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HomeMy WebLinkAbout04-5929 F IFILESIDA T AFILEIDickinsonCollege76I 9lColleclionslCurrentl287-coml wpd Created- 4/28/03 1:54:03 PM Revised: 11/24/04 II :2930 AM : 7619c.287 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- ~?1}1 ~ CIVIL ACTION-LAW DICKINSON COLLEGE, Plaintiff ROBERT L. GATLING, ill, 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 B F WILLIAMS & OTTO Dated: November 24, 2004 David R. Gall ay, I. D. Number 87326 \ Ten East High Street Carlisle, P A 17013 (717) 243-3341 Attorneys for Plaintiff F IFlLESIDA T AFlLEIDickinsonCollege7619lColleclionslCurrentl287-coml wpd Created: 11/24/04 II :26AM Revised- 11/24/04 11-29AM 76I9C.287 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, PENNSYLVANIA v. NO. 04- CIVIL ACTION-LAW ROBERT L. GATLING, ill, 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 Robert L. Gatling, ill, is an adult individual with a last known address of 437 East Hallam Avenue, Washington, PA 15301-3458. 3. On or about September 14, 1996, Defendant entered into a Promissory Note - Federal Perkins Loan Program (Note #1) with Plaintiff for the financing of $700.00 plus 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 December 1, 1995, Defendant entered into an additional Promissory Note - Federal Perkins Loan Program (Note #2) with Plaintiff for the financing of $600.00 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 15, 1994 defendant entered into an additional Promissory Note - Federal Perkins Loan Program (Note #3) with Plaintiff for the financing of $2,000.00 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 October 15, 1993, Defendant entered into an additional Promissory Note - Federal Perkins Loan Program (Note #4) with Plaintiff for the financing of$2,000.00 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 $5,300.00. 10. Note #1, Note#2, Note#3 and Note #4 grant Plaintiff reasonable collection and attorney's fees which Plaintiff has calculated to be $795.00. 11 As of August 27,2004, the principal and interest due and payable by Defendant to Plaintiff was $6,331.23, plus interest accruing thereafter at $.72 per day. 12. As of August 27,2004, the outstanding balance of$6,331.23 represents the total and actual overdue value ofthe 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$6,331.23, plus interest accruing at $.72 per day from August 27,2004, collection and attorneys' fees in the amount of$795.00 and costs of suit. COUNT II IN QUANTUM MERUIT 16. Plaintiff hereby incorporates by reference the averments contained in Paragraphs 1 through 15 of this Complaint. 17. Having requested Plaintiffto 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 August 27, 2004, the total amount by which Defendant has become enriched is $6,331.23, plus interest in the amount of$.72 per day from August 27,2004. WHEREFORE, Plaintiff demands judgment against Defendant in the amount of$6,331.23, plus interest in the amount of$.72 per day from August 27,2004, collection and attorneys' fees in the amount of$795.00 and costs of suit. F WILLIAMS & OTTO By <- David R. Gallo y I.D. Number 87326 Ten East High Street Carlisle, PA 17013-3093 (717) 243-3341 Attorneys for Plaintiff Date: November 24, 2004 FEDERAL PERKINS LOAN PROMISSORY NOTE ,..,-{ (/' \ :,"14 \_'. \. - ~, _.1\ _J ,,"'- --/ '" -,/ '-'.....; .' ~/ 1. Name (last, first. middle initiaO and Permanent Address (street, city. state. zip code) i/I Gatling, Robert L. ..:.0.-- ,;'1/, ,- I'" ' /' f ,-;I. /U6/':" ,~T 1 ,(,,, t i ," i. '~t.,' j>f \,',,- .r...l J , _ 1~/,r'1 I I '" L 2. Social Security Number '-1"/_ ~-':i -c(; ~' / 3. Date of Birth t G I/(f /-1 ~ 4. Area CodelTelephone Number ( [I' / J~ 'I r '':' ::-f' L,/ :!.~ / . . / ./'V I I,./' 5. Driver's License Number (Ust state abbreviation first) Fl~ .J 3 ~CC(:T-::1 6. School Name" Address (street. city. state, zip code) Dick:insa1 College P.O. Box 1773 Carlisle, PA 17013-2896 1 Borrower Status 8. Interest Rate (J Haf-time f7 greater 0 Less than haI-time 5 % 9. loan Amount: 10. loan Period $ 700.00 1996-97 TERMS AND CONDITIONS: /Any Inckered dause or pal1IflrlIph may be included at option of irBItution.) APPLICABLE LAW - The terms of this note and any disbursemenu made under this note shall be interpreted in accordance with Part E ofTitJe IV of the Higher Education Act of 1965. as amended (hereinafter called the Act). as well as Federal regulations Issued under the Act. All sums advanc:ed 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 (he~lnafter called the school) over a period beginning 9 months (or sooner if I am a less than a half-time borrowtor) 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 (he~lnafter 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 ~port the amount of my installment payments. along with the amount of this loan to a national c~d\t bureau. Interl!St 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 minimum montl\ly payments. Upon my written request my ~payment period may be extended during periods of deferment. hardship. or forbearance and I may make gntduated Insta1lmenu In accordance with a schedule approved by the Sec~tary. I will make my Installment payments In equal monthly. bimonthly or quarterly installments as determined by the school. The school may round my installment payment to the next highest multiple of $5, (I will make a minimum monthly repayment of $40 (or $30 If I have outstanding Federal Perkins loans made before October 1. 1992 that Included the $30 minimum payment option) In accordance with the Minimum Montl\ly Payment Section of the Terms and Conditions contained on the ~verse side of this document.l LATE CHARGES - The school will Impose late charges If 1 do not make a scheduled payment when due or if I fail to submit to the school on or before the due date of the payment. a properly documented written request that I qualify for any of the forbearance. deferment or cancellation benefits as described below. No late charges may exceed 20% of my monthly. bimonthly or quarterly payment. The school may add the late charges to principal the day after the scheduled repayment was due or Include It with the next scheduled repayment after I have received notl~e of the charge. and such notice is sent before the next Installment Is due. REQUESTS FOR DEFERMENT. CANCELLATION OR FORBEARANCE - To receive deferment. canceUatlon. 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 fall to file my request on time. DEFAULT. If I fail to make a scheduled payment when due: If I faU to submit to the school. on or before the due date of a scheduled payment. documentation that I qualify for a deferment. canceUatlon. or fMbearanee: 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 cosu). The school. and the Secretary. If my loan is assigned to the Secretary for collection. shaI1 dISClose to credit bureau organizations that I have defaulted and all other relevant loan information. I wiD lose my right to defer payments and my right to forbearance If I default on my loan. I will lose my right to receive cancellation benefits for service that Is performed after the date the school accelerated the loan. I will be Ineligible for any further federal student financial assistance authorized under the Act until I make arrangements that are satisfactory to the school or the Secretary to repay my loan. CHANGE OF STATUS - I will inform the school of any change in my name. address. telephone number. Social Security number. or drivers 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 amounr(s) advanced 10 me under the terms of this Note. plus interest and other fees which may become due as provided In this Note. 1 promise to pay all reasonable collection costs. including attorney fees and other charges. necessary for the collection of any amount nol paid when due. I will not sign this Note before reading it. including the provisions on the reverse side. This loan has been made to me without security or endorsement. My signature certifies I have read. understand. and agree to the terms and conditions of this Promissory Note. THIS IS A WANtS) THAT MUST BE REPAID I I.j~( -;-f- -'j I J . f.,. { I t . I \ . I . , " '/ ..J : ......rL J' / '- /r.' ( , .I .. Borrower's Signature Date: RXHTRTT "A" 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 scheduJe to reOect 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 win continue to accrue. 