HomeMy WebLinkAbout03-3259DICKINSON COLLEGE,
Plaintiff
V.
JASON M. LIPPY,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. ~;3' 3,~5'~
CWIL ACTION-LAW
JURY TRIAL OF TWELVE DEMANDED
NOTICE
You have been sued in court. If you wish to defend against the claims set forth in the
following pages, you must take action within twenty (20) days after this Complaint and Notice are
served, by entering a written appearance personally or by attorney and filing in writing with the court
your defenses or objections to the claims set forth against you. You are warned that if you fail to do
so, the case may proceed without you and a judgment may be entered against you by the court
without further notice for any money claimed in the Complaint or for any other claim or relief
requested by the Plaintiffs. You may lose money or property or other rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET
FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP:
Cumberland County Bar Association
32 South Bedford Street
Carlisle, Pennsylvania 17013
Telephone (717) 249-3166
Date:
MARTSON DEARDORFt~WILLIAMS & OTTO
David R. Galloway, Esqui'l,e
I.D. Number 87326
Ten East High Street L
Carlisle, PA 17013
(717) 243-3341
Attorneys for Plaintiff
DICKINSON COLLEGE,
Plaintiff
V.
JASON M. LI]?PY,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO.
CIVIL ACTION-LAW
JURY TRIAL OF TWELVE DEMANDED
COMPLAINT
AND NOW, comes PlaintiffDickinson College by and through its attorneys, MARTSON
DEARDORFF WiLLIAMS & OTTO, and hereby avers as follows:
1. PlaintiffDickinson 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 Jason M. Lippy is an adult individual with a last known address of 250
Verbeke Street, Harrisburg, PA 17102.
3. On or about May 8, 1995, 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 $2,000.00 plus interest and costs by Defendant
on his own behalf, for educational services and benefits at Plaintiff's institution.
5. On or about October 2, 1995, Defendant entered into an additional PromissoryNote -
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 $2,000.00 plus interest and costs by Defendant
on his own behalf, for educational services and benefits at Plaintiff's institution.
7. 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.
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 principal for Note #1 and Note #2 is $4,000.00.
10. Note #1 and Note #2 grant Plaintiff reasonable collection and attorney's fees which
Plaintiff has calculated to be $600.00.
11. As of April 3, 2002, the principal and interest due and payable by Defendant to
Plaintiff was $4,266.93 with interest accruing at .49 per day from April 3, 2003.
12. The outstanding balance of $4,266.93 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. Plaintiff has fulfilled, performed and complied with all obligations and conditions of
Note #1 and Note #2.
COUNT I
BREACH OF CONTRACT
14. Plaintiff hereby incorporates by reference the averments contained in Paragraphs 1
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 $4,266.93,
plus interest accruing at $.49 per day from April 3, 2003, collection and attorneys' fees in the amount
of $600.00 and costs of suit.
COUNT II
IN QUANTUM MERUIT
16. Plaintiff hereby incorporates by reference the averments contained in Paragraphs 1
through 15 of this Complaint.
17. Having requested Plaintiffto loan money, and doing so to the benefit of Defendant,
Defendant became liable to Plaintiff for said money.
18. Defendant has been unjustly enriched by accepting said money without paying
Plaintiff reasonable compensation therefor.
19. Defendant is liable to Plaintiff and/or has been unjustly e~ched in the amount of
$4,266.93, plus interest accruing at $.49 per day from April 3, 2003.
WHEREFORE, Plaintiff~temands judgment against Defendant in the amount of $4,266.93,
plus interest accruing at $.49 per day from April 3, 2003, collection and attorneys' fees in the amount
of $600.00 and costs of suit.
S & OTTO
David R. Gallow'~ [
ID. Number 87326 ~
Ten East High Street ~,
Carlisle, PA 17013-3093
Date: ~/~]/t~.~ (717)243-3341
Attorneys for Plaintiff
ExhJ,bit A
PERKINS (NDSL) TRUTH-IN-LENDING STATEMENT
DICXINSON COLLEGE
Account Number
Name of Borrower
Address
00273-000-00-2992-09
Jason Mo Lippy
8 N. Arthur Dr.
Sinking Spring, PA 19608
ANNUAL PERCENTAGE
RATE
The cos= of your
credit as a yearly
ra=e.
AMOUNT FINANCED
The amount of
credit provided
to you.
Prior to During
repayment repayment
0 % 5 %
$ 2,000.00
I=em/zation of the Amount Financed: $ 2,000.00
Amount given directly :o you.
Late Charge:
If a payment is la=e, you may be charged: $1.00 for the first
late paMmen=, and $2.00 for each subsequent la=e 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 quar:erly.
Prepayment: If you pay off early, you will not have to pay a penalty.
See your promissory none for any addi:ionat information about nonpayment,
fault, any required repayment in full before the scheduled date, and pre-
payment.
THE BORROWER AC~NOWLEDGE~CEIPT,, OF AN EXACT COPY OF, THIS STATEMENT.
EXHIBIT "A"
de-
-O9
Promissory Note-Federal Perkins Loan Pro,ram
[Any brncket~i clause or paragraph may be included at option of institution. ]. .
I, Jason ~. LiDJ~.V , promise to pay to Dlcklns0fl C011ecle (hereioufler called the
Instltution), located at Carlisle. PA 17013-2896 , the sum of the amoants that are advan~ed m me and endorsed in the
Schedule of Advances set forth below. I promise to pay all reasonable collection cnsts, inchiding attorney fees and other charges, necessary for
the collection of any amount not paid when due.
I further understand and agree that:
I. General
(1) Aoolicable Law. All sums advanced under this note are drawn from a fund created under Par~ E of Title IV of the Higher Education Act
of 1965, as amended (hereina~r called the Ac0, and are subject to the Act and the Federal regulations issued under the Act. The terms of this
note shall be interpreted in accordance with the Act and Federal regulations, copies of which are to be kept by the In,stitution.
(2) Procedures for Receivint Deferment. Cancellation. or Forbearance. I understnnd that, to receive a deferment, cancellation, or
forbearance, I must request the deferment, cancellation, or forbearance in writing from the htstitution and must submit to the Institotiou any
documentation required by the Institution to prove that I qualify for the deferment, cancellation, or forbearance. I further understand that, if I
am eligible for deferment, cancellation, or forbearance under Articles VI through XIV, X am responsible for submitting the appropriate requests
on time. I further understand that I may lose my deferment, cancellation, and forbearance benefits if X fail to file my request on time.
