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F:\f1LES\DA T AFILE\DickiruwnCollese7619\CollectionsICulTenl\298"coml ,wpd
Created: 2/1/05 0:18PM
Revised: 2/l0/o5 9:25AM
7619C,298
David R. Galloway, Esquire
MARTS ON DEARDORFF WILLIAMS & OTTO
Ten East High Street
Carlisle, P A 17013
(717) 243-3341
Attorneys for Plaintiff
v.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. OS - 7~b (l;otlY€/2.%>1
CIVIL ACTION-LAW
DICKINSON COLLEGE,
Plaintiff
DANIELLE MCLAUGHLIN,
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 obj ections to the claims set forth against you. You are warned that if you fail to do
so, the case may proceed without you and a judgment may be entered against you by the court
without further notice for any money claimed in the Complaint or for any other claim or relief
requested by the Plaintiffs. You may lose money or property or other rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS
OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO
PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL
SERVICES TO ELIGIBLE PERSONS AT A REDUCE FEE OR NO FEE:
Cumberland County Bar Association
32 South Bedford Street
Carlisle, Pennsylvania 17013
Telephone (717) 249-3166
F WILLIAMS & OTTO
Dated: February 10, 2005
By
David R. Galloway, qUire
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.
CIVIL ACTION-LAW
DANlELLE MCLAUGHLIN,
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 Danielle McLaughlin is an adult individual with a last known address of
4430 Douglas Pkwy., Apt 2C, Little Neck, NY 11363-1872.
3. On or about August 28, 1995, Defendant entered into a Promissory Note - Federal
Perkins Loan Program (Note #1) with Plaintiff for the financing of $2,000.00 plus interest and costs
by Defendant on her own behalf, for educational services and benefits at Plaintiffs institution. A copy
of Note #1 is attached hereto as Exhibit "A."
4. Note #1 was created under Part E of Title IV of the Higher Education Act of 1965 as
amended (hereinafter the "Act") and is subject to the Act and the Federal Regulations issued under the
Act.
5. 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.
6. The total principal for Note #1 $2,000.00.
7. Note #1 grant P1aintiffreasonable collection and attorneys' fees which Plaintiff has
calculated to be $500.00.
8. As of January 20, 2005, the principal and interest due and payable by Defendant to
Plaintiff was $1,727.63, plus interest accruing thereafter at $0.22 per day.
9. As of January 20,2005, the outstanding balance of$l, 727 .63 represents the total and
actual overdue value ofthe financing provided to Defendant under Note #1 for which Defendant has
yet to pay.
10.
Plaintiff has fulfilled, performed and complied with all obligations and conditions of
Note #1.
COUNT I
BREACH OF CONTRACT
11. Plaintiff hereby incorporates by reference the averments contained in Paragraphs 1
through 11 of this Complaint.
12. Defendant breached the expressed and implied obligations, conditions and terms of
agreement of Note #1 by failing to pay the amOlmts financed therein.
WHEREFORE, Plaintiff demands judgment against Defendant in the amount of $1,727.63,
plus interest accruing at $0.22 per day from January 20, 2005, collection and attorneys' fees in the
amount of$500.00 and costs of suit.
COUNT II
IN QUANTUM MERUIT
13. Plaintiff hereby incorporates by reference the averments contained in Paragraphs 1
through 12 of this Complaint.
14. Having requested Plaintiff to loan money, and doing so to the benefit of Defendant,
Defendant became liable to Plaintifffor said money.
15. Defendant has been unjustly enriched by accepting said money without paying Plaintiff
reasonable compensation therefor.
16. As of January 20,2005, the total amount by which Defendant has become enriched is
$1,727.63, plus interest in the amount of$0.22 per day from January 20,2005.
WHEREFORE, Plaintiff demands judgment against Defendant in the amount of $1,727.23,
plus interest in the amount of$0.22 per day from January 20,2005, collection and attorneys' fees in
the amount of $500.00 and costs of suit.
MARTS ON DEARDORFF WILLIAMS & OTTO
Date; February 10,2005
By
David R. Galloway
LD. Number 87326
Ten East High Street
Carlisle, PA 17013-3093
(717) 243-3341
Attorneys for Plaintiff
00273-000-00-3106
-09
Promissorv Note-Federal Perkins Loan Pro2ram
[Any bracketed clause or paragraph may be included at option of institution.}. .
