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HomeMy WebLinkAbout04-6063 F \FILESIDA T AFILEIDickinsonCollege7619\Collections\Current\288-coml wpd Created: 4/28/03 1 :5403 PM Revised: 1212104 1'4:09 PM 7619c.288 DICKINSON COLLEGE, Plaintiff v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04- /;Ol3 CIVIL ACTION-LAW TRACY L. GRIFFITH, 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 THA T MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCE FEE OR NO FEE: Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 F WILLIAMS & OTTO Dated: December 2, 2004 By David R. Galloway, Esquir~ 1. D. Number 87326 I 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 TRACY L. GRIFFITH, 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 Tracy L. Griffith is an adult individual with a last known address of 511 Highland Court, Carlisle, P A 17013-3924. . 3. On or about September 20, 1996, Defendant entered into a Promissory Note - Federal Perkins Loan Program (Note #1) with Plaintiff for the financing of$2,000.00 plus interest and costs by Defendant on her own behalf, for educational services and benefits at Plaintiff's institution. A copy of Note #1 is attached hereto as Exhibit "A." 4. On or about August 28, 1995, Defendant entered into an additional Promissory Note- Federal Perkins Loan Program (Note #2) with Plaintiff for the financing of $2,000.00 plus interest and costs by Defendant on her 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 $4,000.00. 8. Note #1 and Note #2 grant Plaintiff reasonable collection and attorney's fees which Plaintiff has calculated to be $600.00. 9. As of August 27,2004, the principal and interest due and payable by Defendant to Plaintiff was $5,233.43, plus interest accruing thereafter at $.55 per day. 10. As of August 27,2004, the outstanding balance of$5,233.43 represents the total and actual overdue value of the financing provided to Defendant under Note #1 and Note #2 for which Defendant has yet to pay. 11. Plaintiff has 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 $5,233.43, plus interest accruing at $.55 per day from August 27, 2004, collection and attorneys' fees in the amount of $600.00 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 Plaintiff to 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 27, 2004, the total amount by which Defendant has become enriched is $5,233.43, plus interest in the amount of$.55 per day from August 27, 2004. WHEREFORE, Plaintiff demands judgment against Defendant in the amount of $5,233.43, plus interest in the amount of$.55 per day from August 27,2004, collection and attorneys' fees in the amount of $600.00 and costs of suit. MARTS ON DEARDORFF WILLIAMS & OTTO By \~ David R. Galloway LD. Number 87326 Ten East High Street Carlisle, PA 17013-3093 (717) 243-3341 Attorneys for Plaintiff Date: December 2, 2004 FEDERAL PERKINS LOAN PROMISSORY NOTE , 1 , '-' ~ Griffith, Tracy L. . . I I 1 /-tJC,V11 ([f,1().... -r::;. v II C (1t' 11 slc 14' LT, 2. Social Security Number . , ") f"~ /7 I (/'ICt(/. <:;:,,<--LJ./' - 'J'-1 - Lt-' U / T 3. Date of Birth CJ 3/7-(1 4. /\Tea CodefTelephone Number It1- 3 L! 3,- g]q~ 1. Name (last. first, middle initial) and Permanent Address (street, city. state, zip code) {"(1 11- {)J 3 5. Driver's License Number (Ust state abbreviation first) Pit- ~-I5Y-oO" 6. School Name & Address (street. city, state. zip code) 7. Borrower Status 8. Interest Rate Dicki.nsco College P.O. Box 1773 Carlisle, PA 17013-2896 lDHaIf-timeor~ o Lesslhanhal-time 5% 9. Loan Amount: 10. Loan Period $2,000.00 1996-97 TERMS AND CONDITIONS: IAny brackeled c1a.- or parngraph may be in:luded at option of institution.) APPLICABLE LAW. The terms of this note and any disbu~ements made under this note shall be interpreted In accordance with Pan E of Title IV of the Higher Education Act of 1965. as amended (hereinafter called the 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 rep~yment period begin sooner, I understand that the school will report the amount of my installment payments. along with the amount of this loan to a national credit bureau. Interest on this loan shall accrue from the beginning of the repayment period. My n!payment 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 Secn!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. II will make a minimum monthly repayment of $40 (or $30 if I have outstanding Federal Perkins loans made befon! October 1. 1992 that Included the $30 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 faU 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 notic,e 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 fail to submit to the schoo.l. on or before the due date of a scheduled payment. documentation that 1 qualify for a deferment. cancellation. or forbearance: or if 1 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. lnterest. 