Loading...
HomeMy WebLinkAbout04-6080 F;\FILESIDA T AFlLE\DickinsonCoIlege7619\CoIleclions\CulTent\279-com I. wpd Created 4/28/03 \;54 03 PM Revised \212/04 2 5\ 22 PM 7619c,279ILC2 DICKINSON COLLEGE, Plaintiff v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04- f&,OPO ~olLY~ CIVIL ACTION-LAW ANTHONY A. ARTHER, 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 /: M R (' Dated: December 2, 2004 By Davl R. Gallowa 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, PENNSYLVANIA v. NO. 04- CIVIL ACTION-LAW ANTHONY A. ARTHER, 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 Anthony A. Arther is an adult individual with a last known address of 1442 Pacific Street, Brooklyn, NY 11216-3262. 3. On or about December 8, 1989, 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 his own behalf, for educational services and benefits at Plaintiffs institution. A copy of Note #1 is attached hereto as Exhibit "A." 4. On or about May 4, 1990, Defendant entered into an additional Promissory Note - Federal Perkins Loan Program (Note #2) with Plaintiff for the financing of$900. 00 plus interest and costs by Defendant on his own behalf, for educational services and benefits at Plaintiff s institution. A copy of Note #2 is attached hereto as Exhibit "B." 5. On or about September 18, 1990, Defendant entered into an additional Promissory Note - Federal Perkins Loan Program (Note #3) with Plaintiff for the financing of $1,600.00 plus interest and costs by Defendant on his own behalf, for educational services and benefits at Plaintiff s institution. A copy of Note #3 is attached hereto as Exhibit "C." 6. On or about October 17, 1991, Defendant entered into an additional Promissory Note - Federal Perkins Loan Program (Note #4) with Plaintiff for the financing of$2,200.00 plus interest and costs by Defendant on his own behalf, for educational services and benefits at Plaintiffs institution. A copy of Note #4 is attached hereto as Exhibit "D." 7. Note #1, Note #2, Note #3, and Note #4 are funds created under Part E of Title N of the Higher Education Act of 1965 as amended, (hereinafter the "Act") and are subject to the Act and the Federal Regulations issued under the Act. 8. As provided in the Act, Plaintiff acts in a fiduciary capacity in the handling, disbursing and collecting of funds associated with the programs under the Act. 9. The total principal for Note #1, Note #2, Note #3, and Note #4 is $6,700.00. 10. Note #1, Note #2, Note #3, and Note #4 grant Plaintiff reasonable collection and attorneys' fees which Plaintiff has calculated to be $1,005.00. 11. As of August 25, 2004, the principal and interest due and payable by Defendant to Plaintiff was $9,550.19, plus interest accruing thereafter at $0.91 per day. 12. As of August25, 2004, the outstanding balance of$9,550.19 represents the total and actual overdue value of the financing provided to Defendant under Note #1, Note #2, Note #3, and Note #4 for which Defendant has yet to pay. 13. Plaintiffhas fulfilled, performed and complied with all obligations and conditions of Note #1, Note #2, Note #3, and Note #4. COUNT I BREACH OF CONTRACT 14. Plaintiff hereby incorporates by reference the averments contained in Paragraphs 1 through 13 of this Complaint. 15. Defendant breached the expressed and implied obligations, conditions and terms of agreement of Note #1, Note #2, Note #3, and Note #4 by failing to pay the amounts financed therein. WHEREFORE, Plaintiff demands judgment against Defendant in the amount of$9,550.19, plus interest accruing at $0.91 per day from August 25, 2004, collection and attorneys' fees in the amount of$I,005.00 and costs of suit. COUNT II IN QUANTUM MERUIT 16. Plaintiff hereby incorporates by reference the averments contained in Paragraphs 1 through 15 of this Complaint. 17. Having requested Plaintiff to loan money, and doing so to the benefit of Defendant, Defendant became liable to Plaintiff for said money. 18. Defendant has been unjustly enriched by accepting said money without paying Plaintiff reasonable compensation therefor. 19. As of August 25,2004, the total amount by which Defendant has become enriched is $9,550.19, plus interest in the amount of$0.91 per day from August 25,2004. WHEREFORE, Plaintiff demands judgment against Defendant Anthony A. Arther, in the amount of$9,550.19, plus interest in the amount of$0.91 per day from August 24, 2004, collection and attorneys' fees in the amount of$I,005.00 and costs of suit. F WILLIAMS & OTTO \. Date: December 2, 2004 Ul~~lN~UN ~ULLtGt Carlisle, PA 17013 Tel: 717-245-1383 PROMISSORY NOTE - PERKINS LOAN PROGRAM [Any bracketed clause or paragraph may be included at option of institution,] I, Anthony A. Arther promise to pay to Di ck i nson Co 11 ~g~ (hereinafter called the Lending Institution) located at r.1I1" 1 ; <: 1 P ppnn<:y 1 v IIn ; II the sum of the amounts thatare advanced to me and en, dorsed In the Schedule 01 Advances set lorth below. I ~romise to pay all attorney's fees and other reasonable collection costs and charges necessary for the collection of any amount not paid when due, Ilurther understanl:l and agree that: . I. GENERAL (1) 8Dollcable 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 t965, as amended, hereinafter called the Act, and are subjact to the Act and the Federal Regulations issued under the Act. The terms of this note shall be interpreted in accordance with the Act and Federal Regulations, copies of which are to be kept by the Lending Institution. (2) procedures for Receivino Deferment or Cancellation I understand that in order to receive a deferment or cancellation, I must request the deferment or can, cellation in writing from the Lending Institution, and must submit to the Lending Institution any documentation required by the Lending Institution to prove that I qualify for the deferment or cancellation, I further understand that if I am eligible for deferment or cancellation under Articles VI through 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'ail to liIe my request on time. II. INTEREST Interest shall accrue Irom the beginning of the repayment period and shall be at the ANNUAL PERCENTAGE RATE OF FIVE PERCENT (5%) on the unpaid balance, except that no Interest shall accrue during any delerment period described in paragraph VI(1), Ill. 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 01 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), 1II(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 II my monthly payment for all the loans made to me by the Lending Institution is not a multiple of $5, the Lending Institution may round that payment to the next highest dollar amount that is a multiple of $5. (8) Notwithstanding paragraph 1II(3)(A), upon my written request, repayment may be made in graduated installments in accordance with a scheduie approved by the Secretary, (C) The Lending Institution' shall attach the schedule of repayments and the schedule will become part 01 the note. (4) Notwithstanding paragraph 11I(1), If I qualify as a low.income individual during the repayment period, the Lending Institution. upon my written request, may extend the repayment period lor up to an additional 10 years, and may adjust any repayment schedule to reflect my Income. [(5)(A) II the monthly rate that would be established under paragraph 11I(1), or the total monthly repayment rata of principal and interest on all my Perkins Loans Including this loan, ia less than $30 per month, I shall repay the principal and interest on this loan at the rate 01 $30 per month (which includes both prin, cipal and interest), (5) (8) II I have received Perkins Loans Irom other institutions and the totai monthly repayment rate on those loans is less than $30, the $30 monthly payment established under subparagraph 1l1(5)(A) includes the amounts I owe on all my outstanding Perkins Loans including those received from other Institutions. The amount ofthis $30 monthly payment that will be applied to this loan will be the difference between $30 and the total of the amounts owed at a monthly rate on my other Perkins Loans, ' (6) The Lending Institution may permit me to pay less than the rate 01 $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 1II(1}, if, in its opinion, extraordinary circumstances such as prolonged illness or unemployment, prevent me Iroll1 making the scheduled repayments. However, inter, ast shall continue t<>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 of the next regular installment. . V, DEFAULT (1) The Lending Institution may, at its option, declare my loan to be in default and may demand immediate payment of the entire unpaid balance of the ioan, including principal, interest. late charges and collection costs if- (A) I do not make a scheduled payment when due under the repayment schedule established by the Lending Institution, and (8) I do not submit to the Lending Institution on or belore the date on which payment is due, documentation that I qualify for a deferment or cancellation describad in Articles VI, VII, VIII, IX. X, or XI of this agreement. (2) I understand that ill delault 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 ill delault on my loan and the loan is transferred to the Secretary for collection, the Secretary may disclose that I have defaulted. along with other relevant information, to credit bureau organizations, (4) i understand that after the Lending Institution accelerates the loan under paragraph V(1). 