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HomeMy WebLinkAbout04-5930 F .\FILES\DA T AF1LEIDickinsonColIege7619\ColIections\Current\286-com 1 wpd Created: 4/28/03 1 54'03 PM Revised: 11/24/04 10.14:47 AM 7619c.286 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 v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04- S'i 10 ~ CIVIL ACTION-LAW SALVATOREF. DELUCA, m, Defendant. JURY TRIAL OF TWELVE DEMANDED NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiffs. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCE FEE OR NO FEE: Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 Dated: November 24, 2004 WILLIAMS & OTTO F IF1LESIDA T AF1LEIDickinsonCollege7619ICollectionsICurrentI286-coml.wpd Created 11/24/04 10:09AM Revised: 11/24/04 10: 14AM 7619C 286 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 SALVATOREF.DELUCA,m, 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 Salvatore F. DeLuca, III, is an adult individual with a last known address ofR.R. 1, Box 366a, Effort, PA 18330-0791 . 3. On or about October 21,1996, Defendant entered into a Promissory Note - Federal Perkins Loan Program (Note #1) with Plaintiff for the financing of$I,500.00 plus interest and costs by Defendant on his own behalf, for educational services and benefits at Plaintiffs institution. A copy of Note #1 is attached hereto as Exhibit "A." 4. On or about October 18, 1995, Defendant entered into an additional Promissory Note - Federal Perkins Loan Program (Note #2) with Plaintiff for the financing of$I,500.00 plus interest and costs by Defendant on his own behalf, for educational services and benefits at Plaintiff s institution. A copy of Note #2 is attached hereto as Exhibit "B." 5. Note #1 and Note #2 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. 6. 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. 7. The total principal for Note #1 and Note #2 is $3,000.00. 8. Note #1 and Note #2 grant Plaintiff reasonable collection and attorney's fees which Plaintiff has calculated to be $500.00. 9. As of August 26,2004, the principal and interest due and payable by Defendant to Plaintiff was $3,981.29, plus interest accruing thereafter at $.41 per day. 10. As of August 26,2004, the outstanding balance of$3,981.29 represents the total and actual overdue value ofthe financing provided to Defendant under Note #1 and Note #2 for which Defendant has yet to pay. 11. Plaintiffhas fulfilled, performed and complied with all obligations and conditions of Note #1 and Note #2. COUNT I BREACH OF CONTRACT 12. Plaintiff hereby incorporates by reference the averments contained in Paragraphs 1 through 11 of this Complaint. 13. Defendant breached the expressed and implied obligations, conditions and terms of agreement of Note #1 and Note #2 by failing to pay the amounts financed therein. WHEREFORE, Plaintiff demands judgment against Defendant in the amount of$3,981.29, plus interest accruing at $.41 per day from August 26, 2004, collection and attorneys' fees in the amount of $500.00 and costs of suit. COUNT II IN QUANTUM MERUIT 14. Plaintiff hereby incorporates by reference the averments contained in Paragraphs 1 through 13 of this Complaint. 15. Having requested Plaintiffto loan money, and doing so to the benefit of Defendant, Defendant became liable to Plaintiff for said money. 16. Defendant has been unjustly enriched by accepting said money without paying Plaintiff reasonable compensation therefor. 17. As of August 26,2004, the total amount by which Defendant has become enriched is $3,981.29, plus interest in the amount of$.41 per day from August 26,2004. WHEREFORE, Plaintiff demands judgment against Defendant in the amount 0[$3,981.29, plus interest in the amount of$.41 per day from August 26,2004, collection and attorneys' fees in the amount of $500.00 and costs of suit. M WILLIAMS & OTTO By David R. Galloway J.D. Number 87326 \ Ten East High Street Carlisle, P A 17013-3093 (717) 243-3341 Attorneys for Plaintiff Date: November 24, 2004 FEDERAL PERKINS LOAN PROMISSORY NOTE ,- ... ,--,' ) ,~ / DeLuca, Salvatore F. 3.::-x 7- q [ ft:'F'o,t pA- !<?~3G " Ie 2. Social Security Number . ~o~. ...., '"') '"') 0 1'-1 v - (.;> Z - t..-t.-- c;.. 