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 organi%ations 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 seTVlce that is performed after the date the school accelerated the loan. I will be Ineligible for any further federal student financial assistance authori2ed under the Act until 1 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 driver's license number. ASSIGNMENT - This note may be assigned by the school only to the United States. The provisions of this note that relate to the school shall where appropriate relate to the assignee. PROMISE TO PAY: I promise to pay the school. or a subsequent holder of the Promissory Note. the sum of amount(s) advanced to me under the terms of this Note, plus interest and other fees which may become due as provided in this Note. I promise to pay all reasonable collection costs. including attorney fees and other charges. necessary for the collection of any amount not paid when due, I will not sign this Note before reading it. Including the provisions on the reverse side. This loan has been made to me without security or endorsement. My signature certifies I have read. understand, and agree to the tenns and conditions of this Promissory Note. THIS IS A LOAN(S) THAT MUST BE REPAID , i ~-- I I '/ 1'''/'1/ "-~ Ii. 11."./'. \ Borrower's Signature ~ I i ,-r--... J', 'y ( I I __ ____ . i , I IjL.i, '~/\/~ y;: ' r-, 'J r~ v J - Q'-c.,~'-'- / It" Date: Exhibit "A" Terms and Conditions (cant.) HARDSHIP REPAYMENT OPTIONS - Upon my written request, if I qualify as a low-income individual dwing the repa~t peliod. the school may extend the repayment period for up to an additional ten (10) years and may adjmt any repayment schedule to reflect my in:ome_ Upon my written request. the school may extend the repayment peliod 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 pennit me to pay less than the minimum monlWy repayment rate for a peliod of not more than one year at a time if I experience a period of prolonged illness or unemployment except such action may not extend the repayment period beyond 10 years, GRACE PERIODS - My initial grace period before beginning repayment is 9 months. If I am a Less- Than- HaIf- Time Borrower with outstanding Federal Perkins Loans. my repayment begins when the next scheduled installment of my outstanding loan is due. If I am a Less- Than- Halr- 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 lean after I became a less than half-time student. My payments will resume after a post-defennent grace period of 6 months that follows deferments that apply to Federal 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 durtng 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 MONTHLY PAYMENT - I will make a minimum monthly repayment of $40 (or $30 if I have outstanding Federal Perkins loans made before October 1. 1992 that included the $30 minimwn payment option) if required by the school. If the total monthly repayment rate on this loan and any outstanding Federal Perkins loans I may have Is less than the minimum monthly repayment rate established by the school, the school may still require a minimum monthly repayment rate. A minimum monthly repayment amount will combine my obligation on this and all my outstanding Federal Perkins loans. Including those made at other schools. The portion of the minimum monthly payment that will be applied to this loan will be the difference between the minimum monthly payment and the total amounts owed at a monthly rate on my other Federal Perkins loans. If each school holding my outstanding Federal Perkins loans exercises the minimum monthly payment option. the minimum monthly repayment will be divided among the schools in proportion to the amount of principal advanced by each school. FORBEARANCE - Upon making a properly documented written request to the school. I am entitled to forbearance of principal and interest or principal only. renewable at intervals up to 12 months for periods that collectively do not exceed three years, under the following conditions: If my monthly Title N loan debt bwUen equals or exceeds 20% of my total monthly gross income: if 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 accrues during any period of forbearance. DEFERMENTS - Upon making a properly documented written request to the school. I may defer making scheduled installment payments and will not be liable for any interest that might otherwise accrue 1) during any period that I am: enrolled and attending as a regular student in at least a half-time coW'Se of study 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 selVice that qualifies me to have part or all of my loan canceled; 2) for a period not to exceed three years dwing which I am seeking but unable to fUld 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 an) Interest that might otherwise accrue for a six-month period immediately following the expiration of any deferment period described in this paragraph CANCELLATIONS - Upon making a properly documented written request to the school. I am entitled to have up to 100% of the original principal loan amount of this loan canceled if I perform qualifying selVice in the areas listed in paragraphs A, B, C. D and E below, Qualifying SelVice must be performed' after I receive the loan. A. Teaching. a full-time teacher in a public or other nonprofit elementary or secondary school. that has been designated by the Secretary in accordance with the provisions of section 465(3)(2) of the Act as a school with a high concentration of students from low-income families, An official Directory of designated low-income schools is published annually by the Secretary. . a full- time special education teacher in a public