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HomeMy WebLinkAbout12-3186F Fll.i ? (Iicnts-0iv Dickinson Coll eae\7619 CollectionsV7619C. Current'400 Kupir,70 19C 40( corn Christopher E. Rice. Esquire Attorney 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. 2012 - 3 f ?? TERESA ANN MARIE KUPIN a/k/a CIVIL ACTION - LAW "KERRY ANN M. KUPIN, a/k/a TERRY ANN KUPIN, Defendant 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* udgment 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 IIAVE 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 MAYBE 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 11,43.25'- PoCa;6 6/L#g,?-4 0 k7k- i,7rP/ I' PILLS ('Ilcuts 76 i U Dickinson CollegeA7619. Col Iecti onsV7619C. Curren t',400 Kup-76 19C 4V corn Christopher E. Rice, Esquire Attorney I.D. No. 90916 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES Ten East High Street Carlisle. PA 17013 (717) 2.43-3341 Attornevs for Plaintiff DICKINSON COLLEGE, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2012 - TERESA ANN MARIE KUPIN a/k/a CIVIL ACTION - LAW "DERRY ANN M. KUPIN, a/k/a TERRY ANN KUPIN, Defendant COMPLAINT AND NOW, comes Plaintiff; Dickinson College by and through its attorneys, MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER, and hereby avers as follows: Plaintiff, Dickinson College, is a Pennsylvania educational institution and nonprofit corporation with a business address of Post Office Box 1773, Carlisle, Cumberland County, Pennsylvania 17013 2. Defendant, Teresa Ann Marie Kupin a/k/a Terry Ann M. Kupin alk/a Terry Ann Kupin. is an adult individual residing at 3824 26" Avenue South, Minneapolis, Minnesota 55406- 3014. 3. On or about August 29, 1994, Defendant entered into a Promissory Note (Note) with Plaintiff for the financing of $2,000.00, plus interest and costs, for educational services and benefits at Plaintiff's institution. A copy of Note 41 is attached hereto as Exhibit "A.- 4. On or about May 20., 1995, Defendant entered into an additional Promissory Note (Note 42) with Plaintiff for the financing of $1,000.00, plus interest and costs, for educational services and benefits at Plaintiff's institution. A copy of Note 42 is attached hereto as Fxhibit "B." 5. On or about February 13, 1996, Defendant entered into an additional Promissory Note (Note 43 with Plaintiff for the financing of $2,600.00, plus interest and costs, for educational services and benefits at Plaintiffs institution. A copy of Note #3 is attached hereto as Exhibit "C." 6. On or about August 5, 1996, Defendant entered into an additional Promissory Note (Note 44) with Plaintiff for the financing of $1,500.00, plus interest and costs, for educational services and benefits at Plaintiff s institution. A copy of Note #4 is attached hereto as Exhibit "D." 7. On or about September 10, 1997, Defendant entered into an additional Promissory Note (Note #5) with Plaintiff for the financing of $1,000.00, plus interest and costs, for educational services and benefits at Plaintiffs institution. A copy of Note #5 is attached hereto as Exhibit "E." 8. Notes #1, #2, #3, #4, an #5 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. 9. 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. 10. The collective principal for the Notes was $8.100.00. 11. The Notes grant Plaintiff reasonable collection and attorneys" fees which Plaintiffhas calculated to be $2,000.00. 12. As of December 5, 2011, the principal and interest due and payable by Defendant to Plaintiff was $9,210.72, with interest accruing at 5% per annum. 13. Plaintiff has fulfilled, performed and complied with all obligations and conditions of the Note. COUNTI BREACH OF CONTRACT 14. Plaintiff hereby incorporates by reference the averments contained in Paragraphs I through 13 of this Complaint. 15. Defendant breached the expressed and implied obligations, conditions and terms of agreement of the by failing to pay the amounts financed therein. WHEREFORE, Plaintiff demands judgment against Defendant in the amount oi'$2,301.68, plus interest accruing at 5% per annum, collection and attorneys' fees in the amount of $500.00, and costs of suit. COUNT II IN QUANTUM MER UIT 16. Plaintiff hereby incorporates by reference the averments contained in Paragraphs 1 through 15 of this Complaint. 17. Having requested Plaintiff to loan money, and doing so to the benefit of Defendant, Defendant became liable to Plaintiff for said money. 18. Defendant has been unjustly enriched by accepting said money without paying Plaintiff reasonable compensation therefor. WHEREFORE, Plaintiff demands judgment against Defendant in the amount of $9,210.7, plus interest accruing at 5% per annum, collection and attorneys' fees in the amount of $500.00, and costs of suit. MARTSON LAW OFFICES By: Christopher E. Rice, Esquire I.D. Number 90916 Ten East High Street Carlisle, PA 17013-3093 (717) 243-3341 Date: Attorneys for Plaintiff THIS IS A DEBT COLLECTING FIRM ATTEMPTING TO COLLECT A DEBT FOR DICKINSON COLLEGE. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. EXHIBIT "A" -09. cc(Promissory Note-Federal Perkins Loan Program l Ira Ann K? 1 n [Any bracke clause or parag ph may be included at option of institution.] I, Terry "Aft , promise to pay to Dickinson College (hereinafter called the Institution), located at Carlisle. PA 17013-2896 _,the sum of the amounts that are advanced tome and endorsed in the Schedule of Advances set forth below. I promise to pay all reasonable collection costs, including attorney fees and other charges, necessary for the collection of any amount not paid when due. I further understand and agree that: I. General (1) Applicable Law. All sums advanced under this note are drawn from a fund created under Part E of Title IV of the Higher Education Act of 1965, as amended (hereinafter called the Act), and are subject to the Act and the Federal regulations issued under the Act. The terms of this note shall be interpreted in accordance with the Act and Federal regulations, copies of which are to be kept by the Institution. (2) Procedures for Receiviae Deferment Cancellation or Forbearance. I understand that, to receive a deferment, cancellation, or forbearance, I must request the deferment, cancellation, or forbearance in writing from the Institution and must submit to the Institution any documentation required by the Institution to prove that I qualify for the deferment, cancellation, or forbearance. I further understand that, if I am eligible for deferment, cancellation, or forbearance under Articles VI through MV, I am responsible for submitting the appropriate requests on time. I further understand that 1 may lose my deferment, cancellation, and forbearance benefits if I fail to file my request on time. II. In a est Interest shall accrue from the_beginning of the repayment period and shall be at the ANNUAL PERCENTAGE RATE OF FIVE PERCENT (5%) on the unpaid balance, except that no interest shall accrue during any deferment period described in Article VII. M. Repayment (1) I promise to repay the principal and the interest that accrues on it to the Institution over a period beginning nine (9) months after the date I cease to be at least a half-time regular student at an institution of higher education, or at a comparable institution outside the United States approved for this purpose by the United States Secretary of Education (hereinafter called the Secretary), and ending ten (10) years later, unless that period is [shortened under paragraph III(5), or] extended under paragraphs 111(4), III(7) (extensions), VII(I), or VII(3) (deferments). (2) Upon my written request, the repayment period may start on a date earlier than the one indicated in paragraph M(1). (3)(A) I promise to repay the principal and interest over the course of the repayment period in equal monthly, bimonthly, or quarterly installments, as determined by the Institution. I understand that, if my installment payment for all the loans made to me by the Institution is not a multiple of $5, the Institution may round that payment to the next highest dollar amount that is a multiple of $5. (B) Notwithstanding paragraph III(3)(A), upon my written request, repayment may be made in graduated installments in accordance with a schedule approved by the Secretary. (4) Notwithstanding paragraph M(1), if I qualify as a low-income individual during the repayment period, the Institution, upon my written request, may extend the repayment period for up to an additional ten (10) years and may adjust any repayment schedule to reflect my income. [(5)(A) If the monthly rate that would be established under paragraph M(l), or the total monthly repayment rate of principal and interest on all my Federal Perkins Loans, including this loan, is less than $40.00 per month, I shall repay the principal and interest on this loan at the rate of $40.00 per month (which includes both principal and interest). (5)(B) If I have received Federal Perkins Loans from other institutions and the total monthly repayment rate on those loans is less than $40.00 the $40.00 monthly payment established under subparagraph III(5)(A) includes the amounts I owe on all my outstanding Federal Perkins Loans, including those received from other institutions. The portion of the $40.00 monthly payment that will be applied to this loan will be the difference between $40.00 and the total of the amounts owed at a- monthly rate on my other Federal Perkins Loans. (6) The Institution may permit me to pay less than the rate of $40.00 per month for a period of not more than one (1) year where necessary to avoid hardship to me unless that action would extend the repayment period in paragraph III(1).] (7) The Institution may, upon my written request, reduce any scheduled repayments or extend the repayment period indicated in paragraph III(1), if, in its opinion, circumstances such as prolonged illness or unemployment prevent me from making the scheduled repayments. However, interest shall continue to accrue. IV. Prepayment (1) 1 may, at my option and without penalty, prepay all or any part of the principal, plus any accrued interest thereon, at any time. (2) Amounts I repay in the academic year in which the loan was made and the initial grace period has not ended will be used to reduce the amount of the loan and will not be considered a prepayment. (3) If I repay amounts during the academic year in which the loan was made and the initial grace period ended, only those amounts in excess of the amount due for any repayment period shall be considered a prepayment. (4) 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 installment, the excess will be used to repay principal unless I designate it as an advance payment of the next regular installment. V. Default (1) The Institution may, at its option, declare my loan to be in default and may demand immediate payment of the entire unpaid balance of the loan, including principal, interest, late charges, and collection costs, if- . (A) I do not make a scheduled payment when due under the repayment schedule established by the Institution; and (B) I do not submit to the Institution, on or before the date on which payment is due, documentation that I qualify for a deferment, cancellation, or