1be 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 unemployIDent except such action may not extend the repayment period beyond 10 years. GRACE PERIODS - My initial grace period before beginning repayment is 9 months. Ie I am a Less- 'Than-Half-Tune Borrower with outstanding Federal Perkins Loans. my repayment begins when the next scheduled installment of my outstanding loan is due. Ie I am a Less- 'Than- HaIr-Tune 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 post-deferment grace period of 6 months that foUows 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 wID be used to reduce the amount of the loan and wID not be considered a prepayment. Ie 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 instalJ- ment. the excess wID be used to repay prlnClpal unless I designate it as an advance payment of the next regular InstaUment. MINIMUM MONTI-lLY 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. Ie 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 establ1shed by the school. the school may stW require a mJnimum monthly repayment rate. A mJnimum monthly repayment amount will combine my obligation on this and all my outstanding Federal Perkins loans, Including those made at other schools. 1lte portion of the minimum monthly payment that will be applied to this loan wiD 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 exerdse5 the minimum monthly payment option. the minimum monthly repayment wiD 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 coUecttveIy do not exceed three years. under the fonowlng conditiom: If my monthly ntle IV loan debt burden equals or exceeds 20% of my total monthly gross income; if the Secretary authorizes a period of forilearance due to a national military mobilization or other national emergency; or If the school determines that I qualify due to poor health or for other reasons, inch.Iding service In AmenCorps. Interest acaues during any period of forbearance. DEFERMENTS - Upon making a properly documented written request to the school. I may defer making schedu1ed lnstalJment payments and will not be liable for any interest that might otherwise accrue 1) during any period that I am: enraDed and attending as a regular student in at least a half-time course of study at an eligible school; enroned and attending as a regular student a graduate feDowship program approved by the Secretary; engaged In graduate or post-graduate feDowship-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 fmd 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 inunediately following the expiration of any deferment period described in this paragraph. CANCELLATIONS - Upon making a properiy documented written request tn the school. I am entitled to ~ up to 100% of the original principal loan iIffiOunt 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 perfonned aI\er I receive the loan.' A_ Teacldng . a full-time teacher in a public or other nonprofit elementary or SIIlCOI1dary 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 fuD- time special education teacher in a public or nonprofit elementary or secondary school system. . a fuU-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 haIIe a shortage of qualified teachers In that State. R. Early Intervention ServIces. a full-time qualified professional provider of .-Iy 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 /v;t. Early Intervention Services are provided to Infants and toddlers with d1sabiUtIes. C. Law Enforcement or COI1'<<tkms Omcer · a full-time law enforcement oftker for an eligible local. State. or Federal law enforcement agency; or . a lidJ-time corrections officer for an eligible local. State. or Federal corrections agency. D. Nurse or Medical Teclmidan. a Cull-time nurse providing health care evices; or. a full-time medicallIlChnician 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, 0 and E a portion of thb 10m will be canceled at the foUowing rates: . 15% of the original princlpalloan amount for each of the first and second yeers; . 20% 0( the original princIpII1loan amount for each of the third ~ and fourth years; and . 30% of the original princtpalloan amount for the fifth 'JI!IIIC. F. Head Start Cancellation - Upon making a properly documented written request to the school, I am entitled to haIIe up to 100% of the original prindpalloan amount canceled for qualifying service performed after I receive the loan as: . a full-time stalJ member In the educational component of a Head Start program which Is operated for a period comparable to a full school )'elr and which pays a salary comJ*3ble to an employee of the local educa- tional agency. Cancellation Rate - For each completed year 0( service under the Head Start Canceuatlon provision. this loan wiD be canceled at the rate of 15% of the original prlndpalloan amount. G. Military Cancellation - Upon making a properly documented written request to the school. I am entitled to haIIe up to 50% of the principal amount of this loan canceled for qualifying service perfonned 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 or Title 37 of the United States Code. Cancellation Rate - For each completed year of service under the Military Cancellation provision. this loan wiD be canceled at the rate of 12 112% of the original principal loan amount. H. Volunteer Service Cancelladon - 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 po-tion of this loan will be canceled at the following rates: . 15% of the original principal loan amount for each of the rust and second 12-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 Disab1l1ty 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, 00273-000-00-1941 -09 Promissory Note-Federal Perkins J .()~n Proer~rn [Any bracketed clause or paragraph may be included at option of institution.]. . I, Qnl)E'Y't leE' 'f,(\j"Jillr'J ,promisetopayto Dlcklnson Colleqe (hereiDafterca1ledthe Institution), located at Carl is Ie. 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 coUection COltS, including attorDey fees and other chargu, neceuary for the collection of any amount not paid when due. I fUrther understand and agree that: I.~ (1) Aoolicable Law. All sums advanced under this DOte are drawn from a fuud created under Part E of Title IV of the Higher Educaboo Act of 1965, as amended (hereinafter called the Act), and are subject to the Act and the Federal regulatioos issued under the Act. The terms of this note shall be interpreted in accordance with the Act and Federal regu1atiollS, copies of which are to be kept by the IDstitution. (2) Procedures for Receivin2 Defennent. Cancellation. or Forbearance. I understand that, to receive a deferment, canc:ellation, or forbearance, I must request the deferment, cancellation, or forbearance in writing from the IDstitution and must submit to the IDstitution allY documentation required by the Institution to prove that I qualify for the deferment, canc:eUation, or forbearance. I further understand that, if I am eligible for deferment, cancellation, or forbearance under Articles VI through XIV, I am respoDSible for IUbmittiDg the appropriate requests on time. I fUrther understand that I may lose my deferment, cancellation, and forbearance benefits if I fail to file my request on time. n. 1!!!!W1 Interest shall accrue from the begimWlg of the repayment period and shall be at the ANNUAL PERCENTAGE RATE OF FlVE PERCENT (5"') on the unpaid balance, except that no interest shall accrue during any deferment period described in Article vn. m. Reoavmeat (1) I promise to repay the principal and the interest that accrues on it to the Institution over a period begiDDing Dine (9) months after the date I cease to be at lcUt a half-time regular student at an institution of higher education, or at a comparable institution ouuide the United Statu approved for this purpose by the United States Secretary of Education (hereinafter called the Secretary), and eDdiDa ten (10) years later, uDlea that period is [shortened under paragraph m(S), or} extended under paragraphs m(4), mm (exteDlioas), W(1), or VlI(3) (defermeDtI). (2) UpoD my written