The URL can be used to link to this page

Home My WebLink About04-6199F \FILES\DATAFILE\DickinsonCollege7619\Collec[ions\Current\294-coml.wpd Created' 4!28103 1~.54~03 PM Revised 12/9/04 2:3 ] 30 PM 7619c 294/LC2 David R. Galloway, Esquire MARTSON DEARDORFF WILLIAMS & OTTO I.D. 87326 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff DICKINSON COLLEGE, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 04- x/99 ~~ CIVIL ACTION-LAW AARON J. TOWNE, 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 IlVFORMATION 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 MARTS D F IAMS & OTTO By David R. Galloway, uire I. D. Number 87326 Dated: December 9, 2004 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff David R. Galloway, Esquire MARTSON DEARDORFF WILLIAMS & OTTO I.D. 87326 10 East High Street Carlisle, PA 17013 (717} 243-3341 Attorneys for Plaintiff DICKINSON COLLEGE, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 04- CNIL ACTION-LAW AARON J. TOWNE, 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 Aaron J. Towne is an adult individual with a last known address of 7035 La Cosa Drive, Dallas, Texas 75248-5127. 3. On or about August 27, 1990, 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 his 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 September 20, 1991, Defendant entered into an additional Promissory Note -Federal Perkins Loan Program (Note #2) with Plaintiff for the financing of $1,500.00 plus interest and costs by Defendant on his own behalf, for educational services and benefits at Plaintiff's institution. A copy of Note #2 is attached hereto as Exhibit "B." 5. On or about October 13, 1992, Defendant entered into an additional PromissoryNote -Federal Perkins Loan Program (Note #3) with Plaintiff for the financing of $1,000.00 plus interest and costs by Defendant on his own behalf, for educational services and benefits at Plaintiff's institution. A copy of Note #3 is attached hereto as Exhibit "C." 6. On or about October 5,1993, Defendant entered into an additional Promissory Note - Federal Perkins Loan Program (Note #4) with Plaintiff for the financing of $1,000.00 plus interest and costs by Defendant on his own behalf, for educational services and benefits at Plaintiff's institution. A copy of Note #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 TV of the Higher Education Act of 1965 as amended, (hereinafter the "Act") and are subject to the Act and the Federal Regulations issued under the Act. 8. As provided in the Act, Plaintiff acts in a fiduciary capacity in the handling, disbursing and collecting of funds associated with the programs under the Act. 9. The total principal for Note #1, Note #2, Note #3, and Note #4 is $5,000.00. 10. Note #l, Note #2, Note #3, and Note #4 grant Plaintiff reasonable collection and attorneys' fees which Plaintiff has calculated to be $750.00. 11. As of September 30, 2004, the principal and interest due and payable by Defendant to Plaintiff was $5,102.29, plus interest accruing thereafter at $0.50 per day. 12. As of September 30, 2004, the outstanding balance of $5,102.29 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. Plaintiff has fulfilled, performed and complied with all obligations and conditions of Note #1, Note #2, Note #3, and Note #4. COUNTI 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 $5,102.29, plus interest accruing at $0.50 per day from September 30, 2004, collection and attorneys' fees in the amount of $750.00 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 September 30, 2004, the total amount bywhich Defendant has become enriched is $5,102.29, plus interest in the amount of $0.50 per day from September 30, 2004. WHEREFORE, Plaintiff demands judgment against Defendant in the amount of $5,102.29, plus interest in the amount of $0.50 per day from September 30, 2004, collection and attorneys' fees in the amount of $750.00 and costs of suit. MARTSON D - RFF WILLIAMS & OTTO B ~ Y David R. Galloway I.D. Number 87326 Ten East High Street Carlisle, PA 17013-3093 (717) 243-3341 Date: ~~ ~~ l~'~ Attorneys for Plaintiff utt.Rin~un LULLt~t Carlisle, PA 17013 Tel: 717-245-1383 PROMISSORY NOTE - PERKINS LOAN PROGRAM [Any bracketed clause or.Paragraph maybe included at option of institution.) 1, Aaron J. 1 owne promise to pay to Dickinson Cnl l age (hereinafter called the lending Institution) located at CaM1 i S 1 P, PPnn5y1 YBnI a the sum of the amounts that are advanced to me and er dossed in the Schedule of Advances sat forth below. I promise to pay all attorney's fees and other reasonable collection costs and charges necessary to collection of any amount not paid when due. I further understanb and agree that: I. GENERAL (f) pcplicabla Law All sums advanced under this note are drawn from a fund created under Part E of Title IV of the Higher Education Act of 1965, as amended, hereinafter called the Act, and are subject to the Act and the Federal Regulations issued under the Act. The terms of this note shall be interprete accordance with the Act and Federal Regulations, copies of which are to be kept by the Lending Institution. (2) Procedures tot Receiving Deferment or Cancellation I understand that in order to receive a deferment or cancellation, I must request the deferment or r cellation in writing from the Lending lnstitution, and must submit to the Landing Institution any documentation required by the Lending Institution to prove I qualify for the deferment or cancellation. I further understand that iE I am eligible for determent or cancellation under Articles VI through XI, I am responsib for submitting the appropriate requests on time. I further understand that I may lose my determent and cancellation benefits if I sail to file my request on tir 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 unpai 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 at least ahalf-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 tit(s), or e tended under paragraphs III(4), III(7) (extensions), or VI(t) (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 Institution may round that payment to the next highest dollar amount that is a multiple of $5. (B) Notwithstanding paragraph III(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 III(1), if i quality as glow-income individual during the repayment period, the lending Institution, upon my written request, m: 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 III(7), 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 prig cipal and interest), (5{ (B) If I have received Perkins Lcans from other institutions and the total monthly repayment rate on those loans is less than $30, the $30 monthly payment established under subparagraph Ill(5)(A) includes the amounts {owe on a{I my outstanding Parkins Loans including those received fcom other Institutions. Tf amount of this $30 monthly payment that will be applied to this roan will be the diflerence between $30 and the total of the amounts owed at a monthly rate o my other Perkins Loans. (6) The Lending Institution may permit me to pay lass 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 III(1).] (7) The Lending Institution may, upon my written request, reduce any scheduled repayments or extend the repayment period indicated in paragraph III(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 (t) I may, at my option and without penalty, prepay alt 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 then 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 tc ba 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 tfie Lending lnstitution, and (B) I do not submit to the Landing Institution on or before the date on which payment is due, documentation that I qualify for a determent or cancellation described in Articles Vl, 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 information, to credit bureau organizations. (3) 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 other relevant information, to credit bureau organizations. (4) I understand that after the Lending Institution accelerates the loan under paragraph V{t), 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(1), 1 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) 1 understand that failure to pay this obligation under the terms agreed upon will prevent my obtaining additional student financial aid authorized under Titles 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 (1} t understand that uQon making a proQarly documented written request to the lending Institution, 1 may deter making scheduled installment payments, and will not be !table for any interest that might otherwise accrue, during the following periods: (A) While I am enrolled and in attendance as at least shall-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 of the United States (Army, Navy, Air Force, Marine Carps, or Coast Guard) or the National Oceanic and Atmospheric Administration Corps, or as an officer on full-time active duty in the r;,ommissioned 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 atax-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 eualified physician. or unable to secure emnlny[nent because I am p.