Loading...
HomeMy WebLinkAbout04-6247 F \FlLESIDA T AFILElDickinsonCollege7619\Collections\Current\285.coml wpd Created: 4/28/03 1.54:03 PM Revised' 12/13/049'40'20 AM 7619c 285iLC2 David R. Galloway, Esquire MARTSON DEARDORFF WILLIAMS & OTTO J.D. 87326 10 East High Street Carlisle, P A 17013 (717) 243-3341 Attorneys for Plaintiff DICKINSON COLLEGE, Plaintiff v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04- I..e ^' 'i) CIVIL ACTION-LAW LORI A. DAVIS, 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. IFYOUDONOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCE FEE OR NO FEE: Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 M WILLIAMS & OTTO Dated: December 13, 2004 By David R. Galloway, 1. D. Number 87326 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff \ DICKINSON COLLEGE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 04- CNIL ACTION-LAW LORI A. DAVIS, 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 Lori A. Davis is an adult individual with a last known address of 103 Marlborough Street, Boston, Massachusetts 02116-1918. 3. On or about January 19, 1987, Defendant entered into a Promissory Note - Federal Perkins Loan Program (Note #1) with Plaintiff for the financing of$1 ,500.00 plus interest and costs by Defendant on her own behalf, for educational services and benefits at Plaintiffs institution. A copy of Note #1 is attached hereto as Exhibit "A." 4. On or about December 2, 1987, Defendant entered into an additional Promissory Note - Federal Perkins Loan Pro gram (Note #2) with Plaintiff for the fmancing of $1,500.00 plus interest and costs by Defendant on her own behalf, for educational services and benefits at Plaintiffs institution. A copy of Note #2 is attached hereto as Exhibit "B." 5. Note #1 and Note #2 are funds created under Part E of Title N of the Higher Education Act of 1965 as amended (hereinafter the "Act") and are subject to the Act and the Federal Regulations issued under the Act. 6. As provided in the Act, Plaintiff acts in a fiduciary capacity in the handling, disbursing and collecting of funds associated with the programs under the Act. 7. The total principal for Note #1 and Note #2 is $3,000.00. 8. Note #1 and Note #2 grant Plaintiff reasonable collection and attorney's fees which Plaintiff has calculated to be $500.00. 9. As of November 16, 2004, the principal and interest due and payable by Defendant to Plaintiffwas $2,494.65, plus interest accruing thereafter at $0.23 per day. 10. As of November 16, 2004, the outstanding balance of$2,494.65 represents the total and actual overdue value ofthe financing provided to Defendant under Note #1 and Note #2 for which Defendant has yet to pay. 11. Plaintiffhas fulfilled, performed and complied with all obligations and conditions of Note #1 and Note #2. COUNT I BREACH OF CONTRACT 12. Plaintiff hereby incorporates by reference the averments contained in Paragraphs 1 through 11 of this Complaint. 13. Defendant breached the expressed and implied obligations, conditions and terms of agreement of Note #1 and Note #2 by failing to pay the amounts financed therein. WHEREFORE, Plaintiff demands judgment against Defendant in the amount of$2,494.65, plus interest accruing at $0.22 per day from November 16,2004, collection and attorneys' fees in the amount of $500.00 and costs of suit. COUNT II IN QUANTUM MERUIT 14. Plaintiff hereby incorporates by reference the averments contained in Paragraphs 1 through 13 of this Complaint. 15. Having requested Plaintiffto loan money, and doing so to the benefit of Defendant, Defendant became liable to Plaintiff for said money. 16. Defendant has been unjustly enriched by accepting said money without paying Plaintiff reasonable compensation therefor. 17. As of November 16, 2004, the total amount by which Defendant has become enriched is $2,494.65, plus interest in the amount of $0.22 per day from November 16, 2004. WHEREFORE, Plaintiff demands judgment against Defendant in the amount of$2,494.65, plus interest in the amount of$0.22 per day from November 16,2004, collection and attorneys' fees in the amount of $500.00 and costs of suit. Date: December 13, 2004 B \ Y ____ David R. Galloway LD. Number 87326 Ten East High Street Carlisle, P A 17013-3093 (717) 243-3341 Attorneys for Plaintiff DICKINSON COLLEGE CARLISLE, PENNSYLVANIA 17013 PROMISSORY NOTE l N,ATIONJ\~ DIRECT STUDENT LOAN PROGRAM I [J I( I J )0 l) I S promi.. to poy to Dickinson College (hereinafter called the Lending InsllluHon) loeated at Carlisle, Pennsylvania. the slim of the amounts that