request, the repayment period may start on a date earlier than the ODe indicated in parqraph met). (3)(A) I promise to repay the principal and interest over the course of the repayment period in equalmootbJy. bimonthly, or quarterly installments, as determined by the Institution. I understand that, if my in.sta1lment paymeDt for all the loans made to me by the In.Ititutioo iI DOt a multiple of $5, the IDstitution may round that payment to the next highest dollar amount that is a multiple of $5. (B) NotwithSWlding paragraph m(3)(A), upon my wriuen request, repayment may be made in graduated installments in accordance with a scbedule approved by the Secretary. (4) NotwithSlallding paragraph m(l), if I qualify as a low-income individual duriDg the repayment period, the IDstitution, upon my written request, may utend the repayment period for up to an additional ten (10) years and may adjust any repayment schedule to reflect my income. [(S)(A) If the monthly rate that would be established under paraaraph m(l), or the total monthly repayment rate of principal and interest on aU my Federal Perkiu Loans, including this loan, illess than $40.00 per month, I shall repay the priDcipal and intereat on this loan at the rate of $40.00 per month (which includes both principal aIld interest). (S)(B) If I have received Federal Perkins Loans from other institutiODS and the total monthly repayment rate 00 thou 108Dl illea tlw1 $40 . 00 the $40 . 00 monthly payment established under mbparagraph lII(S)(A) includu the amouats I owe 00 aU my OUtfhoftdiflg Federal Perltins Loans, including those received from other institutions. The ponioa of the $40.00 moathly payment that will be applied to this loan will be the difference betweeD $40.00 and the total of the amouDts owed at a monthly rate on my other Federal Perkins Loans. (6) Tbe ,Institution may permit me to pay less than the rate of $40. 00 per month for a period of not more thaD one (1) year where neceaary to avoid hardship to me unless that action would extend the repayment period in paragraph III(I).) (T) 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, circumslances such as prolonged illoess or unemployment prevent me from ma1ciIIg the scheduled repayments. How8ver, interest shall continue to accrue. IV. Preoavment (1) I may, at my option and without peoalty, prepay all or any part of the principal, plus allY accrued interest thereon, at any time. a) Amounts I repay in the academic year in which the loan was made and the initial grace period has DOt eoded will be \lied 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 thou amounts in excess of the amount due for any repayment period shall be cOlISidered 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 priDcipal, interest, late charges, and collection costs, if- (A) I do not malee a scheduled payment when due under the repayment schedule established by the I.astitution; and (B) I do not submit to the Institution, 00 or before the date on which payment is due, documentation that I qualify for a deferment, cancellation, or forbearance as described in Articles VI, VII, VIll, IX, X. XI, XII, xm, or XIV of this agreement. a) I understand that the Institution may disclose to credit bureau organizations the amount of loans made to me, along with other relevant Page 1 of 4 Federal Perkins/July 1993 EXHIBIT "B" information. (3) I understand that, if I default on my loan, the Institution may disclose that I bave 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 bave 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 forbeanmce. (6) I understand that, if I default on my loan, I will lose my right to defer repayments. (1) I understand that, if the Institution accelerates the loan under paragraph VO), I will lose my right to receive a cancellation of a portion of my loan for any service deacribed io Article. vm, IX, X, XI, XII, xm, or XIV performed after the date the Institutioo accelerated the loan. (8) I understand that failure to pay this obligatioo uoder the term. agreed upon will prevent my obtaining additiooal studeot financial aid authorized under Title IV of the Higher Education Act of 1965, .. amended, until I have made arrangements that are satisfactory to the Institution or the Secretary regarding the repayment of the loan. VI. Forbearance (I) I understand that, upon making a properly documeoted written request to the Institution, I am entitled to be granted forbearaDce of principal and interest or principal only, renewable at 12-month intervals, for a period DOt to exceed three yean, if- (A) My debt burden equal. or exceeds 20 percent of my gross income; or (B) The Institution determines that I qualify for other reasons. vn. Deferment (1) I understand that, upon making a properly documented writteo request to the Institution, I may defer making scheduled iDstallment payments and will not be liable for any interest that might otherwise accrue duriog 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 coune of study at an eligible institution; (ii) Enrolled and in attendance as a regular studeot io a course of study that is part of a graduate fellowship program approved by the Secretary; (iii) Engaged in graduate or post-graduate fellowship-supported study (such as a Fulbright grant) outside the United States; or (iv) Enrolled and in attendance in a course of study that is part of a rehabilitation tnliniog program for disabled individuals approved by the Secretary. (B) For ADY period that I am engaged in service described in Articles vm, IX, X, XI, XII, xm, or XIV of this agreement. (C) For a period DOt to exceed three (3) years during which- (i) I am teekiDg ud unable to find full-time employment; or (ii) For uy re&lOll that my Institution determines bas cauJed or will cause me to have AD economic bardsbip. (2) I uDdel'ltaDd that I am not eligible for a deferment under paragraph (VII)(l)(A) while I am'serving in a medical interubip or resideocy proCraJD. (3) I undentand that I may coDtiDue to defer makinc ICbeduled installment payments and will DOt be liable for 80y interest that micbt otherwile accrue for a six (6) month period immediately following the expiration of lIDY deferment provided in paracraph VD(l). vm. Teachin2 Cancellation (1) I understand that. upon makiDg a properly documented writtell request to the IAstitutioll, I am entided to have up to 100 perceDl of the amount of this loan plus the interest thereon canceled if I perform qualifyinC service after the period for which I received the Ioan- (A) A$ a full-time teacher ill 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 .rvice for funds under Chapter 1 of the Education Consolidation and Improvement Act of 1981, u amended, and which haa been designated by the Secretary (after consultation with eacb State Department of Education) in accordance with the provisions of IeCtion 465(a)(2) of the Act as a IChool with a high concentration of students from low-income families. An official Directory of designated low-income IChools is published annually by the Secretary; (B) Ju a full-time special education teacher (including teacbers of infants, toddlers, cbildren, or youth with disabilities) ill a public or other nonprofit elementary or secondary ICboolsystem, 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 IDdividuals With Disabilities Education Act; or (C) Ju a full-time teacher of mathematics, science, foreign languages, bilingual education, or lIDY other field of expertise that is determilled by the State Departmeot 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 aDd leCond 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; aDd (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 entided 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 fun-time ltaff 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 Perlcinsfluly 1993 (8) My wary is not more than the salary of a comparable employee of the local educatioaal agency. (2) This loan will be canceled at the rate of 15 percent of the total principal amount of the loan plus iarereat on the unpaid balanc:e accruing during that year for each complete school year or equivalent period of service in a Head Start pro&J'&lD. (3) Head Start is a preschool program carried out under the Head