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C, n.ed 0/28/03 1.5403 PM
Reviuk 7110/03 1146.09 AM
DICKINSON COLLEGE, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. NO. 03- 343 q0,J
CIVIL ACTION-LAW
SCOTT D. McAULIFFE
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 orby attorney and filing in writing with the court
your defenses or objections to the claims set forth against you. You are warned that if you fail to
do so, the case may proceed without you and a judgment may be entered against you by the court
without further notice for any money claimed in the Complaint or for any other claim or relief
requested by the Plaintiffs. You may lose money or property or other rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET
FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP:
Cumberland County Bar Association
32 South Bedford Street
Carlisle, Pennsylvania 17013
Telephone (717) 249-3166
MARTSON
WILLIAMS & OTTO
David R. Galloway, Esquire
I.D. Number 87326
Ten East High Street
Carlisle, PA 17013
(717) 243-3341
Attorneys for Plaintiff
Date: 11/%
DICKINSON COLLEGE, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. : NO. 03- 312 3 C LA
,r,nA
CIVIL ACTION-LAW
SCOTT D. McAULIFFE
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 Scott D. McAuliffe is an adult individual with a last known address of
1204 Pine Heights Drive, Atlanta, Georgia 30324.
3. On or about October 8, 1993, Defendant entered into a Promissory Note - Federal
Perkins Loan Program (Note #1) with Plaintiff. A copy ofNote #1 is attached hereto as Exhibit "A."
4. Note #1 provided for the financing of $1,200.00 plus interest and costs by Defendant
on his own behalf, for educational services and benefits at Plaintiff's institution.
5. On or about May 14, 1995, Defendant entered into a Promissory Note - Federal
Perkins Loan Program (Note #2) with Plaintiff. A copy ofNote #2 is attached hereto as Exhibit "A."
6. Note #2 provided for the financing of $3,000.00 plus interest and costs by Defendant
on his own behalf, for educational services and benefits at Plaintiff's institution.
7. On or about October 2, 1995, 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 $800.00 plus interest and costs by Defendant
on his own behalf, for educational services and benefits at Plaintiffs institution.
9. Note #1, Note #2 and Note #3 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.
10. 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.
It. The total principal for Note #1, Note #2 and Note #3 is $5,000.00.
12. Note #1, Note #2 and Note #3 grant Plaintiff reasonable collection and attorney's fees
which Plaintiff has calculated to be $750.00.
13. As of April 3, 2003, the principal and interest due and payable by Defendant to
Plaintiff was $5,870.17.
14. The outstanding balance of $5,870.17 represents the total and actual overdue value
of the financing provided to Defendant under Note #1, Note #2 and Note #3 for which Defendant
has yet to pay.
15. Plaintiff has fulfilled, performed and complied with all obligations and conditions of
Note #1, Note #2 and Note #3.
COUNTI
BREACH OF CONTRACT
16. Plaintiff hereby incorporates by reference the averments contained in Paragraphs 1
through 15 of this Complaint.
17. Defendant breached the expressed and implied obligations, conditions and terms of
agreement of Note #1, Note #2 and Note #3 by failing to pay the amounts financed therein.
WHEREFORE, Plaintiff demands judgment against Defendant in the amount of $5,870.17,
plus interest accruing at $.68 per day, collection and attorneys' fees in the amount of $750.00 and
costs of suit.
COUNT II
IN QUANTUM MERUIT
16. Plaintiff hereby incorporates by reference the averments contained in Paragraphs 1
through 15 of this Complaint.
17. Having requested Plaintiff to loan money, and doing so to the benefit of Defendant,
Defendant became liable to Plaintiff for said money.
18. Defendant has been unjustly enriched by accepting said money without paying
Plaintiff reasonable compensation therefor.
19. As of April 3, 2003, Defendant is liable to Plaintiff and/or has been unjustly enriched
in the amount of $5,870.17, plus interest accruing at $.68 per day.
WHEREFORE, Plaintiff demands judgment against Defendant in the amount of $5,870.17,
plus interest accruing at $.68 per day, collection and attorneys' fees in the amount of $750.00 and
costs of suit.
I.D. Number 87326
Ten East High Street
Carlisle, PA 17013-3093
(717) 243-3341
Date: Attorneys for Plaintiff
MARTSON DEARQORYA WILLIAMS & OTTO
P
,-By
David R. Gallow
Exhibit A
PERKINS (NDSL) TRUTH-IN-LENDING STATEMENT
DICKINSON COLLEGE
Account Number 00273-000-00-2136-09
Name of Borrower Scott D. McAuliffe
207 Weaver Dr.
Address
Pittsburgh, PA 15116
ANNUAL PERCENTAGE
RATE
The cost of your
credit as a yearly
rate.
Prior to , During
repayment repayment
AMOUNT FINANCED
The amount of
credit provided
to you.
0 X 5 X $ 1,200.00
Itemization of the Amount Financed: $1,200.00 Amount given directly to you.
Late Charge: If a payment is late, you may be charged: $1.00 for the first
late payment, and $2.00 for each subsequent late payment if
this loan is payable monthly, $3.00 for each late payment if
this loan is payable bimonthly, $6.00 for each late payment
if this loan is payable quarterly.
Prepayment: If you pay off early, you will not have to pay a penalty.
See your promissory note for any additional information about nonpayment, de-
fault, any required repayment in full before the scheduled date, and pre-
payment.
THE BORROWER ACKNOWLEDGES RECEIPT OF AN EXACT COPY OF THIS STATEMENT.
STUDENT :` puny^?yfA?' J INSTITUTIONAL
BORROWER REPRESENTATIVE e-
DATE DATE
EXHIBIT "A"
00273-000-00-2136-09
Promissory Note-Federal Perkins Loan Procram
-09
[Any bracketed clause or paragraph may be included at option of institution.)
I. rsott David h(Cl4?liljfC payto Dickinson College (hereinattercalled the
Inadmdon), located at l r 15 e. PA 176167712w846 , the sum of the amounts that are advanced to me and endorsed in the
Schedule of Advances set forth below. I promise to pay all reasonable collection costs, including attorney fees and other charges, necessary for
the collection of any amount not paid when due.
I further understand and agree that:
I. General
(1) Avolicable Law. All sums advanced under this note are drawn from a fund created under Part E of Title IV of the Higher Education Act
of 1965, as amended (hereinafter called the Act), and are subject to the Act and the Federal regulations issued under the Act. The terms of this
note shall be interpreted in accordance with the Act and Federal regulations, copies of which are to be kept by the Institution.
(2) Procedures for Receiving Deferment. Cancellation, or Forbearance. I understand that, to receive a deferment, cancellation, or
forbearance, I mast 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 understand that, if I
am eligible for deferment, cancellation, or forbearance under Articles VI through MV, I am responsible for submitting the appropriate requests
on time. I further understand that I may lose my deferment, cancellation, and forbearance benefits if I fail to file my request on time.
II. terest
Interest shall accrue from the beginning of the repayment period and shall be at the ANNUAL. PERCENTAGE RATE OF FIVE PERCENT
(5%) on the unpaid balance, except that no interest shall accrue during any deferment period described in Article VII.
M. Repayment
(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 due
I cease to be at least a half-time regular student at an institution of higher education, or at a comparable institution outside the United States
approved for this purpose by the United States Secretary of Education (hereinafter called the Secretary), and ending ten (10) years later, unless
that period is [shortened under paragraph III(5), or] extended under paragraphs III(4), III(7) (extensions), VII(I), or VII(3) (deferments).
(2) Upon my written request, the repayment period may start on a date earlier than the one 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
installments, as determined by the Institution. I understand that, if my installment payment for all the loans made to me by the Institution is not
a multiple of $5, the Institution may round that payment to the next highest dollar amount that is a multiple of S5.
(B) Notwithstanding paragraph III(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 M(1), 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.
[(5)(A) If the monthly rate that would be established under paragraph III(1), or the total monthly repayment tare of principal and interest on
all my Federal Perkins Loans, including this loan, is less than E40.00 per month, I shall repay the principal and interest on
this loan at the rue of $40.00 per month (which includes both principal and interest).
(5)(B) If I have received Federal Perkins Lows from other institutions and the total monthly repayment rate on those loans is less than
$40.00 the $40.00 monthly payment established under subparagraph III(5)(A) includes the amounts I owe
on all my outstanding Federal Perkins Loans, including those received from other institutions. The portion of the $40.00
monthly payment that will be applied to this low will be the difference between $40.00 and the tote) of the amounts owed at a
monthly ram on my other Federal Perkins Loans.
(6) The Institution may permit me to pay less than the rate of $40.00 per mouth for a period of not more than one (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
III(1), if, in its opinion, circumstances such as prolonged illness or unemployment prevent me from malting the scheduled repayments.
However, interest shall continue to accrue.
IV. Prevaymen
t
(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 low and will not be considered a prepayment.
(3) If I repay amounts during the academic year in which the loan was made and the initial grace period ended, only than amounts in excess
of the amount due for any repayment period shall be considered a prepayment.
(4) If, in an academic year other than the award year in which the loan was made, I repay more than the amount due for an installment, the
excess will be used to repay principal unless I 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, on or before the date on which payment is due, documentation that I qualify for a deferment,
cancellation, or forbearance as described in Articles VI, VII, VIII, DX, 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 1 of 4 Federal Perkins/July 1993
information.
(3) I understand that, if I default on my loan, the Institution may disclose that 1 have defaulted, along with other relevant information, to
credit bureau organizations.
(4) Further, I understand that, if I default on my loan and the loan 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) 1 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.
(n I understand that, if the Institution accelerates the loan under paragraph V(1), 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, XII, XIII, or XIV performed after the date the Institution accelerated the loan.
(8) I understand that failure to pay this obligation under the terms agreed upon will prevent my obtaining additional student financial aid
authorized under Title IV of the Mgber Education Act of 1965, u 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 only, renewable at 12-month intervals, for a period not to exceed three years, if-
(A) My debt burden equals or exceeds 20 percent of my gross income; or
(B) The Institution determines that I qualify for other reasons.
VII. fIk erment
(1) 1 understand that, upon malting 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 as a regular student in at least a half-time course of study at an eligible institution;
(i) 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;
(ii) Engaged in graduate or post-graduate fellowsbip-supported study (such as a Fulbright grant) outside the United States; or
(v) Enrolled and in attendance in a course of study that is pan 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 VIII, IX, X, XI, XII, XIII, or X1V of this agreement.
(C) For a period not to exceed three (3) years during which-
() I am seeking and unable to find full-time employment; or
(i) For any reason that my Institution determines has caused or will cause me to have an economic hardship.
(2) I understand that I am not eligible for a deferment under paragraph (VII)(1)(A) while I am'serving in a medical internship or residency
program.