Il. Interest
Interest shall accrue from the begimgng of the repayment period and shall be at the ANNUAL PERCENTAGE RATE OF FIVE PERC~qT
(5~,} on the unpaid balance, except that no interest shall accrue during any deferment period described in Article VII.
rll. ~eoavment
(1) I promise to repay the principal and the interest that accrues on it to the Institution over a period beginning nine (9) months a~ar the date
I ce~s~ to be at least a half-time regular student at an institution of higher education, or at a comparable institution outside the United States
approved for this purpose by the United States Secretary of Education (hereinafter called the Secretary), and ending ten (10) years later, unless
that period is [shortened under paragraph rrr(5), or] extended under paragraphs m'(4), rrf(7) (extensions), VII(1), or VII(3) (deferments). (2) Upon my written request, the repayment period may start on a date earlier than the one indicated in paragraph ITt(l).
(3)(^) I promise to repay the principal nad interest over the course of she repayment period in eq~ monthly, bimonthly, or quar~riy
installments, as determined by the Institutiou. I understand that, if my installment payment for all the loans made to me by the Institution is not
a multiple of $5, the Institution may round that payment to the next highest dollar amount that is a multiple of $5.
(B) Notwithstnnding paragraph HI(3)(A), upon my written request, repayment may be made in graduated instalimenta in ascordance with a
schedule approved by the Secretary.
(4) Notwithstanding paragraph I~'(1), if I qualify ~s a low-income individual during the repayment period, the Institution, upon my written
request, may extend the repayment period for up to an additional ten (10) years and may adjust any repayment schedule to reflect my income.
[(5)(A) If the monthly rate that would be established under paragraph I~(1), or the total monthly repayment rate of principal ami interest on
all my Federal Perkins Lomb, including this loan, is less than $40 o00 per month, I shall repay the principal and intarest on
this loan at the rate of $40.00 per month (which includes both principal and interest).
(5)(B) If I have received Federal Perkins ~ from other institutions and the total monthly repayment rnte on those loans is less than
$40.00 the $40.00 monthly payment established under subparagraph III(5)(A) includes the amounts I ow~
on all my outstanding Federal Perkins Loans, including those received from other institutions. The portion of the $40.00
monthly payment that will be applied to this loan will be the difference bet~veen $40.00 and the total of the amounts owed ~t a
monthly rate on my other Federal Perkins Loans.
(6) The .Institution may permit me to pay less than the rate of $~[.0.00 per month for a period of not more than one (1) year
where necessary to avoid hardship to me uales.s that action would extend the repayment period in peragrnph IU(I).]
CO The Im,'titution may, upon my writ~n request, reduce any scheduled repayments or extend the repayment period indicated in paragraph
fll(1), if, in its opinion, clrcumst~mces such as prolonged illness or unemployment prevent me from making the scheduled repayments.
However, interest shall continue to accrue.
IV. Prenavment
(1) I may, at my option and without penalty, prepay all or any part of she principal, plus any accrued interest thereon, at any time.
(2) Amounts I repay in the academic year in which the lua~ was made nad the initial ~'uce period has not ended will be used to reduce the
amount of the loan and will not be considered a prepayment.
(3) If I repay amounts during the academic year in which the loan was made and the initial grace period ended, only tho~ amounts in excess
of the amount due for any repayment period shall be considered a prepayment.
(4) 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 installment, the
excess will be used to repay principal unless I desiganta it as an advance payment of the next regular installment.
V. l)e fualt
(1) The Institution may, at its option, declare my loan to be in default a-nd may demand immediate payment of the entire unpaid balance of
the loan, including principal, interest, late charges, and collection costs, if-
(A) I do not make a scheduled payment when due under the repayment schedule established by the l~-stitution; and
(B) I do not submit to the Institution, on or before the date on which payment is due, documentation that I qualify for a deferment,
cancellation, or forbearance a.s described in Articles VI, VII, VIII, IX, X, XI, XII, XI~, or XIV of this agreement.
(2) I understand that the Institution may disclose to credit bureau organizations the amount of loans made to me. along with other relevant
Page I of 4
Federal Perkins/Iuly 1993
information.
(3) I undergand that, if I default on my loan, the Institution may disclose that I have defaulted, along with other relevant information, to
credit bureau org~izations.
(4) Further, ! understand that, ill default on my Ioa~ and the l.oan is assigned to the Secretary for collection, the Secretm'y may disclose that
I have defaulted, along with other relevant information, to credit bureau organizations. (5) I understand that, if I default on my Ioaxt, I will lose my right to forbem-'ance.
(6) I understand that, if I default on my loan, I will lose my right to defer repayments.
(7) I understand that, if the l~stitution accelerates the loan under paragraph V(I), I will lose my right to receive a cancellation cfa portion of
my loan for any service described in Ai-ticles VI~I, IX, X, X~, XII, X]]I, or X~' perfo~aed after the date the Institution accelerated the loan.
($) I undersumd that failure to pay this obligation uudar the terms agreed upon will prevent my obtaining additional studant financial aid
authorized under Title IV of the Higher Education Act of 1965, as amended, until ! have made arrangements that are satisfactory to the
Institution or the Secretary regarding the repayment of the loan.
VI. Forbearanr~e
(1) I understand that, upon making a properly documented written request to the Institution, ! am entitled to be granted forbearance of
principal and interest or principal only, renewable at 12-month intervals, for n period not to exceed three years, if-
(A) My debt burden equals or exceeds 20 percent of my gross income; or
03) The Institution determines that I qualify for other reasons.
VII. Deferment
(l) I under.md that, upon making a properly documented writton request to the h~'tltut~on, ! may defer making scheduled installment
payments and will not be liable for any interest that might otherwise accrue during the following periods:
(A) For any period that I am-
(i) Enrolled and in attendance as a regular student in at least a half-lime course of study at aa eligible insfitotion;
(ii) Enrolled and in attendance as a regular student ia a course of study that is part of n graduate fellowship program approved by the
Secretary;
(iii) Engaged in graduata or post-graduate fellowship-supported study (such as a Fulbright gran0 outside the United States; or
(iv) Em'oiled nad in attendance in a course of study that is part of a rehabilitation training program for disabled individuals approved by the
(B) For any period that ! am engaged in service described in A~icles VIII, IX, X. XI, XII, XI~, or XIV of this agreement.
(C) For a period not to exceed threc (3) years during which-
(i) I am seeking and unable to find f~ll-time employment; or
(ii) For any reason that my Institution determines has caused or will cause me to have an economic hardship.
(2) I understand that I am not eligible for a deferment umler paragraph (VIir)(1)(A) while I am'serving in a medical internship or residancy
program.
(3) I understand that I may continue to defer making scheduled installment payments and will not be liable for any interest that might
otherwise accrue for a six (6) month period immediately following the expiration of any deferment provided in paragraph VII(l).
