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HomeMy WebLinkAbout03-3946 F:\FILES\OA T AFlLE\Dicldosoo College 7619\DickiJUiooCoUegeCollcctioos76] 9C\Documcntl;\118_com ]!coy Created:5/13!03 ]:16:3.3 PM Revised: 7!30!0393S:52AM 7619C118 DICKINSON COLLEGE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. OJ - 3q~6 CIVIL ACTION-LAW WILLIAM C. WARREN, 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 MARTS ON DE ---- ~y Id R Galloway, Esquire J.D. Number 87326 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff Date: 7/36/03 DICKINSON COLLEGE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. g,.J -3Qc.f.1p CIVIL ACTION-LAW WILLIAM C. WARREN, Defendant JURY TRIAL OF TWELVE DEMANDED COMPLAINT AND NOW, comes Plaintiff Dickinson College by and through its attorneys, MARTSON DEARDORFF WILLIAMS & OTTO, and hereby avers as follows: I. 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 William C. Warren is an adult individual with a last known address of P.O. Box 77, McKnightstown, Pennsylvania 17343-0077. 3. On or about October 5, 1993, 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 June 6, 1994, Defendant entered into an additional Promissory Note- Federal Perkins Loan Program (Note #2) with Plaintifffor the financing of$1 ,000.00, plus interest and costs by Defendant on his own behalf, for educational services and benefits at Plaintiffs institution. A copy of Note #2 is attached hereto as Exhibit "B." 5. On or about September 15, 1994, Defendant entered into an additional Promissory Note - Federal Perkins Loan Program (Note #3) with Plaintifffor 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 #3 is attached hereto as Exhibit "C." 6. On or about October 6, 1995, Defendant entered into an additional Promissory Note- Federal Perkins Loan Program (Note #4) with Plaintiff for the financing of$3,000.00, plus interest and costs by Defendant on his own behalf, for educational services and benefits at Plaintiffs institution. A copy of Note #4 is attached hereto as Exhibit "D." 7. On or about March 4,1997, Defendant entered into an additional Promissory Note - Federal Perkins Loan Program (Note #5) 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 #5 is attached hereto as Exhibit "E." 8. Note #1, Note #2, Note #3, Note #4, and Note #5 are funds created under Part E of Title IV ofthe Higher Education Act of 1965 as amended, (hereinafter the "Act") and are subj ect to the Act and the Federal Regulations issued under the Act. 9. 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. 10. The total principal for Note #1, Note #2, Note #3, Note #4, and Note #5 IS $10,000.00. II. Note#l, Note #2, Note #3, Note #4, and Note #5 grantPlaintiffreasonablecollection and attorney's fees which Plaintiffhas calculated to be $1,500.00. 12. As of July 16, 2003, the principal and interest due and payable by Defendant to Plaintiff was $12,732.55, plus interest accruing thereafter at $1.37 per day. 13. As ofJuly 16,2003, the outstanding balance of$12,732.55 represents the total and actual overdue value of the financing provided to Defendant under Note #1, Note #2, Note #3, Note #4, and Note #5 for which Defendant has yet to pay. 14. Plaintiffhas fulfilled, performed and complied with all obligations and conditions of Note #1, Note #2, Note #3, Note #4, and Note #5. COUNT I BREACH OF CONTRACT 15. Plaintiff hereby incorporates by reference the averments contained in Paragraphs I through 14 of this Complaint. 16. Defendant breached the expressed and implied obligations, conditions and terms of agreement of Note #1, Note #2, Note #3, Note #4, and Note #5 by failing to pay the amounts financed therein. WHEREFORE, Plaintiff demands judgment against Defendant in the amount of$12, 732.55, plus interest accruing at $1.37 per day, collection and attorneys' fees in the amount of$1 ,500.00 and costs of suit. COUNT II IN QUANTUM MERUIT 17. Plaintiff hereby incorporates by reference the averments contained in Paragraphs I through 16 of this Complaint. 18. Having requested Plaintiffto loan money, and doing so to the benefit of Defendant, Defendant became liable to Plaintiff for said money. 19. Defendant has been unjustly enriched by accepting said money without paying Plaintiff reasonable compensation therefor. 20. As of July 16,2003, the total amount by which Defendant has become enriched is $12,732.55, plus interest in the amount of$1.37 per day from July 16,2003. WHEREFORE, Plaintiff demands judgment against Defendant William C. Warren in the amount of$12,732.55, plus interest in the amount of$1.37 per day from July 16,2003, collection and attorneys' fees in the amount of$I,500.00 and costs of suit. By I R Galloway J.D. Nwnber 87326 Ten East High Street Carlisle, PA 17013-3093 (717) 243-3341 Attorneys for Plaintiff Date: 7/3cJjo3 -09 Promissory Note-Federal Perkins Loan Program [Any bracketed clause or paragraph may be included at option of institution.]. . I, Wi 11 iam Wilrfpn , promise to pay to D1 ck 1 nson Co 11 eqe (hereinafter called the Institution), located at Car 1 i s 1 e. P A 17013 -2896 . the sum of the amounts that are advanced to me and endorsed in the Schedule of Advances set forth below. I promise to pay all reasonable collection costs, including attorney fees and other charges, necessary for the collection of any amount not paid when due. I further understand and agree that: J. General (1) ADolicable Law. All sums advanced under this Dote are drawn from a fund created under Part E of Title IV of the Higher Education Act of 1965, as amended (hereinafter called the Act), and are subject to the Act and the Federal regulations issued under the Act. The terms of this note shall be interpreted in accordance with the Act and Federal regulations, copies of which are to be kept by the Institution~ (2) Procedures for Receivin2 Deferment. Cancellation. or Forbearance. I understand that, to receive a deferment, cancellation, or forbearance, I must request the deferment, cancellation, or forbearance in writing from the Institution and must submit to the Institution any documentation required by the Institution to prove that I qualify for the deferment, cancellation, or forbearance. I further understand that, if I am eligible for deferment, cancellation, or forbearance under Articles VI through XIV, I am responsible for submitting the appropriate requests on time. I further understand that I may lose my deferment, cancellation, and forbearance benefits if I fail to file my request on time. n. Interest Interest shall accrue from the beginning of the repayment period and shall be at the ANNUAL PERCENTAGE RATE OF FIVE PERCENT (5%) on the unpaid balance, except that no interest shall accrue during any deferment period described in Article Vll. m. ReDavment (1) I promise to repay the principal and the interest that accrues on it to the Institution over a period beginning nine (9) months after the date I cease to be at leUt 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 Jater, unless that period is [shortened under paragraph ill(5), or) extended under paragraphs ill(4), ill(7) (extensions), Vll(l), or Vll(3) (deferments). (2) Upon my written request, the repayment period may start on a date earlier than tho one indicated in paragraph met). (3)(A) I promise to repay the principal and interest over the course of the repayment period in equal monthly, bimonthly, or quarterly installments, as determined by the Institution. I understand that, if my installment payment for all the loans made. to me by the Institution is not a multiple of $S. the Institution may round that payment to the next highest dollar amount that is a multiple of $S. (B) 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) Notwithstanding paragraph m(1), if I qualify as a low~income individual during the repayment period, the Institution, upon my written request, may extend the repayment period for up to an additional ten (10) years and may adjust any repayment schedule to reflect my income. [(5)(A) If the monthly rate that would be established under paragraph ID(1), or the total monthly repayment rate of principal and interest on all my Federal Perkins Loans, including this loan, is less than $40.00 per month, I shall repay the principal and interest on this loan at the rate of $40.00 per month (which includes hoth principal and interest). (5)(8) 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 established under subparagraph ill(5)(A) includes the amounts I owe on all my outstanding Federal Perkins Loans, including those received from other institutions. The portion of the $40.00 monthly payment that will be applied to this loan will be the difference between . $40..00 and the total of the amounts owed at a monthly rate on my other Federal Perkins Loans. (6) The .Institution may permit me to pay less than the rate of $40.00 per month for a period of not more than one (I) year where necessary to avoid hardship to me unless that action would extend the repayment period in paragraph m(1).] (7) The Institution may, upon my written request, reduce any scheduled repayments or extend the repayment period. indicated in paragraph ill(1), if, in its opinion, circumstances such as prolonged iUness or unemployment prevent me from making the scheduled repayments. However, interest shall continue to accrue. N. Preoavment (1) I may, at my option and without penalty, prepay all or any part of the principal, plus any accrued interest thereon, at any time. (2) Amounts I repay in the academic year in which the loan was made and the initial grace period has not ended will be used to reduce the amount of the loan and will not be considered a prepayment. (3) If I repay amounts during the academic year in which the loan was made and the initial grace period ended, only those amounts in excess of the amount due for any repayment period shall be considered a prepayment. (4) If, in an academic year other than the award year in which the loan was made, I repay more than the amount due for an installment, the excess will be used to repay principal unless I designate it as an advance payment of the next regular installment. V. Default (1) The Institution may. at it$ option, declare my loan to be in default and may demand immediate payment of the entire unpaid balance of the loan, including principal, interest, late charges, and collection costs, if-- (A) I do not make a scheduled payment when due under the repayment schedule established by the Institution; and (B) I do not submit to the Institution, on or before the date on which payment is due, documentation that I qualify for a deferment, cancellation, or forbearance as described in Articles VI, Vll, vm, IX, X, XI, XII, 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 EXHIBIT "A" Federal Perkins/July 1993 information. (3) I understand that, if I default on my loan, the Institution may disclose that I have defaulted, along with other relevant information, to credit bureau organizations. (4) Further I I understand that, if I default on my loan and the loan is assigned to the Secretary for collection, the Secretary may disclose that I bave defaulted, along with other relevant information, to credit bureau organizations. (5) I understand that, if I default on my loan, I will lose my right to forbearance. (6) I understand that, if I default 00 my loan, I will lose my right to defer repayments. m 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 VITI, IX, X, XI. XU. XIII, or XIV performed after the date the Institution accelerated the loan. (8) I understand that failure to pay this obligation under the terms agreed upon will prevent my obtaining additional student financial aid authorized under Title rv 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, 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 making a properly documented written request to the Institution, I may defer making scheduled installment payments and will not be liable for any interest that might otherwise accrue during the following periods: (A) For any period that I am- (i) Enrolled and in attendance as a regular student in at least a half-time course of study at an eligible institution; (ii) Enrolled and in attendance as a regular student in a course of study that is part of a graduate fellowship program approved by the Secretary; (iii) Engaged in graduate or post.graduate fellowship-supported study (such as a Fulbright grant) outside the United States; or (iv) Enrolled and in attendance in a course of study that is part of a rehabilitation training program for disabled individuals approved by the Secretary. (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 whicb- (i) I am seeking and unable to find full-time employment; or (ii) For any reason that my Institution determines bas caused or will cause me to have an economic hardship. (2) I understand thai 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 any interest that might otherwise accrue for a six (6) month period immediately following the expiration of any deferment provided in paragraph VU(I). vrn. Teachin2 Cancellation (I) I understand that, upon making a properly documented written request to the Institution, I am entitled to have up to 100 percent of the amount of this loan plus the interest thereon canceled if I perform qualifying service after the period for which I received the loan- (A) As a full-time teacher in a public or other nonprofit elementary or secondary school in the school district of a local educational agency that is eligible in such year of service for funds under Chapter 1 of the Education Consolidation and Improvement Act of 1981. as amended, and which has been designated by the Secretary (after consultation with each State Department of Education) in accordance with the provisions of section 465(a)(2) of the Act as a school with a high concentration of students from low.income families. An official Directory of designated low-income schools is published annually by the Secretary; (B) As a full-time special education teacher (including teachers of infants, toddlers, children. or youth with disabilities) in a pUblic or other nonprofit elementary or secondary school system, or as a full-time qualified profeSSional provider of early intervention services in a public or other nonprofit program under public supervision by the lead agency as authorized in section 676(b)(9) of the 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 amouot of the loan plus interest on the unpaid balance accruing during that year for each of the tirst and second complete academic years of that teaching servicej (B) 20 percent of the total principal amount of the loan plus interest on the unpaid balance accruing dUring that year for e8C.h 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. lX. Head Start Cancellation (I) 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/1uly 1993 (B) My salary is not more than the salary of a comparable employee of the local educational agency. (2) This loan will be canceled at the rate of IS percent of the total principal amount of the loan plus interest on the unpaid balance accruing during that year for each complete school year or equivalent period of service in a Head Start program. (3) Head Start is a preschool program carried out under the Head Start Act. X. Militarv Cancellation (1) I understand that, upon making a properly documented written request to the Institution, I am entitled to have up to SO percent of 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 bostilities Ibat qualifies for special pay under section 310 of