7 3. Date of Birth 9 - 2-/ - 1..1) 1. Name (last, first. middle initial) and Permanent Address (street. city, state, zip code) 4. Area CodelTelephone Number 7-1J- 9C?L - <Y~f7 5. Driver's License Number (Ust state abbreviation first) 6. School Name & Address (street, city, state. zip code) 7. Borrower Status 8. Interest Rate Dickinsa1 College P.O. Box 1773 Carlisle, PA 17013-2896 () HaIf.lime or greater 0 Less than hal-lime 5 % 9. Loan Amount: 10. loan Period $1,500.00 1996-97 TERMS AND CONDITIONS: [Any bracI<eIed clause or paragraph may be inCluded at option of Ul5titution ] APPLICABLE LAW - The terms of this note and any disbursements made under this note shall be interpreted in accordance with Part E of Title IV of the Higher Education Act of 1965, as amended (hereinafter called the Act). as well as Federal regulations issued under the Act. All sums advanced under this note are subject to the Act and Federal regulations issued under the Act. REPAYMENT - I am obligated to repay the principal and the interest that accrues on it to the above-named institution (hereinafter called the school) over a period beginning 9 months (or sooner if I am a less than a half-time borrower) after the date I cease to be at least a half-time student at an Institution of higher education or a comparable school outside the United States approved by the United States Secretary of Education (hereinafter called the Secretary) and ending 10 years later, unless I request In writing that my repayment period begin sooner. I understand that the school wlIl report the amount of my Installment payments. along with the amount of this loan to a national credit bureau. Interest on this loan shall accrue from the beginning of the repayment period. My repayment period may be shorter than 10 years If I am required by my school to make minimum monthly payments. Upon my written request my repayment period may be extended during periods of deferment. hardship. or forbearance and I may make graduated installments in accordance with a schedule approved by the Secretary. I will make my installment payments In equal monthly. bimonthly or quarterly installments as determined by the school. The school may round my installment payment to the next highest multiple of $5. (I wll1 make a minimum monthly repayment of $40 (or $30 if I have outstanding Federal Perkins loans made before October 1. 1992 that included the 530 minimum payment option) in accordance with the Minimum Monthly Payment Section of the Terms and Conditions contained on the reverse side of this document,) LATE CHARGES - The school will impose late charges if I do not make a scheduled payment when due or if I fail to submit to the school on or before the due date of the payment, a properly documented written request that I qualify for any of the forbearance, deferment or cancellation benefits as described below. No late charges may exceed 20% of my monthly, bimonthly or quarterly payment. The school may add the late charges to principal the day after the scheduled repayment was due or Include It with the next scheduled repayment after I have received notice of the charge, and such notice is sent before the next Installment Is due. REQUESTS FOR DEFERMENT. CANCELLATION OR FORBEARANCE - To receive deferment. cancellation. or forbearance benefits. I must make a written request to the school and must submit to the school any documentation the school requires to prove my eligibility for these benefits, I am responsible for submitting the appropriate requests on time, and I may lose my benefits if I fail to me 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. cancellation. Dr forbearance; Dr if I fail to comply with the terms and conditions of this promissory note or written repayment agreement. the school may, at its option, declare my loan to be in default and may accelerate my loan (demand Immediate payment of the entire unpaid balance of the loan. including principal, Interest, late charges, and collection costs). The school, and the Secretary. if my loan is assigned to the Secretary for collection. shall disclose to Credit bureau organizations that I have defaulted and all other relevant loan Information. I will lose my right to defer payments and my right to forbearance If I default on my loan, I wUllose my right to receive cancellation benefits for service that is performed after the date the school accelerated the loan. I wUI 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. Dr driver's license number. ASSIGNMENT - This note may be assigned by the school only to the United States. The provisions of this note that relate to the school shall where appropriate relate to the assignee. PROMISE TO PAY: I promi.5e to pay the school, or a subsequent holder of the Promissory Note. the sum of amount(s) advanced to me under the terms of this Note. plus Interest and other fees which may become due as provided in thiS Note. I promise to pay all reasonable collection costs. Including attorney fees and other charges, necessary for the collection of any amount not paid when due. I will not sign this Note before reading it, including the provisions on the reverse side. This loan has been made to me without security or endorsement. My signature certifies I ha"" read. understand. and agree to the terms and conditions of this Promissory Note. THIS IS A LOAN(S} THAT MUST BE REPAID _~_:..... , h' -- ---- ~,~ ----::::-- ~~~- -",,'>' - ..