or nonprofit elementary or secondary school system. . a full-time teacher. in a public or other nonprofit elementary or secondary school system. who teaches mathematics. science, foreign languages. bilingual education. or any other field of expertise that is determined by the State Department of Education to have a shortage of qualified teachers in that State. R. Early Intervention Services. a full-time qualified professional provider of early intervention selVices 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 dlsabiJIties. C. Law Enfon:ement or Corrections Officer. a full-time law enforcement officer for an eligible local. State. or Federal Jaw enforcement agency; or . a full-time corrections officer for an eligible local. State. or Federal corrections agency, D. Nurse or Medical Teclmidan . a full-time nW'Se providing health care services: or . a full-time medical technician providing health care services. E. Child or Family SelVice Agency . a full-time employee of an eligible public or private non-profit child or family service agency who is providing or supeIVising 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 selVice under paragraphs A. B. C. 0 and E a portion of this loan will be canceled at the following rates: . 15% of the original principal loan amount for each of the first and second years; . 20% of the original principal loan amount for each of the 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 docwnented written request to the school, I am entitled to have up to 100% of the original principal loan amount canceled for qualifying selVice perfonned 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. CancellatJon 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 12 112% of the original principal loan amount. H. Volunteer Service Cancellation. Upon making a properly documented written request to the school. I am entitled to have up to 70% of the original principal loan amount of this loan canceled for qualifying service performed after I received the loan as: . a volunteer under the Peace CO'1's Act: . a volunteer under the Domestic Volunteer Service Act of 1973 (ACTION programs) . Cancellation Rate - For each completed year of selVice under the Volunteer Service Cancellation provision. a portion of this loan will be canceled at the following rates: . 15% of the original principal loan amount for each of the fll"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, I. 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, 00273-000-00-31)4-09 -09 Promissory Note-Federal Perkins Loan Program [Any bracketed clause or paragraph may be included at option of institution.) I, 'l'r.<u"y T.y"" Griff~th ,promisetopayto Dickinson ColleQe (hereinafter called the Institution), located at Car 11 s 1 e. PA 17013-2896 , the sum of the amounts that are advanced to me and endorsed in the Schedule of Adyances set forth below. I promise to pay all reasonable coUection 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.~ (1) Applicable Law. All sums advanced under this note are drawn from a fund created under Part E of Title rv 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 ACL 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 lnstitution. (2) Procedures for Receivin2 Deferment. Cancellation. or Forbearance. I understand that, to receive a deferment, canceUation, or forbearance. I must request the deferment, cancellation, or forbearance in writing from the Institution and must submit to the Institution lUIy 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 XlV, I am responsible for submitting the appropriate requests on time. I further understand that I may lose my deferment, canceUation, and forbearance benefits if I fail to file my request On time. U. Interest Interest shall accrue from the beginning of the repayment period and shall be at the ANNUAL PERCENTAGE RATE OF FCVE PERCENT (5%) on the unpaid balance. except that no interest shall accrue during any deferment period described in Article VII. ID. 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 ID(S), or] extended under paragraphs ID(4), Ill(7) (extensions), VU(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 ID(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 S5, the Institution may round that payment to the next highest dollar amount that is a multiple of S5. (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 ID(1), 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 ID(l}, or the total monthly repayment rate of principal and interest on all my Federal Perl::ins 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). (S)(B) If I have received Federal Perl::ins 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(S)(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 tiiffcrcnce 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 hardsl4.R to me unless that action would extend the repayment period in paragraph m(1).) (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 itprolonged illness or unemployment prevent me from making the scheduled repayments. However, interest shall continue to accrue. IV. Prepayment (I) I may, at my option and without penalty, prepay all or any part of the principal, plus any accrued interest thereon. at any time. (2) Amounts I repay in the academic year in which the loan was made and the initial grace period has Dot 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 nex.t regular installment, V.