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HomeMy WebLinkAbout03-3350F \EILES\DATAPILE\Dickimon Collc a 7619\DickinsonCollepColltt i.v76190Dowmcn\s\138. c.ml/cny Cmazed. 5/7/03 33607 PM Revised. 7111/03 439.55 PM 7619C.138 DICKINSON COLLEGE, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. BARUKE B. GRIFFIN, Defendant NO. 03-3357) CIVIL ACTION-LAW JURY TRIAL OF TWELVE DEMANDED NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiffs. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP: Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 MARTSON DEARDORFF WILLIAMS & OTTO B David R. Galloway, ire I. D. Number 87326 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: 71111d-? Attorneys for Plaintiff Exhibit B F IPILESSDATAFILEDickl on Colle e>619\DickimenColleg ollecvions7619C?DoC.m nts?138. com1/<u Crewed 5!1/03 3'.56 07 PM ' Rcv scd: 7/11/03 4'.3955 PM ]6190 138 DICKINSON COLLEGE, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. BARUKE B. GRIFFIN, Defendant NO. 03 ?35v CIVIL ACTION-LAW JURY TRIAL OF TWELVE DEMANDED NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiffs. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP: Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 MARTSON DEARDORFF WILLIAMS & OTTO BI David R. Galloway, ire I. D. Number 87326 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: 71//03 Attorneys for Plaintiff DICKINSON COLLEGE, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. ©3 ' 3 16-0 CIVIL ACTION-LAW BARUKE B. GRIFFIN, 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, (hereinafter "Dickinson"), is a Pennsylvania educational institution with its principal offices located in Carlisle, Cumberland County, Pennsylvania 17013. 2. Defendant Baruke B. Griffin, (hereinafter "Student'), is an adult individual whose last known address is 3112 Greenmount Avenue, Baltimore City, Baltimore, Maryland 21218-3417. COUNTI BREACH OF CONTRACT 3. Student is currently or was recently enrolled at Dickinson. 4. On or about August 24, 1996, Student entered into a Promissory Note - Federal Perkins Loan Program (Note #1) with Dickinson for the financing of $2,000.00 plus interest and costs by Student, for educational services and benefits at Dickinson. A copy of Note #1 is attached hereto as Exhibit "A." 5. On or about September 2, 1997, Student entered into an additional PromissoryNote - Federal Perkins Loan Program (Note #2) with Dickinson for the financing of $2,000.00 plus interest and costs by Student, for educational services and benefits at Dickinson. A copy of Note #2 is attached hereto as Exhibit "B." 6. On or about March 6, 2000, Student entered into a Promissory Note (Note #3) with Dickinson for the financing of $3,000.00, plus interest, for educational services and benefits at Dickinson. A copy of Note #3 is attached hereto as Exhibit "C." 7. On or about July 1, 1996, Student opened a Student Receivables account (hereinafter "Account") with Dickinson to paytuition, books, dining service fees and other educational expenses. A true and correct copy of the Account is incorporated by reference and attached as Exhibit "D." 8. Student, by opening the Account and using the goods and services provided by Dickinson, agreed to pay Dickinson for all charges made to the Account. 9. The terms of repayment of the Account require Student to pay the balance fourteen (14) days before the beginning of each semester. 10. Student breached the expressed and implied obligations, conditions and terms of agreement of Note #1, Note #2, Note #3 by failing to pay the amounts financed therein and breached the expressed and implied obligations, conditions and terms of the Account by failing to pay the amounts stated therein. 11. As of June 12, 2003, the Account balance due and payable by Student to Dickinson for those educational services was $6,030.49. 12. 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. 13. As provided in the Act, Dickinson acts in a fiduciary capacity in the handling, disbursing and collecting of funds associated with the programs under the Act. 14. The total collective outstanding principal balance for Note #1, Note #2, and Note #3 is $7,000.00. 15. Note #1, Note #2 and Note #3 grant Dickinson reasonable attorney and collection fees which Dickinson has calculated to be $1,050.00. 16. As of June 12, 2003, the outstanding balance due and payable by Student to Dickinson was $13,883.53 plus interest accruing thereafter at $1.18 per day, attorney and collection fees in the amount of $1,050.00 and costs of suit. 17. The outstanding balance of $13,883.53 represents the total and actual overdue of the financing provided to Student under Note #1, Note #2, Note #3 and for those educational services provided to Student, as described in the Account, for which Student has yet to pay. 18. Dickinson fulfilled, performed and complied with all obligations and conditions of Note #1, Note #2, Note #3 and fulfilled, performed and complied with all obligations and conditions of the Account. WHEREFORE, Dickinson demands judgment against Student in the amount of $13,883.53 plus interest accruing at $1.18 per day, attorney and collection fees in the amount of $1,050.00 and costs of suit. COUNT 11 IN QUANTUM MERUIT In the alternative, if this Honorable Court should determine that an express contract between Dickinson and Defendant, Baruke B. Griffin, does not exist, which is denied, Dickinson pleads the following: 19. Paragraphs 1 through 18 are incorporated herein by reference as if set forth in full. 20. Because Dickinson loaned money to Student, to the benefit of Student, Student became liable to Dickinson for said money. 