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HomeMy WebLinkAbout03-2774 F:\FILE$IDAT AFILElDickinson College 7619lDickinsonCollegeCoUections7619CIDocumentsl147_comllcny Created:5119/038:41:45AM Revised5123/038:5333AM 7619C.147 DICKINSON COLLEGE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v. NO. 0'3 - ;)77r CNIL ACTION-LAW GILLIAN M. SKULTE, Defendant 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 By I R. Galloway, LD. Number 87326 Ten East High Street Carlisle, P A 17013 (717) 243-3341 Attorneys for Plaintiff Date: 6/t2/P3 DICKINSON COLLEGE, Plaintiff v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA NO. 0:1 ~ ;1. 1 ;'f CNIL ACTION-LAW GILLIAN M. SKUL TE, Defendant JURY TRIAL OF TWELVE DEMANDED COMPLAINT AND NOW, comes Plaintiff Dickinson College by and through its attorneys, MARTS ON 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 is an adult individual with a last known address of P.O. Box 1897, Cotuit, Massachusetts 02635-1897. 3. On or about August 26, 1996, Defendant entered into a Promissory Note _ Federal Perkins Loan Program (Note #1) with Plaintiffforthe financing of$2,000.00, plus interest and costs by Defendant on his own behalf, for educational services and benefits at Plaintiffs institution. A copy of Note #1 is attached hereto as Exhibit "A." 4. On or about October 24, 1997, Defendant entered into an additional Promissory Note - Federal Perkins Loan Program (Note #2) with Plaintifffor the financing of$1 ,000.00, plus interest and costs by Defendant on his own behalf, for educational services and benefits at Plaintiffs institution. A copy of Note #2 is attached hereto as Exhibit "B." 5. Note #1 and Note #2 are funds created under Part E of Title N 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. 6. 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. 7. The total principal for Note #1 and Note #2 is $3,000.00. 8. Note #1 and Note #2 grant Plaintiff reasonable collection and attorney's fees which Plaintiff has calculated to be $500.00. 9. As of May 20, 2003, the principal and interest due and payable by Defendant to Plaintiff was $3,009.09, plus interest accruing thereafter at $.39 per day. 10. The outstanding balance of$3,009.09 represents the total and actual overdue value of the financing provided to Defendant under Note # 1 and Note #2 for which Defendant has yet to pay. 11. Plaintiffhas fulfilled, performed and complied with all obligations and conditions of Note #1 and Note #2. COUNT I BREACH OF CONTRACT 12. Plaintiff hereby incorporates by reference the averments contained in Paragraphs 1 through 11 of this Complaint. 13. Defendant breached the expressed and implied obligations, conditions and terms of agreement of Note #1 and Note #2 by failing to pay the amounts financed therein. WHEREFORE, Plaintiff demands judgment against Defendant in the amount of$3,009.09, plus interest accruing at $.39 per day, collection and attorneys' fees in the amount of$500.00 and costs of suit. COUNT II IN QUANTUM MERUIT 14. Plaintiff hereby incorporates by reference the averments contained in Paragraphs 1 through 13 of this Complaint. 15. Having requested Plaintiff to loan money, and doing so to the benefit of Defendant, Defendant became liable to Plaintiff for said money. 16. Defendant has been unjustly enriched by accepting said money without paying Plaintiff reasonable compensation therefor. 17. The total amount by which Defendant has become enriched is $3,009.09, plus interest in the amount of $.39 per day. 18. Defendant is liable to Plaintiff and/or has been unjustly enriched in the amount of $3,009.09, plus interest accruing at $.39 per day. WHEREFORE, Plaintiff demands jUdgment against Defendant in the amount of$3,009.09, plus interest accruing at $.39 per day, collection and attorneys' fees in the amount of $500.00 and costs of suit. Date: '-/2/03 By David R. Galloway I.D. Number 87326 Ten East High Street Carlisle, PA 17013-3093 (717) 243-3341 Attorneys for Plaintiff ExhIbit A FEDERAL PERKINS LOAN PROMISSORY NOTE j)c' .J,j --u _c':, /' ".. j,J Section A Borrower Section 1. Name (last, first, middle initial) and Permanent Address (street, c~y, state, zip code) 2. Social Secur~y Number Skulte, Gillian M. ;3:ll C'O(\CO \0 ,d SU0'()0'~) \00... O\ll~ 3. Date of Birth 7~ 50'2 - L..(L- 3- 3,ao1. 5. Driver's Ucense Number (List state abbreviation first) 6. School Name & Address (street, c~y, state, zip code) DicIdnscn College P.O. Box 1773 Carlisle. PA 17013-2896 7. Borrower Status :[)Hall-tmeor_OLess_haf._ 5% 9. Loan Amount: 10. Loan Period $2000.00 1996-97 TERMS AND CONDITIONS: (Any bra:keted clause or paragraph may be irrluded at option of institution. J APPLICABLE LAW - Th~ terms ofthls note and any dlsbunements made under this note shall be interp~ted In accordance with Part E of Tille IV afthl! Higher Education Act of 1965. as amended (hereinafter called the Act). as well as Federal regulations issued under the Act. All sums advanced under thb note are subject to the Act and Federal regulations issued under the Act. REPAYMENT - I am obligated to repay the principal and the interest that accrues on it to the above-named institution (hereinafter called the school) aver a period beginning 9 months (or sooner if I am a less than a half-time borrower) after the date I cease to be at least a half-time student at an Institution of higher education or a comparable school outside the United States approved by the United States Secretary of Education (he~lnafter called the Secretary) and ending 10 yean later. urness I request in writing that my repayment perJod begin sooner. I undentand that the school will report the amount of my installment payments. along with the amount of this loan to a national credit bureau. Interest on this loan shall accrue from the beginning of the repayment period. My repayment period may be shorter than 10 years if I am required by my school to make minimum monthly payments. Upon my written request my repayment period may be extll!nded during periods of deferment. hardship. or forbearance and I may make graduated installments in accordance with a schedule approved by the Secrmary. I wiD make my Installment paymll!nu In equal monthly. bimonthly or quarterly installments as determined by the school. The school may round my installment payment to the next highest multiple of $5. (I will make a minimum monthly repayment of $40 (or $30 if I haw outstanding Federal Perkins loans made before October 1. 1992 that Included the 130 minimum payment option) in accordance with the Minimum Monthly Payment Section of the Terms and Conditions contained on the rewrse side of this document.] LATE CHARGES. The school will impose late charges if J do not make a scheduled payment when due or if I faU to submit to the school on or before the due date of the payment. a properly doc:umented written request that I quallfy for any of the forbearance. deferment 01 cancellation benefits as described below. No late charges may exceed 20% of my monthly. bimonthly or quarterly payment. The school may add the late charges to prmcipal the day after the scheduled repayment was due or include It With the next scheduled repayment after I have received notice of the charge, and such notice is sent before the next installment is due. REQUESTS FOR DEFERMENT. CANCELLATION OR FORBEARANCE - To receive deferment. cancellation. or forbearance benefits, I must make a written request to the school and must submit to the school any documentation the school ~ulres to prove my eligibility for these benefits. I am responsible for submitting the appropriate requests on time. and I may lose my benefits if I faU to file my request on time. DEFAULT - If I fail to make a scheduled payn:rent when due; if I faU to submit to the school, on or before the due datil! of a scheduled payment. documentation that I qualify for a deferment. cancellation. or forbearance; or if I fail to comply with the terms and conditions of this promissory note or written repayment agreement. the school may. at its option. declare my loan to be in default and may accelerate my loan (demand Immediate payment of the entire unpaid balance of the loan. including principal. interest. Jate charges. and collection costs). The school. and the Secretary. if my loan is assigned to the Secretary for collection. shall disclose to credit bureau organizations that I haw defaulted and all othl!!r relevant loan information. I will lose my right to defer plymeou and my right to forbearance if I default on my loan. J wUllose my right to receive cancellation benefits for service that is performed after the date the school accelerated the loan. I wUl be Ineligible for any further federal student financial assistance authorized under the Act until I make arrangements that are satisfactory to the school or the Secretary to npay my loan. CHANGE OF STATUS - I will inform the school of any change in my name. address. telephone number. Social Securtty number. or driwr's license number. ASSIGNMENT - This note may be assigned by thll! school only to the Untt~ States. The provisiON oltMs note that relate to the school shall where appropriate relate to the assignee. PROMISE TO PAY: I promise to pay the school. or a subsequent holder of the Promissory Note, the sum of amount(s) advanced to me under the terms of this Note. plus interest and other fees which may become due as provided in this Note. I promise to pay all reasonable collection costs. Including attorney fees and other charges. necessary for the collection of any amount not paid when due. I will not Sign this Note before reading it. including the provisions on the reverse side. This loan has been made to me without security or endorsement. My signature certifies I have read. understand. and agree tel the terms and conditions of this PromissClry Note. THIS IS A WANtS) THAT MUST BE REPAID ,/ -/ l/1 1/..... (/f~ ,,~j.1 /.. Ii 111. Borrower's ~;gnature >.' ) u "t, c( (c EXHIBIT "A" Date: Terms and Conditions (cant.) HARDSHIP REPAYMENT OPTIONS - Upon my written request. if I qualify as a low-income individual during the repayment period. the school may extend the repayment period lor up to an additional ten (10) years and may adjust any repayment schedule to reflect my income. Upon my written request. the school may extend the repayment period if. in its opinion, prolonged illness or nnemployment prevent me from