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WATSON & COPPERTHWAITE, P.C.
BY: J. SCOTT WATSON, ESQUIRE
Identification Number 41060
30 Regency Plaza
Glen Mills, Pennsylvania 19342
(610) 358-9600 Attorney for Plaintiff
THE EDUCATION RESOURCES CUMBERLAND COUNTY
INSTITUTE, INC. COURT OF COMMON PLEAS
330 Stuart Street
Boston, MA 02116 _
V. 1
JAMES LOTT
1956 Lambs Gap Road
Mechanicsburg, PA 17055
COMPLAINT IN CIVIL ACTION
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 plaintiff. 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.
COURT ADMINISTRATOR
Cumberland Co. Courthouse
4th Floor, I Courthouse Square
Carlisle, PA 19013-3387
(717) 240-6200
AVISO
Le ban demandado a usted en In carte. Si usted quiere
defenderse de estas demandas expuestas en las paginas
siguientes, usted tiene veinte (20) digs de plazo al partir
de In fecha de la demanda y In notification. Hace falta
asentar una comparencia escrita o en persona o con un
abogado y entregar a In torte en fora escrita sus
defensas o sus objeciones a las demandas en contra de
su persona. Sea avisado que si usted no se defiende, In
torte tomam medidas y puede continuar In demanda en
contra soya sin previo aviso o notification. Ademas, In
cone puede decidir a favor del demandante y requiere
que usted cumpla con todas las provisions de esta
demanda. Usted puede perder dinero o sus propiedades
u orros derechos importantes parr usted.
LLEVE ESTA DEMANDA A UN ABOGADO
INMEDIATAMENTE. SI NO TIENE ABOGADO O
SI NO TIENE ELDINERO SURCIENTE DE PAGAR
TAL SERVICO, VAYA EN PERSONA O LLAME
POR TELEFONO A LA OFICINA CUYA
DIRECCION SE ENCUENTRA ESCRITA ABAJO
PARA AVERIGUAR DONDE SE PUEDE
CONSEGUIR ASISTENCIA LEGAL.
SERVICIO DE REFERENCIA LEGAL
Cumberland County Courthouse
I Courthouse Sq., 4th Floor
Carlisle, PA 17013
Telefono:(717)240-6200
WATSON & COPPERTHWAITE, P.C.
BY: J. SCOTT WATSON, ESQUIRE
Identification Number 41060
30 Regency Plaza
Glen Mills, Pennsylvania 19342
(610) 358-9600
Attorney for Plaintiff
THE EDUCATION RESOURCES
INSTITUTE, INC.
330 Stuart Street
Boston, MA 02116
V.
JAMES LOTT
1956 Lambs Gap Road
Mechanicsburg, PA 17055
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
710 99- 7Y/% (_GUL.V Ta?-
COMPLAINT IN CIVIL ACTION
1. Plaintiff, The Education Resources Institute, Inc., is a corporation organized and
existing under the laws ofthe Commonwealth of Massachusetts, located at 330 Stuart Street, Boston,
Massachusetts 02116.
2. Defendant, James Lott, is an individual and citizen of the Commonwealth of
Pennsylvania, residing at 1956 Lambs Gap Road, Mechanicsburg, Pennsylvania 17055.
COUNTI
3. Plaintiff hereby incorporates the allegations set forth in paragraphs one (1) and two
(2) as though the same were fully set forth at length herein.
4. At the special insistence and request of the Defendant, the Defendant on or about
August 3, 1990, executed and delivered to the Payee a Promissory Note, a true and correct copy of
which is attached hereto, made a part hereof and marked as Exhibit "A". In return, the Defendant
was advanced the sum of $13,500.00 as a Law Access Loan.
5. The Payee, for value received, has duly sold, transferred and assigned all of its rights,
title and interest in said Note to the Plaintiff, The Education Resources Institute, Inc., who remains
the owner and holder of the Note.
6. The Defendant has defaulted on the terms of the Note.
As of November 12,1999, the Defendant owed to Plaintiff, The Education Resources
Institute, Inc., a principal balance on the Note of$16,583.57, plus interest in the amount of $2,572.46
at the rate of 8.11 % per annum.
Wherefore, Plaintiff demands j udgment against the Defendant, in the amount of $19,156.03,
together with interest to and from the date of judgment.
COUNT II
8. Plaintiff hereby incorporates the allegations set forth in paragraphs one (1) and two
(2) as though the same were fully set forth at length herein.
9. At the special insistence and request of the Defendant, the Defendant on or about
August 14, 1991, executed and delivered to the Payee a Promissory Note, a true and correct copy
of which is attached hereto, made a part hereof and marked as Exhibit "B". In return, the Defendant
was advanced the sum of $14,500.00 as a Law Access Loan.
10. The Payee, for value received, has duly sold, transferred and assigned all of its rights,
title and interest in said Note to the Plaintiff, The Education Resources Institute, Inc., who remains
the owner and holder of the Note.
11. The Defendant has defaulted on the terms of the Note.
12. As of November 12,1999, the Defendant owed to Plaintiff, The Education Resources
Institute, Inc., a principal balance on the Note of$1 6,372.08, plus interest in the amount of $2,539.69
at the rate of 8.11 % per annum.
¦1_._
Wherefore, Plaintiff demandsjudgment against the Defendant, in the amount of$18,911.77,
together with interest to and from the date of judgment and anticipated court costs of $145.50.
COUNT III
13. Plaintiff hereby incorporates the allegations set forth in paragraphs one (1) and two
(2) as though the same were fully set forth at length herein.
14. The Plaintiff, The Education Resources, Inc., is a guarantor ofeducational loans that
are dispersed by lending institutions.
15. The Defendant made and submitted two (2) applications for a student loans, all of
which was guaranteed by the Plaintiff pursuant to the Law Access Loans.
16. In accordance with the Defendant's applications, the Defendant was granted two (2)
guaranteed student loans from participating lending institutions.
17. The Defendant defaulted upon the terms and conditions of the student loans granted
by the lender.
18. The Plaintiff, pursuant to its Guarantee and with the expectation of reimbursement
from the Defendant, has upon the lender's request paid to the lender the principal balance and
interest due under the Defendant's defaulted guaranteed student loans.
19. The Defendant knew or should have known that the Plaintiff paid to the lender the
principal balance and interest due under the Defendant's defaulted guaranteed student loans.
20. The Plaintiffs payment of the Defendant's defaulted student loan debts has inured
to the benefit and enrichment of the Defendant.
21. As a result of the Plaintiffs payment of the Defendant's student loan debts, the
Defendant, as of November 12, 1999, owed the Plaintiff $38,067.80 plus interest from said date,
together with attorney's fees and court costs.
22. The Plaintiffhas made numerous requests for payment, and the Defendant has refused
to pay the Plaintiff the amount due under the Defendant's defaulted guaranteed student loans;
whereby, the Defendant has been unjustly enriched.
Wherefore, Plaintiff demands judgment against the Defendant, in the amount of $38,067.80,
together with interest to and from the date of judgment and anticipated court costs of $145.50.
J. SCOTT WATSON, ESQUIRE
Attorney for Plaintiff
lAW
LAW ACCESS' LOAN (LAL) PRi0M'.1St:t6RY NOTE
In this Note the words "1", -me'. 'my" and "mine' mean the undersigned borrower.
P,d Any
")'our" and "l'ours' moan A^.ar•'st Cc-pa Y
otner holder of this Promissory Note.
?, Mr Name t ^ c?( N^?2
JOCL Jecumy i iu. CJ V O •- ??
Address 22 G,JC•?SftQCLC? /tV2"??
