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HomeMy WebLinkAbout04-5543 F:\FlLESIDA T AFlLElDickinsonCollege7619lCoUectionslCurrent\255-com wpdldrg Created: 4/28/031:54:03 PM Revised: 11/3/0410 19-15AM 7619c255 David R. Galloway, Esquire MARTSON DEARDORFF WILLIAMS & OTTO Ten East High Street Carlisle, P A 17013 (717) 243-3341 Attorneys for Plaintiff v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. O~- ~-'SLf3 ~ CIVIL ACTION-LAW DICKINSON COLLEGE, Plaintiff CHERYL J. HILLS and LAMAR D. HILLS-SMITH, Defendants JURY TRIAL OF TWELVE DEMANDED NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiffs. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCE FEE OR NO FEE: Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 F WILLIAMS & OTTO Dated: November 3, 2004 By _ David R. Galloway, 1. D. Number 87326 Ten East High Street Carlisle, P A 17013 (717) 243-3341 Attorneys for Plaintiff \ F:\FlLES\DA T AFlLE\DickinsonCollege7619ICollectionsICurrent\255-com wpd Created: 11/3/04 10'05AM Revised: 11/3/04 1O.05AM David R. Galloway, Esquire MARTSON DEARDORFF WILLIAMS & OTTO Ten East High Street Carlisle, P A 17013 (717) 243-3341 Attorneys for Plaintiff v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 0<1- SSC(3 C;;J -r~ CIVIL ACTION-LAW DICKINSON COLLEGE, Plaintiff CHERYL J. HILLS and LAMAR D. HILLS-SMITH, Defendants JURY TRIAL OF TWELVE DEMANDED COMPLAINT AND NOW, comes Plaintiff Dickinson College by and through its attorneys, MARTSON DEARDORFF WILLIAMS & OTTO, and hereby avers as follows: 1. Plaintiff Dickinson College is a Pennsylvania educational institution and nonprofit corporation with its principal place of business at West Street, Post Office Box 1773, Carlisle, Cumberland County, Pennsylvania 17013. 2. Defendant, Cheryl 1. Hills, (hereinafter "Parent") is an adult individual with a last known address of 1038 W. 7th Street, Apt. 14, Plainfield New Jersey 07063-1596. 3. Defendant, Lamar D. Hills-Smith (hereinafter "Student"), is an adult individual with a last known address of 1038 W. 7th Street, Apt. 14, Plainfield, New Jersey 07063-1596. 4. On or about August 5, 1996, Parent and Student entered into a Promissory Note (Note #1) with Plaintiff for the financing of$4,000.00 plus interest, for educational services and benefits to Student at Plaintiffs institution. A copy of Note #1 is attached hereto as Exhibit "A." 5. On or about November 15, 1996, Parent and Student entered into an additional Promissory Note (Note #2) with Plaintiff for the financing of $1 ,445 .00, plus interest and costs, for educational services and benefits to Student at Plaintiffs institution. A copy of Note #2 is attached hereto as Exhibit "B." 6. On or about April 23, 1998, Parent and Student entered into an additional Promissory Note (Note #3) with Plaintiff for the financing of$4,570.00, plus interest and costs, for educational services and benefits to Student at Plaintiffs institution. A copy of Note #3 is attached hereto as Exhibit "C." 7. On or about March 29, 2000, Parent and Student entered into an additional Promissory Note (Note #4) with Plaintiff for the financing of$I,950.00, plus interest and costs, for educational services and benefits to Student at Plaintiffs institution. A copy of Note #4 is attached hereto as Exhibit "D." 8. On or about March 29, 2000, Parent and Student entered into an additional Promissory Note (Note #5) with Plaintiff for the financing of$3,450.00, plus interests and costs, for educational services and benefits to Student at Plaintiffs institution. A copy of Note #5 is attached hereto as Exhibit "E." 9. On or about August 26, 1996, Student entered into an additional Promissory Note - Federal Perkins Loan (Note #6) with Plaintiff for the financing of$2,000.00, plus interest and costs, for educational services and benefits to Student at Plaintiffs institution. A copy of Note #6 is attached hereto as Exhibit "F." 10. On or about September 1, 1997, Student entered into additional Promissory Note - Federal Perkins Loan (Note #7) with Plaintiffforthe financing of$2,000.00, plus interest and costs, for educational services and benefits to Student at Plaintiffs institution. A copy of Note #7 is attached hereto as Exhibit "G." 11. On or about August 28, 1998, Student entered into additional Promissory Note - Federal Perkins Loan (Note #8) with Plaintiff for the financing of$1 ,000.00, plus interest and costs, for educational services and benefits to Student at Plaintiff s institution. A copy of Note #8 is attached hereto as Exhibit "H." 12. Note #6, Note #7 and Note #8 are funds created under Part E of Title N of the Higher Education Act of 1965 as amended (hereinafter the" Act") and are subj ect to the Act and the Federal Regulations issued under the Act. 13. 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. 14. The total principal for Note #1, Note #2, Note #3, Note #4, Note #5, Note #6, Note #7 and Note #8 is $20,415.00. 15. Note #1, Note #2, Note #3, Note #4, Note #5, Note #6, Note #7 and Note #8 grant Plaintiff reasonable collection and attorneys' fees which Plaintiff has calculated to be $3,062.25. 16. As of October 22, 2004, the total and actual overdue value ofthe financing provided to Parent under Note #1, Note #2, Note #3, Note #4 and Note #5 for which Parent has yet to pay was $9,967.10, with interest accruing thereafter at $1.62 per day. 17. As of October 22, 2004, the total and actual overdue value of the financing provided to Student under Note #1, Note #2, Note #3, Note #4, Note #5, Note #6, Note #7 and Note #8 for which Student has yet to pay was $15,672.54, with interest accruing thereafter at $2.29 per day. 18. Plaintiffhas fulfilled, performed and complied with all obligations and conditions of Note #1, Note #2, Note #3, Note #4, Note #5, Note #6, Note #7 and Note #8. COUNT I BREACH OF CONTRACT Dickinson Collef:e v. Cheryl J. Hills 19. Plaintiff hereby incorporates by reference the averments contained in Paragraphs 1 through 18 of this Complaint. 20. Parent breached the expressed and implied obligations, conditions and terms of agreement of Note # 1, Note #2, Note #3, Note #4 and Note #5 by failing to pay the amounts financed therein. WHEREFORE, Plaintiff demands judgment against Defendant, Cheryl 1. Hills, in the amount of $9,967.10, with interest accruing from October 22, 2004, at $1.62 per day, collection and attorneys' fees in the amount of$2,403.86 and costs of suit. COUNT II BREACH OF CONTRACT Dickinson Colleee v. Lamar D. Hills-Smith 21. Plaintiff hereby incorporates by reference the averments contained in Paragraphs 1 through 20 of this Complaint. 22. Student breached the expressed and implied obligations, conditions and terms of agreement of Note #1, Note #2, Note #3, Note #4, Note #5, Note #6, Note #7 and Note #8 by failing to pay the amounts financed therein. WHEREFORE, Plaintiff demands judgment against Defendant, Lamar D. Hills-Smith, in the amount of$15,672.54, with interest accruing from October 22,2004, at $2.29 per day, collection and attorneys' fees in the amount of$3,062.25. and costs of suit. COUNT III IN QUANTUM MERUIT 23. Plaintiff hereby incorporates by reference the averments contained in Paragraphs 1 through 22 of this Complaint. 24. Having requested Plaintiff to loan money, and doing so to the benefit of Student, Student became liable to Plaintiff for said money. 25. Student has been unjustly enriched by accepting said money without paying Plaintiff reasonable compensation therefor. 26. As of October 22,2004, the total amount by which Defendant has become enriched is $15,672.54, with interest accruing from October 22,2004, at $2.29 per day. WHEREFORE, Plaintiff demands judgment against Defendant, Lamar D. Hills-Smith, in the amount of$15,672.54, with interest accruing from October 22,2004, at $2.29 per day, collection and attorneys' fees in the amount of $3,062.25 and costs of suit. Q/ Date: November 3, 2004 c" By David R. Galloway I.D. Number 87326 Ten East High Street Carlisle, PA 17013-3093 (717) 243-3341 Attorneys for Plaintiff \. . .ft RI()(lfllP\PIR .~RI()(IAIHI .-1' ~ \ ' '0\ / f"'\ IV ;:;~ 01\86 ~ I}!D.vJ DICKINSON COLLEGE FLEXIBLE FINANCING SYSTEM - PLAN A EDUCATIONAL GOODS .AND SERVICES RETAIL INSTALLMENT CONTRACT August 5, 1996 I. Seller: Dickinson College, carlisle, pennsylvania 17013 Buyer(s): Cheryl J. Hills 51 New Street East Orange NJ 07017 If there is more than one Buyer, each of you will be obligated, jointly and severally, for all sums due and for the performance of all agreements as provided in this Contract. Under the terms of this Educational Goods and Services Retail Installment Contract, you have agreed to pay the expenses incurred for goods and services to be provided and rendered, as the case may be, to Lamar Hills-Smith (hereinafter "Student") during his/her enrollment at Dickinson College during the 1996-1997 academic year, including tuition, room and board, books and supplies as herein stated (hereinafter the "Goods and services"). The Goods and Services shall include only tuition, room and board. II. TERMS OF PAYMENT AND PAYMENT SCHEDULE Disclosures Required by Federal Law ANNUAL FINANCE CHARGE: AMOUNT FINANCED: TOTAL OF TOTAL SALE PERCENTAGE RATE: Dollar Amount Amount of credit PAYMENTS: PRICE: Cost of credit credit will provided by Amount paid by Total cost of as yearly rate cost Buyer Dickinson Buyer as total purchase on College of all scheduled credit including Prior to repay- payments down payment of ment: 11. 00% $ 22,410.00 During repay- ment: 11. 00% $ 3095.41 $ 4000.00 $ 7215.41 $ 26,410.00 Rev 2/92 EXHIBIT "A" Hills Buyer's payment schedule will be as follows: Number of Payments Amount of Payments When Payments are Due 44 .$ 36.67 monthly commencing 09/28/96, and continuing until 04/28/00 or such time as Student is no longer enrolled at Dickinson (or in an approved full-time off-campus program of studies), whichever is earlier. 72 $ 76.14 monthly commencing OS/28/00 or such time as Student is no longer enrolled at Dickinson (or in an approved full-time off-campus program of studies), whichever is earlier. Late charge: If a payment is more than 15 days late, a sum equivalent to 5% of the late payment (but no more than $2.50 and not less than $1.00) may be charged. Prepayment: Buyer may prepay the unpaid balance of the Amount Financed and any FINANCE CHARGE due through the date of early payment, in full or in part, without penalty. SEE SECTION VI OF THE CONTRACT BELOW FOR ANY ADDITIONAL INFORMATION ABOUT NON-PAYMENT, DEFAULT AND REQUIRED REPAYMENT BEFORE THE SCHEDULED DATE FOR REPAYMENT OF THE AMOUNT FINANCED. III. ITEMIZATION OF AMOUNT FINANCED 1. Cash price of Goods and Services: $ 26,410.00 2. Total down payment: 22,410.00 3. Unpaid balance of cash price (1 - 2): 4000.00 4. Amount paid to others on Buyer's behalf: - 0 - 5. Amount Financed (3 + 4): $ 4000.00 2 V. CREDIT INSURANCE Credit life insurance for the term of this Contract is not required. V. NO WARRANTIES THERE ARE NO WARRANTIES, EITHER EXPRESSED OR IMPLIED, GIVEN BY SELLER IN CONNECTION WITH SALE OF THE GOODS AND SERVICES COVERED BY THIS CONTRACT UNLESS BUYER HAS BEEN GIVEN A SEPARATE WRITTEN WARRANTY. VI. ADDITIONAL PROVISIONS 1. Buyer agrees to pay Seller the Total Sale Price by making the total down payment and paying Seller the Total of Payments in the number and amount of monthly payments shown in the Payment Schedule. Payments are due on or before the same date of each month as the first payment date. Payments must be made to Eduserv Technologies, Inc. at the following address: Eduserv Tech~ologies, !r.c. P.O. Box 64974 St. Paul, HN 55164-0974 2. Buy~r's legal rights include the right to pay all or part of the amounts due on this Contract in advance of their due dates, to obtain a refund or credit of unearned Finance Charge whenever the amount is paid in full in advance, and (with Seller's consent) to reinstate the Contract if Buyer timely cures any default. 3. Buyer shall be deemed to have committed an "Event of Default" of the Contract upon the occurrence of any of the following: (a) failure to make any payment on or before the date it is due, (b) failure to make a payment on any other Contract outstanding with Seller, (c) failure to perform any other provision of the Contract, (d) providing Seller with false information or signatures, (e) death, incompetence, or conviction of any Buyer of crime involving fraud or dishonesty, (f) insolvency or bankruptcy of any Buyer. 4. Upon or after the occurrence of any Event of Default, Seller will provide Buyer with notice, by certified mail as required by law, addressed to Buyer's last known address as shown on Seller's records, advising Buyer of the default and of Buyer's right to cure the default. The notice will provide the time, amount and performance necessary to cure the default. If Buyer does not cure the default as provided in the notice, Seller's rights shall include the right to declare all sums due on the Contract to be immediately due and payable. The Buyer agrees to pay all attorney's fees and other reasonable collection costs and charges necessary for the collection of any amount not paid when due. 5. Waiver by Seller of any Event of Default shall not be binding upon Seller if Seller should thereafter choose to exercise. that or any other right or a similar Event of Default occurs later. All Seller's rights and remedies shall be cumulative. Seller's exercise of one or more rights shall not cause Seller to lose any other rights. ;. This Contract is freely assignable by Seller. Buyer agrees that upon receiving notice of the assignment Buyer shall be obligated to the Assignee of this 3 contract, which Assignee shall have all of Seller's right and remedies. 7. If any part of this Contract is held to be illegal, void or unenforceable, that provision shall be deemed not to have been a part of this Contract, which shall otherwise remain fully effective. 