I Danielle MCLaUqhlit ,promisetopaylo Olcklnson ColleCle (hereiDafterealle<!the
Institution), located at Car 1 i s 1 e. P A 1 7013 - 2 896 , the sum of the amounll that are advance<! to me and endorsed in the
Schedule of Advances set forth below. I promise to pay aU reasonable collection costs, including a.ttorney feel and other charges, necessary for
the collection of any amount not paid when due.
1 further understand and agree that:
I.~
(1) Apolicable Law. All sums advance<! under this note are drawn from a fund created under Part E of Title IV of the Higher Education Act
of 1965, as amende<! (hereinafter calle<! the Act), and are subjecl to the ACI and the Fe<!eral regulations issue<! under the Act. The term. of this
note shall be interpreted in accordance with Lbe Act and Federal regulations, copies of whicb are to be kept by the Institution.
(2) Procedures for Receiving- Defennent. Cancellation. or Forbearance. I understaJ:1d that. to receive a deferment. cancellation, or
forbearance, I must request tbe deferment, cancellation, or forbearance in writing from the Insticution and must submit to the Institution auy
documentation required by the Instirution to prove that I qualify for the deferment,. cancellation, or forbearance. I further understand that, if I
am eligible for deferment, eanceUatioa, or forbearance under Articles VI through XlV. I am responsible for submitting the appropriate re.quutl
on time. 1 further understand that I may lose my deferment, cancellation. and forbearance benefits if I faiJ to file my request on time.
U. Interest
Interest shall accrue from the beginning of the repayment period and sball be at the ANNUAL PERCENTAGE RATE OF F1VE PERCENT
(5~) on the unpaid balance, except that DO jnterest shall accrue during any deferment period described in Article "YD.
m. ReDavment
(1) r promise to repay the principal and the interest that accrues 00 it to the Iustitutioo over a period beginning nine (9) months after the date
1 cease to be at least a half..time re.gular student at an institution of higher education. or at a comparable institutiOD outside the United States
approved for this purpose by the United Stales Secretary of Education (hereinafter called the Secretary), and eadinc ten (10) years later, unleu
that period is (shortened under paragrapb m(S), or] extended under paragrapbs ID(4), m(/) (extensions), W(l), or W(J) (defermenll).
(2) UpoD my written request, the repaymenl period may start on a date earlier than the one indicated in paragrapb mIl).
(J)(A) I promise to repay the principal and interest over the course of the repaymeDI period in equal monthly, bimonthly, nr quarterly
installments, as determined by the Wtitution. I understand that, if my installment payment for all the loans made CO me by the Institutioa il not
a multiple of $S, the InstitutioD may round that paymeot to the next highest doUar amount that is a multiple of $5.
(B) Notwithstanding paragrapb m(J)(A), upon my written request, repaymenl may be made in graduated insta1Imenll in accordance with a
schedule approved by the Secretary.
(4) Notwithstanding paragraph m(1), if I qualify as a Jow..income individual during tbe repayment period, the Institution, upon my written
request, may extend the repayment period (o'r up to an additional len (10) years and may adjust any repayment schedule to reflect my income.
((S)(A) If lbe monthly rate thaI would be establishe<! under paragrapb m(l), or the total monthly repaymenl rate of principal and interest OD
all my Federal Perkins Loans. includiDg this loan, is Ie.. than $40.00 per month, 1 shall repay the principal and inlere.t OD
thiJ loan 31 the rate of $40.00 per month (wlticb includes both principal and interest).
(5)(B) If 1 have receive<! Federal Perkins Loans from other institutions and the total monthly repayment rate on those loans i. 1... than
$40.00 the $40.00 monthly paymenl establishe<! under subparagraph m(S)(A) includ.. the amountal owe
on all my outmoding Federal Perkins Loans, including those receive<! from other institutions. The portion of the $40.00
monthly payment that will be applie<! to this loan will be the difference between $40.00 and the total of the amounll owed 31 a
monthly rate on my other Fe<!eral Perkins Loans.
