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Home My WebLink About03-3685DICKINSON COLLEGE, Plaintiff V. JODY B. PANIAN, Defendant 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 3 e,' ct 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 Date: MARTSON DEARDOPi~WILLIAMS & OTTO Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff DICKINSON COLLEGE, Plaintiff JODY B. PANIAN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. O~ - 3go ~5j CIVIL ACTION-LAW JURY TRIAL OF TWELVE DEMANDED COMPLAINT AND NOW, comes Plaintiff Dickinson College by and through its attorneys, MARTSON DEARDORFF WILLIAMS & OTTO, and hereby avers as follows: 1. Plaintiff Dickinson College is a Pennsylvania educational institution and nonprofit corporation with its principle place of business at West Street, Post Office Box 1773, Carlisle, Cumberland County, Pennsylvania 17013. 2. Defendant is an adult individual with a last known address of 1 l Willamsburg Building, Hershey, Dauphin County, Pennsylvania 17033-2241. 3. On or about November 5, 1987, 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 orS 1,200.00, plus interest and costs by Defendant on his own behalf, for educational services and benefits at Plaintiff's institution. 5. On or about December 5, 1988, Defendant entered into a 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 ors 1,500.00, plus interest and costs by Defendant on his own behalf, for educational services and benefits at Plaintiff's institution. 7. On or about December 6, 1989, Defendant entered into an additional Promissory Note - Federal Perkins Loan Program (Note #3) with Plaintiff. A copy of Note #3 is attached hereto as Exhibit "C." 8. Note #3 provided for the financing of $750.00, plus interest and costs by Defendant on his own behalf, for educational services and benefits at Plaintiff's institution. 9. On or about November 2, 1990, Defendant entered into a Promissory Note - Federal Perkins Loan Program (Note #4) with Plaintiff. A copy of Note #4 is attached hereto as Exhibit "D." 10. Note #4 provided for the financing of $1,750.00, plus interest and costs by Defendant on his own behalf, for educational services and benefits at Plaintiff's institution. 11. Note #1, Note 2, Note 3, and Note #4 are funds created under Part E of Title IV of the Higher Education Act of 1965 as amended, (hereinafter the "Act") and are subject to the Act and the Federal Regulations issued under the Act. 12. As provided in the Act, Plaintiff acts in a fiduciary capacity in the handling, disbursing and collecting of funds associated with the programs under the Act. 13. The total principal for Note #1, Note #2, Note #3, and Note #4 is $5,200.00. 14. Note #1, Note #2, Note #3, and Note #4 grant Plaintiff reasonable collection and attorney's fees which Plaintiffhas calculated to be $780.00. 15. As of July 16, 2003, the principal and interest due and payable by Defendant to Plaintiff was $2,789.81, plus interest accruing thereafter at $.32 per day. 16. As of July 16, 2003, the outstanding balance of $2,789.81 represents the total and actual overdue value of the financing provided to Defendant under Note #1, Note #2, Note #3, and Note #4 for which Defendant has yet to pay. 17, Plaintiff has fulfilled, performed and complied with all obligations and conditions of Note #1, Note #2, Note #3, and Note #4. COUNT I BREACH OF CONTRACT 18. Plaintiff hereby incorporates by reference the averments contained in Paragraphs 1 through 17 of this Complaint. 19. Defendant breached the expressed and implied obligations, conditions and terms of agreement of Note #1, Note #2, Note #3, and Note #4 by failing to pay the amounts financed therein. WHEREFORE, Plaintiff demands judgment against Defendant in the amount of $2,789.81, plus interest accruing at $.32 per day, collection and attorneys' fees in the amount of $780.00 and costs of suit. COUNT II IN QU,'INTUM MER UIT 20. Plaintiff hereby incorporates by reference the averments contained in Paragraphs 1 through 19 of this Complaint. 21. Having requested Plaintiff to loan money, and doing so to the benefit of Defendant, Defendant became liable to Plaintiff for said money. 22. Defendant has been unjustly enriched by accepting said money without paying Plaintiff reasonable compensation therefor. 23. As of July 16, 2003, the total amount by which Defendant has become enriched is $2,789.81, plus interest accruing at $.32 per day from July 16, 2003. WHEREFORE, Plaintiffdemands judgment against Defendant Jody B. Panian in the amount of $2,789.81, plus interest in the amount of $.32 per day from July 16, 2003, collection and attorneys' fees in the amount of $780.00 and costs of suit. Date: "//:~t,/oB ~,~~~MARTSONR. Galloway DEARDORF LLIAMS ~& OTTO I.D. Number 87326 Ten East High Street Carlisle, PA 17013-3093 (717) 243-3341 Attorneys for Plaintiff NDSL - TRUTH-IN-LENDING STATEMENT DICKINSON COLLEGE Account Number Name of Borrower Address 000-00-2321-07 Jody B. Panian 1613 Hunter Street Harrisburg, PA 17104 ANNUAL PERCENTAGE RATE The cos~ of your credit as a yearly rate. AMOUNT PINAN C~D The amount of credit provided to you. Prior to Du~lng repaMment repayment 0 % 5 % $ 1,200.00 Itemization of the Amount Financed: $ 1.200.00 Amount given directly to you. Late Charge: Prepaymenti If a payment is late, you may be charged: $1.00 for =he first late payment, and $2.00 for each subsequent late payment if this loan is payable monthly, $3.00 for each late payment if this loan is payable bimonthly, $6.00 for each late payment if this loan is payebl~ quarterly. If you pay off early, you will not have to pay a penalty. See your prom/ssory note for any additional information about nonpayment, de- fault, any required repayment in full before ~he scheduled date, and pre- payment. THE BORROWER ACKNOWLEDGES RECEIPT OF AN EXACT COPY OF THIS STATEMENT. STUDENT INSTITUTIONAL P~EP RE S ENTATIVE EXHIBIT "A" DICKINSON COLLEGE CARLISLE, PENNSYLVANIA 17013 PROMISSORY NOTE PERKINS LOAN PROGRAM 1, ,3ody g. P afl J aR promise to pay to Dickinson College (herein after called the Lending Institution) located at Carlisle, Pennsylvania 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 attorney's fees and other reasonable collection costs and charges necessary for the collection of any amount not paid when due. I further understand and agree that: I. GENERAL (1) Auolieable Law. All suing advanced under th;, note are drawn from a fund created under Part g of Title IV of the Higher Education Act of 196~. as amended, herclnafter culled the Act, and are subject to the Act and the Federal Regulations issued under the Act. The term~ of thi* note shall be inter- preted in ~cco~lanc~ with the Act and Federal R~gelarions, copies of which am to be kept by the L~nding Insritution. (2) Procedures for Recelvlnt Deferment or Cancellation. I understand that in order to r~ceive a deferment or cancellation, I must request the deferment or cancellation in writing from the L~eding Institution, and must submit to the L~nding Institution any documentation r~lulced by the L~nding Institution to p~ that I qualify for the deferment or cancellation. I further understand that if I am eligible for deferment or cance[larion under A~iclce VI through XL am responsible for submitting the appropriate requests on time. I further understand that I may I~ my deferment and cancellation benefits if I fail to file my request on time. II. INTEREST Interest shull accrue from tim beginning of thc r~ayment pet~d and shall be at the ANNUAL PERCENTAGE RATE OF FIVE PERCENT (.5%) on the unpaid balance, except that no interest shall accrue during any deferment period described in paragraph VI(l). IH. REPAYMENT (1) I promise to repay the principal and the interest which accrues on it to the L~nding Institution o~r a period beginning 9 months after the date I cease to be at least a haif-rinte student at an institution of higher education, or at a comparable in~ritetion outside the United States appeo~ed for this purpc~e by the United States Sec.mmv/of Education (hereinafter called the Sccmtav/), and ending, unless paragraphs !I1(4), IXI(5), III(T), or VI(l) applies, 10 years later. (2) Upon my written request, the repayment period may start on a date earlier than the one indicated in paragroph IIx(l). (3)(A) I p~-ni~ to repay the principal and inter~st over the coupe of the repayment period in equal monthly, bimonthly or quarterly installments as deter. mined by the L~nding Institution. I understand that if my monthly payment for all the loans made to me by tim Lending Institurioo is not a multiple of the Lending Institution may round that payment to the ns~ highest dollar amount that is a multiple of ~5. (B) Notwithatunding paragreph IIX(3XA), upon my written request, ~payment maybe made in graduated installments in accordance with a schadula ap- prowd by the Secretav/. (C) The Lendin$ Institution shall attach the'schedule of repayments and the schedule will become part of the note. (4) Notwithstanding paragraph IIX(I), if I quallf~ as a Iow-income individual during the repayment period, the Lending Institution may, upon my written re- quest, extend the~ I~-payment period for up to an additional 10 years, or adjust any repayment schedule to reflect my income, or both. ($)(A) If the monthly rate that would he established under paragraph IIx(l), or the total monthly repayment rate of principal and interest on all my Perkins Loans including this loan, is less than ~0 per month, 1 shall repay the princlpel and interest on this loan at the rate of $30 per month (which includes both principal and interest). (5)(B) If I have received Pethins Loans from other institutions and the total monthly repayment rate on thc~e loans is less than ~0, the $30 monthly rate es- tsblished under sublmragmph IXI(5)(A) is the rate I pay on all my outstanding Perkins Loans and is not in addition to the amount I pay on thc~e other loans. The amount of my monthly x~jment rate attributable to this loan is the amount which represents the difference between $~0 and the monthl~ rates I must pay on my other Perkins Loans. (6) The L~nding Institution may permit me to pay less than the rate of .