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HomeMy WebLinkAbout09-1343vl F:\FILES\Clients\DickinsonCollege7619\Collections\Cwrent\124\7619C.124. cottJdtg Created: 8/12/03 8:59AM Revised: 3/3/09 9:41AM ' 7619C.124 Christopher E. Rice, Esquire I.D. No. 90916 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff DICKINSON COLLEGE, Plaintiff V. ELIZABETH A. LEHMAN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. CIVIL ACTION-LAW 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, 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 (717) 249-3166 F: \FILES\Chents\DickinsonCollege7619\Collections\Current\124\7619C.124.com Created: 1/4/05 0:35PM Revised: 3/3/09 9:41AM Christopher E. Rice, Esquire I.D. No. 90916 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES 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. 09- 13113 Te__ r CIVIL ACTION-LAW ELIZABETH A. LEHMAN, Defendant COMPLAINT AND NOW, comes Plaintiff Dickinson College by and through its attorneys, MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER, and hereby avers as follows: 1. Plaintiff Dickinson College is a Pennsylvania educational institution and nonprofit corporation with its principal place of business at West Street, Post Office Box 1773, Carlisle, Cumberland County, Pennsylvania 17013. 2. Defendant Elizabeth A. Lehman is an adult individual with a last known address of 1546 Old Bustleton Pike, Churchville, Bucks County, Pennsylvania. 3. On or about August 31, 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 her 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 August 31,1999, Defendant entered into an additional PromissoryNote - Federal Perkins Loan Program (Note #2) with Plaintiff for the financing of $1,000.00 plus interest and costs by Defendant on her 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 collective principal for Note #1 and Note #2 was $3,000.00. 8. Note # 1 and Note #2 grant Plaintiff reasonable collection and attorneys' fees which Plaintiff has calculated to be $500.00. 9. As of December 22, 2008, the principal and interest due and payable by Defendant to Plaintiff under Note #1 and Note #2 was $3,735.10, with interest accruing at $.41 per day. 10. Plaintiff has fulfilled, performed and complied with all obligations and conditions of Note # 1 and Note #2. COUNTI BREACH OF CONTRACT 11. Plaintiff hereby incorporates by reference the averments contained in Paragraphs 1 through 10 of this Complaint. 12. 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 $3,735.10, plus interest accruing at $.41 per day from December 22, 2008, 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 1 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 in return. 16. Defendant has become enriched in the amount of $3,735.10, plus interest accruing at $.41 per day from December 22, 2008. WHEREFORE, Plaintiff demands judgment against Defendant in the amount of 3,735. 10, plus interest accruing at $.41 per day from December 22, 2008, collection and attorneys' fees in the amount of $500.00 and costs of suit. By. Date: 3' 3 /,0 / MARTSON LAW OFFICES Christopher E. Rice, Esquire I.D. Number 90916 Ten East High Street Carlisle, PA 17013-3093 (717) 243-3341 Attorneys for Plaintiff This a debt collecting firm. Any information obtained will be used for that purpose. EXHIBIT "A" FEDERAL PERKINS LOAN PROMISSORY NOTE 00273-000-00-3537-09 1. Name (last first, middle Initial) and 2. Soctai 5ecu(K-1 llfurnpeK Permanent Address (stireet cifjl, state;zip code);: .. ????=tea=1 a?3 3. q?t a-:df-A ir, Elizabeth A. Lehman 10 /0*?,a/F,0 (. 15?6 OS CWUWph" ?m4-4A 5. Daveet,140 crge Dumber. (List State abbreviates, tirsQ 6. School Name cat Address (street, city, state, zip code) I Borrower status B. Interest Rate Dickinsm CD11e a 1.10 time or greater ? Lass that, half-tittle 5% P.O. Bc K 1773 9. Loan Amount- 10. Loan Period Carlisle, PA 17013-2896 1$2,000.00 1998-1999 TERMS AND CONDITIONS: (Any bracketed clone or paragraph moy be included at option o(btsdtutlonj APPLICABLE LAW - The tents 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 arc 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 I am a less than a half-time borrower) after the date I, am 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 caned the Secretary) and ending 10 years later. unless I 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 I am required by my school to make minimum monthly payments. Upon my written request my repayment period may be artanded 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 round my Installment payment