,MyCityiStaterZip (_Je2t7eN 1M4. O'2f
My Law School Texa ? --
I, t"PO,TA'2T- ^ERD THIS L!FOP.'1P.TION CAREFULLY
nd me 1
of be oblg ted on this Promissory t ote uNot with my nle you mail a loan tcheck too my law school loor me.You have( eright not tom ke a loan or to d lend an amount i me money and I less
than the Loan Amount Requested.I agree to accept an amount less than the Loan Amount Requested and to repay that portion of the Loan Amount Requested
trial you actually and to me. guarant
Dis 2. After Statement. In addition to Othereinformatiod taleD-scosurre Statement which l agree shale be incorporatetln and made a part of thsNotetlmeell me
.,nr nr T,• n:.e.,.pam=nl end the ?mount of your ovoination fee and the guaranty fee.
3. 1 will review my Disclosure Statement upon receivr_ n ant; evil contact y:.u f 1 race afy;uasGans.
If. PRONUSE TO PAY
i ?,nTi<e it, hey to ynur order on the terms of this Promissory Note all of the Principal sum of 5 t.3 (Amount Requested
crtect it is advanced to me, interest on any unpaid accrued interest
to the extent it ri advanced to me and as sat out calow. in the eve e eve ;nt cn of ::,a default, int, o a=•
added t to o the principal balance, late charges, and, , in t costs of collection and reasonable attorney's lees.
I ill a in loan in consecutive monthly install.
Ill. DR14TIO14S
1. Disbursement Date -The"Disbursemenl Date' is the dateonwhichyou
tend money ton in uns;daa;;on 1c: r7 ^rc-fccc:; :tote zc_ ..... the dale shown on my loan check.
2. Interim Period - The "Interim Period" will begin on the initial Disburse-
ment Dale and will end on the earlier of the following pates:
(a) Six months after 1 cease to be emptied (for any reason other than
graduation) in atleast half-time study at the taw school named above
or any other law school participating in Ins Law nccass Loan pro-
gram: or
(b) Six months after I graduate from the jaw school iisted auuv<or wry
other law school Participating in the Law Access Loan program.
3. Repayment Period -The"Repayment Period- will begin on the day after
the Interim Period ends and will continue for 180 months.
4. Statement Period - I will receive statements on my loan at the address
shown on your records tsee Paragraph XIII., Notices). The period of time
covered by a statement is called a "Statement Period." During the Interim
Ferfod, I w°I receive gaa.terly stzte^eh!s on my Ivan, The quarterly
statements will cover Statement Periods beginning on the Disbursement
Date and thereafter on the first day of eacn January, April, July and
October. During the Repayment Period I will receive monthly statements
on my loan. The monthly statements will cover Statement Periods
beginning on the first clay of the Repayment Period and cn the same clay
of each following month.
IV. INTEREST
1. Accrual- Interest on this Promissory Note will accrue at ;.`.s Variable
Rate. Interest begins to accrue on the Disbursement Date and will
continueto accrue until the principal is paid infull. Interestwill accrueon
iha unpaid panpfpcl ce^ tc ;he entent it ja ed;•enned rZ m e a nd nn pnnpid
accrued interest added to the principal balance in accordance with
Paragraph V.I. Interest will be calculated on the basis of the actual
number of clays in the year and the actual number of days elapsed
Inclu'd'ing he d^Ys -A de;'s nn which you are not open for the conduct
of banking business. If I am obligated to pay Interest during the Interim
Period but fail to do so, you may at your option, add such Interest to
the pr.incfpzl bzlznce of the loan at repayment
2. Variable Rate-The Variable Rate is equal to 3.25 percentage paints plus
the Current Index, but in no event more than the maximum rate allowable
under applicable law. The Variable Rate will change quarterly on the first
clay of each January, April, July and October (the -Crane Date(s)") it
the Current Index changes. The "Current Index" for any calendar quarter
beginning on a Change Date (or for any shorter period beginning on the
Disbursement Date and ending on the first Change Date) is the most
recent Index as of the Change Date. The Index is the average bond equiv-
alent rate of the final auction for 91-clay United States Treasury Bills
during the previous calendar quarter. (The bond equivalent rate of the
weekly auction average for 91-day United States Treasury Bills is
Published by the Federal Reserve Board in Statistical Release HAS (519)
If the
under the
Index Is no longer available. you will choose a comps able substitute.
V. TERMS OF REPAYMENT
1. Interim Period - I am not required to make payments during the Interim
Period. You will add unpaid accrued intarast:o the principal balance of
the loan at repayment.) may, however, make payments of interest which
accrues during the Interim Period in the amounts and on the payment
due dales shown an my quarterly statements.
2. Repayment Period - I will make consecutive monthly payments in the
amounts and on me payment cue Oates sno:.n on 6.y :opmrJy s;aiu-
ments until I have paid all of the principal and interest and any other
3. Repayment Terms- w rep y Y
menls olprincipal and interest calculated each Change Dale to equal the
amnnnt necessary to amortize the unpaid principal balance (including
capitalized interest) of my loan (as of the date of calculation) to equal
monthly installments of principal and interest at the Variable Rate Marlin
affect carer the number of months remaining in the Repayment Pericd.
4. ArrountsOwing at the End of the Repayment Period - Sinceinterestac-
crues daily upon the unpaid principal balance of my loan, if I make
- =n! due dates. l may oc,'e additional interest ItI
have not-paid my late charges, I will also owe additional amounts for
mn?a lam nhnrpes in si ttlh case ,you will increase the amount of my last
monthly payment to the amount necessary to repay my loan in full.
5. i.ttfn,Slum Rapayment- Notwithstanding paragraph V.3 l agree to payat
least S50 each month (principal and interest) or the unpaid balance.
whichever is less.
VI. LATE CHARGES
II permitted by law (which shall include the law of New Jersey).I will pay a
late chargeit I fail to make any part of an installment payment within 15 days
after it becomes due. I will pay only one late charge for an installment
payment, regardless of the number of days it is late. A late charge may not
exceed the lesser of 55.00 or 5% of the unpaid amount of the installment.
VII. PREPAID FINANCE CHARGES
1. Guaranty Fee- I will pay a guaranty fee to you, a portion of which you will
forward to TERI to pay for its guarantee of this Promissory Note. The
amount of this guaranty fee will be identified on my Disclosure
Statement.
2. Origination Fee- I will pay an origination fee to you equal tO.252'c of the
amount of each disbursement. If I reside in Louisiana, the origination fee
will not exceed S25.OU.
3. Deducted from Disbursements - Al the time you issue any disburse-
ment. you will deduct the guaranty fee and origination fee from the
tlisbursement.llyPu do not withhold a fee from the proceeds of the loan
and I have not alreatly paid that fee, I agree to pay it when you bill n,e to il.
I v:ill not he entitled to any refund of any guaranty fee or origination fee
after I cash my disbursement check.
VIII. RIGHT TO PREPAY
I have t`e right to prepay all or any part of my loan at any time without
penalty.
(PLEASE TURN OVER - CONTINUED ON REVERSE SIDE)
I WILL NOT SIGN THIS PROMISSORY NOTE BEFORE READING BOTH
SIDES OF R, EVEN IF OTHERWISE ADVISED. 1 WILL NOT SIGN THIS
PROMISSORY NOTE IF IT CONTAINS ANY BLANK SPACES. BY SIGNING
THIS CONTAINS NO BLANK SPACES AND THAT G HAVE RECEIVED AN EXACT
COPY.1 HF.VE THE RIGHT AT ANY TIME TO PAY IN ADVANCE THE UNPAID
BALM E DUE UNDER THIS -rnDrdISSORY NOTE 1YITHOUT PENALTY.
