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HomeMy WebLinkAbout03-3282F:/FILES~DA TA FILE/Dicklnson College 7619/Dickinson CollegeCollections7619C~Doc ume nts/182 corn Created 4/28/03 1:5403 PM Revised: 7/I0/03 I ]46:51 AM DICKINSON COLLEGE, Plaintiff MEIKA WAHLSTROM, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 03- 2 _v z C VIL ACT ON-L^W JURY TRIAL OF TWELVE DEMANDED NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you and a judgrnent 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 Ten East High Street Carlisle, PA 17013 (717) 243-3341 & OTTO Attomeys for Plaintiff Date: DICKINSON COLLEGE, Plaintiff MEIKA WAHLSTROM, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03- 3.2 J'-L CIVIL ACTION-LAW JURY TRIAL OF TWELVE DEMANDED COMPLAINT AND NOW, comes Plaintiff Dickinson College by and through its attorneys, MARTSON DEARDORFF WILLIAMS & OTTO, and hereby avers as follows: 1. Plaintiff Dickinson College is a Pennsylvania educational institution and nonprofit corporation with its principle place of business at West Street, Post Office Box 1773, Carlisle, Cumberland County, Pennsylvania 17013. 2. Defendant Meika Wahlstrom is an adult individual with a last known address of 2145 Nauset Road, Eastham, MA 02642-1721. 3. On or about August 26, 1996, Defendant entered into a Promissory Note - Federal Perkins Loan Program (Note #1) with Plaintiff. AcopyofNote#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 August 31, 1997, 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 PlaintifFs institution. 7. On or about August 31, 1998, 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 $2,500.00 plus interest and costs by Defendant on his own behalf, for educational services and benefits at Plaintiff's institution. 9. On or about August 30, 1999, 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 $2,000.00 plus interest and costs by Defendant on his own behalf, for educational services and benefits at Plaintiff's institution. 11. Note #1, Note #2, Note #3 and Note #4 are funds created under Part E of Title IV of the Higher Education Act of 1965 as amended, (hereinafter the "Act") and are subject to the Act and the Federal Regulations issued under the Act. 12. 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. l 3. The total principal for Note #1, Note #2, Note #3 and Note #4 is $8,500.00. 14. Note #1, Note #2, Note #3 and Note #4 grant Plaintiff reasonable collection and attorney's fees which Plaintiff has calculated to be $1,275.00. 15. As of April 3, 2003, the principal and interest due and payable by Defendant to Plaintiff was $8,913.06, plus interest accruing thereafter at $1.13 per day. ! 6. The outstanding balance of$8,913.06 represents the total and actual overdue value of the financing provided to Defendant under Note #1, Note #2, Note #3 and Note #4 for which Defendant has yet to pay. 17. Plaintiffhas fulfilled, performed and complied with all obligations and conditions of Note #1, Note #2, Note #3 and Note #4. COUNT I BREACH OF CONTRACT 18. Plaintiff hereby incorporates by reference the averments contained in Paragraphs 1 through 17 of this Complaint. 19. Defendant breached the expressed and implied obligations, conditions and terms of agreement of Note #l, Note #2, Note #3 and Note #4 by failing to pay the amounts financed therein. WHEREFORE, Plaintiffdemands judgment against Defendant in the amount of $8,913.06, plus interest accruing at $1.13 per day, collection and attorneys' fees in the amount of $1,275.00 and costs of suit. COUNT II IN 0 UANTUM MER U1T 20. Plaintiff hereby incorporates by reference the averments contained in Paragraphs 1 through 19 of this Complaint. 21. Having requested Plaintiff to loan money, and doing so to the benefit of Defendant, Defendant became liable to Plaintiff for said money. 22. Defendant has been unjustly enriched by accepting said money without paying Plaintiff reasonable compensation therefor. 23. As of April 3, 2003, Defendant is liable to Plaintiff and/or has been unjustly enriched in the amount of $8,913.06, plus interest accruing at $1.13 per day. WHEREFORE, Plaintiff demands judgment against Defendant in the amount of $8,913.06, plus interest accruing at $1.13 per day, collection and attorneys' fees in the amount of $1,275.00 and costs of suit. Date: S ID. Number 87326 Ten East High Street Carlisle, PA 17013-3093 (717) 243-3341 Attorneys for Plaintiff OTTO Exhibit A FEDERAL PERKINS LOAN PROMISSORY NOTE 1. Name (last, firsL middle initial) and Permanent Address (slTeet, city, state, zip code) Wahlstrom, Meika 2. Social Security Number 3. Date of girth 4. Area Code/Telephone Number 5. Driver's License Number (List state abbreviation flint) 6. School Name & Address (sb'eet, city, state, zip code) Dick/nsc~ Co! 1 ~cje P.O. Bo~ 1773 Carl ~_,~le, PA 17013-2896 7. Borrower Status 8. Interest Rate 9. Loan Amount: ~ Period $2000. O0 1996-97 TERMS AND CONDITIONS: [Any bracketed cJatae or pa~raph may be included at option of Lr~RutionI APPLICABLE LAW - The terms of this note and any disbursements made under this