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Home My WebLink About03-5717DICKINSON COLLEGE, Plaintiff CLARA G. WESSINGER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2003- ~z"?/ 7 ~J~ CIVIL ACTION-LAW JURY TRIAL OF TWELVE DEMANDED NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiffs. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. 11c 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. 117 YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCE FEE OR NO FEE: Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 Dated: October 28, 2003 SON WILLIAMS & OTTO David R. Galloway, Esquire I. D. Number 87326 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff DICKINSON COLLEGE, Plaintiff V. CLARA G. WESSINGER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2003- ~ '7 / ~7 C1VIL ACTION-LAW JURY TRIAL OF TWELVE DEMANDED COMPLAINT AND NOW, comes Plaintiff Dickinson College by and through its attorneys, MART SON DEARDORFF WILLIAMS & OTTO, and hereby avers as follows: 1. PlaintiffDickinson 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 Clara G. Wessinger is an adult individual with a last known address of 50 Pine Street, Carlisle, Cumberland County, Pennsylvania, 17013. 3. On or about August 28, 1995, Defendant entered into a Promissory Note - Federal Perkins Loan Program (Note # 1 ) with Plaintiff. A copy of Note # 1 is attached hereto as Exhibit "A." 4. Note #1 provided for the financing of $3,000.00, plus interest and costs byDefendant on his own behalf, for educational services and benefits at Plaintiff's institution. 5. On or about March 4, 1997, Defendant entered into an additional Promissory Note - Federal Perkins Loan Program (Note #2) with Plaintiff. A copy of Note #2 is attached hereto as Exhibit "B." 6. Note #2 provided for the financing ors 1,000.00 plus interest and costs by Defendant on his own behalf, for educational services and benefits at Plaintiff's institution. 7. Note #l and Note #2 are funds created under Part E of Title 1V of the Higher Education Act of 1965 as amended, (hereinafter the "Act") and are subject to the Act and the Federal Regulations issued under the Act. 8. As provided in the Act, Plaintiff acts in a fiduciary capacity in the handling, disbursing and collecting of funds associated with the programs under the Act. 9. The total principal for Note #1 and Note #2 is $4,000.00. 10. Note # 1 and, Note #2 grant Plaintiffreasonable collection and attorneys' fees which Plaintiffhas calculated to be $600.00. 11. As of April 1, 2003, the principal and interest due and payable by Defendant to Plaintiffwas $3,745.96, plus interest accruing thereafter at $.50 per day. 12. The outstanding balance of $3,745.96 represents the total and actual overdue value of the financing provided to Defendant under Note #1 mad Note #2 for which Defendant has yet to pay. 13. Plaintiffhas fulfilled, performed and complied with all obligations and conditions of Note #I and Note #2. COUNT I BREACH OF CONTRACT 14. Plaintiffhereby incorporates by reference the averments contained in Paragraphs I through 13 of this Complaint. 15. Defendant breached the expressed and implied obligations, conditimas and terms of agreement of Note #1 and Note #2 by failing to pay the amounts financed therein. WHEREFORE, Plaintiffdemands judgment against Defendant in the amount of $3,745.96, plus interest accruing at $.50 per day, collection and attorneys' fees in the amount of $600.00 and costs of suit. COUNT II IN OUANTUM MERUIT 16. Plaintiff hereby incorporates by reference the averments contained in Paragraphs 1 through 15 of this Complaint. 17. 