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HomeMy WebLinkAbout03-3284F.\ ILESMATAFILE\M kmo .. College 9619\ i&m..nColl<geCallu?ionr9619QD000ments\IBS.yom C.Uad. 4/28/03 1:54 03 PM Revised. 7/10/03 11.49-.21 AM DICKINSON COLLEGE, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 03- 3.) CIVIL ACTION-LAW MARCIA McKNIFF 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 OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP: Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 MARTSON David R. Galloway I.D. Number 87326 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff WILLIAMS & OTTO Date: 7//D/OS DICKINSON COLLEGE, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 03- 3.-)- 8 y Coi( Tc.._ CIVIL ACTION-LAW MARCIA McKNIFF 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: Plaintiff Dickinson College is a Pennsylvania educational institution and nonprofit corporation with its principle place of business at West Street, Post Office Box 1773, Carlisle, Cumberland County, Pennsylvania 17013. 2. Defendant Marcia McKniff is an adult individual with a last known address of 6020 Bernhard Avenue, Richmond, CA 94805. 3. On or about August 26, 1996, Defendant entered into a Promissory Note - Federal Perkins Loan Program (Note 41) with Plaintiff. A copy of Note #1 is attached hereto as Exhibit "A." 4. Note #1 provided for the financing of $2,000.00 plus interest and costs by Defendant on her own behalf, for educational services and benefits at Plaintiff's institution. On or about September 5, 1997, Defendant entered into an additional Promissory Note - Federal Perkins Loan Program (Note #2) with Plaintiff. A copy of Note #2 is attached hereto as Exhibit "B." 6. Note 42 provided for the financing of $2,000.00 plus interest and costs by Defendant on her own behalf, for educational services and benefits at Plaintiff s institution. 7. On or about September 11, 1998, Defendant entered into an additional Promissory Note - Federal Perkins Loan Program (Note #3) with Plaintiff. A copy of Note #2 is attached hereto as Exhibit "C." 8. Note #3 provided for the financing of $2,000.00 plus interest and costs by Defendant on her own behalf, for educational services and benefits at Plaintiff's institution. 9. On or about October 20,1999, Defendant entered into an additional Promissory Note - Federal Perkins Loan Program (Note #4) with Plaintiff. A copy of Note #2 is attached hereto as Exhibit "D." 10. Note 44 provided for the financing of $2,000.00 plus interest and costs by Defendant on his own behalf, for educational services and benefits at Plaintiff s institution. 11. Note #1, Note #2, Note #3 and Note #4 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. 12. 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. 13. The total principal for Note #1, Note 42, Note #3 and Note 44 is $8,000.00. 14. Note #1, Note #2, Note #3 and Note 44 grant Plaintiff reasonable collection and attorney's fees which Plaintiff has calculated to be $1,200.00. 15. As of April 3, 2003, the principal and interest due and payable by Defendant to Plaintiff was $7,310.70, plus interest accruing thereafter at $.96 per day. 16. The outstanding balance of $7,310.70 represents the total and actual overdue value of the financing provided to Defendant under Note #1, Note #2, Note #3 and Note #4 for which Defendant has yet to pay. 17. Plaintiff has fulfilled, performed and complied with all obligations and conditions of Note #1, Note #2, Note #3 and Note #4. COUNTI BREACH OF CONTRACT 18. Plaintiff hereby incorporates by reference the averments contained in Paragraphs 1 through 13 of this Complaint. 19. Defendant breached the expressed and implied obligations, conditions and terms of agreement ofNote #1, Note #2, Note #3 and Note #4 by failing to pay the amounts financed therein. WHEREFORE, Plaintiff demands judgment against Defendant in the amount of $7,310.70, plus interest accruing at $.96 per day, collection and attorneys' fees in the amount of $1,200.00 and costs of suit. COUNT II IN OUANTUMMERUIT 20. Plaintiff hereby incorporates by reference the averments contained in Paragraphs 1 through 19 of this Complaint. 21. Having requested Plaintiff to loan money, and doing so to the benefit of Defendant, Defendant became liable to Plaintiff for said money. 22. Defendant has been unjustly enriched by accepting said money without paying Plaintiff reasonable compensation therefor. 23. As of April 3, 2003, Defendant is liable to Plaintiff and/or has been unjustly enriched in the amount of $7,310.70, plus interest accruing thereafter at $.96 per day. WHEREFORE, Plaintiff demands judgment against Defendant in the amount of $7,310.70, plus interest accruing at $.96 per day, collection and attorneys' fees in the amount of $1,200.00 and costs of suit. D7ON David R. Gall Date: *16 -.) I.D. Number 87326 Ten East High Street Carlisle, PA 17013-3093 (717) 243-3341 Attorneys for Plaintiff WILLIAMS & OTTO Exhibit A FEDERAL PERKINS LOAN PROMISSORY NOTE Ji - _ - 1. Name (last, first, middle initiaq and 2. Social Security Number p Permanent Address (street, city, state, zip code) ?(p 0 - 8 ? - Z 5 O l McKniff, Marcia 3. Date of Birth - Z - $ TIC_'ArY?bYIG(l CA. /? "ITO 05 4. Area Code/felephone Number e-?\IC_?Aryoykt?)(l CA. q4,305 4. Area Code/Telephone Number C5(0) 2r3Ll- 5 l`l l 5. Driver's License Number (List state abbreviation first) N0?1e 6. School Name & Address (street, city, state, zip code) Dick1nsm College P.O. Box 1773 Carlisle, PA 17013-2896 7. Borrower Status 18. Interest Rate U Haff-fim a greahsr ? Less than hisfAime I 5% 9. Loan Amount: $2000.00 TERMS AND COND/T/ONS: W. Loari Period 1996-97 ]Any bickered clause or parapaph may be uxiuded a option of institution] APPLICABLE LAW - The terms of this note and any disbursements made under this note shall be interpreted in accordance with Part E of Title IV of the Higher Education Act of 1965, as amended (hereinafter called the Act), as well as Federal regulations Issued under the Act. All sums advanced under this note are subject to the Act and Federal regulations issued under the Act. REPAYMENT - I am obligated to repay the principal and the interest that accrues on it to the above-named institution (hereinafter ailed the school) over a period beginning 9 months (or sooner if 1 am a less than a half-time borrower) after the date I cease to be at least a half-time student at an Institution of higher education or a comparable school outside the United Sates approved by the United States Secretary of Education (hereinafter called the Secretary) and ending 10 years later, unless I request in writing that my repayment period begin sooner. I understand that the school will report the amount of my instalment payments, along with the amount of this loan to a rational credit bureau. Interest on this loan shall accrue from the beginning of the repayment period. My repayment period may be shorter than 10 years if I am required by my school to make minimum monthly payments. Upon my written request my repayment period may be extended during periods of deferment, hardship. or forbearance and I may make graduated installments In accordance with a schedule approved by the Secretary. I will make my installment payments In equal monthly bimonthly or quarterly Installments as determined by the school. The school may round my instalment payment to the next highest multiple of $5. ]I will make a minimum monthly repayment of $40 (or $30 if I have outstanding Federal Perkins loam made before October 1. 1992 that included the $30 minimum payment option) in accordance with the Minimum Monthly Payment Section of the Terms and Conditions contained on the reverse side of this document.] LATE CHARGES - The school will impose late charges if I do not make a scheduled payment when due or if I fail to submit to the school on or before the due date of the payment, a properly documented written request that 1 qualify for any of the forbearance. deferment or an:ellation benefits as described below. No late charges may exceed 20% of my monthly, bimonthly or quarterly payment. The school may add the ate charges to principal the day after the scheduled repayment was due or include it with the next scheduled repayment after I have received notice of the charge, and such notice is sent before the next instalment is due. REQUESTS FOR DEFERMENT, CANCELLATION OR FORBEARANCE -To met" deferment, cancellation, or forbearance benefits. I most make a written request to the school and must submit to the school any documentation the school requires to prove my eligibility for these benefits. I am responsible for submitting the appropriate requests on time, and I may lose my benefits if I fall to file my request on time. DEFAULT - If 1 fail to make a scheduled payment when due; If I fail to submit to the school. an or before the due date of a scheduled payment. documentation that I qualify for a deferment, cancellation, or forbearance; or if I fad to comply with the terms and conditions of this promissory note or written repayment agreement, the school may, at its option. declare my loan to be in default and may accelerate my loan (demand immediate payment of the entire unpaid balance of the loan, Including principal, interest. late charges. and collection costs). The school, and the Secretary, lf my loan is assigned to the Secretary for collection, shall disclose to credit bureau organizations that I have defaulted and all other relevant loan information. I will lose my right to defer payments and my right to forbearance if I default on my loan. I will lox my right to receive cancellation benefits for service that is performed after the due the school accelerated the loan. 1 will be Ineligible for any further federal student financial assistance authorized under the Act until 1 make arrangements that are satisfactory to the school or the Secretary to repay my loan. CHANCE OF STATUS - I will inform the school of any change in my name, address, telephone number, Social Security number, or drivels license number. ASSIGNMENT - This note may be assigned by the school only to the United States. The provisions of this note that relate to the school shall where appropriate relate to the assignee, PROMISE TO PAY: I promise to pay the school, or a subsequent holder of the Promissory Note, the sum of amount(s) advanced to me under the terms of this Note, plus interest and other fees which may become due as provided in this Note. I promise to pay all reasonable collection costs. including attorney fees and other charges, necessary for the collection of any amount not paid when due. I will not sign this Note before reading it. Including the provisions on the reverse side. This loan has been made to me without security or endorsement. My signature certifies I have read. understand, and agree to the terms and conditions of this Promissory Note. THIS IS A LOAN(S) THAT MUST BE REPAID Borr em's Signature' V EXHIBIT "A" Date: Terms and Conditions (conc.) HARDSHIP REPAYMENT OPTIONS - Upon my written request, if I qualify as a low-income individual during the repayment period, the school may extend the repayment period for up to an additional ten (10) years and may adjust any repayment schedule to reflect my income. Upon my written request, the school may extend the repayment period if, in its opinion, prolonged illness or unemployment prevent me from making the scheduled repayments during which time interest will continue to accrue. The school may permit me to pay less than the mimmurn monthly repayment rate for a period of not more than one year at a time if I experience a period of prolonged illness or unemployment except such action may not extend the repayment period beyond 10 years. GRACE PERIODS - My initial grace period before beginning repayment is 9 months. If I am a Less-Than-Half-Time Borrower with outstanding Federal Perkins Loans, my repayment begins when the next scheduled installment of my outstanding loan is due. If I am a Less-Than-Half-Time Borrower with no outstanding Federal Perkins Loans, my repayment begins the earlier of: 9 months from the date my loan was made, or 9 months from the date I became less than a half-time student, even if I received the loan after I became a less than half--time student. My payments will resume after a post-deferent grace period of 6 months that follows deferments that apply to Federal Perkins loan. PREPAYMENT - I may prepay all or any part of my unpaid loan balance. plus any accrued interest, at any time without penalty. Amounts I repay in the academic year in which the loan was made and before the initial grace period has ended will be used to reduce the amount of the loan and will not be considered a prepayment. If I repay amounts during the academic year in which the loan was made and the initial grace period ended, only those amounts in excess of the amount due for any repayment period shall be considered a prepayment. If, in an academic year other than the award year in which the loan was made, I repay more than the amount due form install- ment, the excess will be used to repay principal unless I designate it as an advance payment of the next regular installment. MINIMUM MONTHLY PAYMENT - I will make a minimum monthly repayment of $40 (m $30 if I have outstanding Federal Perkins loans made before October 1, 1992 that included the $30 minim= payment option) if required by the school. If the total monthly repayment rate on this loan and any outstanding Federal Perkins loam I may have is less than the minimum monthly repayment rate established by the school, the school may stiff require a minimum monthly repayment rate. A minimum monthly repayment amount will combine my obligation on this and all my outstanding Federal Perkins karts, including those made at other schools. The portion of the minimum monthly payment that will be applied to this loan will be the difference between the minimum monthly payment and the total amounts owed at a monthly rate on my other Federal Perkins loans. If each school holding my outstanding Federal Perkins loans exercises the minimum monthly payment option, the minimum monthly repayment will be divided among the schools in proportion to the amount of principal advanced by each school. FORBEARANCE - Upon making a properly documented written request to the school, I am entitled to forbearance of principal and interest or principal only, renewable at intervals up to 12 months for periods that collectively do not exceed three years, under the following condition: If my monthly Title IV loan debt burden equals or exceeds 20% of my total monthly gross income; if the Secretary authorizes a period of forbearance due to a national military mobilization m other national emergency; or if the school determines that I qualify due to poor health or for other reason. including service in AmeriCorps. Interest accrues during any period of forbearance. DEFERMENTS - Upon making a properly documented written request to the school, I may defer making scheduled installment payments and will not be liable for any interest that might otherwise accrue 1) during any period that I am: enrolled and attending as a regular student in at least a half-time course of study at an eligible school; enrolled and attending as a regular student a graduate fellowship program approved by the Secretary; engaged in graduate or post-graduate fellowship-supported study outside the US; enrolled and attending a rehabilitation training program for disabled individuals approved by the Secretary; engaged in public service that qualifies me to have part or all of my loan canceled: 2) for a period not to exceed three years during which I am seeking but unable to find full-time employment, 3) for a period not to exceed three years during which I am experiencing an economic hardship as deternined by the school. I am not eligible for a deferent while serving in a medical internship or residency program. I may continue to defer making scheduled installment payments and will not be liable for any interest that might otherwise accrue for a six-month period immediately following the expiration of any deferent period described in this paragraph. CANCELLATIONS - Upon making a properly documented written request to the school, I am entitled to have up to 100% of the original principal loan amount of this loan canceled if I perform qualifying service in the areas listed in paragraphs A. B, C. D and E below. Qualifying Service most be performed after I receive the loan. A. Teaching • a fall-time teacher in a public or other nonpmfit elementary or secondary school, that has been designated by the Secretary in accordance with the provisions of section 465(a) (2) of the Act as a school with a high concentration of students from low-income families. An official Directory of designated low-income schools is published annually by the Secretary. • a full- time special education teacher in a public or nonpmfit elementary or secondary school system. • a full-time teacher, in a public or other nonprofit elementary or secondary school system, who teaches mathematics, science, foreign languages, bilingual education, or any other field of expertise that is determined by the State Department of Education to have a shortage of qualified teachers in that State. B. Early Intervention Services • a full-time qualified professional provider of early intervention services in a public or other nonprofit program under public supervision by a lead agency as authorized by section 672(2) of the Individuals with Disabilities Education Act. Early Intervention Services are provided to infants and toddlers with disabilities. C. law Enforcement or Corrections Officer • a full-time law enforcement officer for an eligible local. State, or Federal law enforcement agency; or • a full-time corrections officer for an eligible local. State, or Federal corrections agency. D. Nora or Medical Technician • a full-time nurse providing health care services; or • a full-time medial technician providing health care services. E. Child or Family Service Agency • a full-time employee of an eligible public or private non-profit child or family service agency who is providing m supervising the provision of services to high-risk children who are from low- income communities and the families of such children. Cancellation Rates - For each completed year of service under paragraphs A, B, C. D and E a portion of this loan will be canceled at the following rates: • 15% of the original principal loan amount for each of the first and second years; • 20% of the original principal loan amount for each of the third year and fourth years; and • 30% of the original principal loan amount for the fifth year. F. Head Start Cancellation - Upon making a properly documented written request to the school. I am entitled to have up to 100% of the original principal loan amount canceled for qualifying service performed after I receive the loan as: • a full-time staff member in the educational component of a Head Start program which is operated for a period comparable to a full school year and which pays a salary comparable to an employee of the local educa- tional agency. Cancellation Rate - For each completed year of service under the Head Start Cancellation provision, this loan will be canceled at the rate of 15% of the original principal loan amount. G. Military Cancellation - Upon making a properly documented written request to the school, I am entitled to have up to 50% of the principal amount of this loan canceled for qualifying service performed after I receive the loan as: • a member of the Armed Forces of the United States in an area of hostilities that gmhfla for special pay under section 310 of Title 37 of the United States Code. Cancellation Rate - For each completed year of service under the Military Cancellation provision, this loan will be canceled at the rate of 12 1/2% of the original principal loan amount. H. Volunteer Service Cancellation - Upon making a properly documented written request to the school. I am entitled to have up to 70% of the original principal loan amount of this loan canceled for qualifying service performed after I received the loan as: • a volunteer under the Peace Corps Act; • a volunteer under the Domestic Volunteer Service Act of 1973 (ACTION prograrts). Cancellation Rate - For each completed year of service under the Volunteer Service Cancellation provision, a portion of this loan will be canceled at the following rata: • 15% of the original principal loan amount for each of the first and second 12-month periods of service; and • 20% of the original principal loan amount for each of the third and fourth 12-month periods of service. 