forbearance as described in Articles VI, VII, VIII, D{, X, XI, XII, XIII, or XIV of this agreement. (2) I understand that the Institution may disclose to credit bureau organizations the amount of loans made to me, along with other relevant Page 1 of 4 Federal Perkins/July 1993 information. (3) I understand that, if I default on my loan, the Institution may disclose that I have defaulted, along with other relevant information, to credit bureau organizations. (4) Further, I understand that, if I default on my loan and the loan is assigned to the Secretary for collection, the Secretary may disclose that I have defaulted, along with other relevant information, to credit bureau organizations. (5) 1 understand that, if I default on my loan, I will lose my right to forbearance. (6) I understand that, if I default on my loan, I will lose my right to defer repayments. (7) I understand that, if the Institution accelerates the loan under paragraph V(1), I will lose my right to receive a cancellation of a portion of my loan for any service described in Articles VIII, IX, X, XI, XII, X91, or XIV performed after the date the Institution accelerated the loan. (8) I understand that failure to pay this obligation under the terms agreed upon will prevent my obtaining additional student financial aid authorized under Title IV of the Higher Education Act of 1965, as amended, until I have made arrangements that are satisfactory to the Institution or the Secretary regarding the repayment of the loan. VI. Forbearance (1) 1 understand that, upon making a properly documented written request to the Institution, I am entitled to be granted forbearance of principal and interest or principal only, renewable at 12-month intervals, for a period not to exceed three years, if- (A) My debt burden equals or exceeds 20 percent of my gross income; or (B) The Institution determines that I qualify for other reasons. VII. Deferment (1) I understand that, upon making a properly documented written request to the Institution, I may defer making scheduled installment payments and will not be liable for any interest that might otherwise accrue during the following periods: (A) For any period that I am- (i) Enrolled and in attendance as a regular student in at least a half-time course of study at an eligible institution; (ii) Enrolled and in attendance as a regular student in a course of study that is part of a graduate fellowship program approved by the Secretary; (Iii) Engaged in graduate or post-graduate fellowship-supported study (such as a Fulbright grant) outside t tie Un3red Stites-or (iv) Enrolled and in attendance in a course of study that is part of a rehabilitation training program for disabled individuals approved by the Secretary. (B) For any period that I am engaged in service described in Articles VIII, DC, X, XI, XII, ME, or XIV of this agreement. (C) For a period not to exceed three (3) years during which- (i) I am seeking and unable to find full-time employment; or (ii) For any reason that my Institution determines has caused or will cause me to have an economic hardship. (2) I understand that I am not eligible for a deferment under paragraph (VII)(1)(A) while I am'serving in a medical internship or residency program. (3) I understand that I may continue to defer snaking scheduled installment payments and will not be liable for any interest that might otherwise accrue for a six (6) month period immediately following the expiration of any deferment provided in paragraph VII(I). VIII. Teachine Cancellation (1) I understand that, upon making a properly documented written request to the Institution, I am entitled to have up to 100 percent of the amount of this loan plus the interest thereon canceled if I perform qualifying service after the period for which I received the loan- (A) As a full-time teacher in a public or other nonprofit elementary or secondary school in the school district of a local educational agency that is eligible in such year of service for funds under Chapter 1 of the Education Consolidation and Improvement Act of 1981, as amended, and which has been designated by the Secretary (after, consultation with each State Department of Education) in accordance with the provisions of section 465(a)(2) of the Act as a school with a high concentration of students from low-income families. An official Directory of designated low-income schools is published annually by the Secretary; (B) As a full-time special education teacher (including teachers of infants, toddlers, children, or youth with disabilities) in a public or other nonprofit elementary or secondary school system, or as a full-time qualified professional provider of early intervention services in a public or other nonprofit program under public supervision by the lead agency as authorized in section 676(b)(9) of the Individuals With Disabilities Education Act; or (C) As a full-time teacher of mathematics, science, foreign languages, bilingual education, or any other field of expertise that is determined by the State Department of Education to have a shortage of qualified teachers. (2) A portion of this loan will be canceled for each completed year of teaching service at the following rates: (A) 15 percent of the total principal amount of the loan plus interest on the unpaid balance accruing during that year for each of the first and second complete academic years of that teaching service; (B) 20 percent of the total principal amount of the loan plus interest on the unpaid balance accruing during that year for each of the third and fourth complete academic years of that teaching service; and (C) 30 percent of the total principal amount of the loan plus interest on the unpaid balance accruing during that year for the fifth complete academic year of that teaching service. IX. Head Start Cancellation (1) I understand that, upon making a properly documented written request to the Institution, I am entitled to have up to 100 percent of the amount of this loan plus the interest thereon canceled if I perform qualifying service after the period for which I received the loan as a full-time staff member in a Head Start program if (A) That Head Start program is operated for a period that is comparable to a full school year in the locality; and Page 2 of 4 Federal Perkins/July 1993 J (B) My salary is not more than the salary of a comparable employee of the local educational agency. (2) This loan will be canceled at the rate of 15 percent of the total principal amount of the loan plus interest on the unpaid balance accruing during that year for each complete school year or equivalent period of service in a Head Start program. (3) Head Start is a preschool program carried out under the Head Start Act. X. Military Cancellation (1) I understand that, upon making a properly documented written request to the Institution, I am entitled to have up to 50 percent of the principal amount of this loan plus the interest thereon canceled if I serve 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. (2) This loan will be canceled at the rate of 12 1/2 percent of the total principal amount of the loan plus interest on the unpaid balance accruing during that year for each complete year of such qualifying service after the period for which I received the loan. XI. Volunteer Service Cancellation (1) I understand that, upon making a properly documented written request to the Institution, I am entitled to have up to 70 percent of the amount of this loan plus the interest thereon canceled :if I perform qualifying service after the period for which I received the loan- (A) As a volunteer under the Peace Corps Act; or (B) As a volunteer under the Domestic Volunteer Service Act of 1973 (ACTION programs). (2) This loan will be canceled at the following rates: (A) 15 percent of the total principal amount of the loan plus interest on the unpaid balance accruing during that year for each of the first and second twelve (12) month periods of volunteer service completed; and (B) 20 percent of the total principal amount of the loan plus interest on the unpaid balance accruing during that year for each of the third and fourth twelve (12) month periods-of volunteer- service completed. -- )M, Law Enforcement or Corrections Officer Cancellation (1) I understand that, upon making a properly documented written request to the Institution, I am entitled to have up to 100 percent of the amount of this loan plus the interest thereon canceled if I perform qualifying service after the period for which I received the loan- (A) As a full-time law enforcement officer for service to an eligible local, State, or Federal law enforcement agency; or (B) As a full-time corrections officer for service to an eligible local, State, or Federal corrections agency. (2) A portion of this loan will be canceled for each completed year of law enforcement or corrections service at the following rates: (A) 15 percent of the total principal amount of the loan plus interest on the unpaid balance accruing during that year for each of the first and second complete years of that service; (B) 20 percent of the total principal amount of the loan plus interest on the unpaid balance accruing during that year for each of the third and fourth complete years of that service; and (C) 30 percent of the total principal amount of the loan plus interest on the unpaid balance accruing during that year for the fifth complete year of that service. XIII. Nurse or Medical Technician Cancellation (1) I understand that, upon making a properly documented written request to the Institution, I am entitled to have up to 100 percent of the amount of this loan plus the interest thereon canceled if I perform qualifying service after the period for which I received the loan as a full-time nurse or medical technician providing health care services. (2) A portion of this loan will be canceled for each completed year of service at the following rates: (A) 15 percent of the total principal amount of the loan plus interest on the unpaid balance accruing during that year for each of the first and second complete years of that service; (B) 20 percent of the total principal amount of the loan plus interest on the unpaid balance accruing during that year for each of the third and fourth complete years of that service; and (C) 30 percent of the total principal amount of the loan plus interest on the unpaid balance accruing during that year for the fifth complete year of that service. XIV. Child or Family Service Agency Cancellation (1) I understand that, upon making a properly documented written request to the Institution, I am entitled to have up to 100 percent of the amount of this loan plus interest thereon canceled if I perform qualifying service after the period for which I received the loan as a full-time employee of an eligible public or private nonprofit 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. (2) A portion of this loan will be canceled for each completed year of service at the following rates: (A) 15 percent of the total principal amount of the loan plus interest on the unpaid balance accruing during that year for each of the first and second complete years of that service; (B) 20 percent of the total principal amount