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HomeMy WebLinkAbout04-6245 ~ F'\FILES\OA T AFILE\DickinsonCollege761 9\CQllectlons\Current\293-coml wpd Created' 4/28/03 I 54 03 PM RevISed 12/9/04 I 1643 PM 7619c 293/LC2 David R. Galloway, Esquire MARTS ON DEARDORFF WILLIAMS & OTTO I.D. 87326 10 East High Street Carlisle, P A 17013 (717) 243-3341 Attorneys for Plaintiff v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04- to:J. 't~ CNIL ACTION-LAW DICKINSON COLLEGE, Plaintiff BENEDICT L. PERRY, Defendant JURY TRIAL OF TWELVE DEMANDED NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiffs. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCE FEE OR NO FEE: Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 Dated: December 9,2004 M BYt" David R. Gallo ay, I. D. Number 87326 Ten East High Street Carlisle, P A 17013 (717) 243-3341 Attorneys for Plaintiff LLIAMS & OTTO David R. Galloway, Esquire MARTSON DEARDORFF WILLIAMS & OTTO I.D. 87326 10 East High Street Carlisle, P A 17013 (717) 243-3341 Attorneys for Plaintiff DICKINSON COLLEGE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 04- CIVIL ACTION-LAW BENEDICT L. PERRY, 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 Benedict L. Perry is an adult individual with a last known address of 406 Painters Crossing, Chadds Ford, Pennsylvania, 19317-9612. 3. On or about May 11, 1994, Defendant entered into a Promissory Note - Federal Perkins Loan Program (Note #1) with Plaintiff for the financing of$400.00 plus interest and costs by Defendant on his own behalf, for educational services and benefits at Plaintiffs institution. A copy of Note #1 is attached hereto as Exhibit "A." 4. On or about September 14, 1995, Defendant entered into an additional Promissory Note - Federal Perkins Loan Program (Note #2) with Plaintiff for the financing of$l,OOO.OO 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 July 19, 1996, Defendant entered into an additional Promissory Note- Federal Perkins Loan Program (Note #3) with Plaintiff for the financing of$l,OOO.OO plus interest and costs by Defendant on his own behalf, for educational services and benefits at Plaintiffs institution. A copy of Note #3 is attached hereto as Exhibit "c." 6. Note #1, Note #2 and Note #3 are funds created under Part E of Title N ofthe Higher Education Act of 1965 as amended, (hereinafter the "Act") and are subject to the Act and the Federal Regulations issued under the Act. 7. 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. 8. The total principal for Note #1, Note #2 and Note #3 is $2,400.00. 9. Note #1, Note #2 and Note #3 grant Plaintiff reasonable collection and attorney's fees which Plaintiff has calculated to be $500.00. 10. As of September 30,2004, the principal and interest due and payable by Defendant to Plaintiff was $3,198.19, plus interest accruing thereafter at $0.33 per day. 11. As of September 30,2004, the outstanding balance of$3, 198.19 represents the total and actual overdue value ofthe financing provided to Defendant under Note # l, Note #2 and Note #3 for which Defendant has yet to pay. 12. Plaintiffhas fulfilled, performed and complied with all obligations and conditions of Note #1, Note #2 and Note #3. COUNT I BREACH OF CONTRACT 13. Plaintiff hereby incorporates by reference the averments contained in Paragraphs 1 through 12 of this Complaint. 14. Defendant breached the expressed and implied obligations, conditions and terms of agreement of Note #1, Note #2 and Note #3 by failing to pay the amounts financed therein. WHEREFORE, Plaintiff demands judgment against Defendant in the amount of $3,198.19, plus interest accruing at $0.33 per day from September 30, 2004, collection and attorneys' fees in the amount of $500.00 and costs of suit. COUNT II IN QUANTUM MERUIT 15. Plaintiff hereby incorporates by reference the averments contained in Paragraphs 1 through 14 of this Complaint. 16. Having requested Plaintiff to loan money, and doing so to the benefit of Defendant, Defendant became liable to Plaintiff for said money. 17. Defendant has been unjustly enriched by accepting said money without paying Plaintiff reasonable compensation therefor. 18. As of September 30, 2004, the total amount by which Defendant has become enriched is $3,198.19, plus interest in the amount of$0.33 per day from September 30, 2004. WHEREFORE, Plaintiff demands judgment against Defendant in the amount of$3, 198.19, plus interest in the amount of$0.33 per day from September 30, 2004, collection and attorneys' fees in the amount of $500.00 and costs of suit. By Da How I.D. Number 87326 Ten East High Street Carlisle, P A 17013-3093 (717) 243-3341 Attorneys for Plaintiff \ Date: December 9, 2004 -09 Promissory Note-Federal Perkins Loan Pro~ram [Any bracketed clause or paragraph may be included at option of institution.]. . I Benedict L. Perry , promise to pay to D1CklnSOn ColleQe (hereinafter called the Institution), located at Car 1 is 1 e. P A 17013-2896 , the sum of the amounts that are advanced to me and endorsed in the Schedule of Advances set forth below. I promise to pay all reasonable collection costs, including attorney fees and other charges, necessary for the collection of any amount not paid when due. I further understand and agree that: I. General (1) Aoolicable Law. All sums advanced under this note are drawn from a fund created under Part E of Title IV of the Higher Education Act of 1965, as amended (hereinafter called the Act), and are subject to the Act and the Federal regulations issued under the Act. The terms of this note shall be interpreted in accordance with the Act and Federal regulations, copies of which are to be kept by the Institution. (2) Procedures for Receivin2 Deferment. Cancellation. or Forbearance. I understand that, to receive a deferment, cancellation, or forbearance, I must request the deferment, cancellation. or forbearance in writing from the Institution and must submit to the Institution any documentation required by the Institution to prove that I qualify for the deferment, cancellation, or forbearance. I further understand that, if I am eligible for deferment, cancellation, or forbearance under Articles VI through XlV, I am responsible for submitting the appropriate requests on time. I further understand that I may lose my deferment, cancellation, and forbearance bene tits if I fail to tile my request on time. II. Interest In~shall accrue from the beginning of the repayment period and sball be at the ANNUAL PERCENTAGE RATE OF F1VE PERCENT (5%) on the unpaid balance, except that no interest shall accrue during any deferment period described in Article Vll. m. Repayment (1) I promise to repay the principal and the interest that accrues on it to the Institution over a period beginning nine (9) months after the date I cease to be at least a balf-time regular student at an institution of higher education, or at a comparable institution outside the United States approved for this purpose by the United States Secretary of Education (hereinafter called the Secretary), and ending ten (10) years later, unless that period is [shortened under paragraph ill(S), or] extended under paragraphs m(4), ill(1) (extensions), VU(l), or Vll(3) (deferments). (2) Upon my written request, the repayment period may start on a date earlier than the one indicated in paragraph me!). (3)(A) I promise to repay the principal and interest over the course of the repayment period in equal monthly, bimonthly, or quarterly installments, as determined by the Institution. I understand that. if my installment payment for all the loans made to me by the Institution is not a multiple of $5, the Institution may round that payment to the next highest dollar amount that is a multiple of $5. (8) 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. (4) Notwithstanding paragraph m(I), if I qualify as a low-income individual during the repayment period, the Institution, upon my written request, may extend the repayment period for up to an additional ten (10) years and may adjust any repayment schedule to reflect my income. [(5)(A) If the monthly rate that would be established under paragraph ID(l), or the total monthly repayment rate of principal and interest on all my Federal Perkins Loans, including this loan, is less than $40.00 per month, I shall repay the principal and interest on this loan at the rate of $40.00 per month (which includes both principal and interest). (S)(B) If I have received Federal Perkins Loans from other institutions and the total monthly repayment rate on those loans is less than $40.00 the $40 . 