8. APPLICABLE LAW: This Agreement, whenever called upon to be construed, shall be governed by the domestic internal laws of the Commonwealth of Pennsylvania except to the extent supplemented, superseded or preempted by federal law. 9. CONSENT TO JURISDICTION. VENUE AND SERVICE: The parties to this Agreement consent and agree that all legal proceedings relating to the subject matter hereof shall be maintained in the Court of Common Pleas of Cumberland County, Pennsylvania, or, if applicable, the United States District Court of the Middle District of Pennsylvania, and all parties hereto consent and agree that jurisdiction and venue for such proceedings shall lie exclusively within said court. Service of process in any such proceeding may be made by certified mail, return receipt reg..1Gsted, di.:.'ecT.ed -to tl~e re!';pective party at the address set forth above. 10. This Contract shall be binding upon the parties hereto, their heirs, successors, ass~gns and legal representatives. 11. TIME IS OF THE ESSENCE OF THIS CONTRACT. NOTICE: ANY HOLDER OF THIS CONSUMER CREDIT CONTRACT IS SUBJECT TO ALL CLAIMS AND DEFENSES walCH THE DEBTOR COULD ASSERT -AGAINST THE SELLER OF GOODS OR SERVICES OBTAINED PURSUANT HERETO OR WITH THE PROCEEDS HEREOF. RECOVERY HEREUNDER BY THE DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR HEREUNDER. NOTICE TO BUYER: (1) DO NOT SIGN THIS AGREEMENT BEFORE YOU READ IT OR IF IT CONTAINS ANY BLANK SPACE. (2) YOU ARE ENTITLED TO A COMPLETELY FILLED-IN COPY OF THIS AGREEMENT. (3) UNOER THE LAW, YOU HAVE THE RIGHT TO PAY OFF IN ADVANCE THE FULL AMOUNT DUE AND UNDER CERTAIN CONDITIONS TO OBTAIN A PARTIAL REFUND OF THE FINANCE CHARGE. BUYER(S) ACKNOWLEDGE(S) RECEIVING A COMPLETED COPY OF THIS CONTRACT AND INTEND(S) TO BE LEGALLY BOUND BY ITS TERMS. BUYER(S) , fkvJ- >>. ~ I AGREE TO REPAY ALL AMOUNTS DUE ON THIS LOAN IF THE BORROWER(S)jBUYER(S) FAILS TO DO SO IN ACCORDANCE WITH THE TERMS OF THE NOTE: STUDENT COSIGNER.l(~ t-UllA JnUlh TRANSCRIPT OF A STUDENT' S RECORD WILL NOT BE RELEASED IF LOAN PAYMENTS TO THE COLLEGE ARE IN ARREARS OR DEFAULT. DATE: DICKINSON COLLEGE a!S-/fec BY cr~J<<-- .( ft '-I =:;~;IIDrM'!K IAIII! ~p \ . b~ / v\' '(;f ..~ - ...-- DICKINSON COLLEGE FLEXIBLE FINANCING SYSTEM - PLAN B EDUCATIONAL GOODS AND SERVICES RETAIL INSTALLMENT CONTRACT Date: November 15, 1996 1. Seller: Dickinson College, Carlisle, Pennsylvania 17013-2896 Buyer(s) : Cheryl J. Hills .51 Hew f:trQt'r.. c..f '? KtUt e ( it l... !eo-. E-ast Orange lJ.T (\"701'7 . - () 1/c i..;; fv r' u;, ar 1<' IV ..J .J If there is more than one Buyer, each of you will be obligated, jointly and severally, for all sums due and for the performance of all agreements as provided in this Contract. Under the terms of this Educational Goods and Services Retail Installment Contract, you have agreed to pay the expenses incurred for goods and services to be provided and rendered, as the case may be, to Lamar Hills-Smith (here inafter as "Student") during his/her enrollment at Dickinson College during the 1996-1997 academic year, including tuition, room and board, books and supplies as herein stated (hereinafter the "Goods and Services") . The Goods and Services shall include only tuition, room and board. II. TERMS OF PAYMENT AND PAYMENT SCHEDULE Disclosures Required by Federal Law ANNUAL PERCENTAGE RATE: * Cost of credit as yearly rate FINANCE CHARGE: Dollar amount credit will cost Buyer AMOUNT FINANCED: Amount of credit provided by Dickinson College TOTAL OF PAYMENTS: Amount paid by Buyer as total of all scheduled payments TOTAL SALE PRICE: Total cost of purchase on credit, in- cluding down payment of $26,410.00 9.25% $ 989.66 $ 1,445.00 $ 2,434.66 $24,965.00 Buyer's payment schedule will be as follows: EXHIBIT "B" Number of Payments 149 *Variable Rate: Late Charge: Prepayment: Amount of Payments When Payments are Due 16.34 Monthly commencing 12/28/96 until OS/28/09. The ANNUAL PERCENTAGE RATE disclosed above is a variable rate and may change. The ANNUAL PERCENTAGE RATE may increase during the term of this transaction if the prime rate of interest announced in the Wall Street Journal as of the close of business on June 30 of each calendar year increases, and will be increased to the prime rate plus 1%. The ANNUAL PERCENTAGE RATE will not increase more than once a year, and the new interest rate will become effective on July 1 following the increase, if any, in the prime rate of interest. Any increase will be in the form of higher payment amounts. If your cost of the Goods and Services sold hereunder were $ 1,445.00 at 9.25% per annum for 149 months, and the prime rate plus 1% were increased to 10.25%, your regular monthly payments would increase to $ 17.18. Further, the ANNUAL PERCENTAGE RATE will not increase to more than 18% or such other rate as may be permitted under the Pennsylvania Goods and Services Installment Sales Act. If a payment is more than 15 days late, a sum equivalent to 5% of the late payment (but no more than $2.50 and not less than $1.00) may be charged. Buyer may prepay the unpaid balance of the Amount Financed and any FINANCE CHARGE due through the date of early payment, in full or in part, without penalty. SEE SECTION VI OF THE CONTRACT BELOW FOR ANY ADDITIONAL INFORMATION ABOUT NON-PAYMENT, DEFAULT AND REQUIRED REPAYMENT BEFORE THE SCHEDULED DATE FOR REPAYMENT OF THE AMOUNT FINANCED. III. ITEMIZATION OF AMOUNT FINANCED 1. Cash price of Goods and Services: 24,965.00 2. $ 26,410.00 Total down payment: 3. 4. Unpaid balance of cash price (1 - 2): -0- 1,445.00 Amount paid to others on Buyer's behalf: 5. $ 1,445.00 Amount Financed (3 + 4): V. CREDIT INSURANCE Credit life insurance for the term of this Contract is not required. V. NO WARRANTIES THERE ARE NO WARRANTIES, EITHER EXPRESSED OR IMPLIED, GIVEN BY SELLER IN CONNECTION WITH SALE OF THE GOODS AND SERVICES COVERED BY THIS CONTRACT UNLESS BUYER HAS BEEN GIVEN A SEPARATE WRITTEN WARRANTY. 2 VI. ADDITIONAL PROVISIONS 1. Buyer agrees to pay Seller the Total Sale Price by making the total down paYment and paying Seller the Total of Payments in the number and amount of monthly payments shown in the Payment Schedule. Payments are due on or before the same date of each month as the first payment date. Payments must be made to Eduserv Technologies, Inc. at the following address: Eduserv Technologies, Inc. P.O. Box 64974 St. Paul, MN 55164-0974 2. Buyer's legal rights include the right to pay all or part of the amounts due on this Contract in advance of their due dates, to obtain a refund or credit of unearned Finance Charge whenever the amount is paid in full in advance, and (with Seller's consent) to reinstate the Contract if Buyer timely cures any default. 3. Buyer shall be deemed to have committed an "Event of Default" of the Contract upon the occurrence of any of the following: (a) failure to make any payment on or before the date it is due, (b) failure to make a payment on any other Contract outstanding with Seller, (c) failure to perform any other provision of the Contract, (d) providing Seller with false information or signatures, (e) death, incompetence, or conviction of any Buyer of crime involving fraud or dishonesty, (f) insolvency or bankruptcy of any Buyer. 4. Upon or after the occurrence of any Event of Default, Seller will provide Buyer with notice, by certified mail as required by law, addressed to Buyer's last known address as shown on Seller's records, advising Buyer of the default and of Buyer's right to cure the default. The notice will provide the time, amount and performance necessary to cure the default. If Buyer does not cure the default as provided in the notice, Seller's rights shall include the right to declare all sums due on the Contract to be immediately due and payable. The Buyer agrees to pay all attorney's fees and other reasonable collection costs and charges necessary for the collection of any amount not paid when due. 5. Waiver by Seller of any Event of Default shall not be binding upon Seller if Seller should thereafter choose to exercise that or any other right or a similar Event of Default occurs later. All Seller's rights and remedies shall be cumulative. Seller's exercise of one or more rights shall not cause Seller to lose any other rights. 6. This Contract is freely assignable by Seller. Buyer agrees that upon receiving notice of the assignment Buyer shall be obligated to the Assignee of this Contract, which Assignee shall have all of Seller's right and remedies. 7. If any part of this Contract is held to be illegal, void or unenforceable, that provision shall be deemed not to have been a part of this Contract, which shall otherwise remain fully effective. 8. APPLICABLE LAW: This Agreement, whenever called upon to be construed, shall be governed by the domestic internal laws of the Commonwealth of Pennsylvania except to the extent supplemented, superseded or preempted by federal law. 9. CONSENT TO JURISDICTION. VENUE AND SERVICE: The parties to this Agreement consent and agree that all legal proceedings relating to the subject matter hereof shall be maintained in the Court of Common Pleas of Cumberland County, Pennsylvania, or, if applicable, the United States District Court of the Middle District of Pennsylvania, and all parties hereto consent and agree that jurisdiction and venue for such proceedings shall lie exclusively within said 3 court. Service of process in any such proceeding may be made by certified mail, return receipt requested, directed to the respective party at the address set forth above. 10. This Contract shall be binding upon the parties hereto, their heirs, successors, assigns and legal representatives. 11. TIME IS OF THE ESSENCE OF THIS CONTRACT. NOTICE: ANY HOLDER OF THIS CONSUMER CREDIT CONTRACT IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH THE DEBTOR COULD ASSERT AGAINST THE SELLER OF GOODS OR SERVICES OBTAINED PURSUANT HERETO OR WITH THE PROCEEDS HEREOF. RECOVERY HEREUNDER BY THE DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR HEREUNDER. NOTICE TO BUYER: (1) DO NOT SIGN THIS AGREEMENT BEFORE YOU READ IT OR IF IT CONTAINS ANY BLANK SPACE. (2) YOU ARE ENTITLED TO A COMPLETELY FILLED-IN COpy OF THIS AGREEMENT. (3) UNDER THE LAW, YOU HAVE THE RIGHT TO PAY OFF IN ADVANCE THE FULL AMOUNT DUE AND UNDER CERTAIN CONDITIONS TO OBTAIN A PARTIAL REFUND OF THE FINANCE CHARGE. BUYER(S) ACKNOWLEDGE(S) RECEIVING A COMPLETED COPY OF THIS CONTRACT AND INTEND(S) TO BE LEGALLY BOUND BY ITS TERMS. BUYER (S) : (i},OX"' r\ vfLl-' , ;r ' v " , l~y I AGREE TO REPAY ALL AMOUNTS DUE ON THIS LOAN IF THE BORROWER(S)/BUYER(S) FAILS TO DO SO IN ACCORDANCE WITH THE TERMS OF THE NOTE: STUDENT COSIGNER ( 9011'11 (,,{.ji,~Jmt TRANSCRIPT OF A STUDENT'S RECORD WILL NOT BE RELEASED IF LOAN PAYMENTS TO THE COLLEGE ARE IN ARREARS OR DEFAULT. DATE: DICKINSON COLLEGE ~-"- ...-- r--~ ... .Ii' ":;-" - :/'(;' BY _ ._0/ ~,;. :. '--_~ ...._-." ..f . .... '----'" 4 ." " .1 Rr~~;:~~:I~^PIIt ,t \ ' b0' / +~\ '(; ~ 05 J - qq/- ()~ DICKINSON COLLEGE FLEXIBLE FINANCING SYSTEM - PLAN B EDUCATIONAL GOODS AND SERVICES RETAIL INSTALLMENT CONTRACT Date: April 23, 1998 I. Seller: Dickinson College, Carlisle, Pennsylvania 17013-2896 Buyer( s): Cheryl J. Hills 48 Richelieu Terrace Newark NJ 07106 If there is more than one Buyer, each of you will be obligated, jointly and severally, for all sums due and for the performance of all agreements as provided in this Contract. Under the terms of this Educational Goods and Services Retail Installment Contract, you have agreed to pay the expenses incurred for goods and services to be provided and rendered, as the case may be, to Lamar-Hills-Smith (hereinafter as "Student") during hislher enrollment at Dickinson College during the 1998 academic year, including tuition, room and board, books and supplies as herein stated (hereinafter the "Goods and Services"). The Goods and Services shall include only tuition, room and board. ll. TERMS OF PAYMENT AND PAYMENT SCHEDULE Disclosures Required by Federal Law ANNUAL FINANCE AMOUNT TOTAL OF TOTAL SALE PERCENTAGE CHARGE: FINANCED: PAYMENTS: PRICE: RATE: * Dollar amount Amount of credit Amount paid by Total cost of Cost of credit as credit will provided by Buyer as total of purchase on yearly rate cost Buyer Dickinson College all scheduled credit, including payments down payment of $22,720.00 9.50% $3,006.80 $4,570.00 $7,756.80 $27,290.00 EXHIBIT "e" Buyer's payment schedule will be as follows: Number of Payments 140 Amount of Payments When Payments are Due $54.12 Monthly commencing 5/28/98 until OS/28/09. *Variable Rate: The ANNUAL PERCENTAGE RATE disclosed above is a variable rate and may change. The ANNUAL PERCENTAGE RATE may increase during the term of this transaction if the prime rate of interest announced in the Wall Street Journal as of the close of business on June 30 of each calendar year increases, and will be increased to the prime rate plus 1%. The ANNUAL PERCENTAGE RATE will not increase more than once a year, and the new interest rate will become effective on July 1 following the increase, if any, in the prime rate of interest. Any increase will be in the form of higher payment amounts. If your cost of the Goods and Services sold hereunder were $4,570.00 at 9.50% per annum for 140 months, and the prime rate plus 1% were increased to 10.50%, your regular monthly payments would increase to $56.75. Further, the ANNUAL PERCENTAGE RATE will not increase to more than 18% or such other rate as may be permitted under the Pennsylvania Goods and Services Installment Sales Act. Late Charge: If a payment is more than 15 days late, a sum equivalent to 5% of the late payment (but no more than $2.50 and not less than $1.00) may be charged. Prepayment: Buyer may prepay the unpaid balance of the Amount Financed and any FINANCE CHARGE due through the date of early payment, in full or in part, without penalty. SEE SECTION VI OF THE CONTRACT BELOW FOR ANY ADDITIONAL INFORMATION ABOUT NON- PAYMENT, DEFAULT AND REQUIRED REPAYMENT BEFORE THE SCHEDULED DATE FOR REPAYMENT OF THE AMOUNT FINANCED. III ITEMIZATION OF AMOUNT FINANCED 1. Cash price of Goods and Services: $ 27,290.00 2. Total down payment: 22,720.00 3. Unpaid balance of cash price (1 - 2): 4,570.00 4. Amount paid to others on Buyer's behalf -0- 5. Amount Financed (3 + 4): $ 4,570.00 2 IV. CREDIT INSURANCE Credit life insurance for the term of this Contract is not required. V. NO WARRANTIES THERE ARE NO WARRANTIES, EITHER EXPRESSED OR IMPLIED, GIVEN BY SELLER IN CONNECTION WITH SALE OF TIlE GOODS AND SERVICES COVERED BY TIllS CONTRACT UNLESS BUYER HAS BEEN GIVEN A SEPARATE WRfITEN WARRANTY. VI. ADDmONAL PROVISIONS 1. Buyer agrees to pay Seller the Total Sale Price by making the total down payment and paying Seller the Total of Payments in the number and amount of monthly payments shown in the Payment Schedule. Payments are due on or before the same date of each month as the first payment date. Payments must be made to Eduserv Technologies, Inc. at the following address: EFG P.O. Box 1810 Winston Salem NC 27102-1810 2. Buyer's legal rights include the right to pay all or part of the amounts due on this Contract in advance of their due dates, to obtain a refund or credit of unearned Finance Charge whenever the amount is paid in full in advance, and (with Seller's consent) to reinstate the Contract if Buyer timely cures any default. 