HomeMy WebLinkAbout03-5812
F:IFILESIDA T AFILEIDickinson College 7619IDickinsonCol1egeCol1ections7619C\Documents\227-com 1.wpdldrg
Created:4/28/031:54:03PM
Revised: 11!3!031O:51:20AM
7619c227
v.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO.03- . . D8/ "--
CIVIL ACTION-LAW
DICKINSON COLLEGE,
Plaintiff
MARK D. SANBORN,
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 obj ections 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, 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 REDUCE FEE OR NO FEE:
Cumberland County Bar Association
32 South Bedford Street
Carlisle, Pennsylvania 17013
Telephone (71 7) 249-3 166
aVI . Galloway, Esq
1. D. Number 87326
Ten East High Street
Carlisle, PAl 70 13
(717) 243-3341
Attorneys for Plaintiff
Dated: November 3,2003
v.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 03- S"D/ J-
CIVIL ACTION-LAW
DICKINSON COLLEGE,
Plaintiff
MARK D. SANBORN,
Defendant
mRYTRIALOFTWELVEDEMANDED
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 Mark D. Sanborn is an adult individual with a last known address of 40
State Street, Apt. 3, Northampton, Hampshire County, Massachusetts OI060-3045.
3. On or about August 6, 1995, Defendant entered into a Promissory Note - Federal
Perkins Loan Program (Note #I) 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 #I is attached hereto as Exhibit "A."
4. Note #I was 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.
5. 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.
6. The total principal for Note #I is $2,000.00.
7. Note #1 grants Plaintiffreasonable collection and attorney's fees which Plaintiffhas
calculated to be $500.00.
8. As of October 23,2003, the principal and interest due and payable by Defendant to
Plaintiff was $2,371.70, plus interest accruing thereafter at $.27 per day.
9. As of October 23,2003, the outstanding balance of$2,371. 70 represents the total and
actual overdue value of the financing provided to Defendant under Note #I for which Defendant has
yet to pay.
10. Plaintiffhas fulfilled, performed and complied with all obligations and conditions of
Note #1.
COUNT I
BREACH OF CONTRACT
I I. Plaintiff hereby incorporates by reference the averments contained in Paragraphs I
through IO of this Complaint.
12. Defendant breached the expressed and implied obligations, conditions and terms of
agreement of Note #I by failing to pay the amounts financed therein.
WHEREFORE, Plaintiff demands judgment against Defendant in the amount of $2,3 7 I. 70,
plus interest accruing at $.27 per day from October 23,2003, collection and attorneys' fees in the
amount of$500.00 and costs of suit.
COUNT II
IN QUANTUM MERUIT
13. Plaintiff hereby incorporates by reference the averments contained in Paragraphs I
through 12 of this Complaint.
14. Having requested Plaintiff to loan money, and doing so to the benefit of Defendant,
Defendant became liable to Plaintiff for said money.
15. Defendant has been unjustly enriched by accepting said money without paying
Plaintiff reasonable compensation therefor.
16. As of October 23, 2003, the total amount by which Defendant has become enriched
is $2,371.70, plus interest in the amount of$.27 per day from October 23,2003.
WHEREFORE, Plaintiff demands judgment against Defendant Mark D. Sanborn in the
amount of$2,371.70, plus interest accruing at $.27 per day from October 23,2003, collection and
attorneys' fees in the amount of$500.00 and costs of suit.
By
David R. Galloway
LD. Number 87326
Ten East High Street
Carlisle, PAl 7013-3093
(717) 243-334 I
Attorneys for Plaintiff
Date: November 3, 2003
00273-000-00-3130
.09
Promissory Note-Federal Perkins Loan Prol!ram
[Any bracketed clause or paragraph may be included at option nf institution.]. .
I, Mark David Sariborp . fromise to pay to 01 ck 1 nson Co 11 eQe (hereinafter called the
Institution), located at CarllS1e. PA 170 3-2896 ,the sum of the amounts that are advanced to me and endorse<! in the
Schedule of Advances set forth below. I promise to pay all reasonable collection coats, including attorney fees and other charges, necea&r)' for
the collection of any amount Dot paid when due.
I further understand and agree that:
I. Qsml
(I) .....licable 1 ~w. All SUDll advanced under this nOle 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 intetpreted io accordance with the Act and Federal regulations, copies of which are to be kept by the Institution.
(2) Procedures for Receivio2 Deferment. Caucellation. or Forbearance. I understand that, to receive a deferment, cancellation, or
forbearance, I must request the deferment, cancellatioD, or forbearance in writing from the Institution and must submit to the Institution &DY
documentatioo 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 requeltS
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 PERCENI'AGE RATE OF FtVE PERCENT
(5") on the unpaid. balance, except that no interest shall accrue durin& auy deferment period. described in Article VU.