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 Landing Institution accelerates the loan under paragraph V(I), I will then lose my right to receive a cancellation of a portion of my loan lor any teaching. volunteer or military service described in Articles VII, VIII and IX, performed after the date the Lending Institution accelerated the ioan. (6) I understand that failure to pay this obligation under the terms agreed upon will prevent my obtaining additional student financial aid authorized under Title rv of the Higher Education Act of 1965, as amended, until I have made arrangements which' are satisfactory to the Lending Institution or the Secretary regarding the repayment of the loan, VI. DEFERMENT (1) I understand that upon making a properly documented written request to the lending Institution, I may deler making scheduled instailment payments. and will not be liable lor any interest that might otherwise accrue, during the following periods: (Al While I am enrolled and in attendance as at least a hall-time student at an institution of higher education or at a comparable institution outside the United States approved for this purpose by the Secretary: (8) For a period of three (3) years during which I am - (i) On lull.time active duty as a member 01 the Armed Forces 01 the United States (Army, Navy, Air Force, Marine Corps, or Coast Guard) or the National Oceanic and Atmospheric Administration Corps, or as an officer on full.time active dufy 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 of 1973 (ACTION programs), (iv) A lull-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 011973, or (v) Temporarily totally disabled as established by an affidavit 01 a qualified physician, or unable to secure employment because I am providing care required by a dependent who is so disabled; (C) For a period not in excess of two (2) years - (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 laading to a degree or certificate awarded by an institution of higher education, a hospital or a health care faCIlity that offers postgraduate training; (D) For a period not in excess of one (1) year during which, ill am a mother of preschool age children, I have entered or reentered the work force and am being paid at a rate which does not exceed $1.00 above the minimum hourly wage established by section 6 01 the Fair Labor Standards Act 01 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 enrollad as at least a hall.time student at an eligible institution; and (Ii) During which I am pregnant, caring for my newborn baby; or caring for a child immediately after h. or she was placed with me through adoption and I am neither attending an eligible Institution of higher education nor gainfully employed: and (F) During a six (6) month period immediately lollowing the expiration of any deferment provided in paragraphs VI(1)(A) through VI(1 )(E), (2) The Lending Institution may, upon my written request, deler my scheduled repayments if it determines that the deferment is necessary to avoid a financial hardship lor me. Interest, however, will continue to accrue. VII. CANCELLATION FOR TEACHING 11) I understand that upon making a properly documented written request to the Lending Institution. I am entitled to have up to 100 percent of the amount of .,is loan plus the interest thereon cancelled jf I perform service -- -07 Exhibit "A" (A) As a full,time teacher in a public or other nonprofit elementary or secondary school which Is in the school district of a local educational agency which is eligible in such year of service for funds under Chapter I of the Education Consolidation and Improvement Act of 1981, as amended, and which has been designated by the Secretary (after consultation with each State Department of Education) in accordance with the provisions of section 465(a)(2) of the Act as a school with a high concentration of students from low-income families. M official Directory of designated low,income schools is published annually by the Secretary. (B) As a full.time teacher of handicapped children Oncluding those who are mentally retarded, hard of hearing, deaf, speech and language impaired, visually handicapped, seriously emotionally disturbed, orthopedically Impaired, have specific learning disabilities, or otherwise health-impaired children, who by reason thereof require special education and related services) in a publio or other "onprofit elementary or secondary school system. (2) This loan will be cancelled for each completed year of teaching service at the following rates: (A) 15 peroent of the total prinoipal amount of the loan plus Interest on the unpaid balanoe will be oanoelled for the first and seoond oomplete aoademio years of that teaohing service, (B) 20 percent of the total prinoipal amount plus interest on the unpaid balanoe for the third and fourth complete academic years of that teaching service, and (C) 30 percent of the total principal amount plus interest on the unpaid balance for the fifth oomplete 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 this loan plus the interest thereon cancelled if I perform service as a full,time staff member in a Head Start program if - (A) That Head Start program is operated for a period which is comparable to a full school year in the locality, and (B) My salary is not more than the salary of a comparable employee of the local educational agency, (2) This loan will be cancelled at the rate of 15 percent of the total principal amount plus interest on the unpaid balance for each complete school year or the equivalent of service in a Head Start program. (3) Head Start if a preschool program carried out 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 amount of this ioan 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 special pay under section 310 of Title 37 of the United States Code, (2) This loan will be cancelled at the rate of 121/2 percent of the total principal amount plus interest on the unpaid balance for each complete year of such ser- vice. 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 this loan plus the intereslthereon cancelled if I perform service- (A) As a volunteer under the Peace Corps Act; or (B) As a volunteer under the Domestic Volunteer Servioe Act of 1973, (2) This loan will be cancelled 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 twelve,month period of volunteer service completed; (B) 20 percent of the total principal amount of the loan plus interest on the unpaid balance will be canoelled for the third and fourth twelve.month period of volunteer service completed, X~, 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 will cancel the total amount of this loan, XII. CHANGE IN NAME, ADDRESS, TELEPHONE NUMBER AND SOCIAL SECURITY NUMBER I am responsible, and any endorser is responsible, for informing the Lending Institution of any change or changes in name, address, telephone number or so- cial security number, . XIII. 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 (B) I do not submit to the lending Institution on or before the date on which payment Is due, dooumentation that I qualify for a deferment or cancellation described in Articles VI, VlI, 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 prinoipal the day after the scheduled repayment was due; or (iI) Include it with the next scheduled repayment after I have received notice of the late charge, (B) if the 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 installment. XIV. ASSIGNMENT (1) This note may be assigned by the Lending Institution only to- (A) The United States; (B) Mother institution upon my transfer to that Institution if that institution is participating in this program; or (C) Mother institution approved by the Secretary, (2) The provisions of this note that relate to the Lending Institution shall, where appropriate, relate to an assignee. XV.' PRIOR LOANS I hereby certify that I have listed below al! of the Parkins Loans I have obtained at other institutions, (If no prior loans have been reoeived, atata 'None.") SCHEDULE OF PERKINS LOANS AT OTHER INSTITUTIONS AMOUNT DATE INSTITUTION 1. 2. 3. 4, XVI. SCHEDULE OF ADVANCES The following amounts were advanced to me under this loan agreement on the dates Indicated: 1. A~9~~oo.00 7 7~9E Slft'I~R~~F B(~R01r~;1;> 2, $1,000.00 12/89 Oij.\\.-;(,., 0.. 6;:ft:-; \ \'" ..-..,-,---- 4. NOTICE TO BORROWER: DO NOT SIGN THIS NOTE BEFORE YOU READ IT, THE LENDING INSTITUTION MUST SUPPLY A COpy OF THIS NOTE TO YOU AND ANX. C9~IGNER. [This n~lf~s signed as a sealed instrument.] Signature \ I:" "' ",",..