(3) I understand that I may continue to defer making scheduled installment payments and will not be liable for any interest that might
otherwise accrue for a six (6) month period immediately following the expiration of any deferment provided in paragraph VII(I).
VIII. Teaching Cancellation
(1) I understand that, upon malting 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 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 hu been designated by the Secretary (after consultation with each State Department of Education) in accordance with the provisions of
section 465(x)(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;
(B) As a full-time special education teacher (including teachers of infants, toddlers, children, or youth with disabilities) in a public or other
nonprofit elementary or secondary school 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(6)(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 teaching 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
second complete academic years of that teaching service;
(B) 20 percent of the total principal amount of the loan plus interest on the unpaid balance accruing during that year for each of the third and
fourth complete academic years of that teaching service; and
(C) 30 percent of the total principal amount of the loan plus interest on the unpaid balance accruing during that yew for the fifth complete
academic year of that teaching service.
IX. Head Start Cancellation
(1) 1 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 it full-time
staff member in a Head Stan program if-
(A) That Head Stan program is operated for a period that is comparable to a full school year in the locality; and
Page 2 of 4 Federal PerkinWuly 1993
(B) My salary is not more than the salary of a comparable employee of the local educational agency.
(2) This loan will be canceled at the rate of 15 percent of the total principal amount of the loan plus interest on the unpaid balance accruing
during that year for each complete school 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. Military Cancellation
(1) I understand that, upon making a properly documented written request to the Institution, I am entitled to have up to 50 percent of the
principal amount of this loan plus the interest thereon canceled if I serve as a member of the Armed Forces of the United States in an area of
hostilities that qualifies for special pay under section 310 of Title 37 of the United States Code.
(2) This loan will be canceled at the rate of 12 1/2 percent of the total principal amount of the loan plus interest on the unpaid balance
accruing during that year for each complete year of such qualifying service after the period for which I received the loan.
XI. Volunteer Service Cancellation
(1) 1 understand that, upon making 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 perform qualifying service after the period for which I received the loan-
(A) As a volunteer under the Peace Corps Act; or
(B) As a volunteer under the Domestic 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 accruing during that year for each of the fins and
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 and
fourth twelve (12) mouth periods of volunteer service completed.
)M. Jaw Enforcement or Corrections 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 agency; or
(B) As a full-time corrections officer for service to an eligible local, State, or Federal corrections agency.
(2) A portion of this loan will be canceled for each completed year of law enforcement or corrections 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 sub 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 each of the third and
fourth complete years of that service; and
(C) 30 percent of the total principal amount of the loan plus interest on the unpaid balance accruing during that year for the fifth complete
year of that service.
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 perform qualifying service after the period for which I received the loan as a full-time
nurse 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) 15 percent of the total principal amount of the loan plus interest on the unpaid balance accruing during that year for each of the first and
second complete years of that service;
(B) 20 percent of the total principal amount of the loan plus interest on the unpaid balance accruing during that year for each of the third and
fourth complete years of that service; and
(C) 30 percent of the total principal amount of the loan plus interest on the unpaid balance accruing during that year for the fifth complete
year of that service.
XiV. Child or Family Service Agency 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 interest thereon canceled if I perform qualifying service after the period for which I 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, services to
high-risk children who are from low-income communities and the families of such children.
(2) A portion of this loan will be canceled for each completed year of service at the 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
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 each of the third and
fourth complete years of that service; and
(C) 30 percent of the total principal amount of the loan plus interest on the unpaid balance accruing during that year for the fifth complete
year of that service.
XV. Death and Disability Cancellation
(1) In the event of my death, the 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. Change in Name. Address. Telenbone Number, or Social Security Number
I am responsible for informing the Institution of any change or changes in name, address, telephone number, or Social Security number.
Page 3 of 4 Federal Perkins/Iuly 1993
XVII. Late Charee
(I) The Institution will impose a late charge if-
(A) I do not make a scheduled payment when it is due; and '
(B) I do not submit to the Institution, on or before the date on which payment is due, documentation that I qualify for a deferment,
cancellation, or forbearance as described in Articles VI, VII, VIII, DC, X, XI, XII, XIIJ, or XIV of this agreement.
(2) No charge may exceed 20 percent of my monthly, bimonthly, or quarterly payment.
(3)(A) The Institution may-
(i) Add the late charge to the principal the day after the scheduled repayment was due; or
(ii) Include it with the next scheduled 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.
XVIII. Assienment
(1) This note may be assigned by the Institution only to-
(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 a t assignee.
(3) Any holder of this loan is subject to all claims and defenses that I could assert against the Institution that made this loan; my recovery is
limited to the amount I repaid on this loan.
XIX. Prior Loans
I hereby certify that I have 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
XX. Schedule of Advances
The following amounts were advanced to me under this loan agreement on the dates indicated:
Amount Date fig?a a of Bor o e
1 $600.00 8/11/93
2 $600.00 1/12/94 ? -?
1
NOTICE TO BORROWER: DO NOT SIGN MS NOTE BEFORE YOU READ IT.
I UNDERSTAND AND AGREE TO ALL OF THE FOREGOING TERMS AND CONDITIONS.
[This note is go d' st a .]
Signer reC / 1 - l(seap]
Date t 0 -'j . , 19 4 }
Permanent Address (Street or Box Number, City, State, and Zip Code)
Social Security Number (borrower must provide)
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.1087dd)
Page 4 of 4 Federal Perkins/July 1993
Exhibit B
PERKINS (NDSL) TRUTH-IN-LENDING STATEMENT
DICKINSON COLLEGE
Account Number 00273-000-00-2136-09
Name of Borrower Scott D. McAuliffe
Address 207 Weaver Drive
Pittsburgh PA 15116
ANNUAL PERCENTAGE
RATE
The cost of your
credit as a yearly
rate.
Prior to During
repayment repayment
AMOUNT FINANCED
The amount of
credit provided
to you.
0 % 5 z $3,000.00
Itemization of the Amount Financed: $ 3,000.00 Amount given directly to you
Late Charge: If a payment is late, you may be charged: $1.00 for the first
late payment, and $2.00 for each subsequent late payment if
this loan is payable monthly, $3.00 for each late payment if
this loan is payable bimonthly, $6.00 for each late payment
if this loan is payable quarterly.
Prepayment: If you pay off early, you will not have to pay a penalty.
See your promissory note for any additional information about nonpayment, de-
fault, any required repayment in full before the scheduled date, and pre-
payment.
THE BORROWER ACKNO S RECEIPT OF AN EXACT COPY OF THIS STATEMENT.
STUDENT INSTITUTIONAL
BORROWER REPRESENTATIVE
DATE DATE 6 "1 - `"7
EXHIBIT "B"
-09
Promissorv Note-Federal Perkins Loan Program
[Any bracketed clause or paragraph may be included at option of institution.]
I, Scott D. McAuliffe ,promise topayto Dickinson College (hereinafter called the
Institution), located at Carlisle, PA 17013-2896 , the sum of the amounts that are advanced to me and endorsed in the
Schedule of Advances set forth below. I promise to pay all reasonable collection costs, including attorney fees and other charges, necessary for
the collection of any amount not paid when due.
I further understand and agree that:
1. Gene
(1) Applicable Law. All sums advanced under this note are drawn from a fund created under Part E of Title IV of the Higher Education Act
of 1965, as amended (hereinafter called the Act), and are subject to the Act and the Federal regulations issued under the Act. The terms of this
note shall be interpreted in accordance with the Act and Federal regulations, copies of which are to be kept by the Institution.
(2) Procedures for Receiving Deferment, Cancellation. or Forbearance. I understand that, to receive a deferment, cancellation, or
forbearance, I must request the deferment, cancellation, or forbearance in writing from the Institution and must submit to the Institution any
documentation required by the Institution to prove that I qualify for the deferment, cancellation, or forbearance. I further understand 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 lose my deferment, cancellation, and forbearance benefits if I fail to file my request on time.
II. Interest
Interest shall accrue from the beginning of the repayment period and shall be at the ANNUAL PERCENTAGE RATE OF FIVE PERCF.Nr
(5%) on the unpaid balance, except that no interest shall accrue during any deferment period described in Article VII.
M. Repayment
(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 date
I cease to be at least a half-time regular student at an institution of higher education, or at a comparable institution outside the United States
approved for this purpose by the United States Secretary of Education (hereinafter called the Secretary), and ending ten (10) years later, unless
that period is [shortened under paragraph III(5), or] extended under paragraphs III(4), III(7) (extensions), VII(I), or VII(3) (deferments).
(2) Upon my written request, the repayment period may start on a date earlier than the one indicated in paragraph m(1).
(3)(A) I promise to repay the principal and interest over the course of the repayment period in equal monthly, bimonthly, or quarterly
installments, as determined by the Institution. I understand that, if my installment payment for all the loans made to me by the Institution is not
a multiple of $5, the Institution may round that payment to the next highest dollar amount that is a multiple of $5.
(B) Notwithstanding paragraph III(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 M(l), 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.
1(5)(A) If the monthly rate that would be established under paragraph III(1), or the total monthly repayment rate of principal and interest on
all my Federal Perkins Loans, including this loan, is less than $40.00 per month, I shall repay the principal and interest on
this loan at the rate of $40.00 per month (which includes both principal and interest).
(5)(B) If I have received Federal Perkins Loans from other institutions and the total monthly repayment rate on those loans is less than
$40.00 the $40.00 monthly payment established under subparagraph III(5)(A) includes the amounts I owe
on all my outstanding Federal Perkins Loans, including those received from other institutions. The portion of the $40.00
monthly payment that will be applied to this loan will be the difference between $40.00 and the total of the amounts owed at a
monthly rate on my other Federal Perkins Loans.
(6) The Institution may permit me to pay less than the rate of $40.00 per month for a period of not more than one (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(1), if, in its opinion, circumstances such as prolonged illness or unemployment prevent me from making the scheduled repayments.
However, interest shall continue to accrue.
IV. Prepayment
(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 which the loan was made and the initial grace period ended, only thou amounts in excess
of the amount due for any repayment period shall be considered a prepayment.
(4) If, in an academic year other than the award year in which the loan was made, I repay more than the amount due for an installment, the
excess will be used to repay principal unless I 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, on or before the date on which payment is due, documentation that I qualify for a deferment,
cancellation, or forbearance as described in Articles VI, VII, VIII, IX, X, xt, XII, M, 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 1 of 4 Federal Perkins/July 1993
information.
(3) I understand that, if I default on my loan, the Institution may disclose that I have defaulted, along with other relevant information, to
credit bureau organizations.
(4) Further, I understand that, if I default on my loan and the loan 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) 1 understand that, if I default on my loan, I will lose my right to forbearance.
(6) 1 understand that, if I default on my loan, I will lose my right to defer repayments.
