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HomeMy WebLinkAbout04-5918 FWILESIDA T AFILEIDickinsonCoIlege761 9lCoIlectionslCurrent\283,coml. wpd Created 4/28/03 1 54 03 PM Revised 11123/04 11 31 00 AM 7619c 283 . 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. 04- S9/~ uUJ CNIL ACTION-LAW DICKINSON COLLEGE, Plaintiff GEORGE W, COLE, Defendant. 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 Dated: November 23, 2004 By ( David R. Galloway, Esquire I. D. Number 87326 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff F.IFILESIDA T AFILEIDickinsonCollege761 9lCollectionslCurrentl283-com t. wpd Created: 11/23/04 1l:28AM Revised: 11/23/04 11 31 AM 7619C283 David R. Galloway, Esquire MARTSON DEARDORFF WILLIAMS & OTTO Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff DICKINSON COLLEGE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 04- CIVIL ACTION-LAW GEORGE W. COLE, Defendant. 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 George W, Cole is an adult individual with a last known address of 130 Susan Drive, Trenton, NJ 08638-1559. 3. On or about September 22, 1992, Defendant entered into a Promissory Note - Federal Perkins Loan Program (Note #1) with Plaintiff for the financing of$2,250.00plus interest and costs by Defendant on his own behalf, for educational services and benefits at Plaintiffs institution. A copy of Note #1 is attached hereto as Exhibit "A." 4. On or about October 6, 1993, Defendant entered into an additional Promissory Note- Federal Perkins Loan Program (Note #2) with Plaintiff for the financing of$2,150,OO plus interest and costs by Defendant on his own behalf, for educational services and benefits at Plaintiffs institution. A copy of Note #2 is attached hereto as Exhibit "B." 5. On or about September 19, 1991, Defendant entered into an additional Promissory Note - Federal Perkins Loan Program (Note #3) with Plaintiff for the financing of $2,250.00 plus interest and costs by Defendant on his own behalf, for educational services and benefits at Plaintiff s institution. A copy of Note #3 is attached hereto as Exhibit "c." 6, On or about August 22, 1990, Defendant entered into an additional Promissory Note- Federal Perkins Loan Program (Note #4) with Plaintiff for the financing of$2,250.00 plus interest and costs by Defendant on his own behalf, for educational services and benefits at Plaintiffs institution. A copy of Note #4 is attached hereto as Exhibit "D." 7. Note #1, Note#2, Note#3 and Note #4 are funds created under Part E of Title IV of the Higher Education Act of 1965 as amended, (hereinafter the "Act") and are subject to the Act and the Federal Regulations issued under the Act. 8. 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. 9, The total principal for Note #1, Note#2, Note#3 and Note #4 is $8,900,00, 10. Note #1, Note#2, Note#3 and Note #4 grant Plaintiff reasonable collection and attorney's fees which Plaintiff has calculated to be $1,034.27. 11 As of September 30, 2004, the principal and interest due and payable by Defendant to Plaintiff was $6,895.12, plus interest accruing thereafter at $.65 per day. 12. As of September 30, 2004, the outstanding balance of$6,895,12 represents the total and actual overdue value of the financing provided to Defendant under Note #1, Note #2, Note#3 and Note#4 for which Defendant has yet to pay. 13, Plaintiffhas fulfilled, performed and complied with all obligations and conditions of Note #1, Note #2, Note#3 Note#4. COUNT I BREACH OF CONTRACT 14. Plaintiff hereby incorporates by reference the averments contained in Paragraphs 1 through 13 of this Complaint. 15. Defendant breached the expressed and implied obligations, conditions and terms of agreement of Note #1, Note#2, Note#3 and Note #4 by failing to pay the amounts financed therein, WHEREFORE, Plaintiff demands judgment against Defendant in the amount of $6,895 .12, plus interest accruing at $.65 per day from September 30,2004, collection and attorneys' fees in the amount of$1,034.27 and costs of suit. COUNT II IN QUANTUM MERUIT 16. Plaintiffhereby incorporates by reference the averments contained in Paragraphs 1 through 15 of this Complaint. 17. Having requested Plaintiff to loan money, and doing so to the benefit of Defendant, Defendant became liable to Plaintiff for said money. 18, Defendant has been unjustly enriched by accepting said money without paying Plaintiff reasonable compensation therefor. 19. As of September 30,2004, the total amount by which Defendant has become enriched is $6,895,12, plus interest in the amount of $.65 per day from September 30,2004. WHEREFORE, Plaintiff demands judgment against Defendant George W. Cole, in the amount of $6,895.12, plus interest in the amount of $.65 per day from September 30, 2004, collection and attorneys' fees in the amount of$I,034.27 and costs of suit. MARTSON DEARDarF WILLIAMS & OTTO By David R. Galloway LD. Number 87326 Ten East High Street Carlisle, P A 17013-3093 (717) 243-3341 Attorneys for Plaintiff , Date: November 23, 2004 Promissory Note - Perkins Loan I, George W. Co 1 e , promise to pay to Dickinson College (hereinaner called lhe Institution), located at Car 1 i s 1 e. PA 17013.!he sum nf Ihe amounts lhat are advanced to me and endorsed in the Schedule of Advances set forth belnw. I prnmise 10 pay all reasonable collcclion cosl., iocluding attorney fees and other charges, necessary for the colleclion of any amoUnt not paid when due. 1 further undersland arm ..,e Ihat: I. General (I) Applicable Law. All sums advanced under this note are drawn from a fund crealed under Part E of Title IV of Ihe Higher Educalion Ad 01 1965, as amended (hereinafter called Ihe Act), and 31'e subject to the Act and the Federal Regulations issued under the Act. The terms 01 this no Ie shall be inlerpreted in accordance with Ihe Act and Federal Regulations, copies of which are 10 be kepi by the Institution. (2) Procedures For Receivill,lt Deferment or Cancellation. I understand that 10 receive a deferment or cancellation, I must requestlhe delermenl or cancellalion in writing from the Institulion, and must submit to the Institution any documentation required by the Institution to prove Ihat I qualify for Ihe deferment or cancellation. I further understand that if I am eligible for deferment or cancellation under Articles VI through XII, I am responsible for submitting the appropriale requesls on lime. I further understand Ihatl may lose my deferment and cancellalion benefits if I fail 10 file my request on time. II. Interest Interesl shall accrue from the beginning of Ihe repayment period and shall be a1the ANNUAL PERCENTAGE RATE OF FIVE PERCENT (S%) on the unpaid balance, exceplthat no interest shall accrue during any deferment period described in p3I'agraph VI(I). III. Repavment (1) I promise to repay the principal and Ihe interest that accrues on il to the Instilution over a period beginning nine (9) months afler Ihe date I cease to be at least a half-time regular student at an inslitution of higher educalion, or at a comparable instilution outside lhe Uniled Slales approved lor Ihis purpose by Ihe United States Secretary of Education (hereinafter called the Secretary). and ending ten (10) years later, unless thaI penod is Ishortened under paragraph 10(5), or) extended under paragraphs In(4), 1II(7) (extensions), or VI(I) (deferments). (2) Upon my written request. the repayment period may start on a date earlier than the one indicaled in paragraph 11I(1). (3)(A) I promise 10 repay the principal and intere..t over lhe course of the repaymenl period in equal monthly, bimonthly, or quarlerly installments, as delermined by the Institulion. I understand that if my instaUment payment for alllhe loans made to me by the Inslitullon is nol a muhiple of $5. the Instilution may round that payment to the next highest doUar amount that is a multiple of $5. (B) NOlwilhstanding paragraph D1(3)(A), upon my written request, repayment may be made in gradualed inslaUmenls in accordance wilh a schedule approved by the Secretary. (4) Notwithstanding p3l'agraph m(l), if I qualify as a low,income individual during the repaymenl period, Ihe Institution, upon my wrillen request. may extend Ihe repayment period for up 10 an addilional ten (10) years and may adjust any repayment schedule 10 reflect my income [(5)(A) If Ihe monthly rale Ihal would be established under paragraph III(I), or the total monthly repayment rale of principal and inlerest on all my Perkins Loans, including this loan, is less than $30 per month, I shaU repay Ihe principal and interesl on this loan al the rate of $30 per monlh (which includes both principal and interesl). (5)(B) If I have received Perltins Loans from olher instilutions and the total monthly repayment rale on lhose loans is less Ihan $30. lhe S30 monthly payment eslablished under subparagraph 1II(5)(A) includes the amounts I owe on all my outstanding Perkins Loans, including Ihose rcceived from olher institulions. The portion of the $30 monthly payment that will be applied 10 Ihis loan will be Ihe difference between $30 and Ihe 10la1 01 the amounts owed al a monlhly rale on my other Perkins Loans. (6) The Inslitulion may permit me 10 pay less Ihan the rale of $30 per month for a period of nol more than one (I) year where necessary 10 avoid hardship to me unless Ihat aclion wnuld extend the repayment period in paragraph 111(1).) (7) The Instilution may, upon my wrillen reques~ reduce any scheduled repayments or extend the repayment period indicated in paragraph 11I(1), if, in its opinion, circumslances such as prolonged illness or unemploymenl prevent me from making Ihe scheduled paymenls. However, inlere.t .hall continue to accrue. IV. Prepayment (I) I may, at my oplion and without penalty. prepay all or any part of the principal, plus any accrued interest thereon, at any lime. (2) Amounts I repay in the academic year in which the loan was made and the initial grace period ha.. not ended will be used 10 retluce Ihe amount of the loan and will not be considered a prepayment. (3) If I repay amounts during the academic year in which the loan was made and the inilial grace period ended, only those amounl. in c.ce<< of Ihe amount due for any repayment period shall be considered a prepayment. (4) If, in an academic year other than the award year in which the loan was made, I repay more than Ihe amount due for an installment. the excess will be used 10 repay principal unless J designale it as an advance payment of Ihe nexl regular installment. V. Default (I) The 1nstilution may, at its oplion. declare my loan 10 be in defaull and may demand immediate payment of Ihe entire unpaid balance 01 Ihe loan, including principal. interest, late charges. and collection costs, if - (A) I do nol make a scheduled payment when due under Ihe repayment schedule estahlished by Ihe Instilulion, and (B) I do not submit 10 Ihe Inslitl/tion, on or belore the dale on which payment is due, documenlalion Ihat I qualify for a defermenl or cancellahon described in Articles VI, VII, VIII, IX. X, XI, or XII of Ihis agreement. (2) I understand Ihal if I default on my loan. lhe Institution may disclose that I have delaulled, along wilh other relevant informalinn. to nedll f')Ureau organizations (3) Furlher, I understand thai if I defaull on my loan and the loan is assigned 10 Ihe Secrelary lor collection. the Secretary may disclose thaI J have defaulted. along with other relevant information. 