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Home My WebLink About04-6064 F.IFILESIDA T AFILEIDickinsonCollege7619\CollectionsICurrent\289-coml. wpd . Created: 4/28/03 L54:03 PM Revised. 12/2/041:44:37 PM 7619c.289 DICKINSON COLLEGE, Plaintiff v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04- tOt 1 CIVIL ACTION-LAW LYNN A. HILDEBRAND, 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 ORFF WILLIAMS & OTTO Dated: December 2, 2004 By "-- \ David R. alloway, Esquire I. D. Number 87326 Ten East High Street Carlisle, P A 17013 (717) 243-3341 Attorneys for Plaintiff DICKINSON COLLEGE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v. NO. 04- CIVIL ACTION-LAW LYNN A. HILDEBRAND, 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 Lynn A. Hildebrand is an adult individual with a last known address of26 Loomis Street, Apartment B, Montpelier, VT 05602-2423. 3. On or about December 9, 1988, Defendant entered into a Promissory Note - Federal Perkins Loan Program (Note #1) with Plaintiff for the financing of$1,500.00 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 November 12, 1987, Defendant entered into an additional Promissory Note - Federal Perkins Loan Program (Note #2) with Plaintiff for the financing of $1,000.00 plus interest and costs by Defendant on her own behalf, for educational services and benefits at Plaintiffs 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 $2,500.00. 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 27,2004, the principal and interest due and payable by Defendant to Plaintiff was $3,972.59, plus interest accruing thereafter at $.32 per day. 10. As of August 27, 2004, the outstanding balance of$3,972.59 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. 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 $3,972.59, plus interest accruing at $.32 per day from August 27, 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 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 $3,972.59, plus interest in the amount of$.32 per day from August 27,2004. WHEREFORE, Plaintiff demands judgment against Defendant in the amount of$3,972.59, plus interest in the amount of$.32 per day from August 27,2004, collection and attorneys' fees in the amount of $500.00 and costs of suit. By David R. Galloway LD. Number 87326 Ten East High Street Carlisle, P A 17013-3093 (717) 243-3341 Attorneys for Plaintiff Date: December 2,2004 UICKINSON COLLEGE CARLISLE, PENNSYLVANIA 17013 PROMISSORY NOTE - PERKINS LOAN PROGRAM -0 {Any bracketed clause or paragraph may be included at option of institution.] I, l.vnn'" Hildebrand promise to pay to Dickinson College (hereinafter called the1.ending Institution) located at ~l i..l p Ppnnc;yl Vilni a the sum of the amounts that are advanced to me and en, dorsed in the Schedule of Advances set forth below. I promise to pay all attorney's fees and other reasonable collection costs and charges necessary for the collection of any amount not paid when due. I further understanb and agree that: l. GENERAL (1) Applicable Law All sums advanced under this note are drawn from a fund created under Part E otTitle IV of the Higher Education Act of 1965, as amended, hereinafter called the Act, and are subject to the Act and the Federai Regulations issued under the Act. The terms of this note shall be Interpreted in accordance with the Act and Federal Regulations, copies of which are to be kept by the Lending institution. (2) Procedures for ReceivinQ Deferment or Ca(\cellation I understand that in order to receive a deferment or cancellation, I must request the deferment or can- cellation in writing from the Lending Institution, and must submit to the Lending Institution any documentation required by the Lending Institution to prove that I qualify for the deferment or cancellation. I further understand that if I am eligible for deferment or cancellat/on under Articles VI through XI, I am responsible for submitting the appropriate requests on time, I further understand that I may lose my deferment and cancellation benefits if I fail to file my request on time. II. INTEREST Interest shall accrue from the beginning of the repayment period and shall be at the ANNUAL PERCENTAGE RATE OF FIVE PERCENT (5%) on the unpaid balance, except that no interest shall accrue during any deferment periOd described in paragraph VI(I). III. REPAYMENT (1) I promise to repay the principal and the interest which accrues on it to the Lending institution over a period beginning 9 months after the date I cease to be at least a half,time student at an institution of higher education, or at a comparable institution outside the United States approved for this purpose by the United States Secretary of Education (hereinafter called the Secretary), and ending 10 years later, unless that period is shortened under paragraph 111(5), or ex- tended under paragraphs 11I(4), 111(7) (extensions), or VI(1) (deferments). (2) Upon my written request, the repayment period may start on a date earlier than the one indicated in paragraph 11I(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 deter- mined by the Lending Institution. I understand that it my monthly payment lor all the loans made to me by the Lending Institution is not a mulliple of $S, the Lending Institution may round that payment to the next highest dollar amount that is a multiple of $S. (B) Notwithstanding