~0 per month for a period of not more than one year where necessav/to avoid hardship to me unless that action would eadend the repayment period in paragraph IIX(Z). (7) The Lending Institution may, upon my written request, reduce any scheduled repayments or extend the ~payment period indicated in paragraph 111(1), if, in its opinion, exu~ordina~¥ circumstances such as prolonged ilines~ or unempk~nent, prevent me f~n making the scheduled x~myments. Ho~vever, in- IV..PREPAYMENT (I) I may, at my option and without penalty, p~pny all or any pe~ of the principal, plus the accrued interest thereo~, at any time. (2) Amounts I repey in the acndemle y~qr in which the loan was made will be used to t~luce the amount of the loan and will not be considered a p~payment. (3) If I ~ mo~e than the amount due for any installment, the excess will be used to prepay principal unlesa I designate it as an advance payment of ne~t regular installment. V. DEFAULT (1) The Lending 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 i~nclpul, inta~t~ and Jata cha~ if - (A) I do not maha a scheduled p~ent when it is due, and (B) I do not submit to the Lending institution on or before the date on which payment is due, documentation that [ qualify for a defennetu or cancellation det, c~bnd in Articles VI, VIL VIIX, IX~ X, or XI of this ag~ement. (2) I understand that if I default on my lean repayments, the Lending Institution may disclose that I hav~ defaulted, along with other relevant information, to (3) Further, I understand that if I default on my loan repayment and the loan is sent to the Sccretev/for collection, the Secmtav/may disclose that I have defaulted, along with other relevant information, to credit bureau organizations. (4) I understand that if the Lending Institution accelerates the loan under paragraph V(I), I will lose my cancellation and deferment benefits for set'vice per- formed after the data the Lending Institution accelerated the loan. (~5) I understand.that failure !o Imy this obligation under the terms agrend upon will prevent my c~otaining additional student financial aid authorized under title .~. of the Htgber Education Act of 1965, as amended, untd I have made arrangements whtch are satisfactory ~o the L~ndmg Institution or the Secretav/ regarding the repayment of the loan. VI. DEFERMENT (1) Inter~st will not accrue, and installments of principal need not be paid - (A) While I am enrolled and in attendance as at least half-time student at an institution of higher education or at a comparable institution outside the United States app~o~-d for this pa~2se by the Seccetu~, (B) For a period of thre~ (3) ~".ara during which I am - (i) On full-time acriw duty as a member of the Armed Fo~es of the United States (Army, Navy, Air Force, Marine Co~as, or Coast Guard) Or the Na- tionid Oceanic and Atmospheric Administration Cor~, or as an officer on full-time active duty in the Commissioned Corps of the United States Public Health Sen, ice, (ii) In service as a ~olunteer under the Peace Corps Act, (iii) A volunteer under the Domestic Volunteer Service Act of l~r3 (AC"~ION programs), (iv) A full-time volunteer in a tax=e~empt orgnnization performing service comparable to the service performed in the Peace Co~l~ or under the Domes. tic Volunteer Service Act of 19'/3, or (v) Temporarily totally disabled as established by an affidavit of a qualified physician, or unable to s~cure employment because 1 am providing care quired by a dependent who is so disabled; is required in order that I may receive professional recognition required to begin my professional practice or service, or serving in an internship or residency program leading to a degree or certificate awarded by an institution of higher education, a hospital or a health care facility that offem DO~t~'~duate tr~iniar (iv) A full-time volunteer in a t~x-exempt organization performing se~x4ce comparable to the service performed in the Peace Corps or under the Dome~. tic Volunteer Service Act of 1973, or (v) Temporarily totally disablecl as e~tablishad by an affidavit of a ~]uaJified physician, or unable to secure employment because 1 am providing care re- quited by a dependent who ia ~o disabled; , . (C) For a period not in exce~s of two (2) yea~s after I receive a baccalaureate or professional degree during which time l am ~erving in an internship v~'hlch is r~quired in order that I may receive professional recognition required to begin my prof~ionJl practice or servlc~, or serving in an internship or residency p~ogram leading to a degree or certificate awarded by an institution of higher education, a hospital or a health car~ facility that offers postgraduate training; (D) For a period not in ~xces$ of one (1) year during which ! as a mother of preschool age childrt:n, who has entered or reentered the work force, am being paid at a rate which does not exceed $1.00 above the minimum hourly v-age established by section 6 of the Fair Labor Standard~ Act of 19~8; (E) For a period not in excess of six months if - (i) I am pregnant, caring for my newborn baby, or earing for a child immediately after he or she ~ placed with me through adoption and [ am not at- tending an eligible institution of higher education or being gainfully employed during the six month period, and (ii) I ~ en~ofied as at least a half-time student at an eligible institution within six months of the first day of that period; and (~ During a six (6) month period following the expiration of any deferment p~ovided in para~raph~ VI(I)(.~) through VI(I)(E). (2) The Lending Institution may, upon my written request, defer my scheduled repayments if it determine:~ that the deferment is nece~aly to avid a firmn* einl hard~hip for me. Interest, ho~ver, will continue to accrue VII. CANCELLA'I'ION FOR TEACHING (1) I am entitled to hav~ up to 100 pel~:nt of the amount of this loan plus the interest thereon cancelled if I undertake s~ce. (.~.) As a full-time teacher for a complete academic year in a public or other nonprofit eicmentat-] or secondaly school which is in the school dixtrict o(r a Idol eduentional agency which is eligible in such y=ar of aerAee for funds under Chapter I of the F_.ducation Cor~olidation &nd lmpro~ment Act of 1~1, a~ amended, and which has been de~ignmted by the Secretary (after consultation with each State Department of Education) in aecordnnce with the p~vi$ion~ of section 46.fi(a)(2) of the Act a~ a school with a high concentration of students from Iow-income families. An official Directo~ of designated Jo~v-ineome schools is published annually by the Secretap]. (B) As a full-time teacher of handicapped children (including mentally r~tarded, hard of hearing, deaf, speech and language impaired, visually hand- icapped, seriously emotionally disturbed, orthopedicaily impaired, children with specific learning disabilities, or other healt h-impaired children, who by t~ar~on (2) ~ l~n ~11 be cancelled al the foiling ~: (B) 20 ~ent of thc wtal pfin~l amount pl~ intent on thc un~d ba~nce for thc t~ and fourth ~mplete ~cmic ~m ~ t~t t~chin~ ~cc, (~ ~ ~nt of thc to~l pfind~ amoun~ pl~ ints~i on the un~id bahn~ for the fifth ~mplete ~emic ~r of t~t t~n~ ~cc. (1) I am entitled to h~ up to 1~ ~cnt of Ihe amoum of th~ I~n pl~ thc intent thc~oa ~ncclled if ! un~ke ~ ~ a ~[I-time staff mcm~r a H~d Sma ~m if - (A) ~at H~d Sta~ p~m · ~t~ for a ~d~ ~h ~ ~m~bl~ to a full ~h~l ~r in ~ I~li~, and (B) My ~ h n~ mo~ th~ ~c ~1~ ofa ~m~mblc empire of the I~ ~t~nal (2) ~ l~n ~11 ~ ~ncell~ at the rots of ~ ~nt of the to~ pfinfi~ am~nt pl~ intent on the un~M b~n~ for ~h ~mplete ~h~l ~r or the ~u~lent of ~e in a H~d Sm~ ~. (3) H~d S~ ~ a p~h~l p~ ~ed out under t~ H~d Stuff ~. (Su~pter B, ~apter 8 ~ ~fle ~ of Pub. ~ ~-~, thc Bud~t ~n~lia- (1) I ~ entitled to ~ up W 50 ~nt of th~ pfind~ am0um of th~ l~n pl~ th~ inte~st the~ ~n~ll~ if I ~ ~ a member of the ~ed Fo~es of the Unit~ Smt~ in an ~ of h~tiliti~ that q~lifi~ for ~l ~ under ~ion 310 of ~tle 37 of the United S~t~ (2) ~ I~n ~ll be ~n~ll~ at the rots of 12 1~ ~nt of the to~ pfind~ ~ount ~ intent ~ the un~id baMn~ for each ~mpiets ~r of such (1) I am emitl~ to ~ up W ~ ~m of t~ a~nt ~ thh I~n ~ the inte~ the~on ~11~ if I ufl~a~ ~- (A) ~ a ~lunt~r ~r thc P~ ~ ~; or (A) ~ ~nt ~ the t~ pd~l amount ~ the I~ pl~ inte~ ~ the un~ ~ ~11 ~ ~1~ for t~ f~ and ~d ~-month (1) In the ~nt of ~ d~th, the total am~nt ~ on t~ I~n ~H ~ ~11~ (2) If I ~e toml~ and ~anent~ d~b~ after I ~ th~ I~, t~ ~g l~ti~tion ~li ~ the t~l a~nt of th~ l~n. I am ~ble, ~d a~ enter ~ ~ibl~ for ~oming ~e ~din~ [~fi~ ~ a~ e~ ~ c~n~ in na~, ~ tel~hone number or (A) I do not ~ a ~h~vl~ ~nt ~ it ~ d~. a~ (B) l ~ not s~t to thc ~nding l~fimtion ~ or ~f~ t~ ~ on ~ch ~nt ~ due, ~nmfi~ t~t I q~li~ for a defe~ent or ~ncellati~ (2) No c~ ~ ~ ~n~ (~) ~nt of ~ mont~, b~on~ or q~c~ ~*nt. (i) A~ t~ ~te c~ to the p~ the ~ after the ~dvl~ ~ent ~ d~ or (A) ~ U~ Smt~ ~) ~ot~r i~timti~ u~ ~ ~fer to t~t i~titut~n ~ that i~timtion is ~ting ~ th~ ~; or (2) ~c p~ of th~ note that ~late to the ~ndhg ~timt~n ~a~ ~e~ a~r~r~ ~h~ to an ~i~ ~, P~OR LO~ ~O~ DA~ N~E OF IN~txi~ON L XVI. SCHEDUI.~ OF ADVANCES The follo~/ng amounts were ~lvaneed to mc under thi~ loan a~ement on the dates indicated: AMOUNT DATE ~. $600 7/87 2. $600 12/87 3. SIGNATUI~.E OF BORROWER NOTICI~ TO BORI~OWEP,: DO NOT SIGN 'I'TIIS NOTI~ BEFOR~ 'YOU ~ IT. THE LENDING INSTITUTION MUST SUPPLY TO NOTICE TO BORROWER: DO NOT SIGN THIS NOTE BEFORE YOU RF..AD IT. THE LENDING INbtttUTION MUST SUPPLY TO YOU AND ANY~NDORSER A COPY OF THIS NOTE. ¢rhis nots is signcd a~ a sealed instrument.) SIGNATUR]~ ~,.~l'_'~ ~.~. j~"~(!~/~ Date Permanent Address (Street or BoxNumber, City, Stat¢,aed Zip) //~'/ ~~ ~/0~,~ ~'~ '~ .:~)/ /'I~::~' 5oeialSeeurityNumber(borrow~rm~.