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HomeMy WebLinkAbout12-5903F-\FILES~,Clients`.7619 Dickinson College\7619.Collections\7619C.Current\76t9C.0.06 Urena\7619C.406.com ~~ ~~ - (- _. Christopher E. Rice, Esquire ~~; :~ •`~`i '`~' ~~- ~ LL .. - Attorney I.D. No. 90916 .~, ~~ v N ~~~~jc. MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER •-~'~~ ~ -- MARTSON LAW OFFICES ~ -,9. ~~ ~-~ Ten East High Street ~_~-: _ ~ _~ Carlisle, PA 17013 =~' ~. _. e.:.~) _. (717) 243-3341 . ~~ Attorneys for Plaintiff DICKINSON COLLEGE, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2012 - 5Q03 LEONARDO URENA, CIVIL ACTION -LAW 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 judgment may be entered against you by the court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiffs. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCE FEE OR NO FEE: Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 .~4 X03.75 Aq AT"/ C~ a~ r~8 2,# a8/ a38 F. `,FILES\ClientsV619 Dickinson College\7619.Collections\7619CCurrent\7619C.406 Urena\7619C.406.com 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 - LEONARDO URENA, CIVIL ACTION -LAW Defendant COMPLAINT AND NOW, comes Plaintiff Dickinson College by and through its attorneys, MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER, and hereby avers as follows: 1. Plaintiff, Dickinson College, is a Pennsylvania educational institution and nonprofit corporation with its principal place of business at West Street, Post Office Box 1773, Carlisle, Cumberland County, Pennsylvania 17013. 2. Defendant, Leonardo Urena, is an adult individual with a last known address of 1816 Crotona Park E, Apt. 2A, Bronx, New York, 10460-4873. 3. On or about October 24, 2005, Defendant entered into a Promissory Note (Note) with Plaintiff for the financing of a loan, plus interest and costs, for educational services and benefits at Plaintiff's institution. A copy of the Note is attached hereto as Exhibit "A." 4. The Note is a fund created under Part E of Title IV of the Higher Education Act of 1965 as amended (hereinafter the "Act") and is subj ect to the Act and the Federal Regulations issued under the Act. 5. As provided in the Act, Plaintiff acts in a fiduciary capacity in the handling, disbursing and collecting of funds associated with the programs under the Act. 6. The principal amounts for the Note was $3,800.00. 7. The Note grants Plaintiff reasonable collection and attorneys' fees which Plaintiff has calculated to be $750.00. 8. As of May 10, 2012, the principal and interest due and payable by Defendant to Plaintiff was $4,149.70, with interest accruing at 5% per annum. 9. Plaintiff has fulfilled, performed and complied with all obligations and conditions of the Note. COUNTI BREACH OF CONTRACT 10. Plaintiff hereby incorporates by reference the averments contained in Paragraphs 1 through 9 of this Complaint. 11. Defendant breached the expressed and implied obligations, conditions and terms of agreement of the Note by failing to pay the amount financed therein. WHEREFORE, Plaintiff demands judgment against Defendant in the amount of $4,149.70, plus interest accruing at 5% per annum thereafter, collection and attorneys' fees in the amount of $750.00 and costs of suit. COUNT II IN QUANTUM MERUIT 12. Plaintiff hereby incorporates by reference the averments contained in Paragraphs 1 through 11 of this Complaint. 13. Having requested Plaintiff to loan money, and doing so to the benefit of Defendant, Defendant became liable to Plaintiff for said money. 14. 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 $4,149.70, plus interest accruing at 5% per annum thereafter, collection and attorneys' fees in the amount of $750.00 and costs of suit. MARTSON LAW OFFICES Christopher E. Rice, Esquire LD. 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" FEDERAL PERKINS LOAN MASTER PROMISSORY NOTE OMB No. 1845-0074 Form Ap roved Expiration Date 06!3012006 1. Name (last, first, middle initial) and G~SJ / Permanent Address (street, city, state, zip co e V~, c~ ~~~ ! ~-.~,o r.o,~cl o 1~1t,, r.,5o~cer, ~t.c~L r~~ ~~~-~... a~ ~t'j~o N•~ I N ~ I 0 ~ (~O 6. School Name & Address (street, city, state, zip code) Dickinson College 2. Social Security Number 3. Date of Birth (mrn/dd/yyyy) 4. Home Area Code/Telephone Number 5. Driver's License Number (List state abbreviation fast) 7. Annual Interest Rate 5% PO Box 1773 Carlisle PA 17013-2896 [Any bracketed clause or paragraph maybe included at option of institution] Terms and Conditions: (Note: Additional Terms and Conditions follow on subsequent pages) APPLICABLE LAW -The terms of this Federal Perkins Loan Master Promissory Note (hereinafter called the 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 Act), as well as Federal regulations issued under the Act. All sums 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 my loan(s) to the above-named institution (hereinafter called the School) over a period beginning 9 months (or sooner if I am a Less-Than-Half-Tithe Borrower) after the date I cease to be at least a half-time student at an institution of higher education a' a comparable School outside the United