Title 37 of Ibe United States Code. (2) This loan will be canceled at the rate of 12 In percent of the total principal amount of the loan plus interest on the unpaid balance accruing during that year for each complete year of such qualifying service after the period. for which I received the loan. XI. Volunteer Service Cancellation (1) I understand that, upon making a properly documented written request to the Institution, I am entitled to have up to 70 percent of the amount of this loan plus the interest thereon canceled if I perform qualifying service after the period for which I received the loa.n- (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) This loan will be canceled atlbe 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 tirst 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. f-aw Enforcement or Corrections Officer Cancellation (1) I understand that, upon making a properly documented written request to the Institution, I am. entitled to have up to 100 percent of the amount of this loan plus the interest thereon canceled if I perform qualifying service after the period for which I received the loan- (A) As a fullwtime law enforcement officer for service to an eligible local, State, or Federal law enforcement agency; or (B) AB a fullwtime corrections officer for service to an eligible local, State, or Federal corrections agency. (2) A portion of this loan will be canceled for each completed year of law enforcement or corrections service at the following rates: (A) IS percent of the total principal amount of the loan plus interest on the unpaid balance accruing duriDg that year for each of the first and second completo 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. XllI. Nurse or Medical Technician 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 nurse or medical technician providing health care services. (2) A portion of this loan will be canceled for each completed year of service at the following rates: (A) IS percent of the total principal amount of the loan plus interest on the unpaid balance accruing during that year for each of the first and second complete years of that service; (B) 20 percent of the total principal amount of the loan plus interest on the unpaid balance accruing during that year for each of the third and fourth complete years of that service; and (C) 30 percent of the total principal amount of the loan plus interest on the unpaid balance accruing during that year for the fifth complete year of that service. XIV. Child or Familv Service Aeency Cancellation (1) I understand that, upon making a properly documented written request to the Institution, I am entitled to have up to 100 percent of the amount of this loan plus interest thereon canceled if I perform qualifying service after the period for which I received the loan as a full-time employee of an eligible public or private nonprofit child or family service agency who is providing, or supervising the provision of, services to high.risk children who are from low-income communities and the families of such children.. (2) A portion of this loan will be canceled for each completed year of service at the following rates: (A) IS percent of the total principal amount of the loan plus interest on the unpaid balance accruing during that year for each of the first and second complete years of that service; (B) 20 percent of the total principal amount of the loan plus interest on the unpaid balance accruing during that year for each of the third and fourth complete years of that service; and (C) 30 percent of the total principal amount of the loan plus interest on the unpaid balance accruing during that year for the fifth complete year of that service. XV. Death and Disability Cancellation (1) In the event of my death, the total amount owed on this loan will be canceled. (2) If I become permanently and totally disabled after I receive this loan, the Institution will cancel the total amount of this loan. XVI. Chan2c in Name. Address. TeleDhone Number. or Social Security Number I am responsible for tnforming the Institution of any change or change.s in name, address, telephone number, or Social Security number. Page 3 of 4 Federal Perkins/July 1993 x VII. Late Chare:e (1) The Institution will impose a.late charge if- (A) I do not make a scbeduled payment when it is due;'and (8) I do not submit to the Institution, 00 or before the date on which payment i. due, documentation that I qualify for a deferment, cancellation, or forbearance as described in Articles VI, vn, VUI, IX, X, XI, xn, XIll, or XIV of this agreement. (2) No charge may exceed 20 percent of my monthly, bimonthly, or quarterly payment. (3)(A) The Institution may- (i) Add the late charge to the principal the day after the scheduled repayment was due; or (ii) Ioclude it with the next scheduled repayment after I have received notice of the late charge. (8) If the Institution elects to add the late charge to the outstanding principal of the loan, it must so inform me before the due date of the next installment. xvm. Asshmment (I) This note may be assigned by the Institution only 10- (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) The provisions of this Dote 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 Institution that made this loan; my recovery is limited to the amount I repaid on this loan. XIX. Prior Loans J hereby certify that I bave listed below all of the Federal Perkins Loans I have obtained at other institutions. (If no prior loans have been received, state .None. If) FEDERAL PERKINS LOANS AT OTHER INSTITUTIONS Amount Date lnstitution I 2 3 4 XX. Schedule of Advances The following amounts were advanced to me under this loan agreement on the dates indicated: 1 $t;~~t.OO 8/1~;~3 Jj:e~,~o$;"/7 d~ ; $1,000.00 1/12/94 ~am/7N-''''~ Jr 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 S~d a sealed~'nsA nt.] Signature ,~177 / Vr'~/7 /i ( DateLL' 0 y-', 5 ;19.11i (j [(seal)] Permanent Addre,ss (Street or Box Number, City, State, and :iP C~~ L ,;zc;- tl1(,/n 1!8W hi';f, )J!r:f3yh{:.Z')f.~)P1 Social Security Number (borrower must provide) I?/- X - 61:2'6 g /) ?1f3 Tbe borrower and Institution sball 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.I087dd) Page 4 of 4 Federal Perkins/July 1993 PERKINS (NDSL) TRUTH-IN-LENDING STATEMENT DICKINSON COLLEGE Account Number 00273-000-00-2770-09 Name of Borrower William C. Warren Address 25 lincolnview Dr. McKnightstown, PA 17343 ANNUAl. PERCENTAGE RAn: AMOUNT FINANCED The cost of your credit as a yearly rate. The aIIlCunt of credit provided to you. Prior to repayment During repayment o % 5 % $ 2,000.00 I Itemization of the Amou~t Financed: $ 2,000.00 Amount given directly to you. I Late Charge: If a payment is late, you may be charged: $1.00 for the first late payment, and $2.00 for each subsequent late payment if this loan is payable monthly, $3.00 for each late payment if this loan is payable bimonthly, $6.00 for each late payment if this lpan is payable quarterly. Prepayment: If you pay' off early, you will !!2.!:. have to pay a penalty. See your promissory note for any additional information about nonpayment, de- fault, any required repayment in full before the scheduled date, and pre- payment. THE BORROWER ACKNOWLEDGES RECEIPT OF AN EXACT COpy OF THIS STATEMENT. STUDENT It $ BORROWER //!(,,f(/1J.4":t/("/7 i/1<: i , INSTITUTIONAl. REPRESENTATIVE (5~Y--J /0/S/9'3 DATE -09 Promissory Note-Federal Perkins Loan Prol!ram [Any bIWkded claul.e or, paragraph may be included at option of institution.]. . I Wllliam L. warren ,promisetopayto Dlcklnson Colleqe (hereinafter called the Instltution),located at Carl isle. PA 17013-2896 ,the sum of the amounts that are advanced to me and endorsed in the Schedule of Advances set forth below. I promise to pay all reasonable collection costs, including attorney fees and other charges, necessary for the collection of any amount Dot paid when due. I further understand and agree that: I.~ (1) Aoolicable Law. All sums advanced under this note are drawn from a fund created under Part E of Title rv of the Higher Education Act of 1965, as amended (hereinafter called lbe Act), and are subject to the Act and the Federal regulationa issued under the Act. The term. of thi. note .ball be interpreted in accordance wilb lbe Act and Federal regulations, copies of whicb are to be kept by lbe Institution: (2) Procedures for Receivinll Defennent. Cancellation. or Forbearance. I understand that, to receive a deferment, cancellation, or forbearance, I must request the deferment, cancellation, or forbearance in writing from the Institution and must submit to the InstitutiOD 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. n. Interest Intere.t sball accrue from lbe beginning of lbe repayment period and shall be at lbe ANNUAL PERCENTAGE RATE OF FIVE PERCENT (5%) on the unpaid balance, except that no interest shall accrue during any deferment period described in Article.VU. m. Reoavment (1) I promise to repay the principal and the interest that accrues on it to the Institution over a period beginning nine (9) months after the date I cease to be at leUt a half-time regular student at an institution of higher education, or at a comparable institution outside the United States approved for this purpose by the United States Secretary of Education (hereinafter called the Secretary), and ending ten (10) years later, unlesa lbat period i. [shortened under paragrapb m(S), or) extended under paragrapbs m(4), m(7) (extensiona), Vll(l), or Vll(3) (defermeDts). (2) Upon my written request, lbe repaymeDt period may start on a date earlier than the one indicated in paragrapb m(l). (3)(A) I promise to repay the principal and interest over the course of the repaymeot period in equal monthly, bimonthly, or quarterly installmenu, as determined by the Institution. I understand that, if my installment payment for all the loans made to me by the InstitutioD is not a multiple of $5, the Institution may round that payment to the next highest dollar amount that is a muitiple of $S. (B) Notwithstanding paragraph m(3)(A), upon my written request, repayment may be made in graduated installments in accordance with a scbedule approved by the Secretary. (4) Notwithstanding paragraph m(l), if I qualify as a low-income individual during the repayment period, the Institution, upon my written request, may extend the repayment period for up to an additional ten (10) years and may adjust any repayment schedule to reflect my income. [(5)(A) If Ibe mODlbly rate lbat would be established under parallrapb ill(I), or lbe total monlbly repayment rate of principal and interest OD all my Federal Perkina Loans, including Ibi. loan, is Ie.. than $40.00 per month, I shall repay lbe principal and intere.t on thi. loan at Ibe rate of $40.00 per monlb (wbicb include. bolb principal and interest). (S)(B) If I bave received Federal Perkina Loans from other institutiona and lbe total monlbly repayment rate on those loans i. Ie.. lban $40.00 Ibe $40.00 montbly payment established under subparagrapb m(S)(A) includes the amounu I owe on all my outstanding Federal Perkina Loans, including lbose received from olber institutions. The portion of the $40.00 monlbly payment that will be applied to Ibis loan will be lbe difference between $40 . 00 and Ibe total of lbe amounts owed at a monthly rate on my other Federal Perkina Loans. (6) The .lnstitution may permit me to pay Ie.. lban lbe rate of $40.00 per month for a period of not more lban ODe (1) year where necessary to avoid hardship to me unless that action would extend the repayment period in paragraph m(1).] m 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 repaymeou. 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) Amounu I repay in the academic year in which the loan was made and the initial crace period has not ended will be used to reduce the amount of the loan and will not be considered a prepayment. (3) If I repay amounts during the academic year in which the loan was made and the initial grace period ended, only those amounts in excess of the amount due for any repayment period shall be considered a prepayment. (4) If, in an academic year other than the award year in which the loan was made, I repay more than the amount due for an installment, the excess will be used to repay principal unless I designate it as an advance payment of the next regular installment. V. Default (1) The Institution may, at its option, declare my loan to be in default and may demand immediate payment of the entire unpaid balance of the loan, including principal, interest, late charges, and collection costs, jf.- (A) I do not make a scheduled payment when due under the repayment schedule established by the Institution; and (B) I do not submit. to the Institution, on or before the date on which payment is due, documentation that I qualify for a deferment, cancellation, or forbearance as described in Articles VI, VII, vm, IX, X, XI, XII, XTII, 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 "B" Federal Perkins/July 1993 information. (3) I understand that, if I default on my loan. the Institut~on may qisclose that I have defaulted. along with other relevant information. to credit bureau organizations. (4) Further. I understand that, if I default on my loan and the loan is assigned to the Secretary for collection. the Secretary may disclose that I have defaulted. along with other relevant information. to credit bureau organizations. (5) I understand that, if I default on my loan. I will lose my right to forbearance. (6) I understand thai, if I default on my loan, I will lose my right to defer repayments. (1) I understand 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 vm, IX, X, XI, XU. 