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 April I, 2003, the total amount by which Defendant has become enriched is $3,745.96, plus interest in the amount of $0.50 per day fi.om April 1, 2003. WHEREFORE, Plaintiff demands judgment against Defendant Clara G. Wessinger in the amotmt of $3,745.96, plus interest in the mnount of $0.50 per day from April 1, 2003, collection and attorneys' fees in the mount of $600.00 and costs of suit. Date: October 28, 2003 David R. Galloway I.D. Number 87326 Ten East High Street Carlisle, PA 17013-3093 (717) 243-3341 Attorneys for Plaintiff PERKINS (NDSI,) TRUTH-IN-LENDING STATEMENT Account Number 00273-000-00-3]43 Nal~e of Borrower Clara Genine Wess~nqmr Address 203 Race St. Grass Va]Icy. CA 95945 ANNIIAL PERCKNTAGE The cost of your credit as a yearly race. AMOUNT FINANCED The amount of credit provided ~o you. Prior to During repayment repayment 0 Z 5 Z $ 3,000.00 LItem/zacion of the Amount Financed: $ 3,000.00 Amount given directly to you. Lace Charge: If a payment is lace, you may be charged: $I.00 for the firs= late payment, and $2.00 for each subsequent late payment if =his loan is payable monthly, $3.00 for each late payment if this loan is payable h/monthly, $6.00 for each lace payment if this loam is payable quarterl/. 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, an7 required repaymen~ in full before the scheduled date, and pre- payment. T}IE BORROWER ACF~NOWT~DGES Pd~CEIPT OF AN EXACT COPY OF THIS STA~NT. STUDENT /~/~ /~---- INSTITUTIONAL '/ / EXHIBIT "A" 00273-000-00-3143 -09 Promissory Note-Federal Perkins Loan Program [Ally bracketed clause or paragraph may be included at option of in.~im~ioo. ] I, Cl~r~ ~fm~r,e ~'= ~-n er , promise to pay to DiCk'~nsor~ C0]]eqe (hereinaP,.~rcalledtlle ~mhoa),l~dat ~ar~ls~e, PA 17013-2896 ,~esumof~ouam~at~v~me~denaor~in~e ~h~ul* of Adv~c~s ~t fo~ balow. I promi~ m pay ~l r~mbl* collation eos~, ~cluding aRom*y f~a ~d o~r ch~g~s, ~ for ~e co~ecfion of ~y ~ouut not p~d when due. I ~er uuders~d ~d agree ~t: 1. (1) A001icable ~w. ~ roms ~v~c~ under ~s no~ ~ d~ ~om a ~ud cr~ u~er P~ E of Title of 1965, ~ ~e~ ~erei~er c~led ~e AgO, ~d ~e ~bject W ~e Av~ ~d ~e P~e~ regulafio~ i~ under ~e A~. ~e ~s of~is uo~e sh~l be ~re~d in ~cor~ve ~ ~e Act ~d Fede~ regulator, copies of which ~e ~ ~ kept by ~) P~edures far Receivin~ ~fe~ent. C~cellafion, or Forbe~ce. I uuder~d ~a, m ~eive a defe~eut, c~cel~fioa, or for~ce, I m~ reques~ ~e def~eu~, c~cellagou, or forb~ce in ~ug kom ~e ~gon ~d mu~ mb~ d~umen~on requlr~ by ~ ~mfion ~o prove ~a I qu~ for ~e defe~eu~, c~cellagou, or forb~e. I ~er uade~ ~t. if I ~ eligible for defe~eut, c~cellagon, or forbe~ce under ~cles ~ ~rou~ ~, I ~ re~o~ible ~or mbmi~g ~e ~pmpg~ ~qu~ on ~ime. I ~er ~ders~d ~a~ [ may 1o~ my defe~ent, c~cellafion, ~d for~ce beuefi~ if I ~1 m H. Inter~ ~res~ ~ ~cme ~om ~e beg~ng of ~e repayment peN~ ~d sb~l be a~ ~e ~ P~AGE ~ OF ~ P~ (5~) on ~e uup~d b~ce, except ~a~ no iumresi ~1 ~c~e dung ~y de~e~eu~ pe~ de~d in ~cle ~. ~eoavment (I) I promi~ ~ repay ~ priucip~ ~d ~e iutere~ ~a~ ~cme~ on i~ w ~e ~imt/ou owr a ~ ~gi~ug ~ue (9) mon~s a~r ~ dale [ c~ m ~ at 1~ a b~f-t/me regul~ ~deu~ ~ ~ i~gmtiou of hi.er educa~ou, or a~ a vomp~le i~ou ou~ide ~prov~ for ~is pu~o~ by ~e U~ted S~es Secrecy of ~ucago~ ~erei~r c~led ~ $~cre~), ~d end~g ~at peN~ is [sho~ned under p~ph ~(~, or] extended under p~ag~phs ~O), ~ (exterior), ~(I), or ~) (d~femeu~). ~) Upon my ~nen reque~, ~e repaymen~ pe~ may ~ on ~ ~m ~ll~r ~ ~e one indicamd ~ p~g~ph ~(I). ~)(A) I promi~ w repay ~e p~cip~ ~d inier~z~ over ~e cour~ of ~e repaymem ~ iu eq~ mou~ly, bimou~ly, or q~r]y a muigple of ~, ~e ~fi~tiou may round ~a~ payment to ~ next hi.est