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HomeMy WebLinkAbout03-3285 F:\FILES\DA TAFILEIDickinson College 7619lDickinsonCollegeColleClions7619CIDocumenlsl190,coml Created: 5!5/031:9:14PM Revised7/1010311:5L43AM v, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO, 03- 3;:f) Ii vii CIVIL ACTION-LAW DICKINSON COLLEGE, Plaintiff WARRENF, HORVATH, 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 writlen appearance personally or by atlomey 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 DEARD --~~ David R. Galloway, Esquire LD. Number 87326 Ten East High Street Carlisle, P A 17013 (717) 243-3341 Atlomeys for Plaintiff Date: ?/!{)!03 v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-3;J f D' CIVIL ACTION-LAW DICKINSON COLLEGE, Plaintiff WARREN F. HORVATH, 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: L 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 Warren F. Horvath is an adult individual with a last known address of72 Garden Street, #2, Hoboken, New Jersey, 07030, 3, On or about February 10, 1994, Defendant entered into a Promissory Note - Federal Perkins Loan Program (Note #1) with Plaintiff. A copy of Note #1 is attached hereto as Exhibit "A," 4, Note #1 provided for the financing of$2,000.00 plus interest and costs by Defendant on his own behalf, for educational services and benefits at Plaintiff s institution, 5, On or about September 8, 1994, Defendant entered into an additional Promissory Note - Federal Perkins Loan Program (Note #2) with Plaintiff. A copy of Note #2 is attached hereto as Exhibit "B." 6. Note #2 provided for the financing of$l ,000,00 plus interest and costs by Defendant on his own behalf, for educational services and benefits at Plaintiffs institution, 7, Note #1 and Note #2 are funds created under Part E of Title IV of the Higher Education Act of 1965 as amended, (hereinafter the "Act") and are subject to the Act and the Federal Regulations issued under the Act. 8, As provided in the Act, P1ain1iff acts in a fiduciary capacity in the handling, disbursing and collecting of funds associated with the programs under the Act. 9, The total principal for Note #1 and Note #2 is $3,000,00, 10. Note #1 and Note #2grant Plaintiffreasonable collection and attorney's fees which Plaintiff has calculated to be $500,00. 1 L As of April 3, 2003, the principal and interest due and payable by Defendant to Plaintiff was $3,917.66, 12, The outstanding balance of$3,917.66 represents the total and actual overdue value Fe If1LESIDA T AFlLE\DickinscnCo\lege7619\CollectionsICurrentI190Iprall Created' 7/5105 !1:27AM Revised: 7/6/05 9:39AM 7619CI90 David R. Galloway, Esquire MARTS ON DEARDORFF WILLIAMS & OTTO 1.0, 87326 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff , IN THE COURT OF COMMON PLEAS OF COUNTY,Pru~SYLVA}ITA DICKINSON COLLEGE, Plaintiff v, NO. 03-3285 CIVIL ACTION - LAW WARRENF, HORVATH, Defendant JURY TRIAL DEMANDED PRAECIPE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please mark the judgmen1 in the above-captioned case satisfied and issue a certificate reflecting the same, WILLIAMS & OTTO . By Dav! . Gall ay, 1.0, Number 87326 Ten East High Street Carlisle, PA 17013-3093 (717) 243-3341 Attorneys for Plaintiff Date: July 6, 2005 CERTIFICATE OF SERVICE I, Jean Taylor, an authorized agent for Martson Deardorff Williams & Otto, hereby certify that a copy of the foregoing Praecipe was served this date by depositing same in the Post Office at Carlisle, P A, first class mail, postage prepaid, addressed as fol.lows: Mr, Warren F, Horvath 77 Park Ave., Apt. 313 Hoboken, NJ 07030 MARTSON DEARDORFF WILLIAMS & OTTO ~f-- By Jean Ten st High Street Carlisle, PA 17013 (717) 243-3341 Dated: July 6, 2005 o c: ~::. ",\)i,':" t"1"":\ ~. -/' 7 tJ) ~ ~i-'::~, 7~~, :2 ~ 'tJ. <e r~ r Cf' -... Q, ~"JJ -om -0<:;:1 ,::1,0 3-," -.,-....,.. q~ 51 "-' "" ~ ""'" :;:;t. '-? ..., o - v, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO, 03-3:.2 ff( CIVIL ACTION-LAW DICKINSON COLLEGE, Plain1iff WARRENF. HORVATH, 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: L 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 Warren F, Horvath is an adult individual with a last known address of72 Garden Street, #2, Hoboken, New Jersey, 07030. 3, On or about February 10, 1994, Defendant entered into a Promissory Note - Federal Perkins Loan Program (Note #1) with Plaintiff. A copy of Note #1 is attached hereto as Exhibit "A." 4. Note #1 provided for the financing of$2,000,OO plus interest and costs by Defendant on his own behalf, for educational services and benefits at Plaintiffs institution, 5. On or about September 8, 1994, Defendant entered into an additional Promissory Note - Federal Perkins Loan Program (Note #2) wi1h Plaintiff. A copy of Note #2 is attached hereto as Exhibit "B," 6. Note #2 provided for the financing of$l ,000,00 plus interest and costs by Defendant on his own behalf, for educational services and benefits at Plaintiffs institution. 7, Note #1 and Note #2 are funds created under Part E of Title IV of the Higher Education Act of 1965 as amended, (hereinafter the "Act") and are subj ect to the Act and the Federal Regulations issued under the Act. 8, As provided in the Act, Plaintiff acts in a fiduciary capacity in the handling, disbursing and collecting of funds associated with the programs under the Act. 9, The total principal for Note #1 and Note #2 is $3,000,00. 