1. Death and Disability Cancellation - In the event of my death, the school will cancel the total amount owed on this loan. If I become permanently and totally disabled after I receive this loan, the school will cancel the total amount owed on this loan. Exhibit B FEDERAL PERKINS LOAN PROMISSORY NOTE 1. Name (last, first, middle initial) and Permanent Address (street, city, state, zip code) McKniff, Marcia M. 6020 Bernhard Ave. Richmond, CA 94805 6. School Name & Address (street, city, state, zip Dickinson ColleW P.O. Hoc 1773 Carlisle, PA 17013-2896 TERMS AND CONDITIONS: 00273-000-00-3286-0p 2. Social Security Number q(o0- r? -a59 3. Date of Birth 0 4. Area Code/Telephone Number 5 (5r0) 52 -? - 31 5. Driver's License Number (List state abbreviation first) NA 7. Borrower Status 18. Interest Rate V Hare-time m greater ? Lass than hag-time I 5% 9. Loan Amount: $2,000.00 10. Loari Period 1997-1998 [Any bracketed clause or paragraph maybe included at option of institution.] APPLICABLE LAW -The terms of this note and any disbursements made under this note shall be interpreted in accordance with Part E of Title IV of the Higher Education Act of 1965, as amended (hereinafter called the Act), as well as Federal regulations issued under the Act. All sums advanced under this note are subject to the Act and Federal regulations issued under the Act. REPAYMENT - I am obligated to repay the principal and the interest that accrues on it to the above-named institution (hereinafter called the school) over a period beginning 9 months (or sooner if 1 am a less than a half-time borrower) after the date I cease to be at least a half-time student at an Institution of higher education or a comparable school outside the United States approved by the United States Secretary of Education (hereinafter called the Secretary) and ending 10 years later, unless I request in writing that my repayment period begin sooner. 1 understand that the school will report the amount of my installment payments. along with the amount of this loan to a national credit bureau. Interest on this loan shall accrue from the beginning of the repayment period, My repayment period may be shorter than 10 years if l am required by my school to make minimum monthly payments. Upon my written request my repayment period may be extended during periods of deferment, hardship, or forbearance and I may make graduated installments in accordance with a schedule approved by the Secretary. I will make my installment payments in equal monthly, bimonthly or quarterly installments as determined by the school. The school may round my installment payment to the next highest multiple of $5. [1 will make a minimum monthly repayment of $40 (or $30 if I have outstanding Federal Perkins loans made before October 1, 1992 that included the $30 minimum payment option) in accordance with the Minimum Monthly Payment Section of the Terms and Conditions contained on the reverse side of this document] LATE CHARGES - The school will impose late charges if I do not make a scheduled payment when due or if I fail to submit to the school on or before the due date of the payment, a properly documented written request that I qualify for any of the forbearance. deferment or cancellation benefits as described below. No late charges may exceed 20% of my monthly. bimonthly or quarterly payment. The school may add the late charges to principal the day after the scheduled repayment was due or include it with the next scheduled repayment after I have received notice of the charge, and such notice is sent before the next installment is due. REQUESTS FOR DEFERMENT. CANCELLATION OR FORBEARANCE -To receive deferment, cancellation. or forbearance benefits, 1 must make a written request to the school and must submit to the school any documentation the school requires to prove my eligibility for these benefits. I am responsible for submitting the appropriate requests on time. and I may lose my benefits if I fail to file my request on time. DEFAULT - If 1 fail to make a scheduled payment when due: if 1 fail to submit to the school. on or before the due date of a scheduled payment. documentation that I qualify for a deferment. cancellation, or forbearance: or if 1 fail to comply with the terms and conditions of this promissory note or written repayment agreement, the school may, at its option, declare my loan to be in default and may accelerate my loan (demand immediate payment of the entire unpaid balance of the loan, including principal, interest, late charges, and collection costs). The school. and the Secretary, if my loan is assigned to the Secretary for collection, shall disclose to credit bureau organizations that I have defaulted and all other relevant loan information. I will lose my right to defer payments and my right to forbearance if I default on my loan, I will lose my right to receive cancellation benefits for service that is performed after the date the school accelerated the loan. I will be ineligible for any further federal student financial assistance authorized under the Act until I make arrangements that are satisfactory to the school or the Secretary to repay my loan. CHANGE OF STATUS - I will inform the school of any change in my name, address, telephone number, Social Security number, or driver's license number. ASSIGNMENT - This note may be assigned by the school only to the United States. The provisions of this note that relate to the school shall where appropriate relate to the assignee. PROMISE TO PAY. I promise to pay the school, or a subsequent holder of the Promissory Note, the sum of amount(s) advanced to me under the terms of this Note, plus interest and other fees which may become due as provided in this Note. I promise to pay all reasonable collection costs. including attorney fees and other charges. necessary for the collection of any amount not paid when due. I will not sign this Note before reading it. including the provisions an the reverse side. This loan has been made to me without security or endorsement. My signature certifies I have read, understand. and agree to the terms and conditions of this Promissory Note. THIS IS A LOAN(S) THAT MUST BE REPAID ` /l?cc V 4V1 q- S - Y? v Borrower's Signature EXHISTT "B" Date: Terms and Conditions (conc.) HARDSHIP REPAYMENT OPTIONS - Upon my written request. if l qualify as a low-income individual during the repayment period, the school may extend the repayment period for up to an additional ten (10) years and may adjust any repayment schedule to reflect my income. Upon my written request, the school may extend the repayment period if. in its opinion, prolonged illness or unemployment prevent me from making the scheduled repayments during which time interest will continue to accrue. The school may permit me to pay less than the minimum monthly repayment rate for a period of not More than one year at a time if I experience a period of prolonged illness or unemployment except such action may not extend the repayment period beyond 10 years. GRACE PERIODS - My initial grace period before beginning repayment is 9 months. If I am a Les-Than-Half-Time Borrower with outstanding Federal Perkins Lours, my repayment begins when the next scheduled installment of my outstanding loan is due. If I am a Les-Than-Half-Time Borrower with no outstanding Federal Perkins Loans, my repayment begins the earlier of 9 months from the date my loan was made. or 9 months from the date I became less than a half-time student, even if I received the loan after I became a less than half-time student. My payments will resume after a post-deferment grace period of 6 months that follows deferments that apply to Federal Perkins loans. PREPAYMENT - I may prepay all or any part of my unpaid loan balance, plus any accrued interest, at any time without penalty. Amounts I repay in the academic year in which the loan was made and before the initial grace period has ended will be used to reduce the amount of the loan and will not be considered a prepayment. If I repay amounts during the academic year in which the loan was made and the initial grace period ended. only those amounts in excess of the amount due for any repayment period shall be considered a prepavment. If, in an academic year other than the award year in which the loan was made. I repay more than the amount due for an install- ment. the excess will be used to repay principal unless I designate it as an advance payment of the next regular installment. MINIMUM MONTHLY PAYMENT - I will make a minimum monthly repayment of $40 (or $30 if I have outstanding Federal Perkins loam made before October 1, 1992 that included the $30 romarrarn payment option) if required by the school. If the total monthly repayment rate on this loan and any outstanding Federal Perkins loans I may have u less than the minimum monthly repayment rate established by the school, the school may still require a minimum monthly repayment rate. A minimum monthly repayment amount will combine my obligation on this and all my outstanding Federal Perkins loans. including those made at other schools. The portion of the minimum monthly payment that will be applied to this loan will be the difference between the minimum monthly payment and the total amounts owed at a monthly rate on my other Federal Perkins loans. If each school holding my outstanding Federal Perkins loans exercises the minimum monthly payment option. the minimum monthly repayment will be divided among the schools in proportion to the amount of principal advanced by each school. FORBEARANCE - Upon making a properly documented written request to the school, I am entitled to forbearance of principal and interest or principal only, renewable at intervals up to 12 months for periods that collectively do not exceed three years, under the following conditions: If my monthly Title IV loan debt burden equals or exceeds 20% of my total monthly gross income; if the Secretary authorizes a period of forbearance due to a national military mobilization or other national emergency, or if the school determines that I qualify due to poor health or for other reasons, including service in AmenCorps. Interest accrues daring any period of forbearance. DEFERMENTS - Upon making a properly documented written request to the school, I may defer making scheduled installment payments and will not be liable for any interest that might otherwise accrue 1) during any period that I am'. enrolled and attending as a regular student in at least a half-time course of study at an eligible school; enrolled and attending as a regular student a graduate fellowship program approved by the Secretary. engaged in graduate or post graduate fellowship-supported study outside the US : enrolled and attending a rehabilitation training program for disabled individuals approved by the Secretary, engaged in public service that qualifies me to have part or all of my loan canceled, 2) for a period not to exceed three years during which I am seeking but unahle to find full-time employment. 3) for a period not to exceed dyer vents during which I am experiencing an economic hardship as determined br the a hoof I am not eligible for a deferment while serving in a medi,A iieemship of ovidene: program. I mac,continue to defer making schedult d -installment payments and will not Ix liable cur any interest that might otherwise auruc for a six month period iounediateh fullowmg the expiratlun of ariv (left rinunt period described to Lhis paragraph. CANCELLATIONS Upon making a properly documented written request to the schuul. I am entitled to have up to 100°n of the original principal loan amount of [his loan canceled if I perform qualifying service in the areas listed in paragraphs .A, B, C. D and E below. Qualifying Service must be performed after I receive the loan. A. Teaching • a full-time teacher in a public or other nonprofit elementary or secondary, school. that has been designated by the Secretary in accordance with the provisions of section 465(a) (2) of the Act as a school with a high concentration of students from low-income families. An official Directory of designated low-income schools is published annually by the Secretary. • a full- time special education teacher in a public or nonprofit elementary or secondary school system. • a full-time teacher, in a public or other nonprofit elementary or secondary school system, who teaches mathematics, science, foreign languages, bilingual education. or any other field of expertise that is determined by the State Department of Education to have a shortage of qualified teachers in that State. B. Early Intervention Services • a full-time qualified professional provider of early intervention services in a public or other nonprofit program under public supervision by a lead agency as authorized by section 672(2) of the Individuals with Disabilities Education Act. Early Intervention Services are provided to infants and toddlers with disabilities. C. Law Enforcement or Corrections Officer • a full-time law enforcement officer for an eligible local, State, or Federal law enforcement agency; or • a full-Lime corrections officer for an eligible local, State, or Federal corrections agency. D. Nurse or Medical Technician • a full-time nurse providing health care services: or • a full-time medical technician providing health care services. E. Child or Family Service Agency • a full-time employee of an eligible public or private non-profit child or family service agency who is providing or supervising the provision of services to high-risk children who am from low- income cummunities and the families of such children. Cancellation Rates - For each completed year of service under paragraphs A, B. C, D and E a portion of this loan will he canceled at the following rates: • 15% of the original principal loan amount for each of the first and second years; • 20% of the original principal loan amount for each of the third year and fourth years; and • 30% of the original principal loan amount for the fifth year. F. Head Start Cancellation - Upon making a properly documented written request to the school, I am entitled to have up to 100% of the original principal loan amount canceled for qualifying service performed after I receive the loan as: • a full-time staff member in the educational component of a Head Start program which is operated for a period comparable to a full school year and which pays a salary comparable to an employee of the local educa- tional agency. Cancellation Rate - For each completed year of service under the Head Start Cancellation provision, this loan will he canceled at the rate of 15% of the original principal loan amount. G. Military Cancellation - Upon making a properly documented written request to die school, I am entitled to have up to 50% of the principal amount of this loan canceled for qualifying service performed after I receive the loan as: • a member of the Armed Forces of the United States in an area of hostilities that qualifies for special pay under section 310 of Title 37 of the United States Code. Cancellation Rate - For each completed year of service under the Military Cancellation provision. this loan will be canceled at the rate of 12 112% of the original principal loan amount. H. Volunteer Service Cancellation - Upon making a properly documented written request to the school, I am entitled to have up to 70`%o of the original principal loan amount of this loan canceled for qualifying service performed after I received the loan as • a volunteer under the Peace Corps Act; • a volunteer under the Domestic Volunteer Service Act of 1973 (ACTION programs). Cancellation Rate - For each completed year of service under the Volunteer Service Cancellation provision. a portion of this loan will be canceled at the following rates: • 15% of the onginal principal loan amount for each of the first and second 12Month periods of service and • '0 ti of the orlgtnal principal loan amount for each of the third and fourth 12 innnth periods of u rcke. 1. Death and Disability Cancellation In the event of nac death. the school will cancel the total amount owed tin this Ivan. If 1 become permanently and mtalh disahled after I recer, this loan. the count will rancel the total amount owed on flits loan. PP:RKCNS (1? DSI.) 'PRUTH-LN-LENDING STATEMENT DICKINSON COLLEGE Account Number 00273-000-00-3286-09 Name of Borrower Mrl(niff Marria M Address 6020 Bernhard Ave. Richmond, CA 94805 ALNNUAL PERCENTAGE RATE The cost of your credit as a yearly rate. Prior to During repayment repayment AMOUNT FINANCED The amount of credit provided to you. 0 Y. 5 % $ 2 nnn nn Itemization of the Amount Financed: $ 2,nnn_on Amount given directly to you Late Charge: If a payment is late, you may be charged: $1.00 for the first late payment, and $2.00 for each subsequent late payment if this loan is payable monthly, $3.00 for each late payment if this loan is payable bimonthly, $6.00 for each late payment if this loan is payable quarterly. Prepayment: If you pay off early, you will not have to pay a penalty. See your promissory note for any additional information about nonpayment, de- fault, any required repayment in full before the scheduled date, and pre- payment. TEE BORROWER ACKNOWLEDGES RECEIPT OF AN EXACT COPY OF THIS STATEMENT. STUDENT INSTITUTIONAL BORROWE2?j A/7 ( /,,(A_ e, - REPRESENTATIVE DATE / "5 f ? ?_ 1( DATE Exhibit C FEDERAL PERKINS LOAN PROMISSORY NOTE e -Vncc. Lcd 5l ?/2$ 00273-000-00-3286-09 I'h-t,?1 J s ''?,'i4? -e?Y 0? _ l& k C i I 1/ 7-4 1. Name (last, first, middle initial) and Permanent Address (street, city, state, zip code) McKniff, Marcia 6020 Bernhard Ave. Richmond, CA 94805 6. School Name & Address (street, city, state, zip code) Dickinson College P.O. Baas 1773 Carlisle, PA 17013-2896 2. Social Security Number 460-87-2581 3. Date of Birth a- a_:? -?