~, (" '. \.( i.' [(seal)] Date Permanent Address (Street or ~ Number, City, State, and Zip Code) 1'1~ ~ [1 j\(\~11 .: ,\r" ( t V: {.xX I.}/' ))1 I;; (( Sooial Security Number (borrower must provide) I"> -;0 ...., c '- ". ", 'I.., , 'I The borrower and Lending Institution shall exeoute this note without security and without endorsement unless the borrower Is a minor and this note would not, under the law of the State in which the Lending Institution is located, create a binding obligation. if the borrower Is a minor and this note would not therefore, be legally binding, the Lending Institution shall require a cosigner to this note: I agree to repay all amounts due on this loan if the borrower fails to do so in accordance with the terms of the note. , .. " , 19~. Signature Of Cosigner [(seal)] Date I 1- /)' ! . 19 -..il. Permanent Address (Street or Box Number, City. State, Zip Code) (20 U.S.C. l087dd) Format by the National Association of Student Financial Aid Administrators. 5/8~ - -07 Carlisle, PA 17013 Tel: 717-245-1383 PROMISSORY NOTE - PERKINS LOAN PROGRAM [Any bracketed clause or paragraph may be Included at option ollnstltutlon.j I, Anthon,Y A. Arther promise to pay to Dicki nc;nn Call ege (hereinafter called the Lending Institution) located at C..rl i c; 1 P, ppnnc;yl w..ni.. the sum 01 the amounts that are advanced to me and en- dorsed in the Schedule of Advances set lorth below, I promise to pay all attorney's lees and other reasonable collection costs and charges necessary lor the collection of any amount not paid when due. I further understantl and agree that: I. GENERAL (1) ~olicable Law All sums advanced under this note are drawn from a lund created under Part E 01 Title N 01 the Higher Education Act 011965, as !mended, hereinafter called the Act, and are subject to the Act and the Federal Regulations issued under the Act. The terms 01 this note shall be interpreted in lccordance with the Act and Federal Regulations, copies of which are to be kept by the Lending Institution, (2) procedures for Receiv/nll Deferment or Cancellstioll I understand that in order to receive a deferment or cancellation, I must request the deferment or can. :ellation in writing from the lending Institution, and must submit to the Lending Institution any documentation required by the Lending Institution to prove that qualify for the deferment or cancellation, I further understand that ill am eligible for delerment or cancellation under Articles VI through XI, I am responsible or submitting the appropriate requests on time. 1 further understand that 1 may lose my deferment and cancellation benefits if I fail to file my request on time, II, INTEREST nterest shall aceruelrom the beginning of the repayment period and shall be at the ANNUAL PERCENTAGE RATE OF FIVE PERCENT (5%) on the unpaid ,alance, 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 It lsast 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 Jnlted States Secretary of Education (hereinafter called the Secretary), and ending 10 years later, unless that period Is shortened under paragraph 111(5), or ex, ended under paragraphs 111(4), 11I(7) (extensions), or VI(I) (delerments), 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- nined by the Lending Institution, I understand that if my monthly payment for all the loans made to me by the Lending Institution is not a multiple of $5, the ,ending Institution may round that payment to the next highest dollar amount that Is a multiple of $5. (B) Notwithstanding paragraph 11I(3)(A), upon my written request, repayment may be made In graduated Installments in accordance with a scheduie .pproved by the Secretary. (C) The Lending Institution shall attach the schedule of repayments and the schedule will become part of the note, 4) Notwithstanding paragraph 111(1), ill qualify as a low-income individual during the repayment period, the Lending Institution, upon my written request, may 'x tend the repayment period for up to an additional 10 years, and may adjust any repayment schedule to reflect my income, 15)(A) If the monthly rate that would be established under paragraph 1I1(t), or the 10lal monthly repayment rate of principal and interest on all my Perkins .oans 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. ,ipal and interest), 5) (8) If I have received Perkins Loans Irom other Institutions and the total monthly repayment rate on those loans Is less than $30, Ihe $30 monthly payment 'stablished under subparagraph 1II(5)(A) includes the amounts I owe on all my outstanding Perkins Loans including those received from other Institutions. The ,mount ollhls $30 monthly payment that will be applied to this loan will be the difference between $30 and the total of the amounts owed at a monthly rata on ny other Perkins Loans. 5) The Lending Institution may permit me to pay less than the rate of $30 per month for a period 01 not more than one year where necessary to avoid ardship to me unless that action would extend the repayment period In paragraph 111(1),) 7) The Lending Institution may, upon my written request, reduce any scheduled repayments or extend the repayment period Indicated In paragraph 111(1), if, 1 Its opinion, extraordinary circumstances such as prolonged illness or unemployment, prevent me from making the scheduled repayments, However, Inter- st 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 acerued 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 excass will be used to prepay principal unless I designate It as an adllance payment of the ext regular installment. V, DEFAULT 1) The Lending Institution may, at its option, declare my loan to be in default and may demend immediate payment 01 the entire unpaid balance of the loan, ,eluding principal, Interest, lale charges and collection costs iI- (A) I do not make a scheduled payment when due under the repayment schedule established by the Lending Institution, and (8) I do not submit to the lending Institution on or belore the date on which payment Is due, documentation that I qualify for a deferment or cancellation escrlbed In Articles VI, VII, VIII, IX, X. or XI of 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 inlormation, 10 credit bureau rganlzations. 3) Further, I understand that if I default on my loan and the loan Is translerred to the Secretary for collection, the Secretary may disclose that I have defaulted, long with other relevant Inlormatlon, to credit bureau organizations. I) I understand that after the Lending Institution accelerates the loan under peragraph V(I), I will then lose my right to deler repayments due after the date 1e Lending Institution accelerates the loan, ;) I understand that after the Lending Institution accelerates the loan under paragraph V(I), I will then lose my right to recellle a cancellation 01 a portion of ,y loan for any teaching, volunteer or military seNlce described In Articles VII, VIII and IX, performed after the date the Lending Institution accelerated the loan, ;) I understand that failure to pay this obligation under the terms agreed upon will prevent my Obtaining additional student financial aid authorized under itle IV of the Higher Education Act of 1965, as amended, until I halle made arrangements which are satisfactory to the Lending Institution or the Secretary ,garding the repayment of the loan, VI. DEFERMENT I) I understand that upon making a properly documented written request to the lending Institution, I may defer making scheduled Installment payments, and 'ill not be liable for any Interast that might otherwise accrue, during the following periodS: (A) While 1 am enrolled and in attendance as alleast a half,tlme student at an institution of higher education or at a comparable institution outside the nited States approved for this purpose by the Secretary; (8) For a period 01 three (3) years during which I am - Ii) On full.time active duty as a member 01 the Armed Forces 01 the United States (Army, Navy, Alr Force, Marine Corps, or Coast Guard) or the ational Oceanic and Atmospheric Administration Corps, or as an officer on full-time active duty In the Commissioned Corps of the United States Public salth SaNice, (iI) In service as a volunteer under the Peace Corps Act, (iIi) A volunteer under the Domestic Volunteer SeNice Act of 1973 (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 omestic Volunteer Service Act 011973, or (v) Temporarily to~lly disabled as established by an affidavit of a qualified physician, or unable to secure employment because I am providing care ,qui red by a dependent who Is so disabled: (C) For a period not In excess of two (2) years - (i) After I receive a baccalaureate or professional degree during which time I am serving in an internship which is required in order that I may receive 'olsssional recognition required to begin my professional practice or service, or (ill 