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 least a half-time regular student at 8D institution of higher education, or at a comparable institution outside the United State.
approved for this putpose by the United States Secrew-y of Education (hereinafter called the Secrew-y), and ending ten (10) years ....r, unl...
that period is [shortened under paragraph ID(S), or] exteoded under paragraphs ID(4), ID(7) (extensions), VU(I), 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(I).
(3)(A) I promise to repay the principal and interest over the course of the repayment period in equal monthly, himonthly, or quarterly
instaliments, as determined by the Institution. I understand that, if my inslallment payment for all the loans made to me by the Institution is not
a multiple or $S, the Institution may round that payment to the next highest dollar amount that is a multiple or $S.
(B) NotwithstaDding paragraph ID(3)(A), upon my written request, repayment may be made in graduated installments in accordance with a
schedule approved by the Secretary.
(4) NotwithstaDding paragraph ID(I), if I qualify as a low-income iodividual duriog 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.
[(S)(A) If the monthly rate that would be established under paragraph ID(l), or the tolal moothly repayment rate of principal and interest on
all my Federal Perkins Loans, including this loan, is Ie.. than $40.00 per month, I shall repay the principal and inte_ 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 moothly repaymeot rate on those loans i. I... than
$40 . 00 the $40 . 00 monthly payment established under subparagraph IU(S)(A) includca 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 differenoe between $40.00 and the tolal of the amounts owed at a
monthly rate on my other Federal Perkins Loans.
(6) The .Institution may permit me to pay I... than the rate of $40.00 per mooth for a period of not more than one (I) year
where neceaury to avoid hardship to me unle.. that action would extend the repayment periocl in paragraph ID(I).)
m The Institution may, upon my written request, reduce any scheduled repayments or extend the repayment period indicated. in paragrapb
me!), if, in its opinion, circumstaDces sucb as prolonged iIInesa or unemployment prevent me from making the ICheduled repayments.
However, interest shall continue to accrue.
IV. Preoavment
(I) I may, at my option and without penalty, prepay all or any pan 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 reduoe the
amount of the loan and will DOt be considered a prepayment.
(3) If I repay amounls during the academic year in whicb the loan was made and the initial lrace period ended, only tho. amounts in exceu
of the amount due for any repayment period shall be considered a prepayment.
(4) It, in an academic year other than the award year in wbicb the loan was made, I repay more than the amount due for an installment, the
excess will be used to repay principal unless I designale it as an advance payment of the neXt reJular installment.
V.~
(1) Tbe Institution may, at its option, declare my loan to be in default and may demand immediate payment of the entire unpaid balauce of
the loan, includin& prineipal. interest. late cbarges, 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. OD or before the date on wbich payment is due, documentatioQ that I qualify for a deferment,
cancellation, or forbearance as described in Anicles VI. Vll. VIn. IX. X. Xl, XU. xm, or XIV of this agreement.
(2) I understand that the Institution may disclose to credit bureau organiutions the amount of loans made to me, along with other reJevant
Page I of 4
Federal Perkins/luly 1993
information.
(3) I ul1derstaJld that, if I default on my loan, the Institution may disclose that I have defaulted, along with other relevant information, to
credit bureau organizatiooa.
(4) Further, I understand that, if I default on my loan and the Joan i. wigned to the Secretary for colle(:tion, the Secretary may disclose that
I bave defaulted, along with other relevant information, to credit bureau organizations.
(5) I UDd.rswd that, if I d.faul' aD my loaD, I will lose my right to forbearauc..
(6) I uDd.rstaDd thai, if I d.fault aD my loaD, I will lose my right to d.f.r r.paym.Dts.
(7) I uodentand 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 Article. vm, IX, X, XI, XII. XIII, or XIV performed after the date the InstihJtion 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, u 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 InstitutioQ. I am entitled to be granted forbearance of
principal and interest or principaJ only, renewable at 12-monlh 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) Th. iltstitutiOD d.termiD.s lbal I qualifY for oth.r reasoDS.
vn. Defennent
(1) I underlta.nd 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 p.riod lbat I am-
(i) Enrolled and in atteodaDce u a regular student in at Jeast a balf.time course of study at an eligible institution;
(ii) Enrolled and in attendance u a regular student in a course of study that is part of a graduate fellowship program approved by the
Secretary;
(iii) EDgaged iD graduate or post-graduate f.llowship-supponed study (such as a Fulbright grant) outside lb. United States: or
(iv) Enrolled aad in attendance in . course of study that is part of a rehabilitation training program for disabJed 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 DOt to .xceed lbree (3) years duriDg which-
(i) I am _lciDg and uoabl. to fiDd full-time .mploym.Dt: or
(ii) For any reuon that my Institution determines has caused or will cause me to have an econom.ic hardship.
(2) I uoderstaDd that I am Dot .ligibl. for a d.f.rm.Dt uDd.r paragraph (VIJ)(l}(A) while I am'serviDg in a m.dical internship or ....id.ocy
program.