$t provide)~'~'~r:' ~- ~-/_, - ~)~'/'~,- '~' The borto~or ami Lt~nding lr~titution shall execute this note without r, ecutity and without endo~ement unless thc bo~r is a minor and this note would not, under the law of the State in which the Lending I~titution is located, create a binding obligation. If the borrower is a minor and this note would not therefore, be legally binding, the Lending l~stitution shall ~equil~ a cosigner to this note: SIGNATURE OF COSI(3NER Date 19 Petmancnt Address (Street or ~ Number, City, State, Zip) (20 U.S.C. 1087dd) (7/87) Format by the National Association of Student Financial Aid Administrators, NDSL - TRUTH-IN-LENDING STATEMENT DICKINSON COLLEGE Account Number Name of Borrower Address 2321-07 Jody B. Panian 1613 Hunter Street Harrisburg, PA 17104 ANNUAL PERCENTAGE The cost of your credit as a yearly race. AMOUNT FINANCED The amount of credit provided to you. repayment repayment 0Z 5 Z $1,500.00 I=emization of the Amount Financed: $.1.500.00 Amount given direc=ly to you.' Late Charge: If a payment is late, you may be charged: $1.00 for ~he firs: lace payment, and $2.00 for each subsequent late payment if this loan is payable monthly, $3.00 for each lace payment if chis loan is payable bimonthly, $6.00 for each lace payment if :his loan is payable quar:erl7. Prepaymenci If you pay off early, you will no: have to pay a penalty. See your promissory note for any additional information about nonpayment, de- fault, any required repayment in full before the scheduled date, and pre- payment. THE BORROWER ACKNOWLEDGES RECEI2T OF A/~ EXACT COPY OF THIS STATEMENT. INSTITUTIONAL REPRESENTATIVE / / EXHIBIT "B" -U/ CARLISLE, PENNSYLVANIA 17013 PROMISSORY NOTE - PERKINS LOAN PROGRAM [Any brack~te~ cla,~lse ~par~graph may be included at option of insti;~ution.] dOGy ~. Fan 1 an promise to pay to Dick i n~on Co 11 ego (hefeinaftar the sum of the amounts that are advanced to me and an- ca edtheLendinglnsttuton ocatedat ~..R~'I'i<;IP) PPnn~ylvmnim dorsed in the Schedule of Advances set forth below. I promise to pay all attorney's fees and other reasonable collection costs and charges necessary for the collection of any amount not paid when due. I further understan~J and agree that: I. GENERAL ~Dmlicadle Law Ail 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 (~lm) ended, hereinafter called the Act, and are subject to the Act and the Federal Regulations issued under the Act. The terms of this note shall be interpreted in accordance with the Act and Federal Regulations, copies of which are to be kept by the Lending Institution. (2) Procedures for Receivin(~ Deferment or Cancellation I understand that in order to receive a deferment or cancellation, I must request the deferment or can- cellation in writing from the Lending Institution, and must submit to the Lending Institution any documentation required by the Lending institution to prove that I qualify for the deferment or cancclJstion. I further understand that if J am eligible for deferment or cancellation under Articles VI through XI, I am responsible for submitting the appropriate requests on time. I further understand that I may lose my deferment and cancellation benefits if I fail to file my request on time. II. INTEREST Interest shall accrue from the beginning of the repayment period and shall be at the ANNUAL PERCENTAGE RATE OF FIVE PERCENT (5%) on the unpaid balance, except that no interest shall accrue during any deferment period described in paragraph VI(I). IlL REPAYMENT I promise to repay the pdnoipal and the interest which accrues on it to the Lending Institution over a period beginning 9 months after the date I cease to be (~It)least a half.time 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 IO years Istar, unless that period is shortened under paragraph i11(5), or ex- tended under paragraphs Itl(4), 111(7) (extensions), or VI(l) (deferments). (2) Upon my written request, the repayment period may start on a date earlier than the one indicated in paragraph Itl(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 detar- mined by the Lending institution. I understand that if my monthly payment for all the loans made to me by the Lending Institution is not a multiple of $5, the Lending Institution may round that payment to the next highest dollar amount that is a multiple of $5. (B) Notwithstanding paragraph 111(3)(A), upon mywritten request, repayment may be made in graduated installments in accordance with a schedule approved by the Secretary. (C) The Lending Institution shall attach the schedule of repayments and the schedule will become part of the note. (4) Notwithstanding paragraph 111(1), if I qualify as a Iow-income individual during the repayment period, the Lending Institution, upon my writtan request, may extend the repayment period for up to an additional 10 years, and may adjust any repayment schedule to reflect my income. [(5)(A) If the monthly rate that would be established under paragraph iii(l), or the total monthly repayment rate of principal and interest on all my Perkins Loans including this loan, is less than $30 per month, I shall repay the principal and interest on this loan at the rate of $30 per month (which inciudas both prin- cipal and interest). (5) (B) If I have received Perkins Loans from other institutions and the total monthly repayment rate on those loans is less than $30, the $30 monthly payment established under subparagraph III(5)(A) includes the amounts J owe on all my outstanding Perkins Loans including those received from other Institutions. The amount of this $30 monthly payment that will be applied to this loan will be the difference between $.30 and the total of the amounts owed at a monthly rate on my other Perkins Loans. (6) The Lending Institution may permit me to pay teas than the rate of $30 per month for a period of not more than one year where necessary to avoid hardship to me unless that action would extend the repayment period in paragraph II1(1),] (7) The Lending Institution may, upon my written request, reduce any scheduled repayments or extend the repayment period indicated in paragraph II1(I), if, in its opinion, extraordinmy circumstances such as prolonged illnass or unemployment, prevent me from making the scheduled repayments, However, inter- est shall continue to accrue. IV. PREPAYMENT (1) I may, at my option and without penalty, prepay all or any part of the principal, plus the accrued interest thereon, at any time. (2) Amounts I repay in the academic year in which the loan was made will be used to reduce the amount of the loan and will not be considered a prepayment. (3) If I repay more than the amount due for any installment, the excess will be used to prepay principal unless [ designate it as an advance payment of the next regular installment. v. DEFAULT (1) The Lending institution may, at its option, declare my loan to be in default and may demand immediate payment of the entire unpaid balance of the loan, including principal, interest, late charges and collection costs if- (A) I do not make a scheduled payment when due under the repayment schedule astablished by the Lending Institution, and (B) I do not submit to the Lending institution on or before the date on which payment is due, documentation that I qualify for a deferment or cancallation described in Articles VI, VII, VIII, IX, X, or XI of this agreement. (2) I understand that if I default on my loan, the Lending Institution may disclose that I have defaulted, along with other relevant information, to credit bureau organizations. (3) Further, I understand that if I default on my loan and the loan is transferred to the Secretary for collantion, the Secretary may disclose that I have defaulted, along with other relevant information, to c~edit bureau organizations. (4) I understand that after the Lending Institution accaleratas the loan under paragraph V(1), I will then lose my right to defer repayments due after the date the Lending Institution accelerates the loan. (5) I understand that after the Lending Institution accelerates the loan under paragraph V(1), I will then lose my right to receive a cancellation of a port[on of my loan for any teaching, volunteer or military service described in AJlic{as VII, VIII and D(, performed after the date the Lending Institution accelerated the loan, (6) 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 have made arrangements which are s~tisfactory to the Lending Institution or the Secretary regarding the repayment of the loan. VI. DEFERMENT (1) I understand that upon making a properly documented written request to the Iending Institution, I may defer making scheduled installment payments, and will not be [iabla for any interest that might otherwise accrue, during the following periods: (A) Wl~ile I am enrolled and in attendance as at least a half-time student at an institution of higher education or at a comparable institution outside the United States approved tor this purpose by the Secretary; (B) For a period of three (:3) years during which I am - (i) On tull-time active duty as a member of the Armed Forces of the United States (Army, Navy, .Nc Force, Marine Corps, or Coast Guard) or the N~tional O~e~nio and Atmoepherlo Actmlntstre, tion Corps, or as en officer on full-time active duty in the Commissioned Corps of the United States Public ~~l~l~.~r m~,[ _~_ ~stio Votu.taer ~rvlce ~ of 1~3 (ACTION programs) Health Service, (ii) In servi=e as a volunteer under the Peace Corps Act, {iii) A volunteer under the Domestic Volunteer Service Act cf 1973 (ACTION programs), (iv) A full*time volunteer in a tax-exempt organization per'fo re, lng servi,ce comparable to the service performed in the peace Corps or under the Domestic Volunteer Sen/ice Act of 1973, or (v) Temporarily totally disabled aa established by an affidavit of a qualified physician, or unable to secure employment because I am providing care required by a dependent who is so disabled; (C) For a period not in exces~ of ~vo (2) years - (i) After I receive a baccalaureate or professional degree during which time I am serving in an internship which is required in order that I may receive professional recognition required to begin my professional practice or service, or (ii) serving in an internship or residency program leading to a degree or certificate awarded by an institution of higher education, a hospital or a health c~re tacitlty that offers postgraduate training; (D) For a period not in excess of one (t) year during which, if I am a mother of preschool age children, I have entered or reentered the work force, and em being paid at a rate which does not exceed $1,00 above the minimum hourly wage established by section 6 of the Fair Labor Standards Act of 1938; (E) For a period not in excess of six months - (i) That follows by six months or less of a period during which I was enrolled as at least a half.time StUdent at an eligible institution; end (ii) During which I am pregnant, caring for my newborn baby, or caring for a child