+ ? 4. Area Codefrelephone Number (510) 234-5141 5. Driver's License Number (List state abbreviation first) ? 0", 7 Borrower Status 8. Interest Rate L Half-time or greater ? Less than hall-lime I 5% 9. Loan Amount: 10. Loan Period $2.000.00 1998-1999 TERMS AND CONDITIONS: IAny bracketed clause or paagnaph may be included at option of institution, I APPLICABLE LAW -The terms of this note and any disbursements made under this note shall be interpreted in accordance with Part E of Title IV of the Higher Education Act of 1965. as amended (hereinafter called the Act), as well as Federal regulations issued under the Act. All sums advanced under this note are subject to the Act and Federal regulations issued under the Act. REPAYMENT - I am obligated to repay the principal and the interest that accrues on it to the above-named institution (hereinafter called the school) over a period beginning 9 months (or sooner if 1 am a less than a half-time borrower) after the date 1 cease to be at least a half-time student at an Institution of higher education or a comparable school outside the United States approved by the United States Secretary of Education (hereinafter called the Secretary) and ending 10 years later. unless I request in writing that my repayment period begin sooner. 1 understand that the school will report the amount of my installment payments, along with the amount of this loan to a national credit bureau. Interest on this loan shall accrue from the beginning of the repayment period. My repayment period may be shorter than 10 years if I am required by my school to make minimum monthly payments. Upon my written request my repayment period may be extended during periods of deferment. hardship, or forbearance and 1 may make graduated installments in accordance with a schedule approved by the Secretary. 1 will make my installment payments in equal monthly, bimonthly or quarterly installments as determined by the school. The school may round my installment payment to the next highest multiple of $5. 11 will make a minimum monthly repayment of $40 (or $30 if I have outstanding Federal Perkins loans made before October 1. 1992 that included the $30 minimum payment option) in accordance with the Minimum Monthly Payment Section of the Terms and Conditions contained on the reverse side of this document.] LATE CHARGES - The school will impose late charges if I do not make a scheduled payment when due or if I fail to submit to the school on or before the due date of the payment. a properly documented written request that 1 qualify for any of the forbearance, deferment or cancellation benefits as described below. No late charges may exceed 20% of my monthly. bimonthly or quarterly payment. The school may add the late charges to principal the day after the scheduled repayment was due or include it with the next scheduled repayment after I have received notice of the charge. and such notice is sent before the next installment is due. REQUESTS FOR DEFERMENT, CANCELLATION OR FORBEARANCE -To receive deferment, cancellation, or forbearance benefits, 1 must make a written request to the school and must submit to the school any documentation the school requires to prove my eligibility for these benefits. 1 am responsible for submitting the appropriate requests on time, and I may lose my benefits if I fail to file my request on time. DEFAULT - If 1 fail to make a scheduled payment when due: if I fail to submit to the school. on or before the due date of a scheduled payment. documentation that I qualify for a deferment cancellation. or forbearance: or if 1 fail to comply with the terms and conditions of this promissory note or written repayment agreement, the school may, at its option, declare my loan to be in default and may accelerate my loan (demand immediate payment of the entire unpaid balance of the loan, including principal, interest, late charges, and collection costs). The school, and the Secretary. if my loan is assigned to the Secretary for collection. shall disclose to credit bureau organizations that I have defaulted and all other relevant loan information. I will lose my right to defer payments and my right to forbearance if I default on my loan. I will lose my right to receive cancellation benefits for service that is. performed after the date the school accelerated the loan. I will be ineligible for any further federal student financial assistance authorized under the Act until I make arrangements that are satisfactory to the school or the Secretary to repay my loan. CHANGE OF STATUS - I will inform the school of any change in my name, address. telephone number, Social Security number, or driver's license number. ASSIGNMENT - This note may be assigned by the school only to the United States. The provisions of this note that relate to the school shall where appropriate relate to the assignee. PROMISE TO PAY'. 1 promise to pay the school, or a subsequent holder of the Promissory Note, the sum of amount(s) advanced to me under the terms of this Note. plus interest and other fees which may become due as provided in this Note. I promise to pay all reasonable collection costs, including attorney fees and other charges. necessary for the collection of any amount not paid when due. I will not sign this Note before reading it, including the provisions on the reverse side. This loan has been made to me without security or endorsement. My signature certifies I have read, understand, and agree to the terms and conditions of this Promissory Note. THIS IS A LOAN(S) THAT MUST BE REPAID BO OW errs Signature EXHIBIT "C" Date. Terms and Conditions (conc.) HARDSHIP REPAYMENT OPTIONS - Upon my written request. if I qualify as a low-income individual during the repayment period, the school may extend the repayment period for up to an additional ten (10) years and may adjust any repayment schedule to reflect my income. Upon my written request, the school may extend the repayment period if. in its opinion. prolonged illness or unemployment prevent me from making the scheduled repayments during which time interest will continue to accrue. The school may permit me to pay less than the minimum monthly repayment rate for a period of not mom than one year at a time if I experience a period of prolonged illness or unemployment except such action may not extend the repayment period beyond 10 years. GRACE PERIODS - My initial grace period before beginning repayment is 9 months. If I am a Less-Than-Half-Time Borrower with outstanding Federal Perkins Loans, my repayment begins when the next scheduled installment of my outstanding loan is due. If I am a Less-Than-Half-Time Borrower with no outstanding Federal Perkins Loans, my repayment begins the earlier of. 9 months from the date my loan was made. or 9 months from the date I became less than a half-time student. even if I received the loan after I became a less than half-time student. My payments will resume after a post-deferment grace period of 6 months that fo0ows deferments that apply to Federal Perkins loam. PREPAYMENT - I may prepay all or any part of my unpaid loan balance. plus any accrued interest, at any time without penalty. Amounts I repay in the academic year in which the loan was made and before the initial grace period has ended will be used to reduce the amount of the loan and will not be considered a prepayment. If I repay amounts during the academic year in which the loan was made and the initial grace period ended, only those amounts in excess of the amount due for any repayment period shall be considered a pepaymen(. If. in m academic year other than the award year in which the loan was made. I repay more than the amount due for an install- ment. the excess will be used to repay principal unless I designate it as an advance payment of the next regular installment. MINIMUM MONTHLY PAYMENT - I will make a minimum monthly repayment of S40 (or 530 if I have outstanding Federal Perkins loans made before October 1. 1992 that included the $30 minimum payment option) if required by the school. If the total monthly repayment rate on this loan and any outstanding Federal Perkins loans I may have is less than the minimum monthly repayment rate established by the school, the school may still require a minimum monthly repayment rate. A minimum monthly repayment amount will combine my obligation on this and all my outstanding Federal Perkins loans. including those made at other schools. The portion of the minimum monthly payment that will be applied to this loan will be the difference between the minimum monthly payment and the total amounts owed at a monthly rate on my other Federal Perkins loans. If each school holding my outstanding Federal Perkins loans exercises the minimum monthly payment option, the minimum monthly repayment will be divided among the schools in proportion to the amount of principal advanced by each school. FORBEARANCE - Upon making a properly documented written request to the school. I am entitled to forbearance of principal and interest or principal only, renewable at intervals up to 12 months for periods that collectively do not exceed three years, under the following conditions: If my monthly Title IV loan debt burden equals or exceeds 20% of my total monthly gross income: if the Secretary authorizes a period of forbearance due to a national military mobilization or other national emergency: or if the school determines that I qualify due to poor health or for other reasons, including service in AmerlCorps. Interest accrues during any period of forbearance. DEFERMENTS - Upon making a properly documented written request to the school. I may defer making scheduled installment payments and will not be liable for any interest that might otherwise accrue I) during any period that I am: enrolled and attending as a regular student in at least a half-time course of study at an eligible school: enrolled and attending as a regular student a graduate fellowship program approved by the Secretary: engaged in graduate or post-graduate fellowship-supported study outside the US: enrolled and attending a rehabilitation training program for disabled individuals approved by the Secretary: engaged in public service that qualifies me to have part or all of my loan canceled: 2) for a period not to exceed three years during which I am seeking but unable to find full-time employment. 3) for a period not to exceed three year, during which I am experiencing an economic hardship as determined he the school. I am not eligible for a deferment while serving in a medical internship jr residency program- I may continue to defer making scheduled installment payments and will not be liable for any interest that might otherwise accrue for a six month period immediately following the expiration of anv defennenr period described in this paragraph- CANCELLATIONS - Upon making a properly documented written request to the school. I am entitled to have up to 100% of the original principal loan amount of this loan canceled if I perform qualifying service in the areas listed in paragraphs A. B, C. D and E below. Qualifying Service must be performed after I receive the loan. A. Teaching • a full-time teacher in a public or other nonprofit elementary or secondary school, that has been designated by the Secretary in accordance with the provisions of section 465(a)(2) of the Act as a school with a high concentration of students from low-income families. An official Directory of designated low-income schools is published annually by the Secretary. • a full- time special education teacher in a public or nonprofit elementary or secondary school system. • a full-time teacher, in a public or other nonprofit elementary or secondary school system, who teaches mathematics, science, foreign languages, bilingual education. or any other field of expertise that is determined by the State Department of Education to have a shortage of qualified teachers in that State. B. Early Intervention Services • a full-time qualified professional provider of early intervention services in a public or other nonprofit program under public supervision by a lead agency as authorized by section 672(2) of the Individuals with Disabilities Education Act. Early Intervention Services are provided to infants and toddlers with disabilities. C. Law Enforcement or Corrections Officer • a full-time law enforcement officer for an eligible local. State. or Federal law enforcement agency: or • a full-time corrections officer for an eligible local. State, or Federal corrections agency D. Nurse or Medical Technician • a full-time nurse providing health care services: or • a full-time medical technician providing health care services. E. Child or Family Service Agency • a full-time employee of an eligible public or private non-profit child or family service agency who is providing or supervising the provision of services to high-risk children who are from low- income communities and the families of such children. Cancellation Rates - For each completed year of service under paragraphs A. B. C. D and E a portion of this loan will be canceled at the following rates: • 15% of the original principal loan amount for each of the first and second years; • 20% of the original principal loan amount for each of the third year and fourth years ; and • 30% of the original principal loan amount for the fifth year. E Head Start Cancellation - Upon making a properly documented written request to the school, I am entitled to have up to 100% of the original principal loan amount canceled for qualifying service performed after I receive the loan as: • a full-time staff member in the educational component of a Head Start program which is operated for a period comparable to a full school year and which pays a salary comparable to an employee of the local educa- donalagency. Cancellation Rate - For each completed year of service under the Head Start Cancellation provision, this loan will be canceled at the rate of 15% of the original principal loan amount. G. Military Cancellation - Upon making a properly documented written request to the school. I am entitled to have up to 50% of the principal amount of this loan canceled for qualifying service performed after I receive the loan as: • a member of the Armed Forces of the United States in an area of hostilities that qualifies for special pay under section 310 of Title 37 of the United States Code. Cancellation Rate - For each completed year of service under the Military Cancellation provision, this loan will be canceled at the rate of 12 1/2% of the original principal loan amount. H. Volunteer Service Cancellation - Upon making a properly documented written request to the school, I am entitled to have up to 70% of the original principal loan amount of this loan canceled for qualifying service performed after I received the loan as • a volunteer under the Peace Corps Act: • a volunteer under the Domestic Volunteer Service Act of 1973 (ACTION programs) - Cancellation Rate - For each completed year of service under the Volunteer Service Cancellation provision, a portion of this loan will be canceled at the following rates. • 15% of the original principal loan amount for each of the first and second 12-month periods of service; and • 20% of the original principal loan amount for each of the third and fourth 12-month periods of service. I. Death and Disability Cancellation - In the event of my death. the school will cancel the total amount owed on this loan. If I become permanently and totally disabled after I receive this loan. the school will cancel the total amount owed on this loan. PERKINS (NDSL) TRUTH-IN-I,ENDLNG STATEMENT DICKINSON COLLEGE Account Number 00273-000-00-3286-09 Name of Borrower Marcia McKniff Address 6020 Bernhard Ave. Richmond, CA 94805 ANNUAL PERCENTAGE RATE The cost of your credit as a yearly rate. Prior to During repayment repayment AMOUNT FINANCED The amount of credit provided to you. 0 Y. 5 7. $ 2,000.00 Itemization of the Amount Financed: $ 2.000.00 Amount given directly to you Late Charge: If a payment is late, you may be charged: $1.00 for the first late payment, and $2.00 for each subsequent late payment if this loan is payable monthly, $3.00 for each late payment if this loan is payable bimonthly, $6.00 for each late payment if this loan is payable quarterly. Prepayment: If you pay off early, you will not 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. TEE BORROWER ACKNOWLEDGES RECEIPT OF AN EXACT COPY OF THIS STATEMENT. STUDENT NSTITUTIONAL BORROWER /I Q WCEPRESENTATIVE( ?•-"/i 11 I DATE ?( vkl- , I l DATE J.P ! N / 17 `? J Exhibit FEDERAL PERKINS LOAN 00273-000-00-3286-09 PROMISSORY NOTE 1. Name (last, first, middle initial) and Permanent Address (street, city, state, zip code) Marcia McKniff (cc 2U 6.e rcl UQ. 1 ichwlonc( cit. ?I4?OS 2. Social Security Number 3. Date of Birth 4. a. Coderrelephone Number C ?I0)234-510 Driver's License Number (List state abbreviation first) 6. School Name & Address (street, city, state, zip code) Dickinson College P.O. Box 1773 Carlisle, PA 17013-2896 TERMS AND CONDITIONS. 