making the scheduled repayments during which time interest will continue to accrue. The school may permit me to pay less than the minimum monthly repayment rate for a period of not more than one year at a time if I experience a period of prolonged illness or nnemployment except such action may not extend the repayment period beyond 10 years. GRACE PERIODS - My initial grace period belore beginning repayment is 9 months. If I am a Less- Than-HaIf- Time Borrower with outstanding Federal Perkins Loans. my repayment begins when the next scheduled installment of my outstanding loan is due. If I am a Less-TI1an-Half-Tune Borrower with no outstanding Federal Perkins Loans. my repayment begins the earlier of: 9 months from the date my loan was made. or 9 months from the date I became less than a half-time student, even if I received the loan after I became a less than half-time student. My payments will resume after a post-defennent grace period 016 months thatloUows deferments that apply to Federal P...klm loans. PREPAYMENf . I may prepay aU or any part of my unpaid loan balance. plus any accrued interest. at any time wtthout penalty. Amounts I repay in the academic year in which the loan was made and before the initial grace period has ended will be used to reduce the amount of the loan and will not be considered a prepayment. If I repay amounts during the academic year in which the loan was made and the initial grace period ended. only those amounts in excess of the amount due for any repayment period shall be considered a prepayment. If. in an academic year other than the award year in which the loan was made. I repay more than the amount due for an install- ment. the excess will be used to repay principal unless I designate it as an advance payment of the next regular installment. MINIMUM MONTI-lLY PAYMENT - I will make a minimum monthly repayment of $40 (or $30 if I have outstanding Federal Perkins loans made before October 1, 1992 that included. the $30 minimwn payment option) if required by the school. If the total monthly repayment rate on this loan and any outstanding Federal Perkins loans I may have is less than the minimum monthly repayment rate estabUshed by the school. the school may still require a minimum monthly repayment rate. A minimum monthly repayment amount will combine my obligation on this and all my outstanding Federal Perkins loans. including those made at other schools. The portion of the minimum monthly payment that will be applied to this loan will be the difference between the minimum monthly payment and the total amounts owed at a monthly rate on my other Federal Perkins loans. If each school holding my outstanding Federal Perkins loans exercises the minimum monthly payment option. the minimum monthly repayment will be divided among the schools in proportion to the amount of principal advanced by each school. FORBEARANCE - Upon making a properly documented written request 10 the school. I am entitled to forbearance of principal and interest or principal only, renewable at intervals up to 12 months for periods that collectively do not exceed three years, under the following conditions: If my monthly Title IV loan debt bW'den equa1s or exceeds 20% of my total monthly gross income: if the Secretary authorizes a period of forbearance due to a national military mobilization or other national emergency;. or if the school determines that I qua1tfy due to poor health or for other reasons, including service in AmeriCorps. Interest accrues during any period ollorbearance. DEFERMENTS - Upon making a properly documented written request to the school. I may defer making scheduled installment payments and will not be liable for any interest that might otherwise accrue 1) during any period that I am: enrolled and attending as a regular student in at least a half-time course of study at an eligible school; enrolled and attending as a regular student a graduate fellowship program approved. by the Secretary: engaged in graduate or post-graduate fellowship-supported study outside the US; enrolled and attending a rehabilitation training program for disabled individuals approved by the Secretary: engaged in public service that qualifies me to have part or all of my loan canceled: 2) for a period not to exceed three years during which I am seeking but nnable to fmd fuU-time employment, 3) for a period not to exceed three years during which I am experiencing an economic hardship as determined by the school. I am not eligible for a deferment while serving in a medical internship or residency program. I may continue to defer making .scheduled installment payments and will not be liable for any interest that might otherwise accrue for a six-month period immediately following the expiration of any deferment period described in this paragraph. CANCELLATIONS - Upon making a properly documented written request to the school, I am entitled to have up to 100% of the original principal loan amount of this loan canceled if I perform qualifying service in the areas listed in paragrnphs A. B, C, D and E below. Qualifying Service must be perrormed after I receive the loan. A. Teaching. a full-time teacher in a public or other nonprofit elementary or secondary school. that has been designated by the Secretary in accordance with the provisiOns of section 465 (a) (2) of the Act as a school with a high concentration of students from low-income families. An official Directory of designated low-income schools is published armually by the Secretary. . a rull- time special education teacher in a public or nonprofit elementary or secondary school system. . a full-time teacher. in a public or other nonprofit elementary or secondary school system. who teaches mathematics. science, foreign languages. bUingual education, or any other field of expertise that is determined by the State Department of Education to have a shortage of qualified teachers in that State. B. Early Intervention Services. a fuJI-time qualified professional provider of early intervention seIVices in a public or other nonprofit program under public supervision by a lead agency as authori2ed by section 672(2) of the Individuals with Disabilities Education Act. Early Intervention Services are provided to infants and toddlers with disabilities. C. Law Enforcement or Corrections Officer. a full-time law enforcement officer for an eligible local. State. or Fedel"allaw enforcement agency; or . a full-time corrections officer for an eligible local. State. or Federal corrections agency. D. Nurse or Medical Technician. a fuJl.time mm;e providing health care services: or . a full-time medical technician providing health care services. E, Child or Family Service Agency. a fuIJ-time employee of an eligible public or private non-profit chUd or family service agency who is providing or supervising the provision of services to high-risk children who are from low- income communities and the families of such children. Cancellation Rates. For each completed year of service under paragraphs A. B. C. D and E a portion of this loan will be canceled at the following rates: . 15% of the original principal loan amolUlt for each of the flTSt and second years; . 20% of the original principal loan amount for each of the third. year and fourth years: and . 30% of the original principal loan amount for the fifth year. E Head Start Cancellation - Upon making a properly documented written request to the school. I am entitled to have up to 100% of the original princtpalloan amount canceJed for qualifying service perfonned after I receive the loan as: . a fuJI-time staff member in the educational component of a Head Start program which is operated for a period comparable to a full school year and which pays a salary comparable to an employee of the local educa- tional agency_ Cancellation Rate - For each completed year of service under the Head Start Cancellation provision, this loan will be canceled at the rate of 15% of the original princtpalloan amount. G. Military Cancellation - Upon making a properly documented written request to the school. I am entitled to have up to 50% of the principal amount of this loan canceled for qualifying service perfonned after I receive the loan as: . a member of the Anned Forces of the United States in an area of hostilities that qualifies for special pay under section 310 of Title 37 of the United Stales Code. Cancellation Rate - For each completed year of service under the Military Cancellation provision. this loan will be canceled at the rate of 12 1/2% of the original principal loan amount. H. Volunteer Service Cancellation - Upon making a properly documented written request to the school, I am entitled to have up to 70% of the original principal Joan 'amount of this loan canceled for qualifying service perfonned after I received the loan as: . a volunteer under the Peace Corps Act; . a volunteer under the Domestic Volunteer Service Act of 1973 (ACTION programs) . Cancellation Rate - For each completed year of service under the Volunteer Service Cancellation provision. a portion of this loan will be canceled at the following rates: . 15% of the original principal loan amount for each of the first and second 12-month periods of service: and. 20% of the original principal loan amount for each of the third and fourth 12-month periods ofservtce. 1. Death and Disability Cancellation - In the event of my death, the school will cancel the total amount owed on this loan. If I become permanently and totally disabled after I receive this loan, the school will cancel the total amount owed on this loan. Exhibit B FEDERAL PERKINS LOAN PROMISSORY NOTE 00273-000-00-3327-09 f' / )'"\~\,- / ! '. n ..- -->/;2. ~I I Section A Borrower Section ~ 1. Name (last, first, middle initial) and Permanent Address (street. city, state. zip code) Skulte, Gillian M. 377 Concord Rd. Sudbury, MA 01776-1822 2. Social Security Number J..5 -~ 2. - ~'8 \q 3. Date of Birth OCl -n '). U 4. Area CodefTelephone Number 503 -Lju,')- <::,d-.O"').... 