterly installments, as determined by the Lend- ing Institution, except that, if I request, such payments shall be made in graduated installments determined tn accordance with such shhedules as may be approved by the Lending Institution and the Co~issioner. In either case, a schedule of repayment shall be attached to and made part of this note. (3) If the repayment schedule that w~uld 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 OfperiodnOt morein paragraphthan one2Yearof thiswherearticle.necessary to avoid hardship to me unless such an action would extend the repayment 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 anv time. , EXHIBIT "C" DEFAULT ~, oma[e, anu glp boat) t further understand and agree that: , 19,7~ GENERAL I. All sums advanced pursuant to this note are drawn from a 'fund created under Part E of Title IV of the Higher Education Act of 1965, hereinafter called the Act, and are subject to the Act and the Federal Regulations promulgated pursuant to the Act. The terms of this note shall be construed in accordance with the Act and Federal Regulations, copies of which shall be kept b~ the Lending Institution. REPAYMENT I!. (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- tlon of higher education or at a comparable institution outside the United States approved for this purpose by the United States Commissioner of Education, and ending, unless paragraph III (3) applies, 10 years and 9 months after that date. I may however request that the payment period start on an earlier date. I shall repay the principal and interest over the course of the repayment period in equal monthly, bimonthly or quarterly installments, as determined by the Lend- ing Institution, except that, if I request, such payments shall be made in graduated installments determined in accordance with such schedules as may be approved by the Lending Institution and the 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 ~ith paragraph II (2) would provide for payments of principal and interest at a rate of lass 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 equ~l 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: thereon. PREPAYMENT (1) I may at my option and without penalty prepay all or any part of the principal, plus the accrued interest at any time. DEFAULT (2) If I fail to meet a scheduled repayment of any of the installments due on this note, the entire unpaid indebtedness including interest due and accrued thereon, shall, at the option of the Lending Institution, become /m- mediately due and payable. DEFERMENT (3) Interest shall not accrue, and installments need not be paid (A) while I am enrolled and in attendance ~s at least a half-time student at an institution of higher education or at a comparable institution outside the 'mired States approved for this purpose by the Commissioner, or (B) for a period not in excess of 3 years during ,h/ch I am (i) on full-time active duty as a member of the Armed Forces of the United States (Army, Navy, Air Force, arine Corps, or Coast Guard), (ii) in service as a volunteer under the Peace Corps Act, or (iii) a VISTA volunteer nd er Title I--Part A of the Domestic Service Act of 1973, P.L. 93-113, (formerly Title VIII of the Economic Oppor- unity Act of 1964). The Lending Institution may, upon my application, defer or reduce any scheduled repayments, if, in the Jew of the Lending Institution, extraordinary circumstances such as prolonged illness or unemployment prevent me rom making such payments. However, interest shall continue to accrue. , CANCELLATION FOR TEACHING (4) I am entitled to have the entire ~ount of this loan plus the interest thereon cancelled if I under- · ~aks 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 re- ~arded, hard of hearing, deaf, speech impaired, visually handicapped, seriously e~otionally disturbed, or other health- hmpair~ children who by reason thereof require special education) in a public or other nonprofit elementary or second- ary scllool system. This loan shall be cancelled for teaching service in accordance w-ith the following rates: 15 per centma of tbs to~al principal amount of the loan plus interest thereon shall be cancelled for the first and second template aca- demic years of teaching sarvice; 20 per centum of the total principal amount plus interest thereon for the third and fourth complete academic years of such servica; and 30 per centum of the total principal amount plus interest thereon for the fifth complste academic year of such service. HEAD START CANCELLATION (5) I am entitled to have the entire amount of this loan plus the imterest thereon cancelled if I undertake service as a full-time staff member in a preschool program carried on under Section 222(a) (1) of the Economic Oppor- tunity Act of 1964 (Head