HomeMy WebLinkAbout03-3769F:\FILES\DATAFILE/Dickinson College 7619/DickinsonCoHegeCollecdons7619CXDocuments/I I I coral/thy
Created: 5113103 933:50 AM
Revised 7/25/0333828 PM
DICKINSON COLLEGE,
Plaintiff
V.
JOEL C. SPINNEY,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO.
CIVIL ACTION-LAW
JURY TRIAL OF TWELVE DEMANDED
NOTICE
You have been sued in court. If you wish to defend against the claims set forth in the
following pages, you must take action within m, enty (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 fights 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
M___~_~N~_~LLIAMS & OTTO
I.D. Number 87326
Ten East High Street
Carlisle, PA 17013
(717) 243-3341
Attorneys for Plaintiff
Date: August 5, 2003
DICKINSON COLLEGE,
Plaintiff
V.
JOEL C. SPINNEY,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. O'~-- lI'~koq
CIVIL ACTION-LAW
JURY TRIAL OF TWELVE DEMANDED
COMPLAINT
AND NOW, comes Plaintiff Dickinson College by and through its attorneys, MARTSON
DEARDORFF WILLIAMS & OTTO, and hereby avers as follows:
1. Plaintiff Dickinson College is a Pennsylvania educational institution and nonprofit
corporation with its principle place of business at West Street, Post Office Box 1773, Carlisle,
Cumberland County, Pennsylvania 17013.
2. Defendant Joel C. Spinney is an adult individual with a last known address of 6
Tideview Path Apt. #13, Plymouth, Plymouth County, Massachusetts 02360.
3. On or about February 17, 1994, Defendant entered into a Promissory Note - Federal
Perkins Loan Program (Note #1) with Plaintiff for the financing of $2,000.00, plus interest and costs
by Defendant on his own behalf, for educational services and benefits at PlaintifFs institution. A
copy of Note #1 is attached hereto as Exhibit "A."
4. On or about October 17, 1994, Defendant entered into an additional Promissory Note
- Federal Perkins Loan Program (Note #2) with Plaintiff for the financing of $2,000.00, plus interest
and costs by Defendant on his own behalf, for educational services and benefits at Plaintiff's
institution. A copy of Note #2 is attached hereto as Exhibit "B."
5. Note #1 and Note #2 are funds created under Part E of Title IV of the Higher
Education Act of 1965 as amended, (hereinafter the "Act") and are subject to the Act and the Federal
Regulations issued under the Act.
6. 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.
7. The total principal for Note # 1 and Note #2 is $4,000.00.
8. Note # 1 and Note #2 grant Plaintiff reasonable collection and attorney's fees which
Plaintiffhas calculated to be $600.00.
9. As of July 16, 2003, the principal and interest due and payable by Defendant to
Plaintiff was $4,902.25, plus interest accruing thereafter at $.55 per day.
10. As of July 16, 2003, the outstanding balance of $4,902.25 represents the total and
actual overdue value of the financing provided to Defendant under Note #1 and Note #2 for which
Defendant has yet to pay.
11. Plaintiff has fulfilled, performed and complied with all obligations and conditions of
Note #1 and Note #2.
COUNT I
BREACH OF CONTRACT
12. Plaintiff hereby incorporates by reference the averments contained in Paragraphs 1
through 11 of this Complaint.
13. Defendant breached the expressed and implied obligations, conditions and terms of
agreement of Note #1 and Note #2 by failing to pay the amounts financed therein.
WHEREFORE, Plaintiffdemands judgment against Defendant in the amount of $4,902.25,
plus interest accruing at $.55 per day, collection and attorneys' fees in the amount of $600.00 and
costs of suit.
COUNT II
IN OUANTUM MERUIT
14. Plaintiff hereby incorporates by reference the averments contained in Paragraphs 1
through 13 of this Complaint.
15. Having requested Plaintiff to loan money, and doing so to the benefit of Defendant,
Defendant became liable to Plaintiff for said money.
16. Defendant has been unjustly enriched by accepting said money without paying
Plaintiff reasonable compensation therefor.
17. As of July 16, 2003, the total amount by which Defendant has become enriched is
$4,902.25, plus interest in the amount of $.55 per day from July 16, 2003.
WHEREFORE, Plaintiffdemands judgment against Defendant in the mount of $4,902.25,
plus interest in the amount of $.55 per day from July 16, 2003, collection and attorneys' fees in the
amount of $600.00 and costs of suit.
Date: August 5, 2003
David R. Galloway
I.D. Number 87326
Ten East High Street
Carlisle, PA 17013-3093
(717) 243-3341
Attorneys for Plaintiff
-O9
Promissory Note-Federal Perkins Loan Pro,ram
[Amy bracketed clau~e or paragraph may be included at option of/astitetioa.]
I, ,ln~l [~ ~pi~,.l/.'~' , , promi~ to pay to Dickinson C0l~e~ ~erei~flerc~l~e
~m~on),l~a~dat Ca~llsle, PA 17013-2896 ,~esumof~e~oun~at~e~v~ced~me~dendor~in~e
~dule of Adv~ces ~t fo~ b~low. I promi~ to pay ~1 re~nable collac~oa cos~, ~cludin~ a~omey fees ~d o~er ch~ges, a~ for
~e collee~on of ~y ~ount not p~d when due.