VIII. Teachinn Cancellation
(1) I unders~nd that, upon making a properly documented written request to the Institution, I am entitled m have up to 100 percent of the
amount of this loan plus the interest thereon canceled if I perform qualifying service after the period for which I received the loan-
(A) As a f~ll-time teacher in a public or other nonprofit alementary or secondary school in the school district of a local educational agency
that is eligible in such year of service for f~nds under Chaptur 1 of the Education Consolidation and Improvement Act of 1981, as amended, and
which has been designated by the Secretary (after consultation with each State Department of Education) in accordance with the provisions of
section 465(a)(2) of the Act ns a school with a high concentration of students f'tom low-income families. An official Directory of designated
Iow-income schools is published annually by the Secretary;
(B) As a full-time special education teacher (including teachers of infants, toddlers, children, or youth with disabilities) in a public or other
nonprofit elementary or secondary school systum, or as a full-time qualified professional provider of early intervention services in a public or
other nonprofit program under public supervision by the lead agency as authorized in section 6760))(9) of the Individuals With Disabilities
Education Act; or
(C) As a full-time teacher of mathematics, science, foreign languages, bilingu.al education, or nay other field of expertise that is determined
by the State Department of Education to have a shortage of qualified teachers.
(2) A portion of this loan will be canceled for each completed year of teaching service at the following rates:
(A) 1S percent of the total principal amount of the loan plus interest on the unpaid balance accruing during that year for each of the fir~ and
~ecoud complete academic years of thai teaching service;
(B) 20 percent of the total principal amount of the Icao plus interest on the unpaid balance accruing during that year for each of the third and
fourth complete anademic years of that tt~ching service; and :
(C) 30 percent of the total principal amount of the loan plus interest on the unpaid balance accruing during that year for the fifth complete
academic year of that teaching service.
IX. Head Start Cancellation
(1) I understand that, upon making a properly documented written request to the Institution, I am entitled to have up to I00 percent of the
amount of this loan plus the interest theroun canceled if I perform qualifying service nRer the period for which I received the loan ns a full-time
staff member in a Head Ste~ program if-
(A) That Head St.art program is operated for a period that is comparable to a full school year in the locality; and
Page 2 of 4 Federal Perlfins/.Zaly 1993
(B) My salary is not more than the salary of a comparable employee of the local educational agency.
(2) This loan will be canceled at the rate of 15 percent of the total principal amount of the loan plus interest on the unpaid balance accruing
during that year for each complete school yea~ or equivalent period of service in a Head Start program.
O) Head St~'x is a preschool program carried out under the Head Star~ Act.
X. ~v[ilitarv Cancellation
(1) I unders~nd that, upon making a properly documented w~tten request to the lastimtina, I am entitled m have up to 50 percent of the
principal amount of this loan plus the interest thereon canceled if I serve a~ a member of the Armed Forces of the umted States in an a~-e.a of
hostilities that qualifies for special pay under section 310 of Title 37 of the United States Code.
(2) This loan will be canceled at the rate of 12 1/2 percent of the total principal amount of the loan plus interest on the unpaid balance
accruing during that year for each complete year of such qualifying scrvice after the period for which I received the loan.
X~. Volul~teer Service Cancellation
(1) I understa~ that, upon malting a properly documented written request to the Institution, I am entitled to have up to 70 percent of the
~mount of this loan plus the interest thereon ca~lcaled if ! perform qualifying service after the period for which I received the Inap-
t (A) A~ a volunteer under the Peace Corps Act; or
(13) A~ a volunteer under the Domestic Volunteer Service Act of 1973 (ACTION programs).
(2) This lo~n will be canceled at the following r~ns:
(A) 15 percent of the total principal amount of the loan plus interest on the unpaid balance accruing during that year for each of the fruit and
sccond twelve (12) month periods of volunteer service completed; and
(]3) 20 percent of the total principal amount of the loan plus interest on the unpaid balance accruing during that year for each of the ~ird ami
fourth twelve (12) mouth periods of volunteer service completed.
XlL Law l:.nforcement or Corrections Officer Cancellation
(1) I undere~d that, upoll IBslrln~ a properly documented written request to the [nstltotlon, I am entllled to have up to 100 percent of the
amount of this loan plus the interest thereon canceled if I perform qualifyin~ service after the period for which I received the loan-
(A) As a full-tlme law enforcement officer for service to aa aligible local, State, or Federal law enforcement agency; or
(]3) As a full-time corrections officer for service to an eligible loc~, State, or Federal correcfion~ agency.
(2) A portion of this loan will be canceled for each completed yusr of law enforcement or corrections service at the following rates:
(A) I$ percent of the total principal ~anount of the loan plu~ interest on the unpaid balance accruing during ~ year for each of the ftr~t and
~econd complete years of that service;
(]3) 20 percent of the toad principal amount of the Io~n plus interest on the unpaid bahmce accruing during that year for e~ch of the th~-d and
fourth complete years of that service; and
(C) 30 percent of the total principal amount of the loan plus interest on the unpaid balance accruing dul~ng that year for the fifth complete
year of that ~ervice.
XI]I. Nurse or Meclical Technician Cancellation
(1) I understand that, upon making a properly documente~ written request to the hlstltntion, ! ~an entitled to have up to 100 percent of the
amount of this loan plus the interest thereon canceled if I perform qualifying service after the period for which I received the loan ns a full-lime
nuree or medical tech~icinn providing health care services.
(2) A portion of this loan will be canceled for each completed year of service at the followin~ rates:
(A) 15 percent of the total principal amount of the loan plus interest on the unpaid balance accruing during that year for each of the first and
sccond complete years of that service;
(13) 20 percent of the total principal amount of the loan plus interest on the unpaid balance accruing during that year for each of the third and
fourth complete years of that service; and
(C') 30 percent of the total principal amount of the loan plus interest on the unpaid balance accruing during that year for the fifth complete
ye~- of that ~ervice.
XIV. Child or Family Service Aeencv CaBceilation
(1) I understand that, upon m~l~ing a properly documented written reque~ to the ln~to~on, I am entitled to have up to 100 percent of the
amount of this lo~n plus interest thereon canceled if I perform quali~ing service after the period for which I received the loan ac a full-time
employee of aa eligible public or private nonprofit child or family service a~ancy who is providing, or supervising the provision of, service~ to
high-ri~;k children who are from low-income communities and the familie~ of ~uch children.
(2) A portion of this loan will be canceled for each completed year of service at the following rates:
(A) 15 percent of the total principal amount of the loan plus interest on the unpaid balance accruing during that year for each of the first and
secoud complete years of that service;
(13) 20 percent of the total principal amount of the loan plus interest on the unpaid balance accruing during that yesx for each of the third and
fourth complete years of that service; and
(C') 30 percent of the total principal amount of the loan plus interest on the unpaid balance accruing during that year for the fi/~h complete
ye. ar of that service.
XV. D~ath and Di~abili~ Cancellation
(1) la the event of my death, the ~otal amount owed on this loan will be canceled.
(2) If I become permanently and totally disabled a~er I receive this loan, the Institution will cancel the total amount of this loan.