21. Student was unjustly enriched by accepting said money without paying Dickinson reasonable compensation therefor. 22. As of June 12, 2003, the total amount by which Student became enriched was $13,883.53 plus interest accruing thereafter at $1.18 per day. 23. Dickinson demanded payment of the above sums but Student failed and refused to do so. WHEREFORE, Dickinson demands judgment against Student in the amount of $13,883.53 plus interest accruing at $1.18 per day, attorney and collection fees in the amount of $1,050.00 and costs of suit. TSON DE F IJAMS & OTTO By avid R. Galloway, Esquire I. D. Number 87326 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Date: 711//D3 Attorneys for Plaintiff Exhibit A FEDERAL PERKINS Lr IN PROMISSORY NOTE a. :. fi r a s 1. Name (last, first, middle initial) and 2. Social Security Number Permanent Address (street, city, state, zip code) 1\lr- qZ- `?C) `6-A Griffin, Baruke Ben Levi (. - 2`) S-AaLz 3. Date of Birth ?Jnl? 4. Area Code/Telephone Number 5. Driver's License Number (List state abbreviation first) 6. School Name & Address (street, city, state, zip code) Dickinson College P.O. Bcvc 1773 Carlisle, PA 17013-2896 TERMS AND CONDITIONS: Z Borrower Status L Half-time or greater ? Less than hall-acre 9. Loan Amount: $2000.00 8. Interest Rate $% 10. Loari Period 1996-97 [Any brrJuted dame m paragraph may be included at option of 1rMMrtbn.] APPLICABLE LAW - The terms of this note and any disbursements nude under this note shall be interpreted in accordance with Part E of Title IV of the Higher Education Act of 1965, es arnended (hereinafter called the Act), w well as Federal regulations Issued under the Act. All sums advarced under this note are subject to the Act and Federal regulations issued under the Act. REPAYMENT - I am obligated to repay the principal and the interest that accrues on it to the above-named institution (heminafter called the school) over a period beginning 9 months (or sooner if I am a less than a half-time borrower) after the date I cease to be at least a half-time student at an Institution of higher education or a comparable school outside the United States approved by the United States Secretary of Education (hereinafter called the Secmmry) and ending 10 years later, unless I request in writing that my repayment period begin sooner. I understand that the school will report the amount of my Installment paymerm. along with the amount of this loan to a national credit bureau. Interest on this loan shall accrue from the beginning of the repaymem period. My repayment period may be shorter than 10 years if I am required by my school to make minimum monthly payments. Upon my written request my repayment period may be extended during periods of deferment, hardship. or forbearance and I may make graduated Installments in accordance with a schedule approved by the Secretary. I will make my instalment payments in equal monthly bimonthly or quarterly installments as determined by the school. The school may mund my installment payment to the nett highest multiple of $5. [1 will make a minimum monthly repayment of $40 (or $30 If I have outstanding Federal Perkins loam made before October 1. 1992 that included the $30 minimum payment option) in accordance with the Minimum Monthly Payment Section of the Terms and Conditions contained on the inverse side of this document.] LATE CHARGES - The school will impose late charges if I do not mate a scheduled payment when due or if I fall to submit to the school on or before the due date of the payment, a properly documented written request that I qualify for any of the forbearance, deferment or cancellation benefits as described below. No late charges may, exceed 20% of my monthly bimonthly or quarterly payment. The school may add the late charges to principal the day after the scheduled rapayment was due or include it with the next scheduled mpsym m after I hen received notice of the charge, and such notice is sent before the next instalment is due. REQUESTS FOR DEFERMENT. CANCELLATION OR FORBEARANCE -To receive deferment. cancellation. or forbearance benefits, I must make a written request to the school and most subrsdt to the school any documentation the school requires to prove my eligibility for these benefits. I am responsible for submitting the appropriate requests on time, and 1 may lose my benefits if I fail to file my request on time. DEFAULT - If I fall to make a scheduled payment when due; it I fag to submit to the school, on or before the due date of a scheduled payment. documentation that I qualify for a deferment. cancellation, or forbearance; or if I fail to comply with the temss and conditions of this promissory note or written repayment agreement. the school may, at its option, declare my loan to be in default and may accelerate my loan (demand immedlate payment of the enure unpaid balance of the him. Including principal, interest, late charges, and collection c om). The school, and the Secretary V my loan is assigned to the Secretary for collection, shall disclose to credit bureau organizations that I have defaulted and all other relevant loan information. I will lose my right to defer paynems and my right to forbearance if 1 default on my loan. I will lox my right to receive cancellation benefits for service that is performed after the date the