HomeMy WebLinkAbout03-2775F:/FILES\DATAFILE/Dickinson College 7619\Dickln sonColle geCollectlons7619C',Do cument~/175 coml/cny
Created 5/15/03 926:54 AM
Revised 5/23/03 g:30® AM
7619C 175
DICKINSON COLLEGE,
Plaintiff
BEATRIZ DEAGUSTINI and
JANNETT DEAGUST1NI,
Defendants
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 03 )
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
32 South Bedford Street
Carlisle, Pennsylvania 17013
Telephone (717) 249-3166
Date:
MARTSON DEARD~~LLTS
David R. Galloway,~E~l~
I.D. Number 87326
Ten East High Street
Carlisle, PA 17013
(717) 243-3341
Attorneys for Plaintiff
& OTTO
DICKINSON COLLEGE,
Plaintiff
BEATRIZ DEAGUSTINI and
JANNETT DEAGUSTINI,
Defendants
1N THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. o3 - ;~'~a~
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, Beatriz DeAgustini, (hereinafter "Parent"), is an adult individual with a
last known address of 43 Washington Mews, Port Chester, New York 10573.
3. Defendant, Jannett DeAgustini, (hereinafter "Student"), is an adult individual with
a last known address of 43 Washington Mews, Port Chester, New York 10573.
4. On or about August 26, 1996, Student entered into a Promissory Note - Federal
Perkins Loan Program (Note #1) with Plaintiff for the financing of $2,000.00, plus interest and costs
by Student on her own behalf, for educational services and benefits at Plaintiff's institution. A copy
of Note #1 is attached hereto as Exhibit "A."
5. On or about September 1, 1997, Student entered into an additional Promissory Note -
Federal Perkins Loan Program (Note #2) with Plaintiff for the financing of $2,000.00, plus interest
and costs by Student on her own behalf, for educational services and benefits at Plaintiff's
institution. A copy of Note #2 is attached hereto as Exhibit "B."
6. On or about August 31, 1998, Student entered into an additional Promissory Note -
Federal Perkins Loan Program (Note #3) with Plaintiff for the financing of $1,000.00, plus interest
and costs by Student on her own behalf, for educational services and benefits at Plaintiff's
institution. A copy of Note #3 is attached hereto as Exhibit "C."
7. On or about December 31, 1999, Student entered into an additional Promissory Note -
Federal Perkins Loan Program (Note #4) with Plaintiff for the financing of $1,000.00, plus interest
and costs by Student on her own behalf, for educational services and benefits at Plaintiff's
institution. A copy of Note #4 is attached hereto as Exhibit "D."
8. On or about May 12, 2000, Parent and Student entered into a Promissory Note (Note
#5) with Plaintiff for the financing of $868.65, plus interest and costs by Parent and Student on their
own behalf, for educational services and benefits to Student at Plaintiff's institution. A copy of Note
#5 is attached hereto as Exhibit "E."
9. Note #1, Note #2, Note #3, and Note #4 are funds created under Part E of Title IV of
the Higher Education Act o f 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 funds associated with the programs under the Act.
11. The total principal for Note # 1, Note #2, Note #3, Note #4, and Note #5 is $6,868.55.
12. Note # 1, Note #2, Note #3, Note #4, and Note #5 grant Plaintiff reasonable collection
and attorneys' fees which Plaintiff has calculated to be $1,030.29.
13. Plaintiff has fulfilled, performed and complied with all obligations and conditions of
Note #1, Note #2, Note #3, Note #4, and Note #5.
COUNT I
BREACH OF CONTRACT
DICKINSON COLLEGE v. BEATRIZ DEAGUSTIN!
14. Plaintiff hereby incorporates by reference the averments contained in Paragraphs 1
through 13 of this Complaint.
15. Parent breached the expressed and implied obligations, conditions and terms of
agreement of Note #5 by failing to pay the amounts financed therein.
16. As of May 20, 2003, the principal and interest due and payable by Parent to Plaintiff
was $624.59, plus interest accruing thereafter at $.09 per day
Exhibit A
FEDERAL PERKINS LOAN
PROMISSORY NOTE
1. Name (last, first, middle initial) and
Permanent Address (street, city, state, zip code)
DeAgustini, Jannette
2. Social Security Number
3. Date of Birth
4. Area Code/Telephone Number
5. Driver's License Number (List state abbreviaUon first)
6. School Name & Address (street, city, state, zip code)
DJckins~ College
P.O. Box 1773
C~'r-1 i_~le, PA 17013-2896
7. Bon'ower Status 8. Interest Rate
9. Loan Amount: Period
$2OO0.00 1996--97
TERMS AND CONDITIONS:
IAny Ixaeketed clau~ ¢x par~h may be i~luded ~ opt~a of a]
Act and Federal regu~tio~ ~ued under the Act.
R~QU~TS FOR DEFERM~ CANCELaTiON OR FO~EA~CE - To r~eive de~er~nt. ~ellation. or for~r~ ~flu, ~ m~t ~ke a written ~u~t
Borrower s Signature J
EXHIBIT "A"
Date:
FEDERAL PERKINS LOAN
PROMISSORY NOTE
00273-000-00-3218-09
1. Name (last, first, middle initial) and
Permanent Address (s~eet, city, state, zip code)
De Agustini, dannett~
43 Washington Mews
Pt. Chester, NY 10573-4511
6. SchoolName &Address ~eet, cit~state, zip code)
P.O. B~x 1773
c~]i~le, PA 17013-2896
2. Social Security Number
o~ c~ ~/ I q-'~
3. Date of Birth
4. Area Code/Telephone Number
cilq q ~f ~-ffc1
5. Driver's License Number (List state abbreviation first)
7. Borrower Status 8. Interest Rate
9. Loan Amount: 110. Lea Period
$2,000.00 I 1997-1998
TERMS AND CONDITIONS:
REQUESTS FOR DEFERMENT. CANCELLATION OR FORBEARANCE - To receive deferment, cancellation, or forbearance benefits, I must make a written request
LOAN(S) THAT MUST BE REPAID
BErower's Signature x ~
EXHIBIT "B" Date:
PERK[ iS (NDSI,) TRUTH IN-LENDING STATEMENT
DICKINSON COLLEGE
Account Number 00273-000-00-3218-09
NMe of Borrower De Agustini, Jannette
Address 43 Washington Mews
Pt. Chester, NY 10573-4511
Ab-N-UAL PERCENTAGE AMOUNT FINANCED
RATE
1'he cost of your The amount of
credi= as a yearly credit provided
rate. to you.
Prior to During
repaymen= repayment
0 % 5 % $ 2~000.00
I~ation of the Amount Financed: $2,000.00 Amount given directly to y~u.J
Late Charge:
Prepayment:
If a paymen= is late, you may be charged: $1.00 for the first
late payment, and $2.00 for each subsequent late payment if
this loan is payable monthly, $3.00 for each late payment if
=his loan is payable bimonthly, $6.00 for each late payment
if =his loan is payable quarterly.
If you pay off early, you will not have :o pay a penalty.
See your promissory no=e for any additional information about nonpayment,
fault, any required repayment in full before the scheduled date, and pre-
payment.
de-
THE BORROWER ACKNOWLEDGES RECEIPT OF AN EXACT COPY OF THIS STAI~NT.