10. Note #1 and Note #2grant Plain1iffreasonable collection and attorney's fees which Plaintiff has calculated to be $500,00, 1 L As of April 3, 2003, the principal and interest due and payable by Defendant to Plaintiff was $3,917,66, 12, The outstanding balance of$3,917.66 represents the total and actual overdue value of the financing provided to Defendant under Note #1 and Note #2 for which Defendant has yet to pay. 13, Plaintiffhas fulfilled, performed and complied with all obligations and conditions of Note #1 and Note #2, COUNT I BREACH OF CONTRACT 14. Plaintiff hereby incorporates by reference the averments contained in Paragraphs 1 through 13 ofthis Complaint. 15, Defendant breached the expressed and implied obligations, conditions and terms of agreement of Note #1 and Note #2 failing to pay the amounts financed therein, WHEREFORE, Plaintiff demands judgment against Defendant in the amount of$3,9l7.66, plus interest accruing at $.41 per day, collection and attorneys' fees in the amount of$500,OO and costs of suit. COUNT II IN OUANTUM MERUIT 16. Plaintiff hereby incorporates by reference the averments contained in Paragraphs 1 through 15 of this Complaint. 17. Having requested Plaintiffto loan money, and doing so to the benefit of Defendant, Defendant became liable to Plaintiff for said money. 18. Defendant has been ~ustly 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 $3,917.66, plus interest accruing at $.41 per day. WHEREFORE, Plaintiff demands judgment against Defendant in the amount of$3,9l7,66, plus interest accruing at $.41 per day, collection and attorneys' fees in the amount of$500.00 and costs of suit. Date: '}JiD/{}3 David R. Galloway LD, Number 87326 Ten East High Street Carlisle, PA 17013-3093 (717) 243-3341 Attorneys for Plaintiff Exhibit A PERKI~S (NDSL) TRUTH-IN-LENDING STATEMENT DICKINSON COLLEGE Account Number 00273-000-00-2806-09 Name of Borrower Wa.rnm F, Horvc.th Address S4 r.h~rlp~tnn Or. Skillman. NJ 08558 ANNUAL PERCENTAGE RATE AMOUNT FINANCED The cost of your credit as a yearly rate. The amount of credit provided to you. Prior to repayment During repayment o 7. 5 7. $ 2,000,00 I Itemization of the Amount Financed: $ 2.000,00 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 payoff early, you will ~ have to pay a penalty. See your promissory note for any additional information about nonpayment, de- fault, any required repayment in full before the scheduled date, and pre- payment, TIlE BORROWER ACK.'10WLEDGES RECEIPT OF AN EXACT COPY OF THIS STATEMENT. STUDENT BORROW"ER(/---bA.~Z c(/l;A~ DATE 2/0/<1-r INSTITUTIONAL REPRESENTATIVE DATE "2 - I c .?\~ CD h--<" '1 J "Ii ..2, EXHIBIT "A" -09 Promissory Note-Federal Perkins Loan Proe:ram [Any bracketed clause or paragraph may be included at option of institution.]. . I, Wi'lrren F. Horyath ,promisetopayto Dlcklnson ColleQe (bereiDaf\ercalledthe IostitutiDD), located at Car 1 ; s 1 e. P A 17013 - 2 896 , the sum of the amouDts that are advanced to me and eDdorsed iD 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 Dot paid when due. I further understand and agree that: 1, GeDeral (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 Dote shall be interpreted in accordance with the Act and Federal regulations, copies of which are to be kept by the Institution. (2) Procedures for Receivin2 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. ll. Interest Interest shall accrue from the beginning of the repayment period and shall be at the ANNUAL PERCENTAGE RATE OF FlVE PERCENr (5%) on the unpaid balance, except that no interest shall accrue during any deferment period described in Article Vll. ill. Reoavment (1) I promise to repay tht principal and the interest that aCCNes 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 ill(5), or} extended under paragraphs ill(4), ill(7) (extensions). Vll(l), or VU(3) (deferments). (2) Upon my written request. the repayment period may start on a date earlier than the one indicated in paragraph ID(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 $S. (B) Notwithstanding paragraph ID(J)(A), upon my written request, repayment may be made in graduated installments in accordance with a schedule approved by the Secretary. (4) Notwithstanding paragraph ill(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 ID(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 mODthly paymeDt established UDder subparagraph ill(5)(A) iDclude. the amouDts 1 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 ID(1).] (T) The Institution may, upon my written request, reduce any scheduled repayments or extend the repayment period indicated in paragraph fi(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. PreDavment (1) I may. at my option and without penalty. prepay all or any part of the principal, plus any accrued interest thereon, at any time. (2) Amounts I repay in the academic year in which the loan was made and the initial grace period has not ended will be used to reduce the amount of the loan and will not be considered a prepayment. (3) If I repay amounts during the academic year in 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, ifd (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. vrn, IX, X, XI, XII, xm. 