(6) The ,Institution may pennil me to pay less than the rale of $40.00 per month for a period of nol more than one (1) year
where necessary to avoid hardship to me unless that ac:tiOtl would extend the repayment period in paragraph I[[(l).]
m The Institution may, upon my written request, reduce any scheduJed repayments or extend the repayment period i.a.d~ated in paragrapb
m(l), if, in its opinion, circumstances sucb as prolonged illness or unemployment proveat me from making the scheduled repaymeats.
However, interest shall continue to accrue.
IV. Pre03vment
(I) I may, at my option and without penalty, prepay all or any pan of the principal, plus any accrue<! interest thereon, at any time.
(2) Amounll I repay in the academic year in whicb the loan was made and the initial gno:e period bas not ende<! will be U8ed to re<!uce the
amount of the loan and will Dot be considered a prepayment.
(3) If I repay amounts during the academjc year in wh.ich the Joan was made and the initial grace period ended, only thoae. amounts in exce"
of the amount due for any repayment period shall be considered a prepayment.
(4) If, in an academic year other than the award year in wbicb the Joan was made, [ repay more than me amount due (or an iMUllmetlt. the
excess wilJ be used to repay prinCipal un.less 1 designate it as an advance payment of the next regular installment.
V. I2W!!!ll
(1) The lnstitution may, at its option, declare my loan to be in default and may demand immediate payment of the entire unpaid balance of
the Joan~ including principal, interest. late charges, and collectioD costs, jf..-
(A) 1 do not make a scheduled payment when due under the repayment schedule established by the Institution; and
(8) I do not submit to the Institution. on or before the date on which payment is due, documentation that I qUallfy for a. deferment,
cancellation. or forbearance as described in Articles VI, vn, VITI, IX, X, Xl, XIl, Xll!, or XIV of this agreement.
(2) I understand that the Institution may disclose to credit bureau organiz.a.tions the amount of loans made to me, along with other relevant
Page 1 of 4
EXHIBIT "A"
Fe<!eral Perkins/July t 993
information.
(3) I understand that. if I default on my loan, the Institution may disclose that I halo'c defaulted, along with ower relevant information, to
credit buruu organizations.
(4) Further, I understand that, if I default on my loan and the loan is assigned to the Secretary for collection, the Secretary may disclose that
I have defaulted. along with other relevant information. to credit bureau Qtganiz.a.tions.
(5) 1 understand that, if I default on my loan, I 'NiU lose my right to forbearance.
(6) 1 undeutaDd that, if I default 00 my Joan, I 'Nil! Jose my right to defer repayments.
m I understand that, if the lJ1stirution accelerates the loan under paragraph V(I), I wi1l1o.se my right to receive a cancellation of a portion of
my loan for any service deICribed in Articles vrn, IX. X. XI. XII, XllI. or XIV performed after the date the Institution accelerated the loan.
(&) I understand tba~ failure to pay this obligation under the terms agreed upon win 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 that are satisfactory to the
Institution or the Secretary regarding the repayment of the loan.
VI. Forbearance
(1) J understand that. upon making a properly documented written request to the Institution. I am entitled to be granted forbearaoce of
priDcipal and interest or principaJ only. renewable at 12-month intervals. for a period not to exceed three years. if-
(A) My deb~ burden equals or exceeds 20 percent of my gross income; or
(B) The Institution determines that I qualify for other reasons.
VII. Deferment
(1) I understAnd that, upon making a properly documented written request to the Institution. I may defer making scheduled installment
payments and will Dot be liable for any interest that might otherwise BCcrue during the following periods:
(A) For any period that 1 am-
(i) Enrolled and iD attendance as a regular student in at least a haJf-time course of study at an eligible institution;
(ii) Enrolled and in attendance as a regular student in a course of study that is part of a graduate fellowship program approved by tbe
Secretary;
(iii) Engaged in graduate or JW$t-.graduate feUowsbip-supponed study (such as a Fulbright grant) outside the United States; or
(iv) EnroJJed and in attendance in a course of study tbat is part of a rehabilitation training program for disabled individuals approved by the
Secretary.