-~ ~~,~~ /, , ~.~- ;' ~~ /c.. - -'j ..- .::.. - Y'f Borrower's Signature Date: EXHIBIT "A" Terms and Conditions (cant.) HARDSHIP REPAYMENT OPTIONS - Upon my written request, if I qualify as a low-income individual during the repayment period, the school may extend the repayment period for up to an additional ten (10) years and may adjust any repayment schedule to reflect my inaJme. 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 will continue to accrue. The school may permit me to pay less than the minimum monthly repayment rate for a period of not more than one year at a time if I experimc:e a period of prolonged illness or unemployment except such actioo may not extend the repayment period beyond 10 years. GRACE PERIODS - My initial grace period before beginning repayment is 9 months. If I am a Less-1ban- Half-Time Borrower wiIh outstanding Federal Perkins Loans, my repayment begins when the next 93ledu1ed installment of my outstanding loan is due. If I am a Less- Than- Half-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 10lIIl after I became a less than half-time student. My payments will resume after a post-deferment grace period of 6 months that follows deferments that apply to .FederaJ Perkins loam. PREPAYMENT - I may prepay all or any part of my unpaid loan balance, plus any accrued interest, at any time without penalty. Amounts I repay in the academic year in which the loan was made and before the initial grace period has ended will be used to reduce the amount of the loan and will not be considered a prepayment. If I repay amounts during the academic year in which the loan was made and the initial grace period ended. only those amounts in excess of the amount due for any repayment period shall be considered a prepayment. If, in an academic year other than the award year in which the loan was made, I repay more than the amount due for an install- ment, the excess will be used to repay principal unless I designate it as an advance payment of the next regular installment. MINIMUM MONTIiLY PAYMENT - I will make a minimum monthly repayment of $40 (or $30 if I have outstanding Federal Perkins loans made before October I, 1992 that included the $30 minimum payment option) if required by the school. If the total monthly repayment rate on this loan and any outstanding Federal Perkins loans I may have is less than the minimum monthly repayment rate established by the school, the school may still require a minimum monthly repayment rate. A minimum moothly repayment amount will combine my obligation on this and all my outstanding Federal Perkins loans, including those made at other schools. The portion of the minimum monthly payment that will be applied to this loan will be the difference between the minimum monthly payment and the total amounts owed at a monthly rate on my other Federal Perkins loans. If each school holding my outstanding Federal Perkins loans exercises the minimum monthly payment option, the minimum monthly repayment 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 collectively do not exceed three years, under the following conditions: If my monthly Title IV loan debt burden equals or exceeds 20% of my total monthly gross income; jf the Secretary authorizes a period of forbearance 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, including service in AmeriCorps. Interest acaues during any period of forbearance. DEFERMENTS - Upon making a properly documented written request to the school. I may defer making scheduled installment payments and will not be liable for any interest that might otherwise accrue 1) during any period that I am: enrolled and attending as a regular student in at least a half-time coune of swdy at an eligible school; enrolled and attending as a reguIar student a graduate fellowship program approved by the Secretary; engaged in graduate or post-graduate fellowship-supported study outside the US; enrolled and attending a rehabilitation training program for disabled individuals approved by the Secretary; engaged in public service that qualifies me to have part or all of my loan canceled; 2) for a period not to exceed three years during which I am seeking but unable to fmd full-time employment, 3) for a penod not to exceed three years during which I am expenencing 