HomeMy WebLinkAbout03-3261
F:\F1LES\DA T AFlLEIDickinson College 7619IDickinsonCollegeCollections7619ClDocuments\ lSO,com
Created4128/03l:54:03PM
Revised: 7/9/033:22:15 PM
v.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. .03 - J ;;"Cs, {
CJVIL ACTION-LAW
DICKINSON COLLEGE,
Plaintiff
JOSEPH L. DONAHUE,
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 obj ections 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
MARTSON D~S & OTTO
~
David R. Galloway, Esquire
J.D. Number 87326
Ten East High Street
Carlisle, P A 17013
(717) 243-3341
l
Attorneys for Plaintiff
Date: '1 If /&3
v.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 63 3;2.t,/ ~ 7~
CJVIL ACTION-LAW
DICKINSON COLLEGE,
Plaintiff
JOSEPH L. DONAHUE,
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:
1. Plaintiff Dickinson College is a Pennsylvania educational institution and nonprofit
corporation with its principle place of business at West Street, Post Office Box 1773, Carlisle,
Cumberland County, Pennsylvania 17013.
2. Defendant Joseph L. Donahue is an adult individual with a last known address of 481
Stafford Road, #3, Mansfield Center, Connecticut 06250-1426.
3. On or about August 28, 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 Plaintiffs institution.
5. On or about September 18,1996, 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$2,000.00 plus interest and costs by Defendant
on his own behalf, for educational services and benefits at Plaintiff s institution.
7. On or about September 26,1997, Defendant entered into an additional Promissory
Note - Federal Perkins Loan Program (Note #3) with Plaintiff. A copy of Note #3 is attached hereto
as Exhibit "C."
8. Note #3 provided for the financing of$l ,000.00 plus interest and costs by Defendant
on his own behalf, for educational services and benefits at Plaintiff s institution.
9. On or about September 9, 1998, Defendant entered into an additional Promissory
Note - Federal Perkins Loan Program (Note #4) with Plaintiff. A copy of Note #4 is attached hereto
as Exhibit "D."
10. Note #4 provided for the financing of$l ,000.00 plus interest and costs by Defendant
on his own behalf, for educational services and benefits at Plaintiff s institution.
11. On or about December 1, 1998, Defendant entered into an additional Promissory Note
- Federal Perkins Loan Program (Note #5) with Plaintiff. A copy of Note #5 is attached hereto as
Exhibit "E."
12. Note #5 provided for the financing of$l ,000.00 plus interest and costs by Defendant
on his own behalf, for educational services and benefits at Plaintiff s institution.
13. Note #1, Note #2, Note #3, Note #4 and Note #5 are funds created under Part E of
Title JV of the Higher Education Act of1965 as amended, (hereinafter the "Act") and are subject to
the Act and the Federal Regulations issued under the Act.
14. 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.
15. The total principal for Note #1, Note #2, Note #3, Note #4 and Note #5 is $7,000.00.
16. Note #1, Note #2, Note #3, Note #4 and Note #5 grant Plaintiff reasonable collection
and attorney's fees which Plaintiff has calculated to be $1,050.00.
17. As of April 3, 2003, the principal and interest due and payable by Defendant to
Plaintiff was $8,096.25, plus interest accruing thereafter at $.96 per day from April, 3, 2003.
18. The outstanding balance of $8,096.25 represents the total and actual overdue value
ofthe financing provided to Defendant under Note #1, Note #2, Note #3, Note #4 and Note #5 for
which Defendant has yet to pay.
19. Plaintiffhas fulfilled, performed and complied with all obligations and conditions of
Note #1, Note #2, Note #3, Note #4 and Note #5.
COUNT I
BREACH OF CONTRACT
20. Plaintiff hereby incorporates by reference the averments contained in Paragraphs 1
through 19 of this Complaint.
21. Defendant breached the expressed and implied obligations, conditions and terms of
agreement of Note #1, Note #2, Note #3, Note #4 and Note #5 by failing to pay the amounts
financed therein.
WHEREFORE, Plaintiff demands judgment against Defendant in the amount of$8,096.25,
plus interest accruing at $.96 per day from Apri13, 2003, collection and attorneys' fees in the amount
of $1 ,050.00 and costs of suit.
COUNT II
IN QUANTUM MERUIT
22. Plaintiff hereby incorporates by reference the averments contained in Paragraphs 1
through 21 of this Complaint.
23. Having requested Plaintiff to loan money, and doing so to the benefit of Defendant,
Defendant became liable to Plaintiff for said money.
24. Defendant has been unjustly enriched by accepting said money without paying
Plaintiff reasonable compensation therefor.
25. Defendant is liable to Plaintiff and/or has been unjustly enriched in the amount of
$8,096.25, plus interest accruing at $.96 per day from April 3, 2003.
WHEREFORE, Plaintiff demands judgment against Defendant in the amount of$8,096.25,
plus interest accruing at $.96 per day from April 3, 2003, collection and attorneys' fees in the amount
of$1,050.00 and costs of suit.
Date: 7/1/03
David R. Galloway
J.D. Number 87326
Ten East High Street
Carlisle, PA 17013-3093
(717) 243-3341
Attorneys for Plaintiff
Exhibit A
PERKINS (NDSLI TRUTH-IN-LENDING STATEMENT
DICKINSON 'COLLEGE
\
Account Number 00271-000-1054
Name of Borrower Joseph Lawrence Donahue
Address 4Rl Srnffnro Ro.
Mansfield Center, CT 06250
ANNUAL PERCENTAGE
RAn:
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
%
$ 2,000.00
I Itemization of the Amount Financed: $ 2,000.00
Amount given directly to you. I
Late Charge: If a payment is late, you may be charged: $1.00 for the first
late payment, and $2.00 for each subsequent late payment if
this loan is payable monthly, $3.00 for each late payment if
this loan is payable bimonthly, $6.00 for each late payment
if this loan is payable quarterly.
Prepayment: If you payoff early, you will ~ have to pay a penalty.
See your promissory note for any additional information about nonpayment, de-
fault, any required repayment in full before the scheduled date, and pre-
payment,
TIlE BORROWER ACKNOWLEDGES RECEIPT OF AN EXACT COPY OF THIS STATEMENT,
STUDENT 1" I j) /: ./
BORROlolER ,fl-J;-fJOfi(7 (l"na~
DATE fJl?Jl q ')
INSTITurIONAL
REPRESENTATIVE
~
DAn: 8- -z b -,;)'
EXHIBIT "A"
00273-000-00-3054
-09
/
Promissory Note-Federal Perkins Loan Pro~ram
[Any bracketed clause or paragraph may be included at option of institution.). .
I, Joseph Lawrence Donahue ,promise to pay to D1 ck 1 nson Co lleQe (hereinafter called lbe
Institution), located at Car' is' e. PA 17013-2896 , lbe sum of lbe amounts that are advanced to me and endorsed in lbe
Schedule of Advances set forth below. I promise to pay all reasonable collection costs, including attorney fees and other cbarges, Decessary for
the collection of any amount not paid when due.
I further understand and agree that:
I. Oeoeral
(1) ADPlicable Law. All sums advanced under this note are drawn from a fund created under Part E of TiUe IV of the Higher EducatioD Act
of 1965, as amended (hereinafter called lbe Act), and are subject to lbe Act and lbe Federal regulations issued under lbe Act. The term. of this
note shall be interpreted in accordance with the Act and Federal regulatioDS, copies of which are to be kept by the Institution.
(2) Procedures for Receivin2. Deferment. Cancellation. Of Forbearance. 1 understand that. to receive a deferment, caucellation, 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. cancellation. or forbearance. I further undentand that. if I
am eligible for deferment, cancellation, or forbearance under Articles VI through XIV, I am responsible for submitting the appropriate requests
on time. I further understand that I may Jose my deferment. cancellation. and forbearance benefits if I fail to file my request on time.
n. Interest
Interest shall accrue from the beginning of lbe repayment period and shall be at lbe ANNUAL PERCENTAGE RATE OF nvE PERCENT
(5CJo>) on the unpaid balance, except that no interest shall accrue during any deferment period described in Article vn.
m. Reoavment
(1) I promise to repay the principal and the interest that accrues on it to the Institution over a period beginning nine (9) months after the dale
I cease to be at least a balf-time regular student at an institution of bigher 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, unleu
lbat period i. [.hortened under paragraph m(S), or] extended under paragrapb. m(4), m(7) (extensions), Vll(l), or Vll(3) (deferments).
(2) Upon my written request, the repayment period may start on a date earlier than the ODe indicated in paragraph m(l).
(3)(A) I promise to repay the principal and interest over the course of the repayment period in equal monthly. bimonthly. or quarterly
iustallments, as determined by the Institution. I understand that, if my installment payment for all the loans made to me by the InstitutioD is not
a multiple of $S, the Institution may round that payment to the next highest dollar amount that is a multiple of $S.
(9) Notwithstanding paragraph m(3)(A), upon my written request, repayment may be made in graduated installments in accordance with a
schedule approved by the Secretary.
(4) Notwithstanding paragraph mo), if I qualify as 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.
[(S)(A) If lbe monlbly rate lbat would be e.tablished under paragraph m(l), or lbe total monlb1y repayment rate of principal and inter... on
all my Federal Perkins Loans, including lbi. loan, i. Ie.. lban $40.00 per monlb, 1 shall repay lbe principal and interest on
this loan at lbe rate of $40.00 per monlb (which include. bolb principal and intere..).
(5)(8) If I have received Federal Perkins Loans from other institutions and the total monthly repayment ra!e on those loans i. less than
$40.00 lbe $40.00 montbly payment established under subparagrapb m(S)(A) include. lbe amounts 1 owe
on all my outstanding Federal Perkins Loans, including lbose received from olber institutions. The portion of lbe $40.00
monlbly payment lbat will be applied to this loan will be lbe difference between $40 . 00 and lbe total of lbe amounts owed at a
monlbly rate on my olber Federal Perkins Loans.
(6) The .Institution may permit me to pay Ie.. lban lbe rate of $40.00 per monlb for a period of not more lban ono (1) year
where necessary to avoid hardship to me unless that action would extend the repayment period in paragraph m(l).]
(7) The Institution may, upon my written request, reduce any scheduled repayments or extend the repayment period indicated in paragraph
m(l), if. in its opinion, circumstances sucb as prolonged illness or unemployment prevent me from making the scbeduled repayments.
However. interest shall continue to accrue.
IV. PreDavment
(1) I may, at my option and without penalty, prepay all or any part of the principal, plus any accrued interest thereon. at any time.
(2) Amounts I repay in the academic year in which the loan was made and the initial grace 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 whicb the Joan was made and the initial grace period ended, only thOle amounts in exceu
of the amount due for any repayment period shall be considered a prepayment.
(4) If, iD an academic year other than the award year in wbich the loan was made, I repay more than the amount due for an installment, the
excess will be used to repay principal unless I designate it as 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 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 Institution; and
(B) I do not submit to the Institution. 00 or before the date on wbich payment is due. documentation that I qualify for a deferment,
cancellation, or forbearance as described in Articles VI. vn, vm, IX, X. XI. XII. XIII, 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/1uly 1993
information.
(3) I understand that. if I default on my loan. the Institution may disclose that I bave defaulted, along with other relevant information, to
credit bureau organizatioDl. ,
(4) Further, I underltaD.d that. if I default on my loan uad the loa.o is assigned to the Secretary for collection, the Secretary may disclose that
I have defaulted, along with other relevant information. to credit bureau organizations.