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 Perkinsl1uly 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 bave 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) 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. XlI, 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 N of the Higher Education Act of 1965, as amended. until I have made arrangements that are satisfactory to the Institution or the Secretary regarding the repayment of the loan. VI. Forbearance (1) I understand that. upon making a properly documented written request to the lnstitution. I am. entitled to be granted forbearance of principal and interest or principal only, renewable at 12-month intervaJs, for a period not to exceed three years. if- (A) My debt burden equaJs or exceeds 20 percent of my gross income; or (B) The Institution determines that I qualify for other reasons. VII. Defennent (1) I understand that, upon making a properly documented written request to the lnstitution, 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 <hall am- (i) Enrolled and in attendance as a regular student in at least a half-time COUTse 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. (9) For any period that I am engaged in service described in Articles VITI, IX. X, XI, XU. 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 (VlI)(l)(A) white I am" serving in a medical internship or residency program . (3) [understand that [ 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 W(t). . VllI. 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 lndividuals 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 eacb 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) I understand that, upon making a properly documented written request to the [nstitution, I am entitled to bave 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 (8) 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. Militarv Cancellation (1) I understand that, upon making a p'roperly 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 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 (8) 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 (8) 20 percent of the total principal amount of the loan plus interest on the unpaid balance accruing during that year for each of the third and fourth twelve (12) month periods of volunteer service completed. XII. Law Enforcement or CorreCtions Officer Cancellation (1) I understand that, upon malting a properly documented written request to the Institution, I am entitled to bave 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 ful1~time law enforcement officer for service to an eligible local, State, or Federal law enforcement agency; or (8) 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) IS 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. XIn. Nurse or Medical Technician Cancellation (1) I understand that, upon making a properly documented written request to the Institution, I am entitled to bave 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 bealth 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 A2enCy 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 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. Chan-2e in Name. Address. Teleohone 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 xvn. Late Chare:e (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, vm, 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. XVITI. Assilmment (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 bave obtained at other institutions. (If no prior toans have been received, state "None.~) FEDERAL PERKINS LOANS AT OTHER INSTIT1JfIONS Amount Date lnstitution 1 2 3 4 XX. Schedule of Advances The following amounts were advanced to me under this loan agreement on the dates indicated: Amount Date Signature of Borrower 1 2 3 4 1>1,000.00 $1,000.00 8/15/93 1/12/94 U/~~ 4k,,~ ?,4..,~ ' NOTICE TO BORROWER: DO NOT SIGN THIS NOTE BEFORE YOU READ IT, I UNDERSf AND AND AGREE TO ALL OF THE FOREGOING TERMS AND CONDmONS. [This Dote is signed as a sealed instrument.] SignatureU~~~ [(seal)] Date .:2 //0/ , 19 e-r~/ Permanent Address (Street or Box Number, City. State, and Zip Code) /lp!'-. [:).'/ r-,lu~Lne.(L lJ..)IJOc(<:' 4pts.{ Mp,UrLu/llp (.A..J\" OS'("I'1 Social Security Number (borrower must provide) l D L, - 8" "2... - '13 6: t- 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 00273-000-00-2806-09 Name of Borrower Warren F. Horvath Address 54 Charleston Dr. Skillman, NJ 08558 ANNUAL PERCEN'l"AGE RATE AMOUN'l' FINANCED The cost of your credit as a yearly rate. The amount of credit provided to you. Prior to repayment During repayment o % 5 % 1,008.000 $ 2,0 0.0 1.000.00 I Itemization of the Amount Financed: $ 2,000.00 Amount given directly to you. I Late Charge: If a payment is late, you may be charged: $1.00 for the first late payment, and $2.00 for each subsequent late payment if this loan is payable monthly, $3.00 for each late payment if this loan is payable bimonthly, $6.00 for each late payment if this loan is payable quarterly. Prepayment: If you payoff early, you will ~ have to pay a penalty. See your promissory note for any additional information about nonpayment, de- fault, any required repayment in full before the scheduled date, and pre- payment. TIlE BORROWER A~~OWLEDGES RECEIPT OF AN EXACT COpy OF THIS STATEMENT, STUDENT r} ______~, BORROWER ?c.4?~~, <;"/';:;"-""0 ' DATE ,,;;;/x 0Y' INSTITUTIONAL REPRESENTATIVE C5:h~~ .<'-, (0/_ 8 - e;f DATE EXHIBIT "B" -09 Promissory Note-Federal Perkins Loan Pro~ram [Any bracketed clause or: paragraph may be included at option of institution.). . I Warren F, Horvath . ,promise to pay to D1 clc 1 nson Co 11 eQe (hereinafter called the Institution), located at Car 1 i s 1 e. 