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761N: ,~O
v.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 03. 3'l.LO ~ Tu-
CIVIL ACTION-LAW
DICKINSON COLLEGE,
Plaintiff
DAWN A. SIMECEK,
Defendant
JURY TIDAL 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
WILLIAMS & OTTO
Attorneys for Plaintiff
Date: August I, 2003
v.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 03- 3 -)J.o CMx-e Iu-
CIVIL ACTION-LAW
DICKINSON COLLEGE,
Plaintiff
DAWN A. STh-1ECEK,
Defendant
JURY TRIAL OF TWELVE DEMANDED
COMPLAINT
AND NOW, comes Plaintiff Dickinson College by and through its attorneys, MARTS ON
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 Dawn A. Simecek is an adult individual with a last known address of9300
Liberty Road, Twinsburg, Summit County, Ohio 44087-1836.
3. On or about August 29, 1994, Defendant entered into a Promissory Note - Federal
Perkins Loan Program (Note #1) with Plaintiffforthe financing of$2,000.00, plus interest and costs
by Defendant on her own behalf, for educational services and benefits at Plaintiff's institution. A
copy of Note #1 is attached hereto as Exhibit "A."
4. On or about September 25, 1995, Defendant entered into an additional Promissory
Note - Federal Perkins Loan Program (Note #2) with Plaintiff for the financing of $1 ,000.00, plus
interest and costs by Defendant on her own behalf, for educational services and benefits at Plaintiff s
institution. A copy of Note #2 is attached hereto as Exhibit "B."
5. On or about December 16, 1996, Defendant entered into an additional Promissory
Note - Federal Perkins Loan Program (Note #3) with Plaintiff for the financing of $1 ,000.00, plus
interest and costs by Defendant on her own behalf, for educational services and benefits at Plaintiff's
institution. A copy of Note #3 is attached hereto as Exhibit "C."
6. On or about August 30, 1997, Defendant entered into an additional Promissory Note-
Federal Perkins Loan Program (Note #4) with Plaintifffor the financing of$l ,200.00, plus interest
and costs by Defendant on his own behalf, for educational services and benefits at Plaintiff s
institution. A copy of Note #4 is attached hereto as Exhibit "D."
7. Note #1, Note #2, Note #3, and Note #4 are funds created underPart E of Title IV of
the Higher Education Act of 1965 as amended, (hereinafter the "Act") and are subject to the Act and
the Federal Regulations issued under the Act.
8. As provided in the Act, Plaintiff acts in a fiduciary capacity in the handling,
disbursing and collecting of funds associated with the programs under the Act.
9. The total principal for Note #1, Note #2, Note #3, and Note #4 is $5,200.00.
10. Note #1, Note #2, Note #3, and Note #4 grant Plaintiff reasonable collection and
attorney's fees which Plaintiff has calculated to be $780.00.
11. As of July 16, 2003, the principal and interest due and payable by Defendant to
Plaintiff was $6,382.07, plus interest accruing thereafter at $.71 per day.
12. The outstanding balance of$6,382.07 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.
13. Plaintiffhas fulfilled, performed and complied with all obligations and conditions of
Note #1, Note #2, Note #3, and Note #4.
COUNT I
BREACH OF CONTRACT
14. Plaintiff hereby incorporates by reference the averments contained in Paragraphs 1
through 13 of this Complaint.
15. 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$6,382.07,
plus interest accruing at $.71 per day, collection and attorneys' fees in the amount of $780.00 and
costs of suit.
COUNT II
IN QUANTUM MERUIT
16. Plaintiff hereby incorporates by reference the averments contained in Paragraphs 1
through 15 of this Complaint.
17. Having requested Plaintiffto loan money, and doing so to the benefit of Defendant,
Defendant became liable to Plaintiff for said money.
18. Defendant has been unjustly enriched by accepting said money without paying
Plaintiff reasonable compensation therefor.
19. As of July 16, 2003, the total amount by which Defendant has become enriched is
$6,382.07, plus interest accruing at $.71 per day from July 16, 2003.
WHEREFORE, Plaintiff demands judgment against Defendant in the amount of$6,382.07,
plus interest accruing at $.71 per day, collection and attorneys' fees in the amount of$780.00 and
costs of suit.
~&OITO
By )--1
David R. Galloway ./ I
1.D. Number 87326
Ten East High Street
Carlisle, PA 17013-3093
(717) 243-3341
Attorneys for Plaintiff
,
Date: August 1, 2003
-09
Promissory Note-Federal Perkins Loan Proe:ram
[Any bracketed clause or paragraph may be included at option of instibJtion.]. .
!, n~wn A Sim~j~T{. ,promisetopayto D1cklnson ColleQe (bereioaftercalledthe
Institution), located at t;ar 1151 e. PA 17013-2896 . the sum of the amounts that are advanced to me and endorsed in the
Schedule of Advances set forth below. I promise to pay all reasonable collection costs, including anorney fees and other charges, necessary for
the collection of any amount not paid when due.
I further understand and agree that:
I. General
(I) ~nnlicable Law. All sum. 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 (bereioafter called the Act), and are subject to the Act and the Federal regulations issued under the Act. The term. of this
Dote sh~ll be interpreted in accordance with the Act and Federal regulations, copies of which are to be kept by the InstitutioD~
(2) Procedures for ReceiviD2 Deferment. Cancellation. or Forbearance. r understand that, to receive a deferment, cancellation, or
forbearance, I must request the deferment, cancellation, or forbearance in writing from the Institution and must submit to the Instirotion any
documentation required by the Institution to prove that I qualify for the deferment, cancellation, or forbearance. I further understand that, if I
am eligible for deferment, cancellation, or forbearance under Articles VI through XIV, I am responsible for submitting the appropriate requests
on time. I further understand that I may lose my deferment, cancellation, and forbearance benefits if I fail to file my request on time.
II. Interest
Interest shall accrue from the beginning of the repayment period and sball be at the ANNUAL PERCENTAGE RATE OF FIVE PERCENT
(5%) on the unpaid balance, except thac. no interest shall accrue during allY deferment period described in Article vn.
m. ReDavment
(1) [promise to repay the principal and the interest that accrues on it to the Institution over a period beginning nine (9) months after the date
I cease to be at leSst a balf.time regular student at an institution of higher education, or at a comparable institution outside the United States
approved for this purpose by the United States Secretary of Education (hereinafter called the Secretary), and ending ten (10) years later, uule..
that period i. [shortened under paragrapb illeS), or] extended under paragraph. ill(4), m(7) (extensions), VU(l), or VU(3) (deferments).
(2) Upon my written request, the repayment period may start on a date earlier than the one indicated in paragrapb me!).
(3)(A) I promise to repay the principal and interest over the course of the repayment period in equal monthly, bimonthly, or quanerly
installments, as determined by the Institution. I understand that. if my installment payment for all the loans made to me by the Institution is not
a multiple of $5, the Institution may round that payment to the next highest dollar amount that is a multiple of $S.
(9) Notwithstanding paragraph m(3)(A), upon my written request, repayment may be made in graduated installments in accordance with a
schedule approved by the Secretary.
(4) NotwithstaDding paragraph m(l), if I qualify as a low.income individual during the repayment period, the InstiNtion, upon my written
request, may extend the repayment period for up to au additional ten (10) years and may adjust any repayment schedule to reflect my income.
[(S)(A) If the monthly rate that would be established under paragraph m(l), or the total monthly repayment rate of principal and interest on
all my Federal Perlcins Loans, including this loan. i. Ie.. than $40.00 per month. I shall repay the principal and interest on
this loan at the rate of $40.00 per month (wbich include. both principal and interest).
(S)(B) If I have received Federal Perkins Loans from other institutions and the total monthly repayment rate: on those loans is less than
$40 . 00 the $40 . 00 monthly payment e.tablisbed under subparagraph ill(S)(A) include. the amounul owe
on all my outstanding Federal Perkins Loans, including those received from other institutions. The portion of the $40.00
monthly payment that will be applied to this loan will be the difference between $40.00 and the total of the amounts owed at a
monthly rate on my other Federal Perkins Loans.
(6) The ,Institution may permit me to pay Ie.. than the rate of $40.00 per month for a period of not more than one (I) year
where necesaary to avoid hardship to me unless that action would extend the repayment period in paragraph m(l).]
(1) The Institution may, upon my written request, reduce any scheduled repayments or extend the repayment period indicated in paragraph
m(l), if, in its opinion. circumstances such as prolonged illness or unemployment prevent me from making the scheduled repayments.
However, interest shall continue to accrue.
IV. Preoavment
(1) I may, at my option and without penalty, prepay all or any part of the principal, plus any accrued interest thereon, at any time.
(2) Amounts I repay in the academic year in which the loan was made and the initial grace period has not ended will be used to reduce the
amount of the loan and will not be considered a prepayment.
(3) If I repay amounts during the academic year in which the loan was made and the initial grace period ended, only those amountB in eXcess
of the amount due for any repayment period shall be considered a prepayment.
(4) If, in an academic year other than the award year in which the loan was made, I repay more than the amount due for an installment, the
excess will be used to repay principal unless I designate it as an advance payment of the next regular installment.
V.~
(1) The Institution may, at its option, declare my loan to be in default and may demand immediate payment of the entire unpaid balaace of
the loan, including principal, interest, late charges, and collection costs, if-
(A) I do not make a scheduled payment when due under the repayment schedule established by the Institution; and
(B) I do not submit to the InstitutioD, on or before the date on which payment is due, documentation that I qualify for a deferment,
cancellation, or forbeaiance as described in Articles VI, vn, VITI, IX, X, XI, xn, xm. or XIV of this agreement.
(2) I understand that the Institution may disclose to credit bureau organizations the amount of loans made to me, along with other relevant
Page 1 of 4
EXHIBIT "A"
Federal Perkins/July 1993
information.
(J) [understand that, if I default OD my loan. the Institution may disclose that I have defaulted, along with other relevant information, to
credit bureay organizatioD5.
(4) Further, I understand that, if I default on my loan and the loan is assigned to the Secretary for collection, the Secretary may di~lose that
I have defaulted, along with other relevant information, to credit bureau organizations.
(5) I understand that, if I default on my loan, I will lose my right to forbearance.
(6) I understand that, if I default on my loan, I wiUlose my right to defer repayments.
(7) I understand that, if the Institution accelerates the loan under paragraph V(1), I will lose my right to receive a cancellation of a portion of
my loan for any service described in Articles VIII, lX, X, XI, XII, xm, or XIV performed after the date the Institution accelerated the loan.
(8) I understand that failure to pay this obligation under the terms agreed upon will prevent my obtaining additional student financial aid
authorized under Title N of the Higher Education Act of 1965, as amended, until I have made arrangements that are satisfactory to the
Institution or the Secretary regarding the repayment of the loan.
VI. Forbearance
(1) I understand that, upon making a properly documented written request to the Institution, I am entitled to be granted forbearance of
principal and interest or principal onJy, renewable at 12.month intervals, for a period not to exceed three years, if-
(A) My debt burden equals or exceeds 20 percent of my gross income; or
(B) The InstilUtion determines that I qualify for other reasons.
VII. Deferment
(1) I understand that, upon making a properly documented written request to the Institution, I may defer making scheduled installment
payments and will not be Hable for any interest that might otherwise accrue during the following periods:
(A) For any period that I am-
(0 Enrolled and in attendance as a regular student in at least a half-time COUTse of study at an eligible institution;
(ii) Enrolled and in attendance as a regular student in a course of study that is part of a graduate fellowship program approved by the
Secretary;
(iii) Engaged in graduate or post.graduate feltowship.supported study (such as a Fulbright grant) outside the UDited States; or
(iv) Enrolled and in attendance in a course of study that is part of a rehabilitation traiDing program for disabled individuals approved by the
Secretary.
(B) For any period that I am engaged in service described in Articles vm, IX, X, XI, XII, XIII, or XIV of this agreement.
(C) For a period not to exceed three (3) years during which-
(i) I am seeking and unable to find full.time employment; or
(ii) For auy reason that my Institution determines bas caused or wilt cause me to bave an economic hardship.
(2) I understand that I am not eligible for a deferment under paragraph (VII)(l)(A) while I am;serving in a medical internship or residency
program.
(3) I understand that I may continue to defer making scheduled installment payments and will not be liable for auy interest that might
otherwise accrue for a six (6) month period immediately following the expiration of auy deferment provided in paragraph VU(1).
VIn. Teachin2 Cancellation
(1) I understand that, upon making a properly documented written request to the Institution, I am entitled to have up to 100 percent of the
amount of this loan plus the interest thereon canceled if I perform qualifying service after the period for which I received the 1080-
(A) As a ft1l1.time teacher in a public or other nonprofit elementary or secondary school in the school district of a local educational agency
that is eligible in such year of service for funds under Chapter 1 of the Education Consolidation and Improvement Act of 1981, as amended, and
which has been designated by the Secretary (after consultation with each State Department of Education) in accordance with the provisions of
section 465(a)(2) of the Act as a school with a high concentration of students from low.income families. AD official Directory of designated
low-income schools is published annually by the Secretary;
(B) As a full-time special education teacher (including teachers of infants, toddlers, children, or youth with disabilities) in a public or other
nonprofit elementary or secondary school system, or as a fuU.time qualified professional provider of early intervention services in a public or
other nonprofit program under public supervision by the lead agency as authorized in section 676(b)(9) of the Individuals With Disabilities
Education Act; or
(C) As a fulJ.time teacher of mathematics, science, foreign languages, bilingual education, or any other field of expertise that is determined
by the State Department of Education to have a shortage of qualified teachers.
(2) A portion of this loan will be canceled for each completed year of teaching service at the following rates:
(A) IS percent of the total principal amount of the loan plus interest on the unpaid balance accruing during that year for each of the first and
second complete academic years of that teaching service;
(B) 20 percent of the total principal amount of the loan plus interest on the unpaid balance accruing during that year for eacb of the third and
fourth complete academic years of that teaching service; and
(C) 30 percent of the total principal amount of the loan plus interest on the unpaid balance accruing during that year for the fifth complete
academic year of that teaching service.
