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FIFILESIDA TAFILEIDickinson College 7619lDickinsonCollegeCollections7619C\Docwnents\ 155.com !lnlm
Created,4128/03 1:54:03 PM
Revised,5171032:21:22PM
7619CI55
DICKINSON COLLEGE,
Plaintiff
v.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL VANIA
e,(.,d 't-~
NO. 63 - .;78;2./
CIVIL ACTION-LAW
DONNA E. MADDOCKS,
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
2 Liberty Avenue
Carlisle, Pennsylvania 17013
Telephone (717) 249-3166
MARTSON DEARDO
~~.E'
LD. Number 87326
Ten East High Street
Carlisle, PA 17013
(717) 243-3341
Attorneys for Plaintiff
Date: ";1'1/03
v.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY,PENNSYL VANIA
NO. oj. -<'loll G;;;..t r~
CNIL ACTION-LAW
DICKINSON COLLEGE,
Plaintiff
DONNA E. MADDOCKS,
Defendant
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:
I. 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 Donna E. Maddocks and is an adult individual with a last known address of
4 Lombard Street, Coos County, Colebrook, New Hampshire 03576-1104.
3. On or about April 13, 1988, Defendant entered into a Promissory Note - Federal Perkins
Loan Program (Note #1) with Plaintiff. A copy of Note #1 is attached hereto as Exhibit "A."
4. Note #1 provided for the financing of$1 ,200.00, plus interest and costs by Defendant on
her own behalf, for educational services and benefits at Plaintiff's institution.
5. On or about December 5, 1988, Defendant entered into an additional Promissory Note-
Federal Perkins Loan Program (Note #2) with Plaintiff. A copy of Note #2 is attached hereto as Exhibit
"B,"
6. Note #2 provided for the financing of$600.00, plus interest and costs by Defendant on
her own behalf, for educational services and benefits at Plaintiff's institution.
7. Note #1 and Note #2 are funds created under Part E of TitJe 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.
8. As provided in the Act, Plaintiff acts in a fiduciary capacity in the handling, disbursing
and collecting of funds associated with the programs under the Act.
9. The total collective principal for Note #1 and Note #2 is $1,800.00.
10. Note #1 and Note #2 grant Plaintiff reasonable collection and attorneys' fees which
Plaintiff has calculated to be $500.00
II. As of May 7, 2003, the principal and interest due and payable by Defendant to Plaintiff
was $4,134.72, plus interest accruing thereafter at $.22 per day.
12. The outstanding balance of$4, 134.72 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.
13. Plaintiffhas fulfilled, performed and complied with all obligations and conditions ofNote
#1 and Note #2.
COUNT I
BREACH OF CONTRACT
14. Plaintiff hereby incOl}Jorates by reference the averments contained in Paragraphs I
through 13 of this Complaint.
15. 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$4, 134. 72, plus
interest accruing at $.22 per day, collection and attorneys' fees in the amount of$500.00 and costs of suit.
COUNT II
IN QUANTUM MERUIT
16. Plaintiff hereby incorporates by reference the averments contained in Paragraphs I
through 15 of this Complaint.
17. Defendant is liable to Plaintiff and/or has been unjustly enriched in the amount of
$4,134.72, plus interest accruing at $.22 per day.
WHEREFORE, Plaintiff demands judgment against Defendant in the amount of$4, 134.72 plus
interest accruing at $.22 per day, collection and attorneys' fees in the amount of$500.00 and costs for
suit.
By
David R. Galloway
LD. Number 87326
Ten East High Street
Carlisle, PAl 7013-3093
(717) 243-3341
Attorneys for Plaintiff
M
Date: !b;/9 ~3
\
Exhibit A
--"_..__...._"._.~._ ,0_._
DICKINSON .COLLEGE
CARLISLE. PENNSYLVANIA 17013
PROMISSORY NOTE
PERKINS LOAN PROGRAM
Donna Maddocks .
I, promISe 10 pay 10
Djckiruon Colle,e lhen:ln after calledlhe Lendilllllll~lillllion) localed II Carli~le. Pennsylvania the sum of rhe amouOlS rhar 1ft advanced 10
me: and endorsed in the Schedule of Advances 5t1 fOrlh helow, I promisC' 10 pay all allOfOt)"; fees lInd Olher reasonable ~oll~rion COSIS and
charscs necessary for the collecrion of Iny affiOUn! nor paid when dUe.
I funner understand and agree [hal;
J. GENERAl...
(I) Aooliuble La..... All sums advanced under lhit note arc drawn from a tund crealeo1 tinder Part B of TIlle TV or the Higher Educarion ACt or 1965, IS
amended, hereinafter called Ihe Act, and arc: 5ubjecl 10 the ACt and Ihe Pede",1 Regulalions issued under the Act. The len'll' of rhit nOle shall be inler-
preled in Iccoro.ncc IVilh the ACland Federll Regulafions, ropies at which are to be kepi by the Lending Insfifufion.
(2) ProceduI'Cs for Rec~ivin, De(ennenl or CancelJ.tiQn. J undersfand Ihal in order to l'Cceive a de(ermenl or canceUalion, J mUll rcquesllhe defennent or
ca/ICeU.lion in wtiling from 'he Lending Inslilufion, alld musl sllbmH 10 Ihe Lending Inslilulion any documenfation required by fhe undina Ins'ilul;on 10
pl"PYe thall, qualify lor the delennenl or cancc:lIation, I funher undel'Sland lhal il I am eligible lor defennenl or cancelJ.illion under Articles VI 'hrough XL I
am responSible lor Submilting lhe appropriale requeSls on lime. f lunlier undcl'Sland fhal I may lose my delefllnnl Ind cancellation bencfits ill failta We
ll1yn::qucslontimc.
n. Itrr6REST
(nt~l'llu shall accrue from the beginning o( the repayment period and shall be at 'he: ANNUAL PERCENTAGE RATE OF FtVE. PERCENT (5%) on
the unpaill balance, ':'xeept thai 110 interest shall acel'lle during any uefermellt period deSl:ribcd ill paragraph V1(I).