(7) 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, XII, XIII, or XIV performed after the date the Institution accelerated the loan.
(8) I understand that failure to pay this obligation under the terms agreed upon will prevent my obtaining additional student financial aid
authorized under Title W 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) 1 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 only, renewable at 12-month intervals, for a period not to exceed three years, if-
(A) My debt burden equals or exceeds 20 percent of my gross income; or
(B) The Institution determines that I qualify for other reasons.
VII. Deferment
(1) 1 understand that, upon making 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 as a regular student in at least a half-time course of study at an eligible institution;
(ii) Enrolled and in attendance as a regular student in a course of study that is part of a graduate fellowship program approved by the
Secretary;
(iii) Engaged in graduate or post-graduate fellowship-supported study (such 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 VIII, IX, X, XI, XII, XIII, 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 has caused or will cause me to have an economic hardship.
(2) 1 understand that I am not eligible for a deferment under paragraph (VII)(1)(A) while I am serving in a medical internship or residency
program.
(3) I understand that I may continue to defer making scheduled installment payments and will not be liable for any interest that might
otherwise accrue for a six (6) month period immediately following the expiration of any deferment provided in paragraph VII(I).
VIII. Teachine Cancellation
(I) 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 lom-
(A) As a full-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 I 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 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;
(B) As a full-time special education teacher (including teachers of infants, toddlers, children, or youth with disabilities) in a public or other
nonprofit elementary or secondary school 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 teaching 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
second complete academic years of that teaching service;
(B) 20 percent of the total principal amount of the loan plus interest on the unpaid balance accruing during that year for each of the third and
fourth complete academic years of that teaching service; and
(C) 30 percent of the total principal amount of the loan plus interest on the unpaid balance accruing during that year for the fifth complete
academic year of that teaching service.
IX. Head Start Cancellation
(1) 1 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 full 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 balance accruing
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. Military Cancellation
(1) I understand that, upon making a property documented written request to the Institution, I am entitled to have up to 50 percent of the
principal amount of this loan plus the interest thereon canceled if I serve as a member of the Armed Forces of the United States in an area of
hostilities that qualifies for special pay under section 310 of Title 37 of the United States Code.
(2) This loan will be canceled at the rate of 12 112 percent of the total principal amount of the loan plus interest on the unpaid balance
accruing during that year for each complete year of such qualifying service after the period for which I received the loan.
XI. Volunteer Service Cancellation
(1) 1 understand that, upon making 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 perform qualifying service after the period for which I received the loan-
(A) As a volunteer under the Peace Corps Act; or
(B) As a volunteer under the Domestic 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 accruing during that year for each of the first and
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 and
fourth twelve (12) month periods of volunteer service completed.
XIL Law Enforcement or Corrections Officer Cancellation
(1) 1 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 agency; or
(B) As a full-time corrections officer for service to an eligible local, State, or Federal corrections agency.
(2) A portion of this loan will be canceled for each completed year of law enforcement or corrections 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
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 each of the third and
fourth complete years of that service; and
(C) 30 percent of the total principal amount of the loan plus interest on the unpaid balance accruing during that year for the fifth complete
year of that service.
XM. 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 perform qualifying service after the period for which I received the loan as a full-time
nurse 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) 15 percent of the total principal amount of the loan plus interest on the unpaid balance accruing during that year for each of the first and
second complete years of that service;
(B) 20 percent of the total principal amount of the loan plus interest on the unpaid balance accruing during that year for each of the third and
fourth complete years of that service; and
(C) 30 percent of the total principal amount of the loan plus interest on the unpaid balance accruing during that year for the fifth complete
year of that service.
XIV. Child or Family Service Agency 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 interest thereon canceled if I perform qualifying service after the period for which I 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, services to
high-risk children who are from low-income communities and the families of such children.
(2) A portion of this loan will be canceled for each completed year of service at the 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
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 each of the third and
fourth complete years of that service; and
(C) 30 percent of the total principal amount of the loan plus interest on the unpaid balance accruing during that year for the fifth complete
year of that service.
XV. Death and Disability Cancellation
(1) In the event of my death, the 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. Change in Name, Address, Telenhone Number, or Social Security Number
I am responsible for informing the Institution of any change or changes in name, address, telephone number, or Social Security number.
Page 3 of 4 Federal Perkins/July 1993
XVIL Late Charee
(1) The Institution will impose slate charge if-
(A) I do not make a scheduled payment when it is due; and -
(B) I do not submit to the Immitution, on or before the date on which payment is due, documentation that I qualify for a deferment,
cancellation, or forbearance as described in Articles VI, VII, VIII, IX, X, XI, XII, XIII, or XIV of this agreement.
(2) No charge may exceed 20 percent of my monthly, bimonthly, or quarterly payment.
(3)(A) The Institution may-
(i) Add the late charge to the principal the day after the scheduled repayment was due; or
(ii) Include it with the next scheduled 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.
XVM. Assignment
(1) This note may be assigned by the Institution only to-
(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) Any holder of this loan is subject to all claims and defenses that I could assert against the Institution that made this loan; my recovery is
limited to the amount I repaid on this loan.
XIX. Prior Loans
I hereby certify that I have 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
XX. Schedule of Advances
The following amounts were advanced to me under this loan agreement on the date:
Amount Date
I $Ann nn 8/10/94
2
3 A1800.00 5%11195
4
NOTICE TO BORROWER: DO NOT SIGN THIS NOTE BEFORE YOU READ IT.
I UNDERSTAND AND AGREE TO ALL OF THE FOREGOING TERMS AND CONDITIONS.
i
[This note is sign as FJ?1, tru 1t I
signature 0b 7T / r(seal)]
Date U 19
Permanent Address (Street or Box Number, City, State, and Zip Code)
202 or, 6 y(a
Social Security Number (borrower must provide) C7 C J ?
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.1087dd)
Page 4 of 4 Federal Perkins/July 1993
Exhibit C
PERKINS (NDSL) TRUTH-IN-LENDING STATEMENT
DIMCINSON COLLEGE
Account Number 00273-000-00-2136-09
Name of Borrower Srntt David MrAnliffa
Address 207 Weaver Dr.
Pittsburgh, PA 15116
ANNUAL PERCENTAGE
RATE
The cost of your
credit as a yearly
rate.
Prior to During
repayment repayment
AMOUNT FINANCED
The amount of
credit provided
to you.
0 % 5 Z $ 800 00
Itemization of the Amount Financed: $ Ron no Amount given directly to you.
Late Charge: If a payment is late, you may be charged: $1.00 for the first
late payment, and $2.00 for each subsequent late payment if
this loan is payable monthly, $3.00 for each late payment if
this loan is payable bimonthly, $6.00 for each late payment
if this loan is payable quarterly.
Prepayment: If you pay off early, you will not have to pay a penalty.
See your promissory note for any additional information about nonpayment, de-
fault, any required repayment in full before the scheduled date, and pre-
payment.
THE BORROWS. AC&N WLE ES RECEIPT OF AN EXACT COPY OF THIS STATEMENT.
STUDENT INSTITUTIONAL ?j
BORROWER REPRESENTATIVE
J
DATE lU iL ?S DATE
EXHIBIT "C"
-09
Promissory Note-Federal Perkins Loan Program
[Any bracketed clause 01W?p,aragtaph may be included at option of institution.)
1 Scott MCAU I i ffe , promise to pay to Dickinson Co l l eae (hereinafter called the
Institution), located at Carlisle. PA 17013-2896 , the sum of the amounts that are advanced to me and endorsed in the
Schedule of Advances set forth below. I promise to pay all reasonable collection costs, including attorney fees and other charges, necessary for
the collection of any amount not paid when due.
I further understand and agree that:
1. Gene al
(1) Applicable Law. All sums advanced under this note are drawn from a fund created under Part E of Title IV of the Higher Education Act
of 1965, as amended (hereinafter called the Act), and are subject to the Act and the Federal regulations issued under the Act. The terms of this
note shall be interpreted in accordance with the Act and Federal regulations, copies of which are to be kept by the Institution.
(2) Procedures for Receiving Deferment, Cancellation, or Forbearance. I understand that, to receive a deferment, cancellation, or
forbearance, I must request the deferment, cancellation, or forbearance in writing from the Institution and must submit to the Institution any
documentation required by the Institution to prove that I qualify for the deferment, cancellation, or forbearance. I further understand 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 lose my deferment, cancellation, and forbearance benefits if I fail to file my request on time.
R. Interest
Interest shall accrue from the beginning of the repayment period and shall be at the ANNUAL PERCENTAGE RATE OF FIVE PERCENT
(5%) on the unpaid balance, except that no interest shall accrue during any deferment period described in Article VII.
M. Repayment
(1) 1 promise to repay the principal and the interest that accrues on it to the Institution over a period beginning nine (9) months after the date
I cease to be at least a half-time regular student at an institution of higher education, or at a comparable institution outside the United States
approved for this purpose by the United States Secretary of Education (hereinafter called the Secretary), and ending ten (10) years later, unless
that period is [shortened under paragraph III(5), or] extended under paragraphs III(4), III(7) (extensions), VII(I), or VII(3) (deferments),
(2) Upon my written request, the repayment period may start on a date earlier than the one 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
installments, as determined by the Institution. I understand that, if my installment payment for all the loans made to me by the Institution is not
a multiple of $5, the Institution may round that payment to the next highest dollar amount that is a multiple of $5.
(B) Notwithstanding paragraph III(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 III(1), 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.
[(5)(A) If the monthly rate that would be established under paragraph M(I), or the total monthly repayment rate of principal and interest on
all my Federal Perkins Loans, including this loan, is less than $40.00 per month, I shall repay the principal and interest on
this loan at the rate of $40.00 per month (which includes both principal and interest).
(5)(B) If I have received Federal Perkins Loans from other institutions and the total monthly repayment rate on those loans is less than
$40.00 the $40.00 monthly payment established under subparagraph III(5)(A) includes the amounts I owe
on all my outstanding Federal Perkins Loans, including those received from other institutions. The portion of the $40.00
monthly payment that will be applied to this loan will be the difference between $40.00 and the total of the amounts owed at a
monthly rate on my other Federal Perkins Loans.
(6) The Institution may permit me to pay less than the rate of $40.00 per month for a period of not more than one (1) year
where necessary to avoid hardship to me unless that action would extend the repayment period in paragraph M(1).1
(7) The Institution may, upon my written request, reduce any scheduled repayments or extend the repayment period indicated in paragraph
III(l), if, in its opinion, circumstances such as prolonged illness or unemployment prevent me from making the scheduled repayments.
However, interest shall continue to accrue.
W. Prepayment
(1) 1 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 which the loan was made and the initial grace period ended, only those amounts in excess
of the amount due for any repayment period shall be considered a prepayment.