IX. Head Start Cancellation
(1) I understand that, upon making a properly documented written request to the Institution, I am entitled to have up to 100 percent of the
amount of this loan plus the interest thereon canceled if I perform qualifying service after the period for which I received the loan as a full.time
staff member in a Head Start program if-
(A) That Head Start program is operated for a period that is comparable to a full school year in the locality; and
Page 2 of 4
Federal Perkins/July 1993
(B) My salary is not more than the salary of a comparable employee of the local educational agency.
(2) This loan will be canceled at the rate of 15 percent of the total principal amount of the loan plus interest on the unpaid balance accruing
during that year for each complete school year or equivalent period of service in a Head Start program.
(3) Head Start is a preschool program carried out under the Head Start Act.
X. MilitarY Cancellation
(1) I understand that, upon making a properly documented written request to the Institution, I am entitled to have up to SO percent of the
principal amount of this loan plus the interest thereon canceled if I serve as a member of the Armed Forces of the United States in an area of
hostilities that qualifies for special pay under section 310 of Title 37 of the United States Code.
(2) This loan will be canceled at the rate of 12 1/2 percent of the total principal amount of the loan plus interest on the unpaid balance
secruing during that year for each complete year of such qualifying service after the period fnr which! received the loan.
XI. Volunteer Service Cancellation
(1) I understand that, upon making a properly documented written request to the Institution, I am entitled to have up to 70 percent of the
amount of this loan plus the interest thereon canceled if I perform qualifying service after the period for which I received the loan-
(A) AA a volunteer under the Peace Corps Act; or
(8) As a volunleer under the Domestic Volunteer Service Act of 1973 (ACTION programs).
(2) This loan will be canceled at tho following rates:
(A) 15 percent of the total principal amount of the loan plus interest on tho unpaid balance accruing during that year for each of the first and
second twelve (12) month periods of volunteer service completed; and
(8) 20 percent of the total principal amount of the loan plus interest on the unpaid balauce accruing during that year for each of the third and
fourth twelve (12) month periods of volunteer service completed.
XII. Law Enforcement or Corrections Officer Cancellation
(1) I understand that, upon making a property documented written request to the Institution, I am entitled to have up to 100 percent of the
amount of this loan plus the interest thereon canceled if I perform qualifying service after the period for which I received the loan-
(A) ~ a full-time law enforcement officer (or service to an eligible local, State, or Federal law enforcement agency; or
(8) ~ a fuU-time corrections officer for service to an eligible local, State, or Federal corrections agency.
(2) A portion of this loan will be canceled for each completed year of law enforcement or corrections service at the following rates:
(A) 15 percent of the total principal amount of the loan plua interest on the unpaid balance accruing during that year for each of the first and
second complete years of that service;
(B) 20 percent of the total principal amount of the loan plus interest on the unpaid balance accruing during that year for each of the third and
fourth complete years of that service; and
(C) 30 percent of the total principal amount of the loan plus interest on the unpaid balance accruing during that year for the fifth complete
year of that service.
xm. Nurse or Medical Technician Cancellation
(1) I underataDd that, upon making a properly documented written request to the Institution, I am entitled to have up to 100 percent of the
amount of this loan plus the interest thereon canceled if I perform qualifying service after the period for which I received the loan as a full-time
nurse or medical technician providing health care services.
(2) A portion of this loan will be canceled for each completed year of service at the following rates:
(A) 15 percent of the total principal amount of the loan plus interest on the unpaid balance accruing during that year for each of the first and
second complete years of that service;
(B) 20 percent of the total principal amount of the loan plus interest on the unpaid balance accruing during that year for each of the third and
fourth complete years of that service; and
(C) 30 percent of the total principal amount of the loan plus interest on the unpaid balance accruing during that year for the fifth complete
year of that service.
XIV. Child or Familv Service A2encv CancellatioD
(1) I understand that, upon making a properly documented written request to the Institution, I am entitled to have up to 100 percent of the
amount of this loan plus interest thereon canceled if I perform. qualifying; service after the period for which I received the loan as a full.time
employee of an eligible public or private nonprofit child or family service agency who is providing, or supervising the provislon of, services to
high~risk children who are from low-income communities and the families of such children.
(2) A portion of this loan will be canceled for each completed year of service at the following rates:
(A) IS percent of the total principal amount of the loan plus interest on the unpaid balance accruing during that year for each of the first and
second complete years of that service;
(B) 20 percent of the total principal amount of the loan plus interest on the unpaid balance accruing during that year for each of the third and
fourth complete years of that service; and
(e) 30 percent of the total principal amount of the loan plus interest on the unpaid balance accruing during that year for the fifth complete
year of that service.
XII. Death and Disabilitv Cancellation
(1) In the event of my death, the total amount owed on this loan will be canceled.
(2) If I become permanently aod totally disabled after I receive this loan, the Institution will cancel the total amount of this loan.
XVI. Chanl!.e in Name. Address. TeleDhone Number. or Social Security Number
I am responsible for illforming the Institution of any change or changes in name, address, telepbone number. or Social Security number.
Page 3 of 4
Federal PerkinslJuly 1993
XVII. Late Chane
(1) The [nstirutioD will impose a-late charge if-
. (A) I do not make a scheduled payment wben it is due; and
(8) I do not submit to the lnatirution, on or before the date on which payment i. due, documentation that I qualify for a deferment,
cancellation, or forbearance aI described in Articles VI, vn, vm, IX, X, XI, xn, xm, or XIV of thi, agreement.
(2) No charge may exceed 20 percent of my monthly, bimonthly, or quarterly payment.
(3)(A) The InstilUtion 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 bave received Dotice of the late charge.
(B) If the Institution elects to add the late charge to the outstanding principal of the loan. it must so inform me before the due date of the
next installment.
XVIn. Assismment
(I) This note may be assigned by the Institution only lO-
(A) The United States;
(8) 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) Tbe provisions of this note that relate to the Institution shall, where appropriate, relate to an assignee.
(3) Any bolder of this loan is subject to all claims and defenses that I could assert against the Institlltion that made this loan; my recovery i.
limited to the amount I repaid on this loan.
XIX. Prior Loans
I hereby certify that I have listed below all of the Federal Perkins Loans I have obtained at other institutions. (If no prior loans have been
received, state -None. ")
FEDERAL PERKINS LOANS AT OTHER INSTITUTIONS
1
2
3
4
Amount
NOrV'r1
Date
AI D /'Ills"
Institution
A!'()J'IJr:
XX. Schedule of Advances
Tbe following amounts were advanced to me under this loan agreement OD the dates iadicated:
Amount Dale Si~_ re OfB:;'.. we~J)
I $1.000.00 8/30/94 ~.~
2 $1.000.00 1/24/95 ~r"- 0.. '--J/.
3 ...-'
4
NOTICE TO BORROWER: DO NOT SIGN THIS NOTE BEFORE YOU READ IT.
I UNDERSTAND AND AGREE TO ALL OF THE FOREGOING TERMS AND CONDmONS.
(This note is signed Asealed instrum~
SignalUre l ~1 >.r- U-
Date ()~Wa, 7- i ' 19 J!I
J
Permanent Address (Street or Box Number, City, State, and Zip Code)
9'YY{) t~ I tp,f ~ e~, '\W (r0S ?,ue&
d f)q'- 9-~ -)lO-!~
_JJ
[(seal)]
CI4
r-F/o!5-- ')
Social Security Number (borrower must provide)
The borrower and Institution shall execute this note without security and without endorsement.
The Institution shall provide a copy of this note to you and you should retain the copy for your records.
(Authority: 20 U.S.C.1087dd)
Page 4 of 4
Federal Perkins/July 1993
00273-000-00-2921-09
-09
Promissorv Note-Federal Perkins Loan Proe:ranl
[Any Qraclreted clause 9r paragrapb may be included at option of institution.]. .
l,~wn An.'} SlO1eC:~k,~ 'rromise to pay to Dlck1nson ColleQe (bereiDaftercalledthe
Institution),locatedat . "tar11S1e. PA 1703-2896 . the sum of the amounts that are advanced to me and endorsed in the
Scbedule of Advance. set forth below. I promise to pay all reasonable collection costs, including attorney fees and other cbarges. necessary for
the coUection of any amount not paid when due.
I further understand oad agree that:
I. Qs!mI
(I) ADnlicable Law. All sums advanced under tbio 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 regnlations issued under the Act. The terms of this
note sbaIJ be interpreted in accordance with the Act and Federal regulatio.... copies of whicb are to be kept by the InstiDltiOn.
(2) l'rocedures for Rece;vin2 Defennent. C3IlcellaliQn. c>r ForbellrlUlce. I understand that. CO receive a deferment. cancellation. or
forbearaJlCe. I must request the deferment, cancellation. or forbearance in writing from the Institution and must submit to the InstiDltion InY
documentation required by the InstiDltion to prove that I qualifY for the deferment. canceUation, or forbearance. I further understand that. if I
am elicible for deferment, coacel1ation, or forbearance under Articles VI through XIV. I ani relpOll8ible for IIlbmittinc the appropriate req1l_
on time. I further understand that I may lose my deferment, cancellation, and forbearance benefits if I fail to file my request on time.
n. In\m!l
Interest sbaIl accrue from the beginning of the repayment period and sball be at the ANNUAL PERCENTAGE RATE OF FIVE PERCENT
(5"') on the unpaid balance. except that no interest sba11 accrue during oay deferment period described in Article vn.
m. ReD8Yment
(1) I promise to repay the principal and the interest that accrues on it to the InstiDltion over a period beJinniDg nine (9) months after the date
I cease to be at leAst a balf-time replar student at an institution of higher education. or at a comparable instiDltion outside the United s_
IIpprovecl for this purpose by the United State. Secretary of Education (hereinafter caI1ed the Secretary). and endinC ten (10) yean later. unl_
that period is (sbortened under pllt'&Jl'llpb m(S), or] extended uDder paragrapbs m(4). mO) (exteasloas). W(l). or WO) (defermelllS).
(2) Upon my written request. the repayment period may start on a date earlier than the .... indic:atecl ill parqrapb m(1).
O)(A) I promi.. ID repay the principal and iIlterest over the course of the repayment period ill equal moJlthly. bimonthly. or qIlIII1erly
instalImenU. .. determined by the InstiDltion. I understand that. if my insta1lment payment for all the loans made CO me by the Institution d not
. multiple of $5, the InstiDltion may round that payment to the next bighest dollar amOllnt that i. a multiple of $5.
(8) NOlWithstaadinc paragrapb mO)(A), upon my written request. repayment may be made in craduated insta11ments ill accordance with a
scbedule IIpproved by the Secretary.
(4) NOlWith_inC parqrapb m(l), if I qualifY .. a low-iDcome individual durinC the repayment period, the Institution, upon my written
request. may extood the repayment period for up to an additional ten (10) year. and may adjllSt oay repayment schedule CO reflect my income.
[(S)(A) If the monthly rate that would be estab1isbed under paracrapb m(l). or the total monthly repayment..... of principal and interest on
all my Federal Perltins LoIDa, includin& this loan. i. Ie.. than $40. 00 per month. I sbaIl repay the principal and interest on
this loaD at the rate of $40.00 per month (whicb includes both principal and interest).
(S)(8) If I have received Federal Perltins LoIDa from other institutions and the cotal monthly repayment rate OIl th_ loans d 1_ tban
$40 . 00 the $40.00 monthly payment estab1isbeclunder IIlbparacrapb III(S)(A) insludea the amounts I __
on all my OIl-..dinC Federal Perltina LoIDa, includinC those received from other iDstitutions. The ponion of the $40.00
monthly payment that will be applied to this loan will be the difference between $40.00 and the tota1 of the amOllnU owed at a
monthly rate on my other Federal Perltina LoIDa.
(6) The .InstiDltion may permit me to pay Ie.. than the rate of $40. 00 per month for a perinel of not more than one (1) year
where aeceaary ID avoid hardsbip to me unle.. that action would extend the repayment period in paracrapb III(I).]
0) The InstiDltion may, upon my written request. reduce any scbeduled repaymeots or eXleDd the repayment period indicated io paragrapb
m(I), if. in its opinion. circumstances IIlcb as prolonged illness or unemployment prevent me from ma1dnC the scbeduled repayments.
However, interest shall cootinue to ACenae.
IV. PreDavment
(1) I may. It my option and withOllt penalty, prepay all or oay part of the principal, plus any accrued iIlterelC thereon, at any time.
(2) AmOllnts I repay ill the academic year in which the loan was made and the initial crace perinel b.. not ended will be IlIecIto reduce tile
amount of the loan and will not be considered a prepayment.
0) If I repayamOllnts durinC the academic year in wbicb the loan was made and the initial crace period ended, only those amounts in exc_
of the amOllnt due for any repayment perinel sbaIl be cnnsidered a prepaymeot.
(4) If, in In academic year other than the award year in whicb the loan was made, I repay more thoa the amount due for an iII8taIlment. the
excess will be used to repay principalllnJess I designale it as all advance payment of the aex.t regular i.a.stallmeut.
V.~
(1) The Institution lDay, at its aption. declare my loan to be in default and may demand immediate payment of the entire unpaid baJauce of
the loan, iacludi.a& principal. iaterest, lale charges, and collecuoD CostS. U-
(A) I do not mal<e e..scbeduled payment wben due under the repayment scbedule established by the Institution; and
(B) I do DOt submit to the lnstitution, on or before the date on which payment is due, documeotation that I qualify for a deferment,
ca.oceUatioD. or forbearance as described. in Articles VI, VUI vm, IX, X, Xl, XD. xm, or XIV of this _gteement.