III. REPA'iMEMr
(1) I promi$C 10 repay the prindpalllld the interul whicb accruC$ on il to the Lending,lnllilulion Ovtlr a period beginning 9 mODlhs a(fer the date I cea~ 10
be II leasl a half-time nudenf al a/'l illSlllulion o( hIgher education, or.illa compllrlblc InSlilulion outside the Unilcd Slates approved for 'his purpmc by Ihe
Vnlled Slales Sc:crceary of Edvcation (hereina(lcr caUed 'he Sccrelary), and ending, unless paragraphs JJi("), JII(5), m(?}, or VI(t) applies, lOye.nlarer.
(2) Upon mywricten I'llqvC$t, Ihe repaymenl pC'llod may s'an on a dale ear/ier rhan rhe one: Indicaled in parapaph 11I(1).
(3X^) I promi.s.c fa repay Ihc principal and inlercsl O'>'er the cou~ 0( lhe repa)'ll1enl period in equal monlhly, bimonehlyor quanerly iMlaUmenll as derer-
mined by lhe L.cndin. 1R$lihdion. I undel'S18nd lhal i( my monthly plI)'111enf (or alllhe loans made 10 me lly the Lending IrI5rilufion il nOl , mulliple of 15.
rhe Lending InsliluliOll may 101Ind fhal paymenf 10 'he nett high"f dollllr amounl thae iIi a muleiplc of $.S.
(8) Nolwilhstanding parapaph UI(3)(A), upo/'l my wriuen I'llquc:st, repaymenl may be made in vaduaeed insfallmenls in accordance witll a schedule ap'
prClYl:d bylhe Sc:cretary.
(C) The Lending lnsfilulion shall allach thclSl:hedule of repayments and lhe schedule will become part of Ihe note.
(4) Norwithslanding paragraph 11I(1), if I qualify as a low-income individual during thc repilymenl period, lhe Lending Inslilueion may, upon my ...nllen re_
qUCliI, e"'lend Ihe I'llpaymenl period (or vp to an additional 10 years, or adjust any repaymenl schedule 10 reflecl my income. or bOlh.
(5)(A) If the monlhly nile thai would be cSlablished under paragraplllJl(I), or loe to'al rnonlhly I'llpaymenl rale of principill and inren:11 on aU my Pcril.iru.
l.oallS inctudinS lOts 1()In, is Icu Ihan 530 per monlh, I shall repay rhe principal and interesl on Ihis lo.n al the r.iIIe of SJD pet maMa <which iocludu both
printipalandinteresl).
(5)(8) III h_ received Perkll1$ Loans flOm olher ill$tieulions and Ihe: 10111 monlhly repaymenl race on lho$c lealls illcss th,n SJO, Ihe 530 monlhly ..lIIe u.
tablished under lubpa"'papb 1IJ(5)(A) is the rate I pay on all my olleslandlnl Perkin. ~nl and is nOI in addilion 10 ehe amQunl ) pay on IhOl5C olher 1000nl.
The utlO\lnl o( my monlhly 1'llp&)'l1Ienl rafe .lIribulable 10 this JOlIn is the:. amovOl ""lIich (Cpl'll~nfs Ihe difference belWee:.n 530,Rd Ihe monlh/y rates I must
pay on my olher Perkins Loans.
(6) The l.endi/'ll'ns'ilulion may pennil me to fillY leu Ihan rhe rate of S30 pc:r monlh (or <I period of 1'101 mol'll than one year ....hel'll neccllOlcy to avol<.l
hardship to me unlcu thaf action would cxlend Ihe: repayment period in p4ragMIph 11I(1).
(1) The undingln5titullon may, Ilpon my wrillen I'llquC$l, reduce any $Chedlllcd repa)'1Dcnls at exlend the repaymenl period indlcalcd in parapph 11I(0,
if, in 11$ opimon, c:(lraordi"ary circllfluaancC$ such AI prolonled il/ncu or unemploymenl, prevc:n' me rrom makinllhe scheduled ~p.ayrnenls. However, ill-
lereslshal!conlinueto.ccrue.
IV. ,PREPAYMEf'(f
(1) I may, al my option iUld wirhoue penally, p~pay all at any pan o( Ihe pri(lcipal, plul the acclUed inlere5l1hetcon, at any lime.
(2) Arnollnls' (f:payin the academicyelltin which Ihe loan...... madewiU be used to reduce the amount oflhe loan and will nOI be comidercd a prepll)'ll1enl.
(3) If I repay more than the amounl due for any tMlaUl/lenl, the CllCCI$ will be \i$ed to prepay principal untea I designICe II ill an advance payment of Ih,
nCJnn:gularinllallmenl.
V. DEfAULT
(1) The l..cndine ItlIlitulion may, al ill oplion. dec!a(C my loan to Dc in defaull and may demand immediale payrnelU of Ihe enlire unpaid balance of rhe
loan, iQl:ludinl principal, inle",I, an.d lale chaft" if.
(A) 1 do 1101 nuake a $Cheduled paymenl when it is due, ..nd
(D) I 40 nOl submil to the l..tnding Inslllution on or before the da.te on which payrnenl is d\.lc, dQC\.lmCnlalion thaI 1 qliajify for. deferment or CilnceUalion
described in Artiel"" V1. vn, Vlll, IX; X, OtXJ oflhis agreemenl.
(2) J unde~land Ih,l if J defaull on my 10il1l repayments, rhe Lending Inslifution may disclose Ihaf I have defaulted, alang with orher relevant information, to
crcdit bureau orpnizalions,
(3) Further, I undeniland thai if I delaull on my Joan repaymene and the loan is senl 10 the Sccrelacy ror colleClion, lhe Secrelary may disclose: thar I have
dc(aulted, along wilh other relevanf infomlalion, to credil bureau organiurions.
(4) I understand 'hal if Ihe l.endiilg lnsfilulion ilcccleratC$ the lOiIn under paragraph V(I), I will lose my canccllalion and deferment benefils ror servicc per_
tonned afler lhe dale:. Ihe Lcndinlll1$litulion acce:leraled Ihe loan. .
(5) I underaland Ihal failure 10 pay Ihis obliplion under the: lerms ag:rced upon will prevenl my oblaining addilion.l student financial aid au,horizcd unde:t
TItle (II otlhe Higher educalion ACI 011965, u amended, unlil I have made Imngemenll which arc sa'isfaCIOfy 10 Ihe Lendin, hUlitvlion or lhe Secretlry
CIlpn1ing the repayment of the loan.