X'VI. Chan~e in Name, Address. Telenbone Number. or Social Security Number
I am responsible for informing the ~timtion of any change or changes in name, address, telephone number, or Social Security number.
Page 3 of 4
Federal Perkin~Juiy 1993
(1) The Institution v~ll impos~ a. lam charge it'-
(A) I do not make a scheduled payment x~/hen it is doe; and
(~) ! do not ~bmit m ~ ~m6oo, on or ~ore ~ ~ on'~ic~ payment is due, d~umen~on ~ ~ q~i~ ~or a decedent,
c~cella~on, or ~or~ce ~ de~ in ~clee ~, ~, ~, ~, X, ~, ~, ~, or ~ o~ ~is n~ment.
~) No ch~e may exc~ 20 ~ent o~ my mon~ly, bimon~y, or q~rly payment.
~)(A) ~e ~mfion may--
(~) Add ~e la~ ch~ge ~ ~e p~cip~ ~e ~y ~r ~e gh~ul~ repayment ~ due; or
(ii) ~cl~e it ~ ~e next ~h~uled repayment a~r I have r~eiv~ notice of ~e la~ ch~ge.
~) If ~e ~on el~ ~ ~d ~e 1~ ch~e ~ ~e ou~din~ p~nclp~
~xt i~ment.
(1) ~is no~ rosy be ~ign~ by ~e ~m~on o~y ~
(A) ~e U~ S~s;
~) ~o~er i~imtion u~n my ~fer m ~ i~mtion if ~at i~tlm~on is p~icipa~ng in ~is pro~; or
(~ ~o~er ~tlmtion ~p~ved by ~e ~re~.
~) ~e provisio~ of ~is no~ ~at r~la~ to ~e ~m~on ~1, where ~prop~a~, re~
(~) ~y holder oF ~is 1~ is ~Bject m ~1 cl~s ~d defers ~at I could
limi~ to ~e ~ount I tepid on ~is
~. p~or ~ans
hereby ce~i~ ~at I have li~ below ~1 of ~ Feder~ Per~ ~ I have
r~eived, s~ 'None.")
~DE~ PE~S LOANS AT OT~R ~ST~IONS
Amount Date Institution
Schedule of Advances
The following amounts wero advanced to me under this loan agreement on the dates indicatmi:
Amount Date Signature 0~Borrower
, ,ooo.oo
$1,000.00
3
4
NOTICE TO BORROWER: DO NOT SIGN 'l'ltl~ l~o'r~ B]~'OR~ YOU RE,~J) ]'~.
I UNDEBSTAND ~ AGREE TO ALL O~ FOREGOING TERMS AND CONDITIONS.
[This n°te ~an~ a 'a~ed i rna'at-] ~. ,
~e ~o~r ~g ~on ~] execu~ ~s note ~out ~u~ty ~d ~out endor~ment.
The Institution shall provide a copy of this note to you and you should retain the copy for your records.
(Authority: 20 U.S.C.1087dd)
Page 4 of 4
Federal Perk:ins/luly 1993
Exhibit B
PERKINS (NDSL) TRUTH IN-LENDING STATEMENT
DICKINSON COLLEGE
Account Number 00273-000-00-2992-09
Name of Borrower Jason Michael LiDp¥
Address 8 N. Arthur Dr.
Sinking Springs, PA 19608
;~NNUAL PERCEntAGE
RATE
The cost of your
credi= as a yearly
rate.
AMOUNT FINANCED
The amount of
credit provided
:o you.
Prior Co During
repayment repaymen=
0 %. 5
$ 2.000.00
ITemization of the Amount Financed: $ 2,000.00
Amount given direc=ly =o you.
Late Charge:
If a payment is late, you may be charged: $1.00 for =he first
late paymen=, and $2.00 for each subsequent late payment if
=his 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.
Prepaymen=: If you pay off early, you will no= have to pay a penalty.
See your promissory noue for any additional information about nonpaymenT, de-
fault, any required repayment in full before =he scheduled dace, and pre-
payment.
THE BORROWER ACY~NOWLE<G~S/~CEIPT
L./q ../,I
OF AN EXACT COPY OF THIS STATEMENT.
INSTITUTIONAL ~
REPRESENTATIVE
DATE
EXHIBIT "B"
00273-000-00-2992-09
-09
Promissory Note-Federal Perkins Loan Program
[Any bracketed clause or paragraph may be included at option of instltution.] .
L ,laAnn Mirh~p] I iDi~V , promise to pay to Dickinson Colleqe (herein~arc~Jed~e
~tltulion),lucatedat Carlisle. PA 17013-2896 . ~he sum of the amounts that are advanced to me and endorsed in the
Schedule of Advances set forth below. I promise to pay all reasonable collection costs, including aUorney fees and other charges, necessary for
the collection of any amount not paid when due.
X further understand and agree that:
I. ~enerni
(1) Aoulicable Law. All sums advanced under tiffs note ~ze drawn from a fund created under Part E of Title IV of the Highar Education Act
of 1965, ns amended (hereinafter called the Ac0, and are subject to the Act and the Federal regulations issued under the Act. The terms of this
note shall be interpreted in accordance with the Act and Federnl regulations, copies of which are to be kept by the htstitution.
(2) Procedures for Receivin~ Deferment, Cancellation, or Forbearance. I understand that, to receive a deferment, cancellation, or
forbearance, I must request the deferment, cancellation, or forbearance in writing from the Institution and must submit to the Institution any
documentation required by the Institution to prove that I qualify for the deferment, eancellndoo, or forbanrunee. I further understand that. if I
· m eligible for deferment, cancellation, or forbearance under A~icles VI through XIV, I am responsible for submiuing the appropriate requests
on time. I further understand that I may lose my defurmen[, cancellation, and forbearance benefits if I fail to ~e my request on time.
H. Interest
Interest shall accrue from the beginning of the repayment period and shall be at the ANNU,~L PERCENTAGE RATE OF ~ PERCENT
(5%) on the unpeid balance, except that no interest shall accrue during any determent period described in Article VI1.
1~. Reeavment
(1) I promise ~o repay the principal and the interest that accrues on it to the Institution over a period beginains~ nine (9) months after the d~e
I c,-*-,- to be at Icast a half-time regular student at an institution of higher education, or at a comparable institution outside the United States
eppruved for this purpose by the United States Secretary of Education (hereinafter called the Sucremry), and endin~ ten (10) yeats later, unless
that period is [shortened under paragraph ]1I(5), or] extended under paragraphs m(4), m(7) (extensions), VII(I), or V'ff(2) (defurmante). (2) Upon my written request, the repayment period may s~rt on a ,t,.,,~ earlier than the one indicated in paragraph in(l).
(3XA) I promise to repay the principal and interest over the course of the repayment purled in equal tuonthly, bimonthly, or quarterly
instnlimants, ns determined by the Institution. I understand that, if my installment payment for all the loans tunde to me by the Institution is not
a multiple of $.5, the In~itution may round that payment to the next highest dollar amount that is a multiple of $5.