note shaU be intenpmted 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 sun~ advanced under this note are subject to the Act and Federal regulations issued under the Act. REPAY~vtENT - I am obligated to repay the principal and the interest that accrues on it to the above-framed institution {beteinafter called ~e school) over a period beginning 9 months (or sooner if I am a less than a half-tim~ 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 Uniled ~tate~ Secretary of Education (hereinafter called the Secretary) and ending l0 yeats later, unle~ I request in writing that my repayment parind 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. ]ntete~t on this loan shall accrue from the beginning of the repayment period. My repayment period may be shorter than l0 yeats if [ am requited by my school to make minimum monthly paymenL~. Upon my written request my repayment period may be emended during periods of deferment, hardship, or forbearance and I may make graduated instaaments in accordance with a schedule approved by the ~ecnetary. l will make my tmtallment payments in equal monthly. bimonthly or qua~erly installments as determined by the school. The school may round my installment payment to the next highest multiple of $5. [1 will rnake a minimum monthly repayment of $40 (or $30 if I have outstanding Federal Perkins loans nmde before October l, 1992 that included the $30 minimum payment option) in accordance with the Minimum Monthly Payment Section or the Terrm and Conditions contained on the reverse side of this document.] LATE CHARGES - The school will impose late charges if [ 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 beneftu as de-.crihed 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 ha~ 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 beneflu. ! must make a written request to the school and mt~t submit to the scimol 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 Io~e my benefits if 1 fail to file my request on time. DEFAULT - [f 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 prommory note or written repayment agreement, the school may, at its option, declare my loan to he in default and may accelerate my loan (demand immediate payment of the entire unpaid balance of the loan. including principal, inte~st, late charges, and collection cos~). The school, and the Secret~ry, if my loan is aasigneil to t}~ Secretary for collection. ~hail disclose to credit bureau organizations that I have defaulted and all other relevant loan information. I will lo~e my right to defer payments and my right to forbearance ff I default on my loan. I will I~e my tight to receive cancellation heneflt~ for se~ice 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 age 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, telaphone number, Social ~ecurity number, or driver's license number. ASSIGNMENT - This note may be assigned by th~ school only to the [Jnised States. The provisions of this note that relate to the school shall where appropriate relate to the a~aigne~. 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 prormae 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, lncluifing the provisions on the reverse side. This loan has b~en made to me without security or endorsement. My signature certifies I ha~ read. understand, and agree to the terms and conditions of this Promis~ry Note. THIS IS A LOAN(S) THAT MUST BE REPAID Borrower s Signature EXHIBIT "A" Date: Terms and Conditions (cont.) HARDSHIP REPAYMENT OPTIONS - Upon my written request, ff I qua]fly as a Iow-income individua] during the repayment period, the school may extend the ~epayment pe~od for up to an addlUona] ten (10) years and may adjust any repayment schedule to ~flect my income. Upon my written request, the school may extend the repayment period if. in irt opinion. prolonged illness or unemployment prevent me from making the scheduled repayments during which time interest will continue to acon~e. The school may permit me to pay less than the minimum monthly repayment rate for a p~tod of not more than one year at a time ff I experience a period of prolonged illness or unemployment except such action may not extend the repayment period beyond 10 year~. GRACE PERIODS- My initial grace period befor~ beginning repayment is 9 months. If I am a Less-Than-Ha]f-Time Borrower with outstanding Federal Perkins Loar~. 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 P~ Loans. my repayment begins the earUer of: 9 months from the elate my loan was made. or 9 months from the date I became less than a haft-time student, even if I ~celved the loan after [ became a less ~han haif-tirne student. My payments will resume after a post-deferment grace period of 6 monks that follows deferments ~mt apply to Federal Perkins loans. PREPAYMENT - ! may prepay all or any part of my unpaid loan balance. plus any accrued interest, at any time without penalty. Amounts ! repay in the acaderrde year in which the loan was made and before the initial grace pr~od be~ ended will be u~-d to reduce the amount of the loan and vail not be considered a prepayment. If I repay amounts during the academic year in which the loan was made m~d the irdOa] grace period ended, only those amounts in excess of the amount due for any repayment period shall be cormid~ed a prepayment. If, in an academic year other than the award year in which the loan w~ made, I repay more than the amount due for an insta]l- ment. th~ excess will be used to repay principal unless I designate it as an advance payment of the next regular installment. MINIMUM MONTHLY PAYMENT - I w~ make a minimum monthly repayment of $40 (or $30 if I have outstanding Federal Perkim loans made before October 1. 