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HomeMy WebLinkAbout04-6246F\FILES\DATAFILE1DickinsonCollege7619\Collections\Current\281-coml wpd Created 4/28103 1.54 03 PM Revised: 12/9(04 3 3427 PM 7619c 281/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- ,t '{b CIVIL ACTION-LAW MARIO D. BETTA, 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) 249-3 MARILLIAMS & OTTO By David R. Gallowa , squire I. D. Number 87326 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: December 9, 2004 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- CIVIL ACTION-LAW MARIO D. BETTA, 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: I . 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 Mario D. Betta is an adult individual with a last known address of 912 Balthaser Street, Harrisburg, PA 17112-1703. 3. On or about November 6, 1987, Defendant entered into a Promissory Note - Federal Perkins Loan Program (Note #1) with Plaintiff for the financing of $1,200.00 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 December 6,1988, Defendant entered into an additional PromissoryNote - 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 December 7,1989, Defendant entered into an additional Promissory Note - Federal Perkins Loan Program (Note #3) 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 "C." 6. Note #1, Note #2 and Note #3 are funds created under Part E of Title IV of the Higher Education Act of 1965 as amended (hereinafter the "Act") and are subject to the Act and the Federal Regulations issued under the Act. 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 $4,200.00. 9. Note #1, Note #2 and Note #3 grant Plaintiff reasonable collection and attorney's fees which Plaintiff has calculated to be $630.00. 10. As of September 30, 2004, the principal and interest due and payable by Defendant to Plaintiff was $5,614.41, plus interest accruing thereafter at $0.48 per day. 11. As of September 30, 2004, the outstanding balance of $5,614.41 represents the total and actual overdue value of the financing provided to Defendant under Note #1, Note #2 and Note #3 for which Defendant has yet to pay. 12. Plaintiff has fulfilled, performed and complied with all obligations and conditions of Note #1, Note #2 and Note #3. COUNTI 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 $5,614.41, plus interest accruing at $0.48 per day from September 30, 2004, collection and attorneys' fees in the amount of $630.00 and costs of suit. COUNT II IN QUANTUM MER UIT 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 $5,614.41, plus interest in the amount of $0.48 per day from September 30, 2004. WHEREFORE, Plaintiff demands judgment against Defendant in the amount of $5,614.41, plus interest in the amount of $0.48 per day from September 30, 2004, collection and attorneys' fees in the amount of $630.00 and costs of suit. MARTSON DE F WILLIAMS & OTTO By David R. Gallow I.D. Number 87326 Ten East High Street Carlisle, PA 17013-3093 (717) 243-3341 Attorneys for Plaintiff Date: December 9, 2004 DICKINSON COLLEGE CARLISLE, PENNSYLVANIA 17013 PROMISSORY NOTE PERKINS LOAN PROGRAM 1, Mario D_ Betta promise to pay to Dickinson College (herein after called the Lending Institution) located at Carlisle, Pennsylvania 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 attorney's fees and other reasonable collection costs and charges necessary for the collection of any amount not paid when due. I further understand and agree that: 1. GENERAL (1) Aoulicable 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 inter- preted in accordance with the Act and Federal Regulations, copies of which are to be kept by the Lending Institution. (2) Procedures for Receivina Deferment or Cancellation. I understand that in order to receive a deferment or cancellation, I mum request the deferment or cancellation in writing from the Lending Institution, and must submit to the Lending Institution any documentation required by the Lending Institution to prove that I qualify for the deferment or cancellation. I further understand that if I am eligible for deferment or cancellation under Articles V1 through XI. I am responsible for submitting the appropriate requests on time. 1 further understand that 1 may lase my deferment and cancellation benefits if I fail to file my request on time. II. INTEREST Interest shall accrue from the beginning of the repayment period and shall be at the ANNUAL PERCENTAGE RATE OF FIVE PERCENT (5%) on the unpaid balance, except that no interest shall accrue during any deferment period described in paragraph Vl(1). Ill. REPAYMENT (1) I promise to repay the principal and the interest which accrues on it to the Lending Institution over a period beginning 9 months after the date I cease to be at least a half-time student at an institution 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, unless paragraphs Ill(4), I[I(5), RI(7), or VI(l) applies, 10 years later. (2) Upon my written request, the repayment period may start on a date earlier than the one indicated in paragraph 111(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 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 111(3)(A), upon my written request, repayment may be made in graduated installments in accordance with a schedule ap- proved by the Secretary. (C) The Lending Institution shall attach the schedule of repayments and the schedule will become part of the note. (4) Notwithstanding paragraph 111(1), if I qualify as a low-income individual during the repayment period, the Lending Institution may, upon my written in- quest, extend the repayment period for up to an additional 10 years, or adjust any repayment schedule to reflect my income, or both. (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 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 troth principal and interest). (5)(B) if I have received Perkins Loans from other institutions and the total monthly repayment rate on those loans is lest than $30, the $30 monthly rate es- tablished under subparagraph III(5)(A) is the rate I pay on all my outstanding Perkins Loans and is not in addition to the amount 1 pay on those other loans. The amount of my monthly repayment rate attributable to this loan is the amount which represents the difference between $30 and the monthly rates 1 must pay on my other Perkins Loans. (6) The Lending Institution may permit me to pay less than the rate of $30 per month for a period of not more than one year where necessary to avoid hardship to me unless that action would extend the repayment period in paragraph 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), if, in is opinion, extraordinary circumstances such as prolonged illness or unemployment, prevent me from making the scheduled repayments. However, in- terest shall continue to accrue. IV. PREPAYMENT (1) I may, at my option and without penalty, prepay all or any part of the principal, plus the accrued interest thereon, at any time. (2) Amounts I repay in the academic year in which the loan was made will be used to reduce the amount of the loan and will not be considered a prepayment. (3) If I repay more than the amount due for any installment, the excess will be used to prepay principal unless I designate it as an advance payment of thc next regular installment. V. DEFAULT (1) The Lending Institution may, at its option, declare my loan to be in default and may demand immediate payment of the entire unpaid balance of the loan, including principal, interest, and late charges if - (A) I do not make a scheduled payment when it is due, and (B) I do not submit to the Lending Institution on or before the date on which payment is due, documentation that I qualify for a deferment or cancellation described in Articles VI, VII, Vlll, IX: X, or XI of this agreement. (2) 1 understand that if I default on my loan repayments, 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 repayment and the loan is sent to the Secretary for collection, the secretary may disclose that I have defaulted, along with other relevant information, to credit bureau organizations. (4) 1 understand that if the Lending Institution accelerates the loan under paragraph V(1), I will lox my cancellation and deferment benefits for