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 otheIWise accrue for a six-month penod immediately following the expiration of any deferment period described in this paragraph. CANCELLATIONS - Upon making a properly documented written fe9uest ~ to the school, I am entitled to have up to 100% of the original principal loan amount of this loan canceled if I perform qualifying service in the areas listed in paragraphs A. B, C, D and E below. Qualifying Service must be performed after I recei\re the loan. A. Teaching' a full-time teacher in a public or other nonprofit elementary or secondary school. that has been designated by the Secretary in accordance with the provisions of section 465(a)(2) of the Act as a school with a high concentration of students from loW-income families. An official Directory of designated low-income schools is published annually by the Secretary. . a full- time special education teacher in a public or nonprofit elementary or secondary school system. . a full-time teacher, in a public or other nonprofit elementary or secondary school system, who teaches mathematics, science, foreign languages, bilingual education. or any other field of expertise that is determined by the State Deparunent of Education to have a shortage of qualified teachers in that State. B, Early Intervention Services. a full-time qualified professional provider of early intervention services in a public or other nonprofit program under public supervision by a lead agency as authorized by section 672(2) of the Individuals with Disabilities Education Act. Early Intervention Services are provided to infants and toddlers with disabilities. C. Law Enforcement or Conectlons Officer' a full-time law enforcement officer for an eligible local, State, or Federal law enforcement agency; or . a full-time corrections officer for an eligible local, State, or Federal corrections agency. D. Nurse or Medical Technician. a full-time nune providing health care services; or' a full-time medical technician providing health care services. E. Child or Family Service Agetw:y . a full-time employee of an eligible public or private non-profit child or family service agency who is providing or supervising the provision of services to high-risk children who are from low- income communities and the families of such children. Cancellation Rates - For each completed year of service under paragraphs A, B, C, D and E a portion of this loan will be canceled at the following rates: . 15% of the original principal loan amount for each of the flJ'St and second yean: . 20% of the original principal loan amount for each of the third year and fourth years; and . 30% of the original principal loan amount for the fifth year. E Head Start Cancellation - Upon making a properly documented written request to the school, I am entitled to have up to 100% of the original principal loan amount canceled for qualifying service performed after I receive the loan as: . a full-time staff member in the educational component of a Head Start program which is operated for a period comparable to a full school year and which pays a sa1ary comparable to an employee of the local educa- tional agency. Cancellation Rate - For each completed year of service under the Head Start Cancellation provision, this loan will be canceled at the rate of 15% of the original principal loan amount. G. Military Cancellation - Upon making a properly documented written request to the school. I am entitled to have up to 50% of the principal amount of this loan canceled for qualifying service performed after I receive the loan as: . a member of the Armed Forces of the United States in an area of hostilities that qualifies for special pay under section 310 of Title 37 of the United States Code. Cancellation Rate - For each completed year of service under the Military Cancellation provision. this loan will be canceled at the rate of 12 1/2% of the original principal loan amount. H. Volunteer Service Cancellation - Upon making a properiy documented written request to the school. I am entitled to have up to 70% of the original principal loan amount of this loan canceled for qualifying service performed after I received the loan as: . a volunteer under the Peace Corps Act; . a volunteer under the Domestic Volunteer Service Act of 1973 (ACTION programs) . Cancellation Rate - For each completed year of service under the Volunteer Service Cancellation provision, a portion of this loan will be canceled at the following rates: . 