Start Act. X. Militarv Cancellation (1) I understand that, upon malting a properly documented written request to the Institution, I am elllitled to have up to SO 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 ballUlCe accruing during that year for each complete year of such qualifying service after the period for which I received the loan. XI. Volunteer Service Cancellatioo (1) I understand that, upon malting 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) ~ a volunteer uDder the Peace Corps Act; or (8) ~ a voluuteer uDder 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 00 the unpaid balance aceruiDg during that year for each of the first ad second twelve (12) month periods of volunteer service completed; and (8) 20 percent of the total principal amount of the loan plus interest OD the unpaid balance accruing cIllring that year for eacb of the third aad fourth twelve (12) month periods of volunteer service completed. XII. Law Enforcement or Corrections Officer Cancellation (1) I understand that, upon malting a properly documented written request to the Institution, I am entitled to have up to 100 percent of the amount of this loan plus the interest thereon canceled if I perform qualifyiJlg service after the period for which I received the loan- (A) ~ a full-time law enforcement officer for service to an eligible local, State, or Federal law enforcement Aleney; or (8) ~ a full-time corrections officer for service to an eligible local, State, or Federal corrections agflllCY. (2) A portion of thia loan will be canceled for each completed year of law enforcement or correctiolll service al the following rates: (A) 15 percent of the total prineipal amount of the loan plus interest on the unpaid balance accruiDl duriog that year for Neb of the first aDd leCond complete years of thal service; (B) 20 percent of the total principal amount of the loan plus interest on the unpaid balance accruing d1Jring that year for each of the thinl aDd fourth complete years of thal service; and (C) 30 percent of the total principal amount of the loan plus interest on the unpaid balance accruing during that year for the fifth complete year of that service. XIII. NU{le or Medical Technician Cancellation (1) I underltlUld thal, upon malting a properly documented written request to the Institution, I am entitled to have up to 100 percent of the amount of this loan plus the interest thereon canceled if I perform qualifying service after the period for which I received the loaD as a full-time nune or medical technician providing health care services. (2) A portion of thia 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 balanc:e accruing during that year for each of the tint and second complete years of thal 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. Chil~ or FlImilv Service A2encv Cancellation . (1) I understand that, upon maltinl a properly documented written request to the Institution, I am entitled to have up to 100 percent of the Ulount of this loan plus interest thereon c:anceled if I perform qualifying service after the period for which I received the loan as a full-time employee of &D 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 thia 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 thal year for each of the firll 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 Di$8.bilitv Cancellation (I) 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. Chan2e in Nam9. Address. Teleohone 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 xvn. Late Char2e (1) The InstitutiOD will impcne a'laJe charge if- (A) I do not make a scheduled paymeDt when it is due; and (B) I do oot submit to the ~tutiOD, OD or before the cIac. on which paymeDt i. due, documentation that I qualify for a defermeDt, cancellation, or forbeanuK:e.. ducribed in Articles VI, W, vm, IX, X, XI, XlI, XIII, or XIV of this agreement. a) No charge may exceed 20 percent of my monthly, bimonthly, or quarterly payment. (J)(A) The Institution may- (i) Add the late charge to the principaJ the day after the scheduled repayment waa 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 principaJ of the loan, it must so inform me before the due date of the next iDStallment. XYm. Assi2nment (1) This note may be assigned by the Institutioa only lO- (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. a) The provisions of this note that relate to the Institution shall, where appropriate, relate to aD assignee. (3) Any bolder of this loan is su6ject to aJI claims and defeasea that I could assert against the Institution that made this Iou; my recovery is limited to the amount I repaid 00 this loan. XIX. Prior Loans I bereby certify that I have listed below aJI of the Federal Perlcins Loans I have obtained at other institutions. (If no prior 10IlIlS bave beell received, state -NODe. ") FEDERAL PERKINS LOANS AT OTHER INSTITUrIONS Amount Date Institution 1 2 3 4 xx. Schedule of Advance' The following amounts were adVaDced to me under this loan agreement 011 the elates iDclicated: AmOUllt Date SigDatUre of Borrower 1 <h100.00 9-1-95 '. ( .,--{-,,~--j .~. ~.,,- 1/.j. 2 '1;100.00 1-23-96 1- /, I,: 1" j. 1. - ,...../:7 3 4 NOnCE TO BORROWER: DO NOT SIGN THIS NOTE BEFORE YOU READ IT. ItlNDERSTAND AND AGREE TO AIL OFTBE FOREGOING TERMS AND CONDmONS. (This note is signed as a sealed iDStrUment.) ~Sigoature -.fl' c l-.: ,d ,~~ <~1 (~C~, Date I (. ", I (fJ- r(seaI)) ,.,,~- ,19~ Permanent Address (Street or Box Number, City, State, and Zip Code) Social Security Number (borrower must provide) The borrower aDd Institution shaJl execute this note without security and without endorsement. The Institution shaJI provide a copy of this Dote to you and you should retain the copy for your records. (Authority: 20 U.S.C.I087dd) Page 4 of 4 Federal PerkiDslJuly 1993 -09 Promissory Note-Federal Perkins Loan Pro[!ram [Any b~k~ted cla~se or,.,parag{aph may be included at option of institution.). . I, KODert L. bat 11 ng , promise to pay to 01 ck 1 nson Co 11 eQe (hereinafter called the Institution), located at Car 1 is 1 e. P A 17013-2896 , the sum of the amounts that are advanced to me and endorsed in the Schedule of Advances set forth below. I promise to pay all reasonable collection costs, including attorney fees and other charges, necessary for the collection of any amount not paid when due. I further understand and agree that: I. General (1) 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 Receivin2 Deferment. Cancellation. or Forbearance. I understand that, to receive a deferment, cancellation, or forbearance, I must request the deferment, cancellation, or forbearance in writing from the Institution and must submit to the Institution any documentation required by the Institution to prove that I qualify for the deferment, cancellation, or forbearance. I further understand that, if I am eligible for deferment, cancellation, or forbearance under Articles VI through XIV, I am responsible for submitting the appropriate requests on time. I further understand that I may lose my deferment, cancellation, and forbearance benefits if I fail to file my request on time. II. Interest Interest shall accrue from the beginning of the repayment period and shall be at 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. m. 