service per- formed after the date the Lending Institution accelerated the ban. (5) I understand that failure to pay this obligation under the terms agreed upon will prevent my obtaining additional student financial aid authorized under Title IV of the Higher Education Act of 1965, as amended, until I have made arrangements which art satisfactory to the Lending Institution or the Secretary regarding the repayment of the loan. VI. DEFERMENT (1) Interest will not accrue, and installments of principal need not be paid - (A) While I am enrolled and in attendance as at least half-time student at an institution of higher education or at a comparable institution outside the United States approved for this purpose by the Secretary, (B) For a period of three (3) years during which I am - 0) On full-time active duty as a member of the Armed Forces of the United States (Army, Navy, Air Force, Marine Corps, or Coast Guard) or the Na- tional Oceanic and Atmospheric Administration Corps, or as an officer on full-time active duty in the Commissioned Corps of the United States Public Health Service, (ii) In service as a volunteer under the Peace Cotes Act, (iii) A volunteer under the Domestic Volunteer Service Act of 1973 (ACTION programs), (iv) A full-time volunteer in a tax-exempt organization performing service comparable to the service performed in the Peace Corps or under the Domes. tic Volunteer Service Act of 1973, or (v) Temporarily totally disabled as established by an affidavit of a qualified physician, or unable to secure employment because I am providing care m. quired by a dependent who is so disabled; (C) For a period not in excess of two (2) years after I receive a baccalaureate or professional degree during which time I am serving in an internship which is required in order that I may receive professional recogmtion required to begin my professional practice or send^e, or serving in as interrship or residency program Icadiag to a degree or certificate awarded by an institution of higher education, a hospital or a health care facility that offers postgraduate training; (D) For a period not in excess of one (1) year during which I as a mother of preschool age children, who has entered or reentered the work force, 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 sue months if - (i) I am pregnant, caring for my newborn baby, or caring for a child immediately after he or she was placed with me through adoption and I am not at- tending an eligible institution of higher education or being gainfully employed during the six month period, and (ii) 1 was enrolled as at least a half-time student at an eligible institution within six months of the first day of that period; and (F) During a six (6) month period following the expiration of any deferment provided in paragraphs VI(IXA) through VI(1)(E). (2) The (ending Institution may, upon my written request, defer my scheduled repayments if it determines that the deferment is necessary to avoid a finan- cial hardship for me. Interest, however, will continue to accrue VII. CANCELLATION FOR TEACHING (1) I am entitled to have up to 100 percent of the amount of this loan plus the interest thereon cancelled if I undertake service - (A) As a full-time teacher for a complete academic year in a public or other nonprofit elementary or secondary school which is in the school district of a local educational agency which is eligible in such year of service for funds under Chapter I of the Education Consolidation and Improvement Act of 1991, 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 teacher of handicapped children (including mentally retarded, hard of hearing, deaf, speech and language impaired, visually hand. icapped, seriously emotionally disturbed, orthopedically impaired, children with specific learning disabilities, or other health-impaired children, who by reason Exhibit "All thereof require special education and related services) in a public or other nonprofit elementary or secondary school system. (2) This loan will be cancelled at the following rates: (A) 15 percent of the total principal amount of the loan plus interest on the unpaid balance will be cancelled for the first and second complete academic years of that teaching service, (B) 20 percent of the total principal amount plus interest on the unpaid balance for the third and fourth complete academic years of that teaching service, (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 am entitled to have up to 100 percent of the amount of this loan plus the interest thereon cancelled if I undertake service as a full-time staff member in a Head Start program if - (A) That Head Start program is operated for a period which is comparable to a full school year in the locality, and (B) My salary is not more than the salary of a comparable employee of the local educational agency. (2) This loan will be cancelled at the rate of 15 percent of the total principal amount plus interest on the unpaid balance for each complete school year or the equivalent of service in a Head Start program. (3) Head Start is a preschool program carried out under the Head Start Act. (Subchapter B, Chapter 8 of Title VI of Pub. L 97-35, the Budget Reconcilia- tion Act of 1981; formerly authorized under section 222(a)(1) of the Economic Opportunity Act of 1964). IX. MILITARY CANCELLATION (1) 1 am entitled to have up to 50 percent of the principal amount of this loan plus the interest thereon cancelled if I serve as a member of the Armed Forces of the United States in an area of hostilities that qualifies for special pay under section 310 of Title 37 of the United States Code. (2) This loan will be cancelled at the rate of 12 V2 percent of the total principal amount plus interest on the unpaid balance for each complete year of such service. X. PEACE CORPS CANCELLATION (1) I am entitled to have up to 70 percent of the amount of this loan plus the interest thereon cancelled if I undertake service-- (A) As a volunteer under the Peace Corps Act; or (B) As a volunteer under the Domestic Volunteer Service Act of 1973. (2) This loan will be cancelled at the following rates: (A) 15 percent of the total principal amount of the loan plus interest on the unpaid balance will be cancelled for the first and second twelvemonth period of volunteer service; (B) 20 percent of the total principal amount of the loan plus interest on the unpaid balance will be cancelled for the third and fourth twetve-month period of volunteer service. XI. DEATH AND DISABILITY CANCELLATION (1) In the event of my death, the total amount owed on this loan will be cancelled. (2) If I become totally and permanently disabled after I receive this loan, the Lending Institution will cancel the total amount of this loan. XlL CHANGE IN NAME, ADDRESS, TELEPHONE NUMBER AND SOCIAL SECURITY NUMBER I am responsible, and any endorser is responsible, for informing the Lending Institution of any change or changes in name, address, telephone number or so- cial security number. XIIL LATE CHARGE (1) The Lending Institution may impose a late charge if - (A) I do not make a scheduled payment when it is due, and (B) I do not submit to the Lending Institution on or before the dale an which payment is due, documentation that I qualify for a deferment or cancellation described in Articles VI, VII, VIII, IX, X, and XI of this agreement. (2) No charge may exceed twenty (20) percent of my monthly, bimonthly or quarterly payment. (3)(A) The Lending Institution may- (i) Add the late charge to the principal the day after the scheduled repayment was due; or (ii) Include it with the next scheduled repayment after I have received notice of the late charge. (B) If the Lending Institution elects to add the assessed charge to the outstanding principal of the loan, it must so inform me before the due date of the next installment. XIV. ASSIGNMENT (1) This note may be assigned by the Lending Institution only to - (A) The United States; (B) Another institution upon my transfer to that institution if that institution is participating in this program; or (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 I hereby certify that I have listed below all of the Perkins Loans I have obtained at other institutions. (If