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: I. General (1) ADDlicable 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, coples of which are to be kept by the Institution. (2) Procedures for Receivioe: Defennent. Cancellation. or Forbearance. I understand thaty to receive a deferment, cancellation, or forbearancey I must request the deferment, cancellationy 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 thaty 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 ln~shall accrue from the beginning of the repayment period and shall be at the ANNUAL PERCENfAGE RATE OF F1VE PERCENT (5%) on the unpaid balance, except that no interest shall accrue during any deferment period described in Anicle Vll. m. Reoavment (1) I promise to repay the principal and the interest that accrues on it to the Institution over a period beginning nine (9) months after the 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 und.r paragraph ill(5), or) extend.d under paragraphs ill(4), ill(7) (extensions), Vll(l), or Vll(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 ill(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(I). 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 ill(1). or the total monthly repayment rate of principal and interest on all my Federal Perkins Loa.n.sy including this loan, is less than $40.00 per monthy 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 estahlished under subparagraph ill(5)(A) inClude. the amounts 1 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 $40.00 per month for a period of not more than one (1) year where necessary to avoid hardship to me unless that action would extend the repayment period in paragraph m(l).] (7) The Institution may, upon my written request. reduce any scheduled repayments Or extend the repayment period indicated in paragraph ID(1). if. in its opinion, circumstances such as prolonged illness or unemployment prevent me from making the scheduled repayments. However. interest shall continue to accrue. rv. Prenavment (1) I may, at my option and without penalty, prepay all or any part of the principal. plus any accrued interest thereon, at any time. (2) Amounts I repay in the academic year in which the loan was made and the initial grace period bas not ended will be used to reduce the amount of the loan and will not be considered a prepayment. (3) If I repay amounts during the academic year in which the loan was made and the initial grace period ended. only those amounts in excess of the amount due for any repayment period shall be considered a prepayment. (4) If. in an academic year other than the award year in which the loan W3$ 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 baJance 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 defermeoty cancellation, or forbearance as described in Articles VI, VIT, VIII, IX. X, XI, XII. xm, or XIV of this agreement. (2) I understand that the Institution may disclose to credit bureau organizations the amount of loans made to me, aJong with other relevant Page 1 of 4 Federal Perkins/1uly 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) I understand that. if I default on my loan, I will lose my right to defer repayments. (T) I understand that. if the Institution accelerates the loan under paragraph V(l), I will lose my right to receive a cancellation of a portion of my loan for any service described in Articles VIII. IX. X, XI, xn. xnr. 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 Higher Education Act of 1965. as amended. until I bave made arrangements that are satisfactory to the Institution or the Secretary regarding the repayment of the loan. VI. Forbearance (I) 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. VIT. Deferment (1) I understand that. UPOD making a properly documented written request to the Institution. 1 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 tbal1 am- (i) Enrolled and in attendance as a regular student in at least a half-time course of study at an eligible institutioQ; (it) 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 rehabilitatioll 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. xm, or XIV of this agreement. (C) For a period oat to exceed three (3) years duriog which- (i) I am seeking and unable to find full-time employment; or (ii) For any reason that my Institution determines bas caused or will cause me to have an economic hardship. (2) I understand that I am oat 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 Vll(l). vm. TeachiolZ 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 Joan plus the interest thereon canceled if I perform qualifying service after the period for which I received the loan- (A) As a fuU~time teacher in a public or other nonprofit elementary or secondary school in the school district of a local educatioDal 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 eacb State Department of Education) io accordance with the provisions of section 46S(a)a) of the Act as a school with a bigh concentration of students from low-income families. An official Directory of designatCld low-income scbools 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 bave 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 eacb 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 halance accruing during that year for the fifth complete academic year of that teaching service. IX. Head Start Cancellation (1) I understand that, upon ma1c.ing 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 IS 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. Militarv Cancellation (1) I understand that, upon making a properly documented written request to the Institution, I am entitled to have up to SO percent of Lhe 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 Joan 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. VoluDteer Service Cancel1atiou (1) I 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) N a volunteer under the Peace Corps Act; or (B) N a volunteer under the Domestic Volunteer Service Act of 1973 (ACTION programs). (2) This loan will be canceled