00 monthly payment established under subparagraph ID(5)(A) includes the amounts I owe on all my outstanding Federal Perkins Loans, including those received from other institutions. The portion of the $40.00 monthly payment that will be applied to this loan will be the difference between $40.00 and the total of the amounts owed at a monthly rate on my other Federal Perkins Loans. (6) The .Institution may permit me to pay less than the rate of $40.00 per month for a period of not more than one (1) year where necessary to avoid hardship to me unless that action would extend the repayment period in paragraph m(l).] (1) The Institution may, upon my written request, reduce any scheduled repayments or extend the repayment period indicated in paragraph m(I), 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 (I) I may, at my option and without penalty, prepay all or any part of the principal, plus any accrued interest thereon, at any time. (2) Amounts I repay in the academic year in which the loan was made and the initial grace period has not ended will be used to reduce the amount of the loan and will not be considered a prepayment. (3) If I repay amounts during the academic year in which the loan was made and the initial grace period ended, only those amounts in excess of the amount due for any repayment period shall be considered a prepayment. (4) If, in an academic year other than the award year in which the loan was made, I repay more than the amount due for an installment, the excess will be used to repay principal unless I designate it as an advance payment of the next regular installment. V. Default (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 maJce a scheduled payment when due under the repayment schedule established by the Institution; and (8) 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, VITI, IX, X, XI, XII, XIJI, or XlV of this agreement. (2) I understand that the Institution may disclose to credit bureau organizations the amount of loans made to me, along with other relevant Page 1 of 4 Federal Perkins/July 1993 Exhibit "A" information. . (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, r understand that, if I default on my loan and the loan 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 forbearance. (6) I understand that, if I default on my loan, I will lose my right to defer repayments. (T) r understand that, if the Institution accelerates the loan under paragraph V(I), r will lose my right to receive a cancellation of a portion of my loan for any service described in Articles vm, IX, X, XI, XII, XIll, or XIV performed after the date the Institution accelerated the loan. (8) I understand that failure to pay this obligation under the terms agreed upon will prevent my obtaining additional student financial aid authorized under Title IV of the Higher Education Act of 1965, as amended, until r have made arrangements that are satisfactory to the Institution or the Secretary regarding the repayment of the loan. VI. Forbearance (1) I understand that, 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 12-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 (B) The Institution determines that I qualify for other reasons. VII. Deferment (I) I understand that, upon making a properly documented written request to the Institution, I may defer making scheduled installment payments and will not be liable for any interest that might otherwise accrue during the following periods: (A) For any period that I am- (i) Enrolled and in attendance as a regular student in at least a half-time comse 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) outside the United States; or (iv) Enrolled and in attendance in a course of study that is part of a rehabilitation training program for disabled individuals approved by the Secretary. (8) For any period that r am engaged in service described in Articles VIII, IX, X, XI, XII, XIll, or XIV of this agreement. (C) For a period not to exceed three (3) years 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)(I)(A) while r am~serving in a medical internship or residency program . (3) I understand that I may continue to defer making scheduled installment payments and will not be liable for any interest that might otherwise accrue for a six (6) month period immediately following the expiration of any deferment provided in paragraph VIT(l). vm. Teacbine Cancellation (I) I understand that, upon making a properly documented written request to the Institution, I am entitled to have up to 100 percent of the amount of this loan plus the interest thereon canceled if I perform qualifying service after the period for which I received the loan- (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 I of the Education Consolidation and Improvement Act of 1981, as amended, and which has been designated by the Secretary (after consultation with each State Department of Education) in accordance with the provisions of section 465(a)(2) of the Act as a school with a high concentration of students from low-income families. An official Directory of designated low-income schools is published annually by the Secretary; (8) As a full-time special education teacher (inClUding teachers of infants, toddlers, children. or youth with disabilities) in a public or other nonprofit elementary or secondary school system, or as a full-time qualified professional provider of early intervention services in a public or other nonprofit program under public supervision by the lead agency as authorized in section 676(b)(9) of the Individuals With Disabilities Education Act; or (C) As a full-time teacher of mathematics, science, foreign languages, bilingual education, or any other field of expertise that is determined by the State Department of Education to have a shortage of qualified teachers. (2) A portion of this loan will be canceled for each completed year of teaching service at the following rates: (A) 15 percent of the total principal amount of the loan plus interest on the unpaid balance accruing during that year for each of the first and second complete academic years of that teaching service; (B) 20 percent of the total principal amount of the loan plus interest on the unpaid balance accruing during that year for each of the third and fourth complete academic years of that teaching service; and (C) 30 percent of the total principal amount of the loan plus interest on the unpaid balance accruing during that year for the fifth complete academic year of that teaching service. IX. Head Start Cancellation (I) r understand that, upon making a properly documented written request to the Institution, I am entitled to have up to 100 percent of the amount of this loan plus the interest thereon canceled if I perform qualifying service after the period for which I received the loan as a full-time staff member in a Head Start program if- (A) That