school accelerated the loan. I will be ineligible for my further federal student fimnchl assistance authorized under the Act until I make amngements that are satisfactory to the school or the Secretary to repay my loan. CHANGE OF STATUS - I will inform the school of any change in my mine, address, telephone number, Seca Security number, or drivers license number. ASSIGNMENT - This note may be assigned by the school only to the United States. The provisions of this note that relate to the school shall where appropriate relate to the assignee. PROMISE TO PAY: I promise to pay the school, or a subsequent holder of the Promissory Note. the sum of amount(s) advanced to me under the term of this Note, plus interest and other fees which may become due as provided in this Note. I promise to pay all reasonable collection costs, including attorney fees and other charges, necessary for the collection of any amount not paid when due. I will not sign this Note before reading it, including the provisions an the reverse side. This loan has been made to me without security or endorsement. My signature certifies 1 hen read. understand. and agree to the terms and conditions of this Promissory Note. THIS IS A LOAN(S) THAT MUST BE REPAID !5r to 1(L A Q^2Borrower's SDate: EXHIBIT "A" Terms and Conditi s (cont.) HARDSHIP REPAYMENT OPTIONS - Upon my written request. if I qualify as a low-income individual during the repayment period, the school may extend the repayment period for up to an additional ten (10) years and may adiust any repayment schedule to reflect my income. Upon my written request, the school may extend the repayment period if, in its opinion. prolonged illness or unemployment prevent me from making the scheduled repayments during which time interest will continue to accrue. The school may permit me to pay less than the minimum monthly repayment rate for a period of not more than one year at a time if I experience a period of prolonged illness or unemployment except such action may not extend the repayment period beyond 10 years. GRACE PERIODS - My initial grace period before beginning repayment is 9 months. If I am a Less-Than-Half-Time Borrower with outstanding Federal Perkins Loans, my repayment begins when the nett scheduled installment of my outstanding loan is due. If I am a Less-Than-Half-Time Borrower with no outstanding Federal Perkins Loans, my repayment begins the earlier of 9 months from the date my loan was made, or 9 months from the date I became less than a half-time student, even if I received the loan after I became a less than half-time student. My payments will resume after a post-deferment grace period of 6 months that follows deferments that apply to Federal Perkins loans. PREPAYMENT - I may prepay all or any part of my unpaid loan balance. plus any accrued interest, at any time without penalty. Amounts I repay in the academic year in which the loan was made and before the initial grace period has ended will be used to reduce the amount of the loan and will not be considered a prepayment. If I repay amounts during the academic year in which the loan was made and the initial grace period ended, only those amounts in excess of the amount due for any repayment period shall be considered a prepayment. If, in an academic year other than the award year in which the loan was made. I repay more than the amount due for an install- ment, the excess will be used to repay principal unless I designate it as an advance payment of the next regular installment. MINIMUM MONTHLY PAYMENT - I will make a minimum monthly repayment of $40 (or $30 if I have outstanding Federal Perkins loans made before October 1. 1992 that included the $30 minimum payment option) if required by the school. If the total monthly repayment rate on this loan and any outstanding Federal Perkins loans I may have is less than the rmnhnum monthly repayment rate established by the school, the school may still require a minimum monthly repayment rate. A minimum monthly repayment amount will combine my obligation on this and all my outstanding Federal Perkins loans, including those made at other schools. The portion of the minimum monthly payment that will be applied to this loan will be the difference henveen the minimum monthly payment and the total amounts owed at a monthly rate on my other Federal Perkins loans. If each school holding my outstanding Federal Perkins loans exercises the minimum monthly payment option, the minimum monthly repayment will he divided among the schools in proportion to the amount of principal advanced by each school. FORBEARANCE - Upon making a properly documented written request to the school, I am entitled to forbearance of principal and interest or principal only, renewable at intervals up to 12 months for periods that collectively do not exceed three years, under the following conditions: If my monthly Title IV loan debt burden equals or exceeds 20% of my total monthly gross income: if the Secretary authorizes a period of forbearance due to a national military mobilization or other national emergency: or if the school determines that I qualify due to poor health or for other reasons. including service in AmenCorps. Interest accrues during any period of forbearance. DEFERMENTS - Upon making a properly documented written request to the school. I may defer making scheduled installment payments and will not be liable for any interest that might otherwise accrue 1) during any period that I am: enrolled and