-cviding care requiretl oy 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 1 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 taciliry that otters postgraduate training; (D) For a period not in excess of one (1) year during which, if I am a mother of preschool age children, 1 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 (east ahalf-time student at an eligible ;nstitution; 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 tam neither attending an eligible institution of higher education nor gainfully employed; and (f7 During a six (6) month period immediately following the expiration of any deferment provided in paragraphs VI(1)(A) through VI(1)(E) (2) Tfie Lending Institution may, upon my written request, defer my scheduled repayments it it determines that the deferment is necessary to avoid a financial hardship for me. Interest, however, will continue to accrue. VII. CANCELLATION FOR TEACHING (t) 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 - 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 focal educational agency which is eligible in such year o1 service for funds under Chapter I of the Education Consolidation and Improvement Act of t 981, as amended, and which has been designated by the Secretary (after consultation with each State Department o} Education) in accordance with the provisions of section 465(a}(2} of the Act as a school with a high concentration of students from low-income families. An official Directory of designated low-income schools is published annually by the Secretary. (B) As a full-time 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 otherwise 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 ba 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 rears 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, tnd (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, 1 am entitled to have up to 100 percent of the amount of his loan plus the interest thereon cancelled if 1 perform service as a full-time stall 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 (f3) My salary is not more than the salary of a comparable employee of the lacat educational agency. 2) This loan will be cancelled at the rata 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 t) t 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 of this loan plus the interest thereon cancelled it 1 serve as a member of the Aimed Forces of the United States in an area of hostilities that qualifies for pecial pay under section 310 of Title 37 of the United States Cede, 2) This loan will be cancelled at the rata of 12 1/2 percent of the total principal amount plus interest on the unpaid balance for each complete year of such ser• ice. X. PEACE CORPS CANCELLATION t) I understand that upon making a properly documented written request to the lending institution, I em entitled to have up to 70 percent of the amount of tis 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 at 1973. ?} 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 f volunteer service completed; (B) 20 percent of the total principal amount o} the loan plus interest on the unpaid balance will be cancelled for the third and fourth twelve-month eriod of volunteer service completed. Xi. DEATH AND DISABILITY CANCELLATION In the event of my death, the total amount owed on this loan will be cancelled. !) If I become total{y and permanently disabled after I receivethis loan, the Lending Institution wilt cancel the total amount of this loan. XII. CHANGE IN NAME, ADDRESS, TELEPHONE NUMBER AND SOCIAL SECURITY NUMBER im responsible, end any endorser Is responsible, for informing the Lending Institution of any change or changes in name, address, telephone number or so- at security number. j, XIII. LATE CHARGE The Lending Institution may impose a late charge if - (A} I do not make a scheduled payment whon It is due, and (B) 1 do not submit to the Lending Institution an or before the date on which payment is due, documentation that 1 qualify for a deferment or cancellation ascribed in Articles VI, VII, VIII, OC, X, and XI of this agreement. No charge may exceed twenty (20) percent of my monthly, bimonthly or quarterly payment. } (A) Tha Lending Nstitution 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 dale of the next stallment. XIV. ASSIGNMENT ) This note may be assigned by the Lending Institution only to - (A) The United States; (8) Another institution upon my transfer to that institution if that institution is participating in this program; or (C) Mother 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 ereby certify that I have listed below all of the Perkins Loans I have obtained at other Institutions. (H na prior loans have been received, stata'None.") SCHEDULE OF PERKiNS LOANS AT OTHER INSTITUTIONS AMOUN7 DATE INSTITUTION XVI. SCHEDULE OF ADVANCES e fallowing amounts were advanced to me under this loan agreement on the dates indicated; AMOUNT DATE ~ ~ r _SfGNATURE OF BORROWER S75o.o0 8/28/90 r (,~,~.rc 4 !~ T'cl~,,.},~, $750.00 1122/91 (.~-t~,c'~'J ~~ j~:~t(Tr~(i' ;~ )TICE TO 80RROWER: DO NOT SIGN THIS NOTE BEFORE YOU READ IT. THE LENDING INSTITUTION MUST SUPPLY A COPY OF THIS NOTE ~ YOU ANO ANY COS)GNER. (This note is sign~d as a sealed instrument.] .) mature C.(-~t.li~-71 /~ ~ L~-L4'14~~ /_ [(seaq]Date ((,t,~,~,~1~ i~~ t9 ~ '~. •manant Address (Street or Box Number, ity, State, and Zp Gode) - 'y~ (,(~' t-u / rc-n ~~ t (/Linf~.4=~ ~~ / ~F I`.%'; 1 ~ ~' I~+ . cial Security Number (borrower must provide) r ~ ~; E '~ r ~ j',Z' a borrower and Lending Institution shall execute this note without security and without endorsement unless the borrower is a minor and this note would not, tar 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, legally binding, the Lending Institution shall require a cosigner to this note: Iree to repay all amounts due on this loan if the borrower fails to do so in accordance with the terms of the note. nature Of Cosigner ((seagJ Date t9_ manant Address (Street or Box Number, Gty, State, Zip Code) U.S.C. 1087dd} Format 6y the National Association o1 Student Financial Aid Administrators, 5188. DICKINSON COLLEGE Carlisle, PA 17013 Tel: 717-245-1383 PROMISSORY NOTE - PERKINS L0.9N PROGRAt~ [Any bracketed clause or paragraph may be inclutlep ~• option of institution ( I, Aaron J. Towne ptomisetopayto Dickinson College (hereinafter called the tending Institution) located at (.dr 1 1 S 1 P r PP11n5ylYan 1 8 the sum of the amounts that are advanced to me and e dorsed in the Schedule of Advances set forth below. I promise to pay all attorney's fees and ether reasonable Collection costs and charges necessary fr collection of any amount not paid when due. I further understand and agree that: I. GENERAL (t) f}pplicable 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 amendetl, hereinaher called the Act, and are subject to the Act and the Federal Regulations issued under the Act. The terms of this note shall be interpretE accordance with the Act and Federal Regulations, copies of which are to be kept by the tending institution. (2) Procedures for Receiving Oefermen(pr Cancellation I understand that in order to receive a deferment or cancellation, I must request the determent or cellation in writing from the Lending Institution, and must submit to the Lending Institution any documentation required by the Lending Institution to prove 1 qualify for the deferment or cancellation. I further understand that if f am eligible for deferment or cancellaton under Articles VI through XI, I am responsd for submitting the appropriate requests on Lme. I further understand that I may lose my deferment and cancellation benefits if I fail to file my request on hi II. INTEREST Interest shall accrue from the beginning of the repayment period and shall be at the ANNUAL PERCENTAGE RATE OF FIVE PERCENT 15 %o) on the unpa balance, except that no interest shall accrue during any deferment period described in paragraph VI(I). 111. REPAYMENT (7) f 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 at least ahalf-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 70 years later, unless that period is shortenetl under paragraph III(5), or r tended under paragraphs llt(4), III(7) (extensions), or VI(I) {determents). (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 antl interest over the course of the repayment period in equal monthly, bimonthly or quarterly installments, as deter- mined by the Lending Institutton. 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 Institution may round that payment to the next highest dollar amount that is a multiple of $5. (B) Notwithstanding paragraph Ill{3)(A), upon my written request, repayment may be made in graduated installments in accordance with a schedule approved by the Secretary (CI The Lending Institution shall attach the schedule of repayments and the schedule will became part of the note. (a) Notwithstanding paragraph III(1), if f qualify as a low-income individual during the repayment period, the Lending Institution, upon my written request, m: extend the repayment period for up to an additional 10 years, and may adjust any repayment schedule to reflect my income. ((b)(A) If the monthly rate that woultl be established under paragraph III(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 prii cipal and interest). (SJ (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 fll(5){A) includes the amounts I owe on elf my outstanding Perkins Loans including those received from other Institutions. 7t. 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 o my other Perkins Loans. (b) The Lending Institution may permit me to pay less than the rate of $30 per month for a period of not more than ono year where necessary to avoid hardship to me unless that action would extend the repayment period in paragraph III(1).] (7) The Lending Institution may, upon my written request, reduce any scheduled repayments or extend the repayment period indicated in paragraph 111(1), ii, 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 (7) I may, at my option and without penalty, prepay all or any part of the principal, plus the accrued interest thereon, at any time. (21 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 he used to prepay principal unless I designate d as an advance payment of the next regular installment V. DEFAULT (1) The Landing Institution may, at its option, declare my loan to be in default and may demand immediate payment of the entire unpaid balance of the loan, including principal, interest, late charges and collection costs if- (A) I do not make a scheduled payment when due under the repayment schedule established by the Lending Institution, and {t3) Ida 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 de<_cnbed in Articles VI, VII, VIII, IX, X, or XI of this agreement. 