3. Buyer shall be deemed to have committed an "Event of Default" of the Contract upon the occurrence of any of the following: (a) failure to make any payment on or before the date it is due, (b) failure to make a payment on any other Contract outstanding with Seller, (c) failure to perform any other provision of the Contract, (d) providing Seller with false information or signatures, (e) death, incompetence, or conviction of any Buyer of crime involving fraud or dishonesty, (f) insolvency or bankruptcy of any Buyer. 4. Upon or after the occurrence of any Event of Default, Seller will provide Buyer with notice, by certified mail as required by law, addressed to Buyer's last known address as shown on Seller's records, advising Buyer of the default and of Buyer's right to cure the default. The notice will provide the time, amount and performance necessary to cure the default. If Buyer does not cure the default as provided in the notice, Seller's rights shall include the right to declare all sums due on the Contract to be immediately due and payable. The Buyer agrees to pay all attorney's fees and other reasonable collection costs and charges necessary for the collection of any amount not paid when due. 5. Waiver by Seller of any Event of Default shall not be binding upon Seller if Seller should thereafter choose to exercise that or any other right or a similar Event of Default occurs later. All Seller's rights and remedies shall be cumulative. Seller's exercise of one or more rights shall not cause Seller to lose any other rights. 6. This Contract is freely assignable by Seller. Buyer agrees that upon receiving notice of the assignment Buyer shall be obligated to the Assignee of this Contract, which Assignee shall have all of Seller's right and remedies. 3 7. If any part of this Contract is held to be illegal, void or unenforceable, that provision shall be deemed not to have been a part of this Contract, which shall otherwise remain fully effective. 8. APPLICABLE LAW: This Agreement. whenever called upon to be construed, shall be governed by the domestic intemallaws of the Commonwealth of Pennsylvania except to the extent supplemented, superseded or preempted by federal law . 9. CONSENT TO JURISDICTION. VENUE AND SERVICE: The parties to this Agreement consent and agree that all legal proceedings relating to the subject matter hereof shall be maintained in the Court of Common Pleas of Cumberland County, Pennsylvania., or, if applicable, the United States District Court of the Middle District of Pennsylvania., and all parties hereto consent and agree that jurisdiction and venue for such proceedings shall lie exclusively within said court. Service of process in any such proceeding may be made by certified mail, return receipt requested, directed to the respective party at the address set forth above. 10. This Contract shall be binding upon the parties hereto, their heirs, successors, assigns and legal representatives. 11. TIME IS OF THE ESSENCE OF TIllS CONTRACT. NOTICE: ANY HOWER OF TIllS CONSUMER CREDIT CONTRACT IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH TIlE DEBTOR COULD ASSERT AGAINST TIlE SELLER OF GOODS OR SERVICES OBTAINED PURSUANT HERETO OR WITH TIlE PROCEEDS HEREOF. RECOVERY HEREUNDER BY THE DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR HEREUNDER NOTICE TO BUYER: (1) 00 NOT SIGN TIllS AGREEMENT BEFORE YOU READ IT OR IF IT CONTAINS ANY BLANK SPACE. (2) YOU ARE ENTTILED TO A COMPLETELY FILLED-IN COpy OF TIllS AGREEMENT. (3) UNDER THE LAW, YOU HAVE THE RIGHT TO PAY OFF IN ADVANCE THE FULL AMOUNT DUE AND UNDER CERTAIN CONDmONS TO OBTAIN A PARTIAL REFUND OF TIlE FINANCE CHARGE. BUYER(S) ACKNOWLEDGE(S) RECEIVING A COMPLETED COpy OF TIllS CONTRACT AND INTEND(S) TO BE LEGALLY BOUND BY ITS TERMS. BUYER(S): (' /Ltf J' Jltlt", I AGREE TO REPAY ALL AMOUNTS DUE ON TIllS LOAN IF THE BORROWER(S)/BUYER(S) FAILS TO 00 SO IN ACCORDANCE WITH THE TERMS OF THE NOTE: STUDENT COSIGNER~~~.Jii)-- TRANSCRIPT OF A STUDENT'S RECORD WILL NOT BE RELEASED IF LOAN PAYMENTS TO THE COLLEGE ARE IN ARREARS OR DEFAULT. DATE: 1-{-2-3- 9B DICKINSON COLLEGE BY ~J-e-. 4 r.. llKl'CLW PAPlR ,." \l.f(:'IClABl{ ~D \ ."0\ / }'f\.' '(j 09 <1 1- 0 3 DICKINSON COLLEGE FLEXIBLE FINANCING SYSTEM - PLAN B EDUCATIONAL GOODS AND SERVICES RETAIL INSTALLMENT CONTRACT March 29,2000 I. Seller: Dickinson College, Carlisle, Pennsylvania 17013-2896 Buyer(s): Cheryl J. Hills 64 Bruen A venue Irvington, NJ 07111 If there is more than one Buyer, each of you will be obligated, jointly and severally, for all sums due and for the performance of all agreements as provided in this Educational Goods and Services Retail Installment Contract.(the "Contract"). Under the terms of this Contract, you have agreed to pay the expenses incurred for Goods and Services (as hereinafter defined) to be provided and rendered, as the case may be, to Lamar Hills-Smith (hereinafter "Student") during his/her enrollment at Dickinson College during the 2000 academic year, including tuition, room and board, books and supplies as herein stated (collectively the "Goods and Services"). ll. TERMS OF PAYMENT AND PAYMENT SCHEDULE Disclosures Required by Federal Law ANNUAL PERCENTAGE RA TE:* Cost of credit as yearly rate FINANCE CHARGE: Dollar amount credit will cost buyer AMOUNT FINANCED: Amount of credit provided by Dickinson College TOTAL OF PAYMENTS: Amount paid by Buyer as total of all scheduled payments TOTAL SALE PRICE: Total cost of purchase on credit, including down payment of $ 27,785.00 8.75 % $ 946.52 $ 1,950.00 $ 2,896.52 $ 29,735.00 Rev 10/99 EXHIBIT "n" Number of Payments 116 *Variable Rate: Late Charge: Prepayment: Hills-Smith Buyer's payment schedule will be as follows: Amount of Payments When Payments are Due $ 24.97 Monthly commencing 04/28/00 until 12128/09 The initial ANNUAL PERCENTAGE RATE disclosed above is a variable rate and may change(increase or decrease) from time to time. The ANNUAL PERCENTAGE RATE may increase or decrease during the term of this transaction if the prime rate of interest announced in the Wall Street Journal as of the close of business on June 30 of each calendar year increases or decreases, and will be increased or decreased to the prime rate plus 1 %. The ANNUAL PERCENT AGE RATE will not increase, or decrease, more than once a year, and the new interest rate will become effective on July 1 following the increase or decrease, if any, in the prime rate of interest. Any increase will be in the form of higher payment amounts. If your cost of the Goods and Services sold hereunder were $1,950.00 at 8.75% per annum for 116 months and the prime rate plus 1 % were increased to 9.75%, your regular monthly payments would increase to $26.02. Further, the ANNUAL PERCENTAGE RATE will not increase to more than 18% or such other rate as may be permitted under Pennsylvania law. If a payment is more than 15 days late, a sum equivalent to 5% of the late payment (but no more than $2.50 and not less than $1.00) may be charged. Buyer may prepay the unpaid balance of the AMOUNT FINANCED and any FINANCE CHARGE due through the date of early payment, in full or in art, without penalty. SEE SECTION VI OF THE CONTRACT BELOW FOR ANY ADDITIONAL INFORMATION ABOUT NON- PAYMENT, DEFAULT AND REQUIRED REPAYMENT BEFORE THE SCHEDULED DATE FOR REPAYMENT OF THE AMOUNT FINANCED. III. ITEMIZATION OF AMOUNT FINANCED 1. Cash price of Goods and Services: $ 29,735.00 2. Total down payment: 27,785.00 3. Unpaid balance of cash price (1 - 2): 1,950.00 4. Amount paid to others on Buyer's behalf: - 0- 5. Amount Financed (3 + 4): $ 1,950.00 2 IV. CREDIT INSURANCE Credit life insurance for the tenn of this Contract is not required. V. NO WARRANTIES THERE ARE NO WARRANTIES, EITHER EXPRESSED OR IMPLIED, GIVEN BY SELLER IN CONNECTION WIrn SALE OF THE GOODS AND SERVICES COVERED BY THIS CONTRACT UNLESS BUYER HAS BEEN GIVEN A SEPARATE WRITTEN WARRANTY. VI. ADDITIONAL PROVISIONS 1. Buyer agrees to pay Seller the Total Sale Price by making the total down payment and paying Seller the Total of Payments in the number and amount of monthly payments shown in the Payment Schedule. Payments are due on or before the same date of each month as the first payment date. Payments must be made to EFG Technologies, Inc. at the following address: EFG Technologies, Inc. P.O. Box 64974 8t. Paul, MN 55164 2. Buyer's legal rights include the right to pay all or part of the amounts due on this Contract in advance of their due dates, to obtain a refund or credit of unearned Finance Charge whenever the amount is paid in full in advance, and (with Seller's consent) to reinstate the Contract if Buyer timely cures any default. 3. Buyer shall be deemed to have committed an "Event of Default" of the Contract upon the occurrence of any of the following: (a) failure to make any payment on or before the date it is due, (b) failure to make a payment on any other Contract outstanding with Seller, ( c) failure to perfonn any other provision of the Contract, (d) providing Seller with false infonnation or signatures, (e) death, incompetence, or conviction of any Buyer of crime involving fraud or dishonesty, (0 insolvency or bankruptcy of any Buyer. 4. Upon or after the occurrence of any Event of Default, Seller will provide Buyer with notice, by certified mail as required by law, addressed to Buyer's last known address as shown on Seller's records, advising Buyer of the default and of Buyer's right to cure the default. The notice will provide the time, amount and perfonnance necessary to cure the default. If Buyer does not cure the default as provided in the notice, Seller's rights shall include the right to declare all sums due on the Contract to be immediately due and payable. The Buyer agrees to pay all attorney's fees and other reasonable collection costs and charges necessary for the collection of any amount not paid when due. 5. Waiver by Seller of any Event of Default shall not be binding upon Seller if Seller should thereafter choose to exercise that or any other right or a similar Event of Default occurs later. All Seller's rights and remedies shall be cumulative. Seller's exercise of one or more rights shall not cause Seller to lose any other rights. 6. This Contract is freely assignable by Seller. Buyer agrees that upon receiving notice of the assignment Buyer shall be obligated to the Assignee of this Contract, which Assignee shall have all of Seller's right and remedies. 7. If any part of this Contract is held to be illegal, void or unenforceable, that provision shall be deemed not to have been a part of this Contract, which shall otherwise remain fully effective. 3 8. APPLICABLE LAW: This Agreement, whenever called upon to be construed, shall be governed by the domestic intemallaws of the Commonwealth of Pennsylvania except to the extent supplemented, superseded or preempted by federal law. 9. CONSENT TO JURISDICTION, VENUE AND SERVICE: The parties to this Agreement consent and agree that all legal proceedings relating to the subject matter hereof shall be maintained in the Court of Common Pleas of Cumberland County, Pennsylvania, or, if applicable, the United States District Court of the Middle District of Pennsylvania, and all parties hereto consent and agree that jurisdiction and venue for such proceedings shall lie exclusively within said court. Service of process in any such proceeding may be made by certified mail, return receipt requested, directed to the respective party at the address set forth above. 10. This Contract shall be binding upon the parties hereto, their heirs, successors, assigns and legal representatives. 11. TIME IS OF THE ESSENCE OF THIS CONTRACT. NOTICE: ANY HOLDER OF THIS CONSUMER CREDIT CONTRACT IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH THE DEBTOR COULD ASSERT AGAINST THE SELLER OF GOODS OR SERVICES OBTAINED PURSUANT HERETO OR WITH THE PROCEEDS HEREOF. RECOVERY HEREUNDER BY THE DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR HEREUNDER. NOTICE TO BUYER: (1) DO NOT SIGN THIS AGREEMENT BEFORE YOU READ IT OR IF IT CONTAINS ANY BLANK SPACE. (2) YOU ARE ENTITLED TO A COMPLETELY FILLED-IN COPY OF THIS AGREEMENT. (3) UNDER THE LAW, YOU HAVE THE RIGHT TO PAY OFF IN ADVANCE THE FULL AMOUNT DUE AND UNDER CERTAIN CONDITIONS TO OBTAIN A P ARTIAt REFUND OF THE FINANCE CHARGE. BUYER(S) ACKNOWLEDGE(S) RECEIVING A COMPLETED COpy OF THIS CONTRACT AND INTEND(S) TO BE LEGALLY BOUND BY ITS TERMS. BUYER(S): M~ j -Jht< I AGREE TO REPAY ALL AMOUNTS DUE ON THIS LOAN IF THE BORROWER(S)/BUYER(S) FAILS TO DO SO IN ACCORDANCE WITH THE TERMS OF THE NOTE: 14- ) _ pc;;> STUDENTCOSlGNER ~'~A TRANSCRIPT OF A STUDENT'S RECORD WILL NOT BE RELEASED IF LOAN PAYMENTS TO THE COLLEGE ARE IN ARREARS OR DEFAULT. DATE: .~ -2 Ct- co BY DICKINSON COLLEGE c=1J)/i? <-C <-f .e-, ,---J PlanB 4 A- '-, ::~'~~:~I~/;^PIR -A \ .~\ f~\ o ~ 01~I-OLf DICKINSON COLLEGE FLEXIBLE FINANCING SYSTEM - PLAN B EDUCATIONAL GOODS AND SERVICES RETAIL INSTALLMENT CONTRACT March 29,2000 I. Seller: Dickinson College, Carlisle, Pennsylvania 17013-2896 Buyer(s): Cheryl J. Hills 64 Bruen Avenue Irvington, NJ 07111 Ifthere is more than one Buyer, each of you will be obligated, jointly and severally, for all sums due and for the performance of all agreements as provided in this Educational Goods and Services Retail Installment Contract.