immediately after he or she was placed with me through adoption and I am neither attending an eligible institution of higher education nor gainfully employed; and (F') During e six (6) month period immediately following the expiration of any deferment provided in paragraphs VI(I)(A) through VI(1)(E). (2) The Landing Institution may, upon my written request, defer my scheduled repayments if it determines that the deferment is necessary to avoid a financial hardship for me. interest, however, will continue to accrue. VII. CANCELLATION FOR TEACHING (1) I understand that upon making a properly documented written request to the Lending institution, I am entitled to have up to 100 percent of the amount of this loan plus the interest thereon cancelled if t perform service - (A) As a full-time teacher in a public or other nonprotit elementary or secondary school which is in the school district of s local educational agency which is eligible in such year of service for funds under Chapter i of the Education Consolidation end Improvement Act of 1981, as amended, and which has been designated by the Secretary (after consultation with each State Departm6nt 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 Iow-income families. Ac official Directory of designated Iow-income schoote is published annually by the Secretary. (B) As a full-time teacher of handicapped children (including those who are mentally retarded, hard of hearing, deaf, speech and language impaired, visually handicapped, seriously emotionally disturbed, orthopedically impaired, have specific learning disabilities, or otherwise health-impaired children, who by reason thereof require special education and related services) in a public or other nonprofit elementary or secondary school system. (2) This loan will be cancelled 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 will be cancelled for the first and second complete asademie years cf that teaching service, (B) 20 percent of the total principal amount plus interest on the unpaid balance far the third and fourth complete academic years of that teaching service, and (C) 30 percent of the total principal amount plus interest on the unpaid balance far the fifth complete academia year of that tesching service, VIII. HEAD START CANCELLATION (1) I understand that upon making a properly documented written request to the Lending Institution, I am entitled to have up to 100 percent of the amount of this loan plus the interest thereon cancelled if I pedorm service as a full-time staff member in a Head Start program if - (A) That Head Start program is operated for a period which is comparable to a full school year in the locality, and (B) My salary is not more than the salary cf a comparable employee of the local educational agency. (2) This loan will be cancelled at the rate of 15 percent of the total principal amount plus interest on the unpsid balance for each complete school year or the equivslent of service in a Head Start program. (3): Head Start ia a preschool program carried out under the Head Start Act. IX. MILITARY CANCELLATION (1) I understand that upon making a properly documented written request to the Lending Institution, I am entitled to have up to 50 percent of the principal amount of this loan plus the interest thereon cancelled if [ 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 cancelled at the rate of 12 1/2 patent of the total principal amount plus interest on the unpaid balance for each camplete year of such ser- vice. X. PEACE CORPS CANCELLATION (1) I understand that upon making a propedy documented written request to the lending institution, I am entitled to have up to 70 percent of the amount of this loan plus the interest thereon cancelled if I perform service- (A) As a volunteer under the Peace Corps ACt; or (B) As a volunteer under the Domestic Volunteer Service Act of t973. (2) This loan will be cancalled at the following rates: (A) 15 percent of the total principal amount of the loan plus interest on the unpaid balance will be cancelled for the first and second twelve-month period of volunteer service completed; (B) 20 percent of the total principal amount of the loan plus interest on the unpaid balance will be cancelled for the thlrd and fourth twelve-month period of volunteer service completed. XI. DEATH AND DISABIMTY CANCELLATION (1) In the event of my death, the total amount owed on this loan will be cancelled. (2) If I become totally and permanently disabled after I receive this loan, the Lending Institution will cancel the total amount of this loan. XII. CHANGE IN NAME, ADDRESS, TELEPHONE NUMBER AND SOCIAL SECURITY NUMBER I am responsible, and any endorser is racponalble, for informing the Lending Institution of any change or changes in name, address, telephone number or so- cial security number. XIII. LATE CHARGE (1) The Lending Institution may impose a late charge if - (A) I do not make s scheduled payment when it ia due. and (B) I donot submit to the Lending Institution on or before the date on which payment ia due, documentation that I qualify for a deferment or cancellation described in Articles VI, VII, VIII, IX, X, and XI of this agreement. (2) No charge may exceed twenty (20) patent of my monthly, bimonthly or quarterly payment. (3) (A) The Lending 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. (E) If the Lending Institution elects to add the assessed charge to the outstanding principal of the loan, it must so inform me before the due date of the next installment. XIV. ASSIGNMENT (1) This note may be assigned by the Lending Institution only to - (A) The United States; (B) Another institution upon my transfer to that institution if that insfitufion is participating in this program; or (C) Another institution approved by the ~ecretary. (2) The provisions of this note that relate to the Lending Institution shall, where appropriate, relate to an assignee. XV. PRIOR LOANS I hereby certify that I have listed below all of the Perkins Loans I have obtained at other institutions. (if no prior loans have been received, state "None.") SCHEDULE OF PERKINS LOANS AT OTHER INSTITUTIONS AMOUNT DATE INSTiTUTION XVl. SCHEDULE OF ADVANCES Tt~e following amounts were advanced to me under this loan agreement on the dstes indicated: AMOUNT DATE J SIGNATURE OF BORROWER t. ~7.~0.00 7/8R '~. ~-~ ~ 2 $750.00 12/88 3. 2, $750.00 12/88 3. NOTICE TO BORROWER: DO NOT SIGN THiS NOTE BEFORE YOU READ IT, THE LENDING INSTrI'UTION MUST SUPPLY A COPY OFTHIS NOTE TO YOU AND ANY COSIGNER.-J~his note is.signed as a sealed instrument.] ~;)~ Permanent Address (Street or Box Number, City, State, and 23p Code) !GJt~ /"t,c-'~~'{~' 7.,t ~-kl~< J,~ / 7~/,~'( Social Security Number (borrower must provide) . J / ~ The borrower and Lending Institution shall execute this note without security and without endorsement unless the borrower is a minor and this note would not, under the law of the State in which the Lending Institution is located, create a binding obligation. If the borrower is a minor and this note would not therefore, be legalty binding, the Lending Institution shall require a cosigner to this note: I agree to repay all amounts due on this loan if the borrower fails to do so in accordance with the terms of the note. Signature Of Cosigner [(seal)] Date 19 Permanent Address (Street or Box Number, City, State, Z~p Code) (20 U.S.C. 1087dd) Format by the National Association of Student Financial Nd Administrators, 5/88. PERKINS (NDSL) TRUTH-IN-LENDING STATEMENT DICKINSON COLLEG~ Accoun~ Number Name of Borrower Address 000-00-2321-07 Oody B. Panian 1613 Hunter Street Harrisburg, PA 17104 ANNUAL The cost of your credit as a yearly The amount of credit provided Co you. Pr/or Co ~ur:f~g repa~nc repa~enc 0% 5 % IC-m~aC±on of the ~m~nC Financed: $1.500.00 Lace L"2~rge: If a payment is late, you may be charged: $1.00 for the first late payment, and $2.00 for each subsequent lace payment if =~Ls loan is pa~able monthly, $3.00 for each late payment If C~ lo~ ~ pa~able b~nc~y, $~.00 for each ~Ce pa~enc if C~s loan is pa~able quar:erl~. Prepayment: If you pay off early, you will ~oc have co pay a penalty. See your prom/ssor7 note for any eddiCtonal informa'Cion abouc nonpayment, fa~c, ~y =equated r~pa~enc in full before the sched~ed dace, ~d pre- parc. TH~ BOP~IQW'MR ACKNOWLEDGES P. ECEI~T OF ~ E~ COPY OF ~IS ST~'~T. BO~O~R~'.~ ::'~%~ ',.~' ....~ ~w~-,.. ' . ~S~ATI~ '~. ~ ~ EXHIBIT "C" DiCKINSUN {;ULLE~F -05 Carlisle, PA 17013 Tel: 717-245-1383 PROMISSORY NOTE o PERKINS LOAN PROGRAM [Any bracketed clause or p~ragraph may be included at option of institution. J I, Jody B. Panian promisetopayto Dickinson Colleg~ (hereinafter called the Lending lnstitution Iocatadat ~.R~'I'i~lP~ Pprln<;.yl'd,lll'~;~ the sum of tha amounts that are advenced to me and en- dorssd in the Schedule of Advances set forth below. I promise to pay all attorney's fees and other reasonable collection costs and charges necessary for the collection of any amount not paid when due, I further understan~ and agree that: I. GENERAL (1) ~3olicehle I :~w Ail sums advanced under this note are drawn from a fund created under Part E of Title IV of the Higher Eduoafion Act of 1 g65, as emended, hereinafter called the Act, end are subject to the Act and the Federal Regulations issued under the Act. The terms of this note shall be interpreted in accordance with the Act and Federal Regulations, copies of which are to be kept by the Lending Institution. (2) Procedures for Receiving Deferment or Cencallation I understand that in order to receive a deferment or cancellation, I must request the deferment or can- cellation in writing from the Lending Institution, and must submit to the Lending Instltufion any documentation required by the Lending Institution to prove that I qualify for the deferment or cancellation. I further understand that if I am eligible for deferment or cancellation under Articles %/I through X], I am responsible for submiffing the appropriate requests on time. I further understand that I may lose my deferment and cancellation benefits if I fail to file my request on time. II, INTEREST Interest shall accrue from the beginning of the repayment period and shall be at the ANNUAL PERCENTAGE RATE OF FiVE PERCENT (5%) on the unpaid balance, except that no interest shall acc..rue