10 credit hureau organizalions. (4) I understand thai il I default on my loan. Ilhen will lose my righllo deler repayments. I of 4 Pl',km, Ltt::tn EXHIBIT "A" (5) I unde<<tand that if Ihe Institution accelerates Ihe loan under paragraph V( I). I then willl".c lilY right to receive a cancellation "f a p"rlion of my loan for any teaching, Head Start, military. volunteer, law enforcement, or corrections service descn""d in Articles VII. VIII. IX, X, and Xl rerformed after the dale lhe Inslilulion acceleraled Ihe loan. (6) I undersland thai failure 10 pay this obligalion under Ihe terms agreed upon will prevenl my oblaining additional sludent linancial aid authorized under Title IV of the Higher Education Acl of 1965, as amended, until I have made arrangemenls thaI are salisfactory to Ihe Inslitution or the Secretary regarding the repayment of the loan. V!. Deferment (l) I undersland Ihal upon making a properly documenled wrillen request 10 the Instilution. I may defer making scheduled installmenl paymenls. and will nol he liable for any inleresl thai might otherwise accrue. during the following periods: (A) While I am enrolled and in a\lendance as at least a half-time regular student at an inslitution of higher educatIOn or al a comparable institution outside the Uniled States approved for this purpose by the Secrelary. (8) For any period nollo e~ceed Ihree (3) years during which I am - (i) On full-time active duly as a member of the Armed Forces of the Uniled Stales (Army, Navy. Air Force, Marine Corps, or Co..st Guard) or the National Oceanic and Almospheric Administralion Corps, or as an officer on full-time active duly in the Commissioned Corps of the Uniled States Public Health Service. (ii) In service as a volunleer under the Peace Corps Acl. (iii) A volunleer under Ihe Domestic Volunteer Service Acl of 1973 (ACTION programs), (iv) A full,time volunteer in a tax-exempl organization performing service comparable to the service performed in the Peace Corps or under the Domestic Volunteer Service Act of 1973 (ACTION programs), or (v) Temporarily tolally disabled as eslablished by an affidavil of a qualified physician. or unable 10 secure employmenl because I am providing care required by my dependenl who is so disabled. (C) For a period not in excess of Iwo (2) years - (i) After I receive a baccalaureate or professional degree during which time I am serving in an inlernship that is required in order that I may receive professional recognition required to begin my professional practice or service, or (ii) Serving in an internship or residency program leading 10 a degree or certificale awarded by an inslilulion of higher educalion. a hospilal, or a heallh-care facilily thai offers poslgraduate training. (D) For a reriod not in excess of one (I) year during which, if I am a molher of preschool age children, I have entered or reenlered Ihe work force. and am being paid at a rate thai does not exceed $1 more than the minimum hourly wage eslablished by seclion 6 of the Fair Labor Standards Act of 193ft. (E) For a period nol in excess of six (6) monlhs - (i) That follows by six (6) monlhs or less a period during which I was enrolled as at leasl a half-time regular studenl at an eligible institution; and (ii) During which I am pregnant, caring for my newborn baby, or caring for a child immediately aller he or she was placed with me through adoption and I am neilher allending an eligible inslitulion of higher eUucalion nor gainfully employed. (F) During a six (6) month reriod immediately following the expiration of any delerment provided in paragraphs VI(I)(A) through VI(I)(E). (2) The Institution may, upon my written request, defer my scheduled repayments if il delermines that the deferment is necessary to avoid a financial hatdship for me. Inlerest, however, will continue to accrue. VI!. Cancellation for TeachinR (I) I undersland thai upon making a properly documenled wrillen requesl to Ihe Institution, I am entitled to have up to 100 percent of Ihe amouot of this loan plus the interesl thereon canceled if 1 perform service - (A) As a full.time teacher in a public or other nonprofil elemenlary or secondary school in the school districl of a local educalional agency Ihal is eligible in such year of service for funds under Chapter I of the Education Consolidation and Improvement Act of 1981, as amended, and which has been designaled by the Secrelary (afler consullalion wilh each Slale Departmenl of Education) in accordance wilh Ihe provisions of section 465(a)(2) of the Acl as a school wilh a high concentration of sludenls from low-income families. An official Directory of designated low-income schools is published annually by the Secretary. (B) As a full-time teacher of handicapped children (including those who are menially relarded, hard-of-hearing. deaf, speech- and language- impaired. visually handicapped. seriously emotionally disturbed. orthopedically impaired. have specific leaming disabililies, or are otherwise health- impaired children, who by reason lhereof require special education and related services); in a public or olher nonprofit elementary or secondary school system. (2) A portion nf this Inan will be canceled for each completed year of teaching service at the following rales: (A) IS percent of Ihe lolal principal amount of the loan plus inlerest on the unpaid balance accruing during that year will be canceled for each of lhe firsl and second complete academic years of lhalleaching service, (B) 10 percent of the tolal principal amount plus interest on the unpaid balance accruing during that year for each of the third and fourth compl"e academic years of that teaching service, and (C) 30 percent of the lotal priocipal amounl plus interesl on the unpaid balance accruing during that year for the lifth complete academic year of that teaching service. VIII. Head Slart Cancellalion (I) 1 understand thai upon making a properly documented written requesl to the Institution, I am enlitled to have up to 100 percenl of the amount of Ihis loao plus the inlerest thereon canceled if I perform service as a lul!-time staff member in a Head Start program if - (A) ThaI Head Start program IS operated for a reriod thaI is comparable to a full school year III the 10calilY, and (8) My salary is nol more than lhe salary of a comparable employee 01 Ihe local educalional agency. (2) This loan will be canceled althe rate of 15 percent of the total principal amounl plus interesl on the unpaid balance accruing during that year for each complete school year or equivalent period of serv.ce in a Head Start program. (3) Head Start is a preschool program carried oul under the Head Start Act. 2 of 4 Perk",s Loan IX. Mililary Cancellalion (I) I undersland thaI upon making a properly documenled wrillen request 10 the Institution. I am entitled to have up to 50 percent "f Ihe principal amount of lhis loan plus lhe inlerest Ihereon canceled if I serve as a mem""r of Ihe Anned Forces of Ihe United States in an area of hostilities that qualifies for special pay under section 310 of Title 37 of the United States Code. (2) This loan will he canceled at the rale of 12 1/2 percenl of the tolal principal amounl plus inlerest On Ihe unpaid balance accruing dunng lhat year for each complete year of such service. X. Volunteer Service Cancellation (I) I undcrsland Ihat upon making a properly documented written request to the Institution. I am enlilled 10 have up 10 70 percenl of the amOllnl of this loan plus the interest thereon canceled if I perform service - (A) As an volunleer under Ihe Peace Corps Act; or (B) As a volunteer under lhe Domestic Volunleer Service Act of 1973 (ACTION programs). (2) This loan will be canceled al the following rales: (A) 15 percent of the lolal principal amount of the loan plus interest on the unpaid halance accruing during that year will he canceled for each "f the first and second twelve (12) month periods of volunteer service completed; (B) 20 percent of the tolal principal amounl of the loan plus inlerest on the unpaid balance accruing during that year will be canceled fm each of the third and fourth twelve (12) month periods of volunteer service compleled. XI. Law Enforcement or Corrections Officer Cancellation (I) I undersland Ihat upon making a properly documented wrillen request to the lnslitution. I am enlilled to have up 10 100 percenl of lhe amount of this loan plus the interest thereon canceled if I perform qualifying service afler Ihe period for which I received Ihe loan - (A) As a full-time law enforcement omcer for an eligible local. State. or Federal law enforcement agency; or . (B) As a full-lime cOlTeclions officer for an eligible local. Stale. or Federal corrections a~ncy. (2) A portion of Ihis loan will be canceled for each completed year of law enforcement or corrections service althe following ratcs' (A) 15 percent of the total principal amount of the loan plus interest on the unpaid balance accruing during Ihat year for each of Ihe first ami second complele years of Ihat service, (B) 20 percenl of Ihe total principal amount plus interest on the unpaid halance accruing during that year for each of lhe third and f\lunh complete years of that service. and (C) 30 percent of Ihe total principal amount plus interest on the unpaid balance accruing during the year for the fifth complete year "f Ihal service. XII. Death and DisabililY Cancellation (1) In the evenl of my dealh. Ihe lolal amounl owed on Ihis Joan will be canceled. (2) If I hecome pennanenlly and totally disabled after I receive Ihis loan. Ihe Inslitulion will cancel the total