to the next highest multiple of $5. (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) 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 1 do not make a scheduled payment when due or if I fall to submt 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 Wier the scheduled repayment was die or include It with the next scheduled repayment after I have received notice of the charge, and such notice is sent before the next installment is due. . REQUESTS FOR DEFERMENT, CANCELLATION OR FORBEARANCE - To receive deferment, cancellation, or forbearance benefits. I must make a written request to the school and must submit to the school any documentation the school requires to prove my eligibility for these benefits. I am responsible for submitting the appropriate requests on time, and I may lose my benefits if I fail to file my request on time, DEFAULT - If I fall to make a scheduled payment when due; if I fall 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 tie 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 amount not paid when dace. I 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 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 MUST BE REPAID Borrow rrs Signature Dater 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 adiust any repayment schedule w reflect rimy 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 Les-Than-Half-Tune Borrower with outstanding Federal Perkins Loans, my repayment begins when th¢ next sctudakd installment of my outstanding loan is due. If I an 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-arhi student. My payments will name after a post deferment grace period of 6 months that follows deferrnents that apply to Federal Perkins loans. PREPAYMENT - I may prepay all or any part of my unpaid loan balance. plus any accreted interest, at any time without penalty. Amounts I repay in the academic year In which the loan was made and before the.initial grace period has ended will be used to reduce the amount of the loan and will not be considered a prepayment. If I repay amounts during the academic year in which the loan was made and the lntidal 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 mintmur n 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-die 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 AmerkCorps. Interest accrues during any period of forbearance. DEFERMENTS - Upon making a properly documented written request to the school. 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 1 am seeking but 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 riot 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 be liable for any interest that might otherwise accrue for a six-month period immediately following the expiration of any deferment period described in this paragraph. CANCELLATIONS - Upon making a properly documented written request to the school. I am 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 must be performed after I receive the loan. A. Teaching • a full-time teacher in a public or other nonprofit elementary or secondary school, that has been designated by the Secretary in accordance with the provisions of section 465(a)(2) of the Act.ss a school with a high concentration of students from low-intone 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 mats maucs, science:, foreign languages, bilingual bducation, or arty 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 an 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 can 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 primipal ban amount for the fifth year. E 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 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 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. I. Death and Disability Cancellation - In the event of my death, the school will cancel the totahamount.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 (NDSL) TRUTH-IN-LENDING STATEMENT DICKINSON COLLEGE Account Number 00273-000-00-3537-09 Name of Borrower Elizabeth ?(A. Lehman ?i Address . 1 ? Zf 6 01Ul eu3 -Di ?`-x- ... ANNUAL PERCENTAGE RATE The cost of your credit as a yearly rate. Prior to repayment 0 % During repayment 5 % AMOUNT FINANCED The amount of credit provided to you. $ 2,000.00 Itemization of the Amount Financed: $ 20000.00 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 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. n'1E BORROWER ACKNOWLEDGES RECEIPT OF AN EXACT COPY OF THIS STATEMENT. STUDENT INSTITUTIONAL ?? BORROWER PRESENTATIVE` DATE DATE `Tj 31 /ct 9 EXHIBIT "B" FEDERAL PERKINS LOAN PROMISSORY NOTE 1. Name past, first, middle initial) and Permanent Address (street, city, state, zip code) Lehman, Elizabeth A. 1546 Old Bustleton Pike Churchville, PA 18966 00273-000-00-3537-09 ? -./Z3 7, / Q _;2_ 0"D 4. Area Code/Teiienhone Nun (215) 364-4461 6. School Name & Address (street, city state, zip code) Dickinson College P.O. Bax 1773 Carlisle, PA 17013-2896 TERMS AND CONDMONS: state abtNauillS)on:(fiSr1.' 