Loading...
HomeMy WebLinkAbout03-4902F:\FILES\DATAFILE\Miki .College]619\Dicki...C.11,,Collccti.7619C\D..m is\199-...I wpd\nW Created. 8/4103 1:31PM Rcv ed: 8/26/03 2'.22PM 7619C. 199 ' DICKINSON COLLEGE, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 03- ?QdZ (2 ut C," CIVIL ACTION-LAW CHRISTOPHER W. GERRY 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 TSON David R. Galloway,-] I.D. Number 87326 Ten East High Street Carlisle, PA 17013 (717) 243-3341 & OTTO Attorneys for Plaintiff Date: August 27, 2003 DICKINSON COLLEGE, Plaintiff V. CHRISTOPHER W. GERRY Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03- q90,x_ eiac l CIVIL ACTION-LAW JURY TRIAL OF TWELVE DEMANDED COMPLAINT AND NOW, comes Plaintiff Dickinson College by and through its attorneys, MARTSON DEARDORFF WILLIAMS & OTTO, and hereby avers as follows: 1. Plaintiff Dickinson College is a Pennsylvania educational institution and nonprofit corporation with its principle place of business at West Street, Post Office Box 1773, Carlisle, Cumberland County, Pennsylvania 17013. 2. Defendant, Christopher W. Gerry, is an adult individual with a last known address of 2320 Rising Glen Way, Apartment 301, Carlsbad, San Diego County, California, 92008. 3. On or about September 1, 1998, 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 Plaintiff's institution. A copy of Note #1 is attached hereto as Exhibit "A." 4. On or about December 15, 2000, Defendant entered into an additional Promissory Note - Federal Perkins Loan Program (Note #2) 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 Plaintiff's institution. A copy of Note #2 is attached hereto as Exhibit "B." 5. Note #1 and Note #2 are funds created under Part E of Title IV of the Higher Education Act of 1965 as amended, (hereinafter the "Act") and are subject to the Act and the Federal Regulations issued under the Act. 6. As provided in the Act, Plaintiff acts in a fiduciary capacity in the handling, disbursing and collecting of funds associated with the programs under the Act. 7. The total principal for Note #1 and Note #2 is $5,000.00. 8. Note #1 and Note #2 grant Plaintiff reasonable collection and attorney's fees which Plaintiff has calculated to be $750.00. 9. As of July 15, 2003, the principal and interest due and payable by Defendant to Plaintiff was $5,076.19, plus interest accruing thereafter at $0.66 per day. 10. As of July 15, 2003, the outstanding balance of $5,076.19 represents the total and actual overdue value of the financing provided to Defendant under Note #1 and Note #2 for which Defendant has yet to pay. 11. Plaintiff has fulfilled, performed and complied with all obligations and conditions of Note #1 and Note #2. COUNTI BREACH OF CONTRACT 12. Plaintiff hereby incorporates by reference the averments contained in Paragraphs 1 through 11 of this Complaint. 13. Defendant breached the expressed and implied obligations, conditions and terms of agreement of Note #1 and Note #2 by failing to pay the amounts financed therein. WHEREFORE, Plaintiff demands judgment against Defendant in the amount of $5,076.19, plus interest accruing at $0.66 per day from July 15, 2003, collection and attorneys' fees in the amount of $750.00 and costs of suit. COUNT II IN QUANTUM MERUIT 14. Plaintiff hereby incorporates by reference the averments contained in Paragraphs 1 through 13 of this Complaint. 15. Having requested Plaintiff to loan money, and doing so to the benefit of Defendant, Defendant became liable to Plaintiff for said money. 16. Defendant has been unjustly enriched by accepting said money without paying Plaintiff reasonable compensation therefor. 17. As of July 15, 2003, the total amount by which Defendant has become enriched is $5,076.19, plus interest in the amount of $0.66 per day from July 15, 2003. WHEREFORE, Plaintiff demands judgment against Defendant, Christopher W. Gerry, in the amount of $5,076.19, plus interest in the amount of $0.66 per day from July 15, 2003, collection and WHEREFORE, Plaintiff demands judgment against Defendant, Christopher W. Gerry, in the amount of $5,076.19, plus interest in the amount of $0.66 per day from July 15, 2003, collection and attorneys' fees in the amount of $750.00 and costs of suit. TTO Ten East High Street Carlisle, PA 17013-3093 (717) 243-3341 Attorneys for Plaintiff Date: September 15, 2003 Lama x. vauoway I.D. Number 87326 FEDERAL PERKINS LOAN PROMISSORY NOTE 00273-000-0 3512-09 F l'r`1? •II is .,. .. 1. Name (last, first, middle initial) and 2. Social Security Number Permanent Address (street, city, state, zip code) - • _ ? Gerry, Christopher 14 Fenway Rd. Cape Elizabeth, ME W. 04107-9630 k-/V I I, I o 3. Date of Birth O vI ?V Iq 4. Area Code/Telephone Number ,(207) 767-5549 -7(.-7 -7nP' 5. Driver's License Number (List state abbreviation first) 8-70a? ?X 6. School Name & Address (street, city, state, zip Dickinson College P.O. Box 1773 Carlisle, PA 17013-2896 TERMS AND CONDITIONS: 7. Borrower Status 8.lnterest n Hag-time a greater ? Less than har-time I S /O 9. Loan Amount: ss1n . 00 DOD 10. Loan Period 1998-1999 [Any bracketed clause or paragraph may be included at option of untitudon.( APPLICABLE LAW - The terms of this note and any disbursements made under this note shall be interpreted in accordance with Part E of Title IV of the Higher Education Act of 1965. as amended (hereinafter called the Act), as well as Federal regulations issued under the Act. All sums advanced under this note are subject to the Act and Federal regulations issued under the Act. REPAYMENT - I am obligated to repay the principal and the interest that accrues on it to the above-named institution (hereinafter called the school) over a period beginning 9 months (or sooner if 1 am a less than a half-time borrower) after the date I cease to be at least a half-time student at an Institution of higher education or a comparable school outside the United States approved by the United States Secretary of Education (hereinafter called the Secretary) and ending 10 years later. unless 1 request in writing that my repayment period begin sooner. 