(4) If, in an academic year other than the award year in which the loan was made, I repay more than the amount due for an installment, the
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, on or before the date on which payment is due, documentation that I qualify for a deferment,
cancellation, or forbearance as described in Articles VI, VII, VIII, IX, X, XI, XII, XIII, or XIV of this agreement.
(2) 1 understand that the Institution may disclose to credit bureau organizations the amount of loans made to me, along with other relevant
Page 1 of 4 Federal Perkins/July 1993
information.
(3) 1 understand that, if I default on my loan, the Institution
credit bureau reau organizations. may disclose that I have defaulted, along with other relevant information, to
(4) Further, I understand that, if I default on my loan and the loan 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.
(7) 1 understand that, if the Institution accelerates the loan under paragraph V(1), I will lose my right to receive a cancellation of a portion of
my loan for any service described in Articles VM, DC, X, Xi, XII, XIII, or XIV performed after the date the Institution accelerated the loan.
(8) 1 understand that failure to pay this obligation under the terms agreed upon will 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) 1 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 only, renewable at 12-month intervals, for a period not to exceed three years, if-
(A) My debt burden equals or exceeds 20 percent of my gross income; or
(B) The Institution determines that I qualify for other reasons.
VII. Deferment
(1) I understand that, upon making 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 as a regular student in at least a half-time course of study at an eligible institution;
(ii) Enrolled and in attendance as a regular student in a course of study that is part of a graduate fellowship program approved by the
Secretary;
(iii) Engaged in graduate or post-graduate fellowsbip-supported study (such 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 VIII, DC, X, XI, XII, XIII, 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 has caused or will cause me to have an economic hardship.
(2) I understand that I am not eligible for a deferment under paragraph (VII)(1)(A) while I am serving in a medical internship or residency
program.
(3) 1 understand that I may continue to defer making scheduled installment payments and will not be liable for any interest that might
otherwise accrue for a six (6) month period immediately following the expiration of any deferment provided in paragraph VII(I).
VIII. Teachine 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 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 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;
(B) As a full-time special education teacher (including teachers of infants, toddlers, children, or youth with disabilities) in a public or other
nonprofit elementary or secondary school 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 teaching 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
second complete academic years of that teaching service;
(B) 20 percent of the total principal amount of the loan plus interest on the unpaid balance accruing during that year for each of the third and
fourth complete academic years of that teaching service; and
(C) 30 percent of the total principal amount of the loan plus interest on the unpaid balance accruing during that year for the fifth complete
academic year of that teaching service.
IX Head Start Cancellation
(1) 1 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 full 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 balance accruing
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. Military Cancellation
(1) I understand that, upon making a properly documented written request to the Institution, I am entitled to have up to 50 percent of the
principal amount of this loan plus the interest thereon canceled if I serve as a member of the Armed Forces of the United States in an area of
hostilities that qualifies for special pay under section 310 of Title 37 of the United States Code.
(2) This loan will be canceled at the rate of 12 1/2 percent of the total principal amount of the loan plus interest on the unpaid balance
accruing during that year for each complete year of such qualifying service after the period for which I received the loan.
XI. Volunteer Service Cancellation
(1) I understand that, upon making a properly documented writtea 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 perform qualifying service after the period for which I received the loan-
(A) As a volunteer under the Peace Corps Act; or
(B) As a volunteer under the Domestic 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 accruing during that year for each of the first and
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 and
fourth twelve (12) month periods of volunteer service completed.
)M. Law Enforcement or Corrections Officer Cancellation
(1) 1 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 1 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 agency; or
(B) As a full-time corrections officer for service to an eligible local, State, or Federal corrections agency.
(2) A portion of this loan will be canceled for each completed year of law enforcement or corrections 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
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 each of the third and
fourth complete years of that service; and
(C) 30 percent of the total principal amount of the loan plus interest on the unpaid balance accruing during that year for the fifth complete
year of that service.
M. Nurm or Medical Technician Cancellation
(1) 1 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
nurse 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) 15 percent of the total principal amount of the loan plus interest on the unpaid balance accruing during that year for each of the first and
second complete years of that service;
(B) 20 percent of the total principal amount of the loan plus interest on the unpaid balance accruing during that year for each of the third and
fourth complete years of that service; and
(C) 30 percent of the total principal amount of the loan plus interest on the unpaid balance accruing during that year for the fifth complete
year of that service.
)IV. Child or Family Service Agency 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 interest thereon canceled if I perform qualifying service after the period for which I 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, services to
high-risk children who are from low-income communities and the families of such children.
(2) A portion of this loan will be canceled for each completed year of service at the 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
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 each of the third and
fourth complete years of that service; and
(C) 30 percent of the total principal amount of the loan plus interest on the unpaid balance accruing during that year for the fifth complete
year of that service.
XV. Death and Disability Cancellation
(1) In the event of my death, the 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. Change in Name, Address, Telephone Number, or Social Security Number
I am responsible for informing the Institution of any change or changes in name, address, telephone number, or Social Security number.
Page 3 of 4 Federal Perkins/July 1993
XVII. Late Charge
(1) The Institution will impose a: late charge if-
(A) I do not make a scheduled payment when it is due; and
(B) I do not submit to the Institution, on or before the date on which payment is due, documentation that I qualify for a deferment,
cancellation, or forbearance as described in Articles VI, VII, VIII, IX, X, XI, X11, XIII, or XIV of this agreement.
(2) No charge may exceed 20 percent of my monthly, bimonthly, or quarterly payment.
(3)(A) The Institution may-
(i) Add the late charge to the principal the day after the scheduled repayment was due; or
(ii) Include it with the next scheduled 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.
XVM. Assirttment
(1) This note may be assigned by the Institution only to-
(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) Any holder of this loan is subject to all claims and defenses that I could assert against the Institution that made this loan; my recovery is
limited to the amount I repaid on this loan.
XD(. Prior Loans
I hereby certify that I have 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
XX. Schedule of Advances
The following amounts were advanced to me under this loan agreement on the dates Indieg,,, 1
4
NOTICE TO BORROWER: DO NOT SIGN TWS NOTE BEFORE YOU READ IT.
Amount Date t f Bortower
! 54Q0.00 9-1-95 (? (
2 fi400.00 1-73-96
3
I UNDERSTAND AND AGREE TO OF TBE FOREGOING TERMS AND CONDITIONS.
['Ibis note is sign seal?ttts?? 16 nt.)
]] f(seapl
Signature
Date U .199(o
Permanent Address (Street or Box Number, City, State, and Zip Code)
:2-0-7 (,re fY A-t14-L P?? iA IffS
Social Security Number (borrower must provide) C1c1-7 `e - I D ?4 q
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.1087dd)
Page 4 of 4 Federal Perlonsauly 1993
VERIFICATION
I, THOMAS MEYER, Assistant Treasurer of Dickinson College, acknowledge that I have
the authority to execute this Verification on behalf of Dickinson College and certify that the
foregoing Complaint is based upon information which has been gathered by my counsel in the
preparation of this lawsuit. The language of this Complaint is that of counsel and not my own. I
have read the document and to the extent that this Complaint is based upon information which I have
given to my counsel, it is true and correct and to the best of my knowledge, information and belief.
To the extent that the content of this Complaint is that of counsel, I have relied upon counsel in
making this Verification.
This statement and Verification are made subject to the penalties of 18 Pa. C.S. § 4904
relating to unsworn falsification to authorities, which provides that if I knowingly make false
averments, I may be subject to criminal penalties.
Dickinson College
e?
Thomas Meyer
Assistant Treasu of Dickinson College
Dated: l /N/1)5
F.\FILES\DATAFILE\Dickins n College 7619\DickinsonCollegeCollcctions7619C\Documents\186.wm
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F TILES\DATAFILE\Dickineon College 7619\DickineonColle eCollecuon17619CDocame.M\101WalM.i
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7619C.101
DICKINSON COLLEGE,
Plaintiff
V.
SCOTT D. McAULIFFE
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 03- J a83
CIVIL ACTION-LAW
JURY TRIAL OF TWELVE DEMANDED
PRAECIPE TO REINSTATE COMPLAINT
TO THE PROTHONOTARY OF CUMBERLAND COUNTY:
Please reinstate the Complaint in the above-captioned matter.
MARTSON DEARDORff WILLIAMS & OTTO
By ?
DaviffR.Galloway, Esquire
I. D. Number 87326
Ten East High Street
Carlisle, PA 17013
(717) 243-3341
Date: September 23, 2003 Attorneys for Plaintiff
'?
z; n- :?
rr; , ,,
?r.
,?
'?
-. .a
CERTIFICATE
PREREQUISITE TO SERVICE OF A SUBPOENA
PURSUANT TO RULE 4009.22
IN THE MATTER OF: COURT OF COMMON PLEAS
GRUBBS WILSON TERM,
-vs- CASE NO: 02-3283
SHERIFF & HYUNDAI
As a prerequisite to service of a subpoena for documents and things pursuant
to Rule 4009.22
MCS on behalf of WILLIAM J. WRABLEY, III ESQ
certifies that
(1) A notice of intent to serve the subpoena with a copy of the subpoena
attached thereto was mailed or delivered to each party at least
twenty days prior to the date on which the subpoena is sought to be
served,
(2) A copy of the notice of intent, including the proposed subpoena, is
attached to this certificate,
(3) No objection to the subpoena has been received, and
(4) The subpoena which will be served is identical to the subpoena which
is attached to the notice of intent to serve the subpoena.
DATE: 11/20/2003
MPS on haZiBLEY, f
LLIAM J. III./
Attorney IV DEFENDANT'-G
DE11-458974 3 5 1 1 3- 1, 0 1
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
GRUBBS WILSON
vs.
File No. 02-3223
SHERIFF & HYUNDAI
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
FOR DISCOVERY PURSUANT TO RULE 4009.22
TO: Custodian of Records for CARLISLE HOSPITAL
(Name of Person or Entity)
Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following
documents or things: **** SEE ATTACHED RIDER ****
at The M ro n Inc . 1601 Market S r et Suite U0 Philadelilhia PA 1910
You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together
with the certificate of compliance, to the party making this request at the address listed above. You have the right
to seek, in advance, the reasonable cost of preparing the copies or producing the things sought.
If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service,
the party serving this subpoena may seek a court order compelling you to comply with it.
THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON:
NAME: WILLIAM J WRABLEY III ESO
ADDRESS: 1265 DR 1MM RS LAN_ E
SIZTE 200
AYNE PA 19087
TELEPHONE: W 05) 246-0900
SUPREME COURT ID #:
ATTORNEY FOR: Defendant
NOV 2 0 2003
Date: - s ?-i a 6G 3
BY COURT:
Prothonotary/Clerk, Civil Divisio
Deputy
Seal of the Court
EXPLANATION OF REQUIRED RECORDS
TO: CUSTODIAN OF RECORDS FOR:
CARLISLE HOSPITAL
P.O. BOX 310
246 PARKER STREET
CARLISLE, PA 17013
RE: 35113
KATIE J. GRUBBS WILSON
Please call for prior approval for fees in excess of $100.00 for hospitals,
$50.00 for all other providers.