~ (1) The I.ostitution may, at i15 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 Institulion, on or before the dale on which payment is due. documentation that I qualify for a deferment, cancellation. or forbearance as described in Articles VI. VII. VIII. rx, x. Xl, XII, XIll. or XlV of this agreement, (2) I understand thallhe Institution may disclose to credit bureau organizations the amount of loans made to me. along with other relevant Page 1 of 4 Federal PerkioslJuly 1993 Exhibit "B" information. (J) 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 organiz.ations. (4) Further. I understand that, if I default 00 my loan and the loan is assigned to the Secretary for collection. the Secretary may disclose that I bave defaulted. along with other relevant informatioD. to credit bureau organiz.ations. (5) I understand that, if I default 00 my loan, I will lose my right to forbearance. (6) I understand that, if I default on my loan. I will lose my right to defer repayments. . (7) I understand that. if the InstitutiOD accelerates the loan under paragraph V(l). I will lose my right to receive a cancellation of a ponion o{ my loan (or any service described in Articles vrn. IX. X, XI. XII, XllI. 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 stllilent financial aid authorized under Title rv of the Higher Education Act of 1965, as amended. until I bave made arrangements that are satisfactory to the Institutioll or the Secreury regarding the repayment of the loan. VI. Forbearance (1) 1 und~rstand that, upon making a properly documented written request to the Institution. I am entitled to be granted forbearance of principal and interest or principal oaly, 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. VII. Deferment < I) I understand that, upon making a properly documented written request to the Institution, { 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 p.an 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 pan of a rehabilitation training program for disabled individuals approved by the Sec retary. (B) For any period that I am engaged in service described in Articles VIlI. IX. X, XI. XII. XIIl. or XlV of this agreement. (C) Foe a period not to exceed three 0) years during wbicb- (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 bave 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 scbeduled 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(I). VllI. 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 loap plus the interest thereon canceled if I perform qJiIifying 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 Depanment of Education) in accordance with the provisions of section 46S(aX2) of the Act as a school with a high concentration of students from low-iocome 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 othu 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 Depanment 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) 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 academic years of that teaching 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 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 (or 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 [nstitution, 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 scbool year in the locality; and Page 2 of 4 Federal Perkins/July 1993 (B) My salary is not more than the salary of a comparable employee of the local educational agency. (2) This loan will be canceled at the rate of 15 percent of the total principal amount of the loan plus inlen:st on the unpaid balance accruing during that year for each complete school yeu 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 lD.stitution. 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 undersection 310 of Title 37 of the United Slates 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 1 received the loan. XI. Volunteer Service Cancellation (1) I understand that. upon making a properly documented written rC1:luest to the Institution, I am entitled to have up to 70 percent of the amount of this loan plus the interest thereon canceled if I perform qualifying service after the period for which I received the loan- (A) As a volunteer under the Peace Corps Act; or (B) As a volunteer under the Domestic Volunteer Service Act of 1973 (ACTION programs). (2) This loan will be canceled at the following rates: (A) 15 percent of the total principal amount of the loan plus interest on the unpaid balance accruing during that year for each of the first and secood twelve (12) month periods of volunteer service completed; and (B) 20 percent of the total prillcipal 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. xn. Law Enforcement or Corrections Officer Cancellation (1) I understand that, upon making a properly documented written request to the Institution, I am entitled to have up to 100 percent of the amount of this loan plus the interest thereon canceled if I perform qualifying service after the period for which I received the loan- (A) As a full-time law enforcement officer for service to an eligible local, State, or Federal law enforcement agency; or (B) As a full-time