are advanced to me and endnrsed in the Schedule of Advances!.el forth below. I promise to pay all attorney's hes and other reasona- ble collection costs and charltcs nt'cessary for the collt"('ljon of any amount not paid when due. However. if the Lendin& Institu- lion uses a collection i'5~cncy. which is subject to lhe Fair Debt Collection Practices Act, I will pay those collection costs which do not exceed 25% of the unpaid principal and interest. ~---'----~-~------Sci..iEDULE OFAl5\lANCES jl:, )' '/,' I }S<'I ISO DATE J,i7 !SI/TT~ju~(~AKE.R (; r/t11 (0 rfltr/~ V \/ YEAR TERM AMOUNT DATE SIGNATURE OF MAKER YEAR TERM AMOUNT 10 " 12 l3 14 15 , 6 s;.n~atu.. -~-t=t I ~1;='T![Fl {-~~-- .. _.=- Dat. 1 OIJlli/IWl Ttll'! t.f (j r;; 11-,.19 rJ 7.' . r )..- r.rm"".nt oddress ",f H[1S r ;n Z(ran~?, fA /7[,1f ~Ji I,' -J(Slrce~ ~r Bo~ Numier,City, St..h~. and Zip Code) Social Security Numher f1I(g tJl ( - h'J'" - rI ;?-I _ I further understuld and acrce that: I. GENERAL \ }/6&, :t:l~<<"'~::l:e~d:~~("~~l:~n~\~\,t~~dn~tee s~~~J:::\~~ :~~~ ~l~:~~ Ulee.~~~~el\:J;'i.fa~~~s~~~~ie~Vu~~~~~~lcf::' i~~et~~::'~ :fC~h~: nute must h(' lntnructed in ilccordamce with thc Ad and Federal Ilt'"nliltions, copies uf whl('h arc to be kept by the Lendinlln- stltutiun. (2) 1 understnnrt that If I am clhtihle tor dt'h'rment or t'anccllatiOl\ undt'r Arlicles VI throuch IX. t am responsible for .uba miUmK till' apprnprillte requ('!ols nn time. ' II. INTEREST r;[~; Interest shall accrue from the beeinning of the repayment period and sha.1I be at the ANNUAL PERCENTAGE RATE OF--1. intert'st on the unpaid bal;:mce except that IHI interest shalt <\C'crue during .my defermrnl period descnbC'd in subparaeraphs VI (1) (A), (B), (e) and (ll). III. REPAYMENT L~~inni;:c6P~~snrh~V~~t~~ it~:~r:t~iP~c~~~ \~\)~ ~~ol~~:~ ~ohr:lf~r~~ell~:~~~ir~lt I\~~d i~~~i~~I~i~~stof~\:~:rc:d::.c:~~t, ~'i~ta ~~~~ parAble In.lltnUnn onhide the United StAte.. approved fur thl. l1urpou by th~ United Shte. Secretuy or Education (here'nalter called the Secretnry). Mild t'ndinQ;, Ilnle1l15 para~r,lph.. III (..I) Of VI (]J (deferment) applit's. 10 years later. (2) I ntay, hnwevf'r. reqlll'st that the repayment period start on an earlh'r date. (3) I promise to r"I)~Y the principal and int(~rest over th" ~OUrsf' of the ff'payment pp.riod in equal monthly, blmonthlx or ~tl~~I~e:111~!o h~~\~I~~f~~~~' i~ls ::~~::;::;~ ~ht~I~~~ecrll~I~~g al;~~~~~~obY l:t~:Svee:;eit~:;~~~eesitihr:.p~~~~~t:~h:Xj: ~a:eep~~~:~r~~U ~; attached to and made part of this nolt'. (4) Notwithstanding paugroph III (1), if I lI\l,.lif)' as a low.incomf' individU<t1 dunnK the repayment period. the Lendinj InsU. ~~:N~c~ :~Yi;'~~~t~ ~~1~:t~~: extend the repaynu:nl period (or up 10 un additiona.l 10 yeara or adjust any repayment ache ule to (5) (A) I shall repay the principal and interest on this loan at the rate of $30 per month (which includes bot.h principal and in(en>st) even thuul1.h the munthly ute that wuuld b(' estahlish<<"tI undu pau~raph III (1) i. lest than that amount, If the total monthly repa)'ment rah' uf principal and intf'rc~t 011 all illY l\ational I>in'('( ilnd Nalional Defense Loans. tnc:ludtnl this loan. is Jess than $30 per month. ~~le (:~ th (~!e II~:::: i~el~.~isvr~n;; $tAo7~:, ~$ rieO" ~o~rtl~; f :~~ca~s~~bi~s\'~d:~d ~rro~ bO~~)r~rg~~ ~t~t rN(5) (~~ ~h:h~o ::feio:at:~nr:ft~~~~tt. standina National Defense and NatIOnal Dired Loan!'; and is not in addition to the.' amount I pay on those other loans. ~~(~~c<<~ the~,f 1~~i~~O~~~Wu~i~,~r,":r~~t a~~~:u~~t e~}a~l~~~~n\H~~:rrt's~~~~)~,r:I~~ar~~e 1 ~\t<J6j~abren~01 ~hai~e l~~~el:et~eN :~~~~lt ~i~i~~ ~eo~~ St'nh the Utfft'rt~lI(,f hctwecn 830 ,:lIId the monthh' rates I mlUlt pa)' un my othl:1' National Defense and National Direct Loans. (6) A schedule of repa~ment will be attacht'd to and made part of this note. (7) The Lendmg Institution may permit me to pay le!>s than the rate of $30 per month for a period of not more than one year where nf'cessary to Dvoid hardhsip to me unless that action wnuld f'xtend th(' repayment period in paralraph III (I), IV_ PREPAYMENT (1) t may at my option and without penalty prepay all or any pari of the principal, plu. the accrued interest thereon, at any lime. (2) Amounts I repay in the academiC' yeo.r in which the loan wu made will be used to reduce the .moun~ of the loan and wW nut h~ considered ~ l'fCpn) ment. ell If 1 n:lllf.)' Illore Ihan Ihe amount due lor any installment, the exees.. will be used to prepay principal unless I desilnate it as an ad...ance paymcnt uf the nt'xt l(,~lIlar inslallment. V. DEFf.ULT (I) If I fail to make a scheduled repayment of any installment or I fail to file cancellation or deferment forms with the Lend- ~~~ar~~~~i~liU~)~t ~~et~~~i()~~tn:~ri.