Head Start program is operated for a period that is comparable to a full school year in the locality; and Page 2 of 4 Federal Perkins/July 1993 (B) My salary is not more than the salary of a comparable employee of the local educational agency. (2) This loan will be canceled at the rate of 15 percent of the total principal amount of the loan plus interest on 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 carried out under the Head Start Act. X. MilitarY CancelJation (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 for 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 year for each complete year of such qualifying service after the period for which I received the loan. XI. Volunteer Service Cancellation (1) I understand that, upon 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 for which I received the loan- (A) AB a volunteer under the Peace Corps Act; or (B) AB a volunteer under the Domestic Volunteer Service Act of 1973 (ACTION programs). (2) This loan will be canceled at the following rates: (A) 15 percent of the total principal amount of the loan plus interest on the unpaid balance accruing during that year for each of the first and 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 CorrectioQs Officer Cancellation (1) I understand that, upon making a properly documented written request to the Institution, I am entitled to have up to 100 percent of the amount of this loan plus the interest thereon canceled if I perform qualifying service after the period for which I received the loan- (A) AB a full-time law enforcement officer for service to an eligible local, State, or Federal law enforcement agency; or (B) AB a full.time corrections officer for service to an eligible local, State, or Federal corrections agency. (2) A portion of this loan will be canceled for each completed year of law enforcement or corrections service at the following rates: (A) 15 percent of the total principal amount of the loan plus interest on the unpaid balance accruing during that year for each of the first and second complete years of that service; (B) 20 percent of the total principal amount of the loan plus interest on the unpaid balance accruing during that year for each of the third and fourth complete years of that service; and (C) 30 percent of the total principal amount of the loan plus interest on the unpaid balance accruing during that year for the fifth complete year of that service. xm. Nurse or Medical Tecbnician Cancellation (1) I understand that, upon malcing 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 medical technician providing health care services. (2) A portion of this loan will be canceled for each completed year of service at the following rates: (A) 15 percent of the total principal amount of the loan plus interest on the unpaid balance accruing during that year for each of the first and second complete years of that service; (B) 20 percent of the total principal amount of the loan plus interest on the unpaid balance accruing during 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 A2enCy 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 are from low-income commumties 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 years of that service; (B) 20 percent of the total principal amount of the loan plus interest on the unpaid balance accruing during that year for each of the third and fourth complete years of that service; and (C) 30 percent of the total principal amount of the loan plus interest on the unpaid balance accruing during that year for the fifth complete year of that service. XV. Death and Disability Cancellation (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. Chan2e 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/Iuly 1993 XVll. Late Chanze (1) The Institution will impose a'late charge if- (A) I do not make a scheduled payment when it i. due; and (B) I do not submit to the Institution, on or before the date on which payment i. due, documentation that I qualify for a deferment, cancellation, or forbearance as described in Articles VI; VII, VIII, IX, X, XI, xn, xm, or XIV 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. xvm. Assil!nment (1) 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; 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 bereby certify that I have listed below all of the Federal Perlcins Loans I bave obtained at other institutions. (If no prior loans have been received, state "None.") FEDERAL PERKINS LOANS AT OTHER INSTITUTIONS Amount Date Institution 1 2 :) 4 XX. Schedule of Advances The following amounts were advanced to me under this loan agreement on the dates indicated: Amount Date SignatU~ of Borrower .('< _ , /::._ ,A _ .------ -/ ' / ~ ) ./ .t- ~ ....---:,.. /,.... ~'1" ~ t -r../" 1 2 :) 4 $200.00 $200.00 8/15/93 1/28/94 NOTICE TO BORROWER: DO NOT SIGN THIS NOTE BEFORE YOU READ IT. I UNDERSI'AND AND AGREE TO ALL OF THE FOREGOING lERMS AND CONDmONS. (This note is signed as a .sealed .i~m.!.~t.) /. ; U:...ir ___{- ";'.~ /.. ~ -" Signature r-:'-:'~' -. C /-:"\ "'- ~ - . . /' 19 '-:, , - [(seal)) Date - ',-, Permanent Address (Street or Box Number, City. State, and Zip Code) :J"':-- '! I :... ,) --, ,.' - L t r- , :-:; ,,'1__' ,-/' /' , Social Security Number (borrower must provide) . . ~i _ -, -:> The borrower and Institution shall execute this Dote without security and without endorsement. The Institution sball provide a copy of this Dote to you and you sbould retain the copy for your records. (Authority: 20 U.S.C.1087dd) Page 4 of 4 Federal Perkins/July 1993 00273-000-00-2870-09 -09 Promissory Note-Federal Perkins Loan Pro2ram [Any bracketed c1ause or paragraph may be illdaded at option of institution.]. . I Benedict Luke Perry ,promisetopayto Dlcklnson ColleQe (hereiDaftereal1edthe Institution), located at Car 1 i 5 1 e . P A 17013 - 2 89 6 , 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 attorDey fea and other charges, necessary for the collection of any amount not paid when due. I further understand and agree that: I. General (1) Aoolicable Law. All sums advanced u'" dlia note are drawn from a fund created under Part E of Title IV of the Hi&her Education Act of 1965, as amended (hereinafter called the Act). aDd are subject to the Act and the Federal regulations issued under the Act. The terms of this note shall be interpreted in accordance with the Act and Federal regulations, copies of which are to be kept by the Institution. (2) Procedures for Receivin2 Defennent. Cancellation. or Forbearance. I understand that, to receiYe a deferment, caDCellation, or forbearance, I must request the deferment, cancellabon, or forbearanc:e in writing from the Institution aod must submit to the IDstitution aDY documentation required by the IDstitution to prove that I qualify for the deferment, caDCellation, or forbearance. I further uDderstand that, if I am eligible for deferment, cancellation, or forbearance under Articles VI through XIV, I am responsible for submitting the appropriate requests on time. I further understand that I may lose my deferment, cancellation, and forbearance benefits if I fail to file my request on time. n. Interest Interest shall accrue from the beginning of the repayment period and shall be at the ANNUAL PERCENTAGE RATE OF F1VE PERCENT (5S) on the unpaid balance, except that no inteleSl shall accrue during any deferment period described in Article W. m. Reoavment (I) I promise to repay the principal and the interest that accrues on it to the Institution over a periocl beginning nine (9) months after the date I cease to be at lUst a half-time regular student at an institution of higher education, or at a comparable institutiOD outside the United States approved for this