(3) I uocl.rstaDd lbat I may cODtiDue to d.f.r makiDg scheduled iDSta1lm.Dt paym.Dts and will DO' be liabl. for any interest lbal might
olb.rwise accru. for a six (6) mODlb p.riod immediately followiDg lb. .xpiratioD of any d.f.rm.Dt proYided in paragraph VU(I).
vm. Teachin!: Cancellation
(I) I UDd.rstaDd thai, UPOD makiDg a properly docum.Dted writteD r.quest to lb. iltstitutiOD, I am .Dtitled to hay. up to 100 perceDl of lb.
amount of tbi. loan plus the interest thereon cBDceled if I perform qualifying service after the period for which I received the loan-
(A) ~ a full-tim. teach.r iD a public or olb.r DODprofit .1.m.Dtary or seCODdary school in lb. school district of a local educatiooalag.ocy
that is eligible in such year of Jervice for funds under Chapter 1 of the Education Consolidation and Improvement Act of 1981, u ameoded. and
which h81 been designated by the Secretary (after consultation with each State Department of Education) in acc:ordaace with the provisions of
IeCtion 465(a)a) of the Act u a school with a high concentration of students from low-income families. An official Directory of designated
low.income scbools is publisbed annually by the Secretary;
(8) As a Nil-time special education teacher (including teachers of infants. toddlers, cbiJdren. or youth with disabilities) in a public or other
nonprofit elementary or secondary scbool system, or u a NIl.time qualified professional provider of early intervention services in . public or
other nonprofit program under public supervision by the lead agency u 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 i. determined
by lb. State Depanm.D' of EdUcatiOD to hay. a shonag. of qualifi.d teachers.
(2) A poniOD of lbis loaD will be c8l1c.l.d for each completed year of teachiDg seryic. aI lb. followiDg rates:
(A) IS perceD' of lbe total priDcipal amouDt of lb. loaD plus iDt.rest aD lb. uDpaid bal8l1c. accruiDg during lbat year for each of lb. first aod
aecond complete academic years of that teaching service;
(B) 20 percent of the total principal amount of the loan plus interest on the unpaid baJance 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 aD the unpaid balance accruing during that year for the fifth complete
academic year of that teaching .rvice.
IX. H.ad Stan Canc.UatioD
(1) I understand that. upon making a properly documented written request to the InstitutioD. I am entitled to bave up to 100 percent of the
amount of this loan plus the interest thereon canceled if I perform qualifying service after the period for whicb I received the loan as a full.time
staff m.mber iD a Head Stan program if-
(A) That Head Start program. is operated for a period that is comparable to a full scbool year in the locality; and
Page 2 of 4
Fed.raI P.rlciosiJuly 1993
(B) My salary i. not more than lbe salary of a comparable employee of lbe 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 lbe unpaid balance accruing
during that year for each complete school year or equivalent period of service in a Head. Start program.
(3) Head Start i. a preschool program carriecl out uncler lbe Head Start Act.
X. ~i1itarv Concellation
(1) I undentand that, upon making a properly documented written request to the InstiNtioo, I am entitled to have up to SO percent of the
principal amoUnt of this loan plus the interest thereoD canceled if I lerve as a member of the Armed Forces of the United Stales in an area of
hostilitie. lbat qualifie. for special pay uncler section 310 of Title 37 of lbe United State. CocIe.
(2) Thi. loan will be canceled at lbe rate of 12 1/2 percent of lbe total principal amount of lbe loan plus interest on lbe unpaicl balance
accruing cluring that year for each complete year of such qualifying service after lbe periocl for which I received lbe loan.
XI. Volunteer Service Cancellation
(I) I uncleralaDclthat, upon maIciog a properly clocumented written request to lbe Institution, I am entitled to have up to 70 percent of lbe
amouot of this loan plUl the interelt thereon canceled if I perform qualifying service after the period for which I received the loan-
(A) N a volunteer uDder the Peace Corps Act; or
(B) Aa a volunteer under the Domestic Volunteer Service Act of 1973 (ACTION programs).
(2) Thi. loan will be cancelocl at lbe following rates:
(A) IS percent of lbe total principal amount of lbe loan plus intere.t on lbe unpaid balance accruing cluringlbat year for each of lbe tint IIUI
second twelve (12) month periods of volunteer service completed; and
(B) 20 percent of lbe total principal amount of lbe loan plus interest on lbe unpaicl balance accruing cluring lbat year for each of lbe thinlllUl
fourth twelve (12) month periods of volunteer service completed.
xn. l,.aw Enforcement or Corrections Omeer 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
smount of this loan plus lbe intere.. lbereon canceled if I perform qualifying service after lbe periocl for which I received lb. loan-
(A) As a full-time law enforcement officer for service to an e1icible local, State, or Fed.erallaw enforcement aceocy; or
(8) As a full-time corrections officer for service to an eligible local, State, or Federal correctiobl 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 lbe total principal amount of lbe loan plus interest on lbe unpaicl balance accruing cluringlbat year for each of lbe fir.. IIUI
.cond complete years of that lervice;
(B) 20 percent of lbe total principal amount of lbe loan plu. interest on lbe unpaicl balance accruing cluringlbal year for each of lbe lbirclllDd
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 ..rvice.