121 1 understand that .f I default on my loan, the Lending Institution may disclose that I have defaulted, along wdh other relevant iniormaUOn to credd bureau organrzations r31 Further !understand that if 1 default 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 i4i I understand that after the Lending InsutuLOn accelerates the loan under paragraph Vj1), I wdl then Lose my right to defer repayments due ;tier the date the Lending Institution accelerates the loan (5) I understand that after the Lending Institution accelerates the loan under paragraph V(1), 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, performatl after the date the Landing Institution accelerated the loan (6) I understand that failure tp pay this obligation untler the terms agreed upon will prevent my obtaining additional student financial aid authorized under Title IV of the Higher Education Rot of 7965, as amended, until 1 have made arrangements which are satisfactory to the Lending Institutron or the Secretary regarding the repayment of the loan. VI. DEFERMENT (7) I understand that upon making a properly documented written request to the lending Institution, 1 may defer making scheduled installment payments, and will not be liable for any interest that might otherwise accrue, during the following periotls: (A) Wttile I am enrolled and in attendance as at least shall-time student at an institullon of higher education or at a comparable institution outside the United States approved far this purpose by the Secretary; fB) For a period of three (3) years during which I am -- li) On full-time active duty as a member of the Armed Forces of the United States (Army, Navy, Av Force, Marine Corps, or Coast Guard) or the National Oceanic and Atmospheric Administration Corps, or as an officer on full-Line active duty in the Commissioned Corps of the United States Public Health Ssrvice, (u1 In service as a volunteer under the Peace Corps Act, Ou) A volunteer under the DomesLC Volunteer Sernce Act of 1973 IACTION programs), bv) A full-time volunteer in atax-exempt organrzation performing service comparable to the service performed in the Peace Corps or under the Domeshe'Jolunteer Service Act ai to77, a; (v) Temporarily totally disabled as established by an afUdavrt of 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 recewe a baccalaureate or professional degree during which Line I am serwng in an internship which is required in order that I may receive professional recognition raquued to begin my pro(essonal practice or service, or (n) serving in an internship or residency program leading to a degree or certilicate awarded by an insLtution of higher educaLon, a hospital or a health care facdtty that otters postgraduate training; {D) For a period not in excess o(one { 7) year during which, rf I am a mother of preschool age children, 1 have entered or reentered the work force, and am being paid at a rate which does not exceed $7.00 above the minimum hourly wage established by section 6 of the Fair Labor Standards Act of 7938; IE) Far a period not in excess of six months -- (i) That follows by six months or less of a pertod during which I was enrolled as at least ahalf-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 1 am neither attending an eligible msLtution of higher educaLOn nor gainfully employed, and (F) During a six (6) month period immediately following the expuauon of any deferment provided m paragraphs VI(I){A) through VI(1)(E). (2) The Lending Institution may, upon my written request, defer my scheduled repayments if rt determines that the determent is necessary to avoid a financial hardship {or me Interest, however, will continue to accrue. VII. CANCELLATION FOR TEACWNG it) 1 understand that upon making a properly documented written request to Me Lending Irotduhon, I am entitled to have up to 700 percent of the amount of this loan plus the interest thereon cancelled d 1 perform serwce -- 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(x)(2) of the Act as a schc rl wnn a high concentration of students from Iew-income families, An official Directory of designated low-income schools is published annually by the Secretary. (13) AS a full-lime 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, havo specific learning disabilities, or otherwise 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, (8) 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 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 Iocaiity, and j8) My salary is not more than the salary of a comparable employee of the focal educational agency. (2) This loan will be cancelled at the rata of 75 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 Stan Act. IX. MILITARY CANCELLATION (1) I understand that upon making a properly documented written request to the Lending Institution, 1 am entitled to have up to 50 percent of the principal amount of this loan plus the interest thereon cancelled if 1 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 Titre 3T 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 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 (8) As a volunteer under the Domestic Volunteer Service Act of 7973. (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 wilt be cancelled for the first and second twelve-month period of volunteer service completed; (8) 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 (I) In the event of my death, the total amount owed on this loan will be cancelled. <^) H I become totally and permanently disabled after f 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 am responsible, and any endorser is responsible, for informing the Lending Institution of any change or changes in name, address, telephone number or so- ;ial security number. XIII. LATE CHARGE ;7) The Lending Institution may impose a late charge if -- {A) 1 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 that I qualify for a determent or cancellation iescribed 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- () 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. (8) If the lending Institution elects to add the assessed charge to the outstanding principal of the loan, it must so inform ma before the due date of the next 'lsiallment. XIV. ASSIGNMENT 7) This note may be assigned by the Lending Institution only to -- (A) The United States; (8) Another institution upon my transfer to that institution ii that institution is participating in this program; or (C) Another institution approved by the Secretary. 2) The provisions of this note that relate to the Lending Institution shall, where appropriate, relate to an assignee. XV. PRIOR LOANS 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 XVI. SCHEDULE OF ADVANCES ~e following amounts were advanced to me under this loan agreement on the dates indicated: AMOUNT DATE S NATURE OF BORROWER $750 9 f 3/91 ~t a ~ ~-rz~'> ~(_ $750 l j28/92 (~,~L-n. r «^,~[-~i l4' NICE TO 80RROWER: I]O NOT SIGN TH15 NOTE BEFORE YOU READ tT. THE LENDING INSTITUTION MUST SUPPLY A COPY OF THIS NOTE ] YOU AND ~~IY COSIGN This Hate is signed as a sealed instrument.} r -, gnature '[ 1"J)'1 )~~ ((seal)} Date ~ 7~ rt--~-<.'/~ C ~ 79 ~~' umanent Address (Street or f3ox Number, City, State, and Zp Gode) .-- j ~ I'UL1. J ~ ~ ~~ ~ . ~cial Security Number (borrower must provide) 1 ~ r• e ~ ~ ~; >j i c' e borrower and lending Institution shall execute this note without security and without endorsement unless the borrower is a minor and this note would not, der the law of the State in which the Lending Institution is located, create a binding obligation. tf the borrower is a minor and this note would not therefore, legally binding, the Lending Institution shall require a cosigner to this note: gree to repay elf amounts due on this loan if the borrower tails to do so in accordance with the terms of the note. ;nature Of Cosigner [(seal)) Date t9_ rmanent Address (Street or Box Number, City, State, Zip Code) 7 U.S.C. t087dd) format by the National Association of Student Financial Aid Administrators, 5/88. Promissory Note -Perkins Loan t, Aaron J. Towne ,promise to pay to DlckinSOn COlle;~e (hereinafter called the Institution), located at Car 1 j s 1 e, PA ~ 7O ~ 3 ,the sum o- the amounts that are advanced to me and endorsed in [he Schedule of Advances set forth below. [promise to pay all reasonable collection costs, including attorney lees and other chazges, necessary (or the collection of any amount not paid when due. 1 Further understand and agree that: I. General (1} Applicable Law. All sums advanced under this note arc drawn kom a fund seated under Part E of Title IV of the Higher Education Act rat 1465, as amended (hereinafter called the Act), and are subject to the Act and the Federal Regulations issued under the Ad. The terms of this note shall lx interpreted in accordance with the Act and Fakral Regulations, copies of which are to be kept by the Instilulion. (2) Procedures For Receivin); Deferment or CanceUalion. I understand that to receive a deferment or cancellation, I must request the deferment or cancellation in writing from the Institution, and must submit to the Institution any documentation required by the Institution to prove That 1 qualify for the deferment or cancellation. 