Entire hospital medical file, including but not limited to any and all records,
correspondence to and from the consulting and/or treating physician, files,
memoranda, handwritten notes, history and physical reports, medication/
prescription records, nurse's notes, doctor's comments, dietary restrictions,
and all patient consent or refusal of treatment, procedures, test, and/or
medication, lab and diagnostic test results, including any and all such items
as may be stored in a computer database or otherwise in electronic form,
relating to any examination, consultation, diagnosis, care, treatment,
admission, discharge, or emergency care pertaining to:
Dates Requested: up to and including the present.
Subject : KATIE J. GRUBBS WILSON
10 PARK STREET, MOUNT HOLLY SPRING, PA 17065
Social Security !/: 190-68-7641
Date of Birth: 10-01-1978
SU10-472312 3 5 1 1 3- L 0 a.
CERTIFICATE
PREREQUISITE TO SERVICE OF A SUBPOENA
PURSUANT TO RULE 4009.22
IN THE MATTER OF: COURT OF COMMON PLEAS
GRUBBS WILSON
TERM,
-vs- CASE NO: 02-3283
SHERIFF & HYUNDAI
As a prerequisite to service of a subpoena for documents and things pursuant
to Rule 4009.22
MCS on behalf of WILLIAM J. WRABLEY, III ESQ
certifies that
(1) A notice of intent to serve the subpoena with a copy of the subpoena
attached thereto was mailed or delivered to each party at least
twenty days prior to the date on which the subpoena is sought to be
served,
(2) A copy of the notice of intent, including the proposed subpoena, is
attached to this certificate,
(3) No objection to the subpoena has been received, and
(4) The subpoena which will be served is identical to the subpoena which
is attached to the notice of intent to serve the subpoena.
MCS on behalf of
DATE: 11/20/2003 WILLIAM J. WRABLEY, III, ESQ
Attorney for DEFENDANT
DE11-458975 35a.13-I,02
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
GRUBBS WILSON
vs.
File No. 02-3283
SHERIFF & HYUNDAI
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
FOR DISCOVERY PURSUANT TO RULE 4009.22
TO: Custodian of Records for CARLISLE HOSPITAL
(Name of Person or Entity)
Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following
documents or things: **_ ** SEE ATTACHED RIDER****
at The MC'S ro n In 1601 Market trt SLlte 800 Philadelphia PA 1910
You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together
with the certificate of compliance, to the party making this request at the address listed above. You have the right
to seek, in advance, the reasonable cost of preparing the copies or producing the things sought.
If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service,
the party serving this subpoena may seek a court order compelling you to comply with it.
THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON:
NAME: _WILLIAM J WRABLEY III ESO
ADDRESS: -U65 DRUMMER LANE
SUITE 200
WAYNE PA 19087
TELEPHONE: (2151246-0900
SUPREME COURT ID #:
ATTORNEY FOR: Defendant
NOV 2 0 2003
Date: (JCL ?T( 106) r,
BY THE COURT:
Prothonotary/Clerk, VCiDi on
Deputy
Seal of the Court
EXPLANATION OF REQUIRED RECORDS
TO: CUSTODIAN OF RECORDS FOR:
CARLISLE HOSPITAL
P.O. BOX 310
246 PARKER STREET
CARLISLE, PA 17013
RE: 35113
KATIE J. GRUBBS WILSON
Please call for prior approval for fees in excess of $100.00 for hospitals,
$50.00 for all other providers.
Any and all x-ray films and reports, including any and all such items as may
be stored in a computer database or otherwise in electronic form,
pertaining to:
Dates Requested: up to and including the present.
Subject : KATIE J. GRUBBS WILSON
10 PARK STREET, MOUNT HOLLY SPRING, PA 17065
Social Security #: 190-68-7641
Date of Birth: 10-01-1978
SU10-472314 3 5 1 1 3- 1, 0 2
CERTIFICATE
PREREQUISITE TO SERVICE OF A SUBPOENA
PURSUANT TO RULE 4009.22
IN THE MATTER OF: COURT OF COMMON PLEAS
GRUBBS WILSON
TERM,
-vs- CASE NO: 02-3283
SHERIFF & HYUNDAI
As a prerequisite to service of a subpoena for documents and things pursuant
to Rule 4009.22
MCS on behalf of WILLIAM J. WRABLEY, III ESQ
certifies that
(1) A notice of intent to serve the subpoena with a copy of the subpoena
attached thereto was mailed or delivered to each party at least
twenty days prior to the date on which the subpoena is sought to be
served,
(2) A copy of the notice of intent, including the proposed subpoena, is
attached to this certificate,
(3) No objection to the subpoena has been received, and
(4) The subpoena which will be served is identical to the subpoena which
is attached to the notice of intent to serve the subpoena.
MCS on behalf of
DATE: 11/20/2003 WILLIAM J. WRABLEY, III ESQ
Attorney for DEFENDANT
DE11-458976 3 5 1 1 3- 1, 0 3
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
GRUBBS WILSON
vs.
File No. 02-3283
SHERIFF & HYUNDAI
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
FOR DISCOVERY PURSUANT TO RULE 4009.22
TO: Custodian of Records for M T I IFF I NSI m ONCE POLICY
(Name of Person or Entity)
Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following
documents or things: **** SEE ATTACHED RIDER ****
at The MCS Grou I 1601 Market t it 800 Philad hia PA 1910
You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together
with the certificate of compliance, to the party making this request at the address listed above. You have the right
to seek, in advance, the reasonable cost of preparing the copies or producing the things sought.
If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service,
the party serving this subpoena may seek a court order compelling you to comply with it.
THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON:
NAME: WILLIAM J WRABLEY III ESO
ADDRESS: -1265 DRUMMERS T ANF
SUITE 200
WAYNF PA 19087
TELEPHONE: QI5) 246-0900
SUPREME COURT ID #:
ATTORNEY FOR: f ndant
NOV 2 0 2003
Date: f Q ?t ? Get ?
BY THE COURT:
Prothonotary/Clerk, Civil Div' ' n
Q r-
Deputy
Seal of the Court
EXPLANATION OF REQUIRED RECORDS
TO: CUSTODIAN OF RECORDS FOR:
MET LIFE INSURANCE POLICY
785 5TH AVE
CHAMBERSBURG, PA 17201
RE: 35113
KATIE J. GRUBBS WILSON
POLICY #002-99-1922-0
Please call for prior approval for fees in excess of $100.00 for hospitals,
$50.00 for all other providers.
Any and all insurance records and PIP files, including but not limited to
medical reports and/or records, claims, any and all correspondence,
documentation supporting plaintiff's claim, payments including dates of
payments, payee and reasons for payments, including any and all such items
as maybe stored in a computer database or otherwise in electronic form,
Pertaining to:
Dates Requested: up to and including the present.
Subject : KATIE J. GRUBBS WILSON
10 PARK STREET, MOUNT HOLLY SPRING, PA 17065
Social Security #: 190-68-7641
Date of Birth: 10-01-1978
SU10-472316 3 S 1 1 3- L 0 3
CERTIFICATE
PREREQUISITE TO SERVICE OF A SUBPOENA
PURSUANT TO RULE 4009.22
IN THE MATTER OF:
COURT OF COMMON PLEAS
GRUBBS WILSON
TERM,
-VS-
CASE N0: 02-3283
SHERIFF & HYUNDAI
As a prerequisite to service of a subpoena for documents and things pursuant
to Rule 4009.22
MCS on behalf of WILLIAM J. WRABLEY, III, ESQ.
certifies that
(1) A notice of intent to serve the subpoena with a copy of the subpoena
attached thereto was mailed or delivered to each party at least
twenty days prior to the date on which the subpoena is sought to be
served,
(2) A copy of the notice of intent, including the proposed subpoena, is
attached to this certificate,
(3) No objection to the subpoena has been received, and
(4) The subpoena which will be served is identical to the subpoena which
is attached to the notice of intent to serve the subpoena.
MCS on behalf of
DATE: 11/20/2003 WILLIAM J. WRABLEY, III, ESQ.
Attorney for DEFENDANT
DE11-458977 3 S 1 1 3- L 0 4
COMMONWEALTH OF P E NN S Y L VAN 2 A
COUNTY OF C UMBER LAN D
IN THE MATTER OF:
COURT OF COMMON PLEAS
GRUBBS WILSON
-VS-
SHERIFF & HYUNDAI
A
CARLISLE HOSPITAL MEDICAL RECORDS
CARLISLE HOSPITAL X-RAY ONLY
MET LIFE INSURANCE POLICY INSURANCE
B. DALTON BOOKSELLERS EMPLOYMENT
B. DALTON BOOKSELLERS EMPLOYMENT
SHS TEMPS EMPLOYMENT
YELLOW BREECHES EMS MEDICAL RECORDS
TERM,
CASE NO: 02-3283
TO: MARCUS MCKNIGHT, ESQ.
MCS on behalf of WILLIAM J. WRABLEY, III ESQ intends to serve a subpoena
identical to the one that is attached to this notice. You have twenty (20)
days from the date listed below in which to file of record and serve upon the
undersigned an objection to the subpoena. If the twenty day notice period is
waived or if no objection is made, then the subpoena may be served. Complete
copies of any reproduced records may be ordered at your expense by completing
the attached counsel card and returning same to MCS or by contacting our local
MCS office.
DATE: 10/31/2003
MCS on behalf of
CC: WILLIAM J_ WRABLEY, III, ESQ. - 5834-378
Any questions regarding this matter, contact
WILLIAM J. WRABLEY, III, ESQ.
Attorney for DEFENDANT
THE MCS GROUP INC.
1601 MARKET STREET
#800
PHILADELPHIA, PA 19103
(215) 246-0900
DE02-246687 3 5 1 1 3-CO I
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
GRUBBS WILSON
vs.
File No. 02-3283
SHERIFF & HYUNDAI
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
FOR DISCOVERY PURSUANT TO RULE 4009.22
TO: Custodian of Records for B. DALTON BOOK CFt T E e
(Name of Person or Entity)
Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following
documents or things:_ **** S ATTACHED RIDER ****
at
You may deliver or mail legible copies of the documents or produce things requested by this sYoubupoena, together
with the certificate of compliance, to the party making this request at the address listed above. have the right
to seek, in advance, the reasonable cost of preparing the copies or producing the things sought.