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 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. if- (A) My debt burden equals or exceeds 20 percent of my gross income; or . (B) The Institution determines thai 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 liable for any interest that might otherwise accrue during the following periods: , (A) For any period that I am- (i) Enrolled and in attendance 81 a regular student in at least a half.time COUTse of study at an eligible institution; (ii) Enrolled and in attendance as a regular student in a course of study that is part of a graduate fellowship program approved by the Secretary; (iii) Engaged in graduate or post-graduate fellowship-supported study (such as a Fulbright grant) outside the United States; or (iv) Enrolled and in attendance in a course of study that is part of a rehabilitation training program for disabled individuals approved by the Secretary. (8) For auy period that I am engaged in service described in Articles VID, IX, X, XI, XU. XIII. or XIV of this agreement. (C) For a period not to exceed three (3) years during which- (i) I am seeking and unable to find full-time employment; or (ii) For &DY reuon that my Institution determines has caused or will cause me to have an economic hardship. (2) I understand that I am not eligihle for a deferment under paragraph (VII)(I)(A) while I am-serving in a medical internship or residency program. (3) I understand thai I may continue to defer malcinc scheduled installment payments and will not be liable for any interest thai mi&ht otherwise accnle for a six (6) month period immediately following the expiration of any deferment provided in paragraph Vll(l). vm. T eachin. Cancellation (1) I understand that, upon making a properly documented written request to the Institution. I am entitled to have up to 100 percent of the amount of this loan plus the interest thereon canceled if I perform qualifying service after the period for which I received the loan- (A) As a full.time teacher in a public or other nonprofit elementary or secondary school in the school district of a local educational agency that is eligible in such year of service for funds under Chapter 1 of the Education Consolidation and Improvement Act of 1981, u amended, and which has been designated by the Secretary (after consultation with each State Department of Education) in accordance with the provisions of section 465(a)(2) of the Act as a school with a high concentration of students from low.income families. An official Directory of designated low-income schools is published annually by the Secretary; (B) As a full.time special education teacher (including teachers of infants, toddlers, children, or youth with disabilities) in a public or other nonprofit elementary or secondary school system, or as a full.time qualified professional provider of early intervention services in a public or other nonprofit program under public supervision by the lead agency as authorized in section 676(b)(9) of the 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 eacb of the first and second complete academic years of that teaching service; (8) 20 percent of the total principal amount of the loan plus interest on the unpaid balance accruing during that year for each of the third and fourth complete 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 (ll) 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 Stan is a preschool program carried out under the Head Start Act. X. l>filitarV 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 amouDt of this loan plus the interest thereon canceled if I serve as a mem.ber 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 halance accruing during that year for ...h complete year of such qualifying service after the period for which I received the loan. XI. Volunteer Service Cancellatiog (1) 1 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 tho interest thereon canceled if I perform. qualifying service after the period for which I received the loau.- (A) As a "olunteer uDder the Peace Corps Act; or (ll) 1.0 a volunteer under the Domestic Volunteer Service Act of 1913 (ACTION programs). (2) This loan will be canceled at the following rates: (A) 15 percent of the total principal amount of the loan plus interest on the unpaid balance acCIUing dUring that year for _h of tho first and second twelve (12) month periodl of volunteer service completed; and (B) 20 percent of the total priDcipal amount of the loan plus interest on the unpaid balance accruing during that year for each of the third aDd fourth twelve (12) month periods of volunteer service completed. XII. Law Enforcement or CorreetiQllS Officer Cancellation (1) I understand that, upon malcing a properly documented written request to the Institution, I am entitled to have up to 100 percent of the amount of this loan plus the interest thereon canceled if I perform qualifying service after the period for which I received the loan- (A) As a full-time law enforcement officer for service to an eligible local, State, or Federal law enforcement agency; or (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 Jaw enforcement or corrections service at the following rates: (A) IS percent of the total principal amount of the loan plus interest OD the unpaid balance accruing dUring that year for each of the first and secoDd 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 aDd fourth complete years of that service; and (C) 30 percent of the total principal amount of the l~ plus interest on the unpaid balance accruing during that year for the fifth complete year of that lervice. XIII. Nurse Or Medical Technician 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 thil loan plul the interest thereon canceled if I perform qualifying service after the period for which I received the loan as a full-time nune or medical teChnician providin& bealth care services. (2) A portion of this loan will be canceled for each completed year of service at the following rates: (A) IS percent of the total principal amount of the loan plus interest nn the unpaid balance accruing during that year for ...h of the first and second complete years of that service; (ll) 20 percent of the total principal amount of the loan plus interest on the unpaid balance accruing during that year for each of tho third and fourth complete years of that service; and " (C) 30 percent of the total principal amount of the loan plus interest 00. the unpaid balance accruing during that year for the ~ complete year of that service. . XIV. Child or Familv Service Aeency Cancellation ,i<" (1) I understand that, upon making a properly documented wriuen request to the Institution, I am entitled to have up to 100 pereebtof the amount of this loan plus intereat thereon canceled if I perform qualifyin& service after the period for which I received the loan as a full-time employee of an eligible public or private nonprofit child or family service agency who is providing, or supervising the provision of, servic.el;O 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 _h completed year of service at the following rates: ,. , (A) IS percent of the total principal amount of the loan plus interest on the unpaid haIince accruing during that year for each of the first and . ~ second complete years of that servlce; oJ-; (ll) 20 percent of the total principal amount of the loan plus interest on the unpaid balance accruing during that year for each of tho third and fourth complete yearl of that service; and (C) 30 percent of the total principal amount of the loan plus interest on the unpaid balance accruing during that year for the fifth complete year of that service. XV. Death and Disability Cancellation (I) 10 the event of my death, the total amount owed on this loan will be canceled. (2) If I become permanently and totally disabled after I receive this loan, the Institution will cancel the total amount of this loan. XVI. ChanlZCl in Name~ Address~ TeleDbone 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 Perkinslluly 1993 XVII. Late Chanle (1) The Institution will impose a.late charge if- (A) I do not make a scheduled payment when it i. due; and (8) I do Dot IUbmit to the IDItitutioD, on or before the date on which payment i. due, documentation that I qualify for a deferment, cancellation, or forbearance u described in Article. VI, vn, vm, IX, X, XI, XU, XIII, or XIV of this agreement. (2) No cbarge may e.ceed 20 percent of my monthly, bimonthly, or quarterly payment. (3)(A) The Institution may- (i) Add the late cbarge to the principal the day after the scheduled repayment was due; or (ii) Include it with the ne.t scheduled repayment after I have received notice of the late charge. (B) If the Institution elects to add the late charge to the outstanding principal of the loan, it must so inform me before the due dale of the next installment. XVIn. Assilr:nment (I) This I1Ote...ay be assigned by the Institution only to- (A) The United States; (8) Another institution upon my transfer to that institution if that institution is participating in this program; or (C) Another iDstitution approved by the Secretary. (2) The 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 Institution that made this loan; my recovery is limited to the amount I repaid on this loan. XIX. Prior Loans I bereby certify that I bave listed below all of the Federal Perkins Loans I bave obtained at other institutions. (If DO prior loans have been received, state -None. -) FEDERAL PERKINS LOANS AT OTHER INSTITUTIONS Amount Date Institution I 2 3 4 XX. Schedule of Advances The following amounts were advanced to me UDder this Joan agreement on the elates indicated: Amount Date V ~)rre of Bo7r ~ $1.000.00 6/3/94 ^ j-'/IjoM t ./f,,'ra, 3 4 NOTICE TO BORROWER: DO NOT SIGN THIS NOTE BEFORE YOU READ IT. I UNDERSrAND AND AGREE TO ALL OF THE FOREGOING TERMS AND CONDmONS. :~: )tftl:d7mejjJ~/f/l Date~,l,fn~ ,19" [(seal)] 'l?SAdL~Zt nrv.;~u~:v~~' smn2~1~fow() L.~' Social Security Number (borrower must provide) )( /7/,.. C;c., - 6/ '"L t n'<.43 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.I087dd) Page 4 of 4 Federal Perlcinslluly 1993 fJU~ 0 ~ '[j(jA PERKINS (NDSL) TRUTH-IN-LENDING STATEMENT DICKINSON COLLEGE Account Number 00273-000-00-2770-09 Name of Borrower Warren C. Warren Address 25 Lincolnview Drive McKnightstown, PA 17343 ANNUAL PERCENTAGE RAn: AMOUN'! FINANCED The cost of your credit as a yearly rate. The amount of credit provided to you. Prior to repayment During repayment o % 5 % $ 1,000.00 1 Itemization of the Amount Financed: $ 1,000.00 Amount given directly to you. I Late Charge: If a payment is late, you may be charged: $1.00 for the first late payment, and $2.00 for each subsequent late payment if this loan is payable monthly, $3.00 for each late payment if this loan is payable bimonthly, $6.00 for each late payment if this loan is payable quarterly. Prepayment: If you payoff early, you will ~ have to pay a penalty. See your promissory note for any additional information about nonpayment, de- fault, any required repayment in full before the scheduled date, and pre- payment. THE BORROWER ACKNOWLEDGES RECEI1'T OF AN EXACT COPY OF THIS STA'l'EMENT. STUDENT l'/l ! 1)/ BORROWER)( ,Itur'h . ,#tlf';ff) DATE't fA '& /9'-/ INSTITUTIONAL REPRESENTATIVE c5n~r (., /& /9'1 DATE -09 Promissory Note-Federal Perkins Loan Prollram [Any brac!cOted clause or p.!IJ"3graph may be included at option of instibltion.l. . 1, Wuliam C. Warren ~ ,promisetopayto D1CklnSOn ColleQe (hereinafter called the Institution), located at Car 1 i s 1 e. PA 17013-2896 . the sum of the amounts that are advanced to me and endorsed in the Schedule of Advances set forth below. I promise to pay all reasonable collection costs, including attorney fees and other charges, necessary for the collection of any amount not paid when due. 1 further understand and agree that: I.~ (1) Al>1llicable Law. All SUms advanced under this note are drawn from a fund created under Part E of Title IV of the Higher Education Act of 1965, as amended (hereinafter called the Act), and are subject to the Act and the Federal regulations issued under the Act. The terms of this note shall be interpreted in accordance with the Act and Federal regulations, copies of which are to be kept by the Institution~ (2) Procedures for Receivio2 Defennent. Cancellation. or Forbearance. I understand that, to receive a deferment, cancellation, or forbearance, I must request the deferment, cancellation, or forbearance in writing from the Institution and must submit to the InstitutiOD any documentation requ.ited 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. n. Interest Interest shall ,",crue from the beginning of the repayment period and sbaH be at the ANNUAL PERCENTAGE RATE OF FlVE PERCENT (S~) on the unpaid balance, except that DO interest shall accrue duriog any deferment period described in Article vn. m. Renavment (1) I promise to repay the principal and the interest that accrues on it to the Institution over a period beginning Dine (9) months after the date I cease to be at lUst a half~time regular student at an institution of higher education, or at a comparable institution outside the United States approved for this purpose by the United States Secretary of Education (hereinafter called the Secretary), and endin& ten (10) years later, unless that period is [shortened under paragraph ID(5), or] extended under paragrapbs ID(4), ID(7) (exlensions), 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 paragraph ID(l). (3)(A) 1 promise to repay the principal and interest over the course of the repayment period in equal monthly, bimonthly, or quarterly installments, as determined by the Institution. I understand that, if my installment payment for all the loans made to me by the Institution is not a multiple of $S, the InstitutiOQ may round that payment to the next highest dollar amount that is a multiple of $5. (8) 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) Notwithstanding para&raph m(l), if I qualify as a low~income individual during the repayment period, the Institution, upon my written request, may extend the repayment period for up to an additional ten (10) years and may adjust any repayment schedule to reflect my incom.e. [(5)(A) If the monthly rate that would be established under paragrapb ID(l), or the total monthly repayment rate of principal and interest on all my Federal Perkins Loans, including this loan, is Ie.. than $40.00 per month, 1 shall repay the principal and interest on this loan at the rate of $40.00 per month (which includes 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 lell than $40.00 the $40.00 monthly payment established under subparagraph ID(5)(A) includes the amounla I owe on all my outstanding Federal Perkins Loans, including those received from other instimtions. 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 .Instimtion may permit me to pay Ie.. than the rate of $40.00 per month for a period of not more than one (1) year where necessary to avoid hardship to me unless that action would extend the repayment period in paragraph m(l}.] (1) The Institution may, upon my written request, reduce any scheduled repayments or extend the repayment period indicated in paragraph m(1), if, in its opinioD, circumstances such as prolonged iIloess or unemployment prevent me from making the acheduled repayments. However, interest shall continue to accrue. IV. PreDavOlent (1) I may, at m.y 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 uaed 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 Joan was made and the initial grace period ended, only those amounts in excess of the amount due for any repayment period shall be considered a prepayment. (4) If, in an academic year other than the award year in which the loan was made, I repay more than the amount due for an installment, the excess will be used to repay principal unless I designate it as an advance payment of the next regular installment. V. Default (1) The Institution may, at its option, declare my loan to be in default and may demand immediate payment of the entire unpaid balance of the loan, including principal, interest, late charges, and collection costs, if~- (A) I do not make a scheduled payment when due under the repayment schedule established by the Institution; and (8) I do not submiuo the Institution, on or before the date on which payment is due, documentation that I qualify for a deferment, cancellation, or forbearance as described in Articles VI, VII, VIll, lX, X, Xl, xn, 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 I of 4 Federal Perkins/July 1993 EXHIBIT "e" 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 organizatio.DJ. ' . (4) Further, I understand that, jf I default on my 10<\0 and the loan is assigned to the Secretary for collection. the Secretary may disclose that I have defaulted, along with other relevant information, to credit bureau organizations. (5) I understand that, if I default 00 my loan, I will lose my right to forbearance. (6) I understand that, if I default on my loan, I will lose my right to defer repayments. (T) [understand that, if the lIlstitution accelerates the loan under paragraph V(l), I will lose my right to receive a cancellation of a portion of my loan for any service described in Articles vm:, IX, 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 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 (I) I understand that, upon making a properly documented written request to the Institution, I am entitled to be granted forbearance of principal and interest or principal only, renewable at 12-month intervals, for a period Dot to exceed three years, if- (A) My debt burden equals or exceeds 20 percent of my gross incomej or (B) The Institution determines that I qualify for other reasons. VIT. 