INSTITUTIONAL
REPRESENTATIVE
DATE
Exhibit C
FEDERAL PERKINS LOAN
PROMISSORY NOTE
00273-000-00-3218-09
1. Name (last, first, middle initial) and
Permanent Address (street, city, state, zip code)
~ De Agustini
43 Washington Mews.
Port Chester, NY 10573-3947
2, Social Security Number
069-74-1586
3. Date of Birth
4. Area Code/Telephone Number
(914/ 937-2559
5. Driver's License Number (List state abbreviation first)
School Name & Address (street, city, state, zip code)
Dickinsc~ College
P.O. B~x 1773
Carlisle, PA 17013-2896
7. Borrower Status 8. Interest Rate
~ Half-time (3~- gre~3t e~ ~ Less tha~ hall-time 5°/0
9. Loan Amount:
10. Loa! Period
TERMS AND CONDITIONS:
REQUESTS FOR DEFERMENT. CANCELLATION OR FORBEARANCE - To receive deferment, cancellation, or forbearance benefits. I must make a written request
~rrower's Signature - - G ~' - *' ~' "~ EXHIBIT "C"
Date:
DI C<INSON COLLEGE
Account Number 00273-000-00-3218-09
Name of Borrower Jan~fil~%C,e. De Aqustini
Address 43 Washington Mews.
Port Chester, NY 10573-3947
A~NNUAL PERCENTAGE
RATE
The cost of your
credit as a yearly
Prior co During
repayment repaymen:
0 % 5 %
AMOUNT FINANCED
'[he amount of
credit provided
~o you.
Itemization of the Amount Financed: $ 1,000.00
Amount given directly Co you.
Late Charge:
If a payment is lace, you may be charged: $1.00 for the first
late payment, and $2.00 for each subsequent late payment if
this loan is payable monthly, $3.00 for each late payment if
this loan is payable bimonthly, $6.00 for each late payment
if this loan is payable quarterly.
Prepayment: If you pay off early, you will not have to pay a penalty.
See your promissory note for any additional information about nonpayment,
fault, any required repayment in full before the scheduled date, and pre-
payment.
de-
Exhibit
FEDERAL PERKINS LOAN
PROMISSORY NOTE
1. Name (last, first, middle initial) and
Permanent Address (street. city, state, zip code)
6. School Name & Address (street, city, state, zip code)
D±ckans~
P.O. Bo~ 1773
Car~s.~e, PA 17013-2896
TERMS AND CONDITIONS:
2. Social Security Number
OL~ c/ - -T q- -
3. Date of Birth
4. ~ea Code~elephone Number
5. Dr~er% License Number (List state abbreviation fist)
~ B~r~er Status
8. Interest Rate
9. Loan Amount: ~. Loan Peri~
fOOD. oo Qq - oo
)oroearance and { may r~ake §radua[ed ir~ta{ me~s~~' ..... . ~pon.~y written request my repay~e.i period ~av b~jE.-~"°? ~Y ~ sho.er than ]0 years if [ am
REQUESTS FOR DEFERMEN~ CANCELLATION OR FORBEARANCE _ To receive deferment ca
ASSIGNMENT. Th~ note may
LOAN(S) THAT MUST BE REP~D
Borrower% Signature ':
EXHIBIT "D" Date:
PI'iRKI)~S (.~ R~[,) TRIFI~H-[N-LENI)IN/; STATEFiENT
DICKINSON COLLEGE
Account Number
~NNTJAL PERCENTAGE AMOUNT FINANCED
RATE
The cost of your %'he amount of
credit as a yearly credit provided
rate. to you.
Prior to During
repaymenu repayment
o s z $ /Do0,o0
I~e~ation of the Amount Financed: $ /D~)O. O0 Amount given directly to you.
Late charge: If a payment is late, you may be charged: $I.00 for the first
late payment, and $2.00 for each subsequent late payment if
this loan ia payable monthly, $3.00 for each late payment if
this loan is payable bimonthly, $6.00 for each late payment
if this loan is payable quartarly.
Prepayment: If you pay off early, you will not have to pay a penalty.
See your promissory noue for any additional information about nonpayment, de-
fault, any required repayment in full before the scheduled date, and pre-
payment.
T}IE BORROW-ER A -
CK~NoWIZDGzS RECEIPT OF AN EZ-&CT COPY OF ~IS STA~NT.
Exhibit E
DICKINSON COLLEGE FLEXIBLE FINANCING SYSTEM - PLAN B
EDUCATIONAL GOODS AND SERVICES RETAIL INSTALLMENT CONTRACT
May 12, 2000 ] II 0 - 0 J
I. Seller: Dickinson College, Carlisle, Pennsylvania 17013-2896
Buyer(s):
Jannett and Beatriz DeAgustini
43 Washington Me~vs
Port Chester, NY 10573
ffthere is more than one Buyer, each of you will be obligated, jointly and severally, for all sums due and for the
performance of all agreements as provided in this Educational Goods and Services Retail Installment Contract(the
"Contract").
Under the terms of this Contract, you have agreed to pay the expenses incurred for Goods and Services (as
hereinafter defined) to be provided and rendered, as the case may be, to Jannett DeAgustini (hereinafter "Student") during
his/her enrollment at Dickinson College during the 2000 academic year, including tuition, room and board, books and
supplies as herein stated (collectively the "Goods and Services").
II. TERMS OF PAYMENT AND PAYMENT SCHEDULE
Disclosures Required by Federal Law
ANNUAL
PERCENTAGE
RATE:*
Cost of credit as
yearly rate
8.75 %
FINANCE
CHARGE:
Dollar amount
credit will
cost buyer
$ 421.27
AMOUNT
FINANCED:
Amount of credit
provided by
Dickinson College
$ 868.65
TOTAL OF
PAYMENTS:
Amount paid by
Buyer as total
of all scheduled
payments
i $1,289.92
TOTAL SALE
PRICE:
Total cost of
purchase on
credit, including
down payment of
$ 28,866.35
$ 29,735.00
Rev 10/99
EXHIBIT "E"
DeAgustini
Buyer's payment schedule will be as follows:
Number of Payments Amount of Payments When Payments are Due
116 $ l 1.12 Monthly commencing 06/28/00 until 06/28/09
*Variable Rate: The initial ANNUAL PERCENTAGE R_ATE disclosed above is a vyariable rate and may
~hange(increase or decrease) from time to time. The ANNUAL PERCENTAGE RATE may
increase or decrease during the term of this transaction if the prime rate of interest announced in
the Wall Street Journal as of the close of business on June 30 of each calendar year increases or
decreases, and will be increased or decreased to the prime rate plus 1%. The ANNUAL
PERCENTAGE RATE will not increase, or decrease, more than once a year, and the new
interest rate will become effective on July 1 following the increase or decrease, if any, in the
prime rate of interest. Any increase will be in the form of higher payment amounts. If your cost
of the Goods and Services sold hereunder were $868.65 at 8.75% per annum for 116 months and
the prime rate plus 1% were increased to 9.75%, your regular monthly payments would increase
to $11.59. Further, the ANNUAL PERCENTAGE RATE will not increase to more than 18% or
such other rate as may be permitted under Pennsylvania law.
Late Charge:
Prepayment:
Ifa payment is more than 15 days late, a sum equivalent to 5% of the late payment (but no more
than $2.50 and not less than $1.00) may be charged.
Buyer may prepay the unpaid balance of the AMOUNT FINANCED and any FINANCE
CHARGE due through the date of early payment, in full or in art, without penalty.
SEE SECTION VI OF THE CONTRACT BELOW FOR ANY ADDITIONAL INFORMATION ABOUT NON-
PAYMENT, DEFAULT AND REQUIRED REPAYMENT BEFORE THE SCHEDULED DATE FOR
REPAYMENT OF THE AMOUNT FINANCED.
2.
3.
4.
5.