.?
rrower's Signature ? to igned
AIJERITRUSf COMPANY NATIONAL ASSOCIATION
900 E,. n as c. Cia. etantl, Ctip 44 `1
E'C'HJSF A-v i
BY' nr._ n.n nt
" ^-""'""`"^' '•? _? C +l/C `?•? 1 ra sob is ?rent rom defeime oCfil"a merit (as
a -sci;-bW
IX DEFERMENT OF REPAYMENjL;Ff :f L PHEAA D', J??TT^' 1 Paragraph IA. u. tills l.tile(. I uppersmnP Inatcvw .. Ie,nm„
•r..__._,^-•.....:unit<^h.A.u.A,nh.m,AP to rnnsecufJL1?nbHMl4 instef"-^ )rpayment of Interest during any perloipl,10a?girance. 0
merits as set forthje P&ragraph V3„tVrNM'f?tt???tyq? a m certain instances ^'• ^C-C LZAN CCC '
the n,.m.N^Ipin ur dto "aRe, dti p rPWMbhy ej this . Totheexlent permitted bylaw (which shall include the law of New.fersel
Promssoryq N9''e; stay-pg'tlef r?Q rolaperlod not ro @xceeq•unree rewltns, ...:'
The instances a a -^_3 cnbEdbeldv?.'TO obtain such deferment I agree to'"o•"o c dutstanding principal ?bdlence; accruad'InteresLr end' all other amou•
coin ofy vath'the 0-nibi4ty reouiretrrents sot forth below and to submit to you Payabto to you under me to:ms of this Promissory Note: a•e hr p-!p
an .err ma r -^,n -• rnn.
Y 115 YW y Y57v1!fltu 4y_+un;u,t for .:z,ernard o; ;zpax- I P^! t? 2nv 1?w whlCh may oi•:e me a tent In r.:•e
'mentwlll remal'nr- p?nslble for paymentof Interest during any period of tlelauE)if:
awrn,m,l. . __ - I. _ . ,_ ._ ePn 1-1 .,n:hh, n „M in •inn ,..huh d" r•
I may defer payment of principal on my loan after the repayment period 2. Ifalto notilyyou of a change inmy name, address. Or sCnoolenrcl,-:-
` u,Jy:6, a pei;punatnc -...-.yi•Irhin f.n A,ye ,It., 111,11. nrrnrc or
exbeed three•mon:ns. 3. , tired.„ of r, %a;_,..
<. ass oreding is begun by or against me, or!css.gn ar.:
(a, Fuhy Ime cry at a scr.OOl that is paClcioating ii the Stafford Loan my ny assets s for Ine the benefit of my my cre creditors; of
after rderred ;o• as the -Stafford Loan Program-), unless I am curing Ine interim or riep.ylilel,l rc.,vua.
--- _ -'!-'-•^:"p'- •'AP^py pr^^rzm err,m nnf, It INPb•flf I will he rPmlired to Dav interest on this loan accrulnaw:ef defy
my^^er ,c h.InrP dPlaltll
,ternsrop, r;slcency Progreso `c(aam not a national of me Urtea aacr:may:;ho•is cot you., regwarty sz,ziiea crp,o a e a - •
!of An eliclole graduale fellowship program as defined in the Stafford Note i l am in default. ^«
nut. ..C uG:.,i
icr Ail :.?:- tr inin, o:cg; am for disable- individuals as
° ' -- •=ffc:d L c,n Program reculations. L lwa se . written
!niPin dato you, ys alter any subsequent : of:as r:Or. -
• ::,,nu n :?:1 days z'.:e: ,ry :hit-_< in my ay nn na_e. t-: _.-
2. "71.11d r rim -• !e
(a) On active duty status in Ine Armed Forces Of me United States, or 2. s:: Any notice no ice required at to Pe o Do en to me oy - - ? .,
C=ps of the I fr1ed $',fes given you will tie elfECbve when G:6.:.
Public Health Servica; .• .. -.... .. _ cy 5r:: c!cZl: C ma; ^c!! to file 'ztes' r ,dd ".drees ss y^. „a:•e ter mP
lOf Serving asavoiunleer under lheFeaco Corps Act, it lhave agreed to XIV. PRIVACY .1 ....w .r :: .: y;. •,.
_. 1. I most update the Information on my applicalion vrnanever you a a k me
'_.2; .r;,,nl^"h^-?^merUc VnIU°- co so.1 aUL-,oras you from ;ana to;in:a!a:us n:s!: Lb:
1 c, grams),if l have agreed to serve 'C" "C CO err^o:'.:a^==ecciat a^d :o c:hzrs leg"':"' "°?
teerSe•viceAelof.1975(ACTION pro
at at izast o:.z tsar; receive such information. If I default on my loan, disclosure of info.
_ .,
t0) Performing Upna70Ul myloanto consumer repan,D3agenGESm2;'
:_i•:iC.t:.:......-_,-c:... c. ...,._.. L:S :, ":•, - >_.1 :?..:.?. .uvelacH ?:'.
::•^^•-determined iscomrarabletoservice inthePeaceCorps
or ACTibN programs, for an organization exempt from taxation 2. latfyorizeyou from time to time to request and rzceivelromcnersCra
-: -- ^ - ^ r-an _I •r;E• -,s it-related information about me land about my spouse it I live m
.?^•..: :?: r..e:: r.::r.::•=' -
(e) Temporarily:dfailylfisabl=d. as cerilied by a quatlfied physician, or requested Information from a consumer reporting'agency and will pr
vidde me with !he name and address o(any agency that furnished you
ue ble to bcf tat .my ei'd. i tffie i Ln1 cead.y .G: G - :: ' e
gth.r n=pendent who is temporarily totally disabled, as established g, Ur.!ess prohibited by law (which shall-ihcllitle the law of New Jzrse.
by a sworn affidavit of a Guzlilied physician. youare authorized to share information about my loan, Including, but r
-
let Servina in an eligible Internship program as defined in the Stafford vow -""subsidiariesand affiliates f cffiliates aces and with Law School -• Adm
Lean Procran regulations; or Services. are also authorized to to 'ss¢
;hI 4Pn•'^a•?a^!nternshioofresidencyorocramleadinetoadeoreeor infomati , Inc. about and its affiliates. nclu. You are sr::
• certificate awarded by an institution of higher education, a hlisPdal, andaddress, my loan, including, but not limned to, my name, Sc
y=b_,,v.-hselected companies to customer surveys:
?+ a ne_Ith care facil!ty that otters post grad=e ;ra.n!ng• .,,! c cr, ,;r _
4. When] am expecting orcaring for a new dependent now dependent is nefth- unless p ited Oy ?_tz_ r-",'_h^.t^bs for^•emD,e^a'<e'kn,r:
u TIONAL A oy law. _
zrt:•orkf^ccr^schbel, Providedlam riot aHendirigaschool and am not ry, LnDI•IONAL AGREEMENTS
ga:nfutly employed. In order to qualify for this deferment, 1 must have i. Theoroceedsof thisloan will be usetlonl form educational ex ns•:
enrolled at least half-time in a school participating in file Stattwo Y Y -tie
_z il; school listed shove.
Loin F:eg:amv::h!n the C:x- npr.:h Pe:iCC
[. di iiia i S required L:,uaf ilS yJafallty agfa'tf16L: 1p lc,,'
beginning data of the determent .y a;;
In addition to to the above deferments, if 1 an a I U6.1. will become the owner of i Promissory Note and as my creditor
itor v.
,c...:_^nccc:.:^zddi:::etc;`=a`^ee. deferments of Payment hate all the ngnls of the original len0er to enwrce loss fl
cl principal on my loan after the repayment period begins un:':r any of the 3 est -e.
following nrcur,s:arces. . f dvrsponsibilily for paying this Note is unaffected by the nab?ry of a.r
'- ' •• "" ""- at a 3-h3ol that is p=;t:Ci- other person tome or byyourfailure to notify me lhala requuebpaym_
- paling in the Stafford Loan Program, unless I am engaged in a medical has not uaen mad,...,.t.yL; iumry Loy
internshiphesicency program or I am not a national of tneUnnedStates, Prrr.,issory Note you may accept (a) late payments, or (b)as tie:mi:ft
31=,4ve a!LY_ ^cN'f^r":• c,S proCrcm for the e^rollronf bylaw. Partial payments, even if marked'payment in lull.-Ycu.nay ce_
6. Whistic. fusing your entitlement to exercise ne ngnt at cny:wuret a:r:dz-
(a) On active duty status in the Armed F^•---'..'e United Stiles, or luttreoccason. YOUwill not be obligated to make any tlzmartc Lpcr,
_ -, send me any notice, Present this Promissory Note to me for payment;
Lu,y ,..c, .``PPr)a4.N•pgcc;: Crc:::::f::n yalErC :C :a _.rc._"._:-.:___':c_!._..I_?._
Public zI:hVServicE'. a duty mer- er of the National iss:ry Note if lam in defaultand to the extent permif!ed by aPp',ca^'e •-
Oceanic and
sh'ettC"1 Cor ; or -- (which shall include the law of New Jersey),1-hereby waive any ngh,
:SP
(b) Engage as a II•Lme teacher In a publi or D vote elementary or might clhervrise have to require such nations.
seconds y , ool in alteacner s_hRrtagea as defined by the 4. Youare located in Ohio. You will receivam a
Sec:el=. ucQZ.FS n e ,, y application and this Pwr.