(the "Contract"). Under the terms of this Contract, you have agreed to pay the expenses incurred for Goods and Services (as hereinafter defined) to be provided and rendered, as the case may be, to Lamar Hills-Smith (hereinafter "Student") during his/her enrollment at Dickinson College during the 2000 academic year, including tuition, room and board, books and supplies as herein stated (collectively the "Goods and Services"). II. TERMS OF PAYMENT AND PAYMENT SCHEDULE Disclosures Required by Federal Law ANNUAL PERCENTAGE RA TE:* Cost of credit as yearly rate FINANCE CHARGE: Dollar amount credit will cost buyer AMOUNT FINANCED: Amount of credit provided by Dickinson College TOTAL OF PAYMENTS: Amount paid by Buyer as total of all scheduled payments TOTAL SALE PRICE: Total cost of purchase on credit, including down payment of . $ 26,285.00 8.75 % $ 1,673.72 $ 3,450.00 $ 5,123.72 $ 29,735.00 Rev 10/99 EXHIBIT "E" Number of Payments 116 *Variable Rate: Late Charge: Prepayment: Hills-Smith Buyer's payment schedule will be as follows: Amount of Payments When Payments are Due $ 44.17 Monthly commencing 04/28/00 until 12/28/00 The initial ANNUAL PERCENT AGE RATE disclosed above is a variable rate and may change(increase or decrease) from time to time. The ANNUAL PERCENTAGE RATE may increase or decrease during the term of this transaction if the prime rate of interest announced in the Wall Street Journal as of the close of business on June 30 of each calendar year increases or decreases, and will be increased or decreased to the prime rate plus 1 %. The ANNUAL PERCENTAGE RATE will not increase, or decrease, more than once a year, and the new interest rate will become effective on July 1 following the increase or decrease, if any, in the prime rate of interest. Any increase will be in the form of higher payment amounts. If your cost of the Goods and Services sold hereunder were $3,450.00 at 8.75% per annum for 116 months and the prime rate plus 1 % were increased to 9.75%, your regular monthly payments would increase to $46.04. Further, the ANNUAL PERCENTAGE RATE will not increase to more than 18% or such other rate as may be permitted under Pennsylvania law. If a payment is more than 15 days late, a sum equivalent to 5% of the late payment (but no more than $2.50 and not less than $1.00) may be charged. Buyer may prepay the unpaid balance of the AMOUNT FINANCED and any FINANCE CHARGE due through the date of early payment, in full or in art, without penalty. SEE SECTION VI OF THE CONTRACT BELOW FOR ANY ADDITIONAL INFORMATION ABOUT NON~ PAYMENT, DEFAULT AND REQUIRED REPAYMENT BEFORE THE SCHEDULED DATE FOR REPAYMENT OF THE AMOUNT FINANCED. ITI. ITEMIZATION OF AMOUNT FINANCED 1. Cash price of Goods and Services: 29,735.00 $ 2. Total down payment: 26,285.00 3. Unpaid balance of cash price (1 - 2): 3,450.00 4. Amount paid to others on Buyer's behalf: - 0- 5. Amount Financed (3 + 4): 3,450.00 $ 2 IV. CREDIT INSURANCE Credit life insurance for the term of this Contract is not required. V. NOWARRANTIES THERE ARE NO WARRANTIES, EITHER EXPRESSED OR IMPLIED, GIVEN BY SELLER IN CONNECTION WITH SALE OF THE GOODS AND SERVICES COVERED BY THIS CONTRACT UNLESS BUYER HAS BEEN GIVEN A SEPARATE WRITTEN WARRANTY. VI. ADDITIONAL PROVISIONS 1. Buyer agrees to pay Seller the Total Sale Price by making the total down payment and paying Seller the Total of Payments in the number and amount of monthly payments shown in the Payment Schedule. Payments are due on or before the same date of each month as the fIrst payment date. Payments must be made to EFG Technologies, Inc. at the following address: EFG Technologies, Inc. P.O. Box 64974 St. Paul, MN 55164 2. Buyer's legal rights include the right to pay all or part of the amounts due on this Contract in advance of their due dates, to obtain a refund or credit of unearned Finance Charge whenever the amount is paid in full in advance, and (with Seller's consent) to reinstate the Contract if Buyer timely cures any default. 3. Buyer shall be deemed to have committed an "Event of Default" of the Contract upon the occurrence of any of the following: (a) failure to make any payment on or before the date it is due, (b) failure to make a payment on any other Contract outstanding with Seller, (c) failure to perform any other provision of the Contract, (d) providing Seller with false information or signatures, (e) death, incompetence, or conviction of any Buyer of crime involving fraud or dishonesty, (f) insolvency or bankruptcy of any Buyer. 4. Upon or after the occurrence of any Event of Default, Seller will provide Buyer with notice, by certifIed mail as required by law, addressed to Buyer's last known address as shown on Seller's records, advising Buyer of the default and of Buyer's right to cure the default. The notice will provide the time, amount and performance necessary to cure the default. If Buyer does not cure the default as provided in the notice, Seller's rights shall include the right to declare all sums due on the Contract to be immediately due and payable. The Buyer agrees to pay all attorney's fees and other reasonable collection costs and charges necessary for the collection of any amount not paid when due. 5. Waiver by Seller of any Event of Default shall not be binding upon Seller if Seller should thereafter choose to exercise that or any other right or a similar Event of Default occurs later. All Seller's rights and remedies shall be cumulative. Seller's exercise of one or more rights shall not cause Seller to lose any other rights. 6. This Contract is freely assignable by Seller. Buyer agrees that upon receiving notice of the assignment Buyer shall be obligated to the Assignee of this Contract, which Assignee shall have all of Seller's right and remedies. 7. If any part of this Contract is held to be illegal, void or unenforceable, that provision shall be deemed not to have been a part of this Contract, which shall otherwise remain fully effective. 3 8. APPLICABLE LAW: This Agreement, whenever called upon to be construed, shall be governed by the domestic internal laws of the Conunonwealth of Pennsylvania except to the extent supplemented, superseded or preempted by federal law. 9. CONSENT TO JURISDICTION, VENUE AND SERVICE: The parties to this Agreement consent and agree that all legal proceedings relating to the subject matter hereof shall be maintained in the Court of Common Pleas of Cumberland County, Pennsylvania, or, if applicable, the United States District Court of the Middle District of Pennsylvania, and all parties hereto consent and agree that jurisdiction and venue for such proceedings shall lie exclusively within said court. Service of process in any such proceeding may be made by certified mail, return receipt requested, directed to the respective party at the address set forth above. 10. This Contract shall be binding upon the parties hereto, their heirs, successors, assigns and legal representatives. 11. TIME IS OF THE ESSENCE OF THIS CONTRACT. NOTICE: ANY HOLDER OF THIS CONSUMER CREDIT CONTRACT IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH THE DEBTOR COULD ASSERT AGAINST THE SELLER OF GOODS OR SERVICES OBTAINED PURSUANT HERETO OR WITH THE PROCEEDS HEREOF. RECOVERY HEREUNDER BY THE DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR HEREUNDER. NOTICE TO BUYER: (1) DO NOT SIGN THIS AGREEMENT BEFORE YOU READ IT OR IF IT CONTAINS ANY BLANK SPACE. (2) YOU ARE ENTITLED TO A COMPLETELY FILLED-IN COPY OF THIS AGREEMENT. (3) UNDER THE LAW, YOU HAVE THE RIGHT TO PAY OFF IN ADVANCE THE FULL AMOUNT DUE AND UNDER CERTAIN CONDITIONS TO OBTAIN A PARTIAL REFUND OF THE FINANCE CHARGE. BUYER(S) ACKNOWLEDGE(S) RECEIVING A COMPLETED COpy OF THIS CONTRACT AND INTEND(S) TO BE LEGALLY BOUND BY ITS TERMS. BUYER(S): (!fd~ J -1U/ ~ I AGREE TO REPAY ALL AMOUNTS DUE ON THIS LOAN IF THE BORROWER(S)/BUYER(S) FAILS TO DO SO IN ACCORDANCE WITH THE TERMS OF THE NOTE: "_ ~ A 0 STUDENT COSIGNER ~ 'ilY.1\ TRANSCRIPT OF A STUDENT'S RECORD WILL NOT BE RELEASED IF LOAN PAYMENTS TO THE COLLEGE ARE IN ARREARS OR DEFAULT. DATE: 3-29-(~o DICKINSON COLLEGE BY d~/LA--i:'--'-r ~ e.-.. PlanS 4 tf \ . \J\ ~ f~~ V FEDERAL PERKINS LOAN PROMISSORY NOTE ~_ A "'! - - "'\-1 OUd-i J -, _,jJ -,_",'-./ - --, '-;'-, ." ....,; _I ---:7 '-, . , Hills-smith, Lamar D. 5 \ Nw 8>~\:e+ fp-$\' DR~e..) NS 01011 2. Social Security Number \ 4 2> - &% - lD \af/ 3. Date of Birth }D - 30- ry8' 4. Area CodelTelephone Number laOI) t911-~lSry 5. Driver's Ucense Number (Ust state abbreviation first) 1. Name (last, first, middle initiaO and Permanent Address (street. city, state, zip code) 6. School Name &, Address (street, city, state, zip code) Dick:i.nsoo College P.O. Box 1773 Carlisle, PA 17013-2896 ~ HaIf-lime or pIler 0 Less than haJ-lime 5 % 9. Loan Amount: 10. Loan Period $2000.00 1996-97 TERMS AND CONDrr/ONS: (Any ilnrl<eted cIauoe or plII3p3ph may be included at option of imlitutIon I APPLICABLE LAW - The terms of this note and any disbursements made under this note shall be interpreted in accordance with Pan E of Title IV of the Higher Education Act of 1965. as amended (hereinafter called the Actl. 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 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 lean a half.tlme 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 repon the amount of my installment payments. along with the amount of this loan to a national credit bureau, Interest on thu loan shall accrue from the beginning of the repayment period. My repayment period may be shorter than 10 years If I am required by my school to make minimum monthly payments. Upon my written request my repayment period may be extended during periods of deferment. hardship, or forbearance and' may make graduated installments in accordance with a schedule approved by the Secretary. , will make my Installment payments In equal monthly, bimonthly or quarterly installments as determlned by the school. The school may round my JnstaIlment payment to the next highest multiple of $5. [I will make a minimum monthly repayment of $40 (or S30 if I have outstanding Federal Perkins loans made before October I. 1992 that Included the S30 minimum payment option) In accordance with the Minimum Monthly Payment Section of the Terms and Conditions contained on the'reverse side of this document. I LATE CHARGES - The school will Impose late charges If I do not make a scheduled payment when due or If I fall 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 instaUment 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 ellglbUity for these benefits. I am responsible for submitting the appropriate requests on time, and I may lose my benefits if I faU to roe my request on time. DEFAULT - If I fall to make a scheduled payment when due; If' faU to submit to the school. on or before the due date of a scheduled payment. documentation that I qualify for a deferment. cancellation. or forbearance; or If I faU to comply with the terms and conditions of this promissory note or written repayment agreement, the school may, at Its option. declare my loan to be In default and may accelerate my loan (demand immediate payment of the entire unpaid balance of the loan, including principal. Interest. late charges. and collection costs). The school. and the Secretary. If my loan is assigned to the Secretary for collection. shall disclose to credit bureau organizations that I have defaulted and all other relevant loan information. , wllllose 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. , will be Ineligible for any further federal student ftnanclal assistance authOrized under the Act until' make arrangements that are satisfactory to the school or the Secretary to repay my loan. CHANGE OF STATUS - I wllllnform 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 PromWory 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 condilions of this Promissory Note. THIS IS A LOAN(S) THAT MUST BE REPAID rJ) (UY1(U tliili - ~ ~-Q(0 -00 Date: Borrower's Signature EXHIBIT "F" Terms and Conditions (cont.) HARDSHIP REPAYMENT OPTIONS - Upon my written request. If I qualify as a low-income individual during the repayment period. the school may extend the repayment period for up to an additional ten (10) years and may adjust any repayment schedule to reflect my Income. Upon my written request. the school may extend the repayment period If. In Its opinion. prolonged illness or unemployment prevent me from making the scheduled repayments during which time Interest wlil continue to accrue. The school may pennlt me to pay less than the minimum monthly repayment rate for a period of not more than one year at a time If I experience a period of prolonged Illness or unemployment except such action may not extend the repayment period beyond 10 years. GRACE PERIODS - My initial grace period before beginning repayment is 9 months. If I am a Less-1nan-Half- Tune Borrower with outstanding Federal Perkins Loans. my repayment begins when the next scheduled installment of my outstanding loan is due. If I am a Less-1nan-HaIf-Thne Borrower with no outstanding Federal Perkins Loans. my repayment begins the earlier of: 9 months from the date my loan was made. or 9 months from the date I became less than a half-time student. even If I received the loan after I became a less than half-time student. My payments will reswne after a post-deferment grace period of 6 months that follows deferments that apply to Federal Perkins loam. PREPAYMENT - I may prepay all or any part of my unpald loan balance. plus any accrued Interest. at any time without penalty. Amounts I repay In the academic year In which the loan was made and before the initial grace period has ended will be used to reduce the amount of the loan and will not be considered a prepayment. If I repay amounts during the academic year In which the loan was made and the initial grace period ended. only those amounts In excess of the amount due for any repayment period shall be considered a prepayment. If. In an academic year other than the award year In which the loan was made. I repay more than the amount due for an install- ment. the excess will be used to repay principal Wliess I designate It as an advance payment of the next regular Installment. MINIMUM MONTHLY PAYMENT - I will make a minimum monthly repayment of $40 (or $30 If I have outstanding Federal Perkins loans made before October 1. 