(5) I understand that. if I default on my loan. I will lose my right to forbearance.
(6) I understand that. if I default on my loan. I will lose my right to defer repayments.
(T) I understand that. if the Institution accelerates 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 Articles VIII. IX. X, XI, xn. xm. or XIV performed after the date the Institution accelerated the loan.
(8) I under5WId that failure to pay this obligation under the terms agreed upon win prevent my obtaining additional student financial aid
authorized under Title IV of the Higher Education Act of 1965. as amended. until I have made arrangements that are satisfactory to the
Institution or the Secretary regarding the repayment of the loan.
VI. Forbearance
(1) I understand that, upon making a properly documented written request to the Institution, I am entitled to be granted forbearance of
principal and interest or principal ooly, 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 income; or
(8) The Institution determines that I qualify for other reasons.
VII. Deferment
(1) I understand that. upon ma1c.ing a properly documented written request to the Institution. I 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 u a regular student in at least a ba1f~time COUTse of study at an eligible institutioD;
(ii) Enrolled and in attendance as a regular student in a course of study that is part of a graduate fellowship program approved by the
Secretary;
(Hi) Engaged in graduate or p05l-graduate fellowship-supported study (sucb as a Fulbright grant) outside the United. States; or
(iv) Enrolled and in attendance in a course of study that is part of a rehabilitation training program for disabled. individuals approved. by the
Secretary.
(B) For any period that I am engaged in service described in Articles vm. IX, X, XI. xn. xm. or XIV of this agreement.
(C) For a period not to exceed three (3) years during which-
(i) I am seeking and unable to find full.time employment; or
(ii) For any reason that my Institution determines bas caused or will cause me to have an economic hardship.
(2) I understand that I am not eligible for a deferment under paragraph (V1I)(I)(A) while I am:serving in a medical internship or residency
program.
(3) 1 undentand that I may continue to defer making scheduled installment payments and win not be liable for any interest that JDight
otherwise accrue for a six (6) month period immediately following the expiration of any deferment provided in paragraph VU(l).
vm. TeachiDl~: Cancellation
(1) ] undentand that, upon making a properly documented written request to the Institution, I am entitled to have up to 100 peRent of the
amount of thi. loan plus the interest thereon canceled if I perform qualifying service after the period for which I received the loan-
(A) As a fulJ.time teacher in a public or other nonprofit elementary or secondary school in the school district of a local educational agency
that is eligible in such year of service for funds under Chapter 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 as a scbool with a high concentration of students from low.lncome families. An offic:ial Direetory of designated
low-income schools is pUblished annually by the St(:retary;
(B) As a full.time special education teacher (including teacbers of infants. toddlers, chHdren, or youth with disabilities) in a public or other
nonprofit elementary or secondary school system, 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 676(b)(9) of the Individuals With Disabilities
Education Act; or
(C) As a full-time teacher of mathematics. science, foreign languages, bilingual education, or any other field of expertise that is determined
by the State Department of Education to have a shortage of qualified teachers.
(2) A portion of this loan will be canceled for each completed year of leacbing 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
leCond complete academic years of that teaching service;
(8) 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 academic years of that teaching service; and
(C) 30 perc:ent 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 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 as a full-time
staff member in a Head Start program if-
(A) That Head Start program is operated for a period that is comparable to a fun school year in the locality; and
Page 2 of 4
Federal Perkins/July 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 balam::e accNmg
during that year for each complete school year or equivalent period of service in a Head Start program.
(3) Head Start is a preschool program carried out under the Head Start Act.
X. M.ilitarv Cancellation
(1) I understand that, upon making a properly documented written request to the Institution, I am entitled to bave 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 area of
hostilities that qualifies for special pay under section 310 of Title 37 of the United Stales 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 duriDg that year for eacb complete yesu of such qualifying service after the period for which I received the loan.
XI. Volunteer Service Cancellation
(1) I understaDd that, upon makiDg a properly documented written request to the Institution, I am entitled to have up to 70 percent of the
amount of this loan plus the interest thereon canceled if I perfoCIll qualifying service after the period for which I received the loan-
(A) N a volunteer under the Peace Corps Act; or
(B) AA a volunteer under the Dolllestic Volunteer Service Act of 1973 (ACTION programs).
(2) This loan will be canceled at the following rates:
(A) 15 percent of the total principal amount of the loan plus interest on the unpaid balance accNing during that year for each of the first atui
second twelve (12) month periods of volunteer service completed; and
(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. 8Dd
fourth twelve (12) month periods of volunteer service completed.
XU. Law Enforcement or Correctiol1$ Officer Cancellation
(1) I understand that. upon making a properly documented written 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 after the period for which I received the loan-
(A) As a full.time law enforcement officer for service to an eligible local, State, or Federal law enforcement ageocy; or
(B) As a full.time corrections officer for service to an eligible local. State, or Federal corrections agency.
(2) A portiOD of this loan will be canceled for each completed year of law enforcement or correctioDl service at the following rates:
(A) IS percent of the total principal amount of the loan plus interest on the unpaid balance accroing during that year for each of the first ud
leCood complete years of that service;
(B) 20 percent of the total principal amount of the loan plus interest 00 the unpaid balance acCNing 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 accroing during that year for the fifth complete
year of that .rvice.
XIII. Nurse or Medical Technician Cancellation
(1) I understand that. upon making a properly documented written 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 perfoCIll qualifying service after the period for which 1 received the loan as a full-time
nune or medical technician providing health care services.
(2) A portion of this loan will be canceled for each completed year of service at the following rates:
(A) IS percent of the total principal amouDt 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 principal amount of the loan plus interest on the unpaid balance accruing during that year for eacb of the third and
fourth complete years of that service; and
(C) 30 percent of the total principal amouot of the loan plus interest on the unpaid balance accruing during that year for the fifth complete
year of that service.
XIV. Child or Familv Service A2ency Cancellation
(1) I understand that, upon making a propcrly documented written requClt lD thelDstitution, I am entitled lD have up lD 100 pcrcent of the
amount of this loan plus interest thereon canceled if I perform qualifyin& "rvice after the period for which 1 received the loan as a full-time
employee of an eligible public or private nonprofit child or family service agency who is providing. or supervising the provision of, service. to
high-risk children who are from low..income communities and the families of sucb children.
(2) A portioo of this loan will be canceled for each completed year of service at the followiog rates:
(A) 15 percent of the total principal amount of the Joan plus interest on the unpaid balance accruing during that year for each of the first and
second complete years of that service;
(8) 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 00 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 total amount owed on this loan will be canceled.
(2) If I become permanently and totally disabled after I receive this loan, the Institution will cancel the total amount of this loan.
XVI. Chan2e in Name. Address. Teleuhone Number. or Social Security Number
I am responsible for informing the Institution of any change or changes in name, address. telepbone Dumber, or Social Security number.
Page 3 of 4
Federal Perkins/Iuly 1993
xvn. Late Chane
(1) The Institution will impose a'late charge if-
(A) I do oat make a scheduled payment when it i. due; and
(B) I do not IUbmit to the Institution, on or before the'date on which payment i. due, documentation that J qualify for a deferment,
cancellation, or forbearance 81 described in Articles VI. VU, vm, IX, X, XI, xn, xm, or XIV of this agreement.
(2) No charge may exceed 20 percent of my monthly, bimonthly, or quarterly payment.
(J)(A) The Institution may-
(i) Add the late charge to the principal the day after th. scheduled repayment was due; or
(ii) Include it with the next scbeduled repayment after I have received notice of the late charge.
(B) If the Institution elects to add the late charge to the outstanding principal of the loan, it must so inform me before the due date of the
next installment.
XVID. Assilmment
(I) This note may he assigned hy the Iostitution only lo-
(A) The United States;
(B) Another institution upon my transfer to that institution if that institution is participating in this program; or
(C) Another institution approved by the Secretary.
(2) The provisions of this note that relate to the Institution shall, where appropriate, relate to an assignee.
(3) Auy holder of this loan is suBject to all claims and defenses that I could assert against the Institution that made this loan; my recovery i.
limited to the amount I repaid on this loan.
XIX. Prior Loans
I hereby certify that I bave listed below all of the Federal Perkins Loans I have obtained at other institutions. (If no prior loans have been
received, state -None.-)
FEDERAL PERKINS LOANS AT OTHER INSTITUTIONS
Amount
Date
Institution
1
2
3
4
/I./on€-
xx. Schedule of Advances
The following amounts were advanced to me under this loan agreement OD the dates indicated:
Amount Date Signature of Borrower
~;>(. d~-
~ J.~ l;c:Z~,/
1
2
3
4
Sl,OQQ,OQ
$1 nnn nn
9-1-95
1-?::!-96
NonCE TO BORROWER: DO NOT SIGN 1HIS NOTE BEFORE YOU READ IT,
I UNDERSfAND AND AGREE TO ALL OF THE FOREGOING TERMS AND CONDmONS.
::: is 'ig1~7;:;:JLR ~
Date g - J'6 ,I9!!5
[(seal)]
permB-q;tss Zi:,iZ:te;;t s;::;:Je)c;,~1er; cf 0 6P} ~{l
Social Security Number (borrower must provide) df3 - ~ -6l ~
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.S.C.I087dd)
Page 4 of 4
Federal PerkiDsl1uly 1993
Exhibit B
FEDERAL PERKINS LOAN
PROMISSORY NOTE
"\
~:
~\ "'
\! .....-/
./
Donahue, Joseph L.
2. Social Security Number
Ut-S '-9{)-h I 5 g
3. Date ofi7, Lf /77
4. Area CodefTelephone Number
(!j6{J) LJ)~ -7033>
5. Driver's License Number (list state abbreviation first)
0504
1. Name (last. first, middle initiaQ and
Permanent Address (street, city, state. zip code)
6. School Name & Address (street, city, state, zip code)
7. Borrower Status
8. Interest Rate
Dickinsa1 College
P.O. BaI< 1773
Carlisle. PA 17013-2896
(l Half-time or _ 0 Less "*' hal-time 5 %
9. Loan Amount: 10. Loan Period
$2,000,00
1996-97
TERMS AND CONDITIONS:
[Any bracketed dauS1e or paragraph may be included ill: option of institution)
APPLICABLE LAW - The terms of this nOle and any disbursements made under this note shall be interpreted In accordance with Part E oeTitIe IV of the Higher
Education Act of 1965. as amended (hereinafter caJled the Act). as well as Federal regulations issued under the Act. An sums advanced under thts note are subject to the
Act and Federal regulations issued under the Act.