5. OrNer's License Number (Ust state abbreviation first) 5 6. School Name & Address (street, c~y, state, zip code) DickinsCKl College P.O. Box 1773 Carlisle. PA 17013-2896 (] Halt'.timeorgreater 0 Less than half-time 5% 9. Loan Amount: 10. Loan Period $1 000.00 1997-1998 TERMS AND CONDITIONS: IAny bra:keted clause or pmagraph may be included at option of institution.] APPLICABLE LAW - The terms of this note and any disbursements made under this note shall be interpreted in accordance with Part E of Title IV of the Higher Education Act of t 965. as amended (hereinafter called the Act), as wet! as Federal regulations issued under the Act. All sums advanced under this note are subject to the Act and Federal regulations issued under the Act. REPAYMENT. I am obligated to repay the principal and the interest that accrues on it to the above-named institution (hereinafter called the school) over a period beginning 9 months (or sooner if I am a, ]ess than a half-time borrower) after the date I cease to be at least a half-time student at an Institution of higher education or a comparable schoo] outside the United States approved by the United States Secretary of Education (hereinafter called the Secretary) and ending to years later, unless I request in writing that my repayment period begin sooner. r understand that the school will report the amount of my installment payments, along with the amount of this loan to a national credit bureau. Interest on this loan shall accrue from the beginning of the repayment period. My repayment period may be shorter than 10 years if I am required by my schoo] to make minimum monthly payments. Upon my written request my repayment period may be extended during periods of deferment, hardship, or forbearance and I may make graduated installments in accordance with a schedule approved by the Secretary, I will make my installment payments in equal monthly, bimonthly or quanerly installments as determined by the school. The school may round my installment payment to the next highest multiple of $5. [I will make a minimum monthly repayment of $40 (or $30 if I have outstanding Federal Perkins loans made before October I, 1992 that included the S30 minimum payment option) in accordance with the Minimum Monthly Paym~nt Section of the Terms and Conditions contained on the reverse side of this document,] LATE CHARGES - The school will impose late charges if I do not make a scheduled payment when due or if I fail to submit to the school on or before the due date of the payment. a properly documented written request that I qualify for any of the forbearance, deferment or cancellation benefits as described below. No late charges may exceed 20% of my monthly. bimonthly or quarterly payment. The school may add the late charges to principal the day after the scheduled repayment was due or include it with the next scheduled repayment after I have received notice of the charge. and such notice is sent before the next installment is due. REQUESTS FOR DEFERMENT. CANCELLATION OR FORBEARANCE - To receive deferment, cancellation, or forbearance benefits. I must make a written request to the school and must submit to the school any documentation the school requires to prove my eligibility for these benefits. I am responsible for submitting the appropriate requests on time. and I may lose my benefits if I fail to me my request on time. DEFAULT - If I fail to make a scheduled payment when due: if I fail to submit to the school, on or before the due date of a scheduled payment. documentation that I qualify for a deferment. cancellation, or forbearance: or if r fail to comply with the terrns and conditions of this promissory note or written repayment agreement. the school may. at its option. declare my loan to be in default and may accelerate my loan (demand immediate payment of the entire unpaid balance of the loan, including principal. interest. late charges, and collection costs), The school. and the Secretary, if my loan is assigned to the Secretary for collection, shall disclose to credit bureau organizations that I have defaulted and all other relevant loan information. I will lose my right to defer payments and my right to forbearance if I default on my loan. I will lose my right to receive cancellation benefits for service that is performed after the date the school accelerated the loan. I will be ineligible for any further federal student financial assistance authorized under the Act until I make arrangements that are satisfactory to the school or the Secretary to repay my loan. CHANGE OF STATUS - I will inform the school of any change in my name, address, telephone number. Social Security number, or driver's license number. ASSIGNMENT. This note may be assigned by the school only to the United States. The provisions of this note that relate to the school shall where appropriate relate to the assignee PROMISE TO PAY: I promise to pay the school, or a subsequent holder of the Promissory Note. the sum of amount(s) advanced to me under the terms of this Note, plus Interest and other fees which may become due as provided in this Note, I promise to pay all reasonable collection costs, including attorney fees and other charges. necessary for the collection of any amount not paid when due, I will not sign this Note before reading it. including the provisions on the reverse side, This loan has been made to me without security or endorsement My signature certifies I have read, understand. and agree to the terms and conditions of this Promissory Note. THIS IS A LOAN(SI THAT MUST BE REPAID G~~ Barr \'5 Signature EXHIBIT "B" vJ I Z'-f fCil- Date: v/ Terms and Conditions (cont.) HARDSHIP RFP.\Y\1ENT OPTIONS l"pon llW \'.Tillf'n n'qUl~st. if I qualify as (I low income IlldivHlual during lilt-' repayment perion. the school may extend the repayment period for up to an additional ten (10) years and may adiust any repayment schedule to reflect my income. Upon my written request. the school molY extend the repayment period if. in its opinion, prolonged 1I1111'-S.-'> Dr unemp]ovrnent prevent me from making the scheduled repayments during ',>,.hich time interest will continue to accrue. The school may pemlil me to pay les.... than the minimum monthly repayment rate for a periorl of not mort' than O[l(' year at a time if I experience a period of prolonged illness Of unemployment except such action may not extend the repayment period beyond 10 Yt'MS. GRA.CE PERIODS. i'vl.' initial grace period before beginning repayment is 9 months, If I am a Less.Than-Half-Time Borrower with outstanding Federal Perkins Loans. mv repayment ()f'gins when the next scheduled installment of my outstanding loan is due. If I am a Less-Than-Half-Time Borrower with no outstanding Federal Pr'rkins Loans. my repayment begins the earlier of: 9 months from the clate my loan was made. or 9 months from the date I became less than a half-time student. even if I received the loan after I became a less than half-time student. My payments will reswne after a post-deferment grace period of 6 months that follows deferments that apply to Federal Perkins loans. PREPAYMENT - I may prep,-IY all or any part of my unpaid loan balance. plus any accrued intere;t, at any time 'Nithout penalty. Amounts I repay in the academic year in which the loan was made and before the initial grace period has l'ndf'd \\fill be used to rpduce the amount of the loan and will not be considered a prepayment. If I repay' amounts during the academic year in which the loan was made and the initial grace period ended. only those amounts in excess uf the amount due for any repayment perion shall be consirlererl ;-l prepayment. If. in an acanl'mic year other than the award year in which tht~ loan was made. I repay more than the amount nue for an install- ment, the t'xu's.'> will tw u$f'rl to n~pav principal unless I designate it as an advdllce p,j\TI1f'nt of the lWXt regular installment. MINIMUM MONTHLY PAYMENT - I will make a minimum monthly repayment of $-10 (or $30 if I have o'utstanding Federal Perkins loans made before October 1 1992 that included the $30 rninimum payment option) if required by the school. if the total monthly repayment rate on this loan and any outstanding Federal Perkins loans I may have is less than (he minimum monthly repavment rate established by the schooL the school may still require a minimum monthly repavment rate. A minimum monthly repayment amount will combine my obligation on this and all my outstanding Federal Perkins loans. including those made at other schools. The portion of the minimum monthly payment that will be applied to this loan 'NiU be the difference hetween the minimum monthly payment and the tOtal amounts owed at a monthlv rate on mv other Federal Perkins loans. If each school holding mv outstanding Fed~ral Perkin<> loans exercises the minimum monthly payment optinn, the minimum monthly repayment will be dividen among the schools in proportion to the amount of principal advanced by each school. FORBEARANCE - Upon making a properly documented \vritten request to the sc.hool. I am entitled to fmbearance of principal and interest or principal only, rene\vable at interv,ils up to 12 months for periods that collectively do not exceed thrf'f-> ~'f'ars. undl"r the follo'Ning conditions: If mv monthly Title IV loan nebt burden f->4uals or l'xu'eds 2OS'6 of mv total monthly gross income; If the Secretary authoriLes a period of forbearance due to a national military mobild.ation or other national emergency; or if the school determines that I qualify due to poor healt.h or for other rea'iOf1S. including sef\olCe in AmeriCorps, Interpst accruf"S during any period of forbearance DEFER!\-1ENTS - Cpon making a properly documented \....ritten reque;t to the 'ichoo!. I milY defpr making scheduled installment pa)ments and will not be liahle fm dnv intpH:S( that might otherv.-iSt' accrue 1) during anv period that I am: enrolled and attending as a regular student in at leas( a half-time course of study at an eligiLJle school: enrolled and attending as a regular student a graduate fellowship pro~ram approved by the Secretary; engaged in graduate or post.gradUdtl' fellow$hip-supported sturly outside the CS: enrolled and <lttt'nding ,1 rehabilitation training program for dis.<lbled individuals approved by the s,>cfl't<Jry engagerl in public service that fluahnes me to have part or all of my luan canct'led: 2) fur d periud not to exce...>d three years during which I am ~('t'kin~ hllllln:ihl(~ to find full-lime emplovnwnt, 3) for a peliod not to l'xu'cd [!In'\' 'rLlrs c'!lirHlg which I am pxpt'rit'IKll1g all f'CO!lnlllic hardship as dt'!I'rn.:lll"! '.n, '11,' vh,;u] I d!l\ (11)1 elifiibl,' f{jr:l (kf'-'f1T1t'nt \\hllt, 'il'ning in a rrl!'dlU;i ~rll('rrl\IIlP or n'~ld('n(\ prngram. r mil" nHltHlut' \1) defr"f making Si lwdul\'1 :rL\ldli[lI,'rll P;'1\10('1\tS Jlld will nut be ltdhlt: II)r am intt~!