amounl of this loan. XIII. Chan~e in Name. Address, Telephone Number. or Social Security Number I am responsible, and any eodorser is responsible. for infonning the 1nslitution of any change or changes in name. addre<<. teleph,'nl' numher. '" Social Security number. XIV. Late Charl\e (I) The Institution will impose a late charge if - (A) I do not make a scheduled payment when il is due. and (B) I do not submit to the Institution, on or before the date on which payment is doe. documentation lhat I qualify for a defermenl (If caocellal1pn described in Articles VI. vn, vm, IX, X, XI. and XII of this agreement. (2) No charge may exceed 20 percent of my monthly. bimonthly, or quarlerly payment. (J)(A) The 1nstilution may - (i) Add the late charge to Ihe principal the day after the scheduled repayment was due; or (ii) Include it with the next scheduled repayment after I have received notice of Ihe late charge. (B) If the Inslilution elects to add the late charge 10 lhe outstanding principal of Ihe loan, il mUst so inform me before Ihe due dale pf Ihe Ill'" installment. XV. Assil\nmenl (I) This note may be assigned by the Inslilution only to - (A) The United States; (B) Another instilution upon my transfer to Ihal institution if that institution is participating in this program; or (C) Another institulion approved by Ihe Secretary. (2) The provisions of this nole Ihat relate to Ihe Instilution shall, where appropriale. relate to an assignee. XVI. Prior Loans I hereby certify Ihat1 have listed below all of Ihe Perkins Loans 1 have oblained al other instilutions. (If no prior loans have been "'leived. 'laIc "None.") PERKINS LOANS AT OTHER INSTITUTIONS Amount Date Institution 2 4 ~ "f 4 P("rklll" Loan XVII. Swedule of Advances The following amounls Were advanced 10 me under this loan agreement on the dates indicated: Amount Date Signature of Borrower $1125.00 $1125.00 9/1/92 1/26/93 () 'I . ~.---C..,_..,-C, , c- "I f/ T i r, r-(.., (, r' '-or J' l' c..,,~_ (-~ 2 3 4 NOTICE TO BORROWER: DO NOT SIGN THIS NOTE BEFORE YOU READ IT. I UNDERSTAND AND AGREE TO ALL OF THE FOREGOING TERMS AND CONDITIONS. (This note is signed as a sealed instrument) '71. -----'"" \....JJ Signalure 'r-<-"'- ~ 7A'_ " I..., -z.-;' ..., Dale "( ( <- , 19.2-'- ( L- \...-~\ [(stal)/ Permanent Address (Street or Bo~ ~umber, City, Slate, and ~ip Code) ! :- 'v'>", ,'", j,: ,- , - r <i < \ \ c \~ -f"'v' S -' ~ I ~ ' " !".' ,,? C' ::' Social Security Number (borrower must provide) The borrower and Institulion shall execute Ihis note withoul security and without endorsement unless the borrower is a minor and this note would not. under the law of the Slate in which the Institution is located, creale a binding obligation. If the borrower is a minor and this note would nol therefore be legally binding, the Institution shall require a cosigner to this note. I '1. < -- C:;' LI - ; I":' --- I agree to repay all amounls due on this loan if the borrower fails to do so in accordance with the terms of the note. Signature of cosigner [ (seal)1 Dale ,19_ Permanent Address (Slreel or Boa Number, City, State, and Zip Code) Social Security Number (cosigner musl provide) The Institution shall provide a copy of this note to you and any cosigner and you should retain the copy for your records. (Authority: 20 U.S.C.l087dd) 4 of 4 Perki", Loan -09 Promissory Note-Federal Perkins Loan Program [Any bracketed clause or paragraph may be included at option of institution.] I, bPnrgp W. Cplp . ,promisetopayto Dickinson Col1eQe (hereinafter called the Institution), located at Car 11 s 1 e. PA 17013-2896 , the sum of the amounts that are advanced to me and endorsed in the Schedule of Advances set forth below. I promise to pay all reasonable coIlection costs, including attorney fees and other charges, necessary for the collection of any amount not paid when due. I further understand and agree that: I. General (I) Applicable Law. All sums advanced under this note are drawn from a fund created under Part E of Title IV of the Higher Education Act of 1965, as amended (hereinafter called the Act), and are subject to the Act and the Federal regulations issued under the Act. The terms of this note shall be interpreted in accordance with the Act and Federal regulations, copies of which are to be kept by the Institution. (2) Procedures for ReceivinJ!: Deferment. Cancellation. or Forbearance. I understand that, to receive a deferment, canceIlation, or forbearance, I must request the deferment, cancelIation, or forbearance in writing from the Institution and must submit to the Institution any documentation required by the Institution to prove that I qualify for the deferment, canceIlation, or forbearance. I further understand that, if I am eligible for deferment, cancellation, or forbearance under Articles VI through XIV, I am responsible for submitting the appropriate requests on time. I further understand that I may lose my deferment, canceIlation, and forbearance benefits if I fail to file my request on time. n. Interest Interest shall accrue from the beginning of the repayment period and shall be at the ANNUAL PERCENTAGE RATE OF FIVE PERCENT (5%) on the unpaid balance, except that no interest shall accrue during any deferment period described in Article Vll. ill. Repavment (1) I promise to repay the principal and the interest that accrues on it to the Institution over a period beginning nine (9) months after the date I cease to be at least a half-time regular student at an institution of higher education, or at a comparable institution outside the United States approved for this purpose by the United States Secretary of Education (hereinafter called the Secretary), and ending ten (10) years later, unless that period is [shortened under paragraph ill(5), or] extended under paragraphs ill(4), ill(?) (extensions), Vll(I), or Vll(3) (deferments). (2) Upon my written request, the repayment period may start on a date earlier than the one indicated in paragraph m(I). . (3)(A) I promise to repay the principal and interest over the course of the repayment period in equal monthly, bimonthly, or quarterly installments, as determined by the Institution. I understand that, if my installment payment for all the loans made to me by the Institution is not a multiple of $5, the Institution may round that payment to'the next highest dollar amount that is a multiple of $5. (B) Notwithstanding paragraph ill(3)(A), upon my written request, repayment may be made in graduated installments in accordance with a schedule approved by the Secretary. (4) Notwithstanding paragraph ill(I), if I qualify as a low-income individual during the repayment period, the Institution, upon my written request, may extend the repayment period for up to an additional ten (10) years and may adjust any repayment schedule to reflect my income. [(5)(A) If the monthly rate that would be established under paragraph ill(1), or the total monthly repayment rate of principal and interest on all my Federal Perkins Loans, including this loan, is less than $40.00 per month, I shall repay the principal and interest on this loan at the rate of $40.00 per month (which includes both principal and interest). (5)(B) If I have received Federal Perkins Loans from other institutions and the total monthly repayment rate on those loans is less than $40.00 the $40.00 monthly payment established under subparagraph ill(5)(A) includes the amounts I owe on all my outstanding Federal Perkins Loans, including those received from other institutions. The portion of the $40.00 monthly payment that will be applied to this loan will be the difference between $40 . 00 and the total of the amounts owed at a monthly rate on my other Federal Perkins Loans. (6) The ,Institution may permit me to pay less than the rate of $40.00 per month for a period of not more than one (I) year where necessary to avoid hardship to me unless that action would extend the repayment period in paragraph li(I).] (7) The Institution may, upon my written request, reduce any scheduled repayments or extend the repayment period indicated in paragraph m(l), if, in its opinion, circumstances such as prolonged illness or unemployment prevent me from making the scheduled repayments. However, interest shall continue to accrue, IV. Prel'ayment (I) I may, at my option and without penalty, prepay all or any part of the principal, plus any accrued interest thereon, at any time, (2) Amounts I repay in the academic year in which the loan was made and the initial grace period has not ended will be used to reduce the amount of the loan and will not be considered a prepayment, (3) If I repay amounts during the academic year in which the loan was made and the initial grace period ended, only those amounts in excess of the amount due for any repayment period shall be considered a prepayment. (4) If, in an academic year other than the award year in which the loan was made, I repay more than the amount due for an installment, the excess will be used to repay principal unless I designate it as an advance payment of the next regular installment. V. Default (1) The Institution may, at its option, declare my loan to be in default and may demand immediate payment of the entire unpaid balance of the loan, including principal, interest, late charges, and collection costs, if-- (A) I do not make a scheduled payment when due under the repayment schedule established by the Institution; and (B) I do not submit 10 the Institution, on or before the dale on which payment is due, documentation that I qualify for a deferment, cancellation, or forbearance as described in Articles VI, vn, vrn. IX, X, XI, XII, XIII, or XIV of this agreement. (2) I understand that the Institution may disclose to credit bureau organiz.ations the amount of loans made to me, along with other relevant Page 1 of 4 Federal Perkins/July 1993 EXHIBIT liB" . information. (3) I understand that, if I default on my loan, the Institution may disclose that I have defaulted, along with other relevant information, to credit bureau organizations. (4) Further, I understand that, if I default on my loan and the loan is assigned to the Secretary for collection, the Secretary may disclose that I have defaulted, along with other relevant information, to credit bureau organizations. (5) I understand that, if I default on my loan, I will lose my right to forbearance. (6) I understand that, if I default on my loan, I will lose my right to defer repayments. (7) I understand that, if the Institution accelerates the loan under paragraph