attending as a regular student in at least a half-time course of study at an eligible school: enrolled and attending as a regular student a graduate fellowship program approved by the Secretary: engaged in graduate or post-graduate fellowship-supported study outside the US: enrolled and attending a rehabilitation training program for disabled individuals approved by the Secretary: engaged in public service that quakes me to have part or all of my loan canceled: 2) for a period not to exceed three years during which I am seeking but unable to find full-time employment, 3) for a period not to exceed three Years during which I am experiencing an economic hardship as determined by the school. I am not eligible for a deferment while serving in a medical internship or residency program. I may continue to defer making scheduled installment payments and will not be liable for any interest that right otherwise accrue for a six-month period immediately following the expiration of any defement period described in this paragraph- CANCELLATIONS - U. naking a properly documented written request to the school, I am entitled to have up to 100% of the original principal loan amount of this loan canceled if I periorm qualifying service to the areas listed- in paragraphs A, B, C, D and E below. Qualifying Service must be performed after I receive the loan. A. Teaching • a full-time teacher in a public or other nonprofit elementary or secondary school. that has been designated by the Secretary in accordance with the provisions of section 465(a)(2) of the Act as a school with a high concentration of students from low-income families. An official Directory of designated low-income schools is published annually by the Secretary. • a full- time special education teacher in a public or nonprofit elementary or secondary school system. • a full-time teacher, in a public or other nonprofit elementary or secondary school system, who teaches mathematics, science, foreign languages. bilingual education, or any other field of expertise that is determined by the State Department of Education to have a shortage of qualified teachers In that State. B. Early Intervention Services • a full-time qualified professional provider of early intervention services in a public or other nonprofit program under public supervision by a lead agency as authorized by section 672(2) of the Individuals with Disabilities Education Act. Early Intervention Services are provided to infants and toddlers with disabilities. C. Law Enforcement or Cormtions Officer • a full-time law enforcement officer for an eligible local, State, or Federal law enforcement agency: or • a full-time corrections officer for an eligible local, State, or Federal corrections agency. D. Nurse or Medical Technician • a full-time nurse providing health care services; or • a full-time medical technician providing health care services. E. Child or Family Service Agency • a full-time employee of an eligible public or private non-profit child or family service agency who is providing or supervising the provision of services to high-risk children who arc from low- income communities and the families of such children. Cancellation Rates - For each completed year of service under paragraphs A, B. C, D and E a portion of this loan will be canceled at the following rates: • 15% of the original principal loan amount for each of the first and second Years: • 20% of the original principal loan amount for each of the third year and fourth years: and • 30% of the original principal loan amount for the fifth year. F- Head Stan Cancellation - Upon making a properly documented written request to the school, I am entitled to have up to 100% of the original principal loan amount canceled for qualifying service performed after I receive the loan as: • a full-time staff member in the educational component of a Head Start program which is operated for a period comparable to a full school year and which pays a salary comparable to an employee of the local educa- tional agency. Cancellation Rate - For each completed year of service under the Head Start Cancellation provision. this loan will be canceled at the rate of 15% of the original principal loan amount. G. Military Cancellation - Upon making a properly documented written request to the school, I am entitled to have up to 50% of the principal amount of this loan canceled for qualifying service performed after I receive the loan as: • a member of the Awned Forces of the United States in an area of hostilities that qualifies for special pay under section 310 of Tide 37 of the United States Code. Cancellation Rate - For each completed year of service under the Military Cancellation provision, this loan will be canceled at the rate of 12 1/2% of the original principal loan amount. H. Volunteer Service Cancellation - Upon making a properly documented written request to the school. I am entitled to have up to 70% of the original principal loan amount of this loan canceled for qualifying service performed after I received the loan as: - a volunteer under the Peace Corps Act: - a volunteer under the Domestic Volunteer Service Act of 1973 (ACTION programs). Cancellation Rate - For each completed year of service under the Volunteer Service Cancellation provision, a portion of this loan will be canceled at the following rates: • 15% of the original principal loan amount for each of the first and second 12-month periods of service: and • 20% of the original principal loan amount for each of the third and fourth 12-month periods of service. 