REPAYMENT + I am obligated to repay the principal and the interest that accrues on It to the above. named institution (hereinafter called the school) over a perk>d
beginning 9 months (or sooner if I am a less than a hair-time borrower) after the date I cease to be at least a half-time student at an institution of higher education or a
comparable school outside the United States approved by the United States Secretary of Education (hereinafter called the Secretary) and ending 10 yean later. unless I
request in writing that my repllyment period begin sooner. I undentand that the school will report the amount of my installment payments. along with the amount of this
loan to a national credit bureau. lnte~t on thiS loan shall accrue from the beginning of the repaymeot period. My repayment periOd may be shorter than 10 years ifl am
required by my school to make minimum monthly payments. Upon my written request my repayment period may be extended during periods of deferment, hardship, or
forbearance and I may make graduated installments in accordance with a schedule approved by the Secretary. I will make my installl'Tlent payments in equal monthly,
bimonthly or quarterly installments as determined by the school. The school may round my Installment payment to the next highest multiple of $5. [I will make a
minimum monthly repayment of S4D (or $30 if I haVe outstanding Federal Perkins loans made before October 1, 1992 that included the $30 minimum payment opUon)
In accordance with the Minimum Monthly Payment Section of the Terms and Conditions contained on the reverse side of this document.}
LATE CHARGES - The school will impose late charges if I do not make a scheduled payment when dm or If I fan to submit to the school on or before the dm date of
the payment, a properly documented written request that I qualify for any of the forbearance. deferment or cancellation benefits as described below. No late charges may
exceed 20% of my monthly. bimonthly or quarterly payment. The school may add tht late charges to principal the day after the scheduled repayment was due (lr include
It with the next scheduled repayment after I have received notice of the charge, and such notice is sent before the next Installment is due.
REQUESTS FOR DEFERMENT, CANCELLATION OR FORBEARANCE - To receive deferment, cancellation, or forbearance benefits, I must make a written request
to the school and must submit to the school any doc\tmentatlon the school requires to prove my eligibility for these benefits. I am responsible for submitting the
appropriate requests on time, and I may lose my benefits if I fall to rue my request on time.
DEFAULT ~ If I fail to make a scheduled payment when due: if I fail to submit to the school, on or before the dm date of a scheduled payment. documentation that I
qualify for a deferment, canceUation, or forbearance; or if I fan to comply with the terms and conditions of this promissory note or written repayment agreement. the
school may, at its option, declare my loan to be in default and may accelerate my loan (demand immediate payment of the entire unpaid balance of the loan. including
principal, interest, late charges, and collection costs). The school, and the Secretary, if my loan is assigned to the Secft!tary for col1ection. shall disclose to credit bureau
organizations that I have defaulted and all other relevant loan information. I will lose my right to def~r payments and my right to forbearance if I default on my loan. I
will lose my right to receive cancellation benefits for service that is performed after the date the school accelerated the loan. I wUl be ineligible for any further federal
student financial assistance authorized under the Act until I make arrangements that are satisfactory to the school or the Secre~ry to repay my loan.
CHANGE OF STATUS - I wUl inform the school of any change in my name, address, telephone number, Social Security number. or driver's license number.
ASSIGNMENT. This note may be assigned by the school only to the United States. The provisiOns of this note that relate to the school shall where appropriate relate to
the assignee.
PROMISE TO PAY: I promise to pay the school, or a subsequent holder of the Promtssory Note, the sum of amount(s) advanced to me under the terms of this Note, plus
interest and other fees which may become due as provided in this Note. I promise to pay all reasonable collection casu, including attorney fees and other charges,
nece5$ary for the collection of any amount not paid when due. I wUl not sign this Note before reading it, including the provisions on the reverse side. This loan has been
made to me without security or endorsement. My signature certifies I have read, understand, and agree to the terms and conditions of this Promissory Note, THIS IS A
_~,":TM=;'~12
d~~U . ,,",m "," D.!/;~/rti
Terms and Conditions (cant.) :
, ,
HARDSHIP REPAYMENT OPTIONS. Upon my wn!ten request. if I
qualify as a low-income individual during the repayment period. the school
may extend the repayment period for up to an additional ten (10) years and
may adjust any repayment schedule to reflect my income. Upon my written
request. the school may extend the repayment period if. in its opinion.
prolonged illness or unemployment prevent me from making the scheduled
repayments during which time interest will continue to accrue. The school
may permit me to pay less than the minimum monthly repayment rate for a
period of not more than one year at a time if I experience a period of
prolonged illness or unemployment except such action may not extend the
repayment period b<yond 10 years.
GRACE PERIODS. My initial grace period before begtnning repayment is 9
months. If I am a ~-'Than~Ha1r.Time Borrower with outstanding Federal
Perkins Loans. my repayment begins when the next scheduled installment of
my outstanding loan is due. If I am a Leo;s- Than. Half-Tune Borrower with no
outstanding Federal Perkins Loans. my repayment begin'> the earlier of: 9
months from the date my loan was made, or 9 months from the date I became
less than a half.time student. even if I received the loan after I became a less
than half-time student. My payments will resume after. post-deferment gTllCe
period of 6 months that follows deferments that apply to Federal Perklm
loans.
PREPAYMENf - I may prepay aU or any part of my unpaid loan balance.
plus any accrued interest. at any time without penalty. Amounts I repay in the
academic year in which the loan W<lS made and before the initial grace period
has ended will be used to reduce the amount of the loan and will not be
considered a prepayment. If I repay amounts during the academic year in
which the loan was made and the initial grace period ended. only those
amounts in excess of the amount due for any repayment period shall be
considered a prepayment. If. in an academic year other than the award year in
which the loan was made. I repay more than the amount due for an install-
ment, the excess will be used to repay principal unless I designate it as an
advance payment of the next regular installment.
MINIMUM MONTHLY PAYMENT. I wtll make a minimum monthly
repayment of $40 (or $30 if r have outstanding Federal Perkins loans made
before October 1. 1992 that included the $30 minimum payment option) if
required by the school. lr the total monthly repayment rate on this loan and
any outstanding Federal Perkins loans I may have is less than the minimwn
monthly repayment rate eitabUshed. by the school. the school may still require
a minimum monthly repayment tate. A minimum monthly repayment
amount will combine my obligation on t:hts and all my outstanding Federal
Perkins loans. 1ncluding those made at other schools. The portion of the
minimum monthly payment that will be applied to this loan will be the
difference between the minimum monthly payment and. the total amounts
0W'ed at a monthly rate on my other Federal Perkins loans. H each school
holding my outstanding Federal Perkins loans exercises the minimum monthly
payment option. the minimum monthly repayment will be divided among the
schools in proportion to the amount of principal advanced by each school.
FORBFARANCE - Upon making a properly docwnented written reqUeit to
the school. I am entitled to forbearance of principal and interest or principal
only, renewable at intervals up to 12 months for periods that coUectively do
not exceed three years. under the foDowing conditions: H my monthly ntle IV
loan debt burden equals or exceeds 20% of my total monthly gross income: if
the Secretary authorizeS a period of forbearance due to a national military
mobilization or other national emergency; or if the school determines that I
qualify due to poor health or for other reasons. includtng service in
AmertCorps. Interest accrues during any period of forbearance.
DEFERMENTS ~ Upon making a properly documented written reqUESt to
the school. I may defer making scheduled installment payments and will not
be liable for any interest that might otherwise accrue 1) during any period that
I am: enroUed and attending as a regular student in at least a half-time course
of study at an eligible school: enrolled and attending as a regular student a
graduate fellowship program approved by the Secretary: engaged in graduate
or post~graduate fellOWShip-supported study outside the US: enrolled and
attending a rehabilitation training program for disabled individuals approved
by the Secretary; engaged in pubUc service that qualifies me to have part or all
of my loan canceled; 2) for a period not to exceed three years during which I
am seeking but unable to fmd full-time employment. 3) for a period not to
exceed three year.; during which I am experienCing an economic hardship as
determined by the $Choo!. I am not eligible for a deferment while selVing in a
medical internship or residency program. I may continue to defer making
scheduled installment payments and Will not be Uable for any interest that
might otherwise accrue for a six-month period immediately following the
expiration of any deferment period described in this paragraph.
CANCELLATIONS - Upon making a properly documented written request
to the school. I am entitled to have up to 100% of the original principal loan
amount of this loan canceled if I perfonn qualifying service in the areas listed
in paragraphs A. B. C. 0 and E below. Qualifying Service must be performed
after 1 receive the loan.
A. Teaching. a full-time teacher in a public or other nonprofit elementary or
secondary school. that has been designated by the Secretary in accordance with
the provisions of section 465(a) (2) of the Act as a school with a high
concentration of students from low-income families:. An official Directory of
designated low-income schools is published annually by the Secretary. . a full~
time special education teacher in a public or nonprofit elementary or
secondary $Chaol system. . a full-time teacher. in a public or other nonprofit
elementary or secondary school system. who teaches mathematics. science.
foreign languagei. bilingual education. or any other field of expertise that is
determined by the State Department of Education to have a shortage of
qualified teachers in that State.
B. Early IntervenUon Services. a full-time qualified professional provider of
early intervention services: in a public or other nonprofit program under public
supervision by a lead agency as authorized by section 672(2) of the Individuals
with DisabiUties Education At:.t. Early Intervention Servicei are provided to
Infants and toddlen wtth disabilities.
C. Law Enforcement or CorftCtions Officer. a full-time law enforcement
officer for an eligible local, State. or Federal law enforcement agency: or . a
full-time corrections officer for an eligible local. State. or Federal corrections
agency.
D. Nurse or Medical Technician. a full-time nurse providing health care
servl.Cei: or. a full-time medical technician providing health care services.
E. Child or Family Service Agency. a full-time employee of an eligible public
or private non~profit child or family .service agency who is providing or
supervising the provision of .services to high-risk children who are from low.
income communities and the families of such children.
Cancellation Rates - For each completed year of service under paragraphs A.
B. C. D and E a portion of this loan will be canceled at the following rates:
. 15% of the original principal loan amount for each of the rU'St and second
years: . 20% of the original ptincipalloan amount for each of the third year
and founh years: and . 30% of the original principal loan amount for the fifth
year.
F. Head Start Canc::elladon ~ Upon making a properly docwnented Written
request to the school. I am entitled to have up to 100% of the original
principal loan amount canceled for quaUfying service perfonned after I receive
the loan as:. a full~time staff member in the educational component of a
Head Start program which is operated for a period comparable to a full school
year and which pays a salary comparable to an employee of the local educa~
tlonal agency.
Cancellation Rat!! - For each completed year of service under the Head Start
Cancellation provision. this loan will be canceled at the rate of 15% of the
original prlncipalloan amount.
G. Milltary Cancellation - Upon making a properly documented written
request to the school. I am entitled to have up to 50% of the principal amount
of this loan canceled for qualifying servtce performed after I receive the loan
as: . a member of the Anned Forces of the United States in an area of
hosUlities that qualifies for special pay under section 310 of Title 37 of the
United States Code.
Cancellation Rate - For each completed year of service under the MiUtary
Cancellation provision. this loan w1l1 be canceled at the rate of 12 1/2% of the
original principal loan amount.
H. VolWlteer Semce Cancelladon - Upon making a properly documented
written request to the school. I am entitled to have up to 70% of the original
principal loan amount of this loan canceled for qualifying service performed
after I received the loan as: . a volunteer under the Peace Corps Act; . a
volunteer under the Domestic Volunteer Service Act of 1973 (ACTION
programs) .
Cancellation Rate - For each completed year of service under the Volunteer
Service Cancellation provision. a portion of this loan will be canceled at the
following ratei:
. 15% of the original principal loan amount for each of the first and second
12-month periods of service: and . 20% of the Original principal loan amount
for each of the third and fourth 12-month periods of service.
I. Death and Disability Cancellation - In the event of my death. the school
will cancel the total amount owed on this loan. If I become permanently and
totally disabled after I receive this loan. the $Chool will cancel the totaJ amount
owed on this loan.
PERKINS (NDSL) TRUTH-IN-LENDING STATEMENT
, .