1 understand that the school will report the amount of my installment payments. along with the amount of this loan to a national credit bureau. Interest on this loan shall accrue from the beginning of the repayment period. My repayment period may be shorter than 10 years if I am required by my school to make minimum monthly payments. Upon my written request my repayment period may be extended during periods of deferment, hardship, or forbearance and I may make graduated installments in accordance with a schedule approved by the Secretary. I will make my installment payments in equal monthly, bimonthly or quarterly installments as determined by the school. The school may found my installment payment to the next highest multiple of $5. (I will make a minimum monthly repayment of $40 (or $30 if 1 have outstanding Federal Perkins loans made before October 1, 1992 that included the $30 minimum payment option) in accordance with the Minimum Monthly Payment Section of the Terms and Conditions contained on the reverse side of this document.) LATE CHARGES - The school will impose late charges if I do not make a scheduled payment when due or if I fail to submit to the school on or before the due date of the payment, a properly documented written request that I qualify for any of the forbearance, deferment or cancellation benefits as described below. No late charges may exceed 20% of my monthly. bimonthly or quarterly payment. The school may add the late charges to principal the day after the scheduled repayment was due or include it with the next scheduled repayment after I have received notice of the charge, and such notice is sent before the next installment is due. REQUESTS FOR DEFERMENT, CANCELLATION OR FORBEARANCE - To receive deferment, cancellation, or forbearance benefits, 1 most 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 fail to file my request on time. DEFAULT - If I fail to make a scheduled payment when due: If I fail to submit to the school, on or before the due date of a scheduled payment, documentation that I qualify for a deferment, cancellation, or forbearance: or if 1 fail to comply with the terms and conditions of this promissory note or written repayment agreement, the school may, at its option, declare my loan to be in default and may accelerate my loan (demand immediate payment of the entire unpaid balance of the loan, including principal, interest, late charges, and collection costs). The school, and the Secretary, if my loan is assigned to the Secretary for collection. shall disclose to credit bureau organizations that 1 have defaulted and all other relevant loan information. 1 will lose my right to defer payments and my right to forbearance if I default on my loan. I will lose my right to receive cancellation benefits for service that is performed after the date the school accelerated the loan. 1 will be ineligible for any further federal student financial assistance authorized under the Act until I make arrangements that are satisfactory to the school or the Secretary to repay my loan. CHANGE OF STATUS - 1 will inform the school of any change in my name, address, telephone number, Social Security number, or driver's license number. ASSIGNMENT -This note may be assigned by the school only to the United States. The provisions of this note that relate to the school shall where appropriate relate to the assignee. PROMISE TO PAY: I promise to pay the school, or a subsequent holder of the Promissory Note, the sum of amount(s) advanced to me under the terms of this Note, plus interest and other fees which may become due as provided in this Note. 1 promise to pay all reasonable collection costs, including attorney fees and other charges, necessary for the collection of any amount not paid when due. I will not sign this Note before reading it, including the provisions on the reverse side. This loan has been made to me without s ity or endorsement. My signature certifies I have read, understand, and agree to the terms and conditions of this Promissory Note. THIS IS A LOAN(S) THAT ML BE REPAID Borrower's Signature Date: Terms and Conditions (conc.) HARDSHIP REPAYMENT OPTIONS - Upon my written request, if I qualify as a low-income individual during the repayment period, the school may extend the repayment period for up to an additional ten (10) years and may adjust any repayment schedule to reflect my income. Upon my written request, the school may extend the repayment period if, in its opinion, prolonged illness or unemployment prevent me from making the scheduled repayments during which time interest will continue to accrue. The school may permit me to pay less than the minimum monthly repayment rate for a period of not more than one year at a time if I experience a period of prolonged illness or unemployment except such action may not extend the repayment period beyond 10 years. GRACE PERIODS - My initial grace period before beginning repayment is 9 months. If I am a Less-Than-Half-Time Borrower with outstanding Federal Perkins Loans, my repayment begins when the next scheduled installment of my outstanding loan is due. B I am a Less-Than-Half-Time Borrower with no outstanding Federal Perkins Loans, my repayment begins the earlier of: 9 months from the date my