States approved by the United States Department of Education (hereinafter called the Departrrxnt) 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 at least one national credit bureau. Interest on this loan shall accrue from the beginning of the repayment period. My repayment period rosy be shorter than [ 0 years if I am required by my School to make minirrwm monthly payments. My repayment period rosy be extended during periods of deferment, hardship, or forbearance and I rosy make graduated installments in accordance with a schedule approved by the Department. [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 1 have outstanding Federal Perkins Loans made before October 1,1992 that included the $30 minimum payment option or outstanding National Direct Student Loans) 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 may 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 request for any of the forbearanoe, deferment, or cancellation benefits as described below. No late charges may exceed 20 percent of my monthly, bimonthly, or quarterly payment. The School may add the late charges to principal the day after the scheduled payment was due or include it with the next scheduled payment after I have received notice of the charge, and such notice is sent before the next installment is due. FORBEARANCE, DEFERMENT, OR CANCELLATION - I may apply for a forbearance, deferment, or cancellation on my loan: During an approved forbearance period, payments of principal and interest, or principal only, may be postponed or reduced. Interest continues to accrue while my loan is in forbearance. During an approved deferment period, I am not required to make scheduled installment payments on my loan. I am not liable for any interest that might otherwise accrue while my loan is in deferment. If I meet the eligibility requirements for a cancellation of my loan, the institution may cancel up to 100 percent of the outstanding principal loan amount. Information on eligibility and application requirements for forbearances, deferments, and cancellations is provided on pages 2 and 3 of this Note. 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 -The School may, at its option, declare my loan to be in default if (l) I fail to make a scheduled payment when due; (2) I fail to submit to the School, on or before the due date of a scheduled payment, documentation that 1 qualify for a forbearance, deferment, or cancellation; or (3) I fail to comply with the terns and conditions of this Note or written repayment agreement The School may assign a defaulted loan to the Department far collection. 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 Department to repay my loan. The School or the Department shall disclose to credit bureau organizations that I have defaulted and all other relevant loan information, I will lose my right to defer payments and my tight to forbearance if I default on my load. The School or the Department may accelerate my defaulted loan. Acceleration means that the School or the Department demands immediate payment of the entire unpaid balance of the loan, including principal, interest, late charges, and collection costs. 1 will lose my right to receive cancellation benefits for service that is performed after the date the School or the Department accelerated the loan. CHANGE OF STATUS - I will inform the School of any change in my name, address, telephone number, Social Security Number, or driver's license number. PROMISE TO PAY: I promise to pay the School, or a subsequent holder of the Note, all sums disbursed under the temrs of this Note, plus interest and other fees which may become due as provided in this Note. I understand that multiple loans may be made to me under thla Note. l understand that by accepting any disbursements issued at any time under this Note, I agree to repay the loans. I understand that each loan is separately enforceable based on a true and exact copy of this Note. I understand that i may cancel or reduce the amount of any loan by not accepting or by returning all or a portion of any disbursement that is issued. If I do not make any payment on any loan under this Note when it is due, 1 promise to pay all reasonable collection costs, including attorney fees, court costs, and other fees. I will not sign this Note before reading the entire Note, even if I am told that I am not required to read it. I am entitled to an exact copy of this Note. 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 Note. 1 UNDERST THAT I MAY RECEIVE ONE OR MORE LOANS UNDER THIS MASTER PROMISSORY NOTE AND THAT I MUST REPAY SUCH LOANS. 