doll~ ~ount ~a~ is a multiple of ~) No~s~iug p~graph ~O)(A), upon my ~i~ten request, repaymenl may ~ m~e ~u g~ i~meu~ ~h~ule ~prov~ by ~e Secret. (4) No~dlu~ p~ph ~(1), ~f I q~ ~ a low-in~ome individ~ du~ug ~ repaymenl ~g~, ~que~, may ex~ ~e repayment ~ri~ for up ~o ~ ~ditio~ ~u (10) ye~s ~d may adjua ~y r~paymeu~ ~h~ule m r~flect my ~com~. [(~(A) H ~e mon~ly ~ ~a~ ~uld ~ e~bli~ed under p~graph ~(1), or ~e ~o~ mou~ly ~paymeut ~ my F~e~ Per~ ~. ~clud~g ~is I~, is le~ ~ ~40.00 per mon~. I ~1 repay ~e pgncip~ ~d iumre~ ou ~ I~ ~ ~e ~ of ~40.00 per mou~ (which i~cludes ~ pN~ip~ ~d ~40. O0 ~ ~40 · O0 money payment ~s~bli~ u~d~r ~bp~g~ph ~(~) ~clud~ ~e on ~ my ou~ing F~e~ Pet~ ~, including ~o~ rgceiv~ ~om o~gr ~fimfio~. ~e potion of ~e $~0. O0 mon&ly payment ~at ~ ~ ~p~ m ~s 1~ ~ll be ~e difference be~een $40. O0 ~d ~e m~ of ~e ~n~ o~ ~ a molly ~ on my o~er F~e~ Per~ ~. (6) ~e.~fioa may pe~it me ~ pay le~ ~ ~e ~ of ~. O0 per moa~ for a ~ of not more ~ one (1) y~ ~em aece~ ~ avoid h~d~ip to me u~e~ ~ ~tion would exte~ ~e ~payme~t pe~ in p~g~h ~ ~e ~on may, upon my ~n reque~, reduce ~y ~heduigd regaymen~ or ex~nd ~e repayment ~ri~ indica~d in p~gmph ~(]), if, ~ i~ opi~on, circums~ces such ~ prolonged iHae~ or unemployment prevent me ~om ~ag ~e ~heduled repayment. ~. Pr~vavment (l) I may, ~ my opdon ~d ~out penury, prepay ~ or ~y p~ of ~e p~ncip~, plus ~y ~c~ed in.rest ~ereoa, ~ ~y t/me. ~) ~ounM ] ~pay in ~e ~e~c y~ in which ~e ]~ ~ m~e ~d ~e ~fi~ g~e pe~ h~ not ~ouat of ~e I~ ~d ~11 not ~ co~idered a prepayment. O) ]f I repay ~oun~ during ~e ~emic y~ in which ~e l~ w~ m~e ~d &e i~fi~ g~e ~d~ end~, o~y of ~e ~ouat due for ~y repayment ped~ sh~ be co~idered a prepayment. (4) ~. m ~ ~e~c y~ o~er ~ ~e awed y~ in which ~e lo~ ~ made, ] repay more ~ ~e ~ount du~ for exce~ ~i ~ ~d ~ repay pdacip~ u~e~ I desig~ it ~ ~ advice payment of ~e next regul~ i~lmeat. V. ~ fault (l) ~e ~mtioa may, at i~ opdoa, decl~e my I~ to be in defaul~ ~d may dem~d immediate payment of ~e entire unp~d b~ce of ~e 1~, including pfiacip~, intercO, late ch~ges, ~d collection cos~, lf- (A) I do not m~e a ~heduled payment when due under ~e repayment ~hedule es~biished by ~e ~tlmfion; ~d ~) I do not ~bmit to ~e ~tim6on, on or before ~e date on which payment is due, d~umen~tioa ~at I qu~J~ for a deferment, c~celiadon, or forbore ~ de.rind in ~ctes ~. ~, ~, ~, X. ~, ~, ~, or ~ of ~is agreement. Page 1 of 4 EXHIBIT "A" Federal Perkinz/July 1993 information. (3) ! understand that, if I default on my loan, the ln. stimtion may dis~los~ that I have defaulted, along with o~er relev~t (4) Fu~er, I uader~d ~at, if I default on my I~ md ~e I~ is ~igned to ~e SecreCy for eoll~fion, ~e S~re~y may di~lo~ ~at I hav~ default, ~ong ~ o~er relev~t info~atio~, m credit bureau org~io~. (5) I unders~d ~at, if I default on my 1~, I ~11 Io~ my fi~t to forb~c~. (6) I uuders~d ~, ifI default on my I~, I ~11 Io~ my fi~t ~ defer repaymenu. ~ I u~d~rs~d ~at, if ~e ~mfion aeneid--s ~e 1~ under p~raph V(1), I ~ll 1o~ my fi~t ~ r~eiw a e~eellation of a potion of my 1~ for ~y ~rvice de~fi~ in ~cles ~, ~, X, ~, ~, ~, or ~ perfo~efl a~cr ~e dam ~e ~ti~tion ~celerated ~e 1~. (8) I under~d ~at f~lure ~ pay ~is obligation under ~e ~s agreed upon ~11 prevent my oblong ~difion~ student fi~ci~ ~d au~ofi~ under Title ~ of ~e ~er ~uca~on Act of 1965, ~ ~ended, until I have m~e ~gemen~ ~at ~e mtisfacmry ~ti~tion or ~e S~re~y reg~ding ~e repayment of ~e 1o~. ~, Forbe~ee (1) I unders~d ~, upon m~g a properly d~umen~d ~n request ~ ~e ~timtion, I ~ entitl~ m be g~d forbore p~neip~ ~d in.rest or p~neip~ o~y, rene~ble at 12-mon~ in~s, for a pefi~ not to exceed ~r~ ye~. (A) My debt burden equ~s