no prior loans ham been received, state "None.") SCHEDULE OF PERKINS LOANS AT OTHER INSTTrU f1ONS AMOUNT DATE NAME OF 1NSiTTUTLON XVI. SCHEDULE OF ADVANCES The following amounts were advanced to me under this loan agreement on the dates indicated: AMOUNT DATE SIGNATURE OF BORROWER 1. $600 7/87 2. $600 12/87 NOTICE TO BORROWER DO NOT SIGN THIS NOTE BEFORE YOU READ IT. TIM LENDING INSTITU PION MUST' SUPPLY TO YOU AND ANY ENDORSER' A COPY? ?O-F THIS NOTE. (This note is signed as a scaled instrument.) SIGNATURE 0. j Date dc d 19U_. Permanent Address (Street or Box Number, City, State, and Zip) T111(10 )rn t, 01? y I PG yI . Social Security Number (borrower must provide) 11,R-S3 The borrower and Lending Institution shall execute this note without security and without endorsement unless the borrower is a minor and this note would not, under the law of the State in which the Lending Institution is located, create a binding obligation. If the borrower is a minor and this note would not therefore, be legally binding, the Lending Institution shall require a cosigner to this note: SIGNATURE OF COSIGNER Date Permanent Address (Street or Box Number, City, State, Zip) (20 U.S.C. 1087dd) Format by the National Association of Student Financial Aid Administrators. (7/87) UILKIN3UN LULLCrzC CARLISLE, PENNSYLVANIA 17013 PROMISSORY NOTE - PERKINS LOAN PROGRAM [Any bracketed claugg or Paragraph may be included at option of institution.] I, Mario U. Betta promise to pay to Dickinson College (hereinafter called the Lending Institution) located at Carl i c l p , PpirinSyl van i a the sum of the amounts that are advanced to me and an dorsed in the Schedule of Advances set forth below. 1 promise to pay all attorney's fees and other reasonable collection costs and charges necessary for collection of any amount not paid when due. 1 further understand and agree that: 1. 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 interpretec accordance with the Act and Federal Regulations, copies of which are to be kept by the Lending Institution. (2) Procedures for Receiving Deferment or Cancellation I understand that in order to receive a deferment or cancellation, I must request the deferment or c+ cellation in writing from the Lending Institution, and must submit to the Lending Institution any documentation required by the Lending Institution to prove 11 I qualify for the deferment or cancellation. I further understand that if I am eligible for deferment or cancellation under Articles VI through XI, I am responsibly for submitting the appropriate requests on time. I further understand that I may lose my deferment and cancellation benefits if I fail to file my request on tim 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 unpaic balance, except that no interest shall accrue during any deferment period described in paragraph VI(1). III- REPAYMENT (1) 1 promise to repay the principal and the interest which accrues on it to the Lending Institution over a period beginning 9 months after the date I cease to t at least a half-time student at an institution of higher education, or at a comparable institution outside the United States approved for this purpose by the United States Secretary of Education (hereinafter called the Secretary), and ending 10 years later, unless that period is shortened under paragraph 111(5), or a) tended under paragraphs 111(4), 111(7) (extensions), or VI(I) (deferments). (2) Upon my written request, the repayment period may start on a date earlier than the one indicated in paragraph III(t). (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. 1 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. (8) Notwithstanding paragraph 111(3)(A), upon my written request, repayment may be made in graduated installments in accordance with a schedule approved by the Secretary. (C) The Lending Institution shall attach the schedule of repayments and the schedule will become part of the note. (4) Notwithstanding paragraph 111(1), if I quality as a low-income individual during the repayment period, the Lending Institution, upon my written request, met extend the repayment period for up to an additional 10 years, and may adjust any repayment schedule to reflect my income. 1(5)(A) If the monthly rate that would be established under paragraph 111(1), or the total monthly repayment rate of principal and interest on all my Perkins Loans including this loan, is less than $30 per month, 1 shall repay the principal and interest on this loan at the rate of $30 per month (which includes both prin cipal and interest). (5) (8) It 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 111(5) (A) includes the amounts I owe on all my outstanding Perkins Loans including those received from other Institutions. The amount of this $30 monthly payment that will be applied to this loan will be the difference between $30 and the total of the amounts owed at a monthly rate on my other Perkins Loans. (6) The Lending Institution may permit me to pay less than the rate of $30 per month for a period of not more than one year where necessary to avoid hardship to me unless that action would extend the repayment period in paragraph 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), if, in its opinion, extraordinary circumstances such as prolonged illness or unemployment, prevent me from making the scheduled repayments. However, inter- est shall continue to accrue. IV. PREPAYMENT (1) 1 may, at my option and without penalty, prepay all or any part of the principal, plus the accrued interest thereon, at any time. (2) Amounts I repay in the academic year in which the loan was made will be used to reduce the amount of the loan and will not be considered a prepayment. (3) If 1 repay more than the amount due for any installment, the excess will be used to prepay principal unless 1 designate it as an advance payment of the next regular installment. V. DEFAULT (1) The Lending institution may, at its option, declare my loan to be in default and may demand immediate payment of the entire unpaid balance of the loan, including principal, interest, late charges and collection costs if- (A) I do not make a scheduled payment when due under the repayment schedule established by the Lending Institution, and (8) 1 do not submit to the Lending Institution on or before the date on which payment is due, documentation that 1 qualify for a deferment or cancellation described in Articles VI, VII, VIII, IX, X, or A of this agreement. (2) 1 understand that if I default on my loan, the Lending Institution may disclose that 1 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) 1 understand that after the Lending Institution accelerates the loan under paragraph V(1), 1 will then lose my right to defer repayments due after the date the Lending Institution accelerates the loan. (5) 1 understand that attar 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, 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 Title IV of the Higher Education Act of 1965, as amended, until I have made arrangements which are satisfactory to the Lending institution or the Secretary regarding the repayment of the loan. VI. DEFERMENT (1) 1 understand that upon making a property documented written request to the lending Institution, I may defer making scheduled installment payments, and will not be fable for any interest that might otherwise accrue, during the following periods: (A) While I am enrolled and in attendance as at least a half-time student at an institution of higher education or at a comparable institution outside the United States approved for this purpose by the Secretary; (8) 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 Corps, or Coast Guard) or the National Oceanic and Atmospheric Administration Corps, or as an officer on full-time active duty in the Commissioned Corps of the United States Public Health Service, (ii) In service as a volunteer under the Peace Corps Act, (iii) A volunteer under the Domestic Volunteer Service Act of 1973 (ACTION programs), (iv) A full-time volunteer in a tax-exempt organization performing service comparable to the service performed In the Peace Corps or under the Domestic Volunteer Service Act of 1973, or (v) Tonporariiy totally disabied as