DICKI~SON COLLEGE
Account Number nn?71-nnn-nn-1nS4-nQ
Name of Borrower Joseph L, Donahue
Address 481 Stafford Rd,
Mansfield Center, CT 06250
&~AL PERCENTAGE
RATE
AMOUNT FINANCED
The cost of your
credit as a yearly
rate.
The amount of
credit provided
to you.
Prior to
repaytllent
During
repaytllent
o
7.
5
7.
$1.000.00
I Itemization of the Amount Financed: $ 1,000,00
Amount given directly to YOU,I
Late Charge: If a paytllent is late, you may be charged: $1,00 for the first
late paytllent, and $2.00 for each subsequent late paytllent if
this loan is payable monthly, $3,00 for each late paytllent 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-
paytllent,
TIlE BORROWER A NOZllZG S I CElPT OF AN EXACt COPY
STUDENT ~ ~ ~ INSTITUTIONAL
BORROWER I '" -<k~ REPRESENTATIVE
DATE 9p..t;47 OAT!
OF THIS STATEMENT.
EXHIBIT "e"
FEDERAL PERKINS LOAN
PROMISSORY NOTE
00273-000-00-3054-09
"'---0/
,--
I
1. Name (last, first. middle initial) and
Permanent Address (street. city. state. zip code)
Donahue, Joseph, L.
481 Stafford Rd.
Mansfield Center, CT 06250
2. Social Security Number
(JIfs-BO-(;,1.<,6
3. Date of Birth
1- /'1- 77
4. Area Code/Telephone Number
(60)J..j~3-7D~3
5. Driver's License Number (List state abbreviation first)
6. School Name & Address (street, city, state, zip code)
7. Borrower Status
8. Interest Rate
DicJOnson College
P.O. Box 1773
Carlisle, PA 17013-2896
U Half-time or greater 0 Less than half-time
5%
9. Loan Amount:
10. Loan Period
~1,OOO.00
1997-1998
TERMS AND CONDITIONS:
lAny bracketed clause or paragraph may be in::luded at option of institution. I
APPLICABLE LAW - The terms of this note and any disbursements made under this note shall be interpreted in accordance with Part E arTitle IV of the Higher
Education Act of 1965. as amended (hereinafter called the Act), as well as Federal regulations issued under the Act. All sums advanced under this note are subject to the
Act and Federal regulations issued under the Act
REPAYMENT - r am obligated to repay the principal and the interest that accrues on it to the above-named institution (hereinafter called the school) over a period
beginning 9 months (or sooner if I am a less than a half-time borrower) after the date I cease to be at least a half-time student at an Institution of higher education or a
comparable school outside the United States approved by the United States Secretary of Education (hereinafter called the Secretary) and ending 10 years later. unless I
request in writinR that my repayment period begin sooner. I understand that the school will report the amount of my installment payments, along with the amount of this
loan to a national credit bureau. Interest on this loan shall accrue from the beginning of the repayment period. My repayment period may be shaner than 10 years if I am
required by my school to make minimum monthly payments. Upon my written request my repayment period may be extended during periods of deferment. hardship, or
forbearance and I may make graduated installments in accordance with a schedule approved by the Secretary. I will make my installment payments in equal monthly,
bimonthly or quarterly installments as determined by the school. The school may round my installment payment to the next highest multiple of $5. (I will make a
minimum monthly repayment of $40 (or $30 if I have outstanding Federal Perkins loans made before October 1. 1992 that included the $30 minimum payment option)
in accordance with the Minimum Monthly Payment Section of the Terms and Conditions contained on the reverse side of this document.]
LATE CHARGES - The school will impose late charges if I do not make a scheduled payment when due or if I fail to submit to the school on or before the due date of
the payment. a properly documented written request that I qualify for any of the forbearance. deferment or cancellation benefits as described below. No late charges may
exceed 20% of my monthly, bimonthly or quarterly payment. The school may add the late charges to principal the day after the scheduled repayment was due or include
it with the next scheduled repayment after I have received notice of the charge. and such notice is sent before the next installment is due.
REQUESTS FOR DEFERMENT. CANCELLATION OR FORBEARANCE - To receive deferment, cancellation, or forbearance benefits, I must make a written request
to the schaal and must submit to the school any documentation the school requires to prove my eligibility for these benefits. I am responsible for submitting the
appropriate requests on time, and I may lase my benefits if I fail to file my request an time.
DEFAULT - If I fail to make a scheduled payment when due: if I fail to submit to the school. on or before the due date of a scheduled payment. documentation that I
qualify for a deferment. cancellation, or forbearance: or if I fail to comply with the terms and conditions of this promissory note or written repayment agreement, the
school may. at its option, declare my loan to be in default and may accelerate my loan (demand immediate payment of the entire unpaid balance of the loan, including
principal, interest. late charges. and collection costs). The school. and the Secretary, if my loan is assigned to the Secretary for collection. shall disclose to credit bureau
organizations that I have defaulted and all other relevant loan information. I will lose my right to defer payments and my right to forbearance if I default on my loan. I
will lose my right to receive cancellation benefits for service that is performed after the date the school accelerated the loan_ I will be ineligible for any further federal
student financial assistance authorized under the Act until I make arrangements that are satisfactory to the school or the Secretary to repay my loan.
CHANCE OF STATUS - I will inform the school of any change in my name, address, telephone number. Social Security number, or driver's license number,
ASSIGNMENT - This note may be assigned by the school only to the United States, The provisions of this note that relate to the school shall where appropriate relate to
the assignee
PROMISE TO PAY: (promise to pay the school, or a subsequent holder of the Promissory Note, the sum of amounds) advanced to me under the terms of this Note, plus
interest and other fees which may become due as provided in this Note. I promise to pay all reasonable collection costs, including attorney fees and ather charges.
necessary for the collection of any amount not paid when due. I will not sign this Note before reading it. including the provisions on the reverse side. This loan has been
made to me without security or endorsement. My signature certifies I have read. understand, and agree to the terms and conditions of this Promissory Note. THIS IS A
WANtS) THAT MUST B EPAID
Borrower'
l~~tJJ~
9/;;6/97
Date:
v'
Terms and Conditions (cont.)
HARDSHIP REPATh1ENT OPTIONS. Upon my wrinen r('qllt~st. if I
qualify as a low-income individual during the repayment pt'riod, the school
may extend me repayment period for up to an additional ten (10) years and
may adjust any repayment schedule to reflect my income. Upon my written
requesc the school may extend the repayment period if. in its opinion,
prolongt"rl illnes.s or unemp]()yment prevent me from making the scheduled
repayments during which time interest will continue to accrue. The school
may permit me to pay less than the minimum monthly repayment rate for a
period of not more than one year at a time if I experience a period of
prolonged illness or unemployment except such action may not extend the
repayment period beyond 10 years.
GRACE PERIODS - My initial grace period before beginning repayment is 9
months. If I am a Less-Than-Half-Time Borrower with outstanding Federal
Perkins Loans, my repayment begins when the next scheduled installment of
my outstanding loan is due. If I am a Less-Than-Half-Time Borrower with no
outstanding Federal Perkins Loans, my repayment begins the earlier of: 9
months from the date mv loan was made. or 9 months from the date I became
less than a half-time student. even if I received the loan after I became a less
than half-time student. My payments will reswne after a post-deFerment grace
period of 6 months that foDows deferments that apply to Federal Perkins
loans.
PREPAYMENT - I may prepay all or any part of my unpaid loan balance.
plus any accrued interest. at any time Without penalty. Amounts I repay in the
academic year in which the loan was made and before the initial grace period
has ended will be used to reduce the amount of the loan and will nor be
considered a prepayment. If I repay amounts during the academic year in
which the loan was made and the inilial grace period ended. only those
amounts in excess of the amount due for anv repayment period shall be
considered a prepayment, If. in an academic year other than the award year in
which the loan was made. I repav more than the amount due for an install-
ment. the excess will bt. used to repay principal unless I designate it as an
advance payment of the nex[ regular installment.
MINIMUM MONTHLY PAYMENT - I will make a minimum monrhly
repayment of 540 (or $30 if I have outstanding Federal Perkins loans made
before OClOber 1. 1992 that included the $30 minimum payment option) if
required by the school. If the total momhly repaymem rate on this loan and
any outstanding Federal Perkins loans I may have is less than the minimum
monthJy repayment rate established by the school. the school may still require
a minimum monthly repayment rate. A minimum monthly repayment
amount will combine my obligation on this and all my outstanding Federal
Perkins loans. including those made at other schools. The portion of the
minimum monthly payment that will be applied to this loan will be the
difference between the minimum monthly payment and the total amounts
owed at a monthlv rate on my other Federal Perkins loans. If ea<:h school
holding my outs~nding Federal Perkins loans exercises the minimum monthly
payment option. the minimum monthly repayment will be divided among the
schools in proportion to the amoum of principal advanced by each school.
FORBEARANCE - Upon making a properly documemed 'Nritten request to
the school. I am entitled to forbearance of principal and interest or principal
only, renewable at intervals up to 12 months for periods that collectively do
not exceed three years. under the follO'Ni.ng conditions: If my monthly Title IV
loan debt burden ~quals or exceeds 20% of my toral monthly gross income; If
the Secretary authorizes a period of forbearance due to a national military
mobilization or other national emergency; or if the school determines that I
qualify due to poor health or for other reasons. including service in
AmeriCorps. Interest accrues during any period of forbearance.
DEFER!v1ENTS . Upon making a properly documented written request to
the school. I may defer making scheduled installment payments and will not
be liable for any interest that might otherwiS(' accrue t) during any period that
I am: enrolled and attending as a regular student in at least a half-time course
of study at an eligible school: enrolled and auending as a regular student a
graduate fE'llowship program approved by the Secretary: engaged in graduate
or post-graduate fellowship-supported study outside the US: enrolled and
attending a rehabilitation training program for disabled individuals approved
by the Secretary: engaged in public .service that qualifies me to have part or all
of my loan canceled: 2) for a period not to exceed three years during which I
am seeking but unable to find full-time employment. 3) for a period riot to
exceed (I1rt'.. Yt'ars during which I am experiencing an economic hardship as
detennint.d b\' the schuoL I am not eligible for a defennt'nt \\'hile serving in a
ffil'dical illlf'rT1Ship or residency program r milV continue to defer making
S{:hedukd installment payments and will nm he liJhl1' for any illterest that
might utheG...-ise dccrue for a <;ixmonth period immediately following the
expiration IJf ,my rlefl'rment period deSCribed in thi,s paragraph
CANCELLATIONS - UPllJ1 making a properly documented wrirten request
to th~ schonl. I am f'lltitled to have up to 100% of the original principal loan
amount of this loan cancp]ed if I penorm qualifying :;CJ\..'ice in the areas listed
in paragraphs A. B. C. D and E below. Qualifying Service must be performed
after I receive the loan.
A. Teaching" a fulHime teacher in a public or other nonprofit elementary or
secondary school. that has been designared by the Secretary in accordance with
the proVisions of .section 465(a) (2) of the Act as a school With a high
concentration of students from low-income families. An official Directory of
designated low-income schools is published annually by the Secretary. .. a full-
time special education teacher in a public or nonprofit elementary or
secondarj school system, .. a full-time teacher. in a public or other nonprofit
elementary or secondary school system. who teaches mathematics, science,
foreign languages, bilingual education. or any other field of expertise that is
dNHmined by the State Department of Education to have a shortage of
qualified teachers in that State.