or exceeds 20 percent of my gr~ income; or ~) ~e ~mfion dete~ines ~at I qu~i~ for o~er r~. ~. De fe~ent (1) I under~d ~, upon m~ng a properly d~umen~d ~en request m ~e ~fimtion, I may defer m~ng ~h~uled i~ment paymen~ ~d ~11 not be liable for ~y in.rest ~ mi~t o~e~ ~c~e during ~e follo~ng (i) E~olled ~d in ~end~ee ~ a regul~ student in at l~t a h~f-time eour~ of ~mdy at ~ eligible i~fimtion; (ii) E~olled ~d in a~n~ce ~ a regul~ s~dent in a cour~ of study ~at is p~ of a g~uate fellowship progr~ approved by Secret; fiji) Engag~ in g~ or ~-g~ua~ fellow~ip-~ppo~ed s~dy (~ch ~ a Fulbfi~t g~t) ouuide ~e U~ S~; (iv) E~otl~ ~d in ~n~ce in a eout~ of ~dy ~at is p~ of a rehabili~on ~ng prog~ for dibbled indivld~s ~cre~. ~) For ~y pe~ ~at I ~ engaged in ~iee de~fibed in ~icles ~, ~, X, ~. ~, ~, or ~ of ~is ag~ement. (C) For a ~ri~ not m exc~d ~ree ~) y~s during which- (i) I ~ ~ng ~d u~ble m find ~H-fime employment; or (ii) For ~y r~n ~ my ~m~on de~ines bm c~d or ~11 eau~ me m have ~ ~onomic h~ds~p. ~) I unde~d ~at I ~ not eligible for a defe~ent under p~gmph ~(I)(A) while I ~rving in a m~ie~ ~ip or ~ide~y prog~. (3) I unde~d ~at I may con~ue m defer m~ng ~hedul~ i~lment paymenm ~d ~11 not be liable for ~y ~ ~m mi~t o~ ~cme for a six (fi) mou~ pe~ ~m~ia~ly follo~ng ~e expi~on of ~y defe~ent provid~ ~ p~h ~(1). ~. Teaching C~eellatlon (1) I unde~d ~m, upon m~ng a properly d~umen~d ~n ~que~ m ~e ~mfion. l ~ en~fl~ m bare up ~ 1~ ~ent of~e ~ount of ~is 1~ plus ~e in~re~ ~ereon c~eeled if I perfo~ q~i~ing ~iee a~r ~e pefi~ for ~ich I r~eiv~ ~e (A) ~ a ~ll-~me ~her in n publi~ or o~er nonprofit elemen~ or ~eon~ mh~l ~ ~e ~b~l dis~et of a I~ ~o~ agency ~at is eligible in ~ch y~ of ~iee for ~nds under Chap~r I of ~e ~uc~oo Co~li~tion ~d ~provement ~t of 1981, ~ ~e~, ~d which h~ been designated by ~e Secrecy (aRer cogitation ~ e~h State ~p~ment of Education) in ~eord~ee ~ ~e prov~iom of ~ction ~5(a)(2) of ~e Act ~ a ~h~l ~ a bi~ contention of smden~ ~om l~-income ~ilies. ~ offici~ Dir~ of desig~ Iow.income ~b~ls is published ~ly by ~e S~re~y; ~) ~ a ~ll-~me ~ec~ ~on ~her Oneluding tethers of inf~, ~dlers. children, or you~ ~ di~bilifies) in a public or o~er nonprofit clemency or ~on~ ~h~l sys~m, or ~ a ~ll-time qu~ified profe~io~ provider of ~ly inte~en~on ~ices in a publle or o~er nonprofit progr~ under publi~ ~pe~ision by ~e le~ agency ~ au~ori~d in ~ction 6~6~)(9) of ~e ~divid~s Wi~ Di~es Education Act; or (C) ~ a ~ll-~me ~her of ~ematies. ~ienee, foreign l~guages, bilin~ education, or ~y o~er field of expe~ ~at is by ~e S~ ~p~ment of Eduction m ~ave a ~o~ge of q~ified ~hers. ~) A po~oa of ~is 1~ ~11 ~ e~celed for ~eh comple~d y~ of t~hing ~iee at ~e f011o~ng ~s: (A) 15 ~reent of ~e m~ p~cip~ ~ount of ~e 1~ plus intere~ on ~e unp~d bfl~ce ~e~ing du~ng ~at y~ for ~o~ eomple~ g~emlc y~s of ~a~ ~hing ~icel ~) 20 ~r~eot of ~e ~ p~ncip~ ~ount of ~e 1~ plus intere~ on ~e unp~d b~ce ~e~ing du~ng ~at y~ for fou~ comple~ ac~emic y~s or.at t~bing ~rvice; ~d (~ 30 percent of ~e to~ pfincip~ ~ount of ~e 1~ plus interest on ~e unp~d b~ce ~c~ing during ~at ye~ for ~e fi~ eomple~ ~emic y~ of ~ te~hing ~rviee. ~. Head S~ Cancellation (l) I under~d ~at, upon m~ng a p~perly d~umented ~n request ~ ~e ~ti~tion, I ~ entitled ~ have up ~ l~ pe~ent of ~e ~ouot of ~is I~ plus ~e in~re~ ~er~n c~eeled if I perfom q~i~ing ~iee after ~e pefi~ for which I received ~e ~ff member in a ~d S~ prog~ (A) ~at H~ S~ prog~ is operated for a pe~ ~at is comp~able to a ~ll ~h~l y~ in ~e l~i~; ~d Page 2 of 4 Federa~ l~erkias/]'uly 1993 /~) My ~a/ary is not more than the salary of a comparable employee of the local educational agency. (2) This loan will be