VI. DEFERMENf
(1, lnteresC will 001 <lCCl'\Ie, and instlllmcnts of principal need not be pilid -
(A) While I am enrolled and in IlIendance as af leul nllf-lime Sludenf If an instillltion or tliglter educalion or It a tQmpa.rable innilution oUlside ftle
Unilcd SlatllC appJ"ilYed for Ih;, putpo5C by 'he Sc.:l'lltary;
(8) Fat a period ot three (3) years during which I am .
O) On full-eime aclive duly ilia membct of Ihe Anned Forces ollhe Uni,ed Slales (AITllY, Navy, Air Force, Marine Col'p$, or COiIsI Guard) or thc Na-
liOllll Oceanic and AfmospberiC Adminislralion COrp6', or as an officer on full'limc ac'ive duty in the Commissioned Corp5 o( Ihe Uniled Scates Public
HeaUhService,
(ii) 1/'1 service as a volunteer under lhe Peace Corpf Act,
(iii) A volunleer under the OonIcslic VoJunlee:r Service: Act ol 1973 (ACflON programs),
(iY) A Cull.lime volunteet in a flllt-eJlempl organiUlion performing service comparable 10 the scrvice performed in the Peace Corps or under the Domes_
tic Volunlcer Service Act of 1m, or
(~) TempGnrily totally disabted as. estabtisl\ed by a.n affidavit of a quatified physician. or unable 10 secure employmenl bccaj.lse I am providing care re-
quired by a dependent who il so disabled; , .' .. ...
(C) For a period nol in excess ol rwo (2) yealS after I re:celve a b<lccalaureale or profe5.ilonal degree dunng whIch lIme I am scrvlIlg In llnlnlemshipwhich
is required in order lhat I may receive professional recognition reqUired to begin my professional practice or Se:IVICe, or SCMill in all intemsltip or reSidency
program leading 10 a degree or certificate awaroed by an inslitulJon ol higher educlllion. a hospilal o~ <I heallh C!re facility ltoil: ,,{fcCl po5lgradualc tralllrng:
(D) For 3 period 'let ir. exc<::~ of o"e (I) re:~r <luring which I a.j a mOlher of pr~s.:hool age children, who has entered or rcentel'lld lhe: work forte, am
beinl paid ill a rale which docs nOI exceed $1.00 aboYe Ihe minimum llOurly IYlIge established by seclion 6 of the Pair Labor Stllndards Act of 1938;
(E) For a period nol in e...ces.s or six months if .
(i) I am pre&J!ant, caring for my ne..oom baby, or caring fpr a child immedialely after he or she IYlIS placed wilh me through adoplion and J am noe ar-
tending an eli&ible tnSlilulion Of highet educlllion or being gaiflfully employed dunng lhe sir monlh period, and
(ii)- I WIIS enrolled as al leUI a hal(.time student at an eligible I,tstitulion wilhin six month$ of the fiClil 4ay of 'h.1 period; and
(F> OUriflg aiiJr. (6) !t\ontlt period follOW'inl the expiration of any de(ermelll prOVided in paragraphs VI(l)(A) through V1(I)(E).
(2) TIle. l..cndinJ !nstilulion. lI1-ay, upon my .mllen (eq~sl, defer my scheduled repayments if il detennincs Ihal the de(ennenl is necessary fa ,..aid a finan-
cial hardship for me. 'nleresl, h~et. will continue to aCCl'Ue
V11. CANCELLATION FOR TEACHING
(l} I am enlided to have up 10 100 percent of Ihe amounl o( rhis loan plus the inlere51thereoR cancellcd if 1 undenake service -
(A) As a full_rime leacher (or a oomple:le academic year in a public or olher nonprofit elemenlary at seconduy school which is in fhe $Choat dislrict of ..
Jacal cducaliona. agency which is eJigi!)Je in such year of service (or runds unde~ Ch.plerl o( Ihe E!duClltOn Consolidalion and Impl"OYCmenf ACI of.l981, as
amended and which has been deSlpaled by the ~crctary (afler cons"lIallon Wlrh each Stale: Deparlment oC Bducahon) In acoord.nce ""th lile prclYUiOnl of
SCClioA 46.s(a)(2) of Ihe Act a. . school wllh a high conceflltaHOrl of studcnts from low_income families. An official Dil'llcwrr o( design'led IOW-lDo:ome
schoollis publishcd annliallyby the Sccretary.
(8) A$ a full-time teaCher of handicapped children (including menIally. relarded, hard ?f he.arin~, ,deal, speech and I~ngv~gc im~ired, vi$u,lly h.nd-
icapped, seriously emOtionally dislutbed, onhopcdically impaired, children Wllh speCIfic leamlllg dlSllblhftcs, or olher health'lmpalred children, who by reason
Exhibit "A"
Ihereof require ~pecial education Jlnd related services) in a p\lblic or other nonprofit elementary or ~condary Sl:hool system,
(2) This loan -will be cancelled at the following fllles:
(A) 15 percenl of llle IOlal principal arn6unt of the loan pills interest on the unpaid balance will De cancelled for the fil"51 and second complete aradel
rears of that teachinlservice,
(0) 20 perrent of the total principal amOunt plus interesl on lhe unpaid ba'ance for the third and fourth complele academic years of lhatteaching service
(C) j() pe(('ent of the total principal arnOllllt plus interest on the unpaid balance for the fifth complete academic year of that teaching service.
VlII. HEAD START CANCELLATION
(1) I am entitled 10 have up to 100 pertent of the amount of this loan plus Ihe interest thereon cancelled if I undertake service" a full-time stafr member
a Head S'-rtprogram if_
(A) That Hud Stan propm is opeJ1lted for a period which is comparable to a (ull school y~r in Ihe locality. and
(I)) My salary i5 not mote than the salary o( a comparable empl~e of the local educational agency.
(2) This loan will be cancelled lit the nile o( JS pen:ent of the totl' principal 'mount ptus iMerest on llle unpaoid balance for each complele $("hool year or t
equivalent of service in II He.d Start prognm,
(3) Head Stlrt is. pl"e5ChooJ progtam t"lIrtied out under the Hud Stilt1 Act. (SUbch'pter e, Chapter 8 of 111]e VI of Pub, L- 97-3S. Ihe Budget Retonci],
tiOll Act of 1981; fonnerly authoriud under uClion 222(aXI) of the &onomic Opportunity Act of 1964).