X1D. Nurse or Medical Technician Cancellation
(I) I uoclentazullbat, upon making a properly clocumented written request to lbe Institution, I am entitled to have up to 100 percent of lbe
amount of this loan plus the interelt thereon canceled if I perform qualifying service after the period for which I received. the loan as a full-tillle
Dune or medical technician providing health care services.
(2) A portion of this loan will be cancelecl for each completed year of service Bllbe fOllowing rates:
(A) IS percent of lbe total principal amount of lbe loan plu. interest on lbe unpaid balance accruing cluring that year for each of lbe tint llDcI
second complete years of that service;
(B) 20 percent of lbe total principal amount of lbe loan plus intere.t on lbe unpaicl balance accruing cluringlbat year for each of lb. third llDcI
fourth complete years of that service; and
(C) 30 percent of lbe total principal amount of lbe loan plu. interest on lbe unpaicl balance accruing cluringlbat year for lbe fifth complete
year of that ..rvice.
XIV. ChiJd or F"milv Service AeeDCY Cancellation
(I) I uocleralaDcllbat, upon maIciog a properly clocumented written request to lbe Institution, I BIll entitled to have up to 100 percent of lbe
amount of this loan plua interest thereon canceled. if I perform qualifying ..rvice after the period for which I received the loao. u a full-time
employee of an eligible public or private nonprofit child or family ..rvice agency who is providing, or supervising the provision of, aervices to
high..ris1c children who are from low..income communities and the families of such children.
(2) A portion of this loan will be cancelecl for each completed year of ..rvice at lbe following rates:
(A) IS percent of lbe total principal amount of lbe loan plus interest on lbe unpaid balance accruing cluring lbat year for each of lbe fir.. llDd
leCond. complete years of that service;
(B) 20 percent of lbe total principal amount of lbe loan plus intere.t on lbe unpaicl ba1ance accruing cluring that year for each of lbe third ancl
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 ..rvice.
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. Chanee in NSIIme. 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
Fecleral Perkins/Iuly 1993
XVD:. Late Ch2r2e
(I) The iDstitutioo will impooe ..late charge if-
(A) I do DOt I21W a ICbeduled payment when it i. due; and, .
(B) I do DOt IUbmit to the IDItitution, on or before the date on Which payment i. due, documentation that 1 qualify for a deferment,
cancellation, or forbearance.. deacribed in Articla VI, W, 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 lDItitutioa may-
(i) Add the late charge to the priacipal the day after the scheduled repaymea! was due; or
(ii) Include it with the next scheduled repayment after I have received Dotice of the late cbarge.
(B) If the iDstitutioa 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 iosta1.1ment.
XVDI. AS!li~nmeDt
(I) Thi. note may be usigned by the lDItitution only 10-
(A) The United State.;
(8) ADother iastitution upon my transfer to that iastitution if that institution is participating in this program; or
(C) Another institution approved by the Secretary.
(2) The provisions of thjs Dote that relate to the InstitutiOD shall, wbere appropriate, relate to an assignee.
(3) ADy bolder of this loan is suBject to aU claims and defenses that I could asaen against the Iostitution that made thia 10lU1; my recovery is
limited to the amount I repaid on this loan.
XIX. Prior Loans
I bereby cenify 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. Schedule of Adyance.
The following amounts were adVlUlced to me under this loan agreement on the dates indicated:
Amount Date ~igD8ture of Borrower
I $1,000.00 9-1-95 f(f]ru/l> ~
2 $1.000. 00 1~-23-9b 7!~itli, ~
3
4
NOTICE TO BORROWER: DO NOT SIGN THIS NOTE BEFORE YOU READ IT.
I UNDERSTAND AND AGREE TO AU. OF THE FOREGOING TERMS AND CONDmONS.
(Thi. note ~DF~ as a ~ed nment.J /
SignatureI' //tClr:J/':. ~~ u:..rtV~/!
Date f) .,--t; C ~ ,19QS
reseal))
Permanent Addr... (Street or Box Numher, City, State, and Zip Code)
y --((Ot"cuccd.. Cr.' WCS-t Hc<.:-:f-{.O;rv( > CT) 06 \ C7
Social Security />lumber (borrower must provide) 0 Y77 6 ~ S C) i
The borrower and Institution shall execute this note without security and without eDdorsement.
The InstitutiOD shall provide a copy of this Dote to you and you should retain &he copy for your records.
(Authority: 20 U.S.C.I087dd)
Page 4 of 4
Federal PerkinliJuly 1993
PERKINS (NDSL) TRUTH-IN-LENDING STATEMENT
DICKINSON COLLEGE
Account Number 00273-000-00-3130
Name of Borrower Mark David Sanborn
Address 4 Trotwood Dr.