paragraph 1II(3)(A), upon my written request, repayment may be made in graduated installments in accordance with a schedule apprcved by the Secretary. (C) The Lending institution shall attach the schedule 01 repayments and the schedule will become part of the note. (4) Notwithstanding paragraph 11I(1), if I qualify as a low-income individual during the repayment period, Ihe Lending Institution, upon my written request, may extend the repayment period for up to an additional 10 years, and may adjust any repayment schedule to reflect my income. [(5) (A) if the monthly rate that would be established under paragraph 11I(1), or the total monthly repayment rale 01 principal and interest on all my Perkins Loans including this loan, is less than $30 per month, I shall repay the principal and interest on this loan at the rate of $30 per month (which includes both prin- cipa/ and interest). (5) (B) If I have received Perkins Loans from other institutions and the total monthly repayment rate on those loans is less than $30, the $30 monthly payment established under subparagraph III(S)(A) includes the amounts I owe on all my outstanding Perkins Loans including those received from other Institutions. The amount of this $30 monthly payment that will be applied to this loan will be the difference between $30 and the total 01 the amounts owed at a monthly rate on my other Perkins Loans. (6) The Lending Institution may permit me to pay less than the rate of $30 per month for a period of not more than one year where necessary to avoid hardship to me unless that action would extend the repayment period in paragraph 11I(1).] (7) The Lending Institution may, upon my written request, reduce any scheduled repayments or extend the repayment period Indicated In paragraph 11I(1), If, in its opinion, extraordinary circumstances such es prolonged Illness or unemployment, prevent me from making the scheduled repayments. However, inter- est shall continue to accrue. IV. PREPAYMENT (1) i may, at my option and without penalty, prepay all or any part of the principal, plus the accrued interest thereon, at any time. (2) Amounts I repay in the academic year in which the loan was made will be used to reduce the amount of the loan and will not be considered a prepayment. (3) If i repay more than the amount due for any Installment, the excess will be used to prepay principal unless I designate it as an advance payment olthe next regular installment. V. DEFAULT (1) The lending Institution may, at its option, declare my loan to be in default and may demand immediate payment of the entire unpaid balance of the loan, including principal, interest, lata charges and collection costs it- (A) I QO not make a scheduled payment when due under the repayment schedule established by the lending Institution, and (B) I do not submit to the Lending Institution on or before the date on which payment is due, documentation that I qualify lor a deferment or cancellation described in Articles VI, VII, VIII, IX, X, or XI 01 this agreement. (2) I understand that if I default on my loan, the Lending Institution may disclose that I have defaulted, along with other relevant information, to credit bureau organizations. (3) Further, I understand that if I defaull on my loan and the loan is transferred to the Secretary lor collection, the Secretary may disclose that I have defaulted, along with other relevant information, to credit bureau organizations. (4) I understand that after the Lending Institution accelerates the loan under paragraph V(I), I will then lose my right to defer repayments due after the date the Lending Institution accelerates the loan. (5) I understand that after the Lending Institution accelerates the loan under paragraph V(I), I will then lose my right to receive a cancellation of a portion of my ioan for any teaching, volunteer or military service described in Articles VII, VIII and IX, performed alter the date the Lending Institution accelerated the loan. (6) I understand that failure to pay this obligation under the terms agreed upon will prevent my Obtaining additional studentlinancial aid authorized under Title IV of the Higher Education Act of 1965, as amended, until I have made arrangements which are satisfactory to the Lending Institution or the Secretary regarding the repayment of the ioan. VI. DEFERMENT (1) I understand that upon making a properly documented written request to the lending Institution, I may defer making scheduled installment payments, and will not be liable for any interest that might otherwise accrue, during the following periods: (A) While I am enrolled and in attendance as at least a half-time student at an institution of higher educatiOn or at a comparable institution outside the United States approved for this purpose by the Secretary; (B) For a period of three (3) years during which I am _ (I) On full-time active duty as a member of the Armed Forces 01 the United States (Army, Navy, Air Force, Marine Corps, or Coast Guatd) or the National Oceanic and Atmospheric Administration Corps, or as an officer on full-time active duty in the Commissioned Corps of the United States Public Health Service, (ii) In service as a volunteer under the Peace Corps Act, (Iii) A volunteer under the Domestic Volunteer Service Act 011973 (ACTION programs), (iv) A full, time volunteer in a tax-exempt organization