IX. MILITARY CANCELLA'nON
(l) l am ~Mil!ed to ha~ up to SO percent of tM principal ,mount of Ihi, loan plus Ihe internl thereon uncelled if I SCM::!:IS' member of Ihe Anned Forc
or the United StllteJ in an are. of hostilJties that qualifies lor spedal pay under section )\0 01 Title)" of the Utliled Slates Code,
(2) This-loan wi" !le ~lled at the rate of 12 112 pcrcent or the total principal .amoun' plus interest on the unpaid Dalan,e for eath complete year or SUI
.service.
X. PEACE CORPS CANCELLATION
(I) l am entitled to have up to 70 percent Qf the amount o( thi4 INri plus the irlle~sl thereon can[elled if I undertake service-.
(A) A$ I volunteer under the Peace Co~ Act; or
(ll) As a voluntur under the Domcstic Volunteer ScJVice An or 1m.
(2) llti.l~n will be cancelled al the follOtlfinl rates:
(A) 15 percent o{ Ihe total principlll amounl of the loan plus hUeresl on the unpaid bal.nce ,,"II be e8n<<llled (or the lirst and second twel"'t_mOluh perie>
Of"Olunleeraervice;
(9) 20 percent olthe lotal principal .mount of thc= loan pllll interest 011 the unpaid tlal.nee will be ClIftC1:lIed for the Ihird and fourtli ho'el"e_month perioo
oC\>O[unteerJervice.
XI. DEAlH AND DISADlLITY CANCELLAlloN
(1) In Ihe evl:nl of my death. the lotll .mQunt ~d on this I~n will be c.ncell.::d.
(2) If J betorne tol.ally and pennlnentlydilabled afler lre<<livt this loan, the Lendingln.tilution will cancel the 10t.1 amount of Ihis loan.
XU. CHANGe IN NAMe, ADDRESS, lCLBPHONB NUMBeR AND SOCIAL SECURITY NUMBER
I am responsible, and lily endomr iJ tesponsible, for informing the LendinglnstilutiOll o( any ehanlt! or chllnp In name, .ddreu, telephone number or so.
ci.ISCturitynumber.
XIII. LATE CHARGE
(I) The Lendinllnslitution may impou a IlIle charp ir.
(A) I do nol make a Scheduled ~ent when it iJ due, and
(8) I do not wbmit to tile l...cndinllnStitution on or befote the dlle 011 ""hieh paymenl iJ: due. dOC'llmentation that I qualify for a dererment or cancell;ltion
detcribed in. Anicles VI. VII, VtII, IX, X. .!lnd XI of thi. avcement.
(2) No ch"iC' roar esteed twent)' (20) pen;ent of Illy monthly, bimonlhly or quarterly p.yment.
O)(A) The Lending Itlstilution may-
(i) Add the "te ch.rp: to the prlncipallhe day .fter Ihe scheduled replymenl ....s due; or
(ii) Include it mth lite ne.dICheduled tepllylflent after 1 hIVe received notice oflhe Ille chlrge.
(8) If Ihe undinglnstJtudon elerts; 10 add the usesael;l charp: to Ihe outJlanding printipal of Ihe loan, it muat so inform me before the due d.te of Ihe
nextinslallment.
(1) This nOle may De assiJrled by Ihe LendinglnlliJutlon only to.
(A) The United 51al<<;
(B) AnOlher inllitulion upon my transfer to IluIt inJtitution if thai institulion is partitiplting in this program; or
(C) Another in.titution Ipproved by tht Seeretary,
(2) The provisions of thiJ: nOle thai relate to Ihe Lendinglnstitulion 'hall, where appropriate. relale to In assignee.
XV, PRIOR LOANS
I hereDycel1iCy thaI I have lilted below.1I or Ihe Perkin' Loans I have alnained at other inllilutio/'lS. (II no prior loa/'lS hflYe !Jeen reccM:d, Slale "None:)
XIV. ASSIGNMeNT
saumULE or PERKINS LOANS AT ornER INSITTUTIONS
AMOUNT
DATI!
NAME OP INsrrrtmON
L.
'.
3.
4.
XVI. SCHEDULe OP ADY ANCes
The {aUDWin, amounts _re Idvanced to me under Ihis loan IIp-eCII'letll on the dltes indiealed:
AMOUNT
DATI!
SIGNAnJRE OF BORRO)VER
~hM $C,ij'tkJ
C;
I. $1.200.00
l
3.
5/88
4.
Nonce TO BORROWER: DO NOT SIGN TIllS NOTE BEFORE YOU READ IT. TIlE LENDING
VOU AND ANY eNDORSER .\ cOpy 9F nus NOTE (ThIS nOle I~ ~'ptcd"' seallld nu.tnunenl,)
SlONATURE C,/VIU< :It Md~ Do<.
Perm.nent Ad Itsa rSlte"l or Bole Numl,t>r 0'" S11I" ~n" ~".n)_4.-J 0tl.e..O.&!.L ~~~ ,>;;"l. j,... r J 1-1
Soci.lSet:uriryNumber(l.>orrowermuslprovide) JrVI ~ ~J - (l(~ I j
lNSlTfUl10N MUST SUPPLY TO
cJ 113
O~ :.Zi1i
19 -<'ilL.
The bo~r .nd Lendi"l Insti,tuUo~ shllll exetllle this n,ote,without Jenrrity Ind without endorsement unlcsa; the bol"t'OWer is a minor .nd this note would
lIot, under the law of,th~ Sllte It! _hleh lhe ~n.dinglnstllutl?n is located, CrUte I binding obligation. If the bo~r i. I minor .nd this nole ""tluld not
therefore, ~ legally blndll1g, the Lending Instltullon sh.1I requite. tocigner 10 this note:
SIGNA WRE OP COSIGNeR
Dale
19_,
Permanenl AddreSll (Slreet or Boll Number, City, St.te, Zip)
(20 U.S.C. 1087ddl
(7/87)
Format by the Naliollal Association of Student Fiflallcial Aid Administrat,
NDSL - TRUTH-IN-LENDING STATEMENT
DICKINSON COLLEGE
Account Number
?i4R_07
Name of Borrower
Donna E. Maddocks
Address
Four Lombard Street
Colebrook, NH 03576
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 %
<; %
$ l.?OO.OO
I Itemization of the Amount Financed: $ 1.200.00
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 ~ 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 AClQlOWLEDGES RECEIPT OF AN EXAcr COPY OF THIS STATEMENT.