If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service,
the party serving this subpoena may seek a court order compelling you to comply with it.
THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON:
NAME: WILLIAM J. WRABLEY III ESO
ADDRESS: 1265 DRi1MMFUe r e c
-SUITE 200
WAYNR PA 19087
TELEPHONE: (2 1 51 246-0900
SUPREME COURT ID #:
ATTORNEY FOR: Offfe dant
NOV 2 0 2003
Date:
Seal of the Court
BY THE COURT:
Prothonotary/Clerk, Civil Divi
Deputy
35113-04
EXPLANATION OF REQUIRED RECORDS
TO: CUSTODIAN OF RECORDS FOR:
B. DALTON BOOKSELLERS
STRAWBERRY SQUARE
HARRISBURG, PA 17101
RE: 35113
KATIE J. GRUBBS WILSON
Please call for prior approval for fees in excess of $100.00 for hospitals,
$50.00 for all other providers.
Any and all employment records, applications, files, memoranda, compensation,
time and attendance records, personnel records, payroll and salary reports and
all medical records as an employee, including any and all such items as may be
stored in a computer database or otherwise in electronic form, pertaining to:
Dates Requested: up to and including the present.
Subject : KATIE J. GRiJBBS WILSON
10 PARK STREET, MOUNT HOLLY SPRING, PA 17065
Social Security #: 190-68-7641
Date of Birth: 10-01-1978
SU10-472318 3 5 1 1 3- 1, 0 4
CERTIFICATE
PREREQUISITE TO SERVICE OF A SUBPOENA
PURSUANT TO RULE 4009.22
IN THE MATTER OF:
COURT OF COMMON PLEAS
GRUBBS WILSON
TERM,
-VS- CASE NO: 02-3283
SHERIFF & HYUNDAI
As a prerequisite to service of a subpoena for documents and things pursuant
to Rule 4009.22
MCS on behalf of WILLIAM J. WRABLEY, III, ESQ.
certifies that
(1) A notice of intent to serve the subpoena with a copy of the subpoena
attached thereto was mailed or delivered to each party at least
twenty days prior to the date on which the subpoena is sought to be
served,
(2) A copy of the notice of intent, including the proposed subpoena, is
attached to this certificate,
(3) No objection to the subpoena has been received, and
(4) The subpoena which will be served is identical to the subpoena which
is attached to the notice of intent to serve the subpoena.
MCS on behalf of
DATE: 11/20/2003 WILLIAM J. WRABLEY, III, ESQ.
Attorney for DEFENDANT
DE11-458978 3 5 1 1 3- L 0 5
COMMONWEALTH OF P E NN S Y L VAN T A
COUNTY OF C UM S E R LAN D
IN THE MATTER OF:
GRUBBS WILSON
-VS-
SHERIFF & HYUNDAI
A
CARLISLE HOSPITAL MEDICAL RECORDS
CARLISLE HOSPITAL X-RAY ONLY
MET LIFE INSURANCE POLICY INSURANCE
B. DALTON BOOKSELLERS EMPLOYMENT
B. DALTON BOOKSELLERS EMPLOYMENT
SHS TEMPS EMPLOYMENT
YELLOW BREECHES EMS MEDICAL RECORDS
COURT OF COMMON PLEAS
TERM,
CASE NO: 02-3283
TO: MARCUS MCKNIGHT, ESQ.
MCS on behalf of WILLIAM J. WRABLEY III ESQ intends to serve a subpoena
identical to the one that is attached to this notice. You have twenty (20)
days from the date listed below in which to file of record and serve upon the
undersigned an objection to the subpoena. If the twenty day notice period is
waived or if no objection is made, then the subpoena may be served. Complete
copies of any reproduced records may be ordered at your expense by completing
the attached counsel card and returning same to MCS or by contacting our local
MCS office.
DATE: 10/31/2003
MCS on behalf of
CC: WILLIAM J. WRABLEY, III, ESQ. - 5834-378
Any questions regarding this matter, contact
WILLIAM J. WRABLEY, III, ESQ.
Attorney for DEFENDANT
THE MCS GROUP INC.
1601 MARKET STREET
#800
PHILADELPHIA, PA 19103
(215) 246-0900
DE02-246687 :353-3-:3-C!03-
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
GRUBBS WILSON
vs.
File No. _ 02-3283
SHERIFF & HYUNDAI
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
FOR DISCOVERY PURSUANT TO RULE 4009.22
TO: Custodian of Records for B DAL TON BOOKSELLERS
(Name of Person or Entity)
Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following
documents or things: **** SFE ATTACHED RIDER ****
at
You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together
with the certificate of compliance, to the party making this request at the address listed above. You have the right
to seek, in advance, the reasonable cost of preparing the copies or producing the things sought.
If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service,
the party serving this subpoena may seek a court order compelling you to comply with it.
THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON:
NAME: WILLIAM J WRABLEY, III ESO
ADDRESS: -265 DR IMMER LANE
SUITE 200
WAYNE. PA 19087
TELEPHONE: 12151246-0900
SUPREME COURT ID #:
ATTORNEY FOR: D f .n ant
NOV 2 0 2003
Date: _Ll:i ') q '2 I
Sea] of the Court
BY E COURT:
Prothonotary/Clerk, Civil ivisio
Deputy
I C111 A.,
EXPLANATION OF REQUIRED RECORDS
TO: CUSTODIAN OF RECORDS FOR:
B. DALTON BOOKSELLERS
CARLISLE PLAZA MALL
CARLISLE, PA 17013
RE: 35113
KATIE J. GRUBBS WILSON
Please call for prior approval for fees in excess of $100.00 for hospitals,
$50.00 for all other providers.
Any and all employment records, applications, files, memoranda, compensation,
time and attendance records, personnel records, payroll and salary reports and
all medical records as an employee, including any and all such items as may be
stored in a computer database or otherwise in electronic form, pertaining to:
Dates Requested: up to and including the present.
Subject : KATIE J. GRUBBS WILSON
10 PARK STREET, MOUNT HOLLY SPRING, PA 17065
Social Security 1f: 190-68-7641
Date of Birth: 10-01-1978
SU10-472320 3 5 1 1 3- L 0 5
CERTIFICATE
PREREQUISITE TO SERVICE OF A SUBPOENA
PURSUANT TO RULE 4009.22
IN THE MATTER OF:
COURT OF COMMON PLEAS
GRUBBS WILSON
TERM,
-VS- CASE NO: 02-3283
SHERIFF & HYUNDAI
As a prerequisite to service of a subpoena for documents and things pursuant
to Rule 4009.22
MCS on behalf of WILLIAM J. WRABLEY, III, ESQ.
certifies that
(1) A notice of intent to serve the subpoena with a copy of the subpoena
attached thereto was mailed or delivered to each party at least
twenty days prior to the date on which the subpoena is sought to be
served,
(2) A copy of the notice of intent, including the proposed subpoena, is
attached to this certificate,
(3) No objection to the subpoena has been received, and
(4) The subpoena which will be served is identical to the subpoena which
is attached to the notice of intent to serve the subpoena.
MCS on behalf of
DATE: 11/20/2003 WILLIAM J. WRABLEY, III, ESQ.
Attorney for DEFENDANT
DE11-458979 353-13-L 06
COMMON W E AL 17H OP P E XW S Y L VAN 2 A
COUNTY OP CUMBER LAND
IN THE MATTER OF:
COURT OF COMMON PLEAS
GRUBBS WILSON
-VS-
SHERIFF & HYUNDAI
OF
CARLISLE HOSPITAL
CARLISLE HOSPITAL
MET LIFE INSURANCE POLICY
B. DALTON BOOKSELLERS
B. DALTON BOOKSELLERS
SHS TEMPS
YELLOW BREECHES EMS
MEDICAL RECORDS
X-RAY ONLY
INSURANCE
EMPLOYMENT
EMPLOYMENT
EMPLOYMENT
MEDICAL RECORDS
TERM,
CASE NO: 02-3283
TO: MARCUS MCKNIGHT, ESQ.
MCS on behalf of WILLIAM J. WRABLEY, III ESQ intends to serve a subpoena
to the one that is attached to this
identical notice. You have twenty (20)
days from the date listed below in which to file of record and serve upon the
undersigned an objection to the subpoena. If the twenty day notice period is
waived or if no objection is made, then the subpoena may be served. Complete
copies of any reproduced records may be ordered at your expense by completing
the attached counsel card and returning same to MCS or by contacting our local
MCS office.
DATE: 10/31/2003
MCS on behalf of
CC: WILLIAM J. NRABLEY, III, ESQ. - 5834-378
Any questions regarding this matter, contact
WILLIAM J. WRABLEY, III, ESQ.
Attorney for DEFENDANT
THE MCS GROUP INC.
1601 MARKET STREET
#800
PHILADELPHIA, PA 19103
(215) 246-0900
DE02-246687 3 5 1 1 3- C 0 1
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
GRUBBS WILSON
vs.
File No. 02-3283
SHERIFF & HYUNDAI
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
FOR DISCOVERY PURSUANT TO RULE 4009.22
TO: Custodian of Records for SHS TEMPS
(Name of Person or Entity)
Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following
documents or things:-**** SEE ATTACH FD RIDER ****
at
You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together
with the certificate of compliance, to the party making this request at the address listed above. You have the right
to seek, in advance, the reasonable cost of preparing the copies or producing the things sought.
If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service,
the party serving this subpoena may seek a court order compelling you to comply with it.
THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON:
NAME: WILLIAM J. WRABLEY III ESO
ADDRESS: 1265 DRT TM ??r
SUITE 200
WAYNF PA 19087
TELEPHONE: (215) 246-0900
SUPREME COURT ID #:
ATTORNEY FOR: Defendant
NOV 2 0 2003
Date:
Sea] of the Court
BY THE i8zCe?0
Prothoonno-tary/Clerk, Civil D-iiviisiop?J
Deputy
35111-or
EXPLANATION OF REQUIRED RECORDS
TO: CUSTODIAN OF RECORDS FOR:
SHS TEMPS
717 WALNUT STREET
HARRISBURG, PA 17109
RE: 35113
KATIE J. GRUBBS WILSON
Please call for prior approval for fees in excess of $100.00 for hospitals,
$50.00 for all other providers.
Any and all employment records, applications, files, memoranda, compensation,
time and attendance records, personnel records, payroll and salary reports and
all medical records as an employee, including any and all such items as may be
stored in a computer database or otherwise in electronic form, pertaining to:
Dates Requested: up to and including the present.