performing service comparable to the service performed in the Peace Corps or under the Domestic Volunteer Service Act of 1973, or 'v) TemporarilY totaliy dlsatlled as established by an affidavit of a qualified physician, or unable to secure employment because I am providing care r~q,'ir~r1 ky a c1p.pef"d~nt who is so disabled: (C) "'or a period not in excess of two (2) years - (I) After i receive a baccalaureate or professional degree during which time I am serving in an internship which Is required in order that I may receive prolessional recognition required to begin my professional practice or service, or (Ii) serving in an internship or residency program leading to a degree or certificate awarded by an institution of higher education a hospital or a health care facility that offers postgraduate training; , (D) F~r a period not, in excess of one (1) year during which, if I am a mother of preschool age children, I have entered or raentered the work loree, and am bemg paid at a rate which does not exceed $1.00 above the minimum hourly wage established by section 6 of the Fair Labor Standards Act of 1938' (E) For a period not in excess of six months _ ' . (i) That follows by six months or less of a period during which I was enrolled as at least a half-time student at an eligible institution; and (Ii) During which i am pregnant, canng for my newborn baby, or caring for a child immediately after he or she was placed with me through adoption and I am neither attending an eligible institution of higher education nor gainfully employed; and (I") During a six (6) ,,:,onth period immediately following the expiration of any deferment provided in paragraphs VI(I)(A) through VI(I)(E). (2) The Lendmg Institution may, upon my wntten request, defer my scheduled repayments if it determines that the deferment is necessary to avoid a financial hardship for me, Interest, however, will continue to accrue. VII. CANCEl.lJ\TION FOR TEACHING (1) I understand that upon making a properly documented written request to the Lending Institution, I am entitled to have up to 100 percent of the amount 01 this loan plus the interest thereon cancelled if I perform service _ Exhibit "A" (A) As a full-time teacher in a pubiic or other nonprofit eiementary or secondary school which is in the school district of a local educational agency Ihich is eligible In such year of service for funds under Chapter I of the Education Consolidation and Improvement Act of 1981, as amended, and which has ,een designated by Ihe Secretary (after consultation with each State Departmenl of Education) in accordance with the provision. of seotion 465(a)(2) of the ,ct as a school with a high concentration of students from low-income families. M official Directory of designated low-income schools is published annually 'y the Secretary. (B) As a full-time teacher of handicapped children (includin9 those who are mentally retarded, hard of hearing, deaf, .peech and language impaired, ;sually handicapped, seriously emotionally disturbed, orthopedically impaired, have speciflc learning disabilities, or otherwise health-Impaired children, who 'y reason thereof require special education and related services) in a public or other nonprolilelementary or secondary school system. 2) This loan will be cancelled 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 will be cancelled for the first and second compiete academic 'ears of that teaching service, (B) 20 percent of the total principal amount plus interest on the unpaid balance for the third and fourth complete academic years of that teaching service, Ind (C) 30 percent of the total principal amount plus interest on the unpaid balance for the fifth complete academic year of that teaching service. VIII. HEAD START CANCELLATION 1) I understand that upon making a properly documented written request to the Lending Institution, I am entitled to have up to 100 percent of the amount of his loan plus the interest thereon cancelled if I perform service as a lull-time staff member In a Head Start program if- (A) That Head Start program is operated lor a period which is comparable to a full school year In lhe locality, and (8) My salary is not mare than the salary of a comparable employee of the local educational agency. 2) This loan will be cancelled at the rate of 15 percent of the total principal amount plus interest on the unpaid baiance for each complete school year or the 'quivalent of service in a Head Start program. 3) Head Start is a preschool progrann carried aut under the Head Start Act. IX. MILITARY CANCELLATION 1) I understand that upon making a properly documented written request to the Lending Institution, I am entitled to have up to 50 percent of the principal ,mount cf this loan plus the interest thereon cancelled If I serve as a member of the Armed Forces of the United States in an area of hostilities that qualifies for 'pecial pay under section 310 of Title 37 01 the United States Code. 2) This loan will be cancelled at the rate of 12 1/2 percent of Ihe total principal amount plus interest on Ihe unpaid balance for each complete year of such ser- 'ice. X. PEACE CORPS CANCELLATION '1) I understand that upon making a properly documented written request to the lending institution, I am entitled to have up to 70 percent of the amount of his loan plus the interest thereon cancelled if I perform service- (A) As a volunteer under the Peace Corps Act; or (8) As a volunteer under the Domestic Volunteer Service Act of 1973_ 2) This loan will be cancelled atlhe fallowing rales: (A) 15 percent 01 the total principal amount 01 the loan plus interest on the unpaid balance wiil be cancelled for the first and second twelve-month period lf voiunteer service compieted; (B) 20 percent of the total prinCipal amount 01 the loan plus interest an the unpaid balance will be cancelled for Ihe third and fourth twelve-month ,eriod of volunteer service completed. XI. DEATH AND DISABILITY CANCELLATION 1) In the event of my death, the total amount owed on this loan will be cancelled. 