loan was made, or 9 months from the date I became less than a half-time student, even if I received the loan after I became a less than half-time student. My payments will resume after a post-deferment grace period of 6 months that follows deferments that apply to Federal Perkins loans. PREPAYMENT - I may prepay all or any part of my unpaid loan balance, plus any accrued interest, at any time without penalty. Amounts I repay in the academic year in which the loan was made and before the initial grace period has ended will be used to reduce the amount of the loan and will not he considered a prepayment. If I repay amounts during the academic year in which the loan was made and the initial grace period ended, only those amounts in excess of the amount due for any repayment period shall be considered a prepayment. If, in an academic year other than the award year in which the loan was made. I repay more than the amount due for an install- ment, the excess will be used to repay principal unless I designate it as an advance payment of the next regular installment. MINIMUM MONTHLY PAYMENT - I will make a minimum monthly repayment of $40 (or $30 if I have outstanding Federal Perkins loans made before October 1, 1992 that included the $30 minimum payment option) if required by the school. If the total monthly repayment rate on this loan and any outstanding Federal Perkins loans I may have is less than the minimum monthly repayment rate established by the school, the school may still require a minimum monthly repayment rate. A minimum monthly repayment amount will combine my obligation on this and all my outstanding Federal Perkins loans, including those made at other schools. The potion of the minimum monthly payment that will be applied to this loan will be the difference between the minimum monthly payment and the total amounts owed at a monthly rate on my other Federal Perkins loans. If each school holding my outstanding Federal Perkins loans exercises the minimum monthly payment option, the minimum monthly repayment will be divided among the schools in proportion to the amount of principal advanced by each school. FORBEARANCE - Upon making a properly documented written request to the school. I am entitled to forbearance of principal and interest or principal only. renewable at intervals up to 12 months for periods that collectively do not exceed three years, under the following conditions: If my monthly Title IV loan debt burden equals or exceeds 20% of my total monthly gross income; if the Secretary authorizes a period of forbearance due to a national military mobilization or other national emergency; or if the school determines that I qualify due to poor health or for other reasons, including service in AmeriCorps. Interest accrues during any period of forbearance. DEFERMENTS - Upon making a properly documented written request to the Khoo], I may defer making scheduled installment payments and will not be liable for any interest that might otherwise accrue 1) during any period that I am: enrolled and attending as a regular student in at least a half-time course of study at an eligible school: enrolled and attending as a regular student a graduate fellowship program approved by the Secretary; engaged in graduate or post-graduate fellowship-supported study outside the US: enrolled and attending a rehabilitation training program for disabled individuals approved by the Secretary; engaged in public service that 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 btrt unable to find full-time employment, 3) for a period not to exceed three years during which I am experiencing an economic hardship as determined by the school, I am not eligible for a deferment while serving in a medical internship or residency program. I may continue to defer making scheduled installment payments and will not he liable for any interest that might otherwise accrue for a six-month period immediately following the expiration of any deferment period described in this paragraph. CANCELLATIONS Upon making a properly documented written request to the school, I am entitled to have up to 100% of the original principal loan amount of this loan canceled if I perform qualifying service in the areas listed in paragraphs A, B, C. D and E below. Qualifying Service most be performed after I receive the loan. A. Teaching • a full-time teacher in a public or other nonprofit elementary or secondary school, that has been designated by the Secretary in accordance with the provisions of section 465(a) (2) of the Act as a school with a high concentration of students from low-income families. An official Directory of designated low-income schools is published annually by the Secretary. • a full- time special education teacher in a public or nonprofit elementary or secondary school system. • a full-time teacher, in a public or other nonprofit elementary or secondary school system, who teaches mathematics, science, foreign languages, bilingual education, or any other field of expertise that is determined by the State Department of Education to have a shortage of qualified teachers in that State. B. Early Intervention Services • a full-time qualified professional provider of early intervention services in a public or other nonprofit program under public supervision by a lead agency as authorized by section 672(2) of the Individuals with Disabilities Education Act. Early Intervention Services are provided to infants and toddlers with disabilities. C. Law Enforcement or Corrections Officer • a full-time law enforcement officer for an eligible local, State, or Federal law enforcement agency, or • a full-time corrections officer for an