V(l), I will lose my right to receive a cancellation of a portion of my loan for any service described in Articles vm, IX, X, XI, XII, XIll, or XIV performed after the date the Institution accelerated the loan. (8) I understand that failure to pay this obligation under the terms agreed upon wiIl prevent my obtaining additional student financial aid authorized under Title IV of the Higher Education Act of 1965, as amended, until I have made arrangements that are satisfactory to the Institution or the Secretary regarding the repayment of the loan. VI. Forbearance (1) I understand that, upon making a properly documented written request to the Institution, I am entitled to be granted forbearance of principal and interest or principal only, renewable at 12-month intervals, for a period not to exceed three years, if- (A) My debt burden equals or exceeds 20 percent of my gross income; or (B) The Institution determines that I qualify for other reasons. VII. Defennent (1) I understand that, upon making a properly documented written request to the Institution, I may defer making scheduled installment payments and will not be liable for any interest that might otherwise accrue during the following periods: (A) For any period that I am- (i) Enrolled and in attendance as a regular student in at least a half-time course of study at an eligible institution; (ii) Enrolled and in attendance as a regular student in a course of study that is part of a graduate fellowship program approved by the Secretary; (iii) Engaged in graduate or post-graduate fellowship-supported study (such as a Fulbright grant) outside the United States; or (iv) EnroIled and in attendance in a course of study that is part of a rehabilitation training program for disabled individuals approved by the Secretary. (B) For any period that I am engaged in service described in Articles vm, IX, X, XI, XII, XIll, or XIV of this agreement, (C) For a period not to exceed three (3) years during which-- (i) I am seeking and unable to find full-time employment; or (ii) For any reason that my Institution determines has caused or will cause me to have an economic hardship. (2) I understand that I am not eligible for a deferment under paragraph (Vll)(l)(A) while I am serving in a medical internship or residency program. (3) I understand that I may continue to defer making scheduled installment payments and wiIl not be liable for any interest that might otherwise accrue for a six (6) month period immediately following the expiration of any deferment provided in paragraph VII(1). vm, Teachinlt Cancellation (1) I understand that, upon making a properly documented written request to the Institution, I am entitled to have up to 100 percent of the amount of this loan plus the interest thereon canceled if I perform qualifying service after the period for which I received the loan- (A) As a full-time teacher in a public or other nonprofit elementary or secondary school in the school district of a local educational agency that is eligible in such year of service for funds under Chapter 1 of the Education Consolidation and Improvement Act of 1981, as amended, and which has been designated by the Secretary (after consultation with each State Department of Education) in accordance with the provisions of section 465(a)(2) of the Act as a school with a high concentration of students from low-income families. An official Directory of designated low-income schools is published annually by the Secretary; (B) As a full-time special education teacher (including teachers of infants, toddlers, children, or youth with disabilities) in a public or other nonprofit elementary or secondary school system, or as a full-time qualified professional provider of early intervention services in a public or other nonprofit program under public supervision by the lead agency as authorized in section 676(b)(9) of the Individuals With Disabilities Education Act; or (C) As a full-time teacher of mathematics, science, foreign languages, bilingual education, or any other field of expertise that is determined by the State Department of Education to have a shortage of qualified teachers. (2) A portion of this loan will be canceled for each completed year of teaching service at the following rates: (A) 15 percent of the total principal amount of the loan plus interest on the unpaid balance accruing during that year for each of the first and second complete academic years of that teaching service; (B) 20 percent of the total principal amount of the loan plus interest on the unpaid balance accruing during that year for each of the third and fourth complete academic years of that teaching service; and (C) 30 percent of the total principal amount of the loan plus interest on the unpaid balance accruing during that year for the fifth complete academic year of that teaching service. IX. Head Start Cancellation (1) I understand that, upon making a properly documented written request to the Institution. I am entitled to have up to 100 percent of the amount of this loan plus the interest thereon canceled if I perform qualifying service after the period for which I received the loan as a full-time staff member in a Head Start program if- (A) That Head Start program is operated for a period that is comparable to a full school year in the locality; and Page 2 of 4 Federal Perkins/July 1993 (B) My salary is not more than the salary of a comparable employee of the local educational agency. (2) This loan will be canceled at the rate of 15 percent of the total principal amount of the loan plus interest on the unpaid balance accruing during that year for each complete school year or equivalent period of service in a Head Start program. (3) Head Start is a preschool program carried out under the Head Start Act, X. Military Cancellation (1) I understand that, upon making a properly documented written request to the Institution, I am entitled to have up to 50 percent of the principal amount of this loan plus the interest thereon canceled if I serve as a member of the Armed Forces of the United States in an area of hostilities that qualifies for special pay under section 310 of Title 37 of the United States Code. (2) This loan will be canceled at the rate of 12 1/2 percent of the total principal amount of the loan plus interest on the unpaid balance accruing during that year for each complete year of such qualifying service after the period for which I received the loan. XI. Volunteer Service Cancellation (1) I understand that, upon making a properly documented written request to the Institution, I am entitled to have up to 70 percent of the amount of this loan plus the interest thereon canceled if I perform qualifying service after the period for which I received the loan- (A) As a volunteer under the Peace Corps Act; or (B) As a volunteer under the Domestic Volunteer Service Act of 1973 (ACTION programs). (2) This loan will be canceled at the following rates: (A) 15 percent of the total principal amount of the loan plus interest on the unpaid balance accruing during that year for each of the first and second twelve (12) month periods of volunteer service completed; and (B) 20 percent of the total principal amount of the loan plus interest on the unpaid balance accruing during that year for each of the third and fourth twelve (12) month periods of volunteer service completed. XII. Law Enforcement or Corrections Officer Cancellation (1) I understand that, upon making a properly documented written request to the Institution, I am entitled to have up to 100 percent of the amount of this loan plus the interest thereon canceled if I perform qualifying service after the period for which I received the loan- (A) As a full-time law enforcement officer for service to an eligible local, State, or Federal law enforcement agency; or (B) As a full-time corrections officer for service to an eligible local, State, or Federal corrections agency. (2) A portion of this loan will be canceled for each completed year of law enforcement or corrections service at the following rates: (A) 15 percent of the total principal amount of the loan plus interest on the unpaid balance accruing during that year for each of the first and second complete years of that service; (B) 20 percent of the total principal amount of the loan plus interest on the unpaid balance accruing during that year for each of the third and fourth complete years of that service; and (C) 30 percent of the total principal amount of the loan plus interest on the unpaid balance accruing during that year for the fifth complete year of that service. xm. Nurse or Medical Technician Cancellation (1) I understand that, upon making a properly documented written request to the Institution, I am entitled to have up to 100 percent of the amount of this loan plus the interest thereon canceled if I perform qualifying service after the period for which I received the loan as a full-time nurse or medical technician providing health care services. (2) A portion of this loan will be canceled for each completed year of service at the following rates: (A) 15 percent of the total principal amount of the loan plus interest on the unpaid balance accruing during that year for each of the first and second complete years of that service; (B) 20 percent of the total principal amount of the loan plus interest on the unpaid balance accruing during that year for each of the third and fourth complete years of that service; and (C) 30 percent of the total principal amount of the loan plus interest on the unpaid balance accruing during that year for the fifth complete year of that service. XIV. Child or Familv Service A2.encv Cancellation (1) I understand that, upon making a properly documented written request to the Institution, I am entitled to have up to 100 percent of the amount of this loan plus interest thereon canceled if I perform qualifying service after the period for which I received the loan as a full-time employee of an eligible public or private nonprofit child or family service agency who is providing, or supervising the provision of, services to high-risk children who are from low-income communities and the families of such children. (2) A portion of this loan will be canceled for each completed year of service at the following rates: (A) 15 percent of the total principal amount of the loan plus interest on the unpaid balance accruing during that year for each of the first and second complete years of that service; (B) 20 percent of the total principal