15% of the onginal principal loan amount for each of the flJ'St 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 Disability 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. -09 00273-000-00-3151-09 Promissory Note-Federal Perkins Loan Program (Any bracketed clause or paragraph may be included at option of institution.). . I, Salvatore Frank DeLuca ,promisetopayto OlcklnSOn Col1eQe (hereinafter called the Institution), located at Car 1; s 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 Higber 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 A.ct 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 prate 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 F1VE PERCENf (5%) On the unpaid balance, except that no interest shall accrue during any deferment period described in Article VU. Ill. Repayment (1) I promise to repay the principal and the iDterest 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 1II(5), or} extended under paragraphs 1II(4), 1ll(7) (extensions), VU(l), or VIT(3) (deferments). (2) Upon my written request, the repayment period may start on a date earlier than the one indicated in paragraph 1ll(1). (3) (A) I promise to repay the principal and interest over the course of the repayment period in equal monthly, bimonthly, or quarterly installments, as determined by the Institution. I understand that, if my installment payment for all the loans made to me by the Institution is not a multiple of $5, the Institution may round that payment to the next highest dollar amount that is a multiple of $5. (B) Notwithstanding paragraph 1ll(3)(A), upon my written request, repayment may be made in graduated installments in accordance with a schedule approved by the Secretary. (4) Notwithstanding paragraph Ill(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(l), or the total monthly repayment rate of principal and interest 00 all my Federal Per1cins 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 1ll(5)(A) includes the amounts I owe on all my outstanding Federal Per1cins Loans, including those received from other institutions. The portion of the $40.00 monthly payment 6at 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 Per1cins Loans. (6) Tile .Institut:on may p.:rmit me to pzy !es:: t.'l~ the r:!ote of $40.00 per lllO!1th for a !,~riod of Dot more than one (1) year where necessary to avoid hards~ to me unless that action would extend the repayment period in paragraph Ill(l).) (T) The Institution may, upon my written request, reduce any scheduled repayments or extend the repayment period indicated in paragraph lll(l), if, in iL~ opinion, circumstances such 15 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 (I) The Institution may, at its option, declare my loan to be in default and may demand immediate payment of the entire unpaid balance of the loan, including principal, interest, late charges, and collection costs, if-- (A) I do not make a scheduled payment when due under the repayment schedule established by the Institution; and (B) 1 do not submit to the Institution, on or before the date on which payment is due, documentation that I qualify for a deferment, cancellation, or forbearance as described in Articles VI, VII, VITI, lX, X, Xl, XU, XIII, or XlV of this agreement. (2) I understand that the Institution may disclose to credit bureau organizations the amount of loans made to me, along with other relevant Page I of 4 Federal Perkins/July 1993 EXHIBIT "B" information. (J) 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 S~retary may disclose that r 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 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(1), I will lose my right to receive a cancellation of a portion of my loan for any service described in Articles VIII. IX, X, XI. XII, XIll, or XIV performed after the date the Institution accelerated the loan. (8) I understand that failure to pay this obligation under the terms agreed upon will prevent my obtaining additional student financial aid authoriud under Title IV of the Higher Education Act of 1965, as amended, until I bave made arrangements that are satisfactory to the Institution or the Secretary regarding the repayment of the loan. Yl. Forbearance (I) I understand that, upon miling 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 9f my gross income; or (B) The Institution determines that I qualify for other reasons. vn. Deferment (1) I understand that, upon miling a properly documented written request to the Institution, I may defer maJcing 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 p.art of a graduate fellowship program approved by the Secretary; (iii) Engaged in graduate or post-graduate fellowship-supported study (such as a Fulbright grant) outside