during any deferment period described in paragraph VI(l). IlL REPAYMENT (1) I promise to repay the principal end the interest which accrues on it to the Lending Institution over a period beginning 9 months after the date I cease to be at least a half-time student at a~ institution of higher education, or at a comparable Institution outside the United States approved for this purpose by the United States Seoretmy of Education (hereinafter called the Secretary), and ending 10 years later, unless that period is shortened under paragraph IH(5), or ex- tended under paragraphs 111(4), 111(7) (extensions), or VI(l) (deferments). (2) Upon my written request, the repayment period may start on a date earlier than the one indicated in paragraph II1(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 deter- mined by the Lending Institution. I understand that Jf my monthly payment for all the loans made to me by the Lending Institution is not a multiple of $5, the Lending Institution may round fiat payment tn the next highest dollar amount that ia a multiple of $5, (B) Notwithstanding paragraph III(3)(A), upon my written request, repayment may be made in graduated installments in accordance %~ith a schedule approved by the Secretm¥. (C} The Lending Institution shall attach the schedule of repayments and the schedule will become part of the note. (4) Notwithstanding paragraph ill(l), if I quality as a Iow-thcome individual during the repayment period, the Lending Institution, upon my written request, may extend the repayment pedod for up to an additional 10 years, and may adjust any repayment schedule to reflect my income. [(5)(A) If the monthly rate that would be established under paragraph II1(1), or the total monthly repayment rate of principal and interest on all my Perkins Loans including this loan, te less than $30 per month, I shall repay the principal and interest on this loan at the rate of $30 per month (which includes both prin- cipal and interest). (5) (B) ;f I have received Perkins Loans from other institutions end the total monthly repayment rate on those loans is less {hen $30, the $30 monthly payment established under subparagraph 111(5)(A) includes the amounts I owe on all my outstanding Perkins Loens including those received from other Institutions. The amount of this $30 monthly payment that will be applied to this loan will be the difference between $30 and the total of the amounts owed at a monthly rate on my other Perkins Loens. (8) The Lending Institution may permit me to pay less than the rate of $30 per month for a period of not more than one year where nesessa~ to avoid hardship to me unless that action would extend the repayment period in paragraph II1(I),] (7) The Lending Institution may, upon my written request, reduce any scheduled repayments or extend the repayment period indicated in pai~agraph II1(1), if, in its opinion, extraordinary circumstances such aa prolonged illness or unemployment, prevent me from making the scheduled repayments, However, inter- est shall continue to accrue. IV. PREPAYMENT (1) I may, at my option and without penalty, prepay ail or eny part of the principal, plus the accrued interest thereon, at any time. (2) Amounts I repay in the academic year in which the Ioen was made will be used to reduce the amount of the loan end will not be considered a prepayment. (3) If I repay more than the amount due for any installment, the excess will be used to prepay principal unless I designate it as an advance payment of the next regular installment.. V. DEFAULT (1) The Lendthg Institution may, at its option, declare my loan to be in default and may demand immediate payment of the entire unpaid balance of the loan, including principal, Interest, late charges and collection costs if- (A) I do not make a scheduled payment when due under the repayment schedule established by the Lending Institution, and (B) I do not submit to the Lending Institution on or before the date on which payment ia due, documentation that I qualify for a deferment or cancellation described in Articles VI, VII, VIII, IX, X, or XI of this agreement. (2) I understend that ifil default on my loan, the Lending Institution may disclose that I have defaulted, along with other relevant information, to credit bureau organizations. (3) Further, I understand that if I default on my Ioen and the Ioen is transferred to the Secretary for collection, the Secretary may disclose that I have defaulted, along with other relevant information, to credit bureau o~ganlzatlons. (4) I undamtend that after the Lending Institution accelerates the loan under paragraph V(1), I will then lose my right to defer repayments due after the date fie Lending Institution accelerates the loan. (5) I understand that after the Lending Institution accelerates the loan under paragraph V(1), I will then lose my right to receive a cancellation of a portion of my loan for any teaching, volunteer or military sa~vice described in Articles VII, VIII and IX, performed after the date the Lending Institution accelerated the loan. (6) I understand that failure to pay this obligation under the terms agreed upon will prevent my obtaining additional student financial aid authorfzad under Title IV of the Higher Education Act of 1965, aa amended, until I have made arrangements which are satisfactory to the Lending Institution or the Secretary regarding the repayment of the Ioen. Vi. DEFERMENT (f) I understand that upon making a property documented written request to the lending Institution, I may defer making scheduled installment payments, and will not be liable for any interest that might otherwise accrue, during the following periods: (A) While I am enrolled and in attendance as at least a half-time student at an institution of higher education or at a comparable institution outside the United States approved for this purpose by the Secretary; {B) For a period of three (3) years during which I am - (l) On full-time mc~tive '<ut'/em a member of the Armed Forces of the United States (Army, Navy, Air Force, Marina Corps, or Coast Guard) or the National O,:eanio and Atmospheric Administration Corps, or aa an officer on tull-time active duty in the Commissioned Corps of the United States Public (C) For a period not [n exceu c,4 ~,,~ to~ ...... · pov~dlngcare (~) On full-time active duty as a member of the Armed Forces of the United States (Army, Navy, Air Force, Marine Corps, or Coast Guard) or the National Oceanic and Atmospheric Administration Corpsl or as an officer on full-time active duty in the Commissioned Corps of the United States Public Health Sen/ica, (ii) In service as a volunteer under the Peace Corps Act, (iii) A volunteer under the Domestic Volunteer Sen/ica Act of 1973 (ACTION programs), (iv) A full-time volunteer in a tax-exempt organization performing service comparable to the sen/ice performed in the Peace Corps or under the Domestic Volunteer Sen/ica Act of 1973, or (v) Temporarily totally dis=ble~ as established Oy an affidavit of a qualified physician, or unat31e to secure employment becarJse I am providing care required by a dependent who is so disabled; (C) For a period not in excess of two (2) years - (i) After I raoeive a baccalaureate or professional degree during which time I am serving in an internship which is required in order that I may receive professional reoognitlon required to begin my professional practice or service, or (ii) serving in an internship or residency program leading to a degree or certificate awarded by an institution of higher education, a hospital or a health care facility that offers postgraduate training; (D) For a period not in excess of one (1) year during which, if I am A mother of preschool age children, I have entered or reentered the work force, and am being paid at a rate which does not exceed $1.(30 above the minimum hourly wage established by section 6 of the Fair Labor Standards Act of 1938; (E') For a period not in excess of six months - (i) That follows by six months or less of a period during which I was enrolled As at least a half-time student at an eligible institution; and (ii) During which I am pregnant, caring for my newborn baby, or caring for a child immediately after he or she was placed with me through adoption and I am neither attending an eligible institution of higher education nor gainfully employed; and (F} During a six (6) month period immediately following the expiration of any deferment provided in paragraphs VI(I)(A) through VI(1)(E). (2) The Lending Institution may, upon my written request, defer' my scheduled repayments if it determines that the deferment is necessary to avoid a financial hardship for ma. Interest, however, wilJ continue to accrue. VII. CANCELLATION FOR. TEACHING (1) I understand that upon making a properly documented written request to the Lending Institution, I am entitled to have up to 100 percent of the amount of this loan plus the interest thereon cancelled if I perform service - (A) As a full-time teacher in a public or other nonprofit elementary or secondary school which is in the school district of a local educational agency whic~ is eligible in such year of service for funds under Chapter I of the Education Consolidation and Improvement Act of 1981, as amended, and which has been designated by the Secretary (after consultation with each State Department of Education) in accordance with the provisions of section 465(a)(2) of the Acres a school with a high concentration of students from Iow-income families. An official Directory of designated Iow-income schools is published annually by the Secretary. (ST As a full-time teacher of handicapped children (including those who are mentally retarded, hard of hearing, deaf, speech and language impaired, visually handicapped, seriously emotionally disturbed, orthopedtcally impaired, have specific learning dlsabilitiss, or otherwise health-impaired children, who by reason t~aresf require special education and related services) in a public or other nonprofit elementary or secondary school system. (2) This loan will be cancelled 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 bale,ncc will be cancelled for the first and second complete academic ysam off. that tesching service, (B)) 2~ percent of the total principal amount plus interest on the unpaid