canceled at file rate of 15 percent of the total principal amount of the loan plus interest on the unpaid balance accruing during that year for each complete school year or equivalent period of service in a Head Start program. (3) Head Start is a preschool program carried out under the Head Start Act. X. M. ilitarv C.a~cellation (1) I understand that, upon making a properly documented ,~-itten request to the Lastivafion, Iarn entitled to have up to 50 pereeut of' the principal amount of this loan plus the interest thereon canceled if I serve as a member of the Armed Forces of file United States in an area of hostilities that qtml/fies for spacial pay under section 310 of Title 37 of the United States Code. (2) Th/s loaxl will be canceled at the ra~ of 12 1/2 percent of the total principal amount of the loan plus interest on the unpaid balance accruing during that year for each complete yea; of such qanllfying service al~r the period for which ! received the loa~. g~I. Volunteer Set-rice Cancel]atio~l (1) I undnr~d that, upon mak~g a properly documented wr/t~en request to the I~lst/~ution, I am entitled to have up to 70 pernem of the amount of tiffs loan plu~ the interast thereon canceled if ~ perform qualifying service after the period for which ! re~elved file Ioan~ · (A) A~ a volunteer under the Pea~e Corps Act; or (B) A~ a volunteer under the Domestic Volunteer Service Act of 1973 (ACTION programs). (2) Th/s loan will be canceled at the following rates: (A) 15 percent of the total principal amount of the loan plus interest on file nnpnid balance accruing during that yea; for each of the first ~d second twelve (12) mouth periods o£ volun~er service ¢ompletod; ~nd (B) 20 percent of the total principal amount of file loan pins interest on file unpnid balance accruing during that year for e~h of the third fourdl twelve (12) month periods of volunteer serviun completed. XI~. [~aw Enfogcement or CorrectJotls Officer Cancellation (1) I under~d that, upon n~nl~inE a properly documented written request to the Institution, I mn entitled to h&vn up to 100 percent of the amount of th/s ]oa~ plus the intorest thereon ca~caled if I perform qualify/nE service after the period for whinh ! received the (A) A~ a full-time law enforcement ofleicer for service to an eligible local, State, or l~ederal law enforcement agency; or (B) A~ a full-time ¢orract/ons officer for servlee to a~ eligible local, State. or Federal corrections agency. (2) A portion of th/e loan will be canceled for each completed year of law enforcement or correet/on~ service a~ the follow/ne rates: (A) 15 percent of file to~l pr/nc/pal amount of file lo,~ plus interest on the unpaid balance accruing durfllg that yea; for ~h of the first ~econd complete year'~ of tha~ service; (B) 20 percent nf the total prfllcipal amount of the loan plus interest on the unpaid balance accruing dul~g that year for e~h of the third a~d four~ complete year~ of that ~erviun; and (C) 30 percent of the to~/principal amount of the loan plus interest on the unp~d balance accruing during that yea; for the fifth complete yea~ of thnt ~rvice, XIII. Nurse or Medical Techn/ciall Cancellation (1) ! undergo, nd that, upon mak/ng a properly documented written request to the I~timtion. I am entitled to have up to IO0 peruent of the amount of this lo~n pins the intareg thereon eanunled if I perfor~ qualifying service after the period for which I r~eeived the loan ~s a full-titan anr~ or medinal tachal¢ian providing health ca;e servicas, (2) A portion of this loan will be canceled for each completed year of service at the following rates: (A) I$ percent of the total pr/aclpal amount of