(2) I understand that the Institution may disclose to credit bureau organizations the amount of loans made to me, aJong with other relevaDt
Page 1 of 4
EXHIBIT "B"
Federal Perlcinslluly 1993
information.
'(3) I understand that, jf I defauJt on my loan, the In&titution may disclose' that I bave defaulted, alOllg with other rel~vant informaUPll, to
credit bureau organizations.
(4) Further, I understand that, if I default 00 my loan and the Joan i.t assigned to the! Secretary for coUeetion, the Sel:retary may disclose that
J bave defauJted, aloDg with other relevant informatioD, to credit bureau organizations.
(5) I understand that, if I default on my loan. ! will Jose my right 10 forbearance.
(6) I understand thai. if I default on my loan. I will Jose my rightID defer repayments.
(1) I unde...tand that. if the Institution accelerates the loan under paragrapb V(I), I will lose my right to receive a cancellation of a portion of
my loaa for allY aervice ducribed in Article. vm, IX, X, XI, XII, XlU, or XIV performed after the date the Institution accelerated the loan.
(8) I understand that failure ID p.y this obligation under the terms .greed upon will prevent my obtaining additional student financial aid
authorized uDder Title IV of the Hiper Education Act of 1965, as amended, until I have made arrangements that are satisfactory to the
lnsI:itution or the Secretary regarding the repayment of the Joan.
VI. Forbearance
(J) I undentaDd that, upon maJciag a properly documented written request to the Institution, I am entitled to be granted forbearance of
principal ADd interest or principal only, renewable at J2..montb interval.. for a period not to exceed three years, if-
(A) My debt burden equals or exceeds 20 percent of my gross income; or
(ll) The Institution determines that I qualify for other reasons.
Yn. Deferment .
(I) ! understand thai, upon making. properlY documented written request to the Institution. I may defer making scbeduled instaUment
paymenu and will not be: Hable for IIDY interest that might otherwise accrue during the fanowiae periods:
(A) For any period that I am-
(i) Enrolled and in attendance u a regnlar student in at least a balf.time course of study at an eligible institution;
(ii) Enrolled and in attendance u a regular student in a course of study that is pan of a graduate fellowrbip program approved by the
Secretary;
(iii) Bopged in graduate or pool-graduate fellowrbip-supported study (sucb u . Fulbright grant) outside the United Stale8: or
(iv) Enrolled and in attendance in . course of stUdy that i. pan of a rebabiIitation training program for disabled individual. approved by the
Secretary.
(B) For any period that I am engaged in ..rvice described in Article. vm, IX, X, XI. XU, XIII, or XIV of thi. .greemenl.
(C) For a period ootID exceed three (3) year. during whicb-
(i) I am _Icing and uoable to find full-time employment: or
(ii) For any re&IOn that my Inatitation determiDea bu caused or will cause me to ha... an economic bardabip.
(2) I undentud that I am _eligible for. deferment under paragrapb (VII)(l)(A) while I am'serving in. llledical internship or residency
program.
(3) I unde_ that I may coOlinne to defer making scheduled inatallment p.yments and will DOl be liable for any intereal that might
otherwia4l accrue for. lilt (6) month period immediately following the expiration of any deferment provided in paragrapb VlI(I).
vm. Teachin. Cancell.tion
(I) I understand that, upon makiDg a properly documented written request to the Inatimtion, I am entilled to ha... up to 100 percent of the
UIIOlIot of thia loan plua the intereal thereon canc.led if I perform qualifYiog ..mce .fter the period for which I received the loan-
(A) As. full-time teacIIer in . public or other nonprofit elementary or secondary scbool in lbe scbool district of. local educational agency
Ibat i. eligible in such year of ..rvice for funds under Chapter 1 of the Education Consolidation and Impro...ment Act of 1981, u amended, and
whicb hu been deaigoated by the Secretary (after consultation with eacb State Department of Education) in accordance with the proviaiollS of
_tiOD 465(.)(2) of the Act u . scbool with . bigh coocentration of students from I......incom. families. An official Directory of claaipaled
low-income scbool. i. published _ually by the Secretary:
(B) As. full-time special educatioa teacber (inCluding teacbers of inf""ts, toddlers. cbildren, or youth with disabilities) in . public or other
DOoprofit elementary or secondary scbool system, or u . full-time quaJified professiooaJ provider of early intervention services in a public or
otber oo.profit program under public lllperviaion by the lead .gencyas authorized in section 676(b)(9) of the Individuals With Disabilities
EduCatioD Act; or
(C) As. full-time teacber of mathematics, science, foreign languages, bitingual education, or any other field of expertise that is determined
by !be State Department nf Education ID have a shonage of qualified teachers.
(2) A portion of thi. loan will be canceled for eacb completed year of teacbing service at the following rates:
(A) 15 percent of the lola1 principal amount of the loan plua interest 00 the unpaid balance accruing during th.t year for each of the first and
eecoDcl cOlDplete academic yean of thai teachinC Jemee;
(ll) 20 percent of the total principal amount of the loan plus interest on the unpaid balance accruing during that year for ...b of the tbird and
fourth complete llClIdemic years of that teacbing service: and
(C) 30 percent of the total principal amount of the loan plus interest on the unpaid balance accruing during that year fnr the fifth complete
academic year of thai teacbing service.
IX. Head Stan Cancellalion
(I) I undentud that, upon makiDg . properly documented written request to the Institution, I am entitled to b.... up to 100 percent of the
amount of this loan pins the interest thereon canceled if I perform qualifyiDg service .fter the period for whicb I received the loan u a full-time
staff member in a Head Start program if-
(A) That Head Stan program is operated for a period that is comparable to . full scbool year in the locality; and
Page 2 of4
Federal PerkinslJuly 1993
(B) My salary i. not more than the salary of a comparable employee of the local educational agency.
(2) Thi. loan will be canceled at the rate of 15 percent of the total principal amount of the loan plus interest on the unpaid ba1ance accruing
during that year for eaeb complete IChool year or equivalent period of service in a Head Start program.
(3) Head Start i. a preschool program carried out under the Head Start Act.
X. Militarv Cancellation
(I) I understaod that, upon malting a properly documented written request to the Institution, I am entitled to have up to SO percent or the
principal amount of thi. Joan plus the interest thereon canceled if I aerve as a member of the Armed Forces of the United States in an area of
hostilities that qualifies for special pay under section 310 of Title 37 of the United States Code.
(2) This loan will be canceled at the rate of 12 1/2 percent of the total principal amount of the loan plus interest on the unpaid balance
accruing during that year for each complete year of such qualifying service after the period for which I received the loan.
XI. Volunteer Service Cancellation
(I) I understand that, upon malcing a properly documented written request to the InstilUtinn, I_entitled to have up to 70 percent of the
amount of this loan plus the interest thereon canceled if I perform qualifying service after the period for which I received the loan-
(A) As a volunteer under the Peace Corps Act; or
(B) As a volunteer under the Domestic Volunteer Service Act of 1973 (ACTION programs).
(2) 'I1Wo loan will be canceled at the following rates:
(A) IS percent of the total principal amount of the loan plus interest on the unpaid ba1ance accruina during that year for each of the fint and
second twelve (12) month periods of volunteer service completed; and
(B) 20 percent of the total principal amount of the loan plus interest on the unpaid balance accruing during that year for each of the third and
fourth twelve (12) month periods of volunteer service completed.
XII. Law Enforcement or Corrections Officer Cancellation
(I) I uoderstaod that, upon malcing a properly cIocumented written request to the Institution, 11.1II entitled to have up to 100 percent of the
amount of thi. loan plus the interest thereon canceled if I perform qualifying service after the period for which I received the loan-
(A) J.. a ftill-time law eaforcement officer for .rvice to aa. eli&ibJe local. State, or Federal Jaw enforcellleDl &leocy; or
(B) As a fiIII-time correclions officer for service to an eligible local, State, or FedenI cotnctiono agency.
(2) A portion of this 1_ will be canceled for each completed year of law enforcement or cornctions service at the following ......:
(A) IS percent of the tota1 principal amount of tho loan plus interest on the unpaid baJance accruing during that yar for each of the lint and
leCoDd complete years of that ..rvice.
(B) 20 percent of the tota1 principal amount of the 1_ plus interest on the unpaid ba1ance accruing during that yar for each of the third and
fourth complete yan of that service; and
(C) 30 percent of the total principal amount of the loan plus interest on the unpaid balance accruing during that year for the fifth complete
yar of that service.
xm. Nune or Medical Technician r...ncellatioD
(I) I underotand that, upon malting a properly documented written request to the Institutin.n, I_entitled to have up to 100 percent of the
l.lllount of thi. loan plus the interest thereon canceled if I perform qualifying service after the period for which I receiVed the loan u a full-time
Dune or meclicaJ technician providing health care services.
(2) A portion of this loan will be canceled for each completed year of service at the fnllowing rates:
(A) IS percent of the total principal amount of the loan plus interest on the unpaid balance accruing during thas yar for each of tho fir.. and
second complete yearo of thas service;
(B) 20 percent of the total principal amount of the loan plus interest on the unpaid ba1ance accruing during that year for each of the thinI and
fourth complete yan of that service; OIld
(C) 30 percent of the total principal amount of the loan plus interest on the unpaid balance accruing during that year for the fifth complete
yar of that oervice.
XlV. Child or F.m;ly Service Mency Cancellation
(I) I unde_ that, upon malting a properly documented written request to the Institution. I am entitled to have up to 100 percent nf the.
amount of this 1_ plus interest thereon canceled if I perform qualifying service alter the period for which I received the loan u a full-time
employee of all eligible public or private nonprofit child or family _rvice ageDCY who i. provicliag, or SUperviaiD& the provi.ion of, lervicu to
high-riok children who are from low-incnme communities and the famiIie. of such children.
(2) A portion of this loan will be canceled for each completed yar of servico at the fnllowing rate.:
(A) IS percent of the tota1 principal amnunt of the loan plus interest on the unpaid halance accruing during that year fnr each of the first and
IeCOnd complete years of that service;
(B) 20 percent of the total principal amount nf the loan plus interest nn me unpaid ba1ance ,""cruing during that year for each of the thinI and
fourth complete years of that service; and
(C) 30 percent of the total principal amount nf the loan plus interest on the unpaid balance accruing during that year for the fifth complete
year of that service.
XV. Death and DisabililV Cancellation
(I) In the event of my death, the total amount owed on thi. loan will be canceled.
(2) If I become pe",!anently and totally disabled after I receive this loan, the Institution will cancel the total amounl of thi. loan.
XVI. Chan.e in Name. Address. Teleohone Number. or Social Securitv Number
I am responsible for informing the Institution of any Change or changes in name, address, telephone number, or Social Security Dumber.
Page 3 of 4
Federsl Perkins/July 1993
xyn. Late Chane
(1) The '1natitutiod will impooe a.late charge if-
(A) I do not make a "beduled payment wben it j, due; aud
(B) I do not IUbmit to the Institution, 00 or before the cI.att on which payment i. due, documentation that I qualify for a deferment,
cancellation, or forbearance AI described in Article. VI, VII, vm, IX, X, Xl, XII, XIU, or XIV of thi. agreement.
(2) No cbarge may exceed 20 percent of my monthly, bimonthly, or quarterly paymenL
(.l)(A) Tho Institution may-
(i) Add the late charge to the principal the day after the scbeduled repayment was due; or
(ii) Include it with the nextscbeduled repayment after I bave received notice of the late cbarge.
(Il) If the Institution elects to add the late cbarge to the oul5landing prillCipaJ of the loan, it must so inform me before the due dale of the
Dext installment.
xvm. Assitf'nment
(I) Thi. note may be assigned by the Institution only lO-
(A) The United States;
(8) Another iDltitutioD upon my transfer to that iostitutioD if that institution is participating in this program; or
(C) Another institution approved by the Secretary.
(2) The provisioDJ of this Dote that relate to lbe Institution shall, where appropriate, Alate to an assignee.
(3) Any bolder of thi. loan is subject to all claims and defe..... that I could assert against the Institution that mode thia loan; my recovery ia
limited to the amount I repaid on this loan.
XIX. Prior Loans
I bereby certify that I have listed below all of the Federal Perkins Loans ! bave obtained at other institutions. (If no prior loans have been
received, state -None.-)
FEDERAL PERKINS LOANS AT OTHER INSTITUTIONS
AmOUDt
Date
Institution
1
2
3
4
XX. Schedule of Advsnces
The fOllowill& amountJ were advanced CO me uDder this loan agreement 00 the dates iDdicaced.:
AmOUDt Dale In.' re of Borrower
I $500.00 9-1-9b J.i
2 $500.00 1-23-96J<'
3
4
NonCE TO BORROWER: DO NOT SIGN THIS NOTE BEFORE YOU READ IT.
I UNDERSTAND AND AGREE TO AlL OF THE FOREGOING TERMS AND CONDmONS.
~i' note.i'.(4 as a sealed ~mA -
Slsnature ~ p,..... L, ~ A~
Date -bf'J L j , 19 i)~
Q-
!(seal))
Permanent Add..... (Street or Box Number, City, Slate, and Zip Code)
q 30()
1---, ~ ~V', '{
D.,,-
,I:::: l,
~\! i ,^c,~,~l2t.,- 6 j\ 4 (/us- f)
J?C, -,s'$S - s-u '-I ~
Social Security Number (borrower must provide)
The borrower and Institution shall execute this Dote without security and without eodorsemeOl.
The InstitutiOD shall provide a copy of this Dote to you and you should retain the copy for your records.
(Authnrity: 20 U.S.C.I087dd)
Page 4 of4
Federal PerkiDalIu1y 1993
FEDERAL PERKINS LOAN
PROMISSORY NOTE
.~
1. Name (last, first. middle initial) and
Permanent Address (street. city, state, zip code)
2. Social Security Number
279-88-5643
3. Date or Birth
Simecek, Dawn A.