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 Ire facility that offers postgraduate training: (0) For a period not In excess of one (1) year during which, if I am a mother of preschool age children, I have entered or reentered the work force, and am ,'ng 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 - (il 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 ~i) During I\ich I am pregnant, caring for my newborn baby, or caring for a child Immediately after he or she was placed with me through adoption and I am neither tending an eligible Institution of higher education nor gainfully employed; and (F) During a six (6) month period immediately following the expiration of any deferment provided In paragraphs V1(1)(A) through VI(I)(E). ) The Lending Inslitutlon may, upon my written request, defer my scheduled repayments if it determines that the deferment is necessary to avoid a financial Irdship for me. Interest, however, will continue to accrue, VII. CANCELLATION FOR TEACHING ) 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 is loan plus the interest thereon cancelled if I perform service - Exhibit "B" (A) As a full-time teacher in a public or other nonprofit elementary or secondary school which is in the school district of a local educational agency which is eligible in such year of service for funds under Chapter I of the Education Consolidation and Improvement Act of 1981, as amended, and which has been designated by the Secretary (after consultation with each State Department of Education) in accordance with the provisions of section 465(a)(2) of the Act as a school with a high concentration of students from low,income families, An oHiciai Directory of dasignated low-income schools is published annually by the Secretary. (B) As a full.time teacher of handicapped children (including those who are mentally retarded, hard of hearing, deaf, speech and language Impaired, visually handicapped, seriously emotlonelly disturbed, orthopedically Impaired, have specific learning disabilities, or otherwise health,lmpalred children, who by reason thereof require special education and related services) In a public or other nonprofit elementary 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 Ilrst and second complete academic years 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, and (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 percant of the amount of this loan plus the interest thereon cancelled if I perform service as a full-time staff member In a Head Start program if - (A) That Head Start program is operated for a period which is comparable to a full school year In the locality. and (B) My salary Is not more than the salary of a comparable employee of the local educational agency. (2) This loan will be cancelled at the rate of 15 percent of the total principal amount plus interest on the unpaid balance lor each complete school year or the equivalent of service in a Head Start program. (3) Head Start Is a preschool program carried out under the Head Start Act. IX, MILITARY CANCELLATION (1) I understand that upon making a property documented written request to the Lending Institution, I am entltlad to have up to 50 percent of the principal amount of this loan plus the Interast thereon cancelled if I seIVe es a member of the Armad Forces of the United States in an area of hostilities that qualifies for special pay under section 310 of Title 37 of the United States Code, (2) This loan will be cancelled at the rate 01121/2 percent 01 the total principal amount ",Ius interest on the unpaid balance lor each complete year of such ser- vice. X. PEACE CORPS CANCELLATION (1) I understand that ullOn making a pro",erly documanted written request to the lending institution,l am entitled to have up to 70 percent of the amount of this loan plus the interest theraon cancelled if I perform seIVice- (A) As a volunteer under the Peace Corps Act; or (B) As a volunteer under the Domestic Volunteer SeIVice Act of 1973. (2) This loan will be cancelled 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 twelve.month period of volunteer seIVice completed; (BI 20 percent of the total principal amount of the loan plus interest on the unpaid balance will be cancalled for the third and lourth 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 cancallad. (2) If I become totally and parmanently disabled after I recaive this loan, the Lending institution will cancel the total amount of this loan, XII. CHANGE IN NAME, ADDRESS, TELEPHONE NUMBER AND SOCIAL SECURITY NUMBER I am rasponslble, and any endorser Is responsible, for informing the Lending Institution of any change or changes In name, address, telephone number or so- clal security number, XIII, LATE CHARGE (1) The Lending Instltulion may ImllOse a late charge il- (A) I do not make a schedulad payment when It Is due, and (B) I do not submit to the Lending Institution on or belore the date on which ",ayment Is due, documentation that I qualify for a deferment or cancellation described 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) (AI The Lending Institution may- ~) Add the late Charge to the principel the day after the scheduled repayment was due; or Pi) Include It with the next scheduled repayment after I have received notice of the late charge, (B) If the Lending Institution elects to add the assessed charge to the outstanding principal of the loan, it must so Inform me before the due date of tha next installment. XIV, ASSIGNMENT (1) This note may be assigned by the Lending Institution only to- (A) The United States; (6) Another Institution upon my transfer to that Institution ilthat Institution Is participating In this program: or (C) Another institution approved by the Secratary, (2) The provisions of this nota that ralate to the Lending Institution shal" where appropriate, relate to an assignee, XV, PRIOR LOANS I hereby certify that) ha1/8 lIatad below all of the Perkins Loans) have obtained at other institutions, (If no prior loans have been received, atata 'None, ') SCHEDULE OF PERKINS LOANS AT OTHER INSTITUTIONS AMOUNT DATE INSTITUTION 1. 2. 3, 4, XVI. SCHEDULE OF ADVANCES The following amounts were advanced to me under this loan agreement on tha dates indicatad: AMOUNT DATE I . SlIjNATlJBl; OF BQ~'l9WER- ) 1, $900.00 <, ('1, 'Ii I.C.,! L,. . Uti" ..' \...) ,. 2, 3. 4, NOTICE TO BORROWER: DO NOT SIGN THIS NOTE BEFORE YOU READ IT, T~ YOU AND ~Y CgSIGNEFJ., ~T.tIl~-lno,te is signed as a sealed Instrumant.) Signature ,/..-,-.:t[ h., ~"'{':'~' , Permanent Address (Street,!, riox Number, City, State, and Zip Code) I ,( '1 ).. Social Security Number (borrower must provide) {, \' I I " , , 1. '-. ') ,: The borrower and Lending Institution shall execute this nota without security and without endorsement unless the borrower ia a minor and this note would not, under the law of the State In which the Lending Institution is located, craate a binding obligation. If the borrowar Is a minor and this note would not therefore, be legally binding, the Landing Institution shail requira a cosigner to this note: I agree to repay ail amounts due on this loan if the borrower fails to do so in accordance with the terms of the note. THE LENDING INSTITUTION MUST SUPPLY A COPY OF THIS NOTE f'" I ..,. , [(seal)! Dete \ I I 19.....,h. ",\,,,.,, ~ \ .1\1'''01, \, "j_ ~. Y ! I I I .I~ \/ I {' . , )1\ It~I.l.. Signature Of Cosigner [(seal)] Date 19_, Permanent Address (Street or Box Number, City, Stata, Zip COde) (20 U,S.C, 1087dd) Format by the National Association of Sludent Financial Aid Administrators, 5/88. DICKINSON COLLEGE Carlisle, PA 17013 Tel: 717-245-1383 PROMISSORY NOTE - PERKINS LOAN PROGRAM [Any bracketed clause or paragraph may be included at option of institution J I, Anthony A. Arther promise to pay to Di ck i nson Co 11 pge (hereinafter called the Lending Institution) located at r.ar 1; c; 1 P, ppnnc;yl If an ; a the sum of the amounts that are advanced to me and en, dorsed in the Schedule of Advances set fonh 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 understanlj and agree that: I. GENERAL (I) Aooilcable Law All sums advanced under this note are drawn from a fund created under Pan E of Title IV of the Higher Education Act of 1965, as amended. hereinafter called the Act. and are subject to the Act and the Federal Regulations issued under the Act. The terms of this note shall be interpreted in accordance with the Act and Federal Regulations, copies of which are to be kept by the Lending Institution. 