I ~ar unders~d ~d agre~ ~at:
I. Oene~
(1) A~vlicable ~w. ~1 roms ~v~c~ under ~s no~ ~ dra~ ~om a ~nd cr~ under P~ E of Title ~ of ~e ~r Education Ac~
of 1965, ~ ~en~d ~erei~r c~led ~e Act), ~d ~e subj~t m ~e Act ~d ~e Feder~ regulafio~ i~ed under ~e Act. ~e ~s of ~s
note sh~l be ~re~d in ~co~ce ~ ~e Act ~d Feder~ regulation, copies of which ~e to be kept by
~) Pr~edures for Receivia~ ~fe~ent. C~cellation. or Forbe~ce. I unders~d ~, to r~eive a defe~ent, c~cellafioa, or
for~ce, I must request ~e defe~eat, c~eell~on, or forb~ce in ~iting from ~e ~stimfion ~d must ~b~t to ~e ~fimfion ~y
d~umen~fio~ required by ~e ~tim~on m prove ~ I qu~ for ~e deferment, e~cellation, or forbade.
~ eligible for defe~ent, e~cellation, or forbe~ee under ~icles ~ ~rou~ ~, I ~ re~o~ible for ~bmi~g ~e ~pmp~a~ requ~
on time. I ~ar undera~d ~at I may 1o~ my defe~ent, c~cellation, ~d forb~ce benefi~ if I ~1 to file my request on time.
H. Interest
~rest ~ ~c~e ~om ~e begging of ~e repayment pe~ ~d sh~[ be at ~e ~ P~AGE ~ OF ~ P~
{S%) on ~e unp~d b~ce, except ~at no in.rest ~1 ~c~e dung ~y defe~ent peri~ dec.bed in ~cle
~. Reoavment
(1) I promi~ ~ repay ~e princip~ ~d ~e intere~ ~at ~c~es on it to ~e ~stimtion over a pe~ ~$i~ng ~ne (9) mon~s a~er ~e date
I c~ to be at l~t a h~f-~me regul~ s~dent at ~ i~fimtion of hi.er education, or at a comp~le/~tloa ou~ide ~e U~d S~tes
approved for ~s pu~o~ by ~e U~d S~tes S~re~ of Education ~erei~r c~led ~e Secret), ~d ending ~n (10) ye~s ~mr, u~e~
~at peri~ is [sho~ed under p~ph ~(~, or] extended u~der p~graphs ~(4), ~ (exterior), ~(1), or ~)
(2) Upon my ~n reque~, ~e repayment pe~ may s~ on a ~ ~er ~ ~e one ~dlcated ~ p~h ~(I).
O)(A) I promi~ to repay ~e p~cip~ ~d inte~st over ~e cour~ of ~e repayment peri~ in equ~ mon~ly, bimon~ly, or q~arly
i~lmen~, ~ de~ined by ~e ~mfion. I unders~d ~at, if my i~Iment payment for &l ~e lo~ m~e m me by ~e ~mtion is not
a multiple of ~, ~e ~ti~oa may round ~at payment to ~e next hi.est doll~ ~ount ~at is a multiple of $5.
~) No~s~diag p~agmph ~O)(A), upon my ~itten request, repayment may be made in gradua~d i~lmen~ in ~cord~ce wi~ a
~hedule ~proved by ~e Secret.
(4) No~s~d~g p~g~ph ~(1), if I qu~i~ ~ a low-income indlvidu~ during ~e repayment pefi~, ~ ~tlmtion, upon my ~itten
reque~, may exte~ ~e repayment peri~ for up to ~ addition~ ~n (10) ye~s ~d may ~just ~y repayment ~hedule ~o reflect my ~come.
[(~(A) If ~e mon~ly ~ ~at would be esmbli~ed under p~a~aph ~(1), or ~e to~ mon~ly repayment m~ of princlp~ ~d in.rest on
~ my Feder~ Per~ ~, including ~is Io~, is le~ ~ $~0 · 00 per mon~, I sh~l repay
~s lo~ ~ ~e ~te of $40.00 per mon~ (which ~cludes bo~ p~ncip~ ~d ~mres0.
(~) H I ~ received Fede~ Per.ins ~ ~om o~er {~ti~tio~ ~d ~e ~ mon~ly repayment m~ on ~o~
$40 · 00 ~e $40.00 mon~ly payment es~blished under ~bp~a~raph ~(~(A) ~cludes ~e ~oun~ I owe
on ~1 my out.ding F~e~ Per~ ~, including ~o~ received ~om o~er i~m~o~. ~e posen of'~e $~0 · 00
mon~ly payment ~at ~l be applied to ~is l~ ~11 be ~e difference be~een $40.00 ~d ~e to~ of ~e ~oun~ owed at a
mon~ly m~ on my o~er Fede~ Per~ ~.
(5) ~e .~fimfion may pe~i~ me to pay le~ ~ ~e rate of $40 · 00 per ~on~ for a pe~ of not more ~ one (1) ye~
where nece~y m avoid h~d~ip m me u~e~ ~at action would extend ~e repayment peri~ in p~graph
~ ~e ~fi~t/on may, upon my ~t~n request, reduce ~y ~heduled repaymen~ or extend ~e repaymen~ pe~ indicated in p~agmph
~(1), if, in i~ opi~on, clrcums~ces ~ch ~ prolonged illness or unemployment prevent me ~om m~ng ~e ~heduled repayment.
However, in.rest sh~l continue to ~c~e.
~. Preoavment
(1) I may, at my option ~d ~out pe~ty, prepay ~l or ~y p~ of ~e pNacip~, plus ~y ~cm~ ~rest ~ereon, at ~y time.