9300 Liberty Road
Twinsburg, OH 44087
11/2/75
4. Area CodelTelephone Number
216-425-7588
5. Driver's License Number (Ust state abbreviation first)
6. School Name & Address (street, city, state, zip code)
Dicki.nson College
P.O. Box 1773
Carlisle. PA 17013-2896
7. Borrower Status 8. Interest Rate
(lHalf-....orgreala' 0...._......... 5%
9. Loan Amount: 10. Loan Period
$ 1,000.00
1996-97
TERMS AND CONDrr/ONS:
IAny bnod<etod _ '" J>l'8IIl'8l'h """'.. "",Judod.. option of UUtltutlon.]
APPLICABLE LAW. The terms orlhls note and any disbursements made under this note shall be interpreted in accordance with Part E of Tide IV or the Higher
Education Act of 1965. as amended {hereinafter called the Act}. as well as Federal regulations lssued under the Act. AU sums advanced under this note are subject to the
Act and Fede....1 regulllltlons issued \Jnder the Act.
REPAYMENT - I am obHgated to repay the princlpill and the Interest that accrues on it to the above-named Institution (hereJnafter called the school) over a perIod
begtnning 9 months (or sooner If l am a less than a halC-time borrower) after the date I cease to be at Jeast I half.ttme student at an lrtstltutlon of higher education or.
compal'lble school outside the: United States approved by the United States Secrt!'tary of Education (he~lnafter called the Secretary) and erutlng 10 YftIrs later. unless I
request In writing that my repllyment period beSi" sooner. I understand that the school wut report the amount oC my lnstaJIment payments. alan. with the amount of this
10lln to a national credit bureau. Interest on this loan shall accrue front the beginnln. of the repayment period. My tepayment period I11IY be shorter than 10 years If 1 am
required by my school to make minimum monthly payments. Upon my written ~ueu my repayment period may be extended durin! periods of deferment. hilrdship. or
forbear8nce and I may make graduated Install menu In accordance with a schedule approved by the Sec~tary. I wUl make my InstalJment payments in equal monthly.
bimonthly or quarterly insl1llllrnents as determined by the school. The school may round my Installment payment to the next higoot Jhultlple of $5. (I will make a
minimum monthly repayment of $40 (or S30 if I hllve ouut.nding Federal Perkins loans made before October 1. 1992 that Included the $30 minimum payment optiOn)
In accordance with the Minimum MonthJy Payment ~tion of the Terms and Conditions contained on the reverse side of this document.)
LATE CHARGES - The school will impose bite charges if 1 do not make" scheduled payment when due or If I fan to Submit to the school on or before the due date of
the payment. a properly docunlentw written request that I qualify for any of the forbea.....nce. deferment or cancellatJon beneRlS as described below. No .late eharges mlY
eJCCet!d 20% of my monthly. blmonthJy or quarterly pllIyment. The school molY add the lale 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 suc::h noUce is sent before the next IrutaUmtnt Is due.
REQUESTS FOR DEFERMENT, CANCELLATION OR FORBEARANCE - To receive deferment. ~ncellatJon. (lr Corbearance benefits, I must make a written request
to t~ scllool and must submit to the school any doc.urne:ntation the .school requires to prove my eligibility for these benefits. I 11m responsible for submitting the
appropriate requests (In time. and J may lose my benefits If 1 fan to rue my request on tlme.
DEFAULT. If I faU to make a schtduJed payment when due: If I f.iJ to submit to the school. on or before the due Wlte of a scheduled payment. documentaUon 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 alJl'eement. the
school may. at Its option, declare my loan to be in default and may accelerate my loan (demand immediate payment of the entiR unpaid baJa.nce of the loan. incJudins
principal, interest, late charges, and collection costs). The school. and the Secretary. if my Joan is assigned to the Secretary for collection. shall disclose to credit bureau
organitatlons that I have' defaulted and aU other relevant loan inFormatlon. I wU1lose my right to defer payments and my right to forbearance if I default on my loan. I
wiJIlO$e my right to receive cancellation benenu for service that is performed after the date the school accelerated the loan. 1 wUI be 1neUt}ble for any further Federal
$tudenc financial assistance authorized under the Act untlJ I make arrangements thlU. are satisfactory to the schoOl or the Secretli!ry to repay my loan.
CHANGE OF STATUS. I will inform the school of any change in my name. addl'ess. teJ~hone number. Soeial Security number. or drlver'sl1cense number.
ASSIGNMENT ~ This note may be assigned by the school only to the United States. The proviSioll5 ofthb note that relate to the school shall where appropriate relate to
the assignee.
PROMISE TO PAY: I promise to pay the school. or a subsequent hoMer of the Promiuory Note. the sum of amount(s) advanced to me under the terms of thl$ Note. plus
interest and other fees which may become due a:s provided in this Note. I promise to pay an reasonable colleclion costs. including attorney fees and other charges.
necessary for the eolle1::tlon of any amount not paid when due. J 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 j;ignature certifies I have read. understand. and ~ree to the terms and conditions of this Promissory Note. THIS IS A
WANeS) THAT MUST BE REPAID
Q~
t
()()
~VY..
Borrower's Signature
EXHIBIT "e"
I~J!((7/q(O .
Date:
Terms and Conditions (cant.)
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 adjust 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 monthJy repayment rate for a
period of not more than one year at a time if I experience a period of
prolonged illness or Wlemployment except .such action may not extend the
repayment period beyond 10 year.;.
GRACE PERIODS - My inJtial grace period before beginning repayment is 9
months. If I am a Less- Than-Haif-Tune Borrower with outstanding Federal
Perkins Loans. my repayment begins when the next scheduled installment of
my outstanding loan is due. If I am a Less-Than-Half-Tlme Borrower with nO
outstanding Federal Perkins Loans. my repayment begins the earlier of: 9
months from the date my Joan was made. or 9 months from the date I became
less than a halHirne 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 mon.... that follows defennents that apply to Federal Perldns
loans.
PREPAYMENT. 1 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
whk:h the loan was made and the initial grace period ended. only those
amounts in excess of the amount due for any rep~yment period shall be
considered a prepayment. If. in an academ.lc year other than the award year in
which the Joan was made. I repay more than the amount due for an install-
ment. the excess will be ~ to repay principal Wlless I designate it as an
advance payment of the next regular installment.
MINIMUM MONTHLY PAYMENT - I will make a mlnlmum monthly
repayment of $40 (or $30 If J have outstanding Federal Perkins loans made
before October 1. 1992 that included the $30 minimwn 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 minimum
monthly repaymem rate estabUshed by the school. the school may still require
a minimum monthly repayment nJte. A mtnimum monthly repayment
amount will combine my obligation on thJs 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 win be the
difTerence between 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, ~ minimum monthly repayment will be divided among the
schools in proportion to the amount of principal advanced by each school.
FORBEARANCE - Upon making a properly documented written request to
the school. I am entitled to forbearance of principal and interest or principal
only. renewable at intervals up to 12 months for periods that coUectively do
not exceed t.IU'ee years, under the foUawing conditions: If my monthly Title N
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 Jf the school determines that I
qualIfy due to poor health or for other reasons. including service in
AmeriCorps. Interest accrues during any period of forbearance.
DEFERMENTS - Upon making a properly documented wrttlen 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 shldent in at leao>t a half-time course
of study at an eligible school: enrolled and attending as a regular shldent 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 qualifies 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 fmd 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 eUgible for Ii deferment while serving in a
medical internship or residency program. I may continue to defer making
scheduled installment payments and will not be llable for any interest that
might otherwise accrue for a six~mollth period immediately following the
expiration of any deferment period described in this paragraph.
CANCELLATIONS - Upon making a properly documented wriUen request
to the school. I am entitled to have up to 100% of the original prindpaJ loan
amount of this loan canceled if I perform qualifying service in the areas listed
in paragraphs A. B. C. D and E below. Qualifying Service must be performed
after I receive the loan.
A. TeachJng . Ii fuji-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 Dtrectocy of
designated low-income schools is published annually by the Secretary. . a fuD-
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 or 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 Dtsabilltles Education Act. Early InterVention Services are provided to
infants and toddlers with disabillties.
C. Law Enforcement or Corrections Dmcer . 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. Nune or Medical TechnJcian . a full-time nurse providing health care
services; or . a fun-time medical techrUcian 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 or services to high-risk children who are from law-
inCome communities and the families of sw::h 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 princlpai loan amount for each of the third year
and rowth years: and . 30% of the original principal loan amount for the fifth
year.
F. Head Start Cancellation - Upon making a properly documented written
request to the school. I am entitled to have up to 100% of the original
prindpalloan cunount canceled ror qualifying service performed after I receive
the Joan as: . a full-time staff member in the educational component or 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-
donal agency.
Cancellation Rate ~ For each completed year of service under the Head Start
CanceUation provision. this loan will be canceled at the rate of 15% of the
original principal loan amount.
G. Milltary 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 Anned Forces of the United States in an area of
hostilities that qualifies for special pay under section 310 ofTltJe 37 of the
United States Code.
Cancellation Rate - For each completed year of service under the Mtutary
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 entiUed to have up to 70% of the original
principal loan amoWlt of this ioan canceled for qualifying service performed
after [ received the loan as: . a volunteer under the Peace Corps Act: . a
volunteer under the Domestic Volunteer Service Act of 1913 (ACTION
programs) .
Cancellation Rate. For each completed year of service under the Volunteer
Service CanceUation provision. a portion of this loan will be canceied at the
following rates:
. 15% of the original principal loan amount for each of the ftrSt 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.
I. Death and Disability Cancellation - In the event of my death. the school
will cancel the total amount owed on thlS loan. If I become permanently and
totally disabled after I receive this loan. the ~hool will cancel the total amOUnt
owed on this loan.
FEDERAL PERKINS LOAN
PROMISSORY NOTE
om, 6/)- JqJ-/~Oy
........-1<.>
\
.~
1. Name (last, first, middle initial) and
Permanent Address (street, city, state, zip code)
2. Social Security Number
)r-; '9- ;:';~-5~} Lj)
3. Date of Birth
Simecek, Dawn
11-0'2- '1<;
4. Area CodefTelephone Number
p /I." 4.+" - f)'.J-fS,5
5. Driver's License Number (Ust state abbreviation first)
Dickinson College
P.O. Box: 1773
Carlisle. PA 17013-2896
7. Borrower Status
:[) Half.lime or grearar 0 Less Ulan haf.time 5 %
9. Loan Amount: 10. Loan Period
6. School Name & Address (street, city, state, zip code)
$1,'200.00
1996-97
TERMS AND CONDmONS:
IAny /x3cke!<d _ CO' """'"""'" may be Jncludod "option of_I
APPLICABLE LAW . The terms of this notl! and any dtsbursemenu made under this note shall be interpreted In accordance with Part E of Tide IV of the Higher
Education Act of 1965. as amended (hereinafter called the Act). as well as Federal regulations issued under the Act. All sums advanced under this note are subject to the
Act and Federal regulations Issued under the Act.
REPAYMENT. I am obligated to repay the principal and thl! interest that accrues on It to the above-named institution (hereinafter called the school) over a period
beginning 9 months (or sooner If I am a less than a half.[ime bonower) after the date I cease to be at lust a half.tlme student at an Institution of higher educaUon or a
comparable school outside the United States approved by the United States Secretary of Education (hereinafter caJled the Secretary) and endl"110 yea" later. unless I
request In writing that my repllyment p4!rJod begin sooner. I understand thBt the school will report the amount of my Installment payments, along with the amount of this
loan to a naUonal credit bureau. Interest on this 10m shaJl accrue from the beginning of the repayment perlod. My repayment period ltUIy be shorter than 10 years if 1 am
required by my school to I1\2Ike mJnimum monthly payments. Upon my written request my repayment period may be extended during periods of deferment, hatdship. or
forbearance and J may make graduated installmenu In accordance with a schedule approved by the Secretary. I wiD make my irutaUment payments in equal monthly,
bimonthly or quanerly installments as determined by the school. The sehool ruy round my Ins~lment payment to the next hlshest multiple of $5. (I will make a
minimum monthly rtpayrnent of $40 (or $30 1f I have outstanding Federal Perkins Joans made before October I, 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 chnges if J do not make a scheduled payment when due or If I fall to submit to the school on or befo~ the due date of
the payment. a properly documented written request that I qualify for any of the forbearancl!, deferment or canceDatlon benenu as described below. No late charges may
exceed 20% of my monthly. bimonthly or qumerly payment. The school may add the late charges to principal the day after the scheduled ~payment was due or include
it with the next scheduled repayment after I have received notice of the charge. and such notice ii: sent before the next Installment is due.
REQUESTS FOR DEFERMENl: 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 I1!sponslble for submitting the
appropriate requests on time, and I may lose my benefits if I faU to file my request on time.
DEFAULT ~ If I fall to make a scheduled payment when due; if I faU 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 faU 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 ioan (demand Immediate payment of the entire unpaid balance of the loan, Including
prinCipal. interest, late charges. and collection costs). The school, and the Secret1lry, jf my loan is assigned to the Secretary for collection, shali disclose to credit buruu
organiZations that I have defaulted and all other relevant loan information. I wlillose my right to defer payments and my right to forbearance if I default on my loan. J
will lose my right to receive cancellation benefits for service that is performed after the date the school accelerated the loan. I wllJ be ineligible for any funher federal
stu.dent financial assistance authoriZed under the Act until I make arrangements that are satisfactory to the school or the Secr~ry to repay my loan.
CHANGE 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 ll!late to the school shall where appropriate relate to
the assignee.
PROMISE TO PAY: I promise to pay the school. or a sub5equent holder of the PromisSOry Note. the sum of amount(s) advanced to me under the terms of this Note, plus
intell!St and other fees which may become due as provided in this Note. J promise to pay all n!:uonable collection costs, inCluding attorney fees and other charges.
necessary for the collection of any amoW1t not paid when due. r will oot 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 certtfies I have read. understand, and agrft to the terms and conditions of this Promissory Note. THIS IS A
LOAN(S) THAT MUST BE REPAID
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Borrower's Signature
EXHIBIT "D"
Date:
T.erms and Conditions (cant.)