1 further understand that if i am eligible for deferment or cancellation under Articles VI through XII, I am responsible for submitting the appropriate requests on limo. I further understand that I may lase my determent and cancellation benefits i([ (ail to fde my request on time. ll. Interest Interest shall accrue from the beginning of the repayment period and shall be at the ANNUAL PERCENTAGE RATE OF FIVE 1'ERCf•,NT (S%) on the unpaid balance, except that no interest sha!! xcrue during any deferment period described in paragraph V!{1). IQ. Repayment (1) I promise to repay the principal and the interest that accrues on it to the Instilulion over a period beginning nine (4} months after the date f cease to ix at least a half-time regular student at an institution of higher education, or at a comparable institution outside the United States approved (or this purpose by the United States Secretary of Education (hereinafter called the Secretary), and ending ten (10) years later, unless that period is (shortened under paragraph III(S), or) extended under paragraphs IR{4), III(7) (extensions), or VI(]) (deferments). (2) Upon my written request, the repayment period may start on a date earlier than the one indicated in paragraph ^I(1). (3xA) I promise to repay the principal and interest over the course of the repayment period in equal monthly, bimonthly, or quarterly installments, as determined by the Institution. I understand that if my installment payment for all the loans made to me by the lnstitution is not a multiple of SS, the Institution may round That payment to the nest highest dollar amount that is a multiple of SS. (B) Notwithstanding paragraph I11(7)(A), upon my written request, repayment may be made in graduated installments in accor<lvrce wrth a schedule approved by the Secretary. (4) Notwithstanding paragraph til(l), if 1 qualify as a low-income individual during the repayment period, the Institution, upon my written request, may extend the repayment period for up ttr an additional ten (10) years and may adjust any repayment schedule to reflect my income. ((S)(A) If the monthly rate that would be established under paragraph IR(1). or the total monthly repayment rate of prnc?pa! and ir.tcrest ~m ~!! my Perkins Loans, including this loan, is less than S30 per month, I shall repay the principal and interest on this loan at the rate of 530 per rrt.mlh (which includes both principal and interest). (Sx6) If i have received Perkins Loans Crom other institutions and the total monthly repayment rate on those loans is less than S;iO, the 5}n monthly payment established under subparagraph Ill(SxA) includes the amounts I owe on aN my outstanding Perkins Loans, including those reserved from other institutions. The portion of the 530 monthly payment that will be applied to this loan will be the difference between S30 and the total of the amounts owed at a monthly rate on my other Perkins Loans. (6) The Instilulion may permit me to pay tens than the rate of 530 per month for a period of not more Than one (1) year where necessary to avoid hardship to me unless that action would extend the repayment period N paragraph III(1)J (7) The Instilulion may, upon my written request, reduce any scheduled repayments or extend the repayment period indicated in paragraph Ill(I), if, in its opinion, circumstances such as prolonged illness or unemployment prevent me from making the scheduled payments. However, interest chill continue to xcrue. 1V. Prepayment (t) I may, at my option and without penalty, prepay all or any part of the nrincinal. plus any arcrxd :n!erest :h::~oa, at W,y .irrle. (2) Amounts f repay in the academic year in which the loan was made and the initial grace period has not ended will be used to redrKC the amount of the loan and will not be considered a prepayment. (3) If 1 repay amounts during the academic year in which the loan was made and the initial grace period ended, only those amounts to c~cecc n( the amount due for any repayment period shall he considered a prepayment. (4) If, in an academic year other than the award year in which the loan was made, l repay rrmre than the amount due for an installment, the excess will be used to repay principal unless I designate it az an advance payment of the next regular installment. V. Default (I) The Institution may, at its option, declare my Loan Io 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 - - tA) I do not make a scheduled payment when due under the repayment scheduh established t+y the Institution, and (B) 1 do not submit Io the Instilulion, nn or before the date on which payment is due, documentaton that) qualify for a determent or cancellation described in Articles Vl, Vll. Vlll, iX, X, XI, or Xfl of this agreement. (2) [understand that it t default nn my loan, the Institution may disclose that 1 have de(auhed, along with other relevant informations, to ~~cdrt bureau organizations (?) Further, 1 understand that if I dclault on my loan and the loan is assigner) to the Secretary for collection, the Secretary may disclose th:u have ek(aulted, nlrnrg with other relevant information. to credit bureau organizations. (4) I undcrstaml Shat if 1 default on my bran, {Then will lose my fight to defer repayments. l of d Pcrkms Lean Exhibit "C" (S) 1 understand that if tfie institution xcclerates the Man under paragraph V(i), 1 then wilt lose my right to receive a cancellation of a pmtiun of my loan for any teaching, Head Start, military, volunteer, law enfixcnnent, sx conections service described m Articles VH, V111, 1X, X, and Xf performed after the date the Institution accelerated the krart. (ti) l understand that failure to pay this obligation unsier the terms agreed upon will prevrnt my obtaining additional student financial aid authorized under Title IV of the Higher Education Act of 1965, as amended, until 1 have made arrangements that are satisfactory to the Institution or the Secretary regarding the repayment of the Loan. V1. Defennrnt (1) (understand that upon making a properly documented written request to the fnslitution, I may defer making scheduled installment payments, and will nM Fre liable for any interest that might otherwise accrue, during the fallowing periods: (A) While 1 am enrolled and in attendance ac at ]east ahalf-lime regular student at an institution of higher education or at a comparable institution outside the United States approved For this purpose by [he Secretary. (B) Fnr any period not to exceed three (3} years during which I am - (i) Ort full-lime active duty as a member of the Anned Forces of the United Slates (Army, Navy, Au Force, Marine Corps, or Coast Cuard) ur the National Oceanic and Atmospheric Administration Corps, or as an officer on full-time active duty in the Commissioned Corps of the United Stales 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 full-time volunteer in atax-exempt organization performing service comparable to the service performed in the Peace Corps or under the Domestic Volunteer Service Act of 1473 (ACTION programs), or (v) Temporarily totally disabled as established by an affidavit of a qualified physician, or unable to secure empl+ryment because I am providing care required by my dependent who is so disabled. (C) for a patio) not in excess of two (2) yeais - (i) After 1 receive a baccalaureate or professional degree during which time I am serving in an internship that is required in order that [may receive professional recognition requred 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 heal/h-+:are facility that of(tts postgraduate training. (D) Fnr a period not in excess of one (I) year during which, if [ am a mother of preschool age children, [have entered or reentered the work force, and am being paid at a rate that does not exceed SI more than the minimum hourly wage established by section b of the Fair labor Standards Act of 1938. (E) Fur a period not in excess of six (ti) months - (i) That follows by six (6) months or less a period during which I was enrolled as at kart ahalf-time regular student at an eligible institution; and (ii) During which I am pregnant, caring for my newborn baby, or caring for a child immaliately after he or she was placed with me through adoption and 1 am neither attending an eligible institution of higher education trot gainfully empbyed. (F) During a six (t5) month period immediately following tfie expiration of any deferment provided in paragraphs VI(1)(A) through Vl(1)(E). (2) Tfie Institution may, upon my written request. defer my scheduled repayments if i1 daamines tfiat the deferment is necessary to avoid a financial hardship for me. Interest, however, will continue to accrue. VII. Cancellation for Teaching (1) 1 understand that upon making a properly documented written request to the Institution, I am entitled to have up to 100 percent of the amount of this loan plus the interest thereon canceled if (perform service - (A) As a ful4gtne teaches in a public or other nonprofit elementary or secondary school in the school district of a local educational agency tfiat is eligible in such yeaz of service for funds under Chapter t of the Education Consolidation and Improvement Act of I4RI, as amended, and which has been designate) by the Secretary (after consultation with each State Department of Education) in accordance with the provisions of section 465(x)(2) of the Act as a school with a high concentration of students from low-income families. An official Directory of designated low-income schools is published annually by [he Secretary. (B) As a Full-rims teacher of handicapped children (including thosr. who are mentally retarded, hard-of-hearing, deaf, speech- and