10 2~~ BorTOwer's Signature Date Page t of 4 /~ oc) Terms and Conditions (cont.) D ISCLOSURE OF LOAN TEILMS - I understand that under this Note, the principal amount that I owe, and am required [o repay, will be the sum of all disbursements issued unless 1 reduce or cancel any disbursements. The School will determine whether to make any loan under this Note after my loan eligibility is determined. At orbefore the time of first disbursement for each loan, a disclosure statement will be provided to me identifying the amount of the loan and any additional terms of the loan. l may decline a loan or request a lower amount by contacting the School. Any disclosure statement 1 receive in connection with any loan under this Note is hereby incorporated into this Note. LOAN REHABILITATION - If I default on my Federal Perkins Loan, and that loan has not been reduced to a judgment as a result of litigation against me, I may rehabilitate my defaulted loan byrequesting the rehabilitation and by making a voluntary, on-time, monthly payment, as determined by the School, each month for twelve consecutive months. If I successfully rehabilitate my defaulted Federal Perkins I-oan, I will again be subject to the terms and conditions and qualify for any remaining benefits and privileges of this Note and the default will be removed from my credit history. I understand that I may rehabilitate a defaulted Federal Perkins Loan only once. After my loan is rehabilitated, collection costs on the loan may not exceed 24 percent of the unpaid principal and accrued interest as of the date following the application of the twelfth consecutive payment. If 1 default on rrry rehabilitated loan, the cap on collection costs is removed. ASSIGNMENT - A loan made under this Note may be assigned by the School only to the United States, as represented by tht United States Department of Education. Upon assignment, the provisions of this Note that relate to the School will, where appropriate, relate to the Department. HARDSHIP REPAYMENT OPTIONS -Upon my written request, the School may extend my repayment period (1) for up to an additional 10 years if I qualify as slow-income individual during the repayment period; or (2) for the period necessary beyond my 10 year repayment period if, in die School's opinion, prolonged illness or unemployment prevent me from making the scheduled repayments. Interest will continue to accrue during any extension of a repayment period. [f I am required by the School to make a minimum monthly payment on my loan, the School may also permit me to pay less than the minimum monthly payment amount for a period of not more than one year at a time if I experience a period ofprolonged illness or unemployment. However, such action may not extend the repayment period beyond 10 years. GRACE PERIODS - Unless I am a Less-Than-Half-Time Borrower, I will receive an initial nine-month grace period before the first payment of my Federal Perkins Loan must be made. After the close of an authorized deferment period, I will receive apost-deferment grace period of 6 months before my payments resume. Interest does not accrue during the initial grace period or during the post-deferment gracx period. The nine-month initial grace period for Federal Perkins Loans does not include any period up to three years during which I am called or ordered to active duty for more than 30 days from a reserve component of the Armed Forges of the United States, including rho period necessary forme to resume enrollment at the next availabie enrollment period. I must notify the school that made my loan of the beginning and ending dates of my service, and the date I resume enrollment. If I am in my initial grace period when ca0ed or ordered to active duty, I am entitled to a new nine-month initial grace period upon completion of the excluded period. If t am aLess-Than-Half-Time Borrower with outstanding Federal Perkins Loans, my repayment period begins when the next scheduled installment of my outstanding loan is due. ]f I am a Less-Than-Half-Time Borrower with no other outstanding Federal Perkins Loans, my repayment begins the earlier of: 9 months from the date my loan was made, or 9 months from the date !became aless-than-half-time student, even if I received the loan after 1 became aless-than-half-time student. PREPAYhIENT - I may prepay all or any part of my unpaid loan balance, plus any accnred interest, at any time without penalty. Amounts 1 repay in the academic year in which the loan was made and before the initial grace period has ended will be used to reduce the amount of the ]oarr and wi]1moY be considered a prepayment. [f I repay amounts during the academic year in which the loan was made and the initial grace period has ended, only those amounts in excess of the amount due for any repayment period shall be considered a prepayment. If, in an academic year other than the academic year in which the loan was made, I repay more than the amount due for an installment, the excess funds will be used to repay principal unless I designate it as an advance payment of the next regular installment. MINIMUM MONTHLY PAYMENT - If required by the School, [will make a minimum monthly payment in the amount of S40 (or $30 if I have outstanding Federal Perkins Loans made before October 1, 1992 that included the $30 minimum payment option or outstanding National Direct Student Loans) or its bimonthly or quarterly equivalent. If the total monthly payment amount on this loan and any outstanding Federal Perkins Loans I may have is less than the minimum monthly payment amount established by the School, the School may still require a minimum monthly payment amount A minimum monthly payment