12) Procedures for Receivino Deferment or CancellatIOn I understand that in order to receive a deferment or cancellation. I must request the defermenror can, cellatlOn in writing from the Lending Inslitution, and must submit to the Lending Institution any documentation required by the Lending Institution to prove that I qualify for the deferment or cancellation, I further understand that if I am eligible for deferment or cancellation under ArtiCles VI through XI, I am responSible for submitting the appropriate requests On time. I funher 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 15%) on the unpaid balance, except that no Interesl 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 shonened under paragraph III(S), or ex, tended under paragraphs 111(4), 111(7) (extensions), or VI(I) (deferments). (2) Upon my written request, the repayment period may stan 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 if my monthly payment for all the loans made to me by the Lending Institution is not a multiple of $S, the Lending Institution may round that payment to the next highest dollar amount that is a multiple of $S. (6) Notwithstanding paragraph 1I1(3)(A}, upon my written request, repayment may be made in graduated installments in accordance with a schedule approved by the Secretary, (C) The Lending Institution shall attach the schedule of repayments and the schedule will become part of the note. (4) Notwithstanding paragraph 111(1), if I qualify as a low, income individual during the repayment period, the Lending Institution. upon my written request, may extend the repayment period for up to an additional 10 years. and may adjust any repayment schedule to reflect my income, [(S)(A) If the monthly rate that would be established under paragraph 1I1(1}, or the total monthly repayment rate of principal and interest on all my Perkins Loans including this loan. is less than $30 per month, I shall repay the prinCipal and interest on this loan at the rate of $30 per month (which includes both prin, cipal and interest), (S) (6) 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 of the amounts owed at a monthly rate on my other Perkins Loans. (6) The Lending Institution may permit me to pay less than the rate of $30 per month for a period of not more than one year where necessary to avoid hardship to me unless that action would extend the repayment period in paragraph 1I1(1).J (7) The Lending Institution may, upon my written request, reduce any scheduled repayments or extend the repayment period indicated In paragraph 111(1), it, in its opinion, extraordinary circumstances such as prolonged Illness or unemployment, prevent me from making the scheduled repayments However. inter, est shall continue to accrue. IV. PREPAYMENT III 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 of the next regular installment V. DEFAULT (1) The Lending Institution may, at its option, declare my loan to be in default and may demand immediate payment of the entire unpaid balance of the loan, inCluding principal, interest, late charges and collection costs it.. (A) I do not make a scheduled payment when due under the repayment schedule established by the Lending Institution. and (6) I do not submit to the Lending Institution on or before the date on which payment is due. documentation that I qualify for a deferment or cancellation described in Articles VI, VII, VIII, IX, X, or XI of this agreement. 121 I understand that If I default on my loan, the Lending Institution may disclose that I have defaulled, along with other relevant information, to credit bureac organizations. 13) Further, I understand that if I default on my loan and the loan IS transferred to the Secretary for collection, the Secretary may disclose that I have def3ulted along with other relevant informatIOn, to credit bureau organizations. HI I understanCl that after the Lending Institution accelerates the loan under paragraph V(1), I will then lose my fight to defer repayments due after Ihe 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 loan for any teaching, volunteer or military service described in Articles VII, VIII and IX, performed after the date the Lending Institution accelerated the loan (6) I understand that tallure to pay this obligation under the terms agreed upon Will prevent my obtainmg additiooal student financial aid authorized under Title IV of the Higher Education Act of 1965, as amended, until I have made arrangements which are satisfactory to the Lending Institution or the Secretary regarding the repayment of the loan. VI. DEFERMENT (I) I understand that upon making a properly documented written request to the lending Institution, I may defer making scheduled installment payments. and wlll 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 Ihe United States approved for this purpose by the Secretary; (6) For a penod of three (3) years during which I am __ (i) On full,t,me active duty as a member of the Armed Forces of the United Slates (Army, Navy. Air Force. Marine Corps. or Coast Guard) or the UatlOnal Oceanic and Atmospheric Administration Corps, or as an ofllcer on full,time active duty in the Commissioned Corps of the Un<ted States Public Heallh Service, III) In service as a volunteer under the Peace Corps Act, II Ii) A volunteer under the Domestic Volunteer Service Act of 1973 fACTION 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 totally disabled as established by an affidaVit of a qualified physician, or unable to secure employment because I am proViding care required by a d~pendent who .S so disabled, (e) For a period not in excess of two (2) years __ (I) After I receive a baccalaureate or professional degree during which time I am serving in an internship which is required in order that I may receive professional recognition required to begin my professional practice or service, or (ii) serving In an Internship or reSidency program leadIng to a degree or certificate awarded by an InstItution of higher education, a hospital or a health ~are facility that offers postgraduate training; (D) For a period not in excess of one (1) year during which, if I am a mother of preschool age children. I have entered or reentered the work force, and am being paid at a rate which does not exceed $1.00 above the minimum hourly wage established by section 6 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. caring for my newborn baby, or caring tor a child immediately after he or she was placed with me through adoption and I am neither altendlng an eligible institution of higher education nor gainfully employed; and IF) During a SIX (6) month period immediately following the expHation of any deferment provided in paragraphs VI(I)(A) through VI(I)(E) (2) The Lending Institution may, upon my wotten request. deter my scheduled repayments If it determines that the deferment IS necessary to avoid a financial hardshIp for me. Interest. however, will continue to aCCrue. VII. CANCELLATION FOR TEACHING (1) I understand that upon making a properly documented wfltten request to the Lending Inst,tutlOn, I am entitled to have up to 100 percent of the amount of thiS loan plus the interest thereon cancelled If I perform service __ -0 Exhibit "e" (A) As a full.time teacher in a public or other nonprofit elementary or secondary school which is in the school district of a local educational agency which is eligible in such year of service for funds under Chapter I of the Education Consolidation and Improvement Act of 1981, as amended, and which has been designated by the Secretary (after consultation with each State Department of Education) in accordance with the provisions of section 465(a)(2) of the Act as a school with a high concentration of students from low,income families. AA official Directory of designated low,income schools: . pUPlished annually by the Secretary, (B) As a full.time teacher of handicapped children (including those who are mentally retarded, hard of hearing, deaf, speech and language impaired, visually handicapped, seriously emotionally disturbed, orthopedically impaired, have specific learning disabilities, or othelWise health,impaired children, who by reason thereof require special education and related services) in a public or other nonprofit elementary 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 complete academic years 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, and (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 wrillen request to the Lending Institution, I am entitled to have up to 100 percent of the amount of this loan plus the interest thereon cancelled if I pertorm service as a full,time staff member in a Head Start program if. IA) That Head Start program is operated for a period which is comparable to a full school year in the locality, and (BI My salary is not more 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 balance for each complete school year or the equivalent of service in a Head Start program, (3) Head Start is a preschool program carried out 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 amount of 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 special pay under section 310 of Title 37 of the United States Code. (2) This loan will be cancelled at the rate of 12 1/2 percent of the total principal amount plus interest on the unpaid balance for each complete year of such ser- vice. X, PEACE CORPS CANCELLATION (1) I understand that upon making a properly documented written request to the lending institution, I am entilled to have up to 70 percent of the amount of this loan plus the interest thereon cancelled if I pertorm service-- (A) As a volunteer under the Peace Corps Act; or (B) As a volunteer under the Domestic Volunteer Service Act of 1973. (2) This loan will be cancelled 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 lirst and second twelve,month period of volunteer service completed; (B) 20 percent of the total principal amount of the loan plus interest on the unpaid balance will be cancelled for the third and fourth twelve.month period 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. (21 If I become totally and permanently disabled after I receive this loan, the Lending Institution will cancel the total amount of this loan. XII. CHANGE IN NAME, ADDRESS, TELEPHONE NUMBER AND SOCIAL SECURITY NUMBER I am responsible, and any endorser is responsible, for informing the Lending Institution of any change or changes in name, address, telephone number or so' cial security number. XIII. 