7. Borrower Status 18. Interest Rate L Half-lime a greater ? Less than had-time I 5% 9. Loan Amount: $2,000.00 10. Loan Period 1999-2000 [Any bracketed clause or paragraph may be included at option of ensutudon.1 APPLICABLE LAW -The terms of this note and any disbursements made under this note shall be interpreted in accordance with Part E of Title IV of the Higher Education Act of 1965. as amended (hereinafter called the Act), as well as Federal regulations issued under the Act. All sums advanced under this note are subject to the Act and Federal regulations issued under the Act. REPAYMENT - I am obligated to repay the principal and the interest that accrues on it to the above-named institution (hereinafter called the school) over a period beginning 9 months (or sooner if 1 am a less than a half-time borrower) after the date I cease to be at least a half-time student at an Institution of higher education or a comparable school outside the United States approved by the United States Secretary of Education (hereinafter called the Secretary) and ending 10 years later, unless I request in writing that my repayment period begin sooner. I understand that the school will report the amount of my installment payments. along with the amount of this loan to a national credit bureau. Interest on this loan shall accrue from the beginning of the repayment period. My repayment period may be shorter than 10 years if 1 am required by my school to make minimum monthly payments. Upon my written request my repayment period may be extended during periods of deferment, hardship, or forbearance and I may make graduated installments in accordance with a schedule approved by the Secretary. I will make my installment payments in equal monthly, bimonthly or quarterly installments as determined by the school. The school may round my installment payment to the next highest multiple of $5, 11 will make a minimum monthly repayment of $40 (or $30 if I have outstanding Federal Perkins loans made before October 1, 1992 that included the $30 minimum payment option) in accordance with the Minimum Monthly Payment Section of the Terms and Conditions contained on the reverse side of this document.] LATE CHARGES - The school will impose late charges if I do not make a scheduled payment when due or if I fail to submit to the school on or before the due date of the payment, a properly documented written request that I qualify for any of the forbearance, deferment or cancellation benefits as described below. No late charges may exceed 20% of my monthly, bimonthly or quarterly payment. The school may add the late charges to principal the day after the scheduled repayment was due or include it with the next scheduled repayment after I have received notice of the charge, and such notice is sent before the next installment is due. REQUESTS FOR DEFERMENT. CANCELLATION OR FORBEARANCE - To receive deferment, cancellation, or forbearance benefits, I must make a written request to the school and must submit to the school any documentation the school requires to prove my eligibility for these benefits. I am responsible for submitting the appropriate requests on time, and I may lose my benefits if 1 fail to file my request on time. DEFAULT - If I fail to make a scheduled payment when due; if I fail to submit to the school, on or before the due date of a scheduled payment. documentation that I qualify for a deferment. cancellation, or forbearance: or if I fail to comply with the terms and conditions of this promissory note or written repayment agreement. the school may, at its option. declare my loan to be in default and may accelerate my loan (demand immediate payment of the entire unpaid balance of the loan, including principal, interest, late charges, and collection costs). The school. and the Secretary, if my loan is assigned to the Secretary for collection, shall disclose to credit bureau organizations that I have defaulted and all other relevant loan information. I will lose my right to defer payments and my right to forbearance if I default on my loan. 1 will lose my right to receive cancellation benefits for service that is performed after the date the school accelerated the loan. I will be ineligible for any further federal student financial assistance authorized under the Act until I make arrangements that are satisfactory to the school or the Secretary to repay my loan. CHANGE OF STATUS - 1 will inform the school of any change in my name, address, telephone number, Social Security number, or driver's license number. ASSIGNMENT - This note may be assigned by the school only to the United States. The provisions of this note that relate to the school shall where appropriate relate to the assignee. PROMISE TO PAY: I promise to pay the school, or a subsequent holder of the Promissory Note, the sum of amount(s) advanced to me under the terms of this Note, plus interest and other fees which may become due as provided in this Note. I promise to pay all reasonable collection costs, including attorney fees and other charges, necessary for the collection of any amount not paid when due. I will not sign this Note before reading it, including the provisions on the reverse side. This loan has been made to me without security or endorsement. My signature certifies 1 have read. understand. and agree to the terms and conditions of this Promissory Note. THIS IS A LOAN(S) THAT MUST BE REPAID 6' 6 Bor wer's Signature Date. EXHIBIT "D" Terms and Conditions (cont.) HARDSHIP REPAYMENT OPTIONS - Upon my written request, if I qualify as a low-income individual during the repayment period, the school may extend the repayment period for up to an additional ten (10) years and may adjust any repayment schedule to reflect my income. Upon my written request, the school may extend the repayment period if, in its opinion, prolonged illness or unemployment prevent me from making the scheduled repayments during which time interest will continue to accrue. The school may permit me to pay less than the minimum monthly repayment rate for a period of not more than one year at a time if 1 experience a period of prolonged illness or unemployment except such action may not extend the repayment period beyond 10 years . GRACE PERIODS - My initial grace period before beginning repayment is 9 months. If I am a Less-Than-Half-Time Borrower with outstanding Federal Perkins Loans, my repayment begins when the next scheduled installment of my outstanding loan is due. If I am a Less-Than-Half-Time Borrower with no outstanding Federal Perkins Loans, my repayment begins the earlier of 9 months from the date my loan was made, or 9 months from the date I became less than a half-time student, even if I received the loan after I became a less than half-time student. My payments will resume after a post-deferment grace period of 6 months that follows deferments that apply to Federal Perkins loans. PREPAYMENT I may prepay all or any part of my unpaid loan balance, plus any accrued interest, at any time without penalty. Amounts I repay in the academic year in which the loan was made and before the initial grace period has ended will be used to reduce the amount of the loan and will not he considered a prepayment. If I repay amounts during the academic year in which the loan was made and the initial grace period ended only those amounts in excess of the amount due for anv repayment period shall be considered a prepayment- If in an academic year other than the award year in which the loan was made. I repay more than the amount clue for an install- ment the excess will br used to repay principal unless I designate it as an advance payment of the next regular installment MINIMUM MONTHLY PAYMENT - I will make a minimum monthly repayment of $40 (or $30 if I have outstanding Federal Perkins loans made before October 1. 1992 that included the S30 minimum payment option) if required by the school. If the total monthly repayment rate on this loan and any outstanding Federal Perkins loans I may have is less than the minimum monthly repayment rate established by the school. the school may still require a minimum monthly repayment rate. A minimum monthly repayment amount will combine my obligation on this and all my outstanding Federal Perkins loans. including those made at other schools. The portion of the minimum monthly payment that will be applied to this loan will be the difference between the minimum monthly payment and the total amounts owed at a monthly rate on my other Federal Perkins loans. If each school holding my outstanding Federal Perkins loans exercises the minimum monthly payment option, the minimum monthly repayment will be divided among the schools in proportion to the amount of principal advanced by each school. FORBEARANCE - Upon making a properly documented written request to the school. I am entitled to forbearance of principal and interest or principal only, renewable at intervals up to 12 months for periods that collectively do not exceed three years, under the following conditions) If my monthly Title IV loan debt burden equals or exceeds 20% of my total monthly gross income. if the Secretary authorizes a period of forbearance due to a national military mobilization or other national emergency: or if the school determines that I qualify due to poor health or for other reasons, including service in AmeriCorps. Interest accrues during any period of forbearance. DEFERMENTS - Upon making a properly documented written request to the school, I may defer making scheduled installment payments and will not be liable for any interest that might otherwise accrue 1) during any period that I am: enrolled and attending as a regular student in at least a half-time course of study at an eligible school: enrolled and attending as a regular student a graduate fellowship program approved by the Secretary: engaged in graduate or post-graduate fellowship-supported study outside the US; enrolled and attending a rehabilitation training program for disabled individuals approved by die Secretary; engaged or public service that qualifies; men have part or all of my loan canceled. 2) for a period not to exceed three vears during which I am seeking but unable to find full-time employment 3) for a period not to exceed three Years during which I am expenencing in ecunumic hardship as determined by the .'hoof f air not eligible for a deferment while serving in a medical internship or residency program I may continue w defer making scheduled itsstalhnent payments and will riot be liable for any mterest that might otherwise accrue for a six-month period immediately following the expiration of anv deferment period described in this paragraph. CANCELLATIONS Upon making a properly documented written request to the school, Ian) entitled to have up to 100% of the original principal loan amount of this loan canceled if I perform qualifying service in the areas listed in paragraphs A, B, C. D and E below. Qualifying Service must be performed after I receive the loan. A. Teaching • a full-time teacher in a public or other nonprofit elementary or secondary school. that has been designated by the Secretary in accordance with the provisions of section 465(a) (2) of the Act as a school with a high concentration of Students from low-income families. An official Directory of designated low-income schools is published annually by the Secretary. • a full- time special education teacher in a public or nonprofit elementary or secondary school system. • a full-Lime teacher. in a public or other nonprofit elementary or secondary school system, who teaches mathematics, science. foreign languages, bilingual education, or any other field of expertise that is determined by the State Department of Education to have a shortage of qualified teachers in that State. B. Early Intervention Services • a full-time qualified professional provider of early intervention services in a public or other nonprofit program under public supervision by a lead agency as authorized by section 672(2) of the Individuals with Disabilities Education Act. Early Intervention Services are provided to infants and toddlers with disabilities. C. Law Enforcement or Corrections Officer • a full-time law enforcement officer for an eligible local. State, or Federal law enforcement agency; or • a full-time corrections officer for an eligible local, State, or Federal connections agency D. Nurse or Medical Technician • a full-Lime nurstt providing health care services; or • a full-time medical technician providing health care services. E. Child or Family Service Agency • a full-time employee of an eligible public or private nom profit child or family service agency who is providing or supervising the provision of services to high-risk children who am from low- income communities and the families of such children. Cancellation Rates - For each completed year of service under paragraphs A, B. C, D and E a portion of this loan will be canceled at the following rates: • 15% of the original principal loan amount for each of the rust and second years; • 20% of the original principal loan amount for each of the third year and fourth years; and • 30% of the original principal loan amount for the filth year. F. Head Start Cancellation - Upon making a properly documented written request to the school. I am entitled to have up to 100% of the original principal loan amount canceled for qualifying service performed after I receive the loan as: • a frill-time staff member in the educational component of a Head Start program which is operated for a period comparable to a full school year and which pays a salary comparable to an employee of the local educa- tionalagency. Cancellation Rate - For each completed year of service under the Head Start Cancellation provision. this loan will be canceled at the rate of 15% of the original principal loan amount. G, Military Cancellation - Upon making a properly documented written request to the school, I am entitled to have up to 50% of the principal amount of this loan canceled for qualifying service performed after I receive the loan as • a member of the Armed Forces of the United States in an area of hostilities that qualifies for special pay under section 310 of Title 37 of the United States Code. Cancellation Rate - For each completed year of service under the Military Cancellation provision. this loan will be canceled at the rate of 12 1/2% of the original principal loan amount. H. Volunteer Service Cancellation - Upon making a properly documented written request to the school, I am entitled to have up to 70% of the original principal loan amount of this loan canceled for qualifying service performed after I received the loan as • a volunteer under the Peace Corps Act; • a volunteer under the Domestic Volunteer Service Act of 1973 (.ACTION programs). Cancellation Rate - For each completed year of service under the Volunteer Service Cancellation provision, a portion of this loan will be canceled at the following rates: • 15 9o of the original principal loan amount for each of the first and second 12month periods of Service: and • 2096 of the original principal loan amount for each of the third and fourth 12 month periods of service_ L Death and Disability Cancellation fn the event of env death. the school will cancel the total amount owed on this loan- If I become permanently and totally disabled after I receive this loan. the school will cancel the total amount owed tin this loan. PPRKPAS (NDSL, TRUTH-IN-LE.NDTNG STATEMENT OIC{INSCN COLLEGE Account Number 00273-000-00-3286-09 Name of Borrower Marcia McKniff Address V &,Vh ho 7CX. A-Vt Kifl,imr,rcLI CA 9 30 ANNUAL PERCENTAGE RATE The cost of your credit as a yearly rate. Prior to During repayment repayment AMOUNT FINANCED The amount of credit provided to you. 0 7. 5 7 $ 2,000.00 Itemization of the Amount Financed: $ 2,000.00 Amount given directly to you. Late Charge: If a payment is late, you may be charged: $1.00 for the first late payment, and $2.00 for each subsequent late payment if this loan is payable monthly, $3.00 for each late payment if this loan is payable bimonthly, $6.00 for each late payment if this loan is payable quarterly. Prepayment: If you pay off early, you will not 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. TEE BORROWER ACKNOWLEDGES RECEIPT OF AN ENACT COPY OF THIS STATEMENT. STUDENT INSTITUTIONAL BORROWER IU7) q REPRESENTATIVE DATE 16 , ?_L' l / DATE `' 1,319q ?_? VERIFICATION 1, THOMAS MEYER, Assistant Treasurer 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 2? Thomas Meyer Assistant Treasurer ckinson College Dated: 7?/0/Q 3 F:\FILES\DATAFILE\Dickinson College 7619\DickinsonCollegeCollections7619C\Documen6\I95.com ?_.: _? _ ? ? a - ? ? ? 1 r_ \ ? ? 1.. ??.:' `? ?Q _s ?? 9 O ? ?, -J ?1 h? F'.\PILES\DATAFILE\DickhOn College 7619\DekinsmCollcg olla[ions7619C\D =emu\185.pral/nlm Created: 10/23/03 10:06AM Revised'. 10/23/03 10'. 16AM ' ]6190185 DICKINSON COLLEGE, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 03-3284 CIVIL ACTION-LAW MARCIA McKNIFF, Defendant JURY TRIAL OF TWELVE DEMANDED PRAECIPE Please reinstate the attached Complaint against Marcia McKniff, 2600 10th Street, #437, Berkeley, CA 94710-2522, in the above-captioned action and return same to the undersigned for service. & OTTO I.D. Number 87326 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Date: October 23, 2003 Attorneys for Plaintiff DICKINSON COLLEGE, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVAP V. NO. 03- 3.2 b"/ CIVIL ACTION-LAW MARCIA McKNIFF Defendant JURY TRIAL OF TWELVE DEMANDED NOTICE You have been sued in court. If you wish to defend against the claims set forth in 1 following pages, you must take action within twenty (20) days after this Complaint and Notice served, by entering a written appearance personally or by attorney and filing in writing with the co' your defenses or objections to the claims set forth against you. You are warned that if you fail do so, the case may proceed without you and a judgment may be entered against you by the col without further notice for any money claimed in the Complaint or for any other claim or rel requested by the Plaintiffs. You may lose money or property or other rights important to you. O? YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NC O HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SI O FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP: Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 MARTSON DEARDORFF W LIAMS & OTTO By ----- David David R, loway, Esquire I.D. Number 87326 Ten East High Street Carlisle, PA 17013 (717)243-3341 Attorneys for Plaintiff Date: "; Ic` in Testimony wr ,n,%(zf, I ;1e4;; P61?lw SGt y Itz:r':t; ?Cl the saol Of ;;ad Gs>s? a3 Carla ib. Pa. Inis o day 01 c, Prothonotary DICKINSON COLLEGE, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVAP V. NO. 03- -3 -? 5"/ ct?P c CIVIL ACTION-LAW MARCIA McKNIFF Defendant JURY TRIAL OF TWELVE DEMANDED COMPLAINT AND NOW, comes Plaintiff Dickinson College by and through its attorneys, MARTSO DEARDORFF WILLIAMS & OTTO, and hereby avers as follows: I. Plaintiff Dickinson College is a Pennsylvania educational institution and nonprol corporation with its principle place of business at West Street, Post Office Box 1773, Carlisl Cumberland County, Pennsylvania 17013. 2. Defendant Marcia McKniff is an adult individual with a last known address of 602 Bernhard Avenue, Richmond, CA 94805. 3. On or about August 26, 1996, Defendant entered into a Promissory Note - Feder: Perkins Loan Program (Note #1) with Plaintiff. A copy ofNote #1 is attached hereto as Exhibit "A. 4. Note # 1 provided for the financing of $2,000.00 plus interest and costs by Defendar on her own behalf, for educational services and benefits at Plaintiff's institution. 5. On or about September 5, 1997, Defendant entered into an additional Promissor Note - Federal Perkins Loan Program (Note #2) with Plaintiff. A copy of Note #2 is attached hereto as Exhibit "B." 6. Note #2 provided for the financing of $2,000.00 phis interest and costs by Defendant on her own behalf, for educational services and benefits at Plaintiff's institution. 7. On or about September 11, 1998, Defendant entered into an additional Promissory Note - Federal Perkins Loan Program (Note #3) with Plaintiff. A copy of Note 92 is attached hereto as Exhibit "C." Note #3 provided for the financing of $2,000.00 plus interest and costs b Def d on her own behalf, for educational services and benefits at Plaintiffs institution. y en ant 9. On or about October 20, 1999, Defendant entered into an additional Promissory Not - Federal Perkins Loan Program (Note 44) with Plaintiff. A copy of Note #2 is attached hereto a Exhibit "D." 10. Note #4 provided for the financing of $2,000.00 phis interest and costs by Defendan on his own behalf, for educational services and benefits at Plaintiff s institution. 11. Note #1, Note #2, Note #3 and Note #4 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 Ac' and the Federal Regulations issued under the Act. 12. 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. 13. The total principal for Note #1, Note 92, Note 43 and Note #4 is $8,000.00. 