(-'st lhal 1111ghl U~b:l'.'.l:;( JLU'.J'~ fur ~I slx'!llol1{h peril),! irllllledidL"h ['(jllowing the ('.\fJ[r;;II< ll' ufO .Hl\ ,It.j,.) 11 [t"11 111'r'jlHI descrihl"lJ jn t hi,> Ilaragrdp!l 'CANCELLATIONS Upon making a properly documented written request to lhp school. r am f,lltitlf'O to haw up to IOOlXJ of th{' original pnncipalloan amount of this loan cancl'led if I perform qualifying service HI the areas listed in paragmphs A. B, C, 0 and E below. Qualifying Sen-ice must be performed after I receive the loan. A. Teaching. a full. time teacher in a public or other nonprofit elementary or secondary schooL that has heeo designated by the Secretary in accordance with the provisions of section 465{a) (2) of the Act as a school with a high concentration of students from low-income families. An official Directory of designated low-income schools is published annually by the Secretary. . a full- time '>pecia] education teacher in a public or nonprofit elementary or secondary school system. . a full-time teacher. in a public or other nonprofit elementary or secondary school system. who teaches mathematics, science. foreign languages. bilingual education. or any other field of expertise that is determined by the State Department of Education to have a shortage of qualified teachers in that Stale B. Early Intervention Services. a full. time qualified professional provider of earlv intervention services in a public or other nonprofit program under public sup~rvision by a lead agency as authorized by section 672(2) of the Individuals with Disabilities Education Act. Early Intervention Services are provided to infants and toddlers with disabilities. C. Law Enforcement or Corrections Officer. a full-time law enforcement officer for an eligible local. State, or Federal law enforcement agency; or . a full-time corrections oflicer for an eligible local, State. or Federal corrections agency. D. Nurse or Medical Technician. a full-time nurse providing health care services: or . a full-time medical technician providing health care services. E. Child or Family Service Agency. a full-time employee of an eligible public or private non-profit child or family service agency who is providing: or supervising the provision of services to high-risk children who are from low- income communities and the families of such children. Cancellation Rates - For each completed year of service under paragraphs A. B, C, D and E a portion of this loan will be canceled at the following rates: . 15% of the original principal loan amount for each of the first and second years: . 20% of the original principal loan amount for each of the third year and fourth years: and . 30% of the original principal loan amount for the fifth year. E Head Start Cancellation - Upon making a properly documented written request to the school, I am entitled to have up to 100% of the original prtncipalloan amount canceled for qualifying service performed after I receive the loan as: . a full-time staff member in the educational component of a Head S[aft program which is operated for a period comparable to a full school year and which pays a salary comparable to an employee of the local educa- tional agency. Cancellation Rate. For each completed year of service under the Head Start Cancellation provision, this loan will be canceled at the rate of 15% of the original principal loan amount. G. tv1ilitary Cancellation - Upon making a properly documented written request to the school. I am entitled to have up to 50% of the principal amount of thi" loan cancel!'C! for qualifying service performed after i receive the loan as: . a member of the Armed Forces of the United States in an area or hostilities that qualifies for special pay unrler section 310 of Title 37 of the United States Code Cancellation Rate. For each completed year of sendee undpr ttw tvtilit<lry Cancellation provision, this loan will be cancelerl at the rate of 12 1/2% of the original principal loan amount. H. Volunteer Service Cancellation - Upon making a properly nocumented WTitten request to the school. J am entitled to have up to 700'10 of the original principal loan amount of lhis loan canceled for qualifying service performed after I received the loan as: . a volunteer under the Peace COI1'S Au: . a volunteer under the Domestic Volunteer Service Act of 1973 (ACTION programs) Cancellation Rate - For each completed year of service under the Volunteer Service Cancellation provision. a portion" of this loan will be canceled at the following rates . 15~'o of the Dliginal principal loan amount for each of the first ann second 12.momh periods of serviLe: and. 20'J,) of thp original principal loan drnOl.lnt for each elf tht, third and fourth 12-lllullth periods of sef,/IC{' L Death and Disability Cancellation - In thl' f'\'t'rH of my ot'ath, rt1\' school will c<lnceJ ttw total amount (jw!'d IJ!llhis llJdn If [hecorne fwrmalwllllv and tGlallv rhsahlerl at'tl"r ! recpivf> thi) 10<ln the school will (ann'! thl" wtal ;)mount Ilw('d IH, thi'i !oan PERKINS (NDSL) TRUTH-IN-LENDING STATEMENT DICKI~SON COLLEGE Account Number 00273-000-00-3327-09 Name of Borrower Gillian M. Skulte Address 377 Concord Rd Sllnbllrv. MA 01776-1822 ANNUAL PERCENTAGE RATE AMOUNT FINANCED The cOSt of your credit as a yearly rate. The amount of credit provided to you. Prior to repayment During repayment o % 5 % $ 1 000.00 Itemization of the Amount Financed: $ 1.000.00 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 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 payoff early, you will not have to pay a penalty. See your promissory note for any additional information about nonpayment, de- fault, any required repayment in full before the scheduled date, and pre- payment. TIlE BORROWER A~~OWLEDGES STUDENT / (J1/\ BORROwcR~;<\~ ~) ( 2 '0C{'+- RECEIPT OF AN EXAe! COPY OF THIS STATEMENT. INSTIT1ITIONAL REPRESENTATIVE DATE DATE 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. 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 ~~'~ Thomas Meyer r Assistant Treasurer of Dickinson College Dated: ~/;2.jP3 F:\F1 LES\DA T AFILE\Dickinson College 7619\DickinsonCollegeCollections7619C\Documents\ 14 7_com 1 '- V0 <:>q ~ ~ ~} 1-. ~ Cc.' ~ ;~ ......... d "':j ~ '" ~ )c.' _ C)" cp' ~ _J J -< @ -, ~0 it \k. ~ 0- t ~ r. ~ '" . ;". , ~ 'i"'11 . ~ .;,JI _' ' Z003 F: \FILES\DA T AFILElDickinson College 7619\DickinsonCollegeColledions76 I 9C\Docurnents\ 147 _ pra2ljlb ' Created: 8/28/03 IO:S7AM Revised: 8/28/03 lO:S9AM DICKINSON COLLEGE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW NO. 03-2774 CIVIL TERM GILLIAN M. SKUL TE, Defendant JURY TRIAL OF TWELVE DEMANDED PRAECIPE Please reinstate the attached Complaint against Gillian M. Skulte, 57 Longwood Avenue, Brooklawn, MA, 02446, in the above-captioned action and return same to the undersigned for service. MARTS ON DE ~~~ David R. Galloway, 1. D. Number 87326 Ten East High Street Carlisle, P A 17013 (717) 243-3341 Date: August 28, 2003 Attorneys for Plaintiff CERTIFICATE OF SERVICE I, Jody L. Boore, an authorized agent of Marts on Deardorff Williams & Otto, hereby certify that a copy of the foregoing Praecipe was served this date by depositing same in the Post Office at Carlisle, P A, first class mail, postage prepaid, addressed as follows: Ms. Gillian M. Skulte 57 Longwood Avenue Brooklawn, MA 02446 MARTSON DEARDORFF WILLIAMS & OTTO BY~''7 '-t; t6, '^--'- Jody, . oor Ten ast High Street Carlisle, PA 17013 (717) 243-3341 Dated: August 28, 2003 0 0 0 C eN -n ;::: ".. -on:: r:: 7-~ mfT1 '....-) Z:T , "-> ;'''n zr ~, dj;:~; 00 'r -< ~~ !< -'J ,jt~ ~c -=~:: -C' r;- '::r-l'-n :'i'S ,.) ....-1 ~ => ~ =2 ro F:IJ'ILESIDAT AFILEIDickinsOIl College 7619IDickinsonCollegeColJections76190Docwnents\147_pra3/nlm Created: 1219/03 ILJ9AM Revised: 12/9/035:06PM DICKINSON COLLEGE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBELRAND COUNTY, PENNSYLVANIA v. NO. 03-2774 CNIL ACTION-LAW GILLIAN M. SKULTE, Defendant JURY TRIAL OF TWELVE DEMANDED PRAECIPE Please reinstate the attached Complaint against Defendant Gillian M. Skulte in the above- captioned action and return same to the undersigned for service. <By. J David R. Galloway, Es 1. D. Number 87326 Ten East High Street Carlisle, P A 17013 (717) 243-3341 Date: December 9, 2003 Attorneys for Plaintiff r:"---" ~;"2J (;:~ ~-:::::::!J CiQJ ~ F \1'1 L ES\DA T AFJ Lr:\Di~kir1sl1lT r "liege 761 'J'.Pickin",nC "lkgcCtllkcliuns 761 ,)C\o..lCUIl1CIlIS\. 14 7cClm I iCilY ('r~aled: 5119/03 H41:45AM Revised: 5f2JiOJ IUJ:J3 AM 761'lC147 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-.;( rp-/ CIVIL ACTION-LAW DICKINSON COLLEGE, Plaintiff v. GILLIAN M. SKULTE, Defendant JURY TRIAL OF TWELVE DEM;ANDElf -r '" NOTICE - You have been sued in court. If you wish to defend against the claims set furth ~ri 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 (71 7) 249-3166 MARTS ON DEARDORFF By ~~ David R. ~ Esquire LD. Number 87326 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff ., / Date: C/ "1".; DICKINSON COLLEGE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. CIVIL ACTION-LAW GILLIAN M. SKULTE, Defendant JURY TRIAL OF TWELVE DEMANDED COMPLAINT AND NOW, comes Plaintiff Dickinson College by and through its attorneys, MARTS ON 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 is an adult individual with a last known address of P.O. Box 1897, Cotuit, Massachusetts 02635-1897. 3. On or about August 26, 1996, Defendant entered into a Promissory Note - Federal Perkins Loan Program (Note #1) with Plaintifffor the financing of$2,000.00, plus interest and costs by Defendant on his own behalf, for educational services and benefits at Plaintiffs institution. A copy of Note #1 is attached hereto as Exhibit "A." 4. On or about October 24, 1997, Defendant entered into an additional Promissory Note - Federal Perkins Loan Program (Note #2) with Plaintifffor the financing of$l ,000.00, plus interest and costs by Defendant on his own behalf, for educational services and benefits at Plaintiffs institution. A copy of Note #2 is attached hereto as Exhibit "B." 5. Note #1 and Note #2 are funds created under Part E of Title IV of the Higher Education Act of 1965 as amended, (hereinafter the "Act") and are subject to the Act and the Federal Regulations issued under the Act. 6. 