the United States; or (iv) Enrolled and in attendance in a course of study that is part of a rehabilitation training program for disabled individuals approved by the Secretary. (B) For any period that I am engaged in service described in Articles VIII, IX, X, XI, XII, xm, or XIV of this agreement. (C) For a period not to exceed three (3) years during whicb- (i) I am seeking and unable to find full-time employment; or (ii) For any reason that my Institution determines has caused or will cause me to have an economic hardship. (2) I understand that I am not eligible for a deferment under paragraph (VII)(I)(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 VlI(l). VIII. Teachine Cancellation (I) I understand that, upon maJcing 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 cll!lceled 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 elemenwy 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 consulution 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 a.tUlually by the Secretary; (B) As a full-time sp~ial 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 ()th~r nonprofit program under p'lblic ~pllrvision by !he 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 expenise that is determined by the Slate Department of Education to bave 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. lX. Head Start Cancellation (I) I understand that, upon making a properly documented written request to the Institution, I am entitled to have up to 100 percent of the amount of this loan plus the interest thereon canceled if I perform qualifying service after the period for which I received the loan as a full-time staff member in a Head Start program if- (A) That Head Start program is operated for a period that is comparable to a full school year in the locality; and Page 2 of 4 Federal Perkins/July 1993 (13) 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 IS percent of the total principal amount of the loan plus interest on the unpaid balance accruing during that year for each complete school YeM or eCflivalent 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 thereOll 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 undersectioll310 of Title 37 of the United States Code. (2) This loan wiIl 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 YeM 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 malcing 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 COrt's Act; oc (B) As a volunteer under the Domestic Volunteer S~rvice 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 serv~ completed; and (B) 20 pefl:ent 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. Xll. !.,aw Enforcement or Corrections Officer Cancellation (1) I understand that, upon making a properly documented written request to the lnstitutioc., I am entitled to have up to 100 percent of the amount of this loan plus the interest thereon canceled if I perform qualifying service after the period for which I received the loan- (A) As a full-time law enforcement officer for service to an eligible local, State, or Federal law enforcement agency; or (B) As a full-time corrections officer for service to an eligible local, State, or Federal corrections agency. (2) A portion of this loan will be canceled for each completed year of law enforcement or corrections service at the following rates: (A) 15 percent of the total principal amount of the loaIl plus interest on the unpaid balance accruing during that YeM 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. XllI. Nurse or Medical Technician Cancellation 0) 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 wbich I received the loan as a full-time nurse or medical technician providing health care services. (2) A portion of this loan will be canceled for each completed year of service at the following rates: (A) 15 percent of the total principal amount of the loan plus interest on the unpaid balance accruing during that year for each of the first and second complete years of that service; (B) 20 percent of the total principal amount of the loan plus interest on the unpaid balance accruing during tha: 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 hte:est on the unpaid balance accruing during that year for the fifth complete year of that service. , ' XIV. Child or Family Service Al!:ency Cancellation (1) I understand that, UPOQ 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 se<:ond 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 (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. Chanl!.e in Name, Address, Telephone Number. or Social Security Number I am responsible for informing the lnstitution of any change or changes in name, address, telephone number. or Social Security number. Page) of 4 Federal PerlcillSlJuly 1993 XVll. Late Char1:.e (1) The InstiCUtion will impose a-late charge if- (A) I do not malce a scheduled payment when it is due; and (B) I do not submit to the In.