established by an affidavit of a qualified physician, or unable to secure employment because 1 am providing care required by a dependent who is so disabled; (C) For a period not in excess of two (2) years - (1) After I receive a baccalaureate or professional degree during which time I am serving in an internship which is required in order that I may receive professional recognition required to begin my professional practice or service, or (ii) serving in an internship or residency program leading to a degree dr certificate awarded by an institution of higher education, a hospital or a health care facility that offers postgraduate training; (D) For a period not in excess of one (1) year during which, if I am a mother of preschool age children, I have entered or reentered the work force, and am being paid at a rate which does not exceed $1.00 above the minimum hourly wage established by section 6 of the Fair Labor Standards Act of 1938; (E) For a period not in excess of six months -- (i) That follows by six months or less of a period during which I was enrolled as at least a half-time student at an eligible institution; and (ii) During which I am pregnant, caring for my newborn baby, or caring for a child immediately after he or she was placed with me through adoption and I am neither attending an eligible institution of higher education nor gainfully employed; and IF) During a six (6) month period immediately following the expiration of any deferment provided in paragraphs VI(1)(A) through VI(1)(E). (2) The Lending Institution may, upon my written request, defer my scheduled repayments if it determines that the deferment is necessary to avoid a financial hardship for me. Interest, however, will continue to accrue. VII. CANCELLATION FOR TEACHING (1) 1 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 "B" JA) As a full-time teacher in a public or other nonprofit elementary or secondary school which is in the school district of a local educational agency which is eligible in such year of service for funds under Chapter I of the Education Consolidation and Improvement Act of 1981, as amended, and which has been designated by the Secretary (after consultation with each State Department of Education) in accordance with the provisions of section 465(a)(2) of the Act as a school with a high concentration of students from low-income families. An official Directory of designated low-income schools is published annually by the Secretary, (6) 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 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, (e) 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) 1 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 it - (A) That Head Start program is operated for a period which is comparable to a full school year in the locality, and (8) My salary is not more than the salary of a comparable employee of the local educational agency. (2) This loan will be oanoslled at the rate of 13 percent of the total prlncipal amount plus interest on the unpaid balance for each complete school year or the equivalent of service in a Head Start program. (3) Head Start is a preschool program carried out under the Head Start Act. IX. MILITARY CANCELLATION (1) 1 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 I serve as a member of the Armed Forces of the United States in an area of hostilities that qualifies for special pay under section 310 of Title 37 of the United States Code. (2) This loan will be cancelled at the rate of 121/2 percent of the total principal amount plus interest on the unpaid balance for each complete year of such ser- vice. X. PEACE CORPS CANCELLATION (1) 1 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 1 perform service- (A) As a volunteer under the Peace Corps Act; or (B) As a volunteer under the Domestic Volunteer Service Act of 1973. (2) This loan will be cancelled at the following rates: (A) 15 percent of the total principal amount of the loan plus interest on the unpaid balance will be cancelled for the first and second twelve-month period of volunteer service completed; (B) 20 percent of the total principal amount of the loan plus interest on the unpaid balance will be cancelled for the third and fourth twelve-month period of volunteer service completed, XI. DEATH AND DISABILITY CANCELLATION (1) In the event of my death, the total amount owed on this loan will be cancelled. (2) If I become totally and permanently disabled after I receive this loan, the Lending Institution will cancel the total amount of this loan. XII. CHANGE IN NAME, ADDRESS, TELEPHONE NUMBER AND SOCIAL SECURITY NUMBER I am responsible, and any endorser is responsible, for informing the Lending Institution of any change or changes in name, address, telephone number or so- cial security number. Xiil. LATE CHARGE (1) The Lending Institution may impose a late charge if - (A) I do not make a scheduled payment when it is due, and (B) I do not submit to the Lending institution on or before the date on which payment is due, documentation that I qualify for a deferment or cancellation described In Articles Vl, VII, VIII, IX, X, and A of this agreement. (2) No charge may exceed twenty (20) percent of my monthly, bimonthly or quarterly payment. (3) (A) The Lending Institution may- (i) Add the late charge to the principal the day after the scheduled repayment was due; or (ii) Include it with the next scheduled repayment after I have received notice of the late charge, (B) If the Lending Institution elects to add the assessed charge to the outstanding principal of the loan, it must so inform me before the due date of the next installment. XIV, ASSIGNMENT (1) This note may be assigned by the Lending Institution only to - (A) The United States; (B) Another institution upon my transfer to that institution if that institution is participating in this program; or (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 1 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 the following amounts were advanced to me under this loan agreement on the dates indicated: AMOUNT DATE SIGN AT RE O 0 ROWER L .$750.00 7/88 'rZYwu: ? $750.00 12/88 ?? ?ru, r !?i ?a NOTICE TO BORROWER: DO NOT SIGN THIS NOTE BEFORE YOU READ IT. THE LENDING INSTITUTION MUST SUPPLY A COPY OF THIS NOTE 'O YOU AND ANY COSIGNER. [This note is signed as a sealed instrument.) tt p ;ignature '7Y?,ue ( a [(sea))] Date R f.? u l 19 Cti ,armanent Address (Street or Box Number, City, State, and Tp Code) d t ax ( f , s?f cw 4y Irj lC r? iocial Security Number (borrower must provide) ) jc(-??? - ?L J3 he borrower and Lending Institution shall execute this note without security and without endorsement unless the borrower is a minor and this note would not, nder the law of the State in which the Lending Institution is located, create a binding obligation. If the borrower is a minor and this note would not therefore, e legally binding, the Lending Institution shall require a cosigner to this note: agree to repay all amounts due on this loan if the borrower fails to do so in accordance with the terms of the note. ignature Of Cosigner [(seal)) Date 19 ermanent Address (Street or Box Number, City, State, Zip Code) 10 U.S.C. 1087dd) Format by the National Association of Student Financial Aid Administrators, 5/88. Ulk,kilrJUl1 4ULLLUL Carlisle, PA 17013 Tel: 717-245-1383 PROMISSORY NOTE - PERKINS LOAN PROGRAM Any bracketed p claauseeeor pa ttd raph may be included at option of institution,) promise to pay to Di rk i nson Col 1 ep (hereinafter called the Lending institution) located at rarl i S l p , Penney 1 v an i a the sum of the amounts that are advanced to me and en- dorsed in the Schedule of Advances set forth below. 