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 liable for any interest that might otherwise accrue during the following periods: (A) For any period that I am- (i) Enrolled aod in attendance 81 a regular student in at least a haJf.time course 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 fellowsbip program approved by the Secretaryj (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 vm, IX, X, XI, XU, xm, or XIV of this agreement. (C) For a period not to exceed three (3) years during wbicb- (i) I am seeking and unable to find full.time employment; or (ii) For any reason that my Institution determines baa caused or will cause me to have an economic hardship. (2) I understand that I am not eligible for a deferment under paragraph (VII)(I)(A) while I am;serving in a medical internship or residency program. (3) I understud that I may continue to defer making scheduled installment payments and will not be liable for any interest that might otherwise accrue for a six (6) month period immediately following the expiration of any deferment provided in paragraph Vll(I). vnI. Teacbimr: Cancellation (1) I undeTltaDd 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 plu. the interest thereon canceled if I perform qualifying service after the period for which I received the loan- (A) As a nlll.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 Cbapter 1 of the Education Consolidation and Improvement Act of 1981, u amended, and which has been designated by the Secretary (after consultation with each State Department of Education) in accordance with the provisioDJ 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; (8) Asa full.time special education teacher (including teachers of infants, toddlers, children, or youth with disabilities) in a public or other nonprofit elementary or secondary school system, or as a full.time qualified professional provider of early intervention services in a public or other nonprofit program under public supervision by the lead agency as authorized in section 676(b)(9) of the Indlviduals 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 i. determined by the Slate Department of Education to bave a shortage of qualified teacbers. (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 teachinC servicej (B) 20 percent of the total principal amount of the loan plus interest on the unpaid balance accruing during that year for eac,h 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. lX. 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/luly 1993 (B) My salary is Dot 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 balaoce accruing during that year for each complete scbool year or equivalent period of service in a Head Start program. (3) Head Start is a preschool program carried out under the Head Start Act. X. Militarv CanceUation (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 wiU be canceled at the rale of 12 1/2 perceot 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 CanceUation (1) I understand that, upon making a properly documented written request to the IostitutiOD, I am entitled to have up to 70 percent of the amounl of this loan plus the interest thereon canceled if I perform qualifying service after'the period for which I received the loan- (A) M a volunteer under the Peace Corps Act; or (B) Ao a volunteer uoder the Domestic Volunteer Service Act of 1973 (ACTION programs). (2) This loan will be canceled at the foUowing rates' (A) IS percent of the total principal amount of the loan plus interest OD the unpaid balance accruing during that year for each of the first and second twelve (l2) 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. XD. Law Enforcement or Corrections Officer Cancellation (1) I understand that, upon making a properly documented written request to the Institution, I am entitled. to have up to 100 percent of the amount of this loan pllUl 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 acellCY; or (B) M a full-time corrections officer for service to an eli&ible local, State, or Federal corrections agency. (2) A portion of this loan will be canceled for each completed year of law enforcement or corrections service at the following rates: (A) IS percent of the total principal amount of the loan plus interest 00 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 durine that year for each of the third and fourth complete yean of that service; and (C) 30 percenl 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. xnI. Nurse or Medical Technician 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 1 received the loan as a full-time nune 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 duriDg that year for each of the first and second complete years of that service; (B) 20 percent of the total principal amnunt of the loan plus intere.. 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 A.encv CanceUatioD (l) 1 understand that, upon making a properly documented written request to the Institution, I am entitled to have up to 100 percent of the amount of this loan plus interest thereon canceled if I perform qualifyin& service after the period for which 1 received the loan as a full-time employee of an eligible public or private nonprofit child or family service agency who is providing. or supervising the provision of, servicel 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 foUowing rates, (A) IS percenl of the total principal amnunt of the loan plus iDterest on the unpaid balance accruing during that year for each of the first and second complete years of that service; (B) 20 percent of the total principal amount of the loan plus interest on the unpaid balance accruing during that year for each of the third and fourth complete years of that service; and (C) 30 percent of the total principal amount of the loan plus interest on the unpaid balance accruing during that year for the fifth complete year of that service. XV. Death and Disability Cancellation (1) In the event of my death. the total amount owed on this loan will be canceled. (2) If I become permanently and totally disabled after I receive this loan. the Institution will cancel the total amount of this loan. XVI. Cbane:e in NlIime. Address. Teleohone Number. or Social Security Number I am responsible for informing the Institution of any change or change.s in name, address, telephone number, or Social Security number. Page 3 of 4 Federal PerkioslJuly 1993 xvn. Late CharlZe (1) The Institution will imPOIe a- late cbarge if- (A) I do not make a scheduled payment when it iJ due; and (B) I do not IUbmit to the Institution, on or before the date on whicb payment i. due, documentation that I qualify for a deferment, cancellation, or forbearauce u described in Articles VI, vn, vm, IX, X, XI, xn, XIII, or XIV of this agreement. (2) No charge may exceed 20 percent of my monthly. bimonthly, or quarterly payment. (3)(A) The lDstitution may- (i) Add the late cbarge to the principal the day after the scbeduled repayment was due; or (ii) Include it with the next scbeduled repayment after I bave received notice of lbe late cbarge. (5) If the lDstitution elects to add the late cbarge to the outstanding principal of lbe loan, it must so inform me before the due date of the next installment. XYm. Assillnment (I) This note may be assigned by the Institution only lO- (A) The United States; (8) Another institution upon my transfer to that institution jf that institution is participating in this program; or (C) Another institution approved by the Secretary. (2) Tbe provisions of this nole that relate to the Institution shall, wbere appropriate, relate to an assignee. (3) Any bolder of this loau is su5ject to all claims and defenses that I could assert against the Institution that made this loan; my recovery is limited to the amouot I repaid 00 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 Amount Date Institution 1 2 3 4 XX. $chedule of Advances The following amounts were advanced to me under this Joan agreement on the dates indicated: Amount Date {;D8tureOi:LBO wer I $1,nnn nn 8/30/94 .' ;: ~ $1.nnn nn , /74/95 ,\r1l/ 1;('1 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. :;::e1:; a ?el;~') r(~a1)) Date q;; )%tf . 19!J!:L Permanent Address (Street or Box Number, City. State, and Zip Code) l :)c, tdn Wc,v UVf, IflntlffJl1lrJ I &. . /'0f~ Social Security Number (borrower must provide) '/7/ -~ -G/% 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.I087dd) Page 4 of4 Federal Perkins/July 1993 PERKINS (NDSL) TRUTH-IN-LENDING STATEMENT DICKINSON COLLEGE Account Number 00273-000-00-2770-09 Name of Borrower William C. Warren Address P.O. Box 77 McKnightstown PA 17343 ANNUAL PERCENTAGE RATE AMOUN'I FINAN CED The cost of your credit as a yearly rate. The amount of credit provided to you. Prior to repayment During re;>ayment o % 5 % $ 2,000.00 I Itemization of the Amount Financed: $ 2,000.00 Amount given directly to you. I Late Charge: If a payment is late, you may be charged: $1.00 for the first late payment, and $2.00 for each subsequent late payment if this loan is payable monthly, $3.00 for each late payment if this loan is payable bimonthly, $6.00 for each late payment if this loan is payable quarterly. Pre;>ayment: If you payoff early, you ~ill ~ have to pay a penalty. See your promissory note for any additional information about nonpayment, de- fault, any required repayment in full before the scheduled date, and pre- payment. TIlE BORROWER AClGWWLEDGES RECEIPT OF AN EXACT COPY OF THIS STATEMENT. STUDENT ~' f/J /) /iI BORROWER Vl,ff~, /~/jl/J DATE Z/,;l1ij INSTITlITrONAL REPRES ENTA1'IVE ~Jft4 0/1S-/'i! DATE 00273-000-00-2770-09 -09 Promissorv Note-Federal Perkins Loan Prol!ram [ADy braclceted c_ or paragraph may be included at option of institution.l. I. William Char~s ~{arren 'rromiato pay to Dlckinson ColleCle (hereinafter called the Institution),localed at Carll s le. PA 170 3-2896 . the sum of the amOUnts thaure edvaneed to me and eodoned in the Schedule of AdVllllC.. set forth below. I promise to pay all reasonable coDection costs, iDeluding attorney f_ and other charg.., neeeuary for the collection of any amouDt Dot paid when due. I further uoderstand and agree that: I. QmlmI (1) ",uulicable Law. A111UDl1 edvaneed uoder this note are draWll from a fund created under Pan E of Title IV of the Hiper Education Act of 1965, ... amended (hereinafter called the Act), and are subject to the Act and the Federal reguletions i_ under the Act.. ne terms of this IIOte shall be interpreted in accordance with the Act and Federal regulations, copies of which are to be kept by the Institution. (2) I'rocedures for Receivin. Deferment. Cancellation. or Forb_ce. I uoderstaDd that, to receive a deferment, canceUalion. or forbearance, I mUll request the deferment, cancellation, or forbearance in writiq from the IDstitutiOD and mUll IUbmit to the In.sti.mtiolluy documentation required by the Institution to prove that I qualify for the deferment, caneeDation, or forbearaD<>e. I fiutIIer undentand that, if I am eligible for deferment, canceDation, or forbearance under Articles VI throup XIV, I am responsible for submittina the opproprille requeoll 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!mI! Interest shall accrue from the beginning of the repayment period and shall be at the ANNUAL PERCENTAGE RATE OF F1VE PERCENI' (5") on the unpaid balance, except that no interest shall accrue during any deferment period described in Article vn. m. Renavment (I) I promise to repay the principal and the interest that accrues on it to the Institution over a period begiJmilll nine (9) month. after the dlIl8 I c.... to be at least a balf-time regular student at an institution of higher education, or at a comparable institution outside the United S_. approved for this pulpOIO by the United StaleS Secretary of Education (hereinafter called the Secretary), and endin& ten (10) yean later, ...... that period is [shortened uDder paracraph mIs), orl extended under paragraphs III(4). m(7) (exlelllioaa), VD(l). or VII(:l) (deferments). (2) Upon my written request, the repayment period may Ilart on a date earlier thaD the one indicated in ponadph W(I). (3)(A) I pIOIIIioe to repay the principal and interest over the course of the repayment period in equa1 mollthly, bimOlllhly, or quarterly installments, u determined by the Institution. I understand that, if my iDstaIlment payment for all the loans made to me by the Institution ia IIOt a multiple ofSS, the Institution may round that payment to the next highest dollar amount that is a multip.e of SS, (8) NotwithllaDllin& paragraph m(3)(A), upon my written request, repayment may be made in graduated installments in accordance with a schedule opproved by the Secretary. (4) NotwithllaUding paragraph W(I), if I qualify u a low-iDeome indivic1ua1 during the repaymelll period, the Institution, upon my written request, mayexteDd the repayment period for up to an edditional ten (10) y...... and may edjuat any repayment schedule to reflect my iDeome. ((S)(A) If the monthly rate that would be ......Iished under paragraph m(l), or the tota1 monthly repayment rate of principal and interest on 011 my Federal Perkins Loans, iDeluc1in& this loan, is Ie.. than $40 . 00 per month, 1 shaI1 repay the principal and interest on this loan It the rate of $40.00 per month (which includ.. both principal and interest). (S)(B) If I bave received Federal Perkins Loans from other institutions and the total tDollthly repayment rate on Ib_ 10anI ia .... than $40.00 the $40.00 monthly payment eatablilhed under subpuagraph ID(S)(A) includea the -mounts I _ on 011 my ou__ing Fec1eral Perkins Loans, iDeludiug th_ received from other institutiona. ne portion of the $40.00 monthly payment that will be applied to this loan will be the difference between $40.00 and Ibe tota1 of the amounts owed at a mOlllhly rate on my other Federal Perkins Loans. (6) The .lnstitution may permit me 10 pay I... thaD the rate of $40 . 00 per month for a period of not more thaD one (I) year where neeeaury to avoid hardohip to me unle.. that action would exteod the repayment period in paragraph W(l).) (T) The Institution may, upon my written request, reduce any scheduled repayments Or extend lb. repayment period indicated in paragrapb W(l), if, in its opinion, circumstances such u prolODged i1111C11 or unemployment prevent me from making the schec1uled repayments. However, illterest Iball continue to accrue. IV. PreDa.vment (I) I may, at my option and without penalty, prepay all or any part of the principal, pi.. any accrued interest thereon, at any time. (2) Amounts I repay in the acaclemic year in which the loan wu made and the initial grace period hu not ended will be uoec1 to reduce the amount of the loan and will not be considered a prepayment. (3) If I repay amounts during the acedemic year in which the loan wu mac1e and the initial grace period ended, only th_ amounts in e..... of the amount due for allY repayment period shall be considered a prepaymellL (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 lID installment, the exc... will be uoec1 to repay principal unl... 1 desiguate it as an edvance payment of the next regular insta11ment. V.