HARDSHIP REPAYMENT OPTIONS - Upon my written "quest. if I
qualify as a Jow-income individual during the repayment period. the school
may extend the repayment period for up to an additional ten (10) years and
may adjust any repayment scheduJe 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 tl1e
repayment period beyond 10 years.
GRACE PERIODS - My inJtial grace period before beginning "payment is 9
months. If I am a Less- Than-Half-Time Borrower with outstanding Federal
Perkins Loans. my repayment begins when the next scheduJed installment of
my outstanding Joan is due. If I am a Less- Than. HaJr~ Tune 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
Jess than a half-time student. even if I received [he loan afrer I became a Jess
than half-tlme student. My payments will resume after a post-defennent g,ace
period of 6 months that foDows defennenOi that apply to Federal Perkins
loans.
PREPAYMENT - I may prepay all or any part of my unpaid loan balance,
plus any acemed interest. at any time without penaJty. 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 amowlts during the aQldemic year in
wl'Uch the loan was made and the initial grace period ended, only those
amoWlts in excess of the amount due for any repayment period shaD be
consJdered 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 Wlless 1 designate it as an
advance payment of the next regular installment
MlNIMUM MONTHLY PAYMENT - I wiD make a mlnlmum monthly
repayment of $40 (or $30 If J have OUOiUnding Federal Perkins loans made
before October 1, 1992 that included the $30 m.inirnwn payment option) if
required by the schoo). If the total monthly repayment rate on this loan and
any ouOitJlrldlng Federal Perkins loans J may have is less than the minimum
monthly repayment rate established by the school. the school may still require
a minimum monthly repayment tate. A m1nimum monthly repayment
amount will combine my obUgation on this and all my outstanding Federal
Perkins loans, including those made at other schools. The portion of the
minimum monthly payment that wilJ be applied to this loan will be the
difference between the minimum monthly payment and the total amounts
0\Yed at a monthJy rate on my other Federal Perkins loans, If each school
holding my outstanding Federal Perkins loans exercises the minimum monthly
payment option. the min1mum monthly repayment wiD be divided among the
schools in proportion to the amount of princJpal advanced by each .school.
FORBEARANCE - Upon malting a properJy 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 coUectively do
not exceed three years, under the fonowing conditions: If my monthly Title N
loan debt bW'den equals or exceeds 20% of my totaJ monthly gross income; if
the Secretary authori2es 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, inducting service in
AmeriCorps. 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 reguJ<tr 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; engaced in public service that qualifies me to have pan or all
of my loan canceled: 2) for a petiod not to exceed three years during which I
am seeking but unable to fmd fuJl.tlme 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 wUl not be liable for any interest that
might otherwise accrue for a six~month period immediately following the
expiration of any deferment period described in this paragraph.
CANCELLATIONS - Upon making a properly documented written request
to the school. I am entitled to have up to 100% of the original principaJ Joan
amount of this loan canceled if I perform qualifying service in the areas listed
in paragraphs A. B. C. D and E below. Qualifying Service must be perfonned
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 rull-
time special education teacher in a public or nonprofit elementary or
secondary schooJ system. . a fuU~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
detennined by the State Deparunent 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 Corrections Officer . a fulHime law enforcement
officer for an eUgible local. State. or Federal law enforcement agency: or . a
full-time correctiom officer for an eligible local. State. or Federal corrections
agency.
D. Nurse or Medical Technician. a fuJI-time nurse providJng 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 prOVisjon of service;; to high-risk children who are from low-
income communities and the families of such children.
Cancellation Rates - For each completed year of service under paragraphs A.
B, C. D and E a portion of this loan will be canceled at the follOWing rates:
. 15% of the onginal prtncipalloan amount for each of the fU'St and second
years: . 20% of the original prtnclpalloan amount for each of the third year
and fourth years: and ' 30% of the original principal loan amount for the fifth
year.
E Head Start Cancellation - Upon making a properly documented written
request: to the school. 1 am entitled to have up to 100% of the original
principal loan amount canceled for qualifying service perfonned after I receive
the loan as: . a fuJl~tirne 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 emp'oyee 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 pr1nclpalloan amount.
G. MiUtary 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 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 SlateS Code.
Cancellation Rate. For each completed year of service under the Milltary
Cancellation provision. this loan wUl be canceled at the rate of 12 V2% of the
original principal loan amount.
H. VolWlteer 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 volur'!teer under the Peace Corps Act; . a
volunteer nnder 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 wtll 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 originaJ 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 the total amount
owed on this loan.
TRUTH-IN-LENDING STATEMENT
DICKINSON COLLEGE INSTITUTIONAL LOAN
Name of Borrower nn?73-000-r)n-?Q?1-09
DAwn S,'rV\ec:d(
Address
'1 ~oo l .1 -p, EeTtf i2t>
);-"-.J' \J 0;' I<,\,'- ~r) 0 ).\ '-.{ W 0 <(-I)
A..'rnUAL PERCENTAGE
RAn:
AMOUNT FINANCED
The cost of your
credit as a yearly
rate.
The amount of
credit provided
to you.
Prior to
repaYlDent
During
repaYlDent
%
::)
%
$1 ?nn nn
Late Charge: If a paYlDent is late, you may be charged: $1.00 for the first
late paYlDent, and $2.00 for each subsequent late paYlDent if
this loan is payable monthly, $3.00 for each late paYlDent if
this loan is payable bimonthly, $6.00 for each late paYlDent
if this loan is payable quarterly.
Prepayment: If you payoff early, you vill ~ have to pay a penalty.
See your promissory note for any additional information about nonpaYlDent, de-
fault, any required repayment in full before the scheduled date, and pre-
paYlDent.
THE BORROWER A~DG~S REo;IPT1 OF AN EXAC! COpy OF THIS
STUDENT / () / ,/' t INSTITurIONAL
BORROWER ~,G ~ REPRESENTATIVE
DATE 7/ Z I 9 ') - DATE
STATEMENT.
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 1 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. 94904
relating to unsworn falsification to authorities, which provides that if 1 knowingly make false
averments, I may be subject to criminal penalties.
Dickinson College
Thomas Meyer
Assistant Treasurer 0
t2-...
Dated:
F,IFILESIDA TAFILEIDickinsoll College 7619\DicldnsonCollegeColh:<:tions76]9C\DocumentsI120coml
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JUl 3 1 2003
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SEP-15-2003 13:51
SUMMIT COUNTY SHERIFF
330 434 2726
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SUMMlT COUNTY SHERIFF'S OFFICE
DREW ALEXANDER, SHERIFF
CERTIFICATION OF SERVICE
STATE OF PENNSYLVANIA
COURT
OF COMMON PLEAS
COUNTY OF CUMBERLAND
DICKINSON COLLEGE
PLAINTIFF
VS.
DAWN A. SIMECEK
DEPENDANT
NO. 03-3720 CV
CERTIFICA nON CASE NUMBER
DIRECTED TO THE SHERIFF OF SUMMIT COUNTY, OIDO:
THE ABOVE LISTED COURT HAS AUTHORITY TO ISSUE LEGAL DOCUMENTS FOR SERVICE UPON
RESIDENTS OF nre STATE OF OHIO OR UPON COMPANIES, CORPORATIONS, BUSINESSES, AGENCIES OR
ORGANIZATIONS OPERATING IN OR FROM tHE STATE OFOIDO. THESE LEGAL CUMENTS HAVE
llEEN ISSUED IN COMPLIANCE WITH THE LAWS OF THE STATE OF ISS
.
THIS WRIT MUST BE SIGNED AND
SEALED BY THE CLERK, DEPUTy CLERK,
JUDGE OR MAOISTRA rE_
SIGN
"'SEAL OF OFFICE'"
THIS WRIT IS REQUESTED BY THE SHERIFF OF SUMMIT COUNTY, OHIO UNDER SECTIONS 31 I .07 AND OR
311.08 OF THE OHIO REVISED CODE AND IS MANDA TORY FOR SERVlCE OF All LEGAL DOCUMENTS
ISSUED FROM NON-OIDO AREAS.
MAIL COMPLETED ORIGINAL CERTIFICA nON TO: SUMMIT COUNTY SHERIFF'S OFFICE
CIVIL DIVISION - COURTHOUSE
209 S. HIGH STREET
AKRON, OHIO 44308
TOTAL P.02
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DICKINSON COLLEGE,
Plaintiff
NOV 1 2 2003 ~
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYL VANIA
v.
NO. 03-3720 CIVIL
CIVIL ACTION-LAW
DAWN A. SIMECEK,
Defendant
DEFENSE AND OBJECTIONS
To Whom It May Concern:
RE: Civil Action Law Suit 03-3720
Date: November 8, 2003
Dear Sir or Madam of the Court:
I was served these papers on October 21, 2003 by way of the Summit County Sheriff's Department in
the State of Ohio. Since that day, I have been trying to retain an attorney to take my case. On October
22, 2003, I called Cumberland County Bar Association as the "Notice" letter I had been served had
suggested, and they referred me to my home county's legal aide service, saying that they were not able
to help me since I was not a current resident of Cumberland County. They told me that I had to get my
suit referred to them by my home county. That same day, I contacted my home county's legal aid
services and asked for help or that they refer it Pennsylvania for help. On October 23 or 24, 2003, they
issued my paperwork that I had been served, to Mid-Pennsylvania Legal Services. To date, Mid-
Pennsylvania Legal Services have not been able to locate an attorney to take my case, due to ties and
conflicts each attorney has with Dickinson College.
On November 5, 2003, Mid-Pennsylvania Legal Services suggested that I contact the Court
Administrator at (717) 240-6200 with my concerns of the rapidly approaching deadline to respond. I
have done that. I was told by the Court Administrator that I needed to file a motion in ''Pennsylvania
Format" for a continuance until I could retain legal help and transferred me to the prothonotary's office
for more assistance. The prothonotary's office told me that I needed to enter my defense in the form of
a motion and in writing, via mail to 1 Courthouse Square, Carlisle, P A, 17013. Then prothonotary' 5
office referred me back to the Cumberland County Bar Association for help, which they were unable to
give me. Therefore, I called Mid-Pennsylvania Legal Services back and asked what I should do next.
They suggested that I respond in writing in my own defense to the court as soon as possible, while they
continue to search for an attorney to aid me in defense.
My objections to this matter are many-fold. The suit states that my original loan was in the amount of
$5,200.00.
1. I have record of a garnishment that was taken from my paychecks from November 11, 2000
through May 10, 2003 totaling $3,330.04. I have attached copies of the itemized garnishment
for the court's reference.
2. The Federal Treasury has held $430.52 on May 23,2003 for Non-Tax Federal Debt. I have
attached a copy of that withholding for the court's reference.
November 8, 2003
1
3. I have also attached a copy of a check made out to Dickinson College in the amount of
$17,510.95, from Third Federal Savings bank, on behalf of my parents, on December 2,1997.
This check was cashed on December 10, 1997 by the college. I have attached both front and
back copies of the canceled check for the court's reference.
4. On two separate occasions I have contacted Dickinson College and have asked for a statement
itemizing my entire college expenses, including tuition for each year of schooling, any money I
was given in grants, along with all credits that have been paid, along with a listing of all loans
that are shown to be outstanding, paid or have been passed along to other lending/financial
institutions. I have requested contact addresses and phone numbers for any of the institutions
that have received ownership of my loans. To date, my request has not been fulfilled. Without
this accounting information, I am not able to locate the a()count that the monies mentioned
above have been credited to, therefore, I have to assume that they have not been credited to my
account or credit report.
5. I have been in contact with OSI Education Services, Great Lakes Higher Education, and Sally
Mae Foundation. None of these institutions have been able to secure original promissory notes
or the accounting information from the school, nor do they show credits in the amounts stated
above.
6. With all of these institutions in the picture, I have found that the Loan my parents paid with
their check of$17,51O.95 has been taken off of their credit report, as my dad was the cosigner
of my loans, and never credited my account and/or credit report for this amount paid.
Therefore, the lending institutions have duplicated my loans due to human error or a computer
glitch, and now I have one loan that remains stable and one that is accruing interest and I am
unable to straighten matters out on my own.
7. Now I fall at the mercy of the court, because I have been involved in a life-threatening motor
vehicle accident on July 5, 2003 for which I have been hospitalized for twenty (20) days in an
Intensive Care Unit at Akron City Hospital, fourteen (14) days at Edwin Shaw Rehabilitation
hospital and two (2) months of home health aids, physical therapists, and Mobile Meals,
followed by daily specialists visits and assistance from the local Red Cross chapter for
transportation to and from all of my doctor's visits. I have obtained applications for Social
Security Benefits and Medicaid for possible benefit help while I am out of work. I have been
disabled and out of work since the day of the accident, and am currently on unpaid medical
leave.
I do want to resolve this matter in a timely matter and in the most amicable way, and would like the
court's assistance in obtaining current accounting information that I mentioned above and in
straightening out my records and accounts with the college once and for all. However, due to lack of
funds, I am at the mercy of the legal aid service to help me find an attorney to take my case. Any
assistance or mercy the court will give would be greatly appreciated.
S7f)IY/ ~
Dawn A. Simecek
November 8, 2003
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F, w'ILESIDA TAFILEIDickjn~on College 761 \lIDickin5onColkgcCollecliOlls7b 19CIDocurnentsl IlO_corn [!cny
Created 5/13/039:1229AM
Revised: B/I1032:16:2BPM
7619C!20
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DICKINSON COLLEq5]!, l ~. Il~ /\
Plaintiff
\~~:') IN THE COUR.T OF COMMON PLEAS OF
CUMBERLA1\1D COUNTY, PENNSYLVANIA
NO. Ci3,372~ ~ 7.R~
CNlL ACTION-LAW
v.