1 promise to pay all attorney's fees and other reasonable collection costs and charges necessary for the collection of any amount not paid when due. 1 further understanb 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 aril Federal Regulations, copies of which are to be kept by the Lending Institution. (2) Procedures for Receiving Deferment or Cancellation I understand that in order to receive a deferment or cancellation, I must request the deferment or can- cellation in writing lrom the Lending institution, and must submit to the Lending Institution any documentation required by the Lending Institution to prove that I qualify for the deferment or cancellation. I further understand that if I am eligible for deferment or cancellation under Articles VI through XI, I am responsible for submitting the appropriate requests on time. I further understand that I may lose my deferment and cancellation benefits if I fail to file my request on time. il. INTEREST Interest shall accrue from the beginning of the repayment period and shall beat the ANNUAL PERCENTAGE RATE OF FIVE PERCENT (W on the unpaid balance, except that no Interest shall accrue during any deferment period described in paragraph VI(I). III. REPAYMENT (1) 1 promise to repay the principal and the interest which accrues on it to the Lending Institution over a period beginning 9 months after the date I cease to be at least a half-time student at an institution of higher education, or at a comparable institution outside the United States approved for this purpose by the United States Secretary of Education (hereinafter called the Secretary), and ending 10 years later, unless that period is shortened under paragraph III(5), or ex- tended under paragraphs 111(4), 111(7) (extensions), or VI(I) (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. [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. (8) Notwithstanding paragraph 111(3) (A), upon my written request, repayment may be made in graduated installments in accordance with a schedule approved by the Secretary. (C) The Lending Institution shall attach the schedule of repayments and the schedule will become part of the note. (4) Notwithstanding paragraph 111(1), if I qualify as a low-income individual during the repayment period, the Lending institution, upon my written request, may extend the repayment period for up to an additional 10 years, and may adjust any repayment schedule to reflect my income. ((5)(A) If the monthly rate that would be established under paragraph III(1), of the total monthly repayment rate of principal and interest on all my Perkins Loans including this loan, is less than $30 per month, I shall repay the principal and interest on this loan at the rate of $30 per month (which includes both prin- cipal and interest). (5) (8) If 1 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 111(5)(A) includes the amounts I owe on all my outstanding Perkins Loans including those received from other Institutions. The amount of this $30 monthly payment that will be applied to this loan will be the difference between $30 and the total of the amounts owed at a monthly rate on my other Perkins Loans. 16) The Lending Institution may permit me to pay less than the rate of $30 per month for a period of not more than one year where necessary to avoid hardship to me unless that action would extend the repayment period in paragraph ill(!).) (7) The Lending Institution may, upon my written request, reduce any scheduled repayments or extend the repayment period Indicated in paragraph lil(t), if, in its opinion, extraordinary circumstances such as prolonged illness or unemployment, prevent me from making the scheduled repayments. However, inter- est shall continue to accrue. IV. PREPAYMENT (t) 1 may, at my option and without penalty, prepay all or any part of the principal, plus the accrued interest thereon, at any time. (2) Amounts I repay in the academic year in which the loan was made will be used to reduce the amount of the loan and will not be considered a prepayment. (3) 111 repay more than the amount due for any installment, the excess will be used to prepay principal unless I designate it as an advance payment of the next regular installment. V. DEFAULT (1) The Lending institution may, at its option, declare my loan to be in default and may demand immediate payment of the entire unpaid balance of the loan, including principal, interest, late charges and collection costs if-- (A) (do not make a scheduled payment when due under the repayment schedule established by the Lending Institution, and (8) 1 do not submit to the Lending Institution on or before the date on which payment is due, documentation that I qualify for a deferment or cancellation described in Articles VI, VII, Vlll, IX, X, or XI of this agreement. (2) 1 understand that if I default on my loan, the Lending Institution may disclose that 1 have defaulted, along with other relevant information, to credit bureau organizations. (3) Further, I understand that if 1 default on my loan and the loan is transferred to the Secretary for collection, the Secretary may disclose th8t 1 have defaulted, along with other relevant information, to credit bureau organizations. (4) 1 understand that after the Lending Institution accelerates the loan under paragraph V(1), I will then lose my right to defer repayments due after the date the Lending Institution accelerates the loan. (5) 1 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 foam for any teaching, volunteer or military service described in Articles VII, Vlll 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 Title IV of the Higher Education Act of 1965, as amended, until I have made arrangements which are satisfactory to the Lending Institution or the Secretary regarding the repayment of the loan. VI. DEFERMENT (1) 1 understand that upon making a properly documented written request to the lending Institution, I may defer making scheduled installment payments, and will not be liable for any interest that might otherwise accrue, during the following periods: (A) While I am enrolled and in attendance as at least a half-time student at an institution of higher education or at a comparable institution outside the United States approved for this purpose by the Secretary; (8) 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 Corps, or Coast Guard) or the National Oceanic and Atmospheric Administration Corps, or as an officer on lull-time active duty in the Commissioned Corps of the United States Public Health Service, (ti) 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 a tax-exempt organization performing service comparable to the service performed in the Peace Corps or under the Domestic Volunteer Service Act of 1973, or (v) Temporarily totally disabled as established by an affidavit of a qualified physician, or unable to secure employment because; am providing care required by a dependent who is so disabled; (C) For a period not in excess of two (2) years - (i) After i receive a baccalaureate or professional degree during which time I am serving in an internship which is required in order that I may receive professional recognition required to begin my professional practice or service, or (ii) serving in an internship or residency program leading to a degree or certificate awarded by an institution of higher education, a hospital or a health care facility that offers postgraduate training; (D) For a period not in excess of one (1) year during which, if I am a mother of preschool age children. I have entered or reentered the work force, and am being paid at a rate which does not exceed $1.00 above the minimum hourly wage established by section 6 of the Fair Labor Standards Act of 1938; (E) For a period not in excess of six months -- (1) That follows by six months or less of a period during which I was enrolled as at least a half-time student at an eligible institution; and (ii) During which I am pregnant, caring for my newborn baby, or caring for a child immediately after he or she was placed with me through adoption and I am neither attending an eligible institution of higher education nor gainfully employed; and (F) During a six (6) month period immediately following the expiration of any deferment provided in paragraphs VI(l)JA) through VI(1)(E). (2) The Lending Institution may, upon my written request, defer my scheduled repayments if it determines that the deferment is necessary to avoid a financial hardship for me. Interest, however, will continue to accrue. VII. CANCELLATION FOR TEACHING (1) 1 understand that upon making a properly documented written request to the Lending Institution, I am entitled to have up to too percent of the amount of this loan plus the interest thereon cancelled it I perform service - ExhibiLt "C" (A) As a full-time teacher in a public or other nonprofit elementary or secondary school which is in the school district of a local educational agency which is eligible in such year of service for funds under Chapter I of the Education Consolidation and Improvement Act of 1981, as amended, and which has been designated by the Secretary (after consultation with each State Department of Education) in accordance with the provisions of section 465(a)(2) of the Act as a school with a high concentration of students from low-income families. An 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 be cancelled for each completed year of teaching service at the following rates: (A) 15 percent of the total principal amount of the loan plus interest on the unpaid balance will be cancelled for the first and second complete academic years of that teaching service, (B). 