amount will combine my obligation on this and all my outstanding Federal Perkins Loans, unless I have received loans with different grace periods and deferments. At my request and if 1 am eligible, the school may combine this minimum monthly payment amount with all my outstanding Federal Perkins Loans including those made at other schools. Under these circumstances the portions of the minimum monthly payment that will be applied to this loan will be the difference between the minimum monthly payment amount and the total amounts owed on a monthly basis on my other Federal Perkins Loans. If each school holding my outstanding Federal Perkins Loans exercises the minimum rrtortthly payment amount option, the minimum monthly payment amount will be divided among the Schools in proportion to the loan amount advanced by each school if I request this treatment from each School. FORBEARANCE -Upon making a properly documented written request to the School, I am entitled to forbearance of principal and interest or principal only, renewable at intervals of up to 12 months for periods that collectively do not exceed three years, under the following conditions: If my monthly Title N loan debt burden equals or exceeds 20 percent of my total monthly gross income; if the Department authorizes a period of forbearance due to a national military mobilization or other national emergency; or if rho School determind that I qualify due to poor health or for other reasons, including service in AmeriCorps. Interest accrues during any period of forbearance. DEFERMENTS - To apply for a deferment, I must request the deferment from the school. My request does not have to be in writing, but the School may require that 1 submit supporting documentation to prove my eligibility for a deferment. I may defer making scheduled installment payments and will not be liable for any interest that might otherwise accrue (1) during any period that I am enrolled and attending as a regulaz student in at least a half- time course of study at an eligible School (If the School obtains student enrollment infomradon showing that I qualify for this deferment, the School may grant the deferment without my request providing the School notifies me and gives me the option to cancel the deferment); {2) during any period that I am enrolled and attending as a regular student in a graduate fellowship program approved by the Department; engaged in graduate orpost-graduate fellowship-supported study outside the US; enrolled and attending a rehabilitation training program for disabled individuals approved by the Departmatt; or engaged in public service that qualifies me to have part or all of my loan canceled; (3) for a period not to exceed three years during which I am seeking but unabie to find full-time employment; and (4) for a period not to exceed three years, for up to one year at a time, during which I am experiencing an economic hardship as determined by the School. I may qualify for an economic hardship deferment for my Federal Perkins Loan if 1 provide my school with documentation showing that I have been granted such a deferment under the William D. Ford Federal Direct Loan or Federal Family Education Loan program for the period of time for which I am requesting an economic hardship deferment for my Federal Perkins Loan. If ] am serving as a volunteer in rho Peace Corps, l am eligible for an economic hardship defhrment for my full term of service. An economic hardship deferment based on service as a Peace Corps volunteer may not exceed the lesser of three years a my remaining period of economic hardship eligibility. I may continue to defer making scheduled installment payments and will not be liable for any interest that might otherwise accrue for asix-month period immediately following the expiration of any deferment period described in this section. I am not eligible for a deferment while serving in a medical internship or residency program. Page 2 of 4 Terms and Conditions (cont.) CANCELLATIONS -Upon making a properly documented written rcquest to the School, I am entitled to have up to 100 percent of the original principal loan amount of this loan canceled if I perform qualifying service in 'he areas listed in paragraphs A, B, C, D, and E below. Qualifying service must be perfomred after the enrollment period covered by the loan. A. Teaching • a full-time teacher in a public or other nonprofit elementary or secondary school, designated by the Department 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 Deparhnent • a full-time special educarion teacher in a public or nonprofit elementary or secondazy school system; or • a full-time teacher, in a public or other nonprofit elementary or secondary school system, who teaches mathematics, science, foreign languages, bilingual education, or any other Held of expertise that is determined by the State Department of Education to have a shortage of qualified teachers in that State. B. Early Intervention Services • a full-time qualified professional provider of early intervention services in a public or other nonprofit program under public supervision by a lead agency as authorized by