at the following rates: (A) IS 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. XII. Law 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 (8) As a fuU.time corrections officer for service to an eligible local. State, or Federal corrections agency. (2) A portion of thi$ loan will be canceled for each completed year of law enforcement or corrections service at the following rates: (A) IS 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; (8) 20 percent of the total principal amount of the loan plus interest on the unpaid balance accruing dUring that year for each of the third and fourth complete years of that service; and (C) 30 percent of the total principal amount of the loan plus interest 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 bave 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) IS 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 00 the unpaid balance accruing dUring that year for the fifth complete year of that service. XIV. Child or Familv Service A2ency Cancellation (1) I understand that, upon making a 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 Disabilitv Cancellation (I) 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. Chane:e in Name, Address. Telephone Number. or Social Security Number I am responsible for informing the Institution of any cbange or changes in name, address, telephone number, or Social Security number. Page 3 of 4 Federal Perkins/July 1993 xvn. Late Chan~e (1) The Institution will impose a" late charge if- (A) [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 i. due. documentation that I qualify for a deferment, caucel1ation, or forbearance at described in Article. VI. vn. vm. IX, X, XI, XU. xm. 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. Assitmment (1) This note may he assigned hy the Institutinn only !o- (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 au 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 i. limited to the amount I repaid on this loan. XIX. Prior Loans I bereby certify that I have listed below all of the Federal Perlc.ins Loans I have obtained at other institutions. (If DO prior loans have been received, state -None.-) FEDERAL PERKINS LOANS AT OTHER INSTITUTIONS Amount Date Institution 1 2 3 4 XX. Schedule of Advances The following amounts were advanced to me under this loan agreement on the dates indicated: Amount Date Signature of Borrower 1 2 3 4 n,ooo.OO $1,000,00 S/J'l/Q"- 1/.v1/~5 ~~~ ~U..~_ - ~:;,;- q- NOTICE TO BORROWER: DO NOT SIGN THIS NOTE BEFORE YOU READ IT. I UNDERSTAND AND AGREE TO AU. OF THE FOREGOING TERMS AND CONDmONS. [This note is signed as a sealed instrument. J Signature~~~" ~- ~-t/l" --- [(seal)] Date Sc..~f, ~ . 19 c('-I Permanent Address (Street or Box Number, City. State, and Zip Code) \"3€:" AAI~T{),V A.~. / 1Q.~A..J70-,W ,,0'3 O,?:'-" 10 Social Security Number (borrower must provide) /3& - <:5 2. - t::?.3.:5 fl- 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 VERIFICATION I, THOMAS MEYER, Assistant Treasurer of Dickinson College, acknowledge that I have the au1hority 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 1his Verification. This statement and Verification are made subject to the penalties of 18 Pa, C.S. S 4904 relating to unsworn falsification to authorities, which provides that if I knowingly make false averments, I may be subject to criminal penalties, Dickinson College .L--.... Thomas Meyer Assistant Treasurer of Dickinson College Dated: 7/ID/03 F:\FI LESIDA T AFI LE\Oickinson College 7619\DickinsonCollegeColleclions7619C\Documentl;\ 190 com! ~ \'c, '''I- ~. ~, VI , . ~ ';"1 .' .,. ., ""' ""- 0 -"., '- ~ , "^l '~ ~2 --0 ~ Ul -< --0 VI. C) 'T' <X\ ~ -- ~ ,",' '- --..;; F:\FILES\DA T AFILE\Dickinson College 7619\DickinsonCollegeCollections7619C\Documents\190_pra3/drg Created: 11/13/0211:27:29PM Revised: 11/I4f0302:02:24PM 7619c,190 DICKINSON COLLEGE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO, 03~ 3~AS' CIVIL ACTION-LAW WARRENF, HORVATH, Defendant JURY TRIAL OF TWELVE DEMANDED PRAECIPE Please reinstate the altached Compliant against Warren F, Horvath, 77 Park Avenue, Apt. 313, Hoboken, NJ 07030, in the above-captioned action and return same to the undersigned for service. David R, Gallo 1. D, Number 87326 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Date: November 14, 2003 Altomeys for Plaintiff (") 0 (") c w -" ;=" -. ,.1 " (~ , -n rnt/ ~-r ~- Zc '? Cn) -.J -< ~.' ,^-, r::( , ~.,." <- :::::! -H ~.;. :-:'5 L...( iSJ rn >:~' '. j ,;::! .....:~ :n :0 .....;:;; "-1 -< F:\FILES\DA T AFlLE\Dickinson College 76 I 9\DickinsonCollegeCoJIeclions7619CICurrent\ 190.pra4/mai Created II/13/0211:27:29PM Revised: 01/14/0410:59:11 AM 7619c,190 v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA .....3~'5" NO, 03-~. CIVIL ACTION-LAW DICKINSON COLLEGE, Plaintiff WARRENF. HORVATH, Defendant JURY TRIAL OF TWELVE DEMANDED PRAECIPE Please reinstate the attached Compliant against Warren F. Horvath, 77 Park Avenue, Apt. 313, Hoboken, NJ 07030, in the above-captioned action and return same to 1he undersigned for servIce, WILLIAMS & OTTO By David R. Galloway, 1. D. Number 87326 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Date: January 14, 2004 Attorneys for Plaintiff ........~ ,.", 5};::> ,~. <'. ::,y ;:r-, ~" ~.:~ ~., ./::- ~ ~~ .k " ""/': G2b c- .-, I,' 51 r;:oo -,~. ;i} {j/ ~~1 ,~S l5:(~f :c.:"" -..(J "'<' " .,.