(B) Notwithstanding paragraph mc3)(A), upon my written request, repayment may be tunde in arad-,.,,,~ installments in accordance with a
schedule approved by the Secretary.
(4) Notwithstanding para~ruph re(l), if I qualify as u low-income individual during the repayment period, the hmitutiou, upon my written
request, may extend the repayment period for up to an additional ten (10) years and may adjust any repayment schedule to reflect my income.
[(53(A) If the monthly rate that would be established under parap, raph IH(l). or the total monthly repayment ram of principal and interest on
nil my Federal Perkins Loa~. including this loun, is less than $40 o00 per month, I shall repay the prinoipnl and intere~ on
this loan at the rate of $40.00 per month (which includes both principal and interest).
(5)(B) If I have received Federal Pe~'k'ins Ld}a/~ from other institutions and the total monthly repayment r~ on those loans is le~ than
$40 · 00 the $40 o 00 monthly payment established under subparagraph I~(5)(A) includes the amounts X owe
on nil my outstanding Federal Perkins Loans, including those received from other institutions. The po~ion of the $40.00
monthly payment that will be append to this l~m will be the difference between $40.00 and the total of the amounte owed at a
moathiy rate on my other Federal Perkins Loans.
(6) The.institution may permit me to pay les~ thun the rate of $40°00 per month for a period of ant tuoru the,. oas (1) year
where eeceesary to avoid hardship to me unless that action would extend the repayment period in paragraph I~I(1).]
(7) The Institution may, upon my written request, reduce any scheduled repayments or extend the repayment parind indlc,.*,",! in paragreph
tit(l), if, in ite opinion, circumstances such as prolonged illness or unemployment prevent me from mn~;ng the scheduled repayments,
However, interest shall continue to accrue.
IV, Preouvment
(1) I may, at my option and without penalty, prepay ail or any p~rt of' the principal, plus any eccrued interest thereon, at any time.
(2) Amounts I repay in the academic year in which the loan was made and the imtinl grace period ha~ not ended will be used to reduce the
amount of the loan and will not be considered a prepayment.
C3) IfI 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.
(4) 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 installment, the
exce.~s will be used to repay principal unless I designate it aa an advance payment of the next regular installment.
V. Default
(1) The Institution may, at its option, declare my loan to be in default and may demand immediate payment of the entire unpaid 5alance of
the loan, including principal, interest, lam charges, and collection casco, if-
(A) I do not melee a scheduled payment when due under the repayment schedule established by the Institution; and
(B) I do not submit to the Institution, on or before the date on which payment is due, documentation that X qualify for a deferment,
cancellation, or forbanrance as described in Articles VI, V~, VI~, IX, X, XI, ~[~, X[in, or X]'V of this as,reemenL
(2) I understand that the Institution may disclose to credit bureau organizations the amount of loans made to me, along with other relevant '
Pale 1 of 4
Federal Perlrlne/Jnly 1993
information.
(3) I understand that, if! default on my loan, the h~titutinn may disclose that I have defaulted, along with other relevant information, to
credit bureau organizations.
(4) Fur~er, I understand that, if ! default on my ina~ .and the loan is a~iigned to the Secretary for collection, the Secretary may disclose that
I have defaulted, along with other relevant information, to credit bureau organizations. (5) I uuders~ud that, if I default on my loan, I will lose my right to forbearance.
(6) I understand that, if I default on my loau, I wil! lose my right to defer repayments.
(7) I understand that, if the institution accanerutes the loan under paragraph V(I), I will lose my right to receive a cancellation of a portion of
my loan for any service described in Arg¢les VIII, IX, X, XI, XII, X~I, or XIV performed after the date the Institution a~celerated the loan.
(8) I understand that failure to pay this obligation under the terms agreed upon will prevent my obtaining additional student financial and
authorized under Title IV of the Higher Education Act of 1965, ~s amended, until I have made an.a~gements that are satisfactory to the
Institution or the Secret~'y regarding the repayment of the iaaa.
VI. Forbesrance
(I) ! understand that, upon making a properly documented writhe request to the Institution, I am entitled to be granted forbearance of
principal and interest or principal only, renewable at 12-month intervals, for a period not to exceed three years, if-
(A) My debt burden equals or exceeds 20 percent of my gross iocotue; or
(B) The Institution determines that I qualify for other reasons.
Vil. l)e fer~e~
(1) I understand that, upon tunlt-lng u properly docutuented written request to the Institution, I tuay defer making scheduled in~anlmeat
payments ~nd will not be liable for any interest that might otherwise accrue during the following periods: (A) For any period that I am-
(1) Enrolled and in attunda~ce as n regular student in at least a hanf-titue course of study at an eligible institution;
(ii) Enrolled and in attendance as a regular student in a course of study that is part of s gt'eduate fellowship program approved by the
(iii) Engaged in graduate or pout-grmtuate fellowship-suppoc, ed study (such as a Futhright gran0 outside the United States; or
(iv) Enrolled and in attendm~ce in a course of study that is part of a rehabilitation training program for disabled individuals approved by the
('B) For any period that I am engaged m service described in Ariicles VIII, IX, X, XI, XII, XIII, or XIV of this agreetuent.
(C) For a period not to exceed three (3) years during which-
(i) I am seeking and unable to fimt foil-time employment; or
(ii) For any reason that my Institution determines has caused or will cause me to have an economic hardship.
(2) I understand that I am not eligible for a deferment under paragraph (VII)(I)(A) while X am~serving in a medical internship or rnsidou~y
program.
O) I understand that I may continue to defer making scheduled installment payments and will not be liable for any intere~ that might
otherwise accrue for a six (6) tuonth period immediately following the expiration of any deferment provided in pss~ruph Vll(1).
VIII. Teachinz Cancellation
(1) I understand that, upon making a properly documented written request to the l~stitutlon, I am eatlil~d to have up to I00 percent of the
amount of this loan plus the interest thereon canceled if I perform qatgifying service after the period for which I received the Ioau-
(A) A~ a foll--tltue te~:har in n public or other nonprofit elementary or secondary school in the school district of a local ed-¢_-~ionan
that is eligible in such year of service for funds nude!' Chapter I of the Education Consolidation and Improvement Act of 1981, ns amended, and
which has been designated by the Secretary (after consultation with each State Departtuant of Education) in acaordauce with the provisions of
section 465(a)(2) of the Act as a school with a high concentration of smdants from Iow-income families. Aa official Direatory of dnsig
low-income schools is published ~nnuaily by the Secretary;
(B) As a foll-titue special education teacher (including teachars of infants, toddlers, children, or youth with disabilities) in a public or other
nonprofit elementary or socond~r'y school system, or ss u full-titue qualified profnssiop~l provider of curly intervention servinns in n public or
other nonprofit program under public supervision by the lead agency ss authorized in section 676Co)(9) of the Xndividuais With Disabilities
Education Act; or
(C) As a full-titue teacher of tuathetuatics, 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 quail~ed teachers.