purpose by the United States Secretary of Education (hereiDafter called the Secretary), and endin& ten (10) yean later, unleu that period is [shortened under paragraph m(S), or) extended under paragraphs m(4), m(7) (exteDliODl). VU(l), or W(3) (defermeats). (2) Upon my writtell request, the repayment period may start on a date earlier than the ODe indicated iD paragraph m(l). (J)(A) I promiJe to repay the principal and iaterest over the course of the repayment period iD equal monthly, bimoDthly, or quarterly installments, as determined by the IDstitution. I understand that, if my installment payment for all the loans made to me by the IDstitution is not a multiple of $S, the Institution may round that payment to the next highest dollar amount that is a multiple of $S. (B) Notwithstanding paragraph m(3)(A), upon m)' written request, repayment may be made in graduated installments in accordance with a achedule approved by the Secretary. (4) Notwithstanding paragraph m(1), if I qualify as a low-income individual during the repayment period, the IDstitution, upon my written request, may extend the repayment period for up to an additional ten (10) years and ma)' adjust an)' repayment schedule to reflect my income. ((S)(A) If the monthly rate that would be established under paragraph m(l), or the total monthly repayment rate of prlacipal and interest on all my Federal Perlcins Loans, including this lou, i. less than $40.00 per month, I Iba1l repay the principal and interest on this loan at the rate of $40.00 per month (which includes both principal and interest). (S)(B) If I have received Federal Perkins Loans from other institutioDS and the total monthly repayment rate on those 10811I is leu than $40.00 the $40.00 monthly payment established under subparagraph III(S)(A) includes the amouats I owe on all my outstanding Federal Perkins Loans, including those received from other institutions. The portion of the $40.00 monthly payment that will be applied to this Iou will be the difference between $40.00 &ad the total of the amounts owed at a monthly rate OD my other Federal Perkins Loans. (6) The .lDstitution may permit me to pay less than the rate of $40.00 per month for a period of DOt more than one (1) year where neeellar)' to avoid hardship to me unless that action would extend the repayment period in paragtlph III(l).] (7) The Institution may, upon my written request. reduce any acheduled repayments or exteDd the repayment period indicated in paragraph m(1), if, in its opinion, circumstances such as prolonged illness or unemployment prevent me from maItiJlg the acheduled repayments. However, interest shall continue to accrue. IV. PrepaYment (I) I may, at my optiOD and without penalty, prepay all or any part of the principal, plus any accrued interest thereon, at any time. (2) AmoUDts I repay in the academic year in which the loan was made and the initial grace period has DOt eDded 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 ill which the loan was made and the initial grace periocl ended, only those amounts in excess of the amount due for any repayment period shall be considered a prepayment. (4) If, iD aD academic year other than the award year in which the loan was made, I repay more than the amount due for an installment, the excess will be used to repay principal unless I desigJlllle 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, aod collection costs, if- (A) I do Dot malee a scheduled payment when due under the repayment schedule established by the Institution; and (B) I do DOt 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, W, vm, IX, X, XI. xn, xm, or XIV of this agreement. (2) I understand that the Institution may disclose to credit bureau organizations the amount of loans made ro me, along with other relevant Page I of 4 Exhibit "B" Federal Perkins/July 1993 information. (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 loan 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 forbearance. (6) I understand that, if I default on my loan, I will lose my right to defer repayments. '(7) I understand that, if the Institution accelerates the loan under paragraph V(1), I will lose my right to receive a cancellation of a portion of my loan for any service delCribed in Articles VITI, IX, X, XI, XII, XIII, or XIV performed after the date the Institution accelerated the loan. (8) I understand that failure to pay this obligation under the terms agreed upon will prevent my obtaining additional student filWlciaJ aid authorized under Title IV of the Higher Education Act of 1965, u amended, until I have made arrangements that are satisfactory to the Institution or the Secretary regarding the repayment of the loan. VI. Forbearance (I) I understand that, 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 (B) 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 any interest that might otherwise accrue during the following periods: (A) For any period that I am- (i) Enrolled and in attendance u a regular student in at least a half-time coune 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 poll-graduate fellowship-mpported study (such u a Fulbright grant) outside the United States; or (iv) Enrolled and in attendance in a course of study that is part of a rehabilitation training program for disabled individuals approved by the Secretary. (B) For any period that I am engaged in service described in Articles VIII, IX, X, XI, XII, XIII, or XIV of this agreement. (C) For a period not to exceed three (3) years during which- (i) I am seeking and unable to find full-time employment; or (ii) For any re&IOn that my IDstitution determines bas caused or will cause me to have an economic hardship. (2) I understand that I am not eligible for a deferment under paragraph (VU)(l)(A) while I am; serving in a medical interuship or residency program. (3) I understand that I may coDtiDue to defer making ICheduled ins&aJlment payments and will not be liable for lUIy interest that might otherwise 8CCrue for a six (6) month period immediately following the expiration of any deferment provided in paragraph VU(l). vm. Teachin2 Cancellation (1) I undentand that, upon making a properly documented written request to the Institution, I am entided to have up to 100 percent of the amount of this 10lUl plus the interest thereon canceled if I perform qualifying service after the period for which I received the 10lUl- (A) As a full-time teacher in . public or other nonprofit elementary or secondary school in the IChool district of 8 local educational agency that is eligible in such year of service for funds under Chapter 1 of the Education Consolidation lIDd Improvement Act of 1981. u amended. and which has been designated by the Secretary (after consultation with each State Department of Education) in 8CCordllDce with the provisions of section 465(8)(2) of the Act as a IChool with 8 high concentration of students from low-income families. AD official Directory of designated low-income ICbools is published lIDI1ually by the Secretary; (B) As a full-time special education teacher (including teacbers of infants. toddlers, cbildren. or youth with disabilities) in a public or other nonprofit elementary or secondary school system, or as a full-time qualified professional provider of early intervention services in a public or other nonprofit program under public supervision by the lead agency as authorized in section 676(b)(9) of me 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 have a sbonage of qualified teachers. (2) A portion of this loan will be canceled for each completed year of teaching service at the following rates: (A) IS percent of the total principal amount of the 10lUl plus interest on the unpaid balance