1992 that included the $30 minimum payment option) if required by the school. If the total monthly repayment rote on this loan and any outstanding Feclera] Peritins loans I may have is less than the minimum monthly repayment rate established by the school, the school may still require a minimum monthly repayment rate. A minimum monthly repayment amount wUI combine my obUgaUon on this a~d all my outstanding Federal Pedtins loans, Including those made at other schools. The porUon of the minimum montidy payment that will be applied to this loan wig he the difference between the minimum monthly payment and the total amounts owed at a monthly rate on my otbet Federal Perkins loans. If each school holding my ou~sr~cling Federal Perkins loans exercises the minimum monthly payment opUon, the mmimmn 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 entidad to forbearance of principal and interest or principal only, ~enewable at intervals up to 12 months for periods that collectively do not exceed three years, under t~ foUowthg conditions; If my monthly Tide IV loan debt burden equals or exceeds 20% of my totM monthly ~ income; if the Sectetmy authorizes a period of forbearance due to a nationa] military mohilization or other naUona] emergency; or if the school determines that I qualify due to poor health or for other reasons, including service in AmeriGorpa. ~terest accrues during any period of forbearance. DEFERMENTS - Upon making a properly documented written request to the school, ! may defer making scheduled instMlment payments and will not be liable for any inte~st that might otherv~ accrue 1) during any period that ! am: enrolled and attending as a ragulat student in at least a half- Omc course of study at an eligible school; enrolled and attending as a regular smdant a graduate fellowship program approved by the ,~*etary; engaged in graduate or post-g~aduate fellowship-supported study ou~ide the US: enrolled and attending a rehabilitation training program for disabled individuals approved by the Sec~etm'y; engaged in public service that qua]flies me to have part or all of my loan c~nceled; 2) for a period not to e~ceed three years during which I am seeking but unable to Fred flail-time employment. 3) for a period not to exceed three years during which ! am experiencing an economic hardsinp as determined by the school. ! am not eligible for a deferment while serving in a medical i~ternship or residency program. I n-my conr/nue to defer making scheduled insta]lment payments and will not be liable for any interest thst might otherwise accrue for a six-month period immediately following the expiration of any deferment period described m th~s paragraph. · CANCELLATIONS - Upon making a properly documented written request to the school. I am e~Utied to have up to 100% of the originel principal loan amount of th~ loan canceled if ! pafform qua]flying service in the areas listed in paragraphs A. B. C. D and E below. Qua]ifying Service must be performed aft~ I receiv~ the loan. A. Teaching · a full-time teacher in a public o~ other nonprofit elementa~ 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 ofstudenrt from low-ip~orne famUies. An official Divectocy of designated Iow-income schools is published annually by the Secretm7. · a full- time special education teacher in a public or nonprofit elementary or second~cy school system. · a flail-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 o-x*pertJse that is determined by the State Department of Education to have a shortage of qua]ffled teachers in that State. B. Early Intervention Services · a full-time qualified prnfes~iona] provider of e~rly 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 EducaUon Act. Early Intewvention ,~'vices are provided to C. Law Enforcement or Com. cUons Officer · a full-tune law enforcement offcer for an eligible local, State, or Federal law enforcement agency: or - a full-time corrections officer for an eligible local, State. or Federa] corrections agency. D. Nurse or Medicad Technician · a full-time nurse providing health care services: or · a full-time medical technician providing health care se~ices. E. Child or Family Service Agency · a full-time employee of an elllliifie public or pti~ate 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 servlce under paragraphs A. B. C, D and E a portion of this loan will be canceled at the following