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. 7. The total principal for Note #1 and Note #2 is $3,000.00. 8. Note #1 and Note #2 grant Plaintiff reasonable collection and attorney's fees which Plaintiff has calculated to be $500.00. 9. As of May 20, 2003, the principal and interest due and payable by Defendant to Plaintiff was $3,009.09, plus interest accruing thereafter at $.39 per day. 10. The outstanding balance of $3,009. 09 represents the total and actual overdue value of the financing provided to Defendant under Note #1 and Note #2 for which Defendant has yet to pay. 11. Plaintiffhas fulfilled, performed and complied with all obligations and conditions of Note #1 and Note #2. COUNT I BREACH OF CONTRACT 12. Plaintiff hereby incorporates by reference the averments contained in Paragraphs I through 11 of this Complaint. 13. Defendant breached the expressed and implied obligations, conditions and terms of agreement of Note #1 and Note #2 by failing to pay the amounts financed therein. WHEREFORE, Plaintiff demands judgment against Defendant in the amount of$3,009.09, plus interest accruing at $.39 per day, collection and attorneys' fees in the amount of$500.00 and costs of suit. COUNT II !N QUANTUM MERUIT 14. Plaintiff hereby incorporates by reference the averments contained in Paragraphs 1 through 13 of this Complaint. 15. Having requested Plaintiff to loan money, and doing so to the benefit of Defendant, Defendant became liable to Plaintiff for said money. 16. Defendant has been unjustly enriched by accepting said money without paying Plaintiff reasonable compensation therefor. 17. The total amount by which Defendant has become enriched is $3,009.09, plus interest in the amount of$.39 per day. 18. Defendant is liable to Plaintiff and/or has been unjustly enriched in the amount of $3,009.09, plus interest accruing at $.39 per day. WHEREFORE, Plaintiff demands judgment against Defendant in the amount of$3,009.09, plus interest accruing at $.39 per day, collection and attorneys' fees in the amount of $500.00 and costs of suit. MARTSON DEARDORFF WILLIAMS & OTTO ./ ~ le-" Date: '" /.</ - By ~~ David R. .G~ ' I.D. Number 87326 Ten East High Street Carlisle, PA 17013-3093 (717) 243-3341 Attorneys for Plaintiff FEDERAL PERKINS LOAN PROMISSORY NOTE ) ,',,/---' - ~""-' _c~/- j -; 1. Name (last, first, middle initial) and Permanent Address (street, city, state, zip code) 2. Social Security Number Skulte, Gillian M. 3ll C'o('\Cor:6 \d. ScJ6'00(~\ t:"'^-, O\ll/q O~~-cD~-3~ ,q 3. Date of Birth Oq/j.C/ /7 ~ 4. kea CodelTelephone Number ')0'6 - L.(L--f)- 3,00'), 5, Driver's License Number (List state abbreviation first) Dickinscn College P.O. Box 1773 Carlisle. PA 17013-2896 7. BOTTower Status 8. Interest Rate UHalf-timeor~ OlesSlhanhalt-_ 5% 9. Loan Amount: 10. loan Period 6. School Name & Address (street, city, state, zip code) $2000.00 1996-97 TERMS AND CONDITIONS: IAny bral::j(eted clau!Ie or paragraph maybe InCluded at optiOn ofinstltution} APPLICABLE LAW - The terms of this note and any dl.sbursements made under this note shall be lnterptl!ted in accordance with Part E olin)e IV of the Higher Education Act of 1965, as amended (hl!~inllfter called the Act). as well as Federal regulations issued under the Act. All sums advanced under mil note are subject to the Act and Federal regulations Issued under the Act. REPAYMENT - J am obllgated to repay the prinCipal and the interest that accrues on U to the above--Nmed lnstltutlon (he-relnafter caned the school) oYer a period begJnning 9 months (or sooner If I am a less than a halHI~ borrower) after the date I cease to be at least a half~tlrne student at In Institution of higher education or a comparable .school outside the United States approved by the United Stat~ Secretary of EducaUon (hereinafter called the Secretary) and ending 10 years later. unless I request in writJng that my repayment perJod begin .sooner. I understand that the school will report the amount of my installment payments. along with the amount of this loan to a national c~dit bureau. Intemt on this loan shall accnJe from the begJnnlng of the repayment period. My repayment period may be shorter than 10 years if I am requJred by my :school to make minimum monthly payments. Upon my written Mluest my repaymel'lt period may be extended durinl periods or deferment. hardshIp. or forbearance and I may make graduated installments In accordllJ1Ce with a schedule approved by the Secmtary. 1 win ~ke my installment payments In equal monthly. bimonthly or quarterly inStallments as determined by the school. The school may round my installment payment to the next highest multiple of $5. II will make a minimum monthly repayrrumt of $40 (or $30 If I have outstanding Federal Perkins loam made before October I. 1992 tNt included the $30 mirlimum payment option) In accordance with the Minimum Monthly Payment &ctlon of the Terms and ConditiOns contained on the reverse side of this document.) LATE CHARGES _ The school will Impose late charges If I do not make a scheduled payment when due or if I raU to submit to the school on or before the due date of the payment. a properly documented written request that I qualify for any of the forbearance. deferment at CUlCellatlon benefits as described below. No late charges may exceed 20% of my monthly. bimonthly or qumerly payment. The school may add the late charges. to principal the day after the scheduled repayment was due or Include It with the next sehedule.d repayment after I have rece:lved notice of the charge, and such notice is sent IN!fore the next Installment is due. REQUESTS FOR DEFERMENT: CANCELLATION OR FORBEARANCE ~ To receive dl!!ferment. ~ellatlon. or forbearance benefits. I must make a written request to th.e school and must submit to the school any documentation the .school requires to prove my eligibility for these: benefits. I am responsible {or submitting the appropriate requests on time. and 1 may lose my benefits if 1 fall to fUe my request on tune. DEFAULT ~ If I faU to make, scheduled pa~nt when due: If I faU to submit to the school. on or befl)re the due date of a scheduled paymem. docl.lmentatlon that I qua-Ufy foc a deferment. cancellation. or forbearance; or if I faU to comply with the terms and conditions of this promissory not(! ot written cepayment agreement, the school may. at its option. declar(! my loan to be in default and may accelerate my loan (demand lnunediate payment of the enUre unpaid balance of the loan. Including principal. interest, late charges. and collection casu). The: school. and the Secretary, If my loan is assigned to the Seereury for collection. shall disclose to credit bureau organizations that I have defaulted and all oth(!r rele""nt loan information. I wlJllose my right to defer p.yrnenu and my right to forbearance II I default on my loan. I wUllo.se my right to recelv(! cancellation benents for service: that is perfonned after the date the school accelerated the lo8J'l. J will be Ineligible for any lurther fede:r,) student financial assistance authorl..ted under the Act untill make arrangements that ....Ie' satbfactory to the school Of the Set~ry to repay my loan. CHANCE OF STATUS. J will Inform the school of any change In my name. address. telephone number. Social Security num~r. or driver's llcerue number. ASSIGNMENT. This note may be assigned by the school only to the United States. The provisions of this note that relate to the school shaJl where appropriate relate to the assignee. PROMISE TO PAY: I promise to pay the school, or a subsequent holder of the PromIssOry Note, the sum ofamount(s) advanced to me under the te:rrns of this Note. plus interest and other fees which may be1:orne due as provided in this Note. J promise to pay all reasonable collection COSts. including attorn(!y fees and other charges. necessary for the collection of any amount not paid whe:n due. I wUJ not sign this Note before reading It. Including the provisloTl5 on the revem side. This loan has been made to me without sec.urlty Of endorse:rmnt. My 5.ignature ce.rtiCies I have read, unde.-stand. and agree to th(! terms and conditions of this Promissory Not(!. THIS IS A WANeS) THAT MUST BE REPAID I I ( r/ .___L \ J ( f ~ , <.-! ~, . t!!.;. C' J "11.' "{- Borrower's Signature EXHIBIT "A" Date: Terms and Conditions (cont.) HARDSHIP REPAYMENT OPTIONS - Upon my written 'equest. if I quaJify as a low-income individual during the repayment period. the school may extend the repayment period for up to an additional ten (10) )'eaTS and may lldJtISt any repayment schedule to reflect my income. Upon my written request. the school may extend the repayment period if, in its opinion. prolonged illness or unemployment prevent me from making the scheduled repayments during which time interest win continue to accrue. The school may permit me to pay less than the minimum monthly repayment rate for a period of not more than one year at a time if I experience a period of prolonged illness or unemployment except such action may not extend the repayment period beyond 10 years. GRACE PERIODS - My initial grace period before beginning repayment is 9 months.lf I am a Less-Than-Half-Thne Borrowe, with outstanding Fedel'Ol Perkins Loans. my repayment begim when the next scheduled installment of my outstanding loan is due. If I am a Less-Than-Half-T'une BOlTOwer with no outstanding Federal Perkins Loans, my repayment begins the earlier of: 9 months from the date my loan was made, or 9 months from the date I became less than a half-time student. even if] received the loan after 1 became a less than half-tlme student. My payments will resume after a post-defennent grace period of 6 months that foUows deferments that apply to Federal Perklns loans. PREPAY1\.fENT - I may prepay all or any part of my unpaid loan balance. plus any accrued interest. at any time without penalty. Amounts 1 repay in the academic year in which the loan was made aIld before the initlaJ grace period has ended will be used to reduce the amount of the loan and will not be considered a prepayment. If I repay amounts dwing the academic year in which the loan was made and the IniUal grace period ended. only those amounts in excess of the amount due for any repayment period shall be considered a prepayment. If. in an academic year other than the award year In which the loan was made. I repay more than the amount due for an install- ment, the excess will be used to repay principal unless I designate It as an advance payment of the next regular installment. MINIMUM MONTI-lLY PAYMENT - I will make a mlnlmwn monthly repayment of $40 (0' $30 if I have outstanding Federal Perkins loans made berore October 1. 