(2) A portion of this loan will be canceled for each cotuplated year of teaching service at the following rates:
(A) 15 percent of the total principal amount of the loan plus interest on the unpand balance accruing during that year for each of the first and
~:ond complete academic years of thai teaching service;
(B) 20 percent of the total principal amount of the loan plus interest on the unpaid balance accruing during that year for ~ah of the third and
fourth cotuplete academic years of that teaching service; and
(C) 30 percent of the total principal amount of the loan plus interest on the unpaid balance accruing during that year for the fifth complete
academic year of that teaching service.
IX. Head Star! Cancellation
(1) I understand that, upon making a properly documented wrlUen request to the Institution, I am entitled to have up to 100 percent of the
amount of this loan plus the interest thereon canceled if I perform qualifying service afier the period for which I received the loan as a f~ll*time
staff member in a Head Start program if-
(A) That Head Start program is opernted for u period that is eomperable to a full school year in the locality; and
Page 2 of 4
Federal Perk~n*/,luly 1993
(B) My salary is not more than the salary ut' n comparable employee ut' the local oducatioeel agency.
(2) This loan will be canceled at the rate of 15 percent of the totnl principal amount of the loan plus interest on the unpaid ba~mce accruing
during that year for each complete school ye. ar or equivalent period of service in u Head Star~ program.
O) Head Start is a preschool program carried out under the Head Star~ Act.
X. Militerv Cancellation
(1) I understand that, upon making · properly documented written request to the Institution, I am entitled to have up to 50 percent of the
principal amount of this loan plus the interest thereon canceled if I serve as a member of the Armed Forces of the United States in an are~ of
hostilities that qualifies for speniai pay under section 310 of Title 3'/of the United Srnt~* Code.
(2) This loan will be canceled at the rate of 12 1/2 percent of the total principal amount of the loan plus interest on the unpnid balance
accruing during that year for each complete year of such quniifying service af~er the period for which I received the loan.
X]. Volt~nteer Service Cancellation
(1) I understand that, upon making a properly documented written request to the Itmitutiou, I am entitled to have up to 70 percent of the
amount of this loou plus the interest thereon canceled if ! perform qualif3,ing service after the period for which X received the loan-
. (A) As a volunteer under the Peace Corps Act; or
(B) As n volunteer under the Domestic Volunteer Service Act of 1973 (ACTION programs).
(2) ~ Imm will be canceled at the following rates:
(A) 15 percent of the toud prinnipel amount of the loan plus interest on the unpnid balance accruing during that year for each of the fu~ and
second twelve (12) month periods of volunteer ~rvice completed; a~i
(B) 20 percent of the total principni amount of the loan plus interest on the unpaid balance accruing during bt year for e4t~h of the third ~nd
fourth twelve (12) month periods of volunteer service completed.
Xll. Law Enforcement or Correction.$ Off~cer Cancellation
(1) I understand thnt, upon making a properly documented written reques~ to the Institution, X am entitled to have up to 100 percent of the
amount of this loan plus the interest thereon canceled if I perform qualifying service offer the period for which I received the loan-
(A) As & full-tlme law enforcement eisner for service to an eligible local, State, or Fndend law enforcement ~gancy; or
(13) As n foil-time corrections of~eer for service to an eligible local, Sta~, or Federal corroctious agency.
(2) A portion of this loan will be canceled for each completed year of law enforcement or corrections service at the foHowlng rates:
(A) 15 percent of the total prlnnipni amount of the loan plus interest on the unpnid bn!nn~8 accruing during that yanr for eanh of the first ami
sncond complete years of that service;
(B) 20 percent of the total principal amount of the loan plus interest on the unpaid balance accruing during that year for each of the third and
fourth complete years of that service; and
(C) 30 percent of the total principal amount of the loan plus interest on the unpaid bainnce accruing during that year for the fifth complete
year of that service.
X~II. Nurse or Medical Technician Cancellation
(1) l nodar**n,~,4 that, upoll making a properly documented written request to the institution, ! am entitled to have up to 100 percent of the
amount of this loan plus the interest thereon canceled if I perform quniifying service ai~er the period for which I rccnivod tho loan us n full-time
nurse or medical technician providing health care services.
(2} A portion of this loan will ha canceled for each completed year of service et the following rates:
(A) 15 percent of the total principal amount of the loan plus interest on the unpnid balance accruing during that year for each of the first and
tecond complete years of that service;
(B) 20 percent of the total principe~ amount of the loan plus interest on the unpaid balance accruing during that year for each of the third and
fourth complete years of that service; and
(C) 30 percent of the total principal amount of the loan plus interest on the unpaid balance accruing during that year for the fifth complete
year of that service.
X~V. Child or Family Service Afencv Cancellation
(I) I understand that, upon mal~;,,~ n properly documented written request to the Im~itutlon, I am entitled to lutve up to 100 percent of the
amount of this loan plus interest thereon canceled if I perform qualifying service ~fcer the period for which X rnceived the Joan su a foil-time
employee of an eligible public or privam nonprofit 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.
(2) A portion of this loan will be canceled for each completed year of service at the foliowlng retes:
(A) 15 percent of the total principal amount of the loan plus interest on the unpaid balance accruing during that year for each of the first and
second complete years of that service;
('B) 20 percent of the total principni amount of the loan plus interest on the unpnid balance accruing during that year for each of the third and
fourth complete years of that service; and
(C) 30 percent of the total principal amount of the loan plus interest on the unpaid balance accruing during that year for the fifth complete
year of that service.
XV. Death and Disability Cancellation
(1) In the event of my death, the tend amount owed on this lean wtll be c. nncelod.
(2) If ! become permanently and totnily dls~bled after I receive this loan, the Institution will cancel the tot~ amount of this loan.
XVI. Chnnte in Name, Address, Telenhonc Number. or $ocinl Securltv Number
I am responsible for informing the Institution of any change or changes in name, address, telephone number, or Social Security number.
Page 3 of'4 Federal Perklns/inly 1993
(1) The I~titutinn w/il impose a' laze charge if-
(A) I do ant make a scheduled payment when it is due; and
(B) I do not ~ubmit to ~e Institution, on or before the d~a on which payment is due, decumentation that ! qualify for a deferment,
cancellation, or forbeara~e aa described in Articles Vir, VII, VIII, IX, X, XI, XII, XIII, or XIV of this agreement.
(2) No charge may exceed 20 percent of my monthly, blmoutidy, or quarterly payment.
(3)fA) The Institution may--
(0 Add the late charge to the principal the day after the scheduled repayment wa~ due; or
(ii) Include it with the next scheduled repayment after I have reoeived notice of the late charge.