(B) For any period that I am engaged in service described in Articles vm. IX. X. XI, xn. XIII. or XIV of this agreement.
(e) For a period not to exceed three (3) year. during which-
(i) I am sultini and unable to fiDd full.time employmeDt; or
(ii) For any reasoD that my Institution determines bas caused or will cause me to have an economic hardship.
Q) I understand that I am Dot eligible for a deferment under paragraph (VIl)(l)(A) while I am"serving in a medical internship or residency
prop-am.
(3) 1 understand that 1 may cODtinue to defer maltini scheduled iDStallment payments and will Dot be liahle for any interest that micht
otherwi.. ,",crue for a six (6) mODth period immediately followiDi the expiration of any defermeDt provided in parairaph VU(l).
vnI. Teachin2 Cancellation
(t) I undentand that. upon making a properly documented writteu request to the Institution, I am entitled to bave up to 100 percent of the.
amount of thi. loaa plus the interest thereon canceled if I perform qualifying service after the period for which I received the loan-
(A) As a full-time teacher in a public or other nonprofit elementary or secondary school in the school district of a local educational agency
that is eligible in such year of a:ervice for funds under Chapter 1 of the Education COD$OlidatioD and Improvement Act of 1981, u amended. and
wbich has been designated by the Secrewy (after consultation with eacb State Department of Education) iu accordance with the provisions of
5ection 465(a)(2) of the Act as a .school with a bigh concentration of students from low-income families. AD officiaJ Directory of designated
low.income schools is published an.aualJy by the Secretary;
(B) As a full-time special educatioD teacher (inCluding teachers of infants. toddlers, children. or youth with disabilities) in a public or other
nonprofit elementary or secondary school system. or as a fun-lime qualified professionaJ provider of early intervention services in a public or
other (lonprofi~ program under public: supervision by the lead agency as authorized in sectioo 676(b)(9) of the Individuals With Disabilities
Education Act; or
(C) As a full-time teacher of mathematics, science. foreign languages. bilingual education. or any other field of expertise that is determined
by the Slate Depanment of Education to have. &bonaie of qualified teachers.
(2) A portion of this loan will be canceted for each completed year of teaching service at the fOllowing rates:
(A) 15 perc:en~ of the total principal amount of the loan plus interest on the unpaid balance accruing during that year for each of the first aud
second complete academic: years of that teaching service;
(B) 20 percent of the total principal amount of the loan plus interest OD the unpaid balance accruing during that YeM for each of the third and
fourth complete academic years of that teaching service; and
(C) 30 percent of the total principal amouDt of the loan plus in~erest OD the unpaid balance accruing during tba~ year for the fifth complete
academic year of that leaching service.
IX. Head Start CanceUation
(1) I understand that. upon making a properly documented written request to the Institution, I am entitled to have up to 100 percent of the
amount of this loan plus the interest thereon canceled if r perform qualifying service after the period for which I received the loan as a fuU.time
s.taff member in a Head Start program if-
(^) That Head Stan: program is operated for a period that is comparable to a full scbool year in the locality; and
Page 2 of 4
Federal Perltinslluly 1993
(B) My salary is not more than the salary of a comparable employee of the local educatiooal agency.
(2) This loan will be canceled at the rate of 15 percent of the total principal amount of the loan plus interest on the unpaid balance ACCruing
during that year for eacb complete school year or equivalent period of service in a Head Start program..
(3) Head Start is a preschool program carried out under the Head Start Act.
x. MilitarY Cancellation
(1) I understalld that. upon making a properly documented written request to the Institution. 1 am entitled to have up to SO percent of the
principal amount of this loan plus the interest thereoll canceled if I serve as a member of the Armed Forces of the United States in an area of
hostilities that qualities for special pay under section 310 of Title 37 of the United States Code.
(2) This loan will be canceled: at the rate of 12 1/2 percent of the total principal amount of the loan plus interest on the unpaid baJance
accruing during that year for eacb complete year of such qualifying service after the period for which I received the Joan.