balance for the third and fourth complete academic years of that teaching service, (C} 30 pemant of the total principal amount plus interest on the unpaid balance for the fifth complete academic year of that teaching service. VIII. HEAD START CANCELLATION (1) I understand that upon making a properly documented written request to the Lending Institution, I am entitled to have up to 100 percent of the amount of th~a loan plus the interest thereon cancelled if I perform service as a full-time staff member in a Head Start program if - (A~ That Head Start program is operated for a period which is comparable to a furl school year in the locality, and (B) My salary is not more than the salary cf a comparable employee of the local educational aganc3/. (2) This loan will be cancelled at the rate of 15 percent of the total principal amount plus interest on the unpaid balance for each complete school year or the equivalent of service in a Head Start program. (3) Head Start ia a preschool program carried out under the Head·Start Act. IX. MIETARY CANCELLATION (1) I understand that upon making a properly documented written request to the Lending Institution, I an1 entitled to have up to 50 percent of the prinoipaJ amount of this loan plus the interest thereon cancelled if I serve as a member of the Armed Forses of the United States in an area of hostilities that qualities for %oecial pay under section 310 of Title 37 of the United States Code. (2)~ This loan will be cancelled at the rate of 12 1/2 percent of the total principal amount plus. interest on the unpaid balance for each complete year of such ser- vice. X. PEACE CORPS CANCELLATION (1) I understand that upon making a properly documented written request to the lending institution, I am entitled to have up to 70 percent of the amount of this loan plus the Interest thereon cancelled if I perform service- (A) As a volunteer under the Peace Corp~ Act; or (B). As a volunteer under the Domestic Volunteer Service Act of 1973. (2) This loan will be cancelled at the following rates: (A) 15 pement of the total principal amount of the loan plus interest on the unpaid balance will be cancelled for the first and second twelve-month period of volunteer service completed; (B) 20 pement of the total principal amount of the loan plus interest on the unpaid balance will be cancelled for the third and rough twelve-month period of volunteer service completed. XI. DEATH AND DISABILITY CANCELLATION (1) In. the event of my death, the total amount owed on this loan will be cancelled. (2) Iii become totally and permanently disabled after I receive this loan, the Lending Institution will cancel the total amount of this loan, XII. CHANGE IN NAME, ADDRESS, TELEPHONE NUMBER AND SOCIAL SECURITY NUMBER I am,respansible, and any endorser Is responsible, for informing the Lending Institution of any change or changes in name, address, telephone number or so- cial;security number. Xlll. LATE CHARGE (1') ~ ~ Lending Institution may impose a late charge if - (.aD I do not make asc. hadulad payment when it ia due, and (B) I do not submit to the Landing Institution on or before the date on which payment is due, documentation that I qualify for a deferment or cancellation dse~ribad in Articles VI, VII, VIII, IX, X, and X1 of this agreement. (2)~, No charge may exceed twenty (20) percent of my monthly, bimonthly or quarterly payment. (3) (A) The Lending Institution may- (i) Add the late charge to the principal the day after the scheduled repayment vree due; or (ii) Include it with the next scheduled repayment after I have received notice of the late charge. (B) lithe Lending Institution alectsto add the assessed charge to the outstanding principal of the loan, it must solnform me before the due date ortho next installment. XIV, ASSIGNMENT (1) This note may be assigned by the Lending Institution only to - (A) The United States; (B) Another institution upon my transfer to that institution if that institution Je p~ticipating in this program; or (C) Another institution approved by the Secretary. (2), The pro~,isions of this note that relate to the Lending Institution shall, where appropriate, ralata to an assignee. XV. PRIOR LOANS I hereby certify that I have listed below all of the Perkins Loans I have obtained at other institutions. (If rfc prior loans have been received, state "None.") SCHEDULE OF PERKINS LOANS AT OTHER INSTITUTIONS AMOUNT DATE INSTITUTION 1. 2. XVI. SCHEDULE OF ADVANCES The following amounts were advanced to me under this loan agreement on the datee indicated: AMOUNT DATE S~I~NATURIE OF B(1L~WER XVI. SCHEDULE OF ADVANCES The following amounts were advanced to me ur[der this loan agreement on the dates indicated: AMOUNT DATE SIGNA,TURE OF BORI~WER 1. $750.00 7/89 3. NOTICE TO BORROWER: DO NOT SIGN THIS NOTE BEFORE YOU READ rT. THE LENDING INSTFrUTION MUST SUPPLY ACOPYOFTHIS NOTE TO YOU AND .ANY COSIGNER. [This note is signed aa a sealed instrument.] I "~ .... [(seal)] Date ~) ~_ .~ L: 19__~~, . Permanent Address (Street or Box Number, City, State, and mp Code); ~'_ ) ~,~ /V% :, , ~. ~ ':, 1' ~ , ,~ ~ , ,:' - ~. Social Security Number [borrower must provide) SZgnature Of Cosigner [(seal)] Date 19 PERKINS (NDSL)'TRUT~-IN-LENDING STATEMENT DICKINSON COLLEGE Account Number Name of Borrower Address 000-00-2321-01 Jody B. Panian 1613 Hunter Street Harrisburg, PA 17104 ANNUAL PERCENTAGE The cost of your credi: as a yearly rate. AMOUNT FINANCL~D The amount of credit provided to you. Prior to During repayment repayment 0 Z 5 Z .CO 2 50oi oo Itemization of the Amount Financed: Amount given directly to you.'I La:e Charge: Prepaymen:i If a pa~men= is late, you may be charged: $1.00 for =he first late pa~men=, and $2.00 for each subsequent late pa~ment if =his loan is payable monEhly, $3.00 for each late pa)men: if this loan is payable bimonthly, $6.00 for each late pa~ment if this loan is payable quarterly. If you pay off early, ~ou will not have to pay a penalty. See your promissor~ note for any additional information about nonpaIment, de- fault, any required r~paImen= in full before the scheduled date, and pre- payment. THE BORROWER ACKNOWLEDGES P. ECEIPT OF AN EXACT COPY OF THIS STATEMENT. INSTITUTIONAL ~ REP P.E S ENTATIVE -~-~ EXHIBIT "D" DICKINSON COLLEGE -07 Carlisle, PA 17013 Tel: 717-245-1383 PROMISSORY NOTE -.PERKINS LOAN PROGRAM [Any bracketed clause or para¢¢~?h may be included at option of institution. J Jody B. Pan i an promise to pay to Dick i n~on Col l ege (hereinafter called the Lending Institution) located at ~.Rr 1 i ~ 1 P, P Pnn ~yl v an i R the sum of the amounts that are advanced to me and en- dorsed in the Schedule of Advances set forth below. I promise to pay all attorney's fees and other reasonable collection costs and charges necessary for the collection of any amount not paid when due. I fudher understanU and agree that: I. GENERAL (1) Aoolicable Law All sums advanced under this note are drawn from a fund created under Part E of Title IV of the Higher Education Act of 1965, as amended, hereinafter called the Act, and are subject to the Act and the Federal Regulations issued under the Act. The terms of this note shall be interpreted in accordance with the Act and Federal Regulations, copies of which are to be kept by the Lending Institution. (2) Procedures for Receivina Deferment or Cancellation I understand that in order to receive a deferment or cancellation, I must request the deferment or can- cellation in writing from the Lending institution, and must submit to the Lending Institution any documentation required by the Lending Institution to prove that I quatify for the deferment or cancellation. I fudher understand that if I am eligible for deferment or cancellation under Articles VI through XI, I am responsible for submitting the appropriate requests on time. I further understand that I may lose my deferment and cancellation benefits if I fail to file my request on time. II. INTEREST Interest shall accrue from the beginning of the repayment period and shall be at the ANNUAL PERCENTAGE RATE OF FIVE PERCENT (5%) on the unpaid balance, except that no interest shall accrue during any deferment period described in paragraph V1(1). III. REPAYMENT (I) I promise to repay the principal and the interest which accrues on it to the Lending Institution over a period beginning 9 months after the date I cease to be at least a half-time 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 10 years later, unless that period is shortened under paragraph 111(5), or ex- tended under paragraphs ~11(4), Ill(7) (extensions), or VI(l} (deferments). (2) Upon my wriften request, the repayment period may sta, rt on a date earlier than the one indicated in pe, ragraph II1(1). (3) (A) J promise to repay the principal and interest over the course of the repayment period in equal monthly, bimonthly or quarterly installments, as deter- mined by the Lending Institution. I understand that if my monthly payment for all the loans made to me by the Lending Institution is not a multiple of $5, the Lending Institution may round that payment to the next highest dollar amount that is a multiple of $5. (B) Notwithstanding paragraph 111(3)(A), upon my written request, repayment may be made in graduated installments in accordance with a schedule approved by the Secretary. (C) The Lending ~nstitution shall attach the schedule of repayments and the schedule wil~ become part of the note. (4) Notwithstanding paragraph II1(1), if I qualify as a Iow-income individual during the repayment period, the Lending Institution, upon my written request, may extend the repayment period for up to an additional 10 years, and may adiust any repayment schedule to reflect my income. [(5)(A) If the monthly rate that would be established under paragraph Ill(t), or the total monthly repayment rate of principal and interest on all my Perkins Loans including this loan, is [ess than $30 per month, I shall repay the principal and interest on this loan at the rate of $30 per month (which includes both prin- cipal and interest). {5) (B) If I have received Perkins Loans from other institutions and the total monthly repayment rate on those loans is less than $30, the $30 monthly payment established under subparagraph 111(5)(A) includes the amounts I owe on all my outstanding