~~~ft~gd l~ns~I~~~i~~~~se~~~l~dj~~,~nd\~rt~~I~ ~l:l~ ~'~~ ~;~raubel~. thereon, plus any applicable penalty ~~ller r~I~~~~I::si~a;;'~~~~~(:I~.I t~e~:~:ntb'u~~~<~ar~:I~r,aa~~~~.ts the Lendina Institution may disclose that I have defaulted, .Ione with ~~~rt!ta~~lr~~e; 'dL~~~I~'i,::~r ht~~,::t dl~ r~urt~fd.u~to~~ :irh 1::~I~e~t"f~f:~I~~~:l r:~r~~tt\~.~~~~ ~'r:dUt bt~r:~~ :r~~r~it7.-:,~of::;. collection, the VI. DEFEHl\IENl' (1) Interest will not accrue, and installments need not be paid. _ (A). Whi.le I am enrolled and in attendance as at least a half-time studf'nt at an institution of hicher education or at a compa.:ca- ble institution outside the United States approved for this IHlrpos(' by the Secrctary, (8) For a period not in excess of 3 years dunng which 1 am -- (i) on full-time actiye duty ~ a,m('mb~r of Ihe. Armed Forces~f the United States (Army, Navy, Air Force, Marine Corps, or Coast Guard), or an orrlcer on full.tlme actIVe duty III Ihe CommiSSIOned Corps of the U. S. Public Health Service, (ii) in service as a Volunteer under the Peace Corps Act, (iii) a volunteer undel" the Domestic Volunteer ServiC"e Act of 1973, (iv) a full-lime vulunteer In a tax-exempt ou:anl7-ation performing s('rvicc comparable to the service performed in the Peace Corps or under the Domestic Volunteer Service Act of 1973 (ACTION al'tl"ncy programs), or \V2m prt~~J>I~~a~~~e ~~'~~lli~e~i~:~ldy ~p~)~~:eb~~~(~~S ~~ dis=~fli~~a,V1l of a <Iuahfted physiCian, or unable to secure employment because Exhibit IlAIl (C) For a period not In eXCflS:1I of two years durin, which time I am 'eJ'vlnl In IU1 internlhip wblch il required in order that I may receive profemonal reco,nitton required to belm my professional practice or aervice, IU1d ~~~t uD:~lt'rJtl~:c:fPhel~~r td~C:iro~~:>tur t~!:.:~h:hd:r::~de~t!'3=r.,~~ l~~~~~.:~r ~I ~:) a(tl)~r ~:Vc\U::p~~: (2) The Lendtnl Institution may. upon my appUutton, defer or reduce any It!heduled repaymenb if, in It. oplnion. extnar- dbtary circum.tance. .uch .. prolon,ed Wne.. or unemployment. prevent me from makinc Nch rep.yment.. Howev.r, int.re.. will continue to .ecrue. VII. CANCELLATION FOR TEACHING (1) I am entitled to have up to 100 percent of the amount of thilloan plw the Interett thereon eaneeUed if I undertake .eme..- (A) .. I. full-time tucher in . public or other non.proftt elementary or second~ Ichool which II in . Ichool dlltrtet of a local edueatlonal a.eney which II elllible for fundi under Title I of the Elemen~ and S.cond~ Education Act of 1965 and which ~:o~~e~:he:tn~~e:n~~U~:n~e~rl\~e~tt f~~~~':~4n':~et~:~J~':.st~n. of eellon 465 (I.) ( ) of the H"her Education Aet u a (B) u . full-time teuher of hll1dleapoed ehUdrel\ (lncludlnl mentally retuded, hud of hearlnl, deal .t:ech Impaired, Yt.lUaUy 1'mru;,~:I~h1fd'r~~o:~~ t~~~~~~lh:::~'r~::~~t~P~~II~~:Ic:::nair,:~' r~~~t~d'~~t~e:r:i~'~~t'tl:~: o~~:r ~~::'~:~it~~::n~~~::;; or secondary school .ystem. (2) This loan will be cancelled at the foUowinl rates: (A) 15 percent of the total principal amount of the loan plu.lnterest on the unpaid balance will be canceUed for the fIrst and .econd complete academic yean: of that teachinc service i (8) 20 percent of thf> tatllt rrl"rtroA) "mount pluo; in1qr,1t on the lltlpaid baJllnce for the third And fourth complete academic year. of that te.chine lervlce; and fe) 30 percent of the total principal amount plus interest on the unpaid balance for the fifth complete academic year of that te.chine service. VIII. HEAD START CANCELLATION (1) I am entitled to have up to 100 pIIlrcent of the amount of this loan pto the Int....t th....on Clano.Ued If . undert.k. "",oe .. a full-time .'art member In . H..d Start pro....m If -- (A) that Head Start prop'am .s operated for I. period which II comparable to' I. full Ichool yeu in the locality, and (8) my ....uy" not more than the sa1u-y of a comparable employee of tbe local educational llCency. i~~ e~~~~~~t::~h~~le~~~~~I~: :~~i:I:n~fol~p.