the Ioa~ plus interest on the unpnid bal,,ace accruing during that year for each of the first and ~eo~l complete year~ of that service; (B) 20 percent of the total principal amount of the loan plus interest on file unpa/d balance accruing during that yea; for each of the th/rd and fourth complete yea~ of that service; and (C) 30 percent of the total principal amount of the loan plus interest on the unpaid balance accruing during that ye~' for the fifth complete year- of that serVice. X~V. Child or Fm~il¥ Service A~etlc¥ Cancellatioll (1) 1 under,.mid that, upon mnlelnE a properly documented written request to the ln~titotion. ! am entitled to have up to 100 percent of the amount of this lo~,n plus intere~ thereon canceled if ! perform qualifying ~,ervlun al~r the period for which I received the loan ~ a full-time employee of an eligible pubii~ or private nonprofit child or family service ngeney 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 poet/on of this [oa~ w/il be cmlceled for each ¢ompln~l year of service at the follow/ne ra~s: (A) ~5 percent ~f the tota~ principal am~unt ~f the I~an plns interest ~n the unpald balance accruing during that year for each ~f the first arad ~coad complete ye~'s of ~hat service; (B) 20 percent of file total principal a,~ount of the loa~ plus interest on the unpaid balance accruing during that year for each of the th/rd and fourlh complete year~ of that service; and (C) 30 percent of the total principal amount of the loan plus interest on the unpaid bal~mce accruing during that yea; for the fifth complete ye~ of that service. X~V, Death anti Disability Cancellation (l) In the event of my death, file total ~louat owed on thi~ [~an will be ¢~celed, (2) If ! become permanently and totally disabled a/~er I receive this loa~, the Instimtinn will cancel file total amount of thig Ioa~. XVI, Change in Nat0e, Address, Taler)hone Number, or Social Secur/tv Number ! am responsible/or informing file Institution of any cba. uge or changes in name, address, telephone number, or Social Security number. Page 3 of 4 Federal Perkins/July 1993 XVII. Late Charge (1) The b~timtiou wiJ[ impose a' late cba~e (A) [ do ~ot m~e a ~h~uJ~ payment whe~ it ia due; ~d ~) I do not ~bmit ~ ~e ~m~oa, on or ~fore ~e ~ ou ~ch payment ia due, d~umeu~oa ~ I q~i~ for . defe~eat, c~elladoa, or for~ce ~ de~ ~ ~cie~ ~, ~, ~, ~. X. ~, ~, ~, or ~ of ~]s agr~meat, ~) No cb~ge may exc~ 20 ~eot of my moa~]y, bimoa~ly, or q~rlypaymeat. ~)(A) ~e ~mtlon may- (i) Add ~e la~ cb~ge ~ ~ pd~ip~ ~e ~y a~r ~e ~b~ul~ repayment ~ due; or ~i) ~lude it ~ ~e ~ext ~h~uled repayment a~r ~ bare r~e~v~ =or,ce of ~e ]ate cb~ge. ~) if ~e ~mdoa el~ m ~d ~e ~ cb~ge m ~e ou~d;ag pHacip~ of ~e I~, ~t must ~ info~ me before ~e due ~ of ~e next i~ment. O) ~is no~ may be ~ign~ by ~e ~m~on o~y ~ ~) ~o~er i~timfion u~u my ~fer ~ ~ i~mtion if ~at ~ti~tlon i~ p~cip~ng in ~is prog~; or (~ ~o~er ~im6on approved by ~e S~re~. ~) ~e provlslo~ of ~is no~ ~at relate to ~e ~timtion ~], where ~propfiate, re]a~ (3) ~y holder of ~is I~ is ~bject to ~1 c]~s ~d defers ~at ] could limi~ to ~e ~ount 1 tepid on ~is l hereby ce~i~ ~at ~ have listed below ~l of ~e Feder~ Per~ ~ X have received, s~ *None.*) ~DE~ PE~S LOANS AT OT~R Amount Date lxtstimtion X~. ~chedule of Advances Amount Da~e Signature of Borrower NOTICE TO BORROWE~ DO NOT SIGN T/~IS NOTE BEFORE YOU READ IT. I UND~A.ND AND AGREE TO ALL OF Tl~ FOREGOING TI~tA~S AND CONDITIONS. [This note is si~ned ~anent Addre~ (Street or Box Number, Ci~, ~te, ~d Zip C~e) ~i~ ~cuH~ Number ~o~ower must provide) ,~ The borrower and 7d~stitufion shall execute this note without security and without endorsement. The [ast~tutio~ alkali 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 Perki~'July 1993 FEDERAL PERKINS LOAN PROMISSORY NOTE 1. Name [last, first, middle initial) and Permanent Address (street, city, state, zip code) ~essinger, Clara 2. Social Security Number 3. Date of 8~ 7/f/? ? 