corrections officer for service to an eligible local, State, or Federal corrections agency. (2) A portion of this loan will be canceled for each completed year of law enforcement or corrections service at the following rates: (A) 15 percent of the total principal amount of the loan plus interest on the unpaid balance accruing during that year for each of the first and second complete years of that service; (B) 20 percent of the total principal amoUnt of the loan plus interest on the unpaid balance accruing during that year for each of the third and fourth complete years of that service; and (C) 30 percent of the total priDCipal amount of the loan plus interest On the unpaid balance accruing during that year for the fifth complete year of that service. XIll. Nurse or Medical Technician Cancellation (1) I understand that, upon making a properly documented written request to the Institution. I am entitled to bave up to 100 percent of the amount of this loan plus the interest thereon canceled if I perform qualifying service after the period for which I received the loan as a full-time nurse or medical technician providing health care services. (2) A portion of this loan will be canceled for each completed year of service at the following rates: <A) 15 percent of the total principal amount of the loan plus interest on the unpaid balance accruing during that year for each of the first and second complete years of that service; (B) 20 percent of the total prillcipal 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 A,~ency Cance,llation (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 wbich 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 !irst 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 yeus 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 [ receive this loan, the Institution will cancel the total amount of this loan. XVI. Chan~e in Name, Address, Telephone Number, or Social Security Number 1 am responsible for informing the Institution of any change or changes in name, address, telephone Dumber. or Social Security number. Page) of 4 Federal Perkios/July 199) xvn, LAte Chance (1) The Institution will impos<: a late charge if- (A) I do not make a scheduled paymeot when it is due; and (D) I do not rubmit to the l=titutioo. 00 or before the date 00 which payment i. due. documentation that I qualify for a defermeot, cancellation, or forbearance as described io Articles VI. VIT, VIII, IX. X, XI. XII. xm, or XIV of this agreemeot. (2) No charge may exceed 20 perceot of my monthly. bimoothly. or quarterly payment. ())(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 repay~nt after I have received notice of the late charge. (B) If the Institution elects to add the late cbarge to the outstanding principal of the loan. it must so inform me before the due date of the oext iosta11ment. xvm. Assifnment (1) This note may be assigned by the Institutioa only to- (A) The United States; (B) Another institution upon my transfer to thal 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 snail, 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 ia; 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 bave obtained at other institutions. (If no prior loans bave beeD received, state .None..) FEDERAL PERKINS LOANS AT OT~R INSTITUTIONS Amount Date Institution I 2 J 4 XX. Schedule of Advances The following amounts were ,advanced to me UDder this loan agreement on the dates indicated: Amount Date Signature of Borrower '"- \)/Ill c:-z -;:J:. , . ~~{y; 7 '--- -x,~~"U! =t ltJ-c..cC'! Y ~ 1 2 3 4 $1,000.00 $1.000.00 9-1-95 1-23-96 t'o NOTICE TO BORROWER: DO NOT SIGN THIS NOTE BEFORE YOU READ IT. I UNDERSTAND AND AGREE TO ALL OF THE FOREGOING TERMS AND CONDmONS. (This note is signectas a sealed i~trument~) "- (. t ~'/ t.'~ ''?- 1 S. 'I/,I;/:'( /, /1 \,y/ rJxL.~ )lD'/ \.... .gnature ~ ,(,( (.,.;. ,,>'\... '; ~ ~\'/U' a'~'1 /" ( ..... 2;~ r/'( Date iM..?jl.'_~-..' "'J, 19--':;:;;' J Permanent Address (Street or Box Number, City, State, and z.ip Code) . ' ~ ~/I Mill: Ia IIci (1,+. ()-;u-f l..;.j ~ ~;+ /101-; - -../ - _JiJ~1.-Y! .. (l09(! reseal)) Social Security Number (borrower'must provide) The borrower and Institution shall execute this note without security and without endorsement. The Institution shall provide a copy of this note to you and you should retain the copy for your records. (Authority: 20 U.S.C.l087dd) Page 4 of 4 Federal PerkinslI uly 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 of this Complaint is that of counsel and not my own. I have read the document and to the extent that this Complaint is based upon information which I have given to my counsel, it is true and correct and to the best of my knowledge, information and belief. To the extent that the content of this Complaint is that of counsel, I have relied upon counsel in making this Verification. This statement and Verification are made subject to the penalties of 18 Pa. C.S. 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 5Z- Thomas Meyer Bursar of Dickinson College Dated: I~J'AIOY F IFILES\DA T AFILEIDickinsonCollege7619\Collections\Current\288-coml wpd ~ ~ 3 ~ n '" l~~ 0 <.:-..:.:). ~ .