of the loan plus interest on the unpaid balance accruing during that year for each of the third and fourth complete years of that service; and (C) 30 percent of the total principal amount of the loan plus interest on the unpaid balance accruing during that year for the fifth complete year of that service. XV. Death and Disability Cancellation (1) In the event of my death, the total amount owed on this loan will be canceled. (2) If I become permanently and totally disabled after I receive this loan, the Institution will cancel the total amount of this loan. XVI. Chance in Name Address Telephone Number, or Social Security Number I am responsible for informing the Institution of any change or changes in name, address, telephone number, or Social Security number. Page 3 of 4 Federal Perkins/July 1993 XVII. Late Char¢e (1) The Institution will impose wlate charge if-- (A) I do not make a scheduled payment when it is due; and (B) I do not submit to the Institution, on or before the data on which payment is due, documentation that I qualify for a deferment, cancellation, or forbearance as described in Articles VI, VII, VIII, DC, X, XI, )M, XIII, or XIV of this agreement. (2) No charge may exceed 20 percent of my monthly, bimonthly, or quarterly payment. (3)(A) The Institution may- (i) Add the late charge to the principal the day after the scheduled repayment was due; or (ii) Include it with the next scheduled repayment after I have received notice of the late charge. (B) If the Institution elects to add the late charge to the outstanding principal of the loan, it must so inform me before the due date of the next installment. XVIII. Assienment (1) This note may be assigned by the Institution only to- (A) The United States; (B) Another institution upon my transfer to that institution if that institution is participating in this program; or (C) Another institution approved by the Secretary. (2) The provisions of this note that relate to the Institution shall, where appropriate, relate to an assignee. (3) Any holder of this loan is subject to all claims and defenses that I could assert against the Institution that made this loan; my recovery is limited to the amount I repaid on this loan. XIX. Prior Loans I hereby certify that I have listed below all of the Federal Perkins Loans I have obtained at other institutions. (If no prior loans have been received, state "None.') FEDERAL PERKINS LOANS AT OTHER INSTITUTIONS Amount Date Institution 1 2 3 4 XX. Schedule of Advances The following amounts were advanced to me under this loan agreement on the dates indicated: Amount Date Signature of Borrower 1 T1,000.00 8/3U/94 4L2?? 2 $1,000.00 1/24/95 . 3 T NOTICE TO BORROWER: DO NOT SIGN THIS NOTE BEFORE YOU READ IT. I UNDERSTAND AND AGREE TO ALL OF THE FOREGOING TERMS AND CONDITIONS. [This note is signed as as sealed instrument.] / Ida? ". 19 q7' Permanent Address (Street or Box Number, City, State, and 'Lip Code) Social Security Number (borrower must provide) The borrower and Institution shall execute this note without security and without endorsement. 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 Perkins/July 1993 1? EXHIBIT "B" -09 Promissory Note-Federal Perkins Loan Program [Any bracketed clause or paragraph may be included at option of institution.] I, Terry Ann M. Ku i n , promise to pay to Dickinson College (hereinafter called the Institution), located at ar i s e. PA 17013-2896 the sum of the amounts that are advanced to me and endorsed in the Schedule of Advances set forth below. I promise to pay all reasonable collection costs, including attorney fees and other charges, necessary for the collection of any amount not paid when due. I further understand and agree that: I. General (1) Apolicable w. All sums advanced under this note are drawn from a fund created under Part E of Title IV of the Higher Education Act of 1965, as amended (hereinafter called the Act),; and are subject to the Act and the Federal regulations issued under the Act. The terms of this note shall be interpreted in accordance with the Act and Federal regulations, copies of which are to be kept by the Institution. (2) Procedures for Receiving Deferment. Cancellation. or Forbearance. I understand that, to receive a deferment, cancellation. or forbearance, I must request the deferment, cancellation, or forbearance in writing from the Institution and must submit to the Institution any documentation required by the Institution to prove that I qualify for the deferment, cancellation, or forbearance. I further understand that, if I am eligible for deferment, cancellation, or forbearance under Articles VI through XN, I am responsible for submitting the appropriate requests on time. I further understand that I may lose my deferment, cancellation, and forbearance benefits if I fail to file my request on time. II. Interest Interest shall accrue. from .-the -beginning of the repayment period..and_shalLbe_at_theANWAL_P.ERCENTA.GE_RATE_OF_FIVE PERCENT (596) on the unpaid balance, except that no interest shall accrue during any deferment period described in Article VII. III. Repayment (1) 1 promise to repay the principal and the interest that accrues on it to the Institution over a period beginning nine (9) months after the date I cease to be at least a half-time regular student at an institution of higher education, or at a comparable institution outside the United States approved for this purpose by the United States Secretary of Education (hereinafter called the Secretary), and ending ten (10) years later, unless that period is [shortened under paragraph III(5), or] extended under paragraphs III(4), III() (extensions), VII(I), or VII(3) (deferments). (2) Upon my written request, the repayment period may start on a date earlier than the one indicated in paragraph M(l). (3)(A) I promise to repay the principal and interest over the course of the repayment period in equal monthly, bimonthly, or quarterly installments, as determined by the Institution. I understand that, if my installment payment for all the loans made to me by the Institution is not a multiple of $5, the Institution may round that payment to the next highest dollar amount that is a multiple of $5. (B) Notwithstanding paragraph III(3)(A), upon my written request, repayment may be made in graduated installments in accordance with a schedule approved by the Secretary. (4) Notwithstanding paragraph M(l), if I qualify as a low-income individual during the repayment period, the Institution, upon my written request, may extend the repayment period for up to an additional ten (10) years and may adjust any repayment schedule to reflect my income. [(5)(A) If the monthly rate that would be established under paragraph III(1).. or the total monthly repayment rate of principal and interest on all my Federal Perkins Loans, including this loan, is less than $40.00 per month, I shall repay the principal and interest on this loan at the rate of $40.00 per month (which includes both principal and interest). (5)(B) If I have received Federal Perkins Loans from other institutions and the total monthly repayment rate on those loans is less than $40.00 the $40.00 monthly payment established under subparagraph III(5)(A) includes the amounts I owe on all my outstanding Federal Perkins Loans, including those received from other institutions. The portion of the $40.00 monthly payment that will be applied to this loan will be the difference between $40.00 and the total of the amounts owed at a monthly rate on my other Federal Perkins Loans. (6) The Institution may permit me to pay less than the rate of $40.00 per month for a period of not more than one (1) year where necessary to avoid hardship to me unless that action would extend the repayment period in paragraph III(1).] (n The Institution may, upon my written request„ reduce any scheduled repayments or extend the repayment period indicated in paragraph M(l), if, in its opinion, circumstances such as prolonged illness or unemployment prevent me from making the scheduled repayments. However, interest shall continue to accrue. W. Prepayment (1) I may, at my option and without penalty, prepay all or any part of the principal, plus any accrued interest thereon, at any time. (2) Amounts I repay in the academic year in which the loan was made and the initial grace period has not ended will be used to reduce the amount of the loan and will not be considered a prepayment. (3) If I repay amounts during the academic year in which the loan was made and the initial grace period ended, only those amounts in excess of the amount due for any repayment period shall be considered a prepayment. (4) 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 installment, the excess will be used to repay principal unless I designate it as an advance payment of the next regular installment. V. Default (1) The Institution may, at its option, declare my loan to be in default and may demand immediate payment of the entire unpaid balance of the loan, including principal, interest, late charges, and collection costs, if- (A) I do not make a scheduled payment when due under the repayment schedule established by the Institution; and (B) I do not submit to the Institution, on or before the date on which payment is due, documentation that I qualify for a deferment, cancellation, or forbearance as described in Articles VI, VII, VIII, IX, X, XI, XII, XIII, or XIV of this agreement. (2) I understand that the Institution may disclose to credit bureau organizations the amount of loans made to me, along with other relevant Page I of 4 Federal PerkinstJuly 1993 information. (3) I understand that, if I default on my loan, the Institution may disclose that I have defaulted, along with other relevant information, to credit bureau organizations. (4) Further, I understand that, if I default on my loan and the loan is assigned to the Secretary for collection, the Secretary may disclose that I have defaulted, along with other relevant information, to credit bureau organizations. (5) I understand that, if I default on my loan, I will lose my right to forbearance. (6) I understand that, if I default on my loan, I will lose my right to defer repayments. (l) I understand that, if the Institution accelerates the loan under paragraph V(1), I will lose my right to receive a cancellation of a portion of my loan for any service described in Articles VIII, IX, X, XI, XII, XIII, or XIV performed after the date the Institution accelerated the loan. (8) 1 understand that failure to pay this obligation under the terms agreed upon will prevent my obtaining additional student financial aid authorized under Title N of the Higher Education Act of 1965, as amended, until I have made arrangements that are satisfactory to the Institution or the Secretary regarding the repayment of the loan. VI. Forbearance (1) I understand that, upon making a properly documented written request to the Institution, I am entitled to be granted forbearance of principal and interest or principal only, renewable at 12-month intervals, for a period not to exceed three years, if- (A) My debt burden equals or exceeds 20 percent of my gross income; or (B) The Institution determines that I qualify for other reasons. VII. Defermen (1) 1 understand that, upon making a properly documented written request to the Institution, I may defer making scheduled installment payments and will not be liable for any interest that might otherwise accrue during the following periods: (A) For any period that I am- (i) Enrolled and in attendance as a regular student in at least a half-time course of study at an eligible institution; (ii) Enrolled and in attendance as a regular student in a course of study that is part of a graduate fellowship program approved by the Secretary; (iii) Engaged in graduate or post-graduate fellowship-supported study (such as a Fulbright grant) outside the United States; or (iv) Enrolled and in attendance in a course of study that is part of a rehabilitation training program for disabled individuals approved by the Secretary. (B) For any period that I am engaged in service described in Articles VIII, IX, X, XI, XII, X M, or XIV of this agreement. (C) For a period not to exceed three (3) years during which- () I am seeking and unable to find full-time employment; or (ii) For any reason that my Institution determines has caused or will cause me to have an economic hardship. (2) I understand that I am not eligible for a deferment under paragraph (VII)(1)(A) while I am'serving in a medical internship or residency program. (3) I understand that I may continue to defer making scheduled installment payments and will not be liable for any interest that might otherwise accrue for a six (6) month period immediately following the expiration of any deferment provided in paragraph VII(1). VIII. Teacbine Cancellation (1) I understand that, upon making a properly documented written request to the Institution, I am entitled to have up to 100 percent of the amount of this loan plus the interest thereon canceled if I perform qualifying service after the period for which I received the loan- (A) As a full-time teacher in a public or other nonprofit elementary or secondary school in the school district of a local educational agency that is eligible in such year of service for funds under Chapter 1 of the Education Consolidation and Improvement Act of 1981, as amended, and which has been designated by the Secretary (after consultation with each State Department of Education) in accordance with the provisions of section 465(a)(2) of the Act as a school with a high concentration of students from low-income families. An official Directory of designated low-income schools is published annually by the Secretary; (B) As a full-time special education teacher (including teachers of infants, toddlers, children, or youth with disabilities) in a public or other nonprofit elementary or secondary school system, or as a full-time qualified professional provider of early intervention services in a public or other nonprofit program under public supervision by the lead agency as authorized in section 676(b)(9) of the Individuals With Disabilities Education Act; or (C) As a full-time teacher of mathematics, science, foreign languages, bilingual education, or any other field of expertise that is determined by the State Department of Education to have a shortage of qualified teachers. (2) A portion of this loan will be canceled for each completed year of teaching service at the following rates: (A) 15 percent of the total principal amount of the loan plus interest on the unpaid balance accruing during that year for each of the first and second complete academic years of that teaching service; (B) 20 percent of the total principal amount of the loan plus interest on the unpaid balance accruing during that year for each of the third and fourth complete academic years of that teaching service; and (C) 30 percent of the total principal amount of the loan plus interest on the unpaid balance accruing during that year for the fifth complete academic year of that teaching service. IX. Head Start Cancellation (1) I understand that, upon making a properly documented written request to the Institution, I am entitled to have up to 100 percent of the amount of this loan plus the interest thereon canceled if I perform qualifying service after the period for which I received the loan as a full-time staff member in a Head Start program if- (A) That Head Start program is operated for a period that is comparable to a full school year in the locality; and Page 2 of 4 Federal Perkins/July 1993 v (B) My salary is not more than the salary of a comparable employee of the local educational agency. (2) This loan will be canceled at the rate of 15 percent of the total principal amount of the loan plus interest on the unpaid balance accruing during that year for each complete school year or equivalent period of service in a Head Start program. (3) Head Start is a preschool program carried out under the Head Start Act. X. Militarv Cancellation (1) I understand that, upon making a properly documented written request to the Institution, I am entitled to have up to 50 percent of the principal amount of this loan plus the interest thereon canceled if I serve 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. (2) This loan will be canceled at the rate of 12 112 percent of the total principal amount of the loan plus interest on the unpaid balance accruing during that year for each complete year of such qualifying service after the period for which I received the loan. XI, Volunteer Service Cancellation (1) 1 understand that, upon making a properly documented written request to the Institution, I am entitled to have up to 70 percent of the amount of this loan plus the interest thereon canceled if I perform qualifying service after the period for which I received the loan- (A) As a volunteer under the Peace Corps Act; or (B) As a volunteer under the Domestic Volunteer Service Act of 1973 (ACTION programs). (2) This loan will be canceled at the following rates: (A) 15 percent of the total principal amount of the loan plus interest on the unpaid balance accruing during that year for each of the first and second twelve (12) month periods of volunteer service completed; and (B) 20 percent of the total. principal amount of the loan plus interest on the unpaid balance accruing during that year for each of the third and fourth twelve (12) month periods of volunteer service completed. )M. Law Enforcement or Corrections Officer Cancellation (1) I understand that, upon making a properly documented written request to the Institution. I am entitled to have up to 100 percent of the amount of this loan plus the interest thereon canceled if I perform qualifying service after the period for which I received the loan- (A) As a full-time law enforcement officer for service to an eligible local, State, or Federal law enforcement agency; or (B) As a full-time corrections officer for service to an eligible local, State, or Federal corrections agency. (2) A portion of this loan will be canceled for each completed year of law enforcement or corrections service at the following rates: (A) 15 percent of the total principal amount of the loan plus interest on the unpaid balance accruing during that yeas for each of the first and second complete years of that service; (B) 20 percent of the total principal amount of the loan plus interest on the unpaid balance accruing during that year for each of the third and fourth complete years of that service; and (C) 30 percent of the total principal amount of the loan, plus interest on the unpaid balance accruing during that year for the fifth complete year of that service. XM. Nurse or Medical Technician Cancellation (1) I understand that, upon making a properly documented written request to the Institution, I am entitled to have up to 100 percent of the amount of this loan plus the interest thereon canceled if I perform qualifying service after the period for which I received the loan as a full-time nurse or medical technician providing health taro services. (2) A portion of this loan will be canceled for each completed year of service at the following rates: (A) 15 percent of the total principal amount of the loan plus interest on the unpaid balance accruing during that year for each of the first and second complete years of that service; (B) 20 percent of the total principal amount of the loan plus interest on the unpaid balance accruing during that year for each of the third and fourth complete years of that service; and (C) 30 percent of the total principal amount of the loan plus interest on the unpaid balance accruing during that year for the fifth complete year of that service. XIV. Child or FamilySevice A¢eacv Cancellation 4 (1) I understand that, upon making a properly documented written request to the Institution, I am entitled to have up to 100 percew of the amount of this loan plus interest thereon canceled if I perform qualifying service after the period for which I received the loan as a full-time employee of an eligible public or private nonprofit 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. Y. (2) A portion of this loan will be canceled for each completed year of service at the following rates: (A) 15 percent of the total principal amount of the loan plus interest on the unpaid balance accruing during that year for each of the first and second complete years of that service; (B) 20 percent of the total principal amount of the loan plus interest on the unpaid balance accruing during that year for each of the third and fourth complete years of that service; and (C) 30 percent of the total principal amount of the loan plus interest on the unpaid balance accruing during that year for the fifth complete year of that service. XV. Death and Disability Cancellation (1) In the event of my death, the total amount owed on this loan will be canceled. (2) If I become permanently and totally disabled after I receive this loan, the Institution will cancel the total amount of this loan. XVI. Char ee in Name. Address. Telephone Number, or Social Security Number I am responsible for informing the Institution of any change or changes in name, address, telephone number, or Social Security number. Page 3 of 4 Federal Perkins/July 1993 ?.l XVII. Late Char¢e (1) The Institution will impose & late charge if- (A) I do not make a scheduled payment when it is due; and (B) I do not submit to the Institution, on or before the date on which payment is due, documentation that I qualify for a deferment, cancellation, or forbearance as described in Articles VI, VII, VIII, IX, X, XI, XII, XIII, or MV of this agreement. (2) No charge may exceed 20 percent of my monthly, bimonthly, or quarterly payment. (3)(A) The Institution may- (i) Add the late charge to the principal the day after the scheduled repayment was due; or (ii) Include it with the next scheduled repayment after I have received notice of the late charge. (B) If the Institution elects to add the late charge to the outstanding principal of the loan, it must so inform me before the due date of the next installment. XVM. Assienment (1) This note may be assigned by the Institution only to- (A) The United States; (B) Another institution upon my transfer to that institution if that institution is participating in this program; or (C) Another institution approved by the Secretary, (2) The provisions of this note that relate to the Institution shall, where appropriate, relate to an assignee. (3) Any holder of this loan is subject to all claims and defenses that I could assert against the Institution that made this loan; my recovery is limited to the amount I repaid on this loan. M. Prior Loans I hereby certify that I have, listed below all of the Federal Perkins Loans I have obtained at other institutions. (If no prior loans have been received, state 'None.") XX. Schedule of Advances The following amounts were advanced to me under this loan agreement on the dates indicated: NOTICE TO BORROWER: DO NOT SIGN THIS NOTE BEFORE YOU READ IT. I UNDERSTAND AND AGREE TO ALL OF THE FOREGOING TERMS AND CONDITIONS. [This note is signed as a sealed instrument.) e V Date , 1991 Permanent Address (Street or Box Number, City, State, and Zip Code) Social Security Number (borrower must provide) The borrower and Institution shall execute this note without security and without endorsement. 