IlL ITEMIZATION OF AMOUNT FINANCED
Cash price of Goods and Services:
Total down payment:
Unpaid balance of cash price (1 - 2):
Amount paid to others on Buyer's behalf:
Amount Financed (3 + 4):
29,735.00
28,866.35
868.65
868.65
iV. CRff'DIT FNSUILANCE
Credit life insurance for the term of this Contract is not required.
V. NO WARRANTIES
THERE ARE NO WARRANTIES, EITHER EXPRESSED OR IMPLIED, GIVEN BY SELLER IN CONNECTION WITH
SALE OF THE GOODS AND SERVICES COVERED BY THIS CONTRACT UNLESS BUYER HAS BEEN GIVEN A SEPARATE
WRITTEN WARRANTY.
VI. ADDITIONAL PROVISIONS
Buyer agrees to pay Seller the Total Sale Price by making the total down payment and paying Seller the Total of Payments in the
number and amount of monthly payments shown in the Payment Schedule. Payments are due on or before the same date of each
month as the first payment date. Payments must be made to EFG Technologies, Inc. at the following address:
EFG Technologies, Inc.
PO Box 2901
Winston-Salem NC 27102
Buyer's legal rights include the right to pay all or part of the amotmts due on this Contract in advance of their due dates, to obtain
refund or credit of unearned Finance Charge whenever the amount is paid in full in advance, and (with Seller's consent) to
reinstate the Contract if Buyer timely cures any default.
Buyer shall be deemed to have committed an "Eventof Default" of the Contract upon the occurrence of any of the following:
(a)
(b)
(c)
(d)
(e)
(0
failure to make any payment on or before the date it is due,
failure to make a payment on any other Contract outstanding with Seller,
failure to perform any other provision of the Contract,
providing Seller with false information or signatures,
death, incompetence, or conviction of any Buyer of crUne inv61ving fraud or dishonesW,
insolvency or bankruptcy of any Buyer.
Upon or afl:er the occurrence of any Event of Default, Seller will provide Buyer with notice, by certified mail as required by law,
addressed to Buyer's Iast lmow~a address as shown on Seller's records, advising Buyer of the default and of Buyer's right to cure the
default. The notice will provide the time, amount and perforrrmnce necessary to cure the default. If Buyer does not cure the
default as provided in the notice, Seller's rights shall include the right to declare all sums due on the Contract to be mmaediately
due and payable. The Buyer agrees to pay all attorney's fees and other reasonable collection costs and charges necessary for the
collection of any amount not paid when due.
Waiver by Seller of any Event of Default shall not be bInding upon Seller if Seller should thereafter choose to exercise that or any
other right or a similar Event of Default occurs later. All Seller's rights and remedies shall be cumulative. Seller's exercise of one
or more rights shall not cause Seller to lose any other rights.
This Contract is freely assignable by Seller. Buyer agrees that upon receiving notice of the assigranent Buyer shall be obligated to
the Assignee of this Contract, which Assignee shall have all of Seller's right and remedies.
If any parr of this Contract is held to be illegal, void or unenforceable, that provision shall be deemed not to have been a part of
this Contract, which shall otherwise remain fully effective.
APPLICABLE LAW: This Agreement, whenever called upon to be construed, shall be governed by the domestic internal laws ol
the Commonwealth of Pennsylvania except to the extent supplemented, superseded or preempted by federal law.
CONSENT TO JURISDICTION, VENUE AND SERVICE: The parties to this Agreement consent and agree that al/legal
proceedings relating to the subject matter hereof shall be maintained in the Court of Common Pleas of Cumberland County,
Permsylvania, or, if applicable, the Uinted States District Court of the Middle District of Pennsylvania, and all parties hereto
consent and agree that jurisdiction and venue for such proceedings shall lie exclusively within said court. Service of process in
any such proceeding may be made by certified mail, remm receipt requested, directed to the respective party at the address set
forth above.
10. This Contract shall be binding upon the parties hereto, their heirs, successors, assigns and legal representatives.
1 I. TIME IS OF THE ESSENCE OF THIS CONTRACT.
NOTICE: ANY HOLDER OF THIS CONSUMER CREDIT CONTRACT IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH
THE DEBTOR COULD ASSERT AGAiNST THE SELLER OF GOODS OR SERVICES OBTAINED PURSUANT HERETO OR
WITH THE PROCEEDS HEREOF. RECOVERY HEREUNDER BY THE DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY
THE DEBTOR HEREIJNDER.
NOTICE TO BUYER: (1) DO NOT SIGN THIS AGREEMENT BEFORE YOU READ IT OR IF IT CONTAINS ANY BLANK
SPACE. (2) YOU ARE ENTITLED TO A COMPLETELY FILLED-IN COPY OF THIS AGREEMENT. (3) IJNDER THE LAW,
YOU I-lAVE THE RIGHT TO PAY OFF IN ADVANCE THE FULL AMOUNT DUE AND UNDER CERTArN CONDITIONS TO
OBTAIN A PARTIAL REFUND OF THE FINANCE CHARGE.
BUYER(S) ACKNOWLEDGE(S) RECEIVING A COMPLETED COPY OF THIS CONTRACT AND INTEND(S) TO BE
LEGALLY BOUND BY ITS TERMS.
I AGKEE TO REPAY ALL AMOUNTS DUE ON THIS LOAN IF THE BORROWER(S)/BUYER(S) FAILS TO DO SO IN
ACCORDANCE WITH THE TERMS OF THE NOTE:
TRANSCRIPT OF A STUDENT'S RECORD WILL NOT BE RELEASED IF
LOAN PAYMENTS TO THE COLLEGE ARE IN ARREARS OR DEFAULT.
DATE:
Plan B
DICKINSON COLLEGE
VERIFICATION
I, THOMAS MEYER, Assistant Treasurer of Dickinson College, acknowledge that I have
the authority to execute this Verification on behalf of Dickinson College and certify that the
foregoing Complaint is based upon information which has been gathered by my counsel in the
preparation of this lawsuit. The language of this Complaint is that of counsel and not my own. I
have read the document and to the extent that this Complaint is based upon information which I have
given to my counsel, it is true and correct and to the best of my knowledge, information and belief.
To the extent that the content of this Complaint is that of counsel, I have relied upon counsel in
making this Verification.
This statement and Verification are made subject to the penalties of 18 Pa. C.S. § 4904
relating to unsworn falsification to authorities, which provides that if I knowingly make false
averments, I may be subject to criminal penalties.
Dickinson College
Tho~'~'~
Assistant Treasurer of Dickinson College
Dated:
F:/F[LES\DATAFILE\Dickinson College 7619\DicklnsonCollegeCollections7619C'XDocument s/175 coral
DICKINSON COLLEGE,
Plaintiff
BEATRIZ DEAGUSTINI and
JANNETT DEAGUSTINI,
Defendants
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 03-2775
CIVIL ACTION-LAW
JURY TRIAL OF TWELVE DEMANDED
PRAECIPE
Please reinstate the attached Complaint to be served upon Jannett DeAgustini at 300 Marshall
Street, 2, West Chester, PA 19380 and forward to the Sheriff for service.
MARTSON DEARDO~c~WILLIAMS & OTTO
~D~av~d R. Galloway,~'qmr~
I. D. Number 87326 \
Ten East High Street
Carlisle, PA 17013
(717) 243-3341
Date: July 24, 2003 Attorneys for Plaintiff
DICKINSON COLLEGE, :
Plaintiff :
BEATRIZ DEAGUSTINI and
JANNETT DEAGUSTINI,
Defendants
IN THE COURT OF COMMON PLEP~S OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 03-2775
CIVIL ACTION-LAW
JURY TRIAL OF TWELVE DEMANDED
PRAECIPE
Please reinstate the attached Complaint to be served upon Jarmett DeAgustini at 300 Marshall
Street, 2, West Chester, PA 19380 and forward to the Sheriff for service.