1992 that included the $30 minlmwn payment option) if required by the school. If the total monthly repayment rate on this loan and any outstanding Federal Perkins loans I may have Is less than the minimwn monthly repayment rate established by the school. the school may still requJre a minimum monthly repayment rate. A minimum monthJy repayment amount will combine my obligation on this and a.11 my outstanding Federal Perkins loans. Including those made at other schools. The portion of the minimum monthly payment that will be applied to this loan wiU be the difference between the minimum monthly payment and the total amounts owed at a monthly rate on my other Federal Perkins loans. If each school . holding my outstanding Federal Perkins loans exercises the minimum monthly payment option, the minimum monthly repayment will be divided among the schools in proportion to the amount of principal <tdvanced by each school. FORBEARANCE - Upon maJdng a propedy docwnented written request to the school. I am entitled to forbearance of principal and interest or prindpal only. renewable at intervals up to 12 months for periods that collectively do not exceed three years, under the fonowing condidons: If my monthly Title N loan debt burden equals or exceeds 20% of my total monthly gross l.I1come; if the Secretary authorizes a period of forbearance due to a national military mobilization or other national emergency;' or if the school determines that I qualify due to poor health or for other reasons. including service in AmeriCorps. Interes' acaues during any period of forbearance. DEFERMENTS. Upon maJdng a properly documented written request to the school. I may defer making scheduled installment payments and will not be liable for any interest that might otherwise accroe 1) during any period that I am: enroUed and attending as a regu1ar student in at least a half-time course of srudy at an eUgible school: enroUed and attending as a reguJar student a graduate fellowship program approved by the Secretary: engaged in graduate or post-graduate fellowship-supported study outside the US; enroUed and attending a rehabilitation training program for disabled individuals approved by the Secretary; engaged in public service that qualifies me to have part or all of my loan canceled; 2) for a period not to exceed three years during which I am seeking but unable to fmd full-time employment. 3) for a period not to exceed three years during which I am experiencing an economic hardship as determined by the school. I am oat eligible for a deferment while serving in <l medical internship or residency program. I may continue to defer making scheduled installment payments and will not be liable for any interest that might otherwise accrue for a six-month period immediately following the expiration of any deferment period described in this paragraph. 'CANCELLATIONS - Upon making a properly documented written reques to the school, I am entitled to have up to 100% of the original principal loar amount of this loan canceled if I perfonn qualifying service in the areas liste, in paragraphs A. B. C. D and E below. Qualifying Sennce must be pe,fomw after I receive the loan. A. Teaching. a full-time teacher in a public or other nonprofit elementary 01 secondary school. that has been designated by the Secretary in accordance wi! the provisions of section 465 (a) (2) of the Act as a school with a high concentration of students from low~1ncome families. An official Directory of designated low-income schoob ~ published annually by the Secretary. . a full time special education teacher in a public or nonprofit elementary or secondary school system. . a full-time teacher. in a public or other nonprofit elementary or secondary school system. who teaches mathematics. science. foreign languages. bUingual education. or any other field of expertise that is detennined by the State Department of Educadon to have a shortage of qualified teachers in that State. B. Early Intervention Services. a fulHime qualified professional provider of early intervention services in a public or other nonprofit program under pubU supervision by a lead agency as authorl7ed by section 672(2) of the IndiVidual with Disabilities Education Act. Early Intervention Services are provided to infants and toddl<n with disabilities. C. Law Enforcement or CorrectJom Officer. a full-time Jaw enforrement officer for an eligible local. State. or Fedel'allaw enforcement agency; or . a full-time corrections officer for all eUgible local. State. or Federal corrections agency. D. Nurse or Medical Technician. a fuJHime nurse providing health care services; or . a fun-time medical technician providing health care services. E. Child or Family ServIce Agency' a fuJl-tlme employee of an eligible pubUc or private non~profit chUd or family service agency who is providing or supervising the provision of services to high-risk children who are from low- income communities and the famllie:s of such children. Cancellation Rates - For each completed year of service under paragraphs A. B. C. D and E a portion of this loan will be canceled at the foUowirlg rates: . 15% of the original prlncipalloan amount for each of the first and second years: . 20% of the original prlnclpalloan amount for each of the third year and fourth years: and . 30% of the original principal loan amount for the fifth year. F. Head Start Cancellation - Upon making a properly documented written request to the school. I am entitled to haw up to 100% of the original principal loan <Unaunt canceled for qualifying service performed after I receive the Joan as:. a ful1#tlme staff member in the educational component ofa Head Start program which Ls operated for a period comparable to a full school year and which pays a salary comparable to an employee of the local educa- dona! agency. Cancellation Rate - For each completed year of service under the Head Start CanceUation provision. this loan will be canceled at the rate of 15% of the original princtpalloan amount. G. Military Cancellation - Upon making a properly documented written request to the school. I am entJtled to have up to 50% of the principal amount of this loan canceled for qualifying service performed after I receive the loan as: . a member of the Armed Forces of the United States in an area of hostilities that qualifies for special pay under section 310 ofntle 37 of the United States Code. Cancellation Rate ~ For each completed year of service under the Military Cancellation provision. this loan will be canceled at the rate of 12 1/2% of the original prlntlpalloan amount. H. Volunteer ServIce Cancellation. Upon making a properly documented written request to the school. I am entitled to have up to 70% of the original principal loan amount of this loan canceled for qualifying service performed after I received the loan as: . a volunteer under the Peace Corps Act; . a volunteer under the Domestic Volunteer Sennce Act or 1973 (ACTION programs) . Cancellation Rate - For each completed year of service under the Volunteer Service Cancellation provision. a portion of this loan will be canceled at the rollowing rates: . 15% of the originaJ principalloarl amount for each of the rust and second 12-month periods of service: arld . 20% of the Original principaJ loan amoufiI for each of the third and fourth 12-month periods of service. 1. Death and Disability Cancellation - In the event of my death. the school will cancel the total amount owed on this loan. If I become pennanently and totally disabled after I receive this loan, the school will cancel the total amour owed on this loan. FEDERAL PERKINS LOAN PROMISSORY NOTE 00273-000-00-3327-09 (',;,\,\ ,"-1.-, ~:L ':' ~- Skulte, Gillian M. 377 Concord Rd. Sudbury, MA 01776-1822 2. Social Security Number OJ--$ -~ 2.. - ~3 \C\ 3. Date of Birth OC\Iz.,yli'Sl 4. Area CodelTelephone Number 50'S -Lji..\')- ~~6 "').... 1. Name (last. first, middle initial) and Permanent Address (street, city, state. zip code) 5. Driver's License Number (list state abbreviation first) /Y\ 6. School Name & Address (street, c~y, state, zip code) 7. Borrower Status 8. Interest Rate Dickinson College P.O. Box 1773 Carlisle, PA 17013-2896 l[l HaW-lime or great... 0 Lm tnan .....time 5 % 9. Loan Amount: 10. Loan Period $1,000.00 1997-1998 TERMS AND CONDITIONS: lAny bracxeted clause or paragraph may be jn;:luded at optiOn of Lnstitutlon.j APPLICABLE LAW _ The terms. of this note and any disbursements made under this nOte shall be interpreted in accordance with P..n E of Title IV of the Higher Education Act of 1965. as amended (hereinafter called the Acd. as well i!S Federal regulations issued under the Act. An sums advanced under this note are subject to the Act and Federal regulations issued under the Act. REPAYMENT _ I am obligated to repay the principal and the interest that accrues on it to the above-named institution (hereinafter caUed the school) over a period beginning 9 monrhs (or sooner if I am a, less than a half-time borrower) after the date I cease to be at least a half-time studeor at an Institution of higher education or a comparable school outside the United States approved by the United States Secretary of Education (hereinafter called the Secretary) and ending 10 years later, unless 1 request in writing that my repayment period begin sooner. I understand that the school will report the i1mount of my installment payments. along with the amount of this loan to a national credit bureau. Interest on this loan shall accrue from the begJnning of the repayment period. My repayment period may be shorter than 10 years if 1 am required by my school to make minimum monthly payments. Upon my written request my repayment period nuy be extended during periods of deferment, hardship, or forbearance and I may make graduated installments in accordance with a schedule approved by tne Secretary. I win make my installment payments In equal monthly. bimonthly or quarterly installments as determined by the school. The school may round my installment payment to the next highest multiple of $5. 