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 C. Federal Perkins/July 1993 FEDERAL PERKINS LOANS AT OTHER INSTM-MI QNS EXHIBIT "C" -09 Promissory Note-Federal Perkins Loan Program [Any bracketed clause or paragraph may be included at option of institution.] I, ' ,promise to pay to Dickinson College (hereinafter called the Institution), located at ar' isle. A 170T3-2896 , the sum of the amounts that are advanced to me and endorsed in the Schedule of Advances set forth below. I promise to pay all reasonable collection costs, including attorney fees and other charges, necessary for the collection of any amount not paid when due. I further understand and agree that: tal I. Gene (1) Applicable Iaw. All sutras advanced under this note are drawn from a fund created under Part E of Title IV of the Higher Education Act of 1965, as amended (hereinafter called the Act), and are subject to the Act and the Federal regulations issued under the Act. The terms of this note shall be interpreted in accordance with the Act and Federal regulations, copies of which are to be kept by the Institution. (2) Procedures for Receiving Deferment. Cancellation, or Forbearance. I understand that, to receive a deferment, cancellation, or forbearance, I must request the deferment, cancellation, or forbearance in writing from the Institution and must submit to the Institution any documentation required by the Institution to prove that I qualify for the deferment, cancellation, or forbearance. I further understand that, if I am eligible for deferment, cancellation, or forbearance under Articles VI through MV, I am responsible for submitting the appropriate requests on time. I further understand that I may lose my deferment, cancellation, and forbearance benefits if I fail to file my request on time. II. Interest Interest shall accrue from the beginning of the repayment period and shall" be at-ttie ANNUAL-PERCENPAGE-RATE-OF FIVE PERCENT (5%) on the unpaid balance, except that no interest shall accrue during any deferment period described in Article VII. M. Repayment (1) 1 promise to repay the principal and the interest that accrues on it to the Institution over a period beginning nine (9) months after the date I cease to be at least a half-time regular student at an institution of higher education, or at a comparable institution outside the United States approved for this purpose by the United States Secretary of Education (bereinafter called the Secretary), and ending ten (10) years later, unless that period is [shortened under paragraph III(5), or] extended under paragraphs III(4), MC7) (extensions), VH(1), or VII(3) (deferments). (2) Upon my written request, the repayment period may start on a data earlier than the one indicated in paragraph M(l). (3)(A) I promise to repay the principal and interest over the course of the repayment period in equal monthly, bimonthly, or quarterly installments, as determined by the Institution. I understand that, if my installment payment for all the loans made to me by the Institution is not a multiple of $5, the Institution may round that payment to the next highest dollar amount that is a multiple of $5. (B) Notwithstanding paragraph DII(3)(A), upon my written request, repayment may be made in graduated installments in accordance with a schedule approved by the Secretary. (4) Notwithstanding paragraph M(1), if I qualify as a low-income individual during the repayment period, the Institution, upon my written request, may extend the repayment period for up to an additional ten (10) years and may adjust any repayment schedule to reflect my income. [(5)(A) If the monthly rate that would be established under paragraph M(l), or the total monthly repayment rate of principal and interest on all my Federal Perkins Loans, including this loan, is lass than $40.00 per month. I shall repay the principal and interest on this loan at the rate of $40.00 per month (which includes both principal and interest). (5)(B) If I have received Federal Perkins Loans from other institutions and the total monthly repayment rate on those loans is less than $40.00 the $40.00 monthly payment established under subparagraph III(5)(A) includes the amounts I owe on all my outstanding Federal Petkins Loans, including those received from other institutions. The portion of the $40.00 monthly payment that will be applied to this loan will be the difference between $40.00 and the total of the amounts owed at a monthly rate on my other Federal Perkins Loans. (6) The lastitution may permit me to pay tens than the rate of $40.00 per month for a period of not more than one (1) year where necessary to avoid hardship to me unless that action would extend the repayment period in paragraph DII(1).1 (n The Institution may, upon my written request, reduce any scheduled repayments or extend the repayment period indicated in paragraph III(1), if, in its opinion, circumstances such as prolonged illness or unemployment prevent me from making the scheduled repayments.. However, interest shall continue to accrue. IV, re a e (1) 1 may, at my option and without penalty, prepay all or any part of the principal, plus any accrued interest thereon, at any time. (2) Amounts I repay in the academic year in which the loan was made and the initial grace period has not ended will be used to reduce the amount of the loan and will not be considered a prepayment. (3) If I repay amounts during the academic year in which the loan was made and the initial grace period ended, only those amounts in excess of the amount due for any repayment period shall be considered a prepayment. (4) 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 installment, the excess will be used to repay principal unless I designate it as an advance payment of the next regular installment. V. Defaul (1) The Institution may, at its option, declare my loan to be in default and may demand immediate payment of the entire unpaid balance of the loan, including principal, interest, late charges, and collection costs, if- (A) I do not make a scheduled payment when due under the repayment schedule established by the Institution; and (B) 1 do not submit to the Institution, on or before the date on which payment is due, documentation that I qualify for a deferment, cancellation, or forbearance as described in Articles VI, VII, VIII, IX, X, XI, XII, XIII, or M of this agreement. (2) 1 understand that the Institution may disclose ro credit bureau organizations the amount of loans made to me, along with other relevant Page 1W 4 Federal Perkins/7uly 1993 information. (3) I understand that, if I default on my loan, the Institution may disclose that 1 have defaulted, along with other relevant information, to credit bureau organizations. (4) Further, I understand that, if I default on my loan and the loan is assigned to the Secretary for collection, the Secretary may disclose that I have defaulted, along with other relevant information, to credit bureau organizations. (5) I understand that, if I default on my loan, I will lose my right to forbearance. (6) I understand that, if I default on my loan, I will lose my right to defer repayments. (7) I understand that, if the Institution accelerates the loan under paragraph V(1), I will lose my right to receive a cancellation of a portion of my loan for any service described in Articles VIII, IX, X, XI, XII, XIII, or XIV performed after the date the Institution accelerated the loan. (8) I understand that failure to pay this obligation under the terms agreed upon will prevent my obtaining additional student financial aid authorized under Title N of the Higher Education Act of 1965, as amended, until I have made arrangements that are satisfactory to the Institution or the Secretary regarding the repayment of the loan. V1. Forbearance (1) I understand that, upon making a properly documented written request to the Institution, I am entitled to be granted forbearance of principal and interest or principal only, renewable at 12-month intervals, for a period not to exceed three years, if- (A) My debt burden equals or exceeds 20 percent of my gross income; or . (B) The Institution determines that I qualify for other reasons. VII. ferment (1) 1 understand that, upon making a properly documented written request to the Institution, I may defer making scheduled installment payments and will not be liable for any interest that might otherwise accrue during the following periods: (A) For any period that I am- (i) Enrolled and in attendance as a regular student in at least a half-time course of study at an eligible institution; (ii) Enrolled and in attendance as a regular student in a course of study that is part of a graduate fellowship program approved by the Secretary; (iii) Engaged in graduate or post-graduate fellowship-supported study (such as a Fulbright grant) outside the United States; or (iv) Enrolled and in attendance in a course of study that is part of a rehabilitation training program for disabled individuals approved by the Secretary. (B) For any period that I am engaged in service described in Articles VIII, IX, X, XI, XII, xm, or XIV of this agreement. (C) For a period not to exceed three (3) years during which- (i) I am seeking and unable to find full-time employment; or (ii) For any reason that my Institution determines has caused or will cause me to have an economic hardship. (2) I understand that I am not eligible for a deferment under paragraph (VII)(1)(A) while 1 am'serving in a medical internship or residency program. (3) 1 understand that I may continue to defer making scheduled installment payments and will not be liable for any interest that might otherwise accrue for a six (6) month period immediately following the expiration of any deferment provided in paragraph VII(I). VIII. Teachint Cancellation (1) 1 understand that, upon making a properly documented written request to the Institution, I am entitled to have up to 100 percent of the amount of this loan plus the interest thereon canceled if I perform qualifying service after the period for which I received the loan- (A) As a full-time teacher in a public or other nonprofit elementary or secondary school in the school district of a local educational agency that is eligible in