7. Borrower Status 8. Interest Rate Flsif-uric q giaetar ? lass tlhan wg-mtrte 9. Loan Amount: 110. Loan Period 1999-2000 I 1 00(), oU [Arty bracketed dare or paragraph may be kxkxbd at option of irotituion,) 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 tailed the Act), as well as Federal regulations issued under the Au. 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 instltutkm (hereinafter called the school) over a period beginning 9 months (or sooner If 1 am a less than a had time borrower) after the data I case to be at least a half-time student at an Institution of higher education or a comparable school outside the United States apptwed by the United States Secretary of Education (hereinafter called the Secretary) and ending 10 years later, unless I request in writing that my repayment period begin sooner. I understand that the school will report the amount of ray installment payments, along with the amount of this Joan 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 mirdmum monthly payments. Upon my written request my repayment period may be erasuled during periods of deferment, hardship. or forbearance and I may make graduated Wtaibnents in accordance with a schedule approved by the Secretary. I will make my Installment payments in equal monthly, bimonthly or quarterly installments as detatnined by the school. The school may round my installment payment to the resat highest multiple of $5. [1 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 I fall to sulwdt 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 beraft 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 1 have received notice of the charge, and such notice is sent before the next installment is due. REQUESTS FOR DEFERMENT, CANCELLATION OR FORBEARANCE - To receive deferment, cancellation, or forbearance benefits, I must make a written request to the school and must submit to the school any documentation the school requires to prove my eligibility for these benefits. I am responsible for submitting the appropriate requests on time, and 1 may lose my benefit if I fait to file my request on time. DEFAULT - If I fail to make a scheduled payment when due: if I fad 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 we satisfactory to the school or the Secretary to repay my loan. CHANCE OF STATUS - I 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 fetes 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 security 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 MUST BE REPAID ?? 1 Perks 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'•thb N*ymenct period for up to an'addltigrc:ll tin (10).-yew and may'' adJus( any repayment schedule to reflect my trieome. Upon iffy written request, the school may extend the repayment period it in its opinion, prolonged illness or unemployment prevep! me from making the scheduled repayments during which time. Interest -gill continue to accrue. The school may permit me to pay less than the minimum monthly repayment rate for a period of not mom than one year at a time if I experience a period of prolonged illness or unemployment except such aiVon may not extend the repayment period beyond 10 years. - GRACE PERIODS - My tedtial grace period before beginning repayment is 9 months. If I am a Less-Tan-Halt--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-Three Borrower with no outstanding Federal Perkins Loans, my repayment begins the earlier or. 9 months from the date my. loan was made, or 9 months from the date I became less clan a h,0f,?irne.stucknt, even,lf I ,rexettned loan after I became a less. tl,ar,? Halfrnc stiicldn: My Pam" its wllkaftir a Post=tlefsrrYie{tk grace pek 6f•6 moiitlis that follows def4rrt eiits ths(t aPp1y to ederal Peikinsz 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 yea' in whidr the loan was made and before the initial grace period has ended will be used to reduce the amount of the loam and will not be considered a-prepayrnent. If I relay 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 union I designate it as an advance payment of the next regular installment. MINIMUM MONTHLY