accruing during that year for each of the first and second complete academic years of that teaching service; (B) 20 percent of the total principal amount of the loan plus interest on the unpaid balance accruing during that year for each of the third and fourth complete academic years of that teaching service; lIDd (C) 30 percent of the total principal amount of the loan plus interest on me unpaid balance accruing during that year for the fifth complete academic year of that teacbing service. IX. Head Start Cancellation (1) I understalld 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 whicb I received the loan as a full-time staff member in 8 Head Start program if- (A) That Head Start program is operated for a period that is comparable to a full scbool year in the locality; and Page 2 of 4 Federal Perkins/July 1993 (B) My salary is not more than the salary of . comparable employee of the local educational agency. (2) This loan will be canceled at the rate of 15 percent of the total principal amount of the loan plus interest on the unpaid balance accnaing 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 carried aut 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 SO 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 for special pay under sec:tioa 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 accnaing during that year for each complete year of such qualifying service after the period for which I received the loan. XI. Volunteer Service Cancellation (1) I understand that, upon 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 for which I received the loan- (A) As a volunteer under the Peace Corps Act; 01' (B) As a volunteer under the Domestic Volunteer Service Act of 1973 (ACTION programs). (2) This loan will be canceled at the following rates: (A) 15 percent of the total principal amount of the loan plus interest on the unpaid balance &Ccnaing during that year for each of the first &lid 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 &Ccnaing during that year for each of the third &lid fourth twelve (12) month periods of volunteer service completed. XII. Law Enforcement or Corrections Officer Cuc:ellation (1) I understand that, upon making a properly documented written request to the Institution, I am entitled to have up to 100 percent of the amount of this loan plus the interest thereon canceled if I perform qualifying service after the period for which I received the loan- (A) As a full-time law enforcement officer for service to an eligible local, State, or Federal law enforcement agency; or (B) As a full-time corrections officer for service to an eligible local, State, or Federal corrections agency. (2) A portion of this loan will be canceled for each completed year of law enforcement or corrections service at the following rates: (A) IS percent of the total principal amount of the loan plus interest on the unpaid balance &Ccnaing during that year for ach 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 ba1anc:e &ccnaing during that year for ach 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 &ccnaing during that year for the fifth complete year of that .rvice. XIII. Nurse or Medical Techllician 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 nune or medical technician providing health care services. (2) A portion of this loan will be canceled for each completed year of service at the following rates: (A) 15 percent of the total principal amount of the loan plus interest on the unpaid balance accnaing 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 A2enCY 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, aervices to high-ris1c children who are from low-income communities and the families of such children. (2) A portion of this loan will be canceled for each completed year of service at the following rates: (A) 15 percent of the total principal amount of the loan plus interest on the unpaid balance accnaing 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. XV. Death and Disability Cancellation (I) In the event of my death. the total amount owed on this loan will be canceled. (2) If I become permanently and totally disabled after I receive this loan, the Institution will cancel the total amount of this loan. XVI. Chan2e in Name. Address. Teleohone 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/July 1993 xVII. Late ChaTlze (1) The Institution will impose a.late charge if- (A) I do not make a ICheduled payment when it i. due; and (8) I do DOt IUbmit to the lDatitution, on or before the elate on which payment i. due, documentation that I qualify for a deferment, cancellation, or forbeanmce u delCribed in Articles VI, W, VIll, IX, X, XI, XII, xm, or XIV 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 ICheduled repayment was due; or (ii) Include it with the next ICheduled repayment after I have received notice of the late charge. (8) 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 aext instal.Iment. XVDI. Assilmment (1) This note may be assigned by the 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) 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 sulSject 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 bereby certify that I have listed below all of the Federal Perkins Loans I bave obtained at other institutions. (If no prior loans have been received, state -Noae.") FEDERAL PERKINS LOANS AT OTHER INSTITtTI10NS Amount Date Institution 1 2 3 4 XX. Schedule of Advances The followiDg amounts were advanced to me under this loan agreement on the dates indicated: Amount Date SignatUre of Borrower 1 $500.00 9-1-95 ,I f 1/ 2 $500.00 1-23-96 ), x: j) 3 4 NonCE TO BORROWER: DO NOT SIGN 1BIS Nom BEFORE YOU READ IT. IUNDERSJ'AND AND AGREE TO AU. OFTBE FOREGOING TERMS AND CONDmONS. (This note iS~S~gned as a ~ed i~~~nt.~ S. +-- ----- ~_"C.\.. .~. .",",\ ..J/ --~-;. - l&DatUre ). - .:.--- ( (seal)) ft..._ )../!, / ~ UiIIC~'" If , 19..2.2... Permanent Address (Street or Box Number, City, State, and Zip Code) ~ ( '\ !. ~ \ i. I ;) :-c l. /' ~ !-.. ~ ,-,1'; '7--" '-\ _I . f ,.... "-f~":,. i L . '.vL\ . ." I) ,\ \ 1'~ I 'J I r:), V Social Security Number (borrower must provide) (7'-' - I U, 11'- 'J ,\ '-<' . I.... ;, 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.I087dd) Page 4 of 4 Federal PerkinslJuly 1993 FEDERAL PERKINS LOAN pkOMISSORY NOTE ." / 1. Name (last, first, middle initial) and Permanent Address (street, city, state, zip code) 2. Social Security Number Perry, Benedict L. f.,oC; LJ~Jt bd~l ~t t, St~li ~d sk. (' b ft\ (1'1 - <-e '-i - r I () ~ 3. Date of Birth I () '0 ' u ') I ( 1"L- -S- - 'I '\ 4. Area CodefTelephone Number ~- S02-- 25'-( -0/2- G; 5. Driver's License Number (Ust state abbreviation first) 6. School Name & Address (street. city. state, zip code) Dicki.nsat College P.O. Box 1773 Carlisle, PA 17013-2896 tJ Half-lime or greater 0 Less ttIan haI-lime 5 % 9. Loan Amount: 10. Loan Period $ 1,000.00 1996-97 TERMS AND CONDITIONS: IAny bcacketed clause or paragraph may be included at option of institution) APPLICABLE LAW - The terms of this note and any disbursements made under this note shall be interpreted in accordance with Part E of Title IV of the Higher Education Act of 1965, as amended (hereinafter called the Act), as well as Federal regulations issued under the Act. All sums advanced under this note are subject to the Act and Federal reglllations isSued under the Act. REPAYMENT - I am obligated to repay the principal and the Interest that accmes on it to the above-named institution (herelnalter called the school) over a period beginning 9 months (or sooner if I am a less than a half-time borrower) after the date I cease to be at least a half-time student at an institution of higher education