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Home My WebLink About09-1731A NC033086 THIS IS AN ARBITRATION MATTER. ASSESSMENT OF DAMAGES HEARING REQUIRED. GORDON & WEINBERG, P.C. BY: FREDERIC I. WEINBERG, ESQUIRE Identification No.: 41360 JOEL M. FLINK, ESQUIRE Identification No.: 41200 1001 E. Hector Street, Ste 220 Conshohocken, PA 19428 484/351-0500 SALLIE MAE, INC. AS COURT OF COMMON PLEAS ADMINISTRATOR AND AGENT FOR CUMBERLAND COUNTY SLM EDUCATION LOAN CORPORATION 12061 BLUMONT WAY RESTON, VA 20190 VS. DOCKET NO. : 04 /7?1 1. l Vo L"-T HEATHER J SIMS 104 W MAIN STREET APT G MECHANICSBURG PA 17055 COMPLAINT IN ASSUNPSIT NOTICE an 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 JUDGEMENT 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. CUMBERLAND COUNTY BAR ASSOCIATION 32 S. BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 1. The defendant, for valuable consideration received, executed and delivered to plaintiff promissory notes for the payment of tuition under the terms of which the defendant promised to pay to the plaintiff consecutive monthly payments under the terms and conditions set forth in the promissory notes. A true and correct copy of the statement of account for said promissory notes, if available, is attached hereto, made a part of this complaint and marked Exhibit "A" 2. Contrary to the terms of the aforesaid promissory notes, the defendant failed to make the required payments when due as a result of which the unpaid balance of $9,820.90 became due and payable. 3. As a result of defendant's default, defendant is indebted to plaintiff in the amount of $9,820.90. 4. Plaintiff has made demand upon the defendant for payment of the amount due but the defendant has failed and refused and still refuses to pay the said sum or any part thereof. WHEREFORE, plaintiff claims of the defendant the sum of $9,820.90. GORDON & WEINBERG, P.C. BY: FREDERIC WEINBERG, ESQUIRE JOEL M. FLINK, ESQUIRE Attorney for Plaintiff P01CSM EXHIBIT "A" NC033086 4217381530101 4277381530107 SALLI= mu, INC. AS ADMINISTRATOR AND AMT FOR SIX RDWATION LOAN CORPORATION I hereby state that I am the agent for the plaintiff herein, and that the facts set forth in the attached Affidavit which is incorporated by reference in the foregoing Complaint in Civil Action are true and correct to the best of my knowledge, information and belief and is based upon information which plaintiff has furnished to counsel. The language in the Complaint is that of counsel and not of plaintiff. To the extent that the contents of the Complaint are that of counsel, plaintiff has relied upon counsel in making this verification. This verification is made subject to 18 Pa.C.S. §4904 which provides for certain penalties for making false statements. Name STATE OF INDIANA COUNTY OF HAMILTON SALLIE MAE, INC. AS ADMINISTRATOR AND AGENT FOR SLM EDUCATION LOAN CORPORATION Plaintiff, VS. Docket# HEATHER J SIMS Defendant. MC033086 4277381S30101 427736IS30107 I,?fiy ?- being of full age, hereby certify as follows: 1. I am more than 18 years of age and am competent to make this affidavit. 2. I am employed by agent, SALLIE MAE, INC. AS ADMINISTRATOR AND AGENT FOR SLM EDUCATION LOAN CORPORATION as a custodian of records and am competent to testify to the matters stated herein which is made on my personal knowledge, based upon the books and record of the Plaintiff, and are true. 3. In the ordinary course of business and as a regular business practice, SALLIE MAE, INC. AS ADMINISTRATOR AND AGENT FOR SLM EDUCATION LOAN CORPORATION employees or representatives with knowledge of the accounts compile business records memorializing account activity and transactions at or near the time they occur. 