14. Note #1, Note #2, Note #3 and Note #4 grant Plaintiff reasonable collection and attorney's fees which Plaintiff has calculated to be $1,200.00. 15. As of April 3, 2003, the principal and interest due and payable by Defendant to Plaintiff was $7,310.70, plus interest accruing thereafter at $.96 per day. 16. The outstanding balance of $7,310.70 represents the total and actual overdue value of the financing provided to Defendant under Note #1, Note 42, Note #3 and Note #4 for which Defendant has yet to pay. 17. Plaintiff has fulfilled, performed and complied with all obligations and conditions of Note #1, Note #2, Note #3 and Note #4 . COUNTI BREACH OF CONTRACT 18. Plaintiff hereby incorporates by reference the averments contained in Paragraphs 1 through 13 of this Complaint. 19. Defendant breached the expressed and implied obligations, conditions and terms of agreement of Note #1, Note #2, Note #3 and Note #4 by failing to pay the amounts financed therein. WHEREFORE, Plaintiff demands judgment against Defendant in the amount of $7,310. plus interest accruing at $.96 per day, collection and attorneys' fees in the amount of $1,200.00, costs of suit. COUNT II IN QUANTUM MERUIT 20. Plaintiff hereby incorporates by reference the averments contained in Paragraphs I through 19 of this Complaint. 21. Having requested Plaintiff to loan money, and doing so to the benefit of Defendant, Defendant became liable to Plaintiff for said money. 22. Defendant has been unjustly enriched by accepting said money without paying Plaintiff reasonable compensation therefor. 23. As of April 3, 2003, Defendant is liable to Plaintiff and/or has been unjustly enriched in the amount of $7,310.70, plus interest accruing thereafter at $.96 per day. WHEREFORE, Plaintiff demands judgment against De]:endant in the amount of $7,310.70, plus interest accruing at $.96 per day, collection and attorneys' fees in the amount of $1,200.00 and costs of suit. MARTSON DEARDORFF WgI LIAMS & OTTO i Date: /I e;-' By David R. way I.D. Number 87326 Ten East High Street Carlisle, PA 17013-3093 (717) 243-3341 Attorneys for Plaintiff FEDERAL PERKINS LOAN PROMISSORY NOTE 1. Name (last, first, middle initial) and Permanent Address (street, city, state, zip code) McKniff, Marcia ?2 D Z O -8.e-)r h ha t-G ` V6. IG? 1rnbYlj CA . q `I o o"5 f Section B: School 6. School Name & Address (street, city, state, zip code) Ili mini nsm College P.O. Bcnt 1773 Carlisle, PA 17013-2896 2. Social Security Number (PO- 8?- 258) rte of Birth _2-2?-?5 Area Code/Telephone Number 5(o) 23q - 5 14 / 5. Driver's License Number (List state ,?/ahe 7y. Botrfrnfer Status U Half-time or greater ? Less than ham-time $2000.00 11996-97 TERMS AND CONDITIONS: [Any btackered clauz or paragraph may be irckakd at option of Institutkml APPLICABLE LAW - The terms of this note and any disbursements made under this note shall be Interpreted in accordance with Part E of Title IV of the HI Education Act of 1965. as amended (hereinafter called the Act). as well as Federal regulatiom issued under the Act. All sums advanced under this note are sut Act and Federal regulations Issued under the Act. REPAYMENT - I am obligated to repay the principal and the Interest that accrues on it to the above-nwud Institution (hereinafter called the school) over a beginning 9 months (or sooner if I am a less than a half-time borrower) after the date I cease to be a Iew: a half-time student at an Institution of higher edue comparable school outside the United States approved by the United States Secretary of Education (hereinafter called the Secretary) and ending 10 years later, request In writing that my repayment period begin sooner. I understand that the school will mport the amount of my installment payments, along with the an loan to a national credit bureau. Interest on this loan shall accrue from the beginning of the repayment period. My repayment period may be shorter than 10 required by my school to make minimum monthly payments. Upon my written request my repayment period may be extended during periods of deferment. forbearance and I may make graduated Installments in accordance with a schedule approved by the Secretary. I will sake my installment payments in equal re bimonthly or quarterly installments as determined by the school. The school may round my Installment payment to the next highest multiple of $5- 11 will in minimum monthly repayment of 240 (or $30 if I have outstanding Federal Perkins loam made before October 1, 1992 that Included the $30 minimum payn in accordance with the Minimum Monthly Payment Section of the Terms and Conditions contained on the neverst side of this document.) LATE CHARGES - The school will impose late charges if I do not make a scheduled payment when due or if I fail to submit to the school on or before the it the payment. a properly documented written request that 1 qualify for any of the forbearance, deferment or cancellation benefits as described below. No late c exceed 20% of my monthly, bimonthly or quarterly payment. The school may add the late charges to principal the day after the scheduled repayment was this it with the next scheduled repayment after 1 have received notice of the charge, and such notice Is sent before the next installment is due. REQUESTS FOR DEFERMENT. CANCELLATION OR FORBEARANCE - To receive deferment, cancellation. or forbearance benefits. I must make a w, to the school and must submit to the school any documentation the school requires to prove my eligibility for these benefits. 1 am responsible for submitting appropriate requests on time, and I may lose my benefits if I fall to the my request on time. DEFAULT - If 1 fail to make a scheduled payment when due; If 1 fail to submit to the school, on or before the due date of a scheduled payment. documental qualify for a deferment, cancellation, or forbearance; or if I felt to comply with the terns and mnditlonsof this promissory note or written repayment agrees school may, at Its option. declare my loan to be In default and may accelerate my loan (demand immediate payment of the entire unpaid balance of the loan, principal, interest. late charges, and collection ants). The school, and the Secretary If my loan is assigned to the Secretary for collection, shall disclose to endl Organizations that I have defaulted and all other relevant loan information. I will lox my right to defer payments and my right to forbearance If 1 default on r will lose my right to receive cancellation benefits for service that b performed after the date the school accelerated the low. I wit be ineligible for any further student financial assistance authorized under the Act until I make arrangements that are satisfactory to the school or the Secretary to repay my loan. CHANGE OF STATUS - I will inform the school of any change in my mine, address, telephone number, Social Security number. or driver's license number. ASSIGNMENT - This note may be assigned by the school only to the United States. The provbios of this note that relate to the school shall where appropd the assignee. PROMISE TO PAY; I promise to pay the school, or a subsequent holder of the Promissory Note, the sum of amount(s) advanced to me under the terms of th interest and other fees which may become due as provided in this Note. I promise to pay all reasonable collection costs, including attorney fees and other char necessary for the collection of any amount not paid when due. I will not sign this Note before reading it. Including the provisions on the reverse side. This lea made to me without security or endorsement. My signature certifies I have read, understand, and agree to the terns and conditions or this Promissory Note. - LOAN(S) THAT MUST BE REPAID Borr6wer's Signature J (? EXHIBIT "A" Date: C/ first) Rate ect to the tried Lion or a unless I ount of this ears if I am ardshlp, or mthly, ke a mt option) e date of wiles may or include [ten request x n that I nt. the ,eluding bureau y loan. I ederal to relate to Note, plus es. I has been HIS IS A Terms and Conditions (cont.) HARDSHIP REPAYMENT OPTIONS Upon my written request, if I' qualify as a low-income individual during the repayment period, ire school may, extend the repayment period for up to an additional ten (10) years and may adjust any repayment schedule to reflect my income. Upon my written request, the school may extend the repayment period if, in its opinion, prolonged illness or unemployment prevent me from making the scheduled repayments during which time interest will continue to worse. The school may permit me to pay less than the minimum monthly repayment rate for a period of not more than one year at a time if I experience a period of prolonged illness or unemployment except such action may not extend the repayment period beyond 10 years. GRACE PERIODS - My initial grace period before beginning repayment is 9 months. If I am a Less-Than-Half-Time Borrower with outstanding Federal Perkins Loam- my repayment begin when the next scheduled installment of my outstanding loan is due. If I am a Less-Than-Half-Time Borrower with no outstanding Federal Perkins Loam, my repayment begins the earlier of 9 months from the date my loan was made, or 9 months from the date I became less than a half-time student. even if I received the from after I became a less than half-time student. My payments will resume after a post-deferment grace period of 6 months that follows deferments that apply to Federal Perkins Iowa. PREPAYMENT - I may prepay all or any part of my unpaid loan balance, plus any accrued interest, at any time without penalty. Amounts I repay in the academic year in which the loan was made and before the initial grace period has ended will be used to reduce the amount of the loan and will not be considered a prepayment. If I repay amnounu during the academic year in which the loan was made and the initial grace period ended, only those amounts in excess of the amount due for any repayment period shall be considered a prepayment. If, in an academic year other than the award year in which the loan was made. I repay more than the amount due for an install- ment, the excess will be used to repay principal unless I designate it as an advance payment of the next regular Installment. MINIMUM MONTHLY PAYMENT - I will snake a minimum monthly repayment of $40 (or $30 if I have outstanding Federal Perkins loam made before October 1, 1992 that Included the $30 minimum payment option) if required by the school. If the total monthly repayment rate on this loan and any outstanding Federal Perkins loam I may have is less than the rdnimtrn monthly repayment rate established by the school, the school may still require a minimum monthly repayment rate. A minimurn monthly repayment amount will combine my obligation on this and all my outstanding Federal Perkins loam, including those made at other schools. The portion of the minimum monthly payment that will be applied to this loan will be the difference between the minimum monthly payment and the total amounts owed at a monthly rate on my other Federal Perkins bans. If each school holding my outstanding Federal Perkins loan exercises the minimum monthly payment option, the minimum monthly repayment will be divided among the schools in proportion to the amount of principal advanced by each school. FORBEARANCE - Upon making a properly documernted written request to the school. I am entitled to forbearance of principal and interest cir principal only, renewable at intervals up to 12 months for periods that collectively do not exceed three years, under the following condition: If my monthly Title IV Iowa debt burden equals or exceeds 20% of my total monthly gross income; if the Secretary authorizes a period of forbearance due to a national military mobilization or other rational emergency; or if the school determines that I qualify due to poor health or for other reason. Including service in AmedCorps. Interest accrue during any period of forbearance. DEFERMENTS - Upon making a properly documented written request to the school. I may defer making scheduled hnstagment payments and will not be liable for any interest that might otherwise accrue 1) during any period that I am: enrolled and attending as a regular student in at least a half-time course of study at an eligible school; enrolled and attending as a regular student a graduate fellowship program approved by the Secretary; engaged in graduate or post-graduate fellowship-supported study outside the US; enrolled and attending a rehabilitation training program for disabled individuals approved by the Secretary; engaged in public service that qualifies me to have part or all of my loan canceled; 2) for a period not to exceed three years during which I am seeking but unable to find full-time employment, 3) for a period not to exceed three years during which I am experiencing an economic hardship as determined by the school. I am not eligible for a deferment while serving in a medical internship or residency program. I may continue to defer making scheduled installment payments and will not be liable for any interest that might otherwise accrue for a six-month period immediately following the expiration of any deferment period described in this paragraph. CANCELLA DONS - Upon making a properly documented written request to the school. I Ins entitled to have up to 100% of the original picipal loan amount of this loan canceled if I perform qualifying service in dm auras listed in paragraphs A. R. C. D and E below. Qualifying Service must performed after I receive the loan. A. Teaching • a full-time teacher in a public or other nonprofit elementary or secondary school, that has been designated by the Secretary in accordance with me provisions of section 465(a) (2) of the Act as a school with a gh concentration of students from low-income families. An official Directory of designated low-income schools is published annually by the Sec Lary. • a full- time special education teacher in a public or nonprofit elementary or secondary school system. • a full-time teacher. in a public or oche nonprofit elementary or 9x:ondary school system. who teaches mathematl science, foreign languages, bilingual education, or any other field of ex a that is determined by the State Department of Education to have a shoo age of qualified teachers in that State. B. Early Intervention Services • a full-time qualified professional provider of early intervention services in a public or other nonprofit program under public supervision by ;n lead agency as authorized by section 672(2) of it e Individuals with Disabilities Education Act. Early Intervention Services are p ided to infants and toddlers with disabWtim C. Law Enfomtmrent or Correction Officer • a full-time law enforcement officer for an eligible local, State, or Federal law enforcement ag icy: or • a full-time corrections officer for an eligible local. State, or Federal orrectiom agency. D. Nurse or Medical Technician • a full-time nurse providing health cam services: or • a krill-time medial technician providing health care services. E. Child or Family Service Agency • a full-time employee of an eligible public or private non-profit child or family service agency who is provid ng or supervising the provision of services to high-risk children who from low- income communities and the families of such children. Cancellation Rates - For each completed year of service under p graphs A. B. C. D and E a portion of this loan will be canceled at the roll ring rata: • 15% of the original principal loan amount for each of the first nd second years: • 20% of the original principal loan amount for each of the third year and fourth yeas; and • 30%a of the original principal loan amour t for the fifth year. F. Head Stan Cancellation - Upon making a properly document written request to the school. I am entitled to have up to 100% of the ginal principal loan :amount canceled for qualifying service performed ter I receive the loan as: • a full-time staff member in the educational compo ent of a Head Start program which a operated for a period comparable it - a full school year and whidr pays a salary comparable to an employee of the 1 al educa- tional agency. Cancellation Rate - For each completed year of service under the Head Start Cancellation provision, this loan will be canceled at the rate of 15 of the original principal loan amount. G. Military Cancellation - Upon making a properly document written request to the :drool, I am entitled to have up to 50% of the principal amount of this loan canceled for qualifying service performed after I recei the loan as: • a member of the Armed Forces of the United States in an a of hostilities that qualifies for special pay under section 310 of Title 37 of the United States Code. Cancellation Rate - For each completed year of service under the Military Cancellation provision, this loan will be canceled at the rate of 12 V2% of the original principal loan amount. H. Volunteer Service Cancellation - Upon making a properly documented written request to the school. I am entitled to have up to 70% o the original principal loan amouart of this loan canceled for qualifying service performed after I received the loan as: • a volunteer under the Peace Corps Act: • a volunteer under the Domestic Volunteer Service Act of 1973 (ACTION programs). Cancellation Rate - For each completed year of service under Volunteer Service Cancellation provision, a portion of this loan will be can eled at the following rates: • 15% of the original principal loan amount for each of the fast and second 12-month periods of service: and • 20% of the original principal loan amount for each of the third and fourth 12-month periods of service. L Death and Disability Cancellation - In the event of my death. the school will cancel the total amount owed on this loan. V I become permanently and totally disabled after I receive this loan, the school will cancel th total amount owed on this loan. ttutxf)L PLRKI/V% > LOAN PROMISSORY NOTE 1. Name (last, first, middle initial) and Permanent Address (street, city, state, zip code) McKniff, Marcia M. 6020 Bernhard Ave. Richmond, CA 94805 3. Date of a a7 - 7- (9 10) _/- - 315q 5. Driver's License Number (List state abbre iation First) NA 6. School Name & Address (street, city, state, zip code) 77 Borrower Status 8. Interest Rate Dickinson College J Half-time or greater 0 Less than half-time % P.O. Box 1773 9. Loan Amount: I10. Loan Perk d Carlisle, PA 17013-2896 TERMS AND CONDITIONS: iAny bracketed clause or paragraph may be included at option of uuticution.i APPLICABLE LAW - The terms of this note and any disbursements made under this note shall be interpreted in accordance with Part E of Title IV of the Higher Education Act of 1965. as amended (hereinafter relied the Act), as well as Federal regulations issued under the Act. All sums advanced under this note are ubject to the Act and Federal regulations issued under the Act. REPAYMENT - 1 am obligated to repay the principal and the interest that accrues on it to the above-named institution (hereinafter called the school) over a period beginning 9 months (or sooner if 1 am a less than a