7. If I have del rnf , `h ' 1• I' r Is:ary Note In Ohfo. t will melee my psyments to you in Ohio. CONS-
qe at bme who are neitherfA&Kl g or in school, am OUENTLY, THE PROVISIONS OF THIS PROMISSORY NOTE WILL L
entering or t ve e,ere.arc<, ono am ee',- rd at z rztc;nit is GO1°_RNED BY FEDERAL LAWS AND THE LAWS OF Tile STATF C
nonolalhan .,rivei"r. r:,.,ur^,h';iDur.?,Szg?_scribed byfhe Fai,• OHi, WITHOUT REGARD TO CONFLICT OF LAW RULES,
A .new borrow @.i1 ne-lvh •` n, rice on aStaHOrd,
PLUS. SLS or'Consunoalwn Loan on the cane he or she signs the Plants. Voumay assignF this Promissory Note at any bme.I will be nouneo o: ::•
asss;nment b
?fvono aflerJOly The:esa and cnsis itionsscry Note. °
O:y No:e foraWAn:o coverpenCCs clenrcl. '.mec: begmm
r 1987,bfdisloursed on or-alter JOly11t 19BT.,\?_ `-4U\'. ; closure Statement con
Promissory 8. tit tect forth I,', e heenti this. agree:Omasoryefz cod an
I unoerstano Ina( I must nowy you .hen Ine candwon enul,mg me to Ine 7. d clo atsur isron of l Not is us
!h't p ment between you and m,.
?lerermePl rip lnnnPr exile rov75lnn shall l ba h isidel omitted ed from the Pr fromfhd: Prdmissoso;rv
t lidtly ocnfom Nc:
FO'%_AR te':^: u ef!e-•:-c 'hit t'a1IN or e'r erbiuty of t^^ •r-•_? r.• ,-• .
It 1 am unaole to o repay my loan in accoroauce w;iil B.e to nfa a>i.LGaLcu -r -C:.•y
^^ ^•° ^v^„a;<o.nm%«n.v Kim. Im,,, rah,i.st rhm von mnrlifv P A nro:4s,nn nffhis Promissorv Note may only be modified iflofntlyaorer
mesa tefm5.lunderstand met soon modification wouldDe at your option. I upoumw•nlingdyyou aria me.Any mcu,ucauunA..,notsn,.:;
also uraorstand mat a modd,cat!cn of repayment terms under this or enfcrecability of the remainder of this Promissory Note
_ LAYJ NCt+CSS IJ171rJZ LVMIV ?L/'11
In this Note the words "I", "me", "my' and "mine" mean the undersigned borrower.
other holder of this Promissory Note.
1. IMPORTANT- READ THIS INFORMATION CAREFULLY -
1. When you receive my signed Promissory Note with my application, you are not agreeing to lend me money. You will not have agreed to Jena me money and l will
rat t: an 11iii: NVe,..all gleaneh-1, Cr nlo-l,pnicillytransfer the loan funds to my school for me. You have the right not to make
a loan or!c lend an amount less!nan Ire Lean Amount Requested.I agree to accept an amount less man the Losn Amount Requested and to repay that portion
of the Loan Amount Requested that you actually lend to me.
2. AlterThe Education Resources Institute, Inc. (hereinafter referred loss'TERI") agrees to guarantee any loan you agree to make to allwill send meaDis-
••-e:_ta^ant In ,..+ In ro-e. mrn,nan-? the pianleeo•e $ntemPnl \vhichl agree shall be incorporated in and made apart of this NOte, will tell me
the 'amount of my disbursement and the amount of your origination fee and the guaranty lee.
3. I will review my Disclosure Stalement upon receiving it and will contact you if I have any questions.
NOTE: i.O SCni\TCH.OUTS OR yimiE•OUTS WILL -uE ACCEPTED CC.C,.. Z:ia7: ,:J I.
I .. I a . 1'7_• If. PROLUSE TO PAY
:, y„) T'• ?? + `' L_C• I' pre ,se to pay to your order on the terms of this'rromisscry Ii c:e all, I ma p:mclpal sum at 15 / Y , S-C= C, uu
(Print your Name as Borrcvvet) Loan Amount Requested
to the extent it is advanced to me and as set out below, interest on the principal sum to the extent it is advanced to me, interest on any unpaid accrued interest
added to the prin;:p-al balance. (ate charges, and, in the event of ds:acll. c__.., cl ec!!ec!ion and reasor!ab!e V!Crnq%s fees.
Ill. DEFINITIONS 3. Repayment Terms -I will repay my loan Inconsecutive monthly Install"
Dlsburesmp-t Date- The -DJs hursement Date is the dale on which you ments of principal and interest calculated each Change Date to equal the
lend money tome inconsideration for my Promissory Note and will be amount necessary to amortize the unpaid prirc!pal balance (including
the date shown on my loan check or the date the loan funds are else- capitalized interest) of my loan (as of the date of calculation) in equal
•?I., 1_x,_,1-?_,p_ _I __/f_?n.n? n„4p\Ia.lablo alp(
1IG01CSny lo nn, .V...., .. _.-.. ,....._ n. _..
2. Interim Period-The "Interim Period" will begin on the initial Disburse- effect over the number of months remaining in the Repayment Period.
ment Date and v4d end an the earlier of the fcl:owing dates: 4. Amounts Owing at the End of the Repayment Period-Since interest ac-
(a) Six months after I cease to be enrolled (for any reason other than trues daily upon the unpaid principal balance of my loan, if I make
graduation) in at least nail-lime aludY at theiuw school nom ad above ,.'-may„ ; ntS C,ner^• cy,., -__,n,.._
: due dales, I.may . add!9onalinteresl. Ill
or any other law school participating in the Law Access Loan pro" have not paid my late charges, I will also owe additional amounts for
gram; or those late charges. In such case you will increase the amount of my last
(bl Six months after I graduate from the law school listed above or any monthly payment to the amount necessary to repay my loan in full.
other law school partic,pating in the Law Access Loan program. 5. Minimum Repayment-Notwithstanding paragraph V.31 agree to pay at
3 Repayment Period -The -Repayment Period" wi!I begin on the day after least S50 each month (principal and interest) or the unpaid balance,
the Interim Period ends and will continue for 180 months. whichever is less.
4. Statement Period - I will re ve statements on my loan at the address VI. LATE CHARGES
shoran on your records (see . Xlll.. NoPces).The period of time
covered by a statement is called a-Statement Period.•During thelnterim If permitted by law(v:n;ch shall include the law ofNew Jersey). I will paya
Period. I will receive quarterly statements on my loan. The quarterly [ale charge if I fall to make any part of an installment paymentwithin 15 days
statements will cover Statement der:c-`s beginning on the Disbursement after it becomes clue. I will pay only one late charge for an installment
Date and thereafter on the first day of each January, April, July and payment, regardless of the number of days it is late.A late charge may not
October. During the Repayment Period I will receive monthly statements exceed :,`,e lesser of S5.00 or E4i of the unpaid amcunl of the installment.
on my loan. The monthly statements will cover Statement Periods VII. PPEPAID FINANCE CHARGES
beginning cone first day of the Repayment Period and on the same clay 1. Guaranty Fee- I will pay a guaranty fee toyou, a portion of which youwill
of each following month. forward to TERI to pay for its guarantee of this Promissory Note. The
IV. INTEREST amount of this guaranty fee will be identilied on my Disclosure
1. ' Carua' - - cat - `.;s - .cc at :lie `. Statement.