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 m(S), or] extended under paragraphs m(4), m(7) (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 m(3)(A), upon my written request, repayment may be made in graduated installments in accordance with a schedule approved by the Secretary. (4) Notwithstanding paragraph m(l), if I qualify as a low-income individual during the repayment period, the Institution, upon my written request, may extend the repayment period for up to an additional ten (10) years and may adjust any repayment schedule to reflect my income. [(S)(A) If the monthly rate that would be established under paragraph m(I), 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 m(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 m(l).] (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 malcing the scheduled repayments. However, interest shall continue to accrue. IV. Prepayment (1) I may, at my option and without penalty, prepay all or any part of the principal, plus any accrued interest thereon, at any time. (2) Amounts I repay in the academic year in which the loan was made and the initial grace period has not ended will be used to reduce the amount of the loan and will not be considered a prepayment. (3) If I repay amounts during the academic year in which the loan was made and the initial grace period ended, only those amounts in excess of the amount due for any repayment period shall be considered a prepayment. (4) If, in an academic year other than the award year in which the loan was made, I repay more than the amount due for an installment, the excess will be used to repay principal unless I designate it as an advance payment of the next regular installment. V. Default (1) The Institution may, at its option, declare my loan to be in default and may demand immediate payment of the entire unpaid balance of the loan, including principal, interest, late charges, and collection costs, if-- (A) I do not make a scheduled payment when due under the repayment schedule established by the Institution; and (B) I do not submit to the Institution, on or before the date on which payment is due, documentation that I qualify for a deferment, cancellation, or forbearance as described in Articles VI, vn, VIII, IX, X, XI, xn, XIII, or XIV of this agreement. (2) I understand that the Institution may disclose to credit bureau organizations the amount of loans made to me, along with other relevant Page 1 of 4 Federal Perkins/July 1993 EXHIBIT "e" 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. (T) 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, XU, xm, or XIV performed after the date the Institution accelerated the loan. (8) I understand that failure to pay this obligation under the terms agreed upon will prevent my obtaining additional student financial aid authorized under Title IV of the Higher Education Act of 1965, as amended, until I have made arrangements that are satisfactory to the Institution or the Secretary regarding the repayment of the loan. VI. Forbearance (1) 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. Deferment (1) I understand that, upon making a properly documented written request to the Institution, I may defer making scheduled installment payments and will not be liable for any interest that might otherwise accrue during the following periods: (A) For any period that I am- (i) Enrolled and in attendance as a regular student in at least a half.time course of study at an eligible institution; (ii) Enrolled and in attendance as a regular student in a course of study that is part of a graduate fellowship program approved by the Secretary: (Hi) Engaged in graduate or post-graduate fellowship-supported study (such as a Fulbright grant) outside the United States; or (iv) Enrolled and in attendance in a course of study that is part of a rehabilitation training program for disabled individuals approved by the Secretary. (B) For any period that I am engaged in service described in Articles vm, IX, X, XI, XU, xm, or XIV of this agreement. (C) For a period not to exceed three (3) years during which- (i) I am seeking and unable to find full-time employment: or (ii) For any reason that my Institution determines has caused or will cause me to have an economic hardship. (2) I understand that I am not eligible for a deferment under paragraph (Vll)(1)(A) while I am;serving in a medical internship or residency program. (3) I understand that I may continue to defer making scheduled installment payments and will not be liable for any interest that might otherwise accrue for a six (6) month period immediately following the expiration of any deferment provided in paragraph W(l). vm. Teachinl! 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. Au 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. rx. 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 Perlcins/Iuly 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. Militarv Cancellation (1) I understand that, upon making a properly documented written request to the Institution, I am entitled to have up to 50 percent of the principal amount of this loan plus the interest thereon canceled if I serve as a member of the Armed Forces of the United Slates 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) M a volunteer under the Peace Corps Act: or (B) M 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 malting a properly documented written request to the Institution, I am entitled to have up to 100 percent of the amount of this loan plus the interest thereon canceled if I perform qualifying service after the period for which I received the loan- (A) loB a full-time law enforcement officer for service to an eligible local, State, or Federal law enforcement agency: or (B) loB 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. XIn. Nurse or Medical Technician Cancellation (1) I understand that, upon malting a properly documented written request to the Institution, I am entitled to have up to 100 percent of the amount of this loan 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 tirst 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 AlZencv Cancellation (1) I understand that, upon malting a properly documented written request to the Institution, I am entitled to have up to 100 percent of the amount of this loan 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) IS percent of the total principal amount of the loan plus interest on the unpaid balance accruing during that year for each of the first and second complete years of that service; (B) 20 percent of the total principal amount of the loan plus interest on the unpaid balance accruing during that year for each of the third and fourth complete years of that service: and (C) 30 percent of the total principal amount of the loan plus interest on the unpaid balance accruing during that year for the fifth complete year of that service. XV. Death and Disability Cancellation (1) In the event of my death, the total amount owed on this loan will be canceled. (2) If I become permanently and totally disabled after I receive this loan. the Institution will cancel the total amount of this loan. XVI. Chanl!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 xvn. Late Chan,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 Imtitution, on or before the date on which payment i. due, documentation that I qualify for a deferment, cancel1ation, or forbearance as described in Articles VI, VII, vm, IX, X, XI, xn, 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 iDStallment. XVIII. 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 I 2 3 4 XX. Schedule of Advances The fol1owing amounts were advanced to me under this loan agreement on the dates indicated: Amount Date Signature of Borrower {~~.:f -1.. .~ [rJ:. t{~, ( i. ii.~ JiI- 1 2 3 4 $1,000_00 $1 ,000. 00 Po./?,O/Q4 ] / ?/, / q r:, NOTICE TO BORROWER: DO NOT SIGN THIS NOm BEFORE YOU READ IT. I UNDERSJ'AND AND AGREE TO ALL OF THE FOREGOING TERMS AND CONDmONS. [This note is signed as a sealed instrument.) I()^fl~---- . iL ,j"' '_ I '( Signature r L ""-co I. . L '__ !f.I-. Date 'i!r t) 19 <-I , 19L [(seal)} Permanent Address (Street or Box Number, City, State, and Zip Code) .9 (f-( C: Q (\ ') 'f L~'.cj l:' t\)l-"T~ r A I ')~ 3c / Social Security Number (borrower must provide) (f q- f j --{( Y J The borrower and Institution shall execute this note without security and without endorsement. The Institution shall provide a copy of this note to you and you should retain the copy for your records. (Authority: 20 U.S.C.1087dd) Page 4 of 4 Federal Perkins/July 1993 -09 Promissory Note-Federal Perkins Loan Program [Any bracketed clause or paragraph may be included at option of institution. I I, Robert Gatlinq , promise to pay to Dickinson College (hereinafter called the Institution), located at Car 1 i 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 collection costs, including attorney fees and other charges, necessary for the collection of any amount not paid when due. I further understand and agree that: I. General (1) Applicable Law. All sums advanced under this note are drawn from a fund created under Part E of Title N 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 