amount of the loan plus interest on the unpaid balance accruing during that year for each of the third and fourth complete years of that service; and (C) 30 percent of the total principal amount of the loan plus interest on the unpaid balance accruing during that year for the fifth complete year of that service. XV, Death and Disabilitv Cancellation (1) In the event of my death, the total amount owed on this loan will be canceled. (2) If I become permanently and totally disabled after I receive this loan, the Institution will cancel the total amount of this loan. XVI. Chan2.e in Name. Address. Telephone Number. or Social Security Number I am responsible for informing the Institution of any change or changes in name, address, telephone number. or Social Security number. Page 3 of 4 Federal Perkins/July 1993 XVII. Late Charl!:e (1) The Institution will impose a'late charge if- (A) I do not make a scheduled payment when it is due; and (B) I do not submit to the Institution, on or before the date on which payment i. due, documentation that I qualify for a deferment, cancellation, or forbearance as described in Articles VI, VII, VIII, IX, X, XI, XII, xm, or XIV of this agreement. (2) No charge may exceed 20 percent of my monthly, bimonthly, or quarterly payment. (3)(A) The Institution may- (i) Add the late charge to the principal the day after the scheduled repayment was due; or (ii) Include it with the next scheduled repayment after I have received notice of the late charge. (B) If the Institution elects to add the late charge to the outstanding principal of the loan, it must so inform me before the due date of the next installment. xvrn. Assil!:nment (1) This note may be assigned by the Institution only to- (A) The United States; (B) Another institution upon my transfer to that institution if that institution is participating in this program; or (C) Another institution approved by the Secretary. (2) The provisions of this note that relate to the Institution shall, where appropriate, relate to an assignee. (3) Any holder of this loan is subject to all claims and defenses that I could assert against the Institution that made this loan; my recovery is limited to the amount I repaid on this loan. XIX. Prior Loans I hereby certify that I have listed below all of the Federal Perkins Loans I have obtained at other institutions. (If no prior loans have been received, state "None,") FEDERAL PERKINS LOANS AT OTHER INSTITUTIONS Amount Date Institution 1 2 3 4 XX. Schedule of Advances The following amounts were advanced to me under this loan agreement on the dates indicated: Amount Date Signature of Borrower ff~~ 1 2 3 4 $1.075.00 $1,075.00 8/11/93 1/12/94 ~- NOTICE TO BORROWER: DO NOT SIGN THIS NOTE BEFORE YOU READ IT. I UNDERSTAND AND AGREE TO ALL OF THE FOREGOING TERMS AND CONDmONS. [This note is signed as a sealed instrument.] Lw~ Signature. .P~ I 0 /;) 'I ~ ,19..i3 [(seal)] Date Permanent Address (Street or Box Number, City, State, and Zip Code) ~ J .)1'-- I ~ C: ~ V <.:.> c\ ~') ~ {'. -\ (' ~ r. \ !C v'\ / j J I ~ ~ - r;-L/_ /1 & / rl 5' 0 $~ ~ Social Security Number (borrower must provide) The borrower and Institution shall execute this note without security and without endorsement. The Institution shall provide a copy of this note to you and you should retain the copy for your records. (Authority: 20 U.S.C.1087dd) Page 4 of 4 Federal PerldnslIuly 1993 DICKINSON COLLEGE Carlisle. PA 17013 Tel: 717-245-1383 PROMISSORY NOTE - PERKINS LOAN PROGRAM -Oi I.'.'~' bracketed clause or para9raph may be included at option of institution.] - I, Georqe \1. Cole promise to pay to Dickinson College (hereinafter called the Lending Institution) located at r.i1r 1 i c; 1 p. ppnno;yl Wilni iI the sum of the amounts that are advanced to me and en. dorsed in the Schedule of Advances set forth below. I promise to pay all attorney's fees and ather reasonable collection casts and charges necessary for the collection of any amount not paid when due, I further understan~ and agree thaI: I. GENERAL (1) APolicable Law All sums advanced under this note are drawn from a lund created under Part E 01 Title IV of the Higher Education Act of 1965, as amended, hereinafter called the Act, and are subject to the Act and the Federal Regulations issued under the Act. The terms of this note shall be interpreted in accordance with the Act and Federal Regulations, copies of which are to be kept by the Lending Institution. (2) Procedures for ReceivinQ Deferment Or Cancellation I understand that in order to receive a deferment or cancellation, I must request the deferment or can. cellation in wnling from the Lending Institution, and must submit to the Lending Institution any documentation required by the Lending Institution to prove that I qualify for the deferment or cancellation. I further understand that ill am eligible far deferment Or cancellation under Articles VI through XI, I am responsible far submitting the appropriate requests on time. I further understand that I may lase my deferment and cancellation benefits if I fail to file my request on time, II. INTEREST Interest shall accrue Irom the beginning of the repayment period and shall be at the ANNUAL PERCENTAGE RATE OF FIVE PERCENT (S%) on the unpaid balance, except that no interest shall accrue during any determent period described in paragraph VI(t). III. REPAYMENT (I) I promise to repay the principal and the inlerest which accrues an it to the Lending Inslitulion over a period beginning 9 months after the date I cease to be at least a half-time student at an institution of higher education, or at a comparable institution outside the United States approved for this purpose by the United States Secretary of Education (hereinaf1er called the Secretary), and ending 10 years later, unless that period is shortened under paragraph III(S), or ex- lended under paragraphs 11I(4), 11I(7) (extensions), or VI(t) (deferments). (2) Upon my written request, the repayment period may start on a data earlier than the one indicated in paragraph lII(f). (3) lA) I promise to repay the principal and interest aver the course of the repayment period in equal monthly, bimonthly or quarterly installments, as deter- mined by the Lending Institution. I understand that if my monthly payment for all the loans made to me by lhe Lending Institution is not a multiple of $5, the Lending Institution may round that payment to the next highest dollar amount that is a multiple of $S. (8) Notwithstanding paregraph 1II(3)(A), upon my written request, repayment may be made in graduated installments in accordance with a schedule approved by the Secretary. (e) The Lending Institution shall attach the schedule of repayments and the schedule will became part of the note. (4) Notwithstanding paragraph 11\(1), if I qualify as a low-income individual during the repeyment period, the Lending Institution, upon my written request, may extend the repayment period for up to an additional 10 years, and may adjust any repayment schedule to reflect my income. [(S)(A) II the monthly rate that would be established under paragraph lII(t), Of the total monthly repayment rate of principal and interest on all my Perkins Loans including this loan, Is less than $30 per month, I shall repay the principal and interest an this loan at the rate of $30 per month (which includes both prin- cipal and interest). (5) (8) If I have received Perkins Loans from other institutions and the total monthly repayment rate on those loans is less than $30, the $30 monthly payment established under subparagraph III(S)(A) includes the amounts I owe on all my outstanding pei-kins Loans including those received from other Institutions. The amount of this $30 monthly payment that will be applied to this loan will be the difference between $30 and the total of the amounts owed at a monthly rate on my other Perkins Loans. (6) The Lending Institution may permit me to pay less than the rate of $30 per month for a period of not more than one year where necessary to avoid hardship to me unless that action would extend the repayment period in paragraph /II{t).] (7) The Lending Institution may, upon my written request, reduce any scheduled repayments or extend the repayment period indicated in paragraph 11I(1), if, in its opinion, extraordinary circumstances such as prolonged illness or unemployment, prevent me 'ram making the scheduled repayments. However, inter- est Shall continue to accrue. IV. PREPAYMENT (1) I may, at my option and without penally, prepay all or any part of the principal, plus the accrued interest thereon, at any time. (2) Amounts I repay in the academic year in which the loan was made will be used to reduce the amount 0' the loan and will not be considered a prepayment. (3) If I repay more than the amount due far any installment, the excess will be used to prepay principal unless t designate it as an advance payment of the next regular installment. V. DEFAULT (1) The Lending Institution may, at its option, declare my loan to be in delaull and may demand immediate payment of the entire unpaid balance of the loan, inclUding principal, interest, late charges and collection costs if-- (A) I do not make a scheduled payment when due under the repayment schedule established by the Lending Institution, and (S) I do not submit to the Lending Institution on or before the date on which payment is due, documentation that I qualify for a deferment or cancellation described in Articles VI, VII, VIII, IX, X, or XI of this agreement. (2) I undersland that If I default on my loan, the LendIng InstItution may disclose that I have defaulted, along with otherre(evant information, to credit bureau organizations. (3) Further, I understand that if I detault an my loan and the loan is transferred to the Secretary tor collection, the Secretary may disclose that I have defaulted, along With other relevant information, to credit bureau orgaolzations. (41 I understand that atterthe Lendmglnstitution accelerates the loan under paragraph V(l), I WIll then lose my right to defer repayments due after the date the LendlOg InstItutIon accelerates the loan. (51 I understand that atter the Lending Institution accelerates the loan under paragraph V(l), I will then lase my right to receive a cancellation of a portion of my loan lor any teaching, volunteer or military service described in Articles VII, VIII and IX, performed aller the date the Lending Institution accelerated the loan. (6) I understand that failure to pay this Obligation under the terms agreed