rates: · 15% of the original principa] loan amount for each of the lust and second yegg; · 20% of the ortgtna] principal loan amount for each of the third year and fourth yea~: and · 30O/o of the origirad principal loan amount for the Fifth E Head Start CancellaUon - Upon making a properly documented written request to the school. I am entitled to have up to 100% of the origtoa] principal loan amount c~ncelad for qualif3dng service performed after ! receive the loan as: · a full-time staff member in the educaOonal component of a Head Start program which is opera~d for a period comparable to a r~dl 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 CanceUation provision, this loan wUl be c,~nceled at the rate of 15% of the origina] principal loan amount. G. Military Cancellation - Upon making a properly documented written r~luest to the school. ! am enUtied to have up to 50% of the principal amount or' chis loan c~nceled for qua]flying service performed afte~ ! receive the loan as: · a member of the Armed Forces of the United States in an area of hostiUties that qualifies for special pay under section 310 of Title 37 of the United Stat~ Code. Cancellation Prate - For each completed year of service under the Military CanceUation provision, this loan wi}l be canceled at the rate of 12 I/2% of the original principal loan amount. H. Volunteer Se~ice Cancellasinn - Upon making a properly documented written mClUest to the school. ! am entitled to have up to 70% of the original principal loan amount of this loan canceled for qua]flying service parformed after ! received the loan as: · a volunteer uoder the Peace Corps Act: ° a volunte~- under the Domestic Volunteer Service Act of 1973 (ACTION programs). Cancellation Pate - For each completed year of service under the Volunteer ~rvice Cancellation provision, a portion of this loan will be canceled at the following rates: · 15% of the original p~ncipa] loan amount for each of the lust and second 12-month periods of service; and ° 20% of the origina] ptincipa] loan amount for each of the third and fourth 12-month periods of service. I. Death and DL~biltiy Cancellation - ~n the event of my death, the school will cancel the total amount owed on this l~an. If ! become permanently and totally disabled after I receive this loan, the school will cancel the total amount owed on this loan. FEDERAL PERKINS LOAN PROMISSORY NOTE 00273-000-00-3339-09 1. Name (last, first, middle initia§ and Permanent Address (s~eet, cit~ state, zip code) Wahlstrom, Meika RR #2 2145 Nauset Rd. Eastham, MA 02642-1721 2, Social Security Number 3. Date of Birth 4. ~ee Code/Telephone Number -5. Driver's License ~umber (List s~ate abbreviation first) 6. School Name & Address (street, city, state, zip code) Dickinson Co]lec3e P.O. Box 1773 Carlisle, PA 17013-2896 7. Borrower Status 8. Interest Rate ~ Half-Brae (x greate~ J2~J Less tt~n half4ime 5% 9. Loan Amount: 10, Loa~ Period $2,000.00 1997-1998 TERMS AND CONDITIONS: REQUESTS FOR DEFERMENT, CANCELLATION OR FORBEARANCE - To receive deferment, ca~ellation, or forbearance benefits, I must make a written request LOAN(S) THAT MUST BE REPAID Rorrower'$ Signature EXHIBIT "g" Date: Terms and Conditions (cont) . H.,\RI)S}I[P REPAYMENT OPTION5 [:pon my wrm.~ request d I may extend the repayment period for up to an addition~ mn (10) ye~ and repayment period beyond lO ye~s G~CE PERIODS - My inia~ ~ace pe~od ~fore begmning repayment ~ 9 mont[u. If [ am a Le~-Than H~r-Time Bo~ower wi~ ouutanding Federal Perkins Loans. my repayment ~gi~ when the next ~heduled i~tallment of P~PA~[ENT I may prepay all or m~y p~t of my unpaid Iota balance. MINIMUM MONTHLY PATIENT - I ~mll make a minimum monthly repayment or $40 (or $30 if I have outriding Federal Perki~ Ioa~ made FORBEA~NCE - Upon making a properly d~ument~ ~itten requ~t to DEFE~ENTS Upon ma~ng a properly d~umented ~[ten requ~t to C,-\NCEi,LAI'IONS · Upon making a properly documented written request in paragrap~ A, B. C. D and E below Qualirymg ~ce must ~ perfo~od the provismm of ~ction 465(a)(2) of the Act ~m a school ~th a high supemsion by a lead agency ~ authored by ~tion 672(2) of the Individuals wi~ D~bi~ ~u~on Act. ~ly Intemen~on ~ic~ ~ provided to C, ~w Enfo~ement or Co~tion$ ~cer · a full-~me law enforcement agency E. Child or Family ~ice Agency * a full-Omc employ~ of an eligible public Oonal agency. Unit~ [~tes Code Cancellation ~te For each completed ye~ or semice under the Military Cancellation promsion, t~s loan will ~ canceled at ~e rate of I~ b~2% of the principal loan amount of ~s loan canceled for qualifying semite perfo~ed volunt~r under the Domestic Volunteer ~mice Act of 1973 (ACTION · ,RKt; (NDE],) TRtTH IN LEND[NC STATEMENT DI~<INSON COLLEGE Account Number 00273-000-00-3339-09 Name of Borrower Meika Wahlqtrom Address RR #2 2145 Nauset Rd Eastham, MA 02642-1721 ANNUAL PERC~lqTAG~ RATE The cos= of your credit as a yearly rate. AMOUNT FINANCED amount of credit provided to you. Prior =o During repaymen= repayment 0 % 5 2.000.00 l=emiza=ion of the Amoun: Financed: $2.000.00 