11 wUl make a minimum monthly repayment of $40 (or $30 if I have outstanding Federal Perkins loans made hefor\"- October I, 1992 that included the $30 minimum payment option) in accordance with the Minimum Momhly Paym!!nt Section of the Terms and Conditions comalned an the reverse side of this document,) LATE CHARGES _ The school will impose latt charges if I do not /ll.3ke a scheduled payment when due or if 1 fail to submit to the school on or before the due dat\"- of the payment, a properly documented written request that I qualify for any of the forbearance. deferment or cancellation benefits as described below. No late charges may exceed 20% of my mOllthly. bimomhly or quarterly payment. The school may add the late charges to prinCipal the day after the scheduled repayment was due or include it with the next scheduled repayment after I have received notice of the charge. and such notice is sent before the next installment is due. REQUESTS FOR DEFERMENT. CANCELLATION 01< FORBEARANCE. To receive deferment, cancellation. or forbearance benefits. r must make a written request to the school and must submil to the school any documentation the school requires to prove my eligibility for these benefits. I am responsible for submitting the appropriate requests an time, and I may lose my benefits if l fail to me my request on ti.me. DEFAULT _ lf I fail to make a scheduled payment when due: jf I fail to submit to the school, on or before the due date of a scheduled payment. documentation that I qualify for a deferment. cancellation, or forbearance: or jf I fail ro comply with the tenns .and conditions of this promissory note or written repayment agreement, the school may. <lit its option, d~dare my loan to be in default and may accelerate my loail (demand immediate paymem ofthe enUre unpaid balance of the loan, including principal. interest. late charges, and collection cosu). The school. and the Secretary. if my loan is assigned to the Secretary for collection, shall disclose to credit bureau organizations that I have defaulted and all other relevant loan information. I wllllose my right to defer payments and my right to forbeanmce if I default on my loan. I will lose my right to receive cancellation benefits for service that is performed after the date the school accelerated the loan. I will be ineligible for any further federal student financial assistance authorized under the Act until I make arrangements that are satisfactory to the school or the Secretary fO repay my loan. CHANCE OF STATUS - I will inform the school of any change in my name, address, telephone number. Social Security number, or drivers license number. ASSICNMENT. This note may be assigned by the school only to the United States. The provisions of this note that relate to the school shall where appropriate relate to the assignee. PROMISE TO PAY: I promise to pay the school. or a subsequent holder of the Promissory Note. the sum of amount{s) advanced to me under the terms of this Note. plus mterest and other fees which may become due as provided in this Note. I promise to pay all reasonable collection costs. including attorney fees and other charges. necessary for the collection of any amount not paid when due. I will not sign this Note before reading it. including the provisions on the reverse side. This loan has been made to me without security or endorsement. My signature certifies I have read. understand. and agree to the terms and >:onditions of this Prami$sory Note. THIS IS A LOAN(S) THAT MUST BE REPAID G. /\>t~_. Borrb--,;;jei'S Signature EXHIBIT "B" 'II. f' 7'_1 {(\.~ _J ~ ....' ( Date: ,/ Terms and Conditions (cont.) !-IARDSI lIP RFP\Y\fE:\iT OPTIONS [[JO!lllH \\Titl<'1l fl'qUI'SI if I quail':.' .1.~.1 klw IflClHlU' indivl(!tJ<l1 during lilt' rl'pavl!wrl[ pl'liud, thl' \C:h(}ol may extend the repayment period for up to an additional ten (lO) years and may adjust any repayment schedule to reflect my income. Upon my written request. the sthool rtl.l\' extend the repayrneiH period if. in its opir'ljnJl. prolonged ilhwss i l( ullt'mplovnlent prf'Vl'nt il11~ from making the .scheduled repayments during which tIme interest will continue to accrue. The school may pt>nllil me to pay less than the minimum monthly n.'payment rale for a perinr! or not nlOrl' than ont' VP(lf at a Urnt' jf r experience a period of prolonged iJlrH's.~ 1)( IHwrnp!(Wrnent ('xcept ~uch action may nnt extend the repayrncm period heyond 10 \'t'ilr5 GRACE PERiODS - My initial grace period before beginning repayment is 9 months. If f am il L{~$S- Than-Half- Time Borrower with ourscanding Federal Perkins Loans. my repavm('11( ht.gins when the next scheduled installment of my outstanding loan is due. Ii f am a Less- Than-Half-Time Borrower with no outstanding Federal Pr:rkins Loans, mv repaymerH begins the earlier of: 9 months fro'm the rlat!: mv loan was made. or 9 months from the date I became less than i.l half-ume student. even if I received the loan after I became a less than haJf~time student. My payments will resume after a post-deferment grace period of 6 months that follows defermems that apply to Federal Perkins loans. PREPAYMENT. r may prep;tY all or any part of my unpaid loan halance, plus any accrued interest. at any time Without penalty. Amounts I repay in the academic Yt'ar in wtuch Lhe loan was made and before !he initial grace period has em1!'d wiJll-x' U${'rl to r..duce the amount of the loan and will not be considered a prepayment. If I repa~ amOlJntS during the academic year in which we Joan was made and the initial grace period ended. only those amounr5 in exCf'SS or tht~ Jlllount cltle for any repayment period shall be considcn'rl ;1 prepavrnen(. If. in an acadernic year othN than the award year in whkh t/1l: Joan Wa\ madf'. I rt'paV morl' than the amount due for 1'In install- nwnt. tht' "xC't"i.~ will ht' uspd to rfOpa..... principal unless r deSignatE' it as an adv'dl1c(~ pil\'nH~rH of the fll'xt regular inswllmenr. ~HNIMUr\f1 MONTHLY PAYMENT - I VI/ill make a minimum monthly repaymenc of :5-10 (or 530 if I have o'utstanding Federal Perkins loans made before Ocwber 1. i 992 th..( incJuded the $30 minimum payomenl option) if required by the school. If the toUll monthly repayment rate on this loan and any ()utstanding Federal Perkins loans I may have is less: than rhe minimum monthly repa.vment (are established by the school. the set-lOol may still require a minimum monthly repayment rate. A minimum monthly repayment amount will combine my obligation on this and all my O1.Jtstanding Federal Perkins loans. including those made at other $Chao Is. The portion of the minimum monthly p<lyroerlt that will be applied to this loan will be the ditfen~ncc between the minimum monthly payment and [he total amounts owed at a monthly rate an mv other Federal Perkins loans. If each school holdin~ mv (lutst~nding Ff'd~r"l Perkins loans exercises the minimum monthly payment optjon. tht' minimum monthly repayment will be divided among the schools in proportion to the amount of principal advanced by each school. FORBEARANCE - Upon making a properly documented written request to the school. I am encitJt'd to forbearance of principal and interest or principal only, renewable ,1t interv"ls ut=! (0 12 months for periods that collectively do not exceed thft'f' years. undE'r the following conditions: If my monthly Tide N loan debt burden ,.quals or {'xceeds 20'!'o of mv total monthly gross income: if the Secretary authoriz('s a period of forbearance due to a national military mobili7.....'ltion or other national emer~encv: or if the schoo] determines that I qualify due to poor ht.'aJlh or for other reasons. including service in A01t'riCOrpS. Inferpst aCcrtlPS rluring any period of forhear:mce. DEFER.\.1ENTS - Upon making a properly documented written request to the school. I mill,' (Il'f~r m<lking scheduled installment pa>ments and will not be Hahlt' for am lnt!'J"r,SI rhat might otherwise <lccnJe 1) during any period that I am: enfolled ~nrt attending as a regular .student in at leasr a half-rime course of study at an eligible schoo\: enrolled and attending as a regular student a graduate fello......'>hip pro~ram approved by the St.'Cretarx: engaged in graduate or post-gradu<lti.' fE'llowship-supported study outsiclf: the 1..:5: enrolled and al[['ndint{ ,1 reh"bilit<lfiOt1 training program for di.S<lbled indh.iduals approved by the S\'(';ff'taJ"'.': [~nl.'.agNj in public service that flualifies roc to ha..'E:: part or all \)1' my iuJll (.1fK!'leJ: 2) for d period not to exce....-o thret' years during which I .ml \f't'ldrH~ hi)] ll!1ahll' tu fjwl fulf-time t'mpIOYllWru. 3) (or a period not to <"xu'I'd dlr"I' \.. :Ir,:iunn'! 'Afli<:h 1 am i.'Xpt'rit'n~in.~ ;)11 f'Curlnmic hardship as ,-11'11'11:"<\1'1"1 .~l'. '. n;,." ; :un rt"r digihlf' f(ir ,l (i!:f,'nndll'.,.hllt' '>l.r~.ing in d Ilk(Ji,;ti :1:'I.rr,';)tlr' ";- r-I..;lrkl~("'. r''-().1-~r::ln', r m:l', ,"iHHlrllH' 10 r1.:l"r'r tl1;lking .'/ h,.d~jL ,I :r",ul!rl H"ll p.I\1)1'-'llt5 Jlld will IlI.l Ix- il.)!'J.; ]n( 'H'\ In!(:!(''-l Ihat :lil.:(r.l .;~I:-~:" l', ;'.J'. [,,[:1 ':I,'(.;rlonth pf'ril:d ilnnledi..ru:L r'Jllo'/,ing the l"_pl{",rl,,(l ul .\I~'_ k!' I" -t, j)<'.;'I.J dw;criht.,j irl [hi'> [iilr:l~J;r;fph .CAi\'CELL\Tl0NS L.plJn making;j properly documented written r('(juest to tlw schouL ram ('ntitlt'd tll h;l\"l' up to I O(Y~(J of thE' ori~inal principal loan .lfIlrIll1l1 of ttli.