1992 that Included the $30 minimum payment option) If required by the school. If the total monthly repayment rate on this loan and any outstanding Federal Perkins loans I may have Is less than the minimum monthly repayment rate established by the school. the school may still requlre a minimum monthly repayment rate. A minimum monthly repayment amount will combine my obligation on this and all my outstanding Federal Perkins loans. Including those made at other schools. The portion of the minimum monthly payment that will be applied to this loan will be the difference between the minimum monthly payment and the total amounts owed at a monthly rate on my othes' Federal Perkins loans. If each school holding my outstanding Federal Perkins loans exercises the minimum monthly payment option. the minimum monthly repayment will be divided among the schools In proportion to the amount of principal advanced by each school. FORBEARANCE - Upon making a properly documented written request to the school. I am entitled to forbearance of principal and Interest or principal only. renewable at interVals up to 12 months for periods that collectively do not exceed three years. under the following conditions: If my monthly TItle IV loan debt burden equals or exceeds 20% of my total monthly gross Income; If the Secretary authorl7es a period of forbearance due to a national military mobilization or other national emergency; or if the school determines that I quaI1fy due to poor health or for other reasons. Including service In AmeriCorps. Interest accrues during any period of forbearance. DEFERMENTS - Upon making a properly documented written request to the school. I may defer making scheduled installment payments and will not be liable for any Interest that might otherwise accrue 1) during any period that I am: enroUed and attending as a regular student In at least a half-time course of study at an eligible school; enrolled and attending as a regular student a graduate fenowship program approved by the Secretary; engaged in graduate or post-graduate feliowship-supported study outside the US; enroUed and attending a rehabilitation tra\nIng program for disabled Indlvlduals approved by the Seaetary; engaged In public service that qualifies me to have part or all of my loan canceled; 2) for a period not to exceed three years during which I am seeking but unable to find full-time employment. 3) for a period not to exceed three years during which I am experiencing an economic hardship as determined by the school. I am not eligible for a deferment while serving In a medical internship or residency program. I may continue to defer making scheduled installment payments and will not be liable for any intereSt that might otherwise accrue for a six-month period Immediately fonowlng the expiration of any deferment period described in this paragraph. CANCELLATIONS - Upon making a properly documented written request to the school. I am entitled to have up to 100% of the original principal loan amount of this loan canceled If I perform qualifying service In the areas listed In paragraphs A. B. C. 0 and E below. Qua1ifyIng Service must be performed after I receive the loan. A. Teaching' a full-time teacher In a publlc or other nonprofit elementary or secondary school. that has been designated by the Secretary In accordance with the provisions of section 465(a)(2) of the &t 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. . a full- time special education teacher in a public or nonprofit elementary or secondary school system. · a full-time teaCher. In a public or other nonprofit elementary or secondary school system, who teaches mathematics. science. foreign languages. bilingual education. or any other field of expertise that is determined by the State Department of Education to have a shortage of qualified teachers In that State. B. Early Intervention Services' a full-time qualified professional provider of early Intervention services In a public or other nonprofit program under public supervision by a lead agency as authorized by section 672(2) of the individuals with Disabilities Education Act. Early Intervention Services are provided to Infants and toddlm with disabilities. C. Law Enforcement or Corrections Officer . a full-time law enforcement officer for an eligible local. State. or Federal law enforcement agency; or . a full-time corrections officer for an eligible local. State. or Federal corrections agency. D. Nurse or Medical Technician' a full-time nurse providing health care services; or . a full-time medical technician providing health care services. E. Child or Family Service ^seney . a full-time employee of an eligible public or private non-profit child or family service agency who Is providing or supervising the provision of services to high-risk children who are from low- Income communities and the famllies of such children. Cancellation Rates - For each completed year of service under paragraphs A. B. C. 0 and E a portion of this loan will be canceled at the following rates: . 15% of the original principal loan amount for each of the first and second years; . 20% of the original principal loan amount for each of the thlrd year and fourth years; and . 30% of the original principal loan amount for the fifth year. E Head Start Cancellation - Upon making a properly documented written request to the school. I am entitled to have up to 100% of the original principal loan amount CllrICeled for qualifying service performed after I receive the loan as: . a full-time staff member In the educational component of a Head Start program which Is operated for a period comparable to a full school year and which pays a salary comparable to an employee of the local educa- tional agency. Cancellation Rate - For each completed year of service under the Head Start Cancellation provision. this loan will be canceled at the rate of 15% of the original principal loan amount. G. MlUtary Cancellation - Upon making a properly documented written request to the school. I am entitled to have up to 50% of the principal amount of this loan canceled for qualifying service performed after I receive the loan as: . a member of the Armed Forces of the United States In an area of hostiUties that qualifies for special pay under section 310 of Title 37 of the United States Code. Cancellation Rate - For each completed year of servlce under the Military Cancellation provision. this loan will be canceled at the rate of 12 1/2% of the original principal loan amount. H. Volunteer Service Cancellation - Upon making a properly documented written request to the school. I am entitled to have up to 70% of the original principal loan amount of this loan canceled for qualifying service performed after I received the loan as: . a volunteer under the Peace Corps Act; . a volunteer under the Domestic Volunteer Service Act of 1913 (ACTION programs) . Cancellation Rate - For each completed year of service under the Volunteer Service Cancellation provision. a portion of this loan will be canceled at the following rates; . 15% of the otiglnal principal loan amount for each of the rust and second 12-month periods of service: and . 20% of the original prtnclpalloan amount for each of the third and fourth 12-month periods of servlce. I. Death and DlsablIlty Cancellation - In the event of my death. the school will cancel the total amount owed on this loan. If I become permanently and totally disabled after I receive this loan. the school will cancel the total amount owed on this loan. \1' , ((: x(9 ,. ~ \ I -t"'" \'i FEDERAL PERKINS LOAN PROMISSORY NOTE 00273-000-00-3257-09 Hills-Smith, Lamar D. 48 Richelieu Ter. Newark, NJ 07106 2. Social Security Number (Y~-~~-(dC1 3. Date of Birth 1. Name (last, first, middle initial) and Permanent Address (street, city, state, zip code) l C ,. 3C 7~ 4. Area Code/Telephone Number C~~ l) Y llc -S~'() .t~ 5. Driver's License Number (List state abbreviation first) 6. School Name & Address (street. city. state. zip code) Dickinson College P.O. Box 1773 Carlisle, PA 17013-2896 U Half-lime 0( greater 0 Less than half-lime 5 % 9. Loan Amount: 10. Loan Period $2.000.00 1997-1998 TERMS AND CONDITIONS: [Any bracketed clause or paragraph may be included at option of mstituuon.] 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 (herelOafter 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 pnncipal and the interest that accrues on it to the above-named institution (hereinafter called the school) over a period beginnlOg 9 months (or sooner if I am a less than a half-lime 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 penod begin sooner. I understand that the school will report the amount of my installment payments. along with the amount of this loan to a national credit bureau. Interest on this loan shall accrue from the beginning of the repayment period. My repayment period may be shorter than 10 years if I am requIred by my school to make mlOlmum monthly payments. Upon my wntten request my repayment period may be extended during periods of deferment. hardship, or forbearance and I may make graduated Installments in accordance with a schedule approved by the Secretary. I will make my installment payments in equal monthly. bimonthly or quarterly installments as determined by the school. The school may round my installment payment to the next highest multiple of $5. II will make a mimmum monthly repayment of $40 (or $30 if I have outstanding Federal Perkins loans made before October I. 1992 that included the $30 minimum payment option) in accordance with the MInImum Monthly Payment Secllon 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 wnllen request that I qualify for any of the Corbearance. deCerment 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 pnncipal 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 benefns if I Cail to me my request on time. DEFAULT - If I farl to make a scheduled payment when due: if I Cail to submit to the school, on or before the due date of a scheduled payment, documentation that I qualify for a deferment. cancellation. or forbearance: or if I fail to comply with the terms and conditions of this promissory note or written repayment agreement, the school may. at its option. declare my loan to be in deCault 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! have defa....lted and ail other relevant loan information. I will lose my right to defer payments and my right to forbearance iC 1 deCault on my loan. I will lose my right to receive cancellation benefits for service that is perCormed after the date the school accelerated the loan. I wUl be ineligible for any further federal student fmanclal assistance authonzed under the Act until I make arrangements that are satisCactory (0 the school or the Secretary to repay my loan. CHANGE OF STATUS - I will .nform the school oC any change in my name, address. telephone number, Social Secunty 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 subsequem holder of the Promissory Note. the sum oC amounds) advanced to me under the terms oC this Note. plus mterest 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 secunty 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 . ~{Jj} tU 1 J ~lb -Jr.ti~ 4( Ii Q'7 Date: t......./ Borrower's Signature EXHIBIT "G" Terms and Conditions (cant.) HARDSHIP REPAYMENT OPTIONS - Upon my wriHen reque.s!, if I qualIfy as a low-mcome indivIdual dunng the repaymc.t1[ penod, the school may extend the repayment period for up to an additional ten (10) years and may adjust any repayment schedule to renect my income. Upon my written requt'-st. the school may extend the repayment period If. in its opinion, prolonged illnt'-SS or unemployment prevent me from makmg the scheduled repayments dunng which time mterest will continue to accrue, The school may pennit me to pay less than the minimum monthly repayment rate for a period of not more than one year at a time if I experience a period of prolonged Illness ur unemployment except such action may not extend the repayment period beyond 10 years. GRACE PERIODS - My initial grace period before beginning repayment is 9 months. If I am a Less-Than-Half-Time Borrower with outstanding Federal Perkins Loans, my repayment begins when the next scheduled installment of my outstanding loan is due. If I am a Less-Than-Half-Time Borrower with no outstanding Federal Perkins Loans, my repayment begins the earlier of: 9 months from the date my loan was made, or 9 months from the date I became less than a half-time student. even if I received the loan after I became a less than half-time student. My payments will resume after a posHfefennent grace period of 6 months that follows deferments that apply to Federal Perkins loans. PREPAYMENT - I may prepay all or any part of my unpaid loan balance, plus any accrued interest. at any time without penalty. Amounts I repay in the academic year in which the loan was made and before the Initial grace period has ended will be used to reduce the amount of the loan and will not be conSIdered a prepayment. If I repay amounts dwing the academic year in which the loan was made and the initial grace penod ended, only those amounts 10 excess of the amount due for any repayment period shall be considered a prepayment. If. in an academic year other than the award year in which the loan was made, I repay more than the amount due for an Irlstall- ment, the excess will he used to repay principal unless I designate it as an advance pavrnent of the next regular installment. MINIMUM MONTHLY PAYMENT - I will make a minimum monthly repayment of $40 (or $30 if I have outstanding Federal Perkins loans made before October 1. 