1. Death and Disability Cancellation - In the event of my death, the school will cancel the total amount owed on this loan, If I become permanently and totally disabled after I receive this loan. the school will cancel die total amount owed on this loan. Exhibit B FEDERAL PERKINS L04N 00273-000 1-3245-09 PROMISSORY NOTE r .t: a e, ., 1. Name (last, first, middle initial) and Permanent Address (street, city, state, zip code) Griffin, Baruke B. 317 E. 29th Street Baltimore, MD 21218-4118 6. School Name & Address (street, city, state, zip code) Dickinson College P.O. Box 1773 Carlisle, PA 17013-2896 2. Social Security Number 2I?e- Oil- 3. Date of Birth lu lu 1 1cn,4, 4. Area Codeffelepholne Number 5. Driver's License Number (List state abbreviation first) Status 8. Interest Rate LHare-timeorgreater ?less than far-time 5% 9. Loan Amount: 10. Loan Period $2,000.00 11997-1998 TERMS AND CONDITIONS. IAny bracketed clause or paragraph may be included at option of institution) APPLICABLE LAW - The terms of this note and any disbursements made under this note shall be interpreted in accordance with Part E of Title IV of the Higher Education Act of 1965, as amended (hereinafter called the Act). as well as Federal regulations issued under the Act. All surrs advanced under this note are subject to the Act and Federal regulations issued under the Act. REPAYMENT - I am obligated to repay the principal and the interest that accrues on it to the above-named institution (hereinafter called the school) over a period beginning 9 months (or sooner if 1 am a less than a half-time borrower) after the date I cease to be at least a half-time student at an Institution of higher education or a comparable school outside the United States approved by the United States Secretary of Education (hereinafter called the Secretary) and ending 10 years later. unless I request in writing that my repayment period begin sooner. I understand that the school will report the amount of my installment payments, along with the amount of this loan to a national credit bureau. Interest on this loan shall accrue from the beginning of the repayment period. My repayment period may be shorter than 10 years if I am required by my school to make minimum monthly payments. Upon my written request my repayment period may be extended during periods of deferment, hardship, or forbearance and I may make graduated installments in accordance with a schedule approved by the Secretary. I will make my installment payments in equal monthly, bimonthly or quarterly installments as determined by the school. The school may round my installment payment to the next highest multiple of $5. (1 will make a minimum monthly repayment of $40 (or $30 if 1 have outstanding Federal Perkins loans made before October 1. 1992 that included the $30 minimum payment option) in accordance with the Minimum Monthly Payment Section of the Terms and Conditions contained on the reverse side of this document.) LATE CHARGES - The school will impose late charges if I do not make a scheduled payment when due or if 1 fail to submit to the school on or before the due date of the payment, a properly documented written request that I qualify for any of the forbearance, deferment or cancellation benefits as described below. No late charges may exceed 20% of my monthly, bimonthly or quarterly payment. The school may add the late charges to principal the day after the scheduled repayment was due or include it with the next scheduled repayment after I have received notice of the charge, and such notice is sent before the next installment is due. REQUESTS FOR DEFERMENT, CANCELLATION OR FORBEARANCE - To receive deferment, cancellation, or forbearance benefits, I must make a written request to the school and must submit to the school any documentation the school requires to prove my eligibility for these benefits. I am responsible for submitting the appropriate requests on time. and 1 may lose my benefits if 1 fail to file my request on time. DEFAULT - If I fail to make a scheduled payment when due; if 1 fail to submit to the school, on or before the due date of a scheduled payment, documentation that I qualify for a deferment. cancellation, or forbearance: or if I fail to comply with the terms and conditions of this promissory note or written repayment agreement. the school may, at its option. declare my loan to be in default and may accelerate my loan (demand immediate payment of the entire unpaid balance of the loan, including principal. interest. late charges. and collection costs). The school. and the Secretary, if my loan is assigned to the Secretary for collection, shall disclose to credit bureau organizations that I have defaulted and all other relevant loan information. 