STUDENT;;::" /J/ / / /
BORROWER c;7:t/'/lA #( (Lo!,:fIYC4-j
DATE 1)/r3/K<'
I
INSTITUTIONAL .:Y~
REPRESENT~/VE . (~r j)/j.J3rj:'1
DATE Lf;1.3/gg .~
Exhibit B
DICKINSON COLLEGE
CARLISLE. PENNSYLVANIA 17013
, .
PROMISSORY NOTE - PERKINS LOAN PROGRAM
-07
[Any tlrackeled clause of.eara!;jraph may be included at option at lnslilulion.}
f,_ Donna E. Maddocks pfomiselopayto~ Oir.kin<;on College (hereinafter
called the Lending Institution) localed at r."rl i c;, lp. P~nn<;yl vitni it , the sum of the amour1ls thaI are advanced to me and en-
dorsed In the Schedule ot Advances sel forth below. I promlsa 10 pay all a!lorney s lees and other reasonable collection costs and chargn nElcllssary for the
collection or any amount not paJd when due. J further understant:! and aQfe6 that
I. GENERAL
III Aoolicable law All sums adllanced under this note are drawn from a fund created under Part E of Tille IV of the Higher EducaUon Act of '965, as
amended, hllr~lnaftef caJt8d Ihll Act, and are .Sl<bjectt,:, the Act ,and the Federal Regulations i~sued w.nder the Act. The terms of this note shalJ be inlerpreled in
accordanct with the Act and Federal Regulations, caples of which are to ba kept by the Lending Instltwtion.
(2) Procedures for Aeceivinq Defermenl or Ca:ncellatiQn I understand that inorde( to receiye a deferment or cancellation, I must (equest the deferment or can-
cellation in writing from the Lending Jnstitution, and musl submit to the Lending Institution any documentation required by tha Lending Institution to prove that
'qualify f~r, the deferment ~r cancellation. '!urther understand that It I am e~iglblelo( delerment or cancellation under Articles VJ through XI, I am responsible
for submitting the appropriate requests on time. I lurther understand that I may lose my deferment and cancellation benefils if I fail to lite my request on time,
r/. INTEREST
Interesl shail accrue from the beginning of the repayment period and shall be at the ANNUAL PERCENTAGE RATE OF FJVE PERCENT (5%1 on the unpaid
balance, except that no interest sheJl accrue during any deferment period described in paragraph Vl(1).
1/1. REPAYMENT
(1) I promise to repay the principal and the Interest which accrues on it to Ihe Lending Inslitulfon oyer a period beginning 9 months ahar the date I cease to be
at least a half.time student at an institution of higher oducation, or at a comparabfe in$tltufion outside the United States approved lor this purpose by the
United States Secretary 01 Education (hereinafter called the S$cretary), end ending 10 yasrs late(, unless that psriod is shortened under paragraph 11I(5). or e~.
tended under paragraphs ll/(4), JU(71 (extensions), or VI(11 (defermentsl.
(2) Upon my written request,the repaymenl period may start on a date eartier than the one indlcated In paragraph Ill(l).
(3) (A) J promise to repay the principal and interest ewer the course of the repaym$nt period In equal monthly, bimonthly or quarterly Installments, as deter-
mined by the Lending !nstiWllon. I understand that if my monthty payment for sUthe Joans made to me by lhe Lending Institution is not a multiple of $5. the
Lending Institution may round that payment to th" next highest dollar amount that is a multiple of $5.
(81 Notwithstanding paregraph 1I1(3HA), upon my written request, repayment may be made in graduat"d installmenls in accordance with a schedule
approved by the Secretary.
(C) The Lending Institution shall attach the schedule 01 repayments and the scl1edllle wm become part oltl1e note.
(4) Notwithstanding paragraph 11I(1), if J Quality as a low-Income individual during the repayment period, Ihe Lending Institution, upon my written request, may
elltend lhe repayment period for up to an additional 10 years, and may adjust any repayment schedule to (eHect my income.
[/5)/A) II the monthly ratll that would be established undBr paragraph 11I/1). or lha tot31 monthly repayment rale of prlncipaJ and interest on ail my Perkins
Loans including this loan, is less than $30 per month, I shall repay the principal and interest on this loan at the rate 01 $30 per month (which includes both plin-
cipal and inlerest).
(5) (B) Jt I have r,celved Perkins loans Irom other instl!ut"lons and the lotal monthly repayment rate on those loans is less than $30, the $30 monthly payment
established under subparagraph UI(5J(A) incJudes the amounts I OW8 on alt my outstanding Perkins loaM including those receiyed from olher Institutions. The
amount of this $30 monthly paymenlthat will ba applied to this Joan will ba the diffarenca betwean $30 and the tolaJ ollhe amounts owed at a monthly (ale on
my other pelkins Loans.
(6) The Lending Inslilutlon mll:y permit me to pay less than tha rate of $30 per month for a period of not more than one year where necessary to ,avoid
h<lrdshlp to me u(lJ$SS that action would axtend the repaym$Ot period in paragraph m(l).}
(7j The Lan<Mng lnsti\ution may, upon my .....rltten requast, nlduce any scheduled (epaymenls or extend the repayment period indicated in pafegrapl1l1l(1), it,
in its opinion, extraordinary circumstances SUCh as prolonged iHness or unempJoyment, preyent me from making Ihe SCheduled repayments. Howey!!r, inter-
est shall continue loaccrue.
IV. PREPAYMENT
(1) I may, at my option and without penalty, prepay aU or any part of the principel, plus the eccrued inlerestthereon, at any time.
(2) ,Amounts I rapay in the academic yea( in which the loao was made will be used to reduce the amount of the loan and will not be considered a prepayment.
(3) If I (epay more than lhe amount due for any inslalJm$nl, tha excess will be usad to prapay principal unless I designatEl i\ as an adyance payment 01 the
ne.KIregularinslaJlmenl.
V. DEFAULT
(1) The Landing Jnslitulion may, at its option, daclare my loan to be in default and may demand immediate payment at the entire unpaid balance of lhe loan,
including principaJ, interest, late charges and collection costs if-
(AI I do (lOt make a scheduled payment when due under the repayment schedule established by the Lending InslilutJon, and
(8) I do rlot submit to the Lending Jnstitutlon on or beloratha dale on which payment)s due, documentation thai I quality lor a delerment or cancellation
described in Articlas VI, VII, VIIJ, IX, X, or Xl of this agreement.