Subject : KATIE J. GRUBBS WILSON
10 PARK STREET, MOUNT HOLLY SPRING, PA 17065
Social Security #: 190-68-7641
Date of Birth: 10-01-1978
SU10-472322 3 S 1 1 3- L 0 6
CERTIFICATE
PREREQUISITE TO SERVICE OF A SUBPOENA
PURSUANT TO RULE 4009.22
IN THE MATTER OF:
COURT OF COMMON PLEAS
GRUBBS WILSON
TERM,
-vs- CASE NO: 02-3283
SHERIFF & HYUNDAI
As a prerequisite to service of a subpoena for documents and things pursuant
to Rule 4009.22
MCS on behalf of WILLIAM J. WRABLEY, III, ESQ.
certifies that
(1) A notice of intent to serve the subpoena with a copy of the subpoena
attached thereto was mailed or delivered to each party at least
twenty days prior to the date on which the subpoena is sought to be
served,
(2) A copy of the notice of intent, including the proposed subpoena, is
attached to this certificate,
(3) No objection to the subpoena has been received, and
(4) The subpoena which will be served is identical to the subpoena which
is attached to the notice of intent to serve the subpoena.
MCS on behalf of
DATE: 11/20/2003 WILLIAM J. WRABLEY, III, ESQ.
Attorney for DEFENDANT
DE11-458980 3 5 1 1 3- 1,0 7
COMMONWEALTH OF P E NN S Y L VAN T A
COUNTY OF CUMBER LAN D
IN THE MATTER OF: COURT OF COMMON PLEAS
GRUBBS WILSON
-VS-
SHERIFF & HYUNDAI
NOTICE OF INTENT TO SERVE A
CARLISLE HOSPITAL
CARLISLE HOSPITAL
MET LIFE INSURANCE POLICY
B. DALTON BOOKSELLERS
B. DALTON BOOKSELLERS
SHS TEMPS
YELLOW BREECHES EMS
MEDICAL RECORDS
X-RAY ONLY
INSURANCE
EMPLOYMENT
EMPLOYMENT
EMPLOYMENT
MEDICAL RECORDS
TERM,
CASE NO: 02-3283
TO: MARCUS MCKNIGHT, ESQ.
MCS on behalf of WILLIAM J. WRABLEY, III, ESQ intends to serve a subpoena
identical to the one that is attached to this notice. You have twenty (20)
days from the date listed below in which to file of record and serve upon the
undersigned an objection to the subpoena. If the twenty day notice period is
waived or if no objection is made, then the subpoena may be served. Complete
copies of any reproduced records may be ordered at your expense by completing
the attached counsel card and returning same to MCS or by contacting our local
MCS office.
DATE: 10/31/2003
MCS on behalf of
CC: WILLIAM J. WRABLEY, III, ESQ. - 5834-378
Any questions regarding this matter, contact
WILLIAM J. WRABLEY, III ESQ
Attorney for DEFENDANT
THE MCS GROUP INC.
1601 MARKET STREET
#800.
PHILADELPHIA, PA 19103
(215) 246-0900
DE02-246687 3 5 1 1 3- C 0 1
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
GRUBBS WILSON
vs.
File No. 02-3283
SHERIFF & HYUNDAI
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
FOR DISCOVERY PURSUANT TO RULE 4009.22
TO: Custodian of Records for YELLOW BREECHES FM
(Name of Person or Entity)
Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following
documents or things:- **** SEE ATTACHED RIDER ****
at MCS Group. Inc 1601 Market Street Suit 800 Philad ]nhia PA 1910
You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together
with the certificate of compliance, to the party making this request at the address listed above. You have the right
to seek, in advance, the reasonable cost of preparing the copies or producing the things sought.
If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service,
the party serving this subpoena may seek a court order compelling you to comply with it.
THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON:
NAME: WILLIAM J. WRABLEY III ESO
ADDRESS: 1265 DRUMMERS AN_ F
S 11T 200
WA . PA 19087
TELEPHONE: 1215) 246-0900
SUPREME COURT ID #:
ATTORNEY FOR: Defendant
NOV 2 0 2003
Date: _ -1 -q
Seal of the Court
BY T$E COURT:
Prothonotary/Clerk, Civil Division
eputy
35113-07
EXPLANATION OF REQUIRED RECORDS
TO: CUSTODIAN OF RECORDS FOR:
YELLOW BREECHES EMS
321 WALNUT ST.
CARLISLE, PA 17013
RE: 35113
KATIE J. GRUBBS WILSON
Please call for prior approval for fees in excess of $100.00 for hospitals,
$50.00 for all other providers.
Entire medical file, including but not limited to any and all records,
correspondence to and from the consulting and treating physicians, files,
memoranda, handwritten notes, history and physical reports, medication/
prescription records, including any and all such items as may be stored in a
computer database or otherwise in electronic form, relating to any examination,
diagnosis or treatment pertaining to:
Dates Requested: up to and including the present.
Subject : KATIE J. GRUBBS WILSON
10 PARK STREET, MOUNT HOLLY SPRING, PA 17065
Social Security #: 190-68-7641
Date of Birth: 10-01-1978
SU10-472324 3 5 1 1 3- L 0 7
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DICKINSON COLLEGE, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. NO. 03-3283
SCOTT D. McAULIFFE CIVIL ACTION-LAW
Defendant : JURY TRIAL OF TWELVE DEMANDED
PRAECIPE
TO THE PROTHONOTARY OF CUMBERLAND COUNTY:
Please file with the record the attached Affidavit of Diligent Search.
MARTSON
David R. Gallowa ,
Ten East High Street
Carlisle, PA 17013
(717) 243-3341
WILLIAMS & OTTO
Date: March 10, 2003 Attorneys for Plaintiff
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DEFENDANTS
CIVIL ACTION NO. D
. AFFIDAVIT OF 4FHVrrE
GEORGIA, FULTON COUNTY.
Personally appeared before the undersigned attesting authority,
deposes and says:
who after being duly sworn, on oath,
Deponent is a Deputy Sheriff of Fulton County, Georgia and did
on the day of
19 serve a
summons/complaint/subpeona in the above styled case upon
(personally)/(as registered agent) for
b tlea i?g with
Sworn to and subscribed before me, this _
day of
19 ?.
NOTARY PUBLIC
Deputy Sheriff of Fulton County, Georgia
(seal)
... 56111-793
of the ?:.l.riff
on County Georgia
CIVIL ACTION NO. 03-7z?
AFFIAVOF nTT T(`FNADIT" TU KU
GEORGIA, FULT COUNTY.
Pers ly ap a qre the undersigned attesting author i
who after being duly swor '
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oath, deposes and says:
Depo is uty Sheriff of Ful?t/o/n'County, Georgia and on the _---
Q . 19__-- Cas unable to serve a summons
day of
,__?_,..:...f?„hnanna in.the above styled case upon ?
Sworn to and subscribed before me, this -L& n
day of ?A? as3
NOTARY PUBLIC
NDtWy quMc+fdwn CwntY, G90fQ'd
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7619c.186
DICKINSON COLLEGE, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
v NO. 03-3283
CIVIL ACTION-LAW
SCOTT D. McAULIFFE
Defendant JURY TRIAL OF TWELVE DEMANDED
PRAECIPE
TO THE PROTHONOTARY OF CUMBERLAND COUNTY:
Please reinstate the attached Complaint against Defendant Scott D. McAuliffe in the above-
captioned action and return same to the undersigned for service.
MARTSON
By ?
David R. Galloway,
-------------
Ten East High Street
Carlisle, PA 17013
(717) 243-3341
WILLIAMS & OTTO
Date: March 10, 2004 Attorneys for Plaintiff
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7619c.186
DICKINSON COLLEGE,
Plaintiff
V.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 03-3283
CIVIL ACTION-LAW
SCOTT D. McAULIFFE
Defendant JURY TRIAL OF TWELVE DEMANDED
PRAECIPE
TO THE PROTHONOTARY OF CUMBERLAND COUNTY:
Please reinstate the attached Complaint against Defendant Scott D. McAuliffe in the above-
captioned action and return same to the undersigned for service.
MARTSON
By
Ten East High Street
Carlisle, PA 17013
(717) 243-3341
WILLIAMS & OTTO
Date: August 26, 2004 Attorneys for Plaintiff
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1619c 186
DICKINSON COLLEGE,
Plaintiff
V.
SCOTT D. MCAULIFFE,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY. PENNSYLVANIA
NO. 03-3283
CIVIL ACTION-LAW
JURY TRIAL OF TWELVE DEMANDED
PRAECIPE TO DOCUMENT SERVICE AND COST OF SERVICE
PURSUANT TO THE PENNSYLVANIA LONG ARM STATUTE
Attached is the Affidavit of Service signed and dated September 7, 2004. The Fulton County,
GA Sheriffs Office cost of service was $28.00.
MARTSON
WILLIAMS & OTTO
David R. Galloway, Esquire
I.D. No. 87326
Ten East High Street
Carlisle, PA 17013-3093
(717) 243-3341
Date: Attorneys for Plaintiff
JACQUELYN H.BARRETT
.r1n tfiE cSu?iealoz. eouzt o f ?}ucton eouraty
cState of OEoz9La
cl) i , Li&u5on `ri
PLAINTIFF(S)
VS
DEFENDANTS
CIVIL ACTION NO. -S.G03
AFFIDAVIT OF SERVICE
GEORGIA, FULTON COUNTY.
Personally appeared before the undersigned attesting authority,
001/G y 2??" who after being duly sworn, on oath,
deposes and says:
Dep?o?/neent is a Deputy Sheriff of Fulton County, Georgia and did
on the //? J day of _ -, 19a 'V-, serve a
summons/complaint?/ssubpeona in the above styled case upon
GAL ?E r //'T?ri (personally)/(as registered agent) for //yyam.
fTTG
D' 8 1-'Aal i' a by leaving with&-U'e'll
I at ? ti, e. ?tilT 0 b 4-4?1 ?"A ---31An ; _
Sworn to and s bscri before me, this Y
day of 3?Z5(
?W%'er
Deputy Sheriff of Fulton County, Georgia
(seal)
NOTARY PUBLIC ?gY000C0kM Qat{pa ss-ltl-793
94*06 May 7 2009
ant,k{Ub L1N H. ISA1i 61T
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SN Office of the Sheriff
Fulton County Georgia
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GA.
PLAINTIFF(S)
VS
CIVIL ACTION N0.
DEFENDANT(S)
AFFIDAVIT OF DI GENT SEARCH
GEORGIA, FULTON COUNTY.
Personally appeared before the undersigned attesting authority,
who after being duly sworn, on
oath, deposes and says:
Deponent is a Deputy Sheriff of Fulton County, Georgia and on the
day of , 19 , was unable to serve a summons
/complaint/subpeona in the above styled case upon
Deputy Sheriff of Fulton County, Georgia
Sworn to and subscribed before me, this
day of 19 _.