1 will lose my right to defer payments and my right to forbearance if I default on my loan. I will lose my right to receive cancellation benefits for service that is performed after the date the school accelerated the loan. I will be ineligible for any further federal student financial assistance authorized under the Act until I make arrangements that are satisfactory to the school or the Secretary to repay my loan. CHANCE OF STATUS - I will inform the school of any change in my name, address, telephone number, Social Security number, or driver's license number. ASSIGNMENT - This note may be assigned by the school only to the United States. The provisions of this note that relate to the school shall where appropriate relate to the assignee. PROMISE TO PAY: I promise to pay the school, or a subsequent holder of the Promissory Note, the sum of amount(s) advanced to me under the terms of this Note, plus interest and other fees which may become due as provided in this Note. I promise to pay all reasonable collection costs, including attorney fees and other charges. necessary for the collection of any amount not paid when due. I will not sign this Note before reading it, including the provisions on the reverse side. This loan has been made to me without security or endorsement. My signature certifies I have read, understand, and agree to the terms and conditions of this Promissory Note. THIS IS A LOAN(S) THAT MUST BE REPAID n Borrower's Signatur Dafe. ? EXHIBIT "B" Exhibit C SEP 012000 DICKINSON COLLEGE FLEXIBLE FINANCING SYSTEM - PLAN B EDUCATIONAL GOODS AND SERVICES RETAIL INSTALLMENT CONTRACT 115-D/ March 6, 2000 1. Seller: Dickinson College, Carlisle, Pennsylvania 17013-2896 Buyer(s): Mr. Baruke B. Griffin 3112 Greenmount Ave Baltimore, MD 21218 If there is more than one Buyer, each of you will be obligated, jointly and severally, for all sums due and for the performance of all agreements as provided in this Educational Goods and Services Retail Installment Contract.(the "Contract"). Under the terms of this Contract, you have agreed to pay the expenses incurred for Goods and Services (as hereinafter defined) to be provided and rendered, as the case may be, to Baruke B. Griffin (hereinafter "Student") during his/her enrollment at Dickinson College during the 2000 academic year, including tuition, room and board, books and supplies as herein stated (collectively the "Goods and Services"). II. TERMS OF PAYMENT AND PAYMENT SCHEDULE Disclosures Required by Federal Law ANNUAL FINANCE AMOUNT TOTAL OF PERCENTAGE CHARGE: FINANCED: PAYMENTS: RATE:* Dollar amount Amount of credit Amount paid by Cost of credit as credit will provided by Buyer as total yearly rate cost buyer Dickinson College of all scheduled payments 8.75 % $ 1,624.64 $ 3,000.00 $ 4,624.64 Rev 10/99 TOTALSALE PRICE: Total cost of purchase on credit, including down payment of $ 26,735.00 $ 29,735.00 EXHIBIT "C" Griffin Number of Payments 128 When Payments are Due $ 36.13 Monthly commencing 03/28/00 until 11/28/12 *Variable Rate: The initial ANNUAL PERCENTAGE RATE disclosed above is a variable rate and may change(increase or decrease) from time to time. The ANNUAL PERCENTAGE RATE may increase or decrease during the term of this transaction if the prime rate of interest announced in the Wall Street Journal as of the close of business on June 30 of each calendar year increases or decreases, and will be increased or decreased to the prime rate plus 1%. The ANNUAL PERCENTAGE RATE will not increase, or decrease, more than once a year, and the new interest rate will become effective on July 1 following the increase or decrease, if any, in the prime rate of interest. Any increase will be in the form of higher payment amounts. If your cost of the Goods and Services sold hereunder were $3,000.00 at 8.75% per annum for 128 months and the prime rate plus 1% were increased to 9.75%, your regular monthly payments would increase to $37.79. Further, the ANNUAL PERCENTAGE RATE will not increase to more than 18% or such other rate as may be permitted under Pennsylvania law. Late Charge: If a payment is more than 15 days late, a sum equivalent to 5% of the late payment (but no more than $2.50 and not less than $1.00) may be charged. Prepayment: Buyer may prepay the unpaid balance of the AMOUNT FINANCED and any FINANCE CHARGE due through the date of early payment, in full or in art, without penalty. SEE SECTION VI OF THE CONTRACT BELOW FOR ANY ADDITIONAL INFORMATION ABOUT NON- PAYMENT, DEFAULT AND REQUIRED REPAYMENT BEFORE THE SCHEDULED DATE FOR REPAYMENT OF THE AMOUNT FINANCED. 111. ITEMIZATION OF AMOUNT FINANCED Cash price of Goods and Services: $ 2. Total down payment: 3. Unpaid balance of cash price (1 - 2): 4. Amount paid to others on Buyer's behalf: 5. Amount Financed (3 + 4): Buyer's payment schedule will be as follows: Amount of Payments 29,735.00 26,735.00 3,000.00 -0- 3,000.00 IV. CREDIT INSURANCE Credit life insurance for the term of this Contract is not required, V. NO WARRANTIES THERE ARE NO WARRANTIES, EITHER EXPRESSED OR IMPLIED, GIVEN BY SELLER IN CONNECTION WITH SALE OF THE GOODS AND SERVICES COVERED BY THIS CONTRACT UNLESS BUYER HAS BEEN GIVEN A SEPARATE WRITTEN WARRANTY. VI. ADDITIONAL PROVISIONS 1. Buyer agrees to pay Seller the Total Sale Price by making the total down payment and paying Seller the Total of Payments in the number and amount of monthly payments shown in the Payment Schedule. Payments are due on or before the same date of each month as the first payment date. Payments must be made to EFG Technologies, Inc, at the following address: EFG Technologies, Inc. PO Box 2901 Winston-Salem NC 27102 2. Buyer's legal rights include the right to pay all or part of the amounts due on this Contract in advance of their due dates, to obtain a refund or credit of unearned Finance Charge whenever the amount is paid in full in advance, and (with Seller's consent) to reinstate the Contract if Buyer timely cures any default. 