\ ]oan Ciltlct'!t'd if I pt'rfonn qualifying ~'r\.:ice III tlll~ i1fl'i1S list(:d in paragr-aphs _-t B. C. 0 ;me! E below. Qualifying Service must be perfonned after I receive the loan. A_ Teaching. a full-time teacher in a public or other nonprofit elementary Of" secondary '>Chonl. that ha<; been designated by the Secretary in accordance witl the pro<\-'isions of section 465(a)(2) of the Act as a school with a I-tigh concenrratiun of students from Jaw-income families. An official Direaory of designated low-income schools is published annually by the Secretary. . a full- time special educatIon teacher in a public or nonprofit elementary or secondary school system. . a full-Urn!.: teacher, in a public or other nonprofit elementary or secondary school system, who teaches mathematics. science. foreign languages. bilingual education. or any other field of expertise that is detennined by the State Department nf EducatiOn to have a shortage of qualified teachers in that State. B. Early Intervention Services. a full-time qualified professional provider of early intervention services in a p1.Jblic or other nonprofit program under public supervision by ..lead agency as authorized by section 672(2) of the Individuals With Disabilities Education Act. Early Intervention Services are proyided to infants and toddlers with disabilities. C. Law Enforcement or Corrections Officer. a full~time law enforcement officer for an eligible local. State, or Federal law enforcement agency; or . a full-time com~ctions of1icer for 311 eligible: local. State, or federal c.orrec.tions agency_ D_ Nurse or Medical Technician. a full-time nurse providing health care services: or . a full-time medical technician providing health care services, E. Child or Family Service Agency. a full-time employee of an eligible public or private non-profit child or family service ag:ency who is providing or supervising the provision of .services to high-risk children who are from low- income communities and the families of such children, Cancellation Rates, For each completed year of service under paragraph> A. B. C. D and E a ponion of this Joan will be canceled at the foilow1og rates: .. 15% of the original principal loan amount for each of the nrst and second years: . 20% of the original prtncipalloan amount for each of the third vear and fourth years: and . 30% of the original principal loan amount for the fifth year. F. Head Start Cancellation - Upon making a properly documented written request to the school, I am entitled to have up to IOO% of the original prtncipalloan amount canceled for qualifying service performed after I reCeive the loarl as: . a full-time staff member in the educational component of a Head Stan program which is operated for a period comparable to a full school year and which pays a saJaJ"Y comparable to an employee of the local educa- tional agency. Cancellation Race - For each completed year of service under the Head Start Cancellation provision. this loan will be canceled at the rate of 15% of the original principal loan amount. G. Military Cancellation. Upon making a properly documented written request to the .school. I am entitled to have up to 50% of the principal amount of this loan canceled fnr qualifying service performed after I recei....e th~ loan as: . a member of the Armed Forces of the United States in an area of hostilities that qualifies for special pay under section 310 of Ticle 37 of the United States Code. Cancel1ation Rate - For each completed year of S('rvice unrkr thf' Military Cancellalion provision. this loan will be canceled at the rate of 12 1/2% of the original principal loan amount. H. Vohulteer Service Cancelliltlon - Upon making a properly documenced written request to the school. l am entitled to have up to 70% of the oriJ!;im! principal loan :.tmount of this loan canceled for Cl,ualifying'iervice performed after I received tht' loan as: . a volunteer under the Peace Corps Act: . a volunteer under the Domestic Volunteer Service Act of 1973 (ACTION programs) . Cancellation Rate. For each completed year of _'>f'rvicE' undcr the Volunteer Service Cancellation provision. a portion- of this loan will be canceled at the follOWing rates' . 15% of the original principal loan amount for each of the fifS( and ~cond 12-monrh pt'rimh ~)r .-;('rvice: and. 20'\'} of thr' origin'll pfincip;J.J IO;ln "mOunt ror l'<lCh (rf thl' third and r()Unll 12-n1llf1th pf'riod~ of "><.'(\.10' 1. Death and Disability C:lncellatifH! - fn (hf' e'."prlt uf lY1\' dt':Hh rfw',;(l1ofd will c;)(lc:el ttll' LOlJ] arnount f!\VI'd IHj Ihi~ )"iln, If I r)l'come pCntlMlClHlv ilnd totallv r1iSilhlE'rl after r rf'Cl'i\"f' tl1i'; IO<ln rhe ~ch()()1 '....i11 (:lnrt'! thc' total ,1mOUnt n\'\'('rl on ,hi~ I('<ln P~RK[NS (NDSL) TRUTH-IN-LENDING STATEMENT DICKI~SON COLLEGE Account Number 00273-000-00-3327-09 Name of Borro,",er Gillian M. Skulte Address 377 Concord Rd Sudbury. MA 01776-1822 ANNUAL PERCENTAGE RATE AMOUNT FINANCED The cost of your credit as a yearly rate. The amount of credit provided to you. Prior to repayment During repayment o % 5 % $ 1,000.00 I Itemization of the Amount Financed: $ 1.000.00 Amount given directly to you. I 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 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 payoff early, you will ~ have to pay a penalty. See your promissory note for any additional information about nonpayment, de- fault, any required repayment in full before the scheduled date, and pre- payment. THE BORROWER AQG~OWLEDGES ~K~ STUDENT -. BORROw"ER Cs:t/ \ \ L) ( 2. Y-('\l- RECEIPT OF AN EXACT COpy OF THIS STATEMENT. INSTITUTIONAL REPRESENTATIVE DATE DATE 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. 9 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 ~ Thomas Meyer Assistant Treasurer of Dickinson College Dated: ('/;2-~3 r:\F1L..ES\DATAFILE\DickiI1S0n College 7619l.0ickinsonColtcgeCollections7619C10ocllm(:nts\\47.coml CERTIFICATE OF SERVICE I, Jody 1. Boore, an authorized agent of Marts on Deardorff Williams & Otto, hereby certifY that a copy ofthe foregoing Praecipe was served this date by depositing same in the Post Office at Carlisle, P A, first class mail, postage prepaid, addressed as foJlows: Ms. Gillian M. SkuIte 57 Longwood Avenue Brooklawn, MA 02446 MARTS ON DEARDORFF WILLIAMS & OTTO " By .~/ >c.U./'~ IQUJ.>'<-.5i--.. Jody L. oore Ten' ast High Street Carlisle, PAl 7013 (717) 243-3341 Dated: August 28, 2003 n C) r- c..:- t;:: ,~ ::J ""D ~.: " Q~: ! ') ...:: '7 C (;-} r;: \.' - - 32;- - :l> (' >...::J 2- r . :J --j -, c:; -< F,IFILESIDA T AF!LEIDickinson College 76 I 9\DickinsonCollegeColleclions7619CICurretlt\ 147, pra4/mai Created: 12/9/03 !1:19AM Revised: 2/9/04 8,28AM DICKINSON COLLEGE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL V ANlA v. NO. 03-2774 CNIL ACTION-LAW GILLIAN M. SKULTE, Defendant JURY TRIAL OF TWELVE DEMANDED PRAECIPE Please reinstate the attached Complaint against Defendant Gillian M. Skulte, 108 Centre Street, Yarmouth Port, MA 02675, in the above-captioned action and return same to the undersigned for service. David R. Gallowa ,Es 1. D. Number 87326 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Date: February 9,2004 Attorneys for Plaintiff o c- ,,- -"" rXF5,; ~~~: ~C;' .,."C--' 5~ ~ "" = = .c- ~ ~:n ',- ~9 :;:in ",,"fi ,-,::0 z'? om ;g :n "< ..., g I U) " ::J;: ~ N U1 F:IFILES\DATAFILEIDickinson College 7619\DickinsonCollegeCoJ1ections76190Current\147,praSlmai Created: 12/9/03 11:19AM Revised: 2/19104 3:39PM DICKINSON COLLEGE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 03-2774 CIVIL ACTION-LAW GILLIAN M. SKULTE, Defendant JURY TRIAL OF TWELVE DEMANDED PRAECIPE TO DOCUMENT SERVICE PURSUANT TO THE PENNSYLVANIA LONG ARM STATUTE I hereby certify that a copy of the Complaint was mailed to Gillian M. Skulte on February 10, 2004, by certified mail, restricted delivery, retum receipt requested. Attached is the Post Office return receipt signed and dated February 14, 2004 and a USPS tracking confirmation. MARTSON DEARDORF WILLIAMS & OTTO By Da . Galloway, EsqUire LD. No. 87326 Ten East High Street Carlisle, PA 17013-3093 (717) 243-3341 Date: February 19, 2004 Attomeys for Plaintiff 1"258a Q2.U114O --'--~-_...~~ .-'l .., rn nJ I"- .., .-'l .-'l U.S. Postal Service"" CERTIFIED MAIL" RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) "-go $ ~I.l. /";.<~/~'\..t: _''!..)7~o-, I.~- .p I (j , HOro ..~ \,~~/'''' USf:J:"', OFFICIAL .-'l Cl g Return RecIept Fee (~rTI8nt RequIred) CJ Restricted Delivery Fee M (Endorsement Required) Cl .-'l Certified Fee Total Postage & Fees $ rn ~ J~.i-t.~M.__..ft.L.,.__JJK.u.?t'L.__.__.__..__.__.________ ~:::."!':._~-.I.!._f_..te.1J..T..4!i...._~_._..___.___.____._ City, Sta , IF+< tP. ,. . , USPS - Track & Confirm Page 1 of 1 ~ UNITED STIJTES I!liiiiM POSTJ.U. SERVlCE~ Track & Confirm Current Status Track & Confirm You entered 70031010 00011187 2381 Enter label number: Your item was delivered at 10:41 am on February 14, 2004 in YARMOUTH PORT, MA 02675. ShiJnn8."'. 0.,411.> . Track & Confirm FAQs Notification Options ~ Track & Confirm by email What i. l~i.? Go"... . POSTAL INSPECTORS Preserving the Trust site map contact us government services Copyright @ 1999~2002 USPS. All Rights Reserved. Terms of Use Privacy Policy http://trkcnfrml.smi.usps.comlnetdata-cgi/db2www/cbd _243 .d2w/output 2/19/2004 CERTIFICATE OF SERVICE I, Martha-Anne Then, an authorized agent of Martson Deardorff Williams & Otto, hereby certify that a copy of the foregoing Praecipe to Document Service was served this date by depositing same in the Post Office at Carlisle, P A, first class mail, postage prepaid, addressed as follows: Ms. Gillian M. Skulte 108 Centre Street Yarmouth Port, MA 02675 MARTS ON DEARDORFF WILLIAMS & OTTO By ~dtk-(LL~ Martha- e Then Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: February 19, 2004 --tJ n' .~ r) r:' ~i~ ~~: .?, ::? n ~~~ " ,..., = c=.> J:" ..,., r-n 0:> 1'-' c:> o -T1 sJ,"'n tr1j'" -om6 -0 ) ~3"'f' ~;,~) :c ,-:,,('j >;~?n < , "'" -<>- ~IJ .- ~ ~- C? .r:- N . F:\FILESIDA TAFILEIDicl<insonCollegc7619\CollectionslCurremll 47\pra6 Crealed 3/91052:34PM Revised: 4/]]/05 331PM 7619CI47 David R. Galloway, Esquire MARTS ON DEARDORFF WILLIAMS & OTTO Ten East High Street Carlisle, PA 17013-3093 (717) 243-3341 Attorneys for Plaintiff DICKJNSON COLLEGE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 03-2774 CIVIL ACTION-LAW GILLIAN M. SKULTE, Defendant JURY TRIAL OF TWELVE DEMANDED PRAECIPE TO SETTLE, DISCONTINUE & END Plaintiff requests the above-captioned matter be marked settled, discontinued and ended. :~~ FWlLUAMS&OTfO David R. Gallow , Esquire LD. Number 87326 Ten East High Street Carlisle, P A 17013-3093 (717) 243-3341 Attorneys for Plaintiff Date: April 13, 2005 . CERTIFICATE OF SERVICE I, Jean Taylor, an authorized agent for Martson Deardorff Williams & Otto, hereby certify that a copy of the foregoing Praecipe was served this date by depositing same in the Post Office at Carlisle, P A, first class mail, postage prepaid, addressed as follows: Ms. Gillian M Skulte 108 Centre Street Yarmouth Port, MA 02675 MARTSON DEARDORF.J:-WItlJAMS & OTTO --/' ;/ ./ - ' l\Y ~// ('/ ( 'Jean 1, ylor U Ten 1f)ast High Street Carlisle, PA 17013 (717) 243-3341 Dated: April 13, 2005 (-; .-, c.:::;> .;.;....-) en ~ :::U -n o 'Tl .-1 ~L'"""'f"'\ :',~~): ", "~1 W :.<. ...0