or a comparable school outside the United States approved by the United States Secretary of Education (hereinafter called the Secretary) and ending 10 years later. unless I request in writing that my repllyment period begin sooner. I understand that the school will repon the amount of my installment payments, along with the amount of this loan to a nallonal credit bureau. Interest on this loan shall accrue from the beginning of the repayment period. My repayment period may be shorter than 10 years If I am required by my school to make minimum monthly payments. Upon my written request my repayment period may be extended during periods of deferment, hardship. or forbearance and I may make graduated installments In accordance With a schedule approved by the Secretary. I will make my installment payments In equal monthly. bimonthly or quanerly installments as determined by the school. The school may round my installment payment to the next highest multiple of $5. (I will make a minimum monthly repayment of $40 (or $30 If I have outstanding Federal Perkins loans made before October I. 1992 that included the S30 minimum payment option) in accordance with the Minimum Monthly Payment Section of the Terms and Conditions contained on the reverse side of this document.) LATE CHARGES - The school will impose late charges If I do not make a scheduled payment when due or if I fail to submit to the school on or before the due date of the payment. a properly documented wrllten request that I qualify for any of the forbearance. deferment or cancellation benefits as described below. No late charges may exceed 20% of my monthly, bimonthly or quarterly payment. The school may add the late charges to principal the day after the scheduled repayment was due Or Include It with the next scheduled repayment after I have received notice of the charge. and such notice is sent before the next Installment is due. REQUESTS FOR DEFERMENT. CANCELLATION OR FORBEARANCE - To receive deferment. cancellation, or forbearance benefits. I must make a written request to the school and must submit to the school any documentation the school requires to prove my eligibility for these benefits. I am responsible for submitting the appropriate requests on time. and I may lose my benefits if I fail to nJe my request on time. DEFAULT, If I fail to make a scheduled payment when due; If I fail to submit to the school. on or before the due date of a scheduled payment. documentation that I qualify for a deferment, cancellation, or forbearance: or If ( fail to comply with the terms and conditions of this promIssOry note or written repayment agreement. the school may. at its option, declare my loan to be in default and may accelerate my loan (demand immediate payment of the entire unpaid balance of the loan. including principal. imerest. late charges, and collection costs). The school. and the Secretary. If my loan is assigned to the Secretary for collection, shall disclose to credit bureau organizations that ( have defaulted and all other relevant loan information. I wllllose my right to defer payments and my right to forbearance if I default on my loan. I wUllose my right to receive cancellation benefits for service that is performed after the date the school accelerated the loan. ( wUl be ineligible for any funher federal student financial assistance authorized under the Act until I make arrangements that are satisfactory to the school or the Secretary to repay my loan. CHANGE OF STATUS. ( will inform the school of any change in my name. address. telephone number. Social Security number. or driver's license number. ASSIGNMENT - This note may be assigned by the school only to the United States. The provisions of this note that relate to the school shall where appropriate relate to the assignee. PROMISE TO PAY: I promise to pay the school, or a subsequent holder of the PromisSOry Note, the sum of amount(s) advanced to me under the terms of this Note. plus interest and other fees which may become due as provided in this Note. I promise to pay all reasonable collection costs. including attorney fees and other charges. necessary for the collection of any amount not paid when due. I will not sign this Note before reading it. Including the provisions on the reverse side. This loan has been made to me without security or endorsement. My signature cenilies I have read. understand. and agree to the terms and conditions of this PromisSOry Note. THIS IS A LOAN(S) THAT MUST BE REPAID '-I ~ c-~.,l'v c.t' .j / ) Borrower's Signature '~ l-~~-- ! .I ,/ // / /' ? /- 1'1- 7( Date: Exhibit "e" Terms and Conditions (cant.) HARDSHIP REPAYMENT OPTIONS - Upon my wntten request. if I qualify as a low-income individual dunng the repayment penod. the school may extend the repayment period for up to an additional ten (10) years and may adjust any repayment schedule to reflect my ncorne. Upon my written request. the school may extend the repayment peiDd if. in its opinion. prolonged illness or unemployment prevent me from making the scheduled repayments during which time interest will contiBle to accrue. The school may pennit me to pay less than the minimum monthly repayment rate for a period of not more than one year at a time if I experience a period of prolonged illness or unemployment except such action may not extend the repayment period beyond 10 years. GRACE PERIODS - My initial grace period befcxe beginning repayment is 9 months. If I am a Less-Than-Half-Time Borrower with outstanding Federal Perkins Loans. my repayment begins when the neJll scheduled installment of my outstanding loan is due. If I am a Less- Than- HaIf- Time Borrower with no outstanding Federal Perkins Loans. my repayment begins the earlier of: 9 months from the date my loan was made. or 9 months from the date I became Jess than a half-time student. even if I received the loan after I became a less than half-time student. My payments will resume after a post-deferment grace period of 6 montm that follows deferments that apply to Federal Perkins loans. PREPAYMENT - I may prepay all or any part of my unpaid loan balance. plus any accrued interest. at any time Without penalty. Amounts I repay in the academic year in which the loan was made and before the initial grace period has ended will be used to reduce the amount of the loan and will not be considered a prepayment. If I repay amounts during the academic year in which the loan was made and the initial grace period ended. only those amounts in excess of the amount due for any repayment period shall be considered a prepayment. If. in an academic year other than the award year in which the loan was made. I repay more than the amount due for an install- ment. the excess will be used to repay principal unla'> [ destgnate it as an advance payment of the next regular installment. MINIMUM MONTHLY PAYMENT - I will make a minimum monthly repayment of $40 (or $30 if I have outstanding Federal Perkins loans made before October 1. 