~ (1) The IDstirution may, at its optiOD. declare my loan to be in default and may demand immediate payment of the entire unpaid baJaDCe of the loan, includiD& 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) 140 DOt submit to the lDstitutiOD, on or before the date on which payment is due, documentation that I qualify for a deferment, caneellation, or forbearance as described in Articles VI, VD, vrn, IX, X, XI, xn, xrn, or XIV of this agreement. (2) I undentaDd that the lDstiNtiOD. may disclose to credit bureau organizations the amount of loans made 10 me, alODg with olber relevant P'Wl1 of 4 EXHIBIT "D" Federal Perkins/July 1993 information. (3) I underltaDd dlat, if I default on my loan. the InstitutioD may disclose that I bave defaulted, along with other relevant informatioD, to credit bureau organizations. (4) Further, I understand that, if J defauJt on my loan and the loan is assigned to the Secretary for collection, the Secretary may disclose that I bave defaulted, aloog with other relevant information, to credit bureau organizations. (5) I uaderstand that, if I default 00 my loao, I will lose my right Co forbearaDce. (6) I uoderstand that, if I default 00 my loao, I will lose my right Co defer repaymeors. m I uaderstand that, if the Wtitulioo accelerates the loao uoder paragraph V(I), I will lose my right Co receive a cancellalioo of a portioo of my loau for any Jervice deacribed in Article. VIII, IX, X, XI. XII, xm, or XIV performed after the date the Institution accelerated the loan. (8) I uaderlland that failure Co pay this obligatioo uoder the term. agreed upoo will prevent my obtaioiog addiliooaJ student fioaocial aid authorized uocler Title IV of lbe Hieber Education Act of 1965, as amended, until I bave made arraagements that are satisfactory to the IDstitution or the Secretary regarding the repayment of the loan. VI. ForbeAnlDce (1) I undentand that, upon making a properly documented written request to the IDstitution. I am entitled to be granted forbearance of principal aad interest or principal only. renewable at 12-moDtb interval., for a period not to exceed three yean, if- (A) My debt burden equal. or exceeds 20 percent o( my gross income; or (B) The Wtitulion determioe. that I qualify for other reasom. VII. Deferment (I) I uaderlll80d that, upon ma1tiDg a properly documented wrillen request Co the Wtitnlion, I may defer ma1cing schaduled installment paymenu and will not be liable (or auy interest that might otherwise accrue during the following periods: (A) For any period that I am- (I) Enrolled and in attendance u a regular student in at least a half-lime coune of study at an eligible institulion: (ii) Enrolled and in attendance u a regular student in a coune of study that is pan of a graduate fellowship program approved by the Secretary; (Iii) Engaged in gradua/a or poa-gradua/a fellowship-oupponad llUdy (auch u a Fulbright grant) oulaide the Uoited Slatea; or (Iv) Enrolled and in attenclance in a course of IIlUdy that i. pan of a rehabilitation traioiog program for disabled individual. approved by the Secrewy. (B) For auy period that I am engaged in Jervice described io Article. vm, IX, X, XI, XU, xm, or XIV of thi. _,remeat. (C) For a period not Co exceed _ (3) year. during whicb- (I) I am _g and unable Co fiad full-time employment: or (li) For any re8IOn that my Wtitution determine. bu cauaed or will cauae me to have an economic hardahip. (2) I uaderotand that I am not eligible for a deferment uader paragraph (VU)(I)(A) while I am;serving in a medical internship or reaidency program. (3) I underotand that I may continue Co defer ma1cing acheduled inatallment payments and will not be liable for any inlerut that mipt otherwise accrue for a six (6) month period immadiately following the expiration of any deferment provided in paragraph VU(!). vm. Teachin2 C_ellation (I) I u",*,- that, upon ma1cing a properly documented wrillen requeat to the Inatitntion, I am enlided lo have up Co 100 percent of the amount of thia loan plua the inlereot thereon C8DCeled if I perform qualifying service after the period for which I received the loan- (A) A. a full-time _er in a public or other nooprofit elementary or IOCOndary school in the achool district of a local educational agency that i. eligible in auch year of serviee for fundi uader Chapter I of the Educalioo Conaolidalion and Improvement Act of 198!, u ameaded, and which hu been deaignated by the Secretary (after consultation with each State Department of Educatioo) in accordance with the proviaiona of _lion 465(a)(2) of the Act u a achool with a hip concentration of IlUdents from low-income famiJiea. An official Directory of deaipated low-income ICboola i. published umually by the Secretary; (8) Aa a full-time tpeCial education teaeber (including teacben of infants, toddlers, children, or youth with diaabiJitia) in . public or other DODprofit elem'Dtary or JeCoDClary ICbool system, or u a full-time qualified profeuional provider of early mterveotioD services iD . public or other nonprofit program under public supervi.ion by the lead agency u authorized in seclioo 676(b)(9) of the Individual. With Disabilitiea Education Act; or (C) A. a full-lime _her of mathematics, acience, foreign Ianguagea, bilingual education, or any other field of expertise that ia determined by the Slate Department of Education Co have a shortage of qualified _hen. (2) A portion of thia loao will be C8DCeled for each completed year of _hing service at the following rates; (A) 15 perceot of the Cotal principal amount of the loan plus interest OD the unpaid balance accruiog during that year for each of the tint and lKOod complete academic yean of that teaching service; (B) 20 percent of the Cotal principal amount of the loao plu. intereot OD the uopaid balance accruing during that year for each of the third and fourth complete academic years of that teacbing service; aud (C) 30 percent of the total principalamOllot of the loao plu. interest OD the unpaid balance accruing during that year for the fifth complete academic year of that teaChing Mrvice. IX. Head Start Can.enatioo (I) I undersl8Dd that, upon ma1cing . properly documented wrillen request Co the Inatitnlion, I am entitled lo have up Co 100 percent of the amouot of this loan plus the interest thereoo C8DCeled if I perform qualifyiDg service after the period for which I received the loao u a full-time Il8ff member in a Head Stan program if- (A) That Head Stan program i. operated for a period that i. comparable Co a full school year in the locality: and Page 2 of4 Federal PerkiDIIJuly 1993 (B) My salary is Dot more than the salary of a comparable employee of the local educational agency. (2) This loan will be canceled at the rate of IS percent of the total principal amount of the loan plus interell on the unpaid baJaDCe accruing duriDg that year for eacb complete school year or equivalent period of service in a Head Stan program.. (:I) Head Start is a preschool program carried out UDder the Head Start Act. X. fdilitarv CanCellatiOD (1) I UJUierstaDd that, upon maIdog a properly documented written request to the Institution. I am entitled to bave up to SO percent of lbe principal amount of this Joan plus the interest thereon canceled if I lerve as a member of the Armed Forces of the United Stales in an area of hootilitiesthat qualifies for special pay under sectiOD 310 of Tide 37 of the United Stateo Code. (2) This loan will be canceled at the rate of 12 112 perceDt of the total principal amOUDt of the loan plus interest OD the unpaid balance accruing during that year for each complete year of such qualifying service after the period fnr which I received the loan. XI. Volunteer Service Cancellation (I) I understand that, upon making a properly documented written request to the lo.stiNtion, I am entided to have up to 70 percent of the amount of this loan plus the interest thereon canceled if I perform qualifyi.og service after the period for which I received the loan- (A) Aa a volunteer uncler the Peace Corps Act; or (B) Aa a volUDleer uncler the DamelliA: Volunteer Service Act of 1973 (ACTION procrams). (2) ThiJ loan will be canceled at the following rates: (A) IS percent of the total principal amount of the loan plus interest on the UDpaid balance aecruing during that year for each of the first and seconcl twelve (12) month periods of volUllleer service completed; and (B) 20 percent of the total principal amount of the loan plus interest on the unpaid balance aecruine durine that year for each of the third and fourth twelve (12) month periods of volunteer IOrvice completed. XII. t,aw Enforcement or Correction. Officer ClUlcellation (1) I understand that, upon makine a properly documented written request to the lo.stiNtion, I am entided to have up to 100 perceDt of the amount of thilloan plus the interest thereon canceled if I perform qualifyine IOrvice after the perind for which I received the lnan- (A) Aa a fi1ll-timo law enforcement officer for service to lUl elipble local, Stata, or Federal law enforcement agency; or (B) Aa a fi1ll-time conoctiOOl officer for service to an eDpble local, Stata, or Fedoral correctioOl agency, (2) A portion of thilloan will be canceled for _h completed year of law enforcement nr COrrectiOOl IOrvice at the foUowine rateI: (A) IS percent of tho total principal amount of the loan plus interest on the unpaid ba1ance aecruine durin& that year for each of the lint and MCoad complete yeara of that .rYice; (B) 20 percent of the total principal amount of the loan plus interest on the unpaid balance accruing durine that year for each of tho third and fourth complete years of that _nice; and (C) 30 percent of the total principal amount of the loan plus interest on the unpaid balance accruine during that year for the fifth complete year of that _e, xm. Nune or Medical TechnicilUl CancellatioD (1) I understand that, upon maItin& a properly documented written request to the lo.stiNtion, I am entided to have up to 100 percont of the amOUnt of thi. loan plus the interest thereon canceled if I perform qualifyine IOrvice after the period for which I receivocl the loan u a full-time DUlle or medical technician providing health care services. (2) A ponion of thilloan will be canceled for each completed year of IOrvice at the foUowine rates: (A) IS percent of the total principal amount of the loan plu. intere.t on the unpaid balance accruing durine that year for each of the first and lICoDd complete years of that ..mee; (B) 20 percent of the total principal amount of the loan plus interest on the unpaid balance aecruine durine that year for each of the third and founh comp.ete years of that lenice; and (C) 30 percent of the total principal amnunt of the loan plus interest on the unpaid balance aecruing during that year for the fifth complete year of that .mee. XIV. Child or FlIlmily Service Al!eDCY Cancellation (1) I understand that, upon maItin& a properly documented written request to the lo.stiNtiOD, I am entided to have up to 100 percent of the amount of thi. loan plus interest thereon canceled if I perform qualifyine IOrvice after the period for which I received the loan u a full-time employee of aD eligible public or privale DOnprofit child or family ..tvice &leDCY who is providing, or superviliD& the provision of, aervieu to hi&h-rillc children who are from low-income CODlJllunities lUld the families of ouch children. (2) A portion of thilloan will be canceled for each completed year of IOrvice at the foUowine rates: (A) IS percent of the total principal amount of the loan plus interest OD the unpaid halance aecruine durine that year for each of the first and MeOK complete years of that service; (B) 20 percent of the total principal amount of the loan plus interest nn the unpaid balance aecruing during that year for _h of the third and founh complete years of that service; and (C) 30 percent of the total principal amount of the loan plus interest aD the unpaid balance Kenting during that year for the fifth complete year of that aervice. XV. Death .nd Disability ClUlcellalion (I) 10 the event of my death, the total amount owed on this loan will be canceled. (2) If I become permanendy and totally disabled after I roceivethis loan, the InstiNtion will cancel the total amount or thi. loan. XVI. Chanlfe in Name. 'Address. TeleDbone Numbe.r. or Social Security Number I am responsible for informiDg the Institution of any change or cbanges in name. address, telepbone number t or Social Security Dumber. Page 3 of 4 Federal Perkins/July 1993 xvn. Late Chan'e (I) The In.stitutioo will impoae a'late cbarge if- (A) I do DOt make a scheduled payment when it i. due; aud (B) I do not tubmit to the In.a:itutioD, on or beforo the date 00 which payment i. due, documentation that I qualify for a deferment, cancellation, or {orbearaDce.. described in Articl.. VI, W, vm, IX, X, XI, XII, xm, or XIV of thi, agreement. (2) No charge may e""eed 20 perceDt of my mODthly, bimoDtbly, or quarterly paymeDL (3)(A) The lIIItitutiOD may- (i) Add the late cbarge to lbe priDcipal lbe day after the lICbeduled repaym...t was due; or (Ii) Include it wilb the Dext scbeduled repaymeDt after I bave received Dotice of the late charge. (8) If lbe In.stitutiOD elects to add the late cbarge to lbe outslaDdiog priDcipal of the loan, it must 10 iDfonn me before lbe due date of the next installment. XVDI. Assil!nmeDt (I) Thi. Dote may be essigoed by lbe lIIItitutiOD ooly lo- (A) The United StaleI; (B) Another institution upon my transfer to that institution if that institution is participating in this program; or (C) Another iDltitutioD approved by lbe Secretary. (2) The provi.ioDl of thi. Dote that relate to the Institution shall, where appropriate, relate to an assignee. (3) Any holder of lbi. loan i. suBject to all claims and defe.... that I could ....rt agaiDlt lbe InstitutioD lbat made this Iou; my recovery ia limited to the amouDt I repaid aD this loan. XIX. Prior Loan. I bereby certify !hat I bave listed below all of lbe Federal Perkins Loans I have obtaiDed at other iDltitutiooa. (If 110 prior I...... have beeD received, state -None.-) FEDERAL PERKINS LOANS AT OTHER INSTITUTIONS Amount Date Institution 1 2 3 4 XX. Schedule of Advance. The foUowiDC amounts were advanced to lIIe under this loan qreamellloll the dates indicated: Amount Date Signature of Borrower $1.500.00 9-1-90 h~/ $1.500.00 l-Z3-9b hN 1 2 3 4 NonCE TO BORROWER: DO NOT SIGN THIS Nom BEFORE YOU READ IT. I UNDERSI'AND AND AGREE TO ALL OF THE FOREGOING 1ERMS AND CONDmONS. (Tbi.oote~"'i . U7~~' .meDt.) SiJII&tUre ~Jtl ~ i//P /7 / Date /d r,; , . 194'5 !