Rate. Interest begins to accrue on the Disbursement Date and will 2. Origination Fee- I will pay an origination fee toyou equal lo.25%aline
::n!:nue!oaecrde until:hear'^p'^aI'epaid in hull. Irterestvill accree cn amourtof each disburse-tent.If i reside in LcNsiasa. the onSnation fee
ices UfpaiC principal aJle:p 4he of;e,It,I rS ddvdhCEd lt. me and On JCpd,C \:,il not 2Y.Ceed 525.00.
accrued interest added to the principal balance in accordance with 3. Deducted from Disbursements - At the time you issue any disburse"
Paragraph V.I. Interest will be calculated on the basis of the actual merit. you will deduct the guaranty fee and origination fee from the
num.Uer of days in the )car,;nS G:a a::ua! nU61par el da,s v:apccJ oisburscmant. Ifyeu ae not vnlhhOKl a fee from the proceeds of the'can
:ne:Uaing npiide/Sand Gays an :vhbh, c'u_a ill cpen 1cr t.e cond•J:t ardl halo nala::copy pa,u':.ha!ice,l agtEa:opzyl'rna-}:u Uri hteforil.
of banking business.lf l am obligated to pay interestduring thelnterim I will net be en6p<_d to any refund of any guaranty Jeerer origination fee.
Period but fail to do so, you may at your option, add such interest to
th- F.i p:y.-.: •4pr rnnt 1.•111 PIf HTTO=P:P''
?. Va,Ia hIP ?2!e-The\/nr•aP!eRa!e is f;Ual`03.25 oercentage points plus I have the right to prepay all or any part of my loan at any time without
the Curremindox, butin no eventmore:nan memaximum raleauowaole penalty.
day of each January, Ap,d. J•_:y zoo C:::par -e -Grange Dalel si"111 (PLEASE TUnN OVER - CONT:NUED CS nE':ERSE S ;CE)
"c Curzr:!-da.; e!:znger. -l•e C_-•e' ::".-... '.; -?; ,:atend:,rquar•5r
baginnlrr, on a Charg^Date 'or fprory V:orier period beginning on the 1 WILL NOT SIGN THIS PROMISSORY NOTE BEFORE READING BOTH
Disbursement Dale and ending on Ire first Cnacge Date) is the most SIDES OF IT, EVEN IF OTHERWISE ADVISED. I WILL NOT SIG14 THIS
Iecmdbd.e LS.:;I:cC:::r.g:_nd.":' _ PP,OMISSCRYXOTE I=!T CONTA!LIS ANY aLANK SPACES. 9Y SIGNING
slant rate of the final dJC!1e0 far 91-day Unzzd Slates ireas,.ry-EI;:s THIS PROMISSORY NOTE I ACKNOWLEDGE THAT I HAVE READ IT, IT
during the prevlcrs ) : - Oval'-, ,The hrnd nnu•valent rate of the CONTAINS NO BLANK SPACES AND THAT I HAVE RECEIVED AN EXACT
weekly auction average for 91-day United Stales Treasury Bills is COPY. I HAVE THE RIGHTATANYTIMETO PAY IN ADVANCETHE UNPAID
publishedbytnoFedera'=ese:veBea•d^SI::f6L!eli.?ease H.tS(5'9) BALANCE DUE UNDER THIS FROt;ISSORY NOTE WITHOUT PENALTY.
uecler the neclnrnhcn•ACCFnn Fvera^ellnreslmer!I-. 3•month."I Ifthe -?+---
t-cex is -a!cnac:::G.:3:::L. '..:-"J-- ] _.^,::.•; 7C tl [tsw_te.
J
1. V. TERMS OF REPAYMENT Interim Perod-I am ngl remnr?tl to make payment; during the In;Mim f/-
Period. You w.II aea unpartl tt.c pwi%;put Laic,::e p Sign[O
/r
accrues during the interim Period in the amounts end oo the payment RUST COMPANY NATIONAL ASSOCIATION
due dates sherm on my gJartaly stn;umo:;a. 9__ Euclid Am-.n--, Clc.tland. Ohio 4.101
2. Reonvmenl Period - I will make coiseeWwe monthly cayments in the -9 ?
amounts and on the payment due (fates Sno,vn on my monlnly state-
C,r..vn, tinLZ
•r . - •^GI,n,.La"?{/! t ..__ __.__.-_
cn:. Vn!il I hive rail :Il of •!••• ••._--:':I n-!
charges I may owe under this Promissory Note Randall Lt. Behm, Vice President
LAW ACCESS PROGRAM (1991.92) LENDER COPY
(Continued from other side)
R?PA'l:.fENT
IX DEFEW.lENT OF
tits pavments will be scheduled to be made Inconsecutive monthly install-
mints as set forth in Paragraph V.3.1 understand that in certain instances
1,.... q.:.....-_.. ........ Vof this
.::............ .
Promissory Note, maybe deferred for a period not to exceed three months.
comply with the eligibility requirements set forth below and to submit to you
any forms you may requ e w 4-i4m my ciiglbi:.;, for Jefeimea; of r=
mam.l will remain raspc....s.]'e lot papaunt a!it:?•.,"deeri Iny p' -o
deferment.
I may defer payment of principal on my loan aher the rep 9' •,a,wu
begins underanyofthe following c'rcusa^.ancas and onlyfo I, dnotto
exceed three monias. Srn
I W'hilp I am engaged in JGC
(a) Full-time study at a school that is participating in the d Loan
Program, formerly the Guaranteed Student Loan Pro -am I arein-
a:ter rate:rN w .:a ..te _....:'1:? =A:",. ' :: )
engaged in a medical internship' residency program rti,q?•'A=
national of the United States and am studying at a scho
-
;n ; - -J Slat -
fbl Full-ILVe•S'3tl•: a an'r .. ,7 On of hint,': educa!ipr 0,avocitionai
msntlp r, tne saviCa acatlemiesl. unless I am engaged ine medical
internship.'residency program Off art: not a national o: the Unilao
Sipie; d,iu d.y _ d, 6:ga .. .•_? _ Lln. "d $"
(c) An eligible graduate fellowship program as defined in its Stafford
Loan Program regulations; or
(d) An eligible.anabil.tation training program for disabled individuals as
defined in ine Stafford Loan Program regulations.
2. While I am
(a) On active duty status in the Armed Forces of the United States, or
serving as an officer !n we Commissioned Corps of the United Slates
Fub:ic Heaan Service,
(b) Serving as a volunteer under the Peace Corps Act. if l have agreed to
e for of at left- n
to) Serving as a full-time volunteer under Title I of the DomesticVolun-
leefS(TrvlceActOf 1975tACT10N programs). if nave agreed toserve
for a term of at least one year;
calico has date:e.:had is: san:!ce in the Peace Corps
c: ACTON Y: ear: .i !y , f-not laVatlcn
under Se_tiOn 50•tc+1)of the Internal Revenue Ccde o! 1986• as
amended: or
(ai -pc L'y; ,ny_ a _,. n..n..nn: b.. arrnd nq.,sician, or
u^abt- to secure errniloyment because I am caring for a spouse or
o:he: dependent who is temporarily retail/ oisaalad. as esmousnao
by a svw^rn affld3vil of a r•,allli?d phys clan.
n lxlbiln I am -
(a) Serving in an eligible internship program as calinad!' :he Stafford
Loan Program regl ions: or
or a health care iacmty Inat?OfTcrs post graduate training.
:;hen l am e.(e actin c cr cs•cg lr: -nevi d-=--den- :thomewhoisneith-
er working or in school, provided I am not attending a school and am not
na:nh till. amn:nv-d In nn!er'0 nual'IV Mr this deferment. 1 must have
peen enrolied d: least rat:-z.7.- m a s:n?]1 pa:ut.pa]n j,a a ata.:J1.:
rwcedina the
beginning tale of the Uaritnndni.