Amount given directly to you. Late Charge: If a pay~nent is late, you may be charged: $I.00 for =he 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. Prepa3nnen=: If you pay off early, you will not have to pay a penalty. See your promissory note for any addiulonal information about nonpayment, de- fault, any required repayment in full before the scheduled date, and pre- paymen=. ~IE BORROWER ACK~NOWLEDGES RECEIPT OF AN EXACT COPY OF THIS STATEMENT. BORROWER INSTITUTIONAL REPRESENTATIVE DATE Exhibit C ~hRL[,,,S (>!I}SL) TRUTI{-I['I Li'iNDINt; STATE,"IENT DIC~INSCN COLLEGE Accoun: Number 00273-000-00-3339-09 Name of Borrower Meika Wmhl~trnm Address 2145 Nauset Rd., RR 2 Eastham, MA 02642 A~NI~JAL PERCENTAGE RATE Tlue cost of your credit as a yearly rate. AMOUNT FINANCED l~he amoun= of credit provided =o you. Prior to During repayment repayment 0 % 5 % $ 2,foo.oo Itemization of the Amount Financed: Amount given directly to you. Late Charge: If a payment is late, you may be charged: $i.00 for =he first late payment, and $2.00 for each subsequent late payment if this loan is payable monthly, $3.00 for each late paymen= if this loan is payable bimonthly, $6.00 for each late paymen~ if this loan is payable quar=erly. Prepayment: If you pay off early, you will not have to pay a penalty. See your promisso~% no~a for any additional lnforma=ion about nonpayment, de- fault, any required repayment in full before the scheduled date, and pre- payment. TIE BORROWER A~--~<~NOWLEDGES RECEIPT OF AN E.~LkCT COPY OF THIS STATF~MMNT. BORRO~qER INSTITUTIONAL REP.~ESENTATIVE EXHIBIT "C" FEDERAL PERKINS LOAN PROMISSORY NOTE 00273-000-00-3339-09 1. Name (last, first, middle initial) and Permanent Address (s~-eet, city, state, zip code) Wahlstrom, Meika 2145 Nauset Rd., RR 2 Eastham, MA 02642 2. Social Security Number 027-60-1293 3. Date of Birth 4. ~%rea Code/Telephone Number (SOR) 755-5315 5. Driver's License Number (List state abbreviation first) 6. School Name & Address (street, city, state, zip code) Dickinso~ College P.O. Box 1773 Carlisle, PA 17013-2896 7 Borrower Status 8. Interest Rate 9. Loan Amount: ~ Period $2,500.00 1998-1999 TERMS AND CONDITIONS: [Any b~acketed clause or paragraph may be included at option of insut ution,] 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 196fi. 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 obit§atari 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 [ am a lex than a half-time borrower) after the date I cease to be at [e~t 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 l0 years later, unless l 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. Interest on this loan shall accrue from the beginning of the repayment period. My repayment period may be shorter than 10 years if I am required by my school to make minimum monthly payments. Upon my written request my repayment period may be extended during periods of deferment, hardship, or forbearance and I may make graduated i~stallments in accordance with a schedule approved by the Secretary. I will make my installment payments in equal monthly, bimonthly or quarterly installments ~ determined by the school. The school may round my installment payment to the next highest multiple of $S. [l will make a minimum monthly repayment of $40 (or $30 if I have outstanding Federal Perkins loans made before October I, 199Z 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 wig impose [ate charges if I do not make a scheduled payment when due or if ! 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 tokay exceed Z0% of my mo~thly, bimonthly or quarterly payment The school may add the [ate 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 charier, and such notice is sent before the next ic~tallment is due, REQUESTS FOR DEFERMENT, CANCELLATION OR FORBEARANCE - To receive deferment, cancellation, or forbearance benefits, I must cnake a written request to the school and mu~t submit to the school any documentation the school requires to prove my eligibility for these benefits. I am responsible for submitting the appropriate requests or~ time, and I may Pose my benefits if 1 fail to file my request on time, DEFAULT if I fad 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 l 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 [ have defaulted arid 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 f~nancia[ assistance authorized under the Act until [ make arrangements that are satisfactory to the school or the Secretary to repay my loan, CHANGE OF STATUS - l will inform the school of any change in my name. address, telephone number. Social Security number, or driver's hcens¢ number. ASSIGNMENT This note may be assigned by the school only to the United States. The provisior~ of this note that relate to the school shall where appropriate relate to the asstg nee 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 terrr~ 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 loc 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 wlthout security or endorsement My signature certifies