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 described 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 after I have received notice of the late charge. (B) If the Lending Institution elects to add the assessed charge to the outstanding principal of the loan, it must so inform me before the due date of the next installment. XIV. ASSIGNMENT (1) This note may be assigned by the Lending Institution only to .. (A) The United States: (B) Another institution upon my transfer to that institution if that institution is participating in this program; or IC) Another institution approved by the Secretary. (2) The provisions of this note that reiate to the Lending Institution shall, where appropriate. relate to an assignee. XV. PRIOR LOANS I hereby certify that I have listed below all of the Perkins Loans I have obtained at other institutions. (If no prior loans have been received, state "None,") SCHEDULE OF PERKINS LOANS AT OTHER INSTITUTIONS AMOUNT DATE INSTITUTION 1. 2, 3, 4. XVI. SCHEDULE OF ADVANCES The following amounts were advanced to me under this loan agreement on the dates indicated: AMQUNT DATE SIG~TUfJE OF ~pRROWER ~800.00 August 28, 1990 :Wt,..... (. J../.~:, 2. $800.00 January 22, 1991 (::.....tt.g~/ (.d1~ -) 4. NOTICE TO BORROWER: DO NOT SIGN THIS NOTE BEFORE YOU READ IT, THE LENDING INSTITUTION MUST SUPPLY A COPY OF THIS NOTE TO YOU AND ANY qo~\G,NER. [This I'qt~ signed as a sealed instrument.] o.! . ." Signature i./ ' A/ "'" {.',AJ~ < .~ [(seal)1 Date 7 (? 19~ PermanentAddreSS(StreetOf-S6~NUmber,City,State,and~COde) ;..,-(.1.. /;fl< I ~IL. J}.r..",<-.j- ))/'0,,1<-1'1'" A/'r Social Security Number (borrower must provide) t) (, () II ) 2.. ] < J. I . The borrower and Lending Institution shall execute this note without security and without endorsement unless the borrower is a minor and this note would not. under the law of lhe State in which the Lending Institution is located, create a binding obligation, If the borrower is a minor and this note would not therefore, be legally binding, the Lending Institution shall require a cosigner to this note: I agree to repay all amounts due on this loan if the borrower fails to do so in accordance with the terms of the note, Signature Of Cosigner [(seal)J Date 19_. Permanent Address (Street or Box Number, City, State. Zip Code) (20 U.S.C. 1087dd) Format by the National Association of Student Financial Aid Administrators, 5/88. DICKINSON COLLEGE Carlisle, PA 17013 Tel: 717-245-1383 PROMISSORY NOTE - PERKINS LOAN PROGRAM [Any bracketed clause or paragraph may be included at option of institution.} I, Anthony A. Arther promise to pay to Di ck i nson Co 11 ege (hereinafter called the Lending Institution) located at r.;ll" 1 i <; 1 P ppnn<;yl v;lni 11 the sum of the amounts thatare advanced to me and en. dorsed in the Schedule of Advances set forth below. I ~romise to pay all attorney's fees and other reasonable collection costs and charges necessary tor the collection of any amount not paid when due, I further understanl:l and agree that: I. GENERAL (1) Aoolicable Law All sums advanced under this note are drawn from a fund created under Part E of Title IV of the Higher Education Act of 1965, as amended, hereinafter called the Act, and are subject to the Act and the 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 foe Receiving Deferment or Cancellation I understand that in order to receive a deferment or cancellation, I must request the deferment or can- cellation in writing from the Lending Institution, and must submit to the Lending Institution any documentation required by the Lending Institution to prove that I qualify for the deferment or cancellation. I further understand that if I am eligible for deferment or cancellation under Articles VI through XI, I am responsible lor 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 snail accrue from the beginning of the repayment period and shall be at the ANNUAL PERCENTAGE RATE OF FIVE PERCENT (5%) on the unpaid baiance, except that no interest shall accrue dunng any deferment period described in paragraph VI(1 I, III. REPAYMENT (1) ! 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 liltS), or ex, tended under paragraphs 111(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 111(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 if my monthly payment for all the loans made to me by the Lending Institution is not a multiple of $5, the Lending instiMion may round that payment to the next highest dollar amount that is a multiple of $5, (8) Notwithstanding paragraph 11I(3)(A), upon my written request. repayment may be made in graduated instailments 10 accordance with a schedule ap~roved by the Secretary. (C) The Lending Institution shall attach the scheduie of repayments and the schedule will become part of the note, , (4) Notwithstanding paragraph 111(1), if I qualify as a low.income individual during the repayment period, the Lending Institution. upon my written request, may extend the repayment period for up to an additional fa years, and may adjust any repayment schedule to reflect my Income, [(5)(A) If the monthly rate that would be established under paragraph 111(1), or the total monthly repayment rate of principal and interest on all my Perkins Loans including this loan, is less than $30 par month, I shall repay the principal and Interest on this loan at the rate of $30 per month (which Includes both prin, cipat and interest), (5) (8) If I have received Perkins Loans from other institutions and the total monthly repayment rate on those loans is less than $30, the $30 monthly payment established under subparagraph 1II(5)(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 of the amounts owed at a monthly rate on my other Perkins Loans, (6) The Lending Institution may permit me to pay less than the rate of $30 per month for a period of not more than one year where necessary to avoid hardship to me unless that action would extend the repayment period in paragraph 111(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 as 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 fime. 12) Amounts I repay in the academic year in which the ioan was made will be used to reduce the amount of the loan and will not be considered a prepayment. (3) If I repay more than the amount due for any installment, the excess will be used to prepay principal unless I designate it as an advance payment of the next reguiar installment. V. DEFAULT (1) The Lending Institution may, at its option, declare my loan to be in default and may demand immediate payment of the entire unpaid balance of the loan, including principal, interest, late charges and collection costs if-- (AI I do not make a scheduled payment when due under the repayment schedule established by the Lending Institution, and (B) I do not submit to the Lending Institution on or before the date on which payment is due, documentation that I qualify for a deferment or cancellation descllbed in Articles VI, VII, VIII. IX. X, or XI of this agreement. 121 I understand that if I default on my loan, the Lending Institution may disclose that I have defaulted. along with other relevant information, to credil bureau organizatIons 13) Further, I understand that If I default on my loan and the loan is transferred to the Secretary for collection, the Secretary may disclose that I have defaulted, along With ather relevant information, to credit bureau organizations. 