(2) I undersland that if I dafault on my loan, lha Lending Institutiorl may disclose that I have defaulted, along wilh othBr relevant information, to credit bureeu
organizatiOns.
(31 Funher, (undarstand tha.t If I delauJt on my loan and thB loan Is transferred to the Secretary for collection, the Secretary may dIsclose that I haylit defaulted.
along with other (eleyanl information, to credit bureau organh:ations.
(41 I understand that atter the LendIng Institution accelerates the loan under paragraph V(1), I wiU then lose my right to deler repayments due atler tha dale
the Lending Institution accelerates the loan.
(5) I undersl~nd lhat after tha lending Institution acceferates the loan under paragraph V(1}, I will then Jose my right to receive a cancellation of a portion of
my loan lo( any leaching, volunteer or military service dllscribed in Micles VII, VIII and lX, performed aMer the date the lending Jnstitution acceJerated the loan.
(6\ I uMerstand that failure to pay this obligation under the terms agread upon wilt pr8vent my obtaining additional student financial aid aulhorized under
Title IV of the Higher Education Act 01 1965, es amended, unllll hava made arrangements whlcT111re satisfactory to the Lending Institution or the Secletary
(egarding tM repaymant of Ihll loan.
VI. DEFERMENT
(1) I understand that upon making a properly documented wrlllen request to the lending Institulion, I may daler making schedulad installment payments, and
will not be ((ab(a for any imerest that might otha(Wisll accrue, during- the following periods:
(Aj v.Jhile.1 am eOlolled aM i(l attendance 8.$ at teast a half-time student at an institution 01 higher education or at a comparable institution oulsid~ the
United Slales approyed for this purpose by the $acretary;
(Bl For a period of ihree (3) years duting which I am ~
(il On lull.time active dulY as a mamber of tha Aimed Forces ollhe United States (Army, Navy, Air Force, Marine Corps, or Coast Guard) or the
National Oceanic end Atmospheric Adminlstretlon Corps, or as an oWcar on fuJl.time 8ctiye duty in the Commissioned Corps of IhB United Statas Public
Health $arvice,
(ill In service as a volunteer under Ihe Peace Corps Act,
(iii) A votllntear under ths [)omastir: VoJunteer Service Act of 1973 (ACTION programs),
Oy) A full-time yolunl.er In 1\ tax-exempt organization pllr10rmlng service comparable to the service performed in the Pesce Corps or under lhe
Domestic Vo!untller Servica Act of 1973, Ot
(vi Te{'t\pora(it'l totally disabled as established bvan lItfldavit of a qualifled physician, or unable to Sl!Icura employment because I am providing CMU
;squlr..d by II dSf'a:"lde,"lt I.he i~:o dis.lll",l~d;
(CI For a peliod nOI in exee" of two (2) years -
/il After I receive a baccalaureate O( professional degree during which timll I am serving ;n an internship which is required in otder that I may racelvll
profassional/accgnilion required to begin my professional practice or serYice, or
(ii) serving in an Internship or ruldency progrem leading to a d&grea or certificale awarded by an institution of higher education, s hospitaJ or a heallh
care facility that otfers postgraduata training;
(O} For a period not in h..ces.s.of ana. (1\ "fat du{ing .....hich, if J am a mothar of preschool aga children, I heve entered or reentered the work force, and am
being paid at a rale Which does not exceed $1.00 abovelhe minImum hourly wage established by section 6 ollhe Fail Labor Standards Act of \918;
(El For a ~Iiod not in excess 01 six months --
(il ThalloUows by six months or less of a period during which I was en/oUed as at least a hall-time student at an eligible Institution; and (ii) Ourlng
which I am pregnant, cering lor my newborn baby, or caring lor a child immediately after he or she was placed with me through adoption and I am nellher
attendlng an eligible institution of highef education nor gainfully employad: and
IF) Ch.lring a i!.~)(' (5\ month period imm6diately lollowing!.he expiralion 01 any deferment pfovided in paragraphs VI(l)(A) through VI(l}(EI.
(.21 The Lending Inslitution may, upon my written requBSt, deler my scheduled repayments II it determines that 'he deferment IS necessary to avoid a financial
hardship lor me. Illlllrest, howev,r, will continue to accrue.
VII. CANCELLATION FOR TEACHING
(tl I understand that upon making a properly documented writ\an request 10 the Lending Institution, I am entilted to haye up to 100 pe(cent of the amount 01
this loan plus the intere~tthereon cancel~ed it I pertorm servlce-
Exhibit "B"
(A) As a full. time teacher in a public or olher nonprofil elementary or secondary sChool which is in the school district of a local educalional agency
which is eligible in such year of service for funds under Chapter I of the Educalion Consolidation and Improvemenf Act of 19B1. as amended, and Which h
been designated by the Secretary (alter consultaHon with each Stale Department 01 tduCaliQf11 in accordance with the provisions of section 465(21(2:} 01 th
Act as a school with a high concen\ra-~ion of s\udtn!s from low-income families. An offkial Directory 01 dtlsignaled 10w.Income schools is published annua
bylhe Secretary.
(B) As a full-tIme teacher of handicapped children ~ncluding those who are mentally retarded, hard of hearing, deal, speech and language Impaired.
visually handicapped, seriously emotionally disturbed, orthopedically Impaired, have specific learning disabilities, or otherwise health.Impaired children. w
by reason thereof require special educalion and related services) In a public or other nonprofit elementary or Sllcondary school system.
(2) This loan wlll be cancelled for each completed year of leaching service at the fonowing rates:
(A) 15 petcent of Ihe tOlal principal amount of ths loan plus irlleres! on the unpaid balance will be carJ(:eUed for lhe firsl and second complete academIc
years of that lesching service,
(8) 20 percent of the total principal amount plus inlerest on the unpaid balance for the lhird and fourth comple!e academIc years 01 that teaching servlc
,od
(C) 30 percen! of lhe tOled principal amount plus Interest on the unpaid balance lor the filth complete academlo year of lhat teaching service.