In ado.Len to lie aca,a cd: i'a•:':..' 1 .ill: a ?::. vin ,;n:,' Ia* JcL:ad
?ei.pgl, I may ?.ISO reCuast.lr add.C;n to the above, deferments of payment
orpdga+pa.0:.
following circumstance,.
o. ^_. _ =..j.. e' ann.._ _. D. ..--, .. e l am^n9n naA In a aln,l.?al
i^ nnan ^. f?i . .. 7 1. •:4 edgim-
paragraph is different from deferment of repayment Jas described in
paragraph IX. of this Nota).I understand that 1 will remain responsible for
payment of interest during any period of lorbearance.
XI. W:10LE L=tl OL'E
To the extent permitted by law (which shall include the law of N ew,lersey).1
will be In default and you have the right to give me notice that the whole
nd:nn nnn,.n,1 bnynnn nr.!ad in.prn51 nd all nin-, amounts
y3' n'ypu under the terms of this Franusory tote, are due and pay-
,b:1G]; v JG ,' i'_......._.. ..._ _ , .C c.: e r".
I all to any monthly paymel:: to you when due: or
2 Ifail ,yew s!azte.an al.'. ; ?' :. o• ^ .•nr_l"en.
t? {f ate i ten dai a!: a char,;: cccurs; o• n _
i991o:e 'tin., p._r P•um;ac :_•..;Pros;C:;t:.q:::
4. Anyt nitro toy proceeding is begun by or against me, or l assign any of
e1$ I r me oaneiit of my crad!ior;, o:
makp?a:;fV l Ise written statement in applying for this loan or at any time
,p vrfr.C f?, .r!, c a..cayren. og.:ids
,.:, will be required to pay interest on this loan accruing after default.
The interest rate after default will be subject to adjustment in the same
runner as before defy,.-It.
XII, COLLECTION COSTS
include the law of Ne•wJersey), including reasonable attorney's tees for any
attorney who is not your regularly salaried empWyee are ccw t and o:`_:
an CC_ _..:n_..-••_rfp,_:n?!he to-S of !hie O.nmigenr..
Note if I am in default.
XIII. NOTICES
t. 1 will send written notice to you, or any subsequent h.o:dor of this Promis-
sory Note. within ten days after any change in my name. address. or
school enrollment status.
2. Any notice required to be given to me by you will be effective when mailed
by first class mail to the latest address you holes for me.
XIV. PRIVACY
t. 1 must update the information c . me app:!cation vha_na%er ycc as%me!:
author!ca y:U from time to time to furnish information about my
Iran to consumer reportinn agen::es and to others legally allowed to
receive such information. if t delaull on my loan, disclosure of informa-
tion about my loan to consumer reporting agencies may adversely affect
617 pad: •a.°...g.
2. 1 authorize you hom tiia to time to ragJast and raaaSa !: om others cred-
•t-reatad I:,:G(i,iaLGa a"-'' _-a 1a._.d aboo: my p__ ..n, f! 1 I •a m a
community property state). If I ask you, you will tell me whether you have
requested information from a consumer reporting agency and vviil pro-
yfdam.ay, _ .h era G.m._ ,-.^.dadd,_ of, , agency that lurni,zhid yo'J
a reoort.
3. Unless prohioted by late, (v:nicn snag include ine law Or New Jersey).
you are authcrized to share information about my loan, including, but not
nmitsd in my name curial senility number ISSN). and address, with
your subsidiaries and affiliates and with La:, Schoc! Acmissier,
Services, Inc. and its aMliatas. YCU are aSC a•_ hcrzad to share
f••rn.matlpr a`.T:1, Inan. inr-lurnn?. Cut rot limited to. my name. SSN.
ypur eenai:or'.vftn eelec:ad ma...ng hJ.rsa. lG:pro .oL.:.:].;:::
unless prohibited by !8;r.
XV. ADDITIONAL AGREEMENTS
Than-nnaneta of ll•:n l- hin t,a,fga,! only for,,, eduraticn m ev nense at
in- law school lis:ed above.
., ..1..,r, r_g,
11 Irr-- :-rill become the owner oithis Promissory Note and as my creditor wi!I
navy all the rights or ine oricinal lbnce•• to en!orou,ois FWL.SS:ry :. >
ana:nst me.
3. Nfy raSPcrsl01117;:'Gay:^,?t:,?;;,.::<.a :i:::)..:._..:
other person tome or by your failure to notify me that a required paymant
as not oc ll r.:;._:. .. cg
..._ en.., pln•a.•..._ __.r,1, n. 1,•., r•... _.. - ... -
byla:I.Odrtial pe'/Cdr,::. 5'/df.rtTa:.;aJ pay'.e^i?:J•:. I.iL I'.3r .. c.:,
,a. f..:; .1a .:.. o:.._.. _. .. .- .e J.::,: a,....-..:......?,. g.p .a
?. hl:,: P?al•h Spn--.e' nr an active culy member of the National mane protest or rul-P0yrlarr.w111a_a..1ca.... ,.__.......-........ .-...
issory Note ifI am in default. and to the extent permitted by applicable law
Oceanic and A:w C:pL_rt] naminis:2tip11 Corps. or twhlcn Snail incWCe tea lave of New Jursup. i nc:az, 'u a:le m1, :.4L
- • •.. n.t. ../ n ..ha. , 1r, nh a nG
• secondary school in a teagher sro:ta;e area as defined by the 4. You are located in Ohio. You will receive my application and this From.
Se::elary of Edu':atca issory Note in Ohio.I will make my payments to you in Ohio. CONSE.
...aa c: n_r .:•arcy Ira %;or, fu/ .:u. aaJ a n tie: cg Pa.;: a::-.;:: Lot ii GOVERNED BY FEDE.RAL LS:VS AND THE L.;:IS Of T-He uZ:-E Gr
nomora lhan:il.OUaowegiaml^.,mumroad4y ••,aga ore;:n[adcY rhe'a'' OHIO, WITHOUT REGARD TO CONFLICT O' LA:'/ RULES.
Layer Sl:nda. dp Act 5. I may not assign iris Promissory Note or any of t$ benefit, or a_liga C ,na.
A "nev, borrower" is one v,ho has no outstanding balance on a Stafford, - • , •
- - You may assign this Promissory Note at any time.I will be notified of any
..- .. ,. ., ..a
,.'
?_,o J".).aa,,, FL .. 1. 1
sory::J:v'fJr•t?;dnto']i:,. ..+ 5r. a nYyCl:ral:ef:IIf -V
con: u,....-.., ,.: .,,.,: .... .., :.:_
aJ {pd cc9g:;G.,i set io«h-i ,:i i P, C C 3. `r r. •..___ anC:: .-''-
I undefstand that I must notify you :•.een the conC+ficn enpll:ng me to the 7. forty proves on ct mis Prsmissoryttote Is hale 1rvai.d or unenterCeac:c
_ u! /f t y I ?/I kkaffectin9 the validity or enforceability of the remainder of Ills
It
X. FOR13EARANCE y-l+y p
I4
?
1
_14 and unaplc w.c?w _...... .... :_..... :
tttlETlatagrapp Vof this Promissory NOle.l may request lhl?/ov7Eodif .7
'
Y
l _...,
0I PIJisst?yN may only bemodilied d!ointly agreed
A A prov151A
r mil not Affect tne ra:idi:
h
{
,
`
eldSa terms.lra'c;•n-r••r 1,e+a,Pr :••r,lln no at yv !ion) ,. , 1
r
casc
`upon in in yc a.A. mou,
,
also Vnd:-: -.-.d 'hz! a m:•S =t 5.1 of lerrQs' urine] this,) q ?t „ • or enforceaoillty of the remainder of this Promissory nae.