4. Ar~a C~/Teleph~e Number 5. DrYer's License Number {~st state abbreviation fi~ 6. SchoolName &Ad~ess(s~eet, cRy,~a~,zipcode) BOX 1773 Carl~-~le, PA 17013-2896 7. Borrower Status 8. Interest Rate 9. Loan Amount: Period $ 1,000.00 1996-97 TERMS AND CONDITIONS: LOAN(S} THAT MUST BE REPAID <--~rower's Signature ~-" EXHIBIT "B" 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 Assistant Treasurer of Dickinson College Dated: October 28, 2003 SHERIFF'S RETURN - NOT FOUND CASE NO: 2003-05717 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND DICKINSON COLLEGE VS WESSINGER CLARA G R. Thomas Kline duly sworn according to law, says, that he made a diligent inquiry for the within named DEFENDANT WESSINGER CLARA G unable to locate Her COMPLAINT & NOTICE ,Sheriff or Deputy Sheriff, who being search and in his bailiwick. but was He therefore returns the the within named DEFENDANT 50 PINE STREET CARLISLE, PA 17013 , WESSINGER CLARA G NOT FOUND , as to ADDRESS PROVIDED IS RILLO'S RESTAURANT. SHE NO LONGER WORKS THEY SAID THAT SHE MOVED A YEAR AGO TO COLORADO OR CALIFORNIA. Sheriff's Costs: Docketing 18.00 Service 3.45 Not Found 5.00 Surcharge 10.00 .00 36.45 THERE. MDW&O 11/03/2003 Sworn and subscribed to before me this 4 ~ day of~/~ A.D. thonotary Sheriff of Cumberland County F:h~ILES~DATAFILE'~Dickinson College 7619/Dickl~tsonCollcgeCol ec on~7619C Current/174 ral/nlm Created: 8124/04 004PM P DICKINSON COLLEGE, Plaintiff CLARA G. WESSINGER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2003-571'7 JURY TRIAL OF TWELVE DEMANDED PRAECIPE Please reinstate the attached Complaint against Clara G. Wessinger, in the above-captioned action and return same to the undersigned for service. MARTSON DEAP, DO ,WI "DOI:~F2xW] LLIAMS & OTTO BY ~~ '~~...,~ David R. D'af~wa~ \ I. D. Number 87326 ~ Ten East High Street ~ Carlisle, PA 17013 [ (717) 243-3341 Date: August 27, 2003 Attorneys for Plaintiff David R. Galloway, Esquire MARTSON DEARDORFF WILLIAMS & OTTO I.D. 87326 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff DICKINSON COLLEGE, Plaintiff CLARA G. WESSINGER, Defendant IN THE COURT OF COMMON PLEAS OF COUNTY, PENNSYLVANIA NO. 2003-5717 CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATION OF DUE DILIGENCE & COSTS OF ATTEMPTED SERVICE TO THE PROTHONOTARY: Please see the attached Certification of Due Diligence prepared by Georgia Tomlinson, on September 10, 2004. The cost of attempted service was $30.00. Ten East High Street Carlisle, PA 17013 (717) 243-3341 & OTTO Date: September 29, 2004 Attorneys for Plaintiff David R. Galloway, Esq. MDW&O 10 East High St. Carlisle, PA 17013 Telephone: (717) 243-3341 Attorney for: Dickinson College Cumberland County Court of Common Pleas Plaintiff: Dickinson College Defendant: Clara G. Wessinger Hearing: <No Information> Attempted Service Case No. 2003-5717 File No. 2004000786 1 I received the following papers on 09/08/2004: Notice, Complaint, Exhibit A,B After due search, careful inquiry and diligent attempts at the dwelling house or usual place of abode and/or business, I have been unable to make personal delivery of said process on the following person(s} herein named, to wit: Clara G. Wessinger 402 Maryland Dr. Grass Valley, CA 95945 Declaration of Reasonable Diligence. Service attempts as follows: 1st: Date/Time~ 09/09/2004 2555 PM Deputy~ James Trussell Addr: 402 Maryland Dr. Grass