VIII. HEAD START CANCELLATION
(11 I understand that upon making a properly documented written request to the Lending Institullon, J am entitled to have up to 100 percent of the amount (
this loan plus the interest thereon cancelled)f I perform service as a full.time slaff member in a Head Start program if -
(AI That Head Start program is operated for I) period which Is comparable 10 a lull schoo! year in the locality, and
(B) My salary is not more than \he salary of a compa'ab~e employee 01 Ihe local educational agency.
(2) This loan will be cancelled at the rate of 15 percent ot the tolal prIncipal amount plus interest on the unpaid balance tor each complete school y"ar or lhl
equivalenl of service in a Head Start program.
(3/ Head Start is a preschool program carried out under the Head Start Act.
IX. MILITARY CANCELLATION
(t) t understand that upon making a property documented wrilten request to the Lending IMtilullon, f am entitled to have up to 50 percef1l of the principal
amount 01 this loan plus the interest thereon can(:elfed If t serve as a memb6r of the Armed Forces 01 the Uniled States In an area of hostilities that qualifies fl
special pay under section 310 of Tille 37 of the United States COdll.
(2) This loan will be cancefled at the rate of 12 1/2 percent of th8 total principal amount plus Int8r8s1 on the unpaid blllance for each complete year of such Sl
vice.
K PEACE CORPS CANCELLATION
(t) I undersland that upon making a properly documented written request to the lending Institution, I am entilled to have up 10 70 percent 01 tha amount of
this loan plus the Interest Iherllon cancelled If I perform sllrvice-
(A) As a Wllunleer under the PellCll Corps Act; or
(8) As a volunteer under the Domestic Volunleer Service Act of 1973.
(2) This loan will be cancalled at Ihe foflowlng ratllS:
(AI 15 percent 01 th(t tot.1 principal amount of the loan plus Interest on the unpaid balance will be canceJJed for the first and second twelve-month period
o/volunleerservlcecompleled;
(81 20 percent 01 thll total principal amount of the loan plus Interest on th(t unpaid balance will be cancelled for thelhlfd and fourth twelve-month
period of volunteer service com plated.
XI. DEATH AND DISABILITY CANCELLATION
(1) In Ihe event of my death, the lotal emount owed on this loan wHl be (:ancelled.
(2) III become totany and permanently disabled altsr I receive Ihis loan, the Lending Institution will cancel the total amount of this loan,
XII. CHANGE IN NAME. ADDRESS. TELEPHONE NUMBER AND SOCIAL SECURITY NUMBER
I am responsible. and any endorser is responsible, for informing the Lending !nstitullon 01 any change or changes in name, address, telephone number or so.
ci<llsecuritynumber.
(1) The Ltlfldlng Institution may Impose a late charge If_
(A) I do not make a schaduled payment when It Is dU8, and
(8) I do nol submll to the l8ndlng Instltullon on or before the date on Which payment is due, documentalion that I qualify for e deferment or cancellatfon
described In MIcles VI, VII, VIII, IX, X, and Xl of lhls agreement.
(2) No charge may exceed twenly (20) percent 01 my monthly, bimonthly or quar1erly payment.
(3) (A) The Lllndlng Institulion may-
Ii) Add Ihe late charge to Ihe principal the day afler the scheduled repayment was due; or
(ii) Include it with Ihe nex! scheduled repayment after I have receIved noliCll ollhe lalll chargll.
(8) If the Lending Institution elllcts to add the assessed charge to the outstanding principal 01 the loan, il must so inform me before the due date 01 the Mxt
installment
XIII. LATE CHARGE
XIV. ASSIGNMENT
(t) This nole may be assigned by the Lending Instltulion only 10-
(AI The Unltll'd Slates;
(8) Anolher institution upon my transler 10 that Institution if that insUtulion Is participating in tMs program; 0\"
(el Another Institution approved by the Secretary.
(2) The provisions of 1h\s nole tha1 relate to Ihe Lending Institution shall, where appropriate, relate to an assignee,
XV. PRIOR LOANS
I hereby certIfy that I have listed below all of the Perkins Loans I have oblained at other institutions. (II no prIor loans have been receivlld, stale 'None. 'J
SCHEDULE OF PERKINS LOANS AT OTHER INSTITUTIONS
AMoum DATE INSTITUTION
2.
,.
4.
XVI. SCHEDULE OF ADVANCES
The rollowing amounts were advtlnced to me under this loan agreement on the dates Indicated:
AMOUNT DATE ~ATURE OF 'O/1R~WEf
1. $300.00 7/88 ~) "^ 1lQNtl''f!!I/J
2..___V.QO.OO 12/88 ml/.,.,^-1t/~-:.t1
a /
4.
NOTICE ,.0 BORROWER; , 00 NOT SIGN "HIS NOTE BEFOAE YOU FlEAD IT. THe: LEND!Nr. INSTITUTION MU<:!:T0cr ;.p' Y A COPY ",r.'iHI~ fIDTC
TO YOU ~':;:''};.~GN.;!t,t''~'PO'' ~ "go.d".. "'''d 'o'''..m.O\.) ~ __ r~'" ~....
Signature 'AUJI./9L.-I~ [(.\'eaIJlDate~JB Q (V 19,
Pllr':"8ne ,ddressIStreetorBoxNlJmber,~lly,Slal'~andZlpCOde) II } I"ttvlh-U'rl St.. Cole.hr(1) (. "NH n'~c)7b -
Social SeCUflly Number (borrower mustp(ovldet-37 I-l?,;{, (,q ~ ,) ,r , ,
The borrower and Lending InstituUon shall execute !hls note wlthoul security and without endorsement unless the bOf(oINQC Is a minor and this nole would no\
under the le,w ~I the Slate In, whIch !he.Lending lnslilutlon Is located, create a bInding obligation. 1/ the borrower Is a minor and this note would not the-fefo(e '
be legallY binding, the lending Instllutlon Shall require a cosigner to this note: '
I agree to repay all amounts due on this loan If the borrower fails to do so in accordance with lhe terms of thll note.
Signature Of Cosigner~
((sealllDate
'9_.
Permanent Address (Street or Box Number, City, Slale, Zip Code)
(20 U.S.C, IOS7dd)
Format by Ine Na-tional Associalion ot Student Financ)al Aid Administralors, 5/88.