R Early Intervention Services .. a full-time qualified professional provider of
early intervention services in a public or other nonprofit program under public
supervision by a lead agency as authorized by section 672(2) of the Individuals
with Disabilities Education Act. Early Intervention Services are provided to
infants and toddlers with disabilities.
C. Law Enforcement or COITeCtions Officer" a full-time law enforcement
officer for an eligible local. State. or Federal law enforcement agency; or" a
full-time correctioll.'i officer for an eligible local, State. or Federal corrections
agency.
D. Nurse or Medical Technician" a full-time nurse providing health care
services: or . a full-time medical technician providing health care services.
E. Child or Family Service Agency" a full-time employee of an eligible public
or private non"profit child or family ser.;ce agency who is providing or
super\ising the provision of services to lugh-risk chilriren who are from low.
income communities and the families of such children.
Cancellation Rates - For each completed year of service under paragraphs A,
B, C. 0 and E a portion of this loan will be canceled at the following rates:
.. 15% of the original principal loan amount for each of the ftrSt and second
yean: .. 20% of the original principal loan amount for each of the third year
and fourth years: and . 30% of the original principal loan amount for the fifth
year.
F. Head Start Cancellation - Upon making a properly documented written
request to the school. I am entitled to have up to 100% of the original
principal loan amount canceled for qualifying service performed after I receive
the loan as: .. a ful1~time staff member in the educational component of a
Head Start program which is operated for a period comparable to a full school
year and which pays a salary comparable to an employee of the local educa-
tional agency.
Cancellation Rate - For each completed year of service under the Head Start
Cancellation provision, this loan will he ~ance]ed at the rate of 15% of the
original principal loan amount.
G. :Military Cancellation - Upon making a properly documented written
request to the school. I am entitled to have up to 50% of the principal amount
of this loan canceled for qualifying service performed after I receive the loan
as: .. a member of the Armed Forces of the United States in an area of
hostilities that qualifies for special pay under .seclion 310 of Title 37 of the
United States Code.
Cancellation Rate. For each completed year of ser.'ice under the Military
Cancellation provision, this loan will be canceled at the rate of 12 1/2% of the
original principal loan amount.
H. Volunteer Service Cancellarion - Upon making a properlv documented
writren request to the school. I am entitled to have up to 70lYo of the original
principal loan amount of this luan canceled for qualifying service performed
after I received the loan as: . a volunteer under the Pt'ace Corps An: . a
volunteer under the Domestic Volunteer Service Act of 1973 (ACTION
programs) .
Cancellation Rate - For each completed year of service under the Volunteer
Service Cancellation proviSion. a porlion of this loan will be canceled at the
fallowing rates:
.. 15% of the original principillloan amount for each of the flf'>t and second
12-momh periods ofsen-ice: and. 200,;) of thp original principal loan amount
for each of the third and fourth 12-mornh pr:riod\ of Sf'f'\.'ic('
I. Dp-ath and Disability Cancellation - In the ewnt ,If m",' dl',llh. ,he )(hool
will cancel the total amollnt owed 011 this loan. If I become perll\<ll1l'ntlv and
totally dL<;.ahl(>n after I recpiw this loan thf' school wilt cancel t1)(' total amount
owed on this loan
Exhibit D
PI'RK[~S U;DSI.) TRUTH-[N-U:ND1NC STAn:~tENT
DIC{INSON COLLEGE
Accounc Number 00273...000-00...3054-09
Name of Borrower .ln~"rh I _ nnn~hll"
Address 481 Stafford Rd.
Mansfield Center, CT 06250
&~AL PERCENTAGE
RATE
AMOUNT FINANCED
The cost of your
credic as a yearly
rate.
The amounC of
credic provided
co you.
Prior co
repaymenc
During
repayment
o
%
5
%
$ 1,000.00
I ICemization of che Amount Financed: $ 1,000.00
Amount given direccly co YOU,I
Lace Charge: If a payment is late, you may be charged: $1.00 for che first
late paymenc, and $2.00 for each subsequent late payment if
chis loan is payable monthly, $3,00 for each lace payment if
chis loan is payable bimonthly, $6.00 for each late paymene
if chis loan is payable quarterly.
Prepaymenc: If you payoff early, you will not have to pay a penalty.
See your promissory noee for any additional information about nonpayment, de-
faule, any required repayment in full before the scheduled dace, and pre-
payment.
TIlE BORROweR A~~OWLEDGES RECEIPT
STUDENT /;: //l.;/
BORROwCR /~ rf {~..J.e
DATE J 1'1/71
OF AN EXACT con OF THIS STATEXENT.
INSTIT\Jl'IONAL ~,',;l., ,_~' ""-,
REPRESENTATIVE (~!- ""~
qlqlq~
,
~---.~
DATE
EXHIBIT "n"
FEDERAL PERKINS LOAN
PROMISSORY NOTE
e-mcUW "5/5 m
"" .' _, '70
L- 'lr, ,:t_,..! - --"" .......,--" '")' ,
00273-000-00-3054-09 . / I C)/ 1;
1. Name (last. first. middle initial) and
Permanent Address (street. city, state. zip code)
2. Social Security Number
Donahue, Joseph L.
481 Stafford Rd.
Mansfield Center, CT 06250
043...80...6138
3. Date of B7!t4/r7
4. Area CodefTelephone Number
(203) 423...7033
5. Driver's License Number (Ust state abbreviation first)
6. School Name & Address (street. city, state. zip code)
7. Borrower Status
8. Interest Rate
Dickinson College
P.O. Box 1773
Carlisle, PA 17013-2896
lrlH...time",grea'", o Less than ha'.time 5%
9. Loan Amount:
10. Loan Period
$1,000.00
1998-1999
TERMS AND CONDITIONS:
IAny bracketed clause or paragraph may be included at option of irm.itution.]
APPLICABLE LAW - The terms of this note and any disbursements made under this note shall be interpreted in accordance with Part E of Title IV of the Higher
Education Act of 1965, as amended (hereinafter called the Act). as well as Federal regulations issued under the Act. All sums advanced under this note are subject to the
Act and Federal regulations issued under the Act
REPAYMENT - I am obligated to repay the princip..1 and the interest that accrues on it to the above-named institution (hereinafter called the school) over a period
beginning 9 months (or sooner if I am a less than a half-time borrower) after the date I cease to be at least a half-time student at an Institution of higher education or a
comparable school outside the United States approved by the United States Secretary of EducatiOn (hereinafter called the Secretary) and ending 10 years later, unless I
request in writing that my repayment period begin sooner. I understand that the school will report the amount of my installment payments, along with the amoum of this
loan to a national credit bureau. Imerest on this loan shall accrue from the beginning of the repayment period. My repayment period may be shofter than 10 years if I am
required by my .school to make minimum monthly payments. Upon my written request my repayment period may be extended during periods of deferment, hardship, or
forbearance and I may make graduated installments in accordance with a schedule approved by the Secretary. I will make my installment payments in equal monthly,
bimonthly or quarterly installments as determined by the school. The school may round my installment payment to the next highest multiple of $5. (I will make a
minimum monthly repayment of $40 (or $30 if I have outstanding Federal Perkins loans made before October l. 1992 that included the $30 minimum payment option)
in accordance with the Minimum Month]y Payment Section of the Terms and Conditions contained on the reverse side of this document.]
LATE CHARGES - The school will impose late charges if I do not make a scheduled payment when due or if I fail to submit to the school on or before the due date of
the payment. a properly documented written request that I qualify for any of the forbearance, deferment or cancellation benefits as described below. No late charges may
exceed 20% of my monthly. bimonthly or quarterly payment. The school may add the late charges to principal the day after the scheduled repayment was due or include
il with the next scheduled repayment after I have received notice of the charge, and such notice is sent before the next installment is due.
REQUESTS FOR DEFERMENT, CANCELLATION OR FORBEARANCE - To receive deferment. cancellation, or forbearance benefits. I must make a written request
to the school and must submit to the schoo] any documentation the school requires to prove my eligibility for these benefits. I am responsible for submitting the
appropriate requests on time. and I may lose my benefits if I fail to file my request on time.
DEFAULT - If I fail to make a scheduled payment when due; if I fail to submit to the school on or before the due date of a scheduled payment. documentation that I
qualify for a deferment. cancellation, or forbearance; or if I fail to comply with the terms and conditions of this promissory note or written repayment agreement. the
school may, at its option, declare my loan to be in default and may accelerate my loan (demand immediate payment of the entire unpaid balance of the loan, including
principal. interest. late charges. and collection COSts). The school. and the Secretary, if my loan is assigned to the Secretary for collection. shall disclose to credit bureau
organizations that I have defaulted and all other relevant loan information. I will lose my right to defer payments and my right to forbearance if I default on my loan. I
will lose my right to receive cancellation benefits for service that is performed after the date the school <lccelerated the loan. I will be ineligible for any further federal
student financial assistance authorized under the Act until I make arrangements that are satisfactory to the school or the Secretary to repay my loan
CHANGE OF STATUS. I will inform the school of any change in my name. address. telephone number. Social Security number. or driver's license number.
ASSIGNMENT - This note may be assigned by the school only to the United States. The provisions of this note that relate to the school shall where appropriate relate to
the assignee.
PROMISE TO PAY: I promise to pay the school, or a subsequent holder of the Promissory Note. the sum of amount(s} advanced to me under the terms of this Note, plus
interest and other fees which may become due as provided in this Note. I promise to pay all reasonable collection costs. including attorney fees and other charges,
necessary for the collection of any amount not paid when due. I will not sign this Note before reading it. includ!ng the provisions on the reverse side. This loan has been
made to me without security or endorsement. My signature certifies I have read, understand, and agree to the terms and conditions of this Promissory Note. THIS IS A
WANtS) THAT MUST BE REPAID
,
B~_".Ifiz!/I2'
r;/9l;i
Date:
Terms and Conditions (cont.)
HARDSHIP REP:\'{j'v[ENT OPTIONS - Uptlllll1\ written rt'que.st. if I
qualify a~ a low incomt' individual during the l"l'payrnelll penud. the school
may extend the repayment period fOf up to an additional ten (10) years and
may adlust any repayment schedule to reflect my income. Upon my written
request. thl-' school may extend the repayment period if. in its opinion.
prolonged illlWSS or unemployment prevent me from making the Scheduled
repayments during which time interest vvill continue (0 accrue. The school
may permit me to pay less than the minimum monthly repayment rate for a
period of not mort' than one year al a lime if 1 experience a period of
prolonged iJlrll'SS e)f unemplovmem except such action may not extend the
repaymt'1l1 perind beyond 10 years.
GR",-CE PERIODS - My initial grace period before beginning repayment is 9
months. If I am a Less- Than-Half- Time Borrower with oUlStanding Federal
Perkjns Loans, my repayment begins when the next scheduled installment of
my outstanding loan is due. If I am a Less-Than-Half-Time Borrower wilh no
oUlStanding Federal Perkins Loans. my repaymem begins lhe earlier of: 9
months from the date my loan was made. or 9 months from the date I brcame
less lhan a half-time stud-em. even if I received the loan after I became a less
than half-time student. My payments will resume after a post-deferment grace
period of 6 months that follows deferments that apply to Federal Perkins
loans.