language- impaired, visually handicapped, seriously emotionally disturbed, orthopedically impaired, have specific Teaming disabilities, or are otherwise health- impaired chi Wren, who by reason thereof require special education and related services); in a public or other nonproRt elementary or secondary school system. (2) A portion of this loan will be cartceled (nr each completed year of teaching service at the folbwing tales: (A) l5 percent of the total principal amount of the loan plus interest on the unpaid balance accruing during that year wit! he canceled (or each of the first and seconJ complete academic years o/ that teaching service, (B) 2t) percent of the total principal amount plus interest on the unpaid balance accruing during that year for each of the third and fourth complete academic years of that teaching service, and (C) 30 percent of tfie total principal amount plus interest on the unpaid balance accruing doting that year for the filth complete academic year n( that teaching aervice. VIII. Head Start Cancellation (1) 1 understand That upon making a properly documented written request to the lnstilution, 1 am entitled to have up to 1OD percent of the amount of this loan plus the interest thereon canceled if I perform service as a full-time staff member in a Head Stari program if - (A) That Head Start program is operated for a period that is comparable to a full school year m 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 F+e canceled at the rate of 15 percent of the total principal amount plus interest nn the unpaid balance accruing During that year for each complete school year or equivalent period of service in a Head Start program. (3) Head Start is a preschool program carved out under the Head Start Act. 2 nI 4 Pcrkms Luan lX. Military Cancellation (l) 1 understand that uprm making a properly documented written request to the Institution, I am entitled Iv have up to 50 percent of the principal amount of this loan plus the interest therevn canceled if I serve as a member of the Anned Forces of the Unite) States in an mca of hostilities that qualifies for special pay under section 310 of Title 37 of the United States Code. {2) This loan will he canceled at the rate of 12 I!2 percent of the Total principal amount plus interest on the unpaid balance accruing durine that year for each complete year of such service, X. Volunteer Service Cancellatiom (i) (understand that upon making a properly doarmeNed written request to the Institution, f am entitle) to hove up to 70 percent of the amount of This loan plus the iNerest thereon canceled if I perform service - (A) As an volunteer under the Peace Corps Act-, or (R) As a volunteer under the Domestic Vvlunteer Service Act of 19"73 (ACTION programs). (2) This loan will he canceled at the follvwing rales~ (A) IS percent of the total principal amount of the loan plus interest on the unpaid fialance accruing during that year will l+e canceled for e:+ch of the first and second twelve (12) month periods of volunteer service complete); (R) 20 percent of the total principal amount of the loan plus interest nn the unpaid balance accreting during that year will be canceled fur each of the third and Courth twelve (12) month periods of volunteer service rnmpleted. XL Law Enforcement or Corrections Officer Cancellation {I) 1 understand that upon making a pmpcrly documented written request to the Institution. I am entitled to have up to (00 percent of the amount of this ban plus the interest thereon canceled i(1 perform quaGCying service after the period for which f received the ban - (A) As a lull-time law enforcement officer for an eligible local, Slate, or Federal law enforcement agency; nr (B) Asa lull ;ime cortections officer for an eligible heal, State, o: Federal conec!ions agency, (2) A portion of this loan will be canceled for each completed year of law enfvrcemenl or corrections service at the following rates (A) 15 percent of the total principal amount of the loan plus interest on the unpaiJ balance accruing during that year for each of the lint anJ seconJ complete years of that service, (B) 20 percent of the Iota{ principal amount plus interest on the unpaid balance accruing during that year for each of the third anJ fourth complete years of that sen•ice, and (C) 30 percent of the total principal amount plus interest on the unpaid balance accruing during the year (or the filth complete year of th:+t service. XII. Death and Disability Cancellation (I) In the even) of my death, the total amount owe) nn this loan will be canceled. (2) If I become permanently and totally disable) after 1 receive this loan, the Institutive will cancel the total amount of this loan. XII[. Change in Name, Address, Telephone Number, or Social Security Number ( am responstble, and any endorser is responsible, for informing the Institution n( any change or changes in name, aJdress, Ieleplx.ne numt+cr, nr Social Security number. XIY. Late Charge (I) The Institution will impose a late charge if - (A) 1 do not make a scheduled payment when it is due, and (B) I do not sufimit to the Institution. on or before the date on which payment is dtte, documentation [fiat I qualify for a dekrment nr canccllanon described in Articles VI, VU, VIII, IX. X. XI. and XII of this agreement. (2) No charge may exceed 20 percent of my monthly, bimonthly, or quarterly payment. (3)(A) The Institution may - (i) Add the late charge to the principal the Jay after the scheduled repayment waz due; or (ii) Include it with the next scheduled repayment after I have received notice of the late charge. (B) If the Institution elects to adJ the late charge [v the nutctanding principal of the loan, it must so inform me before the due date ++f the nest installment. XV. Assignment (I) This note may be assigned by the Institution only to - (A) The United States; {B) Another institution upon my transfer to that institution if that institution is participating in this program; nr (C) Another institution approved by the Secretary. (2) The provisions of this note that relate to the Institution shall. where appropriate, relate to an assignee. XV{, Prins Loans I hereby cerii(y that i have listed hebw all of the Perkins Loans 1 have obtained at other institutions. ((( no prior mans have bcrn rcrctveJ, a:dr "None.") PERKINS LOANS AT OTHER INSTITUTIONS Amvunt Saate Institution XVII. Schedule of AJvances The foliowing amounts were aJvanceJ in me under this loan agreement nn the dales indicated: Amount Date Sign, ore of Borrower $500.00 9/1 j92 ,j` Ct,c.~i't ; ~-~Lri'lk',_ 2 $500.00 1/26/93 `~~.~,~ j e~~~..Q j r 4 ,, N09'1CE TU BORROWER: DO NOT SIGN TNIS NOTE BEFORE YOU READ fT. 1 UNDERSTAND AND AGREE TO ALL OF THE FOREGOING TERMS AND CONDITIONS. This note is signed as, sealed instrument.[ ~/ ~ Signature f~ ~ ~~'L ~ `1 (( r'{'(` 1.~ [(seal)[ r 7 ~ U:uc ~( Lct ~ 3 19 ~~ - l f ennanent Address (Street or Box Number, Cily, State, and Zip Cude) Social Security Number (borrower must provide) 1 --~ !' The Ix,rrower and Institution shall execute this note without security and without endorsement unless the borrower is a minor and this note would not, under the law oC the State in which the institution is located, create a binding obligation. If the borrower is a minor and this note wouid not therefore be legally binding, the Institution shall require a cosigner to This note. 1 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 wsigner [(seal)[ Date . 19 Permanent Address (Street or Box Number, City, State, and Zip Code) Social Security Number (cosigner must provide) The Institution shall provide a copy of this note to you and any cosigner and you should retain the copy for your records. (Authority: ZO U.S.C.1087Jd) 4 of 4 Perkins Lnan -09 Promissory Dote-Federat Perkins Loan Program [Any bracketed clause or pazagraph may be included at option of institution.] I, Aaron To TIP ,promise to pay to Di eki nson Col 1 eqe (hereinafter called the Institution), located at Gar) i s 1 e, PA 17013-2896 ,the sum of the amounts that are advanced to me and endorsed in the Schedule of Advances set forth below. I promise to pay all reasonable collection costs, including attorney fees and other charges, necessary for the collection of any amount not paid when due. I further understand and agree that: I. General (1) Applicable Law. A!I sums advanced under this note are drawn from a fund created under Part E of Title 1V 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 ace to be kept by the Institution. (2) Procedures for Receivin¢ Deferment, Cancellation, or Forbearance. I understand that, to receive a deferment, cancellation, or forbearance, I must request the deferment, cancellation, or forbearance in writing from the Institution and must submit to the Institution any documentation required by the Institution to prove that I qualify for the deferment, cancellation, or forbearance. I further understand that, if I am eligible for deferment, cancellation, or forbeazance under Articles VI through XIV, I am responsible for submitting the appropriate requests on time. I further understand that I may lose my deferment, cancellation, and forbearance benefits if I fail to file my request on time. II. Interest Interest shall accrue from the beginning of the repayment period and shall be at the ANNUAL PERCENTAGE RATE OF FIVE PERCENT (5%) on the unpaid balance, except that no interest shall accrue during any deferment period described in Article VII. III. Repayment (I) I promise to repay the principal and the interest that accrues on it to the Institution over a period beginning nine (9) months after the date I cease to be at feast ahalf-time regular student at an institution of higher