MA~.~_~TSON DEARD~F WILLIAMS & OTTO
BY~_~. ~~i;{ '
I. D. Number 8'7326
Ten East High Street
Carlisle, PA 17013
(717) 243o3341
Date: August 20, 2003 Attorneys for Plaintiff
SHERIFF'S RETURN -
CASE NO: 2003-02775 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
DICKINSON COLLEGE
VS
DEAGUSTINI BEATRIZ ET AL
OUT OF COUNTY
R. Thomas Kline ,
duly sworn according to law, says, that he made
and inquiry for the within named DEFENDANT
DEAGUSTINI JA/qNETT
but was unable to locate Her
deputized the sheriff of CHESTER
Sheriff or Deputy Sheriff who being
a diligent search and
, to wit:
in his bailiwick.
County,
serve the within COMPLAINT & NOTICE
He therefore
Pennsylvania, to
On August 21st , 2003
attached return from CHESTER
Sheriff's Costs:
Docketing 18.00
Out of County 9.00
Surcharge 10.00
Chester County 18.00
.00
55.00
08/21/2003
MDW&O
Sworn and subscribed to before me
this ~,~day of ~,~
A.D.
Frothonotary
, this office was in receipt of the
-R.~ Thomas Kli~e~ ~"~ ~
Sheriff of Cumberland County
R. THOMAS KLINE
Shedff
EDWARD L. SCHORPP
Solicitor
SHERIFF'S COSTS
OFFICE OF THE SHERIFF
Receipt _
Last (Jay to se~ice
RONNY R. ANDERSON
Chief Deputy
JODY S. SMITH
Real Estate Oepu~
One Courthouse Square
Carlisle, Pennsylvania 17013
TO:
Hon. Carolyn Welsh
Chester County Sheriff
P~: Dickinson College
VS
Beatriz Deag~st,ini et al
03-2775 civil
Dear Sir:
Enclosed please find
to be served upon ¢
Notice and Cuuplaint
Jannet t DeAmgustini
300 Marshall Street 2
West Chester, PA 19380
** Please make any refund payable to Ckrnberla~d County ~eriff
in your County.
Kindly make service thereof and send us your return of service.
Enclosed is the advance payment which you requested.
'Enclosures:
Very truly yours , .
' R. Thomas Kline, Sheriff
Cumberland County, Pennsylvania
,!
' '~ SHERIFF'S COSTS
In The Court of Common Pleas of Cumberland ~ok-~ly,
Dick~son College R~i'g~.
vs. SHERIFF'S OFF~uL Rece ~f ~o.
~atr~ ~a~st~i et al CHESTER COUNT% PA. ~ --
Last day to se;vic,]
SE~: Ja~ett ~st~i ~3~Y~-1 pH~.~0 03-2775 civiZ
July 30, 2003
, I, SHERIFF OF CUMBERLAND COUNTY, PA, do
hereby deputize the Sheriff of Chester
County to. execute this Writ, this
deputation being made at the request and risk of the Plaintiff.
Sheriff of Cumberland County, PA
Now~
within
upon
at
by handing to
a
and made known to
Affidavit of Service
,20 2, at
o'clock
copy of the original
So answers,
M. served the
the contents thereof.
Sworn and subscribed before
me this __ day of
,2O
Sheriffof
COSTS
SERVICE
MILEAGE
AFFIDAVIT
County, PA
DICKINSON COLLEGE,
Plaintiff
BEATRIZ DEAGUST1NI and
JANNETT DEAGUSTINI,
Defendants
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 03-2775
CIVIL ACTION-LAW
JURY TRIAL OF TWELVE DEMANDED
PRAECIPE
Please reinstate the attached Complaint to be served upon Jannett DeAgustini at 300
Marshall Street, Apt. 2, West Chester, PA 19380 and forward 'Io the Sheriff for service.
Date: September 25, 2003
~AR~TSON DEARDoR~F WILLIAMS & OTTO
DavidR. Gallow~,~ifi~re /
I. D. Number 87326 /
Ten East Hig.h, Street /
Carlisle, PA 11013 /
(717) 243-3341 /
Attorneys for Plaintiff
CERTIFICATE OF SERVICE
The undersigned hereby certifies that he did this date serve a copy of the foregoing
Answer upon the other party of record by causing same to be deposited in the
U.S. Mail, first class, postage prepaid, at Harrisburg, Pennsylvania, addressed as follows:
Robert G. Frey, Esquire
5 S. Hanover St.
Carlisle, PA 17013
Stanle~y"~M~tchell, Esquire
Date: September 24, 2003
No. 03-2887 Civil Term
Ridall v Vanasco
SHERIFF'S RETURN -
CASE NO: 2003-02775 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
DICKINSON COLLEGE
VS
DEAGUSTINI BEATRIZ ET AL
OUT OF COUNTY
R. Thomas Kline , Sheriff or Deputy Sheriff who being
duly sworn according to law, says, that he made a diligent search and
and inquiry for the within named DEFENDANT , to wit:
DEAGUSTINI JANNETT
but was unable to locate Her
deputized the sheriff of CHESTER
serve
in his bailiwick.
County,
the within COMPIJtINT & NOTICE
He therefore
Pennsylvania, to
On September 23rd , 2003
attached return from CHESTER
Sheriff's Costs:
Docketing 18.00
Out of County 9.00
Surcharge 10.00
.00
.00
37.00
09/23/2003
MDW&O
Sworn and
this
subscribed to before me
day of CO,ay/,.~.
A.D.
Prothonotary '
, this office was in receipt of the
R/ Thomas Kl~e~
Sheriff of CUmberland County
R. THOMAS KLINE
Shedff
--DWARD L. SCHORPP
Solicitor
o3 (LL ~
of. Um6e 7, rJERiFF,$ COS
TS
~~ Receipt No.
' Last aay to se~lce ~/~_ ~ JODY S. SMITH
Real Estate Depu~
OFFICE OF THE SHERIFF
One Courthouse Square
Carlisle, Pennsylvania 17013
TO: Hon. Carolyn Welsh
Chester County Sheriff
Dear Sir:
Enclosed please fred Notice and Couplaint,
to be served upon ~) Jannett DeA~ustini
300 Marshall Street 2
Dickinson College
VS
Beatriz DeAgustini et al
03-2775 civil
reinstated
West Chester, PA 19380
**Per the attorney, service is to be attempted (al defendant at no additional cost~
in your County.
Kindly make service thereof and send us your return of service.
Enclosed is the advance payment which you requested.
Very truly yours,
' R. Thomas Kline, Sheriff
Cumberland County, Pennsylvania
· In The Court of Common Pleas of Cumberland County, Pennsylvania
Dickinson Colle§e
VS.
Beatriz Dea~Ustini et al
SERVE: Jannett DeAgustini 03-2775 civil
No.
August 26, 2003
NOW,
hereby deputize the Sheriff of Chester
deputation being made at the request and risk of the Plaintiff.
Sheriff of Cumberland County, PA
, I, SHERIFF OF CUMBERLAND COUNTY, PA, do
County to. execute this Writ, this
Affidavit of Service
~OW~
,20 ,at o'clock~M, served the
upon
at
by handing to
a
and made known to
copy of the original
So answers,
the contents thereof.