(seal)
NOTARY PUBLIC
CERTIFICATE OF SERVICE
I, Ashlee N. Davis, an authorized agent for Martson Deardorff Williams & Otto, hereby
certify that a copy of the foregoing Praecipe to Document Service and Cost of Service was served
this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid,
addressed as follows:
Scott D. McAuliffe
3235 Roswell Road, N.E.
Unit #818
Atlanta, GA 30305
MARTSON DEARDORFF WILLIAMS & OTTO
Ashlee N. Davis
Ten East High Street
Carlisle, PA 17013
(717) 243-3341
Dated: September 16, 2004
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F: \FILES\Clients\DickinsonCollege7619\Collections\Carrent\ 186\7619C. 186.pra5/and
Created: 10/10102 02:46:50 PM
Revised: 10/12/0707:5443 AM
7619c.186
Christopher E. Rice, Esquire
MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER
MARTSON LAW OFFICES
I.D. 90916
10 East High Street
Carlisle, PA 17013
(717) 243-3341
Attorneys for Plaintiff
DICKINSON COLLEGE, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. NO. 03-3283
CIVIL ACTION-LAW
SCOTT D. MCAULIFFE,
Defendant JURY TRIAL OF TWELVE DEMANDED
PRAECIPE
To the Prothonotary:
Please enter the appearance of Christopher E. Rice, Esquire, for the Plaintiff in the above-
captioned matter.
MARTSON LAW OFFICES
BY a4a4 q
Christopher E. Rice, Esquire
I.D. No. 90916
Ten East High Street
Carlisle, PA 17013-3093
(717) 243-3341
Date: /d /2 -6 ?- Attorneys for Plaintiff
r-a d
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`i, ... .ate
DICKINSON COLLEGE
vs Case No. 03 - 3283
SCOTT D. McAULIFFE
Statement of Intention to Proceed
To the Court:
Martson Deardorff Williams Otto
Gilroy & Faller intends to proceed with the above captioned matter..
Print Name Christopher E. Rice Sign Name C , ` <-
Date: /0 -/Z- Attorney for
Plaintiff
Explanatory Comment
The Supreme Court of Pennsylvania has promulgated new Rule of Civil Procedure 230.2 governing the termination of
inactive cases and amended Rule of Judicial Administration 1901. Two aspects of the recommendation merit
comment.
1. Rule of civil Procedure
New Rule of Civil Procedure 230.2 has been promulgated to govern the termination of inactive cases within the
scope of the Pennsylvania Rules of Civil Procedure. The termination of these cases for inactivity was previously
governed by Rule of Judicial Administration 1901 and local rules promulgated pursuant to it. New Rule 230.2 is
tailored to the needs of civil actions. It provides a complete procedure and a uniform statewide practice, preempting
local rules.
This rule was promulgated in response to the decision of the Supreme Court in Shop v. Eagle, 551 Pa. 360,710 A.2d
1104 (1998) in which the court held that "prejudice to the defendant as a result of delay in prosecution is required
before a case may be dismissed pursuant to local rules implementing Rule of Judicial Administration 1901."
Rule of Judicial Administration 1901(b) has been amended to accommodate the new rule of civil procedure. The
general policy of the prompt disposition of matters set forth in subdivision (a) of that rule continues to be applicable.
11 Inactive Cases
The purpose of Rule 230.2 is to eliminate inactive cases from the judicial system. The process is initiated by the
court. After giving notice of intent to terminate an action for inactivity, the course of the procedure is with the parties.
If the parties do not wish to pursue the case, they will take no action and "the Prothonotary shall enter an order as of
course terminating the matter with prejudice for failure to prosecute." If a party wishes to pursue the matter, he or she
will file a notice of intention to proceed and the action shall continue.
a. Where the action has been terminated
If the action is terminated when a party believes that it should not have been terminated, that party may proceed
under Rule230(d) for relief from the order of termination. An example of such an occurrence might be the termination
of a viable action when the aggrieved party did not receive the notice of intent to terminate and thus did not timely file
the notice of intention to proceed.
The timing of the filing of the petition to reinstate the action is important. If the petition is filed within thirty days of
the entry of the order of termination on the docket, subdivision (d)(2) provides that the court must grant the petition and
reinstate the action. If the petition is filed later than the thirty-day period, subdivision (d)(3) requires that the plaintiff
must make a show in to the court that the petition was promptly filed and that there is a reasonable explanation or
legitimate excuse both for the failure to file the notice of intention to proceed prior to the entry of the order of
termination on the docket and for the failure to file the petition within the thirty-day period under subdivision (d)(2).
B. Where the action has not been terminated
An action which has not been terminated but which continues upon the filing of a notice of intention to proceed may
have been the subject of inordinate delay. In such an instance, the aggrieved party may pursue the remedy of a
common law non pros which exits independently of termination under Rule 230.2.
r-a
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73
Christopher E. Rice, Esquire
MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER
MARTSON LAW OFFICES
I.D. 90916
10 East High Street
Carlisle, PA 17013
(717) 243-3341
Attorneys for Plaintiff
DICKINSON COLLEGE,
Plaintiff
V.
SCOTT D. MCAULIFFE,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 03-3283
CIVIL ACTION-LAW
: JURY TRIAL OF TWELVE DEMANDED
TO: SCOTT D. McAULIFFE, DEFENDANT
NOTICE OF ENTRY OF DEFAULT JUDGMENT
You are hereby notified that on / 2009, the following Judgment was
entered against you in the above-captioned case: Judgment in the amount of $5,870.17, plus interest
accruing at $.68 per day, collection and attorney's fees in the amount of $750.00 and costs of suit
as per the Notes attached to the Complaint for Defendant's failure to file an answer to the Complaint.
Date: ;6,,, a9• -xw
/s/
Prothonotary let-
I hereby certify that the name and address of the proper person to receive this notice under
Pa. R. Civ. P. 236 is:
Scott D. McAuliffe
2479 Peachtree Road NE, Apt. 1706
Atlanta, GA 30305
F: \FILES\Clients\DickmsonCollege7619\Collections\Current\ 186\76I9C.186. pra. default/and
Created: 10/10/02 02:46:50 PM
Revised: 01/29/09 11:44:29 AM
7619c.186
Christopher E. Rice, Esquire
MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER
MARTSON LAW OFFICES
I.D. 90916
10 East High Street
Carlisle, PA 17013
(717) 243-3341
Attorneys for Plaintiff
DICKINSON COLLEGE,
Plaintiff
V.
SCOTT D. MCAULIFFE,
Defendant
TO THE PROTHONOTARY:
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 03-3283
CIVIL ACTION-LAW
JURY TRIAL OF TWELVE DEMANDED
PRAECIPE
Enter default judgment in the above-captioned action in favor of Plaintiff and against
Defendant Scott D. McAuliffe, in the amount of $5,870.17, plus interest accruing at $.68 per day,
collection and attorney's fees in the amount of $750.00 and costs of suit as per the Notes attached
to the Complaint for Defendant's failure to file an answer to the Complaint.
I do hereby certify that a written notice of intention to file this Praecipe was mailed to the
Defendant at the address indicated thereon, on September 14, 2005, which date was subsequent to
the date default occurred and at least ten (10) days prior to the date of the Praecipe.
MARTSON LAW OFFICES
By
(2?Z4 r /,-?
Christopher E. Rice, Esquire
I.D. Number 90916
Ten East High Street
Carlisle, PA 17013
(717) 243-3341
Attorneys for Plaintiff
Dated:
1' EILE:S`.DATA F11. E Dick JnsnnCollege7o 11, Collections`Cun ent\ 186.186. not?
Created. 1)"904 0.1tP,I
Revised 9,14!0$ 8.14AM
David R. Galloway, Esquire
MARTSON DEARDORFF WILLIAMS & OTTO
I.D. 87326
10 East High Street
Carlisle, PA 17013
(717) 243-3341
Attorneys for Plaintiff
DICKINSON COLLEGE, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. NO. 03-3283
SCOTT D. MCAULIFFE, CIVIL ACTION-LAW
Defendant JURY TRIAL OF TWELVE DEMANDED
TO: SCOTT D. MCAULIFFE, Defendant
IMPORTANT NOTICE
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 PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS
OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO
PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL
SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
Cumberland County Lawyer Referral Service
Cumberland County Bar Association
32 South Bedford Street
Carlisle, PA 17013
Telephone:(717) 249-3166
MARTSON DEARDORF WILLIAMS & OTTO
By
David R. ,.
I.D. NOTiber 87326
10 East High Street
Carlisle, PA 17013
(717) 243-3341
Dated: September 14, 2005 Attorneys for Plaintiff
.
CERTIFICATE OF SERVICE
I, Mary M. Price, an authorized agent of MARTSON DEARDORFF WILLIAMS OTTO
GILROY & FALLER, 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:
Mr. Scott D. McAuliffe
2479 Peachtree Road NE, Apt. 1706
Atlanta, GA 30305
MARTSON LAW OFFICES
By A 0-,t?
M . Price
Ten East High Street
Carlisle, PA 17013
(717) 243-3341
Dated: 1 02.9 j Q 9
THIS IS A DEBT COLLECTING FIRM ATTEMPTING TO COLLECT A DEBT. ANY
INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
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F:\FILES\Clients\7619 Dickinson College \7619.Collections\7619C.Current\76I9C.186 McAuliffe \76I 9C.I86.pra.2.wpd/and
Christopher E. Rice, Esquire
MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER
MARTSON LAW OFFICES
I.D. 90916
10 East High Street
Carlisle, PA 17013
(717) 243-3341
Attorneys for Plaintiff
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CUMBERLAND COUNTY
PENNSYLVANIA
DICKINSON COLLEGE,
Plaintiff
v.
SCOTT D. MCAULIFFE,
Defendant
TO THE PROTHONOTARY:
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 03-3283
: CIVIL ACTION -LAW
: JURY TRIAL OF TWELVE DEMANDED
PRAECIPE
Please mark the judgment in the above -referenced matter satisfied and the action
discontinued.
Dated: ij&ij,i,t
MARTSON LAW OFFICES
Christopher E. Rice, Esquire
I.D. Number 90916
Ten East High Street
Carlisle, PA 17013
(717) 243-3341
Attorneys for Plaintiff
CERTIFICATE OF SERVICE
I, Mary M. Price, an authorized agent of MARTSON DEARDORFF WILLIAMS OTTO
GILROY & FALLER, 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:
Mr. Scott D. McAuliffe
1418 Dresden Drive, NE Unit A-315
Atlanta, GA 30319-0000
MARTSON LAW OFFICES
By AC;),,toey
M. . Price
Ten ' . st High Street
Carlisle, PA 17013
(717) 243-3341
Dated: 57a-r/it
THIS IS A DEBT COLLECTING FIRM ATTEMPTING TO COLLECT A DEBT. ANY
INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.