education, or at a comparable institution outside the United States approved for this purpose by the United States Secretary of Education (hereinafter called the Secretary), and ending tea (10) years later, unless that period is (shortened under paragraph III(5), or] extended under paragraphs III(4), III(n (extensions), VII(I), or VII(3) (deferments). (2) Upon my written request, the repayment period may start on a date earlier than the one indicated in paragraph III(1). (3}(A) I promise to repay the principal and interest over the course of the repayment period in equal monthly, bimonthly, or quarterly installments, as determined by the Institution. I understand that, if my installment payment for all the loans made to me by the Institution is not a multiple of $5, the Institution may round that payment to the next highest dollar amount that is a multiple of S5. (B) Notwithstanding paragraph III(3)(A}, upon my written request, repayment may be made in graduated installments in accordance with a schedule approved by the Secretary. (4) Notwithstanding paragraph III(1), if I qualify as aloes-income individual during the repayment period, the Institution, upon my written request, may extend the repayment period for up to an additional ten (10) years and may adjust any repayment schedule to reflect my income. [(5)(A) If the monthly rate that would be established under paragraph III(1), or the total monthly repayment rate of principal and interest on all my Federal Perkins Loans, including this loan, is less than $t}Q ~ QQ per month, I shall repay the principa[ and interest on this loan at the rate of $40 ~ QQ per month (which includes both principal and interest). (5)(B) If I have received Federal Perkins Loans from other institutions and the total monthly repayment rate on those loans is less than $QQ ~ QQ the $40 ~ QQ monthly payment established under subparagraph III(5)(A) includes the amounts I owe on all my outstanding Federal Perkins Loans, including those received from other institutions. The portion of the $4Q ~ QQ monthly payment that will be applied to this loan will be the difference between $¢Q ~ QQ and the total of the amounts owed at a monthly rate on my other Federal Perkins Loans. (6) The Institution may permit me to pay less than the rate of $4Q. QQ per month for a period of not more than one (1) year where necessary to avoid hardship to me unless that action would extend the repayment period in pazagraph III(1).] (7} The Institution may, upon my written request, reduce any scheduled repayments or extend the repayment period indicated in paragraph III{1), iF, in its opinion, circumstances such as prolonged illness or unemployment prevent me from making the scheduled repayments. However, interest shall continue to accrue. IV. Prepayment (1) I may, at my option and without penalty, prepay a!! or any part of the principal, plus any accrued interest thereon, at any time. (2) Amounts I repay in the academic year in which the loan was made and the initial grace period has not ended will be used to reduce the amount of the loan and will not be considered a prepayment. (3) If I repay amounts during the academic year in which the loan was made and the initial grace period ended, only those amounts in excess of the amount due for any repayment period shall be considered a prepayment. (4) If, in an academic yeaz other than the award year in which the loan was made, I repay more than the amount due for an installment, the excess will be used to repay principal unless I designate it as an advance payment of the next regular installment. V. Default (1) The Institution may, at its option, declare my loan to be in default and may demand immediate payment of the entire unpaid balance of the loan, including principal, interest, late charges, and collection costs, if-- (A) I do not make a scheduled payment when due under the repayment schedule established by the Institution; and (B) I do not submit to the Institution, on or before the date on which payment is due, documentation that I qualify for a deferment, cancellation, or forbearance as described in Articles VI, VII, VIII, D{, X, XI, XII, XIII, or XIV of this agreement. (2} I understand that the Institution may disclose to credit bureau organizations the amount of loans made to me, a}ong with other relevant Page 1 of 4 Federal PerkinslJuly 1943 Exhibit "D" (3} I understand that, if I default on my loan, the Institution may disclose that I have defaulted, along with other relevant information, to credit bureau organizations. (4) Further, I understand that, if I default on my loan and the }oan is assigned to the Secretary for collection, the Secretary may disclose that I have defaulted, along with other relevant information, to credit bureau organizations. {5) I understand that, if I default on my loan, I will lose my right to forbeazance. (6) I understand that, if I default on my loan, I will lose my right to defer repayments. (7J I understand that, if the Institution accelerates the loan under paragraph Y(1), I will lose my right to receive a cancellation of a portion of my loan for any service described in Articles VIII, IX, X, XI, XII, XIII, or XN performed after the date the Institution accelerated the loan. (8) I understand that failure to pay this obligation under the terms agreed upon will prevent my obtaining additional student financial aid authorized under Title N of the Higher Education Act of 1965, as amended, until I have made arrangements that are satisfactory to the Institution or the Secretary regarding the repayment of the loan. VI. Forbearance (1) I understand [hat, upon making a properly documented written request to the Institution, I am entitled to be granted forbearance of principal and interest or principal only, renewable at I2-month intervals, for a period not to exceed three years, if-- (A) My debt burden equals or exceeds 20 percent of my gross income; or (9) The Institution determines that I qualify for other reasons. VII. Deferment (1) I understand that, upon making a properly documented written request to the Institution, I may defer making scheduled installment payments and will not be liable for nay interest that might otherwise accrue during the following periods: (A) For any period that I am- (i) Enrolled and in attendance as a regular student in at least ahalf--time course of study at an eligible institution; (ii) Enrolled and in attendance as a regular student in a course of study that is part of a graduate fellowship program approved by the Secretary; (iii) Engaged in graduate or post-graduate fellowship-supported study (such as a Fulbright grant) outride the United States; or (iv) Enrolled and in attendance in a course of study that is part of a rehabilitation training program for disabled individuals approved by the Secretazy. (B) For any period that I am engaged in service described in Articles VIII, IX, X, XI, XII, XID, or XN of this agreement. (C) For a period not to exceed three (3) yeazs during which-- (i) I am seeking and unable to find full-time employment; or (ii) For any reason that my Institution determines has caused or will cause me to have an economic hardship. (2) I understand that I am not eligible for a deferment under paragraph (VII)(1)(A) while I am serving is a medical internship or residency program. (3) I understand that I may continue to defer making scheduled installment payments and will not be liable for any interest that might otherwise accrue for a six (6) month period immediately following the expiration of any deferment provided in pazagraph VII(I). VIII. Teachine Cancellation (1) I understand that, upon making a properly documented written request to the Institution, I am entitled to have up to 100 percent of the amount of this loan plus the interest thereon canceled if I perform qualifying service after the period for which I received the loan- (A) As a full-time teacher in a public or other nonprofit elementary or secondary school in the school district of a local educational agency that is eligible in such year of service for funds under Chapter 1 of the Education Consolidation and Improvement Act of 1981, as amended, and which has been designated by the Secretary (after consultation with each State Department of Education) in accordance with the provisions of section 465(a)(2) of the Act as a school with a high concentration of students from low-income families. An official Directory of designated low-income schools is published annually by the Secretary; (B) As a full-time special education teacher (including teachers of infants, toddlers, children, or youth with disabilities) in a public or other nonprofit elementazy or secondary school system, or as a full-time qualified professional provider of early intervention services in a public or other nonprofit program under public supervision by the lead agency as authorized in section 67b(b)(9) of the Individuals With Disabilities Education Act; or (C) As a full-time teacher of mathematics, science, foreign languages, bilingual education, or any other field of expertise that is determined by the State Department of Education to Gave a shortage of qualified teachers. (2) A portion of this loan will be canceled for each completed year of teaching service at the following rates: (A) 15 percent of the total principal amount of the loan plus interest on the unpaid balance accruing during that year for each of the first and second complete academic years of that teaching service; (H) 20 percent of the total principal amount of the loan plus interest on the unpaid balance accruing during that yeaz for each of the third and fourth complete academic years of that teaching service; and {C) 30 percent of the total