~~r~ :ft~~d ~t~ :~e~~:mount plus the intel:e.t on the unpaid buanee (3) Hood Start" a pre.chool prouam carried out under .ectlon 222 ta) tll olthe Economic Opportunlty Act 011964. IX. MILITARY CANCELLATION ~l~emL::nof~~i:I~~e:V~r:~1 tgf ~~.pr,r~~~~ ~t:~e~ S::~ip~~1~n~.rilitr.s: ~~:: :~~W:I 'rJ:r::::,~r::; ::::,-:,~U:,dCl:folh -srI :t titl. 81 of the UnUed St.t.. Ood.. (2) Thi. loan will be cancelled at the rate of 121,.1, percent of the total principal amount plw Interest on the unpaid balance for eaeh complete year of IUch Hrvice. X. DEATH AND DISABILITY CANCELLATION If I should die or become permanently and totally disabled, the entire amount of this loan plu. the interest thereon shall be can- celled. Xl. CHANGE IN NAME, ADDRESS, AND SOCIAL SECURITY NUMBER J am n,ponslble for Informlnl the Lendln,lnatltution of any chanle or chance. in my n.me, addre.., or ~cla1 Neuzit" nuntber. XII. PENALTY CHARGE UJn u~~e~ ~tt~e~~et~~~ f:::~~r:Jlt~I~~~7lt&~::r~:riha~~'~~:u~~t~":t~:: Irp~~i: ~:.~~~ It:: :h~~~:~~-:.~:t me by the Lendinc Institution. (2) No chari. m.y exeeed -- ~~~vld:'nh~rt. tl~te~o'-::'d ~n~:~aa~t :o::lh~~I:':r~r:~~:h ~~e~~~f~~:, ~~Jt month or put of I. month by which the b1ltaUment ~~ th:~~~eb~h~~1::: ti~:~:lJr:e~ ~~~nJ~~eof. ~~t~erlY inltallmenb, '3 and *6. retpectlvely, for each installment interval or L~~ore ~h:h:u~~~:n:f~':etS~:~fC.:l:ti::e':t.add the useased charle to the ouhtendlnl principal of the loan, it mu.t 10 inform m. XIII. ASSIGNMENT ThlJ note may be autlDed by the Lendlnc Institution only. . (1) to another in.tltution upon my transfer to that institution if that institution" participattna in thil propam (or, if not ao particlpatine, is eU'ible 1.0 do '0 and .. approved: by the Secretary for that purpose), or i~titu:k.:b.t.Yt~~er~t:~e:rg~J~t:~ ~y::~tf~i~ ~r:I'lr~::.d by the Secretary. The provl"on. of thb note that relate to the Lendlnc XlV. PRIOR LOANS 1 hereby certify th.t 1 have Usted below ell of the National Direct Student Loan. (or N.tional Defense Student Louu) I have ob- tained .t other in.titution.. (If no prior loan. have been received, .tate ""None. ") Schedule of Nation'" Direet Student Loanl and National Defeh_ St.udent Loan. at other tn.tltutlonl Amount Dde In.titution 1................... 2................... 3................... 4................... Caveat - ThlI note ia to be exeeuted without security and wtthout endorlement except that if I am I minor and this note would Dot, under the law of the State In which the Lendlnllnstitution 11 located. create I blndlnl obli&atton, either Ifleurlty 01' endone.. ment may be required. The Lendinc Institution .ha.l1rupply a copy of thl.J note to me. Slanature of endorser Oate Permanent Addna . 19 (Street or Box Number, City, State, and Zip Code) Social Security NumlMr DICKINSON COLLEGE CARLISLE, PENNSYLVANIA 17013 PROMISSORY NOTE. PREVIOUS BORROWER PERKINS LOAN PROGRAM (formerly National Direct Student Loan) I, I or i A _ Dav i !j promise 10 pay 10 Dickinson College (herein after called the Lending Inslitution) localed al CarlisI<. Pennsyl\ ,\n." 1 he sum uf the amounts that are advanced 10 me and endorsed in th<: Schedule of Advances set fonh below. I promise "L) pay all altornc)'~ I...~S and OIher reasonable l"olleclion costs and charges necessary for Ihe collection of any amount not paid when due, I fun her understand and agree that: I. GENERAL (1) Applicable Law. All sums advanced under this note are drawn from a fund created under Part E of Tille 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 kepI by the Lending Institution. (2) Procedures for Receivinl! Deferment or Cancellation, I understand that in order to receive a deferment or cancellation, I must request the deferment or cancellation in writing from Ihe 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 X, 1 am responsible for submilling 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. ~ U. INTEREST Interest shall accrue from the beginning of the repayment period and shall be at the ANNUAL PERCEl'ITAGE RATE OF FIVE PERCEl'IT .(5%) on the unpaid balance, except that no interest shall accrue during any deferment period described in paragraph VI(I). nI. REPAYMEl'IT (1) I promise to repay the principal and the interest which accrues on it to the Lending Institution over a period beginning 6 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 U1(4), U1(5), U1(7), or VI(I) applies, 10 years later. (2) Upon my written request, the repayment period may start on a date earlier than the one indicated in paragraph III(I). (3)(A) I promise to repay the principal and interest over the course of the repayment period in equal monthly, bimonthly or quarterly installments as deter- mined by the Lending Institution. I understand that if my monthly payment for alllhe loans made to me by the Lending Institution is not a multiple of $5, the Lending Institution may round that payment to the next highut dollar amounl that is a multiple of $5. (D) Notwithstanding