Valley CA 95945 4 Remarks: Per mother, Clara moved to England. Person Serving: James Trussell Sheriff's Civil Division 950 Maidu Ave Nevada City, CA 95959 6. Fee for service: $30.00 (530) 265-1220 7. I am a California sheriff and I certify that the foregoing is true and correct. Date: Septer~ber 10, 2004 Jud. Coun. form, rule 982(a) (23} Sheriff s Authorized Agent Keith Royal, Sheriff Original 12378 F:\FILESkDATAFILE\DickinsonColIege7619\Collections\Current\ 174.pra2 Created- ll/17/04 0.28PM Revised I1/17/04 0 30PM 7619C 174 David R. Galloway, Esquire MARTSON DEARDORFF WILLIAMS & OTTO Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff DICKINSON COLLEGE, Plaintiff Vo CLARA G. WESSINGER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2003-5717 CIVIL ACTION-LAW JURY TRIAL OF TWELVE DEMANDED PRAECIPE Please reinstate the attached Complaint against Clara G. Wessinger, in the above-captioned action and return same to the undersigned for service. 7~ .~IAMS & OTTO David R. Gallo" ;ay, E~qquire \ I. D. Number 87 326 ~ Ten East High Street Carlisle, PA 17013 (717) 243-3341 Date: November 17, 2004 Attorneys for Plaintiff - F \FJLESIDA T AFlLE\DickiTl9onCollege76] 9\Collectlolls'.Current\ 174.pra41ol111 Created \2/1104 lO:12AM Revised. 1l1J/05 I047AM 7619C174 David R. Galloway, Esquire I.D. Number 87326 MARTSON DEARDORFF WILLIAMS & OTTO 10 East High Street Carlisle, P A 17013 (717) 243-3341 Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DICKINSON COLLEGE, Plaintiff v. NO. 2003-5717 CIVIL ACTION-LAW CLARA G. WESSINGER, Defendant JURY TRIAL OF TWELVE DEMANDED PRAECIPE TO THE CUMBERLAND COUNTY PROTHONOTARY: Enter default judgment in the above-captioned action in favor of Plaintiff and against Defendant in the amount of $4,670.96, plus interest in the amount of $.50 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 notiee of intention to file this Praecipe (in the form attached hereto) was mailed to the Defendant at the address indicated thereon, on December 16, 2004, which date was subsequent to the date default occurred and at least ten (10) days prior to the date ofthe Praecipe. F WILLIAMS & OTTO By avid R. Gallowa , I.D. No. 87326 10 E. High Street Carlisle, PA 17013-3093 (717) 243-3341 Date: January 11, 2005 Attorneys for Plaintiff ~ _1 >:~ '>::3 :c~2) c:{< . F\FILES\DAT AFlLBDickins<)[\Co!lege7(' 19\Co!kctions\(ufT<'nll 174.10d;J.:IlI<.>I Created, 12/]6/04 ll'GJAM Revised 12116104 ll:04AM 76\<X:174 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 COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLV ANlA v. NO. 2003- 5717 CIVIL ACTION-LAW CLARA G. WESSINGER, Defendant JURY TRIAL OF TWELVE DEMANDED TO: CLARA G. WESSINGER 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 IMPORTANT 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 A LAWYER, THIS OFFICE MAY BE 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 ILLlAMS & OTTO Date: December 16, 2004 MAR~NI2). A,~. / By .4:Jf (( Davi . Galloway, Esquire LD. 87326 Ten East High Street Carlisle, P A 17013 (717) 243-3341 Attorneys for Plaintiff CERTIFICATE OF SERVICE I, Nichole L. Myers, 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, P A, first class mail, postage prepaid, addressed as follows: Ms. Clara G. Wessinger 402 Maryland Dr. Grass Valley, CA 95945 MARTSON DEARDORFF WILLIAMS & OTTO By Af'ikII VI rn~tP- Nichole L. Myers Ten East High Street Carlisle, P A 17013 (717) 243-3341 Dated: January 11, 2005 r--> 0 ~ c.::) -n ~ <OJ' '- '- .--1 -C) -~ t~ ~.~ _',"<\1 ~ rnf-':;: \) _r-1Cn ~[~ '/ \) - ..~C) .-r" -';, - - - ~~ ~~--~~ ~ 1 -cJ -'::',~ - -".~ .t::: ":':' i..-~~:/-r\ r ., 1-.> ~'-" "t ~ (-' :;J W 0 . ~ ,.. ~' r- ( -