(seal)) PermaneDt Address (Street or Box Number. City, State, and Zip Cod?,! ,;h~.;?; !tw /} ;rtli!:f{)vJ/711rf~ (;J(3:J Social Security Number (borrower must provide) 17/--- <q;,~ 0(;}% The borrower ad Institution shall execute this note withoUl security and without endorsement. The InstitutioD shall provide a copy of this Dote to you and you should rewn the copy for your records. (Authority: 20 U.S.C.1087dd) Page 4 of4 Federal PerlWlslJuly 1993 PERKINS (NDSL) TRUTH-IN-LENDING STATEMENT DICKINSON COLLEGE Account Number OO?73-000-00-?770-0Q Name of Borro\Jer Wi 11 i am rhar1e.. W'lrr~m Address 25 Lincolnview Dr. PO Box 77 Mcknightstown, PA 17343 ANNUAL PERCENTAGE RATE AMOUNT FINANCED The cost of your credit as a yearly rate. The amount of credit provided to you. Prior to repayment During repayment o % 5 % $ 3.000.00 I Itemization of the Amount Financed: $ 3.000.00 Amount given directly to you. I Late Charge: If a payment is late, you may be charged: $1.00 for the first late payment, and $2.00 for each subsequent late payment if this loan is payable monthly, $3.00 for each late payment if this loan is payable bimonthly, $6.00 for each late payment if this loan is payable quarterly. Prepayment: If you payoff early, you will ~ have to pay a penalty. See your promissory note for any additional information about nonpayment, de- fault, any required repayment in full before the scheduled date, and pre- payment. THE BORROWER ACKNOWLEDGES RECEIPT STUDENT ~r/II jl;J/ BORROWER " W4tJl (- ~("Iert DATE /tJ li9.c; OF AN EXACT COpy OF THIS STATEMENT. INSTITUTIONAL REPRESENTATIVE Ol-z- DATE FEDERAL PERKINS LOAN PROMISSORY NOTE ) ,-,.~J 't:); ',;., ':l- 211-1 1. Name (last, first, middle initiaQ and . Permanent Address (street, c~y, state, zip code) 2. Social Secur~y Number r7! ---)0' M).$ 3. Date ~f Bi.11t1 1/:;\/17::; 4. Area Code/Telephone Number (717) 591- S:;SSO A Driver's License Number (Ust state abbreviatiOn first) 16,~?:' (" 'h '67(, Warren, William /,).//'(",. C AL~r'i'/: J .'2~ 1,/,;/1: U,e," [1- 'prKlilJilf-:forH1! It: \l7fI':J Dick:inscm College P.o. Box 1773 Carlisle. PA 17013-2896 7. Borrower Status llHal-lirneor_ o Less_hoI-lime 5% 9. Loan Amount: 10. Loan Period 6. School Name & Address (street, city, state, zip code) $ 2,000.00 1996-97 TERMS AND CONDITIONS: (Any brad<oted clauoea J'lU'll"'Ph n-.y be _.. optlonoflnRJtutlon.J APPLICABLE LAW - Th~ terms or this note and any disbursements made under this note shall be interpreted in accordance with Pan E or Title IV of the Higher Education Act of 1965. as amended (hereinafter called the Act), as well as Federal regulations issued under the Act. All sums adVJnced under this note are subject to the Act and Federal regulations Issued under the Act. REPAYMENT. I am obligated to repay the principal and the Interest that accrues on It [0 the above-named lnsUtution (hereinafter called the school) OYer a period beginning 9 months (or sooner if I am a less than a half-Ume borrower) after the date I cease to be at least a half-time student at an lnsUtutlon of higher education or a comparable school outside the United States approved by the United States Secretary of Education (hereinafter called the Secretary) and ending 10 years later, unless I request in writing that my repayment period begin sooner. I undemand that the school will report the amount of my Installment payments. along with the amount of this loan to a national credit bureau. Interest on this loan shall accrue from the beginning of the repayment period. My rt:payrnent period may be shorter than 10 years if I am required by my school to make minimum monthly payments. Upon my written request my repayment perlod may be extended during periods of deferment, hardship. or forbearance and I may make graduated installments in accordance with a schedule approved by the Secrt:tary. I will make my installment payments in equal monthly, bimonthly or quarterly installments as determined by the school. The school may round my installment payment to the next hJghest mulUple of $5. (I wUl make a minimum monthly repayment of $40 (or $30 if I have outstanding Federal Perkins loans made before October 1. 1992 that included the $30 minimum payment option) In accordance with the Minimum Monthly Payment Section of the Terms and Conditions contained on the reverse side afrbis document.) LATE CHARGES - The school wllllmpose late charges if I do I'lOt make a scheduled payment when due or ifl fall to submit to the school on or before the due date of the payment. a properly documented written request thllt I qualify for any of the forbearance, deferment or cancellation benefits as described below. No late charges may exceed 20% of my monthly. bimonthly or quarterly payment. The school may add the late charges to principal the day after the scheduled repayment was due or Include it with the next scheduled repayment after I have received notice of the charge. and such notice is sent before the next Installment Is due. REQUESTS FOR DEFERMENT. CANCELLATION OR FORBEARANCE - To receive deferment. cancellation. or forbearance benefits. I must make a written request to the school and must submit to the school any documentation the school requires to prove my eligibility for these benefits. I am responsible for submitting the appropriate requests on time. and I may lose my benefits if I faU to flIe my request on time. DEFAULT. If I fail to make a scheduled payment when due; If I faU to submit to the school. on or before the due date of a scheduled payment. documentation that I qualify for a deferment. canceUatlon, or forbearance; or if I faU to comply with the terms and conditions of this promissory note or written repayment agreement. the school may. at Its option. declare my loan to be in default and may accelerate my loan (demand Immediate payment of the entire unpaid balance of the loan, including principal, Interest, late chJrges. and collection costs). The school. and the Secretary. If my loan is assigned to the Secretary for collection. shall disclose to credit bureau organizations that I have defaulted and all other relevant loan information. I wUlIO$e my right to defer payments and my right to forbearance if I default on my loan. I will iose my right to receive cancellation benefits for service that is performed &her the date the schooi accelerated the loan. I will be Ineligible for any further federal student financial assistance authorized under the Act until I make arrangements that are satisfactory to the school or the SecreUi!ry to repay my loan. CHANGE OF STATUS. I will inform the school of any change ,In my name. address, telephone number. Soc.i.al Security number. or driver's license number. ASSIGNMENT - This note may be assigned by the school only to the United States. The provisions of this note that relate to the schooi shall where approprtate relate to the assignee. PROMISE TO PAY: I promise to pay the school, or a subsequent holder of the Promissory Note. the:sum ofamount(s) adVllnced to me under the terms of this Note, plus interest and other fees which may become due as provided in thiS Note. I promise to pay all reasonable collection costs. Including attorney fees and other charges. necessary for the collection of any amount not paid when dUe. I will not sJgn this Note before readlng it. Including the prOVisions on the reverse side. This loan has been made to me without security or endorsement. My signature certifies I ha"o'e read, understand, and agt'l!il! to the tenns and conditions of this Promissory Note. THIS IS A LOAN(S) THAT MUST BE REPAID /~./^ J///;> I Botfower's'Sig 3)/197 EXHIBIT "E" Date: Terms and Conditions (cont.) HARDSHIP REPAYMENT OPTIONS. Upon my written request. if I qualify as a low-income individual during the repayment perioo. 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 monthly repayment rate for a period of not more than one year at a time if I experience a period of proJonged illness or unemployment except such action may not extend the repayment period beyond 10 years. GRACE PERIODS - My Initial !lJ"Ce period before beginning repayment ;s 9 months. If I am a u...- Than- Half-Time Borrower with outstanding Federal Perkins Loans. my repayment begim when the next scheduled installment of my ou......ding loan;s due, Ifl am a u...-Than.Half-Tune Borrower with no outsUlnding Federal Perkins Loans. my repaynrent 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 the loan after I became a less than haIf-tlme student. My payments will resume after a post-deferment grace period of 6 months that follows defennents that apply to Federal Perkins loans. PREPAYMENT - I may prepay all or any part of my unpaid loan balance. plus any aCCl\Jed interest, at any time Without penalty. Amounts I repay in the academic year in which the loan was made and before the initial grace period has ended will be used to reduce the amount of the loan and will not be considered a prepayment. If I repay amounts during the academic year in which the loan was made and the initial grace period ended, only those amounts in excess of the amount due for any repayment period shall be considered a prepayment. If, in an academic year other than the award year in which the loan was made, I repay more than the amount due for an imtall- ment, the excess will be used to repay principal unless I designate it as an advance payment of the next regular installment MIMMUM MON1HLY PAYMENT - I will make a minimum monthly repayment of $40 (or $30 If I have ou......ding Fed.... Perkins loans made before October 1, 1992 that included the $30 minimum payment option) if required by the school. If the total monthly repayment rate on this loan and any outstanding Federal Perkins loans I may have is less than the minimwn monthly repayment rate established by the school. the school may still require a mtntmum monthly repayment rate. A minimum monthiy repayment amount wUI combine my obUgatlon on this and all my outstanding Federal Perkins loam. including those made at other schools. The portion of the minimum monthly payment that will be applied to this loan win be the difference between the minimum monthly payment and the total amounts c::rvm:I at a monthly rate on my other Federal Perkins loans. If each school holding my outstanding Federal Perkins loam exercises the minimum monthly payment option. the minimwn monthly repayment will be divided among the schools in proportion to the amount of principal advanced by each school. FORBEARANCE - Upon maklng a properly docwnented written request to the school. I am entitled to forbearance of principal and interest or principal only. renewable at intetvals up to 12 months for periods that collectively do not exceed three years. under the following condltiom: If my monthly Title IV loan debt burden equals or exceeds 20% of my total monthly gross income: if the Secretary authorizes a period of forbearance due to a national military mobilization or other national emergency: or if the school determines that I qualify due to poor health or for other reawns, including 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 imtallinent payments and will not be liable for any interest that might otherwise accrue 1) during any period that I am: enrolled and attending as a regular student in at least a half-time course of study at an eligible school; enrolled and attending as a regular student a graduate fellowship program approved by the Secretary: engaged in graduate or post-graduate fellowship-supported study outside the US; enrolled and attending a rehabilitation training program for disabled individuals approved by the Secretary; engaged in public service that 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 fun-time employment. 3) for a period not to exceed three years during which I am experiencing an economic hardship as determined by the school. I am not eligible for a defennent while serving in a medical internship or residency program. I may continue to defer making .scheduled installment payments and will not be liable for any interest that 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 entitJed to have up to 100% of the original principal loan amount of this loan canceled if I penoon 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. 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 DirectOl)' of designated low-income schools is published annually by the Secretary. . a full- time special education teacher in a public or nonprofit elementary or secondary school system. . a full-time teacher. in a public or other nonprofit elementary or secondary school system. who teaches mathematics. science. foreign languages. bilingual education. or any other field of expertise that is determined by the State Department of Education to have a shortage of qualified teachers in that State. B. Early Intervention Services . a full.time qualified professional provider of early intervention services in a public or other nonprofit program under public supervision by a lead agency as authorized by section 672(2) of the Individuals with DlsabiUties Education kt. Early Intervention Services are provided to Infants and toddlers with disabilities, . C. Law Enforcement or Correc:tions Officer. a full-time law enforcement officer for an eligible 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 Technidan . a full-time nurse providing health care services: or . a fun-time medical technician providing health care services. E. Child or Family Service Agency . a full-time employee of an eligible publlc or private non.profit child or family service agency who Is providing or supervising the provision of services to high-risk. children who are from low- income communities and the families of such children. Cancellation Rates - For each completed year of service under paragraphs A. B. C. 0 and E a portion of this loan wilJ be canceled at the fonowing rates: . 15% of the original principal loan amount for each of the first and second yean: . 20% of the original principal loan amo,",t for each of the third year and fourth years; and . 30% of the original prtncipalloan 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 princtpalloan amOWlt canceled for quallfying service performed after I receive the loan as: . a full.time staff member in the educational component of a Head Start program which ;s operated for a period comparable to a full school year and which pays a salary comparable to an employee of the local educa~ lional agency. CanceJlatlon Rate ~ For each completed year of service under the Head Start Cancellation provision. this loan will be canceled at the rate of 15% of the original principal loan amount. G. MIlitary Cancellation - Upon making a properly documented written request to the .school. I am entitled to have up to 50% of the principal amount of this loan canceled for qualifying service performed after I receive the loan as: . a member of the Armed Forces of the United States in an area of hostilities that quaUftes for special pay under section 310 of Title 37 of the United States Code. Cancellation Rate - For each completed year of service under the Military Cancellation provision. this loan will be canceled at the rate of 12 1/2% of the original principal loan amount. H. Volunteer Service Cancellation - Upon making a properly documented written request to the school. I am entitled to have up to 70% of the original principal loan amount of this loan canceled for qualifying service performed after I received the loan as: . a volunteer under the Peace Corps Act: . a volunteer under the Domestic Volunteer Setvice Act of 1973 (ACTION programs) . Cancellation Rate. For each completed year of service under the Volunteer Service Cancellation provision. a portion of this loan will be canceled at the following rates: . 