1992 that included the $30 mmlmum payment optIOn) if required by the school. If the total monthly repayment rate on this loan and any outstanding Federal Perkins loans I may have IS less than the minimum monthly repayment rate established by the school. the school may still require a minimum monthly repayment rate. A minimum monthly repayment amount will combine my obligation on this and all my outstanding Federal Perkins loans, including those made at other schools. The portion of the minimum monthly payment that will be applied to this loan will be the difference between the minimum monthly payment and the total amounts owed at a monthly rate on my other Federal Perkins loans. If each school holding my outstanding Federal Perkins loans exercises the minimum monthly payment option, the minimum monthly repayment will be divided among the schools in proportion to the amount of principal advanced by each school. FORBEARANCE - Upon making a properly documented wriHen request to the school. I am entitled to forbearance of principal and interest or principal only, renewable at intervals up to 12 months for periods that collectively do not exceed three years, under the following conditions: If my monthly Title IV loan debt burden equals or exceeds 20% of my total monthiy gross income; if the Secretary authorizes a period of forbearance due to a national military mobilization or other national emergency; or if the school detennines thal I qualify due to poor health or for other reasons. including service in AmeriCorps. Interest accrues during any period of forbearance. DEFERI\1ENTS - Upon making a properly documented wril!en request to the school. I may defer making scheduled installment payments and will not be liable for any interest thal might otherwise accrue 1) during any period that I am. enrolled and attend 109 as a regular student in at least a half-lime course of study at an eligible school. enrolled and attending as a regular student a graduate fellowship program approved by the Secretarv; engaged in graduate or post-graduate fellowshlp-supponed study outsIde the US; enrolled and attending a rehabilitation training program for disabled individuals approved by tile Secretary; engagt'd In public service that qualifies me to have part or all of mv loan canceled, 2) for a penod not to exceed three years during which I am Stoeking hut unable to find full-time emplovment, 3) for a pt'nod not to exceed thrpe yean dunng which I am t'xpenencmg an l?ConOTrllC hanhhlP as dl'tt'nnllled b\ the ,chool. I am no! elig\bh' for a deferment "hill' Stn'lT\g 10 a Inl'dH allllll'fTlsblp ()( res"h'nc, program. I maY contlnul' to dder ma"lI1g sdwdukd Ill\talllllenl payments and w,ll not tx. liable lor arw mll'''',1 that mIght utherwlSe accrue fur a six-munth penod !!lunedlatelv fllllu"....ng the explr~tHJ{) of dll! df'fernwrl( pt~nod de~nbed 1l1lh~ paragraph CANCELLATIONS upon making a properly documented written request' to the school. I am entItled to have up to 100% of the original principal loan amClunt of ![US loan cancl'led if I pt'rform qualifying service m the areas listed in paragraphs A, B, C, D and E below. Qualifymg Semce must be performed after I receive the loan, A. Teaching. a full. time teacher in a public or other nonprofit elementary or secondar\ school, that has been dt'signated by the Secretary in accordance witll the pronsioTlS of section 465(a) (2) of the Act as a school with a high conc{'ntration of students from low-mcome families. An official Directory of designated low !!lcome schools is published annually by the Secretary. . a full- time spt'cial education t{'acher in a public or nonprofit elementary or secondary school system. a full-time teacher, in a public or other nonprofit elementary or Sf.'condary school system, who teaches mathematics, science', foreign languages, bilingual education, or any other field of expertise that is detennllled by the State Department of Education to have a shortage of qualified teachers in that State. R Early Intervention Services. a full-lime qualified professional provider of early IOtervention services in a publIc or other nonprofit program under public supervision by a lead agency as authorized by section 672(2) of the Individuals with Disabilities Education ACl. Early Intervention Services are provided to Infants and toddlers with disabilities. C. Law Enforcement or Corrections Officer' a full-time law enforcemem 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-tune nurse providing health care semces; 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 familv service agency who is providing or supervising the provision of semces to high-risk children who are from low- income communities and the families of such children. Cancellation Rates - For each completed year of seNice under paragraphs A, B, C, D and E a portion of this loan will he canceled at the foilowing rates: . 15% of the original principal loan amount for each of the first and semnd years; . 20% of the original principal loan amoum for each of the thlfd year and fourth years; and. 30% of the onginal principal loan amount for the fifth year. F. Head Scan Cancellation - Upon making a properly documemed written requesl to the school. I am entitled to have up to 100% of the original principal loan amount canceled for qualifying service performed after I receive the loan as: . a full-time staff member in the educatIOnal component of a Head Start program which is operated for a period comparable to a full school year and which pays a salary comparable to an employee of the local educa- tional agency. Cancellation Rate - For each completed year of seNice under the Head Start Cancellation provision, this loan will he canceled at the rate of 15% of the original principal loan amount. G. Mililary Cancellation - Upon making a properly documented written request to the school, I am entitled to have up to 50% of the principal amount of this loan canceled for qualifying service performed after I receive the loan as: . a member of the Armed Forces of the United States in an area of hostilities that qualifies for special pay under section 310 of Title 37 of the United States Code Cancellation Rale - For each completed year of seNice under the Military Cancellation provision, this loan will be canceled at the rate of 12 1/2% of the original principal loan amount. H. Volumeer Service Cancellalian - Upon making a properlv documented written request to the school. I am enlitled to have up to 70'70 of the origmal principal loan amount of trus loan canceled for qualifYlTlg servIce performed after I received the loan as . a volunteer under the Peace Corps Ace. a volunt<>er under the Domestic Volunteer Service Act of 1973 (ACTION programs) Cancellation Rate - For each completed year of seNice under the Volunteer Service Cancellalion provision, a porlion of this loan will be canceled at the following rates . 15% of the onglrlal pnnnpal loan amoum for each of the fmt and second 12-month peridds of -;er.1Cl'. and' 20'}'" of tht' onginal pnnClpalloan amount lor each of the thlrn and foullh 12 month penods 01 servIce. I Death and Disabilitv Cancellaliol1 In the ewnt of my death, tb,' school will canepl tlw total alT;ount ow",l ,)11 thIS loan. If 1 beco~e permanently and totally disabled after I receIve this loan, tht' school will cancel the total amount owpd on t~ll:' !"an 00273-000-00-3257-09 TRUTH-IN-LENDING STATEMENT DICKINSON COLLEGE INSTITUTIONAL LOAN Name of Borrower Hilli-Smitr I ~m~r D_ Address 48 Richelieu Ter. Newark, NJ 07106 Ai.'OOJAL PERCEN'l'AGE RATE AMOUNT FINANCED The cost of your credit as a yearly rate. The amount of credit provided to you. Prior to repayment During repayment % % $2,000.00 Late Charge: If a payment is late. you may be charged: $1.00 for the first late payment. and $2.00 for each subsequent late payment if this loan is payable monthly. $3.00 for each late payment if this loan is payable bimonthly, $6.00 for each late payment if this loan is payable quarterly. Prepayment: If you payoff early, you will ~ have to pay a penalty. See your promissory note for any additional information about nonpayment. de- fault, any required repayment in full before the scheduled date, and pre- payment. THE BORROWER ACKNOW'LEDGES RECEIPT OF AN EXACT COPY OF THIS STATEMENT. STUDENT )1.;,1 j I i I. /I.'L BORROWER 'l \t1l(tC N/,Uj -<[lIlJu DATE Cf I i /~\11 INSTITUTIONAl. REPRESENTATIVE I 'yl(~ t.f, ,_ J DATE ~ \~ ~ClEO'AI'ER CUllLE ~ ~ ~\\\ ~t-- . FEDERAL PERKINS LOAN PROMISSORY NOTE e- -rna:M <f/5/'l'l 00273-000-00-3257-09 , .,;)~ It! t;- .;-' Jll,J..\_.i!.i. 0 li!, 'fl/ D 1. Name (last. first. middle initial) and Permanent Address (street, city. state, zip code) 2. Social Security Number Hills-Smith, Lamar D. 18 Richclciu T-et"-. qD .3A:itv+ H\l'l A'v'~ Newark, NJ 07106 143-88-6107 3. Date of Birth , ,Ir, L-Ii 2> Ie /3o/7~ 4. Area Code/Telephone Number q/3 ~ 416-5802 5. Driver's License Number (Ust state abbreviation first) Dickinson College P.O. Box 1773 Carlisle, PA 17013-2896 U Half-lime or greater 0 Less lI1an ha~-lime 5 % 9. loan Amount: 10. loan Period $1,000.00 1998-1999 TERMS AND CONDITIONS: IAny bracketed clause or paragraph may be included at option of lfiStitutJon,j APPLICABLE LAW. The terms of this note and any dISbursements made under this note shall be interpreted in accordance wllh Part E of Tille IV of the Higher Education Act of 1965, as amended (heremafter called the Act). as well as Federal regulatlons 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 pnncipal and the interest that accrues on it to the above-named institution (hereinafter called the school) over a period beginmng 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 begm sooner, I understand that the school will report the amount of my installment payments. along with the amount of this loan to a national credit bureau, Interest on this loan shall accrue from the beginning of the repayment period. My repayment period may be shorter than 10 years if I am required by my school to make mmimum monthly payments, Upon my written request my repayment period may be extended during penods of deferment. hardship. or forbearance and I may make graduated installments 10 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 I, 1992 that included the 530 minimum payment option) in accordance with the Minimum Monthly Payment Sectlon 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 subm.t 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 il 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 I fail to comply with the terms and conditions of this promissory note or written repayment agreement. the school may. at its option, declare my loan to be in default and may accelerate my loan (demand immediate payment of the entire unpaid balance of the loan. including principal. interest. late charges, and collection costs), The school, and the Secretary, if my loan is assigned to the Secretary for collection. shall disclose to credit bureau orgamzations that I have defaulted and all other relevant loan information, I will lose my right to defer payments and my right to forbearance jf I default on my loan. I will lese 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 fed..al 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 will mform 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 ,ecunlY 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 . I{ uid I i' i j . .;t'/ Borrower's Sign;;dur (;, 1"'1 ;1'" J r ,) ~ :', J Date: EXHIBIT "H" Terms and Conditions (cant.) HARDSHIP REPAYMENT OPTIONS - Upon my written request. If I qualify as a low-income individual dwing the repayment period. the school may extend the repayment period for up to an additional ten (10) years and may adjust any repayment schedule to reflect my income. Upon my written request. the school may extend the repayment period if. in its opinion. prolonged illness or unemployment prevent me from making the scheduled repayments during which ume interest will continue to accrue. The school may permit me to pay less than the minimum monthly repayment rate for a period of not more than one year at a time if I experience a period of prolonged illness or unemployment except such action may not extend the repayment period beyond 10 years. GRACE PERIODS - My initial grace period before beginning repayment is 9 months. If I am a Less-Than-Half-Time Borrower with outstanding Federal Perkins Loans. my repayment begins when the next scheduled Installment of my outstanding loan is due. If I am a Less-Than-Half-Tlme Borrower with no outstanding Federal Perkins Loans. my repayment begins the earlier of: 9 months from the date my loan was made. or 9 months from the date I became less than a half-time student. even if I received the Joan after I became a less than half-time student. My payments will resume after a post-deferment grace period of 6 months that follows deferments that apply to Federal Perkins loans. PREPAYMENT - I may prepay all or any part of my unpaid loan balance. plus any accrued interest. at any time without penalty. Amounts I repay in the academic year in which the loan was made and before the Initial grace period has ended will be used to reduce the amount of the loan and will not be considered a prepayment. If I repay amounts dwing the academic year in which the loan was made and the initial grace period ended. only those amounts in excess of the amount due for any repayment period shall be considered a prepayment. If. in an academic year other than the award year in which the loan was made. 1 repay more than the amount due for an install- ment. the excess will be used to repay principal unless I designate it as an advance payment of the next regular installment. MINIMUM MONTHLY PAYMENT - I will make a minimum monthly repayment of $40 (or $30 if I have outstanding Federal Perkins loans made before October 1. 