half-time borrower) after the date I cease to be at lent a half-time student at an Institution of higher a ucation or a comparable school outside the United States approved by the United States Secretary of Education (hereinafter called the Secretary) and ending 10 years la er, unless I request in writing that my repayment period begin sooner. I understand that the school will report the. amount of my installment payments, along with the amount of [his loan to a national credit bureau. Interest on this loan shall accrue from the beginning of the repayment period. My repayment period may be shorter than 0 years If I am required by my school to make minimum monthly payments. Upon my written request my repayment period may be extended during periods of deferme t, hardship, or forbearance and I may make graduated installments in accordance with a schedule approved by the Secretary. I will make my installment payments in equa monthly, bimonthly or quarterly installments as determined by the school. The school may round my installment payment to the next highest multiple or $5. (1 will make a minimum monthly repayment of $40 (or $30 if I have outstanding Federal Perkins loans made before October 1, 1992 that Included the $30 minimum p y in accordance with the Minimum Monthly Payment Section of the Terms and Conditions contained on the reverse side of this document.) nsent option) LATE CHARGES - The school will impose late charges if 1 do not make a scheduled payment when cue or if I fail to submit to the school on or before th due date of the payment, a properly documented written request that I qualify for any of the forbearance, deferment or cancellation benefits as described below. No la[ charges may exceed 20% of my monthly, bimonthly or quarterly payment. The school may add the late charges to principal the day after the scheduled repayment was see or include it with the next scheduled repayment after I have received notice of the charge. and such notice is sent before the next installment is due. REQUESTS FOR DEFERMENT. CANCELLATION OR FORBEARANCE - To receive deferment, cancellation, or forbearance benefits, 1 must make a written request to the school and must submit to the school any documentation the school requires to prove my eligibility for these benefits. I am responsible for submitting the appropriate requests on time. and I may lose my benefits if 1 fail to file my request on time. DEFAULT - If I fail to make a scheduled payment when due: if 1 fail to submit to the school. on or before the due date of a scheduled payment, documentation that I qualify for a deferment. cancellation, or forbearance: or if 1 fail to comply with the terms and conditions of this promissory note or written repayment agre ment. the school may, at its option, declare my loan to be in default and may accelerate my loan (demand immediate payment of the entire unpaid balance of the loan. including principal. interest. late charges. and collection costs). The school, and the Secretary. if my loan is assigned to the Secretary for collection, shall disclose to credit bureau organizations that 1 have defaulted and all other relevant loan information. 1 will lose my right to defer payments and my right to forbearance if 1 default o my loan. I will lose my right to receive cancellation benefits for service that is performed after the date the school accelerated the loan. 1 will be ineligible for any further federal student financial assistance authorized under the Act until I make arrangements that are satisfactory to the school or the Secretary to repay my loan. CHANGE OF STATUS I will inform the school of any change in my name, address. telephone number. Social Security number, or driver's license number. ASSIGNMENT - This note may be assigned by the school only to the United States. The provisions of this note that relate to the school shall where appropriate relate to the assignee. PROMISE TO PAY: [ promise to pay the school. or a subsequent holder of the Promissory Note. the sum of amount(s) advanced to me under the terms of this Note, plus interest and other fees which may become due as provided in this Note. 1 promise to pay all reasonable collection costs, including attorney fees and other c arges. necessary for the collection of any amount not paid when due. I will not sign this Note before reading it. including the provisions on the reverse side. This can has been made to me without security or endorsement. My signature certifies I have read. understand, and agree to the terms and conditions of this Promissory Not . THIS IS A LOAN(S) THAT MUST BE REPAID <}? , 61 s Signature 00213-000-00-3236-09 2. Social Security Number - 11 -? -r;t5 V EXHIBIT 11Bi' Date: rwrn5 and Con(1100f?,; f onf ) II II)5I!11' I1 .AIs117:Nl )I fI(.)PI .u n'r: s t -'qn, .t d,l yn.liiv, a.. i III eunme itch utua htnn, th rip I hue n i" I. rho r.c kool may extend die repayment period for up to an additional ten (10) years anti may adjust any repayment schedule to reflect my income. Upon my written request. the school may extend the repayment period if, in its opinion. prolonged illness ur uuemplovment prevent me from making the scheduled repayments during •.vhich Lime interest will continue to accrue. The school may permit me to pay less than the minimum monthly repavment rate for a period of not more than one vear at a time if I experience a period of prolonged illness or unemployment except such action may not extend the repayment period heyond 10 years. GRACE PERIODS My initial grace period before beginning repayment is 9 months. If I am a Less-Than-Haff-Time Borrower with outstanding Federal Perkins Loans. my repayment begins when the next scheduled installment of my outstanding loan is due. If I am a Less-Than-Half-Time Borrower with no outstanding Federal Perkins Loans, my repayment begim the earlier of 9 months from the date my loan was made. or 9 months from the date I became less than a half-time student. even if [received the loan alter [became a less than half-time student. My payments will resume after a post-deferment grace period of 6 months that follows deferments that apply to Federal Perkins loans. PREPAYMENT - I may prepay all or any part of my unpaid loan balance, pltts any accrued interest, at any time without penalty. Amounts I repay in the academic year in which the loan was made and before the initial grace period has ended will be used to reduce the amount of the loan and will not be considered a prepayment. If I repay amounts during the academic year in which the loan was made and the initial grace period ended. only those amounts in extent of the amount due fnr armv repayment period shall be considered a prepayment. If. in an academic vear other than the award year in which the loan '.vas made. I repay more than the amount due for an install merit, the excess •.vfll be used to repay principal unless I designate it as an advance pasment of the next regular installment. MINIMUM MONTHLY PAYMENT - I will make a minimum monthly repayment of S40 (or S30 if I have outstanding Federal Perkins loam made befnte October L 1992 that included the S30 minimum payment option) if required by the school. U the total monthly repayment rate on this loan and any outstanding Federal Perkins loans I may have is less than the minimum monthly repavment rate established by the school. the school may still require a minimum monthly repayment rate. A minimum monthly repayment amount will combine my obligation on this and all my outstanding Federal Perkins loans. including those made at other schools. The portion of the minimum monthly payment that will be applied to this loan will be the difference between the minimum monthly payment and the total amounts owed at a monthly rate on my other Federal Perkins loans. If each school holding my outstanding Federal Perkins loans exercises the minimum monthly payment option, the minimum monthly repayment will be divided among the schools in proportion to the amount of principal advanced by each school. FORBEARANCE - Upon making a properly documented written request to the school. I am entitled to forbearance of principal and interest or principal et Li t r -1 a, - .: "t:lord r, nut dt•lcrlh:d ^ n, panlv_raph III t ?,Sl 1 L Vt Itl`"S .nakiltr i only. renewable at intervals up to 12 months for periods that collectively do not exceed three years. under the following conditions: If my monthly Title IV loan debt burden equals or exceeds 209o of my total monthly gross income: if the Secretary authorizes a period of forbearance due to a national military mobilization or other national emergency: or if the school determines that I qualify due to poor health or for other reasons, including service in AmenCorps. Interest accrues during any period of forbearance. DEFERMENTS Upon making a properly documented written request to the school. I may defer making scheduled installment payments and will not be liahle foranv interest that might otherwise accrue 1) during any period that I am; enrolled and attending u a regular student in at least a half-time course of study at in eligible school; enrolled and attending as a regular student a graduate fellowship program approved by the Secretary; engaged in graduate or post graduate fellowship-supported study outside the US; enrolled and attending a rehabilitation training program for disabled individuals approved by the Secretary: engaged in public service that qualifies me to have part or all of my loan canceled; 2) for a period not to exceed twee yeah during which I am necking matt, unahle to find full-time erift ment. 3) for a period not to e:¢e' hr•v vr-an -:turfing which i tint experiencing an economic hardship as ch h t,it. I t, ih, 'a hnnl I anh ,-I, t- tgdil. C it h def, rnwnt sshilr arr.'i rig In a rot a t..;_rl I;; A Itsirlent n.,enmi . in, ++. nn nn to I,efrr makin,, ;r he ,.ll; -ia•:err -,d will i .. i'r.l.. t .,..,r-,,I :hat it. br a , -I...nIII p n .. v t.tdl,t I: slnR the . I" "i ti pr.prI l: di>`-.un e.ut rd •n dI : seh.,ut 1 ....I •n I''Ied III bmr rip Ill I00"o of the original 't nnunt'It'.lu Its ranirltd it I perform Iualll sin'{ nn-ire in tl ,,I pungt .Iphhs \, t3. C. D ,rid L hclosv_ QU9hhring $avia: must after I receive the loan. A. Teaching • a full-time teacher in a public or other nonprofit seaatlan' school. that has been designated by the Secretary in a the politicos of section 165(a)(2) of the Act as a school with a concentration of Students from low-income families. An official designated low income schools is published annually by the Sec time special education teacher in a public or nonprofit elementa secondary school system. • a full-unmc teacher, in a public or oth elementary or secondary school system, who teaches mathemad foreign languages. bilingual education. or any other field of expo determined by the State Department of Education to have a she qualified teachers in that State. B. Early Intervention Services • a full time qualified profession early intervention services in a public or other nonprofit prograt supervision by a lead agency as authorized by section 672(2) of with Disabilities Education Act. Early Intervention Services are infants and toddlers with disabilities. C. Law Enforcement car Corrections Officer • a full-time law et officer for an eligible local, State, or Federal law enforcement age full-time corrections officer for an eligible local. State, or Fedora agency. D. Nurse or Medical Technician • a full-time nurse providing f services; or • a full-time medical technician providing health car p E. Child or Family Service Agency • a full-Lime employee of an or private non-profs child or family wrvice agency who is provi? supervising the provision of services to high-risk children who a income communities and the families of such children. Cancellation Bates - For each completed year of service under p B. C. D and F. a portion of this loan will be canceled at the foilc • 15% of the original principal loan amount for each of the first and second years: • 20% of the original principal loan amount for each of the third year and fourth years: and • 30tyn of the original principal loch amount for the fifth year. F. Head Star[ Cancellation - Upon making a properly documen ed written request to the school. I am entitled to have up to 100% of the o iginal principal loan amount canceled for qualifying service performed after I receive the loan as: • a full-time staff member in the educational component of a Head Start program which is operated for a period comparable ( a full school year and whicin pays a salary comparable to an employee of the local educa- tonalagency. Cancellation Rate - For each completed year of service under the Head Start Cancellation provision, this loan will be canceled at the rate of I S% of the original principal loan amount. G. Military Cancellation - Upon malting a properly documents written request to the school. I am entitled to have up to 56% of the principal amount of this loan canceled for qualifying service. performed after 1 rece ve the loan as: • a member of the Armed Forces of the United States in an a a of hostilities that qualifies for special pay under section 310 ofTitl 37 of the United States Code. Cancellation Rate - For each completed year of service under th. Military Cancellation provision, this loan will be canceled at the rate of I 1/2% of the original print -.pal loan arnount. H. Volunteer Service Cancellation Upon making a properly documented written request to the school. I am entitled to have up to 70% o the original principal loan amount of this loan canceled for qualifying se-vic performed after I received the loan as • a volunteer under the Peace Corps Act: • a volunteer under the Domestic Vnlunteer Service Act of 1973 IA T1ON programs). Cancellation Rate - For each completed year of service under th Volunteer Service Cancellation provision, a potion of this loan will be. can Bled at the following rates. 1 59 of the orwind principal In,n :nnouni for each of time first and second l2 -month p,-i.,tl. of"Ice, and • .'0' of the anginal pnncipa Imin omowit f or sack of the third and fourtl . nnnth periods ul a r: io 1. Death and Disability' C."nCllat ion - n h. rw•nr f t,m• r a c '.civmal t! dl tun_e=! Ill Ihl tr:o t _i u? h: Irian. If tie t.emly and r r dl•' Div herd I m I : II, an, hr Ctinni II nn'rt th .t.d in,.-. ... it u•.•n•d ?.n this Irian 9I!`<C:1Si:N COLLEGE Account: `umber 00273-000-00-3286-09 ;lame of Borrower Mckniff? Marcia M Address 6020 Bernhard Ave. Richmond, CA 94805 ANNUAL PERCENTAGE RATE The cost of your credit as a yearly rate. Prior to repayment 0 % During repayment 5 7. AMOUNT FINANCED The amount of credit provided to you. $ 2 onr_nn Itemization of the Amount Financed: $ 9,nnn.nn -Amount given directly to you.I Lane Charge: If a payment is late, you may be charged: $1.00 for the first late payment, and $2.00 for each subsequent late payment if this loan is payable monthly, $3.00 for each late payment if this loan is payable bimonthly, $6.00 for each late payment if this loan is payable quarterly. Prepayment: If you pay off early, you will not have to pay a penalty. See your promissory note for any additional information about nonpayment, fault, any required repayment in full before the scheduled date, and pre- payment. TEE BORROWER ACKNOWLEDGES RECEIPT OF AN E:t.ACI C0117 OF THIS STATEMENT. S-JDENT INSTITUTIONAI. BORROW tit REPRESENTATIVE -- -- DAT ---- -_ .? D?.TE FEDERAL PERKINS LOAN PROMISSORY NOTE 1. Name (last, first, middle initial) and Permanent Address (street, city, state, zip code) McKniff, Marcia 6020 Bernhard Ave. Richmond, CA 94805 00275-000--00-32)36-09 C') a?lZS-Ci If µr 2. Social Security Number 415Q-87-2581 3. (Date of Birth a- a-?- --4-? 4. Area Codelfelephone Number 5. Driver's License Number (List state abbre iat[on first) tjovv ? 6. School Name & city, state, zip code) 7 Borrower Status L' Half-time or greater ? Less than hap-time D1ck:Lnson College P.O. Brix 1773 Carlisle, PA 17013-2896 TERMS AND CONDITIONS: 9. 10. [Any bracketed clause or paragraph may be included at option of institution. I APPLICABLE LAW - The corms of this note and any disbursements made under this note shall be interpreted in accordance with Part E of Title IV of the Education Act of 1965, as amended (hereinafter called the Act), as well as Federal regulations issued under the Act. All sums advanced under this note are s Act and Federal regulations issued under the Act. REPAYMENT - I am obligated to repay the principal and the interest that accrues on it to the above named institution (hereinafter called the school) over beginning 9 months (or sooner if I am a less than a half-time borrower) after the date 1 cease to be at least a half-time student at an Institution of higher ed comparable school outside the United States approved by the United States Secretary of Education (hereinafter called the Secretary) and ending 10 years lat request in writing that my repayment period begin sooner. I understand that the school will report the amount of my installment payments, along with the loan to a national credit bureau. Interest on this loan shall accrue from the beginning of the repayment period. My repayment period may be shorter than I required by my school to make minimum monthly payments, Upon my written request my repayment. period may be extended during periods of defermen forbearance and I may make graduated installments in accordance with a schedule approved by the Secretary. I will make my installment payments in equal bimonthly or quarterly installments as determined by the school. The school may round my installment payment to the next highest multiple of $5. 