~::- .'1 0 *- ('7 5! -r] r", 7 . E: C) f <1;:.::.. =#= c; I ~'rJ i"n ~ ~ ".) :.)0 -P CJ J'J r!;7\:~1 e Ut 0 SO -," 0 (,,) (~:;; ;:1"1 '-.J ~ --I 'C't 'o- r ,) -i:~ '. LiJ ;C! tJ\ -, , '() F\Fll,..ES\DATAFlLE\DickinsonCollege7619\CoUectionsICurrent\Z88.order ~ ."alcd: 2/3/05 ll:28AM Re;"scd: 2/3/05 2.43PM 7619C-288 'Y FEB 0 7 2005rr David R. Galloway, Esquire MARTS ON DEARDORFF WILLIAMS & OTTO Ten East High Street Carlisle, P A 17013 (717) 243-3341 Attorneys for Plaintiff DICKINSON COLLEGE, Plaintiff v, TRACY L. GRIFFITH, Defendant. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-6063 CIVIL ACTION-LAW JURY TRIAL OF TWELVE DEMANDED ORDER OF COURT AND NOW, this ~ay of -ft" b ,2005, upon consideration of the attached Stipulation, judgment is hereby entered in favor of Plaintiff, Dickinson College, against Defendant, Tracy L. Griffith, in the amount of$5,905.48 plus costs of suit and interest accruing at $0.55 per day from date of Judgment. Prothonotary is directed to enter and indt:x this judgment accordingly, for Plaintiff: ~d R Galloway, Esquire I.D. 87326 Ten East High Street Carlisle, PA 17013 for~dant: BY THE COURT, , J. / ~.~~ Onr'1G\J -\\<=\ '9d 00'611 -9\=' ,\J , ._.~ . ,-, . . ~~~, ,-:.. ,t}"- L~:.:1 - SHERIFF'S RETURN - NOT FOUND . CASE NO: 2004-06063 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND DICKINSON COLLEGE VS GRIFFITH TRACY L R. Thomas Kline ,Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT GRIFFITH TRACY L but was unable to locate Her in his bailiwick. He therefore returns the COMPLAINT & NOTICE , NOT FOUND , as to the within named DEFENDANT , GRIFFITH TRACY L 511 HIGHLAND COURT CARLISLE, PA 17013 PER POST OFFICE, DEFENDANT IS NOT KNOWN AT GIVEN ADDRESS. Sheriff's Costs: Docketing Service Not Found Surcharge 18.00 3.70 5.00 10.00 .00 36.70 So answers:~:~..~:: .. ,_,_-_...~..-? ,-,<,-? .....,;,,~v .... <,.-~.>.. ,.....-....- /'~( >~".;-<.... .~..,..-.....,,~ +-/.., ~/L ~",~ R. Thomas Kline Sheriff of Cumberland County MDW&O 12/15/2004 Sworn and subscribed to before me ~ /O~ day of 9IAu~../''-'J this .;2L't), ':J~ A. D . ~ Q ( '1- Iu.A..I~-v Pro' otary , # CASE NO: 2004-06063 P SHERIFF'S RETURN - REGULAR COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DICKINSON COLLEGE VS GRIFFITH TRACY L SHANNON SUNDAY , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE GRIFFITH TRACY L was served upon the DEFENDANT , at 1215:00 HOURS, on the 30th day of December, 2004 at CUMBERLAND CO SHERIFF'S OFFICE ONE COURTHOUSE SQUARE CARLISLE, PA 17013 by handing to STEVE GRIFFITH, HUSBAND a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 18.00 .00 .00 10.00 .00 28.00 Sworn and Subscribed to before 6V me this 02 tf - " ( I ~ Lh:i'A A A --Qj .;2,~ -5 1\ LJ~~"J 0 fM4. ;~L 1 I rothonotary day of A.D. ~ So Answers: .~~/~ R. Thomas Kline 01/03/2005 MDW&O By, .L'7L LJ~. Deputy Sheriff F:\FILES\DA T AF1LE\D;ckinso"College7619\Colleclions\CufTentI288~a2 Created 813105 j(l:OOAM Revised: 815105 4:09PM 7619C.2811 David R. Galloway, Esquire MARTSON DEARDORFF WILLIAMS & OTTO Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-6063 CIVIL ACTION-LAW DICKINSON COLLEGE, Plaintiff TRACY L. GRlFFITH, Defendant. JURY TRIAL OF TWELVE DEMANDED PRAECIPE FOR WRIT OF EXECUTION TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Issue a writ of execution in the above matter, (1) directed to the Sheriff of Cumberland County; (2) against Tracy L. Griffith, having an address of 618 W. Louther Street, Carlisle, Pennsylvania 17013. (3) against Commerce Bank, 65 Ashland Avenue, Carlisle, Pennsylvania as Garnishee (Account No. 513263061); and (4) index this Writ: (a) against Tracy L. Griffith, Defendant. The amount due to Plaintiff is as follows: Unpaid Principal Balance of Judgment: Attorneys' Fees: Interest from August 5, 2005, at $0.46 per day: Costs to be added by Prothonotary Total: $ 3,383.61 $ 600.00 $ $ $ Please direct the Cwnberland County Sheriff to execute upon any and all personal property that is owned by the above Defendant. By: David R, Gallowa I.D, Number 87326 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff Date: August 5, 2005 ~ ~(\ l.. ......~ U\ ~ 0\ \) -........ ~ (' r- ~. ......... " , ......... '0C\~ \)~~cX\ 0\ ~\ , ~ \0 ..,.. 0' ...... -.l 10\ 1-> tJ - W -.0 _ ~ -b ~ Q ~~ -cO; rp~X'; 7--(- '7-., "'.' (j)"", .::; t~'-' \L' ~l~':t PC -, '3. V\ G Q. ~~ ~q c~<;{, "'J:."1:'l L~6 ~ %fT'\ q % ~ & ~ ~ ~ ~ C;-, I Cf) WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) N004-6063 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due DICKINSON COLLEGE Plaintiff (s) From TRACY L GRIFFITH, 618 W LOUTHER STREET, CARLISLE, PA 17013 (J ) You are directed to levy upon the property of the defendant (s)and to sell ALL PERSONAL PROPERTY THAT IS OWNED BY THE ABOVE DEFENDANT , (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of COMMERCE BANK, 65 ASHLAND A VENUE, CARLISLE, PA GARNISHEE(S) as follows: (ACCOUNT NO. 513263061). and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due$3,383.61 LL.,50 Interest INTEREST FROM AUGUST 5, 2005 AT $0.46 PER DAY Atty's Comm % Due Prothy $1.00 Atty Paid $110.50 Other CostsA TTORNEYS' FEES: $600,00 Plaintiff Paid Date: 8/8/05 CURTIS R. LONG (Seal) Deputy By: REQUESTING PARTY: Name DA VID R. GALLOWAY, ESQUIRE Address: TEN EAST HIGH STREET CARLISLE, PA 17013 Attorney for: PLAINTIFF Telephone: (717) 243-3341 Supreme Court ID No, 87326 F: IFlLES\DA T AFI