DAWN A. SIMECEK,
Defendant
JURY TRIAL OF TWELVE DEMANDED
NOTICE
You have been sued in court. If yo" 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, b ente' ritten a earance personally or by attorney and filing in writing with the court
our defenses or ob'ections to the ou 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 Associatlon
32 South Bedford Street
Carlisle, Pennsylvania 17013
Telephone (717) 249-3166
MARTS ON DEARDO WILLIAMS & OTTO
By D2~ &q,ire
LD. Number 87326
Ten East High Street
Carlisle, PA 17013
(717) 243-3341
Aitorncys for Plaintiff
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Date: Augusll, 2003
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10/20/03 13:01:04
Deduction Analysis
PYGPIl 0
PYDPIl 0
Employer
Employee
Beginning Date
Deduction Total
Tax Company . .
COLE VISION CORPORATION
279885643 SIMECEK,DAWN A
Ending Date
3,330.04 Liability Total
.00
GARNISHMMENT 1
Check No. Period End Check Date Base Amount ER Liability EE Deduction
87180 11/11/2000 11/10/2000 749.56 .00 74.96
88547 11/25/2000 11/24/2000 749.55 .00 74.96
89860 12/09/2000 12/08/2000 749.55 .00 74.96
91186 12/23/2000 12/22/2000 749.56 .00 74.96
92374 1/06/2001 1/05/2001 758.93 .00 75.89
93561 1/20/2001 1/19/2001 758.94 .00 75.89
94769 2/03/2001 2/02/2001 758.92 .00 75.89
95575 2/17/2001 2/16/2001 758.93 .00 75.89
97511 3/03/2001 3/02/2001 758.93 .00 75.89
98297 3/17/2001 3/16/2001 758.93 .00 75.89
100029 3/31/2001 3/30/2001 758.92 .00 75.89
100761 4/07/2001 4/0612001 795.58 .00 79.56
More.. .
F3=Exit F5:::More Info F8=Print F10=Access
10/20/03 13:01:04
Deduction Analysis
PYGPIlO
PYDPIl 0
Employer
Employee
Beginning Date
Deduction Total
Tax Company . .
COLE VISION CORPORATION
279885643 SIMECEK,DAWN A
Ending Date
3,330.04 Liability Total
.00
GARNISHMMENT 1
Check No. Period End Check Date Base Amount ER Liability EE Deduction
101108 4/14/2001 4/13/2001 779.88 .00 77.99
102805 4/28/2001 4/27/2001 779.88 .00 77.99
104034 5/12/2001 5/11/2001 779.89 .00 77.99
105488 5/26/2001 5/25/2001 779.88 .00 77.99
108093 6/09/2001 6/08/2001 779.88 .00 77.99
109519 6/23/2001 6/22/2001 779.89 .00 77.99
112478 7/07/2001 7/06/2001 779.88 .00 77.99
114988 7/21/2001 7/20/2001 779.88 .00 77.99
118165 8/04/2001 8/03/2001 779.90 .00 77.99
121262 8/18/2001 8/17/2001 847.07 .00 84.71
124467 9/01/2001 8131/2001 847.07 .00 84.71
127484 9/15/2001 9/14/2001 847.08 .00 84.71
More.. .
F3;Exit F5=More Info F8=Print F10;Access
10/20/03 13:01:04
Deduction Analysis
PYGPIlO
PYDPIl 0
Employer
Employee
Beginning Date
Deduction Total
Tax Company . .
COLE VISION CORPORATION
279885643 SIMECEK,DAWN A
Ending Date
3,330.04 Liability Total
.00
GARNISHMMENT 1
Check No. Period End Check Date Base Amount ER Liability EE Deduction
132840 9/29/2001 9/28/2001 847.07 .00 84.71
134229 10/13/2001 10/12/2001 847.08 .00 84.71
137167 10/27/2001 10/26/2001 847.08 .00 84.71
142328 11/10/2001 11/09/2001 847.07 .00 84.71
143171 11/24/2001 11/23/2001 847.07 .00 84.71
148981 12/08/2001 12/07/2001 847.08 .00 84.71
152316 12/22/2001 12/21/2001 847.07 .00 84.71
153023 1/05/2002 1/04/2002 858.99 .00 85.90
156272 1/19/2002 1/18/2002 861.18 .00 86.12
159494 2/02/2002 2/01/2002 861.18 .00 86.12
163033 2/16/2002 2/15/2002 861.16 .00 86.12
166352 3/02/2002 3/01/2002 861.18 .00 86.12
More.. .
F3~Exit F5~More Info F8~Print F10~Access
10/20/03 12:55:35
Employer
Employee
Beginning Date
Deduction Total
Tax Company . .
Check No.
169704
173192
176435
179881
185674
.... F3=Exit
Period End
3/16/2002
3130/2002
4/13/2002
4/27/2002
5/11/2002
FS.:::More Info
Deduction Analysis
COLE VISION
279885643
CORPORATION
SIMECEK,DAWN A
Ending Date
Liability Total
3,330.04
GARNISHMMENT 1
Check Date Base Amount
3/15/2002 861.17
3/29/2002 861.17
4/12/2002 892.64
4/26/2002 892.64
5/10/2002 892.64
F8=Print
FIO=Access
ER Liability
.00
.00
.00
.00
.00
PYGPIl 0
PYDPIlO
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EE Deduction
86.12
86.12
89.26
89.26
89.26
Bottom
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DEI' ARTMI,NT UI<'II11; lliliAMJIU
FINANCIAL MANAGEMENT SERVICE
1'.0. BOX 16S6
BIRMINGHAM, ALABAMA 35201-1686
THIS IS NOT A BILL - PLEASE IUnAIN FOR YOUR RECORDS
OS/23/03
1.1"1,1"111",1"1,1",1,,,111,,1,,,11,,11,,11,,,11,,,1,1,,1
SIMECEK, DAWN A
9300 LIBERTY RD
TWINSBURG OH 44087-1836
Dear SIMECEK, DAWN A:
As authorized by Federal law, we applied all or pat1 of your Federal payment to a debt you owe. The
govemment agency (or agencies) collecting YOll!' debt is listed below.
U.S DEPARTMENT OF EDUCATION TIN Num: 279-88-5643
C/O GREAT LAKES HIGHER ED GUAR CORP TOP Trace Num: A I 7926087
COLLECTION SUPPORT AcctNum: WI279885643
P.O. BOX 7859 Amount This Creditor: $430.52
MADISON. WI 53707-7859 Creditor: 05 Site: WI
(60S) 246-1535 (800) 354-6980
PURPOSE: Nou-Tax Federal Debt
The Agency has previously senl notice to you at the last address known to the Agency. That nolice
explaiued Ihe amouut and type of debl you owe, the rights available to you, and that the Agency intended
to collect the debt by intercepting any Federal payments made 10 you, including tax refunds. If you
believe your payment was reduced in error or if you have questions abont this debt, you must
contact the Agency at the address and telephone number shown above. The U. S. Depal1ment of
the Treasury's Financial Management Service cannot resolve issues regardmg debts with other agencies.
We will forward the money taken from your Federal payment to the Agency to be applied to your debt
balance; however, the Agency may uot receive the fuuds lor several weeks after the payment date. If you
intend to contact the Agency, please have this notice available.
~11..~
Charles A. Wilson
Departmeut ofthe Treasury, Finaucial Management Service
(800) 304-3107
PAYMENT SUMMARY
l' A YEE NAME: SIMECEK, DAWN A
PAYMENT BEFORE REDUCTION: $430.52
TOTAL AMOUNT OF THIS REDUCTION: $430.52
PAYING FEDERAL AGENCY: Intemal Revenue Service
(See Insert on Tax Refund Offsets for Additional InfofInalion)
FOR OFFICIAL USE ONLY: 0000000114 A t792608727988564300047029356ALTR.POISIMEOOOl14
PAYMENT DATE: OS/23/03
l' A YMENT TYPE: EFT
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F:IFILESIDATAFILEIDickinson College 7619\DickinsonCollegeCollections76 19C\Current\120,pra2
Croated: 9/I6IOJ,3:56PM
Revised 1/13/041\:38AM
7619C120
DICKINSON COLLEGE,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 03-3720-CV
CIVIL ACTION-LAW
DAWN A. SIMECEK,
Defendant
JURY TRIAL OF TWELVE DEMANDED
PRAECIPE
Please reinstate the attached Complaint against Dawn A. Simecek in the above-captioned
action and return same to the undersigned for service.
MARTS ON DEARDORF WILLIAMS & OTTO
BY~
DavId R. Galloway,
I. D. Number 87326
Ten East High Street
Carlisle, PAl 7013
(717) 243-3341
Date: January 13, 2004
Attorneys for Plaintiff
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Revised: 2/17104 2'19PM
7619Cl20
DICKINSON COLLEGE,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 03-3720-CV
CNIL ACTION-LAW
DAWN A. SIMECEK,
Defendant
JURY TRIAL OF TWELVE DEMANDED
PRAECIPE
Please reinstate the attached Complaint against Dawn A. Simecek, 1219 Tall Grass Circle,
Apt. 212, Stow, OH, in the above-captioned action and return same to the undersigned for service.
MARTSON DEARDORFF
~./?
By ~ (.(
David R.~lloway, Esquire
1. D. Number 87326
Ten East High Street
Carlisle, PA 17013
(717) 243-3341
Date: February 17, 2004
Attorneys for Plaintiff
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F:IFILESIDA TAFILElDickinson College 7619\DickinsonCollegeColleclions7619C\Currenl\120.afflllde
Created: 6/13/03 JJ:08AM '
Revised 4!20/047:45AM
7619C120
DICKINSON COLLEGE,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 03-3720-CV
CIVIL ACTION-LAW
DAWN A. SIMECEK,
Defendant
JURY TRIAL OF TWELVE DEMANDED
AFFIDAVIT OF DUE DILIGENCE
TO THE PROTHONOTARY:
Please see the attached Affidavit of Service showing Plaintiff s attempt to personally serve
Defendant.
By
Dav! alloway
Attorney LD. No. 87326
Ten East High Street
Carlisle, PA 17013
(717) 243-3341
Date: April 20, 2004
Attorneys for Plaintiff
SUMMIT couNtY SHeRIFF'S OFFICE
AFFIDAVIT OF SERVICE
STATE OF OHIO
COUNTY OF SUMMIT
J. Ohls Deputy Sheriff, being duly swom, deposes and says: I am over 21 yems of age; A resident of Summit County and
have no interest in this action.
I CERTIFY THAT I SERVED THIS SUMMONS ON DEFENDANTS AS FOLLOWS:
(a) -Individual defendants - personal:
By leaving a copy and a copy of the complaint with each individual defendant personally, as follows:
NAME OF DEFENDANT
DATE OF SER:VICE
(b) - Individual defendants - abode:
By leaving a copy and a copy of the complaint at the usual place of abode of each individual defendant with a person
of his/her family, of the age of 16 or upwards. informing that person of thE! contents of the summons at his usual place
of abode, as follows:
NAME OF DEFENDANT
PERSON WITH
WHOM LEFT
DATE OF SERVICE
(c)- Corporation defendants:
By leaving a copy of the complaint with the registered agent officer, (lr agent of each defendant corporation, as
follows:
NAME OF DEFENDANT
REGISTERED AGENT
OFFICER OR AGENT
DATE OF SERVICE
(c) - Other services:
Dawn Simecek, 1219 Tall Grass Cir., Apt. 212, Stow, OH- Subject notfClund on 3-1-04
Sheriff's Fees:
DREW ALEXANDER, SHERIFF OF SUMMIT COUNTY
"''"1!f: ~~
BY: DeputY' ',i . [' , ..
SUbscribed ~~.. sworn to llefore methi~':
5th day of April, 2001\'
Notary Public, State ~"--- \l~
My Commission Expires:
Service and Return......... ....$ 28.00
Mileage......... ......... ...... ....$ 2.00
Total...... .................. .....$30.00
JUi.. .iiNER. Notary pubnc
Re~i;j;:mce . Summit County
Stale Wioe Jurisdiction. Oi1io Seal
My CommIssion Expires May 24. 200S
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Created: 9/16/03 3;56PM
Revised: 8/26/04 3:12PM
7619C.120
DICKINSON COLLEGE,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLANJ) COUNTY, PENNSYLVANIA
v.
NO. 03-3720-CV
CIVIL ACTION-LAW
DAWN A. SJMECEK,
Defendant
JURY TRIAL OF TWELVE DEMANDED
PRAECIPE
Please reinstate the attached Complaint against Dawn A. Simecek in the above-captioned
action and return same to the undersigned for service.
By
David R. Galloway, Esquire
1. D. Number 87326
Ten East High Street
Carlisle, PA 17013
(7J 7) 243-3341
Date: August 26, 2004
Attorneys for Plaintiff
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DICKINSON COLLEGE,
Plaintiff
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: IN THE COURT OF COMMON PLEASSEP Z 3 100t-
: CUMBERLAl"ID COUNTY, PENNSYLVANIA
v.
: NO. 03-3720
CIVIL ACTION-LAW
DAWN A. SIMECEK
Defendant
DEFENSE AND OBJECTIONS
To Whom It May Concern:
RE: Civil Action Law Suit 03-3720
Date: September 17, 2004
Dear Sir or Madam of the Court:
I was served papers on October 21, 2003 by way of the Summit County Sheriffs Department in the State of
Ohio. At that time I had tried retaining an attorney to take my case. On October 22, 2003 I had called
Cumberland County Bar Association as the "Notice" letter I had been served had suggested, and they referred
me to my home county's legal aide service, saying that they were not able to help me since I was not a current
resident of Cumberland County. They told me that I had to get my suit referred to them by my home county.
That same day, I contacted my home county's legal aide services and asked for help or that they refer it to
Pennsylvania for help. On October 23 or 24, 2003 they had issued my paperwork that I had been served, to
Mid-Pennsylvania Legal Services. To date, Mid Pennsylvania Legal Services have not been able to locate an
attorney to take my case, due to ties and conflicts of interest each attorney has with Dickinson College.