XI. Volunteer Service CanceUation
(1) 1 understand that, upon making a properly documeoted written request to the Institution, I am entitled to bave up to 70 percent of the
amount of this loan plus the interest thereon canceled if I perform qUalifying service after the period for which I received the loan-
(A) M a volunteer under the Peace Corps Act; or
(B) As a volunteer under the Domestic Volunteer Service Act of 1973 (ACTION programs).
(2) This loan will be canceled at the following rates:
(A) 15 JH!lrcent of the total principal amount of the loan plus interest on the unpaid balance acCl1ling, during that year for each of the first. and
second twelve (12) month periods of volunteer service completed; and
(B) 20 percent of the total principal amount of the Joan plU5 interest on the unpaid balance accruing during that year for each of the third and
fourth twelve. (12) month periods of volunteer service completed.
XII. Law Enforcement or Corrections Officer Cancellation
(1) I understand that, upon making a properly documented written request to the Institution, 1 am entitled to bave up to 100 percent of the
amount of this loan plus the interest thereon canceled if I perform qualifying ~rvice after the period for which I received the loao-
(A) AI. a fuU.time law enforcement officer for service to an eligible local, State, or Federal law enforcement agency; or
(B) M a fulHime corrections officer for service to an eligible local. State, or Federal corrections agency.
(2) A partiod of thi. Joan will be eanceled for each completed year of law enforcement or corrections service at the following rates:
(A) 15 percent of the total principal amount of the loan pIu. interest on the unpaid balance accruing during that year for each of the first and
second complete years of that service;
(:8) 20 percent of the total principal amount of the ~oan plus interest on the unpaid balance accruing duriog that year for eacb of the third and
fourth complete years of that service; aud
(C) 30 pereent of the total principal amount of the loan plus interest on the unpaid balance accruing during that year for the fifth complete
year of that ICrvice.
XIU. Nurse or Medical Technician Cancellation
(1) 1 uDderstaud that. upon making a properly documented written request to the Institution, 1 am entitleci 10 bave up to 100 percent of the
amount of this Joaa plu, me interest thereoo canceled if 1 perform qualifying service after the period for which 1 received the loan as a fulJ.dme
nurse or medical tecbaician providing health care services.
(2) A partioD of this loan will be. canceled for each completed year of service at the following rates:
(A) 15 percent of the total principal amount of the toan plus interest on the unpaid balance accruing during that year for each of the first and
second complete years of that service;
(B) 20 percent of the taral principal amount of the loan plus interest 00 the uapaid balance accruing during that year for each of the third Illd
fourth complete years of that service; and
(C) 30 percent of the rotaJ priDcipal amount of the loan plus interest on the unpaid balance accruing during that year for the fifth complete
year of rbat service.
XlV. Child or Familv Service A2encv CanceUatlon
(1) I understand that. upon making a properly documented written request to the Institution, I am entitled to have up to 100 percent of the
amount of this Joan plus interest. thereon canceled if 1 perform qualifying service after the period for which I received, tbe loan as a fuU.time
employee of an. eligible public or private nonprofit clUld or family service ageocy who is providing. or supervising. the provision of, service. to
higb.risk children who are from low..income communities and the families of sucb children.
(2) A portion of this loan will be canceled for ...,h completed year of service at the following rates:
(A) IS percent of the taral principal amount of the Joan plus interest on the unpaid balance accruing during that year for each of the firstllld
second complete years of that service;
(B) 20 percent of the total principal amauat of the loan plus interest 00 the uapaid balance accruing during that year for each of the third Illd
fourth complete years of that service; and
(C) 30 percent of the total principal amount of the loan plus interest on the unpaid balance accruing during that year for the fifth complete
'jeM of that service.
XV. Death and Disability Cancellation
(1) In the event of my death, the total amount owed on this loan win be canceled.
(2) If 1 become permanently and totally disabled a.fter I receive this Joan. the Institution will cancel the total amount of this loan.
XVI. Chan~e in Name Address. Teleohone Number. or Social Securitv Number
I am responsible for informing the Institution of any change or changes in name., address, telephone number. or Social Security number.
