HomeMy WebLinkAbout01-0172DICKINSON COLLEGE, :
Plaintiff
HEATHER LEIGH ROY,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 2001- /70~ CIVILTERM
NOTICE
You have been sued in court. If you wish to defend against the claims set forth in the
following pages, you must take action within twenty (20) days after this Complaint and Notice are
served, by entering a written appearance personally or by attorney and filing in writing with the court
your defenses or objections to the claims set forth against you. You are warned that if you fail to do
so, the case may proceed without you and a judgment may be entered against you by the court
without further notice for any money claimed in the Complaint or for any other claim or relief
requested by the Plaintiffs. You may lose money or property or other rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET
FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP:
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, Pennsylvania 17013
Telephone (717) 249-3166
MARTSON, DEARDORFF, WILLIAMS & OTTO
Mz6rk AiD. N~.D~;794i~, Esquire6/
Ten East High Street
Carlisle, PA 17013
(717) 243-3341
Attorneys for Plaintiff
Date: January 8, 2001
DICKINSON COLLEGE,
Plaintiff
HEATHER LEIGH ROY,
Defendant
1N THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 2001- / '7,2.~ CIVIL TERM
COMPLAINT
AND NOW, comes the Plaintiff, Dickinson College, by and through its attorneys, Martson
DeardorffWilliams & Otto, and hereby avers as follows:
1. Plaintiff is Dickinson College, 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 Heather Leigh Roy is an adult individual with a last known residence at
3321 Ansonville Marshville Road, Marshville, North Carolina 28103.
3. On or about August 29, 1994, Defendant entered into a Promissory Note - Federal
Perkins Loan Program ("Note gl") with Plaintiff A copy of this Note #1 is attached hereto as
Exhibit "A'.
4. The Note gl provided 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.
5. On or about October 11, 1995, Defendant entered into an additional PromissoryNote
- Federal Perkins Loan Program ("Note #2") with Plaintiff. A copy of this Note #2 is attached hereto
as Exhibit "B".
6. The Note #2 provided for the financing of $2,500.00 plus interest and costs by
Defendant on her own behalf for educational services and benefits at Plaintiff's institution.
7. On or about January 21, 1997, Defendant entered into an additional Promissory Note -
Federal Perkins Loan Program ("Note #3") with Plalntiff A copy ofthis Note #3 is attached hereto
as Exhibit "C".
8. The Note//3 provided 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.
9. On or about May 13, 1998, Defendant entered into an additional Promissory Note -
Federal Perkins Loan Program ("Note//4") with Plaintiff A copy of this Note//4 is attached hereto
as Exhibit "D".
10. The Note //4 provided for the financing of $1,500.00 plus interest and costs by
Defendant on her own behalf for educational services and benefits at Plaintiff' s institution.
11. The total collective outstanding principal balance for Note #1, Note//2, Note//3 and
Note//4 is $8,000.00.
12. As of November 10, 2000, the outstanding balance due and payable by Defendant to
Plalntiffis $8,686.22, plus interest of $1.092 per day and costs accruing thereafter
13. The outstanding balance of $8,686.22 represents the total and actual overdue value
of the financing provided to the Defendant under Note//1, Note #2, Note #3 and Note//4 for which
Defendant has yet to pay.
COUNT I
BREACH OF CONTRACT
14. Plaintiff hereby incorporates by reference the averments contained in paragraphs 1
through 13 of this Complaint.
15. Plaintiff has fulfilled, performed and complied with all obligations and conditions of
Note #1, Note #2, Note #3 and Note #4.
16. Defendant has breached the expressed and implied obligations, conditions and terms
of agreement of Note #1, Note #2, Note #3 and Note #4 to pay the amounts financed therein.
WHEREFORE, Plaintiff demands judgment against the Defendant in the amount of
$8,686.22, plus interest at $1.092 per day and costs accruing subsequent to November 10, 2000, and
said amount is within the limits set forth for compulsory arbitration in Cumberland County,
Pennsylvania.
COUNT II
OUANTUM MERUIT
17. Plaintiff hereby incorporates by reference the averments contained in paragraphs 1
through 16 of this Complaint.
18. The Defendant is liable to the Plaintiffand/or has been unjustly enriched in the amount
of $8,686.22 plus interest at $1.092 per day and costs accruing subsequent to November 10, 2000.
WHEREFORE, Plaintiff demands judgment against the Defendant in the amount of $8,686.22
plus interest at $1.092 per day and costs accruing subsequent to November 10, 2000, and said
amount is within the limits set forth for compulsory arbitration in Cumberland County, Pennsylvania.
Date: January 8, 2001
MARTSON DEARDORFF WILLIAMS & OTTO
l~fark A. Denl~er, Esqu't~
I.D. No. 83794
Ten East High Street
Carlisle, PA 17013-3093
(717) 243-3341
Attorneys for Plaintiff
VERIFICATION
Thoraas Meyer, who is the Ass/Mnt Treasun~r of Dickinson College and acknowledges that he
h~ thc authorkyto execute th/s Verification on behalf of Dickinson Co~]ete, and farthe~ certifies tha~
the foregoin~ Complaint is based upon information which has been gathered by my counsel in the
preparation ofthelawsult. Thelanguag¢ ofthis Complaint isthat o£~ounsel and not my own. Ihave
read the document and to the extent that the Complaint is based upon ir~ormafion which I have given
tO my counsel, it is true and ~orrect to the best of my knowledge, information and belief. To the
extent that the content oi'the Complaint is that of counsel, I have relied upon cotmscl in ~ this
Verification.
This statemellt arid Verification ate made subject to the penalties of 18 Pa. C.$. Section 4904
relating to unswom Pdlsifioation to authorities, which provides that ii' I make knowingly false
avennents, I may be subject to criminal penalties.
Dickinson College
By:
Tl,.~mas Meyer
Exhibit A
PERKINS (NDSL) TRUTH-IN-LENDING STATEMENT
DICKINSON ¢OLLEG~
Account Number
Name of Bor~owmr
Address
00273-000-00-2914-09
Heather L. Roy
P.O. Box 204
Henderson NY 13650
ANNUAL PERC~NTAG~
The cost of your
credit as a yearly
race.
A~OUNT FINANCED
T~e amount of
credf: provided
=o you.
Prior co Durtn8
repayment repayment
0 % 5 %
2,000.00
II:em/zattou of the Amount Financed: $ 2,000.00
Amoun: given dfrecciy co you.I
Late Charge:
If a payment is lace, you may be charged: $1.00 for the first
lace paTmenc, and $2.00 for each subsequent lace payment if
ch~ loan is payable monthly, $3.00 for each lace payment if
chis loan is payable bimonthly, $6.00 for each lacs payment
if this loan is payable quar:erl7.
Prepayment: If you pay off early, you will hOC have =o pay a penalty.
See your promissory note for any additional information about nonpayment,
fault, any required repayment in full before the scheduled date, and pre-
payment,
T}IE BORROWER ACKNOWLEDGES KECEI2T OF AN EXACT COPY OF THIS STATEMENT.
INSTITUTIONAL
REPRESENTATIVE ~~.~.~..~_.~
!