principal amount of the loan plus interest on [he unpaid balance accruing during that year for the fifth complete academic year of that teaching service. DC. Head Start Cancellation (1) I understand that, upon making a properly documented written request to the Institution, I am entitled to have up to 100 percent of the amount of this loan plus the interest thereon canceled if I perform qualifying service after the period for which I received the loan as a full-time staff member in a Head Start program if- (A) That Head Start program is operated for a period that is comparable to a full school year in the locality; and Page 2 of 4 Federal PerkinsJJuly 1993 (B) My salary is not more than the salary of a comparable employee of the local educational agency. (2) This loan wifl be canceled at the rate of 1S percent of the total principal amount of the loan plus interest on the unpaid balance accruing during that yeaz foc each complete school year or equivalent period of service in a Head Start program. (3) Head Start is a preschool program cazried out under the Head Start Act. X. Military Cancellation (1) I understand that, upon making a properly documented written request to the Institution, I am entitled to have up to 50 percent of the principal amount of this loan plus the interest thereon canceled if I serve as a member of the Armed Forces of the United States in an area of hostilities that qualifies far special pay under section 310 of Title 37 of the United States Code. (2) This loan will be canceled at the rate of 12 1!2 percent of the total principal amount of the loan plus interest on the unpaid balance accruing during that yeaz for each complete year of such qualifying service after the period for which I received the loan. XI. Volunteer Service Cancellation (I) I understand [hat, upon making a properly documented written request to the Institution, I am entitled to have up to 70 percent of the amount of this loan plus the interest thereon canceled if I perform qualifying service after the period foc which I received the loan- - (A) As a volunteer under the Peace Corps Act; or (13) As a volunteer under the Domestic Volunteer Service Act of 1973 (ACTION programs). (2) This loan will be canceled at the following rates: (A) 15 percent of the total principal amount of the loan plus interest on the unpaid balance accruing during that yeaz for each of the first and second twelve (12) month periods of volunteer service completed; and (B) 20 percent of the total principal amount of the loan plus interest on the unpaid balance accruing during that year for each of the third and fourth twelve (12} month periods of volunteer service completed. XII. Law Enforcement or Corrections Officer Cancellation (1} I understand that, upon making a properly documented written request to the Institution, I am entitled to have up to I00 percent of the amount of this loan plus the interest thereon canceled if I perform qualifying service after the period for which I received the loan- (A) As a full-time law enforcement officer for service to an eligible local, State, or Federal law enforcement agency; or (13) As a full-time corrections officer for service to an eligible local, State, or Federal corrections agency. (2) A portion of this loan will be canceled for each completed year of ]aw enforcement or corrections service at the following rates: (A) 15 percent of the total principal amount of the loan plus interest on the unpaid balance accruing during that year for each of the first and second complete years of that service; (B) 20 percent of the total principal amount of the loan plus interest on the unpaid balance accruing during that year for each of the third and fourth complete years of that service; and (C) 30 percent of the total principal amount of the loan plus interest on the unpaid balance accruing during that year for the fifth complete year of that service. 3~I. Nurse or Medical Technician Cancellation (1) I understand that, upon making a properly documented written request to the Institution, I am entitled to have up to 100 percent of the amount of this loan plus the interest thereon canceled if I perform qualifying service after the period for which I received the loan as a full-time nurse or medica3 technician providing health care services. (2) A portion of this loan will be canceled for each completed year of service at the following rates: (A) 15 percent of the total principal amount of the Loan plus interest on the unpaid balance accruing during that year for each of the first and second complete years of that service; (B) 20 percent of the total principal amount of the loan plus interest on the unpaid balance accruing during that year for each of the third and fourth complete years of that service; and (C) 30 percent of the total principal amount of the loan plus interest on the unpaid balance accruing during that year for the fifth complete year of that service. XIV. Child or Family Service AEency Cancellation (1) I understand that, upon making a properly documented written request to the Institution, I am entitled to have up to 100 percent of the amount of this loan plus interest thereon canceled if I perform qualifying service after the period for which I received the loan as a full-time employee of an eligible public or private nonprofit child or family service agency who is providing, or supervising the provision of, services to high-risk children who aze from low-income communities and the families of such children. (2) A portion of this loan will be canceled for each completed year of service at the following rates: (A) 15 percent of the total principal amount of the loan plus interest on the unpaid balance accruing during that year for each of the first and second complete yeazs of that service; (B) 20 percent of the total principal amount of the loan plus interest on the unpaid balance accruing during that year for each of the third and fourth complete years of that service; and (C) 30 percent of the total principal amount of the loan plus interest on the unpaid balance accruing during that year for the fifth complete year of that service. XV. Death and Disability Cance{lation (1) In the event of my death, the total amount owed on this loan will be canceled. (2) If I become permanently and totally disabled after I receive this loan, the Institution will cancel the total amount of this loan. XVI. Chance in Name, Address, Telephone Number, or Social Security Number I am responsible for informing the Institution of any change or changes in name, address, telephone number, or Social Security number. Page 3 of 4 Federal Perkins/luly 1993 XVII. Late Charge ` (t) The Institution will impose a' late charge if-- (A) I do not make a scheduled payment when it is due; and (B) I do not submit to the Institution, oa or before tha date on which payment is due, documentation that I qualify for a deferment, cancellation, or forbearance as described in Articles VI, VII, VIII, IX, X, XI, XII, XIII, or XTY of this agreement. (2) No charge may exceed 20 percent of my monthly, bimonthly, or quarterly payment. (3)(A) The Institution may- (i) Add the late charge to the principal the day after the scheduled repayment was due; or {ii) Include it with the next scheduled repayment after I have received notice of the late charge. (B) If the Institution elects to add the late charge to the outstanding principal of the loan, it must so inform me before the due date of the next installment. XVIII. Assienment (1) This note may be assigned by the Institution only to- (A) The United States; (B) Anothec institution upon my transfer to that institution if that institution is participating in this program; or (C) Another institution approved by the Secretary. {2) The provisions of this note that relate to the Institution shall, where appropriate, relate to an assignee. (3) Any holder of this loan is subject to all claims and defenses that I could assert against the Institution that made this loan; my recovery is limited to the amount I repaid on this loan. XIX. Prior Loans I hereby certify that I have listed below all of [he Federal Perkins Loans T have obtained at other institutions. (If no prior loans have been received, state "None.") FEDERAL PERIfINS LOANS AT OTI-tER INSTITUTIONS 1 2 3 4 XX. Schedule of Advances Amount Date Institution The following amounts were advanced tv me under this loan agreement on the dates indicated: Amount Date Signature of Borrower 1 $500.00 8111193 i% ` /~ ~l,.~t_r~.~r a_ ~ $500.00 1/1?/94 (:.k.~n:•~ ~ ~ln~ti/~- 3 4 NOTICE TO BORROWER: DO NOT SIGN TffiS NOTE BEFORE YOU READ TI'. I UNDERSTAND AND AGREE TO ALL OF THE FOREGOING TERMS AND CONDTTIONS. [Phis note is signed as a sealed instrument.] Signature ~~~~"'' ~ f y"L~,"/~ ((Seal)] Date ~ ~ '~ ` ~f , 19 `~3 Permanent Address (Street or Box Number, City, State, and Zip Code) ~ 35 tti1. i=i,~ t /mil 5t:'r t ~` C-- (e ~ r ; s ~~ , 1~' N y l 2 ~-= ' 7 J Social Security Number (borrower must provide) 1 z ~ '" C ~" ~ 4 S ~'~:~ The borrower and Institution shall execute this note without security and without endorsement. The Institution shall provide a copy of this note to you and you should retain the copy for your records. (Authority: 20 U.S.C.1087dd) Page 4 of 4 Federal PerkinslJuly 1993 r VERIFICATION I, THOMAS MEYER, Bursar of Dickinson College, acknowledge that I have the authority to execute this Verification on behalf of Dickinson College and certify that the foregoing Complaint is based upon information which has been gathered by my counsel in the preparation of this lawsuit. The language of this Complaint is that of counsel and not my own. I have read the document and to the extent that this Complaint is based upon information which I have given to my counsel, it is true and correct and to the best of my knowledge, information and belief. To the extent that the content of this Complaint is that of counsel, I have relied upon counsel in making this Verification. This statement and Verification are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities, which provides that if I knowingly make false averments, I may be subject to criminal penalties. Dickinson College ~___J ~ Thomas Meyer Bursar of Dickinson College Dated: ~ ,~ ~ ~ f F:\FILES\DATAFILE\DickinsonCollege7619\Collections\Current\294-com l .wpd ~ ~g~ ~ ~ ~~ ~ g w~ ~r~ {--} n.