West Hartford, CT 06117
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
repaymen t
o
%
5
%
$ 2,000.00
I Itemization of the Amount Financed: $ 2,000.00
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 payoff 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.
nlE BORROWER ACKNOWLEDGES RECEIPT OF AN EXACT COPY OF THIS STATEMENT.
STUDEN'!1111 . J!.-. (] /
BORROWER 1/ ii()(~ ~/(7t1,1
DATE?) - fJ-qc;
INSTITtTl'IONAL
REPRESENTATIVE
~
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. 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
ThSs~:- y~
Assistant Treasurer of Dickinson College
Dated:
F:\FILES\DA T AFILE\Dickinson College 7619\DickinsonCollegeCollections7619C\Documenls\227 -com1.wpd
CERTIFICATE OF SERVICE
I, Marti Iben, an authorized agent of Marts on DeardorffWiIliams & Otto, hereby certify that
a copy of the foregoing Complaint was served this date by depositing same in the Post Office at
Carlisle, P A, Certified MaillRestricted Delivery, postage prepaid, addressed as follows:
Mark D. Sanborn
40 State Street, Apt. 3
Northampton, Massachusetts OI060
MARTSONDEARDORFF WILLIAMS & OTTO
Bf-/f~' ~
Marti Then
Ten East High Street
Carlisle, PA 170I3
(717) 243-3341
Dated: November 3, 2003
.AC\~
-- "- ~
-t ~
'l::W
"'-. -....l
~ -.J :b
'\ (,."
v.\
,
11,
c
("'
c
-,,,;;
,.C
".~ t.
__,'ii,
2-~i'
c./i"
2;.
~':-
j; ('
,
-.
C'.....
<':5
:;:>
,'I
'_-::''1
:J
~<)
.~) =j
;CY
;:-11
:;.~,
.~-,:J
-<
::--~
,,-
<:0
F: \FILES\DA T AFILE\Dickirn;on College 76 J 9\DickinsonCollegeCollections7619C\Current\227 _pral/nlm
Created: 8/24/04 2:43PM
Revised 8/26/045:03PM
7619C.227
DICKINSON COLLEGE,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 03- 5812
CIVIL ACTION.LA W
MARK D. SANBORN,
Defendant
JURY TRIAL OF TWELVE DEMANDED
PRAECIPE
Please reinstate the attached Complaint against Mark D. Sanborn in the above-captioned
action and return same to the undersigned for service.
MARTS ON DEARDO
BY~)
David R. Galloway,
1. D. Number 87326
Ten East High Street
Carlisle, PAl 70 13
(717) 243-3341
WILLIAMS & OTTO
Date: August 27, 2004
Attorneys for Plaintiff
e ...., 0
=
"'" "TI
... ..,...
~m :.>- ~::n
~~H c:
.., ffiFji
S
"" N ~~
2 ~ .....,
c;
~, :J>
:E>2 :x ~~
-
~ .. s;!
J:"" Co
Q) -<
F: IFILES\DA T AFTLEIDickinson College 7619\DickinsonCoIIegeCoIlections7619C\CurrentI227,afflldrg
Created: 3/8104 11:36AM
Revised: 9117/04 IO:54AM
7619c.227
DICKINSON COLLEGE,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 03-5812
CIVIL ACTION-LAW
MARK D. SANBORN,
Defendant
JURY TRIAL OF TWELVE DEMANDED
AFFIDAVIT OF DUE DILIGENCE
TO THE PROTHONOTARY:
Please see attached Affidavit of Due Diligence.
By
David R. Gal101;..ay
Attorney LD. NO. 87326
Ten East High Street
Carlisle, PAl 70 13
(717) 243-3341
Date:
Attorneys for Plaintiff
HANCOCK COUNTY SHERIFF'S D:EPARTMENT
WILLIAM F. CLARK, Sheriff
60 State 'street. Ellsworth, Maine 04605
Tel: (207) 667-7575 · Fax: (207) 66'i'.75l6
Dickinson College
Plaintiff
vs.
Afl'idavit
Mark D. Sanborn
Defendant
I, Paul E. McPhail of Ellsworth
of Maine, being duly sworn, state as follows:
, County of Hancock, State
1. I am a Deputy Sheriff duly authorized to serve civil processes by the laws of
the State of Maine. '
2. I have attempted to make service on Mark D. Sanborn
at 75 East Pleasant St,Amher,E{tIaine, but have failed to do so for the
following: There is no Pleasant Street in AmhE~rst, ME.
He may be at 106 Elm Strret, Unit #2, Saco" ME
That after reasonable diligence, I was unable to effect personal service of said
;/;70n~ 8, rnmplrdnt ri'lse No 03-581212.t:t'P..onSaid fendant.
Dated Deputy Shf:riff
State of Maine
Hancock, ss.
Personally appeared the above-named. Po..... \ t:. mc:.-Pl.J..L and made oath that the
foregoing Affidavit is true and correct to the best of his knowledge and belief.
Before me, a,_~--f- Co~
~ic
JOANNE E. HOPKINS
Notary Public. Maine
My COmmIssion Expire. July 8. 2006
- ......