DATE ~ --Lq- q ~ ~xhibit
=O9
Promissory Note~Federal Perkins Loan Prozram
[Any b~lr~mi clause or p~ar~gr~h may be i~lud~ ~ op~on of ~m~on.l
[, eathe~ L. KO.~ ,pr~pay~ Dickinson Colleqe ~i~r~e
~m~on),l~t Ca~lisle, PA 17013 2896 ,~e~mof~e~a~v~me~eador~in~e
S~ule of ~v~c~ ~t ~ below. I p~mi~ ~ pay ~ ~le colorlon c~, ~lu~g ~mey f~s ~ ~ c~s, n~ for
~e co~o~ of ~y ~nt not ~d when due,
of 1965, ~ ~ ~e~i~r c~ ~e ~t), ~ ~ ~bj~t ~ ~e Act ~ ~e F~e~ ~gul~o~ i~ u~er ~ ~t. ~
no~ ~ be ~ ~ ~o~e ~ ~e ~t ~ F~e~ region, c~i~ of which ~ ~ ~ ~t by ~e
~) P~u~ ~or R~eiviut ~ent. ~cel~on. or Forbe~ce. I u~e~ ~, ~ ~ive a defe~n~ ~eH~on.
for~e, l mu~ ~q~ ~m de~u~ ~n, or forb~e ~ ~fi~ ~m ~e ~m~on ~ m~ ~b~t ~ ~m ~on ~y
~ e~gible ~r ~ent. ~el~, or for~e u~er ~cl~ ~ ~ ~. I ~ r~ble for ~a ~e ~p~
on ~me. I ~er under~ ~at t ~y 1~ my decedent. ~eHafion, ~ ~r~e ~ if I ~1 m file my ~qu~ on ~me.
(~) on ~e unp~d b~e, except ~t no ~r~t ~ ~c~ du~ ~y defe~ent ~ de~b~ ~ ~cle ~
(I) [ p~mi~ ~ ~pay ~e p~ci~ ~d ~e intent ~t ~c~ on it m ~e ~on over a ~ ~n~ ~ ~) monks ~r
c~ to ~ ~ 1~ n ~me reau~ ~dent ~ ~ ~on of hi.er ~oa, or ~ a compile ~m~on ~m ~ U~ S~s
~prov~ for ~s pu~ by ~e U~ S~s S~ of ~on ~e~r ~led ~e ~re~), ~ e~[ ~ (1~ y~s I~r~
~t pe~ ~ [~o~ u~er p~h ~(~. or] ex~ed ~er ~hs ~(4), ~ (ext~o~), ~(l), or ~0)
O)(A) I p~ ~ ~y ~e p~ip~ ~ ~ over ~ c~r~ of ~e ~ayment ~ ~ eq~ m~y. bim~y, ~ q~rly
i~ea~, ~ de~n~ by ~e ~on. ~ unde~ ~. if my ~eut pa~ent for ~1 ~e 1~ m~ m me by ~e ~on is ~t
mui~ple of ~, ~e ~m~on ~y round ~at payment ~ ~e next hi.est doll~ ~ount ~ is a mul~ple of ~.
~) No~ p~ph ~(3)(A), upon my ~it~n reque~, repayment ~y ~ made in g~ ~en~ in ~cor~ce ~ a
~hedule ~p~v~ by ~e
(4) No~in~ ~h ~(t), if I q~i~ ~ a I~-~come individu~ du~n~ ~e repayme~ pe~. ~a ~im~on. upon my
~e~. ~y ~ ~e ~ayment peri~ for up to ~ ~d~tio~ ~n (10) ye~s ~d may ~j~ ~y ~yme~ ~h~ule ~ refl~t my
~ my F~ Pm~ ~, ~lud~ ~s 1~. is le~ ~ ~0.00 per mo~, I ~ ~ay ~ p~cip~ ~d ~st
(~) ~ X ~ve ~eiv~ Fede~ Pe~ ~ ~m o~er i~fi~o~ ~ ~e ~ mo~y ~payment ~ on ~ 1~ is le~
mon~ly ~ on my ~ F~e~ ~ ~.
(6) ~e,~m~on ~y pe~it me ~ pay le~ ~ ~e ~ of ~0.00 per mon~ ~r a pe~ of not m~ ~ one (1) y~
~e~ ~e~ ~ avoid h~p ~ me u~e~ ~at ~on ~uld exte~ ~e ~payment ~ in p~ph
~ ~ ~oa may. u~a my ~n reque~. ~duce ~y ~heduled ~paymen~ or ex~ ~e ~payment ~ indlea~d in p~ag~ph
~(1), if. in i~ ~i~on, c~um~ees such ~ prolonged illne~ or u~mptoyment prevent me ~m m~n~ ~e ~h~uled ~paymen~.
~o~ver. ~ ~1 continue ~ ~c~e.
(1) l may, ~ my option ~ ~out pe~ty, p~pay ~ or ~y p~ of ~e p~ip~, plus ~y ~c~ed ~ ~n, ~ ~y ~m~.
(2) ~n~ ~ repay in ~e ~emic y~ ~ which ~e I~ ~ m~e ~d ~e ~ g~e ~ h~ ~ en~ ~ be u~ ~ ~e ~e
~t of ~e 1~ ~d ~l not be co~ider~ a p~payment.
~) ~ ~ ~pay ~oun~ du~n~ ~e ~e~c y~ in which ~e 1~ ~ m~e ~ ~e i~fi~ ~e ~ end~, o~y ~o~ ~n~ in exc~
· e ~ount due For ~y repayment pe~ ~ be co~idered a p~payment.
(4) ~, in ~ ~emic ye~ o~er ~ ~e awed ye~ in which ~e 1o~ w~ made, I repay more ~ ~e ~ount d~ for ~ i~]ment.
e~ ~tl ~ u~ m repay p~ncip~ u~s I desig~e it ~ ~ ~v~ce payment of ~e next regul~ i~lment.
Default
(1) ~e ~i~tion may. at iu op~on, decl~e my Io~ to be in default ~d may dem~d immed~a~ payment of ~e entre u~d b~ce of
· e I~. including princip~, in.rest, late ch~ges. ~ collee~on cos~, if--
(A) I do not m~e a ~h~uled payment when ~ue under ~e repayment ~hedule es~bli~ed by ~e ~tim~on; ~d
~) [ do not ~bmit ~ ~e ~i~on, on or ~ore ~e date on which payment is due, d~umen~t~on ~t ~ q~i~ For a de~e~eflt,
(2) ] unde~d ~at ~e ~stimtion may di~[o~ to credk 5ureau orga~tions ~e ~ount o~ Io~s made to me, ~ong ~ o~er relev~t
Page t of 4 Federal Perkins/July 1993
information.
('3) I undsrgand that, if I dsf~ult on my loan, the Institution may disclose that I have defaulted, alou~ with other relevant information, to
credit bureau or~lsizations.
(4) Further, ! understand that, if I default on my loan and the loa~ is assigned to the Secretary for collection, the Secretary may dissloss that
[ have defaulted, along with other relevant information, to credit bureau organizations. (5) I understand that, if I default on my lois, I will loss my right to forbearance,
(6) I understand that, if I default on my lois, I will lose my right to defer repayments.
(7) [ understand t~at, if the Ii~titutinn accelerates the loan under paragraph V(1), ! will lose my right to receive a cancellation of a portion of
my loan for any ssrvice described in Afiicles VIII, IX, X, XI, ~11, X]II, or X1V performed after the date the Institution accelerated the luau.
(8) I understand that failure to pay this obligation under the terms agreed upon will prevent my obmln!ni additional student financial aid
authorized cedar Title IV of the X-li~hor ~ducatinn Act of 1965, as amended, until ! have made arrangements that ara satisfactory to the
Institution or the Secretary regarding the repayment of the loan.
VI. l=arbearance
(l) I nedersf~m'l that, upon makin~ a properly documented wr/tten request to the Inst/tutinn, I anl entitled to be ~,ranted forth of
principal lsd interest or principal only, rencwable at l~*-month integrals, for a period not to exceed three years, if-
(A) My debt burden equals or exceeds 20 per~ent nj* my gross income; or
(B) The htstitutico determines that I qualify far other reasons.
VII. Deferment
(1) ! understand that, upon m~l~!~s~ at properly documeuted written request to the Institution, I may defer makin~ scheduled installment
payments and will not be liable for any interest that might othorwlss accrue durin~ the followin~ periods:
(A) [~or lay per/od that ! usa-
(i) Enrolled and in attendance ss n regular smdeat in at least n half-time courss of study at an eligible in~titutinn;
(ii) Enrolled and in attendance as a regular student in a course of study that is part of n graduate fellowship proEram approved by the
Seuretery;
(iii) ~u~a~ed in gred~-*e or polt-~rnduata fellowship, supported study (such as a ]~utbright nrant) outside the Un/ted S*,.*,,-: or
(iv) Enrolled and in atte~,~-*,,'n in n course of study that is part of a rehabilitation training program for disabled individuals approved by the
Secretary.