2) If I become totally and permanently disabled after I receive this loan, the Lending Institution wiil cancellhe total amount of this loan. XII. CHANGE IN NAME, ADDRESS, TELEPHONE NUMBER AND SOCIAL SECURITY NUMBER am responsible, and any endorser is responsible, for informing the Landing Institution of any change or changes in name, address, telephone number or so- ,ial security number. XliI. LATE CHARGE 1) The Lending Institution may impose a late charge if - (A) I do not make a scheduled payment when it is due, and (8) I do not submit to the Lending Institution on or before the date on which payment is due, documentation that I qualify for a deferment or cancellation lescribed in Articles VI, VII, VIII, IX, X, and XI of this agreement. 2) No charge may exceed twenty (20) percent of my monthly, bimonthly or quarterly payment. 3) (A) The Lending Institution may- (I) Add the late charge to the principal the day after the scheduled repayment was due; or (Ii) Include it with the next scheduled repayment afler I have received notice of the late charge. (6) If the Lending Institution elects to add the assessed charge to the outstanding principal of the loan, it must so inform me before the due date of the next ,stallment. XIV. ASSIGNMENT 1) This note may be assigned by the Lending Institution oniy to - (A) The United States; (B) Mother institution upon my transfer to Ihat institution if that institution is participating in this program; or (C) Mather institution approved by the Secretary. !) The provisions of this note that relate to the Lending Institution shall, where appropriate, relate to an assignee. XV, PRIOR LOANS hereby certify that I have listed below all 01 the Perkins Loans I have obtained at other Institutions. (It no prior loans have been received, state 'None.') SCHEDULE OF PERKINS LOANS AT OTHER INSTITUTIONS AMOUNT DATE INSTITUTION XVI. SCHEDULE OF ADVANCES e following amounts were advanced to me under this loan agreement on the dales Indicated: AMOJ"JNT DATE SIGNATURr Of ~ORROWER :j)750.00 7/88 j ,:'~ ,',,"t.U'} \<-to:" $750.00 12/88 j \ 111\.i\! i,~'.l ,4- ("-"'1(\ 1 nCE TO BORROWER: DO NOT SIGN THIS NOTE BEFORE YOU READ IT. THE LENDING INSTITUTiON MUST SUPPLY A COpy OF THIS NOTE YOU AND ANY COSlqNER. [This note is ~gned as a sealed instrument.] I. . .', lature .~";>7V\ .11 ",:,(./)1(,./,.1:' [(seal)] Date l.vvv)'v;1.1 \", 19.1;L. nanent Addres~ (Street or Sox Number, City, Sta!e, a~d Zip Code) . n 1'( ilu.hb ",.:l l2, ~, ! (:, Ih.<r~:I" J NY' /'1 c s,~ . al Security Number (borrower must prOVIde) \. J\ I - 1- \J ..., '_ ~,~ . borrower and Lending Institution shall execute this note without security and withoul endorsement unless the borrower Is a minor and this note wouid not, If the law of the Stale In which the Lending Institution is localed, create a binding obligation. It the borrower Is a minor and this note would not therefore, gaily binding, the Lending Institution shall require a cosigner to this note: Ie to repay all amounts due on this loan if the borrower fails to do sa in accordance with the terms of the note. !lure Of Cosigner [(seal)] Date 19_. anent Address (Street or Box Number, City, State, Zip Code) S.C. 1087dd) Format by the National Association of Student Financial Aid Administrators, 5/88. DICKINSON COLLEGE CARLISLE, PENNSYLVANIA 17013 PROMISSORY NOTE PERKINS LOAN PROGRAM 1, Lynn A. Hildebrand promise to pay to Dickinson College (herein after called the Lending Instilution) located al Carlisle, Pennsylvania the sum of the amounts thst are advanced to me and endorsed in the Schedule of Advances set forth below. I promise to pay all allorney's fees and ather reasonable collection com and charges necessary for the collection of any amount nOl paid when due. I further understand and agree that: I. GENERAL (1) Aoolicsble Law. All sums advanced under this note are drawn from a fund crealed under Pan E of nile IV of the Hiper Education Act of 1965, as amended, hereinafter called the Act, and sre subject to the Act and the Federal Regulations issued under the Act. The tentl$ of tbis note sball be inter- preted in accordance with the Act and Federal Regulations, copies of which are to be kept by the Lending Institution. (2) procedures for Receiving Defennent or Cancellation. I undentand that in order to receive a defennent or cancellation, I must request the defennent or cancellation in writing from tbe Lending Institution, and must submit to the Lending Institution any documentation required by tbe Lending Institution 10 prove that I qualify far the defennent or cancellation. I funher understand that if I am eligible for defennent or cancellation under Articles Vllhrough Xl. 1 am responsible for