Page 3 of 4
Federal PerkiWi/Juiy 1993
xvn. Late Chane
(I) The InstitutioD will impolC a'late charge if-
(A) I do not make a ICbeduled payment wben it i. due; aDd
(8) I do DOt IUbmit to lbe lDstitutioD. 00 or before the date on whicb paymeDt i. due, documentation mal I qualify for.. deferment,
cancellation. or forbearaDce.. delCribed in Articl.. VI, vn, vm, IX, X, XI, XII, xm, or XlV of mil aueement.
(2) No cbaree may exceed 20 percent of my monthly, bimonthly, or quartc:rly payment.
(3)(A) Th. IDatitutioD may-
(i) Add the late charg. to the priocipal the day after the scheduled repaymeDI was du.; or
(ii) IDclud. il with the ..xl schedul.d r'paym'Dlafter I have rec.ived DOtiC' of the late charge.
(B) If the IDatitutiOD .Iects to add the late charge to the outstandiDg priDcipal of the 1..., it must so inform me before the due date of the
next iJ1stallment.
XVDI. ASlli2nmeDt
(I) Thi. note may be assigned hy the Institution only to-
(A) Th. Uniled States;
(8) Another iD5titution upon my transfer to that institution if that institution is participating in thi' program; or
(e) Another institution approved hy the Secretary.
(2) The provilioOl of this nOle that relate to the Institution shaJI, where appropriate, relate to an assignee.
(3) Any hold.r of this loan is suBject to all claims and d.f..... that I could ....rt against the IDatitution thai made this I...; my recov.ry i.
limited to the amount I repaid aD this Joan.
XIX. Prior I...n.ans
I hereby certify that I bave listed below all of the Federal Perkins Loans I bave obtained at other institutioDl. (If DO prior loana have beea
received, state -None.-)
FEDERAL PERKINS LOANS AT OTHER INSTITlJI10NS
Amount Date Institution
I
.
>
4
XX. Schedule of Advances
The followiDe amounts were advancecl to me UDder this loa.a. agreement on the datea indicated:
AmOUDt Date Signature of Borrower
I S1 000.00 9-1-95 (')., ,;q!i' (fIt , , ~v'-
,. (i,:"
~ S 1 000.00 .-23-96 \ tlt' '1,,. I". 'J^ " , ,
u
J
4 -
NOTICE TO BORROWER: DO NOT SIGN 1BIS NOTE BEFORE YOU READ IT.
I UNDERSTAND AND AGREE TO ALL OF THE FOREGOING TERMS AND CONDmONS.
[Thi. note is sign.d as a sealed instrum.nt.]
\.. .' Ii Ii ^ ry) I"~:': \
Siparure_! )),,1"\.; v~ \.'j I ,,r ,1_, f(",;.\ t' .-'\
I(..al)]
.:;? .1 l~'
. J --. ,
I
Perman.nt Address (Stre.t or Box Number, City, Slate, and Zip Cod.)
) -
,19~
Date
/',., "', I
1'""\ i ..( i,-' .1......'_1 '(1;" ,'_"',
,
:4.\,~"",-- .
, \' 1
J! ,:j_:" - 2..'.F~~->. I~
\' \' I'....... O'l '-\
f,,' i '(j 11.(_"
Social Security Number (borrower mu.t provid.)
",.;. (... ~ r-, ~~" "";.");,
'-:.: f I
The borrower aDd Institution shall execute this note without security and without endorsement.
Tbe lastitutiOD shall provide a copy of this note to you and you should retain the copy for your records.
(Authority: 20 U.S.C.I087dd)
Page 4 of 4
Federal P.rkiDslJuly 1993
r
PERKINS (NDSL) TRUTH-IN.LENDING STATEMENT
DICKINSON COLLEGE
Account Number 00273-000-00-3106
Name of Borrower Danielle McLaughlin
Address 151 Wawayanda Ave.
Middlernwn. NY lOQ40
ANNUAL PERCENTAGE
RAn:
AMOtlN'l' FINANCED
The cost of your
credit as a yearly
rate.
The amount of
credic provided
to you.
Prior to
repaytllent
During
repaytllen t
o
%
5 %
$ 2.000.00
Itemization of the Amount Financed: $ 2,000.00
Amount given directly co you.