20 percent of the total principal amount plus interest on the unpaid balance for the third and fourth complete academic years of that teaching service, and (C) 30 percent of the total principal amount plus interest on the unpaid balance for the fifth complete academic year of that teaching service. VIII. HEAD START CANCELLATION (1) 1 understand that upon making a properly documented written request to the Lending Institution, I am entitled to have up to 100 percent of the amount of this loan plus the interest thereon cancelled if I perform service as a full-time staff member in a Head Start program if - (A) That Head Start program is operated for a period which is comparable to a full school year in the locality, and (B) My salary is not more than the salary of a comparable employee of the local educational agency. (2) This loan will be cancelled at the rate of 15 percent of the total principal amount plus interest on the unpaid balance for each complete school year or the equivalent of service in a Head Start program. (3) Head Start is a preschool program carried out under the Head Start Act. IX. MILITARY CANCELLATION (1) 1 understand that upon making a properly documented written request to the Lending Institution, I am entitled to have up to 50 percent of the principal amount of this loan plus the interest thereon cancelled if I serve as a member of the Armed Forces of the United States in an area of hostilities that qualifies for special pay under section 310 of Title 37 of the United States Code. (2) This loan will be cancelled at the rate of 12 112 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) 1 understand that upon making a properly documented written request to the lending institution, 1 am entitled to have up to 70 percent of the amount of this loan plus the interest thereon cancelled if 1 perform service- (A) As a volunteer under the Peace Corps Act; or (e) As a volunteer under the Domestic Volunteer Service Act of 1973. (2) This loan will be cancelled at the following rates: (A) 15 percent of the total principal amount of the loan plus interest on the unpaid balance will be cancelled for the first and second twelve-month period of volunteer service completed; (B) 20 percent of the total principal amount of the loan plus interest on the unpaid balance will be cancelled for the third and fourth twelve-month period of volunteer service completed. XI. DEATH AND DISABILITY CANCELLATION (1) In the event of my death, the total amount owed on this loan will be cancelled. (2) It I become totally and permanently disabled after t receive this loan, the Lending Institution will cancel the total amount of this loan. XII. CHANGE IN NAME, ADDRESS, TELEPHONE NUMBER AND SOCIAL SECURITY NUMBER I am responsible, and any endorser is responsible, for informing the Lending Institution of any change or changes in name, address, telephone number or so- cial security number. X111. LATE CHARGE (1) The Lending Institution may Impose a late charge if - (A) t do not make a scheduled payment when It is due, and (B) 1 do not submit to the Lending Institution on or before the date on which payment is due, documentation that I qualify for a deferment or cancellation described in Articles VI, VII, Vlll, IX, X, and A of this agreement. (2) No charge may exceed twenty (20) percent of my monthly, bimonthly or quarterly payment. (3) (A) The Lending Institution may- (i) Add the late charge to the principal the day after the scheduled repayment was due; or (ii) Include it with the next scheduled repayment after I have received notice of the late charge. (B) If the Lending Institution elects to add the assessed charge to the outstanding principal of the loan, it must so inform me before the due date of the next installment. XIV. ASSIGNMENT (1) This note may be assigned by the Lending Institution only to - (A) The United States; (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 Lending Institution shall, where appropriate, relate to an assignee. XV. PRIOR LOANS 1 hereby certify that I have listed below all of the Perkins Loans I have obtained at other institutions. (If no prior loans have been received, state 'None.') SCHEDULE OF PERKINS LOANS AT OTHER INSTITUTIONS AMOUNT DATE INSTITUTION 1. XVL SCHEDULE OF ADVANCES The following amounts were advanced to me under this loan agreement on the dates indicated: A NT ATE SIGNATURE OF g7ORROWER 1. 0.00 M9 l t i,r i k l,t 2. $750.00 12/89 3. 4. NOTICE TO BORROWER: DO NOT SIGN THIS NOTE BEFORE YOU READ IT. THE LENDING INSTITUTION MUST SUPPLY A COPY OF THIS NOTE TO YOU AND ANY COSIG ER. (This note is signed as a sealed instrument.] Signature ((seal)] Data Permanent Address (StreetorBoxNumber, City, State, andZpCode) t. (r{ t} ;(',, ;(,,,rr,rt (rra f? 1?,?A /?ll! Social Security Number (borrows( must provide) I -Y} . '? ) ,,, ? The borrower and Lending Institution shall execute this note without security and without endorsement unless the borrower is a minor and this note would not, under the law of the State in which the Lending Institution is located, create a binding obligation. If the borrower is a minor and this note would not therefore, be legally binding, the Lending Institution shall require a cosigner to this note: I agree to repay all amounts due on this loan it the borrower fails to do so in accordance with the terms of the note. Signature Of Cosigner {(seat) ) Date 19` Permanent Address (Street or Box Number, City, State, Zip Code) (20 U.S.C. 1067dd) Format by the National Association of Student Financial Aid Administrators, 5188 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 Ca'?? e--1- Thomas Meyer Bursar of Dickinson College Dated: /JeCFt?yl rev 9"w/ F: \FILES\DATAFILE\DickinsonCollege7619\Collections\Current\28I -com l .wpd C-..? T W ? U r ?J F\FILES\DATAFILE\DickinsonCollege7619\Collections\Curzent\281.pmI Cmued 214M 2'.41PM Rcvlsed. V4105 3:50PM 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. 04-6246 CIVIL ACTION-LAW MARIO D. BETTA, Defendant JURY TRIAL OF TWELVE DEMANDED PRAECIPE Please reinstate the attached Complaint against Mario D. Berta, in the above-captioned action and to Cumberland County Sheriff for service. MARTSON By David R. Galloway, I. D. Number 87326 Ten East High Street Carlisle, PA 17013 (717) 243-3341 & OTTO Date: February 7, 2005 Attorneys for Plaintiff C?, r. , l ;? ? r 95 ?? ??' ('i. - ?. tir, SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2004-06246 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DICKINSON COLLEGE VS BETTA MARIO D 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: BETTA MARIO D but was unable to locate Him deputized the sheriff of DAUPHIN serve the within COMPLAINT & NOTICE County, Pennsylvania, to On January 13th , 2005 this office was in receipt of the attached return from DAUPHIN Sheriff's Costs: So answer - Docketing 18.00 Out of County 9.00 Surcharge 10.00 R,.' Thomas Kline Dep Dauphin County 31.25 Sheriff of Cumberland County nn 00 . 6 7 01/13/2005 MDW&O Sworn and subscribed to before me this'd day of .LfrUS A. D. in his bailiwick. He therefore Prothonot'ar 11, The Court Gf Common P ea.s o C'u ber a Cau j, ennsyl a Dickinson College ?7s. Mario D. Betta No. 04-6246 civil Now, December 16, 2004 ,1, SHERIFF OF CUMBERLAND COUNTY, PA, do County to execute this Writ, thiS Liervvy uepi.iti e Lile 001-lGiiL17* of u ??.rI deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA Now, within upon at by handing to a and made known to Swam and subscribed before one this day of , 20 Affidavit of Service 20 , at o'clock M. served the copy of the original the contents thereat: So answers,' C9 Sheriff of CouT, PA r' COSTS SERVICE - MILEAGE _ AFFIDAVIT S (j)ffire Of ?e,?