1992 that included the $30 minimum payment option) if required by the school. If the total monthly repayment rate on this loan and any outstanding Federal Perkins loans I may have is less than the minimum monthly repayment rate established by the school. the school may still require a minimum monthly repayment rate. A minimum monthly repayment amount will combine my obligation on this and all my outstanding Federal Perkins loans. Including those made at other schools. The portion of the minimum monthly payment that will be applied to this loan will be the difference between the minimum monthly payment and the total amounts owed at a monthly rate on my other Federal Perkins loans. If each school holding my outstanding Federal Perkins loans exercises the minimum monthly payment option, the minimum monthly repayment will be divided among the schools In proportion to the amount of principal advanced by each school. FORBEARANCE - Upon malting a properly documented written request to the school. I am entitled to forbearance of principal and interest or principal only, renewable at intervals up to 12 months for periods that collectively do not exceed three years. under the following condltiom: If my monthly Title IV loan debt burden equals or exceeds 20% of my total monthly gross Income; if the Secretary authorizes a period of forbearance due to a national military mobilization or other national emergency; or if the school determines that I qualify due to poor health or for other reasons. including service in AmeriCorps. Interest accrues during any period of forbearance. DEFERMENTS - Upon making a properly documented written request to the school. I may defer making scheduled Installment payments and will not be liable for any interest that might otherwise accrue 1) during any period that I am: enrolled and attending as a regular student in at least a half-time course of study at an eligible school; enrolled and attending as a regular student a graduate fellowship program approved by the Secretary: engaged in graduate or post-graduate fellowship-supported study outside the US: enrolled and attending a rehabilitation training program for disabled individuals approved by the Secretary; engaged in public service that qualifies me to have part or all of my loan canceled; 2) for a period not to exceed three years during which I am seeking but unable to fmd full,time employment. 3) for a period not to exceed three year.; during which I am experiencing an economic hardship as determined by the school. I am not eligible for a deferment while serving in a medical internship or residency program. I may continue to defer making scheduled installment payments and will not be liable for aICY IOten>.st that might otherwise accrue for a six-month period immediately following the expiration of any deferment penod described m this paragraph CANCELLATIONS - Upon making a properly documented written requeJt to the school. I am entitled to have up to 100% of the original principal loan amount of this loan canceled if I perform qualifying service in the areas listed in paragraphs A, B. C. D and E below. Qualifying Service must be perfolll1li:d after I receive the loan. A. Teaching' a full-time teacher in a public or other nonprofit elementary or secondary school. that has been designated by the Secretary in accordance with the provisions of section 465(a) (2) of the Act as a school with a high concentration of students from low'income families. An official Directory of designated low'income schools is published annually by the Secretary. . a full- time special education teacher in a public or nonprofit elementary or secondary school system. . a full-time teacher. in a public or other nonprofit elementary or secondary school system. who teaches mathematics. science, foreign languages. bilingual education. or any other field of expertise that is determined by the State Department of Education to have a shortage of qualified teachers in that State. B. Early Intervention Servic15 . a full-time qualified professional provider of early intervention services in a public or other nonprofit program under public supervision by a lead agency as authorized by section 672(2) of the Individuals with Disabilities Education Ar.t. Early Intervention Services are provided to infants and toddlers With disabilities. C. Law Enforcement or Comctions Officer' a full-time law enforcement officer for an eligible local. State. or Federal law enforcement agency; or . a full-time corrections officer for an eligible local. State. or Federal corrections agency. D. Nurse or Medical Technidan . a full-time nurse providing health care services: or . a full-time medical technician providing health care services. E. Child or Family Service Apncy . a full-time employee of an eligible public or private non'profit child or family service agency who Is providing or supervising the provision of services to high-risk children who are from low- income communities and the families of such children. Cancellation Rates' For each completed year of service under paragraphs A, B. C. D and E a portion of this loan will be canceled at the following rates: . 15% of the Original principal loan amount for each of the flfSt and second years: . 20% of the original principal loan amount for each of the third year and fourth years; and . 30% of the original principal loan amount for the fifth year. F. Head Start Cancellation - Upon making a properly documented written request to the school. I am entitled to have up to 100% of the original principal loan amount canceled for qualifying service performed after I receive the loan as: . a fuJI-time staff member in the educational component of a Head Start program which Is operated for a period comparable to a full school year and which pays a salary comparable to an employee of the local educa- tional agency. Cancellation Rate - For each completed year of service under the Head Start Cancellation provision. this loan will be canceled at the rate of 15% of the original principal loan amount. G. Military Cancellation - Upon making a properly documented written request to the school. I am entitled to have up to 50% of the principal amount of this loan canceled for qualifying service performed after I receive the loan as: . a member of the Armed Forces of the United States in an area of hostilities that qualifies for special pay under section 310 of Title 37 of the United States Code. Cancellation Rate - For each completed year of service under the Military Cancellation provision. this loan will be canceled at the rate of 12 1/2% of the original principal loan amount. H. Volunteer Service Cancellation - Upon making a properly documented written request to the school. I am entitled to have up to 70% of the original principal loan amount of this loan canceled for qualifying service performed after I received the loan as: . a volunteer under the Peace Corps Act; . a volunteer under the Domestic Volunteer Service Act of 1973 (ACTION programs) . Cancellation Rate - For each completed year of service under the Volunteer Service Cancellation provision. a portion of this loan will be canceled at the following rates: . 15% of the original princi pal loan amount for each of the flfSt and second 12-month periods of service: and' 20% of the original principal loan amount for each of the third and fourth 12-month penods of service. 1. Death and Disability Cancellation - In the event of my death. the school will cancel the total amount owed on thIS loan. If I become permanently and totally disabled after I receive this loan. the school will cancel the total amount owed on this loan 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 Tbomas~a.--.. Bursar of Dickinson College Dated: /3../ q /6L( F. \FlLES\DA T AFlLE\DickinsonCollege7619\Collections\Current\293-coml.wpd ~J \\ ...... 0' J::.. ~ () u '" o ~ ..0 ~ ~ ~ ,v..\ lr C) ( ! f"-.' CO) --;::1 , '. -n ., ..-\ ,... f \ , -II ,. ") ,.- -. ,...., , ,. .1,:-- ) '_? ~ , ( ;> - ''^ : , . ,.') c:! " .~ ;'~r1 ..-'-~ . C.) . lJ r<1 .....( I' ,I'll 1::-; I )..