\;ticution, on or before the date on which payment ill due, documentation that I qualify for a deferment, cancellation, or forbearance as described in Artic1ea VI. vn, VIII, IX, X, Xl. XlI, XIII, or XIV of this agreement. (2) No charge may exceed 20 percent of my monthly, bimonthly, or quarterly payment. (J)(A) The Insticution 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 Insticution elects to add the late charge to the outstanding principal of the loan, it must so inform me before the due date of the next installment. XVIII. Assi2nment (I) This note may be assigned by the Institution only to- (A) The United States; (B) Another insticution upon my transfer to that insticution if that insticution is participating in this program; or (e) Another insticution 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 insticutions. (If no prior loans have been recei ved, state " None. ") FEDERAL PERKINS LOANS AT OTHER INSTITUfIONS Amount Date lnsticution I 2 3 4 XX. Schedule of Advances The following amounts were advanced to me under this loan agreement on the dates indicated: Amount D:lCe ~Q,atur~ of Borrower I $7'50.00 9-1-95 ~~:71-~ ~ $7'50.00 1-23-96 ~~ J??o/-L:-r~ 4 NonCE TO BORROWER: DO NOT SIGN THIS NOTE BEFORE YOU READ IT. I UNDERSTAND AND AGREE TO ALL OF THE FOREGOING TERMS AND CONDmONS. (This note is sig~ se~strumeot.) ,(' --; ~ ~ ~~~ .~'v~ Signature ~. c::: ./ r ("C_al) J Date O<-i-oh<i! I' J<j' . 19K Permaneot Address (Street or Box Number, City, Stale, and Zip Code) EFForf /'~ 1;>550 /q',)'-GZ-ZZ29 .R~ I 'BOok S6wQ. Social Security Number (borrower must provide) The borrower and Insticution shall eXecute this oole without security and without endorsement. The Insticution 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 PerlcinslJuly 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, infonnation 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 avennents, I may be subject to criminal penalties. Dickinson College ~ Thomas Meyer Bursar of Dickinson College Dated: F:\F1LES\DA T AFILE\DickinsonCollege7619\Collections\Current\286-coml.wpd .~R N ." :;J ~ ............ :j -J ~ ~ --J ~ . \ ~ @ () r--:l = 0 c.: = 'T1 ::~:.. ..r- l"l-' - :-I cs .:r.::n < mF~ 'L ", -.::;n .s:- :DI' ~~: C. ~~ ,l:~;:C; -0 f") :D ~~! 3.: zO \...-." c...) Om ::5 :~ .r.:.- ~T) -... \D -< FIFlLESIDA T AFlLEIDickiTlsonColkge7619\Collection.sICum:J1l\286.pral Created: 1/18/05 3:22PM Revised: 1/18/05 3:27PM 7619C286 David R. Galloway, Esquire MARTS ON DEARDORFF WILLIAMS & OTTO Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plain1iff DICKINSON COLLEGE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 04-5930 CIVIL ACTION-LAW SALVATORE F. DELUCA, III, Defendant. JURY TRIAL OF TWELVE DEMANDED PRAECIPE Please reinstate the attached Complaint agains1 Salvatore F. Deluca, in the above-captioned action and return same to the undersigned for service. By, DaVId R. Gallo ay, s 1. D. Number 87326 Ten East High Street Carlisle, P A ] 7013 (717) 243-3341 Date: January 18, 2005 Attorneys for Plaintiff (', ~Tl ~- ,.. ~- _J - SHERIFF'S RETURN - OUT OF COUNTY 't --4 CASE NO: 2004-05930 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DICKINSON COLLEGE VS DELUCA SALVAORE FIll 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: DELUCA SALVATORE FIll but was unable to locate Him in his bailiwick. He therefore deputized the sheriff of MONROE County, Pennsylvania, to serve the within COMPLAINT & NOTICE On January 3rd , 2005 , this office was In receipt of the attached return from MONROE Sheriff's Costs: Docketing Out of County Surcharge Dep Monroe County 18.00 9.00 10.00 33.86 .00 70.86 01/03/2005 MDW&O So answer~~_ ~___.----- ~4-=L:::;;;dL~--'" ..~,--' R. Thomas Kline Sheriff of Cumberland County Sworn and this .ll ----- t/Ob subscribed to before me daYOf::3oJ " ~j .....- I'D The Court of Common Pleas of Cumberland County, Pennsylvania Dickinson College VS. Salvatore F. Deluca III .t(~_ fi;__t '__. No. '"~1 i. 1'2 ~' ~. '"t 04-5930 civil November 30, 2004 : _ _ ;' ,:;::" ",_.,,; ;;,,':-~' \/ 01\ , I,SHERiFF10~ t15MBERLAND COUNTY, P A, do Now, hereby deputize the Sheriff of Monroe County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. ~~"'.. # '" "~;~~",?;(' .r ';;'7~~";"f!'r:~"^ rf.."'