submilling tbe appropriate requests an time. I further undentand that I may I"'" my defenoent and cancellation benefits if I fa,llo file my request on time. II. INI'ERESr Interest sball accrue from the beginning of tbe repayment period and shall be althe ANNUAL PERCEloITAGE RATE OF FIVE PERCEloIT (5%) on Ihe unpaid balance, exceplthat no interest shall accrue during any defennent period described in paragrapb VI(I). Ill. REPAYMENT (1) I promise to repay tbe principal and lhe inlerest which accrues on it to the Lending Institution OYer a period begiMinl9 months after the date I cease to be at least a half.time student at an institution of higher education, or al a comparable institution outside the United States sppl'OYCd for this purpooe by the United States Secretary of Education (hereinafter caUed the Secretary), and endins. unlC$$ paragraphs 11I(4), 11I(5), 11I(7), or VI(I) applies, 10 yean Ialer. (l) Upon my written request, the repayment period msy "an on a date earlier lhan the one indicated in parapaplllll(1). (3)(A) I promise to repay the principal and interest aver tbe course of the repayment period in equal monthly, bimonthly or qU4rterly installments as deter. mined by the Lendinllnstitution. I unden18nd that if my monthly paymenl for all the loans made to me by lhe Lendinllnstilution ia not a multiple of SS, the Lendinllnstitution may round that payment to tbe next biBhcSt dollar amount that is a multiple of $S. (B) Nolwithstandinl parapaph 1ll(3)(A), upon my wrillen request, repaymenl may be made in graduated installments in accordance with a schedule ap- proved by the Secretary. (C) The Lendinllnstitulion shall attach the schedule of repayments and the schedule will become part of the note. (4) Notwithstanding paragraplllll(l). if I qualify as a low-income individU4' durinl tbe repayment period, the Lendinllnstitution may, upon my wrillen re- qUC$t, extend lhe ICpayment period for up to an additional 10 yeatS, or adjust any repaymenl schedule to reneet my income, or bath. (5)(A) If the monthly rate that would be C$tabliahed under paragraph 11I(1), or tbe total monthly repayment rate of principal and inlerest an sll my Per~ins Loans including this loan, is less lhan $30 per month, I ohall repay the principal and interest on this loan at lhe rate of S30 per monlb (which ill<ludes balh principal and interest). (5)(B) If I have received Perkins Loans from olher institutions and lbe total monthly repayment rate on thooc: loans is less than $30, lhe S30 monlhly rale es. tablished under subparagraph 1lI(5)(A) is the rate I pay On all my outstanding Perkins Loans and is not in addition to the amount I pay OIl th"", other loans. The amount of my monthly repayment rate attributable to Ihis loan is tbe amount which represents Ihe difference between S30 and the monlbly ral.. I musl pay on my other Perkins Loans. (6) The Lending Institution may penoit me to pay I... than the rate of $30 per month far a period of nol mare than one year where necessary to avoid hardship to me unl... that action would extend lhe repayment period in paragraplllll(l). (7) The Lendinllnstitution msy, upon my written requC$l, reduce any scheduled repsymenrs or eXlenclthe ICpayment period indicated in parapaph 11I(1), if, in its opinion, extraordinary ci",ums18nces such as prolonlCd illnC$$ or unemployment, prevcnl me from makinlthe scbeduled repayments. However, in- terat shall continue to accruc~ IV. PREPAYMBl'IT (1) I may, at my option and wilhout penalty, prepay all or any part of lhe principal, plus the accrued interest thereon, st any time. (2) Amounts I repay in the academic year in which lhe loan was made will be used to reduce lhe amount of the loan and will not be considered a prepayment. (3) If I repay more than the amount due for any installment, the excess will be used to prepay principal unless I desipulte it as an advance payment of lb< neXl regular installment. V. DEFAULT (1) The Lending Institution may, al its option, declare my loan to be in default and may demand immediate payment of lhe entire unpaid balance of tbe loan, including principal, interest, and late chafICS if .' (A) I do not make a scheduled payment when il is due, and (B) I do not submit 10 the Lending Instilution an or before lhe date on which payment is due, documentation that I qualify for a defennenl or cancellation described in Articles VI, VII, VIII, IX; X, or XI of this apeement. (2) I undenland that if I default on my loan repayments, the Lendinllnstitution may disclose thai I havc defaulted, alonl with olher relevant information, to credit bureau organizations. (3) Further, I undentand that if I default on my loan repayment and the loan is sent to the Secretary for collection, lhe Secretary may disclose lhat I have defaulted, along witb olher relevant inConnation, to credit bureau organizations. (4) I undentsnd tbat if the Lending Institution accelerates the loan under paragraph V(l), I will tose my cancellalion and defennent benefits for service per- formed after the date the Lending lnlititution acceterated the loan. . (5) I understand that failure to pay Ibis obliption under tbe tentl$ apeed upon will prevent my obtaioinl additional student financial aid authomed under ntle IV of the Higher Education Act of 1965, as amended, until I have made ananlements whicb sre satisfaclory to lhe Lending InslilUlion or the Secretary