On November 5, 2003, Mid Pennsylvania Legal Services had suggested that I contact the Court Administrator
at (717) 240-6200 with my concerns of the rapidly approaching deadline to respond. I had done that. I was
told, at that time, that I needed to file a motion in "Pennsylvania Format" for a continuance until I could retain
legal help and transferred me to the prothonotary's office for more assistance. The prothonotary's office told
me that I needed to enter my defense in the form of a motion and in writing, via mail to 1 Courthouse Square,
Carlisle, P A, 17013. Then the prothonotary's office referred me back to the Cumberland County Bar
Association for help, which, to date they have been unable to give me. I then called Mid-Pennsylvania Legal
Services back and asked what I should do next. They suggested that I respond in writing in my own defense to
the court as soon as possible, while they continue to search for an attorney to aide me in my defense. I have
been in contact with them on multiple occasions, and they still have not located an attorney to help me.
I was again served papers on September 2,2004, by the Summit County Sheriffs Department. However, my
objections to this matter remain many-fold. The suit states that my original loan was in the amount of
$5,200.00.
1. I have record of a garnishment that was taken from my paychecks from November 11, 2000 through
May 10, 2003 totaling $3,330.04. I have attached copies of the itemized garnishment for the court's
reference.
2. The Federal Treasury has held $300.00 on May 30, 2002 for Non-Tax Federal Debt. I have attached a
copy of that withholding for the court's reference.
September 17, 2004
1
3. The Federal Treasury has held $430.52 on May 23,2003 for Non-Tax Federal Debt. I have attached a
copy ofthat withholding for the court's reference.
4. The Federal Treasury has held $661.05 on May 14,2004 for Non- Tax Federal Debt. I have attached a
copy ofthat withholding for the court's reference.
5. I have also attached a copy of a check made out to Dickinson College in the amount of $17, 510.95,
from Third Federal Savings bank, on behalf of my parents, on December 2, 1997. This check was
cashed on December 10, 1997 by the college. I have attached both front and back copies of the
canceled check for the court's reference.
6. On two separate occasions I have contacted Dickinson College and have asked for a statement itemizing
my entire college expenses, including tuition for each year of schooling, any money I was given in
grants, along with all credits that have been paid, along with a listing of all loans that are shown to be
outstanding, paid or have been passed along to other lending/financial institutions. I have requested
contact addresses and phone numbers for any of the institutions that have received ownership of my
loans. To date, my request has not been fulfilled. Without this accounting information, I am not able to
locate the account that the monies mentioned above have been credited to, therefore, I have to assume
that they have not been credited to my account or my credit report.
7. I have been in contact with OSI Education services, Great Lakes Higher Education, and Sally Mae
Foundation. None of these institutions have been able to secure original promissory notes or the
accounting information from the school, nor do they show credits in the amounts stated above.
8. With all of these institutions in the picture, I have found that the Loan my parents paid with their check
of $17,510.95 has been taken off of their credit report, as my dad was the cosigner of my loans, and
never credited my account and/or credit report for this amount paid. Therefore, the lending institutions
have duplicated my loans due to human error or a computer glitch, and now I have one loan that
remains stable and one that is accruing interest and I am unable to straighten matters out on my own.
9. Now I fall at the mercy of the court, because I have been involved in a near-fatal, life-threatening motor
vehicle accident on July 5, 2003 for which I was hospitalized for twenty (20) days in an Intensive Care
Unit at Akron City Hospital, fourteen (14) days at Edwin Shaw Rehabilitation hospital and two (2)
months of home health aids, physical therapists, and Mobile Meals, followed by daily specialists visits
and assistance from the local Red Cross chapter for transportation to and from all of my doctor's visits.
I have underwent 5 surgeries on my left eye, and am awaiting two (2) more surgeries. I have filled out
applications for Social Security Benefits and Medicaid for possible benefit help while I am out of work.
I have been disabled and out of work since the day of this accidt:nt, and only allowed to return to work
one (1) day a week until otherwise noted by my medical caretakers.
I do want to resolve this matter in a timely matter and in the most amicable way, and would like the court's
assistance in obtaining current accounting information that I mentiom:d above and in straightening out my
records and accounts with the college once and for all. However, due to the lack of funds, and high medical
debt, that is increasing each day, I am at the mercy of the legal aide service to help me find an attorney to take
my case. Any assistance or mercy the court will give would be greatly appreciated.
Sin(()YrjJ
Dawn A. Simecek
September 17, 2004
2
10/20/03 13:01:04
Deduction Analysis
Employer
Employee
Beginning Date
Deduction Total
Tax Company . .
Check No.
87180
88547
89860
91186
92374
93561
94769
95575
97511
98297
100029
100761
F3=Exit
COLE VISION CORPORATION
279885643 SIMECEK,DAWN A
Ending Date
3,330.04 Liability Total
GARNISHMMENT 1
Period End Check Date Base Amount
11/11/2000 11/10/2000 749.56
11/25/2000 11/24/2000 749.55
12/09/2000 12/08/2000 749.55
12/23/2000 12/22/2000 749.56
1/06/2001 1/05/2001 758.93
1/20/2001 1/19/2001 758.94
2/03/2001 2/02/2001 758.92
2/17/2001 2/16/2001 758.93
3/03/2001 3/02/2001 758.93
3/17/2001 3/16/2001 758.93
3/31/2001 3/30/2001 758.92
4/07/2001 4/06/2001 795.58
F5=More Info
F8=Print
FI0=Access
ER Liabi li ty
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
PYGPIl 0
PYDPIl 0
.00
EE Deduction
74.96
74.96
74.96
74.96
75.89
75.89
75.89
75.89
75.89
75.89
75.89
79.56
More.. .
10/20/03 13:01:04
Deduction Analysis
PYGPIlO
PYDPIlO
Employer
Employee
Beginning Date
Deduction Total
Tax Company . .
COLE VISION CORPORATION
279885643 SIMECEK,DAWN A
Ending Date
3,330.04 Liability Total
.00
GARNISHMMENT 1
Check No. Period End Check Date Base Amount ER Liabi li ty EE Deduction
101108 4/14/2001 4/13/2001 779.88 .00 77.99
102805 4/28/2001 4/27/2001 779.88 .00 77.99
104034 5/12/2001 5/11/2001 779.89 .00 77.99
105488 5/26/2001 5/2512001 779.88 .00 77.99
108093 6/09/2001 6/08/2001 779.88 .00 77.99
109519 6/23/2001 6/22/2001 779.89 .00 77.99
112478 7/07/2001 7/06/2001 779.88 .00 77.99
114988 7/21/2001 7/20/2001 779.88 .00 77.99
118165 8/04/2001 8/03/2001 779.90 .00 77.99
121262 8/18/2001 8/17/2001 847.07 .00 84.71
124467 9/01/2001 8/31/2001 847.07 .00 84.71
127484 9/15/2001 9/1412001 847.08 .00 84.71
More.. .
F3=Exit F5=More Info F8=Print F10=Access
10/20/03 13:01:04
Deduction Analysis
Employer
Employee
Beginning Date
Deduction Total
Tax Company . .
Check No.
132840
134229
137167
142328
143171
148981
152316
153023
156272
159494
163033
166352
F3=Exit
COLE VISION CORPORATION
279885643 SIMECEK,DAWN A
Ending Date
3,330.04 Liability Total
GARNISHMMENT 1
Period End Check Date Base Amount
9/29/2001 9/28/2001 847.07
10/13/2001 10/12/2001 847.08
10/27/2001 10/26/2001 847.08
11/10/2001 11/09/2001 847.07
11/24/2001 11/23/2001 847.07
12/08/2001 12/07/2001 847.08
12/22/2001 12/21/2001 847.07
1/05/2002 1/04/2002 858.99
1/19/2002 1/18/2002 861.18
2/02/2002 2/01/2002 861.18
2/16/2002 2/15/2002 861.16
3/02/2002 3/01/2002 861.18
F5=More Info
F8=Print
F10=Access
ER Liability
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
PYGPIlO
PYDPIlO
.00
EE Deduction
84.71
84.71
84.71
84.71
84.71
84.71
84.71
85.90
86.12
86.12
86.12
86.12
More.. .
10/20/03 12:55:35
Employer
Employee
Beginning Date
Deduction Total
Tax Company . .
Check No.
169704
173192
176435
179881
185674
F3=Exit
Deduction Analysis
COLE VISION CORPORATION
279885643 SIMECEK,DAWN A
Ending Date
3,330.04 Liability Total
Period End
3/16/2002
3130/2002
4/13/2002
4/27/2002
5/11/2002
F5=More Info
GARNISHMMENT 1
Check Date Base Amount
3/15/2002 861.17
3/29/2002 861.17
4/12/2002 892.64
4/26/2002 892.64
5/10/2002 892.64
F8=Print
F10=Access
ER Liabil i ty
.00
.00
.00
.00
.00
PYGPIl 0
PYDPIlO
.00
EE Deduction
86.12
86.12
89.26
89.26
89.26
Bottom
.
DEPARTMENT OF THE TRl~ASURY
FINANC.:1AL MANAGEMENT SERVICE
P.O. BOX 1686
BIRMINGHAM, ALAIlAMA 35201-1686
TIllS IS NOT A BILL - PLEASE RETAIN If OR YOUR RlI!:CORnS
05/30/02
1.1..1.11111I...1. .1. 1.11111.11I.. I.. 111..11..11.. .11.1.1.1..1
DA WN A SIMECEK
9300 LIBERTY RD
TWINS BURG OR 44087-1836
Dear DAWN A SIMECEK:
As authorized by Federal law, we applied all or part ofyouT Federal paym(:nt to a d~bt you owe. The
govennnent agency (or agencies) collecting your debt is listed below.
V.S DEPARTMENT OF EDUCA nON TIN Num: 279-88-5643
C/O GREAT LAKES HIGHER ED GUARCORP TOP Tra<;e Num: A13731971
AITN: OSI COLLECTION SERVICES, INC. AcctNum: WI27988564J
5626 FRANTZ ROAD, SUITE 26 Amount This Creditor: $300.00
DUBLIN, OH 43017-2590 Creditor: 05 Site: WI
(614) 766-5041 (800) 236-3100
PURPOSE: Non-Tax Federal Debt
The Agency has previously sent notice to you at the la.st address known to the Agency, That notice
explained the amount and type of debt YOll owe, the rights available to you, and that the Agency intended
to coll.ect the debt by intercepting any Federal payments made to yon, including tal{ refunds. If you
believe your payment was reduced in error or if you have questions about this debt, you mllst
contact the Agency at tile address and telephone number shown above.. The U. S. Depallment of
..~_~~_th.~..lw~tiry's _F!BJ!!!9,i!lM~u.!\g~1!1E!1!_~erYi~~.~.a.1).n9tx~sgJx~j~~ues r.Qt{lr.mt!gJ:le.btu~dlh .pther .&genQj~s.-,__u.
We will forward the money taken from YOlrr Federal payment to the Agency to he applied to yonr debt
balance; however) the Agency may not receive the funds for several weeks after the payment dale, If you
intend to contact the Agency, please have this notice available.
C1\,~
Charles A. WiIsOl1
Department of the Treaslli)', Financial Management Service
(800) 304-3107
PAYMENT SUMMARY
PAYEE NAME: DAWN A SIMECEK
PAYMENT BEFORE REDUCTION: $300.00
TOTAL AMOUNT OF THIS REDUCTION: $300.00
PA YINO FEDERAL AGENCY: Iutemal Revenue Selvice
(See Insert 011 Tax Reftmd Offsets for Additionallnfoflllatiou)
FOR OFFICIAL use ONLY: OO()O()(J()(j47 A 1373191127988564300078309554AT,TR-POlDA WNOOO649-m---- '--.. ._.m u_ .- . --- -------
PAYMENT DATE: 05/30/02
PA YMENT TYPE: Cbeck
fI"
. .
,
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FINANCIAL MANAGEMENT SJ~RVICE
P.O. BOX 1686
BIRMINGHAM, ALABAMA 35201-1686
TillS IS NOT A BILL - I)LEASE RETAIN FOR YOUR RECORDS
OS/23/03
1,1"1,1.,111",1"1,1",1",111,,1,,,11,,11,,11,,,11,,,1.1..1
SIMECEK, DAWN A
9300 LIBERTY RD
TWINSBURG OH 44087-1836
Dear SIMECEK, DAWN A:
As authorized by Federal law, we applied all or part of-your Federal payment to a debt you owe. The
govemment agency (or agencies) collecting your debt is listed below.
U.S DEPARTMENT OF EDUCATION TIN Nurn: 279-88-5643
C/O OREA T LAKES HIGHER ED GUAR CORP TOP Trace Num: A 17926087
COLLECTION SUPPORT Acct Num: WI279885643
P.O. BOX 7859 Amount TIlis Creditor: $430.52
MADISON, WI 53707-7859 Creditor: 05 Site: WI
(608) 246-1535 (800) 354-6980
PURPOSE: Non-Tax Federal Debt
MO.
TIle Agency has previously sent notice to you at the last address known to the Agency. That notice
explained the amount and type of debt you owe, the rights available to you, and that the Agency intended
to collect the debt by intercepting any Federal payments made to you, including tax reftmds. If you
believe your payment lVas reduced in error or if)'oU have questions about this debt, you must
contact the Agency at the address and telephone number shown above. TIle U. S. Depaltment of
the Treasury's Financial Management Service cannot resolve issues regardlJ.)g debts with other agencies.
We will forward the money taken from yom Federal payment to the Agency to be applied to YOllf debt
balance; however, the Agency may not receive the funds for several weeks after the payment date. If you
intend to contact the Agency, please have this notice available.