upon will prevent my Obtaining additional student financial aid authorized under Title IV of the Higher Education Act of 1965, as amended, until I have made arrangements which are satisfactory to the Lending Institution or the Secretary regarding the repayment of the loan. VI. DEFERMENT (1) I understand that upon making a properly documented written request to the lending Institution, I may defer making scheduled installment payments, and will not be liable for any interest that mighl othel'Hise accrue, during the following periods; (A) While I am enrolled and in attendance as at least a halt,time student at an instilution of higher education or at a comparable institution outside the United States approved for this purpose by the Secretary; (B) For a period of three (3) years during which I am -_ (il On full.time active duty as a member of the Aimed Forces Of the United States (Aimy, Navy, Air Farce, Marine Corps, or Coast Guard) or the NatIonal Oceanic and Atmospheric Administration Corps, or as an officer on lull.time active duty in the Commissioned Corps of the United States Public Health Service. Iii) In service as a volunteer under the Peace Carps Act, (iii) A volunteer under the DomestIc Volunteer SeMce Act of 1973 (ACTION programs), (iv) A full-time volunteer In a tax-exempt organization performing service comparable to the service performed in th" Peace Corps or under th" Domestic Volunleer Service Act of 1973, or (v) Tempora.ily totally disabled as established by an affidavit of a qualified physiCIan, or unable to secure employment because I am provldlOg care required by a dependent who is so disabled; (C) For a periOd not in excess of two (2) years -- (i) After I receive a baccalaureate or professional degree during which time I am serving in an internship which is required in order that I may receive professional recognition required to begin my professional practice or service, or (Ii) serving in an internShip or residency program leading to a degree or certificate awa.ded by an institution of higher education, a hospital or a health care lacility that Offers postgraduate training; (0) Far a period not in excess of one (1) year during which, if I am a mother of preschool age children, I have entered or reentered the work force, and am being paid at a rate which does not exceed $1.00 above the minimum hourly wage established by section 6 01 the Fair labor Standards Act of t938; (E) For a period not in excess 01 six months - (i) That follows by six montlis or less of a period during which I was enrolled as at least a half-time student at an eligible institution; and (Ii) During which I am pregnant, caring for my newborn baby, or caring for a child immediately aller he or she was placed with me through adoption and I am neither attending an eligible institution of higher educatIon no. gainfully employed; and (F) During a six (6) month period immediately lollowing the expiration of any deferment provided in paragraphs VI(l)(A) through VI(l)(E). (2) The Lending InstItution may, upon my written request, defer my scheduled repayments if it determines that the deferment is necessary 10 avoid a financial hardship far me. Interest, however, will continue to accrue, . VII. CANCELLATION FOR TEACHING (1) I understand that upon making a properly documented wlllten request to the Lending InstJtutJon, I am entitled to have up to 100 percent of the amount 01 this loan plus the interest thereon cancelled if I perform service .. EXHIBIT "e" (A) As a lull-time teacher in a public or other nonprofit elementary or secondary school which is in the school district of a local educational agency ,hicl1 is eligible in such year 01 service lor funds under Chapter I of the Education Consolidation and Improvement Act of 1981, as amended, and which has ,een designaled by the Secretary (atler consultation with each State Department of Education) in accordance with the provisions of section 465(a) (2) 01 the ct as a school with a high concentration of students Irom low-inc me iamilies. An official Directory of designated low-Income schools is published annually y the Secretary. (13) As a full-time teacher of handicapped children (including those who are mentally retarded, hard 01 hearing, deaf, speech and languege impaired, isually handicapped, seriously emotionally disturbed, orthopedically Impaired, have specific learning disabilities, or otherwise health-impaired children, who y reason thereof require special education and related services) in a public or other nonprofit elementary or secondary school system. ~ This loan will be cancelled for each completed year of teaching service at the following rates: (A) 15 percent of the total principal amount 01 Ihe loan plus interest on the unpaid balance will be cancelled for the first and second complete academic ears of that teaching service, (6) 20 percent of the tOlal principal amount plus interest on the unpaid balance for the third and fourth complete academic years of that teaching service, ,nd (e) 30 percent of the total principal amount plus interest on the unpaid balance for the fifth complete academic year of that teaching service. VIII. HEAD START CANCELLATION 1) I understand that upon making a properly documented wrillen request to the Lending Institution, I am entitled 10 have up to lOll percent 01 Ihe amount of 1is loan plu. Ihe Interesllhereon cancelled if I perform service as a full-time slafl member in a Head Slart program if - (A) ThaI Head Slart program is operaled for a period which is comparable 10 a full school year in the locality, and (B) My salary Is not more Ihan Ihe salary of a comparable employee of the local educational agency. 2) This loan will be cancelled allhe rale of 15 percenl 01 the 10lal principal amounl plus interesl on the unpaid balance for each complete school year or the 'quivalent of sarvice in a Head Start program. 3} Head Start Is a preschool program carried out under Ihe Head Start Act. IX, MILITARY CANCELLATION I) I understand thaI upon making a properly documenled written request to the Lending institution, I am entilled 10 have up to 50 percenl 01 the principal mount of this loan plus the interest thereon cancelled if I serve as a member 01 Ihe Armed Forces 01 the United Slates in an area of hostilities Ihat qualifies lor pecia! pay under section 310 of Title 37 of Ihe United Stales Code. 2) This loan will be cancelled at the rale of t2 1/2 percent of the total principal amount plus interest on the unpaid balance for each complete year of such ser- ice. X, PEACE CORPS CANCELLATION 1) I understand that upon making a properly documanted written request to fha lending institution, I am entitled to have up to 70 percent of the amcunt of lis loan plus the Interest thereon cancelled If I perform service- (A) As a volunteer under the Peace Corps Act; or (B) /Is a volunteer under the Domestic Volunteer Service Act of 1973. 2) This loan will be cancelled atth. following rates: (A) t5 percent 01 the total principal amount of the loan plus interest on the unpaid balance will be cancelled for the first and second twelve-month period If volunleer service completed; (B) 20 percent of the total principal amount of lhe loan plus intere.1 on the unpald balance will be cancelled for the third and fourth twelve-month lened of volunteer service compleled. XI. DEATH AND DISABIUTY CANCELLATION I) In the event of my death, the total amount owed on this loan will be Cancelled. 2) If I become totally and permanently disabled aller I receive Ihis loan, Ihe Lending Institution will cance/the total amount of this loan. XII. CHANGE IN NAME, ADDRESS, TELEPHONE NUMBER AND SOCIAL SECURITY NUMBER am responsible, and any endorser Is responsible, for Informing the Lending Institution of any change or changes In name, address, telephone number or so- :ial security number. XIII. LATE CHARGE 1) The lending Institution may Impose a late charge if- (A) I do not make a scIIaduled paymenl when it is due, and (B) I do not submit to Ihe lending Institution on or before Ihe date on which payment I. due, documentation Ihat I qualify for a deferment or cancellation lescribed in Articles VI, VII. VIII, IX. X, and XI of this egreement. 2) No charge may exceed twenty (20) percent of my monthly, bimonthly or quarterly payment. 3) (AI The Lending Institution may- p) Add the late charge to the principal the day after Ihe scheduled repayment was due; or (Ii) Inc/ude it with Ihe next scheduled repayment after I have received notice of the late charge. (6) II the Lending Institution elects to add Ihe assessed charge to the outstanding principal of Ihe loan, it must so inform me before the due date of the next lstallment. XIV, ASSIGNMENT I) This note may be assigned by the Lending Institulion only 10 - (A) The United Slales; (B) Another institution upon my transfer 10 thaI institulion if that instilution is participating in this program; Of (C) Another institulion approved by Ihe Secrelary. ) The provisions of Ihis nOle thaI relate 10 Ihe Lending Institution shall, where appropriale, relale to an assignee. XV. PRIOR LOANS lereby certify that I have listed below all of the Perkins Loans I have obtained at olher institutions. (If no prior loans have been received, state 'None.") SCHEDULE OF PERKINS LOANS AT OTHER INSTITUTIONS AMOUNT DATE INSTITUTION XVI. SCHEDULE OF ADVANCES , following amounts were advanced 10 me under this loan agreement on the dates indicated: \MOUNT DATE SIGNATURE OF BORR9WER $1.125 9/3/91 'j(~(Jc C,O..