3. Buyer shall be deemed to have committed an "Event of Default" of the Contract upon the occurrence of any of the following: (a) failure to make any payment on or before the date it is due, (b) failure to make a payment on any other Contract outstanding with Seller, (c) failure to perform any other provision of the Contract, (d) providing Seller with false information or signatures, (e) death, incompetence, or conviction of any Buyer of crime involving fraud or dishonesty, (f) insolvency or bankruptcy of any Buyer. 4. Upon or after the occurrence of any Event of Default, Seller will provide Buyer with notice, by certified mail as required by law, addressed to Buyer's last loaown address as shown on Seller's records, advising Buyer of the default and of Buyer's right to cure the default. The notice will provide the time, amount and performance necessary to cure the default If Buyer does not cure the default as provided in the notice, Seller's rights shall include the right to declare all sums due on the Contract to be immediately due and payable. The Buyer agrees to pay all attorney's fees and other reasonable collection costs and charges necessary for the collection of any amount not paid when due. 5. Waiver by Seller of any Event of Default shall not be binding upon Seller if Seller should thereafter choose to exercise that or any other right or a similar Event of Default occurs later. All Seller's rights and remedies shall be cumulative. Seller's exercise of one or more rights shall not cause Seller to lose any other rights. 6. This Contract is freely assignable by Seller. Buyer agrees that upon receiving notice of the assignment Buyer shall be obligated to the Assignee of this Contract, which Assignee shall have all of Seller's right and remedies. If any part of this Contract is held to be illegal, void or unenforceable, that provision shall be deemed not to have been a part of this Contract, which shall otherwise remain fully effective. 8, APPLICABLE LAW: This Agreement, whenever called upon to be construed, shall be governed by the domestic internal laws of the Commonwealth of Pennsylvania except to the extent supplemented, superseded or preempted by federal law. 9. CONSENT TO JURISDICTION, VENUE AND SERVICE: The parties to this Agreement consent and agree that all legal proceedings relating to the subject matter hereof shall be maintained in the Court of Common Pleas of Cumberland County, Pennsylvania, or, if applicable, the United States District Court of the Middle District of Pennsylvania, and all parties hereto consent and agree that jurisdiction and venue for such proceedings shall lie exclusively within said court. Service of process in any such proceeding may be made by certified mail, return receipt requested, directed to the respective party at the address set forth above. 10. This Contract shall be binding upon the parties hereto, their heirs, successors, assigns and legal representatives. 11. TIME IS OF THE ESSENCE OF THIS CONTRACT. NOTICE: ANY HOLDER OF THIS CONSUMER CREDIT CONTRACT IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH THE DEBTOR COULD ASSERT AGAINST THE SELLER OF GOODS OR SERVICES OBTAINED PURSUANT HERETO OR WITH THE PROCEEDS HEREOF. RECOVERY HEREUNDER BY THE DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR HEREUNDER. NOTICE TO BUYER: (1) DO NOT SIGN THIS AGREEMENT BEFORE YOU READ IT OR IF IT CONTAINS ANY BLANK SPACE. (2) YOU ARE ENTITLED TO A COMPLETELY FILLED-IN COPY OF THIS AGREEMENT. (3) UNDER THE LAW, YOU HAVE THE RIGHT TO PAY OFF IN ADVANCE THE FULL AMOUNT DUE AND UNDER CERTAIN CONDITIONS TO OBTAIN A PARTIAL REFUND OF THE FINANCE CHARGE. BUYER(S) ACKNOWLEDGE(S) RECEIVING A COMPLETED COPY OF THIS CONTRACT AND INTEND(S) TO BE LEGALLY BOUND BY ITS TERMS...???l BUYER(S): !7m 1Q l_ I AGREE TO REPAY ALL AMOUNTS DUE ON THIS LOAN IF THE BORROWER(S)BUYER(S) FAILS TO DO SO IN ACCORDANCE WITH THE TERMS OF THE NOTE: STUDENT COSIGNER TRANSCRIPT OF A STUDENT'S RECORD WILL NOT BE RELEASED IF LOAN PAYMENTS TO THE COLLEGE ARE IN ARREARS OR DEFAULT. DATE: Plan a DICKINSON COLLEGE CI-1-00 BY 4 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 l 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 o_ Thomas Meyer Assistant Treasure ickinson College Dated: F.\FILES\DATAFILE\Dickinson College 7619\DickinsonColl,,CO11tttions7619QDocuments\I38.wml s J k4? F:\FILES\ ATAFILE\ ckimm College ]619\ ickmmCollege Umtiom76190Docu u\138.p,.Vtde Created- 10/10/0202465OPM Revived: 08/05/03 1156:00 AM 7619c27 DICKINSON COLLEGE, Plaintiff V. BARUKE B. GRIFFIN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-3350 - CIVIL ACTION-LAW JURY TRIAL OF TWELVE DEMANDED PRAECIPE TO DOCUMENT SERVICE AND COST OF SERVICE PURSUANT TO THE PENNSYLVANIA LONG ARM STATUTE I hereby certify that a copy of the Complaint was mailed to Baruke B. Griffin on July 15, 2003, by certified mail, restricted delivery, return receipt requested. Attached is the Post Office return receipt signed "Baruke Griffin," dated July 30, 2003 and a copy of the receipt showing the cost of service was $8.61. MARTSON David R. Galloway, Esgi I.D. No. 87326 Ten East High Street Carlisle, PA 17013-3093 (717) 243-3341 WILLIAMS & OTTO Date: August 5, 2003 Attorneys for Plaintiff ¦ Complete Items 1, 2, and 3. Mao complete Rem 4 if Restricted Delivery is desired. ¦ Print your name and address on the reverse so that we can return the card to you. ¦ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: 2?