regarding lhe repaymenl of the loan. VI. DEFERMEl'IT (1) Inlerest will not accrue, and installments of principal need not be paid - (A) While I am enrolled and in aUendance as at least hall-time student at an institution of higher education or at a comparable institution outside lhe United Slales approved for this purpooe by the Secretary; (B) For a period of three (3) years during which I am . (i) On full-time active duty as a member of Ihe Anned Forces of the United States (Anny, Ns>y, Air Force, Marine Corps, Or Coast Guard) or lhe Na. tional Oceanic and Almospheric Administration Corps, or as an officer on full-lime active duty in lhe Commissioned Corps of the United States Publit Health Service, (ii) In service Ii a volunteer under the Peate Corps Att, (iii) A volunteer under lhe DOMestic Volunteer Service Act of 1973 (ArnON programs), (iv) A full.time volunteer in a tax-exempt organizalion perfonoinlservice comparable to the service perfonned in Ihe Peace Corps or under Ihe Domes- tic Volunteer Service Act of 1973, or (v) Temporarily tOlally disabled as established by an affidavit of a quslified physician, or unable to secure employment bccau.. I am providinl care re- quired by a dependent who is so disabled; (C) Far a period not in excess of two (2) yean after I receive a baccalaureale or professional degree durinl which lime I am serving in an internship wbicb IS required in order lhal i may receive proiessionai ret'Qgnicio!1 requued :0 oCiPD my 'liOf:$SiofJai practice or 5eMCC, or serving 1n an internsh.ip or resident')' program leacsing to a dc-pee or ccnmcalc awarded by an institution of hignc.r education. a hO&pital or a heatth care. facility that offen po5tpadultc tn.inin~ (D) For a period not in excess of one (1) year durinl which I as a mOlher of preschool age children, who has entered or reentered the work fOI<<, am being paid at a rale wbich does not exceed S1.00 above Ibe minimum bourly wage eslablished by section 6 of the Fair Labar Standanll; Act of 1938; (E) Far a period nOI in excess of six months if . (i) I am prepanl, csrinl (or my newborn baby, or carini for a child immediately after he or she was plated with me through adoption and I am not al. lending an eligible institution of higher education or being gainfully employed during the six month period, and (ii) I was enrolled ss st leut a half.lime student at an eligible institution within Six months of the first day of that period; and (F) During a six (6) month period followinlthe expiration of any deferment provided in paragraphs VI(l)(A) through VI(l)(E). (2) The Lendinllnsutution may, upon my written request, defer my scheduled repayments if it detennines that the defennent is necessary to avoid a finan- cial hanll;hip for me. Inlerest, however, will conlinue to accrue VII. CANCELLATION FOR TEACHING (1) I am entilled to bsve up to 100 percent of the amount of lhis loan plu. the interest thereon cancelled if I undenake service. (A) As; a full-time teacher for a complete academic year in a public Or other nonprofit elementary or secondary school which is in the school district of a local educalional agency which is eligible in such year of ..rvice for Cunds under Chapter I of Ihe Edueation Consolidation and Improvemenl Act of 1981, as amended, and which has been desipated by the Secretary (aller consullation wilh escb State Department of Education) in accordance with the provisions of section 465(a)(2) of lhe Act as a school wilh s high concentration of students from low.income fsmilies. An official Directory of designated low.income schools is published annually by lhe Secretary. (B) As a full-time teacher of handicapped children (including menIally retarded, hard of hearing, deaf, speech and Jangual" impaired, visually hand. icapped, seriously emotionally disturbed, orthopedically impaired, cbildren witb specific learning disabilities, or other healtb-impaired children, wbo by relSOn Exhibit liB" .,. thereof requlre special education and related seMces} in a public or other nonprofit elementary or secondary school system. (2) This loan wiU be canceUed at the following rates; (A) 15 pettent of the total principal amount of the loan plus interest on the unpaid balance will be cancelled far the first and second complete academic years of that teaching seMce, (B) 20 pettent of the totsl principal amount plus interest an the unpaid balance for the lhird and fourth complete academic years of Ihatleaching service, (C) 30 pettenl of Ihe lotal principal amount plus interest on the unpaid balance for the fifth complete academic year of thstteoching service. VIII. HEAD START CANCELLATION (1) I sm entitled to have up to 100 pettent of the amount of this loan plus the interest thereon cancelled if I undertake service u a fuU-time staff member in a Head Slart program if - (A) That Head Start program is operated for a period which is comparable to a fuU school year in the localil}', and (B) My salary is not more than the salary of a comparable employee of Ihe local educational agency. (2) This loan will be cancelled althe rate of 15 percent of the total principal amount plus interest on the unpaid balance for each complete school year 01 the equivalent of service in a Head Slart program. (3) Head Slart is a preschool program carried out under the Head Start Act. (Subchapter B, a.apter 8 of TIlle VI of Pub. L 97-35, the