LE\DickinsonCollege7619ICollections\CurrentI288IpraJ Created: 8/3/05 lOOOAM Revised: 8/1S/05 3:31PM 7619C288 David R. Galloway, Esquire MARTSON DEARDORFF WILLIAMS & OTTO Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff v, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO, 04-6063 CIVIL ACTION-LAW DICKINSON COLLEGE, Plaintiff TRACY L. GRIFFITH, Defendant. JURY TRIAL OF TWELVE DEMANDED AMENDED PRAECIPE FOR WRIT OF EXECUTION TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Issue a writ of execution in the above matter, (I) directed to the Sheriff of Cumberland County; (2) against Tracy L. Griffith, having an address of 618 W. Louther Street, Carlisle, Pennsylvania 17013, (3) against Commerce Bank, 65 Ashland Avenue, Carlisle, Pennsylvania as Garnishee for any and all bank accounts and assets of Defendant including, but not limited to, account No, 513263061; and (4) index this Writ: (a) against Tracy L. Griffith, Defendant. The amount due to Plaintiff is as follows: Unpaid Principal Balance of Judgment: Attorneys' Fees: Interest from August 5, 2005, at $0.46 per day: Costs to be added by Prothonotary Total: $ 3.383,61 $ 600.00 $ $ $ Please direct the Cumberland County Sheriffto execute upon any and all personal property that is owned by the above Defendant. Date: August 18, 2005 M R F WILLIAMS & OTTO By: ('" David R, Ga 10 J.D. Number 87326 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff C? c, s, = U' '[7' c: G") - 0:> '4, ::;I. ft~1 ~; 1;'~;' -~j(~) -:,1 ~::- ~'n "-,:::~.;~';l \ "2~ :}l --,:' -~ s.? (J\ (,..:,". AMENDED WRIT OF EXECUTION andlor ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) N004-6063 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due DICKINSON COLLEGE Plaintiff (s) From TRACY L GRIFFITH, 618 W LOUTHER STREET, CARLISLE, PA 17013 (I) You are directed to levy upon the property of the defendant (s)and to sell ALL PERSONAL PROPERTY THAT IS OWNED BY THE ABOVE DEFENDANT . (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of COMMERCE BANK, 65 ASHLAND A VENUE, CARLISLE, PA GARNISHEE(S) as follows: ANY AND ALL BANK ACCOUNTS AND ASSETS OF DEFENDANT INCLUDING, BUT NOT LIMITED TO ACmUNT NO. 513263061. and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property ofthe defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and 15 enjoined as above stated. Amount Due$3,383.61 L.L..50 Interest INTEREST FROM AUGUST 5, 2005 AT $0.46 PER DAY Atty's Comm % Due Prothy $1,00 Atty Paid $110.50 Other CostsA TTORNEYS' FEES: $600,00 Plaintiff Paid Date: 8/8/05 CURTIS R. LONG (Seal) By: Deputy REQUESTING PARTY: Name DA VlD R. GALLOWAY, ESQUIRE Address: TEN EAST HIGH STREET CARLISLE, PA 17013 Attorney for: PLAINTIFF Telephone: (717) 243-3341 Supreme Court ID No, 87326 F:IFILES\DATAFILEIDickinsonCollege7619\ColleClions\Currenl\288\iI'lt 1 Created: 813105 !0:00AM Revised: \On1050A6PM 7619C288 Christopher E, Rice, Esquire MARTSON DEARDORFF WILLIAMS & OTTO Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DICKINSON COLLEGE, Plaintiff v. NO, 04-6063 CIVIL ACTION-LAW TRACY L. GRIFFITH, Defendant v, COMMERCE BANK, Garnishee JURY TRIAL OF TWELVE DEMANDED INTERROGATORIES IN ATTACHMENT TO: COMMERCE BANK, GARNISHEE You must file with the Court answers to the following interrogatories within twenty (20) days after service upon you, Failure to do so may result in a default judgment being entered against you. A copy of said answers must be served on the undersigned, If your answer to any of the foregoing interrogatories is affirmative, specify the amount value and/or nature and location of the subiect property, L At the time you were served or at any subsequent time, did you owe the Defendant any money or were you liable to Defendant on any negotiable or other written instrument, or did Defendant claim that you owed any money or were liable to Defendant for any reason? ~ Ji. , I c.~ cJ~n_C 51 "Jd-.td00/ bed ($ 'Cflj,11 l.lauLvt M 0 t 1.o(h(l)q4l/~ I ~. 3'-11 Il 1..) Anne lime you were served or at any subsequent tim~as there in your pos ession, custody or control or in the joint possession, custody or control of yourself or one or more other persons any property ?r any nature own~ solely or in part by th.e Defendant? ~.(l.~ (} .fvQLLLtA-.. to ~A,...-tAA--vU I 3. ' ATanyfIme you were served or at a~bsequent time, did you hold legal title to any property of any nature owned solely or in part by the Defendant or in which Defendant held or claimed any interest? j\_U- ~.A. "+0 ct::)-A::t--I;:L...VLJ ( 4, At any time you were served or at any subsequent time, did you hold as a fiduciary any property in which the Defendant had an interest? NO 5, At any time before or after you were served, did the Defendant transfer or deliver any property to you or to any person or place pursuant to yo~ ,d~rection or consent ilTId, if ~o,- what was J- ~~ ~ '::'Yj(I.A_~t;0 'Ldu~ ~V-e... I\-~'- the consideration therefor? Q(l~) 'u-',- -ttu- crt~-Yt-k ~ ~ to~A_ui C'-'- IW;,L" b k LdA-LW LU-t.,C<- CLt:*-.k_L (J.LA.Q c.+i UY) --~ 0IJq...AIVJAC--'--.- OCLI\ Ie 6, ~) At the time you were served or at any subsequentlti!>>te, did you pay, transfer or dellver any money or property to the Defendant or to any person or place pursuant to the direction of NO Defendant against you? 7, At the time you were served or at any subsequent time, did you have or share any safe-deposit boxes, pledges, documents oftitle, securities, notes, coupons, receivable, or collateral NO in which there was an interest claimed by Defendant? 