Sworn and subscribed before
me this __ day of
,20
Sheriff of County, PA
COSTS
SERVICE
MILEAGE
AFFIDAVIT
DICKINSON COLLEGE,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
BEATRIZ DEAGUSTINI and
JANNETT DEAGUSTINI,
Defendants
NO. 03-2775
CIV1L ACTION-LAW
JURY TRIAL OF TWELVE DEMANDED
PRAECIPE
Please reinstate the attached Complaint to be served upon Defendants at 43 Washington
Mews, Port Chester, NY 10573 and forward to our office for se~wice.
Date: August 10, 2004
MARTSON DEARD~ri~F WILLIAMS & OTTO
B
David~. Galloway,X~uire
I. D. Number 87326
Ten East High Street
Carlisle, PA 17013
(717) 243-3341
Attorneys for Plaintiff
DICKiNSON COLLEGE,
Plaintiff
BEATRIZ DEAGUSTINI and
JANNETT DEAGUSTINI,
Defendants
IN THE COURT OF COMMON ]['LEAS OF
CUMBERLAND COUNTY, PE~NNSYL_VANIA
no. c; 3' WY"
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 yoa 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. IE 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
32 South Bedford Street
Carlisle, Pennsylvania 17013
Telephone (717) 249-31,66
MARTSON DEARDORFF I~rlLLIAMS & OTTO
David R.'Gralloway, Esquire "
I.D. Numb~x 87326
Ten East High Street
Carlisle, PA 17013
(717) 243-3341
Attorneys for Plaintiff
DICKINSON COLLEGE,
Plaintiff
BEATRIZ DEAGUSTINI and
JANNETT DEAGUSTINI,
Defendants
1N THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO.
CIVIL ACTI,ON-LAW
JURY TRIAL OF TWELVE DEMANDED
COM_PLAINT
AND NOW, comes Plaintiff Dickinson College by ~md 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, Beatriz DeAgustini, (hereinafter "Parent"), is an adult individual with a
last known address of 43 Washington Mews, Port Chester, New York 10573.
3. Defendant, Jarmett DeAgustini, (hereinafter "Student"), is an adult individual with
a last known address of 43 Washington Mews, Port Chester, New York 10573.
4. On or about August 26, 1996, Student entered into a Promissory Note - Federal
Perkins Loan Program (Note it 1) with Plaintiff for the financing of $2,000.00, plus interest and costs
by Student on her own behalf, for educational serwices and bemefits at Plaintiff's institution. A copy
of Note #1 is attached hereto as Exhibit "A."
5. On or about September 1, 1997, Student entered into an additional PromissoryNote -
Federal Perkins Loan Program (Note #2) with Plaintiff for the financing of $2,000.00, plus interest
and costs by Student on her own behalf, for educational services and benefits at Plaintiff's
institution. A copy of Note it2 is attached hereto as Exhibit "B."
6. On or about August 31, 1998, Student entered into an additional Promissory Note -
Federal Perkins Loan Program (Note it3) with Plaintiff for ~[he financing of $1,000.00, plus interest
and costs by Student on her own behalf, for education.al services and benefits at Plaintiff's
institution. A copy of Note #3 is attached hereto as Exhibit "C."
7. On or about December 31, 1999, Student entered into an additional Promissory Note -
Federal Perkins Loan Program (Note//4) with Plaintiff for the financing of $1,000.00, plus interest
and costs by Student on her own behalf, for educational services and benefits at Plaintiff's
institution. A copy of Note #4 is attached hereto as Exhibit "D."
8. On or about May 12, 2000, Parent and Student entered into a Promissory Note (Note
#5) with Plaintiff for the financing of $868.65, plus interest and costs by Parent and Student on their
own behalf, for educational services and benefits to Student at Plaintiff's institution. A copy of Note
#5 is attached hereto as Exhibit "E."
9. Note # 1, Note #2, Note #3, and Note//4 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 funds associated with the programs under the Act.
11. The total principal for Note #1, Note #2, Note #3, Note #4, and Note #5 is $6,868.55.
12. Note # 1, Note #2, Note #3, Note #4, and Note #5 grant Plaintiffreasonable collection
and attorneys' fees which Plaintiffhas calculated to be $1,0:30.29.
13. Plaintiff has fulfilled, performed and complied with all obligations and conditions of
Note #1, Note #2, Note #3, Note #4, and Note #5.
COUNT I
BREACH OF CONTRJtCT
DICKINSON COI ,I,EGE v. BEATR][Z DEAGUSTINI
14. Plaintiff hereby incorporates by reference the averments contained in Paragraphs 1
through 13 of this Complaint.
15. Parent breached the expressed and implied obligations, conditions and terms of
agreement of Note #5 by failing to pay the amounts financed therein.
16. As of May 20, 2003, the principal and interest due and payable by Parent to Plaintiff
was $624.59, plus interest accruing thereafter at $.09 per day
WHEREFORE, Plaintiff demands judgment against Defendant, Beatriz DeAgustini, in the
amount of $624.59, plus interest accruing at $.09 per day, collection and attorneys' fees in the
amount of $1,030.29 and costs of suit.
COUNT II
BREACH OF CONTRACT
DICKINSON COLLEGE v. JANNETT DEAGUSTINI
17. Plaintiff hereby incorporates by reference the averments contained in Paragraphs 1
through 16 of this Complaint.
18. Student breached the expressed and implied obligations, conditions and terms of
agreement of Note #1, Note #2, Note #3, Note #4, and Note #5 by failing to pay the amounts
financed therein.
19. As of May 20, 2003, the principal and interest due and payable by Student to Plaintiff
was $7,297.77, plus interest accruing thereafter at $.91 per day.
WHEREFORE, Plaintiff demands judgment against Defendant, Jannett DeAgustini, in the
amount of $7,297.77, plus interest accruing at $.91 per day', collection and attorneys' fees in the
amount of $1,030.29 and costs of suit.
COUNT III
IN QUANTUM MER U[T
DICKINSON COLLEGE v. JANNETT DEAGUSTINI
20. Plaintiffhereby incorporates by reference the averments contained in Paragraphs 1
through 19 of this Complaint.
21. Having requested Plaintiff to loan money, and doing so to the benefit of Student,
Student became liable to Plaintiff for said money.
22. Student has been unjustly enriched by accepting said money without paying Plaintiff
reasonable compensation therefor.
23. The total amount by which Student has become enriched is $7,297.77, plus interest
in the amount of $.91 per day.
WHEREFORE, Plaintiff demands judgment against Defendant, Jannett DeAgustini, in the
amount of $7,297.77, plus interest in the amount of $.91 per Clay, collection and attorneys' fees in
the amount of $1,030.29 and costs of suit.
Date: 7. ·
MARTSON DEARDORFF ~ILLIAMS & OTTO
BYDavid'R. ~~'''x'~''~ ~t/
I.D. Number 87326
Ten East High Street
Carlisle, PA 17013-3093
(717) 243-32,41
Attorneys for Plaintiff
FEDERAL PERKINS LOAN
pROMISSORY NOTE
1. Name (last, first, middle initial) and
Permanent Address (sla, eet, city, state, zip code)
DeAgustini, Jannette
2, S~cial Security Number
3. Date of Birth
4. Area Code/Telephone Number
_ q Iq q
5. Driver's License Number (List state abbreviation first)
6. School Name & Address (street, city, state, zip code)
Dickins~
P.O. Box 1773
c~rl~le, PA 17013-2896
7, Borrower Status 8. Interest Rate
9, Loan Amount: Period
$ 2 0 00.0 0 1996--97
TERMS AND CONDITIONS:
I.~ry b~:L-.t_-.d da,.=e ~ paragraph rmy be mc:uded at option of msut~dt~r:l
APPLICABLE LAW - The terms of this note and any disbursemen~ made under this note shall be lJr, tenpmted in accordance with Part E of Title IV of the Higher
Education Act of 1965. as amended (hereina~er ca~led the Act). as well as Federal regulatiom issued under the Act. All sums advanced under this note are subject to the
Act and Federal regulations issued under the Act.