I have read. understand, and agree to the terms and conditions Of this Promissory Note THIS IS A LOAN(S) THAT MUST BE REPAID Date: Terms and Conditions (cont.) HARDSHIP REPAYMENT OPTIONS L;pon my wrttterl request, ir I may extend the repayment period for up to an additional ten (10) years and repayment period beyond 10 years GRACE PERIODS - My initial grace period before beginning repayment is 9 mnnths If [ am a L.exs-Than,Half-Time Borrower with outstanding Federal my outstanding loan is due If [ am a Less-Than Half-Time Borrower with no outstanding Federal Perkins Loans. mx repayment begins the earlier of: 9 months from the date my loan was made. or 9 months from the date I became than half-time student. My payments will resume after a post deferment grace period of 6 months that follows deferments that apply to Federal Perkir~ C,~kNCELLATIONS Upon making a properly documented ~vntten request · to the school, I am entitled lo have up to 100~Yo of the original pnncipal loan in paragraphs A, B. C. D and E below Qualifying Service must be performed after I receive the loan, the pro~asions of ~ectaon 455(a) (2) of the Act as a school with a high designated low-income schools ts published araauaily by the Secretary · a full- foreign languages, bilingual education, or any other field of expertise that is B. Early I~tervention Services · a full time qualified professional provider of super-nsion by a lead agency as authorized by section 6~g(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-t~me law enforcement officer for an eligible local, State, or Federal law enforcement agency; or ° a full-time correctior~ officer for an eligible local. State, or Federal corrections agency D. Nurse or Medical Technician ° a full-time nu~e prodding health care E. Child or Family Service Agency · a full4ime epnployee of an eligible public 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 foilowing rates: · 15% of the original principal loan amount for each of the Ftrst and second &nd fourth years: and * 30% of the original principal loan amount for the fifth E Head Start Cancellation Upon making a properly documented wntsen request to the school, [ am entitled to have up to 100% of the original tional agency. Cancellation Pate - For each completed year of service under the Head Start Cancellation provision, this loan will be canceled at the rate of IS°/o of the original principal loan amount G. Military Cancellation - Upon making a properly documented written of this loan canceled for qualifying service performed after I receive the loan hostilities that qualifies for special pay under section 310 of Title 37 of the United States Code Cancellation Pate For each completed year of service under the ~q[ilitary Cancellation provision, Otis loan will be canceled at the rate of t~ I/~% of the H. Volurtteer Service Caiacellation - Upon making a properly dc<umented volunteer under the Domestic Volunteer Service Act of 1973 (ACTION programs) Exhibit P!;RKfNS (NI)S[,) TR[/'?H~[N LEND[N(] STATE?lENT DI CKiNSCN COLLEGE Account Number 00273-000-00-3339-09 Name of Borrower M~ W~h]~rnm Address 2145 Nauset Rd, RR 2 Eastham, MA 02642 A~YN-UAL PERCENTAGE RATE The cost of your credit as a yearly rate. AMOUNT FINANCED The amount of credit provided to you. Prior to During repayment repayment 0 % 5 $ 2,000.00 Itemization of the Amount Financed: $ 2,000.00 Amount given directly to you. Late Charge: If a payment is late, you may be charged: $i.00 for the first la~e payment, and $2.00 for each subsequent late paymen~ if =his loan is payable monthly, $3.00 for each late payment if this loan is payable bimonthly, $6.00 for each late payment if this loan is payable quarterly. Prepayment: If you pay off early, you will ~pt 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. T]IE BORRO6q~R ACK.NOW-LEDGES RECEIPT OF AN E~Y_ACT COPY OF THIS STATE~ENT. INSTITUTIONAL REPRESENTATIVE EXHIBIT "D" FEDERAL PERKINS LOAN PROMISSORY NOTE 00273-000-00-3339-09 1. Name (last, first, middle initial) and Permanent Address (sb'eet, city, state, zip code) Wahlstrom, Meika 2145 Nauset Rd, RR 2 Eastham, MA 02642 2. Social Security Number 3. Date of Birth 4. Area Code/Telephone Number (508) 255-5315 5. ~rhler's License Number 0Jst stat~ abbre~aflon 6. School Name & Address (street, city, state, zip code) Dickinson College P.O. Box 1773 Carlisle, PA 17013-2896 7. Borrower Status 8. Interest Rate 9. Loan Amount: 10. koa~ ~ Period $2,000.00 1999-2000 TERMS AND CONDITIONS: REQUESTS FOR DEFERMENT, CANCELLATION OR FORBEARANCE - To receive deferment, cancellation, or forbearance benefits, I must make a written request LOAN(S) THAT MUST BE REPAID Borrower's Signature Terms and Conditions HARDSHIP REPAYMENT OPTIONS [pun my written request, if qualify as a low-income individual during the repayment period, tile 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 il'. in its opinion, prolonged glne&s or unemployment prevenl me 6rorr~ making the scheduled repayments during which time interest wig 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 