8. Identify every account (not previously noted), titled in the name of Defendant or in which you believe Defendant has an interest in whole or part, whether or not styled as a payroll account, individual retirement account, tax account, lottery account, partnership account, joint or tenants by entirety account, insurance account, trust or escrow account, attorney's account or otherwise, N (:;, MARTSON DEARDORFF WILLIAMS & OTTO Date: October 3,2005 CL -h",..L<-c f - /Z~ By: Christopher E, Rice, Esquire LD, Number 90916 Ten East High Street Carlisle, P A 17013 (717) 243-3341 Attorneys for Plaintiff pcuUL Juu~ 0- 1$ lOO.oD !f\00_L~<L--LV"-S 't.-;- _,;L'i: ii(.:, '; , ,', r~tl~/.l.) O*Ci.. v'i -(0, ~..--.,.. (j ~- '::7 --05 CERTIFICATE OF SERVICE I, Tricia D, Eckenroad, an authorized agent for Martson Deardorff Williams & Otto, hereby certify that a copy of the foregoing Interrogatories was served this date by depositing same in the Post Office at Carlisle, P A, first class mail, postage prepaid, addressed as follows: Tracy L. Griffith 618 West Louther Street Carlisle, PA 17013 MARTSON DEARDORFF WILLIAMS & OTTO ~5f!Uj~ If) [{)A;I/WC1~' ia D, Eckenroad { T East High Street Carlisle, P A 17013 (717) 243-3341 Dated: October 3, 2005 ~ ~ P, t"J ~~: f"-> C:'::'..:1 \~ .:..>1 o C-J -< I -' ~ _eO -,'" o -0 ---I :r:" rnc:: -O~J..~ -.;J'T' ~,".'..~ (~) ':-'0 -'~O ~"'f"n , ~:~ :.q ". r:-? c..) en SHERIFF'S RETURN - GARNISHEE CASE NO: 2004-06063 P COMMONWEALTH OF PENNSLYVANIA COUNTY OF CUMBERLAND DICKINSON COLLEGE VS GRIFFITH TRACY L And now SHANNON SHERTZER , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, at 0014:46 Hours, on the 16th day of September, 2005, attached as herein commanded all goods, chattels, rights, debts, credits, and moneys of the within named DEFENDANT GRIFFITH TRACY L , in the hands, possession, or control of the within named Garnishee COMMERCE BANK 65 ASHLAND AVE CARLISLE, PA 17013 Cumberland County, Pennsylvania, by handing to CONNIE DIZINSKI (MANAGER) personally 3 true and attested copies of the within WRIT OF EXECUTION and made the contents thereof known to Her . Sheriff's Costs: Docketing Service Affidavit Surcharge .00 .00 .00 .00 .00 .00 So answers: ~~~ R. Thomas Kline Sheriff of Cumberland 10/11/2005 By Sworn and subscribed to before me fk~ Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED. Sheriffs Costs: Docketing Poundage Advertising Law Library Prothonotary Mileage Surcharge Levy Certified Mail Post Pone Sale Garnishee Postage TOT AL $ 18.00 62.42 .50 1.00 4.80 40.00 40.00 9.00 175.72 Sworn and Subscribed to before me 2005 A.D. ," d' 7 \ Lei" COOl 81 od v;,:' , J ~ . ',' . i. \ :.l.~.:o .;:~I Advance Costs: Sheriffs Costs: 175.72 175.72 $ 000.00 Refunded to Attyon 10/28/05 ,- "' So Answers; ,/ " ,'_ ,,,(7 .t~7C ./~q6f-;W~\~i';'~ ~#~...~i"';.tf>-'?"'"'<""~c~,. " '" \'-. C> R. Thomas Kline, Sheriff ~ ~;:., /Jttlt:halc/ By Claudia A. Brewbaker ~ Q) ~j] '']1'',] ;:":':::..=:.:J >:.:;0 ';-?J I, ~lr!! CN...)'i7'i <}' ttL. !7 D 7 'I 7 AMENDED WRIT OF EXECUTION andlor ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) N004.6063 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due DICKINSON COLLEGE Plaintiff (s) From TRACY L GRIFFITH, 618 W LOUTHER STREET, CARLISLE, PA 17013 (1 ) You are directed to levy upon tbe property of the defendant (s)and to sell ALL PERSONAL PROPERTY THAT IS OWNED BY THE ABOVE DEFENDANT, (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of COMMERCE BANK, 65 ASHLAND A VENUE, CARLISLE, PA GARNISHEE(S) as follows: ANY AND ALL BANK ACOJUNTS AND ASSErS OF DEFENDANT INCLUDING, BUT Nor LIMITED TO ACCOUNT NO. 513263061. and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify himlher that he/she has been added as a garnishee and is enjoined as above stated, Amount Due$3,383.61 L.L..50 Interest INTEREST FROM AUGUST 5, 2005 AT $0.46 PER DAY Atty's Cornm % Due Prothy $1.00 Atty Paid $1I0.50 Other CostsA TTORNEYS' FEES: $600.00 Plaintiff Paid Date: 8/8/05 CURTIS R. LONG (Seal) By: Deputy REQUESTING PARTY: Name DAVID R. GALLOW A Y, ESQUIRE Address: TEN EAST HIGH STREET CARLISLE, PA 17013 Attorney for: PLAINTIFF Telephone: (717) 243-3341 Supreme Court ID No, 87326 F:\FILES\Clients\7619 Dickinson College \7619.Collections\7619C.Current\7619C.288 Griffith\7619C.288.pra.discontinue.wpd Christopher E. Rice, Esquire Attorney I.D. No. 90916 MARTSON LAW OFFICES Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff ti tLLU-OF FIICL i)F THE r RO T HOHOiAi- 2014 OCT 28 PH 3:02 CUMBERLAND COUNTY PENNSYLVANIA DICKINSON COLLEGE, Plaintiff v. TRACY L. GRIFFITH, Defendant. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 04-6063 : CIVIL ACTION -LAW : JURY TRIAL OF TWELVE DEMANDED PRAECIPE TO THE PROTHONOTARY: Please mark the judgment in the above -referenced matter satisfied and the action discontinued. MARTSON LAW OFFICES By ( �� Christopher Rice Attorney I.D. 90916 10 East High Street Carlisle, PA 17013-3093 (717) 243-3341 Attorneys for Plaintiff Date: l0" 2e. "/1( This a debt collecting firm attempting to collect a debt. Any information obtained will be used for that purpose.