section 632(5) of the Individuals with Disabilities Education AcL Early intervention services are provided to infants and toddlers with disabilities. C. Law Enforcement or Corrections Ofticer • a full-time law enforcement officer for an eligible local, State, or Federal law enforcement agency; or • a full-time corrections officer for an eligible local, State, or Federal corrections agency. D. Nurse or Medical Technician • a full-time nurse providing health care services; or • a full-time medical technician providing health care services. E. Child or Family Service Agency • a full-time employee of an eligible public or private non-profit child or family service agency who is directly providing or supervising the provision of services to high-risk children who arro from low-income communities and the families of such children. Cancellation Rates -For each completed year of service under paragraphs A, B, C, D, and E a pofion of this loan will be canceled at the following rates: • 15 percent of the original principal loan amount for each of the first and second years; • 20 percent of the original principal loan amount for each of the third year and fourth years; and • 30 percent of the original principal loan amount for the fifth yeaz. F. Head Start Cancellation - Upon rr~king a properly documented written request to the school, I am entitled to have up to 100 percent of the original principal loan amount canceled for qualifying service performed after the enrollment period covered by the loan as: • a full-time staff member in the educational component of a Head Start program which is operated for a period comparable to a full School year and which pays a salary comparable to an employee of a local educational agency. Cancellation Rate -For each completed year of service under the Head Start Cancellation provision, this loan will be canceled at the rate of 15 percent of the original principal loan amount. G. Militnry Cancellation -Upon making a properly documented written request to the School, i am entitled to have up to 50 percent of the principal amount of this loan canceled for qualifying service perforated after the enrollment period covered by the loan as: • a member of the Armed Forces of the United States in an area of hostilities that qualifies for special pay under section 310 of Title 37 of the United States Code. Cancellation Rate - For each completed year of service under the Military Cancellation provision, this loan will be canceled at therate of L2'/~ percent of the original principal loan amount H. Volunteer Service Cancellation -Upon making a properly documented written request to the School, I am entitled to have up to 70 percent of the original principal loan amount of this loan canceled for qualifying service performed after the enrollment period covered by the loan as: • a volunteer under the Peace Corps Act; • a volunteer under the Domestic Volunteer Service Act of 1973 (ACTION programs). Cancellation Rate -For each complcted yeaz of service under the Volunteer Service Cancellation provision, a portion of this loan will be canceled at the following rates: • 15 percent of the original principal loan amount for each of the first and second 12-month periods of service; and • 20 percent of the original principal loan amount for each of the third and fourth 12-month periods of service. DISCHARGES - My obligation to repay this loan may be partially or totally discharged for the reasons specified in paragraphs A, B, C, and D below. A. Death - In the event of my death, the School will discharge the total amount owed on this loan. B. Total and Permanent Disability - If I become totally and pemtanently disabled after I receive this loan, the School will discharge the total amount owed on this loan. If my disability discharge claim is approved by the School, this loan will be assigned to the United States Department of Education, which will discharge the total amount owed on this loan if iY determines that I am eligible for a total and permanent disability discharge. C. School Closure -Under certain conditions, my total liability will be discharged, including refunding any amounts I have already paid on the loan, if I was unable to complete the program in which I was enrolled because my School closed. D. Bankruptcy - Undcr certain conditions, my loan may be discharged in bankruptcy. In order to discharge a loan in bankruptcy, f must prove undue hardship in an adversary proceeding before the bankruptcy court. Disclosure of Information STUDENT LOAN OMBUDSMAN - If I dispute the terms of my Federal Perkins Loan in writing to my School, and my School and I are unable to resolve the dispute, I may seek the assistance of the Department of Education's Student Loan Ombudsman. The Student Loan Ombudsman will review and attempt to informally resolve the dispute. Notice AbouYSubsequent Loans Made Under This Masfer;Promi;sory. Note. This Note authorizes the School to disburse multiple loans during the. multi-year term of this Note upon my request and upon the° School's determination of my loan eligibility. Subsequent loans maybe rnade under this Note for the same or subsequent periods