- t ~ --< $'- ,0 --.:r. .'i" r l! tL ~ F\FlLES\DAT AFILE\DickillSOIl College 7619\DickillSonCOlJegeCOllections7619C\CurremI190_affl/nlm Created: 3/9/04 11:06AM Revised: 3/9104 lL07AM 7619Cl90 DICKINSON COLLEGE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v, NO. 03-3285 CNIL ACTION-LAW WARRENF. HORVATH, Defendant JURY TRIAL OF TWELVE DEMANDED AFFIDAVIT OF NON SERVICE I, David R. Galloway, Esquire, being duly Sworn according to law upon my oath, depose and say, that I am at least 18 years of age. I hereby certif'y and return that diligent attempts were made to serve the Complaint on the above Defendant(s) by mailing the Complaint, via Hudson County Sheriff's Office, to Warren F, Horvath at his last known address: 77 Park Avenue, Apartment 313, Hoboken, NJ 07030. That Complaint was returned to me dated February 27, 2004, Reason for Non Service: Moved, I certif'y that the foregoing statements made by me are true and correct. I am aware that if any of the foregoing statements made by me are wiIlfull David R. Galloway Attorney for Plaintiff Sworn t and subsc~c!.. be~oJe me thi day of If ~ 'A4, ,2004, NOTARIAL SEAL TRICIA D. ECKENROAD. Notary Public Carlisle Bora., Cumberland County M COmmlSlign' 2J. 2004 Hudson County Sheriff's Office AFFIDAVIT OF SERVICE Plaintiff DICKINSON COLLEGE Service # 1 of 1 Services Docket # 03-3285 Sheriff's # OS 102216 Defendant WARREN F. HORVATH MDW&O TEN EAST HIGH STREET CARLISLE, PENNSYLVANIA 17013 Papers Served COMPLAINT Common Pleas Pennsylvania CUMBERLAND J, JOSEPH CASSIDY, SHERIFF OF HUDSON COUNTY DO HEREBY DEPUTIZE AND APPOINT G. DELCOLLO A DULY SWORN OFFICER TO EXECUTE AND RETURN THE DOCUMENTS ACCORDING TO LAW. Date of Action 2/26/2004 Time of Action Person/Corporation to Serve WARREN F, HORVATH Attempts Date Time 77 PARK AVE APT 313 HOBOKEN, NJ 07030 Reason for NonService OTHER _ MOVED I, G. DELCOLLO WAS NOT ABLE TO SERVE THE WITHIN DOCUMENTS AND/OR A TRUE COpy THEREOF. 5!J )/ ikI (d4_UiJ G. DELCOLLO ~/;</oy DATED . (') ,- .-:~ {:'~l~- 5E ;;;~ Cn -.:-.. ~~ ~::.- s~: ~~; -, --< ...., = = or- .... :;.: ;;0 o -n :::! rli:JJ r' ;BE? 00 :r!'T. f) :!J :::C) ,_." rn , , ;t -< Cl ~ a <.D F:IFILESIDA T AFILE\Dickinson College 7619lDickinsonCollegeCollections7619CICurrent\ 190. pra5/tde Created: ]]!]3!021]:27:29PM Revised: 04!27/04 03:02:44 PM 76]9c.190 DICKINSON COLLEGE, Plaintiff v, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 03-~' NO. 03 ~n2 CIVIL ACTION-LAW WARRENF, HORVATH, Defendant JURY TRIAL OF TWELVE DEMANDED PRAECIPE Please reinstate the attached Complaint against Warren F, Horvath, 303 West 21 st Street, 4E, New York, New York 10011, in the above-captioned action and return same to the undersigned for serviCe, WILLIAMS & OTTO By Date: April 27, 2004 Attorneys for Plaintiff (x (") ...... ~ = C <:::> :r: ..,.. Vn) ;:... ~fj! n1rr,' '"U ";;?-T' :::0 ~'~;~ I\) f~ -<." CX> <c: ~() ;:... ~ );:0 :x c.::: If? ';;;! .~ Co) 1; CX> -< ~ nFILES\DAT AFILEIDickinson College 7619\DickinsonCollegeColleclions7619C\CluTent\190pru6 Created: 8/23/04 327PM Revised, 8/23/04 3:28PM 7619Cl90 DICKINSON COLLEGE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLV ANlA v. NO, 03-3285 CIVIL ACTION-LAW WARRENF. HORVATH, Defendant JURY TRIAL OF TWELVE DEMANDED PRAECIPE Please reinstate the attached Complaint against Warren F, Horvath, 303 West 21st Street, 4E, New York, New York 10011, in the above-captioned action and return same to the undersigned for service, B . all way, L D, Number 87326 Ten East High Street Carlisle, P A 17013 (717) 243-3341 Date: August 23, 2004 Attorneys for Plaintiff -) ':.,) r',~' C,) CJ"~ F:\FILES\DAT AFlLE\Dickinson College 7619\DickinsonCollegeCollections7619C\Current\190pra7/and Created: 10/10/02 02:46:50 PM Revised 09/24/04 09:13:19 AM 7619c_27 DICKINSON COLLEGE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v, NO, 03-3285 CIVIL ACTION-LAW WILLIAMF. HORVATH, Defendant JURY TRIAL OF TWELVE DEMANDED PROOF OF SERVICE AND COST OF SERVICE PURSUANT TO THE PENNSYLVANIA LONG ARM STATUTE I hereby certify that a copy of the Complaint was personally handed to William H. Horvath on September 13, 2004, by the Sheriffs Office of New York County, New York. See Affidavit of Service attached hereto. Cost of that service was $42.00, I M By David R. Galloway, Esquire LD, No. 87326 Ten East High Street Carlisle, PA 17013-3093 (717) 243-3341 Date: Attorneys for Plaintiff --.zjIl>IrT~A/ ;?Le"~ COeRT, STATE OF r;?Af IV d y,,~v,,;v,;' ,COt:NT}' OF c;,..'""'~.iLA.-_ VS SHERIFF'S OFFICE AFFIDAVIT OF SERVICE Docket # STArE OFNEWYORK } COl;NTY OF NEW YORK} SS: Sheriffs Case No, tJI!r.I- /119 4tN~ dsr~being duly sworn, affirms t,hathe is a Deputy Sheriff of the City of New Y~rk, being over the age of eighteen years" IS not a party to thIS action or proceedl7f and served the lV1nexl~d, C::.tJ"PLN "'''-'~ ~'n heabovetltJedactlonor roceedmgonthe ;$ daY,of~,-r~~ It. atappro)(l~ately II/o~ . p.rn" al /..3s. ~.",. $~ ()O ,In theb07clli!sh of Manhattan, County of New York, Service was ' de upon 1"../, t.., - '. r # , the defendant/respondent in the following manner: PERSO:-;AL SERHCE ,[0' By delivering to and leaving with the above named defendant/respondent personally a true copy thereof, said person being known as the person mentioned and described herein o By delivering to and leaving a true copy thereof with a person of s4itable age and discretion, who is to the defendant/respondent, Said address is the dwelling place/place of business of the party served, o By affi.xing a true copy thereof to the door of the above mentioned address, said address being the dwelling place/place of business of the defendant/respondent. o ! By mailing a true copy thereofin a plain white envelope marked "PERSONAL & ;". CONFIDENTL"'-L" to the defendant/respondent to hislher last known address at 6..LTER"\'ATE PERSON l..FFIXED TO PREMISES tfAILED :ORPORATION o ; By delivering to and leaving with, person stated he/she is the service of legal process o At the time of service, a statutory fee of $ mentioned and described herein, a true copy theref said , an agent authorized to accept TATUTORY FEE was also left with the person THER: o ~SCRIPTION ~ The person served is a (v{ Male ( ) Fere,a]e and approximately Age ...3:; flU, Height:~'16~ Weight: tfdi..iJJ Skin:W/fr Hair:~,k l\OTARY Sworn to (affirmed) before me this ~ day of >~#lc>1l/;.e It. ,2iJO<f- ~./ ' P L:::.