Receivinl!. Deferment. Cancellation. or Forbearance. I understand that, to receive a deferment, cancellation, or forbearance, I must request the deferment, cancellation, or forbearance in writing from the Institution and must submit to the Institution any documentation required by the Institution to prove that I qualify for the deferment, cancellation, or forbearance. I further understand that, if I am eligible for deferment, cancellation, or forbearance under Articles VI through XIV, I am responsible for submitting the appropriate requests on time. I further understand that I may lose my deferment, cancellation, and forbearance benefits if I fail to file my request on time. II. Interest Interest shall accrue from the beginning of the repayment period and shall be at the ANNUAL PERCENfAGE RATE OF FlVE PERCENT (5%) on the unpaid balance, except that no interest shall accrue during any deferment period described in Article VII. ill. Repayment (1) I promise to repay the principal and the interest that accrues on it to the Institution over a period beginning nine (9) months after the date I cease to be at least a half-time regular student at an institution of higher education, or at a comparable institution outside the United States approved for this purpose by the United States Secretary of Education (hereinafter called the Secretary), and ending ten (10) years later, unless that period is [shortened under paragraph Ill(5), or} extended under paragraphs Ill(4), ill(7) (extensions), VII(I), or VII(3) (deferments). (2) Upon my written request, the repayment period may start on a date earlier than the one indicated in paragraph ill(l). (J)(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 Sec retary . (4) Notwithstanding paragraph Ill(l), if I qualify as a low-income individual during the repayment period, the Institution, upon my written request, may extend the repayment period for up to an additional ten (10) years and may adjust any repayment schedule to reflect my income. [(5)(A) If the monthly rate that would be established under paragraph ill(I), 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 (1) year where necessary to avoid hardship to me unless that action would extend the repayment period in paragraph III(l).] (T) The Institution may, upon my written request, reduce any scheduled repayments or extend the repayment period indicated in paragraph ill(I), if, in its opinion, circumstances such as prolonged illness or unemployment prevent me from making the scheduled repayments. However, interest shall continue to accrue. IV. Prepayment (1) 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 lnstitution; and (B) I do not submit to the Institution, on or before the date on which payment is due, documentation that I qualify for a deferment, cancellation, or forbearance as described in Articles VI, VII, vm, IX, X, XI, xn, xm, or XIV of this agreement. (2) I understand that the Institution may disclose to credit bureau organizations the amount of loans made to me, along with other relevant Page 1 of 4 Federal Perkins/July 1993 EXHIBIT "D" 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. (T) I understand that, if the Institution accelerates the loan under paragraph V(I), I will lose my right to receive a cancellation of a portion of my loan for any service described in Articles VITI, IX, X, XI, XII, xm, or XIV performed after the date the Institution accelerated the loan. (8) I understand that failure to pay this obligation under the terms agreed upon will prevent my obtaining additional student financial aid authorized under Title IV of the Higher Education Act of 1965, as amended, until I have made arrangements that are satisfactory to the Institution or the Secretary regarding the repayment of the loan. VI. Forbearance (1) I understand that, upon malting a properly documented written request to the Institution, I am entitled to be granted forbearance of principal and interest or principal only, renewable at 12-month intervals, for a period not to exceed three years, if- (A) My debt burden equals or exceeds 20 percent of my gross income; or (B) The Institution determines that I qualify for other reasons. VII. Deferment (1) I understand that, upon malting a properly documented written request to the Institution, I may defer making scheduled installment payments and will not be liable for any interest that might otherwise accrue during the following periods: (A) For any period that I am- (i) Enrolled and in attendance as a regular student in at least a half-time course of study at an eligible institution; (ii) Enrolled and in attendance as a regular student in a course of study that is part of a graduate fellowship program approved by the Secretary; (iii) Engaged in graduate or post-graduate fellowship-supported study (such as a Fulbright grant) outside the United States: or (iv) Enrolled and in attendance in a course of study that is part of a rehabilitation training program for disabled individuals approved by the Secretary. (B) For any period that I am engaged in service described in Articles vm, IX, X, XI, XII, xm, or XIV of this agreement. (C) For a period not to exceed three (3) years during which-- (i) I am seeking and unable to find full-time employment; or (ii) For any reason that my Institution determines has caused or will cause me to have an economic hardship. (2) I understand that I am not eligible for a deferment under paragraph (Vll)(l)(A) while I am'serving in a medical internship or residency program. (3) I understand that I may continue to defer malting scheduled installment payments and will not be liable for any interest that might otherwise accrue for a six (6) month period immediately following the expiration of any deferment provided in paragraph VU(l). VIll. Teachine: Cancellation (1) I understand that, upon malting a properly documented written request to the Institution, I am entitled to have up to 100 percent of the amount of this loan 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 Stale 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 malting a properly documented written request to the Institution, I am entitled to have up to 100 percent of the amount of this loan plus 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 (8) 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) IS 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) IS percent of the total principal amount of the loan plus interest on the unpaid balance accruing during that year for each of the first and second complete years of that service; (B) 20 percent of the total principal amount of the loan plus interest on the unpaid balance accruing during that year for each of the third and fourth complete years of that service; and (C) 30 percent of the total principal amount of the loan plus interest on the unpaid balance accruing during that year for the fifth complete year of that service. XIII. Nurse or Medical Technician Cancellation (1) I understand that, upon making a properly documented written request to the Institution, I am entitled to have up to 100 percent of the amount of this loan plus the interest thereon canceled if I perform qualifying service after the period for which I received the loan as a full-time nurse or medical technician providing health care services. (2) A portion of this loan will be canceled for each completed year of service at the following rates: (A) IS 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; (8) 20 percent of the total principal amount of the loan plus interest on the unpaid balance accruing during that year for each of the third and fourth complete years of that service; and (C) 30 percent of the total principal amount of the loan plus interest on the unpaid balance accruing during that year for the fifth complete year of that service, XIV. Child or Family Service AlZenCy 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. ChanlZe 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 xvn. Late CharlZ.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, VIT, VUl, IX, X, XI, XU, XIll, 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. Assitmment (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 J 4 XX. Schedule of Advances The following amounts were advanced to me under this loan agreement on the dates indicated: Amount Date Signatu~e of Borrower I' ,,/ "I r;T . ..40 ~ 1... , fj" I-U- '\'t,iv~~~ ,!. .t, ~~.