of enrollment at this School. The School; however, may, at its discretion, close this Note at any time and require me to sign a new Note for additional disbursements. i ' understand that if my School chooses to make subsequent loans under this Note; no such loans will be made after the earliest of the following dates: (f) the date the School receives my written notice that no tttrther loans may be disbursed under` this Note; (ii) twelve months after the date of my signature on this Note if no. disbursement is made during such twelve-month period; or (iii) ten years after the date of my signature on this Note, or the datcthe Schoolreceivea this Note. Any amendment to rho Actgoverns the terms of any loans disbursed on or after the effective date of such arendment, and such Page 3 of 4 Important Notices Privacy Act Notice The Privacy Act of 1974 (5 U.S.C. 552a) requires that the following notice be provided to you: Tic authority for collecting the requested information from and about you is §461 et sea. of the Higher Education Act of 1965, as amended (20 U.S.C. 1087 as s~J and the authority for collecting and using your Social Security Number (SSN) is §484(aK4) of the HEA (20 U.S.C. 1091(a)(4)). Participating in the Federa] Perkins Loan (Perkins} Program and giving us your SSN are voluntary, but you must provide the requested information, including your SSN, to participate. The principal purposes for collecting the information on this farm, including your SSN, are to verify your identity, to determine your eligibility to receive a loan or a benefit on a loan (such as a deferment, forbearance, discharge, or cancellation) under the Perkins Program, to permit the servicing of your loan(s), and, if it becomes necessary, to locate you and to collect on your loan(s) if your loan(s) become delinquent or in default. We also use your SSN as an account identifter and to permit you to access your account information electronically. The information in your file maybe disclosed to third parties as authorized under routine uses in the appropriate systems of records. The routine uses of this infotmalion include its djsclosure to federal, state, or local agencies, ro other federal agencies under computer matching programs, to agencies that we authorize to assist us in administering our loan programs, to private parties such as relatives, present and former employers, business and personal associates, to credit bureau organizations, to educational institutions, and to contractors in order ro verify your identity, to determine your eligibility to receive a loan or a benefit on a loan, ro permit the servicing or collection of your loan(s), ro counsel you in repayment efforts, to enforce the terms of the loan(s), to investigate possible fraud and to verify compliance with federal student financial aid program regulations, to locate you if you become delinquent in your loan payments or if you defaulk to provide default rate calculations, to provide financial aid history information, to assist program administrators with tracking refunds and cancellations, or to provide a standardized. method for educational institutions effciently to submit student enrollment status. In the event of litigation, we may send records to the Department of Justice, a court, adjudicative body, counsel, parry, or witness if the disclosure is relevant and necessary to the litigation. If this information, either alone or with other information, indicates a potential violation of law, we may send it ro the appropriate authority far action. We may send information to members of Congress if you ask them to help you with federal student aid questions. In circumstances involving employment complaints, grievances, or disciplinary actions, we may disclose relevant records to adjudicate or investigate the issues. Cf provided for by a collective bargaining agreement, we may disclose records to a labor organization recognized under 5 U.S.C. Chapter 71. Disclosures may also be made to qualified researchers under Privacy Act safeguards. Financial Privacy Act Notice Under the Right to Financial Privacy Act of 1978 (12 U.S.C. 3401-3421), the U.S. Department of Education will have access to financial reeords in your student loan file maintained by the lender in compliance with the administration of the Federel Perkins Loan Program. Paperwork Reduction Notice According to the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it displays a currently valid OMB control cumber. I'he valid OM$ control number for this information collection is 1845-0074. The time required to complete this information is estimated to average 0.5 hours (30 minutes) per response, including the time to review instructions, search existing data resources, gather and maintain the data needed, and complete and review the information collection. If you have any comments concerning the accuracy of the time estimate(s) or suggestions for improving this form, please write to: U.S. Department of Education Washington, DC 20202-4651 If you have any comments or concerns regarding the status of your individual submission of this form, write directly to the lender. Page 4 of 4 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 ._.