15% of the original prtnclpalloan amount for each of the fust 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 this loan. If I become pennanently and totally disabled after I receive this loan. the school will cancel the total amount owed on this loan. VERIFICATION I, THOMAS MEYER, Assistant Treasurer of Dickinson College, acknowledge that I have the authority to execute this Verification on behalf of Dickinson College and certify that the foregoing Complaint is based upon information which has been gathered by my counsel in the preparation of this lawsuit. The language of this Complaint is that of counsel and not my own. I have read the document and to the extent that this Complaint is based upon information which I have given to my counsel, it is true and correct and to the best of my knowledge, information and belief. To the extent that the content of this Complaint is that of counsel, I have relied upon counsel in making this Verification. This statement and Verification are made subject to the penalties of 18 Pa. C.S. 9 4904 relating to unsworn falsification to authorities, which provides that if I knowingly make false averments, I may be subject to criminal penalties. Dickinson College c--- Thomas Meyer Assistant Treasurer of Dickinson College Dated: 7/30/03 F:\FILES\DA TAFILE\Dickinson College 7619\DickinsonCollegcCol1ections7619C\Documentslll8.coml ~ A.(\~ -{,A. ,-" CJ.. <.. \J vI -. tl . \ ~ L..I 0- -L\ -.(\ ~ , (') , , ,-. {' '. ;~ ,: " -, .. .:.., -.::I -..... \Q ._;.: f:IFILESIDA TAflLE\Dickinson College 7619\DickinsonCollegeCo\\ections7619CICUJTem\118_pra l/tde Created: 5/13/03 1:16:33 PM Revised: 4/\2104 1:42:25 PM 7619Cl18 DICKINSON COLLEGE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 03-3946 CIVIL ACTION-LAW WILLIAM C. WARREN, Defendant JURY TRIAL OF TWELVE DEMANDED PRAECIPE Please reinstate the attached Complaint against Defendant William C. Warren, 25 Lincoln View Drive, McKnightstown, Pennsylvania, in the above-captioned action. Please forward one copy to the Cumberland County Sheriffs Office to deputize Adams County for service of Complaint. By David R. Galloway, Es I.D. Number 87326 Ten East High Street Carlisle, P A 17013 (717) 243-3341 Date: April 12, 2004 Attorneys for Plaintiff (') ~;~ ....., "" = .t- "'" :u -',) o ., ::-l _r:~ n'" II ';= "'"DITi :"9 ()r- .'-"l~ 'T-~Ti ;....'.)""-' )';P-(")' (jnl N -~~' .r.- > ., co ::( 8 SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2003-03946 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERL.i\ND DICKINSON COLLEGE VS WARREN WILLIAM C R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: WARREN WILLIAM C but was unable to locate Him in his bailiwick. He therefore deputized the sheriff of ADAMS County, Pennsylvania, to serve the within COMPLAINT & NOTICE On April 27th , 2004 , this office was in receipt of the attached return from ADAMS Sheriff's Costs: Docketing Out of County Surcharge Dep Adams County 18.00 9.00 10.00 22.50 .00 59.50 04/27/2004 MDW&O sO'_;;~7~.~~~ R. Thomas Kl~ne - Sheriff of Cumberland County Sworn and subscribed to before me this ;lPIi'::.. day of ~...:J. ;(1nJ'-! A.D. Lf' _12 ~i6..~ ~ 'fU Prothonotary . In The Court of Common Pleas of Cumberland County, Pennsylvania Dickinson College VS. William C. Warren SERVE: sane No. 03-3946 civil Now, April 13, 2004 , I, SHERIFF OF CUMBERLAND COUNTY, P A, do hereby deputize the Sheriff of Adams County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. ~r:;./ ~/ r ~~'l'.._R~4" Sheriff of Cumberland County, PA Affidavit of Service Now, ,20_, at o'clock M. served the within upon at by handing to a copy of the. original and made known to the contents thereof. So answers, Sheriff of County, PA Sworn and subscribed before me this _ day of ,20_ COSTS SERVICE MILEAGE AFFIDA VIT $ $ ~ .- ( r I", ( /", , o MASON DIXON BUSINESS FORMS, !NC 33000026 DATE RECEIVED DATE PROCESSED SHERIFF'S DEPARTMENT ADAMS COUNTY, PENNSYLVANIA COURTHOUSE, GETTYSBURG, PA 17325 1HSTIlUCTIOHS: _ "INSTRUCTIONS FOR SERVICE OF PROCESS BY THE SHERIFF" on "'" ___ of "'" Iut (No.5) copy of thlo form. _ Iypo or prlnl legibly, _ring _Illy of .11 copleo. Do not _ ony copleo. AClID lIlY.' 1. PLAlNTlFFISI 2. COURT NUMBER DICKINSON COLLEGE 03-3946 Civil 3. oeFENDANTISI 4. TYPE OF WRIT OR COMPLAINT: Reinstated WIllIAM C. WARREN Complaint in Civil Action 5. NAME OF INDIVIDUAL. COMPANY. CORPORATION, ETC" TO SERVICE OR DESCRIPTION OF PROPERTY TO BE LEVIED, ATTACHED OR SOLD. SHERIFF SERVICE PROCESS RECEIPT, and AFFIDAVIT OF RETURN SERVE . William C. Warren AT 6. ADDRESS (St_ or RFD. Aport...., No., City, Boro, Twp., Stol. end ZIP CODE) 25 Lincoln View Drive, McKnightstown, PA 7. INDICATE UNUSUAL SERVICE: 0 PERSONAL 0 PERSON IN CHARGE 0 DEPUTIZE 0 CERT, MAIL 0 REGISTERED MAIL 0 POSTED 0 OTHER Now, , I, SHERIFF OF ADAMS COUNTY, PA., do hereby deputiza the Sheriff of County to execute this Writ and make return therof according to law. This deputation being made at the request and risk of the plaintiff. SHERIFF OF ADAMS COUNTY 6. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE. NOTE ONt Y APPLICABLE ON WRIT OF EXECUTK>N: N.S. WAIVER OF WATCHMAN-Any deputy sheriff levying upon or attaching any property under within writ may leave same without 8 watchman. in custody of whomever is found in possession. after notifying person of levy or attachment, withOUlltability on the part of such deputy or the sheriff to any plaintiff herein for any lou, destruction or removal of any such property before sheri"', sale thereof. 9. SIGNATURE of ATTORNEY Of' other ORKJlNATOA requesting service on beha" of: !XPLAINTlFF David R. Galloway, Esq, 0 DEFENDANT 10. TELEPHONE NUMBER ". DATE (717) 243-3341 SPACE BELiW FOR USE OF SHERIFF ONLY - DO NOT WRITE BELOW THIS LINE 12. I acknowledge receipt of the writ SIGNATURE of Authorized ACSD Deputy Of' Clerk and Title I 13. Date Received 1'4. Expiration I Hearing date or complaint .. indicated obove, 4-14- 2004 15. I hereby CERTIFY and RETURN tnat I 0 have personally served, 0 have served person in charge, 0 have,*, evidence of service as shown in "Remarks" (on reverse) o have posted the above described property wflh the writ or complaint described on the indMdual, company, corporation, etc., at the address shown above or on the individual, company, corporation, etc., at In. address inserted below by handing/Of' Posting a TRUE...cI ATTESTED copy Iherot. 16. I: I hereby certify and return a NOT FOUND because I am unabte to locate the individual, oompany, corporatIOn, etc., named above. (See remarks below) 17. Name and title of individual served 1'8. A pIIf80n or aultllble.. and diecrtl1iOn I Read Order then rMkIlng In I.... defendllnt', usu. 0 pI.ce 01 8bcide. 0 19. Address 01 where served (c:omplele only if dillerent than shown above) (Street or RFD, Apartment No., c;ry, Boro, Twp., 20. Dale of Service 21. Time St... .nd ZIP COOE) REMARKS: The def., William C. Warren, has moved & left no forwarding address with the K::Knigbtstown Post Office. 22. ATTEMPTS I Dolo I MIIoo' Cop.lnt. Dolo I MIloo I Cop.InI'1 Dolo I MIIoo Cop.InI'1 Dolo I Mil.. I Cop.lnt.1 0.10 I Mil.. I Cop.lnt. 23, Adv""",, Cools J 24, 25, I 26. 27. T.... Cools I 26,JCII01l1Cau:u REFUND $B).OOHo. Atty. ~ $22.50 P 4/26/04 $127.50 Ck. #10905 ~ANS_R' / ~ -t:; I\t ?j'V Dep. (PIeue PrInt or Type) Kevin Miller SIgnoturo 01 S/lortfI RAYMJND W. NEWMAN AFFIRMED and subscribed to before me this N/A Dolo 4/26/2004 Doto 4/26/2004 day 01 -- __ OF ADAMS COUNTY MY COMMISSION EXPIRES I ACKNOWLEOOE RECEIPT OF THE _.. MTIIRN SlGHATURE OF AUTHORIZED ISSUING AUTHORITY AND TIllE. 139. Date ReceIved PROTHONOTARY 330000;;>6 _SHERIFF'S RETURN OF SERVICE ( ) ( 1 ) The within upon defendant by mailing to by prepaid, a true and attested copy thereof at , the within named mail, return receipt requested, postage on the The return receipt signed by defendant on the is hereto attached and made a part of this return. ) (2) Outside the Commonwealth, pursuant to Pa. R.C.P.405 (c) (1) (2), by mailing a true and attested copy thereof at in the following manner: ( ) (a) to the defendant by ( ) registered ( ) certified mail, return receipt requested, postage prepaid, addressee only on the said receipt being returned NOT signed by defendant, but with a notation by the Postal Authorities that Defendant refused to accept the same. The returned receipt and envelope is attached hereto and made a part of this return. And thereafter: ) (b) To the defendant by ordinary mail addressed to defendant at same address, with the return address of the Sheriff appearing thereon, on the I further certify that after fifteen (15) days from the mailing date, I have not received said envelope back from the Postal Authorities. A certificate of mailing is hereto attached as a proof of mailing. ( 3) By publication in the Adams County legal Journal, a weekly publication of general circulation in the County of Adams, Commonwealth of Pennsylvania, and the Gettysburg Times, a daily newspaper published in the County of Adams, Commonwealth of Pennsylvania and having general circulation in said County for successive weeks of The Affidavits from said Adams County legal Journal and Gettysburg Times, are hereto attached and made part of this return. ( ) ( 4) By mailing to by mail, return receipt requested, postage prepaid, on the a true and attested copy thereof at The Authorities marked is hereto attached. ( 5) Other returned by the Postal F: \FILES\DA T AFILE\Dickinson College 7619\DiekinsonCollegeColleetions7619C\Current\ 118. pra2ltde Created:5/13/031:16:33PM Revised: 8/27/04 11:57:16 AM 7619C118 DICKINSON COLLEGE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 03-3946 CIVIL ACTION.LA W WILLIAM C. WARREN, Defendant JURY TRIAL OF TWELVE DEMANDED PRAECIPE Please reinstate the attached Complaint against Defendant, 123 Breckenridge Street, Gettysburg, PA 17325, in the above-captioned action. Please forv,rard one copy to the Cumberland County Sheriffs Office to deputize Adams County for service of Complaint. By David R. Galloway, Es I.D. Number 87326 Ten East High Street Carlisle,PA 17013 (717) 243-3341 Date: August 27, 2004 Attorneys for Plaintiff ~ g ..., 0 = "" ..... ~ .r ~w, :>>> ~ c:: ~, en ~~ ~5i N -.I ~cj "'tl ~O :x g~ 0 ~ <i? ~ "-> ~ CN SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2003-03946 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DICKINSON COLLEGE VS WARREN WILLIAM C R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: WARREN WILLIAM C but was unable to locate Him in his bailiwick. He therefore deputized the sheriff of ADAMS County, Pennsylvania, to serve the within COMPLAINT & NOTICE On September 15th , 2004 , this office was in receipt of the attached return from ADAMS Sheriff's Costs: Docketing Out of County Surcharge Dep Adams County So answ ...-,- 18.00 9.00 10.00 15.70 .00 52.70 09/15/2004 MDW&O R. Thomas Kline Sheriff of Cumberland County Sworn and subscribed to before me this .U..u day of ~ d(J(?<-( A. D. n '/ 1___ f2 'th --/1,.,) 0";;;:- '-, Prothonotary' 7--' In The Court of Common Pleas of Cumberland County, Pennsylvania Dickinson College VS. William C. Warren 03-3946 civil No. Now, August 30. 2004 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Adams County to execute this Writ, this deputation being made at the request and risk of the Plaintiff ~t"/ ~ .r ~~/e~R Sheriff of Cumberland County, P A Affidavit of Service Now, ,20_, at o'clock M. served the within UpOll_ at by handing to a copy of the original and made known to the contents thereof So answers, Sheriff of County, PA Sworn and subscribed before me this _ day of , 20__ COSTS SERVICE MILEAGE AFFlDA VIT $ $ lATE ReceIVeD DATe PROCESSeD SHERIFF'S DEPARTMENT ADAMS COUNTY, PENNSYLVANIA COURTHOUSE, GETTYSBURG, PA 17325 INSTllUCTIONS: See "INSTRUCTIONS FOR SERVICE Of PROCESS BY THE SHERIFF" on IIle ....- 0I11le .... (No. 5) COf1'I oIlhis torm. _ typo or print 1ogIbIy, insuring ~ 01 aft _. Do not _ any _. AClIO ENV.I 1. PLAINTlFF/Sf 2. COURT NUMBER DICKINSON COLLEGE 03-3946 Civil 3. DEFEflDANT/Sf .. TYPE Of WRIT OR COMPLAINT: WIllIAM C. WARREN Reinstated CaIPlaint in Civil ktirn 5, NAME Of INDIVIDUAL. COMPANY, CORPORATION. ETC.. TO SERVICE OR DESCRIPTION OF PROPERTY TO BE LEVIED. ATTACHED OR SOLD. SHERIFF SERVICE PROCESS RECEIPT, and AFFIDAVIT OF RETURN SERYE . William C. Warren AT 8, AOOflESS (Street '" RFD, A_I No.. City. Boro. Twp.. Stala and ZIP CODE) 123 Breckenridge St., Gettysburg, PA 17325 1. INDICATE UNUSUAL SERVICE: 0 PERSONAL 0 PERSON IN CHARGE 0 DEPUTIZE 0 CERT, MAIL 0 REGISTERED MAIL 0 POSTED 0 OTHER Now, , I, SHERIFF OF ADAMS COUNTY, PA., do hereby deputize the Sheriff of County to execute this Writ and make return therof according to law. This deputation being made at the request and risk of the plaintiff. SHERIFF Of ADAMS COUNTY 8, SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE. NOTE ONL'I APPLICABLE ON WAtT OF EXECUTION: H.8. WAIVER OF WATCHMAN-Any deputy shf:tt'1tf 'evying upon or attaching any property under within writ may leav. same without a watchman, in custody of whomever is found in possession, after notifying person of levy Of attachment. without liability on the part of such deputy or the sherin to any pla/ntiff herem for any 1osI, destruction or removal of any such property before sheriff's sale thereof. 9. SIGNATURE at ATTORNEY or other OR.oINATOA requesting service on behalf of: 10. TELEPHONE NUMBE~ 11. DATE H PLAINTIFF David R. Galloway, Esq. 0 DEFENDANT SPACE BELiW FOR USE OF SHERIFF ONLY - DO NOT WRITE BELOW THIS LINE 12. I acknowtedQe recetpt of the writ SIGNATURE of Authorized ACSO Deputy Of Clerk and Tffle 113. Date Received 114. Expiration f Hearing date or oomplaint .. Indicated abova. 8- 31- 2004 15. I hereby CERTIFY and RETURN that I 0 have personally served, 0 have selVed person in charge, 0 have legal evKSence of service as shown in "Remarks" {on reverse) o have posted the above dMCrlbed property with the writ or complaint described on the individual, company, corporation, etc., at the address shown above or on the individual, company, corporetk)n, MG., at the addr88$ ins<<trted below by handing/or Posting a TRUE and ATTESTEO Copy therof. 16. ~l hereby c:ertlfy and return a HOT FOUND because I am unable to locate the individual, company, corporation, etc., named above. (See remarks below) 17. Name and tltte of IndMdual MNed 118. A.1*IJOI'l of a,allable. and ditcretion I Reed Ordl :::. ~tS~~ ~ defend8nI'. usual 0 19. Address of where HlWd (complete amy If difteretlt than shown above) (Street or RFO. Apartment No., City, Bom. Twp.. 20. Date of Service 21. Time Stata and ZIP COIlE) 1U!MARKS: DefeOOant is not known by the postal carrier who delivers at that residence. 22. A1'TEIlPT8 I Data I-I Dep.lnt. 23. Advance Costa I 24. $m.m Ho. Atty. ffID3 Deta l NI...' DeP.lnt'l Data I 126 NI... Cap.lnt'l Data 21. Total Costa $15.70 Pd. I Nuaa' DeP.lnt'j Data I NUaa I Cap.InL 128'~REFUND 9/14/04 $134.30 Ck. #11619 25. AFFIRMED and IUtwcrlbed to before me this N/A . SO ANlIWER. ~?-Q-.~r\..~. V~t\~<O~ 8y_/Ilop'_(~""~1 Richard S. Keefer llignaIIn 01 _ RAYMJND W. lffi.IMAN Date 9/13/2004 ~13/2004 day of _Publ~ __ OF_COUNTY MY COMM/SSlON EXPIRES I ACKNOWI.EDGE RI!CElPT Of THE _'8 M11lIlN _ATURE OF AUTHORlZEO I88UlNQ AUTHORITY AND nTLE. 139. Dale R_ PROTHONOTARY SHERIFF'S RETURN OF SERVICE ( ) ( 1 ) The within upon___._._. ____.,__ . the within named defendant by mailing to _~_________ _, ___.__ __.__.___ _ by ____'__.__~.____._ mail, return receipt requested, postage prepaid, ___ on the a true and attested copy thereof at ~___'__'____ ) The return receipt signed by __'_____M________,_ defendant on the made a part of this return. (2) Outside the Commonwealth, pursuant to Pa. R.C.P.405 (c) (1) (2), by mailing a true and attested copy thereof at is hereto attached and in the following manner: ) (a) iO the defendant by ( ) registered ( ) certified mail, return receipt requested, postage prepaid, addressee only on the ___'_,,___ ,____ said receipt being returned NOT signed by defendant, but with a notation by the Postal Authorities thaI Defendant refused to accept the same. The returned receipt and envelope is attached hereto and made a part of this return. And thereafter: ( ) (b ) To the defendant by ordinary mail addressed to defendant at same address, with the return address of the Sheriff appearing thereon, on the ~_.