~ 1 2 J 4 $1,000.00 $1,000.00 8/11/93 1/12/94 NOTICE TO BORROWER: 00 NOT SIGN THIS NOTE BEFORE YOU READ IT. I UNDERSfAND AND AGREE TO ALL OF THE FOREGOING TERMS AND CONDmONS. [This note iSliigned as a sealed instrument.} . { '1 .(.' , - /.- , I l' Signatu,re ,I ~.,()~ ,il: ',j[, ;i- (~t.~,j ( ,-J I Ie" -:> Date /..:. f..?rf!<-'-( -; , 19l:> 71+ [(seal)) Permanent Address (Street or Box Number, City, State, and Zip Code) { l. r.... c:.. A i ~,~ ,!cA2; ... "'\ t...-'" - C '/ I C-Y (- Social Security Number (borrower must provide) 1'\ (i - ) ) - I C ,~/L( ,.>\ ' liC\K Si. ') , I {e~~_ =~71 y../ :) Li(":...t.. 1 c ( S- "5 c ( The borrower and Institution shall execute this note without security and without endorsement. The Institution shall provide a copy of this note to you and you should retain the copy for your records. (Authority: 20 U.S.C.1087dd) Page 4 of 4 Federal Perkins/July 1993 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 ~ Thomas Meyer Bursar of Dickinson College Dated: F:IFILESIDA T AFl LE\DickinsonCollege76 t 9lCollectionslCurrent\287-coml, wpd ~~ ~-) '. -r-... ?- "-/ .--. ~~ ~ .-j -S\ C:E t.../' ~ ~c~ ~ c' (0) (') r-:> ~ (;:::3 c:; c.? .' ~ .-{ .:'... % .~i. i \,~.. ; :t::n n ~ , 0 rnhi .....: . ' ", ~~ x:- qc. .", "'"f' -0 (,"l::d :J'. 2:0 C.f! (jrn ~ C' :;'z 0' F:\FILES\DA T AFILEIDickinsonCol1ege7619ICollections\CuITent\287.pral Created: 2nl05 2:13PM Revised; 2/7/05 2:20PM 7619C287 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 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v, NO. 04-5929 CIVIL ACTION-LAW ROBERT L. GATLING, III, Defendant. JURY TRIAL OF TWELVE DEMANDED PRAECIPE Please reinstate the attached Complaint against Robert L. Gatling, III, in the above-captioned action and return same to the undersigned for service. By David R Galloway, Esquire r. D. Number 87326 Ten East High Street Carlisle, P A 17013 (717) 243-3341 Date: February 7,2005 Attorneys for Plaintiff ( '<) f".) - -------- SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2004-05929 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DICKINSON COLLEGE VS GATLING ROBERT L III R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: GATLING ROBERT L III but was unable to locate Him in his bailiwick. He therefore deputized the sheriff of WASHINGTON County, Pennsylvania, to serve the within COMPLAINT & NOTICE On December 27th, 2004 , this office was In receipt of the attached return from WASHINGTON Sheriff's Costs: Docketing Out of County Surcharge Dep Washington Co 18.00 9.00 10.00 33.83 .00 70.83 12/27/2004 MDW&O omas Kline riff of Cumberland County Sworn and subscribed to before me this I /,,;7 ~../- /; day of (/'.(".I~7 dOV !y' A. D . (~~ CJ ~/J~ ~'. I Prothonotary' .. Washington County, Pennsylvania Office of the Sheriff John C. Rheel Sheriff Courthouse Square Suite 10 1 100 West Beau Street Washington, Pa 1530 I 724<-228-684<0 Fax 724<-223-4<719 T William Bryker Chief Deputy Sheriff File Number - 04002366 Court Docket #: 04-5929 CIVIL County of WASHINGTON, Commonwealth of PENNSYLVANIA DICKINSON COLLEGE Affidavit of Service YS. COMPLAINT ROBERT 1. GATLING III I hereby CERTIFY and RETURN that on 12/8/2004 at 10:30AM service was attempted with the due diligence and inquiry for ROBERT 1. GATLING III. Service was unable to be made for the following reasons: AS PER ROBERT"S FATHER, HIS SON ROBERT 1. GATLING III DOES NOT LIVE AT THIS RESIDENCE. HE HAS NO IDEA WHERE HIS SON RESIDES. SERVICE ATTEMPTS Date: 12/8/2004 Time: 10:30 am 437 EAST HALLAM AVENUE WASHINGTON, PA 15301 Fees Received from Attorney: N, E. l. ($5,00). MILEAGE ($333), POSTAGE ($1.00), FIRST DEFENDANT BASE COST ($24.50) Total Charges $33.X3 Attorney Name: MARTSON DEARDORFF WILLIAMS & OTTO, TEN EAST HIGH STREET, CARLISLE, PA 17013 Affirmed & Subscribed to before Me December 9, 2004 MICHAEL GASTGEB, Deputy Sheriff '1 ( \1__," ..~'~~/ ~.~ ' CC:I;JC~ .,~, ,,'__.)--a.~~-:. ., Notary Public -----.----.---'-.~.,--J. r I. .~.. ~ '~'f" <;.",1(' .t~- f..... ,,','.!.,. '.'~'''' . '" .. . T,;~;~! ~. r-~.r:.t:':':.f\a. N(1t0.f''l P~bric My commiSSIon expIres: I,\J',r"'''l~'''"' W~":f'<Jt()~ C':'\Jr-~I' '?A 'I '..1.'" ", '-'" .,~'.;, ,..,), ,. ,..,.i . -, , cf461ZL ....J Sheriff of Washington County F: \FILES\DA T AFILE\DickinsonCollege7619\Collections\Current\287\pra2 Created: 8f3/05 2:53PM Revised: 8/3/052:55PM 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 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 04-5929 CIVIL ACTION..LA W ROBERT L. GArLING, III, Defendant. JURY TRIAL OF TWELVE DEMANDED PRAECIPE Please reinstate the attached Complaint against Robert L. Gatling, III, in the above-captioned action and return same to the undersigned for service. F WILLIAMS & OTTO Date: August 3, 2005 Attorneys for Plaintiff r_> C-~ C-") c...n o -n .--\ ?fl~P r:-? f"_ ~, CO "...-"'! .-r,;: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DICKINSON COLLEGE, CIVIL DIVISION No.: 04-5929 Plaintiff, v. ROBERT L. GATLING, III, SUGGESTION OF BANKRUPTCY Defendant. Filed on Behalf of Defendant Robert L. Gatling, III Counsel for this party: Rice & Associates Law Firm David A. Rice, Esq. 15 West Beau Street Washington, PA 15301 (724) 225-7270 Pa. I.D. #: 50329 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DICKINSON COLLEGE, CIVIL DIVISION No.: 04-5929 Plaintiff, v. ROBERT L. GATLING, III, Defendants. SUGGESTION OF BANKRUPTCY Comes now Robert L. Gatling, III, the Defendant in the above entitled and styled cause, by and through counsel, David A. Rice, Esquire, and shows unto the Court: 1. On July 18, 2005, the Defendant filed his/her petition for relief under Section 301 of Title 11 of the United States Code in the United States Bankruptcy Court, Western District of Pennsylvania, The defendant's petition was assigned case number 05-29216. 2. Section 362 of Title 11 provides, in pertinent part, certain protections from creditors including the commencement or continuation of any process of a judicial, administrative or other action or proceeding against the debtor that was or could have been commenced before the commencement of the case under this Title, or to recover a claim against the debtor that arose before the commencement of the case under the Bankruptcy Court, WHEREFORE, the Defendant respectfully requests that these civil proceedings against him/her be stayed without further hearing or orde 's Court. Associates Law Firm David A. Rice, Esq, 15 West Beau Street Washington, PA 15301 (724) 225-7270 Pa. 1.0. #: 50329 CERTIFICATE OF SERVICE The undersigned hereby certifies that on this 23rd day of March 2005, a true and correct copy of the foregoing Suggestion of Bankruptcy was sent via prepaid first class U.S. mail to the following: Martson Deardorff Williams & Otto Ten East High Street Carlisle, PA 17013 ~ r~! ~Rlce, Esq. '''--_ / o c -~;;;; ~ ,..., q ~ _,f'" '(:::0- G') 1"':> ,p \.." c. -;::, ~--) ,...~- c;;(.. -' 4:...;1. fnr '-oJi"t, ~qc;. . '~'. \ ~,.,~ (~! ~ , ....\.1 :~~\ ';L.. -0 ,......' 0' o ..p ~ t F: IFILESIDA T AFILElDiclinsonCollege76 I 9lCollectionslCurrentl287lpra4/tde Created: 6/13/03 11 :08AM Revised: 5/26/06 !0:35AM 7619C. DICKINSON COLLEGE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 04-5929 - CIVIL ACTION-LAW ROBERT L. GATLING, ill, Defendant JURY TRIAL OF TWELVE DEMANDED AFFIDAVIT OF DUE DILIGENCE AND RELATED COSTS I, Christopher E. Rice, being duly sworn according to law upon my oath, depose and say, that I am over 18 years of age. I hereby certify that on January 7, 2005, I completed due and diligent attempts to serve Defendant, Robert L. Gatling, III (by certified mail, restricted delivery, at his last known place of residence, 620 East Town Street, Apt. G, Columbus, OH 43215. I therefore return this Complaint without service upon Defendant, Robert L. Gatling, ill. Cost of attempted service was $8.61. Diligent attempts were made per the following notations: See copy of Envelope attached hereto. I certify that the foregoing statements made by me are true, correct and my free act and deed. I am aware that if any of the foregoing statements made by me are willfully false, I am subject to punishment. U Ir--- 2 12. M Christopher E. Rice, Esquire Sworn to and subscribed before me this <))(PM1day of \'n4-d ,2006. ~p~ ~ ~~~ COMMONWEALTH OF PENNSYLVANIA Notarial Seal Melissa A. ScholIy, NotaIy Public CaI1I81e 8oro, Cumberland County My Commiselon ExpIr. Jan. 19, 2010 Member, Penn.ytvanla Anoolatlon 01 Notarl.. (") C ;:~. '" ,.,.." = <:::;:) 0"'\ ::Ii: ;p,.. -< N en :0 --r.: o 11 ~ m:JJ r- -om ??y ~:~O ~~~ Om ;~ ::0 -< N .. U1 -.I .' t :J ~ " . '.::" .