11 will minimum monthly repayment of $40 (or $30 if I have outstanding Federal Perkins loans made before October 1, 1992 that included the $30 minimum pa in accordance with the Minimum Monthly Payment Section of the Terms and Conditions contained on the reverse side of this document.) LATE CHARGES - The school will impose late charges if I do not make a scheduled payment when due or if 1 fail to submit to the school on or before the the payment. a properly documented written request that I qualify for any of the forbearance. deferment or cancellation benefits as described below. No tat exceed 20% of my monthly, bimonthly or quarterly payment. The school may add the late charges to principal the day after the scheduled repayment was c it with the next scheduled repayment after I have received notice of the charge. and such notice is sent before the next installment is due. REQUESTS FOR DEFERMENT, CANCELLATION OR FORBEARANCE -To receive deferment, cancellation, or forbearance benefits. I must make a to the school and must submit to the school any documentation the school requires to prove my eligibility for these benefits. I am responsible for submittir appropriate requests on time, and I may lose my benefits if I fail to file my request on time. DEFAULT - If I fail to make a scheduled payment when due: if I fail to submit to the school, on or before the due date of a scheduled payment, document qualify for a deferment. cancellation. or forbearance: or if 1 fail to comply with the terms and conditions of this promissory note or written repayment agre, school may, at its option. declare my loan to be in default and may accelerate my loan (demand immediate payment of the entire unpaid balance of the loaf principal, interest, late charges. and collection costs). The school, and the Secretary, if my loan is assigned to the Secretary for collection. shall disclose to cr organizations that I have defaulted and all other relevant loan information. I will lose my right to defer payments and my right to forbearance if I default of will lose my right to receive cancellation benefits for service that is. performed after the date the school accelerated the loan. I will be ineligible for any furth student financial assistance authorized under the Act until I make arrangements that are satisfactory to the school or the Secretary to repay my loan, CHANGE OF STATUS - I will inform the school of any change in my name, address, telephone number. Social Security number, or drivers license numb ASSIGNMENT -This note may be assigned by the school only to the United States. The provisions of this note that relate to the school shall where appro the assignee. PROMISE TO PAY I promise to pay the school, or a subsequent holder of the Promissory Note, the sum of amount(s) advanced to me under the terms of interest and other fees which may become due as provided in this Note. I promise to pay all reasonable collection costs. including attorney fees and other cl necessary for the collection of any amount not paid when due. I will not sign this Note before reading it, including the provisions on the reverse side. This made to me with.., security or endorsement. My signature certifies I have read. understand, and agree to the terms and conditions of this Promissory Not, LOAN(S) THAT MUST BE REPAID EXHIBIT nCn Date: t Rate Oject to the period cation or a r. unless I Lmount of this 1 years if 1 am , hardship, or monthly, nake, a ment option) due date of charges may ae or include rotten request ;the Lion that I vent, the ,including lit bureau my loan. 1 r federal r. ,late relate to his Note. plus arges, ,an has been THIS IS A Terms and Conditions (r unt) I IrARI)11 Ill' !J.i';AYiAli7N f UI' I IUfJJ I :pun nrv .r'u t raj", i o! quallfv as a low u,, ,le uulh•Idual during the rrpaynu•nt period. the school may extend the repayment period for up to an additional ten (10) years and may adjust any repayment schedule to reflect my income. Upon my written request, the school may extend the repayment period if, in its opinion, prolonged illness or unernplovment prevent me from making the scheduled repayments during which time interest will continue to accrue. The school may permit me to pay less than the mintmum monthly repayment rate for a period of not more than one vear at a Lime if I experience a period of prolonged illness or unemployment except such action may not extend the repayment period beyond 10 years. GRACE PERIODS - My initial grace period before beginning repayment is 9 months. If I am a Less-ThanHalf-Time Borrower with outstanding Federal Perkins Loans. my repayment begins when the next scheduled installment of my outstanding loan is due. If I am a Less-Than-Half-Time Borrower with no outstanding Federal Perkins Loans, my repayment begins the earlier of 9 months from the date my loan was made, or 9 months from the date I became less than a half-time student, even if I received the loan after I became a less than half-time student. My payments will resume after a post-deferment grace period of 6 months that Follows deferments that apply to Federal Perkins loans. PREPAYMENT - I may prepay all or any part of my unpaid loan balance. plus any accrued interest. at any time without penalty. Amounts I repay in the academic vear in which the loan was made and before the initial grace period has ended will be used to reduce the amount of the loan and will not be considered a prepayment. If I repay amounts during the academic vear in which the loan was made and the initial grace period ended. only those amounts in excess of the amount due for any repayment period shall be considered a prepayment. If. in an academic year other than the award ,vear in which the loan was made. I repay more than the amount due for an install- ment, the excess will he used to repay principal unless I designate it as an advance payment of the next regular installment. MINIMUM MONTHLY PAYMENT - I will make a minimum monthly repayment of S40 (or $30 if I have outstanding Federal Perkins loans made before October 1. 1992 that included the $30 minimum payment option) if required by the school. If the total monthly repayment rate on this loan and any outstanding Federal Perkins loans I may have is less than the minimum monthly repaverent rate established by the school. the school may still require a minimum monthly repayment rate. A minimum monthly repayment amount will combine my obligation on this and all my outstanding Federal Perkins loans, including those made at other schools. The portion of the minimum monthly payment that will be applied to this loan will be the difference between the minimum monthly payment and the total amounts owed at a monthly rate on my other Federal Perkins loans. If each school holding me outstanding Federal Perkins loans exercises the minimum monthly payment option. the minimum monthly repayment will be divided among the schools in proportion to the amount of principal advanced by each school. FORBEARANCE - Upon making a properly documented written request to the school. I am entitled to forbearance of principal and interest or principal only, renewable at intervals up to 12 months for periods that collectively do not exceed three years, under the following conditions: If my monthly Tide IV loan debt burden equals or exceeds 20% of my total monthly gross income: if the Secretary authorizes a period of forbearance due to a national military mobilization or other national emergency: or if the school determines that I qualify due to poor health or for other reasons. including service in AmenCorps. Interest accrues daring any period of forbearance. DEFERMENTS - Upon making a properly documented written request to the school. I may defer making scheduled installment payments and will not be liable for ariv interest that might otherwise accrue 1) during any period that I am: enrolled and attending as a regular student in at least a half-time course of study at an eligible school: enrolled and attending as a regular student a graduate fellowship program approved by the Secretary; engaged in graduate or post-graduate feilowshi P-supported study outside the US: enrolled and attending a rehabilitation training program for disabled individuals approved by the Secretary. engaged in public service that qualifies me to have part or all of my loan canceled: 2) for a period not to exceed three years during which I am seeking but unable to Find full time employment, 3) for a period not to exceed dvee scar dunng which I am experiencing an economic hardship as detemiino l ;n, ;hl. ".choO I am not eligible for a deferment evhile ser: ing in a medical tnue-xIp rx asi? i nUV program_ I may centime to defer making schedui,l ntitallmi.:.t pay mCn¢ andNIII not be liable [or an, ncsrtsr that might .nf-,erv: ra a.- r? • for a six munth period unmediateD: following the .zplrauon i.f r d ,it • rv nt pr nod described in this oara;;ruph. ('.A.`,t=f.I.L.-A CI UM; [lion making a properly doru merited wr an thr trhurl, I run enliOrJ w have up to i009o of rho original pl .wieum of the, In.m canceled if I perform quahlying rte ice in in in paragraphs A. B. C. D and E below. Qualifying Service must t after I receive the loan. A. Teaching • a full-time teacher in a public or other nonprofit e secondary school, that has been designated by the Secretary in ac the provisions of section 465(a)(2) of the Act as a school with a t concentration of students from low-income families. An official designated low income schools is published annually by the Seer time special education teacher in a public or nonprofit elemental secondary school system. • a full-time teacher, in a public or nth elementary or secondary school system. who teaches mathematic foreign languages, bilingual education, or any other field of expe determined by the State Department of Education to have a shot qualified teachers in that State. B. Early Intervention Services • a full-time qualified professions early intervention services in a public or other nonprofit prograr supervision by a lead agency as authorized by section 672(2) of t with Disabilities Education Act. Early Intervention Services are 1 infants and toddlers with disabilities. C. Law Enforcement or Corrections Officer • a full-time law er officer for an eligible local, State. or Federal law enforcement age full-time corrections officer for an eligible local. State, or Federal agency. D. Nurse or Medical Technician • a full-time nurse providing h services: or • a full-time medical technician providing health can E. Child or Family Service Agency • a full-time employee of an or private non-profit child or family service agency who is provi supervising the provision of services to high-risk children who a income communities and the families of such children. Cancellation Rates - For each completed year of service under F B. C. D and F. a portion of this loan will be canceled at the foil( 15% of the original principal loan amount for each of the first years: • 20% of the original principal loan amount for each of d and fourth yews: and • 30% of the original principal loan arena year. F. Head Start Cancellation - Upon making a properly documer request to the school. I am entitled to have up to 100% of the c principal loan amount canceled for qualifying service performer the loan as: • a fall-time staff member in the educational comp, Head Start program which is operated for a period comparable year and which pays a salary comparable to an employee of the tionai agency. Cancellation Rate - For each completed year of service under if Cancellation provision, this loan will be canceled at the rate of original principal loan amount. C. Military Cancellation - Upon making a properly document request to the school. I am entitled to have up to 50% of the pi of this loan canceled for qualifying service performed after I rec as: • a member of the Armed Forces of the United States in an hostilities that qualifies for special pay under section 310 of Tit United States Code. Cancellation Rate - For each completed year of service under t Cancellation provision. this loan will be canceled at the rate of original principal loan amount. H. Volunteer Service Cancellation - Upon making a properly written request to the school, I am entitled to have up to 70% principal loan amount of this loan canceled for qualifying terv after I received the loan as: • a volunteer under the Peace Corp volunteer under the Domestic Volunteer Service Act of 1973 programs). Cancellation Rate - For each completed ,vear of service under Service Cancellation provision, a portion of this loan will be e following rates: • I S% of the original principal loan amount for each of the hi 12-month periods of serice: and • 20'ir, of the original linnet for each of the third and fourth 12month periods of ser-•ece. 1. Death and Disability Cancellation In th,; event of my de. will cancel the total amount owed on this loan. If i hernme pi totally dice led after I rieni, this loan. the school will cancel awed nn Lh s loan. cca nc ?lumber 00273-000-00-3286-09 Name of Borrower Marcia MrKniff Address 6020 Bernhard Ave. Richmond, CA 94805 ANNUAL PERCENTAGE RATE The cost of your credit as a yearly rate. Prior to repayment 0 During repayment 5 7. AMOUNT FINANCED The amount of credit provided to you. $ 2.01]0.00 Itemization of the Amount Financed: $ 2,000.00 _Amount given directly tb you.l Late Charge: If a payment is late, you may be charged: $1.00 for the firs late payment, and $2.00 for each subsequent late payment if this loan is payable monthly, $3.00 for each late payment if this loan is payable bimonthly, $6.00 for each late payment if this loan is payable quarterly. Prepayment: If you pay off early, you will not have to pay a penalty. See your promissory note for any additional information about nonpayment, fault, any required repayment in full before the scheduled date, and pre- payment. TEE BORROWER A=NOW'LEDGES RECEIPT OF AN EXACT COPY OF THIS STATB.`*ENT. STUDE` inn ^?/?LNSTITiTr?ONAi r. BORR04 -. J {' /7 ZL4U - I (/ REP°.ESENTaTIVE -? ' ie- L FEDERAL PERKINS LOAN PROMISSORY NOTE 1. Name (last, first, middle initial) and Permanent Address (street, city, state, zip code) Marcia MCKnlff ?'OZ(7 13zr ?hc?rcl Aw 't c ?q w o VlGl C "N-ti 2. Social Security Number 3. Date of Birth 4. area Code/Telephone Number r:/?io)a3?-S??-I ver's License Number (List state 6. School Name & Address (street, city, state, zip code) Dickinson College P.O. Box 1773 Carlisle, PA 17013-2896 7. Borrower Status U Hag-time v greater ? Less than half-time 9. Loan Amount $2,000.00 TERMS AND CONDITIONS: 10. lbbr 'ation first) 8. In rest Rate 1999-20100 [Any bracketed clause or paragraph may be included at option of institution. [ APPLICABLE LAW - The terms of this note and any disbursements made under this note shall be interpreted in accordance with Part E of Title IV of th Education Act of 1965. as amended (hereinafter called the Act), as well as Federal regulations issued under the Act. All sums advanced under this note are Act and Federal regulations issued under the Act. REPAYMENT - I am obligated to repay the principal and the interest that accrues on it to the above named institution (hereinafter called the school) ovt beginning 9 months (or sooner if 1 am a less than a half-time borrower) after the date 1 cease to be at least a half-time student at an Institution of higher e comparable school outside the United States approved by the United States Secretary of Education (hereinafter called the Secretary) and ending 10 years I request in writing that my repayment period begin sooner. I understand that the school will report the amount of my installment payments. along with if loan to a national credit bureau. Interest on this loan shall accrue from the beginning of the repayment period. My repayment period may be shorter than required by my school to make minimum monthly payments. Upon my written request my repayment period may be extended during periods of deferm. forbearance and I may make graduated installments in accordance with a schedule approved by the Secretary. 1 will make my installment payments in equ bimonthly or quarterly installments as determined by the school. The school may round my installment payment to the next highest multiple of $5. It wl minimum monthly repayment of $40 (or $30 if I have outstanding Federal Perkins loans made before October 1. 1992 that included the S30 minimum 1 in accordance with the Minimum Monthly Payment Section of the Terms and Conditions contained on the reverse side of this document.) LATE CHARGES - The school will impose late charges if I do not make a scheduled payment when due or if I fail to submit to the school on or before t the payment. a properly documented written request that I qualify for any of the forbearance, deferment or cancellation benefits as described below. No Iexceed 20% of my monthly, bimonthly or quarterly payment. The school may add the late charges to principal the day after the scheduled repayment wa! it with the next scheduled repayment after I have received notice of the charge. and such notice is ,it before the next Installment is due. REQUESTS FOR DEFERMENT. CANCELLATION OR FORBEARANCE - To receive deferment, cancellation, or forbearance benefits, 1 must make to the school and must submit to the school any documentation the school requires to prove my eligibility for these benefits. 1 am responsible for submit) appropriate requests on time, and 1 may lose my benefits if 1 fail to rile my request on time. DEFAULT - If I fail to make a scheduled payment when due: if I fail to submit to the school. on or before the due date of a scheduled payment. docume qualify for a deferment. cancellation. or forbearance; or if 1 fail to comply with the terms and conditions of this promissory note or written repayment agi school may, at its option, declare my loan to be in default and may accelerate my loan (demand immediate payment of the entire unpaid balance of the It principal, interest. late charges, and collection costs). The school. and the Secretary, if my loan is assigned to the Secretary for collection, shall disclose to organizations that I have defaulted and all other relevant loan information. I will lose my right to defer payments and my right to forbearance If I default will lose my right to receive cancellation benents for service that is performed after the date the school accelerated the loan. I will be ineligible for any for student financial assistance authorized under the Act until I make arrangements that are satisfactory to the school or the Secretary to repay my loan. CHANCE OF STATUS - I will inform the school of any change in my name. address. telephone number. Social Security number, or driver's license nor ASSIGNMENT -This note may be assigned by the school only to the United States. The provisions of this note that relate to the school shall where app the assignee. PROMISE TO PAY- t promise to pay the school, or a subsequent holder of the Promissory Note. the sum of amount(s) advanced to me under the ter. interest and other fees which may become due as provided in this Note. I promise to pay all reasonable collection costs, including attorney fees and other necessary for the collection of any amount not paid when due. I will not sign this Note before reading it. Including the provisions on the reverse side. Th made to me without security or endorsement. My signature certifies I have read. understand, and agree to the terms and conditions of this Promissory Nt LOAN(S) THAT MUST BE REPAID Signature Date: ExxiazT "n•, 7erfns and Conditions (cofir-) FIARD)i!lI' I 1::!tA(E;dI' Oil IlI7NS I, ';... :m ',ern rr. tors.. d I qualify o a low urconre Individual duriwg the repayment pctiod, the. schooi may extend the repayment period for up to an additional ten (10) years and may adjust any repayment schedule to reflect my income. Upon my written request. the school may extend the repayment period if. in its opinion, prolonged illness or unemployment pmvent one from "raking the scheduled repayments during which time interest will continue to accnre. The school may permit me to pay less than the minimum monthly repayment ran, for a period of not more than one year at a lime if I experience a period of prolonged illness or unemployment except such action may not extend the repayment period beyond 10 years. GRACE PERIODS - My initial grace period before beginning repayment is 9 months. If I am a Less-Than-Half-Time Borrower with outstanding Federal Perkins Loans, my repavment begins when the next scheduled installment of my outstanding loan is due. If I am a Less-Than-Half-Time Borrower with no outstanding Federal Perkins Loans, my repayment begins the earlier of 9 months from the date my loan was made. or 9 months from the date I htsame less than a half-time student, even If I received the loan after I became a less than half-time student. My payments will resume after a post-deferment grace period of 6 months that follows deferments that apply to Federal Perkins loam. PREPAYMENT - I mar prepay all mr any part of my unpaid loan balance. plus any accrued interest, at any rime without penalty. Amounts I repay in the academic year in which the loan was made and before the initial grace period has ended will be used to reduce the amount of the loan and will not he considered a prepayment. IF I repay' amounts during the academic year in which the loan was made and the initial grace period ended, only those amotm¢ in excess of the amount due for any repavment period shall be considered a prepavrrient. If, in in academic year ether than the aw'aid ;ear in which the loan was made. I repay more than the annuont cut far an install ment. the excess will M• used to repay principal unless 1 designate it its an advance pavment of [he next regular installment MINIMUM MONTHLY PAYMENT - I will make a minimum monthly repayment of S40 (or 530 if I have outstanding Federal Perkins loans made before October 1. 