PREPAThlENT - I may prepay all or any part of my unpaid loan balance.
plus any accrued interest. at any time without penalty. Amounts I repay in the
academic year in which the loan was made and before the initial grace period
has ended will be used to r!'duce the amount of the loan and will not be
considered a prepayment If I repay amounts during the academic year in
which the loan was made and the initial grace period ended. only those
amounts in excess of the amoum due for any repayment period shall be
consid!'rpd a prepa"Tnenc, If. in an academic year other than the award year in
which the loan was rnadi", 1 repay more than the amount due for an install-
mt'nt. the ('xcess ,,\'ill he used to repilv principal unless [designate it as an
ad..-ance p<1"TIWnl of thf' npx( rebTlJlar installment.
~nNIMUM MONTHLY PAYMENT" I will make a minimum monthly
repaymf'nt of $40 (or $30 if I have outstanding Federal Perkins loans mad~
bl'fore October 1, 1992 that included the $30 minimum payment option) if
required by the school. If the tolal monthly repayment rate on this loan and
any outstanding Federal Pf'rkins loans I may have is less than the minimum
monthly repavment rate established by the school. the school may still require
a minimum monthly repayment rate. A minimum monthly repayment
amount will combine mv obligation on this and all mv outstanding Federal
Perkins loans. including "those made at other schools. The portion of the
minimum monthly payment that will be applied to this loan will be the
difference between the minimum monthly payment and the total amounts
owed at a monthly rate on my other Federal Perkins loans. If each school
holding mv ourstanding Federal Perkins loans exercises the minimom monthly
payment option. the minimum monthly repayment will be divided among the
schools in proportion to the amount of principal advanced by each school.
FORBEARANCE" Upon making a properly documented written request to
the school. I am entitled to forbearance of principal and interest Dr pnncipal
only. renewable at intervals up to 12 months for periods that collective]y do
not exceed thrf't' years. under the following conditions: If mv monthly Title IV
loan debt burden f~quals or exceeds 20% of my total monthly gross income: if
the Secretary authorizes a period of forbearance due to a national military
mobilization or other national emergency: or if the school determines that I
qualify due to poor health or for other reasons, including service in
AmeriCorps. fnrerest accrues during any penod of forbearance.
DEFER.MENTS - Upon making a properly documented written request (0
the schon!. I llia\ defer making scheduled installment payments Clnd will not
be liabll' for all\' inu'rf'sr that might otheT"\vise accrue 1) during any period that
1;111): t"llrnlJed and ilttending:IS a regular studenr in at If'<tst a half-time course
of study at an eligible schuol: enrolled and attending as a regular student a
graduate ft'llowship program approved bV lhe St.-cretary: engaged in graduate
or pf)~t-gTaduate fellow~hip._~uppllrted study ()u[slde the CS: enrolled and
attending ~ rehabilitation training program for disabled indiViduals approved
b\ the Secretarv: eng3gt>d in public service that qualifies me to have part or all
llf lIlV lacm Clnceled: 2) fur a period not to eXCl"-.>d tlU"ee years during which I
am wd\Jng hUlUlldbl~ to find ruJltime l'mplo'rrnern, 3) for a period not to
t'xu';.d thn.;' ',('<1[, during \\tllctl 1 <.1m pxp(:rh'nClng an N:ontJTllic harctship as
d!'l"rmillt'd h\.' lilt" '.. hliU) I ~HTI 1l0! digibj(' felf d (kf('rrnl'nl whdt' $('rvillg in a
In(>(!ir~Jlllltprll,hlu (ir i"'\id('!:c,, prrJgrarn. I rn;ll. ('()nttnu,' to defi'r rnaking
sc!,..;hlh',IW,_\I;lllmt.nt p,;ym,'llts ;md will [Hit hi, lidbh' for anI. intpreslthal
rlug!\l uLhu',\l:'K clLcr-U~ lur J six muntl1 pf.'flod irnmediat~h fGlluwlIlg the
(>,\pir;j(irm ill ,!th 'h.+'fll1r.ru )wriud deSCIlbed lIllhis par;Jgf<lph
CAi'\JCELLATIONS Upon making a properly documented written request
to the school. I am entitled to haw up to 100% of the original principal loan
amount of this loan canceled if I perfoml qualifying service in the areas listed
in paragraphs A, B. C, D and E below Qualifying St~Nice must be performed
after I receive the loan.
A. Teaching. a full-time teacher in a public or other nonprofit elementary or
secondary school. that has been designated by the Secretary in accordance with
the pro\fisions of section 465(a) (2) of the Act as a school with a high
concentration of students from low-income families_ An official Directory of
designated low-income schools is published annually by the Secretary. . a full-
time special education teacher in a public or nonprofit elementary or
secondary school system, . a full-time teacher. in a public or other nonprofit
elementary or secondary school system. who teaches mathematics, science.
foreign languages, bilingual education. or any other field of expertise that is
determined by the State Department of Education to have a shortage of
qualified teachers in that State.
S. Early Intervention Services. a foil-time qualified professional provider of
early intervention services in a public or other nonprofit program under public
supervision by a lead agency as authorized by section 672(2) of the Individuals
with Disabilities Education Act. Early Intervention Services are provided to
infants and toddlers with disabilities.
C. Law Enforcement or Corrections Officer. a full,. time law enforcement
officer for an eligible local. State. or Federal law enforcement agency; or . a
full-time corrections officer for an eligib]e local. State, or Federal corrections
agency.
D. Nurse or Medical Technician. a full-time nurse providing health care
services: or . a full-time medical technician providing health care services.
E, Child or Family Service Agency. a full-time employee of an eligible public
or pnvate non-profit child or family service agency who is providing or
supervising the provision of services to high-risk children who are from low-
income cummunities and the families of such children.
Cancellation Rates - For each completed year of service under paragraphs A.
B. C. 0 and E a portion of this loan will be canceled at the foilowing rates:
. 15% of the anginal pnncipalloan amount for each of the first and second
year.;: . 20% of the onginal principal loan amount for each of the third year
and fourth years: and. 30% of the anginal principal loan amount for the fifth
year.
F. Head Start Cancellation - Upon making a properly documented written
request to the school. I am entitled to have up to 100% of the original
principal loan amount canceled for qualifying seNice performed after I receive
the loan as: . a full-time staff member in the educational component of a
Head Start program which is operated for a period comparable to a full school
year and which pays a salary comparable to an employee of the local educa-
tional agency.
Cancellation Rate. For each completed year of service under the Head Start
Cancellation provision. this loan will be ~anceled at the rate of 15% of the
original principal loan amount.
G. rvlilitary Cancellation" Upon making a properly documented written
request to the school. I am entitled to have up to 50% of the pnncipal amount
of this loan canceled for qualifying service performed after I receive the loan
as: . a member of the Armed Forces of the United States in an area of
hostilities that qualifies for special pay under section 310 of Title 37 of the
United States Code.
Cancellation Rate - For each completed year of service under the Military
Cancellation pro\fision. this loan will be canceled at the rate of 12 1/2% of the
original principal loan amount.
H, Volunteer Service Cancellation - Upon making a properly documented
written request to the school. I am entitled to have up to 70% of the original
principal loan amount of this loan canceled for qualifying service performed
after I received the loan as: . a volumeer unrier the Peace Corps Act; . a
volunteer under the Domestic Volunteer Service Act of 1973 (ACTION
programs) .
Cancellation Rate" For each completed year of service under the Volunteer
Service Cancellation provision. a portion of this loan will be canceled at the
following rates:
. IS!);) uf the original principal loan amount for each of the first and second
12 -month periods of <;ervice: and. 20(};) of rhe original principal loan amount
for each of the third and fourth 12-month pf'rions of ser;,'ic{'
L Death and Disahility Cancellation - In tht' t'\'t'nt of rm (]Path (he ~Lhonl
will cancel the total amount owed on this luan_ If I become pf'rmarwntlv and
totally dis.abled aft("r I receive this loan. the <;chool will cancel thl' total amounr
Dwed on thi..<; loan
Exhibit E
PFRKI'iS ('iDS!.) TRlITH-IN-U:N[)[NC STA'J'EclENT
. "'.. .
DIC{I~SON COLLEGE
Account Number
00 dJ3. 000 /OO~ fflSt1-6"1
Name of Borrower
Joseph Donahue
Address
LJ5/ '5ta/'l'd Rd.
/J1......../l,lcl c;..n+t"'r" /"7 "''':::l~n
,/
ANNUAL PERCENTAGE
RATE
AMOUNT FINANCED
The cost of your
credit as a yearly
rate.
The amount of
credit provided
to you.
Prior to
repa)'1llent
During
repa)'1llent
o
7.
5
7.
$
1,000
I Itemization of the Amount Financed: $ 1,000
Amount given directly to you./
Late Charge: If a pa)'1llent is late, you may be charged: $1.00 for the first
late pa)'1llent, and $2.00 for each subsequent late pa)'1llent if
this loan is payable monthly, $3.00 for each late pa)'1llent if
this loan is payable bimonthly, $6.00 for each late pa)'1llent
if this loan is payable quarterly,
Prepa)'1llent: If you payoff early, you will ~ have to pay a penalty.
See your promissory note for any additional information about nonpa)'1llent, de-
fault, any required repayment in full before the scheduled date, and pre-
pa)'1llent.
TIlE BORROw"ER ACK.''lOWLEDGES RECEIPT OF AN EXAe! COpy OF THIS STATEMENT.
STUDDlT / ~ / /J /
BORROw"ER f1!"Y~:tk-L./
DATE /;J/; /t,t?
INSTITlITIONAL
REPRESENTATIVE
~-<-,~
..e '-..
DATE 'Je c . I
- I
J~Cj f
EXHIBIT "E"
feDERAL PERKINS LOAN
PROMISSORY NOTE
00-:) 1 ~- OCO-CO-Jd5'i-o:'1
~, ..
/
1. Name (last, first, middle initial) and
Permanent Address (street, city, state. zip code)
2. Social Security Number
o'l"!:r80~'~ '8
-
Joseph Donahue
4'J1 5f.If;.e/ R.L,
fYJpn~H.lc.I Ctutk'j c.r
Ot;~~
3. Date of Birth
IlfII/77
4. Area CodefTelephone Number
CUD) 'I;r!'-7o'3'3
5. Driver's License Number (List state abbreviation first)
C-r 01(, 7705dl
6. School Name & Address (street, city. state, zip code)
7. Borrower Status
8. Interest Rate
Dickinson College
P.O. Box 1773
Carlisle, PA 17013-2896
III HaW..me a greater 0 Less than .....me 5 %
9. loan Amount: 10. loan Period
$1,000
1998-1999
TERMS AND CONDITIONS:
[Any bracketed clause or paragraph may be included 3toption of institution.]
APPLICABLE LAW - The terms of this note and any disbursements made under this note shall be interpreted in accordance with Part E of Ti[Je IV of the Higher
Education Act of 1965. as amended (hereinafter called the Act). as well il5 Federal regulatiOns issued under the Act. All sums advanced under this note are subject to the
Act and Federal regulations issued under the Act.