Perkins Loans including those received from other Institutions. The amount of this $30 monthly payment that will be applied to this loan will be the difference between $30 and the total of the amounts owed at a monthly rate on my other Perkins Loans. (6) The Lending Institution may permit me to pay less than the rate of $30 per month for a period of not more than one year where necessary to avoid hardship to me unless that action would extend the repayment period in paragraph II1(1).] (7) The Lending Institution may, upon my written request, reduce any scheduled repayments or extend the repayment period indicated in paragraph II1(1), in its opinion, extraordinary circumstances such as prolonged illness or unemployment, prevent me from making the scheduled repayments. However, inter- est shall continue to accrue. iV. PREPAYMENT (1) I may, at my option and without penally, prepay all or any part of the princlpal, plus the accrued interest thereon, at any time. (2) Amounts I repay in the academic year in which the loan was made will be used to reduce the amount of the loan and will not be considered a prepayment. (3) ~f I repay more than the amount due for any installment, the excess will be used to prepay principal unless I designate it as an advance payment of the next regular installment. V, DEFAULT (1) The Lending Institution may, at its option, declare my loan to be in default and may demand immediate payment of the entire unpaid balance of the loan, including principal interest, late charges and collection costs if- (A) I do not make a scheduled payment when due under the repayment schedule established by the Lending Institution, and (l~) I do not submit to the Lending Institution on or before the date on which payment is due, documentation that I qualify for a deferment or cancellation described in Articles VI, VII, VIII, IX, X, or Xi of this agreement. 12) I understand that if I default on my ~oan, the Lending Institution may disclose that I have defaulted, along with other relevant information, to credit bureau organizations. (3) Further, I understand that if I default on my loan and the loan is transferred to the Secretary for collection, the Secretary may disclose that I have defaulted, along with other relevant information, to credit bureau organizations. (4) I understand that after the Leading Institution accelerates the loan under paragraph V(1), I will then lose my right to defer repayments due after the date the Lending Institution accelerates the loan. (5) I understand that after the Lending Institution accelerates the loan under paragraph V(1), I will then lose my right to receive a cancellation of a portion of my loan for any teaching, volunteer or military service described in Articles VII, ViII and IX, performed after the date the Lending Institution accelerated the loan. (6) 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 I965, as amended, until I have made arrangements which are satisfactory to the Lending Institution or the Secretary regarding the repayment of the loan. VI. DEFERMENT (f) I understand that upon making a properly documented',vdtten request to the lending Institution, I may defer making scheduled installment payments, and will not be liable for any interest that might otherwise accrue, during the following periods: (A) While I am enrolled and in attendance as at least a half-time student at an institution of higher education or at a comparable institution outside the United States approved for this purpose by the Secretary; (B) For a period of three (3) years during which I am -- (i) On full-time active duty as a member of the Armed Forces of the United States (Army, Navy, Air Force, Marine Corps, or Coast Guard) or the National Oceanic and Atmospheric Administration Corps, or as an officer on full-time active duty in the Commissioned Corps of the United States Public Health Service, (ii) Jn service as a volunteer under the Peace Corps Act, {iii) A volunteer under the O<3mestlc Volunteer Service Act of 1973 (ACTION programs), (iv) A full-time volunteer in a tax-exempt organization performing service comparable to the service performed in the Peace Corps or under the Domestic Volunteer Service Act of 1973, or r;ationaf Oceanic and Atmospheric Administration Corps, or as an officer on furl-time active duty in the Commissioned Corps of the United States Public (ii} In service as a volunteer under the Peace Corps Act, (iii) A volunteer under the Domestic Volunteer Service Act of 1973 (AC,TION programs), (iv) A full-time volunteer in a tax-exempt organization performing service comparable to the service performed in the Peace Corps or under the Domestic Volunteer Service Act of 1973, or (v) Temporarily totally disabled as established by an affidavit of a qualified physician, or unable to secure employment because I am providing care required by a dependent who is so disabled; (C) For a period not in excess of two (2) years - (i) After I receive a baccalaureate or professional degree during which time I am serving in an internship which is required in order that I may receive professional recognition required to begin my professional practice or service, or (ii) serving in an internship or residency program leading to a degree or certificate awarded by an institution of higher education, a hospital or a health care facility that offers postgraduate training; (D) For a period not in excess of one (1) year during which, if I am a mother of preschool age children, I have entered or reentered the work force, and am being paid at a rate which does not exceed $1.00 above the minimum hourly wage established by section 6 of the Fair Labor Standards Act of 1938; (E) For a period not in excess of six months -- (i) That follows by six months or less of a period during which I was enrolled as at least a half-time student at an eligible institution; and (ii) During which I am pregnant, caring for my newborn baby, or caring for a child immediately after he or she was placed with me through adoption and I am neither attending an eligible institution of higher education nor gainfully employed; and (F) During a six (6) month period immediately following the expiration of any deferment provided in paragraphs VI(1)(A) through VI(1)(E). (2) The Lending Institution may, upon my written request, defer my scheduled repayments if it determines that the deferment is necessa?y to avoid a financial VII. CANCELLATION FOR TEACHING (1) I understand that upon making a properly documented written request to the Lending institution, I am entitled to have up to 100 percent of the amount of (A) As a full-time teacher in a public or other nonprofit elementary or secondary school which is in the school district of a local educational agency which is eligible in such year of service for funds under Chapter I of the Education ConsolidAtion and Improvement Act of 1981, as amended, and which has been designated by the Secretary (after consultation with each State Department of Education) in accordance with the provisions of section 465(a)(2) of the Act as a school with a high concer ration of students from Iow-income families. An official Directory of designated Iow-income schools is ~u?.i~hed annually by the Secretary. (B) As a full-time teacher of handicapped children (including those who are mentally retarded, hard of hearing, deaf, speech and language impaired, visually handicapped, seriously emotionally disturbed, orthopedically impaired, have specific learning disabilities, or otherwise health-impaired children, who by reason thereof require special education and related services) in a public or other nonprofit elementary or secondary school system. (2) This loan will be cancelled 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 will be cancelled for the first and second complete academic years of that teaching service, (B) 20 percent of the total principal amount plus interest on the unpaid balance for the third and fourth complete academic years of that teaching service, and (C) 30 percent of the total principal amount plus interest on the unpaid balance for the fifth complete academic year of that teaching service. VIII. HEAD START CANCELLATION (1) I understand that upon making a properly documented written request to the Lending Institution, I am entitled to have up to 100 percent of the amount of this loan plus the interest thereon cancelled if I perform service as a full-time staff member in a Head Start program if - (A) That Head Start program is operated for a period which is comparable to a full school year in the locality, and (B) My salary is not more than the salary of a comparable employee of the local educational agency. (2) This loan will be cancelled at the rate of 15 percent of the total principal amount plus interest on the unpaid balance for each complete school year or the equivalent of service in a Head Start program. (3) Head Start is a preschool program carried out under the HeadStart Act. IX. MILITARY CANCELLATION (1) I understand that upon making a properly documented written request to the Lending Institution, I am entitled to have up to 50 percent of the principal amount of this loan plus the interest thereon cancelled 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 cancelled at the rate of 12 1/2 percent of the total principal amount plus interest on the unpaid balance for each complete year of such ser- vice. X. PEACE CORPS CANCELLATION (1) I understand that upon making a properly documented written request to the lending institution, I am entitled to have up to 70 percent of the amount of this loan plus the interest thereon cancelled if l perform service- (A) As a volunteer under the Peace Corps Act; or (B) As a volunteer under the Domestic Volunteer Service Act of 1973. (2) This loan will be cerise{led at the following rates: (A) 15 percent of the total principal amount of the loan plus interest on the unpaid balance will be cancelled for the first and second twelve-month period af volunteer service completed; (B) 20 percent of the total principal amount of the loan plus interest on the unpaid balance will be cancelled for the third and fourth twelve-month period of volunteer service comptetad. XI, DEATH AND DISABILITY CANCELLATION (I) In the event of my death, the total amount owed on this loan will be