1992 that included the $30 minimum payment option) if required by the school. If the total monthly repayment rate on this loan and any outstanding Federal Perkins loans I may have is less than the minimum monthly repayment rate established by the school. the school may still require a minimum monthly repayment rate. A minimum monthly repayment amount will combine my obligation on this and all my outstanding Federal Perkins loans. Including those made at other schools. The portion of the minimum monthly payment that will be applied to this loan will be the difference between the minimum monthly payment and the total amounts owed at a monthly rate on my other Federal Perkins loans. If each school holding my outstanding Federal Perkins loans exercises the minimum monthly payment option. the minimum monthly repayment will be divided among the schools in proportion to the amount of principal advanced by each school. FORBEARANCE - Upon making a properly documented written request to the school. I am entitled to forbearance of principal and interest or principal only. renewable at intervals up to 12 months for periods that collectively do not exceed three years. under the following conditions: If my monthly Title IV loan debt burden equals or exceeds 20% of my total monthly gross income: if the Secretary authorizes a period of forbearance due to a national military mobilizauon or other national emergency: or if the school determines that I qualify due to poor health or for other reasons. including service In AmeriCorps. Interest accrues dwing any period of forbearance. DEFERMENTS - Upon making a properly documented written request to the school. I may defer making scheduled installment payments and will not be liable for anv interest that might otherwise accrue 1) during any period that I am: enrolled and attending as a regular student in at least a half-time course of study at an eligible school; enrolled and attending as a regular student a graduate fellowshIp program approved by the Secretary: engaged in graduate or post-graduate fellowship-supported study outside the US: enrolled and attending a rehabilitation training program for disabled Individuals approved by the Secretary: engaged in public service that qualifies me to have part or all of my loan canceled: 2) for a period not to exceed three years during which I am seeking but unable to find full-time employment. 3) for a period not to exceed three years during which 1 am experiencing an economic hardship as determined by the school I am not eligible for a deferment while serving in a medical mternshlp or res.rlencv program I may continue to defer making scherluled installment payments and will not be liable for any Interest that might othef\"'se accrue for a six-month period immediately folloWlOg the expiration of any rlefennent period described m this paragraph. CANCELLATIONS - Upon making a properly documented written request' . to the school. I am entitled to have up to 100% of the original principal loan amount of thiS loan canceled if I perform qualifying service in the areas listed in paragraphs A. B. C. D and E below. Qualifying Service must be performed after I receive the loan. A. Teaching' a full-time teacher in a public or other nonprofit elementary or secondary school. that has been designated by the Secretary in accordance with the provisions of section 465(a) (2) of the Act 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. . a full- time special education teacher in a public or nonprofit elementary or secondary school system. . a full-time teacher. in a public or other nonprofit elementary or secondary school system. who teaches mathematics. science. foreign languages. bilingual education. or any other field of expertise that is determined by the State Department of Education to have a shortage of qualified teachers in that State. B. Early Intervention Services. a full-time qualified professional provider of early intervention services in a public or other nonprofit program under public supervision by a lead agency as authorized by section 672 (2) of the Individuals with Disabilities Education Act. Early Intervention Services are provided to Infants and toddiers with disabilities. C. Law Enforcement or Corrections Officer' a full-time law enforcement officer for an eligible local. State. or Federal law enforcement agency; or . a full-time corrections officer for an eligible local. State. or Federal corrections agency. D. Nurse or Medical Technician. a full-time nurse providing health 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 providing or supervising the provision of services to high-risk children who are from low- income communities and the families of such children. Cancellation Rates - For each completed year of service under paragraphs A. B. C. D and E a portion of this loan will be canceled at the foilowing rates: . 15% of the original principal loan amount for each of the first and second years: . 20% of the original principal loan amount for each of the third year and fourth years; and . 30% of the original principal loan amount for the fifth year. F. Head Start Cancellation - Upon making a properly documented written request to the school. I am entitled to have up to 100% of the original principal loan amount canceled for qualifying service performed after 1 receive the loan as: . a full-time staff member in the educational component of a Head Start program which is operated for a period comparable to a full school year and which pays a salary comparable to an employee of the local educa- tional agency. Cancellation Rate - For each completed year of service under the Head Start Cancellation provision. this loan will be canceled at the rate of 15% of the original principal loan amount. G. Military Cancellation - Upon making a properly documented written request to the school. I am entitled to have up to 50% of the principal amount of this loan canceled for qualifying service performed after I receive the loan as: . a member of the Armed Forces of the United States in an area of hostilities that qualifies for special pay under section 310 ofTitJe 37 of the United States Code. Cancellation Rate - For each completed year of service under the Military Cancellation provision. this loan will be canceled at the rate of 12 1/2% of the original principal loan amount. H. Volunteer Service Cancellation - Upon making a properly documented written request to the school. I am entitled to have up to 70% of the original principal loan amount of this loan canceled for qualifying service performed after I received the loan as: . a volunteer under the Peace Corps Act: . a volunteer under the Domestic Volunteer Service Act of 1973 (ACTION programs) . Cancellation Rate - For each completed year of service under the Volunteer Service Cancellation provision. a portion of this loan will be canceled at the following rates: . 15% of the original principal loan amount for each of the fmt and second I 2-month periods of service: and. 20% of the original principal loan amount for each of the third and fourth 12-month periods of service. 1. Death and Disability Cancellation - In the event of my death, the school will cancel the total a~ount owed on this loan. If I become permanently and totally disabled after I receive this loan. the school will cancel the total amoun' owed on this loan. PERKINS (NDSL) TRUTH-IN-LENDING STATEMENT io DIC{I~SON COLLEGE Account Number 00273-000-00-3257-09 Name of Borrower Hillc;-Smit~. I i'lmi'lr n. Address 48 Richclicu Ter. ~ C SA-,~+-- PAc! \ Aile, L-fiS Newark, NJ 07106 A.'lNUAL PERCENTAGE RATE AMOUNT FINAN CED The cost of your credit as a yearly race. The amount of credit provided to you. Prior to repayment During repayment o i. 5 7. $ 1. 000 . 00 l Itemization of the Amount Financed: $1,000.00 Amount given directly to YOu., Late Charge: If a payment is late, you may be charged: $1.00 for the first late payment, and $2.00 for each subsequent late payment if this loan is payable monthly, $3.00 for each late payment if this loan is payable bimonthly, $6.00 for each late payment if this loan is payable quarterly. Prepayment: If you payoff early, you will ~ have to pay a penalty. See your promissory note for any additional information about nonpayment, de- fault, any required repayment in full before the scheduled date, and pre- payment. TEE BORROWER A~OWLEDGES RECEIPT OF AN EXAC! COpy OF THIS STATEMENT. STUDENT . ; ,,' I . I ' / BORROWER (~'!t!i t ( I 'l,ll!1 .J!' I., I 1''' I '1\'1/'1 \,r/ DATE 01_'~) II ) INSTITUTIONAL REPRESENTATIVE (' ..:.:;::;.,.. -'. DATE t/! 31 /Cf ~ VERIFICATION I, THOMAS MEYER, 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, infOlmation 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. 9 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 Thomas Me er Bursar of Dickinson College Dated: FWlLESIDA T AFILElDickinson College 7619\CollectionslCurrentl255-com wpd ~A .--. d'\~ ~~ C> ....j ~~ - ~v J ~\~~ -, . ~ <i9 (") C ~'l"'" -0 (:;~ cp L : ~7f;;- (t~ .'1", r5; ~:. .:-- ~~E; ......C: ~ -C . Q;) f'.) <:::> = .z:- Z o <: I W -0 -.- -"" o -n ~ :c rn:n --oFn 96 -::-1..,.., :::r: "'1', g-- ..:..~ o --4 ;.;~ .:0 -< - .. .r:- eo f:IFlLES\DA TAF1LEIDickinsonCollege7619lColieclionslCulTentl255-praJlmam Created: 9I2{)104 IY06PM Revised: 211105 4:38PM 7619C255 David R. Galloway, Esquire MARTSON DEARDORFF WILLIAMS & OTTO 10 East High Street Carlisle, PAl 70 13 (717) 243-3341 Attorneys for Plaintiff DICKINSON COLLEGE, Plaintiff, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2004-05543 CIVIL ACTION-LAW CHERYL J. HILLS and LAMAR D. HILLS-SMITH, Defendants. JURY TRIAL OF TWELVE DEMANDED PRAECIPE TO DOCUMENT SERVICE AND COST OF SERVICE PURSUANT TO THE PENNSYLVANIA LONG ARM STATUTE I hereby certify that a copy ofthe Complaint was personally served on Defendants Cheryl J. Hills and Lamar D. Hills-Smith at 1038 W. 17th Street, #14, Plainfield, New Jersey 07060 by Sheriff of Union County, New Jersey. Attached are the certified Affidavits of Service signed and dated January 18,2005, and a copy of the Affidavits showing the cost of service was $1 10.00. MARTSON DEARDORFF WILLIAMS & OTTO .~"~~J J.D. No. 87326 10 E. High Street Carlisle, PA 17013-3093 (717) 243-3341 Date: February 2,2005 Attorneys for Pla.intiff CERTIFICATE OF SERVICE I, Melissa A. Mowery, an authorized agent of Martson Deardorff Williams & Otto, hereby certify that a copy of the foregoing Praecipe to Document Service and Cost of Service Pursuant to the Pennsylvania Long Arm Statute was served this date by depositing same in the Post Office at Carlisle, P A, first class mail, postage prepaid, addressed as foliows: Ms. Cheryl J. Hills 1038 W. 7th Street, #14 Plainfield, NJ 07060 Mr. Lamar D. Hills-Smith 1038 W. 7th Street, #14 Plainfield, NJ 07060 MARTS ON DEARDORFF WILLIAMS & OTTO B\{\(v:"Qcf(C~ 0 .c'f'f\ Clv2d . I Melissa A. Mowery Ten East High Street . Carlisle, P A 17013 (717) 243-3341 Dated: February 2, 2005 ****** A F F I D A V I T o F SER'"JICE ~..;f..;,:.*..:-:.'1E.* :I.Z':/c::I~i04. ===================================================:============================= SHERIFFS NUMBER..L 114228 DEFENDANT SEQUENCE 001 OF 002 OFFICER........WHITl T\T'E OF SER'JICE......"... SUt1t'10NS RND Cm'1PLAINT =============================================================================== I , fi~iLPH FPOEHLICH, I , I 1.-"- _n. ..._' -- - SHERIFF OF UNION COUNTY, DO HEF1EBY DEPUTI ZE r - -- I _.__ .:J:? ~^-'~ t~.~~"_f:____._____ (PPINT OFFICER'S NAME AND APPOINT TO BE MY DEPUTY, TO EXECUTE AND RETURN THE WRIT RCCORDING TO LAW. *~==~===~=~=~=~==~ RTTORNEY =~~==~===========* \ I I I CARLISLE PA 17013 J.",,,,,~,~,~,~,,,,~,~,,,,~,~,~,=",,=,=,=,=,===,=,=,.,=,",,="''''=== COURT DI'i TAl ,=",==".=,""=,==".c,,,,=,==,,=,,,=,,=,='====Ct~UU._. I elfi COURT OF ISSUANCE........ IN THE courn OF COMMON PLEAS OF PENNSYLV RETURN DATE 0/00/00 TIME DAYS 00 DOn:.ET...".lM.,S5Lf3 STrHE.... ~U COUNTY OF 'JENUE.... CUMBERLA/'JD ================================ CAPTION OF CASE ============================-- CORPORATION NAME....." .., DICKINSON COLLEGE 1)5""" CHEPYL._ Jo HIL.LS (-iND L(.."\Mf.iR D~ HILL.S-. SMITH ==================DEFENDANT OR NAMED WITHIN TO BE SEfiVED~~=~~================== HJD I'..'I DUAi. NI-il'iE..".....". CHERYL J HILL_S, PERSONI-,LLY *======~=========================~=======* MRRTSON DEARDORFF WILLIAMS nTTOHNEYCi 10 EAST HIGH STREET " OTTO .... CHECL{ ~* I\WJUNT 14(071 --"".-~55~ 0l;?'! . CONTROL # ~::~.59~-331Z1 btDDHE':t3S 1 ~ ~ .. " .. .. " .. .. .. .. ~ .. .. (..)DDHESS ,~:. ~ .. .. " .. .. ~ .. .. " .. " " " TOWN/STATE/ZIP........" PLAINFIELD =::==;===================:=====:==== PAPERS SERVED mlT OF STi'lTE-REL1UIRES DESCRIPTION NOTICE C0I1PU1I L.-n 1038 W. 7TH STREET #14 NJ 07\~50 ---.------.----------------------- ---,----_._---~-----_._------------_.- =======:=========== S E R U I~' . . f,ERVED f,UCCES'.,FULLY ICE D A TAR E C 0 fi D I...UNRBLE TO SERVE E D =================zz ~ATE"'I 01 1--1 dl' 1-1/10 IIME"I/! 1',1rl:/9Mj m I RENAfWS, I=::::I~~:'~" :=C~P~ ~~~?~N~L~~Y:=Df.L~V~R~D= = -. : ,.....COPY LEFr WlrH: " COMPETENT HOUSEHOLD MEMBER OVEP 14 YEARS 0F AGE RESIDING THEREIN ! !..... DULY SERVED ON f,ELF /SPOUSE I1T THE I R I1BODE PERSON SERVED.;........ 1= = = = = = = = = = = = = = ~ ~ = = =_ i \.... IS IN THE MILITARY 1 I... NOT IN THE ~~i!\! 8~II~E l~_~~~~~E I ".1 Y~LL~W 11 ~R~WN 6 I REoD, ~~i~~i; :3~g~~ ~00~~~ 1i* .Ji~;:~i~~~B,,)LtIJ.I-~~j-2~~~~B~JE~ r~VEP 200LBS "'A1AGEIR BLACh I I ~RD~NI ~LO~~ I I GfiA:Q2RE~D I I WHITE I I BALDING H-20 .::1-35 Xl .:>e,-"",,0 51-.f. IOVER';7] SWORN~.. TD A~D J,UBS.J;;RIBED "~FllMAH"~:.:, '.. ___ ~~~~___.___ __._____.__.____. ON __..:_ l:l~_P.".fL;::t.~__ i); 20~~?~[;~Jf~lEW~~. _ ~ ~I..GNATURE , ....c.... .~F*,.1A"",,.. SHERIFF'::, OFF-ICER OF UNION COUNTY ~~ STnlT elF' NEt-.! .IFF/SFV ~nTEMPTS --. -- .-.. -. \ .- ..~~ - - MILITARY ****** A F F I D A V I T o F ~:;EF:I)ICE -*.*.*-**.jf-X. L:j;=:0i04 ===~=========~====================================:============================= SHERIFFS NUMBER..L 114228 DEFENDANT SEQUENCE 002 OF 002 OFFICER........WHITl TYPE OF SERVICE.......... SUMMONS AND COMPLAINT =============================~================================================= _ ~H~R~F~~ ~:;:;~:~;:U;?;t~. ~~E~Er}Y _D~P~T~.ZE~._ ._ I (PRINT OFFICER'S NAME l i'tND APPOINT TO BE r~Y DEPUTY, TO EXECUTE AND RETURN THE WRIT PCCORDIN(3 TO U.iW. *================= ATTORNEY =================* I. f,'ALPH FROEHL I CH, I..... MARTSON DEr~RDORFr: \~ I LL lAMS f, OTTO CHECl<. # f~110UNT , I I I ! ~================================= COURT DATAI=========================CMUL~I(3A COURT OF ISSUANCE........ IN THE COURT OF COMMON PLG.