- '" , w;S D. FELICIANO /' NoWy PublIc, State of New Yo ," , No. 02FE6037555 " Qualfrred In erOM'!: Ctiunty '"",'ooion ElrI*es fob.J2, ~ \~~S~RIT1.h~ (212) 2.2 f -S~P3 '''lAHrS<I'''.J2!Y<')O,RFF \XI~" u^,'s , .no ._~----_. MD~ 0 INFORMATION. /\rlVICF' ADV()(~I\CY ArIOHNty<; & l:O\:~.~FIUII{\\T lAW August 25, 2004 \XirUIAM F 1\1AHTSON JOHN B. h)\VLER III EDWARD r SU-IUIU']> DANIEl K. DEAI{j)ORFF 'l'HOMAS J. WIl.I.lAMS' Ivo V. Orro III GEOnGE B. FAI.LER JR.' CAHL C. RISCH [),WTD A. FITZSIMONS DAVID R. GALLOWAY ANTHONY T. LUCIDO CHRISTOPHER E. RICE JENNIFER L SPEARS TEN E.\ST HrCH STIU,FT CARIJSLJ:. PFNNS'{]VANIA 1~(II" TEl,EI'HONE FACSIMILE INTER~ET (717) 243':l,H 1 C 1') 2,.1:). I R50 www.mdwo.com 'BO"RD CFHTlF1EIl CIVil. TRI.-'\.1. SPEnALL~'l Office of the Sheriff 253 Broadway, Eighth Floor New York, NY 10007 RE: Dickinson College v, Warren F, Horvath No, 03-3285-Cumberland County C.C,P, Our File No, 7619C.190 Dear Sir or Madam: We enclose a reinstated Complaint to personally hand to Warren F, Horvath at his place of business, Community Development Trust, 1350 Broadway, Suite 700, New York; NY 10018-7702. Following service, please prepare an Affidavit of Service and return to us in the envelope we enclose for your convenience. If no service is made, please prepare an Affidavit of No Service describing the efforts made to effect service. We enclose a check for $42.00 for your service fees. We thank you for your assistance in this matter, If you have any questions or comments, please feel free to contact us, C:::;,:-~, c,....---~ --, [D~::_, C(=-''',<' ~" (C.:'," ~. .\ ') "-~,-,~... Very truly yours, MARTS ON DEARDORFF WILLIAMS & OTTO David R. Galloway DRG/jmt Enclosures cc: Ms, Sally Heckendorn (via e-mail) F:\FlLES\DATAFILE\Dickinson College 7619\DickinsonCollegeCollections7619C\Current\190sheritf4 fNF()R,r>dATION . /\DVICE A D V 0 C ,\, C Y ,\1 CERTIFICATE OF SERVICE I, Ashlee N, Davis, an authorized agent for Martson Deardorff Williams & Otto, hereby certify that a copy ofthe foregoing Affidavit was served this date by depositing same in the Post Office at Carlisle, P A, first class mail, postage prepaid, addressed as follows: William F, Horvath 1350 Broadway Street, Suite 700 New York, NY 10018-7702 MARTSONDEARDORFFWILLIAMS & OTTO By (Ar)h l}f i\) DeMAY) Ashlee N.lJiavis Ten East High Street Carlisle, P A 17013 (717) 243-3341 Dated: September 24, 2004 -C,) ~~:l,,; t~lt{.,~ -"" -/1 ,L._~ ";:., (f".. -...' ..' ~~C ~;(") ",,0 -"C z :2 (j C ::'~ ,...., = = ..- ,/> M -0 ", ~ o ., .-1 :1: .,., rlli= -CJ~ -n'"- S~~ T-n ~~(') "",,'m s~ "1",.. ~j] :.< :r>- :J: - .. -.I - F'IF1LESIDA T AFILEIDickinsonCollege7619lCollectionslCurrentll90 pra9/drglnlm Created' 10/10/02 02"46: 50 PM Revised' 1Ii0ti04 ll'Ol'41 AM 7619c,190 DICKINSON COLLEGE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLA'ID COUNTY, PENNSYLVANIA v. NO. 03-3285 CIVIL ACTION-LAW WARRENF.HORVATH, Defendant JURY TRIAL OF TWELVE DEMANDED PROOF OF SERVICE PURSUANT TO THE PENNSYL VANIA LONG ARM STATUTE TO THE PROTHONOTARY: I hereby certify that a copy of the Complaint was personally handed to Warren F, Horvath on September 13, 2004, by the Sheriffs Office of New York County, New York. See Affidavit of Service attached hereto. DORFF WILLIAMS & OTTO Date: November 1, 2004 t!-#!m~PAJ ~~.sCOURT, STATE OF /1:;'\FlN'd (L V.9.v"t ~ , COUNTY OF CUh748.47d E SHERIFF'S OFFICE Ali'FIDA VIT OF SERVICE, \ VS Docket # Sheriffs Case No.PI~~- 1,7"79 STATE OFNE\VYORK } COUNTY OF NE\V YORK} S8: &vi1~-&12'lLl)being duly sworn, affirms that he is a Deputy Sheriff of the City of New York, being over the age of eighteen years, is not a party to this action or proceedi~and served the annexed, C!.€J 1'1"'1 P ~1 A/ 7- in the above titled action or proceeding on the./. day of E rc.~e-cIL at approximately // / (l ~ a.m.l p.m., at "YJ ;$,Ltt"... .:sr~ ~O, in the b rough of Manhattan, County of New York. Service was made upon W I1A.LE-M F'". vAr/f, the defendant/respondent in the following manner: i2r' By delivering to and leaving with the above named defendant/respondent personally a true copy thereof, said person being knm'<l1 as the person mentioned and described herein o By delivering to and leaving a true copy thereof with a person of sl\itable age and discretion ,who is to the defendant/respondent. Said address is the dwelling place/place of business of the party served, o By affixing a true copy thereof to the door of the above mentioned address, said address being the dwelling place/place of business of the defendant/respondent. o By mailing a true copy thereof in a plain white envelope marked "PERSONAL & CONFIDENTIAL" to the defendant/respondent to his/her last known address at PERSONAL SERVICE AL TER.