cancelled. (2) If I become totally and permanently disabled after I receive this loan, the Lending Institution will cancel the total amount of this loan. XII, CHANGE IN NAME, ADDRESS, TELEPHONE NUMBER AND SOCIAL SECURITY NUMBER I am responsible, and any endorser is responsible, for informing the Lending Institution of any change of changes in name, address, telephone number or so- cial security number. XIII. LATE CHARGE (1) The Lending Institution may 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 Lending Institution on or before the date on which payment is due, documentation that I qualify for a deferment or cancellation deschbed in Articles VI, VII, VIII, IX, X, and XI of this agreement. (2) No charge may exceed twenty (20) percent of my monthly, bimonthly or quarterly payment. (3) (A) Tha Lending Institution may- O) A~3d 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 Lending Institution elects to add the assessed charge to the outstanding principal of the loan, it must so inform me before the due date of the next installment. XIV. ASSIGNMENT {1) This note may be assigned by the Lending 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 Lending Institution shall, where appropriate, relate to an assignee. XV. PRIOR LOANS I hereby certify that I have listed below all of the Perkins Loans I have obtained at other institutions. (If no prior loans have been received, state "None.") SCHEDULE OF PERKINS LOANS AT OTHER INSTITUTIONS AMOUNT DATE INSTrI'UTION XVI. SCHEDULE OF ADVANCES The following amounts were a(Jvanced to me under this loan agreement on the dates indicated: A CUNT 1. ~1,750.00 DAT~/28/90 SI.G NAT U RE O F .I~..ORROWER XVL SCHEDULE OF ADVANCES The following amounts were advanced to me under this loan agreement on the dates indicated: AMOUNT DATE SIGNATURE OF.~RROWER t.$1,750.00 8/28/90 2. '~r~ 750.00 1/22/91 3. NOTICE TO BORROWER: DO NOT SIGN THIS NOTE BEFORE YOU READ rt. THE LENDING INSTITUTION MUST SUPPLY A COPY OFTHIS NOTE TO YOU AND ANY COSIGNER. [This note is signed as a sealed instrument.[ Signature ~/-~% ~¢) ?~ '~-~-~,~-_~_ ~. [(seal)] Date Ii -~- ~ ~ 19 Permanent ~dress (Street or ~x Number, Ci~,State, and~pCode) ~(,l~ ~t,~¢ %~'~. //~ 'P~ ¢')1C,~ ~cial ~curi~ Number ~orrower mu~ provide) ~. ~ - ('~ (*i~ , d/ The borro~r and Lending Institution shall execute this note without securiW and without endorsement unless the borrower is a minor and this note would not, under the law of the State in which the Lending Institution is located, create a binding obligation. If the borrower is a minor and this note would not therefore, be legally binding, the ~nding Institution shall require a cocgner to this note: I agree to repay all amounts due on this loan if the borrower fails to do so in accordance with the terms of the note. Signature Of Cosigner [(seal)] Date 19 Permanent Address (Street or Box Number, City, State, Zip Code) (20 U.S.C. 1087dd) Format by the National Association of Student Financial Aid Administrators, 5/88. VERIFICATION I, THOMAS MEYER, Assistant Treasurer of Dickinson College, acknowledge that I have the authority to execute this Verification on behalf of Dickinson College and certify that the foregoing Complaint is based upon information which has been gathered by my counsel in the preparation of this lawsuit. The language of this Complaint is that of counsel and not my own. I have read the document and to the extent that this Complaint is based upon information which I have given to my counsel, it is true and correct and to the best of my knowledge, information and belief. To the extent that the content of this Complaint is that of counsel, I have relied upon counsel in making this Verification. This statement and Verification are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities, which provides that if I knowingly make false averments, I may be subject to criminal penalties. Dickinson College Th~ ~ Assistant Treasurer of Dickinson College Dated: ,-IECEIVEL JUL 28 200~ SHERIFF'S RETURN - CASE NO: 2003-03685 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DICKINSON COLLEGE VS PANIAN JODY B OUT OF COUNTY R. Thomas Kline duly sworn according to law, and inquiry for the within named DEFENDANT PANIAN JODY B but was unable to locate Her deputized the sheriff of DAUPHIN , Sheriff or Deputy Sheriff who being says, that he made a diligent search and to wit: in his bailiwick. County, serve the within COMPLAINT & NOTICE He therefore Pennsylvania, to On August 27th , 2003 attached return from DAUPHIN Sheriff's Costs: Docketing 18.00 Out of County 9.00 Surcharge 10.00 Dep Dauphin Co 30.50 .00 67.50 08/27/2003 MDW&O Sworn and subscribed to before me this 3~. day of ~ · ~3~ A.D. rothonotary ' ' __ , this office was in receipt of the R. s Kline Sheriff of Cumberland County In The Court of Common Pleas of Cumberland County, Pennsylvania Dickinson Colle§e VS. Jody A. Panian 03-3685 civil SERVE: s~ne No. Now~ August i, 2003 hereby deputize the Sheriff of Dauphin deputation being made at the request and risk of the Plaintiff. Sheriffof Cumberland County, PA , I, SHERIFF OF CUMBERLAND COUNTY, PA, do County to execute this Writ, this Affidavit of Service Now~ within ,20 , at o'clock M. served the upon by handing to a and made known to copy of the original the contents thereof. So answers, Sheriff of County, PA Sworn and subscribed before me this __ day of ,20 COSTS SERVICE MILEAGE AFFIDAVIT Mary Jane Snyder Real Estate Deputy William T. Tully Solicitor Dauphin County Han'isburg, Pennsylvania 17101 ph:(717)255-2660 fax: (717) 255-2889 Jack Lotwick Sheriff J. Daniel Basile Chief Deputy Michael W. Rinehart Assistant Chief Deputy Commonwealth of Pennsy~ania : DICKINSON COLLEGE vs County of Dauphin : PANIAN JODY A Sheriff's Return No. 2091-T - -2003 OTHER COUNTY NO. 03 3685 I, Jack Lotwiek, Sheriff of the County of Dauphin, State of Pennsylvania, do hereby certify and return, that I made diligent search and inquiry for PANIANJODY A the DEFENDANT named in the within NOTICE & COMPLAINT and that I am unable to find him/her in the County of Dauphin, and therefore return same ~OT FOUleD, August 25, 2003 NEED BETTER ADDRESS. SPOKE TO BERRY ELLIS SAI THE PANIAN MOVED OVER A YEAR AGO TO BALTIMORE MARYLAND. Sworn and subscribed to before~H day of UST,. 2003 PROTHONOTARY So Answers, Sheriff'sDioPi;sY: :~0.~fPD 08/05/2003 RCPT NO 181410 KLINGER DICKINSON COLLEGE, Plaintiff JODY B. PANIAN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-3685 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 Jody B. Panian on September 9, 2003, by certified mail, restricted delivery, return receipt requested. Attached is the Post Office return receipt signed and dated September 11, 2003 and a copy of the receipt showing the cost &service was $9.30. MARTSON DEARDORF~ David R. Galloway, Esq I.D. No. 87326 Ten East High Street ~qILLIAMS & OTTO Carlisle, PA 17013-3093 (717) 243-3341 Date: September 18, 2003 Attorneys for Plaintiff · C~mplete items 1, 2, and 3. Also comPlete item 4 it 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 it space permits. s dh~%mnt from item 17 I-lyes If YES, e~ter delivery address below: [] No I~ Registered [] Return Receipt for Merchandtee [] trmured M~fl [] C.O.D. 2. Article Number Ps Form 3811, August 2001 7003 1010 0001 1201 6579 ~ Re~um ~ CERTIFICATE OF SERVICE I, Marti Iben, an authorized agent ofMartson DeardorffWilliams & Otto, hereby certify that a copy of the foregoing Praeeipe to Document Service and Costs was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Jody B. Panian 5201 Red Hill Way Baltimore, MD 21237 MARc~ARDORFF WILLIAMS & OTTO By /t/( ffA.~-- ~. Marti Ibe"n~ Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: September 18, 2003 DICKINSON COLLEGE, Plaintiff JODY B. PANIAN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-3685 CIVIL ACTION-LAW JURY TRIAL OF TWELVE DEMANDED STIPULATION AND AGREEMENT FOR ENTRY OF JUDGMENT AND NOW, comes Plaintiff, DICKINSON COLLEGE, by and through its attorneys, MARTSON DEARDORFF WILLIAMS & OTTO, and Defendant JODY B. PANIAN who stipulate and agree as follows: 1. Pa. R.C.P. 1037 (c) provides that in all cases, the Court, on motion of a party, may enter an appropriate judgment against a party upon admission. 2. Defendant agrees and admits that Judgment should be entered against her in favor of Plaintiff in the mount of $3,589.33 plus costs of suit and interest accruing at 5% per annum from date of judgment. 3. The parties agree that the Court, upon motion of Plaintiff, may enter Judgment pursuant to this Stipulation without issuance of a Rule to Show Cause, and without further proceedin_gs or notice. 13y ~-,~~ Jody B. Paniafi 5201 Red Hill Way Baltimore, MD 21237 Ten East High Street Carlisle, PA 17013-3093 (717) 243-3341 Pro Se Defendant Date: ~/~q[0~ Attomey for Pl~tiff Date: __ ~/,2~/~_.~ DICKINSON COLLEGE, Plaintiff V. JODY B. PANIAN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-3685 CIVIL ACTION-LAW JURY TRIAL OF TWELVE DEMANDED ORDER OF COURT AND NOW, this [o~4day of ('9/'_'~"'. 2003, upon consideration of the attached Stipulation, judgment is hereby entered in favor of Plaintiff, Dickinson College, against Defendant, Jody B. Panian, in the amount of $3,589.33 plus costs and interest accruing at 5% per annum from date ofjudgment. Prothonotary is directed to enter and index this judgment accordingly. BY THE COURT, for Plaintiff.' David R. Galloway, Esquire Ten East High Street Carlisle, PA 17013 o~, ~ ~"9d x::/oo'b # DICKINSON COLLEGE, Plaintiff JODY B. PANIAN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-3685 CIVIL ACTION-LAW JURY TRIAL OF TWELVE DEMANDED PRAECIPE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please mark thc judgment in the above-captioned case satisfied and issue a certificate reflecting the same. Date: February 5, 2004 MARTSON DEARDORFF WILLIAMS & OTTO By -. Ten East High Street Carlisle, PA 17013-3093 (717) 243-3341 Attorneys for Plaintiff CERTIFICATE OF SERVICE I, Marti Iben, an authorized agent for Martson DeardorffWilliams & Otto, hereby certify that a copy of the foregoing Praecipe was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Jody B. Panian 5201 Red Hill Way Baltimore, MD 21237 MARTSON DEARDORFF WILLIAMS & OTTO Marti Iben Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: February 5, 2004