(~) For stay period that I asa en~[aged in ssrviea dsear/bod in Articles VIII, IX, X, XI, XII, XIH, or XIV of this aF, reement.
(C) For a period not to exceed three (3) years during which-
(i) I asa seeking and unable to find full-~e employment; or
(ii) For lay reason that my I~tution detarmlnse has caused or will cause mn to have an economic hardship.
(2) I understand that I am not ellglbia for st deformnat under paragraph Cv'II)(I)(A) while I am~sstwing in a medical internship or residency
pro.'am.
(3) I understand that I may coptlm~*-, to defer makini ssbeduied installment payments and v~ll not be liabln for a~y interest that m/F, ht
otherw/ss accrue for a six (6) mouth period immediately follow/ag the explragon of any deferment provided in paraEraph VII(l),
VIH. Teechine Csm<:~=llat/on
(1) [ nndnrstimd that, upon making a properly dncnmanted written request to the Institution, I am natltled to have up to 100 percent of the
amount of this loan pins the interest thereon canceled if ! perform qualifying ssrvice alter the period for which I received thn toan~
(A) As u filll-time teacher in a public or othnr nonprofit elementary or secondary school ia thn school dhtrict of n local oducationai s~ency
that is al/libie in such yen' of sarvian for funds under Chapter i of the Education Consolidation and hnprovemeot Act of t981, ls amended, smd
which has been desiEnated by the Secretary (after consultation with each State Department of Education) in ecnordancn with the provisions of
section 465(a)(2) of the Act as n school with & high concentration of students from low*income fiunilles. An ofbclai Directory of dasi~j~
iow-income schools is published lsnualIy by the Secretary;
(B) As a foil*time special education teacher (including teachers of infants, toddlers, children, or youth with disabilities) in a publ/c or other
nonprofit elementary or secondary school system, or as a foil-time qualified profassinual provider of early intervnntiou ssrvices in a public or
other nonprofit program under public supervision by the lead agency as lsthorized in section 676('o)(9) of the Indlviduais With Dilsbilltie~
Education Act; or
(C) As a full-time teacher of mathematics, science, foreign languaies, billntual education, or any other field of expel~iss that is dntarmined
by the State Department of ~ducation to hove a sportuEe of qualified teachers.
(2) A portion of this loan will be canceled for each completed year of teaching service at the followina rates:
(A) 15 percent of the total principal amount of the loan plus interest on the unpaid balance accruing durinE that year for each of the first and
sscond complete academic years of that teaching ssrvice;
(B) 20 percent of the total principal amouat oi~ the Ion3 pies interest on the unpaid balance accruini during that year for each of the third and
fourth complete academic years of that tenchinE ssrvice; lsd
(C) 30 percent of the total principal amount of the loan pins interest on the unpaid balance accruing during that year for the fifth complete
academic year of that teaching ssrvice.
IX. Head Start Callcellatinn
(1) I understand that, upon malting a properly documented written request to the Institution, I am entitled to have up to 100 percent of the
amount of this loan pies the interest thereon canceled if I perform qualifying ssrvice after the period for which I received the inau as a full*time
staff member in a Head .quart program if-
(A) That Head Start proEram is operated for a period that is comparable to a full school year in the locailty;
Page 2 of 4. Federal Perkies/luly 1993
(B) My ssls~ is not more tha~ the salary of a comparable employee of the lo,si educational agency.
~) ~s I~ ~11 be ~cel~ at ~e ~e of 1~ pe~ent of ~e ~ pduc~p~ mount of ~e 1~ pl~ in~ on
d~ns ~ y~ ~r ~h comple~ ~h~l F~ or eq~v~ent ~ of ~iee in ~ H~ S~ pro,rm.
~) ~ S~ is a p~h~l pm~ c~ out u~er ~e H~ S~
X. Mili~
(1) I u~er~d ~at, u~u m~l · p~ty d~umen~d ~n reque~ ~ ~e ~im~on, I ~ enticed m ~ve up ~ ~0 ~eut o~ ~e
p~cip~ ~n~ of ~s 1~ plus ~ ~re~ ~e~u ~cel~ if I ~rve ~ a member of ~e ~med Forces o~ ~e U~ ~es in ~ ~ of
h~u ~ ~fies ~r ~i~ pa~ u~er ~ou 310 of Ti~e 37 o( ~e U~ $~*-* ~e.
~) ~s I~ ~1 ~ ~eI~ ~ ~e rm of 12 1~ ~rceut of ~e ~ p~ncip~ ~ount o~ ~e I~ pl~ inter~ on ~e uup~d b~ce
~. Volun~ ~ce CncellafioD
(I) I u~d ~, upon ~-~L~i a p~perl~ d~umeu~ ~u ~que~ ~ ~e ~m~on, I ~ en~
~ount of ~s 1~ pl~ ~o hM~ ~er~n ~eled if I pe~om q~i~l n~iee a~r ~e pe~ for ~ch I ~v~ ~e I~-
- (A) ~ s voluu~r u~er ~e ~ Co~s Act; or
~) ~ t ~l~r ~der ~e ~m~c Voider ~ice ~t of lg~ (A~ON pro~).
(A) If ~t of ~e t~ p~ip~ mo~t o~ ~e 1~ pl~ ~r~ on ~e uup~d b~e ~c~h~ du~l
~ud ~1~ (12) mon~ ~ of ~lun~ M~ice compleX; ~
~ ~l~ (1~) mon~ ~d~s or volun~r ~ice ~pl~.
~. ~w EaFo~ent or Co~ Officer Cnce~ation
(1) I ~e~ ~, u~n m~ a p~rl~ ~men~ ~n ~qu~ m ~e ~M~ou, I ~ en~
~ount of ~ I~ pl~ ~e in~ ~u ~el~ if I ~o~ qu~h~ ~iee 8~r ~e p~ for ~ I ~eiv~
(A) ~ a ~-~o hw e~oreemeut o~er for ~ ~ ~ ~ble 1~, S~, or F~ 1~ ~emut q~l; or
~ A ~on o; ~s 1~ ~11 b cuceted for ~h c~pleMd ye~ oF law e~o~emeet or co~ec~ ~iee ~ ~e ~o~n~ ~s:
(A) IS ~ o~ ~e ~ p~i~ ~ouut o~ ~e i~ pl~ ~ on ~e unp~d b~ce ~cm~s du~ ~ ~ ~ ~h of ~e ~ nd
~o~ compl~ ~ oF ~ n~ice;
~) 20 ~ent o~ ~a ~ p~ip~ ~ount of ~e 1~ pl~ ~s~ on ~e unp~d b~ce ~cm~l du~l
~ compl~ y~ of ~ ~ice; ~
(~ 30 ~ent of ~e ~ p~cip~ ~ount of ~e I~ plus inte~s~ on ~e uup~d b~e ~cmini du~s ~m y~ For ~e fi~ comple~
~. ~u~ or Medic~ Te~ci~ C~cella~ion
(1) I u~ ~, upon m~ a p~pefly ~men~ ~u ~que~ m ~e ~mfi~, I ~ e~fl~
m~ of ~ lm pl~ ~e in2~ ~e~n c~el~ if I pe~o~ quailing ~iee e~er ~e pe~ ~r ~ch I ~eiv~ ~e lm ~ a ~tl-~me
uu~ or m~c~ ~h~c~ p~vid~ h~ c~o ~ices.