~,~.~ ILL-~~-~c~-~,,~.. Sally Heckendo Bursar Dated.: F. ,FILES`.C!ients~~7619 Dickinson College\7614Collec[ions\7619C.Current\7619C.406 Urena\7619C.406.com F.\FILES\Clients\7619 Dickinson College\7619.Collections\7619C.Current\7619C.406 Urena\76 19C.406.pra.default.wpd 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 - 5903 = -- ' -r l LIu r • --a r LEONARDO URENA, : CIVIL ACTION - LAW r.n r` - '?c Defendant r-- - PRAECIPE = TO THE PROTHONOTARY: Please enter default judgment in the above-captioned action in favor of Plaintiff and against Defendant Leonardo Urena in the amount of$4,149.70, plus interest accruing at 5% per annum thereafter,collection and attorneys' fees in the amount of$750.00 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 mailed to Leonardo Urena on May 16,2013,which date is subsequent to the date default occurred and at least ten (10) days prior to the date of this Praecipe. MARTSON LAW OFFICES By: /'"' X S• Christopher E. Rice, Esquire I.D. Number 90916 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: , /j Attorneys for Plaintiff 416. e# " '7 " /2,,,? 969e.e /Vo, e F\FILESIClients`7619 Dickinson College'.7619 Collections 7619C.Current',7619C.406 Urena'76I9C 406 l0daynotice.wpd 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 - 5903 LEONARDO URENA, : CIVIL ACTION - LAW Defendant IMPORTANT NOTICE TO: Leonardo Urena Date: May 16, 2013 1816 Crotona Park E,Apt. 2A,Bronx,NY 10460 YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITTEN WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. This is a debt collecting firm attempting to collect a debt for Dickinson College Any information obtained will be used for that purpose. Cumberland County Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 Telephone:(717) 249-3166 MARTSON LAW OFFICES By: -el' 5 GEC Christopher E. Rice, Esquire 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 - 5903 LEONARDO URENA, : CIVIL ACTION - LAW Defendant AFFIDAVIT AS TO MILITARY SERVICE COMMONWEALTH OF PENNSYLVANIA ) :SS. COUNTY OF CUMBERLAND ) Christopher E. Rice, Esquire, being duly sworn according to law, deposes and says that he has authority to make this affidavit on behalf of his client, and to the best of his knowledge, information and belief,Defendant Leonardo Urena,above named is not in the military service of the United States of America, that he has knowledge that the said Defendant's last known address is: 1816 Crotona Park E, Apt. 2A. Bronx, NY 10460. Said Defendant's place of employment is unknown. aseA 14' Christopher E. Rice, Esquire Sworn to and subscribed before me this ((, day of October, 2013. / COMMONWEALTH OF PENNSYLVANIA ��a i ti 4 Notarial Seal ,( Shelly Taylor, Notary Public Nota ubi Carlisle Born,Curnberiand County �j � toy Commission Expires Aug.5, 2017 I' MS ER, PEIINSYLVAI.:A ASy'ia.1 I Of NOP IES F.\FILES\Clients\7619 Dickinson College\7619.Collections\7619C.Current\7619C.406 Urena\7619C.406.pra.default.wpd 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 - 5903 LEONARDO URENA, : CIVIL ACTION - LAW Defendant COMMONWEALTH OF PENNSYLVANIA ) : SS COUNTY OF CUMBERLAND ) Christopher E. Rice, Esquire, being duly sworn according to law, deposes and says that he is an employee of MARTSON DEARDORFF WILLIAMS OTTO GILROY&FALLER,attorneys for the Plaintiff in the above captioned matter and that pursuant to the provisions of the Pennsylvania Rules of Civil Procedure,a notice of intention to enter default judgment against Defendant Leonardo Urena, was given to him by mail on May 16, 2013. Christopher E. Rice, Esquire Sworn to and su scribed before me this 14 day of October, 2013. COMMONWEALTH OF PENNSYLVANIA � e;; ' a Shelly TaylnNotr,:NoStaral y Public Carlisle Boro,Cumberland County I I,, ota J,, Y Commission Expires Aug.5,2017 PsuusytV..A.%:A 'SOrIATION Of NOTARIES it • CERTIFICATE OF SERVICE I, Ami J. Thumma, an authorized agent of MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER, hereby certify that a copy of the foregoing Praecipe was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Leonardo Urena 1816 Crotona Park E, Apt. 2S Bronx, NY 10460 MART ON LA i FICES By Ami J. sr a 10 East 'igh Street Carlisle, PA 17013 Dated:A) l&7 O E3 This is a debt collecting firm attempting to collect a debt for Dickinson College. Any information obtained will be used for that 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 PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 2012 - 5903 LEONARDO URENA, : CIVIL ACTION - LAW Defendant TO: LEONARDO URENA NOTICE OF ENTRY OF DEFAULT JUDGMENT You are hereby notified that on the to y day of October, 2013, the following Judgment was entered against you in the above-captioned action:judgment in the amount of$4,149.70, plus interest accruing at 5%per annum thereafter,collection and attorneys'fees in the amount of$750.00 and costs of suit for failure to file an Answer to Plaintif s m Date: /0 /d /0 Prothonotary I hereby certify that the name and address of the proper person to receive this notice under Pa. R. Civ. P. 236 is: Leonardo Urena 1816 Crotona Park E.,Apt.2A Bronx,NY 10460