REPAYMENT - ! am obligated to repay the principal and the interest that accrues on it to the abo~e-named institution (hereinafter caged the school) over a period
beginning 9 months (or sooner if I am a lea than a half-time borrower) after the date ! cease to be at least a half-time student at an Institution of higher education or a
comparable school ouulde the United States approved by the United States Secretary
request in writing that my repayment period begin sooner. [ understand that the school will report the amount of my tnstaJlment payments, along with the amount or thl
loan to a national credit bureau. Interest on this loan shaJl accrue from the beginning of the repayr~..nt period. My repayment period may be shorter than 19 yea~s ir I am
required by my school to make minimum monthly payments. Upon my written request my repa~m~.~nt period may he extended during periods or deferment, hardship, or
[orbearance and ! may make graduated instaJlmenU tn accordance with a schedule approved by the :~ecretary. I will make my I~staUment paymenL~ tn equal monthly,
bimonthly or quarterly instailmen~ as determined by the school. The school may round my instatln~ent payment to the next highest multiple of $5. [! will make a
minimum monthly repayment or $40 (or $30 ff I have outstanding FederaJ Perkins loans made before October 1. 199Z that included the $30 minimum payment option)
in accordance with the Ivtlntmum Monthly Payment Section of the Terms and Condisio~ containe~i on the reverse side or this document.!
LATE CHARGES - The school will impose late charges if ! do not n~ke a scheduled payment whe~l due or
the payment, a properly documented w~itten request that ! quaU~7 for any oi` the forbearance, deferment or cancellation beneftis as described below. Ho late charges may
exceed ~0% of my monthly, bimonthly or quarterly payment. The school may add the [ate charges IiO principal the day a~ter the scheduled repayment was due or include
it with the next schedtded repayment at, er I ha~e received notice of the charge, and such notice is s~nt bei`ore the next lmt~lment is due.
REQUESTS FOR DEFERMENT. CANCELLATION OR FORBEARANCE - To receive de{erment, cancellation, or forbearance beneRts. [ must make a written request
to the school and must submit to the school any documentation the school requires to peove my ellgibgity [or these henei`iis. I am t~spons[ble for submitting the
appropriate requests on time, and I may lose my hene[lts t~ ! fail to rde my request on
~)EFAULT - Il' I fail to make a scheduled payment when due; If [ raft to submit to the school, on nit before the due date of a scheduled payment, documentation that [
qualify for a dai`erment, cancellation, or forbearance; or if ! fall to comply with the terms and condRiom of this promissory note or w~ttten repayment agreement, the
school may. at tis option, declare my loan to ha in delauIt and may accelerate my loan (demand [m!rnediste payment of the entire unpaid balance or the laan. inc[udthg
principal, interest, late charges, and cogectinn costs). The school and the Secretary. it' my loan is a~signed to the Secretary for collection, shag alL, close to credit bureau
organLzations that [ have defaulted and all other relevant loan ini`ormation, ! will lose my rt&ht to defer payments and my right to forbearance if
wdl lose my right to receive cancellation henei`lis i`or set,ice that ts pa~formed alter the date the school accelerated the loan. ~ wiJl be Inehglb[e for any {urther federal
student t~nanciaJ assistance authorized under the Act until ! make arrangements that are satisfactory to the school or the ~ecretary to repay my loan.
CHANGE OF STATUS - I will inform the school oi` any chenge.th my name. address, telephone number, ~ocisl Security number, or driver's liceme number.
ASSIGNMENT - This note may be assigned by the school only to the United States. The provLsions
the assignee.
PROMISE TO PAY: I promise to pay the school, or a subsequent holder of the pro~L~so~y ~ote. the sum of amount(s) advanced to me under the terms of this Note. pk
interest and other [ees which may become due a~ provided in this ~ote. I promLse to pay aU reasor~able collection costs, including attorney ices and other charges.
necessary for the collection oi` any amotmt not paid when due. I wUI not sign this ~ote bei`ore readln§ it. including the provLsiorL~ on the reverse side. This loan ha~ been
made to me without security or endorsement, iv[y signature cert~les I have read. understand, and ~gre~ to the tern~ and conditions of thLs Promissory Note. THIB iS A
LOAN(S) THAT MUST BE REPAID
Borrow~r' s Signature 'EXHIBIT "A"
Date:
Dickinson College
Perk[ns pre-Loan Information Sheet
pLEASE pRINT
Date
Co 1 l~eqe Ad~dre s s:
Telephone Number
street (inc1 Apt. No.) ~) ~aMC~
Street (incl. Apt. No.)
city, State and zip code
Telephone Number
Social Sec.rlty No.
Drivere License No.
Exp. Graduation Date
Birthdate Oq ~ '~
I
Parent or Guardian:
Street (incl. Apt. No.) ~,~ Masnim.ron
city, State and Zip Code ~l ~ C~:t~r
Telephone Number q~q q37
Three references: (Individual~ who will always know 5~ou= address)
Street (incl. Apt. ~J.)
City, State and Zip Code
Na~e: , ~ .
Street (inc~. Apt.
10~3
FEDERAL PERKINS LOAN
PROMISSORY NOTE
00273-000-00-3218-09
1. Name (last, first, middle initial) and
Permanent Address (s~eet, city, state, zip code)
De Agustini, dannetti~
43 Washington Mews --
Pt. Chester, NY 10573-4511
2. Social Security Number
O~c~ ~k~/
3. Date of Birth
4. Area Code/Telephone Number
ci I q c~ .~- ~ ~- S'c/
5. Driver's License Number (List state abbreviation first)
6. SchoolName &Address ~e~,city, state, zip cod~
D±clcinson Col]_ege
P.O. B~c 1773
Ca~li~le, PA 17013-2896
Borrower Status 8. interest Rate
9. Loan Amount: 10. Loa Period
$2,000.00 1997-1998
TERMS AND CONDITIONS:
REQUESTS FOR DEFERMENT. CANCELLATION OR FORBEARANCE - To receive deferment, cancellation, or forbearance benefits, I must make a written reque
Borrower's Signature ~ EXI-IIBZT "B" Date:
DI G<I~ISObl COLLEGE
Account Ntunber 00273-000-00-3218-09
N~e of Borrower De Aqustini, Jannette
Address 43 Washington Mews
Pt. Chester, NY 10573-4511
ANN-UAL PERCENTAGE
RATE
The cost of your
credit as a yearly
rate.
Prior to During
repaymen= repay~uent
O % 5 %
AMOUNT FINANCED
The amount of
credit provided
to you.
$_2 ~000. O0
Itemization of the Amoun= Financed: $2,000.00
Amount given directly to you,
Late Charge:
If a paymen= is late, you may be charged: $1.00 for the first
late payment, and $2.00 for each subsequent late payment if
this Loan is payable monthly, $3.00 for each lace payment if
this loan is payable bimonthly, $6.00 for each late payment
if =his loan is payable quarterly.
Prepayment: If you pay off early, you will hOC have to pay a penalty.
See your promissory note for any additional Jkuformatiou about nonpayment, de-
fault, any required repayment in full before =he scheduled date, and pre-
payment.