PAYMENT - I will make a minimum monthly repayment of 340 (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 ofsliption 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 advantcd by each school. FORBEARA NCR - 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 malting 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 pout-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; 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 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 instailnierit payments and wilt not be liable for any interest that might otherwise accrue for a six-month period immediately following the expiration of any deferment period described in this paragraph. CANCELLATIONS - Upon making a properly documented written request to the school, I am entitled to have up to 100% of the original principal loan amount of this loan canceled If I perform service in the areas listed in paragraphs A. B. C. D and E below. Qua?lltvtng eMce must be performed after I riccii the ban:' ' 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 farni tes. 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- noriprofnt 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 Disaf?Uttiessttregtioxu ' Itltalxrttipsa Setvfces are provided to; infants and toddi"` vi7ihr dfsiW , C. Law Enforcemern or Corrections Of ter • a feill-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 Medial Technician • a full-time nurse providing health are services; or - a full-time medial technician providing health care aervim. 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 fundles of such children. Cancellation Rata - For each completed year of service under paragraphs A. B. C, D and E a portion of thts'loan will be canceled at tie following rata: • 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 ban 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 quaNlying service performed after I receive the ban as: - a full=time staff member in the-educational component of a Head Start program which is operated-for a perbd'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 provisitm. Oils loan will be co celeci at the rate of 15% of the original principal Ioan amount G. Military Canallatioq - Upon making a properly documented written request to the school. I am entitled to have up to 60% 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 yew of service under the Military Cancellation provision, this loan will be canceled at the rate of 12 1/2% of the original principal loan amount H. Volunteer Service Cancellation - Upon making a properly documented written request to the school, I am entitled to have up to 70% of the original principal loan amount of this loan canceled for qualifying service performed after I received the loan as: - a volunteer under the Peace Corps Act; • a volunteer under the Domestic Volunteer 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 w111 be canceled at the following rates: - 15% of the original 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 school will cancel the?tofal`amount.owed on this loan.jf I become.permariendy and,, totally disabled after I receive this loan, the school will tantalite total amourit owed on this loan. , . - PERKINS (NDSL) TRUTH-IN-LENDING STATEMENT DIC<INSON COLLEGE Account Number 00273-000-00-3537-09 Name of Borrower F1 ; zabeth A Lehman Address 1546 Old Bustleton Pike Churchville, PA 18966 ANNUAL PERCENTAGE RATE The cost of your credit as a yearly rate. Prior to repayment 0 % During repayment 5 7. AMOUNT FINANCED The amount of credit provided to you. $ 2,000.00 Itemization of the Amount Financed: $ 2000.00 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 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 AMNOWLEDGES RECEIPT OF AN EXACT COPY OF THIS STATEMENT. 15TUDENT_. INSTITUTIONAL !-BORROWER' o___....RRPRESENTATIVE D_ATE;_9 ?' 1 IJY DATE r ?? _ VERIFICATION I, Tkomas f , Bursar 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 Dated: #3PY CA) W Sheriffs Office of Cumberland County R Thomas Kline awvt ?' T-Umb" •-?^?u L ??