(':;':.r~~ Sheriff of Cum berland County, P A Affidavit of Service Now,-J)Q C ~ ,d \ :5"'+ Y0 , 20 0"1 , at' r 0' clock -p- M. served the within upon at by handing to copy of the original a and made known to \. ~O--,~ L ~ ~("-\..,...L.Q.. ~ ~/h,,-~~G L~~+ So answers, N~ To~~ the contents thereof. C3n ~/O~ County, PA 3:S'~, ~) en of EUGENE F. BLANEY, COSTS SERVICE $20.73 MILEAGE $13. 13 AFFIDA VrT $ Sworn and subscribed before me this 27Tw.ayof DECEMBER ,20 04 - - DARlENE M. LEE, Notary Public ~~ Boro, ~roe County Expiss July 7, 2007 REFUND $116.14 $33.86 $ FIFlLESIDA T AFILE\DickinsonCoUege7619\CollectionsICurrentU861286,pral Created: 1118/05 3:22PM Revised 9/20105 L32PM 7619C.286 Christopher E. Rice, Esquire MARTS ON DEARDORFF WILLIAMS & OTTO Ten East High Street Carlisle, P A 17013 (717) 243-3341 Attorneys for Plaintiff DICKINSON COLLEGE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 04-5930 CIVIL ACTION-LAW SALVATOREF. DELUCA, rn, Defendant JURY TRIAL OF TWELVE DEMANDED PRAECIPE Please reinstate the Complaint against Salvatore F. Deluca, III, 135 Pocono Court, Bartonsville, P A 18321, in the above-captioned action and forward same to the Cumberland County Sheriff for service. MARTS ON DEARDORFF WILLIAMS & OTTO By {!L ~_i2~ 5' 1'Z- Christopher E. Rice, Esquire 1. D. Number 90916 Ten East High Street Carlisle, P A 17013 (717) 243-3341 Date: September 20, 2005 Attorneys for Plaintiff , , c. z =< I'-> = = <.n u:> rrI -0 N ~ ~ m:D r -om ::"6 ':::> ::;,1.2 C:j:U _.~o 6rn ~ -< :I~ "3: 'B N SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2004-05930 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DICKINSON COLLEGE VS DELUCA SALVAORE FIll 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: DELUCA SALVATORE FIll but was unable to locate Him ln his bailiwick. He therefore deputized the sheriff of MONROE County, Pennsylvania, to serve the within COMPLAINT & NOTICE On October 12th , 2005 , this office was in receipt of the attached return from MONROE Sheriff's Costs: Docketing Out of County Surcharge Dep Monroe County Postage 18.00 9.00 10.00 23.23 .74 60.97 10/12/2005 MDW&O ~") ~~/c .- /. .' . k'C~ R.. Thomas KHn~ Sheriff of Cumberland County Sworn and subscribed to before this ,lc( day of (2~UA.. ~Ol!~ ~ r'" Pr t ry me G65599 REC 9/21/05 EXP 10/21/05 ADV $150.00 TOTAL COST $23.23 PD PLFF REFClND$126.77 .. .. EILEEN, CLERK In The Court of Common Pleas of Cumllerland County, Pennsylvania ::::: ~~:::ca III il:~j c :c~ ~ ~f?t ".., ,...... No. 04-5930 civil '-. . .,.-/ o LJ ~c -',:) ,. , , Now, September 22, 2005 , I, SHERIFF OF CUMBERLAND COUNTY, P A, do hereby deputize the Sheriff of Monroe County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. ~I"./ y~ .r ~~~4~~ Sheriff of Cumberland County, PA Affidavit of Service SEPTEMBER 30 ,20.QL,at 2:40 o'clock P M. served the Now, within COMPLAINT upon SALVATORE F. DELUCA, III Monroe County Sheriff's Office, Room 122, Courthouse Annex, 7th o.a1f",.(lnrrH> Sts, J C::rrolldshllTg Borough, StI'{H,ldsQurg, PA by handing to HIM a copy of the original and made known to HIM the contents thereof. So answers, v~~ fti f t! DEPUTY Sheriff of DARLENE M. A.. < .' )., . ez<7e , t /,S- MONROE County, PA LEE, DEPUTY SHERIFF ~ /~ COSTS SERVICE 1v1ILEAGE AFFIDA VIT $ Sworn and subscribed before me this 30THday of SEPTEMBER, 20 ~ LOIS A. LYON, NO Y PUBLIC STROUDSBURG BORG, MONROE COUNlY MY COMMISSION EXPIRES JULY 26, 2006 $ . F \flLESIDA T AFJ LE\DickinsonCoIJege76 ] 9\Collections\Current\286\286 praJ Created 10/261059411AM Revised: 1/25106437PM Chris10pher E. Rice, Esquire MARTSON DEARDORFF WILLIAMS & OTTO Ten East High Slreet Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff DICKINSON COLLEGE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 04-5930 CIVIL ACTION-LAW SALVATORE F. DELUCA, III, Defendant JURY TRIAL OF TWELVE DEMANDED PRAECIPE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please mark the judgment in the above-captioned case satisfied and issue a certificate reflecting. the same. MARTS ON DEARDORFF WILLIAMS & OTTO By CK -4L- 5' 12.-. Christopher E. Rice, Esquire 10 East High Street Carlisle, PA 17013 (717) 243-3341 Date: January 25, 2006 Attorneys for Plaintiff '. CERTIFICATE OF SERVICE I, Tricia D. Eckenroad, an authorized agent for Martson Deardorff Williams & Otto, hereby certifY 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. Salvatore DeLuca 137 Pocono Circle Bartonsville, PA 18321 MARTSON DEARDORFF WILLIAMS & OTTO ricia D. Eckenroad Ten East High Street Carlisle, P A 17013 (717) 243-3341 Da1ed: January 25,2006 o ~~ vr,~ n:r' -';)'"-- .:;~,~ ;-.' ':~2 ~~::. ;i:. s.; ~ ~~ r--> = c.~ C~ o -0 -I :J:-n rnp -om ~n? ";0 -,-'.'-""f", !--"l (:;:(~ ',,-rn ~~ J:ry ::<. <- > Z N -.J ):1"" ::l'; '-" N Ul