Budget Reconcilia- tion Act of 1981; fonnerly authorized under section 222(a)(I) of the &onomic Opportunity Act of 1964). IX. MIUTARY CANCELLATION (1) I am enlilled 10 have up to SO pertent of the principal smount of Ihis loan plus Ihe interest thereon csncelled if I serve u a member of the Armed Fon-es of the United States in an ",,. of hostilities that qualifies for special pay under seclion 310 of Tille 37 of the United States Code. (2) This loan will be cancelled at the rate of 12 112 pereent of the total principal amounl plus interest on Ihe unpaid balance for each complete year of such service. X. PEA,CB CORPS CANCELLATION (1) I am entitled to have up to 70 pereent of the amount of this loan plus the interesttherean cancelled if I undertake service- (A) As a volunteer under the Pea.. Cotp5 Act; or (B) As a volunteer under the Domestic Volunteer SeMce Act of 1973. (2) This loan will be cancelled at the following rates: (A) 15 petl:Cnt of the total principal amounl of the loan plus interest on the unpeid balance will be cancelled for the first and second ~m-month period of volunteer service; (B) 20 pertent of the total principal amount of the loan plus interest on the unpaid balance will be cancelled for the third and fourth _m-month period of voluntee( service. XI. DEATH AND D1SABlurv CANCELLATION (1) In lhe ovent of my death, the total amount owed an this loan will be cancelled. (2) If I become totally snd pennanenlly disabled after I receive thia loan, the Lending Inslitution will cancel the lotal amount of Ihis Joan. XII. CHANGE IN NAME, ADDRESS. TELEPHONE NUMBER AND SOCIAL SECURITY NUMBER I am responsible, and any endorser is ",sponsible, for infonning the Lending Institution of any ellange or changes in name, add","", telephone number or so- cial security number. XIII. LATE CHARGE (1) The Lending Institution msy impose a late charge if - (A) I do not make a scheduled payment when it is due, and (B) I do not submit to the Lending Institution on or before the date on which payment is due, documentation thai I qualify for a deferment or cancellation described in Articles VI, VII, VIII, IX, X. and XI of this agreement. (2) No charge msyexceed twenty (20) pertent of my monthly, bimonthly or quarterly payment. (3)(A) The Lending Institution msy-- (i) Add lhe late charge to the principallhe day after the scheduled repayment _ due; or (Ii) Include it with Ihe next scheduled repayment after I have recci1lCd notice of the late charge. (B) If lhe Lending Institution electS to add the assessed charge to the oulstanding principal of the loan, il mual so infonn me belo", Ihe due date of the next installment. XIV. ASSIGNMENf (I) This nOle may be assigned by the Lending Instilulion only to- (A) The United States; (B) Another institution upon my transfer to lhat inslitution if that institution is part icipating in this program; or (C) Anolher institution approved by the Secretary. (2) The provisions of this note that ",late to the Lendin-glnstitution shall, where appropriate, relate 10 an assignee. XV. PRIOR LOANS I hereby certify that I have listed below all of the Perkins Loans I have obtained at olher institutions. (If no prior loalllltave been recei1lCd, stale "None.') SCHEDULE OF PERKINS LOANS AT OTHER INSrnunONS AMOUNf DATE NAME OF INsrrrtmON 1. 2. 3. 4. XVI. SCHEDULE OF AnV ANCES The following amounts were advanced to me under this loan sgreement an the dates indicated: AMOUNf 1. $500 2. $500 DATE 7/87 12/87 SI~ATURE OF BORROWER , , ~ "\ - \' ~ ' If"" ji,':.f--! (. [\or:.~ 1,':',,/. \ I r , ., " J\Jf)'.I; (..I.'I~\\l\':'U\'.l\\C\ 3. 4. NOTICE TO BORROWER: DO NOT SfGN THIS NOTE BEFORE YOU READ IT. THE LENDING !NSITTUTION MUST SUPPLY TO YOU AND ANY ENDORSER A COPY OF THIS NOm (llIis note is signed as a sealed instrument.) SIGNATURE Dale 19_. Permanent Address (Streel or Box Number, Cil}', State, and Zip) Social Security Number (borrower must provide) The borrower and Lending Instilution shall execute this note without security and without endorsement unless the borrower is a minor and this nole would not, under the law of the State in which lhe Lending fnstitution is located, create a binding obligation. If the borrower is a minor snd this note would not therefore, be legally binding, the Lending Institution shall require a cosigner to this note: SIGNATUREOFCOSIGNER ~(/ ;\('. :,. .iL V~l\'I(JJr-l Pennanent Address (Street or Box Number, City, State, Zip) )', '. '1, (~ i.~",'(j l'l\.> (\ ){t'.\. ,Date 11l:\I~\\k\ /) ,1..1; 0.('(.' r.:\ }"i / i 19J..L. /'.{C~I)' (20 U.S.c. 1087dd) 0/87) Fonnat by the Nstional Assoeislion of Student Financial Aid Administrator>. 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 Thornas~~ Bursar of Dickinson College Dated: /c9, / ex /(y( F'\FILESIDA T AFILE\DickinsonCollege7619\Collections\Current\289-coml. wpd ~ ~ ~ r':l - f: ~ lJ\ CL:::::s--,--: iP~it0 ,,-0 ~ V\ ~ ~ " '-.) ...::5)L) '0 D~ ~ E: ~ -(< CJ '" .:::~ "- ' ~,. ~{--:- c.:J 1;1 C") o "TI ::--' f ~ .,J ("-. -n,"Tl :j CJ . ) L ~- ;~j ~. r~ r .; ~!. 1 T ~, .~ " ;'ri . . N -1:1 -"I" C,) ( ---.) "'')', .,J -< F.