THE BORROWER AC~NOW-~EDGES RECEIPT 0F ~ E~C~ COPY 0F ~!S STA~NT.
FEDEi AL PEI KIN$ LOAN
pROMISSORY NOTE
00273-000-00-3~18-09
1. Name (last, first, middle initial) and
Permanent Address (street, city, state, zip code)
~ De Agustini
43 Washington Mews.
Port Chester, NY 10573-3947
2. Social Security Number
.__069-74-1586
3. Date of Birth
4. Area Code/relephone Number
_~914) 937-2559
5. Driver's License Number (List state abbreviation first)
6. SchoolName&Address~eet, cRy, state, zipcode)
Dicki~so~College
P.O. Box 1773
Carlisle, PA 17013-2896
8. Interest Rate
Period
TERMS AND CONDITIONS: o
REQUESTS FOR DEFERMENT. CANCELLATION OR FORBEARANCE - To receive deferment, cancellation, or forbearance benefits. [ must make a written reque_~
LOAN(S) THAT MUST BE REPAID
~ISrrower'$ Signature
EXHIBIT "C"
D [GKINSON COLLEGE
Account Number 00273-000-00-3218-09
Name of Borrower Jan~h'e~t,e. De Aqustini
Address 43 Washington Mews.
Port Chester, NY 10573-3947
ANNUAL PERCLWTAGE
RATE
The cost of your
credit as a yearly
rate.
Prior to During
repaymen= repayment
0 % 5
AMOIR, F'F FINANCED
The amount of
credit provided
to you.
$__%~NNN NN
Itemization of the Amount Financed: $ 1,000.00
Amount given directly to you.
Late Charge:
If a payment is late, you may he charged: $1.00 for the firs=
late payment, and $2.00 for each subsequent late payment if
this loan is payable momthly, $3.00 for each late payment if
this loan is payable bimonthly, $6.00 for each late payment
if this loan is payable quarterly.
Prepayment: If you pay off early, you will n~__t have to pay a penalty.
See your promissory note for any additional imformation about nonpayment,
fault, any required repayment in full before =he scheduled date, and pre-
payment.
de-
~iE BORROWER A~-K~NOW-uEDGES RECEIPT OF AN E~%iACT COPY OF ~IS
ST~E~ ~6 INSTIT~I 0N~ ...
BO~O~R . ~p ~S~TATI~
DATE
STATEMENT.
F£DERAL PERKINS LOAN
pROMISSORY NOTE
1. Name (last, first, middle initial) and
Permanent Address (street, city, state, zip code)
6. School Name & Address (street, city, state, zip code)
D-i ckir~o~ College
P.O. Box 1773
Oar]_i~1~. PA 17013-2896
2. social security Number
3. Date of Birth
4. Area Code/Telephone Number
q I q - q %q -
5, Driver's License Number (List state abbrevJatioe first)
Borrower Status 8. Interest Rate
9. Loan Amount: ~10. Peri~
/000. O0 Qq - O0
TERMS AND CONDITIONS:
REQUESTS FOR DEFERMENT. CANCELLATION OR FORBEARANCE - TO receive defernnent, cancellation, or forbearance benefir~, [ must make a written toque
LOAN (S) THAT MUST BE REP.MD
"' )"'" ' t. L,-/C (. '~ .-~___"
Borrower's Signature
EXHIBIT "D"
Date:
O I Cf<INS ON COLLEGE
Account Number
of orro er-5
O0 r~ Ch e s~ r,
ANNUAL PERCENTAGE
RATE
The cost of your
credit as a yearly
Prior to During
repayment repayment
0 % 5
AMOU~rT FINANCED
T~e amount Of
credit provided
~o you.
$ /DO0,O0
Itemization of the Amount Financed:
Amount given directly to you.
Late charge:
If a payment is late, you may be charged: $1.00 for the first
late payment, and $2.00 for each subsequent late payment if
this loan ia payable mom~hly, $3.00 for each late payment if
~his loan is payable bimonthly, $6.00 for each late payment
if this loan is payable quarterly.
Prepayment: If you pay off early, you will n__c,~ have to pay a penalty.
See your promissory note for any addi=ional information about nonpayment,
fault, any required repayment in full before the scheduled date, and pre-
payment.
de-
DICKINSON COLLEGE FLEXIBLE FINANCING SYSTEM - PLAN B
EDUCATIONAL GOODS AND SERVICES RETAIL INSTALLMENT CONTRACT
May 12, 2000
I. Seller: Dickinson College, Carlisle, Pennsylvania 17013-2896
Buyer(s):
Jannett and Beatfiz DeAgustini
43 Washington Mews
Port Chester, NY 10573
If there is more than one Buyer, each of you will be obligated, jointly and severally, For all sums due and for
performance of all agreements as provided in this Educational Goods and Services Retail Installment Contract.('
"Contract").
Under the terms of this Contract, you have agreed to pay the expenses incurred for Goods and Services
hereinafter defined) to be provided and rendered, as the case may be, to Jarmett DeAgustini (hereinafter "Student") dun
his/her enrollment at Dickinson College during the 2000 academic year, including tuition, room and board, books
supplies as herein stated (collectively the "Goods and Services").
II. TERMS OF PAYMENT AND PAYMENT SCHEDULE
Disclosures Required by Federal Law
ANNUAL
PERCENTAGE
R~TE:*
Cost of credit as
yearly rate
8.75 %
FINANCE
CHARGE:
Dollar amount
credit will
cost buyer
$ 421.27
AMOUNT
FINANCED:
Amount of credit
provided by
Dickinson College
868.65
Rev 10/99
TOTAL OF
PAYMENTS:
Amount paid by
Buyer as total
of all scheduled
payments
$1,289.92
TOTA~L SALE
PRICE:
Total cost of
purchase on
credit, including
down payment of
$ 28,866.35
$ 29,735.00
EXHIBIT "E"
DeAgustini
Buyer's payment schedule will be as follows:
Number of Payments Amount of Payments When Payments are Due
116 $ l 1.12 Monthly commeneing 06/28/00 until 06/28/09
*Variable Rate:
The initial ANNUAL PERCENTAGE RATE disclosed above is a variable rate and may
change(increase or decrease) from time to time. The ANNUAL PERCENTAGE RATE may
increase or decrease during the term of this transaction if the prime rate of interest announced
the Wall Street Journal as of the close of business on June 30 of each calendar year increases o
decreases, and will be increased or decreased to the prime rate plus 1%. The ANNUAL
PERCENTAGE RATE ~vil! not increase, or decrease, more than once a year, and the new
interest rate will become effective on July 1 following the increase or decrease, if any, in the
prime rate of interest. Any increase will be in the: form of higher payment amounts. If your co
of the Goods and Services sold hereunder were $868.65 at 8.75% per annum for 116 months m
the prime rate plus l% were increased to 9.75%, your regular monthly payments would increas
to $11.59. Further, the ANNUAL PERCENTAGE RATE will not increase to more than 18%
such other rate as may be permitted under Pennsylvania law.
Late Charge:
Ifa payment is more than 15 days late, a sum equivalent to 5% of the late payment (but no mo~
than $2.50 and not less than $1.00) may be charged.
Prepayment:
Buyer may prepay the unpaid balance of the AMOUNT FINANCED and any FINANCE
CHARGE due through the date of early payment, in full or in art, without penalty.
SEE SECTION VI OF THE CONTRACT BELOW FOR ANY ADDITIONAL 12xlFORMATION ABOUT NON-
PAYMENT, DEFAULT AND REQUIRED REPAYMENT BEFORIE THE SCHEDULED DATE FOR
P,_EPAYMENT OF THE AMOUNT FINANCED.