(B) If the Institution elects to add the late charge to the outstanding principal of the Ions, it must so infncm me before the due date of the
next in~alltuent.
(I) This note may be ar, signed by the Institutiou only to-
(A) The United State. s:
(B) Another institution upon my transfer to that institutiou if that institution ia participating in this program; or
(C) Another hutltutlon approved by the Secretary.
(2) The pmviaion~ of this note that relate to the Institution shall, where appropriate, relate to an a~signee.
(3) Any holder of this loan is a'ubject to all claims and defenses that I could ~ser~ agal~'t the Institution that made this loan; my recovery ia
limited to the amount I repaid on this loan.
I hereby certify that ! have listed below all of the Federal Perkins Loans ! have obtained at other institutions. (If no print loans have been
received, s~te "None.')
FEDERAL PERKINS LOANS AT OTHER INSTITUTIONS
Amount Date Institution
Schedule of Advances
The following amounts were edvanced to me under this loan agreement on the dates indicated:
~ount Da~ Sig~re of ~r
~ $1.000.00 g-~-95 ~
2 ~1.000.00 1-23-96 ,~ ~
4
NOTIC~ TO BORROWER: DO NOT SIGN ~l~:l~ NO'Iii: BI.ORE YOU RF_..4.D IT.
AND AGREE TO ALt, OF 'll:u~ FOII.EGOING i',~4S ~ CO~ONS.
A~ (S~at or "OX Numar, C~., ~d Zip C~e)
The borrower and Institution shall execute this note without security and without endorsement.
The Institution shall provide a copy of this note to you and you should retain the copy for your records.
(Authority: 20 U.$.C. 1087dd)
Page 4 of 4
Federal Perkina/~uly 1993
VERIFICATION
I, THOMAS MEYER, Assistant Treasurer of Dickinson College, acknowledge that I have
the authority to execute this Verification on behalf of Dickinson College and certify that the
foregoing Complaint is based upon information which has been gathered by my counsel in the
preparation of this lawsuit. The language of this Complaint is that of counsel and not my own. I
have read the document and to the extent that this Complaint is based upon information which I have
given to my counsel, it is true and correct and to the best of my knowledge, information and belief.
To the extent that the content of this Complaint is that of counsel, I have relied upon counsel in
making this Verification.
This statement and Verification are made subject to the penalties of 18 Pa. C.S. § 4904
relating to unsworn falsification to authorities, which provides that if I knowingly make false
averments, I may be subject to criminal penalties.
Dickinson College
Tho~ ~
Assistant Treasurer of Dickinson College
Dated:
SHERIFF'S RETURN ~- OUT OF COUNTY
CASE NO: 2003-03259 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
DICKINSON COLLEGE
VS
LIPPY JASON
R. Thomas Kline
duly sworn accordin9 to law,
and inquiry for the within named DEFENDANT
LIPPY JASON M
but was unable to locate Him
deputized the sheriff of DAUPHIN
serve the within COMPLAINT
, Sheriff or Deputy Sheriff who bein9
says, that he made a diligent search and
to wit:
in his bailiwick.
County,
& NOTICE
He therefore
Pennsylvania, to
On July 18th , 2003
attached return from DAUPHIN
Sheriff's Costs:
Docketing
Out of County
Surcharge
Dep Dauphin Co
18.00
9.00
10.00
25.50
.00
62.50
07/18/2003
MDW&O
Sworn and subscribed to before me
this (, ~ day of ~,, ~
gl ozt~ A.D.
Prothonotary
this office was in receipt of the
So answer~: . ~
R. 2~homas Kl±ne
Sher~ of Cu~er~and County
In The Court of Common Pleas of Cumberland County, Pennsylvania
Dickinson Colle§e
VS.
Jason Lippy
03-3259 civil
SERVE: same No.
Now, July 11, 2003
hereby deputize~e She~ffof
, I, SHERIFF OF CUMBERLAND COUNTY, PA, do
Dauphin. Colmty to execute this Writ, this
deputation being made at the request and risk of the Plaintiff.
Sheriff of Cttmberland County, PA
Now,
upon
by handing to
a
and made known to
Affidavit of Service
,20 , at
o'clock
copy ofthe ofigin~
M. served the
the contents thereof.
So answers,
Sworn and subscribed before
me this __ day of
,20
Sheriff of
COSTS
SERVICE
MILEA GE
AFFIDAVIT
CounW, PA
Mary Jane Snyder
Real Estate Deputy
William T. Tully
Solicitor
Dauphin County
Han-isburg, Pennsylvania 17101
ph: (717) 255-2660 fax: (717) 255-2889
Jack Lotwick
Sheriff
J. Daniel Basile
Chief Deputy
Michael W. Rinehart
Assistant Chief Deputy
Commonwealth of Pennsylvania : DICKINSON COLLEGE
vs
County of Dauphin : LIPPY JASON
Sheriff' s Return
No. 1761-T ~ -2003
OTHER COUNTY NO. 03 3259
I, Jack Lotwlck, Sheriff of the County of Dauphin, State of
Pennsylvania, do hereby certify and return, that I made diligent
search and inquiry for LIPPY JASON
the DEFENDANT named in the within COMPLAINT
and that I am unable to find him/her in the County of Dauphin, and
therefore return same NOT FOUND, July 16, 2003
NEED BETTER ADDRESS. ON THE MAIL BOX HOBBIE, LYNCH, FREY NAMES ARE SHOWN,
DEPUTY HOPKINS SPOKE WITH MR FREY AND THERE IS NO BODY WITH THE LAST NAME
OF LIPPY RESIDING THERE.
Sworn and subscribed to
before me this 16TH day of JULY,
PROTHONOTARY
SO Answers,
Sheriff of Dauphin County,
Pa.
By
Deputy Sheriff
Sheriff's Costs: $25.50 PD 07/15/2003
RCPT NO 180673
DICKINSON COLLEGE,
Plaintiff
JASON M. LIPPY,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 03-3259
CIVIL ACTION-LAW
JURY TRIAL OF TWELVE DEMANDED
PRAECIPE TO DOCUMENT SERVICE AND COST OF SERVICE
PURSUANT TO THE PENNSYLVANIA LONG ARM STATUTE
I hereby certify that a copy of the Complaint was mailed to Jason M. Lippy on August 14,
2003, by certified mail, restricted delivery, return receipt requested.
Attached is the Post Office return receipt signed and dated August 18, 2003 and a copy of
the receipt showing the cost of service was $8.61.
MARTSON DEARDORFFd
David R. Galloway, Esquir~
I.D. No. 87326
Ten East High Street
Carlisle, PA 1'7013-3093
(717) 243-3341
LIAMS & OTTO
Date: August 25, 2003 Attorneys for Plaintiff
ru certified Fee
Retu n Receipt Fee
r-1 (Endorsement Requ
r"l Res rlcted DeliVer' Fee
r-1 (Endorsement Requl ed/
· Complete items 1, 2. and 3. Aisc complete
item 4 if Restricted Delive~J is desired.