~) A ~ou oF ~ lm ~ ~ cnceled for ~h comple2d ye~ of Mrvice ~ ~e follo~n~ ~2s:
(A) IS ~e~ of ~e ~ p~ip~ mount of ~e 1~ plus interes~ on ~e uup~d b~e ~c~in~ du~
~nd compleM y~ of ~ ~ice;
~) 20 ~ent of ~e ~ p~ip~ mount of ~e 1~ plus in~re~ on ~e u~d b~ce ~c~ing d~f
~ compte2 y~ of ~ M~iee; ~d
(~ 30 ~ent o~ ~e ~ p~ncip~ ~ount o~ ~e 1~ plus intere~ on ~e unp~d b~e ~c~inf duff ~ y~ for ~ fi~ ~mple~
y~ o~ ~ m~ice.
~. Child or F~ilv Service Aeency C~cetletion
(1) I un~d ~, u~n ~ a pr~fl~ d~umen~d ~en reque~ m ~e ~m~on, I ~ enfi~ m have up m l~ ~reent o~ ~e
~ount o~ ~s 1~ pl~ in~ ~e~n c~cel~ · l ~r~o~ q~in~ ~ice a~r ~e pe~ [or which I r~eiv~
employee oF ~ eli~ble pubic or pdvau ~np~fit c~M or ~ .~ice aie~ who is p~vi~, or ~pe~i~nf
~-fi~ c~dren ~o ~ ~om l~*i~ome commu~es nd ~e ~i. o; uch c~ld~n.
(2) A ~on o~s f~ ~1 ~ ~celed ~or ~h c~pleMd 7e~ o~ ~ice ~ ~e ~lio~n~ ~s:
(Al 1S ~rceut oF ~e ~ p~ncip~ ~oun~ o~ ~e l~ plus intere~ on ~e unp~d b~ce ~c~in~ ~u~ni
~ond compleM ~s of ~et
~) 20 percent of ~e to~ p6ncip~ ~ount of ~e f~ plus ~rea on ~e unp~d b~e ~cming during ~at 7e~ for e~b of ~e ~rd md
fou~ complem y~ of ~at m~ice; ~d
(C) 30 percent of ~c to~ p6ncip~ ~ount of ~e 1~ plus inte~st on ~e unp~d b~ce ~cmiug du~n~ ~at ye~ for ~e fi~ complete
y~ of ~a ~ice.
~. ~a~ ~d Di~bili~ C~cellation
(1) ~ ~e event of my d~, ~e to~ ~ount owed on ~is 1~ ~11 ~ c~eled.
(2) If I b~ome ~ently ~ lowly dibbled a~r I receive ~is 1~, ~e ~ti~fiou ~II c~cei ~e ~ ~ount of ~is I~.
~. Ch~ze in N~e. Add~, Telephone Number, or S~i~ Secu6tv Number
I ~ m~mibfe for informing ~e ~(im~ion of ~y chute or ch~ges in n~e, address, ~elephone number, or S~i~ S~urity number.
Page 3 of 4 Fecleral Perki~,s~luly 1993
(1) The Institution will impo~ a' late charge
(A) I do not make a scheduled payment when it is due; and
(B) I do not sobmit itu the Institotion, on or before the da~ on wh/ch payment is due, documentation that ! qualify for a deforlnent,
cancellation, or forbearoace ~l described in An/cica VI, VII, VIII, IX, X, XI, XII, XIII, or XIV of this agreement.
('7) No charge may e~cned 20 percent et' my monthly, bimonthly, or qne~terly payment.
(3)(A) The Institution, may-
(i) Add the late charge to the principal the day after the scheduled repayment wns due; or
(ii) Include it with the next scheduled repayment after ! have received notice of the late charge.
(B) If thc ~nstitution elects itu add the late charae itu the outstanding principal et' the loan, it must so inform mo before tho due date of the
next installment.
(1) This note may be assigned by the Institution only
(A) The Un/ted States;
(B) Another institution upon my transt'er itu that institution if that institution i~ part/cipating in this pro,rom; or
(C) Another Lnetitution approved by the Secretary.
(2) The provisions el' this note that relate itu the Institution shall, where appropriate, relate to an assignee.
(3) Any holder et' tiffs loan is subject itu ~11 clal,ns and defenses that I could a~ert a~alnst the Institution that made this loan; my recovery is
limited to the amount I repa/d on this loan.
! hereby ce~ifl/that ! have li~ted below ali of the Pederat Perk/ns Loans I have obta/ned at other institutions. (It' no prior loans have been
received, state *None.*)
FEDERAL PERKINS LOANS AT oTI~R I~STITUTION$
2
3 ~
XX. Schedule of Advances
Date Institution
The following amounts were advanced itu me under this loan agreement on the dates indicated:
Amount Date /$1F. natu.re of Borrower
$ t ,uuu .uu
4
NOTICE TO BORROWER: DO NOT SIGN 'tl:l~ NOTE BEFORE YOU READ IT.
I UNDERSTAND AND AGREE TO ALL OF -i'tt~ FOREGOING 't]~tMS AND CONDITIONS,
Permanent Addres~ (Street or Box Number, City, State, and Zip Code) __
~e bono*r ~d ~imtiou ~gl execute tis note ~$out *curi~ ~d wiiout coder*mont.
The Institution shall provide a copy of this note to you and you should retain the copy for your records.
(Authority: 20 U.S.C. 1087dd)
Page 4 of 4- Federal Perkln~'luly 1993
Exhibit B
PERKINS (NDSL) TRUTH-IN-LENDING STATEMENT
DICKINSON COLL£~E
Account Number
Name of Borrower Heather Leigh Toy
Address 2791 Merchant St.. PO Box 204
Henderson, NY 13650
ANNUAL PERCENTAGE
RATE
~e cost of your
credi= as a yearly
ra~e.
AMOUNT FINANCED
The amoun~ of
Prior co During
repayment repaymen~
0 % 5 Z $ 2.500.00
II=em/zatton of the Amount Financed: $ 2,500.00
Amount given directly to 7ou.
Late Charge:
If a payment is late, you may be charged: $I.00 for the firs~
Ia=e payment, and $2.00 for each subsequent lace payment if
chis loan is payable monthly, $3.00 for each late payment if
this loan is payable b/monthly, $6.00 for each late payment
if this loan is payable quarterly.
Prepaymen=: If you pay off early, you will not have to pay a penalty.
See your promissory note for any additional information about nonpayment,
fault, an7 required repayment in full before the scheduled date, and pre-
payment.
HIE BORROWER ACKNOWLEDGES RECEIPT OF AN EXACT COPY OF THIS STATEMENT.
STUDENT m/ / ~,~ f
B OR.ROWER~
Exhibit
INSTITUTIONAL
REPRESENTATIVE
DAT~
00273-000-00-2914-09
-09
Promissory Note-Federal Perkins Loan Proeram
[Any bret. koud clause or paragraph amy be included at option of institutiou;.1 ......
I, Heather LPig~L'RrLy' . .p~o.n~R, mpayto UlcKlnson Lol/eqe (horulnaftorcalindmn
hgimtion),k~-at,.aat t. arllS/e. PA 17013 2896 . the sum of the amounts tbat ate advenced to me and endorsed in the
Scbedtlle of Advxc~es set forth below'. J prof~e to pay nil reasonable collaction costs, ixcludin~ attorney fees and other cbo~as, uecuesery for
the collection et' any amount not paid when due.
! fur~or understand ·od agree ~
L General
(1) ~oulicable ! ,,w. All sums advanced under tl~ note are drawn from n fund cruetsd under Part E of Title IV of the l']igber F. ducation Act
et' 1~$, as muendod 0tereinaRer called the Act), m2d are subject to the Act and the Federal reiuintions issued under the Act. The terms of this
note ~ be interpre~d in xccordance with the Act and Federal re~ulatinas, copies of which are to be kept by the/uetitution,
(2) ])roredures for Receivina Deferment. Cancellation. or Yotbenranc~. I undemand t~t, to receive n deferment, cancellation, or
forbearance, ! must reque~ the deferment, cancellation, or forbo&'ance in wri~ bom the/uetimtion a~d must mbmit to the/]mim~inn any
douumenL~ion requbed by the/nstimtion to prove that I qualify for tho debrment, caxcelhtioa, or fm'booranen. I funbr understand that, if !
stm eligible for deferment, cancellation, or forbearance under Articles VI through XIV, ! am rsepomible for subatittinf the appropriate reqanm
on time. ! farther undemaaH that ! may lone my deferment, cancellation, and ~orboarenne bessalfte if ! fail to file my request on time.