tune ~f 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 perind before beginning repayment is g months If I am a Leas-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 my loan was made, or § months from the date l became less than a half-time student, even If I received die loan after I becmme 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 PREPAYMENT I may prepey all or any part of my unpaid loan balance. plm 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 t~sed to reduce the amount of the loan and will not be considered a prepayment. If i repev amounts (luring the academic year in which the loan was made and the initial grace period ended, only those MINIMUM MONTHLY PAYMENT I will make a minimum monthly repayment of $40 (or $30 if I have outstanding Federal Perkins loans made before October 1. 1992 that included the $30 minimum payment option) if required by the school. If the total monthly repayment rate on this loan and any outstanding Federal Perkins loans ! may have is less than the minimum monthly mpeyment rate e~tablisbed by the school, the school may still require amount will combine my obligation on this and all my outstanding Federal Perkins loans, including those made at other schools The portion of the minimum monthly payment that will be applied to this loan will be the dIfference between the minimum monthly payment and the total amounts owed at a monthly rate on my other Federal Perkir~s loans If each school holding my outstanding Federal Perkins klans exercaes the ~hinimum monthly payment option, the mtnimttm 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 ennfled to forbearance of pnncipal and interest or principal only, renewable at intervals up to 12 months for periods that collectively do not exceed three years, under the following conditions: If my monthly Title IV loan debt burden equals or exceeds 20% of mv total monthly gross income; if the Secretary authorizes a period of forbearance due to a national militaW mobilization or other national emergency: ar if the school determines that 1 qualify due to poor health or for other reasons, including service tn AmeriCorps. Interest accrue~ during any period of forbearance. DEFERMENTS Upon making a properly documented written request to the school. I may defer mating scheduled installment payments and will not be liable for any interest that might otherwise accrue 1) during any period that ! am: enrolled and attending as a regular student in at least a half-time course of study at an eligible school: enrolled and attending as a regular student a graduate fellowship progra2n 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 qual~fies me to have part or all ~f my loan canceled: 2) for a period not to exceed three years during which I 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 [ perform qualifying service in the areas listed in paragraphs A, B, C, D and E below. Qualifying Service mint 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 provisions of section 465(a)(2) of the Act as a school with a high concentration of students from Iow-income families An o~cial Directory of designated tow income schools is published annually by the Secretary. · a fi~ll- tame 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. B. Early Intervention Services · a full-time qualified professional provider of early intervention services in a public or other nonprofit program under public supepnsion by a lead agency as authorized by section 672(2) of the Individuals with Disabilities Education Act. Em'ly 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 agencyl 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 serwcesl or ° a full-time medical technician providing health care services. E. Child or Family Ser¥ice Agency * a full-time employee of an eligible public or private non-profit child or family service agency who is providing or supep~sing 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, I3, C, D and E a portion of this loan will be canceled at the following rates: · 16% of the original principal loan amount for each of the first and second years~ ° ~D% 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 volunteer under the Domestic Volunteer Service Act of 1973 fACTION programs) 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 tree and correct and to the best of my knowledge, information and belief. To the extent that the content of this Complaint is that of counsel, I have relied upon counsel in making this Verification. This statement and Verification are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities, which provides that if I knowingly make false averments, I may be subject to criminal penalties. Dickinson College Tho~ & Assistant Treasurer oT Dickinson College Dated: DICKINSON COLLEGE, Plaintiff MEIKA WAHLSTROM, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03- 3282 CIVIL ACTION-LAW JURY TRIAL OF TWELVE DEMANDED PRAECIPE TO DOCUMENT SERVICE AND COST OF SERVICE PURSUANT TO THE PENNSYLVANIA LONG ARM STATUTE I hereby certify that a copy of the Complaint