(2) ~oun~ I repay in ~e ~emlc ye~ in which ~e 1~ w~ made ~d ~e i~ti~ Erie ped~ ~ not ended
~ouni of ~e l~ ~d will not ~ co~idared a prepayment.
(3) If I repay ~oun~ during ~e ac~emic ye~ in which ~e lo~ w~ m~e ~d ~e i~ti~ grace peN~ ended, o~y ~o~ ~oun~ in excess
of ~e ~ount due for ~y repayment pe~ ~l be co~idered a prepayment.
(4) If, in ~ ~emic ye~ o~er ~ ~e awed ye~ in which ~e lo~ w~ made, I repay more ~ ~e ~ount due for a i~lmeut, ~e
eace~ will be u~d to repay p~acip~ u~ess I designate it ~ ~ advice payment of ~e next regul~ i~ment.
V. De faul~
(1) ~e ~sti~tion may, a~ i~ option, decl~e my lo~ to be in default and may dem~d immediate payment of ~e entire unp~d b~ce of
· e I~, includlug pfincip~, interest, la~e ch~ges, ~d collection cos~, if--
(A) I do not m~e a ~heduled payment when due under ~e repayment ~hedule es~blished by ~e ~ti~tion; ~d
~) I do not ~bmlt to ~e ~sti~tion, on or before ~e ~te on which payment is due, d~umen~tion ~at I qu~i~ for a deferment,
c~cellation, or forbe~ce ~ de~ribed in ~tlcles ~, ~, ~, ~, X, ~, ~, ~, or ~ of ~is agreement.
(2) I unders~d ~at ~e ~timtion may di~lose w credit bureau orga~tions ~e ~ount of l~s made to me, ~ong wi~ o~er relev~t
Page 1 of 4
Feder~JPerl~ns/luly 1993
EXHIBIT "A"
information.
(3) I understand that, if I default on my loan, the In.stitution may disclose that I have defaulted, along with other relevant information, to
credit bureau organizations.
(4) Further, I understand that, if I default on my loa~ and the loa~ is assigned to the Secretary for collection, the Secretary may disclose that
I have defaulted, along with other relevant information, to credit bureau organizations. (5) I understand that, ill default on my loan, I will lose my right to forbearance.
(6) I understand that, if I default on my loan, I will lose my right to defer repayments.
(7) I unders~aod that, if the Institution accelerates the loan under paragraph V(I), I will lose my right to receive a cancellation of a portion of
my loan for any service described in Articles VIIi, IX, X, XI, XII, X]]I, or XIV performed afier the date the Institution accelaratedthe loan.
(8) I understand that failure to pay this obligation under the terms agreed upon will prevent my obtaining additional smdant financial aid
authorized under Title IV of the Higher Education Act of 1965, as amended, until I have made arrangements that are satisfactory to the
Institution or the Secretary regarding the repayment of the loan.
VI. Forbearance
(1) I understand that, upon making a properly documented written request to the Institution, I am entitled to be granted forbearance of
principal and interest or principal only, renewable at 12-month intervals, for a period not to exceed three years,
(A) My debt burden equals or exceeds 20 percent of my gross income; or
(B) The Institution determines that I qualify for other reasons.
VII. Deferment
(1) I understand that, upon making a properly documented written request to the Institution, I may defer making scheduled i~stallmant
payments and will not be liable for any interest that might otherwise accrue during the followiog periods: (A) For any period that I am--
(i) Enrolled and in attendance ac a regular student in at leac~ a half-tlme course of study at an eligible institution;
(ii) Enrolled and in attendance ns a regular student in a course of study that is part of a graduate fellowship program approved by the
Secretary;
(iii) Engul~'..d in graduate or post-graduate fellowship-supported study (such as a Fulbright grant) outside the united States; or
(iv) Em'oiled and in attendance in a course of study that is part of a rehabilitation training program for disabled individuals approved by the
Secretary.
(B) For any period that I am engaged in service described in Articles VEl, IX, X, XI, X][I, XIH, or XIV of this agreement.
(C) For a period not to exceed three O) years during which-
(i) I am seeking ami unable to find full-time employment; or
(ii) For any reason that my Institution determines has caused or will cause me to have an economic hardship.
(2) I understand that I am uot eligible for a deferment under paragraph (VID(I)(A) while I am;serving in a medical internship or residency
program.
(3) I understand that I may contiune to defer making scheduled installment payments and will not be liable for any interest that might
otherwise accrue for a slx (6) mouth period immediately followiog the expiration of any deferment provided in paragraph VII(l).
VIII. Teachin~ Cancellation
(l) I understand that, upon making a properly documented written request to the Institution, I mn entitled to have up to 100 pement of the
amount of this loan plus the interest thereon canceled if I perform qualifying service afiar the period for which I received the loan-
(A) As a full-tlme teacher ill a public or other nonprofit elementary or secondary school in the school district of a local educational agency
that is eligible in such year of service for funds under Chapter I of the Education Consolidation and Improvement Act of 1981, as amended, and
which has been designated by the Secretary (afier consultation with each State Department of Education) in accordance with the provisions of
section 465(a)(2) of the Act as a school with a high concentration of students from low-income families. An official Directory of designated
low-income schools is published amlually by the Secretary;
(B) As a full-time special education teacher (including teachers of infants, toddlers, children, or youth with disabilities) in a public or other
nonprofit elementary or secondary school system, or as a full-time qualified professional provider of early intervention services in a public or
other nonprofit program under public supervision by the lead agency as authorized in section 676('0)(9) of the Individuals With Disabilities
Education Act; or
(C) As a full-time teacher of mathematics, science, foreign languages, bilingual education, or any other field of expertise that is determined
by the State Department of Education to have a shortage of qualified teachers.