\, I', l _ f', H .125 1/28/92 J./~ ,"o'L l ,,:(~_ :/ ICE TO BORROWER: DO NOT SIGN THIS NOTE BEFORE YOU READ IT. (OU AND A~Y COSIGNER. [This note is signed as a sealed inslrument.) atute , ) ~ ---...".;'-r.."u- ~_~>-"l._ ',I THE LENDING INSTITUTION MUST SUPPLY A COpy OF THIS NOTE [(seaJH Date I,' -- 19~. lanent Address (Street Or Box Number, City, State. and Zll' Code) ,I Security Number (borrower must provide) I I. I ,:' . , ' I " . L . lorrower and Lending Institution shall execute this nole without security and without endorsemenl unle.s the borrower is a minor and this note would not, : the taw of the Slate in which the Lending Instilulion is located, create a binding obligatiOn. II Ihe borrower is a minor and this nole would nollllerefor8, lally binding, the Lending Institution shall require a cosigner to Ihis nOle: e to repay ai/ amounts due on Ihis loan if the borrower fails 10 do so in accordance with the terms of Ihe nole. " '\ . ~ 1/:/ L I lure Of Cosigner [(seal)] Dale 19_, 'nenl Address (Slreat or Be. Number, City, Stale, Zip Code) iC, 1087dd) Format by Ihe National Associalion of Student FIOancial Aid Administralors, 5/88. DICKINSON COLLEGE -07 Carlisle, PA 17013 Tel: 717-245-1383 PROMISSORY NOTE - PERKINS LOAN PROGRAM [Any bracketed clause or paragraph may be included at option of InstitutIon. J , I, George W. Cole promise to pay to . Di ck i nson College (hereinafter called the Lending Institution) located at r.ilr 1 i c: 1 p Ppnnc:yl vani iI the sum of the amounts that are advanced to me and en. dorsed in the Schedule of Advances set forth below. I promise to pay all attorney's fees and other reasonable collection costs and cha~ges necessary for the collection of any amount not paid when due. I further understanl:t and agree that: I. GENERAL (t) ADollcable LAw All sums advanced under this nota are drawn from a fund created under Part E of Title W of the Hgher Education Act of 1965, as amended, hereinafter called the Act, and are subject to the Act end the Federal Regulations Issued under the Act. The term. of this note shall be Interpreted In accordance with the Act and Federal Regulations, copies of which are to be kept by the Lending Institution. (2) Procedures for ReceivlnQ Deferment or Cancellation I understand that in order to receive a deferment or cancellation, I must request the deferment or can- cellation in writing from the Lending Institution, and must submit to the Lending Institution any documentation required by the Lending Institution to prove that I qualify for the deferment or cancellation. I further understand that If I am eligible for deferment or cancellation under Articles VI through Xl. I am responsible for submitting the appropriate requests on time. I further understand that I may lose my deferment and cancellation benefits If I fail to file my request on time. II. INTEREST Interest shall accrue from the beginning of the repayment period and shall be at the ANNUAL PERCENTAGE RATE OF FIVE PERCENT (5%) on the unpaid balance, except that no interest shall accrue during any deferment period described In paragraph VI(t). III. REPAYMENT (1) I proml.. to repay the principal and the Interest which accrue. on It to the lending Institution over a period beginning 9 months after the date I cease to be at least a half.time student at an institution of higher education, or at a comparable institution outside the United States approved for this purpose by the United States Secretary of Education (hereinafter called the SecretelY), and ending 10 years later, unle.. that period is shortened under paragraph 11I(5), or ex- tended under paragraphs 11I(4), 11I(7) (extensions), or VI(I) (deferments). (2) Upon my written request, the repayment period may start on a date earlier than the one Indicated In paragraph 11I(1). (3) (AI I promise to repay the principal and interest over the course of the repayment period In equal monthly. bimonthly or quarterly installments, as deter- mined by the lending institution. I understand that If my monthly payment for all the loans made to me by the lending Institution Is not a multiple of $5, the Lending Institution may round that payment to the next highest dollar amount that Is a multiple of $5. (B) Notwithstanding paragraph 1II(3)(A), upon my written request, repayment may be made in graduated Installments in accordance with a schedule approved by the Secretary. (C) The lending Institution shall attach the schedule of repayments and the schedule will become part of the note. (4) Notwlthatandlng paragraph 11I(1), if I qualify aa a low-income individual during the repayment period, the Lending Institution, upon my written request, may extend the repayment period for up to an additional 10 year., and may adjust any repayment schedule to reflect my income. \(5)(A) If the monthly rate that would be established under paregraph 11I(1), or the total monthly repayment rate of principal and interest on all my Perkins Loans including this loan, Is less than $30 per month, I shall repay the principal and interest on this loan at the rate of $30 per month (Which Includes both prln. clpal and Interest). (5) (B) If I have received Perkins Loans from other Inatitutions and the total monthly repayment rate on those loans Is less than $30, the $30 monthly payment established under subparagraph 1II(5)(A) Includes the amounts I owe on all my OU1Standing Perkins Loans Including those received from other Institutions. The amount of this $30 monthly payment that will be applied to this loan will be the difference between $30 and the total of the amounts owed at a monthly rate on my other Perkins Loans. (6) TIle Lending institution may permit me to pay Ie.. than the rata of $30 per month for a period of not more than one year where necessary to avoid hardship to me unle.. that action would extend the repayment period In paragraph 111(1).) (7) TIle Lending institution mey, upon my written request, reduce any scheduled repayments or extend the repayment period indicated In parsgraph 11I(1), II, in ita opinion, extraonllnary circumstances such as prolonged IIIne.. or unemployment, prevent me from making the scheduled repayments. However, Inter- est shall continue to accrue. IV. PREPAYMENT (1) I may, at my option end without penalty, prepay all or any part of the principal. plus the accrued Interest thereon, at anytime. (2) Amounts I repay In the academic year In which the loan was made will be used to reduce the amount of the loan and will not be considered a prepayment. (3) If I repay more than the amount due for any Installment, the excess will be used to prepay principal unless I designate It as an advance payment of the next regular Installment. V. DEFAULT (1) The Lending Institution may, at Its option, declare my loan to be in default and may demand immediate payment of the entire unpaid balance of the loan, including principal, Interest, late charges and collection costs if- (A) I do not make a scheduled payment when due under the repayment schedule established by the Lending institution, and (B) I do not submit to the Lending Institution on or befora the date on which payment is due, documentation that I qualify for e deferment or cancellation described In Articles VI, VII, VIII, IX, X, or Xl of this agreement, (2) I understand that ifl default on my loan, the Lending institution may disclose that I have defaulted, along with other relevant information, to credit bureau organizations. (3) Further, I understand that III default on my loan and the loan Is transferred to the Secretary for collection, the Secretary may disclose that I have defaulted, along with other relevant Information, to credit bu....u organizations. (4) I understand that alter the Lending institution accelerates the loan under paragraph V(I), I will then lose my right to defer repayments due alter the date the lending Institution accelerates the loan. (5) I understand that alter the lending institution accelerates the ioan under paragraph V(I), I will then lose my right to receive a cancellation of a portion of my loan for any teaching, volunteer or militalY service described In Articles VII, VIII and IX, performed alter the date the Lending Institution accelerated the loan. (6) I understand that failure to pay this obligation under the terms agreed upon will prevent my obtaining additional student financial aid aulhorlzed under Title Waf the Higher Education Act of 1965, as amended, until I have made arrangements which are satisfactolY to the Lending institution or the Secretary regarding the repayment of the loan. VI. DEFERMENT (1) I understand that upon making a properly documented written request to the lending Institution, I may defer making scheduled Installment payments, and will not be liable for any Interest that might otherwise accrue, during the following periods: (A) While I am enrolled and In attendance as at least a half-time student at an institution of higher education or at a comparable institution outside the United States approved for this purpose by the Secretary: (B) For a period of three (3) years during which I am _ (i) On full-time active duty as a member of the Armed Forces of the United States (Army, Navy, I'Jr Force, Marine Corps, or Coast Guard) or the National Oceanic and Atmospheric Administration Corps, or as an officer on full-time active duty in the Commissioned Corps of the United States Public Health Service, 01) In service as a volunteer under the Peace Corps Ar;t, 011) A volunteer under the Domestic Volunteer Service Act of 1973 (ACTION programs), Ov) A full-time volunteer In a tax-exempt organization performing service comparable to the service. performed in the Peace Corps or under the Domestic Volunteer Service Act of 1973, or (v) Temporarily totally disabled as established by an affidavit of a qualified physician, Or unable to secure employment because I am providing care required by a dependent who is so disabled; (C) For a period not in excess of two (2) years _ 0) Aller I receive a baccalaureate or professional dagree during which time I am serving In an internship which Is required in order that I may receive professional recognition required to begin my professional prectlce or service, or 01) serving in an Internship or residency program leading to a degree or certificate awarded by an Institution of higher education, a hospital or a health care facility that offers postgreduate training; (D) For a period not In excess of one (1) year during which, ifl am a mother of preschool age children, I have entered or reentered the work force, and am being paid at a rate which does not exceed $1.00 above the minimum hourly wage established by section 6 ollhe Fair Labor Standards Act of t938; (E) For a period not in excess of six months - 0) That follows by six months or less of a period during which I was enrolled as at least a hall.time student at an eligible Institution; and Oil During which I am pregnant, caring for my newborn baby, or caring for a child Immediately after he or she was placed with me through adoption and I am neither attending an eligible institution of higher education nor gainfully employed; and . (F) During a six (6) month period immediately fOllowing the expiration of any deferment provided in paragraphs VI(1 )(A) through VI(1 HE). (2) TIle Lending Institution may, upon my written request, defer my scheduled repayments if it determines that the deferment is necessary to avoid a financial hardship for me. Interest, however, will continue to accrue. VII. CANCELLATION FOR TEACHING (11 I understand that upon making