eligible local. State. or Federal corrections agency. D. Nurse or Medical Technician • a full-time nurse providing health care services: or • a full-time medical technician providing health care services. E. Child or Family Service Agency • a full-time employee of an eligible public or private non-profit child or family service agency who is providing or supervising the provision of services to high-risk children who are from low- income communities and the families of such children. Cancellation Rates - For each completed year of service under paragraphs A. B, C, D and E a portion of this loan will be canceled at the following rates: • 15% of the original principal loan amount for each of the first and second years ; • 20% of the original principal loan amount for each of the third year and fourth years: and • 30% of the original principal loan amount for the fifth year- F. Head Start Cancellation - Upon making a properly documented written request to the school, I am entitled to have up to 100% of the original principal loan amount canceled for qualifying service performed after I receive the loan as: • a full-time staff member in the educational component of a Head Start program which is operated for a period comparable to a full school year and which pays a salary comparable to an employee of the local educa- tional agency. Cancellation Rate - For each completed year of service under the Head Start Cancellation provision, this loan will be canceled at the rate of 15% of the original principal loan amount. G. Military Cancellation - Upon making a properly documented written request to the school, I am entitled to have up to 50% of the principal amount of this loan canceled for qualifying service performed after I receive the loan as: • a member of the 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. 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 Khoo], I am entitled to have up to 70% of the original principal loan amount of this loan canceled for qualifying service performed after I received the loan as: • a volunteer under the Peace Corps Act; • a volunteer under the Domestic Volunteer Service Act of 1973 (ACTION programs). Cancellation Rate - For each completed year of service under the Volunteer Service Cancellation provision, a portion of this loan will be canceled at the following rates: 15% of the anginal principal loan amount for each of the first and second 12-month periods of service: and • 20% of the original principal loan amount for each of the third and fourth 12-month periods of service. 1. Death and Disability Cancellation - In the event of my death, the Khoo] will cancel the total amount owed on this loan. If I become permanently and totally disabled after I receive this loan, the Khoo] will cancel the total amount owed on this loan. PERKINS (NDSL) TRUTH-IN-LENDING STATEMENT DICKINSON COLLEGE Account Number 00273-000-00-3612-09 Name of Borrower rhrictnphpr W. fprry Address 14 Fenway Rd. Cape Elizabeth, ME 04107-9630 ANITUAL PERCENTAGE RATE The cost of your credit as a yearly rate. Prior to During repayment repayment AMOUNT FINANCED The amount of credit provided to you. o % 6 % $ 7 000.00 Itemization of the Amount Financed: $9 Ono nn Amount given directly to you 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 pay off early, you will not have to pay a penalty. See your promissory note for any additional information about nonpayment, de- fault, any required repayment in full before the scheduled date, and pre- payment. TEE BORROWER NOWLEDGES RECEIPT OF AN EXACT COPY OF THIS STATEMENT. STUDENT INSTITUTIONAL ? BORROWER REPRESENTATIVE ,e! g c _ DATE 9?t??g DATE ?j?/%?j Dickinson College Perkins Pre-Loan Information Sheet PLEASE PRINT (?//'•1? }I_ 4 1 1 Name: LJV\?l?lb?? lam) ?? df Date College Address: a I' HUB # -7 q?, Telephone Number 1C`l? ?Y,C% ac? Street (incl. Apt. No.) Permanent Address: C (? Street (incl. Apt. No.) CAJn,l ll?• r _ r I 1I City, State and Zip F("?-( Ln g.}b, me- oV(1-7 Telephone Number 7 Social Security No. Hirthdate UI ?C?C( Drivers License No. State M C illl- Exp. Graduation Date Parent or Guardian: ?1 11 Name: Street (incl. Apt. No.) lG'? F(/N"r? ??- City, State and Zip Code / -CVk, .??7 i1p.?cr?t?..1 C, (Q Telephone Number I ,, ?•, `7 ` l 1 ? G--] - (?) 1V 1J Parent or Guardian Employer' Na{me ?-?-?I)i`ti ?a LL? ??-f ?i Employer's Address: ? ?"LJ ?rdYt\ ilk,,,s ?la F? d? t Mf t A,- &-f tell Three references: (Individuals who will always know your address) Name: Street (incl. Apt. ND.) ?? ?? Z? ' ?(v City, state and Zip Code ( ??G I ri 'n C? ?? Telephone Number ? ?.t? °s `` ? ? di rr q p p s 1 Name: Street (incl. Apt. No.) City, State and Zip Code Telephone Number ??? Nam e: Street (incl. Apt. No.) j / i'? 1'(,??.•.Z,f li..?. - __r City, State and Zip Code L Ora- Fj Telephone Number ?v^- ?? 7 (? ?, d FEDERAL PERKINS LOAN PROMISSORY NOTE WWI =@I 1. Name (last, first, middle initial) and 2. Social Security Number Permanent Address (street, city, state, zip code) 3?, / a -C"! (Do e') - 19 C,-, - IC 3'I her ?1 3. Date of Birth C ?rry Chrpp;sr P Dj5 ?ZfwJC?? 1 CCU<? 4. Area ode/TelephoneNumber MC b410l-?I?a3v M7) ?Q- ?3q8 5. Driver!;-License Number (List state abbreviation first) 6. School Name & Address (street, city, state, zip code) Dickinson College P.O. Box 1773 Carlisle, PA 17013-2896 TERMS AND CONDITIONS: 7. Borrower Status L Hag-tlme a greater ? Less than hag-time 3co0, co 8. Interest 9. Loan Amount: I 10. 