C1\,~
Charles A. Wilson
Department of the Treasury, Financial Management Service
(800) 304-3107
PAYMENT SUMMARY
PAYEE NAME: SIMECEK, DAWN A
PA YMENT BEFORE REDUCTION: $430.52
TOTAL AMOUNT OF THIS REDUCTION: $430.52
P A YINO FEDERAL AGENCY: Illtemal Revenue Service
(See Insert on Tax Reftmd Offsets for Additional Information)
FOR OFFICIAL USE ONLY: 0000000114 A I 792608727988564300047029356ALTR-POISIMEOOOl14
PAYMENT DATE: OS/23/03
PA YMENT TYPE: EFT
~
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,.
DEPARTMENT OF THE TREASURY
FINANCIAL MANAGEMENT SERVICE
P.O. BOX 1686
BIRMINGHAM, ALABAMA 35201-1686
THIS IS NOT A BILL - PLEASE RETAIN FOR YOUR RECORDS
05/14/04
1.1..1.1..111...11.1.11..111.111..1.1.11..11..11..111...1.1..1
SIMECEK, DAWN A
9300 LIBERTY RD
TWINSBURG OH 44087-1836
Dear SIMECEK, DAWN A:
As authorized by Federal law, we applied all or part of your Federal paym(mt to a debt you owe. Tbe
government agency (or agencies) collecting your debt is listed below.
U.S DEPARTMENT OF EDUCATION TIN Num: 279-88-5643
C/O GREAT LAKES HIGHER ED GUAR CORP TOP Trac:e Num: A22697389
COLLECTION SUPPORT Acct Num: WI279885643
P.O. BOX 7859 Amount This Creditor: $661.05
MADISON, WI 53707-7859 Creditor: 05 Site: WI
(608) 246-1535 (800) 354-6980
PURPOSE: Non-Tax Federal Debt
The Agency bas previously sent notice to you at tbe last address known to the Agency. That notice
explained the amount and type of debt you owe, the rights available to you, and that the Agency intended
to collect the debt by intercepting any Federal payments made to you, including tax refunds. Uyou
believe your payment was reduced in error or if you have questions about this debt, you must
contact the Agency at the address and telephone number shown above. The U. S. Department of
the Treaswy's Financial Management Service cannot resolve issues regarding debts with other agencies.
We will forward the money taken from your Federal payment to the Agency to be applied to your debt
balance; however, the Agency may not receive the funds for several weeks after the payment date. If you
intend to contact the Agency, please have this notice available.
e1\,~
Charles A. Wilson
Department of the Treaswy, Financial Management Service
(800) 304-3107
PAYMENT SUMMARY
PAYEE NAME: SIMECEK, DAWN A
PAYMENT BEFORE REDUCTION: $661.05
TOTAL AMOUNT OF THIS REDUCTION: $661.05
PAYING FEDERAL AGENCY: Internal Revenue Service
(See Insert on Tax Refund Offsets for Additional Information)
FOR OPFICIAL USE ONLY: 000000015S A2269738927988S64300084429213ALTR-POISIMEOOOI5S
PAYMENT DATE: 05/14/04
PAYMENT TYPE: EFT
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F. IFILESIDA T AFILElDickinsonCollege76191CollectionslCurrentl 120 praS
Created. 1111104 447PM
Revised: I 112/04 9 22AM
7619C 120
David R. Galloway, Esquire
MARTSON DEARDORFF WILLIAMS & OTTO
10 E. High Street
Carlisle, P A 17013-3093
(717) 243-3341
Attorneys for Plaintiff
DICKINSON COLLEGE,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 03-3720-CV
CNIL ACTION-LAW
DAWN A. SIMECEK,
Defendant
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 ofthe Complaint was personally handed to Dawn A. Simecek on
September 3, 2004, by the Sheriffs Office of Summit County, Ohio. See Affidavit of Service
attached hereto. Cost of that service was $30.00.
By
David R. Galloway, Esquire
J.D. No. 87326
10 E. High Stn:et
Carlisle, PA 17'013-3093
(717) 243-3341
Attorneys for Plaintiff
Date: 11/02/04
~_....-nfT[E.S\DA T AFI LE\Dickmson College 76 I 9\DickinsonCollegeCollccllons76I 9C\Documellts\ 120.cQml Icny
Created 5113/03 9' 12 29 AM
Revised 8/11032 16'28 PM
7619C nt.
v.
C'~' \J ,.,~
nC .. t ~ ... u
SHER\'fFS 13Ft ICE
IN THE COURT O.f. CQ~ON PLEAS OF
CUMlBIl4J\J@dOuNt'I; PENNSYLVANIA
NO. <::1 ~U~~1; O:Qut;) '''!-r;~.
CIVIL ACTION-LAW
DICKINSON COLLEGE,
Plaintiff
DAWN A. SIMECEK,
Defendant
JURY TRIAL OF TWELVE DEMANDED
NOTICE
You have been sued in court. If you wish to defend against the claims set forth in the
following pages, you must take action within twenty (20) days after this Complaint and Notice are
served, by entering a written appearance personally 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
" '\
\
WILLIAMS & OTTO
By
Davi R. Galloway, Esquire
I.D. Number 87326
Ten East High Street
Carlisle, P A 17013
(717) 243-3341
Attorneys for Plaintiff
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SUMMIT COUNTY SHERIFF'S OFFIICE
AFFIDAVIT OF SERVICE
STATE OF OHIO
COUNTY OF SUMMIT
J. Ohls Deputy Sheriff, being duly S'NOm, deposes and says: I am over 21 years of age; A resident of Summit County and
have no interest in this action.
I CERTIFY THAT I SERVED THIS SUMMONS ON DEFENDANTS AS FOLLOWS:
(a) - Individual defendants - personal:
By leaving a copy and a copy of the complaint with each individual defendlant personally, as follows:
NAME OF DEFENDANT
Dawn A. Simecek
DATE OF SERVICE
9-3-04
(b) - Individual defendants - abode:
By leaving a copy and a copy of the complaint at the usual place of abodEI of each individual defendant with a person
of his/her family, of the age of 16 or upwards, informing that person of the contents of the summons at his usual place
of abode, as follows:
NAME OF DEFENDANT
PERSON WITH
WHOM lEFT
DATE OF SERVICE
(c)- Corporation defendants:
By leaving a copy of the complaint with the registered agent officer, or agent of each defendant corporation, as
follows:
NAME OF DEFENDANT
REGISTERED AGENT
OFFICER OR AGENT
DATE OF SERVICE
(c) - Other services:
Sheriffs Fees:
DREW ALEXANDER, SHERIFF OF SUMMIT COUNTY
::~:~~!~~
21st day of October, 2004
Notary Public, State 01 o~...}'-'- ~
My Commission Expires: .
JULI HINER, Notari Put).:c
Residence. Summit County
State Wide Jurisdiction, Ohio
My Commission Expires May 24, 2006 Seal
Service and Retum.............$ 28.00
Mileage... ............... ... .......$ 2.00
Total........................... ..$30.00
COUNTY OF SUMMIT
Sheriffs Return
OS-SUM
Case No.:03 3720
Person Served:SIMECBK, DAMN A
DREW ALEXAM..)ER Sheriff
Process Server:OBLS, DEPUTY .
Date Served:09/03/04
seP~~~' Type:PERSONAL
Mileage:O/ $0.00
Other$: 0.00 Total$: 30.00
Comments:
CERTIFICATE OF SERVICE
I, Jean Taylor, an authorized agent of Marts on Deardorff Williams & Otto, hereby certifY that
a copy of the foregoing Praecipe was served this date by depositing same in the Post Office at
Carlisle, P A, first class mail, postage prepaid, addressed as follows:
Ms. Dawn A. Simecek
Cole National Corporation
1925 Enterprise Parkway
Twinsburg, OR 44087
B
Jean Tay: r
10 E. H" Street
Carlisle, P A 17013
(717) 243-3341
& OTTO
Dated: November 2, 2004
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F: \FILES\DA T AFILEIDickinsonCollege 7619\CollectionsICurrent\ 120.pet I
Created: 2/8105 !0:20AM
Revised: 2/8/05 1031AM
7619C.]20
DICKINSON COLLEGE,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 03-3720-CV
CIVIL ACTION-LAW
DAWN A. SIMECEK,
Defendant
JURY TRIAL OF TWELVE DEMANDED
RULE 1312-1. The Petition for appointment of Arbitrators shall be substantially in the following form:
PETITION FOR APPOINTMENT OF ARBITRATORS
TO THE HONORABLE, THE mDGES OF SAID COURT:
David R. Gallowav. Esquire. counsel for the plaintiffs in the above action (actions) respectfully represents that:
1. The above-captioned action (or actions) is (are) at issue.
2. The claim of the Plaintiff in the action is $7.565.14.
The counterclaim of the Defendant in the action is $
The following altomeys are interested in the case(s) as counselor are otherwise disqualified to sit as arbitrators:
David R. Gallowav. Esquire and MARTSON DEARDORFF WILLIAMS & OTTO
WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall
be submitted.
MARTSON DE
"-
B
David R. ay, E quire
Attorneys for Plaintiff
ORDER OF COURT
AND NOW, this
day of
2005, III consideration of the foregoing petition
,Esq.,
appointed arbitrators in the above-captioned action as prayed for.
By the Court,
, Esq., and
, Esq. are
P.J
Date:
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David R. Gallowav. Esquire. counsel for the plaintiffs in the above action (actions) respectfully represents that:
1. The above-captioned aclion (or actions) is (are) at issue.
2. The claim of the Plaintiff in the action is $7.565.14.
The counterclaim of the Defendant in the action is $
The following attorneys are interested in the case(s) as counselor are otherwise disqualified to sit as arbitrators:
David R. Gallowav. Esquire and MARTSON DEARDORFF WILLIAMS & OTTO
F:\HLES\DATAflLE\DiddnsonColJege7619\Collections\Currcm\120pel1
Created: 1/8.105 lO:20AM
Revisoo, 2/8105 10:31AM
7619C120
DICKlNSON COLLEGE,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL V AN1A
v.
NO. 03-3720-CV
CIVIL ACTION-LAW
DAWN A. SIMECEK,
Defendant
JURY TRIAL OF TWELVE DEMANDED
RULE 1312-1. The Petition for appointment of Arbitrators shall be substantially in the following form:
PETITION FOR APPOINTMENT OF ARBITRATORS
TO THE HONORABLE, THE WDGES OF SAID COURT:
WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall
be submitted.
"
ImORFF WILLIAMS & OTTO
Bl
David R. e ay, E quire
Attomeys for Plaintiff
ORDER OF COURT
AND this If) -,tv day of --d~~ ' 2005, in consideration of
,Esq., 1~~, ~LLu ,ESq.,and)L~~
pointed arbitrators in the above-captioned action as prayed for. J
the foregoing petition
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,Esq. are
By the Court,
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Dickinson College
In The Court of CommoniPleas of Cumberland
Plaintiff
County, PennsylvaniaNo~- 3720
Dawn Simecek
Defendant
Civil Action - Law.
Oath
We do solemnly swear (or affirm) that we will support, obey and defend the onstitution of the United
States and the Constitution of this Commonwealth and that we will discharg the . s of our office
with fidelity.
Jennifer Hipp
Name
Bleecher
iJJ..-.1it1~
Jignature
James M. Bach
Name (Chairman)
k\~\1
51 e
Law Finn
'\:7':y'" \. I-V,?\,
Law Fmn
oC
352 Sporting Hill Rd
Address
1 W. Main Street
Address
Drive
Mechanicsburg, PA
City, Zip
shiremanstown, PA
Me hanicsburg,
PA
City,
Zip
City,
Zip
Award
We, the undersigned arbitrators, having been duly appointed and sworn (or rmed), make the
following award: (Note: If damages for delay are awarded, they shall b
( .. /01 '" -:t
Date of Hearing: April 4, 2005
Date of Award: i/. if 1JS
J
1/1), ~
10,
Ii
Notice ofEnt rd
Now, the L/;J, day of Af)n! ,20 0') , at 3...tJ() , L. ., the above award was
entered upon the docket and notice ther';tf glven by maIl to the partIes or theIr alt meys.
Arbitrators' compensation to be paid upon appeal: $ $,;(90. dO
By:
Prothonotary
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F: WI LESIDA T AFlLEIDickinsonCollege 7619\Collections\Ciment\ 110lpra 7
Created: 5115105 \O:51AM
Revised: 5/6105 JL:21AM
7619C120
David R. Galloway, Esquire
MARTS ON DEARDORFF WILLIAMS & OTTO
Ten East High Street
Carlisle, PA 17013
(717) 243-3341
Attorneys for Plaintiff
DICKINSON COLLEGE,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL VANIA
v.
NO. 03-3720-CV
CIVIL ACTION-LAW
DAWN A. SlMECEK,
Defendant
JURY TRIAL OF TWELVE DEMANDED
PRAECIPE
TO THE PROTHONOTARY OF CUMBERLAND COUNTY:
Please enter judgment on the Arbitrators' Award against the Dawn A. Simecek in the amount
of$6,382.07 plus interest accruing at $0.71 per day form July 16,2003, until satisfied, with attorneys
fees of $780.00 and cost of suit.
MARTS ON DEARD RFF WILLIAMS & OTTO
By
David R. Galloway
LD. Number 87326
Ten East High Street
Carlisle, P A 17013-3093
(717) 243-3341
Attorneys for Plaintiff
Date: May 6, 2005
CERTIFICATE OF SERVICE
I, Jean Taylor, an authorized agent for Martson Deardorff Williams & Otto, hereby certify
that a copy of the foregoing Praecipe was served this date by depositing same in the Post Office at
Carlisle, P A, first class mail, postage prepaid, addressed as follows:
Ms. Dawn A. Simecek
9300 Liberty Road
Twinsburg,OH 44087-1836
MARTS ON DEARDORFF WILLIAMS & OTTO
y
Jean ylor
Ten <1st High Street
Carl' le,PA 17013-3093
(717) 243-3341
Dated: May 6, 2005
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