a properly documented written request to the Lending Institution, I am entitled to have up to 100 percent of the amount of this loan plus the interest thereon cancelled if I perform service __ EXHIBIT "n" (A) k; a full-time teacher in a public or other nonprofit elementary or secondary school which is in the school district of a local educational agency hlch is eligible in such year of service for funds under Chapter I of the Education Consolidation and Improvement Act of 198f, as amended, and which has .en designated by the Secretary (after consultation with each State Department of Education) In accordance with the provisions of section 465(a)(2) of the ct as a school with a high concentration of students from low-income families. An official Directory of designated low-Incomeachools Is published annually y the Secretary. (8) k; a full-time teacher of handicapped children Oncludlng those who are mentelly retarded, hard of hearing, deef, speech and lenguegelmpalred, ,wally handicapped, serloualy emotionally disturbed, orthopedically Impaired, heve specific learning dlsebllltles, or otherwise health4mpalred children, who y reason thereof require special education and related se,vices) In a public or other nonprofit elementary or secondary school system. !) this loan will be cancelled for eech completed year of teaching service at the following rates: (A) 15 percent of the total principal amount of the loan plua Intelest on the unpaid balance will be cancelled for the first and second complete academlo larsof that teaching service, (B) 20 percent of the total principal amount plus Intelest on the unpaid balance for the third and fourth complet. acad.mlc years of that teaching service, nd (e) 30 percent of the total principal amount plus interest on the unpaid balance for the fifth complete academic year of that teaching service. VIII. HEAD START CANCELLATION I) I undelstand that upon making a properly documented written request to the lending Institutlon;l am entitled to have up to 100 percent at the amount of oIs loan plus the interest thereon cancelled If I perform service as a full-time staff member in a Head Start program if - (AI That Head Stert program Is operated for a period which Is comparable to a full school year In the locality, and (B) My salary Is not more than the salary of a comparable employee of the local educational agency, !) This loan will be cancelled at the rate of 15 percent of the total principal amount plus interest on the unpaid balance for each complete school year or the quivalent of service In a Head Start program. I) Head Start Is a preschool proglam canled out unclef the Head Start Pd. IX. MIUTARY CANCELLATION I) I understand that upon making a properly documented written request to the lending institution, I am entltled to have up to SO percent of the princlpal mount of thla toan plus the Interest thereon cancelled If I serve as a member of the Armed Forces of the United Statea In an area of hostilities that qualifle. for peelal pay under section 310 of TItle 31 of the United Statas Code. !) this loan will be cancelled at the rate of 12 112 percent of the total principal amount plus interest on the unpaid balance for each complete year of such ser. lee, X. PEACE CORPS CANCELLATION I) IlInderstand that upon making a properly documented wrlllen request to the lending Institution, I am entitled to have lip to 10 percent of the amount of iii loan plue the Interest theleon cancelled If I perf aIm aervlca- (A) Aa a volunteer IInder the Peace Corps Pd; or (B) Aa a volunteer under the Domestic Volunteer Service Pd of 1913. ~) this loan will be cancelled at the following rates: (AI 15 percent of the total principal amount of the loen plus Interest on the unpaid balance will be cancelled for the first and second twelve-month period f volunteer service completed; (S) 20 percent of the total principal amount of the loan plus Intarest on the unpald balance will be cancelled for the third and fourth twelve-month 'erled otvoluntear service completed. XI. DEATH AND DISABIUTY CANCELLATION I) In the event of my death, the total amount owed on thl.loan will be cancelled. ~) If I become totally and permanently disabled after I receive this loan, the lending Instltlltlon will cancel the total amount of this loan. XII. CHANGE IN NAME, ADDRESS, TELEPHONE NUMBER AND SOCIAL SECURITY NUMBER am NSpOnslble, and any endo_r Is responsible. for Informing the Lending institution at any change or changes In name, address, talephone number or se- lal MClIrlly number. XIII. LATE CHARGE I) The lending institution may Impou a late charge If - (AI I do not make a scheduled payment when It Is due, and (8) I do not submit to the lending institution on or before the date on which payment is dlle, documentation that I qualify for a deferment or cancellation lescribed In Articlee VI, VII, VIII, IX, X. and XI of this agreement. 2) No charge may exceed twenty (20) percent of my monthly, bimonthly or quarterly payment. 3) (A) The lending Instllullon may- . 0) Add the late charge to the principal the day after the scheduled repayment was due; or 01) Include it with the next scheduled repayment after I have received notice of the late charge. (B) If the Lending institution elects to add the assessed charge to the outstanding principal of the loan, it must SO Infolm me before the due date of the next lstallment. XIV. ASSIGNMENT I) This note may be assigned by the lending Institution only to - (A) The United States; (B) Another Institution upon my transfer to that institution If that Institution Is participating In this program; or (C) Anothal institution approved by the Secretary. !) The provisions of this note that relate to the lending institution shall, whele appropriate, relate to an assignee. XV. PRIOR LOANS ",eby certify that I have listed below all of the Perklns Loans I have obtained at other institutions. (If no prior loans have been received. state 'None.') SCHEDULE OF PERKINS LOANS AT OTHER INSTITUTIONS AMOUNT DATE INSTITUTION XVI. SCHEDULE OF ADVANCES ,e following amounts were advanced to me under this loan agreement on the dates Indicated: AMOUNT OATI;.. S!Gf\lATURE OF BORROWER, $1.125,00 8/28/90 :llJ?~'l<" LvI Cv-i!.t. (\1 /, ^ $1.125,00 1/22191 \))f,/)Ul kJ LM' lTICE TO BORROWER: 00 NOT SIGN THIS NOTE BEFORE YOU READ IT, THE LENDING INSTITUTION MUST SUPPLY A COPY OF THIS NOTE I YOU AND AN'fJ ~OSIGNER [This nota is signed as a sealed instrument.) (./ / 2 -, c.r I' lnatule Ii L~11/' W C..;.-\.: c. ({seal)) Date (J I { 19---=:.... rmanent Address (Street or Box Number, City, State, and Zip Code) I ') (/ S ,. ) ~ n ~ - -11 t?,' 'k." I /'v' } lY(J (, $ (). claI Security Number \bOllowar must plovide) ) ~I ). - ') ..., - 11 ~ 7 . I borrower and lending institution shall execute this note without security and without endo_ment unless the borrower Is a minor and this note would not, 181 the law of the State In which the lending Institution is located, create a binding obligation. If the borrower Is a minor and this nole would not thelefore, legally binding, the lending institution shallltlqulle a cosignel to this note: Iree-to repay all amounts due on this loan if the borrower fails to do so In accordance with the telms of the note. nature 01 Cosigner ((seal)) Date 19_. manent Address (Street or Box Number, City, State, Zip Code) U.S.C.1087dd) Format by the National Association of Student Rnancial Aid Administrators, 5/88. 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 ofthis Complaint is that of counsel and not my own. I have read the document and to the extent that this Complaint is based upon information which I have given to my counsel, it is true and correct and to the best of my knowledge, information and belief. To the extent that the content of this Complaint is that of counsel, I have relied upon counsel in making this Verification. This statement and Verification are made subject to the penalties of 18 Pa. C.S, ~ 4904 relating to unsworn falsification to authorities, which provides that if I knowingly make false averments, I may be subject to criminal penalties. Dickinson College 'f.l--\... Thomas Meyer Bursar of Dickinson College Dated: F. \FILES\DA T AFILElDickinsonCollege76 I 9\Collections\Current\283-coml,wpd \~ 0 t- ~ ~ D0 ~ --J \ "'\ c! -. Uj --J ~ .jJ " ~ (') s:; "' "c("j,i ~"~~;/ ~~;:~ \ ..r': . </> . ~~-! ~ ~'\ ", ~ <:..,-;> = .L- o -n -j :I..-h rn ~.J -0111 e32 ".-10 .....-..i ;-\; ::!J ':in ;"'-) rn ::-:~ ~ 7-< z o ...::; N .t:'" ;:t:t1O ::K o .z::- CJl F:\FILES\DA TAFILElDickinsonCollege761 9lColJectionslCurrentU83,prallmam Created: 11112/03 8:58AM Revised: 2/4/05 I!03AM 76!9C.283 David R. Galloway, Esquire MARTS ON 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. 04-5918 CIVIL ACTION-LAW GEORGE W. COLE, Defendants. JURY TRIAL OF TWELVE DEMANDED PRAECIPE Please reinstate the attached Complaint against George W. Cole, 414 2nd Street, Apt. 133, Hermosa Beach, California 90254 in the above-captioned action atld return same to the undersigned for service. F WILLIAMS & OTTO Date: February 4,2005 Attorneys for Plaintiff ""Tl ~-,~I rr1 ,-"J) ,) (;...~\ F \FlLES\OA T AFILEIDickinsonCollege7619\Collectioru;\Current\283\283. pra2\mam Created; l]/12I03 8:58AM Revised: 9/13/05 323PM 76]9C283 David R. Galloway, Esquire MARTSON DEARDORFF WILLIAMS & OTTO Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff DICKINSON COLLEGE, Plaintiff, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 04-5918 CNIL ACTION-LAW GEORGE W. COLE, Defendants. JURY TRIAL OF TWELVE DEMANDED PRAECIPE ""5 Please reinstate the: .. , 1 Complaint against George W. Cole, Urbanization Jaco Sol 17E, Paya J aco, Costa Rico in the above-captioned action and return same to the undersigned for service. F WILLIAMS & OTTO By David R. Galloway, e 1. D. Number 87326 Ten East High Street Carlisle,PA 17013 (717) 243-3341 Date: September 12,2005 Attorneys for Plaintiff ,-.0 ~::-:~ ,:;.....1 :;;0 -n I,j",') _.1 F \FI LES\DA T AFlLE\DickinsonC allege 7619\Colleclions\CufTent\283\283 praJ Created 4127/06 11:53AM Revised 4/27/06 11:57AM 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. 04-5918 CIVIL ACTION-LAW GEORGE W. COLE, Defendant JURY TRIAL OF TWELVE DEMANDED PRAECIPE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Plaintiff requests the above-captioned matter be marked settled, discontinued and ended. MARTS ON DEARDORFF WILLIAMS & OTTO ByC%J~ <; rL Christopher E. Rice, Esquire Ten East High Street Carlisle, PA 17013 (717) 243-3341 Date: April 27, 2006 Attorneys for Plaintiff