5% Period CO -c I [Any bracketed clause or paragraph may be included at option of institution. I APPLICABLE LAW - The terms of this note and any disbursements made under this note shall be interpreted in accordance with Part E of Title IV of the Higher Education Act of 1965. as amended (hereinafter called the Act), as, well as Federal regulations issued under the Act. All sums advanced under this note are subject to the Act and Federal regulations issued under the Act. REPAYMENT - 1 am obligated to repay the principal and the interest that accrues on it to the above-named institution (hereinafter called the school) over a period beginning 9 months (or sooner if I am a less than a half-time borrower) after the date I cease to be at least a half-time student at an Institution of higher education or a comparable school outside the United States approved by the United States Secretary of Education (hereinafter called the Secretary) and ending 10 years later, unless 1 request in writing that my repayment period begin sooner. I understand that the school will report the amount of my installment payments, along with the amount of this loan to a national credit bureau. Interest on this loan shall accrue from the beginning of the repayment period. My repayment period may be shorter than 10 years if 1 am required by my school to make minimum monthly payments. Upon my written request my repayment period may be extended during periods of deferment, hardship, or forbearance and I may make graduated installments in accordance with a schedule approved by the Secretary. 1 will make my Installment payments in equal monthly, bimonthly or quarterly installments as determined by the school. The school may round my installment payment to the next highest multiple of $5. 11 will make a minimum monthly repayment of $40 (or $30 if I have outstanding Federal Perkins loans made before October 1. 1992 that included the $30 minimum payment option) in accordance with the Minimum Monthly Payment Section of the Terms and Conditions contained on the reverse side of this document.] LATE CHARGES - The school will impose late charges If I do not make a scheduled payment when due or if 1 fail to submit to the school on or before the due date of the payment, a properly documented written request that 1 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. 1 am responsible for submitting the appropriate requests on time, and I may lose my benefits if I fail to file my request on time. DEFAULT - If I fail to make a scheduled payment when due: if I fail to submit to the school, on or before the due date of a scheduled payment. documentation that I qualify for a deferment, cancellation, or forbearance; or if I fail to comply with the terms and conditions of this promissory note or written repayment agreement. the school may, at its option, declare my loan to be in default and may accelerate my loan (demand immediate payment of the entire unpaid balance of the loan, including principal. interest, late charges, and collection costs). The school, and the Secretary, if my loan is assigned to the Secretary for collection, shall disclose to credit bureau organizations that I have defaulted and all other relevant loan information. I will lose my right to defer payments and my right to forbearance if I default on my loan. I will lose my right to receive cancellation benefits for service that is performed after the date the school accelerated the loan. I will be ineligible for any further federal student financial assistance authorized under the Act until I make arrangements that are satisfactory to the school or the Secretary to repay my loan. CHANGE OF STATUS - 1 will inform the school of any change in my name, address, telephone number, Social Security number, or driver's license number. ASSIGNMENT - This note may be assigned by the school only to the United States. The provisions of this note that relate to the school shall where appropriate relate to the assignee. PROMISE TO PAY. I promise to pay the school, or a subsequent holder of the Promissory Note. the sum of amount(s) advanced to me under the terms of this Note, plus interest and other fees which may become due as provided in this Note. I promise to pay all reasonable collection costs, including attorney fees and other charges, necessary for the collection of any a -sot paid when due. 1 will not sign this Note before reading it. including the provisions on the reverse side. This loan has been made, to me without security or dorsement. My signature certifies I have read. understand, and agree to the terms and conditions of this Promissory Note. THIS IS A LOAN(S) THAT MUST BF/REPAID --? Borrower s Signature z??l Date: Terms and Conditions (cont.) HARDSHIP REPAYMENT OPTIONS - Upon my written request, if I qualify as a low-income individual during the repayment period, the school may extend the repayment period for up to an additional ten (10) years and may 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 prolonged illness or unemployment except such action may not extend the repayment period beyond 10 years. GRACE PERIODS - My initial grace period before beginning repayment is 9 months. If I am a Less-Than-Half-Time Borrower with outstanding Federal Perkins Loans, my repayment begins when the next scheduled installment of my outstanding loan is due. If I am a Less-Than-Half-Time Borrower with no outstanding Federal Perkins Loans, my repayment begins the earlier of 9 months from the date my loan was made, or 9 months from the date I became less than a half-time student, even if I received the loan after I became a less than half-time student. My payments will resume after a post-deferment grace period of 6 months that follows deferments that apply to Federal Perkins loans. PREPAYMENT - I may prepay all or any part of my unpaid loan balance. plus any accrued interest, at any time without