/ntorset draft accree from the befinninl of the repayment period iud shall be at the ANNUAL PERCENTAGE RATE OF b'TVE PERCENT
($*~) on tho unpaid kolo-,'e, except that no interest droll xccrou during any deformcot period described in Article VIL
(1) ! promise to repay the principM and thn interest that accrues aa it to the limitation over a per/od beginning nine (~) moat~ albr the date
Z ~ to be ~ ~ a half41mn reguhr student at an in~itution of bi~.r edu_~_~, or at · e~aporaHle inadfnti~n oumido tim l.;nitad
approved for ~ purpuee by the United $,=,-- Seorem'y of ~doontion (be~umtt, er ca/led the Sneratory), and ending ten (10) years later, untues
that period is (skoaonad under porqreph 1/I(~), orl mended under paragraphs III(4), mc'/) (ex~ueiem), VR(1), or VI~) (deferments). (2) Upon my written request, the repayment period may rout on · a.~, earlier than ~ ene indicated in para~'oph
(3XA) ! promine m repay tt~ principal and interest ov·r ~e course of the repaymout period in equni moat/dy, bimontidy, or qum~rly
i,,~Jllmen~, as determined by the Institution. I underetand that. it' my in.aliment payment for aH the Ioxcs made to me by tim/astltotlon is nm
· multiple et' $~, the ~timtion may mend that payment to thn next bigbost dolinr amount that is n multiple of
(B) Nntwi~uul~ pom~b H~J)(A), upon my written request, repayment may b~ made in graduemd iactulLments in accordance with ·
schedule approved by the Sncrmory.
(4) Nmmithatendin~ poregmpb 1~(1), if I quefify as · Iow. income individual during th* repayment period, tbo In~itutinn, up~z my written
rmlu~t, may antmai Zhe reimymont porind for up to an additional ten (10) yearn and may adjust any repayment atbudul~ to refluet toy incoma.
[($)(A) If ~m monthly ra~ that weald be emabUr, hed und~ paragraph I~(1), or tho mini mm~thly repaym~ ram of principal and imereat on
MI mY Fenwal Perkins L°mm, in'inningthls lena, b le~ *ha" $40.00 pea' teen/b, Z dmU re, my t/m prixcipni and in. rent ou
~ loan at the rate of $40.00 per month (whi~ includas bo~ pdacipal smd interes0.
(S)(B) /f I have received Federal Perkins L,om~ from o~er iastlmtioac and the tmni momldy repayment rrna on ~ inmm is less than
$40,00 tim $40,00 monthly payment ..,'_~ _"]Maed under mbpamgraph/11(.VI(A) inulodes b amonms I o~u
on nil my ontsteodin~ l:edorni Perkins Luaus, incluning tho~ reueivod from other institutions. Tbo portico et' Ibe $40.00
montldy payment that will bo applied to this Imm wUl bo the difforencn botwenn $40.00 end fl~e tmal of tbo amounis owed at a
(6) The.Luetimtion may permit me to pay Inca than the rate of $40. O0 per month for n period of nnt mm~ th-- one (1) year
v/aere nacsemry te ·void harda~p to me uuless that action would nxtend the repayment peri~ in paragraph 1~(1).]
(7) '/'be Imtimtion may, upon my written request, reduce any scheduled repayments or nxtend the repayment period indicami in Imrelmpb
117(1), if, in ia opinion, circumstances mcb ac prolonged ilium or unemployment prevent me from ~,l~;,~ the scbeduled repayments.
How~vor, imereat dudl continue to accrue.
(1) ! may, at my option and without pconity, prepay aH or any part of tha prin~ptl, plus any accrued intereft therouo, at any time.
(2) Amounts ! repay in the -,.._acm jo year in w~ch the loan wac made and the iulti~ gr~e por~od Im mX endod WIU be ueed to redace the
mount of the loan and ~ not bo ouueidered · prepayment.
(3) /fl repay ammmts during thn a~demic yuer in which the loan ~as made and the initial grace period e_,_~___-~_, only thom amounts in em
)f the amount dna for xcy repnymcot period shall bo comidered a prepayment.
(4) If, in an academic year othnr ~ the award y~r in which ~zn loan ,.vas made, ! repay more ~ th~ amount due for an instaHmnnt, the
xceu wi~ bo uesd to r~pay principal unless I dealg_-nt* it as ac advance payment of the next reguinr installment.
~. Default
(1) The Institution may. at its option, declare my Ioun to be in default and may demand immediate payment of the entire tmpaid bulanea of
~e loan, including pr~cJpul, interest, late charges, a4gl collection costs, if-
(A) ! do m~t ~,t-e n scheduled payment when doe under the repayment schedule estabtlshe, d by the fa~fi~ulon; and
(B) I do not ~bmit to the/ns~itutiou, on or before the date on which payment is due, dncumeatafion that ! qualify for a deferment,
ncelladon, or forhearence as described in Articles 'v'I. V~I. 'v'~. I~, X. XI, X~I, X~I, or ~rv of this agresmcot.
(2) ! understand that the ~nstimtion may disclose to credit bureau organizations the amount of Ioanc made to me. along with o~ther relevant '
Page I of 4 Faderul Per"in-/July 1993
~nforma/iou.
(3) I undema~l t~ if ! de~tult ou my 1~, ~ ~on ~y d~l~ ~
c~it bu~
(4) Fu~er, I ~de~d ~, if I deAult on my ]~ ~d ~* I~ i~ ~ign~
~ have de~l~. ~ong ~ o~er miev~t info~pn, m c~it bu~ or~o~. (~ I uode~ ~at, iff def~lt on my ]~, ~ ~ll I~ my H~t m
(6) I u~d ~, if I default on my I~, l ~11~ my H~t m de~r ~paym=nU.
~m~on o~ ~e ~ ~g~i~ ~e r~ayment of ~e 1~.
~, Force
p~J~ ~ ina~ or pH~J~ oMy, ~ne~Je at ]2-mon~ ~s, for a (A) My debt bu~en eq~s or ~ 20 ~nr o~ my ~ ~come; or
(l) [ ~ ~ u~ ~ a p~rly ~um~ ~o mqu~t m
paymem ~d ~U ~t ~ ~le ~ ~y ~ ~ mi~t o~m ~g~o dung ~e ~ll~ng pe~: (A) For ~y ~ ~m I e-
(i) ~UM ~d in ~ ~ a mg~ ~dent ~ ~ I~ a ~f~me ~ of ~dy
0i) ~IM ~ ~ ~e ~ a ~ ~d~t in a cou~ of ~y ~
~i)
p~.
~ ~m ~ ~ ~ (6) m~ ~ ~e~y ~a ~e e~on of ~y deleing pm~ ~ ~ ~l).
· ~ h eli~ble ~ ~h ~ of M~ ~r ~ uMer ~ I of ~e ~on
~Jcb h~ ~n d~ by ~e ~ (a~r c~l~oo ~ ~b S~ ~ment of ~tion) in ~o~e ~ ~e p~m of
I~om. ~b~ls is pubU~ ~ly by ~e ~;
(~ ~ a ~ll-~me ~ber of ~e~cs, ~ie~e, fo~ign ~g~, bil~ ~u~on, or ~y ~er fieM of ex~ ~ ~ d~
(A) IS ~ent of ~e m~ p~JpM m~m of ~e I~ p)~ hm~ on ~e unp~d ~e ~c~ing dung
~oM complea ~e~ ym o~ ~at ~hing m~e;
(~ 30 penni of ~ m~ p~ipd amount of Se I~ pl~ ~ on ~e unp~ ~e ~c~ing du~ug ~ y~ f~ ~e fi~ ~mpl~
(1) [ unde~d ~t. u~n ~g i pM~dy d~ume~ ~n ~e~ M
mount of ~b ]~ pf~ ~e ~ ~e~n ~e]ed if I ~om q~i~g ~ice ~ ~ ~M ~r ~ch I ~eiv~ ~e I~ m a ~e
mff mem~r ~ n H~ S~ pm~ if-
(A) ~ H~ S~ pmg~ is ~mM for a ~ ~at is compmble ~ a ~11 ~h~l y~ in ~e I~i~; ~d
Page 2 of 4
Federal Perki~/July 1993
(B) My salary is oo~ more ~han ~e saJmry of a c~bie ~plo~ of ~e ~-~ ~ q~y.