~ .: ,b." f i~i . ..-_.;a, I ilU. L~I a: w :c I- ~ ~ 'S ~ CI).:E ~ I-~ - V1 Cl)ztt:c cr ....... ~ ~3:r::~c!-I .....;;J a:CCI)CI)a:' Q ~ ci:i--<l:<I:'~ ~ r.l ~ ~~ffi~~ 15 , ~ ~ t-- ~~~g~ ~ _ [""0 <.:l....z>1- Q ~ ~ _I-:c-.... Q.... ...a..<.:l........ ~ ~ ~~::)~= _ Q U Cl)I-CI) <I: ~ ~ ::!:=:~:;~ Ie ~ 1:) ~ ooo~. \u~ ; ~ ~ ~;;J !"'- n.J a- CJ a- <0 r-'l r-'l r-'l CJ CJ CJ CJ ,( r-'l r CJ r-'l IT1 's CJ CJ t' J \ ' ''':; !"'- "' ~ ~~~ g ~ ~Q';' '-'l U Cl ~ 5~z '" 0 ~ ~ ~ 12 .3 ~ " rr, r::::: < !- ;;; UJ ~ w..J .... :>: -' '- >- r'" rr. ~. z ::: z :- ~ ~o.. :r: . ~ ~ r..tJ ...J '" - .,. ::::c.,; .Jw u: J ~ - ~ l-- c.:_ ~~~ '~ ~ e:;' ,tgJ l-- !...l...I 0:: . .------.. r-'l Cl Cl Cl Cl r-'l Cl r-'l 01/07. ITl Cl Cl 1 ' !"'- _,', .' I, 4c'r- Stro"cd: ;\i.i ';-;/0- ' ,;:~'~lt::;:NO' ( .,,, '(] II, . i. . . ~:-1"_~' ' . v JI\..,l\.)-' ~ (""~l.l~tl'~' ~, L;i!' ,+,. l.l ",..~~,_x.J.!.....LJ'HJ'.:_'-- )_~I" ~.~~'" ...;,.w... (") r; ... ... r-..,;, = = C--.7"'\. o -n :i! rllr'".::: -CJ ,--;"; ::nCJ c) r _~::l() -:..;.. ,J:'..y;.." -"..:; f''' 0, 2? E5 .~ri b! :5 -< N .. c.n ~ , F: IFILESIDA T AFILElDickinsonCollege76191CollectionslCurrent1287\pra I Created: 8/3/05 2: 53 PM Revised: 5/26/06 10:35AM 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. 04-5929 - CIVIL ACTION-LAW ROBERT L. GATLING, ill, Defendant JURY TRIAL OF TWELVE DEMANDED PRAECIPE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please file the attached Proof of Service with the record in this matter. The actual costs of service is $90.00. MARTSON DEARDORFF WILLIAMS & OTTO By CL~L 5 fC- Christopher E. Rice, Esquire 10 East High Street Carlisle, PA 17013 (717) 243-3341 Date: May 24, 2006 Attorneys for Plaintiff "'-> = <:::::> 0.. ::n:: ;n. ~ ::;:J i'l1:n :.r,!F;; , .0 :~.;1 (~,; -::- ~+'i - I .~~~ U --/ p. ::0 -< -< N 0"\ -0 ~.... -'<. r:-:> c..n Q:) ,. "i. PROOF OF SERVICE CERTIFICATE / AFFIDAVIT OF SERVICE / NON-SERVICE AFFIDAVIT OF PROCESS SERVER In the matter regarding: DICKINSON COLLEGE V. ROBERT L. GATLING, 111 Case No.: 04-5929 Court: IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA Being first duly sworn. I state that I am the legally competent adult who is not a party or an officer of corporate party, and that: X I served the provided: COMPLAINT By X Personal Service 0 Registered or Certified Mail (copy of return receipt attached) on: Robert L. Gatling 111 620 East Town Street, Apt G Columbus, Ohio 43215-4844 Name/Address Sunday, August 14, 2005, 12:39pm Day/Date!fime DAfter diligent search and inquiry, I have been unable to find and serve the provided: I have made the following efforts in attempting to serve process: o On [Day, Date, Time], I personally attempted to serve copies of the [Type of Document] on: Name Address and was unable to complete service because the servee is no longer at this address. CYf.~ SU~W~ to and Wore me 00 S/21f ! rb-:lbe Cowrty of ~ ad~ ~ of Umted 0 Am ca. Special Process Server Signature of No />-~.(ii:iAt',~>\ I .. ~: , .. . , ...... ! JANET M, MIllS '., ....."';~ j Notary PWllc, state ot Ohio Ii: _ ".0/ My """"""'"' ",*,,05-'9-07 , .,' ,..0..... ,"", po...,) = = 0"' ::!t )> -< N 01 o .." :r! n'l :!J r -om :tJ r) ,~') T 'Ie) T" '"j :n c'~o Oln :;;::i ~ .< -0 ::JI: ~ en (X) " ~ ..... " Christopher E. Rice, 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. 04-5929 - CIVIL ACTION-LAW ROBERT L. GATLING, III, Defendant JURY TRIAL OF TWELVE DEMANDED TO: ROBERT L. GATLING, III, DEFENDANT NOTICE OF ENTRY OF DEFAULT JUDGMENT You are hereby notified that on.. )u .I ) ~ '7 ,2006, the following Judgment was entered against you in the above-captioned case as follows: Principal amount of $6.331.23 Interest from August 27, 2004, through May 25,2006, at $.72 per day: Plus Attorneys' fees: Total Judgment: $457.92 $795.00 $7,584.15 Costs of suit and interest accruing at $0.72 per day from May 25,2006, shall be added to the Judgment for Defendant's failure to file an Answer to the Complaint. I hereby certify that the name and address ofthe proper person to receive this notice under Pa. R. Civ. P. 236 is: Mr. Robert L. Gatling 620 East Town Street, Apt. G Columbus, OH 43215 I ~ '1 F:\FlLES\DA T AFILElDickinsonCollege7619\Collcctions\CuTmltI287\praJ Created: 8/3/05 2:53PM Revised: 5/26/06 IO:59AM Christopher E. Rice, Esquire MARTS ON DEARDORFF WILLIAMS & OTTO Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff DICKlNSON COLLEGE, Plaintiff IN rHE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 04-5929 - CIVIL ACTION-LAW ROBERT 1. GATLING, ill, Defendant JURY TRIAL OF TWELVE DEMANDED PRAECIPE TO THE PROTHONOTARY: Enter default judgment in the above-captioned action in favor of Plaintiff and against Defendant as follows: Principal amount of $6.331.23 Interest from August 27, 2004, through May 25,2006, at $.72 per day: Plus Attorneys' fees: Total Judgment: $457.92 $795.00 $7,584.15 Costs of suit and interest accruing at $0.72 per day from May 25,2006, shall be added 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 attached hereto ) was mailed to Defendant at his last known address on May 8, 2006, which date was subsequent to the date default occurred and at least ten (10) days prior to the date of the Praecipe. MARTS ON DEARDORFF WILLIAMS & OTTO By (' ~ -4-R- s rL- Christopher E. Rice, Esquire 10 East High Street Carlisle, P A 17013 (717) 243-3341 Date: May 25, 2006 Attorneys for Plaintiff . .."" ~.. , F. \F1LES\DA T AFILE\Dickin5onCoUege7619ICollectionsICun"ent\:!.87\ 1 Od~ynotice Created: 8/3/05 :!.53PM Revised: 5/8/06 8:47AM Christopher E. Rice, Esquire MARTS ON 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 NO. 04-5929 - CIVIL ACTION-LAW v. ROBERT L. GATLING, III, Defendant JURY TRIAL OF TWELVE DEMANDED TO: ROBERT L. GATLING, III IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCEPERSONALLYORBY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOu. UNLESS YOU ACT WITHIN TEN (I 0) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD rAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HA VEALA WYER, 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 ELIGffiLE 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 MARTS ON DEARDORFF WILLIAMS & OTTO Date: May 8, 2006 By U~:.r.,.~- r Christopher E. Rice, Esqmrer . Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff ~- ~ . , J5/05/2005 07:22 8145431173 BIERBACH MCDOWELL PAGE 05 '. Fonn BI8 (Official Form 18)(10105) United States Bankruptcy Court Western District of Pennsylvania Case No. OS-29216-BM Chapter 7 In re: Debtor(s) (name(s) used by the debtor(s) in the last 8 years, including marned, maiden, trade, and address): Robert L, Gatling ill 620 East Town Street Apt.G Columbus, OH 43215 Social Security No,: xxx-xx--0681 Employex's Tax I.D. No.: D5CHARGEOFDEBTOR It appearing that the debtor is entitled to a discharge, IT IS ORDERED: The debtor is granted a discbarte under section 727 of title 11, United States Code, (the BanJauptcy Code). BY THE COURT Dated: 1/] 0/06 Bp.mant Markovitz United States Bankruptcy Judie SEE THE BACK Of' THIS ORDER FOR IMPORTANT INFORMA TION. 'C... .. '. CERTIFICATE OF SERVICE I, Tricia D. Eckenroad, an authorized agent of MARTS ON DEARDORFF WILLIAMS & OTTO, hereby certii)' that a copy of the foregoing Praecipe was served this date by depositing same in the Post Office at Carlisle, P A, first class mail, postage prepaid, addressed as follows: Mr. Robert 1. Gatling 620 East Town Street, Apt. G Columbus, OH 43215 MARTSON DEARDORFF WILLIAMS & OTTO ~1:~~Wf/1Jd Ten East High Street Carlisle, PA 17013 (717) 243-3341 Q{JAU~(aC60 Dated:~ , -' (") '" t (7;) ~ ~;~~ c::> 0 (.:;::::) 'i ('.:;r'\ .\ 7" ~ ,- -i c,: fn:n ~ C> ....~.- .. I ~n":. - () -' '..2 V F r~. ~.>. ,i., - - :v-"~ ~ \"- ~ ) ,.~.; 5 .>(j c7f!1 ...::. <.J ~ ~ :~:J -:"\ ~ N s3 ~ CJ -< ~ 11' ~ ... -t- r-- n k