paragraph 1II(3)(A), upon my wrillen request, repayment may be made in graduated installments in accordance with a schedule ap- proved by the Secretary. (C) The Lending Institution shall allach the schedule of repayments and the schedule will become part of tbe note. (4) Notwithstanding paragraph 11I(1), if I qualify as a low-income individual during Ihe repayment period, the Lending Institution may, upon my written re- quest, extend the repayment period for up to an additional 10 yealli, or adjust any repayment schedule to renect my income, or both. (5)(A) If the monthly rate that would be established under paragraph IH(I), or the lotal monthly repayment rate of principal and interest on all my Direct, Defense and Perkins Loans including this loan, is less than $30 per monlh, I shall repay the principal and interest on this loan at Ihe rate of $30 per month (which includes both principal and interest). (5)(D) If I have received Direct, Defense and Perlcins Loans fron. other institutions and the total monthly repayment rate on those loans is less Ihan $30, the $30 montbly rate established under subparagraph III(S)(A) is the rate I pay on all my oUlStanding Direct, Defense and Perlcins 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 ratu I must pay on my other Direct, DeFense and Perkins Loans. (6) The Lending Institution may pennil me to pay le55 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 IH(I). (7) The Lending Institution may, upon my wrillen requut, reduce any scheduled repayments or extend the repayment period indicated in paragraph IH(I), iF, in its opinion, extraordinaty cin:umstances such as prolonged illness or unemployment, prevent me from making Ihe scheduled repayments. However, in- ,erest 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 Ihe 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 Ihan Ihe amount due for any installment, the excess will be used to prepay principal unless I designate it as an advance paymenl of the next regular installment. V. DEFAULT (I) The Lending Institution may, at its option, declare my loan to be in default and may demand immediate payment of tbe enlire unpaid balance of the loan, including principat, interest and lale charges if - (A) I do not make a scheduled payment when it is due, and (8) I do not submit to the Lending Inslitution on or before Ihe date on which payment is due, documentation that i qualify For a deferment or cancellation described in Articles VI, VII, VIII, IX, and X of this agreement. (2) I understand that if I deFault on my Joan repayments, the Lending Institution may disclose that I have defaulted, along with other relevant information, to credit bureau organizations. (3) Further, I undellitand that if I defaull on my loan repaymenl and the loan is senl 10 the Secretary for colleclion, Ibe Secrelary may disclose thaI I have defaulted, along with other relevant information, to credit bureau organizations. (4) I undemand that if the Lending Institution accelerates the loan under paragraph V(I), I willl",e my cancellation and deferment benefits for service per- formed after the date the Lending Institution accelerated the Joan. (5) I undellitand Ihat failure to pay this obligation under Ihe terms agreed upon will prevent my obtaining additional student financial aid authorized under Title IV of the Higher Education Act of 1965, as amended, unlil I have made arrangements which are satisfaclory to the Lending Institulion or the Secretary regarding the repayment of the loan. VI. DEFERMENf (1) Interest will not accrue, and installments of principal need not be paid. (A) While I am enrolled and in allendance as at least a halF-time student at an institution of higher education or al 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 an officer on full-time aClive duty in the Commissioned Corps of the U.S. Public Health SeMce, (ii) In seMce as a volunteer under the Peace Corps ACI, (iii) A volunteer under the Domestic Volunteer SeMce Act of 1913 (ACTION programs), (iv) A full-time volunteer in a tax-exempt organization performing service comparable to the service perfonned in the Peace Corps or under the Domes- tic Volunteer Service Act of 1973, or (v) TCinporarily totahy uisableo as established by hn aftu18V1t 0" a qualitied physician, or unable to secure employment because I am providing care fee quired by my spouse who is so disabled, (C) For a period not in excess of two (2) yealli afler I receive a baccalaureate or professionat 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 5etvice; and (D) During a six (6) month period following the expiration of my deferment in paragraph VI(I)(A) through VI(I)(C). (2) Thc Lending Institution maYI upon my written request, defer my schedulcd repayments if it detennin" that the defennent is necessary to avoid a finan.. cia! hardship for me. Interest, howcver, will continue to accrue. VII. CANCELLATION fOR TEACHING (1) I am enlitled to have up to 100 percent of the amounl of this loan plus the inleresllhereon 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 Chapler I of the Education Consolidation and Improvement Act of 1981, as ame,nded, and which has been designaled b~ Ihe ~crelary (after consultation with each Slate Department of Education) in accordance with Ihe provisions of secllon 465(a)(2) of lhe Act as a school WIth a hIgh concentration of students from low-income families, An official Directory of designaled low-income schools is published annually by the Secretary. (D) As a full-time teacher of handicapped children (including mentally relarded, 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 Ihereof 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) IS percent of the total principal amount of Ihe 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 Ihat teaching service, and (C) 30 percenl of Ihe lolal principal amount plus interest on Ihe unpaid balance for the fifth complete academic year of that teaching service. Exhibit ttBtt VIII. HEAD START CANCELLATION (1) I am entilled to have up to 100 per<:ent of the amount of this loan plus the interest thereon cancelled if I undertake seIVice 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 a geney, (2) This loan will be cancelled at the rate of 15 per<:ent of the total principal amount plus interest on the unpaid balance for each complete school year or the equivalent of seIVice in a Head Start program. (3) Head Start is a preschool program carried out under lhe 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) 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 Anned For<:es of the United States in an area of hostilities that qualifies for special pay under section 310 of Tille 37 of the United States Code. (2) This loan will be cancelled at the rate of 12-1/2 percent of the total principal amount plus interest on the unpaid balance for each complete year of such service. X. DEATII AND DISABILITY CANCEUATION (I) In the """nt of my death, the totat 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. Xl. CHANGE IN NAME, ADDRESS, TELEPHONE NUMBER AND SOCIAL SECURITY NUMBER I am responsible, and any endoner is responsible, for informing the Lending Institution of any change or changes in name, address, telephone number or so. cial security number. Xli. LATE CHARGE (1) The Lending Institulion 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 a1ncellation described in Articles VI, VII, VIII, IX. and X of this agreement. (2) No chalie may exceed IMnly (20) peKanl of my monthly, bimonlhly or quarterly payment. (3)(A) !he 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 scbeduled repayment afler I bave received nOlice of the lale cbarge. (B) If tbe Lending Institution elects to add the assessed charge to lbe outstanding principal of lbe loan, it must so inform me before tbe due date of the next installment. XlII. ASSIGNMENT (1) This note may be assigned by tbe Lending Institution only to. (A) The United States; (B) Anotber institution upon my transfer to that institution if tbat institution is participating in tbis program; or (C) Another institution approved by the Secretary. (2) The provisions of this nOle that relate to the Lending Institution shall, where appropriate, relate to an assignee. XIV. PRIOR LOANS I hereby certify that I Itave listed below all of tlte Perkins Loans (National Direct Student Loans and National Defense Student Loans) I have obtained at other institutions. (If no prior loans have been received, state "None.") SCHEDULE OF PERKINS LOANS (NATIONAL D1RECf STUDENT LOANS AND NATIONAL DEFENSE STUDENT LOANS) AT OTIlER INSTI1UI10NS AMOUNT DATE NAME OF INSTI1UI10N 1. 2. 3, 4. XV. SCHEDULE OF ADVANCES The following amounts were advanced to me under tbis loan agreement on tlte dates indicated: 1. $750 $750 DAlE 7/87 12/87 SIGNA"IURE OF BORROWER ~1 nl [1'( ,) ('( U ) L, 'fu.cl't , ~f.(Yi AMOUNT 2. 3. 4. NOTICE TO BORROWER: DO NOT SIGN TIllS NOTE BEFORE YOU READ IT. TIlE LENDING INSITI1JTION MUST SUPPLY TO YOU AND ANY ENDORSER A COl:Y OF TIllS NOTE. (This note is signed as a sealed instrument.) ) 'I I) '/ '-, SIGNATIJRE (I! - I ' ~ 1- d , J I Ii. 