NDSL - TRUTH-IN-LENDING STATEMENT
DICKINSON COLLEGE
Account Number
2348-07
Name of Borrower
Donna E. Maddocks
Address
Four Lombard Street
Colebrook, NH 03576
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 %
$600.00
I Itemization of the Amount Financed: $ 600.00
Amount given directly to you. 1
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 ACKNOWLEDGES RECEIPT OF AN EXACT COpy OF THIS STATEMENT.
STUDENT --;rs
BORROWER ()~YIIJ
DATE IJ/~/8'r{
1In~ch
INSTITUTIONAL fr3..).
REPRESENTATIVE ',._,c.) l--.JJ ""-"
DATE iLls! t.~ r,
. .
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! knowingly make false averments, I may
be subject to criminal penalties.
Dickinson College
a....~
Thomas Meyer
Assistant Treasurer of Dickinson College
Dated: ,,/;~ ~;:3
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THOMAS, THOMAS & HAFER, LLP
W. Darren Powell, Esquire
Identification Number: 68953
305 North Front Street
P.O. Box 999
Harrisburg, PA 17108-0999
(717) 237-7154
Attorney for Defendants
KENNETH DAVID GLASER and PEARL
M. GLASER,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY,
PENNSYLVANIA
Plaintiffs
NO. 02-2921S 2002
v.
CIVIL ACTION - LAW
HEMPT BROS., INC. t/d/b/a HEMPT
BROS., and RALPH W. CASTLE, JR.,
JURY TRIAL DEMANDED
Defendants
DEFENDANT'S MOTION TO COMPEL
AND NOW, comes Defendants Hempt Bros., Inc., t/d/b/a Hempt Bros., and
Ralph W. Castle, Jr., by and through its attorneys, W. Darren Powell, Esquire and
Thomas, Thomas & Hafer, LLP, and file this Motion to Compel and, in support thereof,
states and avers as follows:
1. Plaintiffs filed their Complaint to the above docket on or about July 23,
2002.
2. Plaintiff Kenneth David Glaser seeks damages as a result of a motor
vehicle accident that occurred on or about June 21, ~~OOO. Plaintiff Pearl M. Glaser
seeks recovery for loss of consortium.
3. Defendants retained MCS to issue Subpoenas and obtain records from
Plaintiff Kenneth David Glaser's prior employers and medical providers.
F :\FILES\DA T AFILE\DickinsonCollege76 I 9\CollectionslArchive\ 155\ 155. pra/nlm
Created: 4/28/03 1:54:03 PM
Revised: 10/17/062:44:18 PM
7619C 155
DICKINSON COLLEGE,
Plaintiff
v.
DONNA E. MADDOCKS,
Defendant
TO THE PROTHONOTARY:
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 03 - 2921
CIVIL ACTION-LAW
JURY TRIAL OF TWELVE DEMANDED
PRAECIPE
Please mark the above captioned matter discontinued without prejudice.
Date: It' - /7 - 0 ~
MARTS ON DEARDORFF WILLIAMS & OTTO
By Q~ 5 /2-
Christopher E. Rice, Esquire
I.D. Number 90916
Ten East High Street
Carlisle, PA 17013-3093
(717) 243-3341
Attorneys for Plaintiff
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LISA A.OHRN, now LISA A.
CUBBISON,
03-3111
Case No.
vs
DANIEL J. OHRN,
Statement of Intention to Proceed
To the Court:
Lisa A. Ohrn, now Lisa A. Cubbison intends to proceed with the above captioned matter.
Sandra L. Meilton SignName~~~
Print 1".J anle
Date:
10/13/06
Attorney for
Lisa A. Cubbison
Explanatory Comment
The Supreme Court of Pennsylvania has promulgated new Rule of Civil Procedure 230.2 governing the termination of
inactive cases and amended Rule of Judicial Administration 1901. Two aspects of the recommendation merit
comment.
1. Rule of civil Procedure
New Rule of Civil Procedure 230.2 has been promulgated to govern the termination of inactive cases within the
scope of the Pennsylvania Rules of Civil Procedure. The termination of these cases for inactivity was previously
governed by Rule of Judicial Administration 1901 and local rules promulgated pursuant to it. New Rule 230.2 is
tailored to the needs of civil actions. It provides a complete procedure and a uniform statewide practice, preempting
local rules.
This rule was promulgated in response to the decision of the Supreme Court in Shop v. Eagle, 551 Pa. 360,710 A.2d
1104 (1998) in which the court held that "prejudice to the defendant as a result of delay in prosecution is required
before a case may be dismissed pursuant to local rules implementing Rule of Judicial Administration 1901."
Rule of Judicial Administration 1901(b) has been amended to accommodate the new rule of civil procedure. The
general policy ofthe prompt disposition of matters set forth in subdivision (a) of that rule continues to be applicable.
II Inactive Cases
The purpose of Rule 230.2 is to eliminate inactive cases from the judicial system. The process is initiated by the
court. After giving notice of intent to terminate an action for inactivity, the course of the procedure is with the parties.
If the parties do not wish to pursue the case, they will take no action and "the Prothonotary shall enter an order as of
CGurse terminating the matter \vith prejudice for failure to prosecute." If a party wishes to pursue thc matter, he or she
will file a notice of intention to proceed and the action shall continue.
a. Where the action has been terminated
If the action is terminated when a party believes that it should not have been terminated, that party may proceed
under Rule230( d) for relief from the order of termination. An example of such an occurrence might be the termination
of a viable action when the aggrieved party did not receive the notice of intent to terminate and thus did not timely file
the notice of intention to proceed.
The timing ofthe filing of the petition to reinstate the action is important. If the petition is filed within thirty days of
the entry of the order of termination on the docket, subdivision (d)(2) provides that the court must grant the petition and
reinstate the action. If the petition is filed later than the thirty-day period, subdivision (d)(3) requires that the plaintiff
must make a show in to the court that the petition was promptly filed and that there is a reasonable explanation or
legitimate excuse both for the failure to file the notice of intention to proceed prior to the entry of the order of
termination on the docket and for the failure to file the petition within the thirty-day period under subdivision (d)(2).
B. Where the action has not been terminated
An action which has not been terminated but which continues upon the filing of a notice of intention to proceed may
have been the subject of inordinate delay. In such an instance, the aggrieved party may pursue the remedy of a
common law non pros which exits independently oftermination under Rule 230.2.
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