-, %F 3112 ??cet ?rrau.c fCZue:LCCe? 7619c. 13,1' 2. Article Number (Irransfer from service label) PS Form 3811, August 2001 A Signature X t ,( _qAddressee eceived by rf ) B R (PP C. Date of Delivery g lv '/??' ` D. Is delivery addrsss d rrom item f ? E3 Yes If YES, enter delivery address below: ? No 3. Type M'Cartified Mall 0 Express Mail 0 Registered 0 Return Receipt for Merchandise 0 Insured Mail 0 C.O.D. a. Restricted Delivery? (Extra Fee) i161-16s 7003 1010 0001 1202 7537 Domestic Return Receipt ul • . u I? Nr.. .rr.rl r. ...'./wz. 171 4•.alll: aY51r.w ..re1Ta: r, a'. :' ¦ •e..: e,: 4 •St? ru -- ?la'f%Q I r-q Pe,mge a C3 CerlHled Fee o SFr C3 Realm Re quire PO (FSdorea nt C3 1, S t' \ ;ddi!1? d Detr Delivery Required) ReeMgted Fee O (Endorsement Required) Postage a Fees Total P $' C3 rlGigc. /?? D Sent Ta ?{ e'J? emu !/ a. - --- ------ ---- -- - orPo6oxNO. -'?/Z - -------- ---------------------------------- 'iry:lave v:atn u•wearc 102595-02-M-1035 CERTIFICATE OF SERVICE I, Tricia D. Eckenroad, an authorized agent for Martson Deardorff Williams & Otto, hereby certify that a copy of the foregoing Praecipe was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Mr. Baruke B. Griffin 3112 Greemnount Avenue Baltimore, MD 21218 MARTSON DEARDORFF WILLIAMS & OTTO 0 By .. ncia D. Eckenroad Ten East High Street Carlisle, PA 17013 (717) 243-3341 4- ?& Dated: August 5, 2003 P.\FILES\DATAPILE\Dickiosnn College"1619\DickinsonCollegeCollections76190DO umenis\138.pra2\moi`? Cremoci 9119/03 944AM Revised' 9125103 940AM 7619C 138 DICKINSON COLLEGE, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. BARUKE B. GRIFFIN, Defendant TO THE PROTHONOTARY: NO. 03-3350 CIVIL ACTION-LAW JURY TRIAL OF TWELVE DEMANDED PRAECIPE Enter default judgment in the above-captioned action in favor of Plaintiff and against Defendant, Baruke B. Griffin in the amount of $13,883.53 plus interest from June 12, 2003 in the amount of $122.72, attorney and collection fees in the amount of $1,050.00 fora total of $15,056.25, plus costs of suit and interest from date of judgment accruing at $1.18 per day for Defendant's failure to file an answer to the Complaint. I do hereby certify that a written notice of intention to file this Praecipe (in the form attached hereto) was mailed to the Defendant at the address indicated thereon, on September 2, 2003, which date was subsequent to the date default occurred and at least ten (10) days prior to the date of the Praecipe. MARTSON David R. Galloway, I. D. Number 87326 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff WILLIAMS & OTTO Dated: September 25, 2003 -1 1. DICKINSON COLLEGE, Plaintiff V. BARUKE B. GRIFFIN, Defendant TO: BARUKE B. GRIFFIN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-3350 CIVIL ACTION-LAW JURY TRIAL OF TWELVE DEMANDED NOTICE OF ENTRY OF DEFAULT JUDGMENT You are hereby notified that on DR i c 2p.; , the following Judgment was entered against you in the above-captioned case: In favor of Plaintiff and against Defendant, Baruke B. Griffin in the amount of $13,883.53 plus interest from June 12, 2003 in the amount of $122.72, attorney and collection fees in the amount of $1,050.00 for a total of $15,056.25, plus costs of suit and interest from date of judgment accruing at $1.18 per day for Defendant's failure to file an answer to the Complaint. Date: 9/02S/&6 k. 4 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. Baruke B. Griffin 3112 Greenmount Avenue Baltimore, MD 21218 R\PILBS\DATAFlL2\IXckicson College 7619\DickinsonCollegeColiections7619C\wOC .m ""s 138 nol I Irrai Created. 10110/02 0246.50 PM Revved. 09103/03 08'.59'.31 AM 7619e . 138 DICKINSON COLLEGE, Plaintiff V. BARUKE B. GRIFFIN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-3350 - CIVIL ACTION-LAW JURY TRIAL OF TWELVE DEMANDED NOTICE OF INTENTION TO FILE PRAECIPE FOR ENTRY OF DEFAULT JUDGMENT YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP: Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 MARTSON a O Date: September 3, 2003 V Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff WILLIAMS & OTTO CERTIFICATE OF SERVICE I, Marti Iben, an authorized agent for Martson Deardorff Williams & Otto, hereby certify that a copy of the foregoing Praecipe was served -his date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Mr. Baru,<e B. Griffin 3112 Greentrount Avenue Baltimore, MD 21218 MARTSONDEARDORFF WILLIAMS & OTTO By / Marti Then Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: September 3, 2003 U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FOR INSURANCE - POSTMASTER Rom One piece of //o/rrrddiJinary mail addressed to ?). L/",IL.GL??7 ?//? ?rCP/,(7ZC.?L!//? l?Lc?e?OGUe PS Form 3817, Mar. 1989 7?Lw, / '?' '?/ c R1 f t' CD r M F:\FILES\Clients\DickinsonCollege7619\Collections\Current\ I38\7619C.138.pra Christopher E. Rice, Esquire I.D. No. 90916 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiffs DICKINSON COLLEGE, Plaintiff V. BARUKE B. GRIFFIN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-3350 - CIVIL ACTION-LAW JURY TRIAL OF TWELVE DEMANDED PRAECIPE To the Prothonotary: Please mark the judgment in the above-captioned matter satisfied and the action discontinued. MARTSON LAW OFFICES By: Christopher E. Rice, Esquire I.D. No. 90916 10 East High Street Carlisle, PA 17013 (717) 243-3341 Date: c9- / 7 - 01 Attorneys for Plaintiff CERTIFICATE OF SERVICE I, Mary M. Price, an authorized agent for Martson Law Offices, 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: Baruke B. Griffin 5400 White Main Columbia, MD 21045 MARTSON LAW OFFICES By: M. Price Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: This a debt collecting firm. Any information obtained will be used for that purpose. rr, ?. ter' ; cc