REPAYMENT - I am obligated to repay the principal and the interest that accrues on it to the above-named Institution (hereinafter called the school) over a period
beginning 9 months (or sooner if t am a less than a half-time borrower) after the date I cease to be at least a half-time student at an Institution of higher education or a
comparable school outside the United States approved by the United States Secretary of Education (hereinafter called the Secretary) and ending 10 years later, unless I
request in writing that my repayment period begin sooner. I understand that the school will report the amount of my installment payments, along with the amount of this
loan to a national credit bureau. Inte~t on this loan shall accrue from the beginning of the repayment period. My repayment period may be shorter than 10 years if I am
required by my school to make minimum monthly payments. Upon my written request my repayment period may be extended during periods of deferment, hardship. or
forbearance and I may make graduated installments in accordance with a schedule approved by the Secretary. I will make my installment payments in equal monthly.
bimonthly or quarterly installments as determined by the school. The school may round my installment payment to the next highest multiple of $5. II will make a
minimum monthly repayment of $40 (or $30 if I have outstanding Federal Perkins loans made before October I. 1992 that included the $3Q minimum payment option)
in accordance with the Minimum Monthly Payment Section of the Terms and Conditions contained on the reverse side of this document.)
LATE CHARGES - The school will impose late charges if I do not make a scheduled payment when due or if I fail to submit to the school on or before the due date of
the payment, a properly documented written request that I qualify for any of the forbearance, deferment or cancellation benefits as described below. No late charges may
exceed 20% of my monthly, bimonthly or quarterly payment. The school may add the late charges to principal the day after the scheduled repayment was due or include
it with the next scheduled repayment after I have received notice of the charge. and such notice is sent before the next installment is due.
REQUESTS FOR DEFERMENT. CANCELLATION OR FORBEARANCE - To receive deferment. cancellation, or forbearance benefits, I must make a written request
to the school and must submit to the school any documentation the school requires to prove my eligibility for these benefits. I am responsible for submitting the
appropriate requests on time. and I may lose my benefits if I fail to file my request on time.
DEFAULT - If I fall to make a scheduled payment when due: if I fail to submit to the school. on or before the due date of a scheduled payment, documentation that I
qualify for a deferment. cancellation, or forbearance: or if I fail to comply with the terms and conditions of this promis.sory note or written repayment agreement, the
school may. at its option. declare my loan to be in default and may accelerate my loan (demand immediate payment of the entire unpaid balance of the loan. including
principal, interest, late charges, and collection costs). The school, and the Secretary. if my loan is assigned to the Secretary for collection, shall disclose to credit bureau
organizations that I have defaulted and all other relevant loan information. I will lose my right to defer payments and my right to forbearance if I default on my loan. I
will lose my right to receive cancellation benefits for service that is performed after the date the school accelerated the loan. I will be ineligible for any further federal
student financial assistance authorized under the Act until I make arrangements that are satisfactory to the school or the Secretary to repay my loan.
CHANGE OF STATUS - I will inform the school of any change in my name. address, telephone number. Social Security number. or driver's license number.
ASSIGNMENT - This note may be assigned by the school only to the United States. The provisions of this note that relate to the school shall where appropriate relate to
the assignee.
PROMISE TO PAY: I promise to pay the school. or a subsequent holder ofthe Promissory Note, the sum of amount(s) advanced to me under the terms of this Note, plus
interest and other fees which may become due as provided in this Note. I promise to pay all reasonable collection costs, including attorney fees and other charges,
necessary for the collection of any amount not paid when due. I will not sign this Note before reading it, Including the provisions on the reverse side. This loan has been
made to me without security or endorsement. My signature cenifies I have read. understand. and agree to the terms and conditions of this Promissory Note. THIS IS A
LOAN(S) THAT MUST BE REPA.lD
__i~/aL
/2/J/qg
Date:
!)f)!/' 1;,/_
;
VERIFICATION
I, THOMAS MEYER, Assistant Treasurer of Dickinson College, acknowledge that I have
the authority to execute this Verification on behalf of Dickinson College and certify that the
foregoing Complaint is based upon information which has been gathered by my counsel in the
preparation of this lawsuit. The language of this Complaint is that of counsel and not my own. I
have read the document and to the extent that this Complaint is based upon information which I have
given to my counsel, it is true and correct and to the best of my knowledge, information and belief.
To the extent that the content of this Complaint is that of counsel, I have relied upon counsel in
making this Verification.
This statement and Verification are made subject to the penalties of 18 Pa. C.S. 9 4904
relating to unsworn falsification to authorities, which provides that if I knowingly make false
averments, I may be subject to criminal penalties.
Dickinson College
<2--\..
Thomas Meyer
Assistant Treasurer of Dickinson College
Dated: 7/9/03
F: \FILES\DA T A Fl LE\Dickinson College 7619\Di<:kinsonConeg~ColleClions 7619C\Documents\ 180 com
- ~.'-
C'!
f~~
-"
,
.
(
1: "'-. ,-
~
~ -- >
-,
~ (\
- ........ ~
- \.\
1..-,1 ~
~ ""I ~
\)(\ --.1 '"
"-l \)
c
,)
-q
-..- ~
....-
..
"1 .J
()l --<
F: \FILES\DA T AFILE\Dickinson College 7619\DickinsonCollegeCollections7619("
Created: 4/28/03 1:54:03 PM -
Revised: 11/6/0310c58:14AM
'i\180,pral\mai
DICKINSON COLLEGE,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 03-3261
CIVIL ACTION-LAW
JOSEPH 1. DONAHUE,
Defendant
JURY TRIAL OF TWELVE DEMANDED
PRAECIPE
Please reinstate the attached Complaint against Joseph 1. Donahue, in the above-captioned
action and return same to the undersigned for service.
David R. Galloway, Esquire
J.D. Number 87326
Ten East High Street
Carlisle, P A 17013
(717) 243-3341
B
Date: November 6, 2003
Attorneys for Plaintiff
() 0 0
C" W l~f
~: - .:'.~
"'Co, '".'-
C:>
Lrlr, "t!::: ", -'!.i
z.. :;~ , r~.
Z; - In
en ' 0 ';1
-<..,; ";-,) (';,
~( ,
~~'? -I",
2. -'..../"1
Z(:' :~1F~
J:; c: ~
-..,. ?g
~- '"
--I
"" r" -<:
...
F:\FlLES\DA T AFILE\Dickinson College 7619\DickinsonColiegeColieclions7619C\CulTent\180_pra2\nlm
Created4/2S/031:54:03PM
Revised: S/26!042:5713 PM
DICKINSON COLLEGE,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 03-3261
CJVIL ACTION-LAW
JOSEPH 1. DONAHUE,
Defendant
JURY TRIAL OF TWELVE DEMANDED
PRAECIPE
Please reinstate the attached Complaint against Joseph L. Donahue, in the above-captioned
action and return same to the undersigned for service.
By
David R. Gallo
J.D. Number 87326
Ten East High Street
Carlisle, PA 17013
(717) 243-3341
Date: August 26, 2004
Attorneys for Plaintiff
0 :;:; ~
~ =
.J:"
-00:' ~ ~~
i~~ en
N i3~
SQ,}:; -'
r<C.i ~.,.,
J8 ~ %~
c - -'-t
~ (.1\ ~,
(.1\
F: \FILES\DA T AFlLE\Dickinson COllege 7619\DickinsonCollegeCollections7619CICurrent\ 180. affduediJig
Created: 6/13/0311:08AM
Revised: 10/4/049A7AM
7619C.180
David R. Galloway, Esquire
J.D. 87326
10 E. High Street
Carlisle, PA 17013
Attorneys for Plaintiff
DICKINSON COLLEGE,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 03-3261
CJVIL ACTION-LAW
JOSEPH 1. DONAHUE,
Defendant
JURY TRIAL OF TWELVE DEMANDED
AFFIDAVIT OF DUE DILIGENCE AND
COST OF ATTEMPTED SERVICE
See attached Affidavit from Bernie Giusto, Sheriff ofMuJltnomah County, Oregon and receipt
showing cost for attempted service in the amount of$29.00
ILLIAMS & OTTO
Attorneys for Plaintiff
Date: October 4, 2004
MUlTNOMAH COUNTY SHERIFF'S OFFICE
12240 NE GLlSAN S1:, . PORTLAND, OR 97230
BERNIE GIUSTO
SHERIFF
Exemplary service for a safe, livable community
(503) 255-3600 PHON~
(503) 251.2484 TTY
www.sheriff-mcso.org
~
County: CUMBERLAND
Court Case: 033261
MCSO Case #: 2004.91409
Court CIRCUIT
RE: DICKINSON COLLEGE
VS.
DONAHUE,JOSEPH L
I hereby certify that the attached
COMPLAINT
SUMMONS
waslwere delivered to me for service on the 07 day of September" 2004 . and waslwere
duly certified to be true copy by .
DONAHUE.JOSEPH L
I further certify that after due and diligent search and inquiry, I haIJ9 been unable to find the within
named party, to- wit DONAHUE,JOSEPH L within said state and <:ounty. Therefore, service was not
made.
BERNIE GIUSTO. Sheriff
Multnomah County, Oregon
By: ~2u~~ 7
EDWARDS,RODNEY ALBERT DPSST#:25677
Subscribed and sworn to before me this day of II~ It I 2604
. OfAClAl.SEAL
,. i lINDA D Me SWEENEY
',,/ NOTARYPUBl/C-OREGOH
' .-' COMMISSION NO. 3506t3
MY COMMISSION EXP RES OCTOBER 7
.
-
(')
~
<l;....
-ot~l:!
~iq:~:
~~<'
.:< ~-
r;(
"'-
li0.
~~
r-->
~
c:>
"
-<
I
.&:"
'.
"""
::It
o
-11
:::r!-n
rn~
:g C;)
S?l~>'
k"'~
l,.-ItS
Zrn
S:'.
;!"
~
~
W
N
-
Multnomah County Sheriff's Off'ice
CIVIL PROCESS UNIT
MCSO Casa No. 9 / l.j 0 If Dale 9 - '8 - qo';/
Name: IJ1 oiu It 0 ~ /7./'-",-"",~~,;L;
I -
Address:
City:
State:
Zip:.
Amount
Execution
<2 71 tJ'O
Court Case No.
Type of Process
Misc. Fees
f)Jf~
PLAINTIFF
v
><
Amount Due
Check# /3&0 /
No. 8025721
Tola1 Received
F IFILESIDA T AFILEIDickinsonCollege7619ICollectionsICurrentI1S0.pra3
Created: 11/17/04 S.44AM
Revised. 11/17/04 S.47AM
7619C ISO
David R. Galloway, Esquire
MARTSON DEARDORFF WILLIAMS & OTTO
Ten East High Street
Carlisle, P A 17013
(717) 243-3341
Attorneys for Plaintiff
DICKINSON COLLEGE,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 03-3261
CIVIL ACTION-LAW
JOSEPH L. DONAHUE,
Defendant
JURY TRIAL OF TWELVE DEMANDED
PRAECIPE
Please reinstate the attached Complaint against Joseph L. Donahue, in the above-captioned
action and return same to the undersigned for service.
MARTSON DEARD
F WILLIAMS & OTTO
By
David R. Galloway, Esquire
I. D. Number 87326
Ten East High S1treet
Carlisle, PA 17013
(717) 243-3341
Date: November 17,2004
Attorneys for Plaintiff
(-'}
'....-' '.
,,-(
r-'
=
:;~
(-)
"f.