(2) A portion of this loan will be canceled for each completed year of teaching service at the following rates:
(A) 15 percent of the total principal amount of the loan plus interest on the unpaid balance accruing during that year for each of the first and
second complete academic years of thai teaching service;
(B) 20 percent of the total principal amount of the loan plus interest on the unpaid balance accruing during that year for each of the third and
fourth complete academic years of that teaching service; and
(C) 30 percent of the to~J principal amount of the loan plus interest on the unpaid balance accruing during that year for the fu~h 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 I00 percant of the
amount of this loan plus the interest thereon canceled if I perform qualifying service afier the period for which I received the loan as a full-time
staff member in a Head Start program if-
(A) That Head Stari: program is operated for a period that is comparable to a full school year in the locality; and
Page 2 of 4 Federal Perkins/inly 199..
(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 accnting
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 p¥operty documented written request to the Institution, I am entitled to have up to 50 percent of the
principal amount of this loan plus the interest thereon canceled if I serve as a member of the Armed Forces of the United States in an area of
hostilities that qualifies for special pay under section 310 of Title 37 of the United States Code.
(2) This loan will be canceled at the rate of 12 1/2 percent of the total principal amount of the loan plus interest on the unpaid balance
accruing during that year for each complete year of such qualifying service ai%r the period for which I received the loan.
XI. Volunteer Service Cancellation
(1) I understand that, upon making a properly documented written request to the Institution, I am entitled to have up to ?0 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 Ioan-
~ (A) As a volunteer under the Peace Corps Act; or
(B) As a volunteer under the Domestic Volunteer Service Act of 19"/3 (ACTION programs).
(2) This loan will be canceled at the follov,ing 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 ~velve (12) month periods of volunteer service completed; and
(B) 20 percent of the total principal amount of the loan plus interest ou the unpaid balance accruing during that year for each of the third and
fourth twelve (12) month periods of volunteer service completed.
XII. Law Enforcepaant or Corrections Officer Cancallatinu
(1) I understand that, upon making a properly documented written request to the Institution, I am entitled to have up to 100 percant of the
amount of this loan plus the interest thereon canceled if I perform qualifying service after the period for which I received the loan-
(A) As a fuLl-time law enforcemeat officer for service to an eligible local, Stute, or Federal law enforcemant agancy; m-
(B) As a fuLl-time corrections officer for service to an eligible local, State, or Federal corrections agency.
(2) A portion of this loan will be canceled for each completed year of law enforcement or corrections service at the following rates:
(A) 1f; percent of the total principal ~ount of tile 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 tile unpaid balance accruing during that year for the fifth complete
year of that service.
XIII. I~lurse or Medical Technician Cancellation
(1) I understand that, upon making a properly documented written request to the Institvtlon, 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 u full-tlme
nurse or medical technicinll 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 totni principal amount of the loan plus interest on the unpaid balance accruing during that year for each of the third and
fourth complete yea~s of that service; and
(C) 30 percent of the total principal amount of the loan plus interest on the unpaid balance accruing during that year for the fifth complete
year of that service.
XIV. Child or Family Service Aeanc¥ Cancellation
(1) I understand that, upon making a properly documented written request to the Institution, I am entitled to have up to 100 percent of the
amount of this loan plus interest thereon canceled if I perform qualifying service at, er the period for which I received the loan as a faLl-tlme
employee of an eligible public or private nonprofit child or family service agency who is providing, or supervising the provision of, services to
hi,h-risk children who are from low-lncome communities and the families of such children.'
(2) A portion of this loan will be canceled for each completed year of service at the following rates:
(A) 15 percent of the total principal amount of the loan plus interest on the unpaid balance accruing during that year for each of the first and
second complete years of that service;
(B) 20 percent of the ~ni principal amount of the loan plus interest on the unpaid balance accruing during that year for each of the third and
four~ 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 ~hat year for the fii~th complete
year of that service.
X~. Death and I~isabilli¥ Cancellation
(1) In the eye,it of my death, the total amount owed on this loan will be canceled.
(2) If I become permanently and totally disabled after I receive this loan, the lastitotlon will cancel the total amount of this [wan.
XVI. Chanie in ~lame. Address. Tetevhone Number. or Social Security Number
I am responsible for informing the Institution of any change or changes in name, address, telephone number, or Social Security number.
Page 3 of 4
Federal Perkins/July 1993
XVII. I~ate Charge
(1) The Institution will impose a' late charge if-
(A) I do not make a scheduled payment when it is due; .and
(B) [ do not submit to the Institution, on or before the date on which paymant is due, documentation that I quailfy for a deferment,
ca~cellatlon, or forbearance as described in Articles VI, VH, VIII, D/, X, XI, XII, XI]I, or XIV of this agreement.
(2) No charge may exceed 20 percent of my monthly, bimonthly, or qua~erly payment.
(3)(A) The Institution may-
(i) Add the late charge to the prin¢ipnl the day after the scheduled repayment was due; or
(ii) Include it with the next scheduled repayment after I have received notice of the late charge,
03) 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.
(1) This note may be assigned by the Institution only to-
(A) The United States;
lB) Another institution upon my transfer to that institution if that institution is participating in this program; or
(C) Another institution approved by the Secretary.