__,__,,_____ I further certify that after fifteen (15) days from the mailing date, I have not received said envelope back from the Postal Authorities. A certificate of mailing is hereto attached as a proof of mailing. ( 3) By publication in the Adams County Legal Journal, a weekly publication of general circulation in the County of Adams, Commonwealth of Pennsylvania, and the Gettysburg Times, a daily newspaper published in the County of Adams, Commonwealth of Pennsylvania and having general circulation in said County for __ ,_ M__".___,__ successive weeks of _ The Affidavits from said Adams County Legal Journal and Gettysburg Times, are hereto attached and made part of this return. ) ( 4) By mailing to by mail, return receipt requested, postage prepaid, on the ___,,_____~,___ ' ,-",----,__".,,_ a true and attested copy thereof at The Authorities marked is hereto attached. ( 5) Other __~.____.______" returned by the Postal ,~..-."'_.-". FIFILES'DA TAFILE\D;'ki~o" ColI'g, 7619\D;'ki~ooCOII,g'COII"<lO~7619C\C,","<l11 8p,"j'dololm C'reated5/131031'16'J3PM Revised.9!JOI04326,40PM 7619CJI8 DICKINSON COLLEGE, Plaintiff v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL V ANrA WILLIAM C. WARREN, Defendant NO. 03-3946 CNIL ACTION-LA W JURy TRIAL OF TWELVE DEMANDED Please reinstate the attached Complaint against Def(~ndant William C. Warren, 123 BrookM<idg, S",", G"""""", P A 17325, i,., """,_""", ~ti". PI"" f,~.. ""'"'p, to the Cumberland County Sheriff's Office to deputize Adams County for service of Complaint. PRAECIPE MARTS ON DEARDORFF WILLIAMS & OTTO Date: September 30, 2004 By David R. Gallowa. , J.D. Number 87326 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff ...., = = ""- c:> (") ~I I r~ :Ji: ~? c:> ....-.........---'- ~..:.;.--=~-~-~'"="~-~.- --- - SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2003-03946 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DICKINSON COLLEGE VS WARREN WILLIAM C R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: WARREN WILLIAM C but was unable to locate Him in his bailiwick. He therefore deputized the sheriff of ADAMS County, Pennsylvania, to serve the within COMPLAINT & NOTICE On October 13th , 2004 , this office was in receipt of the attached return from ADAMS Sheriff's Costs: Docketing Out of County Surcharge Dep Adams County 18.00 9.00 10.00 23.10 .00 60.10 10/13/2004 MDW&O so~~ ~~~- '/.--"/ ~._..- ~- ,~..-,,,... -- " . --:::-- -- ~:-./. / R. Thomas Kline ~ Sheriff of Cumberl~nd County Sworn and sUbscribed~ be~o~e me this ~ day of (~ <<66 c(dfD'f. _ _ tL pr~6yr ~U SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2003-03946 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DICKINSON COLLEGE VS WARREN WILLIAM C R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: WARREN WILLIAM C but was unable to locate Him in his bailiwick. He therefore deputized the sheriff of ADAMS County, Pennsylvania, to serve the within COMPLAINT & NOTICE On October 13th , 2004 , this office was in receipt of the attached return from ADAMS Sheriff's Costs: Docketing Out of County Surcharge Dep Adams County 18.00 9.00 10.00 23.10 .00 60.10 10/13/2004 MDW&O So answers~ _____-.. ~'7 ...----/ ~~.. -.- -,. -~ . ,---. ..-.,..' .- , .' ':::.:;::"'- R. Tho~as Kline ~ Sheriff of Cumberl~nd County Sworn and subscribed~ be~o;e me this ~ day of (~ c{ 06 c(dfD. 7 ., ~.- Proc onoca.y .~U In The Court of Common Pleas of Cumberland County, Pennsylvania Dickinson College VS. William C. Wa=en 03-3946 civil No. Now, October 4, 2004 , T, SHERIFF OF CUMBERLAND COUNTY, P A, do hereby deputize the Sheriff of Adams County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. i"XJ~~<.~ Sheriff of Cum berland County, P A Affidavit of Service Now, ,20_, at o'clock M. served the within upon at by handing to a copy of the original and made known to the contents thereof. So answers, Sheriff of County, PA Sworn and subscribed before me this _ day of ,20_ COSTS SERVICE MILEAGE AFFIDA VIT $ $ ,idlinG:) Sl.fvUV .::IJltl3HS ES :11 '1 S- DO ~OOl 03!\I::J8::::U ~-.:""~~~:C:.O.o.=~....:o:::::"~-:.c___ """"'" . ,,;;\:', '" -~ ~T--'I,;;,".rr ~ IJl,;;,r rl" . .W........ . ADAMS COUNTY, PENNSYLVANIA COURTHOUSE,GETTYSBURG,PA17325 INSTRUCTIONS: See "INSTRUCTIONS FOR SERVICE OF PROCESS BY THE SHERIFF" on the reverse 01 the last (No.5) copy 01 this fOfm. Pktase type or prlntleglbfy, insuring t88d8lbHIty 01 all copies. Do not _ any copies. ACSD ENY.' ,. PLAINTIFFIS/ 2, COURT NUMBER DICKINSON COLLEGE 03-3946 Civil 3, OEFENDANTIS/ 4. TYPE OF WAIT OR COMPLAINT: WILLIAM C. WARREN Reinstated Complaint 5. NAME OF INDIVIDUAL. COMPANY, COAPOAATION, ETC.. TO SERVICE OR DESCRIPTION OF PROPERTY TO BE LEVIED. ATTACHED OR SOLD. SHERIFF SERVICE PROCESS RECEIPT, and AFFIDAVIT OF RETURN SERVE . William C. Warren AT 6. ADDRESS (St.... or RFO, "-' No.. City. Bora. Twp., 5'0'0 and ZIP CODE) c/o Farrah Camel, 123 Breckenridge St., Gettysburg, PA 17325 7. INDICATE UNUSUAL SERVICE: 0 PERSONAL 0 PEASON IN CHARGE 0 DEPUTIZE 0 CERT, MAIL 0 REGISTERED MAIL 0 POSTED 0 OTHER Now, , I, SHERIFF OF ADAMS COUNTY, PA., do hereby deputize the Sheriff o! County to execute this Writ and make return thero! according to law. This deputation being made at the request and risk of the plaintiff. SHERIFF OF ADAMS COUNTY 8, SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE. NOTE ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN-Any deputy sheriff levying upon or anaching any property under within writ may leave same without a watchman, in custody of whomever is lound in possession, aner notifying person of ktvy or anachment, without liability on the part 01 such deputy or the sheriff to any plaintiff herein for any loss, destruction Of removal 01 any such property belOfe sheriff's sale thereof. 9. SIGNATURE of ATTORNEY or other ORIGINATOR requesting service on behalf of: . ]Ii PLAINTIFF DaVJ.d R. Ga lloway, Esq. 0 DEFENDANT 10. TELEPHONE NUMBER (717) 243-3341 11. DATE SPACE BELOW FOR USE OF SHERIFF ONLY - DO NOT WRITE BELOW THIS LINE 12. 1 acknowledge receipt of the writ I SIGNATURE 01 Authorized ACSO Deputy or Clerk and Title 1'3. Date Received 1'4. Expiration I er.tiIQtIl date or complain'o. indica... 000... 10-5-2004 10-31-2004 15. I hereby CERTIFY and RETURN that I 'I. have personally served, 0 have served person in charge, 0 have ~l evldence 01 service as shown in "Remarks" (on reverse) o have posted the above described property with the writ or complaint described on the individual, company, corporation, etc., at the address shown above or on the individual, company, corporation, etc., at the address inserted below by handing/or Posting a TRUE and ATTESTED Copy thereto 16. 0 I hereby certify and return a NOT FOUND because I am unable to locate the individual, company, corporatton, etc., named above. (See remarks below) 17. Name and title of individual served 1'8. A. pW8Dn Of suitlble age and discretion I Read Order . . . then reeidlng in the defendant's usual Farrah Camel, a:iJlt rIE:Iter of ha.isEhlld & ):Et'S(Xl ill charge at tine of setVlce .............0 0 19. Address of where served (complete only if different than shown above) (Street or RFD, Apartment No., City, Boro, Twp., 20. Date of Service 21. Time Slate and ZIP COOE) 10/7/2004 2:35PM 22. ATTEMPTS I De.. I MIIoaI Dap.ln!. 23. Advance Costs I 24. $tl>.OO Hn. Atty. 1J.1l714 DaIa I MOaa I Dep"."1 DaIa I 126 MIIoa Dep"."1 DaIa 27, Total Costa I MIIoaI DeP"."1 Do" I Mil" I Dap.I.'. I 28.ltXi\U(~all REFUND 10/8/04 $126.90 Ck. #11803 25. AFARMED and subscribed to before me this N/A so ANSWER. day 01 By ~lIlep. _ IPlouo Print.. Typo) Jon than Bankert ~ '" SharitI RAYMOND W. NEWMAN De" 1017/2004 Dato 10/7/2004 --- _FF OF ADAlIS COUNTY MY COMMISSION EXPIRES I ACKNOWLEDGE RECEIPT OF THE _FF'S IlETUIIN SIGNATURE OF AUTHORIZED ISSUING AUTHOAITY AND TITLe. I 39. Date Received PROTHONOTARY SHERIFF'S RETURN OF SERVice ( ( 1 ) The within upon defendant by mailing to by prepaid, a true and attested copy thereof at mall, return receipt requested, postage on the , the within named The return receipt signed by defendant on the is hereto attached and made a part of this return. ( ) ( 2) Outside the Commonwealth, pursuant to Pa. R.C.P. 405 (c) (1) (2), by mailing a true and attested copy thereof at in the following manner; ( ) (a) to the defendant by ( ) registered ( ) certified mall, return receipt requested, postage prepaid, addressee only on the said receipt being returned NOT signed by defendant, but with a notation by the Postal Authorities that Defendant refused to accept the same. The returned receipt and envelope Is attached hereto and made a part of this return. And thereafter; ( ) (b) To the defendant by ordinary mail addressed to defendant at same address, with the return address of the Sheriff appearing thereon, on the I further certify that after fifteen (15) days from the mailing date, I have not received said envelope back from the Postal Authorities. A certificate of mailing is hereto attached as a proof of mailing. ( 3) By publication in the Adams County Legal Journal, a weekly publication of general circulation in the County of Adams, Commonwealth of Pennsylvania, and the Gettysburg Times, a dally newspaper published in the County of Adams, Commonwealth of Pennsylvania and having general circulation in said County for successive weeks of The Affidavits from said Adams County Legal Journal and Gettysburg Times, are hereto attached and made part of this return. ( ) (4) By mailing to by mail, return receipt requested, postage prepaid, on the a true and attested copy thereof at The Authorities marked is hereto attached. ( ) (5) Other returned by the Postal . . . David R. Galloway, Esquire MARTS ON DEARDORFF WILLIAMS & OTTO Ten East High Street Carlisle, P A 17013 (717) 243-3341 Attorneys for Plaintiff DICKINSON COLLEGE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 03-3946 CIVIL ACTION-LAW WILLIAM C. WARREN, Defendant JURY TRIAL OF TWELVE DEMANDED TO: WILLIAM C. WARREN, DEFENDANT NOTICE OF ENTRY OF DEFAULT JUDGMENT You are hereby notified that on ill, 2005, the following Judgment was entered against you in the above-captioned case: [IJn the amount of $14,992.90, plus interest in the amount of $1.37 per day from date of judgment and costs of suit for Defendant's failure to file an answer to the Complaint. Date: I hereby certify that the name and address of the proper person to receive this notice under Pa. R. Civ. P. 236 is: Mr. William C. Warren 370 Harvest Drive York,PA 17404 M W LIAMS & OTTO Date: January 25,2005 By Dav' . al way Attorneys for Plaintiff , \\octiOns:\Current\\\s:pr:;AIUX; F;\FlLES\OATAfI.LC\Di<;kinsonCOUege76i9\0> CmUw.: 1/221032:28.:07 PM Revised: 112SI05ltAU7 AM 76\9C.\8 David R. Galloway, Esquire MARTSON DEARDORFF WILLIAMS & OTTO Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DICKINSON COLLEGE, Plaintiff v. NO. 03-3946 CIVIL ACTION-LAW WILLIAM C. WARREN, Defendant JURY TRIAL OF TWELVE DEMANDED PRAECIPE TO THE PROTHONOTARY: Enter default judgment in the above-captioned action in favor of Plaintiff and .mst Defendant in the amount of $14,992.90, plus interest in the amount of$1.37 per day fro' ate of judgment and costs of suit for Defendant's failure to file an answer to the Complaint. I do hereby certify that a written notice of intention to file this Praecipe (in the attached . .. ~~ hereto) was mailed to the Defendant at the address mdlcated thereon, on January 3, 2 e date of th was subsequent to the date default occurred and at least ten (10) days prior j e Praecipe. . .1vfS & OTTO By David R. Galloway, T Ten East High Stref Carlisle, PA 17013 (717) 243-3341 fc\.F1LES\DATAFrLE\DickimonCollege7619\Collections\CulTcmI1] 8.pra4/tde Created, ]/22103 2:2S:07PM Revised: 1/25105 {\,4U7AM 7619C1B 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, PENNSYLVANIA v. NO. 03-3946 CNIL ACTION-LAW WILLIAM C. WARREN, Defendant JURY TRIAL OF TWELVE DEMANDED PRAECIPE TO THE PROTHONOTARY: Enter default judgment in the above-captioned action in favor of Plaintiff and against Defendant in the amount of $14,992.90, plus interest in the amount of$1.37 per day from date of judgment and costs of suit for Defendant's failure to file an answer to the Complaint. I do hereby certify that a written notice of intention to file this Praecipe (in the form attached hereto) was mailed to the Defendant at the address indicated thereon, on January 3, 2005, which date was subsequent to the date default occurred and at least ten (10) days prior to the date of the Praecipe. By David R. Galloway, Esqu' e Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff Dated: January 25,2005 ~~-"< ,..--..'- ,\ ,ll ',,-' V J':';:'::::;) l,c...,,)) ..._,,".~ c;\C::!J ,-.-;;:;' ---....-:::..., F,Fj LES\OATAFI LE\Didi"!;(1!l('ollcg~7{J I q',C(,lkclic"t,;\(!tIT~'H\ I I S.Il,'ll Cr~C\\oc,1 \\l1:'.7!\l4 :'.51PM RC.VISed. ]/_\i(l~ 4,J~PM 7L,19( JI8 David R. Galloway, Esquire MARTS ON DEARDORFF WILLIAMS & OTTO 10 E. High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff DICKINSON COLLEGE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 03-3946 CIVIL ACTION-LAW WILLIAM C. WARREN, Defendant JURY TRIAL OF TWELVE DEMANDED TO: WILLIAM C. WARREN, DEFENDANT IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOu. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAYBE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORT ANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE ALA WYER, THIS OFFICE MAYBE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 Telephone:(717) 249-3166 Dated: January 3,2005 MARTS ON DEARDO F WILLIAMS & OTTO . /") ), (, By ,,":;jf (, David R. Galloway, Esquire' 10 E. High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff CERTIFICATE OF SERVICE I, Tricia D. Eckenroad, an authorized agent of MARTS ON DEARDORFF WILLIAMS & OTTO, hereby certifY that a copy ofthe foregoing Praecipe was served this date by depositing same in the Post Office at Carlisle, P A, first class mail, postage prepaid, addressed as follows: Mr. William C. Warren 370 Harvest Drive York, PA 17404 MARTSON DEARDORFF WILLIAMS & OTTO (.-:-'0$//4 () a;;~/tfO{l ]:riila D. Eckenroaa . Ten East High Street Carlisle, P A 170 I 3 (717) 243-3341 Dated: January 25, 2005 .....-ot;-t:s ~ c:v-:-O ~$O <J'- ~ ~o VJ ~, -c '::P- o ~ .-' q, ce' Q ,';'..:>> "" --ol ? -o~n '- ~.,., f'nc,', ~ r~~ -7--1'\ :ll: .;.,.-..-..'\., <7f'" N :'-9Q %rr.. ,.n ,2,<:,:, - ....t:- -0 ':t.:J, ?~; ~? /" "-"" ~ :J,: ~t:. ~1?\ '1'? t':::!l '.:""?- '?G, a. ~ (J" v:> ...<. , F\F1LES\DAT AF1LE,DickinsonCollege7619\ColJeclions\Currenl\ 118\pra8 Created: 5(23105 4A6PM Revised 512S105 g,SlAM 7619CllR David R. Galloway, Esquire MARTSON DEARDORFF WILLIAMS & OTTO Ten East 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. 03-3946 CIVIL ACTION-LAW WILLIAM C. WARREN, Defendant JURY TRIAL OF TWELVE DEMANDED PRAECIPE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please mark the judgment in the above-captioned case satisfied and issue a certificate reflecting the same. MARTSON DEARDORFF LIAMS & OTTO ("''-, ~~ By David R. Galloway, Esquire I.D. Number 87326 Ten East High Street Carlisle, PA 17013-3093 (717) 243-3341 Attorneys for Plaintiff Date: May 25, 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: Mr. William C. Warren 370 Harvest Drive York. PA 17404 MARTSON DEARDORFF WILLIAMS & OTTO By' J e aylor Te ast High Street Carlisle, P A 17013 (717) 243-3341 Dated: May 25,2005 " ( :> -