:-:J
'IIfI':-.
c., ,
~,
-;,1
c'1
(,.,q
F.IFILESIDA T AFILElDickinsonCollege7619lCollectionslCurrentllSO.atfduedilig2
Created: 1/5/05 10.59AM
Revised. 1/5105 2:20PM
7619C ISO
David R. Galloway
MARTSON DEARDORFF WILLIAMS & OTTO
Ten East High Street
Carlisle, PA 17013
(717) 243-3341
Attorneys for Plaintiff
DICKINSON COLLEGE,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 03-3261
CIVIL ACTION-LAW
JOSEPH L. DONAHUE,
Defendant
JURY TRIAL OF TWELVE DEMANDED
PRAECIPE TO FILE AFFIDAVIT OF DUI~ DILIGENCE
TO THE PROTHONOTARY:
Please file the attached Affidavit of Due Diligence from Multnomah County Sheriff s Office.
The cost of attempted service was $29.00.
F WILLIAMS & OTTO
By
Davl . Gal oway
Attorney LD. No. 87326
10 East High Street
Carlisle, PA 17013
(717) 243-3341
Date: January 5, 2005
Attorneys for Plaintiff
MULTNOMAH COUNTY SHERIFF'S OFFICE
12240 NE GLlSAN ST., · PORTLAND, OR 97230
BERNIE GIUSTO
SHERIFF
Exemplary service for a safe, livable community
(503) 255-3600 PHONE
(503) 251-2484 TTY
www.sheriff-mcso.org
County: CUMBERLAND
Court Case: 033261
MCSO Case #: 2004-95558
Court: :
RE: DICKINSON COLLEGE
VS.
DONAHUE,JOSEPH L
I hereby certify that the attached
COMPLAINT
NOTICE
waslwere delivered to me for service on the 23 day of November, 2004 , and was/were
duly certified to be true copy by .
DONAHUE,JOSEPH L
I further certify that after due and diligent search and inquiry, I have been unable to find the within
named party, to- wit DONAHUE,JOSEPH L within said state and county. Therefore, service was not
made.
~~
Subscribed and sworn to before me this day of ,7...[ "l- \ { ()~
~~~~415b1,
ary Public for Oregon
My Commission Expires: lol1 rJ.005
OFFICIAL SEAL
UNDA 0 Me SWEENEY
, NOTARYPUBUC-OREGON
COMMISSION NO. 350613
MY COMMISSION EXPIRES OCTOBER 7,
(?2)
(t~
!:.19
~
Multnomah County Shel'iff's Office
CIVIL PROCESS UNIT
MCSO Case No. 9,5:55'8 Dale J /-25-4 Y
Name: IJ7lJwfO ad- d0~
Address:
City:
" \
State:__ Zip:
Amount
.2 9 C/O
Court Case No. f/ 3 -3 ~~ /
Type of Process AJ~
Execution
Misc. Fees
11~~Mt f2~~
Check # /37'15'/
N pnI1Rf')n /1,
o. U' ! I t'::l 'I ',","" ~
'lo.C !:i.... ,,! r.- Ii !
.
Amount Due
Total Received
27: t7ZJ
IVd5l
8PST
17 PS 331 B
o
~
<.,
~(~~-'
~- "-:--.
~~r, ~
~c:: l.
~E': \:
"c C
J;:'C.
~~
~
c:::>
c;=>
c.n
<-
~
%
.....
1
(J1
~
:.:;:i
fii:1J
::;;
~C?
q t::>
.- '"
T-n
~~~
( ,
=:t
-0
~
<2
N
-.J
?D
:<
F \FI LES\OA T AFILE\OickinsonC C1l1ege7619\Collections\CUll"ent\ 180\ 180 pra4
Created 11/17/04844AM
Revised: 12/14/05 11.20AM
7619(180
Christopher E. Rice, Esquire
MARTSON DEARDORFF WILLIAMS & OTTO
Ten East High Street
Carlisle, P A 17013
(717) 243-3341
Attol11eys for Plaintiff
DICKINSON COLLEGE,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 03-3261
CIVIL ACTION-LAW
JOSEPH 1. DONAHUE,
Defendant
JURY TRIAL OF TWELVE DEMANDED
PRAECIPE
Please reinstate the Complaint against Joseph 1. Donahue, 1737 SE 39'h A venue, Portland,
OR 97214 in the above-captioned action and retUl11 same to the undersigned for service.
MARTS ON DEARDORFF WILLIAMS & OTTO
By U~ ? K-
Christopher E. Rice, Esquire
I. D. Number 90916
Ten East High Street
Carlisle, P A 17013
(717) 243-3341
Date: December 14, 2005
Attorneys for Plaintiff
() '" 0
=
c::; = "Tl
<.n
< C1 --J
"D (L! 1"'1 :r:::!)
rn , " n1fT:
~'.-
-~" -0 .
~.. -nO
U} \D -.... I
F . S~,
:z,.. j" -ri
,2 ";1': 6~~
>~= C5
:;..': ~p.!
-, CJl :n
-< CO .-<;
F ',FtLLSDA fAf/I_E\/Jid,i",0NC"llq;<:7b I 9\('c,))eCI,,")5\CiJfTl'JJII)"-0\ ISO prJ.j
C'l'~I~J. I ].'17().j 8 .j.jA~l
R<:qs<:d. :1,OIJI511'r..\
~I,IO)C l~'.l
Christopher E. Rice, Esquire
MARTSON DEARDORFF WILLIAMS & OTTO
Ten East High Street
Carlisle, PAl 70 \3
(717) 243-3341
Attorneys for Plaintiff
DICKINSON COLLEGE,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 03-3261
CIVIL ACTION-LAW
JOSEPH L. DONAHUE,
Defendant
JURY TRIAL OF TWELVE DEMANDED
PRAECIPE
Please reinstate the Complaint against Joseph L. Donahue, 1737 SE 39th A venue, Portland, OR
972 I 4 in the above-captioned action and return same to the undersigned for service.
MARTSON DEARDORFF WILLIAMS & OTTO
BY~~ S fL-
Christopher E. Rice, Esquire
1. D. Number 90916
Ten East High Street
Carlisle, PAl 7013
(717) 243-3341
Date: February 17, 2006
Attorneys for Plaintiff
-.,'1
-'n
r-<'
~ - ",
(",
F \FI LES\DA TAFILr\Dickin,onColkgc76I 'J\C,-,lkc[;<)m\CllITClll\1 SUI I SiJ pl'a5
Cr~:\[cJ 1\/17IU-I b-l-lAM
Rc,i;cd ~..')iI,'()b 'J ~bAM
ihI9(.1::O
Christopher E. Rice, Esquire
MARTSON DEARDORFF WILLIAMS & OTTO
Ten East High Street
Carlisle, P A 17013
(717) 243-3341
Attorneys for Plaintiff
DICKINSON COLLEGE,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 03-3261
CIVIL ACTION-LAW
JOSEPH L. DONAHUE,
Defendant
JURY TRIAL OF TWELVE DEMANDED
PRAECIPE
Please reinstate the Complaint against Joseph L. Donahue, 1737 SE 39th Avenue, Portland, OR
97214 in the above-captioned action and return same to the undersigned for service.
MARTSON DEARDORFF WILLIAMS & OTTO
By C-{ 1r.~ > r<----
Christopher E. Rice, Esquire
1. D. Number 90916
Ten East High Street
Carlisle, PAl 70 13
(717) 243-3341
Date: April 10,2006
Attorneys for Plaintiff
--\
1.'.-";
c:
r
"
F: IFILESIDA T AFILEIDickinsonCollege7619lCollectionslCurrent\1 SOIl SO.atfduedilig3
Created: 1/5/05 !0:59AM
Revised: 619/06 9:0SAM
7619C.1S0
Christopher E. Rice, Esquire
MARTSON DEARDORFF WILLIAMS & OTTO
Ten East High Street
Carlisle, PA 17013
(717) 243-3341
Attorneys for Plaintiff
DICKINSON COLLEGE,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 03-3261
CIVIL ACTION-LAW
JOSEPH L. DONAHUE,
Defendant
JURY TRIAL OF TWELVE DEMANDED
PRAECIPE TO FILE AFFIDAVIT OF DUE DILIGENCE
TO THE PROTHONOTARY:
Please file the attached Affidavit of Due Diligence from Multnomah County Sheriff's Office. The
cost of attempted service at 1133 S.B. 27th Avenue, Portland, Oregon, was $29.00.
MARTSON DEARDORFF WILLIAMS & OTTO
BY~J.4 5".~
Christopher E. Rice, Esquire
10 East High Street
Carlisle, PA 17013
(717) 243-3341
Date: June 9, 2006
Attorneys for Plaintiff
..
...
MULTNOMAH COUNTY SHERIFF'S OFFICE
12240 NE GLlSAN 51., · PORTLAND, OR 97230
BERNIE GIUSTO
SHERIFF
Exemplary service for a safe, livable community
(503) 255-3600 PHONE
(503) 251-2484 TTY
www.sheriff-mcso.org
County: CUMBERLAND
Court Case: 933261
Meso Case I: 2006-126026
Court :
RE: DICKINSON COLLEGE
VS,
DONAHUE,JOSEPH L
I hereby certify that the attached
COMPLAINT
NOTICE
waslwere delivered to me for service on the 18 day of April, 2006 , and waslwere
duly certified to be true copy by ,
DONAHUE,JOSEPH L
I further certify that after due and diligent search and inquiry, I have been unable to find the within
named party, to- wit DONAHUE,JOSEPH L within said state and county. Therefore, service was not
made,
BERNIE GIUSTO. Sheriff
Multnomah County, Oregon
By: zg Xf1 ~ #--~Z
DOYLE,BRIAN DPSST#:38072
Subscribed and sworn to before me this day of
OFFICIAL SEAL
. SUZANNE GEHRELS
. NOTARY PUBUC-QREGON
MY COMM1RR,~~~'~WSN~A~~N1~009
..
t-..:>
=
<=.:.>
(.::.~
S
lo.....
........
I
1...0
"'D
:J2:
CJ
:~. -
C)
RECEIVE[
JUN 0 5 2006
MDW~
F:\FILESIDAT AFILEIDickinsonCollege76191CollectionslCurrentl 1 SOl ISO. praS
Created: 11117/04 S:44AM
Revised: 1/9/07 11:17 AM
7619C ISO
Christopher E. Rice, Esquire
MARTSON DEARDORFF WILLIAMS & OTTO
Ten East High Street
Carlisle, P A 17013
(717) 243-3341
Attorneys for Plaintiff
DICKINSON COLLEGE,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 03-3261
CIVIL ACTION-LAW
JOSEPH L. DONAHUE,
Defendant
JURY TRIAL OF TWELVE DEMANDED
PRAECIPE
Please reinstate the Complaint against Joseph L. Donahue, 1133 S,E, 27th Avenue, Portland,
Oregon 97214 in the above-captioned action and return same to the undersigned for service.
MARTS ON DEARDORFF WILLIAMS & OTTO
By CL./.r-L ~ ~
Christopher E. Rice, Esquire
I. D. Number 90916
Ten East High Street
Carlisle, P A 17013
(717) 243-3341
Date: January 9,2006
Attorneys for Plaintiff
~
~
"'() (.L'
1'"n\' ,
~{.
(J'1; ., ,.
-;;: ~.
r::;.C
,.-
%1~~~..<
7C
-z.
3.
~
~:!1
-:b~
"') \
'3~\
..,_-1'1
'"'" ,.., -""c'
':Jt "';?rf\
_ S
~ ~
..p
~
~
<-
!i
\
u:>