Start) at the rate of 15 per centum of the total principal amount of the loan plus interest thereon for each complete school year or its equivalent of such service, if that Head Start program is operated for a period which is comparable to a full school year in the locality, and if the salary of such staff member is not more than the salary of a comparable employee of the local educational agency. MIL ITA~tY CANCELLATION (6) If I serve as a member of the Armed Forces of the United States, up to 50 per centum of the principal amount of this loan plus the interest thereon shall be cancelled at the rate of 12~ per centtnn of the total pr~cipal amount of the loan plus interest thereon for each complete year of service in an area of hostilities that qualifies for special pay under Sect/mn 310 of Title 37 of the United States Code. DEATH AND DISABILITY CANCELLATION (7) If I should die or become permanently and totally disabled, the entire amount of this loan plus the interest thereon shall be cancelled. ADDRESS CHANGE (8) I am responsible for informing the Lending Institution of any change or changes in my add~ess 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), (&), (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 installment or evidence is late, and $2 for each month or part of a month thereafter; or (2) in the case of a loan which is repayable in b/monthly or quarterly installments, $3 and $6 respectively, for each installment interval or part thereof by which such installment or evidence is late. If the Lending Institution elects to add the assessed charge tq the outstanding principal of the loan, it shall so i~form me prior to the due date of the next installment. ASSICNMENT IV. This note may be assisned 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, 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." SCHgDULE OF NATIONAL DIRECT ~TODENT LOANS AND NATI~AL DEFENSE STUDENT LOANS AT OTHER INSTITUTIONS Amount Date Institution Signature of Haker ........... ~ ~rme~ ~'~ .... o v~ the United States, up co ~o per cen~um o~ ~= p~L,~ .amoumt of this loan plus the interest thereon shall be cancelled at the rate of 12~ per centum of the total principal amour~t,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 U.nited S.ta~s Code. DEATH AND DISABILITY CANCELLATION (7) If I should die or become permanently and totally disabled, the entire amount of this loan plus the interest thereom shall be cancelled. ADDRESS CI~GE (8) I am responsible for informing the Lending Institution of any change or changes in my add~ess PENALTY CHARGE (9) If I fail to make t/mely 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 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 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. ASSICNMENT IV. This note may be assigned by the Lending Institutio; only (A) to am~ther 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, where appropriate relate to an assignee. PRIOELOANS 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." SU~DULE OF NATIONAL DIRECT .~TUDENT LOA};S AND NATI(H/AL DEFENSE STUDENT LOANS AT OTHER INSTITUTIONS A~_ount Date Institution St~cm~ture of M~er 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 Permanent address Date (Street or Box N,~ber, City, State· and Zip Code · 19 _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 ofcotmsel 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 tree and correct and to the best of my knowledge, information and beliefi 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. Dated: Dickinson College Thomas Meyer Assistant Treasurer of Dickinson College F:\FILES\DATAFILE~Dickinson Collect. doc~45.Com 1 F:~FILES\DATAFILE\Dickinson College 7619\DickinsonCollegeCollections 7619C\Documents\45.pral/cny Created: 5/14/03 4:0:51 PM Revised: 5114103 4:9:54 PM ~ 7619C 45 DICKINSON COLLEGE, : Plaintiff : V. · SUSAN K. BURGESS, : Defendant : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-942 CIVIL ACTIO'N-LAW JURY TRIAL OF TWELVE DEMANDED PRAECIPE TO SETTLE AND DISCONTINUE TOTHE PROTHONOTARY OF CUMBERLAND COUNTY: Please mark the above captioned case settled and discontinued and issue a certificate reflecting same. MARTSON DEaF ¢gJI~MS & OTTO avid R. Galloway, EsquiT~" I. D. Number 87326 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Date: May 14, 2003 Attorneys for Plaintiffs CERTIFICATE OF SERVICE I, Christina N. Yost, an authorized agent for Martson Deardorff Williams & Otto, hereby certify that a copy of the foregoing Praecipe to Settle and Discontinue was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Ms. Susan K. Burgess 910 Masters Row, Apt. A Glen Allen, Va 23060-7430 MARTSON DEARDORFF WILLIAMS & OTTO Christina N. Yost Ten East High Street Carlisle, PA 17{) 13 (717) 243-3341 Dated: May 14, 2003