1992 chat included the S30 rntntmum pavnieut option) if required by the school. If the total monthly repayment rate on this loan and any outstanding Federal Perkins loans I may have is less than the minimum monthly repayment rate established by the school. the school may still require a minimum monthly repayment rate. A minimum monthly repayment amount will combine my obligation on this and all my outstanding Federal Perkins loans. including those made at other schools. The portion of the minimum monthly payment that will be applied to this loan will be the difference between the minimum monthly payment and the total amounts owed at a monthly rate on my other Federal Perkins loans. If each school holding my outstanding Federal Perkins loans exercises the nninimum monthly payment option, the minimum monthly repayment will be divided among the schools in proportion to the amount of principal advanced by each school. FORBEARANCE - Upon making a properly documented written request to [he school. I am entitled to forbearance of principal and interest or principal only, renewable at intervals up to 12 months for periods that collectively do not exceed three years. under the following conditions: If my monthly Title IV loan debt burden equals or exceeds 20% of my total monthly gross income: if the Secretary authorizes a period of Forbearance due to a national military mobilization or other national emergency: or if the school determines that I qualify due to poor health or for other reasons. including service in AmedCorps. Interest accrues during any period of forbearance. DEFERMENTS - Upon making a properly documented written request to the school. I may defer making scheduled installment payments and will not be liable for any interest that might otherwise accrue 1) during any period that I arn? enrolled and attending as a regular student in at least a half-time course of study at an eligible school: enrolled and attending as a regular student a graduate fellowship program approved by the Secwcwr : engaged in graduate or postgraduate fellowship supported study outside the US', enrolled and attending a rehabilitation training program For disabled individuals approved by the Secretary'. engaged in public service that qualifies me to have part or all of my loan canceled: 2) for a period riot to exceed clu'ee. Years during which I am seeking but unahle m find full Little entpb,yrnertn. 3! for a [Wrind nut to exceed three ;,at; during .vluch I ;tin expenencing err -nnan',ic hardship as determined by I r h"nl. I an nt.t e!igil rr tar a k ii m.:nt 'Il le serving Ire a T he .ten- h. - r "Siden r'" ram l .:none .. 1 i•r akiny scht du'ef ;nsn.rh. .-'.t paY. n..r r d ..:i . t ,•-'aahl. r , .nu't s. '.11x1 n-uF t omz:,::e Iicm,l for a ;l, month f<-rlu.. unmgri ar .I ic.lo.vtnG the; eqv i.ni -.1, dF: rr.e:r.t pr r!nd r1l:X'b I i'r: V?;Clil.l.:A h);yIS Lpun "raking a prnpe., ", tkxI.... rod •.v r.. the sr hn. J. i am emit lerl ua hnce up nr I1101'n of the original F nnntnmt nl Ih" luerl czm'dicl if I perm"" gualih:tog smite in ll tit paragraple, A, B, C. D and I: below. Qualifying Service must after I receive the loan. A. Teaching • a full-time teacher in a public or other nonprofit i secondary school, that has been designated by the Secretary in a the to of section 465(a)(2) of the Act as a school with a I concenuanon of students from low income families. An official designated low-income schools is published annually by the Sea time special education teacher in a public or nonprofit elementa secondary school system. • a full-time teacher, in a public or orb elementary or secondary school system, who teaches mathemad foreign languages. bilingual education, or any other field of expt determined by the State Departnnent of Education to have a she qualified teachers in that State. B. Early Intervention Services • a full-time qualified profession, early intervention services in a public or other nonprofit prograr supervision by a lead agency as authorized by section 672(2) of with Disabilities Education Act. Early Intervention Services are infants and toddlers with disabilities. C. Law Enforcement or Corrections Officer • a full-time law e, officer for an eligible local. State. or Federal law enforcement ag, full-time toreadors officer for an eligible local. State, or Federa agency. D. Nurse or Medical Technician • a full-time nurse providing I services: or • a full-time medical technician providing health car E. Child or Femiiv Service Agency • a full-time employee of an or private nom profit child nr family service agency who is provi supervising the provision of services to high-risk children who a income communities and the families of such children. Cancellation Rates - For each completed year of service under f B. C, D and F a portion of this loan will be canceled at the folic • 15% of the original principal loan amount for each of the fuss years. • 20% of the original principal loan amount for each of d and fourth ye as: and • 30% of the original principal loan amot year. F. Head Start Cancellation - Upon making a properly documer request to the school, I am entitled to have up to 100% of the c principal loan amount canceled for qualifying service perfornec the loan as: • a full-time staff member in the educational comfit Head Start program which is operated for a period comparable year and which pays a salary comparable to an employee of the tional agency. Cancellation Rate For each completed year of service under a Cancellation provision, this loan will be canceled at the rate of I original principal loan amount. G. Military Cancellation Upon making a properly document, request to the school, I am entitled to have up to 50% of the fir of this loan canceled for qualifying service performed after I re, as: • a member of the Armed Forces of the United States in an t hostilities that qualifies for special pay under section 310 of Titl United States Cade. Cancellation Rate - For each completed year of service under it Cancellation provision, this loan will be canceled at the rate of original principal loan amount. H. Volunteer Service Cancellation - Upon making a properly c written request to the school. I am entitled to have up to 70%, principal loan amount of this loan canceled for qualifying sem. after I received the loan as: • a volunteer under the Peace Corps volunteer under the Domestic Volunteer Service Act of 1973 (? programs). Cancellation Rate For each completed year of service under t Service Cancellation provision, a poniurlof this loan will be ca following rates; 15% of the original principal Iran inv)um for each of the fin 12 n "dull "'ludS of ee rvicr. and • 2p"o of the ),lgw,i pfinC.p lur cam h 01111, Ihlrd and i . 0. 1? r.wnlh lierinds of •. race. ! I)eatlr end Uuahilit' Cunt ell,tnun In he event ^f n, it -ill cane-rl the total en t r.[ n:ul cr - !s I, ra.:-! h, corn, pr: totally di5ah eel afrr ! receive Thi, Ivan. the school .v,it caned t ..mI r.n rhi, Iran Account ;Number 00273-000-00-3286-09 Name of Borrower Marcia M^Kniff Address ANNUAL PERCENTAGE RATE The cost of your credit as a yearly rate. Prior to repayment 0 During repayment 5 7. AMOUNT FINANCED The amount of cred:!t provided to you. 2,000.00 Itemization of the Amount Financed: $ 2,000.00 -Amount given directly o you.l Late Charge Prepayment If a payment is late, you may be charged: $1.00 for the first late payment, and $2.00 for each subsequent late payment if this loan is payable monthly, $3.00 for each late payment i this loan is payable bimonthly, $6.00 for each late payment if this loan is payable quarterly. If you pay off early, you will not have to pay a penalty. See your promissory note for any additional information about nonpayment, fault, any required repayment in full before the scheduled date, and pre- payment. 'ME BORROWER AGZNOWLEDGES RECEIPT OF AN EXACT COPY OF THIS STATE:ENT. STUDENT INSTITUTIONAL BORROWER -2c 1,1 RE?RESENTATIVE , DAr.._ DATE- de- VERIFICATION I, THOMAS MEYER, Assistant Treasurer 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 ha e 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 fal C averments, I may be subject to criminal penalties. Dickinson College Thomas Meyer Assistant Treasurer rckinson College Dated: ') F:\FI LES\DATAFILE\Dickinsan College X619\DickinsonCalkgeColkaions1619QDocunan64 HS.co. 0 ?- r< ? ? - ?. ! '; ) ;, -ri _ ?' VJ F TILES\ ATAFILEOckinson College ]619\ ckimmColleg ollcctions]61?ummU\185.Otn2/ma Cre d'. 10/10/02024650PM Re,ns , 11/05/03 0336:05 PM 7619c 185 DICKINSON COLLEGE, Plaintiff V. MARCIA McKNIFF, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-3284 CIVIL ACTION-LAW JURY TRIAL OF TWELVE DEMANDED I hereby certify that a copy ofthe Complaint was mailed to Marcia McKniff, 260010` Street, #437, Berkeley, California 94710, on October 27, 2003, by certified mail, restricted delivery, return receipt requested. Attached is the Post Office return receipt signed and dated October 30, 2003, and a copy of the receipt showing the cost of service was $8.61. MARTSON WILLIAMS & OTTO David R. Galloway, Esquire I.D. No. 87326 Ten East High Street Carlisle, PA 17013-3093 (717) 243-3341 Date: November 6, 2003 Attorneys for Plaintiff ¦ Complete items 1, 2, and 3. Also complete item 4 if tricted Delivery is desired. ¦ Print your lame and address on the reverse so that we can return the card to you. ¦ Attach W card to the back of the mailpiece, or on the nt if space permits. 1 Artic Atld seed to: ,2Goo ??.? ?y3> 2. Article Number MOnsler frOM service lebeg PS Form 3811, August 2001 _. 1. A. D. Is delivery address different If YES, enter delivery addn OCAg0M 0 Addrs C. 0 No IS. Service Type ' Certified Mall 0 Express Mail Registered 0 Return Receipt for Merchandise 0 Insured Mail 0 C.O.D. 4. Restricted Delivery? (Extra Fee) ye, 7aT]1 1140 0003 2518 8850 Domestic Return Receipt C3 to CO BERkELEY'CA 04716 cc 1 Postage $ 31.06 rU Certified Fee M Return Receipt Fee ppp??n oys?tmad 0 (Sadomement Required) as Restricted Delivery Fee 33. ?? l?Cf 0 (Endorsement Required) 0 Total Postage a Fees $ 58.61 4Q/77/20? ?. ? sent To -.=-u --- ------------------------ a Sfroef, Apt. No.; O or PO Box No. I.L000 ---G..L.., ...................................... r.., aN, stet fP+ ?7 7??1 "Sa2o? .rr rt 102595-02-M-1035 CERTIFICATE OF SERVICE I, Marti Iben, an authorized agent ofMartson 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, PA, first class mail, postage prepaid, addressed as follows: Marcia McKniff 2600 100' Street #437 Berkeley, CA 94710-2522 MARTSON DEARDORFF WILLIAMS & OTTO By Marti fb Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: November 6, 2003 ;RFR T i7 ? CJI K ANNETTE VAOW, Plaintiff V. ROBERT VAOW, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002-3284 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT 1. A complaint in divorce under §3301(c) of the Divorce Code was filed on July 11, 2002. 2. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a Final Decree of Divorce after service of notice of intention to request entry of the Decree. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4909 relating to unswom falsification/ to authorities. Date: p kh l ANNETTE VAOW, Plaintiff WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a Final Decree in Divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a Divorce Decree is entered by the Court and a copy of the Decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4909 relating to unswom falsification to authorities. Date: I I ` ?,L,5 'l -3 -l.d L uuk ANNETTE VAOW, Plaintiff 1\10V zs ,zao3 ANNETTE VAOW, Plaintiff V. ROBERT VAOW, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002-3284 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT 20021. A complaint in divorce under §3301(c) of the Divorce Code was filed on July 11, . 2. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a Final Decree of Divorce after service of notice of intention to request entry of the Decree. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4909 relating to unswom falsification to authorities. Date:-If, 4?o ANNETTE VAOW, Plaintiff WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a Final Decree in Divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a Divorce Decree is entered by the Court and a copy of the Decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4909 relating to unswom falsification to authorities. Date: [ ? ` 91 ?5 - ()?)_ oatL ANNETTE VAOW, Plaintiff A/0 V ZS„zaa3 ?' w ° , `? ? ,,, ,' ?? , ? ;,. r u ?? %' ?c: -o ? r < -1r ?J { ANNETTE VAOW, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2002-3284 CIVIL TERM ROBERT VAOW, : CIVIL ACTION - LAW PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Transmit the record, together with the following information, to the Court for entry of a divorce decree: 1. Ground for divorce: irretrievable breakdown under § 3301(c) of the Divorce Code. (Strike out inapplicable section). 2. Date and manner of service of the Complaint. Service was made on July 17, 2002 by certified mail, restricted delivery to Defendant, Robert Vaow. 3. (Complete either paragraph (a), or (b).) (a) Date of execution of the Affidavit of Consent required by § 3301(c) of the Divorce Code: by the Plaintiff: November 23,2003; by the Defendant: August 29, 2003. (b) (1) Date of execution of the Plaintiffs Affidavit required by § 3301(d) of the Divorce Code: (2) Date of service of the Plaintiffs Affidavit upon the Defendant: 4. Related claims pending: none 5. (Complete either (a) or (b); (a) Date and manner of service of the Notice of Intention to File Praecipe to Transmit Record, and a copy of which is attached: (b) Date of execution of the Waiver of Notice of Intention to File Divorce Decree as required by § 3301(c) of the Divorce Code: by the Plaintiff: November 23, 2003; by the Defendant: August 29, 2003. Date: December 11, 2003 S. Diehl, Esquire for Plaintiff ca ? o .? y ?-, _ r- ? n? fT1 i.= t Cif vp C7 L .? L j i_ - r? ?} ? y I IIILSUKFAFILEAD k'ssonCNl,g b1 -AinronC II LCoIImliora"/tI IC'{ 195 ,.,3 Creolcd. 0/10/01024650 PM R1011d. 0120/04 08 45.05 A.A1 71,19, 181 IN THE COURT OF COMMON PLEAS OF DICKINSON COLLEGE, Plaintiff V. MARCIA McKNIFF, Defendant TO THE PROTHONOTARY: CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-3284 CIVIL ACTION-LAW JURY TRIAL OF TWELVE DEMANDED PRAECIPE Enter default judgment in the above-captioned action in favor of Plaintiff and against Defendant in the amount of $7,310.70 plus interest from April 3, 2003 in the amount of $280.32, collection and attorneys' fees in the amount of $1,200.00 for a total of $8,791.02, plus 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 (in the form attached hereto) was mailed to the Defendant at the address indicated thereon, on January 6, 2004, which date was subsequent to the date default occurred and at least ten (10) days prior to the date of the Praecipe. MARTSON, DEARDORFF, WILLIAMS & OTTO B David R. Galloway, ui e Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff Dated: January 20, 2004 DICKINSON COLLEGE, Plaintiff V. MARCIA McKNIFF, Defendant TO: MARCIA McKNIFF, DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-3284 CIVIL ACTION-LAW JURY TRIAL OF TWELVE DEMANDED NOTICE OF ENTRY OF DEFAULT JUDGMENT You are hereby notified that on /?/ _, 2004, the following Judgment was entered against you in the above-captioned case: [I]n t e amount of $7,310.70 plus interest from April 3, 2003 in the amount of $280.32, collection and attorneys' fees in the amount of $1,200.00 for a total of $8,791.02, plus costs of suit and interest from date of judgment. Date: Prothonotary I hereby certify that the name and address of the proper person to receive this notice under Pa. R. Civ. P. 236 is: Ms. Marcia McKniff 2600 10th Street, #437 Berkeley, CA 94710-2522 17AFl1 InSMATAI'lI ckfnsnn College's 1. ioooColkgeColloaione?nlyClDOwnnmsV NS nm Cl'eu4J. l,i (14 S?OYM .. _cvis ll. 11510. >.;Ipm DICKINSON COLLEGE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. MARCIA McKNIFF, Defendant TO: MARCIA McKNIFF, Defendant NO. 03-3284 CIVIL ACTION-LAW JURY TRIAL OF TWELVE DEMANDED 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 DEARDORFF WILLIAMS & OTTO By David R. Galloway, Esquire Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff Dated: January 6, 2004 U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FOR INSURANCE-POSTMASTER Received From: I XS -I -T;ar? ?QSt?h?ee,l 0131r(<;le., r ' l7cr? One gece of onliinary mail add essegd lo: A J./'l?l?(Gtllr?ILxILf? a-?- 0 0 0 y r. r r s a PS Form 3817, January 2001 CERTIFICATE OF SERVICE I, Marti Iben, an authorized agent of MARTSON 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, PA, first class snail, postage prepaid, addressed as follows: Ms. Marcia McKniff 2600 10th Street, #437 Berkeley, CA 94710-2522 MARTSON DEARDORFF WILLIAMS & OTTO By 'G'(G?S Marti Then Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: January 20, 2004 /'? _ r? 1? ? ?. :•.: ?_ ? e ? ;4 d ? ;?, s ? ,. ! ? Qw c . , MARTSON LAW OFFICES By: r . /Z Christopher E. Rice, Esquire Attorney I.D. No. 90916 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff FABLES\Clients\7619 Dickinson College\Collections\Cument\185\7619C.185.pra4/mai Created: 10/10/02 02:46:50 PM Revised: 12/08/09 03:49:28 PM 7619c.185 DICKINSON COLLEGE, Plaintiff V. MARCIA McKNIFF, Defendant TO THE PROTHONOTARY: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-3284 CIVIL ACTION-LAW JURY TRIAL OF TWELVE DEMANDED PRAECIPE Please mark the judgment in the above-referenced matter satisfied and the action discontinued. Dated: /02 91 &49 CERTIFICATE OF SERVICE I, Mary M. Price, an authorized agent of MARTSON LAW OFFICES, 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: Alisa Katz Campbell, Esquire 7 Cabot Place, Suite 1 Stoughton, MA 02072 MARTSON LAW OFFICES B Y teasi Price High Street Carlisle, PA 17013 (717) 243-3341 Dated: OQ r1?G'-l.%i"f ?t1C 2009 DEC -9 AM (i r 5 7 Gt,m"L. i liutt :3ji-S?UJN? Y