~ r-,a ~ .r- .... - r"~ ---# '~:,. r C~:3 , .':~.) ~,..y ~ {- ~ ~ P^81 LE$VDATAI'ILrlDickinSCnCo11e~N61YKo11c7iord~C~nrn~A^_94Aprol Gw¢d. 4/]/05 k14PM Revised'. d0/OS 3-?9VM "te19C'_aa David R. Galloway, Esquire MARTSON DEARDORFF WILLIAMS & OTTO Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff DICKINSON COLLEGE, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 04-6199 CIVIL ACTION-LAW AARON J. TOWNE, Defendant JURY TRIAL OF TWELVE DEMANDED PRAECIPE Please reinstate the attached Complaint against Aaron J.Towne, 7035 La Cosa Dr. Apt. 2038, Dallas, TX 75248-5127, in the above-captioned action and return same to the undersigned for service. MARTSON DEARDORF WILLIAMS & OTTO By David R. Gallow I. D. Number 87326 Ten East High Street Carlisle, PA 17013 (717)243-3341 Date: Apri17, 2005 Attorneys for Plaintiff ~-~ ~ o c . _ r `s , ~, o -~ y r' ~~- '~ r -n rrt ~ °:,G T ~~ <'j ~ ,...., ~: ~ C -~ . v i; tt 1 Y { ~: P\FILESDATAFILL'ADfc4insonCollegO619ACgllw~ionslCunent~?94Apra2 Ceeaetr. 6/t7/DS 3-62PM RcvlseJ_ b/I)/65 3'DbPM ~619C294 David R. Galloway, Esquire MARTSON DEARDORFF WILLIAMS & OTTO Ten East High Street Carlisle, PA 17013 (717)243-3341 Attorneys for Plaintiff DICKINSON COLLEGE, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 04-6199 CIVIL ACTION-LAW AARON J. TOWNE, Defendant JURY TRIAL OF TWELVE DEMANDED PRAECIPE Please reinstate the attached Complaint against Aaron J. Towne, 13940 Peyton Dr., Apt. 207, Dallas, TX 75240-3682, in the above-captioned action and return same to the undersigned for service. MARTSON David R. Galloway, 7 L D. Number 87326 Ten East High Street Carlisle, PA 17013 (717)243-3341 WILLLAMS & OTTO Date: June 20, 2005 Attorneys for Plaintiff ~.~ ~ o c ~ - < ~- - < L~ t, Cl1 r=- "„ ;~: fir. -,cr r, ~i~1 (_f1 _~..~ ~ _- ~~t "~ ,~.. )] 1 P:\FILE$\DATAFILE\DickineooColleg<9619\Collations\Currcns@94\af}7 CrestN: N13lo3 1lO8AM Retised ]/IS/OS 11:53AM 9fi19C294 David R. Galloway, Esquire I.D. No. 8732b Ten East High Street Carlisle, PA 17013-3093 {717)243-3341 Attorneys for Plaintiff DICKINSON COLLEGE, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. N0.04-6199 CNIL ACTION-LAW AARON J. TOWNE, Defendant JURY TRIAL OF TWELVE DEMANDED PROOF OF DUE DILIGENCE AND RELATED COSTS TO THE PROTHONOTARY: We attach a Proof of No Service showing Plaintiff attempted to serve Defendant, Aaron J. Towne at 13940 Peyton Drive, Apt. 207, Dallas, TX 75240-3682. The cost of that attempted service was $55.00. MARTSON BY ~` ~~ David R~ialloway Attorney LD. 87326 10 East High Street Carlisle, PA 17013 (717)243-3341 WILLIAMS & OTTO Date: July 15, 2005 Attorneys for Plaintiff ~ ~ l:' RICit RICHARDSON CONSTABLE PRECIN ~' s ,,,~ .; 1411 W. BELT LIhE ~~ ~NpftDSON,, TX• 750 v. _._-r-----` ~~~,0 2 G~r_L~w~ ID Fie3~ J~~c~N ~>~~rT / ~0~,3 oa L..ILL..IJI,~•,,,II..U.„II,N,~,~~dL1,h,,dI1L„L,IJ DALLAS CDUNN,, TEXAS ~ 7 LSL3~~• GENTLEMEN: //~~ PRDCESS tN CAUSE NO.., ~~o I ~ C • ~°~ `~ ^ U r(,~C~aSe~ wi c VS. FI °~I J • Tr,1 r' HN,3~BEET! SERVED SY LH{S OFFICE ON THE FOLLONfING PERS NS AND DATES r', Gv~ 2 oz0/,'~ ,gHys ~I A Rt3J - 1~c.4~1~_Li~i kEidiAkKS; RlfK F:iCtlRGSU!!, GU:lST~sBLE, PCT. NU. 3 1411. ~v. B~(i.T LIivE R°.Ci;ARDSUN, 'fX 7508E1 nV ~~/ J./JUrLI~ CEp11T~ l+tA RTSON DE,ARDORFP WILLIAMS & _FO MD~~I O INFORMA'GON • ADVICE • ADVOCACY .IO EAST HIGH STREET CARLISLE, PENNSYLVANIA I7OI3 TELEPHONE (717)243-3341 FACSIMILE (7I7) 243-I85~ INTERNET www.mdwo.com June 22, 2005 Mr. Rick Richardson, Constable Dallas County 1411 W. Belt Line Suite 100 Richardson, TX 75080 RB: Dickinson College v. Aaron J. Towne No. 04-6199 -Cumberland County C.C.P. Our File No. 7619C.294 Deaz Sir or Madam: ATFORNEYS & C6UN.SELLORS AT LAW PJILLIAM F. MAATSON CARL C. RISCH JOHN B. FDwLER III DAVID A. FITZSIMGN3 DAMEL K. DEARDORFF DAVID R. GALLOWAY THOMAS J. WILLIAMS CHRISTOPHER E. RICE IVO V OTTO III JENNIFER L. SPEARS GEORGE B. FALLER IR.~ HILLARY A. DEAN HOARD CERTIFIED CIVIL T RIAL SPECIALIST We enclose a reinstated Complaint to personallyhand to A.azon J. Towne at13940 Peyton Dr., Apt. 207, Dallas, Texas 75240-3682. Additionally, pursuant to Pennsylvania's Rules of Civil Procedure, you may personally hand this Complaint to an adult member of the family in which he resides or if no adult member of the family is found, then to an adult person in chazge of his residence. Following service, please prepare an Affidavit of Service and return to us in the envelope we enclose for your convenience. If no service is made, please prepare an Affidavit of No Service describing the efforts made to effect service. We enclose a check for $55.00 for your service fees. We thank you for your assistance in this matter. If you have any questions or comments, please feel free; to contact us. Very truly yours, MARTSON DEARDORFF WILLIAMS & OTTO ~r=,1 David R. Galloway DRG/jmt Enclosures co: Ms. Sally Heckendom (via e-mail) E\FILES\DATAFILE\Dic4i,uanC Ile eT619\COlbttions\CuRenP296\shcriH ~' FORMATION A o V I C H A D V O C A C Y sM _ ,., ,~ .~; ~~ -~ r- , ~~,~ ~; ,~ i . {;~7 ~ ~ ~ ~~ O CI P \PILPS\DATAPILP\DioAvuonCollege]619\Collwtioru\Currm0290\pral Csea¢d'. bll ]l05 302PM Revised: 9/1J/05 O'.SOPM '1619C 296 David R. Galloway, Esquire MARTSON DEARDORFF WILLIAMS & OTTO Ten East High Street Cazlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff DICKINSON COLLEGE, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 04-6199 CNIL ACTION-LAW AARON J. TOWNS, Defendant JURY TRIAL OF TWELVE DEMANDED PRAECIPE Please reinstate the Complaint against Aaron J. Towne, 7035 La Cosa Drive, Apt 2038, Dallas, TX 75248, in the above-captioned action and return same to the undersigned for service. MARTSON BY. L D. Number 87326 Ten East High Street Carlisle, PA 17013 (717)243-3341 WILLIAMS & OTTO Date: September 14, 2005 Attorneys for Plaintiff ~ o (~ _,_ cs ~ 'Ci t'C: N ~ j77~~; ~ ' 71 ' r i' -.: ... ~1'i'i 'TJQ ~C ~~ ~<~i '~ ~ (~i ~" 1 O ~, ~ F:\PILES\pATAFIL2\DfckiosooCollegc]619\Callmtiom\Cuermt@94\prz0 Crts~cd. 6'1]!05 102PM Revised. 12I2I05 2:34PM ]619C 394 Christopher E. Rice, Esquire LD. 90916 MARTSON DEARDORFF WILLIAMS & OTTO Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff DICKINSON COLLEGE, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA. v. NO. 04-6199 CNIL ACTION-LAW AARON J. TOWNE, Defendant JURY TRIAL OF TWELVE DEMANDED PRAECIPE Please reinstate the Complaint against Aaron J. Towne, 235 West Fulton Street, Gloversville, New York, 12078, in the above-captioned action and return same to the undersigned for service. MARTSON DEARDORFF WILLIAMS & OTTO ~~ 5 Christopher E. Rice, Esquire Ten East High Street Carlisle, PA 17013 (717)243-3341 Date: December 2, 2005 Attorneys for Plaintiff ,.., , ., ~. ., i -, L~ S C7 (.7 • f ; 'i F.\FILES\DATAFILE\Dicki,uonCalleyet619\Collectians\Current\294\pn5 Crowd WI]I05 3:03PM Reviud'. Bll/06 J'.09PM )6190 294 Christopher E. Rice, Esquire I.D. 90916 MARTSON DEARDORFF WILLIAMS & OTTO Ten East High Street Carlisle, PA 17013 (717)243-3341 Attorneys for Plaintiff DICKINSON COLLEGE, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. N0.04-6199 CIVIL ACTION-LAW AARON J. TOWNE, Defendant JURY TRIAL OF TWELVE DEMANDED PRAECIPE Please reinstate the Complaint against Aaron J. Towne, 235 East Fulton Street, Gloversville, New York, 12078, in the above-captioned action and return same to the undersigned for service. MARTSON DEARDORFF WILLIAMS & OTTO Christopher E. Rice, Esquire Ten East High Street Cazlisle, PA 170]3 (717)243-3341 Date: August 3, 2006 Attorneys for Plaintiff ~`~--~ ~ ~ ~~ r cam, ~~ FaFILESIDATAFILE\DickinsonCollege7b 19\Co1)ectionslCnrrent1294\prab Created: 6/17/05 3:02PM Revised: 1/3/07 9:SSAM 7619C.294 Christopher E. Rice, Esquire I.D. 90916 MARTSON DEARDORFF WILLIAMS & OTTO Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff DICKINSON COLLEGE, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. N0.04-6199 CIVIL ACTION-LAW AARON J. TOWNE, Defendant JURY TRIAL OF TWELVE DEMANDED PRAECIPE Please reinstate the Complaint against Aaron J. Towne, 23 5 West Fulton Street, Gloversville, New York, 12078, in the above-captioned action and return same to the undersigned for service. MARTSON DEARDORFF WILLIAMS & OTTO By ~~ ~~-~.. f f~~ Christopher E. Rice, Esquire Ten East High Street Carlisle, PA 17013 (717) 243-3341 Date: ~- 3 - Q~ Attorneys for Plaintiff ~~ ~; t=~ _ -.~ '~~ ~'' _ ~ r`r-, ~ , ..~. fi __ ` _..... .. __ ~'f-;3 ti t 1'1 ~; '. ti t F:\FILES \DATAFO.E\DickinsonCollege7619\Collections\Current\294\76I9C.294, pra7 Created: 6/17/05 3:02PM Revised: 5/8/07 11:45 AM 7619C.294 Christopher E. Rice, Esquire I.D. 90916 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff DICKINSON COLLEGE, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. N0.04-6199 CIVIL ACTION-LAW AARON J. TOWNE, Defendant JURY TRIAL OF TWELVE DEMANDED PRAECIPE Please reinstate the Complaint against Aaron J. Towne, 3211 Irving Boulevard, Dallas, Texas 75247. MARTSON LAW OFFICES By ~ S Christopher E. Rice, Esquire Ten East High Street Carlisle, PA 17013 (717) 243-3341 Date: 5' g "O ? Attorneys for Plaintiff ~' W ~ _^ M W ' ~ ~: . ~, ~ ' ~ v' r {~ .. L ~ ~ • " `{ "~