6. 1 have custody and control of the files and business records relating to this account. 7. There is now due and owing from defendant to plaintiff, the amount of $9,820.90 as of October 16, 2008. 8. The documents attached to this affidavit, if any, are true and accurate copies of business records regarding the Defendant's account. 9. Upon information and belief, the Defendant is not now, nor has been within 30 days hereof, in the military service of the United States as defined in the Servicemembers Civil Relief Act as amended nor an infant, incompetent, under mental defect or infirm. 10. Defendant is entitled to no known valid defenses, setoffs or counterclaims, and further states that written demand was made upon the Defendant. 4. Entries in the files and business records of Plaintiff are made contemporaneously with transactions in order to preserve the accuracy of the transaction. 5. Plaintiff's files and business records are maintained by for SALLIE MAE, INC. AS ADMINISTRATOR AND AGENT FOR SLM EDUCATION LOAN CORPORATION I affirm under the penaltR of perjury that the,,above fact are true and correct. Ag cy fo SALLIE MAE, INC. AS ADMINISTRATOR AND AGENT F SLM UCATION LOAN CORPORATION Name Printed Sworn to and Subscribed to before me this / day of 4. -4 a y ub1ic Kimberly L. Peace My Commission Expires: June 18, 2010 Within and for the County of Hancock and State of Indiana Notary Number 51735'7 P101 (d) 9:30:10 Thursday, November 06, 2008 CLASS-111-ACCT BALANCE, AMT DUE, SCHOOL DATA------------- LSC/F 11/06/08 >NXT SCR 111 SSN _ PG _ OWN ST GU _ LN DT _ SSN 427 73 8153 1 LOANS PART PROD XC STATUS RPMT GUAR 1G OMMI 44907_6_ NANX (M) HEATHER J SIMS DOB 02 14 79 OWNER SLM ECMC ADDR 640 COOSA RD # A H PH 717 000 0000 BENCH ID 0000 CITY BOAZ ST AL ZIP 35956 5359 W PH DFR INT CD E ADDR IND D RELEASE INFO Y LANG INT RATE 14.500 VALID ADDR N COS N COM N AMT OUT 8,010.96 TOT DSB $ 6,696.00 COBORR IND NLMA PAYOFF PRIM SUB .00 PRIM PD .00 SEP DATE ******** GRACE 06 _ PRIM NSUB 6,696.00 BR In PD .00 SCHOOL 007329 MCS OPP CAP INT 1,023.96 BR INT YTD .00 ITT TECH INST-MECHANICSBURG ACC HORR INT 2,041.74 BR INT PYR .00 CLHSE Y *DELQ* ANTICPD PIF DT ******** 10-DAY PIF 12,375.27 LATE CHG AMT 50.00 OTHER CHGS 2,240.77 PRESENT AMT DUE 2,685.40 PMT DUE DT 11/23/08 LAST BR PMT RECVD .00 FEES ACCRUED Y SCH PMT AMT 152.09 AMT OF LOT BR PMT .00 AMT DELINQUENT 2,533.31 18T PMT DUE ******** SCHED TERM *** DAYS DELINQUENT *** RPMT BEG DT ******** MAX PAYOFF DT ******** DELINQUENCY DT ******** COUP GEN DT ACTUAL PAYOFF DT CORRESPONDENCE ENTRY CPP CNSL IND LETTER REQUEST DATE SOURCE MESSAGE 110608 E18351 CONT I004 PREVIOUS SCREEN WAS NOT PROCESSED - NO DATA WAS ENTERED PFS-BORR ACTV(112).PF6-BILL(121).PF7=COS/RSF(116).PF9mCM Plff DUZ.PFIO-LOAN DIR j ? ('? - a ? '? ? =? ?: - ? ' .? t - ? s _. y; ? v, ?y. ? . ? ??? 55 r?1 ?? ?°` Sheriffs Office of Cumberland County R Thomas Kline ?atn et Lunt6t'r Lawara L bcnorpp Sheriff $ Solicitor ' J--," Ronny R Anderson Jody S Smith Chief Deputy OFRCE OF THE SWERIFF Civil Process Sergeant SHERIFF'S RETURN OF SERVICE 03/25/2009 R. Thomas Kline, Sheriff who being duly sworn according to law states that he made a diligent search and inquiry for the within named defendant to wit: Heather J. Sims, 104 W. Main Street, Apt. G., Mechanicsburg, Cumberland County, Pennsylvania but was unable to locate her in his bailiwick he therefo returns the within Complaint as not found as to the defendant, Heather J. Sims. Post Office advises move( left no forwarding address. SHERIFF COST: $42.00 SO ANSWERS, March 31, 2009 R THOMAS KLINE, SHERIFF Deputy Sheriff Docket No. 2009-1731 Sallie Mae V Heather Sims 20APR-1 P"$27