2.
3.
4.
5.
131I. ITEMIZATION OF AMOUNT FINANCED
Cash price of Goods and Services:
Total down payment:
Unpaid balance of cash price (I - 2):
Amount paid to others on Buyer's behalfi
Amount Financed (3 + 4):
29,735.
28,866.
868
IV CREDIT iNSURANCE
Credit life insurance for the term of this Contract is not required.
V. NO WARRANTIES
THERE ~ NO WARRANTIES, EITHER EXPRESSED OR IM~PLIED, GIVEN BY' SELLER IN CONNECTION WITI-I
sALE OF THE GOODS AND SERVICES COVERED BY THIS CONTP,~.CT UNLESS BUYER HAS BEEN GIVEN A SEPARATE
WRITTEN WARRANTY.
VI. ADDITIONAL PROVISIONS
Buyer agrees to pay Seller the Total Sale Price by making the total down payment and paying Seller the Total of Payments in the
number and amount of monthly payments shown in the Payment Schedule. Payments are due on or before the same date of each
month as the first payment date. Payments must be made to EFG Technologies, Inc. at the following address:
EFG Technologies, Inc.
PO Box 2901
Winston-Salem NC 27102
Buyer's legal rights include the right to pay all or part of the arr~otmts due on this Contract in advance of their due dates, to obtair
refund or credit of unearned Finance Charge whenever the amoUnt is paid in full in advance, and (with Seller's consent) to
reinstate the Contract if Buyer timely cures any default.
3. Buyer shall be deemed to have comm/tted an "Event of Default" of the Contract upon the occurrence of any of the following:
(a)
(b)
(c)
(d)
(e)
failure to make any payment on or before the date it is due,
failure to make a payment on any other Contract outstanding with Seller,
failure to perform any other provision of the Contract,
providing Seller with false information or signatures,
death, incompetence, or conviction of any Buyer of crime involving fraud or dishonesty,
insolvency or bankruptcy of any Buyer.
Upon or after the occu~ence of any Event of Default, Seller will provide Buyer with notice, by certified mail as required by law,
addressed to Buyers last known address as shown on Seller's records, advising Buyer of the default and of Buyer's right to cure tl
default. The notice will provide the time, amotmt and perfommnce necessary to cure the default. If Buyer does not cure the
default as provided in the notice, Seller's rights shall include the right to declare all smms due on the Contract to be immediately
due and payable. The Buyer agrees to pay all attorney's fees and other reasonable collection costs and charges necessary for the
collection of any amount not paid when due.
Waiver by Seller of any Event of Default shall not be binding upon Seller if Seller should thereafter choose to exercise that or an
other hght or a sirdilar Event of Default occurs later. All Seller's fights and remedies shall be cumulative. Seller's exercise of ma
or more rights shall not cause Seller to lose any other rights.
This Contract is freely assignable by Seller. Buyer agrees that upon receiving notice of the assignment Buyer shall be obligated
the Assignee of this Contract, wkich Assignee shall have all of Seller's right and remedies.
7. If any part of this Contract is held to be illegal, void or unenforceable, that provision shall be deemed not to have been a part of
this Contract, which shall otherw/se remain fully effective.
APPLICABLE LAW: Tiffs Agreement, whenever called upon to be cottsmied, shall be governed by the domestic internal laws
fire Commonwealth of Penusylvarda except to the extent supplemented, superseded or preempted by federal law.
CONSENT TO JIJRISDICTION, VENUE AND SERVICE: The parties to this Agreement consent and agree that all legal
proceedings relating to the subject matter hereof shall be maintained in the Court of Common Pleas of Cmnberland County,
Pennsylvania, or, if applicable, the United States District Court of the Middle District of Pennsylvaina, and all parties hereto
consent and agree that jurisdiction and venue for such proceedings shall lie exclusively within said court. Service of process in
any such proceeding may be made by certified mail, return receipt requested, directed to the respective party at the address set
forth above.
10. This Contract shall be binding upon the parties hereto, their heirs, successers, assigns and legal representatives.
11. TIME IS OF THE ESSENCE OF THIS CONTRACT.
NOTICE: ANY HOLDER OF THIS CONSUMER CREDIT CONTRACT IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH
THE DEBTOR COULD ASSERT AGAINST THE SELLER OF GOODS OR SERVICES OBTAINED PURSUANT HERETO OR
WITH THE PROCEEDS HEKEOF. RECOVERY HEREUNDER BY THE DEBTOR SHALL NOT EXCEED AMOUNTS PAl/) BY
THE DEBTOR HERELrNDER.
NOTICE TO BUYER: (l) DO NOT SIGN THIS AGREEMENT BEFORE YOU READ IT OR 1t* 1T CONTAINS AIq'Y BLANK
SPACE. (2) YOU ARE ENTITLED TO A COMPLETELY FILLED-IN COPY OF THIS AGREEMENT. (3) UNDER THE LAW,
YOU HAVE THE RIGHT TO PAY OFF IN ADVANCE THE FULL AMOUNT DUE AND UNDER CERTAIN CONDITIONS TO
OBTAIN A PARTIAL REFUND OF THE FINANCE CHARGE.
BUYER(S) ACICNOWLEDGE(S) RECEIVING A COMPLETED COP'/' OF THIS CONTKACT AND INTEND(S) TO BE
TERMS.
LEGALLY BOUND BY ITS ..,
I AGREE TO REPAY ALL AMOUNTS DUE ON THIS LOAN [F THE BOILROWER(S)/BUYER(S) FAILS TO DO SO 12,I
ACCORDANCE WITH THE TERMS OF THE NOTE:
TRANSCRIPT OF A STUDENT'S RECORI~ WILL NOT BE RELEASED IF
LOAN PAYMENTS TO TI-IE COLLEGE ARE 1N ARREARS OR DEFAULT.
DATE:
Plan B
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 provi.des that if I knowingly make false
averments, I may be subject to criminal penalties.
Dickinson College
Thomas Me'./er)e~
Assistant Treasurer of Dickinson College
Dated: /~/'~ 2/~'~
F:~FILES~DAT AFI LE~!3ickinsonC ollege7619\C olIections\Curr cnt\ 175 pta3
Created: 11/9/04 11:02AM
Revised: 11/9/04 11 04AM
7619CA75
David R. Galloway, Esquire
MARTSON DEARDORFF WILLIAMS & OTTO
10 E. High Street
Carlisle, PA 17013
(717) 243-3341
Attomeys for Plaintiff
DICKINSON COLLEGE,
Plaintiff
Vo
BEATRIZ DEAGUSTINI and
JANNETT DEAGUSTINI,
Defendants
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 03-2775
CWIL ACTION-LAW
JURY TRIAL OF TWELVE DEMANDED
Date:
PRAECIPE TO SETTLE, DISCONTINUE & END
Plaintiff requests the above-captioned matter be marked settled, discontinued and ended.
IAMS & OTTO
David R. Gallo~, Es't~re \
I. D. Number 87326 \
10 E. High Street \
Carlisle, PA 17013
(717) 243-3341
November 9, 2004 Attorneys for Plaintiff
CERTIFICATE OF SERVICE
I, Jean Taylor, an authorized agent ofMartson DeardorffWilliams & 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:
Ms. Jannett DeAgustini
43 Washington Mews
Port Chester, NY 10573
MARTSON DEARDORF~S & OTTO
By~~..~(/~ ~
JeanT~ ~)r ' ~/
(717) 243-3341
Dated: November 9, 2004