~) ~s 1~ ~U be ~el~ ~ ~e ~e of 15 ~enr o[ ~e ~ p~i~ m~nt o~ b 1~ plus ~ on
dung ~ y~ for ~h comple~ ~b~] y~ or eq~v~t ~h~ of ~ice h s ~ S~ pmg~.
~) H~ S~ is i pr~h~J pmg~ c~ried out under ~o H~ S~ ~.
X. ~li~ ~cellad~n
p~ip~ ~ o~ ~b 1~ plus ~ ~M~ ~e~n ~el~ i~ 1 ~e ~ a ~ of ~e ~ed Fo~ of ~e U~ S~ in ~ ~ of
h~li~ ~ ~u ~ ~ ~y u~r ~on 310 of ~e 37 o~ ~e U~ S~ ~.
~ of ~ l~ pl~ ~e h~ ~ ~el~ if X ~ q~E M~ ~ ~s ~ for ~
~) ~ s ~lunmr u~ b ~ V~ ~e ~t of 19~ (A~ON pm~s).
(Al IS ~ o~o ~ p~t~ ~t of ~e 1~ pl~ h~ on ~e ~ ~ ~ du~ ~ ~ ~ ~ of b ~ ~
~ ~u (12) m~ ~ of ~1~ ~ c~pb~; ~
~ ~lu (12) ~ ~ of ~M n~b ~ple~.
(Al ~ ~ ~-~o hw ~ o~ ~ ~ce M ~ ~bb 1~, ~, ~ ~ ~ ~
~ A ~ of ~ 1~ ~ b ~e]~ ~ ~ c~p~ ~ o~ law ~t ~ co~ M~
~o~ ~p~ ~ of ~ ~;
(~ ~ ~ of ~e ~ p~i~ ~nt of ~e I~ plus hM~ ~ ~e unp~d ~M ~c~g d~g
~ ~U~ or M~J~ T~knieltfl ~--~ell~ion
(1) I ~ ~ u~ ~-g a p~rly d~en~ ~ ~q~ m b ~m~, I ~ en~
~ A ~ of~ ~ ~1 b ~eled for ~ co~ple~ ~ of M~ice ~ ~e ~H~ ~
~) 20 ~ of ~e ~ p~J~ ~nt of ~e I~ pl~ hte~ on ~e unp~d ~e ~inf d~
h~ c~ ~ of ~ ~i~; nd
(~ 30 ~t o~ b m~ p~ ~ount o~ ~ I~ plus ~er~ on ~ ~d b~e ~h~ d~ ~ ~ ~ ~ fi~ ~p~
~of~.
~. ~ild ~ Pnmilv Se~ice Aery
(Al 15 ~ent of ~e M~ p~ci~ ~ount o~ ~e I~ pl~ ~ on ~e un~ ~e ~c~inf du~
~) Z0 ~nt of ~e m~ p~ip~ ~ount o~ ~e 1~ plus in~ on ~e un~d bo~-~e ~c~in~ du~
~ comp/eM y~ o~ ~ ~ice; ~d
(~ 30 ~em of ~e m~ p~ncip~ ~t of ~e 1~ pl~ in~r~ on ~e u~d ~ce ~c~ du~nI ~ y~ for ~e fi~ compleM
~. ~.flee ~ ~.me. Add~u. Telephone Number. or S~i~ 3~udtv Number
~ ~ible ~r ~o~inG ~e ~m~on of ~y cb~ge or cb~gee in ~e, ~d~. ~fephone numar, or S~i~ ~cu~ty num~F.
Page 3 of 4 FedereJ Pert. iM/,J*uly 1993
(D 'l'ne Imtitution will impo~ ~r late
~) Z ~ ~ mbmJt ~ ~m ~m~, o~
(i) ~d ~e I~ ch~e W
(ii) ~l~e it ~ ~e ne~ ~b~uled ~ym~t ~r l ~ve ~v~ notice o~ ~e I~ c~.
~) ~ ~e ~mfion el~
~xt
~) ~y bo/der o~ ~i~ 1~
I~i~ m ~e ~nt I m~d on ~ 1~.
~eiv~, ~ 'None.')
~E~ ~S LO~S AT ~R ~-111 ~ONS
t
3
4
X~. Schedule of Advances
NOTIC~ TO nORRO~q~:R: DO NOT ~IGN 'i~u,~ NOT/[ BEFORE YOU KEAD ri'.
i UNDERSTAND ~ AGRI~ TO ALL OF T~E FOIO~GOI~G -~ AND CONDITIONI~.
The Institution shall provide a copy of this note to you and you should retn;n the copy for your records.
~uthorlty: 20 U.S.C.lO87dd)
Psgo 4 of 4
F~-.r~ Perki~uly lgg'J
Exhibit C
FEDERAL PERKINS LOAN
PROMISSORY NOTE,- .~ ~ ,- ~, - ~
1. Name (last, Ikst, middle tniUal) and
Permanent Address {st~et, city, state, zip code)
Roy, Heather L.
2. Social Security Number
3. Date of Birth
5, O~ U~e ~ ~ s~ abb~ fl~
6. School Name & Address (street, cit~ state, zip code)
P.O. Bo~ 1773
m';,~'l ~.1~, PA 17013-2896
7. Bon~wer Status 8. Interest Rate
9. Loan Amount: Period
$ 2,000.00 1996-97
TE~ AND CONDITIONS:
APPLICABLE LAW - The term ot this note and any disburmemenLm made ten,et thL~ we sh~ll De tnte~preted L~ ~:corda~ce with D~-2 [ of Title IV of the HIp~r
REQUESTS FOR DEFERMENT, CANCELLATION OR FORBEARANCE - To t~eJw deferment, r.a~:~JJ~llon, er ir~rbearaal~e Deaeflu. ] Irrupt make · written request
LOAN(S) THAT MUST BE REPAID
Exhibit "C"
< /
Date:
Terms and Conditions feont.)
HARDSHIP REPAYMENT OPTIONS - Upon my written request, if I
qualify as a lowqncome individual during the repayment period, the school
may extend the repayment period for up to an additional ten ([0) years and
may adiust any repayment schedule to rallect my ir~ome. Upon my written
request, the school may extend the repayment period iL 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 t~ minimum monthly repayment rate for a
period of not more than one year at a time ff 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 ~erind before beginning repayment is
months. [f [ am a Les.~-Than-lialf-~mae Borrower with outstanding Federal
my outstanding loan is due. [f [ am a Less-Than-liar-Time Borrower with no
PREPAYMENT - I may prepay all or any part of my unpaid loan balance,
MINIMUM MONTHLY PAYMENT - I will make a minimum monthly
repayment of $40 (or $30 ff I h~ve outstendthg Federal Perkins loans made
FORBEARANCE - Upon making a properly documented w~itten request to
DEFERMENT~ ~ Upon making a properly documented v~itten request to
CANCELLATIONS - Upon making a properly documented warren request
to the school, l am entided to have up to 100% of the original pnncipal loan
amount of this loan canceled if I perform qualifying service in the areas listed
in paragraphs A, [3, C. D and E below, Qualifying Service must be performed
after I receive the loan.