(2) The provisions of this note that relate to the Institut/on shall, where appropriate, relate to an a~slgnee.
(3) Any holder of this loan is subject to all claims and defenses that I could assert against the Institution that made this loan; my recovery
limited to the amount I repaid on this loan.
XIX. Prior
I hereby certify that ! have listed below all of the Federal Perkins Loans ! have obtained at other institutions. (If no prior loans have been
received, state
FEDERAL PERKINS LOANS AT OTHER INSTFFUTIONS
Amoutu Date Institution
XX. Schedule of Advances
The following amounts were advanced to me under this loan agreement on the date~ indicated:
Amount Date Sigpatu~re of Borrower
i 1,000. O0 8/15/93
2 1.000.00 1/12/94
3 ·
4
NOTICE TO BORROWER: DO NOT SIGN rl',l:t~ NOTE BEFORE YOU READ IT.
I UNDERSTAND AND AGRE~ TO ALL OF 'r~u~.; FOREGOING TERMS AND CONDITIONS.
[This note is s/gned as a sealed i~stroment.]
Permacot A~ress (Street or Box Number, Ci~, S~te, ~d Zip C~e)
S~i~ Secudt~ Number ~o~ower must provide) O~ - ~'- ~ ~
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. IOi7dd)
Page 4 of 4 Federal Parkins/.l'uly 1993
PERKINS (NDSL) TRUTH-IN-LENDING STATEMENT
DICKINSON COLLEGE
Account Number
Name of Borrower
Address
00273-000-00-2845-09
Joel C. Spinney
34 Dorothy Dr.
Plymouth, MA 02360
ANI~JAL PERCENTAGE
RATE
%he cost of your
credit ae a yearly
AMOUNT F%NANC~D
The amount of
credit provided
to you.
Prior to During
repayment repayment
0 % 5 %
$ 2,000.00
Itemization of the Amount Financed: $ ?,000.00
Amount given directly to you.
Lace Charge:
If a paymen= is lace, you may be charged: $1.00 for the first
late payment, and $2.00 for each ~ubsequent lace payment if
this loan is payable monthly, $3.00 for each late payment if
this loan is payable bimonthly, $6.00 for each lace payment
if this loan is payable quar=erly.
Prepayment: If you pay off early, you will not have to pay a penalty.
See your promissory note for any additional information about nonpayment, de-
fault, any required repayment in full before the scheduled date, and pre-
payment.
TRE BORROWER ACKNOWLEDGES RECEIPT OF AN EXACT COPY OF THIS STATEMENT.
STUDENT
BORROWER ~.//
INSTITUTIONAL
REPRESENTATIVE
DATE
Promissory Note-Federal Perkins Loan Program
[Any bracketed claus~ or. paragraph may be included at option of institution.]. .
I, Joe£ C. =p~.nney . promise tu pay to DlCklnsoll Colleqe (hereinal~er called the
Instimtion), located at Carlisle, PA 17013-2896 . the sum of the amounts that are advancad to me and endorsed in the
,~chedale of Advances set forth below. I promise to pay all ree.~nable collection costs, including attorney fees and other charges, necessary for
the collection of any amount not paid when due.
I further understand and agree that:
L General
(1) Aeollcable Law. All sums advanced under this note are drawn from n fund created under Part I~ of' Title 1V of the Higher Education Act
of' 1965, as amended ~aerainaflet called the Act), and are subject to the Act and the Fndetal regulations issued under lhe Act. The terms of this
note shall be interpreted in accordance with the Act and Federal regulations, copies of which are to be kept by the I~timtion.
(2) Procedures for Receivin~ Deferment. Cancellation. or Forbearance. I nnderstand that, to receive n deferment, cancellation, or
forbearance, I must request the deferment, cancellation, or forbearance in writing from the Institution and must submit to the Inatitution any
documentation required by the Institution to prove that I quarry for the deferment, cancellation, or forbearance. I further understand that, if I
am eligible for deferment, cancellation, or forbearance under Articles VI through XI¥, ! am responsible for submitting thn appropriate requests
on time. I further understand that I may lose my determent, cancellation, and forbearance benefits if ! fail to file my request on time.
II. Interest
Interest shall accrue from the beglnnln~ of the repayment period and shall be at the ANNUAL PERCENTAGE RATE OF FIVE PERCENT
· (5%) on the unpaid balance, except that no interest shall accrue during any deferment period described in Article VII.
IH. Renavment
(1) I promise ~o repay the principal and the interest that accrues on it to the Institution over a period begim~ing nina (9) months after the date
I cease to be at lenst n half-time regular student at an institution of'higher education, or at a comparable institution outside ~he United States
approved for this purpose by the United States Secretary of Education (hereinafter called the Secretary), and ending ten (10) years later, unless
that period is [shortened under para&raph HI(b-), or] extended under paragraphs III(4), HI(T) (extensions), VII(l), or VIIO) (deferments).
(2) Upon my wrltten request, the repayment period may start on a date earller than she one indicated in paragraph ~I(1).
(3)(A) I promise to repay the principal and interest over the course of' ~e repayment period in equal monthly, bimonthly, or quarterly
installments, ns determined by the Institution. I understand that, if' my installment payment for all the loans made to me by the Institution is not
n multiple of' $5, the Institution may round that payment to the next highest dollar amount that ia a multiple of $5.
(B) Not~vithstanding paragraph III(3)(A), upon my written request, repayment may be mede in graduated insndlmente in accordance with a
schedule approved by the Secretary.