penalty. Amounts I repay in the academic year in which the loan was made and before the initial grace period has ended will be used to reduce the amount of the loan and will not be considered a prepayment. If I repay amounts during the academic year to which the loan was made and the initial grace period ended, only those amounts in excess of the amount due for any repayment period shall be considered a prepayment. If, in an academic year other than the award year in which the loan was made, I repay more than the amount due for an install- ment, the excess will be used to repay principal unless I designate it as an advance payment of the next regular installment. MINIMUM MONTHLY PAYMENT - I will make a minimum monthly repayment of $40 (or $30 if I have outstanding Federal Perkins loans made before October 1, 1992 that included the $30 minimum payment option) if required by the school. If the total monthly repayment rate on this loan and any outstanding Federal Perkins loans I may have is less than the minimum monthly repayment rate established by the school. the school may still require a minimum monthly repayment rate. A minimum monthly repayment amount will combine my obligation on this and all my outstanding Federal Perkins loans, including those made at other schools. The portion of the minimum monthly payment that will be applied to this loan will be the difference between the minimum monthly payment and the total amounts owed at a monthly rate on my other Federal Perkins loans. If each school holding my outstanding Federal Perkins loans exercises the minimum monthly payment option, the minimum monthly repayment will be divided among the schools in proportion to the amount of principal advanced by each school. FORBEARANCE - Upon making a properly documented written request to the school. I am entitled to forbearance of principal and interest or principal only, renewable at intervals up to 12 months for periods that collectively do not exceed three years, under the following conditions: If my monthly Title N loan debt burden equals or exceeds 20% of my total monthly gross income: if the Secretary authorizes a period of forbearance due to a national military mobilization or other national emergency: or if the school determines that I qualify due to poor health or for other reasons, including service in AmeriCorps. Interest accrues during any period of forbearance. DEFERMENTS - Upon making a properly documented written request to the school, I may defer making scheduled hsmilment payments and will not be liable for any interest that might otherwise accrue 1) during any period that I am: enrolled and attending as a regular student in at least a half-time course of study at an eligible school; enrolled and attending as a regular student a graduate fellowship program approved by the Secretary, engaged in graduate or post-graduate fellowship-supported study outside the US; enrolled and attending a rehabilitation training program for disabled individuals approved by the Secretary. engaged in public service that quakes me to have part or all of my loan canceled; 2) for a period not to exceed three years during which I -am seeking but unable to find full-time employment. 3) for a period not to exceed three years during which I am experiencing are economic hardship as determined by the school. I am not eligible for a deferent 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 reques.. to the school, I am entitled to have up to 100% of the original principal loan amount of this loarm canceled if I perform qualifying service in the new listed in paragraphs A, B, C, D and h below. Qualifying Service most be performed after I receive the loan. A. Teaching • a full-time teacher in a public or other nonprofit elementary or secondary school, that has been designated by the Secretary in accordance with the provisions of section 465(a) (2) of the Act as a school with a high concentration of students from low-income families. An official Directory of designated low-income schools is published annually by the Secretary. • a full- time special education teacher in a public or nonprofit elementary or secondary school system. • a full-time teacher, in a public or other nonprofit elementary or secondary school system, who teaches mathematics, science, foreign languages, bilingual education, or any other field of expertise that is determined by the State Department of Education to have a shortage of qualified teachers in that State. B. Early Intervention Services • a full-time qualified professional provider of early intervention services in a public or other nonprofit program under public supervision by a lead agency as authorized by section 672(2) of the Individuals with Disabilities Education Act. Early Intervention Services are provided to infants and toddlers with disabilities. C. Law Enforcement or Corrections Officer • a full-time law enforcement officer for an eligible local. State. or Federal law enforcement agency; or - a full-time corrections officer for an eligible local, State, or Federal corrections agency D. Nurse or Medical Technician • a full-time nurse providing health care services; or • a full-time medical technician providing health care services. E. Child or Family Service Agency' a full-time employee of an eligible public or private non-profit child or family service agency who is providing or supervising the provision of services to high-risk children who are from low- income communities and the families of such children. Cancellation Rates - For each completed year of service under paragraphs A, B, C, D and E a portion of this loan will be canceled at the following rates: • 