Late Charge: If a paytllent 1s late, you may be charged: $1.00 for the first
late paytllent, and $2.00 for each subsequent late payment if
this loan is payable monthly, $3.00 far each late payment if
this loan is payable bimonthly, $6.00 for each late paytllent
if this loan is payable quarterly.
Prepaytllent: If you payoff early, you will ~ have to pay a penalty.
See your promissory note for any additional information about nonpayment, de-
fault, any required repayment in full before the scheduled date, and pre-
payment.
THE BORROWER A~~OWLEDGES RECEIPT OF AN EXACT COPY OF THIS STATEMENT.
DATE
"-., ..I,,".
'A -;
INSTITUTIONAL
REPRESENTATIVE
D-'Lf,
,~
STUDENT
BORROWER 1\,.
DATE
')y'
..
VERIFICATION
I, THOMAS MEYER, Bursar of Dickinson College, acknowledge that I have the authority to
execute this Verification on behalf of Dickinson College and certify that the foregoing Complaint is
based upon information which has been gathered by my counsel in the preparation of this lawsuit.
The language ofthis Complaint is that of counsel and not my own. I have read the document and to
the extent that this Complaint is based upon information which I have given to my counsel, it is true
and correct and to the best of my knowledge, information and belief. To the extent that the content
of this Complaint is that of counsel, I have relied upon counsel in making this Verification.
This statement and Verification are made subject to the penalties of 18 Pa. C.S. 9 4904
relating to unsworn falsification to authorities, which provides that if I knowingly make false
averments, I may be subj ect to criminal penalties.
Dickinson College
o~
Thomas Meyer
Bursar
Dated;
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7619C2n
David R. Galloway, Esquire
MARTSON DEARDORFF WILLIAMS & OTTO
Ten East High Street
Carlisle, PA 17013
(717) 243-3341
Attomeys for Plaintiff
DICKINSON COLLEGE,
Plaintiff
IN THE COURT OF COMMON PL S OF
CUMBERLAND COUNTY, PENNS LV ANIA
v.
NO. 05-756
CIVIL ACTION-LAW
DANIELLE MCLAUGHLIN,
Defendant
JURY TRIAL OF TWELVE DEMA DED
PRAECIPE
Mto""
Pleasc reinstate the ;:,~ Complaint against Danielle McLaughlin, 4430 ougIaston
Parkway, Apt. 2C, Littlc Neck, New York 11363-1872, in the above-captioned actio and retum
same to the undersigncd for service.
Respectfully Submitted,
MARTSON DEARDORFF
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David R. Galloway, Esquire
1. D. Number 87326
Ten East High Strcet
Carlisle, P A 17013
(717) 243-3341
Date: March 21, 2005
Attomeys for Plaintiff
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lvid R. Galloway, Esquire
ARTS ON DEARDORFF WILLIAMS & OTTO
en East High Street
arlisle, PA 17013
717) 243-3341
<\ttorneys for Plaintiff
DICKINSON COLLEGE,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 05-756
CIVIL ACTION-LAW
DANIELLE MCLAUGHLIN,
Defendant
JURY TRIAL OF TWELVE DEMANDED
PRAECIPE
Please reinstate the attached Complaint against Danielle McLaughlin, 55 Lafayette Avenue,
Hillsdale, NJ 07642, in the above-captioned action and return same to the undersigned for service.
Respectfully Submitted,
MARTSON DE
F WILLIAMS & OTTO
By
David R. Galloway, Esqu e
L D. Number 87326
Ten East High Street
Carlisle, PA 17013
(717) 243-3341
Date: June 15, 2005
Attorneys for Plaintiff
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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. 05-756
CNIL ACTION-LAW
DANIELLE MCLAUGHLIN,
Defendant
JURY TRIAL OF TWELVE DEMANDED
TO: DANIELLE MCLAUGHLIN, DEFENDANT
NOTICE OF ENTRY OF DEFAULT JUDGMENT
You are hereby notified that on 7/0<'11 OS"--, 2005, the following Judgment was
entered against you in the above-captioned case as follows:
Principal plus interest through January 20,2005;
Interest from January 20,2005 through July 28,2005;
Attorneys' fees:
Total Judgment:
$1,727.23
$ 41.58
$ 500.00
$2,268.81
Costs of suit and interest accruing at $0.22 per day from July 28, 2005, shall be added to
the Judgment for Defendant's failure to file an Answer to the Complaint.