•?'rr Sheri Solicitor ? a k y Ronny R Anderson Jody S Smith ° Chief Deputy QFFtCE OF rHE SHERIFF Civil Process Sergeant SHERIFF'S RETURN OF SERVICE 03/12/2009 R. Thomas Kline, Sheriff who being duly sworn according to law states that he made a diligent search and inquiry for the within named defendant, to wit: Elizabeth A. Lehman, but was unable to locate her in his bailiwick. He therefore deputized the Sheriff of Bucks County, PA to serve the within Complaint In Mortgatb Foreclosure according to law. 03/25/2009 Bucks County Return: And now, March 25, 2009 I, Edward Donnelly, Sheriff of Bucks County, Pennsylvania, do hereby certify and return, that I made diligent search and inquiry for Elizabeth A. Lehman the defendant named in the within Complaint and that I am unable to find her in the County of Bucks and therefore return same NOT FOUND. Deputy needs better address for service. SHERIFF COST: $42.42 March 25, 2009 SO ANSWERS, R THOMAS KL E, SHERIFF Docket NO. 2009-1343 Dickinson College v Elizabeth Lehman APR _1 P* t. 25 o BUCK CU 4,T OC SHERIFF'S RETURN 1 of 1 Bucks County Case # 200930705 Invoice to be mailed to Filed 3 /4 /2009 in CUMBERLAND COUNTY Bucks Case # 200930705 Rec'd 3/16/2009 Special Instructions CUMBERLAND County Sheriffs Office Attn: Action Civil Action COMPLAINT Plaintiff DICKINSON COLLEGE -VS- Defendant ELIZABETH A LEHMAN 1546 BUSTLETON PIKE CH HVILLE, PA 18966 CHRISTOPHER E RICE, ESQ Special Instructions OFFICIAL RECEIPT RECEIPT # 2009 1 05068 TRMSACTION # sm 20109 30705 FOR C CUMBERL40 CO S 03/16/2009 11:42 PC #0068434 48-00 TOTAL PAID 48-00 TOTAL COST 48.00 CHANT 0.00 THf*4K YOU Notes AMM Y-114 ?Qt erg N n70Q+ d 11 T, /h) - Address Served if Different Served under Pa. R.C.P.#402 (A) (i) Defendant personally served (A) (2) (i) Family Member (A) (2) (i) Adult in Charge of Residence (A) (2) (ii) Manager/Clerk at Deft's Lodging (A) (2) (iii) Person in Charge of Business By Handling to Posting dZr;Days Ran Out Defendant Not Home Defendant Moved Address Vacant Defendant Unknown Deputy needs better address Checked Post Office No Forwarding Forwarding Address (RP oro By Deputy Witness _ At 1102 Sl9 o'clock ( AM P on The above document was servnot serv n the defendant as per information listed above in u of Bucks, Commonwealth of Pennsylvania. So answers: .. 'L?- --4Z7 , Affi ed and Subscribed before me on tj* day a-4, --3 / 09 Prothontary Affirmed and subscribed before me on this day Notary Public My Com. Exp. 3/16/09 1146 100 In The Court of Common Pleas of Cumberland County, Pennsylvania Dickinson College Elizabeth A. Lehman 1546 Bustleton Pike Churchville, PA 18966 VS. Civil No. 2009-1343 Now, March 12, 2009, I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of -Q&4 County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. a? C-YS r -00,- &:? jo&? 4 Sheriff of Cumberland County, PA Affidavit of Service Now, within upon at by handing to a and made known to copy of the original the contents thereof. So answers, Sworn and subscribed before me this day of ,20_ Sheriff of COSTS SERVICE $ MILEAGE_ AFFIDAVIT County, PA 20 , at o'clock M, served the I t i 4 v +f 1 b0 :II V 5Z dvw booz ddf?!?NS _. _ - F:\FILES\Clients\DickinsonCollege7619\Collections\Cwrent1124\7619C.124.pra rein/drg Created: 8!12103 8:59AM Revised: 4114/09 10:08AM 7619C-124 Christopher E. Rice, Esquire I.D. No. 90916 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff DICKINSON COLLEGE, Plaintiff V. ELIZABETH A. LEHMAN, Defendant To the Prothonotary: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2009-1343 CIVIL ACTION-LAW PRAECIPE Please reinstate the Complaint in the above-captioned matter. MARTSON LAW OFFICES By: Date: Lf I?c f/a y Christopher E. Rice, Esquire I.D. Number 90916 Ten East High Street Carlisle, PA 17013-3093 (717) 243-3341 Attorneys for Plaintiff This a debt collecting firm. Any information obtained will be used for that purpose. O TI " F 2009 AP 17 A 9: 9 Sheriffs Office of Cumberland County R Thomas Kline IV of cu+nbrrfJ Edward L Schorpp Sheriff 1 Solicitor Ronny R Anderson Jody S Smith Chief Deputy ors cE `-F '"E "ERIrF Civil Process Sergeant SHERIFF'S RETURN OF SERVICE 04/20/2009 R. Thomas Kline, Sheriff who being duly sworn according to law states that he made a diligent search and inquiry for the within named defendant, to wit: Elizabeth A. Lehman, but was unable to locate her in his bailiwick. He therefore deputized the Sheriff of Bucks County, PA to serve the within Complaint and Notice according to law. 04/28/2009 09:52 AM - Bucks County Return: And now April 28, 2009at 0952 hours I, Edward Donnelly, Sheriff of Bucks County, Pennsylvania, do herby certify and return that I served a true copy of the within Complaint, upon the within named defendant, to wit: Elizabeth A. Lehman by making known unto Valerie Lehman, adult in charge at 1546 Bustleton Pike, Southampton, PA 18966 its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $37.42 May 06, 2009 SO ANSWERS, R THOMAS KLINE, SHERIFF Docket No. 2009-1343 Dickinson College v Elizabeth Lehman Q ? xro» ?r r-n JJ T'?.Q I? TO , . ?. C)