~A TE PERSON ,AFFIXED TO PREMISES MAILED CORPORATION o By delivering to and leaving with, person stated he/she is the service of legal process At the time of service, a statutory fee of $ mentioned and described herein. a true copy therof said , an agent authorized to accept )TA TUTORY FEE o \vas also left with the person )THER: o ESCRIPTION 0' The person served is a (v{ Male ( ) Female and approximately Age ..3;l c.;~..J , Height: 5 f II) 'f Weight: I f~LB$ SkiL:WH-T Hair: ~t.L 1'iOTARY ~<\. ~~ DEPUTY SHERITF (212) 2 J 1-,:S.;J.t:J 3 Sworn to (affirmed) before me this 2$day of ~~ ' 20~~ ~~., eeRNAftD T. WAITES MotIIY Public. State of New"'- No. o'er' Quaflfled In ~ Commission expires ne ~ ~~,\", :>"'''''''" ~ ,J '>.""':... lie ~r -1 I {'bl;4 . " ',,-! Ocr .~l <1 2004' , :;~ "!/- ~. . ~:' , . ,.... !,} ~I' .'< ....' 83TlAW .r c:ql\~tr~8 .....':. ' :r.1 ,,,,.:> ,-; \ll,r; '(18ttlf4 \:' ""dl.:':,hV to " vf ~t~" ': ,,; 'He' '0 .,- ~tj~ ,', CERTIFICATE OF SERVICE I, Nicho1e L. Myers, an authorized agent of Martson Deardorff Williams & Otto, hereby certify that a copy of the foregoing Praecipe was served this date by depositing same in the Post Office at Carlisle, P A, first class mail, postage prepaid, addressed as follows: Mr. Warren F. Horvath 1350 Broadway Street, Suite 700 New York, NY 10018-7702 MARTSON DEARDORFF WILLIAMS & OTTO BYNi~;:!fUF Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: November 1, 2004 () f; .,. -odS rnn'l Z']".:: Z\~ (fl":,, ~.....: r:,..c ~ c:) ",-,{ 1 <.;;:: --'.' ~l""- Z ~ f"..,) g ..r::- % o < , ~ -l :C-r"l rnF;; :gO t).!. -~~'i? :-.r:. "1' O~-' -.,.() C::{11 --t ~ ":.< ::t"" :1t - - c..n (Jl F \FILESIDA T AFILEIDickinsonCollege76 I 9\Colleclions\Current\ 190 pralO/nlm Created 1111/04 1:34PM Revised 11/4/04 9 SIAM 7619C 190 David R, Galloway, Esquire MARTS ON DEARDORFF WILLIAMS & OTTO LD. 87326 10 East High Street Carlisle, P A 17013 (717) 243-3341 Attorneys for Plaintiff DICKINSON COLLEGE, Plaintiff IN THE COURT OF COMMON PLEAS OF COUNTY, PENNSYLVANIA v. NO. 03-3285 CNIL ACTION - LAW WARRENF. HORVATH, Defendant JURY TRIAL DEMANDED PRAECIPE TO THE PROTHONOTARY: Enter default judgment in the above-captioned action in favor of Plaintiff and against Defendant in the amount of $4,655.46, plus costs of suit and interest accruing at $.41 per day from date of Judgment for Defendant's failure to file an answer to the Complaint. I do hereby certify that a written notice of intention to file this Praecipe (in the form attached hereto) was mailed to the Defendant at the address indicated thereon, on October 18, 2004, which date was subsequent to the date default occurred and at least ten (10) days prior to the date of the Praecipe, By ~ David K Gallow I.D, Number 87326 Ten East High Street Carlisle, P A 17013 (717) 243-3341 Dated: November 4, 2004 Attorneys for Plaintiff F' '"ILES\DATAFILE\Oickms\m C"-1lkge 7611.}' O!(.::kms,,-mC,,-,lkgeC,,-,lkl..ttl\Hs7b!\JCCUl1etlt' Il)() nl)tl nlm C're.lted toll_\lO~ I ~ I PM Revised: 101/8;04 /0 29AM 7619C 190 David R. Galloway, Esquire MARTSON DEARDORFF WILLIAMS & OTTO I.D. 87326 10 East High Street Carlisle, P A 17013 (717) 243-3341 Attorneys for Plaintiff DICKINSON COLLEGE, Plaintiff IN THE COURT OF COMMON PLEAS OF COUNTY, PENNSYLVANIA v, NO, 03-3285 CIVIL ACTION - LA W WARREN F, HORVATH, Defendant JURY TRIAL DEMANDED TO: WARREN F. HORVATH, 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 (1 0) 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 INFORMA nON ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMA nON 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 By ~~?c. DaVid~GallOWay, Esquire Ten East High Street Carlisle, P A 17013 (717) 243-3341 Attorneys for Plaintiff Dated: October 18, 2004 . lJ (f) "Tl o 3 '" ~-.3 ~ ~ ~ c-c CA -;. -o&-..... " _'" ~' _ ~_3I:~ ~ ~ ~t: ~ ~ = ~ 5i ~ p'g' !:.=? ~ """~ ~=- 8 __'7'- V'"' "'S ~ cO' c:::J ;::> '"" ~ =- ~ v ... ~ :::a. ~~ .... ~ ~ = ~~~ ~ cD c:t --..: t. -n ~ ~ = ot'\ r ~ ...... ~ 'U: ..... ...... ~ =e ~::z:: - ..:: (JJ ~ E ~~"=- :::- -'.;' ""5' $:I - \:0' :lIiiiiii <'\ -+-- ~ ~ 4-- .:!- ~ .\... c:: ~C/J == ~~: '= ..rr ,\ ~" 1701-9E~89000\-: V~, ~. 6 0$\ ,:?:\. ~..~ \, --",0} " ,tl1)O INnOW\;l " ~~ 170 . 81 1 ' '-....':.. ~S.1V1SOd f j 0" JO ','U1V~O~1IHfl Ijd'31sI~l:Il:l:J ~ 3 Ultfd - ~\;llS0d 's'n 13;:: (g~ c Sw Ul om lJ me: 0 oK{ (j) ;00 i! 20 r ~;o (/) ;00 m )>0 :u z;:: < Om (j ~~ m 00 ~~ ~~ (JJZ iT1iT1 0 ;o~ rn ~ ~ 6 ::;; ~ (; s: ~ ~ rn o 0 o -n m ~ ~ ~ ;= Z C) CERTIFICATE OF SERVICE I, Nichole L. Myers, an authorized agent of MARTSON DEARDORFF WILLIAMS & OTTO, hereby certify that a copy of the foregoing Praecipe was served this date by depositing same in the Post Office at Carlisle, P A, first class mail, postage prepaid, addressed as follows: PERSONAL & CONFIDENTIAL Mr. Warren Horvath 1350 Broadway Street, Suite 700 New York, NY 10018-7702 MARTSON DEARDORFF WILLIAMS & OTTO BYNi&~~ m~ Ten East High Street Carlisle, P A 17013 (717) 243-3341 Dated: November 4, 2004 DICKINSON COLLEGE, Plaintiff IN THE COURT OF COMMON PLEAS OF COUNTY, PENNSYLVANIA v. NO. 03-3285 CIVIL ACTION - LA W WARRENF. HORVATH, Defendant JURY TRIAL DEMANDED TO: WARREN F. HORVATH, DEFENDANT NOTICE OF ENTRY OF DEFAULT JUDGMENT You are hereby notified that on l'~ i ' 2004, the following Judgment was entered against you in the above-captioned case: [I]n the amount of $4,655.46, plus costs of suit and interest accruing at $.41 per day from date of Judgment for Defendant's failure to file an answer to the Complaint. Date: {(..r '-f -'(J t.l (!~ K~ff'k l (P Prothonotary I hereby certify that the name and address of the proper person to receive this notice under Pa, R. Civ. P. 236 is: Mr, Warren F. Horvath 1350 Broadway Street, Suite 700 New York, NY 10018-7702 r-.,) 0 0 c..> ~ F; c.::> 11 ~ R ,1;- ~..,., z C,) rllp -:: -<:10 , -0 -- ...- (.)2:-) """"-. ~;J -Ti u-; ~ -0 ('j:D ....~i\t"" '7(; ~ C><.\ -"~ ':,,-rn ( ~ i N (;) - ~ ~:; .. :pi ...-.... -. ~) _,.1 .r- ~ -< .-r;, +.- ~ e: ........ .......... , f-. ~ "