such year of service for funds under Chapter I of the Education Consolidation and Improvement Act of 1981, as amended, and which has been designated by the Secretary (after consultation with each State Department of Education) in accordance with the provisions of section 465(a)(2) of the Act as a school with a high concentration of students from low-income families. An official Directory of designated low-income schools is published annually by the Secretary; (B) As a full-time special education teacher (including teachers of infants, toddlers, children, or youth with disabilities) in a public or other nonprofit elementary or secondary school system, or as a full-time qualified professional provider of early intervention services in a public or other nonprofit program under public supervision by the lead agency as authorized in section 676(b)(9) of the Individuals With Disabilities Education Act; or (C) As a full-time teacher of mathematics, science, foreign languages, bilingual education, or any other field of expertise that is determined by the State Department of Education to have a shortage of qualified teachers. (2) A portion of this loan will be canceled for each completed year of teaching service at the following rates: (A) 15 percent of the total principal amount of the loan plus interest on the unpaid balance accruing during that year for each of the first and second complete academic years of that teaching service; (B) 20 percent of the total principal amount of the loan plus interest on the unpaid balance accruing during that year for each of the third and fourth complete academic years of that teaching service; and (C) 30 percent of the total principal amount of the loan plus interest on the unpaid balance accruing during that year for the fifth complete academic year of that teaching service. IX. Head Start Cancellation (1) I understand that, upon making a properly documented written request to the Institution, I am entitled to have up to 100 percent of the amount of this loan plus the interest thereon canceled if I perform qualifying service after the period for which I received the loan as a full-time staff member in a Head Start program if- (A) That Head Start program is operated for a period that is comparable to a full school year in the locality; and Page 2 of 4 Federal Perkinstluly 1993 (B) My salary is not more than the salary of a comparable employee of the local educational agency. (2) This loan will be canceled at the rate of 15 percent of the total principal amount of the loan plus interest on the unpaid balance accruing during that year for each complete school year or equivalent period of service in a Head Start program. (3) Head Start is a preschool program carried out under the Head Start Act. X. Military Cancellation (1) I understand that, upon making a properly documented written request to the Institution, I am entitled to have up to 50 percent of the principal amount of this loan plus the interest thereon canceled if I serve 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. (2) This loan will be canceled at the rate of 12 1/2 percent of the total principal amount of the loan plus interest on the unpaid balance accruing during that year for each complete year of such qualifying service after the period for which I received the loan. M. Volunteer Service Cancellation (1) I understand that, upon making a properly documented written request to the Institution, I am entitled to have up to 70 percent of the amount of this loan plus the interest thereon canceled if I perform qualifying service after the period for which I received the loan- (A) As a volunteer under the Peace Corps Act; or (B) As a volunteer under the Domestic Volunteer Service Act of 1973 (ACTION programs). (2) This loan will be canceled at the following rates: (A) 15 percent of the total principal amount of the loan plus interest on the unpaid balance accruing during that year for each of the first and second twelve (12) month periods of volunteer service completed; and (B) 20 percent of the total principal amount -of the loan plus interest on the "iunpat"d-'6alanee accrWzig-during that year for each of the third and fourth twelve (12) month periods of volunteer service completed. XII. Law Enforcement or Corrections Officer Cancellation (1) I understand that, upon making a properly documented written request to the Institution. I am entitled to have up to 100 percent of the amount of this loan plus the interest thereon canceled if I perform qualifying service after the period for which I received the loan- (A) As a full-time law enforcement officer for service to an eligible local, State, or Federal law enforcement agency; or (B) As a full-time corrections officer for service to an eligible local, State, or Federal corrections agency. (2) A portion of this loan will be canceled for each completed year of law enforcement or corrections service at the following rates: (A) 15 percent of the total principal amount of the loan plus interest on the unpaid balance accruing during that year for each of the first and second complete years of that service; (B) 20 percent of the total principal amount of the loan plus interest on the unpaid balance accruing during that year for each of the third and fourth complete years of that service; and (C) 30 percent of the total principal amount of the loan plus interest on the unpaid balance accruing during that year for the fifth complete year of that service. )III. Nurse or Media Technician Cancellation (1) I understand that, upon making a properly documented written request to the Institution, I am entitled to have up to 100 percent of the amount of this loan plus the interest thereon canceled if I perform qualifying service after the period for which I received the loan as a full-time nurse or medical technician providing health care services. (2) A portion of this loan will be canceled for each completed year of service at the following rates: (A) 15 percent of the total principal amount of the loan plus interest on the unpaid balance accruing during that year for each of the first and second complete years of that service; (B) 20 percent of the total principal amount of the loan plus interest on the unpaid balance accruing during that year for each of the third and fourth complete years of that service; and (C) 30 percent of the total principal amount of the loan plus interest on the unpaid balance accruing during that year for the fifth complete year of that service. XIV. Child or Family Service Aeency Cancellation (1) 1 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 plus interest thereon canceled if I perform qualifying service after the period for which 1 received the loan as a full-time employee of an eligible public or private nonprofit 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. (2) A portion of this loan will be canceled for each completed year of service at the following rates: (A) 15 percent of the total principal amount of the loan plus interest on the unpaid balance accruing during that year for each of the first and second complete years of that service; (B) 20 percent of the total principal amount of the loan plus interest on the unpaid balance accruing during that year for each of the third and fourth complete years of that service; and (C) 30 percent of the total principal amount of the loan plus interest on the unpaid balance accruing during that year for the fifth complete year of that service. XV. Death and Disability Cancellation (1) In the event of my death, the total amount owed on this loan will be canceled. (2) If I become permanently and totally disabled afar I receive this loan, the Institution will cancel the total amount of this loan. XVI. Chance in Name. Address. Telephone Number. or Social Security Number I am responsible for informing the Institution of any change or cbanges in name, address, telephone number, or Social Security number. Page 3"?f 4 Federal Perkins/July 1993 XVII. Late Charee (1) The Institution will impose r late charge if- (A) I do not make a scheduled payment when it is due; and (B) I do not submit to the Institution, on or before the date an which payment is due, documentation that I qualify for a deferment, cancellation, or forbearance as described in Articles VI, VII, VIII, IX, X. XI, XII, XIII, or XIV of this agreement. (2) No charge may exceed 20 percent of my monthly, bimonthly, or quarterly payment. (3)(A) The Institution may- (i) Add the late charge to the principal the day after the scheduled repayment was due; or (ii) Include it with the next scheduled repayment after I have received notice of the late charge. (B) If the Institution elects to add the late charge to the outstanding principal of the loan, it must so inform me before the due date of the next installment. XVIII. Assienment (1) This note may be assigned by the Institution only to- (A) The United States; (B) Another institution upon my transfer to that institution if that institution is participating in this program; or (C) Another institution approved by the Secretary. (2) The provisions of this note that relate to the Institution shall, where appropriate, relate to an assignee. (3) Any holder of this loan is subject to all claims and defenses that I could assert against the Institution that made this loan; my recovery is limited to the amount I repaid on this loan. XIX. Prior Loans I hereby certify that I have listed below all of the Federal Perkins Loans I have obtained at other institutions. (If no prior loans have been received, state 'None.') FEDERAL. PERKINS LOANS_ AT OTHER INS=UTIONS XX. Schedule of Advances The following amounts were advanced to me under this loan agreement on the dates indicated: NOTICE TO BORROWER DO NOT SIGN THIS NOTE BEFORE YOU READ IT. I UNDERSTAND AND AGREE TO ALL OF THE FOREGOING TERMS AND CONDMONS. [This note is signed as a sealed instrument.] X Date 1-5 r , 19 CAP P Permanent Address (Street or Box Number, City, State, and Zip Code) Date of Birth v K 574- lV Social Security Number (borrower must provide) _ _ The borrower and Institution shall execute this note without security and without endorsement. 