$4Exr'ff Mary Jane Snyder Real Estate Deputy William T. Tully Solicitor Dauphin County Harrisburg, Pennsylvania 17101 ph: (717) 255-2660 fax: (717) 255-2889 Jack Lotwick Sheriff Commonwealth of Pennsylvania County of Dauphin DICKINSON COLLEGE BETTA MARIO D Sheriff's Return vs No. 7181-T - - -2004 OTHER COUNTY NO. 04 6246 J. Daniel Basile Chief Deputy Michael W. Rinehart Assistant Chief Deputy I, Jack Lotwick, Sheriff of the County of Dauphin, State of Pennsylvania, do hereby certify and return, that I made diligent search and inquiry for BETTA MARIO D the DEFENDANT named in the within COMPLAINT and that I am unable to find him/her in the County of Dauphin, and therefore return same NOT FOUND, January 11, 2005 NBA-PER CURRENT OWNER, THOMAS GUNTHER (OWNER SINCE DECEMBER, 2000) HE DOES NOT KNOW DEFENDANT Sworn and subscribed to before me this 11TH day of JANUARY, 2005 NOTARIAL SEAL MARY JANE SNYDER, Notary Public Highspire, Dauphin County My Commission Expires Sept 1, 2006 So Answers, Sheriff of Dauphin County, Pa. By Tag Deputy Sher ff Sheriff's Costs:$31.25 PD 12/22/2004 RCPT NO 202508 SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2004-06246 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DICKINSON COLLEGE VS BETTA MARIO D Thomas Kline , Sheriff or Deputy Sheriff being duly sworn according to law, says, that he made a diligent sea?ch and and inquiry for the within named DEFENDANT , to wit: BETTA MARIO D but was unable to locate Him deputized the sheriff of CHESTER in his bailiwick. He there serve the within COMPLAINT & NOTICE County, Pennsylvania, to On February 22nd , 2005 , this office was in receipt attached return from CHESTER Sheriff's Costs: Docketing 18.00 Out of County 9.00 Surcharge 10.00 Dep Chester County 41.56 .00 78.56 02/22/2005 MDW&O So answersa = R. Thomas Kline Sheriff of Cumberland County Sworn and subscribed to before me this 7 day of n ?.D. t'_?_?Prctho otary In The Court of Common Pleas, of Cumberland County, Pent Dickinson College VS. LttiS?.L` Mario D. setta ZaCSFEB_g A?l?' ?6 No 04-6246 civil Now, February 7, 2005 hereby deputize the Sheriff of Chester County to execute deputation being made at the request and risk of the Plaintiff. •?' .vi?",e„?a ?"?.?'`a"- ?,"rte ;'.:'`..---„'?a'i Sheriff of Cumberland Count}, Affidavit of Service Now, within upon at by handing to a copy of the original and made known to a,llojo5 Op. ti6' 30 A!" Cb(1nP11P->4 fAX/\Ap?7s ?J < ?5 U /', K- ^ tx n . T. f ? a So answers, the contents Sheriff of COSTS Sworn and subscribed before SERVICE $ me this I day of Ate- 20 MILEAGE AFFIDAVIT _ NOTARIAL SEAL Rebecca S. Yepremian, Notary Public $ West Chester Born., Chester County My commission expires August 6, 2008 20,, at o'clock M. I, SHERIFF OF CUMBERLAND PA, do Writ, this the PA y S `7r/ ,73zE R. THOMAS KLINE Sher`: EDWARD L. SCHORPP Solicitor OFFICE OF THE SHERIFF One Courthouse Square Carlisle, Pennsylvania 17013 TO: Hon. Carolyn Welsh Chester County Sheriff <r7 YE , /?'/ ? S COSTS -9-oS sue'- Paid lice 3-a-os VY R. ANDERSON Chief Deputy JY S. SMITH Estate Deputy 71 Dear Sheriff: lC SHERIF Receipt I Last day to Dickinson College RE: VS Mario D. Betta 04-6246 civil Enclosed please find Notice and Complaint, reinstated to be served upon /' Mario D. Betta 200 E. Schuykill Road Pottstown, PA 19464 in your County. Kindly make service thereof and send us your return of service. )LI10le ? 16'.3 W PC,25- AU4: C.66Apl Ma?6 Y(>z ? , Very truly y s, R. Thomas Kline, Sheriff Cumberland County, Pennsylvania ?t? of ?ICum?er r `? t? GC t'1t - 9tL4 Ir r FPO ImFEB-9 A"Ja 16 )rY IIJ td ?11?L;- C`?. T. zix Enclosures: F:\FILFS\DATAFILE ckinsonCollege9619\Collmtiom\Cummt\201\201.prat Created'. 214105 341 PM Revised 9/13/05 3:44PM 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. 04-6246 CIVIL ACTION-LAW MARIO D. BETTA, Defendant JURY TRIAL OF TWELVE DEMANDED PRAECIPE SF$ Please reinstate the a4Mwiwd Complaint against Mario D. Betta, 9 Hanover Drive, Pottstown, PA 19464, in the above-captioned action and to Cumberland County Sheriff for service. WILLIAMS & OTTO By ' I - David R. Gal o ay, I. D. Number 87326 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Date: September 13, 2005 Attorneys for Plaintiff SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2004-06246 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DICKINSON COLLEGE VS BETTA MARIO D 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 BETTA MARIO D but was unable to locate Him , to wit: in his bailiwick. He therefore deputized the sheriff of MONTGOMERY serve the within COMPLAINT & NOTICE County, Pennsylvania, to On September 30th , 2005 , this office was in receipt of the attached return from MONTGOMERY Sheriff's Costs: Docketing 18.00 Out of County 9.00 Surcharge 10.00 Dep Montgomery Cc 33.00 Postage .74 70.74 09/30/2005 MDW&O So answers: R. Thomas Kline Sheriff of Cumberland County Sworn and subscribed to before me this L-1VA day of A.D. P- nota In The Court of Common Pleas of Cumberland County, Pennsylvania Dickinson College VS. Mario D. Betta No. 04-6246 civil Now, September 16, 2005 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Montgomery County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA Affidavit of Service Now, within upon at by handing to a and made known to So answers, Sheriff of Sworn and subscribed before me this day of , 20 20, at o'clock M. served the copy of the original COSTS SERVICE _ MILEAGE AFFIDAVIT the contents thereof. County, PA R, THOMAS KLINE Sheriff EDWARD L. SCHORPP Solicitor V ?o?.?t? of ?urn?ert$?d OFFICE OF THE SHERIFF One Courthouse Square Carlisle, Pennsylvania 17013 T0: Hon. John Durante RE: Dickinson College Montgomery County Sheriff Mario D. Betta 04-6246 civil Dear Sheriff: Enclosed please find Notice and Complaint, reinstated to be served upon D. Betta 9 Hanover Drive Pottstown, PA 19464 in your County. PERSONSM- - RONNY R. ANDERSON Chief Deputy JODY S. SMITH Real Estate Deputy -- ailmieend us your return of service. RELATION/PO„+r, .. f?G PLACE OF SERVICE TTME OF SERVICE DATE OF SERVICE NUMBER OF ATTEMPTS DEPUTY DEPUTY LAST DAY OF SERVICE `;LOS/ 4 -Of Very truly yours, R. Thomas Kline, Sheriff Cumberland Co Pennsylvania ,6 L/144 NUMBER: B-4566 2005 DATE: Sept. 21, 2005Aug. 29, COMMONWEALTH OF PENNSYLVANIA COUNTY OF MONTGOMERY Dickinson College Vs Mario D. Betta #9 Hanover Drive, Pottstown, PA 19464 W 55R"a So rid 5W5RS.. Johwv P. D u.rmnl s w o7 movgoum emam On Sept. 21, 2005 the deputy returned because there is no #9 Hanover Drive, in Pottstown, PA 19464 Deputy Sheriff Klass RAi1LPSVDATAPII,F.ADfekinsonCallcgc9619ACullcaions?Cmientl261Apro3 CreWd 14/05 34IPM Revised. 3'2W06 856AM Christopher E. Rice, Esquire MARTSON DEARDORFF WILLIAMS & OTTO I. D. No. 90916 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. 04-6246 CIVIL ACTION-LAW MARIO D. BETTA, Defendant JURY TRIAL OF TWELVE DEMANDED PRAECIPE Please reinstate the Complaint against Mario D. Berta, 13625 E 28`h Place, Tulsa, OK 74134, 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 Carlisle, PA 17013 (717) 243-3341 Date: March 29, 2006 Attorneys for Plaintiff F:IFILE S\Dick insonCollege7619\Coi lections\Current 126 11281. pra 2 Created. 2/4/05 ;.4I PM Revised. 7/ 19/07 9-.41 AM Christopher E. Rice, Esquire Attorney I.D. No. 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. NO. 04-6246 CIVIL ACTION-LAW MARIO D. BETTA, Defendant JURY TRIAL OF TWELVE DEMANDED PRAECIPE Please reinstate the Complaint in the above-captioned matter. MARTTSSON LAW OFFICES Christopher E. Rice, Esquire I. D. Number 90916 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Date: 1//7/0-7 Attorneys for Plaintiff C? } N c: ; ?:? ' ?? r c? _..., -,"! c?.. ? ?, _ ?? ?.. _ `; ?' ?