· Print your name'and address on the reverse
· Attach this card to me ua,.~ - ~-I yes
or on the front if space permits.
If YES, enter delive~ address beton: I-I No
1. Article Addressed to:
[ ~ ~ns~red Mail ~-I C.O.D. ~
p-'~'~orm 3811, August 2001
DICKINSON COLLEGE,
Plaintiff
V.
JASON M. LIPPY,
Defendant
1N THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 03-3259
CIVIL ACTION-LAW
JURY TRIAL OF TWELVE DEMANDED
TO: JASON M. LIPPY, Defendant
NOTICE OF ENTRY OF DEFAULT JUDGMENT
You are hereby notified that on ~nt'~/~ ,2003, the following Judgment was entered
against you in the above-captioned case: In favor of Plaintiff and against Defendant Jason M.
Lippy, in the amount of $4,266.93, plus interest from April 3, 2003, in the amount orS101.43 and
attorneys' fees in the amount of $600.00 for a total of $4,968.36, plus costs of suit and interest
accruing at 5% per annum from date of judgment for Defendant's failure to file an answer to the
Complaint.
Date:
I hereby certify that the name and address of the proper person to receive this notice under
Pa. R. Civ. P. 236 is:
Mr. Jason M. Lippy
19641 West Seven Mile Road
Detroit, Michigan 48219
DICKINSON COLLEGE,
Plaintiff
3ASON M. LIPPY,
Defendant
TO: JASON M. LIPPY, Defendant
TO THE PROTHONOTARY:
1N THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 03-3259
CIVIL ACTION-LAW
JURY TRIAL OF TWELVE DEMANDED
PRAECIPE
Enter default judgment in the above-captioned action in favor of Plaintiff and against
Defendant in the amount of $4,266.93 plus interest from April 3, 2003, in the amount of $101.43,
attorneys' fees in the amount of $600.00 for a total of $4,968.36, plus costs of suit and interest
accruing at 5% per annum from date of judgment for Defendant's failure to file an answer to the
Complaint.
I do hereby certify that a written notice of intention to file this Praecipe (in the form attached
hereto) was mailed to the Defendant at the address indicated thereon, on September 15, 2003, which
date was subsequent to the date default occurred and at least ten (10) days prior to the date of the
Praecipe.
MARTSON, DEARDORFF, WILLIAMS & OTTO
David R. Galloway, Esquire
Ten East High Street \
Carlisle, PA 17013
(717) 243-3341
Attorneys for Plaintiff
Dated: October 27, 2003
DICKINSON COLLEGE,
Plaintiff
JASON M. LIPPE,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 03-3259
CIVIL ACTION-LAW
JURY TRIAL OF TWELVE DEMANDED
TO: JASON M. LI~PPE, Defendant
NOTICE OF INTENTION TO FILE PRAECIPE
FOR ENTRY OF DEFAULT JUDGMENT
YOU ARE 1N DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN
APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE
COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU.
UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A
JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY
LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS
NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT
AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE
YOU CAN GET LEGAL HELP:
Cumberland County Bar Association
32 South Bedford Street
Carlisle, Pennsylvania 17013
Telephone (717) 249-3166
Date:
September 15, 2003
MARTSON DEARDORFF i~ILLIAMS
David l~TGalloway, Esq~e [/)
Ten East High Street
Carlisle, PA 17013
(717) 243-3341
Attorneys for Plaintiff
& OTTO
7&lqc t~r
U.S. POSTAL SERVICE CERTIFICATE OF MAILING
MAY BE USED FOR DOMIEST,C AND INTERNATIONAL MAIL, DOES NOT
PROVIDE FOR ,NSLIRANCE -- POSTMASTER
R~ei~ Fro :
PS Form 3817, Mar. 1989
CERTIFICATE OF SERVICE
I, Ashlee N. Davis, an authorized agent ofMartson DeardorffWilliams & Otto, hereby certify
that a copy of the foregoing Praecipe was served this date by placing a copy of the foregoing
document in an envelope for service by first class mail, postage prepaid, addressed as follows:
Mr. Jason M. Lippy
19641 West Seven Mile Road
Detroit, Michigan 48219
MARTSON DEARDORFF WILLIAMS & OTTO
Ashlee N. Davis
Ten East High Street
Carlisle, PA 17013
(717) 243-3341
Dated: October 29, 2003
TABAS & ROSEN, P.C.
BY: LEWIS C. TRAUFFER, ESQUIRE
I.D. #60267
22nd Fl, 1845 Walnut Street
Philadelphia, PA 19103
(215)569-5050
Attorney for Plaintiff
MILTON S. HERSHEY MEDICAL CENTER
P.O. BOX 853
HERSHEY, PA 17033
VS.
RONALD SADLER, JR. &
MARSHA SADLER, h/w
931 NORTH MIDDLETON ROAD
CARLISLE, PA 17013
: COURT OF COMMON PLEAS
: CUMBERLAND COUNTY
: NO. 03-3566 CIVIL TERM
PRAECIPE
TO THE PROTHONOTARY:
Please amend the Default Judgment in the above captioned matter to read as follows:
Amount of Claim: $14,927.60
Interest at 6% per
annum from date of
discharge
Total
$ 1,196.66
$16,234.26
LEWIS C. ~-~LI1RE
Attorney for Plaintiff
F:/FI LES/DATAFILE/Diekinson College 7619\Dickins onCollegeCollect ions? 619C\Curr enfl 188 a~] Adc
Created 6/13/03 iI:08AM
Revised 4/6/04 10:05AM
7619C 188
DICKINSON COLLEGE,
Plaintiff
JASON M. LIPPY,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 03-3259
CIVIL ACTION-LAW
JURY TRIAL 'DF TWELVE DEMANDED
AFFIDAVIT OF DUE DILIGENCE
I, David R. Galloway, Esquire, hereby certify and return that on March 29, 2004, I completed
due and diligent attempts to serve Defendant Jason M. Lippy at his last known addresses of 152
Elizabeth hearth, Mooresville, North Carolina 28116, via certified mail, restricted delivery; a copy
of the envelope is attached hereto.
I certify that the foregoing statements made by me are true, correct and my free act and deed.
I am aware that if any of the foregoing statements made by m_..~qzl~r,¢~ willfully false, I am subject to
ptmishment. ~ ~ x'~ (v,~. ,,,,~-
David R. Gallowa;~ire
Sworn ~t~and subscribed before me
this ~ day of ~
,2004.
"l~6~a~y Publi~
Postage
Certified Fee
(Eadorsement Required)
Restricted Delivery Fee
(Endorsement Required)
Total; Postage & Fees