15% of the original principal loan amount for each of the first and second years; • 20% of die original principal loan amount for each of the third year and fourth years; and • 30% of the original principal loan amount for the fifth year. F. Head Start Cancellation - Upon making a properly documented written request to the school, I am entitled to have up to 100% of the original principal loan amount canceled for qualifying service performed after I receive the loan as: • a full-time staff member in the educational component of a Head Start program which is operated for a period comparable to a full school year and which pays a salary comparable to an employee of the local educa- tionalagency. Cancellation Rate - For each completed. year of service under the Head Start Cancellation provision, this loan will be canceled at the rate of 15% of the original principal loan amount. G. Military Cancellation - Upon making a properly documented written request to the school, I am entitled to have up to 50% of the principal amount of this loan canceled for qualifying service performed after I receive the loan as: • a member of the Armed Forces of the United States in an area of hostilities that qualifies for special pay under section 310 of Tide 37 of the United States Code. Cancellation Rate - For each completed year of service under the Military Cancellation provision, this loan will be canceled at the rate of 12 bd2% of the original principal loan amount. H. Volunteer Service Cancellation - Upon making a properly documented written request to the school, I am entitled to have up to 70% of the original principal loan amount of this loan canceled for qualifying service performed after I received the loan as: • a volunteer under the Peace Corps Act, • a volunteer under the Domestic Volunteer Service Act of 1973 (ACTION programs). Cancellation Rate - For each completed year of service under the Volunteer Service Cancellation provision, a portion of this loan will be canceled at the following rates: • 15% of the original principal loan atnourmtfor each of the first and second 12month 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 permanently and totally disabled after I receive this loan. the school will cancel the total amount owed on this loan. PERKINS (NDS1.) TRUTH-IN-LENDING STATEMENT DICdINSON COLLEGE Account Number Name of Borrower Address (_?, I D-c`1 (';hrI ,,+,fher C-er,-?/ ANNUAL PERCENTAGE RATE The cost of your credit as a yearly rate. Prior to During repayment repayment AMOUNT FINANCED The amount of credit provided to you. 0 7. 5 R $ JUUU .OU Itemization of the Amount Financed: $ 3000 C )O Amount given directly to you. 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 pay off early, you will not have to pay a penalty. See your promissory note for any additional information about nonpayment, de- fault, any required repayment in full before the scheduled date, and pre- payment. THE BORROWER ACR DOES RECEIPT OF AN EXACT COPY OF THIS STATEMENT. STUDENT' INSTITUTIONAL ,11 BORROWER REPRESENTATIVE?? In ?CYL?J t 4 DATE `al K `coo DATE VERIFICATION I, THOMAS MEYER, Assistant Treasurer of Dickinson College, acknowledge that I have the authority to execute this Verification on behalf of Dickinson College and certify that the foregoing Complaint is based upon information which has been gathered by my counsel in the preparation of this lawsuit. The language of this Complaint is that of counsel and not my own. I have read the document and to the extent that this Complaint is based upon information which I have given to my counsel, it is true and correct and to the best of my knowledge, information and belief. To the extent that the content of this Complaint is that of counsel, I have relied upon counsel in making this Verification. This statement and Verification are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities, which provides that if I knowingly make false averments, I may be subject to criminal penalties. Dickinson College Thomas Meyer Assistant Treasurer icHnson College Dated: September 15, 2003 ,\• N W W ??? ? ? v -1 F TILES\ ATAFILE\Dickmscn ColleB 9619\DickimonColle8 Collections9619C\Cunent\Fom \199-prat/nlm Crated. W23/04 10 36AM Redsed'. 8/23104 1108A 7619C.199 DICKINSON COLLEGE, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 03- 4902 CIVIL ACTION-:LAW CHRISTOPHER W. GERRY, Defendant JURY TRIAL OF TWELVE DEMANDED PRAECIPE Please reinstate the attached Complaint against Christopher W. Gerry, 14 FenwayRoad, Cape Elizabeth, ME 04107, in the above-captioned action and return same to the undersigned for service. MARTSON By David R. Galloway, ] I. D. Number 87326 Ten East High Street Carlisle, PA 17013 (717) 243-3341 WILLIAMS & OTTO Date: August 23, 2004 Attorneys for Plaintiff c, r r;; F \FILES\DATAFILE\DickinsonCollege7619\Collections\Current\199.pra2 Created 1114/04 3 28PM Revised 11/4/04 4:28PM 7619C.199 David R. Galloway, Esquire MARTSON DEARDORFF WILLIAMS & OTTO 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff DICKINSON COLLEGE, Plaintiff V. CHRISTOPHER W. GERRY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03- 4902 CIVIL ACTION-LAW : JURY TRIAL OF TWELVE DEMANDED PRAECIPE TO DOCUMENT SERVICE & COST OF SERVICE PURSUANT TO THE PENNSYLVANIA LONG ARM STATUTE I hereby certify that a copy of the Complaint was mailed to Mr. Christopher W. Gerry on October 20, 2004, by certified mail, restricted delivery, return receipt requested. Attached is the Post Office return receipt signed, and the US Postal Service Track and Confirm Status sheet. Cost of service was $8.38. MARTSON D David R. Galloway, Esqi I.D. No. 87326 10 E. High Street Carlisle, PA 17013-3093 (717) 243-3341 WILLIAMS & OTTO Date: November 5, 2004 Attorneys for Plaintiff ita ' ete ite i'ri)t t4!fResta 1. ? sO that°4r nar sa l q a?kIkvec._eana ",76-0 , rUary2oo4 Retail= -r c0 .0 , co "tj k, $ FT r ?