A. Teaching · i fulbtime teacher in a public or other nonprofit elemental' ar
secondary school, that hva been designated by the Secretary in accordance with
the provxsions of sectlan 465 (a) (Z) of the Act va a school with a high
concentration of students from Iow-income families. An official Directory of
designated Iow-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
eiementery or secondly school system, who teaches mathemaUcs, science.
foreign languageS, bilingual education, or any other field of expertise that is
determined by the State Department of Education to have a ~hortage of
qualified teachen in that State.
B. Early [merYention Services o a full-time qualified professional provider of
e~ly intervention ser~ices in a public or other nonprofit program trader public
supervis;~on by a lead agency as authorized by section 672(2) of the Individuah
with Disabdities Education Act, Early Inte~ention Service~ are provided to
infants and toddlers with disabilities.
C. Law Eofon:em~nt or Corrections Oi~cer · a full-time law enforcement
ollker lot an eligible incal, Stete, or Federal law enforcement agency; or · a
full-time correcciom officer for an eligible local. State, or Federal corrections
agency
D, Nurse or Medical Technician · a full-time nurse providing health care
services: or · a fall-time medical technician providing health care services.
E, Child or Family Service Agency ° a full-time employee of an eligible public
or pti,rate r~on-profit child or family set-ace agency who is prowding oe
supervising me prm, isinn of services to high-risk childish who are from low-
income communities and the families of such children.
Cancellation Rat~ - For e~ch completed year of service under paragraph~ A.
B, C, D and E a portion of this loan will be canceled at Ole following rates:
· ! 5% of the original principal loan amount for each of the fwst and second
years; · 20% of the original principal loan amount for each of the third year
and fourth years; and · 30°/~ of the original principal loan amount for the fifth
year.
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 ser~tce performed after 1 receive
the loan ~s: · a tall-time scarf member in the educational component of a
Head Start program which i,~ 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
~s: · a member of the Armed Forces of the United States in an area of
hostilities that qualifies for special pay under secUon 310 OF Title :37 of the
United States Code.
Cancellation Rate - For each completed year of service onder the Military
Cancellation provision, this loan will be canceled at the rate of 12 I/2% of the
original principal loan amount.
H. Volunteer Service Cancellation - Upon making a properly documented
written requ~t to the school, ! am entitled to have up to 70% of the original
principal loan amount of this loan canceled for qualifying service performed
after ! received the k~n 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
~er'dce Cancellation provision, a portion of this loan wi[l be canceled at the
following rates:
· 15% of the original pnncipal lo~ amount for each oD the Fo:! and second
12-month peno~ of service: and · 20% of the original principal loan amount
~or each of the third and Jburth 12 ~,~onth periods of service.
I. Death and Disahdity Cancellation - In the event of my death, the school
will cancel the total amount owed on chis loan If i become perm:tnenlly and
totally disabled after I receive this Ioa~. the ~chool will cancel the total amouni
Dickinson College
Perkins Pre-Loan Information Sheet
Street (incl. Apt.
Date
Three references= (Individuals who will always know your address)
/
Exhibit
FEDERAL 'PERKINS LOAN
PROMISSORY NOTE
1. Name (last, first, middle initial) and
Permanent Address (s~-eet, city, state, zip code)
Beather L. Roy
P.O. Box 204
Henderson, NY
13650
2. Social Security Number
059-74-0926
3. Date of Birth
08/31/76
4. Area Code/Telephone Number
315-938-5352
5. Driver's License Number (List state abbreviation first)
6. School Name & Address (street, city, state, zip code)
Dickinscm College
P.O. B~x 1773
Carllml~, PA 17013-2896
7. Borrower Status 8. Interest Rate
1~.~,-~ ~.,~ fq m,.,~. ~,.t~ 5%
9. Loan Amount: Period
$1,500.00 1997-98
TERMS AND CONDITIONS:
LOAN(S) THAT MUST BE REPAID
~Borrower'$ Signature
Exhibit "D"
Terms and Conditions (cont.)
HARDSHIP REPAYMENT OPTIONS - Upon my written request, if I
qualify as a Iow-income individual during the repayment period, the school
may extend the repayment period for up to an additional ten (10) years and
may adj~t any repayment schedule to reflect my income. Upon my written
request, the school may extend the repayment per~od if. in its opinion.
prolonged illness or unemployment prevent me from making the scheduled
repayments during which ar'ne 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 illne~ or unemployment except such action may not extend the
repayment period beyond 10 years.
GRACE PERIODS - My initial grace period before beginning repayment is 9
months. If I am a Less-Than-Half-Time Borrower with outstanding Federal
PerMns Loans, my repayment begins when the next scheduled installment of
my outstanding loan is due. If I am a Less-Than-Half-Time Borrov~r with no
outstanding Federal Perkins Loans, my repayment begins the earlier att 9
months from the date my loan was made. or 9 months from the date I became
less than a half-time student, even ff ! received the loan after I became a less
than half-time student. My payments will resume after a post*deferment g~ace
period of 6 months that follows deferments that apply to Federal Perkins
PREPAYMENT - I may prepay ail or any part of my unpaid loan balance.
MINIMUM MONTHLY PAYMENT- I will make a minimum monthly
FORBEARANCE - Upon making a properly documented written request to
DEFERMENTS - Upon making a properly documented written requeSt to
CANCELLATIONS - Upon making a properly documented w~tten request
to the school, I am endued to have up to 100% of the original principal loan
amount of this loan canceled if I perform qualifying service in the areas listed
m paragraphs A. B, C, D and E below. Qualifying Service must be performed
the prowsions of section 465 (a) (2) of the Act as a school with a high
supervision by a lead agency as authorized by section 672(2) of the Individuals
United States Code.
volunteer under the DomeStic Volunteer Service Act of 1973 (ACTION
programs}
PERKINS (NDSL) TRUTH-IN-LENDING STATEMENT
DICKINSON COLLEGE
Account Number 00273-000,.00-2914-09
Name of
Address
ANNUAL PERCENTAGE
RATE
The cost of your
credit as a 7early
race.
AMOUNT FINANCED
The amount of
credit provided
to you.
Prior to During
repayment repayment
0 %. 5
I=emiza=ion of the Amount Financed:
Amount given directly =o you.
Lace Charge:
If a payment is late, you may be charged: $1.00 for =he first
late payment, and $2.00 for each subsequent late payment if
this loan is payable monthly, $3.00 for each late payment if
=his loan is payable bimonthly, $6.00 for each late ~ayment
if =his loan is payable quar:erly.
Prepayment: If you pay off early, you will not have Co 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.
T}IE BORROWER AC~NOW-LEDGES RECEIPT OF AN EXACT COPY OF THIS STATEMENT.
~ F. EP RESENTATIVE ' ·
DICKINSON COLLEGE,
Plaintiff
V.
HEATHER LEIGH ROY,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2001-172
CIVIL ACTION-LAW
JURY TRIAL OF TWELVE DEMANDED
PRAECIPE
Please reinstate the attached Complaint to be served upon Heather Leigh Roy, P.O. Box 204,
Henderson, New York 13650 and return to below signed for service.
MARTSON DEARDOP~ V~fLLIAMS & OTTO
David R. Galloway, esquire
I. D. Number 87326
Ten East High Street [
Carlisle, PA 17013
(717) 243-3341
Date: February 21, 2003 Attorneys for Plaintiff
MDW O
DICKINSON COLLEGE,
Plaintiff
HE ATHER LEIGH ROY,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2001-172
CIVIL ACTION-LAW
JURY TRIAL OF TWELVE DEMANDED
PRAECIPE
Please reinstate the attached Complaint to be served upon Heather Leigh Roy,913 Whitehall
Drive, Doylestown, PA 18901, mid forward to the Sheriffs Office for service.
Date: June 3, 2003
I. D. Number 87326
Ten East High Street
Carlisle, PA 17013
(717) 243-3341
Attorneys for Plaintiff
& OTTO
SHERIFF'S RETURN - OUT OF COUNTY
CASE NO: 2001-00172 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
DICKINSON COLLEGE
VS
ROY HEATHER LEIGH
R. Thomas Kline ,
duly sworn according to law, says, that he made
and inquiry for the within named DEFENDANT
ROY HEATHER LEIGH
but was unable to locate Her
deputized the sheriff of BUCKS
Sheriff or Deputy Sheriff who being
a diligent search and
, to wit:
in his bailiwick.