was mailed to Meika Wahlstrom on September 3, 2003, by certified mail, restricted delivery, return receipt requested. Attached is the Post Office remm receipt signed and dated September 9, 2003 and a copy of the receipt showing the cost of service was $8.61. MARTSON DEARDORFF WILLIAMS & OTTO David R. GallowaXf;-F~quire / I.D. No. 87326 ~ Ten East High Street ~ Carlisle, PA 171)13-3093 (717) 243-3341 Date: September 17, 2003 Attorneys for Plaintiff · Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivm7 Is desired. · Pdnt your name and address on the reverse so that we can return the card to you. · Attach this card to the back of the mailpiece, or on the front if spec, e permits. If YES, enter delivery add ~ i i 2. Article Numbe~ PS Form 3811, Aught 2001 7001 2510 0006 5862 9398 (Endorsement Required) (Endorsement Required) '" CERTIFICATE OF SERVICE I, Marti Iben, an authorized agent ofMartson DeardorffWilliams & Otto, hereby certify that a copy of the foregoing Praecipe to Document Service and Cost of Service Pursuant to the Pennsylvania Long Arm Statute was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Ms. Meika Wahlstrom 46 Tremont No. 2 Brighton, MA 02135 MARTSON DEARDORFF WILLIAMS & OTTO Marti lben Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: September 17, 2003 DICKINSON COLLEGE, Plaintiff MEIKA WAHLSTROM, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03- 3282 CIVIL ACTION-LAW JURY TRIAL OF TWELVE DEMANDED PRAECIPE TO THE PROTHONOTARY: Enter default judgment in the above-captioned action in favor of Plaintiff and against Defendant in the amount of $8,913.06, plus interest from April 3, 2003, in the amount of $251.99, attorneys' fees in the amount of $1,275.00 for a total of $10,440.05, plus interest accruing at $1.13 per day and costs of suit for Defendant's failure to file an answer to the Complaint. I do hereby certify that a written notice of intention to file this Praecipe (in the form attached hereto) was mailed to the Defendant at the address indicated thereon, on October 22, 2003, which date was subsequent to the date default occun'ed and at least ten (10) days prior to the date of the Praecipe. Dated: November 12, 2003 MARTSON, DEARDORFF, WILLIAMS & OTTO Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff DICKINSON COLLEGE, Plaintiff 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 03- 3282 CIVIL ACTION-LAW JURY TRIAL OF TWELVE DEMANDED MEIKA WAItLSTROM, DEFENDANT NOTICE OF ENTRY OF DEFAULT JUDGMENT You are hereby notified that on ,2003, the following Judgment was entered MEIKA WAHLSTROM, Defendant TO: against you in the above-captioned case: [I]n the amount of $8,913.06, plus interest from April 3, 2003, in the amount of $251.99, attorneys' fees in the amount of $1,275.00 for a total orS 10,440.05, plus interest accruing at $1.13 per day and costs of suit. Date: I hereby certify that the name and address of the proper person to receive this notice under Pa. R. Civ. P. 236 is: Meika Wahlstrom 46 Tremont #2 Brighton, MA 02135 DICKiNSON COLLEGE, Plaintiff MEIKA WAHLSTROM, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03- 3282 CIVIL ACTION-LAW JURY TRIAL OF TWELVE DEMANDED l_ NOTICE OF INTENTION TO FILE PRAECIPE FOR ENTRY OF DEFAULT JUDGMENT YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHiN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. 1F YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP: Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 Date: October 22, 2003 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff & OTTO CERTIFICATE OF SERVICE I, Marti lben, an authorized agent ofMartson DeardorffWilliams & Otto, hereby certify that a copy of the foregoing Praecipe was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Meika Wahlstrom 46 Tremont #2 Brighton, MA 02135 MARTSOCDEARDORFF WILLIAMS & OTTO Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: November 12, 2003 F.\FILESff)ATAFILEkDickinsonCollege7619\Collections\Current\ 182.pra3/jmt Created: 12/14/04 0 38PM Revised: 12/14/04 4:07PM 7619C. 182 David R. Galloway, Esquire MARTSON DEARDORFF WILLIAMS & OTTO Ten East High Street Carlisle, PA 17013-3093 (717) 243-3341 Attomeys for Plaintiff DICKINSON COLLEGE, Plaimiff Vo MEIKA WAHLSTROM, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03- 3282 CIVIL ACTION-LAW JURY TRIAL OF TWELVE DEMANDED PRAECIPE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please mark the judgment in the above-captioned case: satisfied and issue a certificate reflecting the same. MARTSON D~a~dLDQa~F WILLIAMS & OTTO BYDavid R. Galloway, Esquire \ I.D. Number 87326 ) Ten East High Street Carlisle, PA 17013-3093 (717) 243-3341 Attorneys for Plaintiff Date: December 15, 2004 CERTIFICATE OF SERVICE I, Jean Taylor, an authorized agent for Martson Deardorff Williams & Otto, hereby certify that a copy of the foregoing Praecipe was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Meika Wahlstrom P.O. Box 730 North Eastham, MA 02651-072;0 MARTSON DEARDO~~/di~MS & OTTO ~ear l~sleSj pH~g~l 7~]~et (717) 243-3341 Dated: December 15, 2004