'y(-/' Permanent Address (Street Or Box Number, City, State, and Zip) , , '" ' ( /&7-J77-- {1/!. ,A-'lL Date Q-{ l--( k'lIIJ(fV) fA I , (:~ J. t 19 -L...J... j-7Z;lf~ Social Security Number (borrower must provide) The borrower and Lending InstiWfion shall t'xecute this note wilhout security and without endorsement unless the borrower js a minor and this note would not, under the law of the State in which the Lending Institution is located, create. 8 binding obligation. If the borrower is a minor and this note would nott therefore, be legally binding, tbe Lending Institution shall require a cosigner to this note: SIGNATIJRE OF COSIGNER Date 19_. Permanent Address (Street or Box Number, City, State, and Zip) (20 V.S.C. 1087dd) Format by the National Association of Student Financia) Aid Administrators. 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 ofthis lawsuit. The language ofthis Complaint is that of counsel and not my own. I have read the document and to the extent that this Complaint is based upon information which I have given to my counsel, it is true and correct and to the best of my knowledge, information and belief. To the extent that the content of this Complaint is that of counsel, I have relied upon counsel in making this Verification. This statement and Verification are made subject to the penalties of 18 Pa. C.S. ~ 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 0-, Thomas Meyer Bursar of Dickinson College Dated: /;A)j'?J/DY F:\FILES\DA T AFILE\DickinsonCollege7619\Collections\Current\28S-com l.wpd --t::> ~ J ~(\ "fA ~ , \ v,) \.J "- o \ ~ ...... ... "- --t () ~ ('~ ~~ :~:: .,,,,' C1 () "'n __I ~,-"-, I,I r I (. ~'.1 .r;- " I ~,' , . '\- :-' ..~ c.i.~ :-::.1, ,'I ( . '\ (,)) - ,~ r"I'rl,rS'IJ'\TArII.F,jld..,r:",,',( ('I'q1~d _j':,~'r!_\ : '_J: \1'\1 ;.L,y'"d, 2 I~:(l~ /I -'I ,,' \\1 -i, I 'I" :'.,~, U'~' ,',o.Ii,-, ''';'''-\'nn'>'I\'-:::''';~ IT"I David R, G'llloway, Esquire MARTSON DEARDORFF WILLIAMS & OTTO 1.0. 87326 10 East High Street Carlisle, PA 17013 (717) 243.3341 Attorneys for Plainti ff DICKINSON COLLEGE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 04. 6247 CIVIL ACTION-LAW LORI A. DAVIS, Defendant JURY TRIAL OF TWELVE DEMANDED PRAECIPE Please reinstate the attached Complaint against Defendant Lori A. Davis, 109 Lynwood Place, Chapel Hill, Orange County, North Carolina 27517, in the above-captioned action and return same to the undersigned for service. By David R. Galloway, Esquire I. D. Number 87326 Ten East High Street Carlisle, P A 17013 (717) 243-3341 Date: February 15, 2005 Attorneys for Plaintiff p i;I- .,..,. ~\? ~, l "'" ~ - U'\ -Q ,:. -*' .' ~ ------ ~ . II I. ; '" ~ ,'1,,1"""1"" ";'.:".\'-1 j,," , ' ~ -).'.\ \1 David R. Galloway MARTSON DEARDORFF WILLIAMS & OTTO Ten East High Street Carlisle, PA 17013 (717) 243.3341 Attorneys for Plaintiff DICKINSON COLLEGE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 04.6247 CIVIL ACTION.LA W LORI A. DAVIS, Defendant JURY TRIAL OF TWELVE DEMANDED AFFIDAVIT OF SERVICE 1,_::::::(1) ~'n n c::; , being duly sworn according to law, depose and / / state that 1 am at least eighteen (18) years of age and that an original and/or certified copy of the attached Complaint was served on Defendant Lori A. Davis by personal service to L o. " A.])o. VI' 5 at the address of IQS' L)l1"Md PllleE, Ctllpe:1 Ilill, North Carolina, -fA f414( 8"5+ l17o~JQ<~t lone, Hi/lshoro"jh on the 2L day of fenr ua.... r I ,2005. D~""'je. COwnf., Sherrff's 1J";r-l-. SHERlFF'S DEPARTMENT ORANGE COUNTY, NORTH CAROLINA ?n riF-) n22 ~' ,200{ . -1;," q!j/;;/ N9t3"ry Public ( L CERTIHCATE OF SERVICE I, Jean Taylor, an authorized agent of Marts on Deardorff Williams & Otto, hereby certify that a copy of the foregoing Affidavit of Service was served this date by depositing same in the Post Office at Carlisle, P A, first class mail, postage prepaid, addressed as follows: Ms. Lori A. Davis 144 East Margaret Lane Hillsborough, NC 27278-2526 MARTS ON DEARDORFF WILL1A~ OTTO ~./L / B ean Taylor \./ en East High Street Carlisle, P A 17013 (717) 243,3341 Date: March 10, 2005 f \F I L !.OS'.I lA T AFl LE\Dickin,onC olltge 76 I ')\C olleclLon,\C urrenl\285\cel1~fl ------~-- "..' (..,:'; ";1 " avid R. Galloway, Esquire _vIARTSON DEARDORFF WILLIAMS & OTTO Ten East High Street Carlisle, P A 17013 (717) 243-3341 Attorneys for Plaintiff DICKINSON COLLEGE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 04- 6247 CIVIL ACTION-LAW LORI A. DAVIS, Defendant JURY TRIAL OF TWELVE DEMANDED TO: LORI A. DAVID, DEFENDANT NOTICE OF ENTRY OF DEFAULT JUDGMENT You are hereby notified that on ~-!