prothonot' wJ;:}. /(. ~- ~
I hereby certify that the name and address of the proper person to receive this notice under
Pa. R. Civ. P. 236 is;
Ms. Danielle McLaughlin
55 Lafayette Avenue
Hillsdale, NJ 07642
M
Date: July 28, 2005
By
David R. Gallo
Attorneys for Plaintiff
F: IFILESIDA T AFILE\DkkinsonCollege7619\Col1ectiuns\Cl.llTenl\298Ipra3
Created' 7/28105 0:09PM
Revised: 7/28105 ]47PM
7619C298.
David R. Galloway, Esquire
MARTS ON 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. 05-756
CIVIL ACTION-LAW
DANIELLE MCLAUGHLIN,
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 January 20,2005:
Interest from January 20,2005 through July 28,2005;
Attorneys' fees:
$1,727.23
$ 41.58
$ 500.00
Total Judgment: $2,268.81
Costs of suit and interest accruing at $0.22 per day from July 28,2005, 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 July 13, 2005, which date was
subsequent to the date default occurred and at least ten (10) days prior to the date ofthe Praecipe.
Dated: July 28, 2005
By
David R. Galloway, Esquire
Ten East High Street
Carlisle, P A 17013
(717) 243-3341
Attorneys for Plaintiff
F WILLIAMS & OTTO
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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. 05-756
CIVIL ACTION-LAW
DANIELLE MCLAUGHLIN,
Defendant
JURY TRIAL OF TWELVE DEMANDED
TO: DANIELLE MCLAUGHLIN
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 MAYBE 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: July 13, 2005
CERTIFICATE OF SERVICE
I, Jean Taylor, an authorized agent of MARTS ON DEARDORFF WILLIAMS & OTTO,
hereby certify that a copy ofthe 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. Danielle McLaughlin
55 Lafayette Avenue
Hillsdale, NJ 07642
MARTS ON DEARDORFF WILLIAMS & OTTO
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By
Jean
Ten a t High Street
Carlisle, PAl 7013
(717) 243-3341
Dated; July 28, 2005
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Created 7/29105922AM
Revised 7/29/059:38AM
7619C298
David R. Galloway, Esquire
MARTSON DEARDORFF WILLIAMS & OTTO
10 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. 05-756
CIVIL ACTION-LAW
DANIELLE MCLAUGHLIN,
Defendant
JURY TRIAL OF TWELVE DEMANDED
PRAECIPE TO DOCUMENT SERVICE AND COST OF SERVICE
PURSUANT TO THE PENNSYL VANIA LONG ARM STATUTE
TO THE PROTHONOTARY:
I hereby certify that a copy ofthe Complaint was mailed to Danielle McLaughlin on June 16,
2005, by certified mail, restricted delivery, return receipt requested.
Attached is the Post Office return receipt signed and dated June 18,2005 and a copy of the
receipt showing the cost of service was $8.15.
MARTS ON DEARDORFF WILLIAMS & OTTO
By
Da . Gallo
I.D. No. 87326
10 E. High Street
Carlisle, P A 17013-3093
(717) 243-3341
Date: July 29,2005
Attorneys for Plaintiff
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Iteln 4 ~ ReilttIcIlld DeUvery Is deslred.
. Print your name and address on the I8Y8I98
so that we can return the cardia you.
. Allach this cardia the back of the rnallpIece,
Ironl n space permits.
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CERTIFICATE OF SERVICE
I, Jean Taylor, an authorized agent of Marts on Deardorff Williams & Otto, hereby certify that
a copy of the foregoing Praecipe was served this date by depositing same in the Post Office at
Carlisle, P A, first class mail, postage prepaid, addressed as follows:
Ms. Danielle McLaughlin
55 Lafayette Avenue
Hillsdale, NJ 07642
MARTSON DEARDORFF WILLIAMS & OTTO
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BY~ 1'4 G
J e aylor
Te ast High Street
Carlisle, PA 17013
(717) 243-3341
Dated: July 29,2005