` , ?, w K,=' _ -t: F:\FILES\DickinsonCollege7619\Collections\Current\28I \7619C.28 L aff. duediligence Created: 2/4/05 3:41PM Revised: 8/13107 4:57PM Christopher E. Rice, Esquire MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES I.D. No. 90916 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff DICKINSON COLLEGE, Plaintiff V. MARIO D. BETTA, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-6246 CIVIL ACTION-LAW : JURY TRIAL OF TWELVE DEMANDED PROOF OF SERVICE AND COST OF SERVICE PURSUANT TO THE PENNSYLVANIA LONG ARM STATUTE To the Prothonotary: Attached is the Affidavit of Service indicating Defendant was served with the Reinstated Complaint on August 1, 2007. Additionally, we attach an invoice showing the total cost of service was $50.00. MARTSON LAW OFFICES By a4l?? S K---- Christopher E. Rice, Esquire Ten East High Street Carlisle, PA 17013 (717) 243-3341 Date: ? 1 ? j'o 7 Attorneys for Plaintiff Tulsa County Sheriffs Office Docket/Case No: 04-6246 [ X ] Personal Service (also Corporation Service) I certify and return that I received the foregoing Order on Monday, July 30, 2007 1:07 PM and that I delivered a copy of said Order, with attachments thereon, to each of the following named persons: Name Address Date of Service Billable Amount BETTA, MARIO 11818 E. 25TH ST TULSA, 0810112007 09:55 OK Returned Notes: NO LONGER LIVES AT PARENTS HOUSE, 13625 E. 28TH PL. Total Billable Amount [ ] Posted to premises I certify that I received the foregoing on , and that I delivered a copy of said , with attachments thereon, to each of the following named persons: Name Address Date of Service by posting to premises, and completed this service in accordance with the enclosed instructions on [ ] Residential / Business Service I certify that I received the foregoing on , and that on_ served by leaving a copy of said , with attachments thereon, at which is his usual place of residence / business, with a member of his family over fifteen (15) years of age. [ ] Not Found I received this on are not found in said county. I certify that the following persons: Signature DUNCAN, RALPH [DEPUTY III] Additional Notes: 4 % JW MONEY RECEIPT'S FOR OUT OF STATE PAPERS 27188 OFFICE OF THE SHERIFF TULSA COUNTY STATE OF OKLAHOMA Date +--? ATulsa, Oklahoma ` ` 30`_ Served Not Served Stanley Glanz, Sheriff by: hAD t CERTIFICATE OF SERVICE I, Mary M. Price, an authorized agent for Martson Deardorff Williams Otto Gilroy & Faller, hereby certify that a copy of the foregoing Proof of Service and Cost of Service was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Mario Betta 11818 E. 25`h Street Tulsa, OK 74134 MARTSON LAW OFFICES By AAA D? M Price Ten E st High Street Carlisle, PA 17013 (717) 243-3341 ? r'' ?' ?' c,`a -,-s ? -? _ '_. V;, f ? .' f ?. ?}? ..d+ - ? ? t ??> ? i 1 .. J ?? ?^ ; F: \FILES\Clients\Dickinso nCo l lege7619\C o llections\Current\2 81 \7619C.281. pra. default Created: 2/4/05 3:41PM Revised: 6/6/08 8:27AM Christopher E. Rice, Esquire MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES I.D. No. 90916 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff DICKINSON COLLEGE, Plaintiff V. MARIO D. BETTA, Defendant TO THE PROTHONOTARY: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-6246 CIVIL ACTION-LAW : JURY TRIAL OF TWELVE DEMANDED PRAECIPE Enter default judgment in the above-captioned action in favor of Plaintiff and against Defendant Mario D. Betta, in the amount of $5,614.41, plus late fees costs of suit and interest from date of judgment as per the Notes attached to the Complaint for Defendant's failure to file an answer to the Complaint. I do hereby certify that a written notice of intention to file this Praecipe was mailed to the Defendant at the address indicated thereon, on August 21, 2007, which date was subsequent to the date default occurred and at least ten (10) days prior to the date of the Praecipe. MARTSON LAW OFFICES By Christopher E. Rice, Esquire I.D. Number 90916 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: &`(9//'0Q Attorneys for Plaintiff F \FILES\DickinsonCollege7619\Collections\Current\281 \7619C.281.10daynotice Created. 214/05 3AIPM Revised: 8/21/07 10:08AM Christopher E. Rice, Esquire MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES I.D. No. 90916 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff DICKINSON COLLEGE, Plaintiff V. MARIO D. BETTA, Defendant TO: MARIO D. BETTA 11818 East 25" St., Tulsa, OK 74134 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-6246 CIVIL ACTION-LAW : JURY TRIAL OF TWELVE DEMANDED DATE OF NOTICE: August 21, 2007 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 Telephone:(717) 249-3166 MARTSON LAW OFFICES By (2 4 _' - i -- Christopher E. Rice, Esquire This is a debt collecting firm attempting to collect a debt for Dickinson College. Any information obtained will be used for that purpose. Christopher E. Rice, Esquire MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES I.D. No. 90916 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff DICKINSON COLLEGE, Plaintiff V. MARIO D. BETTA, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-6246 CIVIL ACTION-LAW : JURY TRIAL OF TWELVE DEMANDED AFFIDAVIT AS TO MILITARY SERVICE COMMONWEALTH OF PENNSYLVANIA ) :SS. COUNTY OF CUMBERLAND Christopher E. Rice, Esquire, being duly sworn according to law, deposes and says that he has authority to make this affidavit on behalf of his client, and to the best of his knowledge, information and belief, the Defendant above named is not in the military service of the United States of America, that he has knowledge that the said Defendant is now living at: 11818 East 25 1h Street, Tulsa, OK 74134. Said Defendant's place of employment is unknown. Sworn t and subscribed before me this C day of , 200e O'e?, "/ S //?, Christopher E. Rice, Esquire COMMONWEALTH OF PENNSYLVANIA Notaft Seal Mery M. Pdoee, Notary Public Caft a Boro, Currrbertarrd County My Carlntl IM Worse Aug. A 2011 Mem er, Pennsylvania Association of Notaries Christopher E. Rice, Esquire MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES I.D. No. 90916 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff DICKINSON COLLEGE, Plaintiff V. MARIO D. BETTA, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-6246 CIVIL ACTION-LAW : JURY TRIAL OF TWELVE DEMANDED COMMONWEALTH OF PENNSYLVANIA ) : SS COUNTY OF CUMBERLAND Christopher E. Rice, Esquire, being duly sworn according to law, deposes and says that he is an employee of MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER, attorneys for the Plaintiff in the above captioned matter and that pursuant to the provisions of the Pennsylvania Rules of Civil Procedure, a notice of intention to enter default judgment against the Defendant was given to him by mail on August 21, 2007. S Christopher E. Rice, Esquire Sworn to and subscribed before me this day o20At 114 t,>dtf r-) - COMMONWEALTH OF PENNSYLVANIA Notarial Seal Mary M. Price, Notary Public Carlisle Boro, Cumberland County My Commission E)ires Aug. 18, 2011 Member, Pennsylvania Association of Notaries CERTIFICATE OF SERVICE I, Mary M. Price, an authorized agent of MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER, hereby certify that a copy of the foregoing Praecipe was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Mr. Mario D. Betta 11818 East 25' Street Tulsa, OK 74134 MARTSON LAW OFFICES By VT - Ma . Price Ten st High Street Carlisle, PA 17013 (717) 243-3341 Dated: -ldlo0 THIS IS A DEBT COLLECTING FIRM ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. Q r, c ?.a P cT v =?=?"? 3 QCs 6rn >C ° w -? `T e_ T Christopher E. Rice, Esquire Attorney I.D. No. 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 V. MARIO D. BETTA, Defendant : CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-6246 CIVIL ACTION-LAW : JURY TRIAL OF TWELVE DEMANDED TO: MARIO D. BETTA, DEFENDANT NOTICE OF ENTRY OF DEFAULT JUDGMENT You are hereby notified that on ? 6o , 2008, the following Judgment was entered against you in the a ove-captioned case: Judgment in the amount of $5,614.41, plus costs of suit, attorneys' fees and interest from date of judgment as per the Notes attached to the Complaint for Defendant's failure to file an answer to the Complaint. Date: j wo s 1 ? Prothonotary I hereby certify that the name and address of the proper person to receive this notice under Pa. R. Civ. P. 236 is: Mario D. Betta 11818 East 25" Street Tulsa, OK 74134