(a,) Notwithstanding paragraph HI(I), if I qualify as n Iow-income individual durin& the repayment period, the Institution, upon my written
request, may extend the repayment period for up to an addltionai ten (10) years and may adjust any repayment schedule to reflect my thcome.
[(5)(A) If the monthly rate that would be established under paragraph I~(1), or the total monthly repayment rata of' principal and interest on
all my Federal Perkins Loans, including this loan, is less than $40 o 00 per month, I shall repay the principal and interest on
this loan at the rate of $40.00 per month (which includes both priocipel and interest).
(5)(B) Ill have received Federal Perkins Loans from other institutions and the total monthly repayment rate on those loans ia le~ than
$40 o 00 the $40 o 00 monthly payment established under subpara~aph IH(S)(A) includes the amounts I owe
on all my outstanding Federal Perkins Loans, including those received from other institutions. The portion of the $4.0,00
monthly payment that will be applied to this inan will be the difference between $40 · 00 and the total of the amounts owed at a
monthly rate on my other Federal Perkins Loans.
(6) The .Institution may permit me to pay less than the rate of' $4.0 o 00 per month for a period of not more than one (1) year
where necessary to avoid hardship to me unless that action would extend the repayment period in paragraph
('/) The Institution may, upon my written request, reduce any scheduled repayments or extend the repayment period indicated in paraaraph
Ill(l), if, in itc opinion, circumstances such as prolonged illness or unemployment prevent me from making the scheduled repayments.
However, interest shall continue to accrue.
(1) I may, at my option and without penalty, prepay all or any part of t~e principal, plus any accrued interest thereon, ta any time.
(2) Amounts I repay in the academic year in which the loan was made and the initial grace period has not elided will be used to reduce the
amount of the loan and will not be considered n prepayment.
(3) If' I repay amounts during the academic year in which the loan was made and the initial grace period ended, only those amounts in excess
of the amount due for any repayment period shall be considered a prepayment.
(4) If, in an academic year other than the award year in which the loan was made, I repay more than the amount due for an installment, the
excess will be used to repay principal unless I designate it as an advance paytaeat of the next regular installment.
V. Default
(1) The Institution may, at its option, declare my loan to be in default and may demand immediate payment of' the entire unpaid balance of
the loan, inn furling principal, interest, late charges, and collection costa,
(A) I do not make a scheduled payment when due under the repayment schedule established by the Institution; and
(B) I do not submit to the Institution, on or before the date on which paytaent is due, documentation that I qualify for a deferment,
cancellation, or forbearance as described in Articles VI, VII, VIII, IX, X, XI, X~, XIII, or XIV of this agreement.
(2) I understand that the Institution may disclose to credit bureau organizations the amount of loans made to me, along with other relevant '
Page 1 of 4 Federai Perkins/luly 1993
EXHIBIT "B"
information.
(3) I understand that, if I default on my loan, the Institution may disclose that I have defaulted, along with other relevant information, to
credit bureau orga~Uzations.
(4) Further, I understand that, if I default on my loan and the loan is assigned to the Secretary for collection, the Secretary may disclo~ that
I have defaulted, along with other relevant information, to credit bureau organizations. (5) I understand that, if I default on my loan, I will lose my right to forbearance.
(6) I understand that, if I default on my loan, I will lose my right to defer repayments.
(7) 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 VI~, IX, X, XI, XI], XIII, or XIV performed afier the date the Institution accelerated the loan.
(8) I understand that failure to pay this obligation under the terms agreed upon will prevent my obtaining additional student financial aid
authorized under Title IV of the Higher Educafion 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 grantod forbearance of
principal and interest or principal only, renewable at 12-month intervals, for a period not to exceed three years, if-
(A) My debt burden equals or exceeds 20 percent of my gross income; or
(B) The Institution determines that I qualify for other reasons.
VII. Deferment
(1) I understand that, upon mnklng a properly documented v,q'itten request to the Institution, I may deter making scheduled insudlment
payments and will not be liable for any interest that might otherwise accrue during the following periods:
fA) Nor any period that X am-
fi) Enrolled and in attendaoce ns a regular student in at least a half-time course of study at an eligible institution;
(ii) Enrolled and in av. endance as a regular student in a course of study that is part of a graduate fellowship program approved by the
Secretary;
(iii) Engaged in graduate or post-graduate fellowship-supported study (such as a Fulbright grant) outside the United States; or
(iv) Enrolled and in attendance in a course of study that is part of a rehabilitation training program for disabled individuals approved by the
Secretary.
(B) For any period that I am engaged in service described in Articles VIII, IX, X, XI, X]], X~I, or X~V of this agreement.
(C) For a period not to exceed three (3) years during which-
(1) I am seeking and unable to find full-time employment; or
(ii) I%r any reason that my Institution determines has caused or will cause me to have an economic hardship.
(2) I understand that I am not eligible t'or n deferment under paragraph (V~)(1)(A) while I am~serviag in a medical internship or residency
program.
(3) I understand that X may cunt/hue to defer making scheduled installment payments and will not be liable for any interest that might
otherwise accrue for a six (6) month period immediately following the expiration of any deferment provided in paragraph VII(l).