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 Perkins/July 1993 EXHIBIT "D" NATIONAL DIRECT STUDENT LOAN (NDSL) PROMISSORY NOTE Name (last,first,middle initial) and Permanent Address (street,city,state, zip code) 2. Social Security Number 3. Date of Birth Terry Kupin 57 MAnsel Dr. Landing, NJ 07850 4. Area Code/Telephone Number 5. Driver's License Number (List state abbreviation first) 6. School Name &Address (street, city, state, zip code) Dickinson College PO Box 1773 Carlisle. PA 17713 Loan Amount Loan Period Date Signed 1500.00 96-97 ?i A r. !S? 6 Z Borrower Status 18. Interest Rate h hall-erne 5% rte Halt-time or greater C1 L. tan Borrower's Signature TERMS AND CONDITIONS: (Any brad eted clause or paragraph may be included at option of insticutiom] APPLICABLE LAW -The terms of this note and any disbursements made under this note shall be interpreted in accordance with Part E of Title N of the Higher Education Act of 1965, as amended (hereinafter called the Az), as ?vdt as Federal regulations issued under the Act. All sums advanced under this note are subject to the Ace and Federal regulation issued under the Act. REPAYMENT - I am obligated to repay the principal and the interac that accrues on it to the above. named institution (hueinafur celled die school) over a period beginning 6 monds (or sooner if I am a less-than-half-time bom wer) after die dare I cease o be at least a half-tune student at an institution of higher cauation or a comparable school outside the United Stares approved by the United States Secretary of Education (hadnahttr ailed the Secretary) and ending 10 ye= I= unless I tequest in writing that any repayment period begin sooner. I understand that the school will report the amount of my installment payments, along with the amount of this ban, to a national credit bureau. Interest on this ban shall accrue from the beginning of the repayment penod. Ivey repayment peiod may be shouter than 10 years if I am required by my school to rake minimum monthly pzymenm Upon my wrier m request tray repayment period may be eaended during periods of deferment, hudsiup or forbearance and I may nuke graduated itustallnrnts in accordance with a schedule approved by the Secretary. I will make my installmcnr payments in equal monthly, bvnondily or quarterly installments as determined by the school. The school ray round my installment: payment to the nera highest multiple of $5. R will rake a minimum monthly repayment of $30 in accordance with the IvCrsimum Monthly Payment Section of theTe= and Conditions contained on the reverse side of this document] ? -a sc?l-heduled payment when due or if I fill to submit o die school on or before tic due date of the payment, a properly LATE CHARGES - The school will impose late charges if] do not make documented wrinsn request that I qualify for any of the fb1bC2 anCe, deFaatent or cancellation benefits as described below. No I= charges may --M 20% of my mondily, bimonthly or quutesly payment The school may add the late charges to principal the day after the scheduled repayment was dire or include it with the naa schoduled repayment aft= I have received nonce of the dwige, and such notice is sent before the nets installment: is due. REQUESTS FOR DEFERMENT CANCEISATION OR FORBEARANCE -To receive deferment, cancellation. or fb6caranee benefra, I must make a written request to the school and must submit to the school any documentation the school requires to F'rave my eligibility for these bm&m I am responsible for submitting the appropriate requam on time, and I may lase my benefits if l flit to file my request on time. DEFAULT - If I W to make a scheduled payment when due; if l fail :o submit to the school, on or before the due date of a scheduled payatent, documentation due I qualify for a deferment, cancellation, or forbearance; or if I fail to comply with the terns and conditions of this promissory note or written repayment agreemenr, the school may ar its option, declare my loan to be in default and may accelerate my loan (demand immedace payment of the entire unpaid balance of the loan, including principal, interest, lace charges, and mllection costs). The school, and the Secretary; if my ban is assigned to the Secretary for collection, shall &i dose 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 dcfaulr on my loan. I will lose my right to receive cancellation baAts for service that is performod after the dare die school accelerated the loan. I will be ineligible for any further federal student financial assistance authorized under the Ace until I make arrangements car art saris&crory to the school or the Secretary to repay my loam CHANGE OF STATUS - I vi J1 inform the school of any lunge in my name, address, telephone number, Social Security number or driver's kense number ASSIGNMENT -Theis note may be assigned by the school only to the United Stites. 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 Nom, the stun of amoune(s) advanced to me under the terms of this Noce, plus interest and other fees which may become due as provided in this Nom I promise to pay all reasonable collection costs, including attorney fees and other charges, necessary for the collection of any amount not paid when due. I will not sign this Note before reading it including the provisions on the reverse side. This loan has been made to me without security or endorsement My signature certifies I have read understand, and agree to die terms and conditions of this Promissory Note. THIS IS A LOAN(S) THAT MUST BE REPAID. Date: `? EXHIBIT "E" FEDERAL PERKINS LOAN PROMISSORY NOTE SectionA Borrower Section 1. Name (last, first, middle initial) and Permanent Address (street, city, state, zip code) Kupin, Terry A. 57 Mansel Dr. Landing, NJ 07850 School Section B; 6. School Name & Address (street, city, state, zip code) Dickinson College _-- P.O. Box 1773 Carlisle, PA 17013-2896 TERMS AND CONDITIONS: 2. Social Security Number 3. Date of Birth 4. Area Code/Telephon Number 5. Driver's Licenrp Number (List state abbreviation first) 7. Borrower Status 8. Interest Rate Q Half-time or greater ? Less than half-time 5% 9 Loan Amount: 110. Loan Period 1,0 1997-1998 [Any bracketed clause or paragraph may be included at option of institution.} APPLICABLE LAW - The terms of this note and any disbursements made under this note shall be interpreted in accordance with Part E of Title IV of the Higher Education Act of 1965, as amended (hereinafter called the Act), as well as Federal regulations issued under the Act. All suns advanced under this note are subject to the Act and Federal regulations issued under the Act. REPAYMENT - I am obligated to repay the principal and the interest that accrues on it to the above-named institution (hereinafter called the school) over a period beginning 9 months (or sooner if I am a less than a half-time borrower) after the date I cease to be at least a half-time student at an Institution of higher education or a comparable school outside the United States approved by the United States Secretary of Education (hereinafter called the Secretary) and ending 10 years later, unless 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 l am required by my school to make minimum monthly payments. Upon my written request my repayment period may be extended during periods of deferment, hardship, or forbearance and 1 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 I do not make a scheduled payment when due or if I fail to submit to the school on or before the due date of the payment, a properly documented written request that I qualify for any of the forbearance, deferment or cancellation benefits as described below. No late charges may exceed 20% of my monthly, bimonthly or quarterly payment. The school may add the late charges to principal the day after the scheduled repayment was due or include it with the next scheduled repayment after I have received notice of the charge, and such notice is sent before the next installment is due. REQUESTS FOR DEFERMENT. CANCELLATION OR FORBEARANCE - To receive deferment, cancellation, or forbearance benefits, 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 fail to make a scheduled payment when due', if I fail to submit to the school, on or before the due date of a scheduled payment, documentation that I qualify for a deferment, cancellation, or forbearance: or if 1 fail to comply with the terms and conditions of this promissory note or written repayment agreement, the school may, at its option, declare my loan to be in default and may accelerate my loan (demand immediate payment of the entire unpaid balance of the loan, including principal, interest, late charges, and collection costs). The school, and the Secretary, if my loan is assigned to the Secretary for collection, shall disclose to credit bureau organizations that 1 have defaulted and all other relevant loan information. 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 - I wi!l 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 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 Borrower's Signature '; Date: VERIFICATION I, SALLY HECKENDORN, 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 J , R 1 By: Sally Hecken`dorn, Bursar IFILES( lients',76 io Dickinson CollegeA7619. CollectionsV7619.C CurrentA400 KupinA76190400. cum F'.\FILES\Clients\7619 Dickinson College\7619.Collections\7619C.Curtent\400 Kupin\7619C.400.as Christopher E. Rice, Esquire Attorney 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 2u,2 1T,1 -5 AM II' 1S +' E NTI ? `-VAN I It DICKINSON COLLEGE, Plaintiff V. TERESA ANN MARIE KUPIN a/k/a TERRY ANN M. KUPIN, a/k/a TERRY ANN KUPIN, Defendant : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2012 - 3186 : CIVIL ACTION - LAW AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA ) . SS. COUNTY OF CUMBERLAND I hereby certify that a copy of the Complaint in the above captioned matter was mailed to Teresa Ann Marie Kupin, 3824 26th Avenue South, Minneapolis, MN 55406-3014, by certified mail, restricted delivery, return receipt requested. Attached is the Post Office return receipt signed by Teresa Kupin, and dated, with attached receipt of costs in the amount of $11.55. MARTSON LAW OFFICES By 0"e '/ 5- Christopher E. Rice, Esquire Attorney I.D. No. 90916 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Sworn to and subs bed before me this day of June, 2012. 0 ( ?e No a ublic COMMON :SSIW, H OF PENNSYLVANIA 13 tartal Seel Public Maprice, Coulry .18, 2015 MY C011no OF NOTARIES MEMBER, IA THIS IS A D EBT COLLECTING FIRM ATTEMPTING TO COLLECT A DEBT FOR DICKINSON COLLEGE. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. J? ¦ Corfiplets iterrra 1, 2, and 3. AIw itefn 4 If Restricted DeNvery Is ¦ Print your name and address on erse so that wQ can return the card n ¦ Attach this dard to the back of ailp or on the front If space permits. 1. Article Addressed to: c? av"? ?? ?? Sao! / `3a A. S" ? Agent ece ved by (Printed Name) C. Date of Delivery Ilk b del wy aftm dlttirrrtt ft m bm 1? Ybs N YES, entw dd wy addrias blow: 0 No KUPIN' TEA]Eb;A PO BOX 170J:6 MxNNEAPOL IE MN 5 S 41'x° 8. lypa Mdl D 6apiwii d fi @11 1! D Rrlrwr 11 Eirlpt for Msichandise © Waim d M-11 0 CAA 4. Rnbftd Odkwpl Alts 2. Article Number 7011 2000 0001 2523 1067 (iiar?eetr fivm wurlc.labeg , Ps Form 3811, February 2004 Domestic Return Receipt 10259!5-d2t-M-1540 N .. ?. . . . o MOMMUTWAIMI RIM IN L M ru Postage .......... ' n j Certified Fee osttn rk ) p p Return Receipt Fee (Endorsement Required) {{_ .k g ?;f- ?H@ I M Restricted Delivery Fee (Endorsement Required) j ! C3 p p Total Postage & Fees ? ru ' Bt-No o Of PO BOX ? ...... ............. -c?1JG..... ...... . fff... xa.rc . ............... : / Christopher E. Rice, Esquire Attorney 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 P Plaintiff CUMBERLAND COUNTY, PENS V. NO. 2012 - 3186 TERESA ANN MARIE KUPIN a/k/a CIVIL ACTION - LAW TERRY ANN M. KUPIN, a/k/a TERRY ANN KUPIN, Defendant TO: TERESSA ANN MANE KUPIN a/k/a TERRY ANN M. KUPIN a/k/a 'T'ERRY ANN KUPIN: ' OF VAN NOTICE OF FWRY OF ADULT djM O, I, ?