'r! :. J
VERIFICATION
The undersigned, J. SCOTT WATSON, hereby certifies that he is Plaintiffs counsel in the
within action and that he is authorized to make this verification on behalf of Plaintiff and that the
foregoing facts are true and correct to the best of his knowledge, information and belief and further
states that false statements contained herein are made subject to the penalties of 17 Pa. C.S.A.
Section 4904 relating to unswom falsification to authorities.
J. SCOTT WATSON, ESQUIRE
r=
CD ;
OFFICE OF THE PROTHONOTARY
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
TO: James Lott
1956 Lambs Gap Road
Mechanicsburg, PA 17055
THE EDUCATION RESOURCES
INSTITUTE, INC.
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
V.
JAMES LOTT
NUMBER 99-7414 Civil
NOTICE
Pursuant to Rule 236, you are hereby notified that a JUDGMENT has been entered in the
above proceeding as indicated below.
X JUDGMENT BY DEFAULT
MONEYJUDGMENT
-JUDGMENT IN REPLEVIN
-JUDGMENT FOR POSSESSION
2.
P OTHONOTARY
If you have any questions concerning this Judgment, please call J. Scott Watson,
Esquire at 610-358-9600.
J. SCOTTWATSON, P.C.
BY: J. SCOTTWATSON, ESQUIRE.
Identification Number 41060
30 Regency Plaza
Glen Mills, Pennsylvania 19342
(610) 358-9600
Attorney for Plaintiff
THE EDUCATION RESOURCES
INSTITUTE, INC.
CUMBERLAND COUNTY
COURT Of COMMON PLEAS
V.
JAMES LOTT
NUMBER 99-7414 Civil
PRAECIPE,TO ENTER.IUDGN1ENT
TO THE PROTHONOTARY:
Kindly enter Judgment in favor of Plaintiff, The Education Resources Institute, Inc., and
against Defendant, Janus Lott, in the above captioned matter, in the amount of $38,213.30, for
failure to answer the Complaint in twenty (20) days as required by Pennsylvania Rules of Civil
Procedure.
J. SCOTT WATSON, ESQUIRE
Attorney for Plaintiff
J. SCOTT WATSON, P.C.
BY: J. SCOTT WATSON, ESQUIRE
Identification Number 41060
30 Regency Plaza
Glen Mills, Pennsylvania 19342
(610) 358-9600
THE EDUCATION RESOURCES
INSTITUTE, INC.
V.
JAMES LOTT
Attorney for Plaintiff
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
NUMBER 99-7414 Civil
ASSESSMENT OF DAMAGES
TO THE CLERK:
Please assess damages against Defendant as follows:
Real Debt S38,067.80
Interest -0-
Costs S 145.50
TOTAL S38,213.30
Damages are assessed as above in the sum of 538,213.30.
PRO CLERK
J. SCOTT WATSON, P.C.
BY: J. SCOT"1' WATSON, ESQUIRE
Identification Number 41060
30 Regency Plana
Glen Mills, Pennsylvania 19342
(610) 358-9600
THE EDUCA'T'ION RESOURCES
INSTITUTE, INC.
Attorney for Plaintiff
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
V.
JAMES 1,OTT
NUMBER 99-7414 Civil
AFFIDAVIT OF NON-MILITARY SERVICE
COMMONWEALTH OF PENNSYLVANIA
COUNTY OFCUMBERLAND
The undersigned, being duly sworn according to law, deposes and says that the Defendant
is not in the Military or Naval Service of the United States or its Allies, or otherwise within the
pruvisions ol'the Soldiers' and Sailors' Civil Relief Act of Congress of 1940 as amended;
That Del'endant, James Lott, is over eighteen (18) years of age and resides at 1956 Lambs Gap
Road, Mechanicsburg, Pennsylvania 17055.
SWORN TO AND SUBSCRIBED
BEFORE ME TI-IIS,,OX CDAY
OF r-&b UA-A-t-' 2000.
NOTARY
f:.] I ARIAL SiIAL
- 1-A4 NA A}"I MALONc f, Nutary Public
GNr. Nils, Oa:.rearo County
ld i C,.rrr-.rslnn E.r A^rd 29. 2002
cam(
J. SCOTT WATSON, ESQUIRE
Attorney for Plaintiff
J. SCOTT WATSON, P.C.
BY: J. SCOTT WATSON, ESQUIRE
Identification Number 41060
30 Regency Plaza
Glen Mills, Pennsylvania 19342
(610) 358-9600
Attorney for Plaintiff
THE EDUCATION RESOURCES
INSTITUTE, INC.
V.
JAMES LOTT
CERTIFICATION
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
NUMBER 99-7414 Civil
I, J. SCOTT WATSON, ESQUIRE, Attorney for Plaintiff, being duly sworn according to
law, deposes and says that lie deposited in the United States mail a letter notifying the Defendant that
Judgment would be entered against them within ten (10) days from the date of said letter in
accordance with Rule 237.1 of Pennsylvania Rules of Civil Procedure. A copy of said letter is
attached hereto and marked Exhibit "A".
J. SCOTT WATSON, ESQUIRE
Attorney for Plaintiff
SWORN TO AND SUBSCRIBED
BEFORE ME THIS a? DAY
OF j(-i(N+ tc 2000.
C6a L.?
NOTARY
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OFFICE OF THE PROTHONOTARY
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
LAWRENCE E. WELKER
Prothonotary
To: James Lott
1956 Lambs Gap Road
Mechanicsburg, PA 17055
THE EDUCATION RESOURCES
INSTITUTE, INC.
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
V.
JAMES LOTT
NUMBER 99-7414 Civil
NOTICE, RULE 237.5
NOTICE OF PRAECIPE TO ENTER JUDGMENT BY DEFAULT
IMPORTANT NOTICE
NOTIFICACION IMPORTANTE
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
notice to a lawyer at once. If you do not
have a lawyer or cannot afford one, go to or
telephone the following office to find out
where you can get legal help:
Usted se encuentra an estado de rebeldia par
no haber presentado una comparecencia escrita,
ya sea personalmente o par abogado y par no
haber radicado par escrito con este Tribunal
sus defenses u objeciones a [as reclamos
formulados an contra suyo. Al no tomar Is
action debida dentro de diez (10) dias de la
fecha de esta notification, el Tribunal podra,
sin necesidad de comparecer usted an Corte u
air preuba alguna, dictar sentencia an su
contra y usted podria perder bienes u otros
derechos importantes. Debe Hover esta
notilicacion a un abogado inmediatamente. Si
usted no tiene abogado, o si no tiene dinero
suficiente Para tal servicio, vaya an persona
o flame par telefono a Is oficina, nombrada
Para averiguar si puede conseguir asistencia legal.
COURT ADMINISTRATOR COURT ADMINISTRATOR
Cumberland County Courthouse Cumberland County Courthouse
4' Floor, 1 Courthouse Square 4'" Floor, 1 Courthouse Square
Carlisle, Pennsylvania 17013-3387 Carlisle, Pennsylvania 17013-3387
(717) 240.6200 (717) 240.6200
If you have any questions concerning this notice, please call:
J. Scott Watson, Esquire
J. Scott Watson, P.C.
30 Regency Plaza
Glen Mills, Pennsylvania 19342
at this telephone number: (610) 358-9600
Date: - t?
J. SCOTT WATS ",SQUIRE
Attorney for Plaintiff
1 Cr)
c7
J
cr-
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
PRAECIPE FOR WRIT OF EXECUTION
Caption: ( ) Confessed Judgment
The Education Resources Institute, Inc.
330 Stuart Street (xx ) Other
Boston, MA 02116 File No. 99-7414
Vs.
James Lott
1956 Iambs Gap Road
Mechanicsburg, PA 17055
TO THE PROTHONOTARY OF THE SAID COURT:
The undersigned hereby certifies that the below does not arise out of a retail installment sale, contract, or
account based on a confession of judgment, but if it does, it is based on the appropriate original proceeding filed
pursuant to Act 7 of 1966 as amended; and for real property pursuant to Act 6 of 1974 as amended.