VIII. Teacbinn Cancellation
(1) I understand that, upon making a properly documented written request to the Institution, ! am entlded to have up to 100 percent of the
amount of this loan plus the interest thereon canceled it' ! perform qualifying service aRer the period for which I received the loan-
(A) As n full-time teacher in n public or other nonprofit alemeutary or secondary school in the school district of n local educational agency
that is eligible in such year ut~ service for funds under Chapter I of the Education Consolidation and Improvement Act of 19:81, as amended, and
which has been dnsignated 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 ut- students from Iow-income families. An ot-ficlni Directory of designated
Iow-lncome schools is published annually by the Secretary;
(B) As a full-time special education teacher (including teachers of infants, toddlers, children, or youth with disabilities) in a public or other
nonprofit elementary or secondary school system, or as a full-tlme qualified professional provlder of early intervention services in a public or
o~her nonprofit program under public supervision by the lead agency ns authorized in section 6'7fiCo)(9) ut- the Individuals With Disabilities
Education Act; or
(C) As a full-time teacher of mathematics, science, foreign languages, bilingual education, or any other field of expertise that is determined
by the State Department of Education to have a shortage of qualified teachers.
(2) A portion of this loan will be canceled for each completed yaar of teaching service al: the t-ollowing rates:
fA) 15 percent of the total principal amount of the loan plus interest on the unpaid balance accruing during that year t-or each of the first nmi
second complete academic yeats of that teaching service;
(B) 20 percent of the total prioclpai amount of the loan plus intercst on the unpaid balance accruing during that year t-or each of the third and
fourth complete academic years ut- that teaching service; and :
(C) 30 percent of the totu~ 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
fl) 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 it' I perform quadlfying service afier the period for which I received the loan as n full-time
staff member in a Head Start program if-
(A) That Head Start program is operated for a per/od that is comparable to n full school year in the locality; and
Page 2 of 4 Federal Perklns/July 1993
(B) My salary is not more than the sal~y 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 St~u't is a preschool program carried out under the Heed Start Act.
X. Milita~ Cancellation
(1) I understand that, upon mnlclng a p~'operly documented written request to the Institution, ! am entitled to have up to 50 percent of t~e
principal amount of this loan plus the interest thereon canceled if ! serve as a member of the Armed Forces of the United States in an area of
hestillfies that qualifies for special pay under section 310 of Title 37 of the United Steles 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.
X~. Volunteer Service CanceHatioll
(1) I understand that, upon making a properly documented written request to the Institution, ! am entitled to have up to 70 percent of the
amount of this loan plus the interest thereon canceled if I perform qualifying service after the period for which I received the loan-
. (A) As a volunteer under the Pence Corps Act; or
(B) As a volunteer under the Domestic Volunteer Service Act of 19'/3 (ACTION programs).
(2) This loan will. be canceled at the following rates:
(A) 13 percent of the total principal amount of the loan plus interest on the unpaid balance accruing during that year for each of the first and
second twelve (12) month periods of volunteer service completed; and
(B) 20 percent of the total principal amount of the loan plus interest on the unpnid bnlanea accruing during that year for each of the third and
fourth twelve (12) tuonth periods of volunteer service completed.
!II. Law Enforcement or Corrections Officer Cancellation
(1) I understand that, upon mnklng a properly documented written request to the tastitutinn, I am entitled to have up to 100 percent of the
amount of this loan plus the interest thereon canceled if I perform qualifying Service after the period for which I received the loan-
(A) As a full-time law enforcement officer for service to an eligible local, State, or Federal law enforcement agency; or
(B) As a full-tlme corrections officar for service to an ali~ible local, State, or l%deral corrections agency.
(2) A portion of this loan will be canna!ed for each completed year of law enforcement or corrections service at the following rates:
(A) 13 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 cotuplete 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.
!III. Nurse or Medical Technician Cancellation
(1) I understand that, upon making a properly documented written request to the In.~tutinn, I am entitled to have up to 100 percent of the
amount of this loan plus the interest thereon canceled if X perform qualifying service after the period for which I received thc 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) 13 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 yesrs of that service; and
(C) 30 percent of the total principal amount of the loan plus interest on the unpaid balanea accruing during that yea~ for the fiRb complete
year of that service.
Xi%'. Child or lrnmilv Service Atenc¥ Cancellation
(1) I understand that, upon making a properly documented written request to the Institution, I am entitled to have up to 100 percent of the
amount of this loan plus interest thereon canceled if I perform qualifying service after the period for which I received the loan as a full-time
employee of an eligible public or private nonprofit child or fami!y service agency who is providing, or supervising the provision of, services to
hiF, h-risk children who are from low-income communities and the families of such children.
(2) A portion of this loan will be canceled for each completed year of service at the following rates:
(A) 15 percent of the total principal amouut 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 ascrutng during that year for each of the third and
fourth complete yea~ of that service; and
(C) :30 percent of the tot~ principal amount of the loan plus interest on the unpaid balance accruing durin~ that year for the fifth complete
year of that service.
XV. Death and Disability Cancellation
(1) la the event of my death, the total amount owed on this loan will be canceled.
(2) If I become permanently and totally disabled after I receive this loan, the Institution wilt cancel the lute! amount of this loan.
!VI. Chan~e in Name. Address. Telephone Number. or Social Securlt¥ Number
I am responsible for informing the Institution of any change or changes in name, address, telephone number, or Sncial Security number.
Page 3 of 4 Feder~ Per~ns~uly 1993
X¥1~. Late Charee
(1) The Institution will impose a'late charge if-
(A) I do not make a scheduled payment when it is due; and
(B) I do not submit to the Institution, on or before the d~TM on which payment is due, documentation that X qualify for a determent,
cancellation, or forbearance aa deacribed in Articles VI, VII, VIII, IX, X, XI, XII, XI]I, or XIV of this agreement.