County,
serve the within COMPLAINT & NOTICE
He therefore
Pennsylvania, to
On July 7th , 2003
attached return from BUCKS
Sheriff's Costs:
Docketing 18.00
Out of County 9.00
Surcharge 10.00
Dep Bucks County 48.00
.00
85.00
07/07/2003
MDW&O
Sworn and subscribed to before me
this /0~ day of q,/7
A.D.
Prothon6t r~y
this office was in receipt of the
So answer ~---~-~-~
R. Thomas
Sheriff of Cumberland County
In The Court of Common Pleas of Cumberland County, Pennsylvania
Dickinson Colleue
VS.
Heather Leith Roy
SERVE: s~ne 01-172 civil
NO.
NOW, June 4, 2003 , I, SI-IERIFF OF CUMBERLAND COUNTY, PA, do
hereby deputize the Sheriffof Bucks County to execute this Writ, this
deputation being made at the request and risk of the Plaintiff.
Sheriff of Cumberland County, PA
Affidavit of Service
NOW,
within
,20 ., at o'clock M. served the
upon
at
by handing to
a
and made known to
copy of the original
So answers,
the contents thereof.
Sworn and subscribed before
me this __ day of
,20
Sheriff of County, PA
COSTS
SERVICE
MILEAGE
AFFIDAVIT
K! ,4ISC DOCKET ~ £S ~]~ ~lCl,~ %~CATiLh~: _UT 2= CCU~TY CLASS: ~SSUMPSIT
A'~:~= SHERIFE'$ RETURN OF SER¥1CE
SHERIFF'S OFFICE
CUMBERLAND C~UNT~'
1 COURTHOUSE SQUARE
CARLISLE PA 17013
ATTN:flAVID R G~LLOWAV,ESQ
// --
PLAINTIFF DE~ENDANT
~INSON COLLEGE ~ VS. ROY HEATHER LEIGH
/ 913 WHITEHALL DRIVe
OOYLESTOWN,PA 18901
42003 COMPLAINT - C~IL ~C~ION RECEIVED FROM CUMaERLANO CO SHERIFFS ~EPT RAG
92003 RECEIVED IN'--~MERIFFeS- OFFICE FOR SERVICE.- TRANSACTION $03-1-07213 RAG
AMOUNT PAI~
52003 SMERIFF~S R~TURN~ UNDER ~ATH~ FILED. DEPD~¥ SCISS AT 619AM . RAG
SERVED DEFE~OANT(S) PURSUANT TO PA.R.C.Po #402(A)(I)
SERVED OEFT HEATHER LEIGH ROY 8¥ HANDING TO DEFT PERSONALLY. RAG
72003 INVOICE MAILEO TD CUMSERLAND CO SHERIFFS DEPT ATTN: DAVID R GALLOWAY RAG
~ESQ TRANSACTION
~F CA~E
BUCKS COUNt'S2,/_
SHERIFF'S RETURN
Special Instructions
Action CIVIL ACTION - COMPIATNq'
Plaintiff DTCK1NgON
ye
~-FS~WN, PA 18901
Address Served if Different
)nder Pe.R.C.P. #402
Defendant personally served
(A) (2) (i) Family Member
(A) (2) (i) Adult in Charge of Residence
(A) (2) (ii) Manager/Clerk st Defts. Lodging
(A) (2) (iii) Person in Charge of Business
By Hat/ding,to . ,~,
By Posting
Not Served
30 Days Ran Out
. Defendant Moved
Def. Unknown
Chocked Post Office . . No Forwarding
Forwarding Address
Defendant Not Home
Address Vacant
De;. Needs Better Add.
< Bero tkoyl XT' /.,
Witnees~ ]~ ~ on ~ /~-.~
At ( - o'cg..~.~__,~l~ M )
The above document ~ on the
defendant ss ,.~~~County
of Buck, ComN
So answers:
Sheriff ~ Bu~s County
a d u~cri~ ~fore me on this day
Prothonotary
Affirm~ and subscri~ ~fore me on this day
Notary Public
My Com. Exp.
Inv~ce to ba majJ. ed,to., ~ . ,.~
~'(-//~J-~- /-'///~J-~ County Sheriff's Office
Attn. of
DICKINSON COLLEGE,
Plaintiff
HEATHER LEIGH ROY,
Defendant
TO THE PROTHONOTARY:
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2001-172
CIVIL ACTION-LAW
JURY TRIAL OF TWELVE DEMANDED
PRAECIPE
Enter default judgment in the above-captioned action in favor of Plaintiff and against
Defendant in the amount of $8,686.22 plus interest from November 10, 2000, in the amount of
$1,081.28 for a total of $9,767.50 plus interest at $1.09 per day hereafter, attorneys' fees and costs
of suit for Defendant's failure to file an answer to the Complaint.
I do hereby certify that a written notice of intention to file this Praecipe (in the form attached
hereto) was mailed to the Defendant at the address indicated thereon, on July 15, 2003, which date
was subsequent to the date default occurred and at least ten (10) days prior to the date of the
Praecipe.
MARTSON DEARDO1 ~WILLIAMS & OTTO
David R. Gallowaffl ]
I. D. Number 87326
Ten East High Street
Carlisle, PA 17013
(717) 243-3341
Attorneys for Plaintiff
Dated: July 30, 2003
DICKINSON COLLEGE,
Plaimiff
HEATHER LEIGH ROY,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2001-172
CIVIL ACTION-LAW
JURY TRIAL OF TWELVE DEMANDED
TO: HEATHER LEIGH ROY, Defendant
NOTICE OF ENTRY OF DEFAULT JUDGMENT
You are hereby notified that on July 30, 2003, the following Judgment was entered against
you in the above-captioned case: in the amount of $8,686.22 plus interest from November 10, 2000,
in the amount of $1,081.28 for a total of $9,767.50 plus interest at $1.09 per day hereafter, attorneys'
fees and costs of suit for Defendant's failure to file an answer to the Complaint.
Date: ~-~
Prothonotary
I hereby certify that the name and address of the proper person to receive this notice under
Pa. R. Civ. P. 236 is:
Ms. Heather L. Roy
913 Whitehall Drive
Doylestown, PA 18901
DICKINSON COLLEGE, Plaintiff
V.
HEATHER LEIGH ROY, Defendant
TO: HEATHER LEIGH ROY, Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2001-172
CIVIL ACTION-LAW
JURY TRIAL OF TWELVE DEMANDED
NOTICE OF INTENTION TO FILE PRAECIPE
FOR ENTRY OF DEFAULT JUDGMENT
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN
APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE 1N 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 MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY
LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS
NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT
AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE
YOU CAN GET LEGAL HELP:
Cumberland County Bar Association
32 South Bedford Street
Carlisle, Pennsylvania 17013
Telephone (717) 24%3166
Dated:
MARTSON DEARDOP~~ & OTTO
· BYDavid~,~'~ EsqUire ~
I. D. Number 87326
Ten East High Street
Carlisle, PA 17013
(717) 243-3341
Attorneys for Plaintiff
U.S. POSTAL SERVICE CERTIFICATE OF MAILING
MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT
PROVIDE FOR INSURANCE -- POSTMASTER
On piece of ordinary mai[ ad<:ir essed to;
PS Form 3817 M~, 1~9
CERTIFICATE OF SERVICE
I, Christina N. Yost, an authorized agent of Martson Deardorff Williams & Otto, hereby
certify that a copy of the foregoing document was served this date by depositing same in the Post
Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows:
Ms. Heather Leigh Roy
913 Whitehall Drive
Doylestown, PA 18901
MARTSON DEARDORFF WILLIAMS & OTTO
Christina N. Yost
Ten East High Street
Carlisle, PA 17013
(717) 243-3341
Dated: July 30, 2003