\TAI'IIF I);~~,,,;,,,,( '"h,:c' ',I" ('"Iie-d'"'''' CU"1'"'' :''11'1',,\1 C"""h',_I' \ ~K'()) I'I:US,\~1 )<"\'",:-1 I 11/U'i o.)",\\j 7(>1"(' 2')\ David R. Galloway, Esquire MARTSON DEARDORFF WILLIAMS & OTTO Ten East High Street Carlisle, P A 17013 (717) 243-3341 AltOl11eys for Plaintiff DICKINSON COLLEGE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 04-6245 CIVIL ACTION-LAW BENEDICT 1. PERRY, Defendant JURY TRIAL OF TWELVE DEMANDED PRAECIPE Please reinstate the attached Complaint against Benedict 1. Perry, in the above-captioned action and forward to Cumberland County Sheriff for service. MARTSON DEARDO BY~-- David R. Galloway, Esquire L D. Number 87326 Ten East High Street Carlisle, P A 17013 (717) 243-3341 Date: January 28, 2005 Attorneys for Plaintiff ,_.", (~ (~ -n (T': CJ.1 I ,r\ I"j ,\,^, o cq \"c.J F\F1LES\DA T AFILE\DickinsonColkge76] <)\Collec(;ons\ClllTen!\29J,p,.a2 Create'.\: 2,'24/05 JJOPM Rcvi~cd 2/251058.18AM 7619C29.\ David R. Galloway, Esquire MARTSON DEARDORFF WILLIAMS & OTTO 10 E. High Street Carlisle, P A 170 l3 (717) 243-3341 Attomeys for Plaintiff DICKINSON COLLEGE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 04-6245 CIVIL ACTION-LAW BENEDICT L. PERRY, Defendant JURY TRIAL OF TWELVE DEMANDED PRAECIPE TO SETTLE. DISCONTINUE & END Plaintiff requests the above-captioned matter be marked settled, discontinued and ended. MARTSON DEARDORFF WILLIAMS & OTTO By r:~ Davl . Gallow y, Esquire L D. Number 87326 10 E. High Street Carlisle, P A 17013 (717) 243-3341 Date: February 24,2005 Attomeys for Plaintiff . CERTIFICATE OF SERVICE I, Jean Taylor, an authorized agent of Marts on Deardorff Williams & Otto, hereby certify that a copy of the foregoing Praecipe was served this date by depositing same in the Post Office at Carlisle, P A, first class mail, postage prepaid, addressed as follows: Mr. Benedict L. Perry 1105 Whitfield Blvd. Reading, P A 19609-1137 MARTSON DEARDORFF WILUAMS & OTTO / /~ -~~. Bi Jea Taylor T ast High Street Caihsle, P A 17013 (717) 243-334l Date: February 24,2005 SHERIFF'S RETURN - OUT OF COUNTY ~SE NO: 2004-06245 P JMMONWEALTH OF PENNSYLVANIA: COillJTY OF CUMBERLAND DICKINSON COLLEGE VS PERRY BENEDICT L R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: PERRY BENDICT L but was unable to locate Him in his bailiwick. He therefore deputized the sheriff of DELAWARE County, Pennsylvania, to serve the within COMPLAINT & NOTICE On January 19th , 2005 , this office was In receipt of the attached return from DELAWARE Sheriff's Costs: Docketing Out of County Surcharge Dep Delaware Co 18.00 9.00 10.00 36.40 .00 73.40 01/19/2005 MDW&O So ans~. __-// ...... /)...-/ -e-.../:5.. . ...._...._'~.~/~ .....~.......... /......... ,c"". ."... . ~_'/' ......._/ c . ~~.....""'- ,._.._~' // R. ' Thomas Kl ine Sheriff of Cumberland County Sworn and subscribed to before me ; , J t hi s ;). i.f -;;. day of ~l..lAA..A A J'J J.."v SA. D . ,. \ Q~' ~ Y~rothono-€~~~ I ~t~ · 1 . In The Court of Common Pleas of Cumberland County, Pennsy vanIa ... " *' Dickinson College VS. Benedict L. Perry No. 04-6245 civil N December 16, 2004 ow, , I, SHERIFF OF CUMBERLAND COUNTY, P A, do hereby deputize the Sheriff of Delaware County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. ~'lr ^ ./.,/;" ~ . . _tt-'....-::/. . -." . ,"';' .-- . ,,;;.;~...,.,,;.;!'$'~ /:r'" J!;.~~""'~ '.' (' ,," '., Sheriff of Cum berland County, P A Affidavit of Service Now, ,20_, at o'clock M. served the within upon at by handing to copy of the original a and made known to the contents thereof. So answers, Sheriff of County, PA Sworn and subscribed before methis_dayof ,20_ COSTS SERVICE MILEAGE AFFIDA VIT $ $ II .. ~~ /2 ~1-/~ .. Sheriff \~ of ~ Ul1tbe ~~ l'ltt. ~~ "'1~ ~ . .-~ Q(j It' "':I:' """. !f}~ )fJ.;f~v."JfJ '-:~'.N ~.- . '" /. l'~ .. 1A"r;'. ,,', ,~ dJt /'; r,.. .JlI:\ r? 't ~." . .~,n~ ',,,, r,.', ",.p~ ~'11 1; !1,II,d..~, ,.,___,.~"'rl' Ql,'1.1 ,.,.' .' (", --"'~}~' .'iJ....":;, v;.~i",~.:'.!~r-~f.~'f. {rr~r~~1~? RONNY R. ANDERSON Chief Deputy R. THOMAS KLINE EDWARD L. SCHORPP Solicitor OFFICE OF THE SHERIFF JODY S. SMITH Real Estate Deputy One Courthouse Square Carlisle, Pennsylvania 17013 1r2//1/OL{ /vwi ~ I tJJ~ Il!#tt 3I-fOfJ TO: Hon. Joseph McGinn Delaware County Sheriff RE: Dickinson College VS Benedict L. Perry 04-6245 civil Dear Sheriff: Enclosed please fmd Notice and Canplaint :".~. 1 to be served upon ,_.~~~,... f fA&'II_~!"'~. ~9~11.. . , Kindly make service thereof and send us your return of service. NOTARIAL SEAL . KATHLEEN E McCUEl'4. NoI8l'Y PubliC Media Boro, Delaware Coonty My Commission Expires Apnl 7. 2006 in your County. ) \ 1 f D0 Very truly yours, .r~~J' R. Thomas Kline, Sheriff Cumberland County, Pennsylvania 'Enclosures: 01-/2 - ""k>oJ- /; 36f~' :r::::NFO-Il.J;e"" FfWM (l;1&r.. OfFtCE - P;4-lNtb/l.l ~~ ..rIPS ~1J{)QM(A'/'fJM... U&F. (11\~}'\i&J:).F-tz..cM 'il+l~ f:tr-'D:OUS..J A--l/VLQ~r q 'iPAfU- ,460' U IJ l T Pa.&3&AtnLt, j'~r~.:QE6f\N ,.crt ~l LV. 4f. U)J Gcc.u~j~ '\<d~ ~~ -'--- 1)z~'ttt Sit~~lfF SHE~IFF'S RETURN - OUT OF COUNTY . CASE NO: 2004-06245 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DICKINSON COLLEGE VS PERRY BENEDICT L R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent sea ch and and inquiry for the within named DEFENDANT , to wit: PERRY BENDICT L but was unable to locate Him in his bailiwick. He therefor deputized the sheriff of BERKS County, Pennsylvani , to serve the within COMPLAINT & NOTICE On February 28th, 2005 , this office was in receipt of t e attached return from BERKS Sheriff's Costs: Docketing Out of County Surcharge Dep Berks County So answers: 18.00 9.00 10.00 28.50 .00 65.50 02/28/2005 MDW&O ::>--- R. Thomas Kline Sheriff of Cumberland County Sworn and subscribed to before me this " day of ~.,q -'let.. 'J ./ ,7'<:::>&) A. D. t.J".~1~~ In The Court of Common Pleas of Cumberland County, Pem syl vania Dickinson College VS. Benedict L. Perry , 04-6245 civil No. - February 2, 2005 , I, SHERIFF OF CUMBERLAND COUNT} , P A, do ow, reby deputize the Sheriff of Berks County to execute this I/r it, this putation being made at the request and risk of the Plaintiff. ~;.' ~(;;k;:;; //,ij' _.:". .... ~4'f~" ....,":'/... ,. .,;; ~, ....: ~"'''-'J:fStt..(., rf' "_(:;:,,,:;~"':"[...f-" (' ~ Sheriff of Cumberland County, PA Affidavit of Service ow, ,20_, at o'clock M. sen ed the ithin on ;::- ~ , ;-- handing to - , . .. . i -~ ,,:) ! copy of the original .1-:: ~.~' d made 1m own to the.contents tqereof. .'0 " : So answers, <.n (/.1 Sheriff of County , fA COSTS om and subscribed before SERVICE $ this _ day of ,20_ MILEAGE AFFIDAVIT $ N he de N w up at by a an Sw me . SHERIFF OF BERKS COUNT 633 Court Street, Reading, P A 19601 Phone: 610-478-6240 Main Fax: 610-478-6222 Sheriff Fax: 610- Barry Jozwiak, Sheriff AFFlDA VIT OF SERVICE Eric J Weaknecht, hiefDeputy DOCKET NO. 04-6245 CIVIL COMMONWEALTIl OF PENNSYL V ANlA: COUNTY OF BERKS Personally appeared before me, David Franke, Deputy for Barry J. Jozwiak, Sheriff of Berks County, 33 Court Street, Reading, Pennsylvania, who being duly sworn according to law, deposes and says that on February 16, 2005 .t8:25 P.M., he served the annexed Notice and Complaint upon Benedict L. Perry, within named defendant, by handing a copy thereof to Benedict L. Perry, at lIDS Whitfield Boulevard, Spring Township, Berks County, Pa., and made known to defend e cont nts the f. CO.,P Swo~ and subscribed befo,,! me :thi~tl~ day of February, ,1005 " .; /l~' / ' ~jJ'O_~AR~,~UIC' ~ "!\)!ARIALSl.t\l I J.mm: Rodnguez. Notary PUbJlc RC,ldll1g, Berb COlHltv Mj C()lllPlISS/(H! expII"<; 0\:( ;':1 '6, ~~n7 I -- - _.".J .,PA Service made as set forth above. S{!:; q SHERIFF OF BERKS COUNTY, PA Sheriff s Costs in Above Proceedings $75.00 DEPOSIT $28.50 ACTUAL COST OF CASE $46.50 AMOUNT OF REFUND All Sheriff's Costs shall be due and payabte when services are performed, and it shall be lawful for him to demand and receive from the party instituting the proceedings, or any part liable for the costs thereof, all unpaid sheriffs fees on the same before he shall be obligated by law to make return thereof. _Sec. 2, Act ofJune 20,1911, P.LI 1072 .