Issue writ of execution in the above matter to the Sheriff of Cumberland
for debt, interest and costs, upon the following described property of the defendant(s)
County,
All content's of Defendant's residence including butnot limited to all furniture,
clothing jewelry, electronic equipment, electrical appliances, kitchen utensils,
silverware, televisions, tools, and any other property subject to levy.
PRAECIPE FOR ATTACHMENT EXECUTION
Issue writ of attachment to the Sheriff of County, for debt, interest and
costs, as above, directing attachment against the above named garnishee(s) for the following property (if real
estate, supply six copies of the description; supply four copies of lengthy personalty list)
and all other property of the defendant(s) in the possession, custody or control of the said garnishee(s).
(Indicate) Index this writ against the garnishee(s) as a [is pendens against real estate of the
defendant(s) described in the attached exhibit.
Date Signature: i
Print Name: J. Scott Watson, Esquire
Address: 30 Regecny Plaza
Glen Mills, PA 19342
Attorney for: The Education Resource Institute, Inc
Telephone: 610-358-9600
Supreme Court ID No.: 41060
(over)
Amount Due 38,213.30
Interest
Atty's Comm
Costs
Sts: Q
Notes: If real property, supply six copies of description including improvements and an original and copy of
affidavit of ownership (Pa R.C.P. No. 3129).
If lengthy personalty list, supply four copies of list.
To index writ, file separate praecipe with writ.
L\ i r f r a '`:
?` '
?o?rt? of (?utttGel???ld
R. THOMAS KLINE
Sheriff
EDWARD L. SCHORPP
Solicitor
Dear Sir,
OFFICE OF THE SHERIFF
RONNY R. ANDERSON
Chief Deputy
PATRICIA A. SHATTO
Real Estate Deputy
One Courthouse Square
Carlisle, Pennsylvania 17013 / - (7)
?
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February 12, 2001
The Education Resources Institutelue.
VS
James Lott
No. 1999-7414 Civil Term = J
Property Claim Determination
Reference is made to Property Claim dated January 31, 2001 entered by Susan
Lott, and pertaining to Execution No. 1999-7414 Civil Term, The Education Resources
Institute Inc. -vs- James Lott.
R. Thomas Kline, Sheriff, has determined that the claimant, Susan Lott, in the
abovementioned property claim, is prima facie the owner of the property set forth therein.
cc: J. Scott Watson, Atty for Pltff.
James Lott, Deft.
Susan Lott, Claimant
So Answers:
Y
i
R. Thomas Kline, Sheriff
By 0-CL 31VLC&
Deputy Sheriff
t
NOTICE OF PROPERTY CLAIM
.T.b.e....E.du.c.a.ti.on...Re.s.ourc.es.._LUs-Lit.u.ke Inc
VS.
James Lott
1956 Lambs Gap Rd.
Mechanicsburg, PA 17055
In The Court of Common Pleas of
Cumberland County. Pennsylvania
No.... J99 9:-.7 4.1.4.Giy.iI........ Term
,
Writ of Execution
TO THE DEFENDANT AND ALL OTHER PARTIES IN INTEREST:
You are hereby notified that a property claim, a copy of which is attached hereto has been filed by
Susan G. Lott , , , , , , , , claiming property listed therein. Unless an appraisal of the prop-
erty is requested within (10) days from the date of this notice, the sheriff without making an appraisal will accept the
value of the property set forth in the claim.
Date: .... 115.11.0.1 ................
cc: J. Scott Watson, Atty for Pltff
James Lott, Defendant
Susan G. Lott, Claimant
Sheriff ofCCumberland . County
By ..- j?7? .aJ FYI C?IY! .............
I Deputy
PROPERTY CLAIM
LA'
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VS
ES
mac 4n? rS sc EFL//t /717 rT
TO THE SHERIFF OF CUMBERLAND COUNTY, PENNSYLVANIA
In the Court of Common Pleas of
Cumberland County, Pennsylvania
WritNo. /5795;-75"-/'/
The property listed below and levied upon in this case is not the property of the defendant, but is the property of the
undersigned. A list of the claimed property and the values thereof are:
LIST OF PROPERTY VALUE
5n FL?= 'moo
rnlSG S-zr-o
fla i-s /a o
745 ml;? ? `BTo
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V c2 t -f *Z),15070 fG I Jiro
S?rcm f sand ) J??
County of Cumberland
6-, L-0 77- being duly swom according to law, deposes and says that the
above list in the property claim are correct and true.
Sworn and subscrib?eiI! to before me
This /, day of ?n 1.9001 Claimant
1ublic NOTARIAL SEAL
PATRICIA A. SHATTO. Notary Public
-Carlisle Born. Cumberland County
My Commission Expires December 17, 2001
THE CLAIMANT OBTAINED TITLE TO THE PROPERTY AS FOLLOWS:
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SHERIFF'S RETURN - REGULAR
CASE NO: 1999-07414 P
COMMON
COUNTYWOFLCUMBERLANDSYLVANIA:
EDUCATION RESOURCES INSTITUTE
VS.
LOTT JAMES
RICHARD SMITH , Sheriff or Deputy Sheriff of
CUMBERLAND County, Pennsylvania, who being duly sworn according
to law, says, the within NOTICE & COMPLAINT was served
upon LOTT JAMES the
defendant, at 16:17 HOURS, on the 16th day of December
1999 at 1956 LAMBS GAP ROAD
MECHANICSBURG, PA 17055 CUMBERLAND
County, Pennsylvania, by handing to SUSAN LOTT (MOTHER)
a true and attested copy of the NOTICE & COMPLAINT
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
So answe s•
18.00
7.44 .00
8.00 omas ine, eri
$M j SCOTT WATSON
by
sworn and subscribed ,to before me
this /F day of
3@9 -2uyy A. D.
epu y eri ' f
romonor.ar
R. Thomas Kline, Sheriff, who being duly sworn according to law, states this
Writ is returned ABANDONED, no action taken in six months.
Sheriffs Costs:
Docketing
Poundage
Advertising
Law Library
Prothonotmy
Mileage
Misc.
Surcharge
Levy
Post Pone Sale
Garnishee
18.00
1.12
.50
1.00
6.82
10.00
20.00
Swom and Subscribed to before me
this ,5`? day of
2002 A.D. Q. Th. t2". •j
pro h notary
Advance Costs: 150.00
Sheriff s Costs: 57.44
92.56
Refunded to Atty on 7/15/02
So Answers;
R. Thomas Kline, Sheriff
By :a&u,4?atzr
d
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tt94Add0
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a"C' . 7.? P666
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
WRIT OF EXECUTION and/or ATTACHMENT
NO. 99-7414 CIVIL 19
CIVIL ACTION - LAW
TO THE SHERIFF OF Cumberland COUNTY:
To satisfy the debt, interest and costs due The Education Resources Institute, Inc.,
330 Stuart Street, Boston, MA 02116 PLAINTIFF(S)
from James Lott, 1956 Iambs Gap Road, Mechanicsburg, PA 17055
DEFENDANT(S)
(1) You are directed to levy upon the property of the defendant(s) and to sell All contents of
Defendant's residence including but not limited to all furniture clothinct, jewelry,
tools and any ro subject to levy.
(2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of
GARNISHEE(S) as follows:
and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is/are enjoined from paying any
debt to or for the account of the defendant(s) and from delivering any property of the defendant(s) or otherwise disposing
(hereof;
(3) if properlyof the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other
than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above
stated.
Amount Due $35,213.30 L.L.
Interest Due Prothy
Afty's Comm
Afty Paid $105.44
Plaintiff Paid
Date: January 2, 2001
Other Costs
Curtis R. Long
Prothonotary, Civil Division
' Deputy
REQUESTING PARTY:
Name J. Scott Watson, Esquire
Address: 20 RQganGIL-P-laZ&?
ri M411 .r. PA 14342
Attorney for: Education Resources Institute, Inc.
Telephone: 6103SS 96nn -
Supreme Court ID No. 41060