."
.
o
e_
,...,
c::;:>
c::.=t
.<.-
(/)
fo'-j
-0
C.'
-'
-'il
.__1
fii P:;1
-nlT1
~_nCJ
;:-)(..L\
-."'...:;:
-J
\:;
:3:
c'
( :.
/-~
::<
c.)
W
W
::;.; ~-,;::
in)' ,
:;:!
~:rJ
~.
AECEIVEL
SEP 13 20M
MDWC'
F:IFILESIDA T AFILEIDickinsonCollege7619\Collections\Current\227 aff2
Created: 1216/04 0.21 PM
Revised. 1216/04 3,02PM
76\9C.227
David R. Galloway
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, PENNSYLVANIA
v.
NO. 03-5812
CIVIL ACTION-LAW
MARKD. SANBORN,
Defendant
JURY TRIAL OF TWELVE DEMANDED
AFFIDAVIT OF DUE DILIGENCE &
RELATED COSTS
TO THE PROTHONOTARY:
Please see attached Affidavit of Due Diligence and invoice. Cost of attempted service was
$62.68.
& OTTO
B
Date: December 6, 2004
Attorneys for Plaintiff
STATE OF MAINE
YORK, ss
TENTH DISTRICT COURT
DIVISION OF EASTERN YORK
CIVIL ACTION
DOCKET NO.
n~c~
Plaintiff
Vs.
AFFIDAVIT IN SUPPORT
OF ALTERNATE METHOD
OF SERVICE
ma;vk D f~
Defendant
NOW COMES, John Dickens, Deputy Sheriff, and in regards to the above entitled
matter, under oath deposes and says:
1. That I have been to kJ6 ~ :i-t.1h-u1 "'Z) Sac." Maine,
at least ::L times between AltlfIoyJ,nQ 10, 2..<10 Y and
ICltWo-l~ zL{, Z(Ja tf
2. That /Jf ~ l:l 5oN\~ has either not been in said residence or has
refused to answer my request for entry.
II-t6-oif ~ IJ(J() II-r3-otf <!../t,ltJ 11-2.d-ocf@(d3d 11-22-(Jtf~
I I f
/855 11-2-3-ot{ ~llf7<4-/7ID 11-2'{-ot..f @ r<{ltJ
I '
Dated: 1 t - 2 L( -0 t.(
dob~~ty Sheriff
STATE OF MAINE
YORK, ss
Personally appeared the above named John Dickens and made oath that the foregoing
allegations by him are true.
Dated ,~~ ;"< ~I
Before me,
;f~ar-~~
Notary Publici Att6l"ft€ly...
'-:1
. {~,,:'~~ r.1tHa v. S1lfPMAf<j
i ;...~' by Public. State of Moina
~ .. 4 folk Co~nly
~ ,j~ "~r""'''''';De:.1 ^
~ ....a ~,.
........
'-
:>- co
ft.;
"" -....
f..:: c<:,
UJ~"":)
i~~~~ :1=
c.:...
" C' ;/
@DC' I-
I
dLu C._1
-;:c Ll.J i ."
i 1-- q
I l.t... ....,..
0 (':-':~:;:.:J
\.-"7.;:.
"'-I
--
1t"5a 53 '
(!Count!, of !>ork
52298
COUNTY
IDENTIFICATION #
01-6000017
m
.
PLEASE INCLUDE THIS INVOICE
# ON J~LL RETURNED CHECKS.
1f.--ltJ 1(-'3 11-2LJ
I I I
SHERIFf'S OFFICE f(- 2(~ I! - 2-?; I
ALFRED. MAINE I
JJ~ f. C~~~W1CE 11-2.4~tf
INVOICE TO: rtfaf't~ ~ uJ ,0.11 t14MA- ~tJ~
T~ ~p-- JlciJJ ~
(l~ fA- 17&/3-3093
I
lJ~ C~
VS.
1Yla.t~ n
,
CASE
S~'1
N~j~d':fj~
~-; Ar~~
ern CA-1 ~ ~ \.Nl
~ IIt/ tr1.~ ~,.
)Jtf ~ -'J.~tJ ~
ADM. FEE 7 I ~A '~a/2.12.e:J.-
",8 """I
TOTAL $ ts;J2 - i~
PLEASE MAKE CHECK PAYABL T ~~
TREASURER, COUNTY 0 YORK
P.O. BOX 399
45 KENNEBUNK ROAD
, 387U ALFRED, MAINE 04002
T 1.5% PER MONTH (18% PER ANNUM) WILL BE CHARGED
ON ALL PAST DUE ACCOUNTS OVER 30 DAYS
$ CO 5 - PAYMENT RECEIVED BY: ~ --- S (j DATE .-
ONLY REFUNDS OF OVERPAYMENTS OF $5. cfR GREATER ARE PROCESSED FOR RETURN
CHt~GES
a e. te..