141 J understand that after the Lending InstitutIOn accelerates the loan under paragraph V(1), I will then lose my right to defer repayments due after the date the Lepding Instilutinn accelerates the loan, 15) I understand that after the Lending Institution accelerates the loan under paragraph V(t), I will then lose my right to receive a cancellation of a portion of my loan for any teaching, volunteer or military service described in Articles VII, VIII and IX, performed after the date the Lending Institution accelerated the loan (6) I understand that failure to pay this obligation under the terms agreed upon will prevent my obtaining additional student financial aid authorized under Title IV of the Higher Education Act of 1965, as amended, untIl I have made arrangements which are satisfactory to the Lending InstItution or the Secretary regarding the repayment ot the loan. VI. DEFERMENT (1) I understand that upon making a properly documented written request to the lending instItution. I may defer making scheduled installment payments. and Will not be liable for any interest that might otherwise eccrue, 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; (8) For a penod of three (3) years during which I am -, Ii} On fulHlme aCllve duty as a member of the Aimed Forces of the United Slates (Army, Navy, Air Force, Marine Corps. or Coast Guard) or the Nalional Oceanic and Atmospheric Administration Corps. or as an officer on lull-time active duty In the Commissioned Corps of the United States Public Heallh Service. (ii) In service as a volunteer under the Peace Corps Act, (iii) A voiunteer under the Domestic Volunteer Service Act of 1973 (ACTION programs). (IV) A full-time volumeer in a tax-exempt organization performing service comparable to the servIce performed in the Peace Corps or under the Domestic Volunteer Service Act of 1973, or (v) Temporarily totally disabled as established by an affidavit of a qualified phvsician. or unable 10 secure emflloyment because I am prc'/i::'ing c.,,, loqu;ied by a deptmdtl'nt wt10 IS so disaoled; (C) For a period not In excess of two (2) year. ,- (i) After I receive a baccalaureate or professional degree during which time I am serving in an internship which is required in order that I may receive professional recognition required to begin my professional practice or service, or (Ii) serving In an Internship or residency program leading to a degree or certificate awarded by an institutIon of higher education. a hospital or a health care faCIlity that offers postgraduate training: (D) For a period not in excess of one (1) year during which, if I am a mother of preschool age children, I have entered or reentered the work force, and am being paid at a rate which does not exceed $1.00 above the minimum hourly wage established by section 6 of the Faif 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, caring for my newborn baby, or caring for a child immediately after he or she was placed with me through adoption and I am neither attending an eligible institution of higher educalion nor gainfully empioyed; and IF) Dunng a six (6) monlh penod immediately followin9 the expiration of any deferment provided in paragraphs VI(1)(A) through VI(1)(E), (21 The Lending Institution may, upon my written request, defer my SCheduled repayments If It determines that the deferment is necessary to avoid a financial hardship for me Interest, however, will conlinue to accrue. VII, CANCELLATION FOR TEACHING (1) I understand that upon making a properly documented wlitten request to the Lending Institution, I am entitled to have up to 100 percent of the amount of thiS loan plus the interest thereon cancelled If I peMorm service .. -0 Exhibit liD" (A) As a full-time teacher in a public or other nonprofit elementary or secondary school which is in the school district of a local educational agency which is eligible in such year of service for funds under Chapter I of the Education Consolidation and Improvement Act of 1981, as amended, and which has been designated by the Secretary (alter consultation with each State Department of Education) in accordance with the provisions of section 465(a)(2) of the Act as a school with a high concentration of students from low.income familis . t.n otticial Directory Of designated low,income .chools is published annually by the Secretary. (8) As a full-time teacher of handicapped children (including those who are mentally retarded, hard of hearing, deaf, speech and language impaired, visually handicapped, seriously emotionally disturbed, orthopedically impaired, have specific learning disabilities, or othelWise health-impaired children, who by reason thereof require special education and related services) In a public or other nonprofit elementary 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 complete academic years 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, and (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 entitied to have up to 100 percent of the amount of this ioan plus the interest thereon cancelled if I perform service as a tull,time staH 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 the locality, and (B) My salery is not more 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 balance for each complete school year or Ihe equivalent of service in a Head Start program, (3) Head Start is a preschool program carried out 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 amount of this loan plus the interest thereon cancelled if I serve as a member of the Armed Forces 01 the United States in an area of hostilities that qualifies for speciai pay under section 310 of Title 37 of the United States Code, (2) This loan will be cancelled at the rate of 121/2 percent of the total principal amounl plus interesl on the unpaid balance for each complete yeal 01 such ser- vice. 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 this loan plus the interest thereon cancelled if I perform service- (A) As a volunteer under the Peace Corps Act; or (B) As a volunteer under the Domestic Volunteer Service Act of 1973. (2) This loan will be cancelled at the lollowing rates: (A) 15 percent 01 the total principal amount of the ioan plus interest on the unpaid balance will be cancelled lor the first and second twelve,month period of volunteer service completed; (8) 20 percent 01 the total principal amount 01 the loan plus interest on the unpaid balanca will be cancelled for the third and fourth twelve.month period of volunteer service completed, XI. DEATH AND DISABILITY CANCELLATION (1) In the event of my death, the 101al amount owed on this loan will be cancelled, (2) III become totally and permanently disabled after I receive this loan, the Lending Institution will cancel the total amount of this loan. XII, CHANGE IN NAME, ADDRESS, TELEPHONE NUMBER AND SOCIAL SECURITY NUMBER I am responsible, and any endorser is responsible, for informing the Lending Institution of any change Or changes in name, address, telephone number or so' cial security number. XIII. LATE CHARGE (t) 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 described in Micles VI, VII, VIII, IX, X, and XI of this agreement. (2) No charge may exceed twenly (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 after I have received notice of the late charge. (B) If the Lending Institution elects to add the assessed charge to the outstanding principal of the loan, it must so inform me before the due date of the nexl installment. 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 that institution if that institution is participating in this program; or tCl Mother institution approved by the Secretary. (2) The provisions of this note that relate to the Lending Institution shall, where appropriete, relate to an assignee, XV, PRIOR LOANS I hereby certify that I have listed below all of the Perkins Loans I have obtained at other institutions. (If no prior loans have been received, state 'None.") SCHEDULE OF PERKINS LOANS AT OTHER INSTITUTIONS AMOUNT DATE INSTITUTION 1. Z. 3. 4, XVI. SCHEDULE OF ADVANCES rhe following amounts were edvanced to me under this loan agreement on the dates indicated: AMOUNT DATE \I SIGNAftlE QF 8pRROWER 1.$1,100.00 q/3/q1 f' (", (^ ~ !, $1,100.00 1/28/92 Y, IJ._~ ~ I. mTlCE TO BORROWER: 00 NOT SIGN THIS NOTE BEFORE YOU READ IT. THE LENDING INSTITUTION MUST SUPPLY A COpy OF THIS NOTE '0 YOU AND0NY COSIGNER.lrhi~ signed as ~d instrument.] V / ' ',jgnature 1\ G-..vVl.", O~ \--' [(seal)] Date "" I D 11 19-.2.:... 'ermanentAddress (Street or Box Number,~, S!" and Zip Code) )( I i 1'1 J. F V' ( t1 1<-. ()1 r · (1- J:, (,'" v~j \ ^/ fI'l. ~ocia/SecurityNumber,(borro,:"ermustprovide) . (),<'- Q') (1. .,..;, 1 . I i Iii he borrower and Lending Institution shall execute IS note without secunty and Without endorsement unless the borrower is a minor and this note woul~ not, ,nder the law of the State in which the Lending Institution is located, create a binding obligation. If the borrower is a minor and this note would not therefore, ,It legally binding, the Lending Institution shall require a cosigner to this nole: aglee to repay all amounts due on this loan if the borrower fails to do so in accordance with the terms of the note. :ignature Of Cosigner [(seal) ] Dale 19_, 'ermanent Address (Street or Box Number, City, State, Zip Code) 20 U.S,C, 1067dd) Format by the National Association of Student Financial Aid Administrators, 5/88. VERIFICATION I, THOMAS MEYER, Bursar of Dickinson College, acknowledge that I have the authority to execute this Verification on behalf of Dickinson College and certify that the foregoing Complaint is based upon information which has been gathered by my counsel in the preparation of this lawsuit. The language ofthis Complaint is that of counsel and not my own. I have read the document and to the extent that this Complaint is based upon information which I have given to my counsel, it is true and correct and to the best of my knowledge, information and belief. To the extent that the content of this Complaint is that of counsel, I have relied upon counsel in making this Verification. This statement and Verification are made subject to the penalties of 18 Pa. C.S. 9 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 12-, Thomas Meyer Bursar of Dickinson College Dated: j.:<) ~ J (i-{ F :\FILES\D AT AFILE\DickinsonCo lIege? 