* CA Po: r-I postage D r? o Certlfieo rl v ,,edited Fee e t Fes I 'rj Sj +r ? Cp ? ,? Ft ReGepu O (Endorsement Req Q p Retum m R } (Endorseme p ? y.? r- ri ted Delivery. Restric O (En t Req'j' dersemen ? estricted Delive sired) R ant Re4 (Endorsem' : "' j 6C)e6r s ? Total Poste e & F ? Tom} po fn ??(p???.l 1 (?QE fr? ?1?D??C. ?' ` C?QISTppNGl2 C3 to Ll? ntT0 ? r ?V ! v5 o?----- p t r?o : p ---- IV ?x 1w. or PO 5??PanE n N: sisie:P+d . city. 909 5 G10 i pe?,tiNo box. ?n a. i -LISPS - Track & Confirm Page 1 of 1 Track & Confirm Current Status You entered 7003 1010 0001 1188 8474 Your item was delivered at 2:58 pm on October 25, 2004 in SAN DIEGO, CA 92109. Notification Options ? Track & Confirm by email What is this? Track & Confirm Enter label number: r Track & Confirm FAQs e POSTAL INSPECTORS site map contact us government services Preserving the Trust Copyright ©1999-2002 LISPS. All Rights Reserved. Terms of Use Privacy Policy http://trkcnfrml.smi.usps.com/netdata-cgi/db2www/cbd 243.d2w/ou-tput 11/4/2004 CERTIFICATE OF SERVICE I, Jean Taylor, an authorized agent of Martson Deardorff Williams & Otto, hereby certify that a copy of the foregoing Praecipe was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Mr. Christopher W. Gerry 881 Thomas Avenue Unit #21 San Diego, CA 92109 MARTSON DEARDORFF WILLIAMS & OTTO Jean ylor 10 E igh Street Carlisle, PA 17013 (717) 243-3341 Dated: November 5, 2004 r.: c = C) z t !Tl a CD -'y r" P Cy ! ! ul rep ? C" f m .._ ' r'n FiFILL$VDATAPI LFVD.aklnsonCollege]619AColleolioneACurrenp199A,)a3idrg 0,,a,d. 1123103 2 38 07 PM R,,,,ed 3/32105 830-10 AM 7619CI99 David R. Galloway, Esquire MARTSON DEARDORFF WILLIAMS & OTTO Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff DICKINSON COLLEGE, Plaintiff IN THE COURT OF CUMBERLAND CC ON PLEAS OF PENNSYLVANIA V. CHRISTOPHER W. GERRY, Defendant TO THE PROTHONOTARY: NO. 03- 4902 CIVIL ACTION-LAW JURY TRIAL OF TWEL DEMANDED PRAECIPE Enter default judgment in the above-captioned action in favor Defendant as follows: Principal plus interest through July 15, 2003: Interest from July 15, 2003, through March 22, 2005: Attorneys' fees: Total Judgment: Costs of suit and interest accruing at $0.66 per day from March 22, the Judgment for Defendant's failure to file an Answer to the Complaint. I do hereby certify that a written notice of intention to file this Praecil hereto) was mailed to Defendant at his last known address on or about Dec date was subsequent to the date default occurred and at least ten (10) days Praecipe. MARTSON Dated: March 22, 2005 By David R. Galloway, E! Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff Plaintiff and against $ 5,076.19 $ 406.56 $ 750.00 $ 6,232.75 shall be added to (in the form attached 20, 2004, which to the date of the & OTTO CERTIFICATE OF SERVICE I, David R. Galloway, an authorized agent of MARTSON DEARD RFF WILLIAMS & OTTO, hereby certify that a copy of the foregoing Praecipe was served th s date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, a dressed as follows: Christopher W. Gerry 881 Thomas Ave., Unit 421 San Diego, CA 92109 MARTSON DEARDORFF WtLLIAMS & OTTO By David R. Galloway Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: March 22, 2005 Sol ?::, tcr;? ?ti ^?3m S fj r in 7c c, Ta mac- .% David R. Galloway, Esquire MARTSON DEARDORFF WILLIAMS & OTTO Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff DICKINSON COLLEGE, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 03- 4902 CIVIL ACTION-LAW CHRISTOPHER W. GERRY, Defendant JURY TRIAL OF TWELV DEMANDED TO: CHRISTOPHER W. GERRY, DEFENDANT You are hereby notified that on M1,14 i a- , 2005, the folk wing Judgment was entered against you in the above-captioned case as follows: Principal plus interest through July 15, 2003: $ 5,076.19 Interest from July 15, 2003, through March 22, 2005: $ 406.56 Attorneys' fees: $ 750.00 Total Judgment: $ 6,232.75 Costs of suit and interest accruing at $0.66 per day from March 22, 2 05, shall be added to the Judgment for Defendant's failure to file an Answer to the Complai I hereby certify that the name and address of the proper person to Pa. R. Civ. P. 236 is: Christopher W. Gerry 881 Thomas Ave., Unit #21 San Diego, CA 92109 this notice under & OTTO Date: March 22, 2005 By David R. Gal owa v Attorneys for Plaintiff i y F:\FILES\C1ien%\7619 Dickinson Co11e9e\C01kdi0ns\Curr-t\199\7619C.199.pra Created: 12/20/04 10:44AM Revised: 10122109 9.11AM 7619C. 199 Christopher E. Rice, Esquire I.D. No. 90916 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff DICKINSON COLLEGE, Plaintiff V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03- 4902 CIVIL ACTION-LAW CHRISTOPHER W. GERRY, Defendant To the Prothonotary: JURY TRIAL OF TWELVE DEMANDED PRAECIPE Please mark the judgment in the above-referenced matter satisfied and the action discontinued. MARTSON LAW OFFICES BY: S. a__ Christopher E. Rice, Esquire I.D. 90916 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Date: ?? _ Z 2 - 0 /1 Attorneys for Plaintiff CERTIFICATE OF SERVICE I, Mary M. Price, an authorized agent of MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER, hereby certify that a copy of the foregoing Praecipe was served this date by email as follows: Mr. Christopher Gerry Christopher eg_rry2mail.com MARTSON LAW OFFICES By M . Price Ten ast High Street Carlisle, PA 17013 (717) 243-3341 Dated: / ?") THIS IS A DEBT COLLECTING FIRM ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. ? ., ?,?:t, R