SERVICES
MILEAGE
,
247
7~
27 -
92-
-
POSTAGE
INVOICE/RECEIPT
F \F1LES\DA T AFlLE\DickinsonCollege76] 9\Collections\Current\227\227, pra lInlmitde
Created: 8/241042A3PM
Revised: 9/15105 8:33AM
7619C227
DICKINSON COLLEGE,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 03- 5812
CIVIL ACTION-LAW
MARK D. SANBORN,
Defendant
JURY TRIAL OF TWELVE DEMANDED
PRAECIPE
TO THE PROTHONOTARY:
Please reinstate the Complaint against Mark D. Sanborn, 590 Federal Street, Belchertown,
MA OI 007, in the above-captioned action and return same to the undersigned for service.
WILLIAMS & OTTO
By
David R. Gallowa ,
I. D. Number 87326
Ten East High Street
Carlisle, PAl 70 13
(717) 243-3341
Date: September 15, 2005
Attorneys for Plaintiff
8 ~ !:f?
'?: ~
Jfi~o Ki 5!::J::J
l#' ." ':;;s:;
-
en 2? 1:
3:~_~ --( ..)
,~~;'.'J :to. :1: ::J:i
:::.t" ()['5
~cc - 6rt/
$ -
en 5;!
:.0
'-0 ...;:
F\FILES\DA T AF1LE\DickinsonCollege7619ICollectionsICurremI227\pra2/lde
Created: 8/24/04 243PM
Revised: 10/5/05 9:59AM
7619C227
Christopher E. Rice, Esquire
MARTSON DEARDORFF WILLIAMS & OTTO
LD. 90916
IO East High Street
Carlisle, P A 17013
(717) 243-3341
Attorneys for Plaintiffs
DICKINSON COLLEGE,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 03- 5812
CIVIL ACTION-LAW
MARK D. SANBORN,
Defendant
JURY TRIAL OF TWELVE DEMANDED
PRAECIPE TO DOCUMENT SERVICE AND COST OF SERVICE
PURSUANT TO THE PENNSYLVANIA LONG ARM STATUTE
TO THE PROTHONOTARY:
I hereby certify that a copy of the Complaint was mailed to Mark D. Sanborn on
September I 5,2005, by certified mail, restricted delivery, return receipt requested.
Attached is the Post Office return receipt signed and dated September 26,2005, and a copy
of the receipt showing the cost of service was $8.38.
MARTSON DEARDORFF WILLIAMS & OTTO
By CL~ $ R-
Christopher E. Rice, Esquire
LD. No.90916
10 E. High Street
Carlisle, P A 17013-3093
(717) 243-3341
Date: October 5, 2005
Attorneys for Plaintiff
<0
CJ
.-'l
<0
<0
<0
.-'l
.-'l
U.S. Postal Service".,
CERTIFIED MAil", RECEIPT
{Domestic Mail Only; No Insurance Coverage Provided}
B(OHElffiliil1~ 0\~7
Postage $ $.0.83
0013
03
Postmark
, Here
.-'l
CJ
o Return Reclept Fee
D (Endorsement RequIred)
o Restricted Delivery Fee
r=:I (Endorsement Required)
CJ
.-'l
Certified Fee
Total Postage & Fees
$1.75
$3.50
$ $8.38
09/1512005
m
CJ
CJ
['-
"-,.--................."~----_.---~.
~ ---~-.-." :Jr~~,.,F~:
..c' ,_., "0""'"
.~~.'.' .Jt.. .... ,..1' ilN +
1l8m41f~ . ./II~.
'. PrInt yaqr...i!/i!t....ClIl the.-..
80 Ih8t -.....!IliI<;ilid to you.
.AtI8OhIhllJ~thelMickofthe" \1.
or on the fnlnllf.... pennIIs. ,,~,
/tM~iJ. S1tthut .'
~~.i1ii61 .'
,,' .' . :"j1lJFiJ/~)
,'J
.;
,
2.Artlcle_"" ,
(7hJrIs(t>ifnill, si..k!e tribeo
,_PIS Form 3811, ~
".'~." .""..
.~.. q~.. !
q, IT '>il QAllllillr ' tl..U
o """-'Mol 0 c.oJ).
4. R.ob I.Ilod DoIverYI j6cInI Fee)
1010 0001 1188 8108
- '!'
.
lIIIn.-...... .......
"" i
~J
~..\
1T ~rMO J
7003
0-'
c;.'":~
c~~
G.r'
o
:J.
\
...J.