\ FILES\DA T AFI LE\DickinsonCollege7619\Collections\CulTent\289 pm I Created: 1/3/05 447PM Revised 1/4/05 842AM 7619C 289 David R. Galloway, Esquire MARTSON DEARDORFF WILLIAMS & OTTO 10 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- 6064 CNIL ACTION-LAW LYNN A. HILDEBRAND, Defendant. JURY TRIAL OF TWELVE DEMANDED PRAECIPE TO DOCUMENT SERVICE AND COST OF SERVICE PURSUANT TO THE PENNSYLVANIA LONG ARM STATUTE I hereby certify that a copy of the Comp laint was mailed to Lynn A. Hildebrand on December 17, 2004, by certified mail, restricted delivery, return receipt requested, Attached is the Post Office return receipt signed and dated December 28, 2004 and a copy ofthe receipt showing the cost of service was $8.15. By Davi R. Galloway, LD. No. 87326 10 E. High Street Carlisle, PA 17013-3093 (717) 243-3341 Date: January 4, 2005 Attorneys for Plaintiff L~nn II. Jhlclt bHJN:L ~ lf1illu ).ant W"If~Vil Ie" VI Cf5 31P2-411o 1118 ~~.wjl1'M"" If YES' enter deII\,.ly~"'" . .. Jl , {~ a:E1YPe CerIIIIlld M8I Q .. L..... . Regllll.1d 0 .........tl"..chIAdIlIe C In8UnId MeII D c.o.n. 4. Aeslricted DeIM";'''''' . f)(v- 2. ArtIcIeNumber 7003 1010 0001 1188 9563 (11anpIr;~~:: - .... : ,: :: ::: : :: : 3 . '1 lit-i.rd- i2nil1 (. . [ . . \ bb.....ili.i. ...... : ; i \ \ \ \ \ 1025llS-02-M-1540 PS ;Fof'\\1 . ' i! .. ""'fj"lY II i' i,; :, T---' \ \ dill Ii IIi \\\\\\; .j' \ .L~ .,il.+~,if. "'7'K- . \ rT1 -D U"J IT" I:Q I:Q r-'I r-'I CertffledFee $2.30 $1.75 r-'I Cl Cl Cl Return RecIept Fee (Endorsement Required) Cl r-'I Restr1cted Delivery Fee Cl (Endorsement Required) S3. SO r-'I TotaJPostagUFees $ $8.15 rT1 Cl Cl f'- . .. . . CERTIFICATE OF SERVICl~ I, Jean Taylor, an authorized agent of Marts on DeardorffVv'illiams & 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: Lynn A. Hildebrand 56 Miller Lane Williamsville, VT 05362-9701 MARTSON DEARDORFF WILLIAMS & OTTO ~..L Taylor j 7 Je T n ast High Street Carlisle, P A 17013 (717) 243-3341 Dated: January 4,2005 o c ;:::;r5 -7 (j; c~c' -:::u, i~'" 1~~? z -l --- ... l"o.) <:::> <.::::> c.n L )>0 Z I .r:- o -n --I :::J:." nl- -ohl ~? ;-1(,) ...,.... -r~' C):d ;70 Om ~ .n --< ):10 -.. - C3 .. .x:- l'\) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORRSTOWN BANK, PLAINTIFF NO. 2004-6034 CIVIL TERM V. ANSWER TO COMPLAINT WAYNE L. ULSH, DEFENDANT FILED BY DEFENDANT 1. Defendant requests an accounting of all charges and credits in arriving at the principal balance of $4, 042.06. 2. Defendant requests an itemization of the "costs and attorney fees incurred." January 10, 2005 Respectfully submitted, wui!~ o c: :-""' --;->;~ ~~;' ~ ~J>' "1"..~ ... ~-- ~ ......~ ~~~~ )-.~ -i -<: r--...) = = C..f1 '- ::;::..~ z o ., :-:l ff~ FQ -om ::'JO .-) . ~:::; (') ~~ ___f -- . ~~~:: :< o _.~:: S'? !'---.1 F\F1LES\DA T AFILE\DickinsonCollege7619ICollecti0nsICulTemllINI2S9,pral Crt\\\eu 2/28iD5229PM Reviseu, lilSi05 2,04PM 7GI9C2a'J David R. Galloway, Esquire MARTSON DEARDORFF WILLIAMS & OTTO Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff DICKINSON COLLEGE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 04- 6064 CIVIL ACTION-LAW LYNN A. HILDEBRAND, Defendant. JURY TRIAL OF TWELVE DEMANDED PRAECIPE TO THE PROTHONOTARY: Enter default judgment in the above-captioned action in favor of Plaintiff and against Defendant as follows: Principal plus interest through August 17,2004: $3,972.59 Interest from August 27, 2004, through March 21, 2005 at $.32 per day: $ 65.92 Attorneys' fees: $ 500.00 Total Judgment: $4,538.51 Costs of suit and interest accruing at $.32 per day from March 21, 2005, shall be added to the Judgment for Defendant's failure to file an Answer to the Complaint. I do hereby certify that a written notice of intention to file this Praecipe (in the form attached hereto) was mailed to Defendant at his/her last known address on February 14, 2005, which date was subsequent to the date default occurred and at least ten (l0) days prior to the date of the Praecipe. Dated: March 21, 2005 By David R. Gallo LD. 87326 Ten East High Street Carlisle, P A 17013 (717) 243-3341 Attorneys for Plaintiff .- CERTIFICATE OF SERVICE I, Jean Taylor, an authorized agent of MARTS ON DEARDORFF WILLIAMS & OTTO, hereby certify that a copy ofthe 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: Lynn A. Hildebrand 56 Miller Lane Williamsville, VT 05362-9701 MARTSON DEARDORFF WILLIAMS & OTTO ~/} B ~__ ~f L--. aylor Te st High Street Carlisle, PA 17013 (717) 243-3341 Dated: March 21, 2005 ....> Q. ~ ~ cr ~"'" ~ ;:: ~ -1')\),.\_ ;; f\"\---' ~ t;;q}, --om ~T;'. rJ :0 C( 1: ~ (;"'-;:"" rJ ~o , ....(. ~\' ...n "'::. r;:.:,C> -0 - - ",",,' (;)0 ~ 7:;..("" -:;$- r/r ~ .f:'~ L: is? y-c.. "" '- 3 '7 ~ ~ ::2; ~' -- ~ -- rP ~ 'i-.i \l\, '-.1 - "-. ~ 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- 6064 CNIL ACTION-LAW LYNN A. HILDEBRAND, Defendant. JURY TRIAL OF TWELVE DEMANDED TO: LYNN A. HILDEBRAND, DEFENDANT NOTICE OF ENTRY OF DEFAULT JUDGMENT You are hereby notified that on lUaul )..:J- , 2005, the following Judgment was entered against you in the above-captioned case as follows: Principal plus interest through August 17,2004: Interest from August 27, 2004, through March 21, 2005 at $.32 per day: Attorneys' fees: Total Judgment: $3,972.59 $ 65.92 $ 500.00 $4,538.51 Costs of suit and interest accruing at $.32 per day from March 21, 2005, shall be added to the Judgment for Defendant's failure to file an Answer to the Complaint. I hereby certify that the name and address of the proper person to receive this notice under Pa. R. Civ. P. 236 is: Lynn A. Hildebrand 56 Miller Lane Williamsville, VT 05362-9701 M Dated: March 21, 2005 By David R. Gall Attorneys for Plaintiff