619\Collections\Current\2 ?9-com 1. wpd If (J ~ i n "'-' ~~ (' ,:~ .~ (,-;:' "",,-- ........ e G U) ~ J ("'~ ~ () I , ..() <>- (...) ~ - p! _ i. ," -.- - ......! .. "- -,' 1') .L' , (...> --<::: F:\FILES\DA T AFILE\DickinsonCollege7619\Colleclions\Currem\279.pral Created: 311105 I058AM Revised 312105 10 lOAM 7619C279 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, 04-6080 CiVIL ACTION-LAW ANTHONY A. ARTHER Defendants JURY TRIAL OF TWELVE DEMANDED PRAECIPE Please reinstate the attached Complaint against Anthony A. Arther, in the above-captioned action and return same to the undersigned for service. ( By David R. Galloway, Esquire I. D, Number 87326 Ten East High Street Carlisle, P A 17013 (717) 243-3341 Date: March 1,2005 Attorneys for Plaintiff (') c- ..c.", < -0 ~~u rTJP", z: '):',1 "::;''' r f/'1>:' -<, r- , ~~'-"' ~C) :',';;t.Ci J>C': ~ -< ...., ~ = en ;J:; > :::0 I N (J -n ~. ('l1:::!1 r -om :,00 OJ, ..c;eJ :c::rl O~.J ""0 ?,."rf1 '::~ -":.>- ~-:o -< -'0 ::!: ~) +" F: \FI LES\DA T AFJ LE\DickinsonCollege 7619\C ollectionsICun"enl\279\pra2 Created: 3,'24105 Il:lOPM Revised 3124/05255PM 7619(27') David R. Galloway, Esquire MARTS ON DEARDORFF WILLIAMS & OTTO 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff DICKINSON COLLEGE, Plaintiff : IN THE COURT OF COMMON PL AS OF : CUMBERLAND COUNTY, PENNS LV ANIA v. NO, 04-6080 CIVIL ACTION-LA W ANTHONY A. ART HER Defendants JURY TRIAL OF TWELVE DEMA DED PRAECIPE TO DOCUMENT SERVICE PURSUANT TO PENNSYLVANIA'S LONG-ARM STATUTE TO THE PROTHONOTARY: Please see the attached Affidavit. By Davi , Gallow I.D. No. 87326 10 E. High Street Carlisle, P A 17013-3093 (717) 243-3341 WILLIAM & OTTO MARTS ON DEARDO Date: March 24, 2004 Attorneys for Plaintiff ANthONj A If d,hfT Defecrl,,, t 'Respondent STA TE OF NEW YORK } COF'iTY OF ~ \~ b } ss: 3. WI \1, c. (Y) S , being duly sworn, affirms that hel~ is a Deputy Sheri of the City of New York, being over the age of eighteen years, is not a party to this action 0 proceeding, and served the annexed No-r,c,,, ~ ~14""+- in thabove titled action or proceeding on the 15 day of Mi\ruh ;2005_, at appro, imately II, 'bO ,M fP.M. at '1qIP fh,.;.:. ('\GI!l(., in the borough of e,<Z\'lo)d , Countvof .I(l b Service was made upon AN-l-hONy A, A~f (y , the defendanV'8J~al1<kHt. in the followi g manner. PERSONAL [J By delivering to and leaving with SERVICE personally a true copy of thereof. said person being k own as the person mentioned and described herin, J>4: By delivering to and leaving with. C ",th.A. ....Jhc a person of suitable age and discretion, who is ~~t thof to the defendant (relationship) !r",'psRs.nt, a true copy therof. Said address is the dwelling place/business place of the party served. [J By aftlxing a true copy thereof to the door of the abov mentioned address, said address being the dwelling M ' ILED place/business place of the defendanVrespondent I><f By mailing a true copy therofin a plain white envelop marked "PERSONAL & CONFIDENTIAL" to the defendant/..-,peRiknt to his last known address as mentioned above, By delivering to and leaving with, , a true COPy' therof. Said pe on ......-" AL TE~'\iA TE PERSOi\ AFFIXED TO PRE\HSES CORPORA nON S1A TUTORY FEE 1\Oi\,,'vlILIT ARY STA TEMENT DESCRIPTION ----- I orr:CE OF THE SHERIFF KINGS COUNTY DIVISIOt'i 208-10 JOR~LEMON STREET - ROOi\l909 BROOKLYN, NY 11201 (71 ) 802-3545 tt.<l"l\iOCo--.i State of: Pen06 I-Jo()!,,- Plea.. ~l)'C.\'..i()f)On 'oi\~c. Plainrifti Petitibner Court: County of: C.u Mbcr- ill) d AFFIDA VIT OF SE "leE el'hL kerf} 55if'f stated helshe is the . an agen. C><J (title) aLlthorized to accept service of legal process. At the time of service. a statLllor) ree of $ was also left with the person mentioned and described herei At the time of service defendant/respondent \Vas asked f he was in the military service of the U.S, Government and defendant/respondent repl ied he ",ay>ot. The person served is a (, .2;'1 (V)F and approximate r AGE: 551;0 HT: 5'1 , WT:/91,/lO, SKIN: 'n, HAIR: . kc-lt... - ~ ~ > I' I CERTIFICATE OF SERVICE I i I, Jean Taylor, an authorized agent of Marts on Deardorff Williams & Otto, hereb)f certify that a copy of the foregoing Praecipe was served this date by depositing same in the Po~t Office at I I Carlisle, P A, first class mail, postage prepaid, addressed as follows: Mr. Anthony A. Arther 996 Park Place Brooklyn, NY 11216-3262 Dated: March 24, 2005 ! MARTS ON DEARDORFF WILL[' & OTTO I I ..---------: ! r-- I B\ ean T lor ~ rc ,- 'r== Ten E t High Street ! Carlisle, PA 17013 I (717) 243-3341 r I I i I I ! I I j i I ! )..t~ ","-.} -~ n c t'~) C.:> .:;.::> c.n ~ -, -c -<1 \"11---- f;i .,.,~ -n r:,) ~ 02. .;Q ~;lM S ~-..,. -:0 =< ....".. ::'~',,: ;;\J 1'.) .r.- -::1 3-: .r:- ,. o -J 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. 04-6080 CIVIL ACTION.LA W ANTHONY A. ARTHER Defendants JURY TRIAL OF TWELVE DEMANDED TO: ANTHONY A. ARTHER, DEFENDANT NOTICE OF ENTRY OF DEFAULT JUDGMENT You are hereby notified that on fYt:r -< 5' , 2005, the following Judgment was entered against you in the above-captioned case as follows: Principal plus interest through August 25, 2004: Interest from August 25,2004 through May 25,2005: Attorneys' fees: Total Judgment: $ 9,550.19 $ 248.43 $ 1.005,00 $10,803.62 Costs of suit and interest accruing at $0,91 per day from May 25, 2005, shall be added to the Judgment for Defendant's failure to file an Answer to the Complaint. PW~~ I hereby certify that the name and address of the proper person to receive this notice under Pa, R. Civ, P. 236 is: Mr. Anthony A. Arther 996 Park Place Brooklyn, NY 11216-3262 M F WILLIAMS & OTTO Date: May 25,2005 By David R. Gallo ay Attorneys for Plaintiff \ f: \FILES\DA T AFILE\DickinsonCollege7619\CollectionsICurrent\279\praJ 'Created: 5/24/05852AM Revised: 5/25105 9:35AM 76 I 9C.279 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, 04-6080 CNIL ACTION-LAW ANTHONY A. ARTHER Defendants 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 25, 2004: Interest from August 25, 2004 through May 25,2005: Attorneys' fees: $ 9,550,19 $ 248.43 $ 1.005,00 Total Judgment: $10,803.62 Costs of suit and interest accruing at $0.91per day from May 24, 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 last known address on May 11, 2005, which date was subsequent to the date default occurred and at least ten (10) days prior to the date of the Praecipe, Dated: May 25, 2005 By David R. Galloway, J.D. 87326 Ten East High Street Carlisle, P A 170!3 (717) 243-3341 Attorneys for Plaintiff F WILLIAMS & OTTO '. , CERTIFICATE OF SERVICE I, Jean Taylor, an authorized agent of MARTS ON DEARDORFF WILLIAMS & OTTO, hereby certify that a copy of the foregoing Praecipe was served this date by depositing same in the Post Office at Carlisle, P A, first class mail, postage prepaid, addressed as follows: Mr. Anthony A. Arther 996 Park Place Brooklyn, NY 11216-3262 MARTS ON DEARDORFF WILLIAMS & OTTO .~/1 Q. L- B Je Te ast High Street Carlisle, PA 17013 (717) 243-3341 Dated: May 25,2005 \ ~ -, r ~ \ f J? \ I - \ " c:.--:,) ~ ..() "- -<:. c -t', t v, ~ \.> "" ~ r lr, l..J "\ 6 '" ~:.~ C) ,-', -n :.11 ,.., -,;,., fl-: 1'.) <"/1 ., " r;.? ["',) F \Fl LES\DA TAI'l LEIDickinsonC()lkge 7 619\C ol1cGt ions\Cullcnl\:'7CJ\ I Odaynol Creatcd 5/9/0521IPM Revised 5111105 0-J8PM 7619C279 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. 04-6080 CIVIL ACTION-LAW ANTHONY A. ARTHER Defendants JURY TRIAL OF TWELVE DEMANDED TO: ANTHONY A. ARTHER IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOu. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAYBE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS, 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 REDUCED FEE OR NO FEE. r;'~:"::~\ \....:i '0 (;.5\ \.":~::=::::., c:;;<.:;"i ,~,.f i L~ .----::::::). Cumberland County Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, P A 17013 Telephone:(717) 249-3166 Date: May 11, 2005 MART~P~~ /' ,'/ By , (,( Davi . Galloway, Esquire LD, 87326 Ten East High Street Carlisle,PA 17013 (717) 243-3341 Attorneys for Plaintiff