- /~: ,2005, the following Judgment was entered against you in the above-captione case as follows: Principal plus interest through November 16,2004: Interest from November 16, 2004, through September 6, 2005: Attorneys' fees: Total Judgment: $2,494.65 $64.68 $500.00 $3,059.33 Costs of suit and interest accruing at $.22 per day from September 6,2005, shall be added to the Judgment for Defendant's failure to file an Answer to the Complaint. /~I ~-~~~ Prothonotary , /.eL- I hereby certify that the name and address of the proper person to receive this notice under Pa. R. Civ. P. 236 is: Ms. Lori A. Davis 109 Lynwood Place Chapel Hill, NC 27517 M Date: September 12,2005 By DaVIa R. 0 Attorneys for Plaintiff ... .. IFlLESIDA T AFlLEIDickinsonCollege 76191CollectionslCurrentl2851pra 1 Itde Created: 3/24/05 11 :31AM Revised: 9112/05 244PM 7619C285 David R. Galloway, Esquire MARTSON DEARDORFF WILLIAMS & OTTO Ten East High Street Carlisle, P A 17013 (717) 243-3341 Attorneys for Plaintiff DICKINSON COLLEGE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 04- 6247 CIVIL ACTION-LAW LORI A. DAVIS, Defendant JURY TRIAL OF TWELVE DEMANDED PRAECIPE TO THE PROTHONOTARY: Enter default judgment in the above-captioned action in favor of Plaintiff and against Defendant as follows: Principal plus interest through November 16, 2004: Interest from November 16,2004, through September 6,2005: Attorneys' fees: Total Judgment: $2,494.65 $64.68 $500.00 $3,059.33 Costs of suit and interest accruing at $.22 per day from September 6, 2005, shall be added to the Judgment for Defendant's failure to file an Answer to the Complaint. I do hereby certify that a written notice of intention to file this Praecipe (in the form attached hereto) was mailed to Defendant at her last known address on April 13, 2005, which date was subsequent to the date default occurred and at least ten (10) days prior to the date of the Praecipe. F WILLIAMS & OTTO By David R. Gallowa , Ten East High Street Carlisle, P A 17013 (717) 243-3341 Attorneys for Plaintiff Dated: September 12, 2005 ... F.'...LES"Or'\ TAFl LE\ Oickills"nCllk'ge761 'J\Cnlkctilllls',{'llrrent\2SS', 1 ()J~l)lh..!ic<.::: Created. J/:::~/05 11J lAM Revised -VI2/0:'i ~.-I7PM 7619C.285 David R. Galloway, Esquire MARTS ON DEARDORFF WILLIAMS & OTTO Ten East High Street Carlisle, P A 17013 (717) 243-3341 Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DICKINSON COLLEGE, Plaintiff v. NO. 04- 6247 CIVIL ACTION-LAW . LORI A. DAVIS, Defendant JURY TRIAL OF TWELVE DEMANDED TO: LORI A. DAVIS 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 CLAWS 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 WPORTANT 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, P A 17013 Telephone:(717) 249-3166 Date: April 12, 2005 MARTSO, ~gJ~~ARJ)9RFf ,r:'" ,// B . / /..,. Y , David R. alloway, Esquire LD. 87326 Ten East High Street Carlisle, P A 17013 (717) 243-3341 Attorneys for Plaintiff -"" ( ...--..-<\ '~::l fj -""'-"-""~ . - , CERTIFICATE OF SERVICE I, Tricia D. Eckenroad, 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: Ms. Lori A. Davis 109 Lynwood Place Chapel Hill, NC 27517 MARTSON DEARDORFF WILLIAMS & OTTO ~' ;; i ( Tfi . Eckenroad en East High Street Carlisle, PAl 7013 (717) 243-3341 I A en)) Dated: September 12,2005 ~ ~ ~. ~ ~ ~ ) ~ ~ ~ \) ~ ~ ~ '\ . V) ~ ::'; () c:: '~ --;:-1 tj-' ::;:1 [~-:lF~ --I I + , ! ..r:- -~--, --:..:.- f') Z F.\FILES\Clients\7619 Dickinson College\Collections\Current\285\7619(. 285. prat Created. 4,28/03 1 54 03 PM Revised, 31711 10.839 AM 7619c 285/LC2 Christopher E. Rice, Esquire Attorney I.D. No. 90916 a t"fir 17 1 , MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER ' MARTSON LAW OFFICES 3t Cft -pp???,?; ti•;7 ,? 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- 6247 CIVIL ACTION-LAW LORI A. DAVIS, Defendant JURY TRIAL OF TWELVE DEMANDED PRAECIPE To the Prothonotary: Please mark the judgment in the above-referenced matter satisfied and the action discontinued. MARTSON LAW OFFICES BY (2Z'11 s. /L-I Christopher E. Rice, Esquire I. D. Number 90916 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Date: 311 7/// Attorneys for Plaintiff 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: Ms. Lori A. Davis Febbo 77 Del Casa Drive Mill Valley, CA 94941 MARTSON LAW OFFICES By V / I. Mary . Price Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: 3// 7 l// This is a debt collecting firm for Dickinson College. Any information obtained will be used for that purpose.