\S OF PE:NW;YL'J RETURN DATE 0i00i00 TIME DAYS 00 DOCVET. . . , .0L,:55L,3 STfHE. . ". NJ' COUNTY OF 'JENUE..." CUt1BERLmm ================================ CAPTION OF CASE ============================== CORf:;~RATlON .NA~1E. . . . . . . '..'" DICVINSON COLLEG~ <0 '. f' \"""" CHE.RYL .J. HILLS HND U.f1AR D. HILLS ~MI III '~~~~~~;~~:;~~~;~~~;~~=~:)~~~~~~N::~~~=~::;:~~:~::::'~:~~~~~:;!~~!.~::C2~=7==" <~DDf,E..,.., '."""."""."""."" 1 '),,01, h. "IH" 1 f\f=.E r # t '+ '====o:=.~ :! ~DDR'E'-~ ~ I I"-I"t __b.~j i::. ~ ~ ~ " , , , " " , " " , " TOWNiSTATEiZIP""....".. PLAINFIELD NJ 07060 ================================= PAPERS SERVED ===:============================ OUT OF STATE-REQUIRES DESCRIPTION NOTICE CDlvIPLI., I NT ATTORNE'"{S 1.\0 E-=AST HIGH :3TREET rL;0~1f'~'-.-'-'~'~-'~'-"--- --_.._....-s5:-iZi"(fu.. CONTROL >t ;:~599.3el CARL.ISLE p(~ 17i{H3 =~=============== S E R V I I~" SERVED SUCCESSFULLY C E D A TAR E COR D I...UNABLE TO SERVE E r =0=:============::== ~~~~: : I ";, I; I :~I';' ~:I - - - - - - -- -- - - -I -- - -.. ... -.. --.. ..--I REMARKS = 1= = _ _ _ _ _ __ --/>1:-. :-. :'cop:;; ~;E~sor"'Alj=,' 'DELIV[~RED I I"....COPY LEFT WITH: .. COMPETENT HOUSEHOLD MEMBER 0F AGE RESIDING TI~EREIN I j.""."DULY SERVED ON SELFiSPOUSE PERSON SERVED...;.."... OVER lL,. YEARS ATTEMPTS AT THEIR ABODE I""".H, IN THf:~ t'lILITApv I I.""NOT IN THE ~~iN 1 ~~i~E l I ~E~~~EI I YELLOW l.1 BROWN 1 1 RED HEIGHT: UNDEP ',:, tEET I I 5.0-5. 6FT >q 5. 7.--E.. '" \ OVER 6FT WEIGHT: UNDER 100LB5 I 1 10121-150L.B 1;>\1 151-2.1ZILBS I I QiVER c:00LBS ~~~R ~~.~~~ I 7<1 ~~~~~ \ I ~~~~~ I I ~~~~M R~eEA ~~jWHITE I I BALDING 3WORN,TO, A~'T "fuBS ~RI~E~~f!~ ____y~~~ .---.--.---.-.-----. IN..,,..jJ~ll.lJ:rr:L:'':''-'\ \:. 0:::0... fl\lJUCOfI N!W .I!!RI8I'r' S I I" 1)(1 1 U [, E ~'A.o-('- .J;rc.c....;~~Foo 1~ ~"t', SHfoRIFF'S OFFICER OF UNWN COUNTY ST("~TF: OF Nr:I.' n::-PCI=.....i - -. .-. -I .- -- ._. ~ MILITARY - .:ll:' x," ~. ~,';' ~'"::l:'f''',~'' _~if,... ~'''b'lt~~o:i' ' ':';; .':,,~,;\;;?~:;-:'~-~ r--.,,) c;,;;) .::.:l '~.fl --q r'11 co I r'-' :1>" l:::~ r. C) I III ~ ERIE@ KERRY J. RITCHEY, CPCU, AIC Claims Manager ERIE INSURANCE GROUP Branch Office" 4901 Louise Dr, . Rossmoyne Business Center.. PD. Box 2013 . Mechanicsburg, PA 17055-0710 (717) 795,8200 . Toll Free 1-800-3B2~1304 . Fax (717) 795-2315" www.erieim;urance.Gom January 31, 2005 Cumberland County Courthouse Prothonotary's Office One Courthouse Square Carlisle, P A 17013 Erie Claim # : Erie Insured: Date of Loss: Defendant: No. and Term: 010170746968 John Machinist 5-6-2004 Michael Berry 04-5824 Dear Sir: I certify that the above-captioned Judgment is a result of a Motor Vehicle Accident Sincerely, ~=:-~~ Subrogation Specialist 1-800-382-1304, Ext. 293 SG:car The ERIE Is Above Allin SERViCE" . Since 19<'5 r~ -,-') 1"-' .., w % .s:. r ... <> ~ \') -..:1 \..:;~'\ <.> '-j\ to,: C:.;! \ 1''' ~ , I.~n -\ \~~,-:'i c~) .' C) \""-) . P\FfLESIDATAF1LEIDicki""oIlC"Ikge7619ICo!!ectiolls\CwlTt'nl\255\255.sti)l1 Created 2/3/05411PM Revised: 3/3105 3:11PM 7619CZ55 David R. Galloway, Esquire MARTS ON DEARDORFF WILLIAMS & OTTO Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff DICKINSON COLLEGE, Plaintiff v. NO. 2004-05543 CIVIL ACTION-LAW CHERYL J. HILLS and LAMAR D. HILLS-SMITH, Defendants JURY TRIAL OF TWELVE EMAND D STIPULATION AND AGREEMENT FOR ENTRY OF JU GMEN AND NOW, comes Plaintiff DICKINSON COLLEGE by and rough i s attorneys, MARTSON DEARDORFF WILLIAMS & OTTO, and Defendant, Cheryl . Hills, ho stipulate and agree as follows: I 1. Pa. R.C.P. 1037(c) provides that in all cases, the Court, on +otion 0+ party, may enter an appropriate judgment against a party upon admission. I I 2. Defendant, CheryIJ. Hills, agrees and admits thatJudgment sh uld be e ered against her in favor of Plaintiff in the amount of$12,545.92, plus costs of suit and int rest of$ .29 accruing per day from date of Judgment. i 3. The parties agree that the Court, upon motion of Plaintiff.! may ent r Judgment pursuant to this Stipulation without issuance of a Rule to Show Cause;, and wi hout further proceedings or notice. By C ~ (/oj IJ )hf/t Cheryl J. Hi!Js f 1038 W. 7th St. Unit 14 Plainfield, NJ 07063 By David R. Galloway, Esquir Martson DeardorffWillia s & Otto Ten East High Street I Carlisle, P A 17013-3093 (717)243-3341 , Attorney for Plaintif i Date: . ~ O~ Pro Se Defen1ant! ___ Date: ? (<( 0 t - . CERTIFICATE OF SERVICE I, Jean Taylor, an authorized agent of Marts on Deardorff Williams & Otto, hereby certify that a copy of the foregoing Order of Court was served this date by depositing s~me in thJ Post Office at Carlisle, P A, first class mail, postage prepaid, addressed as follows: Ms. Cheryl Hills 1038 W. 7th Street Apt. 14 Plainfield, NJ 07063-1596 MARTSON DEARDORFF W L By .?-" Jean aylor Te ast High Street Carlisle, P A 17013 (717) 243-3341 Date: April 5, 2005 & OTTO ~.~ ~ i-. ~ <;:.; ,-, I\- .lJ ~ ~ 't:.~ ~ .......s,~~ ~ ~ ~ ,~ .-> C:;:J = <J' ~ ~-n rnF '.".'8 '))1..- ::.~,C) :i:;-~ -0 C~) ~"') -;;; .~:::i-n o 0) ....A .. 5.1 o .....:... 0' - ::c ?J I -' - .r " F:\FlLES\DA T AFILE\DickinsonCollege7619\CoIIections\CUITcnt\255\255 slip2 Created: 2/3/05 4l1PM Revised: 3/3/05 3:11PM 7619(255 David R. Galloway, Esquire MARTSON DEARDORFF WILLIAMS & OTTO Ten East High Street Carlisle, P A 17013 (717) 243-3341 Attorneys for Plaintiff DICKINSON COLLEGE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL V A v. NO. 2004-05543 CIVIL ACTION-LAW CHERYL J. HILLS and LAMAR D. HILLS-SMITH, Defendants JURY TRIAL OF TWELVE DEMANDED STIPULATION AND AGREEMENT FOR ENTRY OF JUDGMENT AND NOW, comes Plaintiff DICKINSON COLLEGE by and through its atto eys, MARTSON DEARDORFF WILLIAMS & OTTO, and Defendant, Cheryl J. Hills, who sti ulate and agree as follows: I. Pa. R.C.P. 1037(c) provides that in all cases, the Court, on motion of a party may enter an appropriate judgment against a party upon admission. 2. Defendant, Cheryl J. Hills, agrees and admits that Judgment should be entered a ainst her in favor of Plaintiff in the amount of$12,545.92, plus costs of suit and interest of$2.29 ace per day from date of Judgment. 3. The parties agree that the Court, upon motion of Plaintiff, may enter Judg ent pursuant to this Stipulation without issuance of a Rule to Show Cause, and without fu her proceedings or notice. (l l. !I. Ii /) h/!d B~h~rffi~{:~~IS / 1038 W. 7th St. Unit 14 Plainfield, NJ 07063 Pro Se Defen/ant! ___ Date:? IS Lit - By David R. Galloway, Esquire Martson Deardorff Williams & Otto Ten East High Street Carlisle, PA 17013-3093 (717) 243-3341 Attorney for Plaintiff I Date: Z, ~ 0 c:;- ) i ~ . CERTIFICATE OF SERVICE I, Jean Taylor, an authorized agent of Marts on Deardorff Williams & Otto, herebyce ifythat a copy of the foregoing Order of Court was served this date by depositing same in the Pas Office at Carlisle, P A, first class mail, postage prepaid, addressed as follows: Ms. Cheryl Hills 1038 W. 7th Street Apt. 14 Plainfield, NJ 07063-1596 MA:TSON DE~ORFF WT~ & 0 TO By ?-' Jean aylor Te ast High Street Carlisle, P A 17013 (717) 243-3341 Date: AprilS, 2005 ~~ ~ ~ ~ I':' ~ \ ........ " "-.J ~ 't'. ~ -...\." o r; ~ ~ '- -)C. C(~~' -'-- ~> ,_., " , ~ '-,-~ --~ ~~~~ :::1 :..<: ,..., "'" <=> cJ' ~ ?J I -l -0 ::z ~ ;f.:n ...,.,S ;3~ --~ ~'\-. ::r-11 Qf") /-f'O S :!O :..(~ o o O~ - ry , .... F \F1LES\DAr...I,FI LF,\Dick;"-'Oll('"lltg,I(, I 'i\C()lb:1I(1ll:;\Cuntnl\~55\()nkt (ft,lItJ. M5'\15 \)-,\7,\:V1 .",.,.. Revised 4/5/05 11:5\lAM 7(,19C~55 David R. Galloway, Esquire MARTS ON DEARDORFF WILLIAMS & OTTO Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff RECEIVED APR 08 2005 r I DICKINSON COLLEGE, Plaintiff, IN THE COURT OF COMMON PLEAS F CUMBERLAND COUNTY, PENNSYL ANIA v. NO. 2004-05543 CIVIL ACTION-LAW CHERYL J. HILLS and LAMAR D. HILLS-SMITH, Defendants. JURY TRIAL OF TWELVE DEMANDE ORDER OF COURT AND NOW, this uiLday of ~ f' " \ ,2005, upon consideration of the a tached Stipulation and Agreement for Entry ofJudgment,judgment is hereby entered in favor of PI intiff, Dickinson College, and against Defendant, CHERYL J. HILLS, in the amount of$12,545. 2 plus costs of suit and interest accruing at $2.29 per day from date of Judgment. The Prothon tary is directed to enter and index this judgment accordingly. BY THE COURT, , J. (, for)'laintiff: ,.gavid R. Galloway, Esquire I.D. 87326 Ten East High Street Carlisle,PA 17013 )> Pro Se Defendant: ~s. Cheryl J. Hills 1038 W. 7th Street Apt. 14 Plainfield, NJ 07063-1596 o ti1 ..::. ~ ~ \,)j<';;!'- ~ <J. (:). '"\.- L;-<).- ,-J.<'j-:.J ........ q~1 ....- w>- d- c-~t ~ '-'....... ~ V ..... o ~~ ~ ~ 0 ~ ~ J""-3- ~\1; fO ~ ~ ": c- 0 --- ~ .!;!~) cs- ~ ~I ,. _/~ 1 / ~- c:;....-- ':'0 /0 ~ ('. .~<~,.';;... 0 -'7 . ~~) -0 J- ~ ....::> h ;) />0 o {:; ?!J}rA ----- David R. Galloway, Esquire MARTSON DEARDORFF WILLIAMS & OTTO Ten East High Street Carlisle, P A 17013 (717) 243-3341 Attorneys for Plaintiff DICKINSON COLLEGE, Plaintiff, IN THE COURT OF COMMON PLEAS F CUMBERLANDCOUNTY,PENNSYLV NIA v. NO. 2004-05543 CIVIL ACTION-LAW CHERYL J. HILLS and LAMAR D. HILLS-SMITH, Defendants. JURY TRIAL OF TWELVE DEMANDE TO: LAMAR D. HILLS-SMITH, DEFENDANT NOTICE OF ENTRY OF DEFAULT JUDGMENT You are hereby notified that on ~r'll;).(, , 2005, the following Judgme entered against you in the above-captione case as follows: was Principal plus interest through October 22, 2004: Interest from October 22, 2004 through April 25, 2005: Attorneys' fees: Total Judgment: $15,672 54 $ 423 65 3 062 25 $19,15844 Costs of suit and interest accruing at $2.29 per day from April 25, 2005, shall be ad ed to the Judgment for Defendant's failure to file an Answer to the Complaint. I hereby certify that the name and address of the proper person to receive this notice nder Pa. R. Civ. P. 236 is: Mr. Lamar D. Hills-Smith c/o Ms. Cheryl Hills 1038 W. 7th Street Apt. 14 Plainfield, NJ 07063-1596 By \ David R. Galloway Attorneys for Plaintiff Date: April 25, 2005 F:\FILES\DA T AFILE\DickinsonCollege7619\Collections\C..rrem\255\pra2 Created 4/14/05845AM Revised: 4/25/05 3:22PM 7619C255 David R. Galloway, Esquire MARTS ON DEARDORFF WILLIAMS & OTTO Ten East High Street Carlisle, P A 17013 (717) 243-3341 Attorneys for Plaintiff DICKlNSON COLLEGE, Plaintiff, IN THE COURT OF COMMON PLEAS F CUMBERLAND COUNTY, PENNSYL ANIA v. NO. 2004-05543 CIVIL ACTION-LAW CHERYL J. HILLS and LAMAR D. HILLS-SMITH, Defendants. JURY TRIAL OF TWELVE DEMANDE PRAECIPE TO THE PROTHONOTARY: Enter default judgment in the above-captioned action in favor of Plaintiff and against Defendant, Lamar D. Hills-Smith as follows: Principal plus interest through October 22, 2004: Interest from October 22,2004 through April 25, 2005: Attorneys' fees: $15,67 .54 $ 42 .65 3 06 .25 Total Judgment: $19,15 .44 Costs of suit and interest accruing at $2.29 per day from April 25, 2005, shall be add to the Judgment for Defendant's failure to file an Answer to the Complaint. I do hereby certifY that a written notice of intention to file this Praecipe (in the form tached hereto) was mailed to Defendant at his/her last known address on April 14, 2005, which d te was subsequent to the date default occurred and at least ten (10) days prior to the date of the P eClpe. F WILLIAMS & TTO (-- Dated: April 25, 2005 By David R. Galloway, Ten East High Street Carlisle, P A 17013 (717) 243-3341 Attorneys for Plaintiff - I'" I'III'S"[),.\T.\I'II F.n;ch",'""C, 'c.~,,;',i" (','ikcll'Hh'('lL'HI1\"" Ind.\\'lh'l Cr~"l~d .j, I.j:il) ~ )',\~.1 f(L\;-".c!' l' Ilil~ ~'5~,\\1 761 <J(' ~55 David R. Galloway, Esquire MARTS ON DEARDORFF WrLLIAMS & OTTO Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff DICKINSON COLLEGE, Plaintiff, IN THE COURT OF COMMON PLEAS F CUMBERLAND COUNTY, PENNSYL ANIA v. NO. 2004-05543 CIVIL ACTION-LAW CHERYL J. HILLS and LAMAR D. HILLS-SMITH, Defendants. JURY TRIAL OF TWELVE DEMANDE TO: LAMAR D. HILLS-SMITH IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A W TTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WIT THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINS YOu. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOT CE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YO MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU D 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 AB E TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER EGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, P A 17013 Telephone:(717) 249-3166 Date: April 14, 2005 M~;~QN QE'l~ By. .J "f . DavicfR. Galloway, Esquire (. LD. 87326 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff WILLIAMS & 0 TO .. CERTIFICATE OF SERVICE I, Jean Taylor, an authorized agent of MARTS ON DEARDORFF WILLIAMS & 0 TO, hereby certify that a copy of the foregoing Praecipe was served this date by depositing same n the Post Office at Carlisle, P A, first class mail, postage prepaid, addressed as follows: Mr. Lamar D. Hills-Smith c/o Ms. Cheryl Hills 1038 W. 7th Street Apt. 14 Plainfield, NJ 07063-1596 MARTSON DEARDORFF WILLIAMS & 0 TO ~ , , ~ .' -".. ~ ,// B aylor Te ast High Street Carlisle, PA 17013 (717) 243-3341 Dated: April 25, 2005 0 "> = ~ c~ = "'~ c.n ^ 0 "'+ 92;:;;; :>>- :t::n .~ N:) -" ;;0 mr:;; \:> *= ~ I 0 ;.:-:c N :0 ..\- (,r.J..'. ~ 0 -.~' cr, _IJ? c;. - ~ ~~':.':, 0 ~ " :::;:J~ --- - ~ :f;c; -.. ~:~j i~ ~ ~ ~ ..t:: c (~5 iT] vJ -<.J ~ 2 :-l * -c: =< w ~iJ ~ -t ....., .< - J...) c;:- ~ -...- F: \FILES\DA T AFILE\DickinsonCollege7619ICollectionsICurrent\25 51pr.3 Cre.ted: 4/14/05 8:45AM Revised: 9/28106 9: II AM 7619C.255 Christopher E. Rice, Esquire MARTSON DEARDORFF WILLIAMS & OTTO Ten East High Street Carlisle, P A 17013 (717) 243-3341 Attorneys for Plaintiff DICKINSON COLLEGE, Plaintiff, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2004-05543 CIVIL ACTION-LAW CHERYL J. HILLS and LAMAR D. HILLS-SMITH, Defendants. JURY TRIAL OF TWELVE DEMANDED PRAECIPE TO THE PROTHONOTARY: Please mark the above captioned matter settled and discontinued against Defendant CHERYL J. HILLS only and the judgment as it pertains to Defendant CHERYL J. HILLS satisfied. MARTSON DEARDORFF WILLIAMS & OTTO Dated: I LJ 'f )()b BY&~>-~ Christopher E. Rice, Esquire Ten East High Street Carlisle, P A 17013 (717) 243-3341 Attorneys for Plaintiff ~~;;Y :rJ ~ ~ "' O\'t ~ ~ ~ 0- ) ~ 0 r-:> = () c: = -n ~':' 0'" (::) :2 C) "'n -l ~-~\ 1 F"" I ~'\., CD :2, '--' <.J1 , ::\ ~-.:~i -0 ~.":~ (~~~ (~') nl .c- .. .\ ("::t ~.o c-' .< .-'