+{ T You are hereby notified that on the day of UL , 2012, the followi Judgment was entered against you in the above-captioned action: judgment in the amount $9,210.17, plus interest accruing at the rate of 5% per annum, collection and attorney's fees in 1 amount of $500.00, and costs of suit, for Date: Z?os_/4940/? I hereby certify that the name and address of the proper person to receive this notice Pa. R. Civ. P. 236 is: Teresa Ann Marie Kupin a/k/a Terry Ann M. Kupin a/k/a Terry Ann Kepin 3824 26* Avenue South Minneapolis, AST 55406-3014 FARLES\Clients\7619 Dickinson Coilege\7619.Collections\7619C.(Lrcent\76190.400 Kupin\7619C.400.pra.dd Wt Christopher E. Rice, Esquire Attorney 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 Vim DICKINSON COLLEGE, IN THE COURT OF COMMON LEAS OF Plaintiff CUMBERLAND COUNTY, PE 'LVAN ,., c V. NO. 2012 - 3186 te era r - TERESA ANN MARIE KUPIN a/k/a CIVIL ACTION - LAW cnn ? ri ?1 a. TERRY ANN M. KUPIN, a/k/a =-r, C-) TERRY ANN KUPIN, c> , Defendant t 1 PRAECIPE --? crt TO THE PROTHONOTARY: Please enter default judgment in the above-captioned action in favor of Plaintiff and agai nst Defendant Teresa Ann Marie Kupin a/k/a Terry Ann M. Kupin a/k/a Terry Ann Kupio in the amo t of $9,210.17, plus interest accruing at the rate of 5% per annum, collection and attorney's fees in ffie amount of $500.00, and costs of suit, for failure to file an Answer to Plaintiffs Complaint. I do hereby certify that written notice of intention to file this Praecipe was m' ailed to Ter esa Ann Marie Kupin a/k/a Terry Ann M. Kupin, a/k/a Terry Ann Kupin on July 3, 201 which dat e is subsequent to the date default occurred and at least ten (10) days prior to the date of this Praeci . MARTSON LAW OFFICES By/?4 Christopher E. Rice, Esquire I.D. Number 90916 R. Christopher VanLandingham, Esquire I.D. No. 307424 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: Attorneys for Plaintiff C ?' errs F PILES\C1lents\7619 Dickinson College\7619.CollectionsV619C.Current\7619C.400 Kupin\7619C.400,10daynotice Christopher E. Rice, Esquire Attorney 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. TERESA ANN MARIE KUPIN a/k/a TERRY ANN M. KUPIN, a/k/a TERRY ANN KUPIN, Defendant IN THE COURT OF COMMON CUMBERLAND COUNTY, PE : NO. 2012 - 3186 : CIVIL ACTION - LAW V IMPORTANT NOTICE TO: Teresa Ann Marie Kupin a/ka DATE OF NOTICE; July 3, 2 Terry Ann M. Kupin a/k/a Terry Ann Knpin 3824 26" Avenue South, Minneapolis, MN 55406-3014 YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A A APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLI ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JU MENT I ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPS OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NC A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. HIS OFFI PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE Y BE A PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL S1 TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Lawyer Referral Service Cumberland County Bar Association 32 South Belford Street Carlisle, PA 17013 Telephone:(717) 249-3166 MARTSON LAW OFFICES By: YOU Y BE Y OR AVE CAN TO Christopher E. Rice, Esquire THIS IS A DEBT COLLECTING FIRM ATTEMPTING TO COLLECT ?DFBT FO DICKINSON COLLEGE. ANY INFORMATION OBTAINED WILL BE U FOR T PURPOSE. Christopher E. Rice, Esquire Attorney 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 LEAS OF Plaintiff CUMBERLAND COUNTY, PE SYLVAT V. NO. 2012 - 3186 TERESA ANN MARIE KUPIN a/k/a CIVIL ACTION - LAW TERRY ANN M. KUPIN, a/k/a n TERRY ANN KUPIN, c Defendant ?q r- r AFFIDAVIT AS TO MIL ARY SFAMCE crit s COMMONWEALTH OF PENNSYLVANIA ) CD :SS. `,"•?" COUNTY OF CUMBERLAND ) --4 ° Christopher E. Rice, Esquire, being duly sworn according to law, deposes and says tha has authority to make this affidavit on behalf of his client, and to the best of his knowlec information and belief, Defendant Teresa Ann Marie Kupin a/k/a Terry Ann M. Kupin a/k/a Ti Ann Kupin„ above named is not in the military service of the United States of America, that he knowledge that the said Defendant's last known address is: 3824 26" Avenue South Minneapc MN 55406-3014. Said Defendant's place of employment is unknown. Christopher E. Rice, Esquire Sworn to and subscribed before me this y of July, 2012. , LZ" N blic Marrw1!I. 90 WY 14. POW% *Wrpw* ?w he Department of Defense Manpower Data Center Resuhsas of: $No Report hilrot"to x7 - Civil 3eJiG1 Last Name: KUPIN First Name: TERESA Active Duty Status As Of: Jut-23-2012 D1211:47:18 SCRA 2.2.2 Ac&m Duty sat Dais ' Acdrs Duq End Dab BIMRw t On Add v O* DnAaWaA!XW srar q4t. NA NA No NA This terpwm roesop In lraAvK Wanew Ault' d0m based an the AcOw Duly Slabs Dab ts1 AdM> rYa?tln 9e7 DO" 4f AOIVs &AOW t Dale A "Duty 3W omb AotM OW tnd OrAb 8rrr eln+.. CO "WOW NA NA No NA This rMpdW taeeGe where iM 4alhAdtal IaR actlw duly strM vrigtin 9e7 days precadrt? the AdWe Duly status Dais The Alembw or MW W Lk* Was NoW d of a Fuhn COWAV b Aaft Duty an Ache tndy 0" 040 OrOwft t sbm Start Data O"W NoOkaft End Dahl stake scales Component NA NA No NA This rasponsee mfleft whWw the Wh4dual or his/her unk has mcsWed eery wdlm lion b report for etxp/a duly Upon searching the data banks of the Department of Defense Manpower Data Center, based on the Information that you provided, the above is the status of the individual on the active duty status date as to all branches of the Uniformed Services (Army, Navy, Marine Caps, Air Force, NOAH, Public Heal 1h, and Coast Guard). This status includes information on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty. Mary M. Snavely-Dixon, Director Department of Defense - Manpower Data Center 4800 Mark Center Drive, Suite 04E25 Arlington, VA 22350 The Defense Manpower Data Center (DMDC) is an organization of the Department of Defense (DoD) that maintains the Defense Enrollment and Reporting System (DEERS) database which Is the official source of date on eligibility for military medical care and other eligibility systems. The DoD strongly supports the enforcement of the Servicemembers Civil Relief Acct (50 USC App. § 501 at seq, as amended) (SCRA) (famrerty kn n as the Soldiers' and Sailors` Civil Relef Act of 1940). DMDC has issued hundreds of thousands of "does not possess any Information indicating that t is individual i$ currently on active duty" responses, and has experienced only a wnafi error rate. In the event the individual refers" above, or any mily member, friend, or representative asserts in any manner that the individual was on active duty for the active duty status date, or is otherwise entity to the protections of the SCRA, you are strongly encouraged to obtain further verification of the person's statue by contacting that per$*& service via the "defenseiink.mil" URL: httpJhvww.defenselink.miVfaq/pW/PCOO&DR.hVN. If you have evidence the person was on active duty forthe active duty tatus date and you fail to obtain this additional Service verification, punitive provisions of the SCRA may be invoked against you. See USC App. § 54(c). This response reflects the following information: (1) The individuars Active Duty status on the Active Duty Status Date (2) " r the Individual I It Active Duty staff within 357 days preceding the Active Duty Status Date (3) Whether the individual or histher unit received early tion to report for active duty on the Active Duty Status Date. More information on "Active Duty Status" Active duty status as reported In this certificate is defined In accordance with 10 USC § 101(d) (1). Prior to 2010 only some of tht active duty perlo s less than 30 consecutive days in length were available. In the case of a member of the National Guard, this includes service under a all to active servi authorized by the President or the Secretary of Defense under 32 USC § 502(f) for purposes of responding to a national emerger ;y declared by President and supported by Federal funds. All Active Guard Reserve (AGR) members must be assigned against an suffwrfted ization in the unit they support. This includes Navy Training and Administration of the Reserves (TARs), Marine Corps Active Reserve (AR*) v id Coast Guard eserve Program Administrator (RPAs). Active Duty status also applies to a UnMomned Service member who is an active duty commissioned officer of the J.S. Public Health Service or the National Oceanic and Atmospheric Administration (NOAH Commissioned Corps). Coverage Under the SCRA IS Broader in Some Cases Coverage under the SCRA is broader in some cases and includes some categories of persons on active duty for purposes of the SCRA who would not be reported as on Acute Duty under this certificate. SCRA protections are for Title 10 and Tide 14 active duty records for all the Uniformed Services rinds. Title 32 periods of Active Duty are not covered by SCRA, as defined in accordance with 10 USC § 101(dx1). Many times orders are amended to extend the period of active duty, which would extend SCRA protections. Persons seeking to ly on this webs* certification should check to make sure the orders on which SCRA protections are based have not been amended to extend time it calve dates of s ervice. Furthermore, some protections of the SCRA may extend to persons who have received orders to report for active dirty or to be i , but who ve not actually begun active duty or actually reported for induction. The Last Date on Active Duty entry is important because a number protections of It a SCRA extend beyond the last dates of active duty. Those who could rely on this certificate are urged to seek qualified legal counsel to ensure that all rights guaranteed to Service members under IN are protected WARNING: This certificate was provided based on a last name, SSN, and active duty status date provided by the requester. Prong erroneous information will cause an erroneous certificate to be provided. Report ID: BR2HIMVKLL FAMES\Clients\7619 Diddnwn Collage\7619.CdIa6onaV619C.Current\7619C.400 Kupin\7619C.400.pn.de&Wr Christopher E. Rice, Esquire Attorney 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. TERESA ANN MARIE KUPIN a/k/a TERRY ANN M. KUPIN, a/k/a TERRY ANN KUPIN, Defendant COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF CUMBERLAND IN THE COURT OF COMIU CUMBERLAND COUNTY, NO. 2012 - 3186 CIVIL ACTION - LAW SS > OF VAN Christopher E. Rice, Esquire, being duly sworn according to law, deposes and says tha is an employee of MARTSON DEARDORFF WILLIAMS OTTO GILROY & FAL?.ER, attorn for the Plaintiff in the above captioned matter and that pursuant to the provisions ofthe Pennsylvf Rules of Civil Procedure, a notice of intention to enter default judgment against De?endant Tei Ann Marie Kupin a/k/a Terry Ann M. Kupin a/k/a Terry Ann Kupin, was given to her by mail July 3, 2012. Christopher E. Rice, Esquire Sworn to and subsc 'bed before me thi day of July, 2012. No blic he CERTIFICATE OF U&MCE I, Mary M. Price, an authorized agent of MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER, hereby certify that a copy of the foregoing Praecipe was served this s date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as ft Teresa Ann Marie Kupin a/k/a Terry Ann M. Kupin a/k/a Terry Ann Kupin 3824 26' Avenue South Minneapolis, MN 55406-3014 MARTSON LAW OFFICES By II ( O Pace 10 EaWHigh Street Carlisle, PA 17013 Dated: ? Z,S This is a debt collecting firm for Dickinson Collate attemptiat to collect a debt. Ani obtained will be used for that purpose.