'"
:-2
Q,
o::;l
~.~ -\",
\'\\c,
,-c.,t'
<,J)c,J
?~5j;:\
"~;l c-=)
~~?tf(\
~
::z
~:
,-'
--;:
:c-
o:>
\
F\FlLES\DA T AFILEIDickinsonCollege7619\CollectionsICurrcnt\227\pra3
Created 3I291069.13AM
Revised 3/30/0610 16AM
Christopher E. Rice, Esquire
MARTS ON DEARDORFF WILLIAMS & OTTO
!.D. 90916
10 East High Street
Carlisle, P A 17013
(717) 243-3341
Attorneys for Plaintiffs
DICKINSON COLLEGE,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 03- 5812
CIVIL ACTION-LA W
MARK D. SANBORN,
Defendant
JURY TRIAL OF TWELVE DEMANDED
TO: MARK D. SANBORN, DEFENDANT
NOTICE OF ENTRY OF DEFAULT JUDGMENT
You are hereby notified that on fYl'::v1.J:A3 I ,2006, the following Judgment was entered
against you in the above-captioned case as follows :m the amount of$2,371.70, plus interest in the
amount of$.27 per day from October 23,2003, collection and attorney's fees in the amountof$500.00
and costs of suit for Defendant's failure to file an Answer to the Complaint
etj}ziif~
Prothonotary / 1
I hereby certify that the name and address ofthe proper person to receive this notice under Pa.
R. Civ. P. 236 is:
Mr. Mark D. Sanborn
590 Federal Street
Belchertown, MA 0 I 007
Date: March 30, 3006
MARTSON DEARDORFF WILLIAMS & OTTO
By (I ~~ s tC
Christopher E. Rice, Esquire
Attorneys for Plaintiff
.
F\F1LES\DA T AF1LElDickinsonCollege761 'J\Collections\Currcnl\227\praJ/tde
Created l/22/032ZS:07PM
Revlsed:3i30!06101618AM
71,]9C227
Christopher E. Rice, Esquire
MARTS ON DEARDORFF WILLIAMS & OTTO
I.D. 90916
10 East High Street
Carlisle, PAl 7013
(717) 243-334]
Attorneys for Plaintiffs
DICKINSON COLLEGE,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY,PENNSYL VANIA
v.
NO. 03- 5812
CIVIL ACTION-LAW
MARK. D. SANBORN,
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$2,37I. 70, plus interest in the amountof$.27 per day from October 23, 2003, collection
and attorney's fees in the amount of$500.00 and costs of suit for Defendant's fai]ureto 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 Defendant at his last known address on March 15,2006, which date was subsequent to
the date default occurred and at least ten (I 0) days prior to the date of the Praecipe.
Dated: March 30, 2006
MARTSON DEARDORFF WILLIAMS & OTTO
By (I ----e./..-yL s f~
Christopher E. Rice, Esquire
Ten East High Street
Carlisle, P A 17013
(717) 243-334]
Attorneys for Plaintiff
.
'~ ',1;1 L F S'D. \ T. \FlLF'D,c';. il"l1:'.L",'::q:.l"in I ')",1,' k:(("\\\,\C\,,,'~r.(": :~"'''''':Cc': .,,,J
C,c'.lre',] : n Ii: ,1: 1,1: --It, ~c 1',\1
\l,,-, ,sed ,\\ ~: Or, ;i: . ~ > p\!
',.: 'le' ~:-
Christopher E. Rice, Esquire
l.D. 010. 90916
MARTSON DEARDORFF WILLIAMS & OTTO
Ten East High Street
Carlisle, PA 17013-3093
(717) 243-3341
DICKINSON COLLEGE,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 03-S812
CIVIL ACTION-LAW
MARK D. SANBORN,
Defendant
JURY TRIAL OF TWELVE DEMANDED
TO: MARK. D. SANBORN, Defendant
IMPORT ANT 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 (I 0) DAYS FROM THEDA TE OF THIS NOTICE, A JUDGMENT MAY
BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR
PROPERTY OR OTHER IMPORTANT RIGHTS.
YOU SHOULD TAKE THIS PAPER TO YOUR LA WYER AT ONCE. IF YOU DO NOT
HA VE 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:(7l7) 249-3166
MARTS ON DEARDORFF WILLlAc\1S & OTTO
Date: March IS, 2006
BY7t":T' ~ '" t~'" ~
~d~ fa, rfsqUlre
Tcn East High Street
Carlisle, P A 17013-3093
(717) 243-334]
Attorneys for Plaintiff
.
CERTIFICATE OF SERVICE
I, Tricia D. Eckenroad, an authorized agent of MARTS ON DEARDORFF WILLIAMS &
OTTO, hereby certifY that a copy of the foregoing Praecipe was served this date by depositing same in the
Post Office at Carlisle, P A, first class mail, postage prepaid, addressed as follows:
Mr. Mark D. Sanborn
590 Federal Street
Belchertown, MA 01007
MARTS ON DEARDORFF WILLIAMS & OTTO
~;k!1(!~~
Ten East High Street
Carlisle, PA 17013
(717) 243-3341
Dated: March 30, 2006
(")
-I'}
0 ~ ~.~,
C: (U -..0 i!":
1. >)
t- \> r,)
L \)
- ---- - -
F - \'- -U ~" "
,-", :"1
-J 1v \\ ".,-' >>
f"' r _r- -J
:;; \' v:; ::<.
~ C> f!-
Qs ~
~
~--Z ----.z:-
(1
~