(2) No charge may exceed 20 per,ant of my monthly, bimonthly, or quarterly payment.
(3)(A) The Institution may-
(i) Add the late char&e to the principal the day after the scheduled repayment wns due; or
(ii) Include it with the next scheduled repayment aRer I have received notice of the late charge.
(B) If the Institution elects to add the late charge to the outstanding principal of the loan, it must so inform me before the due date of the
next imaallmant.
(1) This note may be assigned by the Institution only to-
(A) The United States;
(B) Another institution upon my transfer to that institution if that institution is participating in this program; or
(C) Another institution approved by the Secretary.
(2) The provisions of this note that relate to the I~.stitution ~dl, where appropriate, relate to an assignee.
(3) Any bolder of this lona is subject to all claims and defenses that I could assert against the Institution that made this loan; my recovery ia
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 Loams I have obtained at other instimtlons. (If no prior loans have been
received, state "None.')
FEDERAL PERXINS LOANS AT OTHER INSTITUTIONS
Amount Date Institution
XX. Schedule of Advances
The following amounts were advanced to me under this Iaaa agreement on the dates indicated:
Amount Date Signature of Borrower
2 91,ooo.oo
3 $1,000.00 1/24/9R
4
NOTICE TO BORROWER: DO NOT SIGN 'l-itlS NOTE BEFORE YOU READ IT.
I UNDERSTAND AND AGREE TO ALL OF 'rue FOREGOING TERMS AND CONDITIONS.
[This note is si&ned aa a sealed instrument.]
Dat. /0//7 ,
Permanent Address (Street or Box Number, City, S~ate, and Zip Code)
Social Security Number (borrower must provide)
[(seal)l
The borrower and Institution shall execute this note without security and without endorsement.
The Institution shall provide a copy of this note to you a~d you should retain the copy for your records.
(Authority: 20 U.S.C. 108?dd)
Page 4 of 4 Federal Perkins/J'uly 1993
PERKINS (NDSL) TRUTH-IN-LENDING STATEMENT
DICKINSON COLLEGE
Account Number
Name of Borrower
Address
00273-000-00-2845-09
Joel C. Spinney
34 Dorothy Dr.
Plymouth MA 02360
ANNUAL PERCE~rTAGE
~ATE
The cost of your
credit as a yearly
rate.
AMOUNT FINAN C~D
The amount of
credit provided
tO yOU.
Prior to During
repaymen= repayment
5 2,000.00
0 z z $
Itemization of the Amoun= Financed: $ 2,000.00 Amount given directly :o you.
Late Charge:
If a payment is late, you may be charged: $I.00 for the firs=
late payment, and $2.00 for each subsequent late payment if
:his loan is payable monthly, $3.00 for each late payment if
:his loan is payable bimonthly, $6.00 for each late payment
if :his loan is payable quarterly.
Prepayment: If you pay off early, you will not have :o pay a penalty.
See your promissor7 no=e for any additional information about nonpayment, de-
fault, any required repayment in full before the scheduled date, and pre-
payment.
BORROWER ACKNOWLEDGES KECEIMT OF AN EXACT COPY OF THIS STATEMENT.
BORROWER
lO
INSTITUTIONAL
~EPP. E$ ENTATIVE
DATE /~ ' /
VERIFICATION
I, THOMAS MEYER, Assistant Treasurer of Dickinson College, acknowledge that I
have the authority to execute this Verification on behalf of Dickinson College and certify
that the foregoing Complaint is based upon information which has been gathered by my
counsel in the preparation of this lawsuit. The language of this Complaint is that of counsel
and not my own. I have read the document and to the extent that this Complaint is based
upon information which I have given to my counsel, it ts true and correct and to the best of
my knowledge, information and belief. To the extent that the content of this Complaint is
that of counsel, I have relied upon counsel in making this Verification.
This statement and Verification are made subject to the penalties of 18 Pa. C.S. §
4904 relating to unsworn falsification to authorities, which provides that if I knowingly make
false averments, I may be subject to criminal penalties.
Dated: August 5, 2003
Dickinson College
Thomas Meyer
Assistant Treasurer of Dickinson College
DICKINSON COLLEGE, :
Plaintiff :
JOEL C. SPINNEY, :
Defendant :
1N THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 03-3769
CIVIL ACTION-LAW
JURY TRIAL OF TWELVE DEMANDED
PRAECIPE TO SETTLE AND DISCONTINUE
TO THE PROTHONOTARY OF CUMBERLAND COUNTY:
Please mark the above captioned case settled and discontinued and issue a certificate
reflecting same.
MARTSON DEARDORI~ .WILLIAMS & OTTO
I. D. Number 87326
Ten East High Street
Carlisle, PA 17013
(717) 243-3341
Date: October 8, 2003 Attorneys for Plaintiff
CERTIFICATE OF SERVICE
I, Marti Iben, an authorized agent for Martson DeardorffWilliams & Otto, hereby certify that
a copy of the foregoing Praecipe was served this date by depositing same in the Post Office at
Carlisle, PA, first class mail, postage prepaid, addressed as follows:
Joel C. Spinney
Box 1346
450 CMR
APO AE 09705
MARTSON DEARDORFF WILLIAMS & OTTO
Marti Iben
Ten East High Street
Carlisle, PA 17013
(717) 243-3341
Dated: October 8, 2003